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HomeMy WebLinkAboutOrdinance 1710 N.C.S. 01/04/1988ORDINANCE NO. 1710 N.C.S. Introduced by Councilman Seconded by Councilman MICHAEL DAVIS JOHN BALSHAW AN ORDINANCE AMENDING TITLE 17 OF THE PETALUMA MUNICIPAL CODE BY ESTABLISHING CHAPTER 17.32 AND ADOPTING AN INTERIM GROWTH MANAGEMENT SYSTEM FOR CALENDAR YEAR 1988 WHEREAS, the City of Petaluma adopted a new General Plan which establishes a growth management o icy based on limiting rest ,tial dwelling units rather than a specified yearly increase in population; and WHEREAS, the City Council has directed staff to prepare a revised growth management system that would implement the applicable growth management policies adopted in the 1987-2005 Petaluma General Plan; and WHEREAS, the creation of a revised growth management system will require a transition period between the present system and the proposed revised system in order to accommodate residential development projects ready to proceed in calendar year 1988; and WHEREAS, it is the intent of the City Council to adopt, by this ordinance, an interim growth management system applicable to residential development in calendar year 1988 effective only until such time as a complete revision can be enacted and effective for calendar year 19$9 and beyond; NOW THEREFORE BE IT ORDAINED by the Council of the City of Petaluma as follows 1 ORD 1710 NCS Section 1. Title 17 of the Petaluma Municipal Code is hereby amended to establish Chapter 17.32 which shall read as follows: "Chapter 17.32 Interim Growth Management System For Residential Development In Calendar Year 1988 Sections 17.32.010 17.32.020 17.32.030 17.32.040 17.32.050 Fin ding s Applicability Allocation Application Procedure Award of Allotments Appeals to City Council 17.32.010 Findings. In establishing an Interim Growth Management System for calendar year 1988, the City Council finds as follows: 1. An interim system for 1988 is needed to provide an orderly transition from the provisions of the Residential Development Control System to the proposed revision of the growth management system to be adopted by the City in early 1988. 2. The interim Growth Management System is consistent with the applicable policies of the 1987-2005 Petaluma General Plan related to growth management; in particular, Policy 8 of the Housing Chapter which sets forth growth limits in terms of numbers of certain types of housing units instead of percentage of annual population growth. 3. The Interim Growth Management System is consistent with the City of Petaluma's long-standing and legally-tested commitment to control the rate of certain types of residential development in the community, while striving to satisfy it's fair share of regional housing needs by exempting senior and lower income housing 2 ORD 1710 NCS projects from the numerical growth limit established each year by the City Council. 4. The Interim Growth Management System serves the public interest and protects the public he alth, safety and welfare by implementing reside ntial growth parameters upon which future planning for land use and major city facilities (such as city sewer and water systems) are based. 5. The Housing Chapter of the 1987-2005 Petaluma General Plan has been certified by the State Department of Housing and Community Development based on the City's ability to satisfy regional housing needs while maintaining its growth management system. 17.32.020 Applicability. a. This chapter applies to all residential development projects on parcels of more than five (5) acres or more or of greater than fifteen (15) units which require allocations for calendar year .1988 only. b . Allocations (or allotments - the two words are used here interchangeably) are defined for the purpose of this Chapter as the right, granted by the City Council, to make application for and receive tentative map or rezoning (in the case of apartment projects) approval in 1988; or to proceed in 1988 with construction of a subsequent phase of a project with an already approved tentative map or rezoning (for apartments) . c. Senior housing projects (as defined as housing for persons 62 years old or older) or a "senior citizen housing development" (as defined in Civil Code Section 51.3) and lower income housing projects (as defined by the very low and low income standards set by the U.S. Department of Housing and Urban Development) shall be exempt from the provisions of this Chapter. 3 ORD 1710 NCS. d. Projects on parcels of less than five (5) acres or fifteen (15) units or less shall be exempt from the allocation application procedure as described in Section 17.32.030, below. However, projects of this type, unless otherwise exempted as senior or lower income housing, shall have its units counted as part of the annual allocation established by the City Council. (A unit is defined as either a lot or unit created by tentative map or an apartment unit. 17.32.030 Allocation Application Procedure a. Developers shall submit in writing, to the Community Development and Planning Director, their request for allotments for calendar year 1988 only. Only those requests received by 5:00 PM, February 8, 1988 shall be considered for 1988 allocations. b. If a letter of request is not received by February 8, 1988, a project shall not qualify for allocations in 1988 and must then follow the procedure established in the revised growth management system that will supersede the interim system set forth in this Chapter. c. Reservations of allotments (i.e. , the commitment of the City to grant allotments in future years) shall not be permitted by this Chapter. Requests for allocations in calendar year 1989 and beyond shall be handled through the revised growth management system to be adopted by the City subsequent to this Chapter. 17.32.040 Award of Allotments a. The City Council shall grant 1988 allocations at its earliest available meeting date in February, 1988 following the deadline for receipt of the letters of request for allotments from prospective developers . 4 ORA. 1710 NCS b. The City Council shall grant allotments for 1988 by resolution, not to exceed the limit set by Policy 8 of the Housing chapter of the 1987-2005 Petaluma General Plan which states, "The maximum annual allocation via the growth management system shall be 500 dwelling units per year, exclusive of units targeted to households of very low and low income, and seniors." c. The City Council may, for purposes of this Chapter only, allow units allocated but unused in years 1986 and 1987 to be carried forward and added to the 1988 allocation pool so long as the three year total does not exceed the General Plan three year limit of 1500 units." d. No single project may request more than one-hundred (100) allotments for the year. e. The City Council shall allocate a accommodate projects on parcels fifteen (15) units or less (unless lower income housing) . These counted as part of the annual a] for calendar year 1988. total of forty-five (45) units to of less than five (5) acres or otherwise exempted as senior or forty-five (45) units shall be location set by the City Council 17.32.050 Appeals to the City Council An applicant may appeal to the City Council discretionary decisions made pursuant to this chapter by filing a written notice of appeal with the City Clerk within ten days after the notice of such decision has been mailed. The City Clerk shall place the matter on the next agenda for a regular meeting or may continue the matter at the applicant's request, at which time the Council will hear the applicant or his representative and such other person or persons as may wish to testify before the Council in the determination of 5 ORD. 1710 NCS. the matter of an appeal. The Council may affirm or modify the decision and its decision shall be final and conclusive." Section 2 , The City Clerk is hereby directed to post this ordinance for the period and in the manner required by the City Charter. INTRODUCED AND ORDERED POSTED/PUBLISHED THIS 21st day of December 1987. ADOPTED this 4th day of January 1988 by the following vote: AYES: Balshaw, Cavanagh, Davis, Tencer, Vice Mayor Woolsey, Mayor Hilligoss NOES: 0 ABSENT : Sobe 1 Attest A~ City Clerk /~? ` . ~ `,/ ' 4 ~, ~ _. _f Mayor ord. gm/gm 6