HomeMy WebLinkAboutStaff Report 7.A 04/03/2006CITY OF PETALUMA, CALIFORNIA 7 • A
AGENDA BILL April 3, 2006
Aeenda Title: Discussion and Possible Action on 2 Alternative Meeting.
Urgency Interim Ordinances Respectively Proposed by
Councihnember Healy and Councilmember Torliatt Imposing a
Moratorium on the Issuance of Entitlements for Specified New Meeting Time: ❑ 3:00 PM
Development in the City of Petaluma in the Floodplain Depicted in ® 7:00 PM
the 1989 FEMA Flood Insurance Rate Map (FIRM)
Cateeory (check one): ❑ Consent Calendar ❑ Public Hearing ® New Business
❑ Unfinished Business ❑ Presentation
Denartment: Director: Contact Person: Phone Number: 778-4347
City Council Mike Healy
Pamela Torliatt
Cost of Proposal: Unknown. Depending on the length of the Account Number:
moratorium and the affected entitlements, there could be a loss of
permit fee revenue while the interim ordinance is in effect. Name of Fund:
Amount Budeeted:
Attachments to Agenda Packet Item:
1) Draft Urgency Interim Ordinance (Version 1 -Healy)
2) Draft Urgency Interim Ordinance (Version 2-Torliatt)
Summary Statement: In response to City Council comments, the attached interim ordinances would result in two
possible outcomes:
Version 1 (Healy) would prohibit the issuance of building permits on any properties in the City of Petaluma in the
designated 100 -year floodplain upstream of the constriction weir of the Corps of Engineers Payran Flood Control
Project with exceptions provided for construction or repair work within an existing structure that does not result in an
increase in square footage or a new or more intensive use; allows development with City Council approvals prior to
the effective date of the ordinance to proceed to get building permits; and allows modifications to City Council
approved projects when such modifications do not result in an increase in square footage.
Version 2 (Torliatt) would prohibit the approval of any entitlements, including but not limited to zoning approvals,
Subdivision Map Act approvals, design review approvals (SPARC), or building permits on any properties in the City
of Petaluma in the designated 100 -year floodplain upstream of the constriction weir of the Corps of Engineers Payran
Flood Control Project. An exception has been provided for construction or repair within an existing structure that
does not result in an increase in square footage or a new or more intensive use.
The City Council, on a 4/5ths vote, may adopt either of the attached interim ordinances as an urgency measure
(meaning that it goes into effect immediately upon adoption) for 45 -days. Pursuant to state law, the interim ordinance
may be extended, following appropriate public notice and hearing, for a period of 10 months and 15 days (which,
when added to the initial 45 -day period totals 1 year). A second 1 -year extension, if necessary, is also permitted by
state law. The general purpose of either ordinance is to prevent development from occurring in the FEMA FIRM
100 -year floodplain north of the constriction weir until the storm water modeling analysis being done as part of the
General Plan 2025 process is complete.
Recommended Citv Council Action/Sueeested Motion:
The Council may adopt one of the proposed Interim Ordinances as an urgency item at the April 3 meeting
by a 4/5 vote; or it may choose some other course of action. The Council may also adopt an interim
ordinance by simple majority after first providing appropriate public notice and hearing.
Reviewed by Admin. Svcs. Dir: Reviewed by City Attornev: Avnrov_c4 by City Manager:
Date:�)/j Date: Date:
61 /2`614& �� 7
Todav's Date: Revision 0 and Date Revised: File Code:
CITY OF PETALUMA, CALIFORNIA
MARCH 20, 2006
AGENDA REPORT
FOR
DISCUSSION AND POSSIBLE ACTION ON 2 ALTERNATIVE URGENCY INTERIM
ORDINANCES RESPECTIVELY PROPOSED BY COUNCILMEMBER HEALY AND
COUNCILMEMBER TORLIATT IMPOSING A MORATORIUM ON THE ISSUANCE
OF ENTITLEMENTS FOR SPECIFIED NEW DEVELOPMENT IN THE CITY OF
PETALUMA IN THE FLOODPLAIN DEPICTED IN THE 1989 FEMA FLOOD
INSURANCE RATE MAP (FIRM)
EXECUTIVE SUMMARY:
In response to City Council comments, the attached interim ordinances would result in two
possible outcomes:
Version 1 (Healy) would prohibit the issuance of building permits on any properties in the City
of Petaluma in the designated 100 -year floodplain upstream of the constriction weir of the Corps
of Engineers Payran Flood Control Project with exceptions provided for construction or repair
work within an existing structure that does not result in an increase in square footage or a new or
more intensive use; allows development with City Council approvals prior to the effective date
of the ordinance to proceed to get building permits; and allows modifications to City Council
approved projects when such modifications do not result in an increase in square footage.
Version 2 (Torliatt) would prohibit the approval of any entitlements, including but not limited
to zoning approvals, Subdivision Map Act approvals, design review approvals (SPARC), or
building permits on any properties in the City of Petaluma in the designated 100 -year floodplain
upstream of the constriction weir of the Corps of Engineers Payran Flood Control Project. An
exception has been provided for construction or repair within an existing structure that does not
result in an increase in square footage or a new or more intensive use.
The City Council, on a 4/5ths vote, may adopt either of the attached interim ordinances as an
urgency measure (meaning that it goes into effect immediately upon adoption) for 45 -days.
Pursuant to state law, the interim ordinance may be extended, following appropriate public
notice and hearing, for a period of 10 months and 15 days (which, when added to the initial 45 -
day period totals 1 year). A second 1 -year extension, if necessary, is also permitted by state law.
The general purpose of either ordinance is to prevent development from occurring in the FEMA
FIRM 100 -year floodplain north of the constriction weir until the storm water modeling analysis
being done as part of the General Plan 2025 process is complete.
2. BACKGROUND:
In response to the requests filed by Councilmembers Healy and Canevaro, under the City
Council's Rules, Policies & Procedures, and, separately, by Councilmember Torliatt, the City
Attorney drafted two distinct interim ordinances under California Government Code Section
65858 for Council consideration as an urgency item for the City Council meeting of March 20.
The intent of both ordinances is to halt certain kinds of construction or development in the area
of the 100 -year flood plain, as designated by the 1989 Flood Insurance Rate Maps, in areas
"upstream of the constriction weir" while the City continues to analyze the impacts of flooding
in this area by means of the XP-SWMM surface water model and address those findings, as
directed by the Council and community, through the General Plan and General Plan EIR. As
mentioned previously, the model is currently being re -calibrated to incorporate all of the data
from the December 30-31 flood.
Following Council discussion on March 20, action on the two interim ordinances was continued
to the City Council meeting of April 3, 2006 in order to allow staff the opportunity to address
specific exceptions that may be permitted under either of the interim ordinances. The principal
differences between the two ordinances are now as follows:
Scone:
Version 1 (Healy):
No application for the issuance of permits for the construction of a building or structure
located on a parcel or any part of a parcel in the City ofPetahana located in the floodplain as
depicted in the 1989 FEMA FIRM 100 Year Floodplain Map and upstream of the of the
constriction weir of the Project ("Moratorittnz Area') shall be approved during the nzoratorizon
period.
Version 2 (Torliatt):
No application for entitlenzents, including, but not limited to, building pernzits, general
plan amendments, zoning approvals, approvals under the Subdivision Map Act or the City's
subdivision ordinance, or design review approvals (e.g., SPARC approvals) far uses located on a
parcel or any part of a parcel in the City ofPetalmna located in the floodplain as depicted in the
1989 FEMA FIRM 100 Year Floodplain Map and upstream of the of the constriction weir of the
Project (Moratorium Area) shall be approved during the nzoratorizan period.
ExceDtiOnS:
Version 1 (Healy):
This ordinance shall not apply to the following:
1. Tenant iniprovenzents and/or any other construction, repair or maintenance work
on a building or structure existing as of the effective date of this ordinance; provided that, such
work does not result in any increase in the square footage of the existing footprint of the
structure, or in a different or more intensive use of the structure.
2. Development projects that are subject to Cit)r Council approval, and that have
been approved by the City Council prior to the effective date of this ordinance, and that are not
subject to farther approval of the City Council, whether or not such projects are subject to
fiarther approval by subordinate City bodies or officials.
3. Modifications ofprojects approved by the City Council in accordance with
provision D(2), above, provided that; such modifications do not result in any increase in the
square footage of the existing footprint of the project.
Version 2 (Torliatt):
This ordinance shall not apply to the following:
1. Tenant improvements and/or any other construction, repair or maintenance work
on a building or structure existing as of the effective date of this ordinance; provided that, such
work does not result in any increase in the square footage of the existing footprint of the
structure, or in a different or more intensive use of the structure.
2. Public improvements that are not buildings or structures (e.g., traffic
improvements).
Another important effect of the proposed moratorium is the impact on the City's ability to
process new discretionary development applications for properties both inside and out of the area
covered by the interim ordinances. Even though the ordinances would prohibit approving certain
types of building permits and/or entitlements (as specified above in the two respective versions),
because of the circumstances that have lead to the adoption of either of the interim ordinances
(the facts that are set forth in the recitals of the ordinance), those same facts have to be
considered when evaluating projects for completeness and for compliance with CEQA. In other
words, the same reasons for adopting a moratorium on the issuance of certain building permits or
the approval of certain entitlements could result in the inability to process new discretionary
development applications for projects in the moratorium area, and possibly some applications for
projects outside the moratorium area, because the City does not have adequate information on
which to determine whether the project can comply with existing floodplain development
policies or with applicable provisions of CEQA. Therefore, the impact of either moratorium
could be significantly broader than originally intended.
The following is a list of current major development projects that would be affected by the
adoption of Version 1 (Healy) of the interim ordinance:
101 Casino: they are proposing to demolish the existing building and construct a new building.
Their application is currently incomplete and not ready to process.
Petaluma City School District Bus Facility: Regency has purchased a vacant property on
North McDowell, north of Corona Road to relocate the existing bus facility at the intersection of
Lindberg Lane and Kenilworth Drive as part of the East Washington Place project. The project
has SPARC approval.
Meadowview Industrial Building: this is a proposal for a new 33,600 square foot commercial
office condominium with adjacent parking on a vacant property on Industrial Avenue. Their
application is currently incomplete and not ready to process.
The following is a list of current major projects that would be affected by the adoption of
Version 2 (Torliatt) of the interim ordinance:
101 Casino: they are proposing to demolish the existing building and construct a new building.
Their application is currently incomplete and not ready to process.
Petaluma City School District Bus Facility: Regency has purchased a vacant property on
North McDowell, north of Corona Road to relocate the existing bus facility at the intersection of
Lindberg Lane and Kenilworth Drive as part of the East Washington Place project. The project
has SPARC approval.
Meadowview Industrial Building: this is a proposal for a new 33,600 square foot commercial
office condominium with adjacent parking on a vacant property on Industrial Avenue. Their
application is currently incomplete and not ready to process.
Petaluma Village Marketplace (Chelsea) proposed expansion: They still need Council approval
of their PCD amendment which would allow development on parcel "B" and the proposed
development agreement that would transfer ownership of parcel "C" to the City.
Redwood Technology Center: they still need SPARC approval for some outstanding site design
issues and building permits for the proposed office buildings.
Clover Stornetta: they have purchased the former Adobe Lumber site and have a pending
application to annex the property and use the existing office/warehouse building for their
warehouse and distribution center. Their application is currently incomplete and not ready to
process.
Sid Commons (Johnson Property): They have an application to develop a portion of their
property and it has been determined that an EIR is necessary. The Johnson's have not provided
the funds to proceed with the EIR, so there has been no further processing of their application.
3. ALTERNATIVES:
A) Version 1 (Healy) of the Interim Ordinance;
B) Version 2 (Torliatt) of the Interim Ordinance
C) Continue to allow development in the floodplain under current policies
D) Council -identified alternative
4. FINANCIAL IMPACTS:
There may be a loss of permit fee revenue to the General Fund depending on the duration of the
moratorium.
CONCLUSION:
Not Applicable
6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR
COMPLETION:
Not Applicable
7. RECOMMENDATION:
The City Council may adopt one of the two attached interim ordinances as an urgency measure,
provided that 4/5ths of the City Council members vote in the affirmative. Should the Council fail
to adopt one of the two attached ordinances as an urgency measure, the Council should provide
direction to staff on a preferred alternative course of action.
0
WHEREAS, the Federal Emergency Management Agency ("FEMA") issued in
1989 a Flood Insurance Rate Map ("FIRM") depicting a 100 Year Flood Plain in the City
of Petaluma ("City"); and
WHEREAS, "100 Year Flood Plain," as that term is used by the FEMA National
Flood Insurance Program, refers to the area subject to flooding with a 1 percent chance
of occurrence each year; and
WHEREAS, on December 31, 2005, a number of Sonoma County cities, and
communities, including the City, experienced flooding events; and
WHEREAS, the estimated total cost of public and private damage due to
flooding in Petaluma on December 31, 2005 has been estimated at approximately $55
million, as reflected in initial damages estimates submitted to the Sonoma County
Office of Emergency Services; and
WHEREAS, flooding such as occurred in the City on December 31, 2005
threatens the safety of residents and their real and personal property, commercial
property and inventory, continued operation of businesses, economic development,
employment of City workers, the availability of goods and services, tax revenue and
other public and private revenue generation and the City economy generally, public
facilities, infrastructure and services, including emergency services, safe transportation,
and other critical and necessary aspects of life and work in the City necessary to its
continued health, vitality and growth; and
WHEREAS, Article XI, Section 5 of the California Constitution provides that it
shall be competent in any city charter to provide that the city governed there under may
make and enforce all ordinances and regulation in respect to municipal affairs subject
only to restrictions and limitations provided in their several charters and in respect to
other matters they shall be subject to the general laws; and
WHEREAS, Section 54 of Article VIII of the Petaluma Charter provides that the
City, by and through its council and other officials shall have and may exercise all
1
T
ORDINANCE NO.
z
LLI
AN URGENCY ORDINANCE
IMPOSING A MORATORIUM
=
ON THE ISSUANCE OF BUILDING PERMITS
Q
FOR NEW DEVELOPMENT
IN THE CITY OF PETALUMA
IN THE 100 YEAR FLOODPLAIN DEPICTED IN THE
Q
1989 FEDERAL EMERGENCY MANAGEMENT AGENCY
FLOOD INSURANCE RATE MAP
AND UPSTREAM OF THE CONSTRICTION WEIR
OFTHE ARMY CORPS OF ENGINEERS FLOOD CONTROL PROJECT
IN THE CITY OF PETALUMA
WHEREAS, the Federal Emergency Management Agency ("FEMA") issued in
1989 a Flood Insurance Rate Map ("FIRM") depicting a 100 Year Flood Plain in the City
of Petaluma ("City"); and
WHEREAS, "100 Year Flood Plain," as that term is used by the FEMA National
Flood Insurance Program, refers to the area subject to flooding with a 1 percent chance
of occurrence each year; and
WHEREAS, on December 31, 2005, a number of Sonoma County cities, and
communities, including the City, experienced flooding events; and
WHEREAS, the estimated total cost of public and private damage due to
flooding in Petaluma on December 31, 2005 has been estimated at approximately $55
million, as reflected in initial damages estimates submitted to the Sonoma County
Office of Emergency Services; and
WHEREAS, flooding such as occurred in the City on December 31, 2005
threatens the safety of residents and their real and personal property, commercial
property and inventory, continued operation of businesses, economic development,
employment of City workers, the availability of goods and services, tax revenue and
other public and private revenue generation and the City economy generally, public
facilities, infrastructure and services, including emergency services, safe transportation,
and other critical and necessary aspects of life and work in the City necessary to its
continued health, vitality and growth; and
WHEREAS, Article XI, Section 5 of the California Constitution provides that it
shall be competent in any city charter to provide that the city governed there under may
make and enforce all ordinances and regulation in respect to municipal affairs subject
only to restrictions and limitations provided in their several charters and in respect to
other matters they shall be subject to the general laws; and
WHEREAS, Section 54 of Article VIII of the Petaluma Charter provides that the
City, by and through its council and other officials shall have and may exercise all
1
powers necessary or appropriate to the municipal corporation and the general welfare
of its inhabitants, which are not prohibited by the constitution and which it would be
competent for the charter to set forth particularly or specifically, and the specification of
any particular powers shall not be held to be exclusive or any limitation on the general
grant of powers; and
WHEREAS, California Government Code Section 65858, subdivision (a)
provides: that city legislative bodies may, to protect public safety, health and welfare,
adopt as an urgency measure an interim ordinance prohibiting any uses that may be in
conflict with a contemplated general plan, specific plan, or zoning proposal that the
legislative body is considering or studying or intends to study within a reasonable time;
that adoption of such urgency measures requires a four-fifths vote of the legislative
body; that such measures shall be of no effect 45 days from the date of adoption, and
may be extended a maximum of two times and have a maximum total duration of 2
years; and
WHEREAS, California Government Code Section 65858, subdivision (c)
provides: that legislative bodies may not adopt or extend such interim ordinances
unless they contain findings that there is a current and immediate threat to the public
health, safety, or welfare, and that the approval of additional entitlements would result
in that threat to the public health, safety or welfare; and
WHERAS, in accordance with California Government Code Section 65858,
subdivision (c), which provides that such interim ordinances that have the effect of
denying approvals needed for the development of projects with a significant component
of multifamily housing (as defined in California Government Code Section 65858,
subdivisions (g) and (h)) may not be extended except upon written findings adopted by
the legislative body as specified in the subdivision, the City Council hereby finds that;
although a portion of the Moratorium Area established in this ordinance includes
properties on which a significant component of multi -family housing could be built in
accordance with the 1987-2005 Petaluma General Plan; nonetheless, based on the
location of proposed multi -family development on such properties and the present
status of the related development application, the moratorium established pursuant to
this ordinance will not have the effect of denying approvals needed for the development
of projects with a significant component of multi -family housing; and that, therefore, the
findings specified in Section 65858, subdivision (c), need not be made; and
WHEREAS, pursuant to Section 15001 of the California Environmental Quality
Act (CEQA) Guidelines, this ordinance is exempt from CEQA based on the following:
(1) This ordinance is not a project within the meaning of Section 15378 of the
State CEQA Guidelines, because it has no potential for resulting in physical change in
the environment, directly or ultimately.
(2) This ordinance is categorically exempt from CEQA under Section 15308
of the CEQA Guidelines as a regulatory action taken by the City pursuant to its police
power and in accordance with Government Code Section 65858 to assure maintenance
and protection of the environment pending the evaluation and adoption of contemplated
local legislation, regulation and policies.
(3) This ordinance is not subject to CEQA under the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. For the reasons set forth in subparagraphs (1) and (2), above, it can be
seen with certainty that there is no possibility that this ordinance will have a significant
effect on the environment.
NOW THEREFORE, the City Council of the City of Petaluma does ordain as
follows:
Section 1. Recitals Made Findinas. The above recitals are hereby declared to be
true and correct and findings of the City Council of the City of Petaluma.
Section 2. Moratorium Imposed. A moratorium is hereby imposed on certain
specified development in the City of Petaluma in the 1989 FEMA FIRM 100 Year
Floodplain in accordance with the City's powers under Article XI, Section 5 of the
California Constitution, Article VII, Section 54, of the City Charter, and California
Government Code Section 65858, as follows:
A. Scope
No application for the issuance of permits for the construction of a building or
structure located on a parcel or any part of a parcel in the City of Petaluma located in
the floodplain as depicted in the 1989 FEMA FIRM 100 Year Floodplain Map and
upstream of the of the constriction weir of the Project ("Moratorium Area") shall be
approved during the moratorium period.
B. Statutory Findinas and Puroose.
This ordinance is declared to be an interim ordinance as defined under California
Government Code section 65858. This ordinance is deemed necessary for the following
reasons:
1. The purpose of this Ordinance is to protect the public safety,
health, and welfare from a current and immediate threat posed by the issuance of
development entitlements that could result in development in the Moratorium Area that
may result in negative safety and economic impacts on or of such proposed new
development on other or existing development.
2. New development projects have been and/or may be proposed for
construction in the Moratorium Area, and unless a moratorium is imposed on the
issuance of permits for the design and/or construction of buildings or structures located
in the Moratorium Area, development in the Moratorium Area may result in negative
safety and economic impacts on or of such proposed new development on other or
3
existing development, thus increasing the potential damage to the public health, safety,
welfare of Petalumans from events such as the flooding event of December 31, 2005.
3. It is, therefore, necessary to impose a moratorium on issuance of
permits for the construction of a buildings or structures located in the Moratorium Area
to provide time to evaluate and adopt legislation, guidelines and/or policies as required
to avert negative safety and economic impacts on or of such proposed new
development on other or existing development.
C. Aoolicability.
This ordinance shall apply to all applications for the issuance of permits for the
construction of any building or structure located in the Moratorium Area that have not
received final approval as of the effective date of this ordinance.
D. Exceptions.
This ordinance shall not apply to the following:
1. Tenant improvements and/or any other construction, repair or
maintenance work on a building or structure existing as of the effective date of this
ordinance; provided that, such work does not result in any increase in the square
footage of the existing footprint of the structure, or in a different or more intensive use
of the structure.
2. Development projects that are subject to City Council approval, and
that have been approved by the City Council prior to the effective date of this
ordinance, and that are not subject to further approval of the City Council, whether or
not such projects are subject to further approval by subordinate City bodies or officials.
3. Modifications of projects approved by the City Council in
accordance with provision D(2), above, provided that; such modifications do not result
in any increase in the square footage of the existing footprint of the project.
Section 3. Severabilitv.
If any provision of the ordinance or the application thereof to any person or
circumstance is held invalid, the remainder of the ordinance, including the application of
such part or provision to other persons or circumstances shall not be affected thereby
and shall continue in full force and effect. To this end, provisions of this ordinance are
severable. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of
the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Section 4. Effective Date and Duration
3
10
This Ordinance shall become effective immediately upon passage and adoption
if passed and adopted by at least four-fifths vote of the City Council and shall be in
effect for 45 days there from unless extended by the City in accordance with
Government Code Section 65858.
810926_4
5
ORDINANCE NO.
AN URGENCY ORDINANCE
IMPOSING A MORATORIUM
ON THE ISSUANCE OF BUILDING PERMITS
FOR NEW DEVELOPMENT
IN THE CITY OF PETALUMA
IN THE 100 YEAR FLOODPLAIN DEPICTED IN THE
1989 FEDERAL EMERGENCY MANAGEMENT AGENCY
FLOOD INSURANCE RATE MAP
AND UPSTREAM OF THE CONSTRICTION WEIR
OFTHE ARMY CORPS OF ENGINEERS FLOOD CONTROL PROJECT
IN THE CITY OF PETALUMA
WHEREAS, the Federal Emergency Management Agency ("FEMA") issued in
1989 a Flood Insurance Rate Map ("FIRM") depicting a 100 Year Flood Plain in the City
of Petaluma ("City"); and
WHEREAS, "100 Year Flood Plain," as that term is used by the FEMA National
Flood Insurance Program, refers to the area subject to flooding with a 1 percent chance
of occurrence each year; and
WHEREAS, on December 31, 2005, a number of Sonoma County cities, and
communities, including the City, experienced flooding events; and
WHEREAS, the estimated total cost of public and private damage due to
flooding in Petaluma on December 31, 2005 has been estimated at approximately $55
million, as reflected in initial damages estimates submitted to the Sonoma County
Office of Emergency Services; and
WHEREAS, flooding such as occurred in the City on December 31, 2005
threatens the safety of residents and their real and personal property, commercial
property and inventory, continued operation of businesses, economic development,
employment of City workers, the availability of goods and services, tax revenue and
other public and private revenue generation and the City economy generally, public
facilities, infrastructure and services, including emergency services, safe transportation,
and other critical and necessary aspects of life and work in the City necessary to its
continued health, vitality and growth; and
WHEREAS, Article XI, Section 5 of the California Constitution provides that it
shall be competent in any city charter to provide that the city governed there under may
make and enforce all ordinances and regulation in respect to municipal affairs subject
only to restrictions and limitations provided in their several charters and in respect to
other matters they shall be subject to the general laws; and
WHEREAS, Section 54 of Article VIII of the Petaluma Charter provides that the
City, by and through its council and other officials shall have and may exercise all
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powers necessary or appropriate to the municipal corporation and the general welfare
of its inhabitants, which are not prohibited by the constitution and which it would be
competent for the charter to set forth particularly or specifically, and the specification of
any particular powers shall not be held to be exclusive or any limitation on the general
grant of powers; and
WHEREAS, California Government Code Section 65858, subdivision (a)
provides: that city legislative bodies may, to protect public safety, health and welfare,
adopt as an urgency measure an interim ordinance prohibiting any uses that may be in
conflict with a contemplated general plan, specific plan, or zoning proposal that the
legislative body is considering or studying or intends to study within a reasonable time;
that adoption of such urgency measures requires a four-fifths vote of the legislative
body; that such measures shall be of no effect 45 days from the date of adoption, and
may be extended a maximum of two times and have a maximum total duration of 2
years; and
WHEREAS, California Government Code Section 65858, subdivision (c)
provides: that legislative bodies may not adopt or extend such interim ordinances
unless they contain findings that there is a current and immediate threat to the public
health, safety, or welfare, and that the approval of additional entitlements would result
in that threat to the public health, safety or welfare; and
WHERAS, in accordance with California Government Code Section 65858,
subdivision (c), hw ich provides that such interim ordinances that have the effect of --I Deleted: further
- - ------ _--------------------------------------- -------------
denying approvals needed for the development of projects with a significant component
of multifamily housing (as defined in California Government Code Section 65858,
subdivisions (g) and (h)) may not be extended except upon written findings adopted by
the legislative bodv as specified In the subdivision, the City Council herebv finds that
--- Deleted: supported by substantial
althouah a oortion of the Moratorium Area established in this ordinance includes
evidence on the record, mat:Q
orooerties on which a sionificant comoonent of multi -family housing could be built in
). he continued development of
accordance with the 1987-2005 Petaluma General Plan: nonetheless. based on the
multifamily housing projects would
location of or000sed multi -family development on such orooerties and the oresent
have a significant, quantifiable, direct,
and unavoidable impact on the public
status of the related development aoolication, the moratorium established pursuant to
health or safety, based an objective,
this ordinance will not have the effect of denvina aoorovals needed for the develooment
Identified written public health or
safety standards, policies or
of oroiects with a sionificant component of multi-familv housina: and that. therefore, the
conditions as they existed on the date
findinas specified in Section 65858. subdivision (c). need not be made; and
the ordinance is adopted by the
legislative body,¶
WHEREAS, pursuant to Section 15001 of the California Environmental Quality
Act (CEQA) Guidelines, this ordinance is exempt from CEQA based on the following:
(1) This ordinance is not a project within the meaning of Section 15378 of the
State CEQA Guidelines, because it has no potential for resulting in physical change in
the environment, directly or ultimately.
(2) This ordinance is categorically exempt from CEQA under Section 15308
of the CEQA Guidelines as a regulatory action taken by the City pursuant to its police
power and in accordance with Government Code Section 65858 to assure maintenance
9
(2). the interim ordinance is
necessary to mitigate oravold such
Impact; and¶
4
(3) . there is no feasible alternative to
satisfactorily mitigate or avoid such
Impact as well or better, with a less
burdensome or restrictive effect, than
the adoption of the proposed Interim
ordinance
13
and protection of the environment pending the evaluation and adoption of contemplated
local legislation, regulation and policies.
(3) This ordinance is not subject to CEQA under the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. For the reasons set forth in subparagraphs (1) and (2), above, it can be
seen with certainty that there is no possibility that this ordinance will have a significant
effect on the environment.
NOW THEREFORE, the City Council of the City of Petaluma does ordain as
follows:
Section 1. Recitals Made Findinas. The above recitals are hereby declared to be
true and correct and findings of the City Council of the City of Petaluma.
Section 2. Moratorium Imposed. A moratorium is hereby imposed on certain
specified development in the City of Petaluma in the 1989 FEMA FIRM 100 Year
Floodplain in accordance with the City's powers under Article XI, Section 5 of the
California Constitution, Article VII, Section 54, of the City Charter, and California
Government Code Section 65858, as follows:
A. Scope
No application for the issuance of permits for the construction of a building or
structure located on a parcel or any part of a, parcel, in the Citv of Petaluma located -in -------- I Deleted: of which is
the floodplain as depicted in the 1989 FEMA FIRM 100 Year Floodplain Map and
upstream of the of the constriction weir of the Project ("Moratorium Area") shall be
approved during the moratorium period.
B. Statutory Findinas and Pumose.
This ordinance is declared to be an interim ordinance as defined under California
Government Code section 65858. This ordinance is deemed necessary for the following
reasons:
1. The purpose of this Ordinance is to protect the public safety,
health, and welfare from a current and immediate threat posed by the issuance of
development entitlements that could result in development in the Moratorium Area that
may result in negative safety and economic impacts on or of such proposed new
development on other or existing development.
2. New development projects have been and/or may be proposed for
construction in the Moratorium Area, and unless a moratorium is imposed on the
issuance of permits for the design and/or construction of buildings or structures located
in the Moratorium Area, development in the Moratorium Area may result in negative
safety and economic impacts on or of such proposed new development on other or
14—
existing development, thus increasing the potential damage to the public health, safety,
welfare of Petalumans from events such as the flooding event of December 31, 2005.
3. It is, therefore, necessary to impose a moratorium on issuance of
permits for the construction -of -a buildings or structures located -in the Moratorium Area -"i Deleted: design and/or
----------
to provide time to evaluate and adopt legislation, guidelines and/or policies as required
to avert negative safety and economic impacts on or of such proposed new
development on other or existing development.
C. Applicability.
This ordinance shall apply to all applications for the issuance of permits for the
construction of any building" or structure located in the Moratorium Area that have not i Deleted: design and/or
-1 ---- - ...----------------- -----------
received final approval as of the effective date of this ordinance.
D. Exceptions.
This ordinance shall not aooly to the following:
1. Tenant improvements and/or anv other construction. repair or
--" Deleted: In accordance with
maintenance work on a buildino or structure existina as of the effective date of this
California Government Code Sec ion
ordinance: Drovided that. such work does not result in anv increase in the sauare
65958(c), this ordinance shall not
apply to development projects with
footace of the existing footorint of the structure, or in a different or more intensive use
signlricant component of multifamily
of the structure.
housing as defined in California
Government Code Section 65958,
subdivisions (g) and (h).
2. DevelODment Drolects that are subiect to City Council aooroval, and
that have been aDDroved by the Citv Council prior to the effective date of this
ordinance, and that are not subiect to further aooroval of the Citv Council. whether or
not such oroiects are subiect to further aooroval by subordinate Citv bodies or officials.
3. Modifications of croiects aDDroved by the Citv Council in
accordance with Drovision DO. above. provided that: such modifications do not result
in anv increase in the square footage of the existino footprint of the Droiect_ -.---i Deleted:
Section 3. Severability.
If any provision of the ordinance or the application thereof to any person or
circumstance is held invalid, the remainder of the ordinance, including the application of
such part or provision to other persons or circumstances shall not be affected thereby
and shall continue in full force and effect. To this end, provisions of this ordinance are
severable. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of
the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Section 4. Effective Date and Duration
15'
This Ordinance shall become effective immediately upon passage and adoption
if passed and adopted by at least four-fifths vote of the City Council and shall be in
effect for 45 days there from unless extended by the City in accordance with
Government Code Section 65858.
010020_4
I&
ORDINANCE NO.
AN URGENCY ORDINANCE
IMPOSING A MORATORIUM
ON THE ISSUANCE OF ENTITLEMENTS FOR USES
IN THE CITY OF PETALUMA
IN THE 100 YEAR FLOODPLAIN DEPICTED IN THE
1989 FEDERAL EMERGENCY MANAGEMENT AGENCY
FLOOD INSURANCE RATE MAP
AND UPSTREAM OF THE CONSTRICTION WEIR
OFTHE ARMY CORPS OF ENGINEERS FLOOD CONTROL PROJECT
IN THE CITY OF PETALUMA
WHEREAS, the Federal Emergency Management Agency ("FEMA") issued in
1989 a Flood Insurance Rate Map ("FIRM") depicting a 100 Year Flood Plain in the City
of Petaluma ("City"); and
WHEREAS, 100 Year Flood Plain," as that term is used by the FEMA National
Flood Insurance Program, refers to the area subject to flooding with a 1 percent chance
of occurrence each year; and
WHEREAS, on December 31, 2005, a number of Sonoma County cities, and
communities, including the City, experienced flooding events; and
WHEREAS, the estimated total cost of public and private damage due to
flooding in Petaluma on December 31, 2005 has been estimated at approximately $55
million, as reflected in initial damages estimates submitted to the Sonoma County
Office of Emergency Services; and
WHEREAS, flooding such as occurred in the City on December 31, 2005
threatens the safety of residents and their real and personal property, commercial
property and inventory, continued operation of businesses, economic development,
employment of City workers, the availability of goods and services, tax revenue and
other public and private revenue generation and the City economy generally, public
facilities, infrastructure and services, including emergency services, safe transportation,
and other critical and necessary aspects of life and work in the City necessary to its
continued health, vitality and growth; and
WHEREAS, Article XI, Section 5 of the California Constitution provides that it
shall be competent in any city charter to provide that the city governed there under may
make and enforce all ordinances and regulation in respect to municipal affairs subject
only to restrictions and limitations provided in their several charters and in respect to
other matters they shall be subject to the general laws; and
WHEREAS, Section 54 of Article VIII of the Petaluma Charter provides that the
City, by and through its council and other officials shall have and may exercise all
powers necessary or appropriate to the municipal corporation and the general welfare
N
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of its inhabitants, which are not prohibited by the constitution and which it would be
competent for the charter to set forth particularly or specifically, and the specification of
any particular powers shall not be held to be exclusive or any limitation on the general
grant of powers; and
WHEREAS, California Government Code Section 65858, subdivision (a)
provides: that city legislative bodies may, to protect public safety, health and welfare,
adopt as an urgency measure an interim ordinance prohibiting any uses that may be in
conflict with a contemplated general plan, specific plan, or zoning proposal that the
legislative body is considering or studying or intends to study within a reasonable time;
that adoption of such urgency measures requires a four-fifths vote of the legislative
body; that such measures shall be of no effect 45 days from the date of adoption, and
may be extended a maximum of two times and have a maximum total duration of 2
years; and
WHEREAS, California Government Code Section 65858, subdivision (c)
provides: that legislative bodies may not adopt or extend such interim ordinances
unless they contain findings that there is a current and immediate threat to the public
health, safety, or welfare, and that the approval of additional entitlements would result
in that threat to the public health, safety or welfare; and
WHERAS, in accordance with California Government Code Section 65858,
subdivision (c) which provides that such interim ordinances that have the effect of
denying approvals needed for the development of projects with a significant component
of multifamily housing (as defined in California Government Code Section 65858,
subdivisions (g) and (h)) may not be extended except upon written findings as specified
in the subdivision, the City Council hereby finds that; although a portion of the
Moratorium Area established in this ordinance includes properties on which a significant
component of multi -family housing could be built in accordance with the 1987-2005
Petaluma General Plan; nonetheless, based on the location of proposed multi -family
development on such properties and the present status of the related development
application, the moratorium established pursuant to this ordinance will not have the
effect of denying approvals needed for the development of projects with a significant
component of multi -family housing; and that, therefore, the findings specified in Section
65858, subdivision (c), need not be made; and
WHEREAS, pursuant to Section 15001 of the California Environmental Quality
Act (CEQA) Guidelines, this ordinance is exempt from CEQA based on the following:
(1) This ordinance is not a project within the meaning of Section 15378 of the
State CEQA Guidelines, because it has no potential for resulting in physical change in
the environment, directly or ultimately.
(2) This ordinance is categorically exempt from CEQA under Section 15308
of the CEQA Guidelines as a regulatory action taken by the City pursuant to its police
power and in accordance with Government Code Section 65858 to assure maintenance
and protection of the environment pending the evaluation and adoption of contemplated
2
local legislation, regulation and policies.
(3) This ordinance is not subject to CEQA under the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. For the reasons set forth in subparagraphs (1) and (2), above, it can be
seen with certainty that there is no possibility that this ordinance will have a significant
effect on the environment.
NOW THEREFORE, the City Council of the City of Petaluma does ordain as
follows:
Section 1. Recitals Made Findinas. The above recitals are hereby declared to be
true and correct and findings of the City Council of the City of Petaluma.
Section 2. Moratorium Imoosed. A moratorium is hereby imposed on certain
specified development in the City of Petaluma in the 1989 FEMA FIRM 100 Year
Floodplain in accordance with the City's powers under Article XI, Section 5 of the
California Constitution, Article VII, Section 54, of the City Charter, and California
Government Code Section 65858, as follows:
A. Scope
No application for entitlements, including, but not limited to, building permits,
general plan amendments, zoning approvals, approvals under the Subdivision Map Act
or the City's subdivision ordinance, or design review approvals (e.g., SPARC approvals)
for uses located on a parcel or any part of a parcel in the City of Petaluma located in
the floodplain as depicted in the 1989 FEMA FIRM 100 Year Floodplain Map and
upstream of the of the constriction weir of the Project ("Moratorium Area") shall be
approved during the moratorium period.
B. Statutory Findinas and Purpose.
This ordinance is declared to be an interim ordinance as defined under California
Government Code section 65858. This ordinance is deemed necessary for the following
reasons:
1. The purpose of this Ordinance is to protect the public safety,
health, and welfare from a current and immediate threat posed by the issuance of
development entitlements that could result in development in the Moratorium Area that
may result in negative safety and economic impacts on or of such proposed new
development on other or existing development.
2. New development projects have been and/or may be proposed for
construction in the Moratorium Area, and unless a moratorium is imposed on the
issuance of permits for the design and/or construction of buildings or structures located
in the Moratorium Area, development in the Moratorium Area may result in negative
3
safety and economic impacts on or of such proposed new development on other or
existing development, thus increasing the potential damage to the public health, safety,
welfare of Petalumans from events such as the flooding event of December 31, 2005.
3. It is, therefore, necessary to impose a moratorium on issuance of
permits for the design and/or construction of a buildings or structures located in the
Moratorium Area to provide time to evaluate and adopt legislation, guidelines and/or
policies as required to avert negative safety and economic impacts on or of such
proposed new development on other or existing development.
C. Aoolicabilitv.
This ordinance shall apply to all applications for the issuance of permits for the
design and/or construction of any building or structure located in the Moratorium Area
that have not received final approval as of the effective date of this ordinance.
D. Exceations.
This ordinance shall not apply to the following:
1. Tenant improvements and/or any other construction, repair or
maintenance work on a building or structure existing as of the effective date of this
ordinance; provided that, such work does not result in any increase in the square
footage of the existing footprint of the structure, or in a different or more intensive use
of the structure.
2. Public improvements that are not buildings or structures (e.g.,
traffic improvements).
Section 3. Severabilitv.
If any provision of the ordinance or the application thereof to any person or
circumstance is held invalid, the remainder of the ordinance, including the application of
such part or provision to other persons or circumstances shall not be affected thereby
and shall continue in full force and effect. To this end, provisions of this ordinance are
severable. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of
the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Section 4. Effective Date and Duration
This Ordinance shall become effective immediately upon passage and adoption
if passed and adopted by at least four-fifths vote of the City Council and shall be in
effect for 45 days there from unless extended by the City in accordance with
Government Code Section 65858.
0
ORDINANCE NO.
AN URGENCY ORDINANCE
IMPOSING A MORATORIUM
ON THE ISSUANCE OF ENTITLEMENTS FOR USES
IN THE CITY OF PETALUMA
IN THE 100 YEAR FLOODPLAIN DEPICTED IN THE
1989 FEDERAL EMERGENCY MANAGEMENT AGENCY
FLOOD INSURANCE RATE MAP
AND UPSTREAM OF THE CONSTRICTION WEIR
OFTHE ARMY CORPS OF ENGINEERS FLOOD CONTROL PROJECT
IN THE CITY OF PETALUMA
WHEREAS, the Federal Emergency Management Agency ("FEMA") issued in
1989 a Flood Insurance Rate Map ("FIRM") depicting a 100 Year Flood Plain in the City
of Petaluma ("City"); and
WHEREAS, 100 Year Flood Plain," as that term is used by the FEMA National
Flood Insurance Program, refers to the area subject to flooding with a 1 percent chance
of occurrence each year; and
WHEREAS, on December 31, 2005, a number of Sonoma County cities, and
communities, including the City, experienced flooding events; and
WHEREAS, the estimated total cost of public and private damage due to
flooding in Petaluma on December 31, 2005 has been estimated at approximately $55
million, as reflected in initial damages estimates submitted to the Sonoma County
Office of Emergency Services; and
WHEREAS, flooding such as occurred in the City on December 31, 2005
threatens the safety of residents and their real and personal property, commercial
property and inventory, continued operation of businesses, economic development,
employment of City workers, the availability of goods and services, tax revenue and
other public and private revenue generation and the City economy generally, public
facilities, infrastructure and services, including emergency services, safe transportation,
and other critical and necessary aspects of life and work in the City necessary to its
continued health, vitality and growth; and
WHEREAS, Article XI, Section 5 of the California Constitution provides that it
shall be competent in any city charter to provide that the city governed there under may
make and enforce all ordinances and regulation in respect to municipal affairs subject
only to restrictions and limitations provided in their several charters and in respect to
other matters they shall be subject to the general laws; and
WHEREAS, Section 54 of Article VIII of the Petaluma Charter provides that the
City, by and through its council and other officials shall have and may exercise all
powers necessary or appropriate to the municipal corporation and the general welfare
Z
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of its inhabitants, which are not prohibited by the constitution and which it would be
competent for the charter to set forth particularly or specifically, and the specification of
any particular powers shall not be held to be exclusive or any limitation on the general
grant of powers; and
WHEREAS, California Government Code Section 65658, subdivision (a)
provides: that city legislative bodies may, to protect public safety, health and welfare,
adopt as an urgency measure an interim ordinance prohibiting any uses that may be in
conflict with a contemplated general plan, specific plan, or zoning proposal that the
legislative body is considering or studying or intends to study within a reasonable time;
that adoption of such urgency measures requires a four-fifths vote of the legislative
body; that such measures shall be of no effect 45 days from the date of adoption, and
may be extended a maximum of two times and have a maximum total duration of 2
years; and
WHEREAS, California Government Code Section 65858, subdivision (c)
provides: that legislative bodies may not adopt or extend such interim ordinances
unless they contain findings that there is a current and immediate threat to the public
health, safety, or welfare, and that the approval of additional entitlements would result
in that threat to the public health, safety or welfare; and
W HERAS, in accordance with California Government Code Section 65858,
subdivision (c)&hich provides that such interim ordinances that have the effect of -----I Deleted: further
w
denying approvals needed for the development of projects i t h a significant component
of multifamily housing (as defined in California Govemment Code Section 65858,
subdivisions (g) and (h)) may not be extended except upon written findings as specified
in the subdivision, the Citv Council herebv finds that: althouah a portion of the
Moratorium Area established in this ordinance includes orooerties on which a sianificant
component of multi-familv housing could be built in accordance with the 1987-2005
Petaluma General Plan: nonetheless. based on the location of or000sed multi-familv
develooment on such orooerties and the present status of the related develooment
application. the moratorium established pursuant to this ordinance will not have the Deleted: adopted by the legislative
effect of denvina aporovals needed for the development of oroiects with a sianificant body, coon theted b cord, that:%
evidence on the record, tarda
component of multi -family housina: and that. therefore. the findinas specified in Section %
65858. subdivision (c). need not be made; and (1). the continued development of
_._-.--_._..------.. _..._-_..._ multifamily housing projects would
WHEREAS, pursuant to Section 15001 of the California Environmental Quality
Act (CEQA) Guidelines, this ordinance is exempt from CEQA based on the following:
(1) This ordinance is not a project within the meaning of Section 15378 of the
State CEQA Guidelines, because it has no potential for resulting in physical change in
the environment, directly or ultimately.
(2) This ordinance is categorically exempt from CEQA under Section 15308
of the CEQA Guidelines as a regulatory action taken by the City pursuant to its police
power and in accordance with Government Code Section 65858 to assure maintenance
and protection of the environment pending the evaluation and adoption of contemplated
have a significant, quantifiable, direct,
and unavoidable Impact on the public
health or safety, based an objective,
Identified written public health or
safety standards, policies or
conditions as they existed an the date
the ordinance is adopted by the
legislative body,%
1
(2). the Interim ordinance is
necessary to mitigate or avoid such
Impact and¶
4
(3) there is no feasible alternative to
satisfactorily mitigate or avoid such
Impact as well or better, with a less
burdensome or mstdcfive effect, than
the adaption of the proposed Interim
ordinance
local legislation, regulation and policies.
(3) This ordinance is not subject to CEQA under the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. For the reasons set forth in subparagraphs (1) and (2), above, it can be
seen with certainty that there is no possibility that this ordinance will have a significant
effect on the environment.
NOW THEREFORE, the City Council of the City of Petaluma does ordain as
follows:
Section 1. Recitals Made Findinas. The above recitals are hereby declared to be
true and correct and findings of the City Council of the City of Petaluma.
Section 2. Moratorium Imoosed. A moratorium is hereby imposed on certain
specified development in the City of Petaluma in the 1989 FEMA FIRM 100 Year
Floodplain in accordance with the City's powers under Article XI, Section 5 of the
California Constitution, Article VII, Section 54, of the City Charter, and California
Government Code Section 65858, as follows:
A. Scope
No application for entitlements, including, but not limited to, building permits,
general plan amendments, zoning approvals, approvals under the Subdivision Map Act
or the City's subdivision ordinance, or design review approvals (e.g., SPARC approvals)
for uses located on a parcelrg_an�part,of.a parcel in the Citv of Petalyrra Jocated in __ s -.- -{ Deleted: any
the floodplain as depicted in the 1989 FEMA FIRM 100 Year Floodplain Map andDeleted: which
upstream of the of the constriction weir of the Project ("Moratorium Area") shall be ( Deleted: is
approved during the moratorium period.
B. Statutory Findinas and Pumose.
This ordinance is declared to be an interim ordinance as defined under California
Government Code section 65858. This ordinance is deemed necessary for the following
reasons:
1. The purpose of this Ordinance is to protect the public safety,
health, and welfare from a current and immediate threat posed by the issuance of
development entitlements that could result in development in the Moratorium Area that
may result in negative safety and economic impacts on or of such proposed new
development on other or existing development.
2. New development projects have been and/or may be proposed for
construction in the Moratorium Area, and unless a moratorium is imposed on the
issuance of permits for the design and/or construction of buildings or structures located
in the Moratorium Area, development in the Moratorium Area may result in negative
A
safety and economic impacts on or of such proposed new development on other or
existing development, thus increasing the potential damage to the public health, safety,
welfare of Petalumans from events such as the flooding event of December 31, 2005.
3. It is, therefore, necessary to impose a moratorium on issuance of
permits for the design and/or construction of a buildings or structures located in the
Moratorium Area to provide time to evaluate and adopt legislation, guidelines and/or
policies as required to avert negative safety and economic impacts on or of such
proposed new development on other or existing development.
C. Applicability.
This ordinance shall apply to all applications for the issuance of permits for the
design and/or construction of any building or structure located in the Moratorium Area
that have not received final approval as of the effective date of this ordinance.
D. Exceptions.
This ordinance shall not aooly to the followina:
1. Tenant improvements and/or anv other construction. repair or
maintenance work on a buildina or structure existina as of the effective date of this
ordinance: provided that. such work does not result in anv increase in the square
footage of the existina footprint of the structure. or in a different or more intensive use
of the structure.
2. Public im0rovements that are not buildinas or structures (e.a..
traffic Improvements)
Section 3. Severability.
If any provision of the ordinance or the application thereof to any person or
circumstance is held invalid, the remainder of the ordinance, including the application of
such part or provision to other persons or circumstances shall not be affected thereby
and shall continue in full force and effect. To this end, provisions of this ordinance are
severable. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of
the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Section 4. Effective Date and Duration
This Ordinance shall become effective immediately upon passage and adoption
if passed and adopted by at least four-fifths vote of the City Council and shall be in
effect for 45 days there from unless extended by the City in accordance with
Government Code Section 65858.
Formatted: Indent: Left: 0.5"
Deleted: In accordance with
California Government Cade Section
85858(c), this ordinance shall not
apply to development projects with a
significant component of multifamily
housing as defined In California
Government Code Section 85858,
subdivisions (g) and (h).
194