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HomeMy WebLinkAbout8AFloodOrdinanceMay 15, 2006 CITY OF PETALUMA, CALIFORNIA AGENDA BILL Agenda Title: Consideration of Extending an Interim Urgency Meeting Date: May 15, 2006 Ordinance Adopted on April 3, 2006 for an Additional Period of 10 Months and 15 Days, Pursuant to Government Code Section 65858, which Prohibits Issuing Building Permits in the 100-year Flood Plain Depicted in Meeting Time: ❑ 3:00 PM the 1989 Federal Emergency Management Agency Flood Insurance Rate ® 7.00 PM Map and Upstream of the Constriction Weir of the Army Corps of Engineers Flood Control Project. Category (check one): ❑ Consent Calendar © Public Hearing ❑ New Business ❑ Unfinished Business ❑ Presentation Department: Director: Contact Person: Phone Number: Community Mike Moore Mike Moore 707-778-4301 Development Cost of Proposal: N/A Account Number: N/A Amount Budgeted: N/A Name of Fund: N/A Attachments to Agenda Packet Item: 1. Ordinance extending Ordinance 2239 for a period of 10 months and 15 days as provided by Goverment Code Section 65858 Summary Statement: On April 3, 2006, the City Council adopted an urgency interim ordinance to prohibit the issuance of building permits, with certain specific exceptions, in the designated 100-year flood plain upstream of the constriction weir of the Army Corps of Engineers flood control project. hI accordance with Government Code Section 65858, an urgency interim ordinance can be adopted and in effect for a period of 45 days. The Council has the option to extend the ordinance, following public notice and hearing, for 10 months and 15 days. If adopted by a 6/7ths vote of the City Council, the attached ordinance would extend the current moratorium on the issuance of building pennits in the 100-year flood plain upstream of the constriction weir of the Anny Corps of Engineers flood control project for 10 months and 15 days. If the Council does not extend the ordinance, it will expire on May 19, 2006 and be of no further force and effect. The attached extension ordinance contains the same prohibitions on the issuance of building permits and the same exceptions as Ordinance 2239 adopted by the City Council on April 3, 2006. Recommended City Council Action/Suggested Motion: The Council may choose to adopt the ordinance extending the current interim ordinance, or it may choose to let the current ordinance expire at the end of the 45-day period. Reviewed by Admin. Svcs. Dir: Reviewed by City Attornev: Approvjedlby Citv Manage 1 Date: D c: (� p� Q9 Date: day's Date: Revision # and Date Revised: File Code: # April 15, 2006 2 ORDINANCE NO. N.C.S. 4 Introduced by Councilmember Seconded by Councilmember 8 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE 9 CITY OF PETALUMA PURSUANT TO GOVERNMENT CODE SECTION 65858 10 EXTENDING FOR A PERIOD OF TEN MONTHS AND FIFTEEN DAYS 11 INTERIM URGENCY ORDINANCE NO. 2239 N.C.S. PROHIBITING THE 12 ISSUANCE OF BUILDING PERMITS IN THE 100-YEAR FLOOD PLAIN 13 DEPICTED IN THE 1989 FEDERAL EMERGENCY MANAGEMENT AGENCY 14 FLOOD INSURANCE RATE MAP AND UPSTREAM OF THE CONSTRICTION 15 WEIR OF THE ARMY CORPS OF ENGINEERS FLOOD CONTROL PROJECT 16 17 WHEREAS, the Federal Emergency Management Agency ("FEMA") issued in 18 1989 a Flood Insurance Rate Map ("FIRM") depicting a 100 Year Flood Plain in the City 19 of Petaluma ("City"); and, 20 21 WHEREAS, "100 Year Flood Plain," as that tenn is used by the FEMA National 22 Flood Insurance Program, refers to the area subject to flooding with a 1percent chance of 23 occurrence each year; and, 24 25 WHEREAS, on December 31, 2005, a number of Sonoma Comity cities, and 26 communities, including the City, experienced flooding events; and, 27 28 WHEREAS, the estimated total cost of public and private damage due to 29 flooding in Petaluma on December 31, 2005 has been estimated at approximately $55 30 million, as reflected in initial dannages estimates submitted to the Sonoma County Office 31 of Emergency Services; and, 32 33 WHEREAS, flooding such as occurred in the City on December 31, 2005 34 threatens the safety of residents and their real and personal property, commercial property 35 and inventory, continued operation of businesses, economic development, employment of 36 City workers, the availability of goods and services, tax revenue and other public and 37 private revenue generation and the City economy generally, public facilities, 38 infrastructure and services, including emergency services, safe transportation, and other Page 1 i critical and necessary aspects of life and work in the City necessary to its continued 2 health, vitality and growth; and, 4 WHEREAS, Article XI, Section 5 of the California Constitution provides that it 5 shall be competent in any city charter to provide that the city governed there under may 6 make and enforce all ordinances and regulation in respect to municipal affairs subject 7 only to restrictions and limitations provided in their several charters and in respect to S other matters they shall be subject to the general laws; and, 9 to WHEREAS, Section 54 of Article VIH of the Petaluma Charter provides that the 11 City, by and through its council and other officials shall have and may exercise all powers 12 necessary or appropriate to the municipal corporation and the general welfare of its 13 inhabitants, which are not prohibited by the constitution and which it would be competent 14 for the charter to set forth particularly or specifically, and the specification of any 15 particular powers shall not be held to be exclusive or any limitation on the general grant 16 of powers; and, 17 Is WHEREAS, California Government Code Section 65858, subdivision (a) 19 provides: that city legislative bodies may, to protect public safety, health and welfare, 20 adopt as an urgency measure an interim ordinance prohibiting any uses that may be in 21 conflict with a contemplated general plan, specific plan, or zoning proposal that the 22 legislative body is considering or studying or intends to study within a reasonable time; 23 that adoption of such urgency measures requires a four -fifths vote of the legislative body; 24 that such measures shall be of no effect 45 days from the date of adoption, and may be 25 extended a maximum of two times and have a maximum total duration of 2 years; and, 26 27 WHEREAS, California Government Code Section 65858, subdivision (c) 28 provides: that legislative bodies may not adopt or extend such interim ordinances unless 29 they contain findings that there is a current and immediate threat to the public health, 30 safety, or welfare, and that the approval of additional entitlements would result in that 31 threat to the public health, safety or welfare; and 32 33 WHEREAS, in accordance with California Govermment Code Section 65858, 34 subdivision (c), which provides that such interim ordinances that have the effect of 35 denying approvals needed for the development of projects with a significant component 36 of multifamily housing (as defined in California Government Code Section 65858, 37 subdivisions (g) and (h)) may not be extended except upon written findings adopted by 38 the legislative body as specified in the subdivision, the City Council hereby finds that; 39 although a portion of the Moratorium Area established in this ordinance includes 40 properties on which a significant component of multi -family housing could be built in 41 accordance with the 1987-2005 Petaluma General Plan; nonetheless, based on the 42 location of proposed multi -family development on such properties and the present status 43 of the related development application, the moratorium established pursuant to this 44 ordinance will not have the effect of denying approvals needed for the development of Page 2 I projects with a significant component of multi -family housing; and that, therefore, the 2 findings specified in Section 65858, subdivision (c), need not be made; and, 4 WHEREAS, pursuant to Section 15001 of the California Environmental Quality 5 Act (CEQA) Guidelines, this ordinance is exempt from CEQA based on the following: 6 7 (1) This ordinance is not a project within the meaning of Section 15378 of the 8 State CEQA Guidelines, because it has no potential for resulting in physical change in the 9 environment, directly or ultimately. 10 11 (2) This ordinance is categorically exempt from CEQA under Section 15308 12 of the CEQA Guidelines as a regulatory action taken by the City pursuant to its police 13 power and in accordance with Government Code Section 65858 to assure maintenance 14 and protection of the environment pending the evaluation and adoption of contemplated 15 local legislation, regulation and policies. 16 17 (3) This ordinance is not subject to CEQA under the general rule that CEQA 18 applies only to projects which have the potential for causing a significant effect on the 19 environment. For the reasons set forth in subparagraphs (1) and (2), above, it can be seen 20 with certainty that there is no possibility that this ordinance will have a significant effect 21 on the environment. 23 24 NOW THEREFORE, the City Council of the City of Petaluma does ordain as 25 follows: 26 27 Section 1. Recitals Made Findings. The above recitals are hereby declared to be true 28 and correct and findings of the City Council of the City of Petaluma. 29 30 Section 2. Moratorium Imposed. A moratorium is hereby imposed on certain 31 specified development in the City of Petaluma in the 1989 FEMA FIRM 100 Year 32 Floodplain in accordance with the City's powers under Article XI, Section 5 of the 33 California Constitution, Article VH, Section 54, of the City Charter, and California 34 Government Code Section 65858, as follows: 35 36 A. Scope 37 38 No application for the issuance of permits for the construction of a building 39 located on any part of a parcel in the City of Petaluma located in the floodplain as 40 depicted in the 1989 FEMA FIRM 100 Year Floodplain Map, as amended by an approved 41 Letter of Map Amendment ("LOMA") or Letters of Map Revision ("LOMR") on file with 42 the City of Petaluma and upstream of the constriction weir of the Corps of Engineers 43 Payran Flood Control Project ("Moratorium Area") shall be approved during the 44 moratorium period. 45 Page 3 1 B. Statutory Findings and Purpose. 3 This ordinance is declared to be an interim ordinance as defined under California 4 Government Code section 65858. This ordinance is deemed necessary for the following 5 reasons: 7 1. The purpose of this Ordinance is to protect the public safety, 8 health, and welfare from a current and immediate threat posed by the issuance of 9 development entitlements that could result in development in the Moratorium Area that to may result in negative safety and economic impacts on or of such proposed new 11 development on other or existing development. 12 13 2. New development projects have been and/or maybe proposed for 14 construction in the Moratorium Area, and unless a moratorium is imposed on the issuance 15 of permits for the construction of buildings located in the Moratorium Area, development 16 in the Moratorium Area may result in negative safety and economic impacts on or of such 17 proposed new development on other or existing development, thus increasing the 18 potential damage to the public health, safety, welfare of Petalunmans from events such as 19 the flooding event of December 31, 2005. 20 21 3. It is, therefore, necessary to impose a moratorium on issuance of 22 pen -nits for the construction of buildings located in the Moratorium Area to provide time 23 to evaluate and adopt legislation, guidelines and/or policies as required to avert negative 24 safety and economic impacts on or of such proposed new development on other or 25 existing development. 26 27 C. Applicability. 28 29 This ordinance shall apply to all applications for the issuance of permits for the 30 constriction of any building located in the Moratorium Area that have not received final 31 approval as of the effective date of this ordinance. 32 33 D. Exceptions. 34 35 This ordinance shall not apply to the following: 36 37 1. Tenant improvements and/or any other construction, repair or 38 maintenance work on a building existing as of the effective date of this ordinance; 39 provided that, such work does not result in any increase in the square footage of the 40 existing footprint of the building. 41 42 2. Development projects that are subject to City Council approval, 43 and that have been approved by the City Council prior to the effective date of this 44 ordinance, and that are not subject to fiirther approval of the City Council, whether or not 45 such projects are subject to further approval by subordinate City bodies or officials. Page 4 2 3. Modifications of projects approved by the City Council in 3 accordance with provision D(2), above, provided that such modifications do not result in 4 any increase in the square footage of the existing footprint of the project. 5 Gi 7 Section 3. This interim urgency zoning ordinance shall by operation of law be of no 8 further force and effect ten months and fifteen days from and after the date of its adoption 9 provided, however, that after notice and public hearing the City Council may, by a six- 10 sevenths vote, extend this interim ordinance for a period of one year. 11 12 Section 4. If any section, subsection, sentence, clause or phrase or word of this 13 ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a 14 court of competent jurisdiction, such decision shall not affect the validity of the 15 remaining portions of this ordinance. The City Council of the City of Petaluma hereby 16 declares that it would have passed and adopted this ordinance and each and all sections, 17 subsections, sentences, clauses, phrases or words thereof irrespective of the fact that any 18 one or more of said sections, subsections, sentences, clauses, phrases or words be 19 declared unconstitutional, unlawful or otherwise invalid. 20 21 Section 5. This ordinance is hereby declared to be an urgency ordinance and shall be 22 in fall force and effect immediately upon its adoption. Within fifteen days after adoption, 23 this ordinance shall be published with the names of the members voting for and against 24 the same at least once in a newspaper of general circulation published in the City of 25 Petaluma. 26 27 Section 6. The City Cleric is hereby further directed to post and publish this ordinance 28 for the period and in the manner required by the City Charter. 29 30 Ordered Posted/Published this day of , 20 31 32 ADOPTED this day of 120 by the following vote: 33 34 AYES: 35 36 NOES: 37 3s ABSENT: Page 5 2 ABSTAIN: s Mayor 7 ATTEST: 10 City Clerk 11 APPROVED AS TO FORM: City Attorney Page 6