HomeMy WebLinkAboutResolution 2019-084 N.C.S. 06/03/2019Resolution No. 2019-084 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA ISSUING
A WRITTEN REPORT DESCRIBING THE MEASURES TAKEN TO ALLEVIATE
THE CONDITIONS WHICH LED TO THE ADOPTION OF URGENCY ORDINANCE
2681 WHICH IMPOSED A MORATORIUM ON THE APPROVAL OF
APPLICATIONS FOR NEW GAS STATION USES IN THE CITY OF PETALUMA
THAT ARE NOT COMPLETE AS OF THE EFFECTIVE DATE OF THE
ORDINANCE PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 65858 AND OTHER APPLICABLE LAW
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 thereunder may make and enforce
all ordinances and regulations 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 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 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 to two times and have a maximum total
duration of two 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
Resolution No. 2019-084 N.C.S. Page 1
approval of additional entitlements would result in that threat to public health, safety, or welfare;
and
WHEREAS, on May 6, 2019 the City Council adopted Urgency Ordinance 2681
imposing a moratorium on new gas station uses that are not complete as of the effective date of
the ordinance; and
WHEREAS, on May 6, 2019 the City Council deemed the adoption of Urgency
Ordinance 2681 necessary to protect the public safety, health, and welfare from the threat posed
by the issuance of land use or development entitlements for new gas station uses that could result
in negative health, safety or other impacts on adjacent or nearby existing uses or neighborhoods
with which new gas station uses may not be compatible, absent adequate local regulation
addressing compatibility of new gas station uses with adjacent or nearby uses or neighborhoods.
WHEREAS, on May 6, 2019 the City Council deemed the adoption of Urgency
Ordinance 2681 necessary to protect the public health, safety, and welfare due to new gas station
uses have been and/or may be proposed for construction in the City, and unless a moratorium is
imposed on the issuance of land use or development entitlements for new gas station uses in the
City, such development may result in negative health, safety or other impacts on adjacent or
nearby existing uses or neighborhoods with which new gas station uses may not be compatible,
absent adequate local regulation addressing compatibility of new gas station uses with adjacent
or nearby existing uses or neighborhoods. This is particularly true regarding City zoning districts
where currently new gas stations are permitted uses (C1, C2, and D4 zones) and approval of
applications for such proposed new uses is subject only to site plan and architectural review,
which review does not take into account such consideration as project emissions and other health
impacts unrelated to aesthetics, siting and internal circulation.
WHEREAS, on May 6, 2019 the City Council deemed the adoption of Urgency
Ordinance 2681 necessary in order to provide time to evaluate and adopt legislation, guidelines
and/or policies as required to address negative health, safety or other impacts of proposed new
gas station uses on, adjacent to or nearby existing uses or neighborhoods.
WHEREAS, consistent with California Government Code Section 65858 the urgency
ordinance is effective for 45 days unless extended by the City in accordance with Government
Code Section 65858; and
Resolution No. 2019-084 N.C.S. Page 2
WHEREAS, on June 3, 2019 the City Council adopted an extension of urgency
ordinance 2681 for a period not to exceed an additional 10 months and 15 days consistent with
noticing requirements outlined in Government Code Section 65090; and
WHEREAS, California Government Code Section 65858, subdivision (d) provides that
ten days prior to the expiration of an interim ordinance or any extension, the legislative body
shall issue a written report describing the measures taken to alleviate the condition which led to
the adoption of the ordinance; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS
FOLLOWS:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. Based on the review of the entire record herein, including the June 3, 2019 City
Council staff report, all supporting, referenced, and incorporated documents, and all
comments received, the City Council issues the written report included at Exhibit 1
describing the measures that the City has taken to alleviate the condition which led to
the initial adoption of Urgency Ordinance 2681.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by theppro ed as to
Council of the City of Petaluma at a Regular meeting on the 31d day of June 2019, 1 form:
by the following vote: ¢
City Attorney
AYES: Mayor Barrett; Fischer; Healy; King; Vice Mayor McDonnell; Miller
NOES:
None
ABSENT:
Kearney
ABSTAIN:
None
ATTEST:
Acting City Clerk
Resolution No. 2019-084 N.C.S. Page 3
Exhibit 1
On April 1, 2019, the City Council denied the appeal brought against the Planning Commission's
approval under the California Environmental Quality Act and the City's Site Plan and Architectural
Review requirements of the Safeway Fuel Station project located at 335 South McDowell Boulevard in
Petaluma.
The Council action upheld the Planning Commission's approval of the project. In response to the
unprecedented community concern about the possible location of new gas station uses near sensitive
receptors like schools and residences, and in view of the recent holding in McCorkle Eastside
Neighborhood Group v. City of St. Helena limiting approving bodies' ability to review projects'
environmental impacts to their authority to mitigate project impacts, the City Council requested that
staff prepare for Council consideration and possible adoption an urgency ordinance pursuant to Section
65858 of the California Government Code that would prohibit the approval of applications for new gas
station uses in the City.
On May 6, 2019 the City Council adopted Ordinance 2681 imposing a moratorium on the approval of
new gas station/fueling station applications that are not already complete as of the effective date of the
ordinance.
The urgency ordinance adopted by the City Council was prepared in compliance with Government Code
Section 65858 and included findings that there is a current and immediate threat to the public health,
safety, or welfare and that adoption of the interim ordinance would protect the public safety, health, or
welfare.
Ordinance 2681 includes findings of public health, safety and welfare risk resulting based on the effect
of the McCorkle decision on the City's ability to conduct full environmental review of applications for
new gas station uses and based on potential applications for new gas station uses near sensitive
receptors.
In addition to approving Urgency Ordinance 2681, the City Council provided general direction at their
meeting on May 6, 2019 to explore potential legislative options to alleviate the condition which led to
the initial concern and adoption of the moratorium. These potential legislative options included:
• Modification to the IZO and/or SmartCode to prohibit new gas stations uses in all zones;
• Modification to the IZO to make new gas station uses subject to a CUP in all zones where they
are currently permitted as of right;
• Modification to the use tables in the IZO and/or the City's zoning map changing the zones in
whichgas stations are permitted;
• Adoption of specific use criteria for new gas station uses (similar to the approach taken for Bed
and Breakfast Inns and Short -Term Vacation Rentals);
• Adoption of specific use criteria for new gas stations uses when in proximity to sensitive
receptors such as residential neighborhoods, schools, parks, etc.;
• Adoption limitations on the size (number of pumps/dispensers or annual fuel throughput) of new
gas station uses; and/or
• Adoption of expanded definitions of gas station uses addressing large gas stations and small gas
stations (number or pumps/dispensers or annual fuel throughput), and identification of the
appropriate entitlement process (e.g., whether a CUP or use criteria should apply) to address
project specific impacts.
To provide adequate time for the City to explore these and other potential options, the City Council
adopted an extension of urgency ordinance 2681 for an additional 10 months and 15 days.
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