HomeMy WebLinkAboutResolution 2020-041 N.C.S. 03/16/2020Resolution No. 2020-041 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 Govermnent 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
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
Resolution No. 2020-041 N.C.S. Page 1
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 newgas stations are permitted uses (Cl, 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
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 in accordance
with Government Code Section 65858;
WHEREAS, on March 16, 2020, the City Council adopted a second extension of
urgency ordinance 2681 for a period not to exceed an additional period of one year in accordance
with Government Code Section 65858 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
Resolution No. 2020-041 N.C.S. Page 2
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 March 16, 2020 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 the Al prgv d as to
Council of the City of Petaluma at a Regular meeting on the 161h day of March z r
2020, by the following vote: f a-
{
City. ttorney
AYES: Mayor Barrett; Vice Mayor Fischer; Healy; Kearney; King; McDonnell; Miller
NOES: None
ABSENT: None
ABSTAIN: None
r.
ATTEST:
*CiCl,rk Mayor
Resolution No. 2020-041 N.C.S. Page 3