HomeMy WebLinkAboutResolution 2021-024 N.C.S. 2/22/2021 Resolution No. 2021-024 N.C.S. Page 1
Resolution No. 2021-024 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING AN
AMENDMENT TO POLICY 4-P-10 OF THE CITY OF PETALUMA GENERAL PLAN 2025
WHEREAS, Government Code Section 65358 allows General Plan amendments when it is deemed in the
public interest to do so; and
WHEREAS, the City of Petaluma has initiated a General Plan Amendment in response to the Moratorium
on Approval of Applications for New Gas Station Uses (“Moratorium”) enacted under Ordinance Nos. 2681,
2688 and 2724 and Government Code Section 65858; and
WHEREAS, with regard to Government Code Section 65858(d), this resolution would enact a measure to
alleviate the condition which led to the adoption of the Moratorium; and
WHEREAS, transportation remains the largest contributor of greenhouse gas and criteria pollutant emissions
in California, combating greenhouse gas emissions to improve environmental and human health requires a
massive transition from internal combustion engines to Zero Emission Vehicles; and
WHEREAS, an inventory of current and approved gas stations/fueling stations within the City of Petaluma’s
incorporated limits shows sixteen (16) existing stations and one (1) approved but not yet built station, and based
on this inventory, there are multiple stations located within a 5-minute drive (2.1 miles at 25 miles per hour) of
every existing Petaluma residence, as well as all areas planned for residential development by the 2025 General
Plan but that are not yet constructed, and accordingly, there are adequate gas stations/fueling stations in Petaluma
to serve existing and planned residents dependent upon internal combustion engines; and
WHEREAS, prohibiting new gas stations serves the public interest by preventing new sources of pollution
that adversely impact environmental and human health; and
WHEREAS, on January 26, 2021 the Petaluma Planning Commission held a duly noticed public hearing to
consider a General Plan amendment that would prohibit new or expanded gas station uses in the City, and, prior
to acting to recommend the Amendment for adoption to the City Council, the Planning Commission reviewed
and considered the environmental analysis prepared for regarding the proposed amendment in accordance with
the California Environmental Quality Act (“CEQA”); and
WHEREAS, following the January 26, 2021 public hearing, the Planning Commission adopted a
recommendation that the City Council enact a General Plan amendment (“Amendment”) would revise Petaluma
General Plan 2025 Policy 4-P-10, as follows:
Require electric vehicle charging and alternative fuel facilities at all new and remodeled gas stations.
Prohibit new fossil fuel gas stations and transition existing stations to serve Zero Emission Vehicles; and
WHEREAS, on February 12, 2021, public notice of the February 22, 2021 City Council meeting to consider
the Amendment as recommended by the Planning Commission was published in the Argus Courier and mailed
to all property owners of existing and approved gas stations in compliance with state and local law, and routed to
appropriate agencies listed under Government Code Section 65352; and
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WHEREAS, on February 22, 2021 the City Council held a duly noticed public hearing to consider the
Amendment, at which time they considered the Planning Commission’s recommendation, and all interested
parties had the opportunity to be heard; and
WHEREAS, on February 22, 2021, the City Council reviewed the environmental analysis prepared
concerning the Amendment in accordance with the California Environmental Quality Act (CEQA), and received
and considered all written and oral public comments on environmental effects of the Amendment which were
submitted up to and at the time of the public hearing; and
WHEREAS, in accordance with CEQA, the proposed Amendment is not a project subject to CEQA review
in accordance with Sections 15378 and 1501(b)(3) of the CEQA Guidelines because it has no potential for
resulting in physical change in the environment, directly or ultimately, and it can be seen with certainty that there
is no possibility that the proposed Amendment will have a significant effect on the environment in that the
Amendment prevents environmental impacts resulting from new gas station uses; and
WHEREAS, for purposes of Section 65850.7 of the Government Code, enacted pursuant to AB-1236 in
October, 2015, applications to install electric vehicle charging stations are generally ministerial projects exempt
from CEQA review in accordance with Section 21080 of the Public Resources Code, because AB-1236 requires
cities to administratively approve applications to install electric vehicle charging stations through issuance of a
building permit or similar non-discretionary permit, absent substantial evidence in the record that a proposed
installation would have a specific, adverse impact upon public health or safety, and that there is no feasible method
to satisfactorily mitigate or avoid the adverse impact; and
WHEREAS, in the alternative, if the proposed Amendment constitutes a CEQA project, the Amendment is
nonetheless exempt from CEQA review in accordance with Section 15301 of the CEQA Guidelines because the
Amendment will permit minor alteration of existing private structures and mechanical equipment at existing and
approved gas and fueling stations to accommodate fueling of zero emission vehicles and involve negligible or no
expansion of existing uses; and
WHEREAS, if the proposed Amendment constitutes a CEQA project, the Amendment is also exempt from
CEQA review in accordance with Section 15303 of the CEQA Guidelines because the Amendment will permit
construction and location of limited numbers of new, small facilities or structures, the installation of small new
equipment and facilities in small structures, and the conversion of existing small structures to accommodate
fueling of zero emission vehicles where only minor modifications are made in the exterior of the structure; and
WHEREAS, if the proposed Amendment constitutes a CEQA project, the Amendment is also exempt from
CEQA review in accordance with Section 15304 because the Amendment will permit minor public or private
alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature,
scenic trees, including minor trenching and backfilling where the surface is restored to accommodate fueling of
zero emission vehicles; and
WHEREAS, if the proposed Amendment constitutes a CEQA project, the Amendment is also exempt from
CEQA review in accordance with Sections 15307 and 15308 because the Amendment constitutes action taken by
regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or
enhancement of a natural resource and protection of the environment where the regulatory process involves
procedures for protection of the environment by accommodating fueling of zero emission vehicles.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Petaluma as follows:
1. The above recitals are hereby declared to be true and correct and are incorporated into the resolution as
findings of the Petaluma City Council.
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2. The proposed Amendment is not a project subject to CEQA review in accordance with Sections 15378 and
1501(b)(3) of the CEQA Guidelines because it has no potential for resulting in physical change in the
environment, directly or ultimately, and it can be seen with certainty that there is no possibility that the
proposed Amendment will have a significant effect on the environment in that the Amendment prevents
environmental impacts resulting from new gas station uses.
3. For purposes of Section 65850.7 of the Government Code, enacted pursuant to AB-1236 in October, 2015,
applications to install electric vehicle charging stations are generally ministerial projects exempt from CEQA
review in accordance with Section 21080 of the Public Resources Code, because AB-1236 requires cities to
administratively approve applications to install electric vehicle charging stations through issuance of a
building permit or similar non-discretionary permit, absent substantial evidence in the record that a proposed
installation would have a specific, adverse impact upon public health or safety, and that there is no feasible
method to satisfactorily mitigate or avoid the adverse impact.
4. If the proposed Amendment constitutes a CEQA project, the Amendment is nonetheless exempt from CEQA
review in accordance with Section 15301 of the CEQA Guidelines because the Amendment will permit minor
alteration of existing private structures and mechanical equipment at existing and approved gas and fueling
stations to accommodate fueling of zero emission vehicles and involve negligible or no expansion of existing
uses.
5. If the proposed Amendment constitutes a CEQA project, the Amendment is also exempt from CEQA review
in accordance with Section 15303 of the CEQA Guidelines because the Amendment will permit construction
and location of limited numbers of new, small facilities or structures, the installation of small new equipment
and facilities in small structures, and the conversion of existing small structures to accommodate fueling of
zero emission vehicles where only minor modifications are made in the exterior of the structure.
6. If the proposed Amendment constitutes a CEQA project, the Amendment is also exempt from CEQA review
in accordance with Section 15304 because the Amendment will permit minor public or private alterations in
the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees,
including minor trenching and backfilling where the surface is restored to accommodate fueling of zero
emission vehicles.
7. If the proposed Amendment constitutes a CEQA project, the Amendment is also exempt from CEQA review
in accordance with Sections 15307 and 15308 because the Amendment constitutes action taken by regulatory
agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement
of a natural resource and protection of the environment where the regulatory process involves procedures for
protection of the environment by accommodating fueling of zero emission vehicles.
8. The City of Petaluma General Plan 2025 is hereby Amended to revise Policy 4-P-10 to read as follows:
Prohibit new fossil fuel gas stations and transition existing stations to serve Zero Emission Vehicles.
9. The City’s Planning Manager and City Clerk are hereby authorized and directed to incorporate the amendment
to Policy 4-P-10 of the General Plan 2025 into the General Plan document and to publish the amended General
Plan on the City website upon this resolution taking effect.
10. If any section, subsection, sentence, clause, phrase or work of this resolution is for any reason held to be
unconstitutional, unlawful, or otherwise invalid by a court of competent jurisdiction or preempted by State
legislation, such decision or legislation shall not affect the validity of the remaining portions of this resolution.
The City Council of the City of Petaluma hereby declares that it would have passed and adopted this resolution
and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared
unconstitutional, unlawful, or otherwise invalid.
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11. As a legislative act, this resolution shall become effective 30 days after the date of its adoption by the Petaluma
City Council, in accordance with the ruling in Midway Orchards v County of Butte (1990) 220 CA3d 765,
781.
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
Council of the City of Petaluma at a Regular meeting on the 22nd day of February
2021, by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: Mayor Barrett; Vice Mayor Barnacle; Fischer; Healy; McDonnell; Pocekay
NOES: None
ABSENT: King
ABSTAIN: None
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
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