HomeMy WebLinkAboutOrdinance 2765 N.C.S. 03/01/2021 Ordinance No. 2765 N.C.S. Page 1
EFFECTIVE DATE
OF ORDINANCE
March 31, 2021
ORDINANCE NO. 2765 N.C.S.
Introduced by: Mike Healy Seconded by: Kevin McDonnell
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA AMENDING THE
TEXT OF THE SMARTCODE TO MODIFY SECTION 3 (BUILDING FUNCTION
STANDARDS) AND SECTION 9 (GLOSSARY)
WHEREAS, the City of Petaluma has initiated a Zoning Text Amendment in response to the
Moratorium on Approval of Applications for New Gas Station Uses enacted under Ordinance Nos. 2681,
2688 and 2724; and
WHEREAS, with regard to Government Code Section 65858(d), this ordinance describes is a measure
to alleviate the condition which led to the adoption of the moratorium; and
WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance, Ordinance No.
2300 N.C.S. (IZO) provides in pertinent part that no amendment that regulates matters listed in Government
Section 65850, which matters include the use and construction of buildings and structures, shall be made to
the Implementing Zoning Ordinance (“IZO”) unless the Planning Commission and City Council find the
amendments to be in conformity with the City’s General Plan and consistent with the public necessity,
convenience, and general welfare in accordance with Section 25.050(B) of the IZO; and
WHEREAS, in accordance with Sections 25.010 and 25.050(B) of the IZO, the proposed amendments
to the SmartCode as set forth below in this ordinance are in general conformity with the City’s General Plan
in accordance with the following:
• As amended, General Plan Policy 4-P-10 states, “Prohibit new fossil fuel gas stations and
transition existing stations to serve Zero Emission Vehicles,” and the IZO amendments pursuant
to this ordinance prohibiting new fossil fuel gas stations and establishing non-conforming use
regulations directly implements this policy; and
• General Plan Policy 4-P-8 states, “Support, where feasible, the development of alternative fuel
stations,” and the SmartCode amendments pursuant to this ordinance facilitating the use of Zero
Emission Vehicles support this policy by providing clear regulations for the rapid deployment of
transportation technologies without adverse environmental and human health effects endemic to
fossil fuels and internal combustion engines; and
WHEREAS, in accordance with Section 25.050(B) of the IZO, the SmartCode amendments pursuant
to this ordinance are consistent with the public necessity, convenience, and welfare, in accordance with
the following:
• Pursuant to Resolution No. 2019-055 Declaring a Climate Emergency the City Council has, among
other things, directed giving “precedence to climate mitigation and adaptation when evaluating
policies” and committed to reduce citywide greenhouse gas emission, “to carbon neutrality as
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quickly as possible and no later than 2045 - the goal set by Governor Brown’s Executive Order B-
55-188,” and to accelerate climate adaptation and resilience strategies; and
• More recently, on January 11, 2021, the City Council adopted Resolution No. 2021-007 N.C.S.
adopting a Climate Emergency Framework which underscores the need for urgent action and
accelerated the City’s carbon neutrality goal to 2030. The amendments to the IZO pursuant to this
ordinance prohibiting of fossil fuel gas stations and regulations regarding potential future changes
to such uses constitute a public necessity and promote the general welfare by preventing the future
expansion of a fuel type resulting in greenhouse emissions from the transportation sector) and, in
doing so, support the Council’s goal of carbon neutrality; and
• The prohibition of fossil fuel gas stations prevents future sources of environmental pollution
through, for example, the transmission of fossil fuels into the soil, groundwater and surface waters,
and prevents future sources of air pollution harmful to public health; and
• The provisions of this ordinance facilitating the use of Zero Emission Vehicles support the use of
transportation technologies without adverse environmental effects from greenhouse gas emissions,
and soil, water and air pollution; and
WHEREAS, the Zoning Text Amendments would codify a prohibition on new, not already approved
gas stations, include new uses of Zero Emission Vehicles (Battery Charging Station and Zero Emission
Vehicles (Hydrogen Fuel Cell Station), and modify definitions; and
WHEREAS, on January 26, 2021 the Planning Commission held a duly noticed public hearing in
accordance with Section 25.050 of the IZO to consider the SmartCode amendments and reviewed the
environmental analysis prepared for the project in accordance with the California Environmental Quality
Act (CEQA); and
WHEREAS, on January 26, 2021 and after all interested parties had the opportunity to be heard, the
Planning Commission adopted Resolution No. 2021-02 recommending approval of the amendments without
modification, in accordance with IZO Section 25.050; and
WHEREAS, on February 12, 2021, public notice of the February 22, 2021 City Council meeting to
consider the amendments 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
WHEREAS, on February 22, 2021, the City Council reviewed the environmental analysis prepared for
the project in accordance with the 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, this ordinance 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 this ordinance will have a significant effect on the environment in that this
ordinance prevents environmental impacts resulting from new gas station uses; and
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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 this ordinance constitutes a CEQA project, it is nonetheless exempt
from CEQA review in accordance with Section 15301 of the CEQA Guidelines because this ordinance
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 this ordinance constitutes a CEQA project, it is also exempt from CEQA review in
accordance with Section 15303 of the CEQA Guidelines because this ordinance 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 this ordinance constitutes a CEQA project, it is also exempt from CEQA review in
accordance with Section 15304 because this ordinance 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 this ordinance constitutes a CEQA project, it is also exempt from CEQA review in
accordance with Sections 15307 and 15308 this ordinance 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; and
WHEREAS, on February 22, 2021, the City Council of the City of Petaluma held a duly noticed public
hearing to consider the text amendments.
NOW THEREFORE BE IT ORDAINED by the City Council of the City of Petaluma as follows:
Section 1. Recitals Made Findings. The above recitals are hereby declared to be true and correct and
are incorporated into this ordinance as findings of the City Council.
Section 2. California Environmental Quality Act. This ordinance complies with the requirements
of the California Environmental Quality Act (CEQA) in accordance with the following:
A. Actions Relating to Gas Station Prohibition
This ordinance prohibiting new, not-already-approved gas station uses is not a project within the
meaning of CEQA Guidelines Section 15378, because this ordinance has no potential for resulting
in physical change in the environment, directly or ultimately. This ordinance prevents changes to
the environment related to new, not-already-approved gas station use applications. Moreover, this
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ordinance is, pursuant to CEQA Guidelines 15061(b)(3), 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. This ordinance will prohibit new, not-already-approved gas stations uses and,
in turn, prevent physical changes to the environment, and therefore it can be seen with certainty
that there is no possibility that this ordinance will have a significant effect on the environment.
B. Actions Relating to New, Non-Conformity Regulations for Gas Stations
This ordinance applies to sixteen already-developed properties and one new gas station use to be
developed and which has already separately demonstrated compliance with CEQA. This ordinance
prohibits the enlargement, extension, reconstruction or relocation of gas station uses and defines
four specific categories of permitted modifications, as follows: (1) those to improve soil,
groundwater and stormwater quality; (2) those necessary to improve traffic safety; (3) those to
enable battery charging stations for Zero Emission Vehicles; and (4) those to install facilities for
the storage, conveyance and dispensing of hydrogen to zero emission vehicles. The latter two
categories of modifications (i.e., battery charging stations, hydrogen) are addressed separately
below.
The new non-conformity regulations in this ordinance for gas station uses and that prohibit
enlargement, extension, reconstruction or relocation of gas station uses are categorically exempt
from CEQA under CEQA Guidelines Section 15301 which applies to the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing public or private
structures, facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of existing or former use.
The new non-conformity regulations in this ordinance for gas stations uses that allow
modifications to improve soil, groundwater and stormwater quality and traffic safety, are
categorically exempt from CEQA in accordance with the following:
• CEQA Guidelines Section 15301 which applies to the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of existing or former use.
• CEQA Guidelines Section 15303 which applies to the construction and location of limited
numbers of new, small facilities or structures; installation of small new equipment and
facilities in small structures; and the conversion of existing small structures from one use to
another where only minor modifications are made in the exterior of the structure.
• CEQA Guidelines Section 15304 which applies to minor public or private alterations in the
condition of land, water, and/or vegetation (e.g., new gardening or landscaping, including the
replacement of existing conventional landscaping with water efficient or fire resistant
landscaping, minor trenching and backfilling where the surface is restored).
• CEQA Guidelines Section 15308 which applies to actions taken by regulatory agencies, as
authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or
protection of the environment where the regulatory process involves procedures for protection
of the environment.
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C. Actions Relating to Land Use - Zero Emission Vehicles (Battery Charging Station)
The provisions of this ordinance pertaining to battery charging standards for Zero Emission
Vehicles are not a project within the meaning of CEQA Guidelines Section 15378, because,
pursuant to Government Code Section 65850.7, all permit requests for such charging stations shall
be administratively reviewed through a building permit or similar nondiscretionary permit.
Therefore, because ZEV charging station projects are not subject to discretionary review, the
provisions of this ordinance pertaining to standards for ZEV charging standards are not a “project”
within the meaning of CEQA.
D. Actions Relating to Land Use - Zero Emission Vehicles (Hydrogen Fuel Cell Station)
This ordinance would allow for hydrogen fuel stations at existing gas stations. As described, there
are sixteen already-developed gas stations and one new gas station to be developed and which has
already separately demonstrated compliance with CEQA. Presently, there are no retail hydrogen
stations in the City of Petaluma.
Using the “Hydrogen Station Permitting Guidebook, California Governor’s Office of Business
and Economic Development (GO-Biz), September 2020” as a basis to determine reasonably
foreseeable changes to the environment that may result from the installation of retail hydrogen
stations at existing Gas Stations, and in particular, Pages 13 to 18, and Pages 49 to 53 of the
Guidebook, it is anticipated that hydrogen will be integrated into an existing gas stations with
minor physical changes to sites that are already substantially disturbed, paved and/or with existing
structures.
Pumps are anticipated to be integrated alongside existing ones used for gasoline dispensing or
along an existing vehicular path of travel. Minor trenching is anticipated to install pipes that
convey hydrogen to each pump. Lastly, hydrogen fuel would be stored aboveground within a
concrete masonry enclosure similar those commonly used to enclose trash and recycling
receptacles. Once installed, the retail operation of hydrogen pumps provides drivers with a similar
experience to gasoline or diesel with respect to fueling, dispenser operation, fill time, and
payments.
Therefore, the provisions of this ordinance pertaining to hydrogen fuel cell station standards for
Zero Emission Vehicles are categorically exempt from CEQA in accordance with the following:
• CEQA Guidelines Section 15301, which applies to the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of existing or former use.
• CEQA Guidelines Section 15303, which applies to the construction and location of limited
numbers of new, small facilities or structures; installation of small new equipment and
facilities in small structures; and the conversion of existing small structures from one use to
another where only minor modifications are made in the exterior of the structure.
• CEQA Guidelines Section 15304, which applies to minor public or private alterations in the
condition of land, water, and/or vegetation (e.g., new gardening or landscaping, including the
replacement of existing conventional landscaping with water efficient or fire resistant
landscaping, minor trenching and backfilling where the surface is restored).
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Section 3. Zoning Text Amendments. The following amendments to the SmartCode are hereby
adopted in accordance with the findings pursuant to Sections 25.010 and 25.050 of the City’s IZO that are
contained in this ordinance:
A. Section 3 (Building Function Standards), Section 3.10.030 (Permit Requirements for Allowable
Uses) shall be revised as follows:
a) For the Gas Station land use, the table shall indicate “-“; meaning the use is not allowed in any
zoning district.
b) For every zoning district, a new land use of Zero Emission Vehicles (Battery Charging Station)
shall be identified as “P,” meaning the use is permitted in every zoning district, and with a new
footnote of “5” stating, “Pursuant to Government Code Section 65850.7, this Smart Code
requires no permit for stations.”
c) For the T5 and D4 zoning districts, a new land use of Zero Emission Vehicles (Hydrogen Fuel
Cell Station) shall be identified as “CUP” meaning the use is permitted in those zones, and
with a new footnote of “6” stating, “Allowed with CUP when located on site of an existing
Gas Station land use.”
B. Section 9 (Glossary), Section 9.10.020 (Definitions of Specialized Terms and Phrases) shall be
revised as follows (strikethrough = deletion; underline = addition):
a) “Electric Vehicle Supply Equipment. The hardware, including connectors, fixtures, devices,
and other components required to charge an electric vehicle.”
b) “Gas Station. A retail business selling gasoline or other motor vehicle fuels, and related
products, derived from fossil fuels (e.g., petroleum, coal, natural gas). A gas station may also
include a convenience store, vehicle services, restaurant facilities, and /or trailer rental where
authorized by the Conditional Use Permit for the gas station.”
c) “Zero Emission Vehicle. A zero emission vehicle is any type of vehicle that has no tailpipe
emissions. Vehicles run on electric motors and are powered by electricity delivered from
batteries or hydrogen and fuel cells. In contrast to conventional internal combustion vehicles,
zero emission vehicles prevent air pollution, lower greenhouse gas emissions, and help
integrate renewable energy into the transportation sector. There are two kinds of zero emission
vehicles: plug-in electric vehicles and hydrogen fuel cell electric vehicles.”
d) “Zero Emission Vehicles (Battery Charging Station). An accessory use consisting of one or
more electric vehicle charging spaces served by an electric vehicle charger or other charging
equipment. This includes any level of electric vehicle supply equipment station that is designed
and built in compliance with Article 625 of the California Electrical Code and delivers
electricity from a source outside an electric vehicle into a plug-in electric vehicle.”
e) “Zero Emission Vehicles (Hydrogen Fuel Cell Station). One or more hydrogen fuel cell filling
spaces served by equipment that stores, conveys, and dispenses hydrogen to zero emission
vehicles.”
Section 4. 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.
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Section 5. Effective Date. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 6. Publication. The City Clerk is hereby directed to publish or post this Ordinance or a
synopsis for the period and in the manner provided by the City Charter and any other applicable law.
INTRODUCED and ordered posted/published the 22nd day of February 2021.
ADOPTED this 1st day of March 2021 by the following vote:
Ayes: Mayor Barrett, Vice Mayor Barnacle, Fischer, Healy, King, McDonnell, Pocekay
Noes: None
Abstain: None
Absent: None
Teresa Barrett, Mayor
ATTEST: APPROVED AS TO FORM:
Kendall Rose, CMC, City Clerk Eric Danly, City Attorney
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