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HomeMy WebLinkAboutOrdinance 2772 N.C.S. 04/05/2021 Ordinance No. 2772 N.C.S. Page 1 EFFECTIVE DATE OF ORDINANCE May 19, 2021 ORDINANCE NO. 2772 N.C.S. Introduced by: Mike Healy Seconded by: D’Lynda Fischer AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., SECTIONS 6.070.D AND 6.070.G (GENERAL PROVISIONS) FOR THE PURPOSE OF ESTABLISHING FREEBOARD REQUIREMENTS FOR INSTALLED EQUIPMENT FOR RESIDENTIAL CONSTRUCTION AND MANUFACTURED HOME PARKS WHEREAS, City of Petaluma Implementing Zoning Ordinance (IZO) §25.010 provides in pertinent part that no amendment that regulates matters listed in Government Code § 65850 shall be made to the IZO unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan; and WHEREAS, the proposed amendments are consistent with the public necessity, convenience, and welfare in that they update and clarify existing regulations strengthening flood resiliency, allow the City to maintain its Tier 6 CRS class and associated 20% flood insurance premium reduction for the community, as well as implement the policies of the General Plan; and WHEREAS, pursuant to IZO §25.050, the Planning Commission held a duly noticed public hearing to consider the zoning text amendment on March 23, 2021, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the staff report dated March 21, 2021, including the California Environmental Quality Act (CEQA) determination included therein; and WHEREAS, IZO §25.010 provides for Zoning Text Amendments which in this case has been initiated by the Community Development Director; and WHEREAS, after said public hearing, the Planning Commission adopted its Resolution No. 2021-08, recommending that the City Council adopt the zoning text amendments; and WHEREAS, on March 25, 2021, a public notice of the April 5, 2021 public hearing before the City Council to consider the amendments was published as an eighth page ad in the Argus-Courier in compliance with Government Code §65091; and, WHEREAS, on April 5, 2021, the City Council of the City of Petaluma held a duly noticed public hearing to consider the amendments; and NOW THEREFORE BE IT ORDAINED by the City Council of the City of Petaluma as follows: Section 1. Findings. The City Council of the City of Petaluma hereby finds: 1. The proposed amendments to the Implementing Zoning Ordinance Section 6.070.D are in general conformity with the Petaluma General Plan 2025 in that the amendments implement the policies of the Petaluma General Plan, as described in the March 23, 2021 Planning Commission staff report. DocuSign Envelope ID: 3996DB94-3AF4-4A6B-B5C8-A7BDC5506B4A Ordinance No. 2772 N.C.S. Page 2 2. The proposed amendments are consistent with the public necessity, convenience, and welfare in that they update and clarify existing regulations to strengthen flood resiliency, and allow the City to maintain its Tier 6 CRS class and associated 20% flood insurance premium reduction for the community, as well as implement the policies of the General Plan. 3. The proposed zoning text amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed amendment modifies only the residential construction freeboard requirement for machinery and equipment and therefore will not pose a significant environmental impact. Therefore, it can be seen with certainty the proposed amendment would not cause a direct or indirect significant effect on the environment. Section 2. Section 6.070.D (General Provisions) of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended as follows: 6.070- General Provisions The provisions of this chapter are applicable to all Areas of Special Flood Hazard within the City of Petaluma. D. Residential Construction (except Mobile Home Parks). New construction and substantial improvement/substantial damage of any residential structure permitted in FP-C (Flood Plain-Combining) zones shall have the lowest habitable floor, including basement, and all machinery and equipment including but not limited to electrical, heating, ductwork, ventilation, plumbing, and air conditioning, elevated at least 12 inches above the level of the base flood elevation or depth number specified on the FIRM (Flood Insurance Rate Map), whichever applies to the area, unless otherwise restricted in Section 6.070(D2). Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, to be properly elevated. The datum for this elevation shall be as specified in this article. Such certification or verification shall be provided to the Floodplain Administrator. 1. Manufactured Home Parks. No new manufactured homes shall be placed within floodway areas. Existing manufactured home parks within flood plain areas may be expanded and new manufactured homes parks constructed only when the lowest floor of each manufactured home, and substantially improved/damaged, reconstructed manufactured homes; including all machinery and equipment including but not limited to electrical, heating, ductwork, ventilation, plumbing, and air conditioning, of such park is elevated at least 12 inches above the base flood elevation on reinforced piers or other foundation elements equal in force, unless otherwise restricted in Section 6.070 (D2), and adequate access and drainage are provided. Existing manufactured home parks in floodway areas may not be expanded under any circumstances. All applications for new manufactured home parks/subdivisions, or ten percent or greater physical expansion in the number of manufactured homes existing prior to the adoption of this ordinance, located in a Floodplain, shall include an emergency evacuation plan describing how property and life will be protected in the event of flooding. G. Standards of Construction. In all areas of special flood hazards designated FP-C, the following standards are required: 1. Anchoring. a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. b. All manufactured homes shall meet the anchoring standards of Section 6.070 (F6). 2. Construction Materials and Methods. a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. c. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing DocuSign Envelope ID: 3996DB94-3AF4-4A6B-B5C8-A7BDC5506B4A Ordinance No. 2772 N.C.S. Page 3 and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Reference Section D for minimum freeboard requirements. d. All new construction and substantial improvements within Zones AH, AO, or VO shall provide adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. Section 3. Except as amended herein, the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. remains unchanged and in full force and effect. Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance 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 ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance 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. 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. Posting/Publishing of Notice. 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 other applicable law. INTRODUCED and ordered posted/published the 5th day of April 2021. ADOPTED this 19th day of April 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 DocuSign Envelope ID: 3996DB94-3AF4-4A6B-B5C8-A7BDC5506B4A