HomeMy WebLinkAboutPlanning Commission Resolution 2021-03 01/26/2021 DocuSign Envelope ID:CCC46D75-90E9-4104-9E9F-21 FC1 E5CB651
RESOLUTION 2021 -03
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL
AMEND 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 resolution describes a measure
to alleviate the condition which led to the adoption of the moratorium.
WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance 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 and SmartCode unless the Planning Commission and City Council find the
amendments to be in conformity with the General Plan and consistent with the public necessity,
convenience, and general welfare in accordance with Section 25.050(B) of the IZO; and
WHEREAS, the Zoning Text Amendments described in this resolution modify the City's SmartCode;
and
WHEREAS, the Zoning Text Amendments would codify a prohibition on new Gas Station, 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 14, 2021, public notice of the January 26, 2021 Planning Commission
meeting to consider the Zoning Text 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 January 26, 2021 the Planning Commission held a duly noticed public hearing to
consider the Zoning Text Amendments and reviewed the environmental analysis prepared for the project
in accordance with the California Environmental Quality Act (CEQA).
NOW THEREFORE BE IT RESOLVED by the Planning Commission 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 Planning Commission.
2. Compliance with the California Environmental Quality Act (CEQA) is demonstrated as follows:
Planning Commission Resolution No.2021-03 Page 1
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Actions Relating to Gas Station Prohibition
The Zoning Text Amendments resulting in the prohibition of new Gas Stations is not a project within
the meaning of CEQA Guidelines Section 15378, because it has no potential for resulting in
physical change in the environment, directly or ultimately;it prevents changes in the environment
related to new gas station use applications. Moreover, such amendments are, 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. As the
amendments will prohibit new Gas Stations and, in turn, prevent physical changes to the
environment, it can be seen with certainty that there is no possibility that the amendments on this
topic will have a significant effect on the environment.
Actions Relating to New Non-Conformity Regulations for Gas Stations
These amendments would apply to sixteen already-developed properties and one new Gas
Station to be developed and which has already demonstrated, separately compliance with
CEQA.These amendments prohibit the enlargement, extension, reconstruction or moving of Gas
Station uses and define 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 Zoning Text Amendments resulting in new non-conformity regulations for Gas Stations and
which prohibit their enlargement, extension, reconstruction or relocation are categorically
exempt from CEQA under CEQA Guidelines Section 15301 (Existing Facilities). Section 15301
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 Zoning Text Amendments resulting in new non-conformity regulations for Gas Stations and
allowing modifications to improve soil, groundwater and stormwater quality and traffic safety, are
categorically exempt from CEQA under the following categories:
• CEQA Guidelines Section 15301 (Existing Facilities) 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 (Small Structures) 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 (Minor Alterations to Land) 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 (Actions by Regulatory Agencies for Protection of the
Environment) 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
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environment.
Actions Relating to Land Use - Zero Emission Vehicles (Battery Charging Station)
The Zoning Text Amendments pertaining to battery charging standards for Zero Emission Vehicles
is not a project within the meaning of CEQA Guidelines Section 15378, because, pursuant to
Government Code Section 65850.7 (i.e., AB 1236), all permit requests for such charging stations
shall be administratively reviewed through a building permit or similar non discretionary permit.
Therefore, because ZEV charging station projects are not subject to discretionary review, these
amendments are not a "project" within the meaning of CEQA.
Actions Relating to Land Use -Zero Emission Vehicles (Hydrogen Fuel Cell Station)
The Zoning Text Amendments 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 demonstrated, separately compliance with CEQA. Presently,
there are no retail hydrogen stations in the City of Petaluma.
This analysis uses 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. Based on that Guidebook (namely Pages 13 to 18, and
Pages 49 to 53), 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.
Based on the above, proposed Zoning Text Amendments pertaining to hydrogen fuel cell station
standards for Zero Emission Vehicles are categorically exempt from CEQA under the following
categories:
• CEQA Guidelines Section 15301 (Existing Facilities) 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 (Small Structures) 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 (Minor Alterations to Land) 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).
3. In accordance with Sections 25.010 and 25.050(B) of the City's Implementing Zoning Ordinance,
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Ordinance No. 2300 N.C.S., ("IZO"), the proposed amendments to the IZO as contained in Exhibit
1 are in general conformity with the Petaluma.
As amended, Policy 4-P-10 states, "Prohibit new fossil fuel gas stations and transition existing
stations to serve Zero Emission Vehicles."The amendments effect related to the prohibition of fossil
fuel Gas Stations directly implements this policy and proposed non-conformity regulations
reinforce the policy's prohibition.
General Plan Policy 4-P-8 states, "Support, where feasible, the development of alternative fuel
stations." The amendment components 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.
4. In accordance with Section 25.050(B) of the IZO, the proposed amendments are consistent with
the public necessity, convenience, and welfare.
Pursuant to Resolution No. 2019-055 (Resolution Declaring a Climate Emergency) the City Council
has, among other things, directed the giving of "precedence to climate mitigation and
adaptation when evaluating policies" and sets a commitment reduce citywide greenhouse gas
emission, "to carbon neutrality as 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. More recently, on January 11, 2021, the City Council underscored the need
for urgent action and accelerated the timeline by moving up the carbon neutrality goal to 2030.
The amendments effect related to the prohibition of fossil fuel Gas Stations and regulations on
potential future changes to such uses constitute a public necessity and promotes the general
welfare by preventing the future expansion of a fuel type resulting in the primary form of
greenhouse emissions (i.e., transportation sector) and, in doing so, put in place regulations that
support the goal of carbon neutrality. Moreover, the prohibition serves to prevent future sources
of environmental pollution through, for example, the transmission of fossil fuels into the soil,
groundwater and surface waters, and serves to prevent future sources of air pollution harmful to
public health.At the same time, the amendment components facilitating the use of Zero Emission
Vehicles support the use of transportation technologies without the aforementioned adverse
effects.
5. The following Zoning Text Amendments are hereby recommended to the Petaluma City Council
for consideration and findings in accordance with Sections 25.010 and 25.050 of the City's
Implementing Zoning Ordinance:
a) Section 3 (Building Function Standards), Section 3.10.030 (Permit Requirements for Allowable
Uses) shall be revised as follows:
i. For the Gas Station land use, the table shall indicate "-"; meaning the use is not allowed
in any zoning district.
ii. 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."
iii. For the T5 and D4 zoning districts, a new land use of Zero Emission Vehicles (Hydrogen Fuel
Cell Station) shall be identified as "," meaning the use is permitted in those zones, and with
a new footnote of "6" stating, "Allowed as primary or accessory use when located on site
of an existing Gas Station land use."
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b) Section 9 (Glossary), Section 9.10.020 (Definitions of Specialized Terms and Phrases) shall be
revised as follows (ctrikethreu gh = deletion; underline =addition):
i. "Electric Vehicle Supply Equipment.The hardware,including connectors,fixtures,devices,
and other components required to charge an electric vehicle."
ii. "Gas Station. A retail business selling gasoline or other motor vehicle fuels, and related
products, derived from fossil fuels (e.g., petroleum, coal, natural gash
reRtrl .,here a utherzed by the GE)R JitiGRGII Use Permit fer the r ctrtieR "
iii. "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."
iv. "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."
v. "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."
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ADOPTED this 26th day of January 2021, by the following vote:
Commission Member Aye No Absent Abstain
Councilmember Fischer X
Chair Bauer X
Vice Chair Alonso X
Hooper X
Marzo X
Potter X
Vacant
DocuSigned by:
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ATTEST: APPROVED AS TO FORM:
DocuSigned by: DocuSigned by:
[�frEWWRi39,91WRhmission Secretary EMI MIr`�O orney
Planning Commission Resolution No.2021-03 Page 6