HomeMy WebLinkAboutOrdinance 2141 N.C.S. 12/02/2002-s
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ORDINANCE N0.2141 N.C.S.
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4 Introduced by Council Member Seconded by Council Member
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6 Matt Maguire Mike O'Brien
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s AN INTERIM URGENCY ZONING ORDINANCE OF THE CITY COUNCIL OF
~ THE CITY OF PETALUMA PURSUANT TO GOVERNMENT CODE SECTION
l0 65858 EXTENDING FOR A PERIOD OF TEN MONTHS AND FIFTEEN DAYS
t l INTERIM URGENCY ORDINANCE N0.2138 N.C.S. PROHIBITING USES
12 THAT MAY BE IN CONFLICT WITH A CONTEMPLATED AMENDMENT TO
13 THE ZONING ORDINANCE
14 ("ZERO NET FILL")
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16 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
17 FOLLOWS:
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19 Section 1. Pursuant to the provisions of California Government Code Section
20 65858, the City Council of the City of Petaluma hereby adopts this interim urgency
21 zoning ordinance prohibiting any uses that may be in conflict with the on-going and
22 contemplated amendment to the Petaluma Zoning Ordinance (Ordinance 1072 N.C.S.).
23 Section 2. This ordinance is declared to be an urgency ordinance enacted for
24 preservation of the health, safety and welfare and shall, therefore, go into effect
25 immediately upon its adoption. The basis and justification for the adoption of this
26 ordinance areas follows:
27 Pursuant to Article 16 of the Petaluma Zoning Ordinance, the City of Petaluma
28 has established land use regulations for properties situated in floodways and floodplains
29 as defined by the August 1979 Flood Insurance Rate Maps of the Federal Insurance
30 Administration of the U.S. Department of Housing and Urban Development and has
31 found said regulations to be necessary to, among other purposes, "minimize property
Ordinance No. 2141 N.C.S. Page 1
1 damage from floodwaters and safeguard public health and safety...help maintain a stable
2 tax base by providing for the sound use and development of areas of special flood hazard
3 so as to minimize flood blight areas... [and] insure that those who occupy the areas of
4 special flood hazard assume responsibility for their actions".
5 By Ordinance 1782 N.C.S., the City of Petaluma amended Article 16 of the
6 Petaluma Zoning Ordinance (Ordinance 1072 N.C.S.) to add Section 16.703.2 defining an
7 area of "Zero Net Fill" as "the area along the Petaluma River west of the freeway,
8 upstream of the Payran Street Bridge and including the area east of the freeway and west
9 of Old Redwood Highway (the majority of this area is known generally as Redwood
10 Business Park II). In this area, clearance above base 100-year flood elevation for finished
11 floors shall be a minimum of two feet, and zero net fill shall apply to any proposed
12 development activity".
13 The area of "Zero Net Fill" and the corresponding definition of "No Net Fill" as
14 found in Section 16-300 (Definitions) of Article 16 of the Zoning Ordinance is the result
15 of accepted engineering analysis regarding the potential impacts of displacing flood
16 waters on certain properties located within the floodplain as the result of bringing "fill"
17 (e.g., soil or other related material.) on to a project site in the course of development of
18 said property for the purpose of raising the overall elevation of the property. Since the
19 adoption of Section 16.703.2, the City of Petaluma has experienced a number of flooding
20 events which may have resulted in part due to the displacement. of flood waters by the
21 development of properties in the designated floodplain, but outside of the "Zero Net Fill"
22 area described in Section 16.703.2.
23 By reason of the matters set forth hereinabove, the City Council does hereby find
24 that the potential displacement of flood waters resulting from the development of land in
25 the designated floodplain but outside of the area of "Zero Net Fill" constitutes a current
26 and immediate threat to the public health, safety and welfare and that approval of
27 additional subdivisions, land use permits and other entitlements could result in the
28 approval of development which may be inconsistent with contemplated amendments to
29 Article 16 of the Petaluma Zoning Ordinance (Ordinance 1072 N.C.S.) to expand the area
30 of "Zero Net Fill."
Ordinance No. 2141 N.C.S. Page 2
1 Section 3. Prohibition. With respect to all those properties, or portions thereof
2 within the corporate limits of the City of Petaluma. designated as Flood Plain Combining
3 District. on the most current, adopted Zoning Map and that are in addition to the area of
4 "Zero Net Fill" as described by Section 16.703.2 of the Zoning Ordinance, save and
5 except those properties within the boundaries of the Central Petaluma Specific Plan area,
6 the City shall not: (a) issue building permits, grading permits, encroachment permits or
7 any category of building permits and any other related permits; (b) grant any and all
8 categories of zoning changes, variances, annexations, site plan and architectural review
9 approval; and (c) grant subdivision map approvals for any and categories of subdivision
10 map approvals.
11 Section 4. Exceptions. Notwithstanding .any other provisions of the Petaluma
12 Municipal Code or any other ordinances or regulations of the City of Petaluma to the
13 contrary, no subdivisions, annexations, prezonings, or rezonings, or land use permits,
14 building permits, grading permits, other entitlements for use or environmental documents
15 shall be approved or granted while this ordinance remains in effect. Provided, however,
16 that these restrictions shall not apply to the following:
17 (a) any permit, zoning, subdivision or land use approval, or other related
18 entitlement, approved or issued prior to October 21, 2002, or which has
19 been determined by the City after October 21, 2002 as not being subject
20 to requirements of "No Net Fill" as defined in Section 16-300 of the
21 Zoning Ordinance, including, but not limited to properties with an
22 approved Letter of Map Revision(LOMR) from the Federal Emergency
23 Management Agency.
24 (b) any permit, zoning, subdivision or land use approval, or other related
25 entitlement, approved or issued after October 21, 2002,within the
26 expanded area of "Zero Net Fill" as described in Section 3, above,
27 determined by the City as subject to and meeting the requirements of
28 the definition of "No Net Fill" as found in Section 16-300 of the
29 Zoning Ordinance and, where applicable, "the clearance area above
Ordinance No. 2141 N.C.S. Page 3
1 base 100-year flood elevations for finished floors shall be a minimum
2 of two feet."
3 Section 5. Any permits issued or for which a time extension request was filed
4 prior to the effective date of this ordinance shall remain valid for the originally approved
5 duration plus any additional time that this ordinance remains in full force and effect.
6 Section 6. This ordinance is categorically exempt from CEQA under section
7 15308 of the state CEQA guidelines because it is a regulatory action taken by the City of
8 Petaluma in accordance with Government Code section 65858, to assure maintenance and
9 protection of the environment pending completion of the contemplated new zoning
10 ordinance amendment.
11 Section 7. The City Council may, by ordinance adopted after a duly noticed
12 public hearing, by the affirmative vote of at least six. Council Members, modify, amend,
13 delete or add to this ordinance upon a finding that such action will implement and enforce.
14 the goals, policies and purposes of this ordinance.
15 Section 8. This interim urgency zoning ordinance shall by operation of law be of
16 no further force and effect ten months and fifteen days from and after the date of its
17 adoption provided, however, that ,after notice and public hearing the City Council may, by
18 asix-sevenths vote, extend this interim ordinance for a period of one year.
19 Section 9. If any section, subsection, sentence, clause or phrase or word of this
20 ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a
21 court of competent jurisdiction, such decision shall not affect the validity of the
22 remaining portions of this ordinance.. The City Council of the City of Petaluma hereby
23 declares that it would have passed and adopted this ordinance and each and all sections,
24 subsections, sentences, clauses, phrases or words thereof irrespective of the fact that any
25 one or more of said sections, subsections, sentences, clauses, phrases or words be
26 declared unconstitutional, unlawful or otherwise invalid.
27 Section 10. This ordinance is hereby declared to be an urgency ordinance and
28 shall be in full force and effect immediately upon its adoption. Within fifteen days after
29 adoption, this ordinance shall be published with the names of the members voting for and.
Ordinance No. 2141 N.C.S. Page 4
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against the same at least once in a newspaper of general circulation published in the City
of Petaluma.
Section 11. The City Clerk is hereby further directed to post and publish this
ordinance for the period and in the manner required by the City Charter.
Introduced and Ordered Published this 2nd day of December, 2002.
ADOPTED this 2nd day of December, 2002 by the following vote:
AYES: Cader-Thompson, Vice Mayor Healy, Maguire, O'Brien,
Mayor Thompson, Torliatt
NOES.: Moynihan
ABSENT: None
ABSTAIN: None
E. Clar Thompson, Mayor
ATTEST:
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Gayle Pe rsen, City Clerk Ric Rudnans y, City Att rney
Ordinance No. 2141 N.C.S.
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