HomeMy WebLinkAboutOrdinance 2138 N.C.S. 10/21/2002 r
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3 ORDINANCE N0.2138 N.C.S.
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5 Introduced by Councilmember Seconded by Councilmember
6 Mike Healy Matt Maguire
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8 AN INTERIM URGENCY ZONING ORDINANCE OF THE CITY COUNCIL OF THE
9 CITY OF PETALUMA PURSUANT TO GOVERNMENT CODE SECTION 65858
to PROHIBITING USES THAT MAY BE IN CONFLICT WITH A CONTEMPLATED
11 AMENDMENT TO THE ZONING ORDINANCE
12 ("ZERO NET FILL")
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14 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
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16 Section 1. Pursuant to the provisions of California Government Code Section 65858, the
17 City Council of the City of Petaluma hereby adopts this interim urgency zoning ordinance
18 prohibiting any uses that may be in conflict with the on going and contemplated amendment to
19 the Petaluma Zoning Ordinance (Ordinance 1072 N.C.S.).
20 Section 2. This ordinance is declared to be an urgency ordinance enacted for preservation
21 of the health, safety and welfare and shall, therefore, go into effect immediately upon its
22 adoption. The basis and justification for the adoption of this ordinance areas follows:
23 Pursuant to Article 16 of the Petaluma Zoning Ordinance, the City of Petaluma has
24 established land use regulations for properties situated in floodways and floodplains as defined
25 by the August 1979 Flood Insurance Rate Maps of the Federal Insurance Administration of the
26 IJ.S. Department of Housing and Urban Development and has found said regulations to be
27 necessary to, among other purposes, "minimize property damage from floodwaters and safeguard
28 public health and safety...help maintain a stable tax base by providing for the sound use and
29 development of areas of special flood hazard so as to minimize flood blight areas... [and] insure
3o that those who occupy the areas of special flood hazard assume responsibility for their actions".
31 By Ordinance 1782 N.C.S., the City of Petaluma amended Article 16 of the Petaluma
32 Zoning Ordinance (Ordinance 1072 N.C.S.) to add Section 16.703.2 defining an area of "Zero
33 Net Fill" as "the area along the Petaluma River west of the freeway, upstream of the Payran
Ord. No. 2138 N.C.S. Page 1
1 Street Bridge and including the area east of the freeway and west of Old Redwood Highway (the
2 majority of this area is known generally as Redwood Business Park II). In this area, clearance
3 above base 100-year flood elevation for finished floors shall be a minimum of two feet, and zero
4 net fill shall apply to any proposed development activity".
5 The area of "Zero Net Fill" and the corresponding definition of "No Net Fill" as found in
6 Section 16-300 (Definitions) of Article 16 of the Zoning Ordinance is the result of accepted
7 engineering analysis regarding the potential impacts of displacing flood waters on certain
8 properties located within the floodplain as the result of bringing "fill" (e.g., soil or other related
9 material) on to a project site in the course of development of said property for the purpose of
1o raising the overall elevation of the property. Since the adoption of Section 16.703.2, the City of
11 Petaluma has experienced a number of flooding events which may have resulted in part due to
12 the displacement of flood waters by the development of properties in the designated floodplain,
13 but outside of the "Zero Net Fill" area described in Section 16.703..2.
14 By reason of the matters set forth hereinabove, the City Council does hereby find that the
15 potential displacement of flood waters resulting from the development of land in the designated
16 floodplain but outside of the area of "Zero Net Fill" constitutes a current and immediate threat to
17 -the public health, safety and welfare and that approval of additional subdivisions, land use
18 permits and other entitlements could result in the approval of development which may be
19 inconsistent with contemplated amendments to Article 16 of the Petaluma Zoning Ordinance
20 (Ordinance 1072 N.C_S.) to expand the area of "Zero Net Fill".
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22 Section 3. Prohibition. With respect to all those properties, or portions thereof within the
23 corporate limits of the City of Petaluma designated as Flood Plain Combining District on the
24 most current, adopted Zoning Map and that are in addition to the area of "Zero Net Fill" as
25 described by Section 16.703.2 of the Zoning Ordinance, save and except those properties within
26 the boundaries of the Central Petaluma Specific Plan area, the City shall not: (a) issue building
27 permits, grading permits, encroachment permits or any category of building permits and any
28 other related permits; (b) grant any and all categories of zoning changes, variances, annexations,
29 site plan and architectural review approval; and (c) grant subdivision map approvals for any and.
3o categories of subdivision map approvals.
Ord. No. 2138 N.C.S. Page 2
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2 Section 4. Exceptions. Notwithstanding any other provisions of the Petaluma Municipal
3 Code or any other ordinances or regulations of the City of Petaluma to the contrary, no
4 subdivisions, annexations, prezonings, or rezonings, or land use permits, building permits,
5 grading permits, other entitlements for use or environmental documents shall be approved or
6 granted while this ordinance remains in effect. Provided, however, that these restrictions shall
7 not apply to the following:
8 (a) any permit, zoning, subdivision or land use approval, or other related
9 entitlement, approved or issued prior to October 21, 2002, or which has been
10 determined by the City after October 21, 2002 as not being subject to
11 requirements of "No Net Fill" as defined in Section 16-300 of the Zoning
12 Ordinance, including, but not limited to properties with an approved Letter of
13 Map Revision (CONK) from the Federal Emergency Management Agency.
14 (b) any permit, zoning, subdivision or land use approval, or other related
15 entitlement, approved or issued after October 21, 2002,within the expanded
16 area of "Zero Net Fill" as described in Section 3, above, determined by the
17 City as subject to and meeting the requirements of the definition of "No Net
18 Fill" as found in Section 16-300 of the Zoning Ordinance and, where
19 applicable, "the clearance area above base 100-year flood elevations for
20 finished floors shall be a minimum of two feet."
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22 Section 5. Any permits issued or for which a time extension request was filed prior to the
23 effective date of this ordinance shall remain valid for the originally approved duration plus any
24 additional time that this ordinance remains in full force and effect.
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26 Section 6. City of Petaluma Ordinance No. 2125 N.C.S., an interim urgency
27 ordinance extending the previous "Zero Net Fill" requirements through November 18, 2002, is
28 hereby rescinded and shall be of no further force and effect upon the adoption of this ordinance.
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Ord... No. 2138 N.C.S. Page 3
1 Section 7. This ordinance is categorically exempt from CEQA under section 15308 of
2 the state CEQA guidelines because it is a regulatory action taken by the City of Petaluma in
3 accordance with Government Code section 65858, to assure maintenance and protection of the
4 environment pending completion of the contemplated new zoning ordinance amendment.
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6 Section 8. The City Council may, by ordinance adopted after a duly noticed public
7 hearing, by the affirmative vote of at least six Councilmembers, modify, amend, delete or add to
8 this ordinance upon a finding that such action will implement and enforce the goals, policies and
9 purposes of this ordinance.
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11 Section 9. This interim urgency zoning ordinance shall by operation of law be of no
12 further force and effect forty-five days from and after the date of its adoption provided, however,
13 that after notice and public hearing the City Council may, by afour-fifths vote, extend this
14 interim ordinance for a period of ten months and fifteen days and subsequently extend the interim
15 urgency zoning ordinance for one year.
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17 Section 10. If any section, subsection, sentence, clause or phrase or word of this
18 ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
19 of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
20 this ordinance. The City Council of the City of Petaluma hereby declares that it would have
21 passed and adopted this ordinance and each and all sections, subsections, sentences, clauses,
22 phrases or words thereof irrespective of the fact that any one or more of said sections,
23 subsections, sentences, clauses, phrases or words be declared unconstitutional, unlawful or
24 otherwise invalid.
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26 Section 11. This ordinance is hereby declared to be an urgency ordinance and shall be in
27 full force and effect immediately upon its adoption. Within fifteen days after adoption, this
28 ordinance shall be published with the names of the members voting for and against the same at
29 least once in a newspaper of general circulation published in the City of Petaluma.
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Ord. No. 2138 N.C.S. Page 4
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1 Section 12. The City Clerk is hereby further directed to post and publish this ordinance
2 for the period and in the manner required by the City Charter.
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4 ORDERED POSTED and PUBLISHED this 21st day of October, 2002.
5 INTRODUCED and ADOPTED this 21st day of October, 2002, by the following vote:
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7 AYES: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien,
8 Mayor Thompson
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l0 NOES: Torliatt
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12 ABSENT: None
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14 ABSTAIN: None
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17 E. Clark Thompson, Mayor
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22 ATTEST: TO RM:
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26 Gayle Pet'~rsen, City Clerk Rich d Rudnansky, City A
Ord. No. 2138 N.C.S. Page 5