HomeMy WebLinkAboutOrdinance 2125 N.C.S. 11/19/2001
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ORDINANCE NO. 2125 N.C.S.
Introduced by Councilmember Seconded by Councilmember
Br--
a~oynihan Mike Healy
AN INTERIM URGENCY ZONING ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PETALUMA PURSUANT TO GOVERNMENT CODE SECTION 65858
ADOPTING A TIME EXTENSION FOR INTERIM ORDINANCE N0.2107
PROHIBITING USES THAT MAY BE IN CONFLICT WITH A CONTEMPLATED
AMENDMENT TO THE ZONING ORDINANCE
("ZERO NET FILL")
WHEREAS, the City Council. of the City of Petaluma did on December 4, 2000 adopted
Ordinance No. 2107 N.C.S. (attached hereto as Exhibit "A"), an interim urgency zoning
ordinance prohibiting uses that may be in conflict with a contemplated amendment to the zoning
ordinance; and
WHEREAS, California Government Code section 65858(b) allows such ordinances to
be extended up to ten (10) months and fifteen (15) days, and subsequently for one additional
year; and
WHEREAS, on January 5, 2001, a report was issued in compliance with Government
Code section 65858 setting forth the progress made on and the process required for the
establishment for the adoption of a permanent zoning ordinance pertaining to the zero net fill
requirements for properties within a certain designated area of the City; and
WHEREAS, the processing of such an ordinance would require a period of time
extending beyond the 45-day period of Ordinance No. 2107 N.C.S.; and
WHEREAS, on January 16, 2001, the City Council did conduct a duly noticed public
hearing to consider such a time extension; and
WHEREAS, after said public hearing, the City Council. did hereby find that the statute is
necessary based on the same findings and reasons cited in Ordinance No. 2107 N.C.S. and
adopted Ordinance No. 2110-A N.C.S., extending the interim urgency ordinance for a period of
10 months and 15 days, expiring on December 1, 2001; and
Ord. 2125 NCS Page 1
WHEREAS, on November 9, 2001, a report was issued in compliance with Government
Code section 65858 setting forth the progress made on and the process required for the
establishment for the adoption of a permanent zoning ordinance pertaining to the zero net fill
requirements for properties within a certain designated area of the City; and
WHEREAS, the processing of such an ordinance would require a period of time
extending beyond the combined one year period of Ordinance No. 2107 N.C.S and Ordinance
2110-A N.C.S..; and
WHEREAS, on November 19, 2001, the City Council did conduct a duly noticed public
hearing to consider such a time extension; and
WHEREAS, after said public hearing, the City Council did hereby find that the statute is
necessary based on the same findings and reasons cited in Ordinance No. 2107 N.C.S. and
Ordinance No. 2110-A N.C.S.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
' CITY OF PETALUMA AS FOLLOWS:
Section 1. Pursuant to the provisions of California Government Code Section 65858, the
City Council of the City of Petaluma hereby extends Ordinance No. 2107 N.C.S., as amended,
for one year from November 19, 2001 until November 18, 2002.
Section 2. This ordinance is declared to be an urgency ordinance enacted for
preservation of the health, safety and welfare and shall, therefore, go into effect immediately
upon its adoption. The basis and justification for the adoption of this ordinance areas follows:
Pursuant to Article 16 of the Petaluma Zoning Ordinance, the City of Petaluma has
established land use regulations for properties situated in floodways and floodplains as defined
by the August 1979 Flood Insurance Rate Maps of the Federal Insurance Administration of the
U.S. Department of Housing and Urban Development and has found said regulations to be
necessary to, among other purposes, "minimize property damage from floodwaters and safeguard
public health and safety...help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize flood blight areas... [and] insure
that those who occupy the areas of special flood hazard assume responsibility for their actions".
Ord. 2125 NCS Page 2
By Ordinance 1782 N.C.S., the City of Petaluma amended Article 16 of the Petaluma
Zoning Ordinance (Ordinance 1072 N.C.S.) to add Section 16.703.2 defining an area of "Zero
Net Fill" as "the area along the Petaluma River west of the freeway, upstream of the Payran
Street Bridge and including the area east of the freeway and west of Old Redwood Highway (the
majority of this area is known generally as Redwood Business Park II). In this area, clearance
above base 100-year flood elevation for finished floors shall be a minimum of two feet., and zero
net fill shall apply to any proposed development activity".
The area of "Zero Net Fill" and the corresponding definition of "No Net Fill" as found in
Section 16-300 (Definitions) of Article 16 of the Zoning Ordinance is the result of accepted
engineering analysis regarding the potential impacts of displacing flood waters on certain
properties located within the floodplain as the result of bringing "fill" (e.g., soil or other related
material) on to a project site in the course of development of said property for the purpose of
raising the overall elevation of the property. Since the adoption of Section 16.703.2, the City of
Petaluma has experienced a number of flooding events which may have resulted in part due to
the displacement of flood waters by the development of properties in the designated floodplain,
but outside of the "Zero Net Fill" area described in Section 16.703.2.
By reason of the matters set forth hereinabove, the City Council does hereby find that the
potential displacement of flood waters resulting from the development of land in the designated
floodplain but outside of the area of "Zero Net Fill" constitutes. a current and immediate threat to
the public health, safety and welfare and that approval of additional subdivisions, land use
permits and other entitlements could result in the approval of development which may be
inconsistent with contemplated amendments to Article 16 of the Petaluma Zoning Ordinance
(Ordinance 1072 N.C.S.) to expand the area of "Zero Net Fill".
Section 3. This ordinance is categorically exempt from CEQA under section 15308 of
the state CEQA guidelines because it is a regulatory action taken by the City of Petaluma in
accordance with Government Code section 65858, to assure maintenance and protection of the
environment pending completion of the contemplated new zoning ordinance amendment.
Section 4. The City Council may, by ordinance adopted after a duly noticed public
hearing, by the affirmative vote of at least six Councilmembers, modify, amend, delete or add to
Ord. 2125 NCS Page 3
this ordinance upon a finding that such action will implement and enforce the goals, policies and
purposes of this ordinance.
Section 5. This interim urgency zoning ordinance shall by operation of law be of no
further force and effect after November 18, 2002.
Section 6. If any section, subsection, sentence, clause or phrase or word of this ordinance
is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
competent jurisdiction, such decision 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 sections, subsections, sentences, clauses,
phrases or words thereof irrespective of the fact that any one or more of said sections,
subsections, sentences, clauses, phrases or words be declared unconstitutional, unlawful or
otherwise invalid.
Section 7. This ordinance is hereby declared to be an urgency ordinance and shall be in
full force and effect immediately upon its adoption. Within fifteen days after adoption, this
ordinance shall be published with the names of the members voting for and against the same at
least once in a newspaper of genera] circulation. published in the City of Petaluma.
Section 8. 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.
Ordered Posted/~~~' this 19th day of November, 2001.
INTRODUCED AND ADOPTED this 19th day of November, 2001, by the following vote:
AYES: O'Biien, Healy, Torliatt, Maguire, Moynihan, Vice Mayor Cadcr-Thompson, Mayor Thompson
NOES: None
ABSENT: None
ABSTAIN: None
Ord. 2125 NCS Page 4
Mayor
ATTEST: ~~APPRO~ ED~AS TO FORM:
City Clerk r City'Attorney
~n C~ e~~
Ord. 2125 NCS Page 5