HomeMy WebLinkAboutOrdinance 2110-A N.C.S. 01/16/2001~' p 'P
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Introduced by Councilmember
Matt MaQ,uire
Seconded by Councilmember
Janice Cader-Thompson
AN INTERIM URGENCY ZONING OItIDINANCE OF TAE CITY COUNCIL OF THE
CITY OF PETALUMA PURSUANT TO GOVERNMENT COIDE SECTION 65858
AD®PTING A TIME EXTENSION FOR INTERIM ORIDINANCE NO. 2107
PRORI~ITING USES THAT MAY ~E IN CONFLICT WITR A CONTEMPLATED
AMENI9MENT TO TAE ZONING ORIDINANCE
("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
WI~REAS, said Ordinance No. 2107 N.C.S. will automatically expire on January 18,
2001, unless extended by the Council; 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
ORDINANCE NO. 2110-A N.C.S.
Ord. 2110-A NCS Page 1
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 on December 4, 2000, which are incorporated herein by reference.
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 and
the provisions of Petaluma Ordinance No. 2107 N.C.S., the City Council of the City of Petaluma
hereby amends section 4(a) of Ordinance No. 2107 N.C.S. to read as follows and finds that the
amendment will implement and enforce the goals, policies, and purposes of the ordinance:
"(a) any permit, zoning, subdivision or land use approval, or other related
entitlement, approved or issued prior to December 4, 2000, or which has
been determined by the City after December 4, 2000 as not being subject
to requirements of "No Net Fill" as defined in Section 16-300 of the
Zoning Ordinance, including but not limited to, properties with an
approved Letter of Map Revision (CONK) from the Federal Emergency
Management Agency."
Section 2. 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 ten (10) months and fifteen (15) days from January 16, 2001 until December 1, 2001.
Section 3. 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
Ord. 2110-A NCS Page 2
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".
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 4. 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.
Ord. 2110-A NCS Page 3
Section 5. 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
this ordinance upon a finding that such action will implement and enforce the goals, policies and
purposes of this ordinance.
Section 6. This interim urgency zoning ordinance shall by operation of law be of no
further force and effect after December 3, 2001, provided, however, that after notice and public
hearing the City Council may, by a four-fifths vote, extend this interim ordinance for a period of
an additional one year.
Section 7. 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 8. 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 general circulation published in the City of Petaluma.
Section 9. The City Clerk is hereby further directed to past and publish this ordinance for
the period and in the manner required by the City Charter.
Ordered Posted/lk~ed this 16th day of January, 2001.
INTRODUCED AND ADOPTED this 16th day of January, 2001, by the following vote:
Ord. 2110-A NCS Page 4
AYES: O'Brien, Healy, Torliatt, Maguire, Moynihan, Vice Mayor Cader-Thompson, Mayor
Thompson
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATTEST: ~~
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City Attorney
TO FORM:
Ord. 2110-A NCS Page 5
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7 ORDINANCE NO. 2107 N.C.S.
8
9 Introduced by Councilmember Seconded by Councilmember
to
11 David Keller Matt Maguire
12
13 AN INTERIM URGENCY ZONING ORDINANCE OF T-HE CITY COUNCIL OF
14 THE CITY OF PETALUIVIA PURSUANT TO GOVERNMENT CODE SEC'T'ION
15 65858 PROHIBITING,USES THAT MAY BE IN CONFLICT WITH A
16 CONTEMPLATED°AMENDIVIENT TO THE ZONING ORDINANCE
17 ("ZERO NET FILL")
18
19 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
20 FOLLOWS:
21
22 Section 1. Pursuant to the provisions of California Government Code Section
23 65858, the City Council of the City of Petaluma hereby adopts this interim urgency zoning
24 ordinance prohibiting any uses that maybe in conflict with the on-going and contemplated
25 amendment to the Petaluma Zoning Ordinance (Ordinance 1072 N:C.S.).
26 .Section 2. This ordinance is declared to be an urgency ordinance enacted for
27 preservation of the health, safety and welfare and shall ,therefore, go into effect
2s immediately upon'its adoption. The basis and justification for the adoption of this
29 ordinance areas follows:
3o Pursuant to Article 16 of the Petaluma Zoning Ordinance, the City of Petaluma has
3.1 established land u§e regulations for properties situated in floodways and floodplains as
32 defined by the August 1979 Flood Insurance Rate.Maps of the Federal Insurance
33 Administration ofthe U. S. Department of Housing and Urban Development and has found
34 said regulations to be-necessary to, among other purposes, "minimize property damage
Ord. 2107 NCS Page i
1 from floodwaters and safeguard public health and safety...help maintain a stable tax base
2 by providing for the sound use and development of areas of special flood hazard so as to
3 minimize flood blight areas... [and] insure that those who occupy the areas of special
4 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
1o Business Park II). In this area,. clearance above base 100-year flood elevation for finished
ll 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 toa 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
2s 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".
0
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2 Section 3. Prohibition. With respect to all those properties, or portions thereof
3 within the corporate limits of the City of Petaluma designated as Flood Plain Combining
4 District on the most current, adopted Zoning Map and that are in addition to the area of
s "Zero Net Fill" as described by `Section 16.703.2 of the Zoning Ordinance, the City shall
6 not: (a) issue building permits, grading permits, encroachment permits or any category of
7 building permits and any other related permits; (b) grant any and all categories of zoning
8 changes, variances, annexations, .site plan and architectural review approval; and (c) grant
9 subdivision map approvals for any and categories of subdivision. map approvals.
10
11 Section 4. Exceptions. Notwithstanding any, other provisions ofthe-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;
~6 that these restrictions shall not., apply to the following:
17 (a) any permit,. zoning, `subdivision or land use approval, or other related
1g entitlement, approved or issued prior to December 4,.2000, or which
19 has ,been determined by the City after December 4, 2000 as not. being
2U subject to requirements of "No Net Fill" as defined in Section 16-300
21 of the Zoning Ordinance.
22 (b) any permit, zoning;, subdivision or land use. approval, or other related
23 entitlement, approved or issued after December 4, 2000,within the
24 expanded area of "Zero Net Fill" as described in Section 3, above,
25 determined by the City as subject to and meeting the requirements of
26 the definition of "No Net FiII" as found in. Section 16-300 of the Zoning
2~ Ordinance and, where applicable, "the clearance area above base 100-
28 year flood elevations for finished floors shall be a minimum of two
29 feet."
30
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1 Section 5. Any permits issued or for which a time extension request was filed
2 prior to the effective date of this ordinance shall remain valid for the originally approved
3 duration plus any additional time that this ordinance remains in full force and effect.
4
5 Section 6. This ordinance is categorically exempt from CEQA under section
6 15308 of the state CEQA guidelines because it is a regulatory action taken by the City of
7 Petaluma in accordance with Government Code section 65858, to assure maintenance and
s protection of the environment pending completion of the contemplated new zoning
9 ordinance amendment.
10
11 Section 7. The City Council may, by ordinance adopted after a duly noticed public
12 hearing, by the afFirmative vote of at least six .Councilmernbers, .modify, amend, delete or
13 add to this ordinance upon a finding that such action will implement and enforce the goals,
14 policies and purposes of this ordinance.
1s
16 Section 8. This interim urgency zoning ordinance shall by operation of law be of
1~ no further force and, effect forty-five days from and, after the date of its adoption provided,
18 however, that after notice and public hearing the City Council may, by a four-fifths vote,
19 extend this interim ordinance for a period of teri months and fifteen days and subsequently
20 extend the interim urgency zoning ordinance for one. year..
21
22 Section 9. If any section, subsection, -sentence, clause or phrase or word of this
23 ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a
24 court of competent jurisdiction, such decision shall not affect the validity of the remaining
25 portions of this ordinance. The City Council of the City of Petaluma hereby declares that
26 it would have passed and adopted this ordinance and each and all sections, subsections,
27 sentences, clauses, phrases or words thereof irrespective of the fact that any one or more
28 of said sections,. subsections, sentences, clauses, phrases or words be declared
29 unconstitutional, unlawful or otherwise invalid.
30
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. Section 10: 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 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 ,O,rdered Posted/Published this 4~' day of December, 2000.
ADOPTED this 4th day of December, 2000, by the following vote:
AYES: Healy, Cader-Thompson, Keller, Maguire, Hamilton, Vice Mayor Torliatt,
Mayor Thompson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:.
Mayor
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APPROV,~D°~S TO FORM:
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City Attorney