HomeMy WebLinkAboutOrdinance 2108 N.C.S. 12/04/2001
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ORDINANCE NO. 2 10 8
Introduced by
David Keller
N.C.S.
Seconded by
Janice Cader-Thompson
AN URGENCY INTERIM ORDINANCE (MORATORIUM) OF THE COUNCIL
OF THE CITY OF PETALUMA TEMPORARILY PROHIIBITING USES THAT
MAY BE IN CONFLICT WITH A CONTEMPLATED NEW GENERAL
PLAN AND ANY ATTENDANT AMENDMENTS TO THE ZONING
AND SUBDIVISION ORDINANCES PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 65858
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
32 FOLLOWS:
33
34 ~ Section 1. Pursuant to the provisions of California Government Code section 65858, the
35 City Council of the City of Petaluma .hereby adopts this urgency interim ordinance (moratorium)
36 prohibiting any uses that may be in conflict with the ongoing and contemplated revisions of the
37 Petaluma General Plan and any necessary and attendant zoning and subdivision ordinance
38 amendments required in connection therewith.
39
40 ~ Section 2. This ordinance is declared to be an urgency ordinance enacted for the
41 preservation of the public health, safety or welfare and shall, therefor, go into effect immediately
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1 upon its adoption. The basis and justification for the adoption of this ordinance are as follows:
2 There exists a current and immediate threat to the public health, safety or welfare unless building
3 and development within the City of Petaluma is temporarily restricted during the conduct of
4 studies and the ongoing revision of the Petaluma General Plan and any necessary and attendant
5 zoning and subdivision ordinance amendments required in connection therewith. The City of
6 Petaluma for sometime prior to the adoption of a certain urgency ordinance has conducted a
7 number of studies regarding flood control management including studies regarding detention and
8 retention ponds in an attempt to develop a plan to alleviate or reduce the threat of flooding within
9 the City of Petaluma which has been experienced over the last several years. In addition, there
10 have been a number of City Council meetings at which there were discussions regarding flood
11 control and surface water management which will continue to be studied and measures
12 implemented to address such issues in the contemplated new Petaluma General Plan which is
13 currently being studied.
14 Further, for the last several years, there has been much discussion regarding a cross town
15 connector/interchange and the appropriate location for such an improvement. Traffic continues
16 to be a problem within the City of Petaluma, and the contemplated General Plan process will
17 include studies to address such issues which will assist in the preparation and adoption of the
18 General Plan provisions addressing transportation and circulation issues.
19 Since 1982, there have been a number of flooding events within the City of Petaluma and
20 most notably within the flood plain north of the Payran Street bridge which has resulted in
21 litigation over the years which has resulted in expenses .incurred by the City defending such
22 litigation. In addition, the major flood control project constructed under the supervision of the
23 U.S. Army Corps of Engineers is nearing completion. However, there has been information
24 presented which indicates that continued development within the watershed of the city and/or
25 within the flood plain may reduce the effectiveness and protection level provided by the flood
26 control project.
27 In the past few years, significant additional commercial and residential development has
28 been constructed in the flood plain and watershed, there are currently a number of pending
29 applications and it is anticipated that there will be additional applications for development in the
30 flood plain in the future.
Ord. 22108 NCS Paget of 7
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1 By reason of the matters set forth hereinabove, the City Council does hereby find that
2 there exists a current and immediate threat to the public health, safety or welfare and that
3 approval of additional subdivisions, land use permits, and other entitlements could result in
4 approval of development which may create further irreversible adverse traffic impacts and
5 flooding conditions and which may be inconsistent with potential land use designations,
6 densities, and intensities to be contained in the upcoming revision and adoption of the new City
7 of Petaluma General Plan.
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9 Section 3. This ordinance shall apply to all properties within the Flood Plain Combining
10 District as depicted on the City of Petaluma's adopted zoning map.
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12 Section 4. Prohibition. With respect to the area within the Flood Plan Combining
13 District as depicted on the City of Petaluma's adopted zoning map,. the City shall not: (a) issue
14 building permits or any category of building permits and any other related permits; (b) grant any
15 and all categories of zoning changes, variances, or both; and (c) grant subdivision map approvals
16 for any and all categories of subdivision map approvals.
17
18 Section 5. Exceptions. Notwithstanding any other provisions of the Petaluma Municipal
19 Code or any other ordinances or regulations of the City of Petaluma to the contrary, no
20 subdivisions, annexations, prezonings or rezonings, or land use permits, building permits,
21 grading permits, other entitlements for use or environmental documents shall be approved or
22 granted while this ordinance remains in effect. Provided, however, that these restrictions shall
23 not apply to the following:
24 (a) Development projects for which. a building permit(s) including foundation permits
25 was/were issued prior to December 4, 2000.
26 (b) Electrical, plumbing, mechanical, swimming pool and hot tub permits for existing
27 structures or projects or those structures or projects for which a building permit
28 has been issued prior to December 4, 2000.
29 (c) Building permits for repairs, modifications, alterations, and/or replacements of
30 residential or commercial structures in existence prior to December 4, 2000, when
Ord. 2108 NCS Page 3 of 7
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1 such repairs, modifications, alterations, and/or replacements do not result in
2 significant changes in use or increases in intensity/density of use.
3 (d) Demolition permits otherwise consistent with City ordinances, resolutions and
4 policies.
5 (e) Grading permits for development projects exempted by this ordinance.
6 (f) Encroachment permits for construction in/on public right-of--way associated with
7 structures in existence or development which has received all discretionary City
8 approvals prior to December 4, 2000.
9 (g) Review, approval and recordation of final subdivision maps when the
10 owner/applicant has an approved tentative map prior to December 4, 2000; in
11 conjunction herewith and prior to recordation of any such final map(s), the City
12 shall certify in writing that all conditions of the tentative map have been satisfied
13 or adequate security has been posted to ensure same.
14 (h) Lot line adjustments, certificates of compliance, lot mergers and lot splits on
15 improved real property when such split is determined by the Planning Director to
16 be consistent with existing legal conforming use of the land prior to December 4,
17 2000.
18 (i) Changes of commercial occupancy of the same general type as previously
19 existing in a structure/at a site when the Planning Director has determined that no
20 increase I peak period traffic generation would be occasioned thereby.
21 (j) Tenant improvements and/or occupancies in buildings existing on, or issued
22 building permits prior to December 4, 2000, when consistent with all other zoning
23 regulations of the City.
24 (k) Permits in connection with minor modifications of commercial and/or public
25 structures/sites in existence on, or issued building permits prior to, December 4,
26 2000, when the Planning Director has determined that no increase in peak period
27 traffic generation would be occasioned thereby.
28 (1) Single-family dwelling units including townhouses and condominiums on legal
29 lots in existence or in connection with single-.family development .projects for
30 which a fully approved tentative subdivision map has been filed prior to
Ord. 2 408 NCS Page 4 of 7
1 December 4, 2000, following submittal, review, approval and recordation by the
2 City of a final subdivision map pursuant to (g) above.
3 (m) Additions, modification and minor expansions of dwelling units in existence on,
4 or issued building permits prior to, December 4, 2000, when the Planning
5 Director has determined that no increase in the number of total units would result
6 therefrom.
7 (n) Child care facilities.
8 (o) Construction, maintenance and repair of public or private road, sanitary sewer,
9 water, drainage, transit, parking, solid waste, other utility, non-commercial
10 recreational, educational or religious facilities.
11 (p) Certificates of compatibility, sign permits and animal permits.
12 (q) Variances, use permits, design review, and other entitlements to use for
13 development exempted by this ordinance.
14 (r) Reconstruction and repair of property damaged by fire, earthquake, flood or other
15 catastrophic occurrence.
16 (s) Construction deemed necessary by the City Council to preserve the public health
17 and safety or to abate a public nuisance.
18 (t) Development for which a development agreement pursuant to relevant California
19 Government Code provisions has been executed prior to December 4, 2000.
20 (u) Permits associated with the designation, preservation and/or renovation of a City
21 historic landmark.
22 (v) Permits needed to construct rental residential units on an in-fill site so long as no
23 rezoning is needed and complete applications were filed prior to December 4,
24 2000.
25 (w) Permits that authorize minor changes to already approved or otherwise exempt
26 projects.
27 (x) Permits associated with development consistent with a specific Memorandum of
28 Understandings between the City and another public agency, which Memorandum
29 was executed prior to December 4, 2000.
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Ord. 2108 NCS Page 5 of 7
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1 Section 6. Any permits issued or for which a time extension request was filed prior to the
2 effective date of this ordinance shall remain valid for the originally approved duration plus any
3 additional time that this ordinance remains in full force and effect.
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5 Section 7. This ordinance is categorically exempt from CEQA under section 15308 of
6 the State CEQA guidelines because it is a regulatory action taken by the City of Petaluma in
7 accordance with Government Code section 65858, to assure maintenance and protection of the
8 environment pending completion of the contemplated new Petaluma General Plan and any
9 attendant amendments to the Zoning and Subdivision Ordinances.
10
11 Section 8. The City Council may, by ordinance adopted after a duly noticed public
12 meeting, by the affirmative vote of at least six Councilmembers, modify, amend, delete, or add to
13 this ordinance upon a finding that such action will implement and enforce the goals, policies, and
14 purposes of this ordinance.
15
16 Section 9. This interim urgency ordinance shall by operation of law be of no further
17 force and effect forty-five (45) days from and after the date of its adoption provided, however,
18 that after notice and public hearing the City Council may, by a four-fifths vote, extend this
19 interim ordinance for a period of ten (10) months and fifteen (15) days and subsequently extend
20 the interim urgency ordinance for one (1) year.
21
22 Section 10. 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 court
24 of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
25 this ordinance. The City Council of the City of Petaluma hereby declares that it would have
26 passed and adopted this ordinance and each and all sections, subsections, sentences, clauses,
27 phrases or words thereof irrespective of the fact that any one or more of said sections,
28 subsections, sentences, clauses, phrases or words be declared unconstitutional, unlawful or
29 otherwise invalid.
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Ord. 2108 NCS Page 6 of 7
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Section 11. This ordinance is hereby declared to be an urgency ordinance and shall be in
full force and effect immediately upon its adoption. Within fifteen (15) 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 12. 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.
9 INTRODUCED and ordered posted/published this dth day of December , 2000.
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ADOPTED this 4th day of December , 2000 by the following vote:
AYES: Keller, Torliatt, Maguire, Hamilton, Cader-Thompson
NOES: Healy, Mayor Thompson
ABSENT: None
Mayor
ATTEST:
City Clerk l~y~~im pity :s4~J~,
ord
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Ord. 2108 NCS
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