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HomeMy WebLinkAboutOrdinance 2107 N.C.S. 12/04/2001i~ . ~~ ,~ F ~ ~ ©~~~~ 5 6 7 8 9 10 11 12 ORDINANCE NO. 2107 N.C.S. Introduced by Councilmember David Keller Seconded by Councilmember Matt Maguire 13 AN INTERIM URGENCY ZONING ORDINANCE OF THE CITY COUNCIL OF 14 THE CITY OE PETALUMA PURSUANT TO GOVERNMENT CODE SECTION 15 65858 PROHIBITING USES THAT MAY BE IN CONFLICT WITH A 16 CONTEMPLATED AMENDMENT 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 2g 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 31 established land use 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 of the 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 1 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, s 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 to 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 2~ 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". Ord. 2107 NCS Page 2 r 1 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 s 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 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 is 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 20 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 Fill" as found in Section 16-300 of the Zoning 27 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 Ord. 2107 NCS Page 3 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 8 protection of the environment pending completion of the contemplated new zoning ~ ordinance amendment. io 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 Councilmembers, 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. 15 16 Section 8. This interim urgency zoning ordinance shall by operation of law be of 17 no further force and effect forty-five days from and after the date of its adoption provided, 1s however, that after notice and public hearing the City Council may, by a four-fifths vote, 19 extend this interim ordinance for a period often 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 Ord. 2107 NCS Page 4 1 Section 10. This ordinance is hereby declared to be an urgency ordinance and shall 2 be in full force and effect immediately upon its adoption. Within fifteen days after 3 adoption, this ordinance shall be published with the names of the members voting for and 4 against the same at least once in a newspaper of general circulation published in the City s of Petaluma. 6 7 Section 11. The City Clerk is hereby further directed to post and publish. this s ordinance for the period and in the manner required by the City Charter. 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2~ 30 31 32 33 INTRODUCED and Ordered 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 Mayor ~;,,.... ATTEST: e. ,f~~ ~ ~ _ *-:~. APPROV,ED"`~S TO FORM: City Attorney Ord. 2107 NCS Page 5