HomeMy WebLinkAboutOrdinance 2022 N.C.S. 08/05/1996;.~,
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SEP ° 4 1996
ORDINANCE NO. 2022 N.C.S.
Introduced by
Councilmember Matt Maguire
Seconded by
Councilmember Lori Shea
AN ORDINANCE OF TAE COUNCIL OF THE CITY OF PETALUlVIA
AlVIENDING TITLE 13 (STREETS AND ®TRER PUBLIC PLACES) OF
TAE PETALUlVIA 1VIUNICIPAL CODE BY ADDING CIIAPTER 13.45
(PRESERVATION AND PUBLIC ACCESS TO LAFFERTY RANC>FI)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
34 FOLLOWS:
35
36 Section 1. Chapter 13.45 (Preservation and Public Access of Lafferty Ranch) is added to
37 Title 13 of the Petaluma Municipal Code to read as follows:
38
39 13.45.010 Public Ownership.
40 Lafferty Ranch, a mountain and watershed property owned by the City of
41 Petaluma (the "City"), shall remain in public ownership for passive public
8/5/1996 Ord. 2022 NCS Page 1 of 4 pages
1 recreational use in perpetuity, subject to the provisions contained herein.
2 The Lafferty Ranch, located on Sonoma Mountain, in the unincorporated
3 area of Sonoma County, California, is more particularly described as:
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5
Being a part of the Petaluma Rancho, and which is known,
6 designated and described upon Rowe's Map of said Rancho, as Lot
7 Number 361, containing 269.75 acres, and being the same premises
g which were formerly known as the Lafferty Ranch, and which were
9 deeded by William Hill to the Sonoma County Water Company, a
10 corporation, by deed dated the 25th day of May 1888, and recorded
11 in Vol. 113 of Deeds, as page 282, Sonoma County Records.
12
13 A.P. No. 136-17-001
14
15 13.45.020 Restriction on L)isposition.
16 The City shall not sell, trade or otherwise dispose of any interest in or right
17 associated with .Lafferty Ranch, including any and all water rights to any
1 g party without prior approval by the voters of the City.
19
20 13.45.030 Public 1Jse.
21 The Lafferty Ranch shall be made available for passive recreational use by
22 the public in accord with the provisions of this section.
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Use of Lafferty Ranch by the public shall be pursuant to a public use
25 management plan to be prepared and implemented by the City (the "Plan"),
26 in accordance with all applicable state and federal laws and regulations.
27 The Plan shall be consistent with the protection, restoration and
2g enhancement of the natural wildlands of Lafferty Ranch and shall be based
29 on best management practices for public open space and recreational lands
30 in the San Francisco Bay Area. Preparation of the Plan shall commence no
31 later than sixty (60) days following the adoption of this ordinance.
32
33 Pending adoption of the Plan, Lafferty Ranch shall be made available for
34 passive recreational use by the public pursuant to an interim plan which
8/5/1996 Ord. 2022 NCS Page 2 of 4 pages
:.
1 shall be adopted by the City Council. in accordance with all applicable state
2 and federal laws and regulations.
3
4 The City shall not enter into any contract or agreement with any private
5 party or public agency if the contract or agreement would restrict or limit
6 public use of Lafferty Ranch as permitted by this section, unless the
~ restrictions or limitations are consistent with the Plan.
8
9 13.45.040 Severability.
10 If any sentence, clause, section, or part of this ordinance is found to be
11 unconstitutional, illegal, or invalid, then such unconstitutionality, illegality,
12 or invalidity shall affect only that sentence, clause, section, or part, and
13 shall not effect or impair any of the remaining sentences, clauses, sections,
14 or parts of this ordinance. It is hereby declared to be the intention of the
15 People of the City that this ordinance would have been adopted had such
16 unconstitutional, illegal, or otherwise invalid sentence, clause, section, or
17 part of this ordinance not been included herein. To this end, the provisions
18 of this ordinance are severable..
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20 Section 2. This ordinance is found to be consistent with the General Plan and Charter of
21 the City of Petaluma.
22
23 Section 3. This ordinance has been found to be exempt from California Environmental
24 Quality Act pursuant to Sections 15061(b)(3) and 15316 of the CEQA Guidelines.
25
26 Section 4. If any section, subsection, sentence, clause or phrase or word of this ordinance
27 is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision
28 shall not affect the validity of the remaining portions of this ordinance. The City Council of the
29 City of Petaluma hereby declares that it would have passed and adopted this ordinance and each
30 and all provisions thereof irrespective of the fact that any one or more of said provisions be
31 declared unconstitutional.
8/5/1996 Ord. 2022 NCS Page 3 of 4 pages
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Section 5. The City Clerk is hereby directed to post this ordinance if required for the
period and in the manner required by the City Charter.
INTRODUCED this 29th day of Jam, 1996.
ADOPTED this 5th day of Au ust , 19:96 by the following vote:
AYES: Maguire, Hamilton, Read, Shea, Vice Mayor Stompe, Mayor Hilligoss
NOES: None
ABSENT: Barlas
Mayor
ATTEST
ity Clerk
ord
7/30/96 (fmk)
8/5/1996
APPROVED AS T
City
Ord. 2022 NCS
Page 4 of 4 pages