Loading...
HomeMy WebLinkAboutOrdinance 1837 N.C.S. 01/22/19913 4 5 Introduced by Councilman 6 7 Michael Davis ORDINANCE NO. 1837 N.C.S. Seconded by Councilman Lynn Woolsey 8 9 10 AN ORDINANCE AMENDING TITLE 11 (VEEiICLES AND TRAFFIC) 11 OF THE PETALLAviA MUNICIPAL OBE BY ADDING Q~A1riER 11.80 (TRAFFIC IMPACT FEE ON DEVEIIJPMENT) 12 13 14 THE CITY COUNCIL OF THE CITY OF PETALUMA DOES ORDAIN A5 FOLLOWS: 15 Section 1. Chapter 11.80 (Traffic Impact Fee on Develapment) is added to Title 16 11 of the Petaluma Municipal Code to read as follows 17 Chapter 11.80 Traffic Impact Fee on Development 18 Section 11.80.010 Intent and Purpose . 19 The City Council of the City of Petaluma finds that as a result of 20 increasing regional growth, significant residential, commercial office and industrial 21 development is expected to occur within the City. This anticipated development, 22 including development currently approved or submitted for approval, cumulatively 23 will generate a substantial increase over existing levels of traffic within the City. 24 This increase in traffic will result in traffic volumes which exceed the capacity of 25 the existing City-wide transportation system to provide acceptable levels of service. 26 The City Council also finds that unless certain actions are taken, the 27 above factors will result in adverse impacts such as unacceptable levels of congestion 1 Ord. 1837 N.Q.S. 1 on streets and at intersections, traffic accidents, air pollution, noise and restrictions 2 on access for emergency vehicles. To prevent these undesirable consequences, the 3 capacity of the City-wide transportation system must be built out at a rate which will 4 accommodate the expected growth in the City. 5 The City Council also finds that, in the absence of this ordinance imposing 6 a traffic impact fee, existing and future sources of revenue will be inadequate to 7 fund a substantial portion of the improvements required to meet goals, objections, 8 policies and programs identified in the transportation element of the General Plan. g Accordingly, it is the intent of the City Council to adopt by this ordinance 10 a fair and equitable method of securing some of the revenues necessary to fund the 11 construction and implementation of improvements to the City-wide transportation 12 system sufficient to accommodate the traffic volumes generated by new acceptable 13 levels of service throughout the City. This Ordinance is adopted pursuant to and to 14 comply with Government Code Sections 66000 et seq. 15 Section 11.80.020 Additional Findings. 16 The City Council further finds as follows 17 A. The Land Use and Growth Management Element of the Petaluma 18 General Plan specifies the permitted uses of land within the City and places limits on 19 the intensity and density of such use. 20 B . The City Council has examined the relationship between the land uses 21 and densities permitted under t he General Plan and the rate and amount of actual 22 development of property within the City. Based upon this examination, the City 23 Council has identified trends in growth and development which enable the Council to 24 project, with substantial certainty, the magnitude and extent of future development 25 based upon the City's General Plan. 26 C. The City Council also has examined the extent to which different land 27 uses generate vehicle trips. The City Council, in evaluating these trip generation 2 Y~~".3 ~~~NC~ 1 rates, has taken into consideration, among other things, the General Plan Technical 2 Appendices and various reports and memorandums by staff and consultants regarding 3 trip generation rates. Trip generation rates for the various land use categories 4 identified in Section 11.80.030G herein were determined. The City Council finds that 5 these trip generation rates represent a reasonable estimate of the actual trip 6 generation rates for these land use categories. 7 D. The City has identified certain major street and interchange 8 improvements, grade separations and bridges and other traffic-related improvements 9 which are necessary or appropriate to accommodate new development described in the 10 City's General Plan and the Five Year Capital Improvement Project Plan. The 11 Petaluma General Plan including the Technical Appendix to the General. Plan and the 12 1987 General Plan Environmental Impact Report, indicates that build-out of the 13 development permitted under the General Plan will result in unacceptable levels of 14 service at many of the key intersections identified in the report. The City Council 15 finds that this level of congestion will have adverse effects throughout the City and 16 that implementation of the Transportation Element will substantially reduce these 17 adverse effects. 18 E. Full implementation of the Transportation Element will require the 19 construction of major improvements to the existing City-wide transportation system. 20 The City Council has, after review of all relevant information, determined the 21 estimated reasonable cost of those improvements and estimated funds available to 22 make such improvements, as well as the extent to which funding is inadequate to 23 make the necessary improvements . 24 F. The City Council, in determining the extent to which funds are 25 available to make Transportation Improvements, has evaluated present and future 26 sources of Federal, State and County funding, City revenues which are earmarked 27 for Transportation Improvements, and the extent to which committed projects are 3 1 required to construct or fund Transportation Improvements that will assist in the 2 implementation of the Transportation Element. The City is committed to actively 3 pursuing all available funding sources for Transportation Improvements, in 4 cooperation with interested members of the development community. 5 G. Although the traffic volume generated by an individual development 6 project may not be, in and of itself, sufficient to overload the existing City-wide 7 transportation system, the cumulative impact of all new development permitted under 8 the City's General Plan (including development currently approved or submitted for 9 approval) will result in unacceptable levels of traffic congestion. Implementation of 10 the Transportation Element will result in a significant reduction in the level of traffic 11 congestion generated by new development. It is the policy of the City, as set forth 12 in the Transportation Element, that new development pay for the cost of the 13 improvements to the City-wide transportation system which are identified in the 14 Transportation Element and necessary to accommodate the traffic volumes generated 15 by new development. For these reasons, a fair and equitable method of securing 16 some of the revenues necessary to construct the required Transportation Improve- 17 ments is to impose a traffic impact fee based on the extent to which new development 18 generate additional traffic volumes. 19 H. The Transportation Improvements will be constructed or implemented 20 with funds generated by this ordinance and will significantly benefit the contributor 21 in that the adverse impacts, such as noise, air pollution, delay, accidents, increased 22 fuel consumption, harm to the local economy, and inconveniences caused by traffic 23 congestion will be substantially mitigated. The inability or failure to reduce the 24 adverse impacts caused by traffic congestion in all parts of the City will have 25 adverse effects throughout the City. 26 27 4 ~~~.1 g 3'~ N C S 1 I. The City Council further finds that the traffic .fees to be charged 2 pursuant to this ordinance do not exceed the estimated reasonable cost of implement- 3 ing the Transportation Element, that implementation of the Transportation Element is 4 necessary to reduce the traffic congestion which will be created by new development, 5 and that the method of allocation adopted by this ordinance which is based upon the 6 trip generation rates for the land uses permitted under the City's General Plan 7 assures that the fee applicable to a particular development bears a fair and reason- 8 able relationship to each such development's burden on, and benefit from., the 9 City-wide Transportation Improvements to be funded by this ordinance. 10 J. Periodic review, and possible revision, of the resolutions adopted by 11 the City Council pursuant to this ordinance will allow for the adjustment of the fees 12 to be paid under this ordinance to ensure that those fees are fair and equitable and 13 that the traffic fees imposed pursuant to this ordinance continue to reflect the 14 reasonable cost of implementing the Transportation .Element. 15 Section 11.80.030 Terms and Definitions. 16 For the purposes of this ordinance, the following terms shall have the 17 meanings indicated below: 18 A. Transportation Element shall mean the text and maps of the Transpor- 19 tation Element of the City's General Plan, as the same may be amended from time to 20 time by the City Council in accordance with Government Code Section 65358. 21 B . Transportation Improvements shall mean those improvements necessary 22 to complete the major street and interchange improvements necessary to meet the 23 goals of the General Plan, including paving, curb and gutter, sidewalks, medians, 24 landscaping, drainage facilities, traffic signals, street lighting, noise walls, 25 right-of-way acquisition, public park and ride facilities, bicycle paths, public 26 transit, bridges, grade separations, downtown parking facilities, and other 27 improvements in connection therewith, which are not otherwise provided by, or 5 ~~~~d1~37NC~ 1 required of, Development within the City pursuant to Title 20 (Subdivisions), 2 Ordinance 1072 (Zoning) , as amended, or Title 17 (Building) , and other applicable 3 statutes and ordinances. Transportation Improvements also shall include the archi- 4 tectural, administrative, engineering, legal, planning, environmental and other 5 services required in connection with the implementation of this ordinance. 6 C. Developer shall mean an individual or entity submitting an application 7 for a building permit or other entitlement for Development. $ D. Development shall mean the construction of a new residential unit or 9 the construction, addition, extension or enlargement of anon-residential structure. 10 E. New Development shall mean the total amount of potential forecasted 11 new development in the City of Petaluma as permitted under the General Plan 12 calculated to occur between 1990 and buildout estimated to occur by 2005. 13 F. Gross Floor Area shall mean the square footage of the area included 14 within the surrounding exterior walls of a building or portions thereof, exclusive of 15 floor area devoted to vehicle access and parking. 16 G. Land Use Category shall mean any of the following specific land uses: 17 (1) Residential : (2) Commercial Single Family or Duplex Motel or Hotel lg Multi-Family (3 or more units) All Other Retail Uses Manufactured Home 19 Senior Housing Accessory Dwelling 20 (3) Offices : (4) Industrial 21 All Office Uses Warehouse Manufacturing 22 Mini Storage 23 H . Net Transportation Improvement Costs shall mean Transportation 24 Improvement Cost minus that portion of Transpo rtation Cost which benefit existing 25 development minus funds available to offset the Transportation cost benefiting new 26 development. The Net Transportation Improvement Costs are further divided by the 27 6 ~~~.1~3~NCS 1 estimated source of the traffic volume generated between residential and 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 non-residential development. I. Peak Hour Trip shall mean a one-way vehicle trip measured during the hour of peak traffic volume occurring between 4 p.m. and 6 p.m. J. Peak Hour Trip Rate shall mean the average number of Peak Hour Trips adjusted by a pass by factor generated by a Land Use Category per unit of Development. The Peak Hour Trip Rate for each Land Use Category shall be as set forth by resolution of the City Council as that resolution may be amended from time to time pursuant to Section 11.80.050E. Notwithstanding the foregoing, where applicable, the term Peak Hour Trip Rate shall mean the rate established by the City Engineer in accordance with Section 11.80.060A. K . Cost Per Peak Hour Trip is defined as the Net Transportation Improvement Costs for residential and non-residential development divided by the estimated number of units resulting from development. L. Number of Units is the number of: 1) residential dwelling units; 2) a thousand square feet or fraction thereof of non-residential gross floor area; or 3) number of hotel or motel rooms. Section 11.80.040 Applicability. Except as otherwise expressly provided herein, the provisions of this ordinance shall apply to, and the traffic impact fee required hereunder shall be payable with respect to (1) all Development within the City for which building permits or other entitlements for Development are issued on or after the effective date of this ordinance, and (2) all Development within the City for which building permits or other entitlements for Development were issued prior t o the effec tive date of this ordinance which permits or entitlements were issued subject to a condition 7 1 requiring the Developer to pay a traffic impact fee to be imposed upon all new 2 residential, office, commercial and industrial development within the City; provided 3 however, that the provisions of this ordinance shall not apply to (A) in the case of 4 residential development, any Development which has a recorded final map prior to 5 the effective date of the ordinance and (B) any Development for which building 6 permits or other entitlements for development were issued prior to the effective date 7 of this ordinance, which permits or entitlements were issued subject to a condition 8 requiring the developer to pay a traffic fee and such fee was paid, or such traffic 9 condition was otherwise satisfied, prior to the effective date of the ordinance. 10 Section 11.80.050 Rate of Fee. 11 A. The rate of the traffic impact fee shall be calculated in accordance 12 with the procedure set forth in this Section 11.80.050 and shall be established by 13 resolution of the City Council as that resolution may be amended from time to time 14 pursuant to Section 11.80.050E enacted after a properly noticed public hearing and 15 shall be effective no sooner than 60 days after the resolution is adopted. The rate 16 of the fee applicable to any particular Development shall be the rate established in 17 accordance with this ordinance and in effect no sooner than 60 days following the 18 final action on the adoption of this ordiance. 19 B . The City Council shall determine by resolution the Net Transportation 20 Improvement Costs as follows 21 (1) The City Council shall determine the Transportation System Improve- 22 ments which are necessary to implement the Transportation Element 23 and reduce the adverse impacts caused by the increased traffic 24 volume generated by Development. 25 (2) The City Council shall make a reasonable estimate of the total costs 26 necessary to construct or provide the Transportation Improvements. 27 8 ~~~.~1~37NCS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (3) The City Council shall estimate the current and anticipated funding available to satisfy the costs of constructing and implementing the Transportation Improvements. In determining the amount of available funding, the City Council shall include funding from other govern- mental entities to the extent the receipt by the City of such funding is reasonably probable, and City revenues appropriated for construction or implementation of Transportation Improvements, if any. (4) The City Council shall determine the difference, if any, between the estimated costs of construction and implementation of the Transporta- tion Improvements, that portion of the Transportation Improvements which benefit existing development, and the estimated funding avail- able to benefit new development which therefore shall be the "Net Transportation Cost. " (5) The City Council shall determine the portion of Net Transportation Improvement Cost generated by source of traffic volume between residential and non-residential development. C. The City Council shall determine the total number of residential units and non-residential units resulting from Development. D . The City Council shall determine the cost for residential and non-residential Peak Hour Trip by dividing the Net Transportation Improvement Costs for residential impacts by the total additional residential units and for non-residential impacts by the total additional non-residential units. E. Once every 12 months, or more frequently if it deems necessary, the City Council, shall review the Development assumptions, the Peak Hour Trip Rates, the Net Transportation Improvements Costs and the Cost Per Trip and, if necessary, amend the resolutions adopted pursuant to this ordinance to ensure that the traffic 9 1 impact fee remains a fair and equitable method for the distribution of costs of 2 constructing or providing the Transportation Improvements necessary to accommodate 3 traffic volumes generated by Development. 4 Section 11.80.060 Amount of Fee. 5 A. Each Developer, prior to obtaining a building permit or other entitle- 6 ment for Development, or at such earlier time as may be provided by City ordinance, 7 shall file with the City Engineer, on such forms as the City Engineer may develop, a 8 report indicating the number of dwelling units or the Gross Floor Area, as appropri- 9 ate, in the Development, and the extent of any proposed credits or in lieu 10 contributions as provided by this ordinance. 11 Concurrently with the submission of such report, a Developer may 12 apply for a determination of the traffic impact fee based upon a Peak Hour Trip Rate 13 different from that established by resolution pursuant to Section 11.80.050. Such 14 application shall include the amount of the fee as based on a Peak Hour Trip Rate 15 established by the resolution pursuant to Section 11.80.050 and a traffic study 16 contracted for by the City and paid for by the Developer, or such other reports or 17 analysis in lieu thereof as the City Engineer determines are sufficient to establish 18 the Peak Hour Trip Rate applicable to the Development. The Developer may also 19 submit additional information which the City Engineer shall consider insofar as he 20 determines it to be relevant to establishing the Peak Hour Trip Rate applicable to 21 the Development, including but not limited to information contained in the Trip Rate 22 Manual adopted by the Institute of Transportation Engineers. The City Engineer, 23 based upon his review and consideration of the information provided in the foregoing 24 studies, reports or analysis, and such other information as he may deem relevant, 25 may approve a Peak Hour Trip Rate for the Development which is different from that 26 set forth in Section 11.80.030) and reimburse to Developer from the Fund the 27 difference between the Fund and the Peak Hour Trip Rate approved by the City 10 ~~.~.1~37NCS 1 Engineer or require payment of costs shown to be in excess of those set forth in 2 Section 11.80.030J. Notwithstanding Section 11.80.050, the Peak Hour Trip Rate 3 applied to any residential development located within an area designated in the City 4 General Plan as a commercial or industrial Land Use Category shall be the Peak Hour 5 Trip Rate for that type of residential development as if it were located within the 6 appropriate residential Land Use Category, as determined by the City Engineer. 7 The City Engineer may require such information as he may find necessary or 8 desirable in making the determinations required by this Section 11.80.060. 9 B. The Land Use Category and amount of traffic impact fee required of 10 the Developmen t shall be determined by the City Engineer in accordance with Section 11 11.80.030G and the following formula: Peak Hour Cost Per Peak Number of 12 Fee = Trip Rate x Hour Trip x Units 13 C. For Development consisting of an addition, extension, or enlargement 14 of an existing structure, the traffic impact fee shall be paid only on any additional 15 dwelling units or additional Gross Floor Area resulting from such addition, extension 16 or enlargement. 17 D . For Development consisting of a conversion or change in use of an 18 existing structure which increases the Peak Hour Trip Rate otherwise applicable to 19 such existing structure, the traffic impact fee shall equal the fee applicable to the 20 entire new structure minus the fee originally paid at the time of the construction of 21 the existing structure. 22 E. For any structure which contains both residential and commercial, 23 office, or industrial uses, the traffic impact fee shall be calculated for the structure 24 as a whole at a uniform rate based on the predominant use of the structure or an 25 apportionment of rates as determined by the City Engineer. 26 27 11 1 F. The amount of the traffic impact fee determined in accordance with 2 the preceding Section 11.80.060B shall be reduced by the amount of any credits or 3 in lieu contributions authorized by Section 11.80.080. 4 Section 11.80.070 Payment of Fee. 5 The full amount of the traffic impact fee determined in accordance with 6 Section 11.80.060 shall be paid at the times set forth in this Section 11.80.070. 7 A . Residential Development g The fee with respect to all residential Development shall be paid on q the date of final inspection of each dwelling unit or the date the certificate of 10 occupancy is issued for each dwelling unit, whichever occurs first. 11 B. Non-Residential Development: 12 The traffic impact fee with respect to non-residential Development for 13 which building permits are issued on or after the effective date of this ordinance 14 shall be paid on or before the issuance of the certificate of occupancy. 15 C. No City official or agency, including the City's Building Department 16 may issue a certificate of occupancy for a Development until the traffic impact fee 17 with respect to such Development required by this ordinance is paid in accordance lg with this Section 11.80.070. lg Section 11.80.080 In Lieu Contributions; Credits. 20 A. The amount of the traffic impact fee otherwise payable pursuant to 21 this ordinance in connection with a Development shall be reduced by: 22 (1) The amount of the estimated construction cost of Transportation 23 Improvements which a Developer and the City agree in connection 24 with the approval of a Development shall. be constructed by the 25 Developer, based upon plans and specifications prepared by Developer 26 and approved by the City Engineer. No credit shall be allowed for 27 the cost of construction of improvements which may be required by ~~~a.1~~~'NCS 1 City pursuant to Title 20 (Subdivisions) , Ordinance 107,, (Zoning) , or 2 Title 17 (Building) . The amount of creditable construction costs shall 3 equal the total amounts to be paid by Developer for engineering, 4 inspections, actual construction, and land dedication activities for 5 Transportation Improvements, as determined by the City Engineer 6 subject to appeal to the City Council pursuant to Section 11.80..120. 7 In the event the City and the Developer agree that the Developer 8 shall construct certain Transportation Improvements, the Developer 9 shall enter into an agreement with City providing for the construction 10 of such improvements and providing adequate security therefor. The 11 foregoing shall not limit the right of City to require the construction 12 and/or dedicate improvements which the City otherwise may require 13 under Title 20 (Subdivisions) , Ordinance 1075 (Zoning) , as amended, 14 or Title 17 (Building) . 15 (2) Where Development occurs within an assessment district, fee benefit 16 area, community facilities district, or otherwise is subject to an 17 assessment, fee or special tax collected specifically to defray the 18 costs of providing or constructing Transportation Improvements, an 19 amount equal to that portion of the estimated construction cost of the 20 Transportation Improvements included in such assessments, fees or 21 special taxes which will be contributed by the development. The 22 amount of creditable construction costs shall equal the total amounts 23 to be paid by the Development through such assessments, fees, or 24 special taxes for engineering, inspections, and actual construction 25 activities for Transportation Improvements, as determined by the City 26 Engineer subject to appeal to the City Council pursuant to Section 27 11.80.120. This credit shall be adjusted for certain developers that 13 ~~.~~.1 ~ ~ 7 N C S 1 are providing funding for certain projects where the Net Transporta- 2 tion Improvement Costs have already been reduced by an estimated 3 amount of funding from assessment funds. 4 B. For phased Developments, any credits allowed pursuant to this 5 Section 11.80.080 shall be pro-rated so that the credit allowed for each phase equals 6 the product of the otherwise payable fee times the ratio which the number of units 7 of that phase bears to the number of units of the entire Development. 8 C. In no event shall a Developer be entitled to a credit in excess of the 9 fee otherwise payable pursuant to this ordinance. 10 Section 11.80.090 Exemptions. 11 A. The following projects shall be exempt, in whole or in part, from the 12 traffic impact fee otherwise required by this ordinance. 13 (1) Development for which an application for a vesting tentative map 14 authorized by Government Code Section 66498.1 was deemed complete 15 on or prior to the date of the introduction of this ordinance. 16 (2) Capital improvements and/or buildings or structures related to the 17 operation of City, Sonoma County, State or Federal governments 18 including, but not limited to, police and fire stations, park facilities, 19 parking lots, offices, equipment yards, sanitation facilities, parks and 20 similar facilities in or through which general government operations 21 are conducted; provided, however, that this subsection shall not 22 create an exemption for private commercial or industrial activities 23 conducted on public lands. 24 (3) Any projects exempt pursuant to State or Federal law. 25 Sec tion 11.80.100 Use of Funds. 26 The fees paid pursuant to the provisions of this ordinance shall be set 27 aside by the City in a special revenue fund in a manner to record the fees from 14 ~~~o~S3~NCS 1 other revenues or funds of the City, and record any expenditures for the purpose 2 of constructing or providing only the Net Transportation Improvements listed in the 3 resolution adopted pursuant to Section 11.80.050B. Any interest income earned on 4 the fund shall also be deposited therein and shall only be expended for the purposes 5 set forth in this Section 11.80.100. The City Council shall review annually fund 6 balances, projected revenues and required Transportation Improvements and make a 7 determination for use of the funds as a part of the Capital Improvement Plan and g Annual Budget, or the refunding of all or a portion thereof, as may be required by g state and local law. 10 Section 11.80.110 Refunds. 11 A. Refunds asked of the Community Development Director may be made 12 where 13 (1) The building permit expires and no extensions have been granted for 14 a Development for which the fee required under this ordinance has 15 been collected, provided that the claim for such refund is filed no 16 later than one year after the expiration date of the building permit or 17 any extension thereof as may have been approved by City, as the lg case may be; or 19 (2) A refund is specifically authorized by resolution of the City Council 20 adopted pursuant to Government Code Section 66001(d). Such 21 amounts shall be refunded by City to the then current record owner 22 or owners of the Development on a pro-rated basis. The City may 23 effect such refunding by direct payment, by providing a temporary 24 suspension of fees, or by any other means consistent with the intent 25 of Government Code Section 66001. 26 27 15 ~~~:~.1~3~NCS 1 Section 11.80.120 Appeals. 2 A Developer may appeal to the City Council any determination made 3 pursuant to this ordinance. All appeals shall be on a form prescribed by the City 4 Engineer and shall be filed within fifteen (15) days of the date of the mailing to the 5 Developer of written notice of the applicable determination. Any appeal not filed 6 within such period shall be deemed waived. 7 The hearing shall occur within two regular City Council meetings after the 8 day of receipt by the City Clerk of notice of the appeal. In making its determina- 9 tion on the appeal, the City Council shall follow the standards set forth in this 10 ordinance . 11 Section 11.80.130 Supplementary Provisions . 12 It is the intent of the City Council that the fees required by this 13 ordinance shall be supplementary to the fees, dedications or conditions imposed upon 14 Development pursuant to the provisions of the Subdivision Map Act, California 15 Environmental Quality Act and other state laws and City ordinances or policies which 16 may authorize the imposition of fees, dedications or conditions thereon. 17 Section 11.80.140 Severability. 18 The provisions of this ordinance shall not apply to any person, 19 association, corporation or to any property as to whom or which it is beyond the 20 power of the City of Petaluma to impose the fee herein provided. If any sentence, 21 clause, section or part of this ordinance, or any fee imposed upon any person or 22 entity is found to be unconstitutional, illegal or invalid, such unconstitutionality, 23 illegality or invalidity shall affect only such sentence, clause, section or part of this 24 ordinance, or person or entity, as the case may be, and shall not affect or impair 25 any of the remaining provisions, sentences, clauses, sections or other parts of this 26 ordinance, or its effect on other persons or entities. It is hereby declared to be 27 the intention of the City Council that this ordinance would have been adopted had 16 ~~~.1 ~ 3'7 N C S r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 lb 17 18 19 20 21 22 23 24 such unconstitutional, illegal or invalid sentence, clause, section or part of this ordinance not been included herein; or had such person or entity been expressly exempted from the application of this ordinance. To this end, the provisions of this ordinance are severable. Section 2. An initial study of the effect of the use on the environment has been made with the result that a determination has been made that there will be no significant effect on the environment and that the Negative Declaration is approved and certified as being complete and accurate and the City Clerk is directed to file a Notice of Determination with the Sonoma County Clerk. INTRODUCED and ordered posted this 7th day of January 1991. ADOPTED this 22nd day of January 1991 by the following vote: AYES: Read, Davis, Sobel, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss NOES: 0 ABSENT: Woolsey 25 26 ordinance 3 ORD 1 27 1/23/91 17 Ord. 1837 N.C.S.