2022/01/25 City Council Ordinance 959 AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
Pursuant to Rohnert Park Municipal Code 1.08.010
STATE OF CALIFORNIA )
ss
County of Sonoma
I, Sylvia Lopez Cuevas, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No. 959.
Ordinance 959, an Urgency Ordinance of the City Council of the City of Rohnert Park
Imposing a Moratorium on Approval of New or Expanded Automobile Service Station
Uses Involving Sale of Gasoline or Diesel Fuel Products Pursuant to Government
Code Section 65858 was published on 1/28/2022 as required by law, and posted in five (5)
public places in said City, to:
www.rpcity.orq for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park Senior Center
6800 Hunter Dr A
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on 1/28/2022.
The full text of Ordinance No. 959 was published in the Community Voice on 1/28/2022 as
required by law.
Sylvia Lopez Cuevas, City Clerk
Subscribed and sworn to before me this February 22, 2022
Elizabet Machado. eputy City Clerk
� ORDIN NCI: N0.9 _ _
P URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHN-
ERT PARK IMPOSING A MORATORIUM ON APPROVAL OF NEW OR EX-
PANDED AUTOMOBILE SERVICE STATION USES INVOLVING SALE OF
GASOLINE OR DIESEL FUEL PRODUCTS PURSUANT TO GOVERNMENT
CODE SECTION 65858
WHEREAS, Article XI, Section 7 of the California Constitution authorizes cities to
apt focal police, sanitary, and other ordinances not in conflict with general laws; and
WHEREAS, Government Code Section 65858 provides that a city legislative body
y, In order to protect public safety, health and wella re, adopt as an urgency measure
interim ordinance prohlbiting any uaos that may conflict with a contemplated general
n, Specific plan, or zoning proposal (hat tha leglslative body is considering or studying
Intends to study within a reasonable t[nio, provided such urgency measures are
iptad by four -fifths vote of the iogfsli tfvo body and Include findings that there Is it
rent and Immediate threatto tha pub lle health, safety, ar welfare, and that the approval
Additional entitlements would result in that threat to public health, safelyt or welfare;
WHEREAS, the United States Environmental Protection Agency ("EPA" j has classified
s stations and fuel storage locations as uses that may result In a brownfteld silo.
awaflefd sites are properties, the expansion, redeveiopmom, or reuse of which may
ccrnpllooted by the presence or potentlof pro sonceof a hazardous substance, pollu-
it, or contain] no int; and
WHEREAS, common conmminanis found al gas atallon shes Include gasoline, diesel,
and petroleum oil, volatile organic compounds and solvonts, Ito lycyclIs aromatic hydra-
oarbons, and lead. Exposure to the typos of cc riIDminants present, or potentially present,
at gas stations Ihreatens the public health, safety or welfare of nolghboring communities;
and
WHEREAS, the California Legislature, in enacting regulations for underground stor-
age tanks commonly used by gas stations, has made legislative findings that such un-
derground tanks, when used for the storage of hazardous substances and wastes, are
potential sources of contamination of the ground and underlying aquifers, and may pose
other dangers to public health and the environment; and
WHEREAS, with increased fuel economy standards for motor vehicles, an increase
In electric vehicles being usod for transportation, and competition from largo discount
retailers, the number of opo rating Bits slatlons Is expected to decline, and It Is expooted
that there may be a rise in the number of abandoned gas stations, which pose a direct
threat to public health and safety due to abandoned underground storage tanks, create
public noIsancos In ilia community, and Inoronso incidents of hllght: and
WHEREAS, Governor Newsom's Executive Order 6 48.18, adopted In 2010, noted that
the transportation sector resulted In 50 percent of California's total greenhouse gar. omis-
%Ions and 80 percent of the smog -forming oxides of nIirogen, and directed all state an-
Wias to work with local govern mont and the private sector to ensure at loost 5 million
zer"misslons vehicles on California roads by 2030 and tha creation of 250,000 zero
omiselon vehlots charging stations to support Stich vahlcIes; and
WHEREAS, Governor Newsom's Executive Order N-79.20, sets a goal to eliminate
nfwi gasoline -powered vehicle sales by 2035; and
WHEREAS, the City of Rohnert Park is a member of the Sonoma County Regional
Climate Protection Authority (RCPA), which has recommended that all member agencies
consider the adoption on prohibition of new gas station infrastructure by all of their
member agencies; and
WHEREAS, the City of Rohnort Park has adopted a r000iutlon recognizing the exis-
ca of a climate amorgancy, and the need to reduce and eventually eliminate harmful
onhouse gas emissions, Including those created by motor vehicle transportation;
WHEREAS, the Cfty of Rohnort Park suppons the Impiementatlon of the RC PA Cllmato
billzaliovh Strategy which includes "EV Access far All" provisions Inlonded to decor-
nlza the transportatlon sector by significantly reducing the reliance on fossil fuels
i signlfcanlly Increasing the use of electric vehicles (EVs) charged with cioon, carbon
a powar; and
WHEREAS, on October 12, 2022, the City Council reviewed a draft Climate Change
Element for the Rohnert Park General Plan, which dooumenis that 67%of the groenhouse
gas emissions in Rohnert Park are assoc Is[ad with the transportation sector; and
WHEREAS, the draft Climate Change Element for Rohnert Park sets forth goals and
pollcios to reduce the Cily's greenhouse emissions which include support for broader
adopllon or electric Vehicles (EVs) and expansion of EV charging Infrastructure; and,
WHEREAS, changes to the Munlelpal Codo that reduce fossil fuel use in the tfans-
portallon vector, and promote expansion of EV charging Infrastructure and greater adop-
Icon of electric V01cios are consistent with the regional Strategy and the City's
developing Gonoral Plan; Ind
WHEREAS, banning new putroteum-based fueling stations could support the larger
it of aNot ritying ilia vol iicla Ileat; and
WHEREAS, the City Council finds that, in general, businesses involving gasoline and
motor fuel vehicle sales may result in serious harmful effects, including but not limited
to damage to the community vision, climate change, air pollution, vehicle traffic conges-
tion, impacts on water quality, and other negative environmental or secondary effects;
and
WHEREAS, the Clly Cou.nc11 finds that In tha interest of pratectfng the public safety.
Ith, and welfare. It is necessary to explore and study further regulations concemfng
placement, establishmatlt, and operation of businesses Involved In the sale of gaso-
line, dlnsal, and other motor vehicle fuel products, Including the study of whether the
permanent prohibition of any new land uses involving such sales activity should be re-
quired; and
WHEREAS, the C4CouncIIfinds that new land uaes proposing the sale of gas oil no,
diesel, and other motor vehicle fuel products in my be proposed for cctrsVuction in the
City, and unless a moratorium is Impas ed on the Issuancn of land use or devolopmortt
antltlomanls for new gas statlon uses in the City, such devote pmant insy result I neg-
ative health, safety or other impacts on adjacent or nearby existing uses or neighbor-
hoods, absent adequate local raguiatlon addressing Compatibility; and
WHEREAS, the adoption of a temporary moratorium Is necessary to allow City staff,
the City Council, and the people of the t Ity of Rohnort Park sufficient time to analyze
the burdens that such land uses currently pose and arc likely to pose In the future, to
that appropriate land uaa controls and zoning changes may be adopted, If neaded;
NOW THEREFORE, the City Council of the City of Rohnert Park does ordain as fol-
lows:
Section 1. Recitals. The above recitals are adopted as findings of the City Council
In enacting this ordinance.
Section 2. Adoption of Moratorium — In order to protect the public health, safety
and welfare and pursuant to the provisions of Government Code sectlon 65858, a Ism.
porary moratorium Is hereby placed on the approval of any type of entitlement of any
permlt of any kind that would allow the establishment, expansion, or relocation of any
automotive service station, as defined in Rohnert Park Munlcipal Codo section 17,04.030,
that Is engaged In the sale of gasoline, diesel or other motor fuel products. Notwithetand•
Ing any of hot ordlnorea or provision of the Rohnert Park Municipal Code, no application
for an entitlement or permit for such ahe] I be approved during the tern of this temporary
moratorium as enacted by this inter]in Ordinance.
Section 3. Planning Studies —City staff shall promptly commence the studies they
may deem necessary and appropriate to make a race nhmondallon to this City Council
rogard]ng the structuring of the General Plan, zoning and other necessary regulatory
controls over lha uses subject to the temporary moratorium wllhln the Clly of Rohnert
Park. In accordance with Government Code Section 0589(d), City staff Shall prepare
and submit for Cfly Council adoption, at least tan (10) days prier to the expiration of this
Interim Ordinencs, or any extension he roof, a written report of moasures taken to alleviate
the condition which led to the adopt€an of this ordinance.
Sectlon 4, Environmental Review. The City Council finds the approval of this ordl-
nonce Is exempt under Sections 15060(c)(2) of the CEOA Guidelines, as tha activity will
not result in a dlrector reasonable foreseeable Indhect physical change in the anviron-
nhant, and aISO oxempt under Sectlen 15061(b)(3) of the CEQAGuidolInes because It can
be seen with certainly that Share is no possibility that the adoption of this ordinance may
have a slgnInca nI effect on the anvironrnent. In the atlamative, the City Council deter•
mines that the basic purpose of this action Is to prohibit dovelopmern t or expansion of
gasoline stations In the City In order to protect the public heatlh, safety, and genera] wel-
fare, for the duration of the term of the temporary moratorium, and therefore ie an action
for the protection of the environment and Is categorically exempt pursuant to CEQA
Guidelines section 15308 (actions by regulatory agencies for ilia protection of environ-
ment). Staff are directed to fle a notice of exemption for this 0rdInonce,
Section S. Severabilily, The City Council hereby declares that every section, para-
graph, sentence, clause, and phrase of this ordinance Is severable. If any section, para-
graph, sentence, clause or phrase of this ordinance Is for any reason found to be invalid
or uneonstitudonal, such Inyalldlty, or unccnatltutleralfly shall not affect thavalid lty or
constitution allty of the ramainingsec0ons, paragraphs, sentences, clauses. or phrases.
Section 6. Effective Date. This ordinance is adopted as an Interim urgency zoning
ordinance pursuant to Government Code settleri 65858 and shall be In full force imma-
dlately upon adoption by a four -fifths vote, and shall be of no further force and effect 45
days from Its adoption unless extended in the manner provided for by Iaw.
Section 7. Publication, The City Clerk is dlrocted to cause this erdinanco to be pub-
lished In the mannef required by low.
PASSED, APPROVED, AND ADOPTED this 251h day of January 2022 by the following
roil call vote:
AYES: 5 (Five) Councllmembers Adams, Guldice and Stafford,
Vice Mayor Linares and Mayor Elward
NOES: 0 (Zero)
ABSENT: 0 (Zero)
ABSTAIN: 0 (Zero)
CITY OF ROHNERT PARK
Jackie Elward, Mayor
ATTEST: —
Sylvia Lopez Cuevas, City Clerk
APPROVED AS TO FORM:x_�
Michelle Marchetta Kenyon, City Attorney
STATE OF CALIFORNIA ] CITY CLERK'S CERTIFICATION OF
COUNTY OF SONOMA j as. THE ADOPTION OF ORDINANCE
CITY OF ROHNERT PARK )
I, Sylvia Lopez Cuevas, Assistant City Clerk of the City of Rohnort Park, do hereby
cortlty that the foregoing Ordinance No, 959 was Introduced and adopted, as an urgency
maasuro purau ant to Cal klomis GovornmeM Code section 36937 (b), at a regular meeting
of the City Council on the 25th day of January 2022 by the following roil -call vote:
AYES.- 5 (Five) Councllmombers Adams, Guldice and Stafford, Vice Mayor
Linares and Mayor Elward
NOES: 0 (Zero)
ABSENT: 0 (Zero)
ABSTAIN: 0 (Zero)
Publish Date:
January 28, 2022
The Community Voice
ROHNERT PARK
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Ordinance No. 959
FEB Q 3'2021
CITY CLERK
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all; times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the
State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expressing in general terms, the purport and character of the notice intended to be given; that the "City of Rohnert Park, Ordinance
No. 959" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s), commencing on the 28
day of January, 2022 and ending on the 28 day of January, 2022.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 28 day of January, 2022 at Rohnert Park, California
Signed
Claudia Smith Chief Clerk
ORDINANCE NO. 959
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK IMPOSING A MORATORIUM ON APPROVAL OF NEW OR EXPANDED
AUTOMOBILE SERVICE STATION USES INVOLVING SALE OF GASOLINE OR
DIESEL FUEL PRODUCTS PURSUANT TO GOVERNMENT CODE SECTION 65858
WHEREAS,Article XI, Section 7 of the California Constitution authorizes cities to
adopt local police, sanitary, and other ordinances not in conflict with general laws; and
WHEREAS, Government Code Section 65858 provides that a city legislative body may,
in order to protect public safety, health and welfare, adopt as an urgency measure an interim
ordinance prohibiting any uses that may conflict with a contemplated general plan, specific plan,
or zoning proposal that the legislative body is considering or studying or intends to study within
a reasonable time,provided such urgency measures are adopted by four-fifths vote of the
legislative body and include findings that there is a current and immediate threat to the public
health, safety, or welfare, and that the approval of additional entitlements would result in that
threat to public health, safety, or welfare; and
WHEREAS,the United States Environmental Protection Agency ("EPA") has classified
gas stations and fuel storage locations as uses that may result in a brownfield site. Brownfield
sites are properties, the expansion, redevelopment, or reuse of which may be complicated by the
presence or potential presence of a hazardous substance,pollutant, or contaminant; and
WHEREAS, common contaminants found at gas station sites include gasoline, diesel,
and petroleum oil, volatile organic compounds and solvents,polycyclic aromatic hydrocarbons,
and lead. Exposure to the types of contaminants present, or potentially present, at gas stations
threatens the public health, safety or welfare of neighboring communities; and
WHEREAS,the California Legislature, in enacting regulations for underground storage
tanks commonly used by gas stations, has made legislative findings that such underground tanks,
when used for the storage of hazardous substances and wastes, are potential sources of
contamination of the ground and underlying aquifers, and may pose other dangers to public
health and the environment; and
WHEREAS,with increased fuel economy standards for motor vehicles, an increase in
electric vehicles being used for transportation, and competition from large discount retailers, the
number of operating gas stations is expected to decline, and it is expected that there may be a rise
in the number of abandoned gas stations, which pose a direct threat to public health and safety
due to abandoned underground storage tanks, create public nuisances in the community, and
increase incidents of blight; and
WHEREAS, Governor Newsom's Executive Order B-48-18, adopted in 2018, noted that
the transportation sector resulted in 50 percent of California's total greenhouse gas emissions and
80 percent of the smog-forming oxides of nitrogen, and directed all state entities to work with
local government and the private sector to ensure at least 5 million zero-emissions vehicles on
California roads by 2030 and the creation of 250,000 zero emission vehicle charging stations to
support such vehicles; and
WHEREAS, Governor Newsom's Executive Order N-79-20, sets a goal to eliminate
new gasoline-powered vehicle sales by 2035; and
WHEREAS, the City of Rohnert Park is a member of the Sonoma County Regional
Climate Protection Authority(RCPA), which has recommended that all member agencies
consider the adoption on prohibition of new gas station infrastructure by all of their member
agencies; and
WHEREAS,the City of Rohnert Park has adopted a resolution recognizing the existence
of a climate emergency , and the need to reduce and eventually eliminate harmful greenhouse
gas emissions, including those created by motor vehicle transportation; and
WHEREAS,the City of Rohnert Park supports the implementation of the RCPA Climate
Mobilization Strategy which includes "EV Access for All"provisions intended to decarbonize
the transportation sector by significantly reducing the reliance on fossil fuels and significantly
increasing the use of electric vehicles (EVs) charged with clean, carbon free power; and
WHEREAS, on October 12, 2022, the City Council reviewed a draft Climate Change
Element for the Rohnert Park General Plan, which documents that 67% of the greenhouse gas
emissions in Rohnert Park are associated with the transportation sector; and
WHEREAS, the draft Climate Change Element for Rohnert Park sets forth goals and
policies to reduce the City's greenhouse emissions which include support for broader adoption of
electric vehicles (EVs) and expansion of EV charging infrastructure; and.
WHEREAS, changes to the Municipal Code that reduce fossil fuel use in the
transportation sector, and promote expansion of EV charging infrastructure and greater adoption
of electric vehicles are consistent with the regional Strategy and the City's developing General
Plan; and
WHEREAS, banning new petroleum-based fueling stations could support the larger goal
of electrifying the vehicle fleet; and
WHEREAS, the City Council finds that, in general, businesses involving gasoline and
motor fuel vehicle sales may result in serious harmful effects, including but not limited to
damage to the community vision, climate change, air pollution, vehicle traffic congestion,
impacts on water quality, and other negative environmental or secondary effects; and
WHEREAS, the City Council finds that in the interest of protecting the public safety,
health, and welfare, it is necessary to explore and study further regulations concerning the
placement, establishment, and operation of businesses involved in the sale of gasoline, diesel,
and other motor vehicle fuel products, including the study of whether the permanent prohibition
of any new land uses involving such sales activity should be required; and
WHEREAS, the City Council finds that new land uses proposing the sale of gasoline,
diesel, and other motor vehicle fuel products may be proposed for construction in the City, and
unless a moratorium is imposed on the issuance of land use or development entitlements for new
gas station uses in the City, such development may result in negative health, safety or other
impacts on adjacent or nearby existing uses or neighborhoods, absent adequate local regulation
addressing compatibility; and
WHEREAS, the adoption of a temporary moratorium is necessary to allow City staff,the
City Council, and the people of the City of Rohnert Park sufficient time to analyze the burdens
Ordinance No. 959
2
OAK#4861-6807-6553 v3
that such land uses currently pose and are likely to pose in the future, so that appropriate land use
controls and zoning changes may be adopted, if needed;
NOW THEREFORE,the City Council of the City of Rohnert Park does ordain as
follows:
Section 1. Recitals. The above recitals are adopted as findings of the City Council in
enacting this ordinance.
Section 2. Adoption of Moratorium—In order to protect the public health, safety
and welfare and pursuant to the provisions of Government Code section 65858, a temporary
moratorium is hereby placed on the approval of any type of entitlement of any permit of any kind
that would allow the establishment, expansion, or relocation of any automotive service station, as
defined in Rohnert Park Municipal Code section 17.04.030, that is engaged in the sale of
gasoline, diesel or other motor fuel products. Notwithstanding any other ordinance or provision
of the Rohnert Park Municipal Code, no application for an entitlement or permit for such shall be
approved during the term of this temporary moratorium as enacted by this interim Ordinance.
Section 3. Planning Studies—City staff shall promptly commence the studies they
may deem necessary and appropriate to make a recommendation to this City Council regarding
the structuring of the General. Plan, zoning and other necessary regulatory controls over the uses
subject to the temporary moratorium within the City of Rohnert Park. In accordance with
Government Code Section 65858(d), City staff shall prepare and submit for City Council
adoption, at least ten (10) days prior to the expiration of this interim Ordinance, or any extension
hereof, a written report of measures taken to alleviate the condition which led to the adoption of
this ordinance.
Section 4. Environmental Review. The City Council finds the approval of this
ordinance is exempt under Sections 15060(c)(2) of the CEQA Guidelines, as the activity will not
result in a direct or reasonable foreseeable indirect physical change in the environment, and also
exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty
that there is no possibility that the adoption of this ordinance may have a significant effect on the
environment. In the alternative, the City Council determines that the basic purpose of this action
is to prohibit development or expansion of gasoline stations in the City in order to protect the
public health, safety, and general welfare, for the duration of the term of the temporary
moratorium, and therefore is an action for the protection of the environment and is categorically
exempt pursuant to CEQA Guidelines section 15308 (actions by regulatory agencies for the
protection of environment). Staff are directed to file a notice of exemption for this Ordinance.
Section 5. Severability. The City Council hereby declares that every section,
paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph,
sentence, clause or phrase of this ordinance is for any reason found to be invalid or
unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or
constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.
Section 5. Effective Date. This ordinance is adopted as an interim urgency zoning
ordinance pursuant to Government Code section 65858 and shall be in full force immediately upon
Ordinance No. 959
3
OAK#4861-6807-6553 v3
adoption by a four-fifths vote, and shall be of no further force and effect 45 days from its adoption
unless extended in the manner provided for by law.
Section 6. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
This ordinance was introduced on liAnvar4Aisg and adopted by the Council of the City
of Rohnert Park on Tra,0126f2ag by the following roll call vote:
AYES:Councilrnelyivx5 Cru�iu- 1011in sworth-Fldc..ms, Sf a-(fuvd, MCI 1 ..fur Ltruu6'Ma"-lam' ElY Ucl
NOES: None
ABSENT:None
ABSTAIN:None
CITY OF ROHNERT PARK
Ja ie Elwar
ATTEST: -
,
Sylvia Lop z uevas, City Clerk
APP VE S T .•
Michelle Ma chetta Kenyon, City Attorney
Ordinance No. 959
4
OAK#4861-6807-6553 v3