2022/03/08 City Council Ordinance 961 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. 961.
Ordinance 961, an Urgency Ordinance of the City Council of the City of Rohnert Park
Extending 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 3/11/2022 as required by law, and posted in five (5)
public places in said City, to:
www.rpcity.org 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 3/11/2022.
The full text of Ordinance No. 961 was published in the Community Voice on 3/11/2022 as
required by law.
Sylvia Lopez Cuevas, City Clerk
Subscribed and sworn to before me this March 30, 2022
Elizabeth Machado, Deputy City Clerk
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. 961
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. 961" of which the annexed is a printed copy, was published in said newspaper at least 2 consecutive time(s), commencing on the 11
day of March, 2022 and ending on the 11 day of March, 2022.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 11 day of March, 2022 at Rohnert Park, California
Signed
Claudia Smith Chief Clerk
ORDINANCE NO.961
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK EXTENDING 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
i
WHEREAS, Article XI, Section 7 of the California Constitution authorizes cities to adopt local police, sanitary, and other ordinances
r
not In conflict with general laws; and
Q N
®—
WHEREAS Government Code Seciian 65858 provides that a city legislative body may, in artier to protect public safety, health and
interim biting any uses that may conflict with a contemplated general plan,
N Lii
welfare, adopt as an urgency measure an ordinance prohl
specifft plan, or zoning proposal that the legislative body is considering or studying or intends to study within a reasonable time, Pro-
is and
vided such urgency measures are adopted by Four -fifths vote of the legislative beady and include findings that there a current
Immediate threat to the public health. safety. or welfare, and that the approval of additional erditlerrents would result in that threat to
w
public health, safety, or welfara: and
Z Q ®
i
WHEREAS, On January 257 2022, pursuant to Government Code section 65858, following notice and a public hearing, the City
Council adopted an Urgency ordinance establishing a 4.5-day meratorlum on the approval of new or expanded automobile service Ste -
1
'on uses involving sale of gasoline or diesl fuel products (the'lntarim Ordinance°).
WHEREAS. Pursuant to Government Code section 65858, the City may, after notice and a public hearing, extend the Interim Ordi-
nance for an adddional period of up to 22 months and 15 days.
WHEREAS, the United States Envlronmeatal Protection Agency ("EPA") has classified gas stations and fuel storage locations as
rises that may result in a brownfiield site. Brownfield sites are properties, the expansion, redevelopment or reuse of which may be
Damp, Icated by the presence of potential presence of a hazardous substance, pollutant, or Contaminant; and
WHEREAS, common contaminants found at gas stasfon sites include gasoline, diesel, and petroleum oil, volatile organic campouIlds
and solvents, polycyclic aromatic hydrocarbons, and lead. Exposure to the types of contaminards present. or potentially present, at
gas stations threatens the public health, safety or welfare of neighboring Comm unhies; and
WHERFr453 the California Legislature, in enacting regulations for underground storage tanks commonly used by gas stations, has
made �egtslative findings that such underground tanks. when used for the storage of hazardous subsances 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 stat ons 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 un.
derground storage tanks, create public nuisances in the community, and increase Incidents of bilght; and
WHEREAS, Governor Newsom's Executive Order 8-48-18, adopted in 2018. noted that the transportation sector resulted in 50
and 80 of the smog -forting oxides of nitrogen. and directed all state
percent of California's total greenhouse gas emissions percent
enttties to work with local government and the private sector to ensure at least 5 million zero -emissions vehicles an Califomia 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 goelto eliminate new gasoline -powered vehicle sales by 2015:
and
WHEREAS, the Cityof Rohneft Park is a member of the Sonoma County Regional CGmata Protection Authority {RCPA), which has
of new station infrastructure by all of their member
recommended that all member agencies consider the adoption on prohibition gas
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 eliminats harmful greenhouse gas emissions, including those created by motor vehicle transportation; and
WHEREAS, the City of Rohnen Park supports the implementation of the RCPA Climate Mobilizatloa Strategy which includes "EV
intended to decarbonae the transportation sector by aignificarttiy reducing the rellance on fossil fuels and
Access for All" provisions
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,
in Rohnen Park are associated whii the transportation sector; and
which documents that 67% of the greenhouse gas emissions
WHEREAS, the draft Climate Change Element for Rohnert Park sets forth gnats and policies to reduce the City's greenhouse emis-
for broader adoption of electric vehicles (EVs) and expansion of EV charging infiaslructure; and.
sions which include support
WHEREAS, changes to the Municipal Coda that reduce fossll fuei use in the liansportation sector. and promote expansion of EV
dharging infrastructure and greater adoption of electric vehicles are consistent with the regional Strategy and the City s devaloping
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 affec',.s, 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 a sscondary effects; and
WHEREAS, the City Council finds that in the interest of protecting the public safety, health, and welfare, it is necessary to explore
the establishment, arc operation of businesses involved in the sale of gasoline,
and study further regulations concerning placement,
dies 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 propasing the sale of gasoline, diesel, and other motor vahicle fuel products
for in the City, and unless a moratarium is Imposed on the Issuanea of land use or development antl-
may be proposed construction
4ements for new gas station uses in the City, such development may result in negarive health, safety or other impacts on adjacent or
nearby Misting was 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
burdens that such land uses currently pose and are likely to pose in the future, so that W
Rohnen Park sufficient time to analyze the
propriate land use controls and zoning charges 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. Eittertsion of Moreorlum - In order to protect the public heft, safety and welfare and pursuant to the
Provisions of Government Cade section 65858, the temporary moramdurn enacted by Ordinance No. 959
OR the approval of any type of entttlsment of any permit of any kind that would allow the establishment,
expansion, or relocation of any automotive service station, as defined In Rohneri Park Municipal Code
section 17.04.030, that is engaged In the sale of gasoline, diesel or other motor fuel products, Is hereby
extended for an additional 22 months and 15 days. Notwithstanding any other ordinance or provision of the
Rohnen Park Municipal Code, no application for an entittsment Or permit for such use shall be approved
during the tarn of this temporary moratorium as extended by this Ordinance.
Section 3. Planning Studies -- City staff shall pmmpty commence the studies they may deem necessary and appropriate
to make a recommandation 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
Rohmert Park In accordance with Government Code Section 65858id). City staff shall prepare and submit
for Clty Council adoption, at least ten 1101 days prior to the expiration of this Ordinance, a written report of
measures taken to 33leviate 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)(21 of the C EOA Guidelines, as theactivity 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 he seers with certainty that there is no possfbl% that the adoption of this ordinance may
have a significant effect on the environment. In the aktematiM the City Council determines that the basic
purpose of this action is to prohthit 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 categorlCMIY exempt
pursuant to CEGA Guidelines section 15308 factions by regulatory agencies for the protection of
environment). Staff are directed to rile a notice of exemption for this Ordinance.
Section 5. SevarabiIity. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase
of this ordinance is severable. If any staaon, paragraph, sentence, clause or phrase of this ordinance is for
any reason found to be immild or unconstitutional, such invalldity, or unconstitutionallty shall not affect the
validity or constitutionailly of the remaining sections. paragraphs, sentences, clauses, or phrses.
Section 5. Effective Date. This ordinance is adopted as ar. interim urgency zoning ordinance pursuant to Government
Code section 65858 and shall be in full force immediately upon adoption by a four -fifths vote, and shall be
of no further farce and effect twenty-two months and fifteen days from its adoption.
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 March 8, 2022 and adopted by the Council of the City of Rohnert Park on March 8, 2022, by th
awing roll call vote:
AYES: Five (5) Councilmembers Gtudice, Hollingsworth -Adams, Stafford, Vice Mayor Linares and Mayor Elward
NOES: Zero (0)
ABSENT: Zero (0)
ABSTAIN: Zero (0) CITY OF ROHNERT PARK
Jackie Elward, Mayor
ATTEST:
Sylvia Lopez Cuevas, City Clerk, City of Rohnert Park
APPROVED AS TO FORM:
Michelle Marchetta Kenyon, Rohnert Park City Attorney
Published: March 11, 2022
The Community Voice
ORDINANCE NO. 961
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK EXTENDING 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, On January 25, 2022, pursuant to Government Code section 65858,
following notice and a public hearing,the City Council adopted an Urgency Ordinance
establishing a 45-day moratorium on the approval of new or expanded automobile service station
uses involving sale of gasoline or diesel fuel products (the "Interim Ordinance").
WHEREAS, Pursuant to Government Code section 65858, the City may, after notice and
a public hearing, extend the Interim Ordinance for an additional period of up to 22 months and
15 days.
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
1
OAK#4861-6807-6553 v3
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
2
OAK#4861-6807-6553 v3
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
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. Extension of Moratorium—In order to protect the public health, safety
and welfare and pursuant to the provisions of Government Code section 65858, the temporary
moratorium enacted by Ordinance No. 959 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, is hereby extended for an
additional 22 months and 15 days. Notwithstanding any other ordinance or provision of the
Rohnert Park Municipal Code, no application for an entitlement or permit for such use shall be
approved during the term of this temporary moratorium as extended by this 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 Ordinance, 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.
3
OAK#4861-6807-6553 v3
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
adoption by a four-fifths vote, and shall be of no further force and effect twenty-two months and
fifteen days from its adoption.
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 March 8, 2022 and adopted by the Council of the City
of Rohnert Park on March 8, 2022, by the following roll call vote:
AYES: (punCilwv yiloe+'s 6i1Lrvic�, Nollit-q.v./or-J*1-Rta.ms. 61 -fDrd, Vice. ma,L.ia- Linares, AA'-e'r rctward
NOES: NI one
ABSENT: NI one
ABSTAIN: 1Jdru-
CITY OF ROHNERT PARK
c ie Elw
ATTEST:
Sylvia Lopez Cue s, City Clerk
AP ROVED A TO/FORM:
i elle Marchetta Kenyon, Cit Attorney
4
OAK#4861-6807-6553 v3