RIS312967 Uitfaseren tankstations bijlage 1

CEQA Guidelines Section 15301, which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.

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CEQA Guidelines Section 15303, which applies to the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.

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CEQA Guidelines Section 15304, which applies to minor public or private alterations in the condition of land, water, and/or vegetation (e.g., new gardening or landscaping, including the replacement of existing conventional landscaping with water efficient or fire resistant landscaping, minor trenching and backfilling where the surface is restored).

Section 3. A.

Zoning Text Amendments.

The following amendments to the SmartCode are hereby adopted in accordance with the findings pursuant to Sections 25.010 and 25.050 of the City’s IZO that are contained in this ordinance: 1. Section 3 (Building Function Standards), Section 3.10.030 (Permit Requirements for Allowable Uses) shall be revised as follows: a) For the Gas Station land use, the table shall indicate “-“; meaning the use is not allowed in any zoning district. b) For every zoning district, a new land use of Zero Emission Vehicles (Battery Charging Station) shall be identified as “P,” meaning the use is Page 6 of 8

ATTACHMENT 2 permitted in every zoning district, and with a new footnote of “5” stating, “Pursuant to Government Code Section 65850.7, this Smart Code requires no permit for stations.” c) For the T5 and D4 zoning districts, a new land use of Zero Emission Vehicles (Hydrogen Fuel Cell Station) shall be identified as “CUP” meaning the use is permitted in those zones, and with a new footnote of “6” stating, “Allowed with CUP when located on site of an existing Gas Station land use.” 2. Section 9 (Glossary), Section 9.10.020 (Definitions of Specialized Terms and Phrases) shall be revised as follows (strikethrough = deletion; underline = addition): a) “Electric Vehicle Supply Equipment. The hardware, including connectors, fixtures, devices, and other components required to charge an electric vehicle.” b) “Gas Station. A retail business selling gasoline or other motor vehicle fuels, and related products, derived from fossil fuels (e.g., petroleum, coal, natural gas). A gas station may also include a convenience store, vehicle services, restaurant facilities, and /or trailer rental where authorized by the Conditional Use Permit for the gas station.” c) “Zero Emission Vehicle. A zero emission vehicle is any type of vehicle that has no tailpipe emissions. Vehicles run on electric motors and are powered by electricity delivered from batteries or hydrogen and fuel cells.

In contrast to conventional internal combustion vehicles, zero emission vehicles prevent air pollution, lower greenhouse gas emissions, and help integrate renewable energy into the transportation sector. There are two kinds of zero emission vehicles: plug-in electric vehicles and hydrogen fuel cell electric vehicles.” d) “Zero Emission Vehicles (Battery Charging Station). An accessory use consisting of one or more electric vehicle charging spaces served by an electric vehicle charger or other charging equipment. This includes any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.” e) “Zero Emission Vehicles (Hydrogen Fuel Cell Station). One or more hydrogen fuel cell filling spaces served by equipment that stores, conveys, and dispenses hydrogen to zero emission vehicles.” Section 4. Severability. If any provision of the ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are Page 7 of 8

ATTACHMENT 2 severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. Section 5. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 6. Publication. The City Clerk is hereby directed to publish or post this Ordinance or a synopsis for the period and in the manner provided by the City Charter and any other applicable law.

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