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HomeMy WebLinkAboutItem 6.1 MoratorBldgPermitAgriZns CITY CLERK File # D~-[Z]ra . AGENDA STATEMENT CITY COUNCil MEETING DATE: March 4, 1997 EXHIBITS ATTACHED: PUBLIC HEARING - Adoption of an Interim Urgency Ordinance Imposing a Moratorium on Applications for Building Permits for Accessory Structures in Agricultural Zones (Report Prepared by Eddie Peabody, Jr. Community Development Director) tfy' 1) Interim Urgency Ordinance SUBJECT: RECOMMENDATION: 1) Open Public Hearing 2) Receive Staff Presentation and Public Comments ^ /' 3) Close Public Hearing t(Z1Nk' 4) Deliberate 5) Waive reading and Adopt Urgency Ordinance (Exhibit 1) FINANCIAL STATEMENT: None DESCRIPTION: The proposed Interim Urgency Ordinance will impose a moratorium on applications for building permits in .8\gricultural Zoning Districts during a contemplated study of an Amendment of the Zoning Ordinance to '~equire a Conditional Use Permit and/or Site Development Review for Accessory Structures in Agricultural Zones. The City of Dublin is in the process of revising the City's Zoning Ordinance. As a part of those revisions, the scope of review of accessory structures in the Agricultural Zoning Districts is being evaluated. Recently, the City has experienced conflicts in the areas of urban/rural interface andthis ordinance will give the City time to fully study these issues. Section 65858 of the Government Code provides for the adoption of urgency ordinances prohibiting any uses which may conflict with a contemplated zoning proposal or study to be undertaken by a local governmental agency within a reasonable time. If approved this Ordinance will be in effect for 45 days. It can be extended by action of the City Council for a total period of time not to exceed ten months and 15 days. Additionally, it can be rescinded by the City Council earlier than 45 days if they feel it necessary. This Interim Urgency Ordinance must be adopted by a 4/5 vote of the City Council. The draft revised Zoning Ordinance will be completed within the next month, and it is anticipated that it will be available for public review in April, 1997. The revised Zoning Ordinance will address the scope and review for uses and structures in Agricultural Zoning Districts. . - - - ---------.........................--. - - - -............... ~ - - - - --"""'"'""'" - -............- - - -- - -............... - - - ~ ~ COPIES TO: In house distribution ITEM NO. 6.1. g:agenda\97\3-4agst RECOMMENDATION: Staff recommends that the City Council conduct a public hearing, waive the reading and adopt the Interim Urgency Ordinance (Exhibit 1) establishing a moratorium on the issuance of building permits for accessory structures in Agricultural Zoning Districts. . . . g:agenda\ 1997\3-4agst . . . ORDINANCE NO. - 97 AN INTERIM URGENCY ORDINANCE OF THE CITY OF DUBLIN IMPOSING A MORATORIUM ON APPLICATIONS FOR BUILDING PERMITS IN AGRICULTURAL ZONES DURING A CONTEMPLATED STUDY OF AN AMENDMENT OF THE ZONING ORDINANCE TO REQUIRE A CONDITIONAL USE PERMIT AND/OR SITE DEVELOPMENT REVIEW FOR ACCESSORY STRUCTURES IN AGRICULTURAL ZONES The City Council of the City of Dublin does hereby ordain as follows: SECTION 1. Contemplated Study of Zoning Ordinance Amendment. Pursuant to the provisions of California Government Code Section 65858, the City Council does hereby adopt this Interim Urgency Ordinance temporarily restricting acceptance or processing of applications for accessory structures in Agricultural Districts during a contemplated study of an amendment of the City's Zoning Ordinance to require a Conditional Use Permit and/or Site Development Review for accessory structures in Agricultural Districts. SECTION 2. Moratorium on Accessorv Structures in Agricultural Districts. NotWithstanding any other ordinances or regulations of the City of Dublin to the contrary, no building permit, grading permit or other ministerial or discretionary entitlement for an accessory structure in an Agricultural District shall be accepted for processing, processed, approved or granted while this ordinance remains in effect. SECTION 3. Urgencv Ordinance. This Ordinance is an urgency Ordinance enacted for the preservation of the public health, safety or welfare, and shall therefore go into effect immediately upon its adoption. The basis and justification constituting the urgency for the adoption of this Ordinance is as follows: Section 65858 of the Government Code provides for the adoption of urgency Ordinances prohibiting any uses which may conflict with a contemplated zoning proposal or study to be undertaken by a local government agency within a reasonable time. Due to the recent construction of an accessory structure in an Agricultural District which has caused concern in the community, the City intends to forthwith commence a review of the provisions of its Zoning Ordinance relating to accessory structures in Agricultural Districts, including but not limited to the appropriateness of requiring Conditional Use Permits and/or Site Development Review for such structures. The Council does hereby find that by reason of the matters set forth hereinabove, there exists a present and immediate threat to the public health, safety and welfare unless development of accessory structures in Agricultural Districts within the City of Dublin is temporarily restricted during the conduct of the above referenced study and the contemplated revision of the Zoning Ordinance. The Council further finds that the approval of building permits, grading permits and other ministerial or discretionary entitlements for such structures within the City at this time would result in a threat to the public health, safety or welfare in that such development may well conflict with provisions of proposed amendments to the Zoning Ordinance which may be enacted as a result of the study referred to herein. . SECTION 4. Ordinance Terminates in 45 Davs. This interim Ordinance shall by operation of law be of no further force and effect 45 days from and after the date of its adoption; provided, however, that after notice and public hearing the Council may by a four-fifths vote extend this interim Ordinance for a total period of time not to exceed ten months and 15 days. SECTION 5. Effective Date and Posting. This Ordinance is declared to be an urgency measure and shall be in force and effective immediately upon its adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. . PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this 4th day of March, 1997, by the following vote: AYES: NOES: ABSTAIN: ABSENT Mayor ATTEST: City Clerk .