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CITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 1, 1997
SUBJECT:
PUBLIC HEARING - Adoption of an Urgency Ordinance Extending a
Moratorium on Applications for Building Permits for Accessory
Structures in Agricultural Zones for 10 Months and 15 Days.
(Report Prepared by Eddie Peabody, Jr., Community Development Director)
EXHIBITS ATTACHED:
1 ) Status Report
2) Urgency Ordinance
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1) Open Public Hearing
2) Receive Staff Presentation and Public Comments
3) Close Public Hearing
4) Deliberate
5) Accept the Status Report (Exhibit 1)
6) Waive reading and Adopt Urgency Ordinance extending the
moratorium on applications for building permits for accessory
structures in Agricultural Zones for 10 months and 15 days (Exhibit 2)
RECOMMENDATION:
,,'" FINANCIAL STATEMENT: None
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DESCRIPTION:
The proposed Urgency Ordinance will extend the moratorium (approved as an Interim Urgency Ordinance by
the City Council on March 4, 1997) on applications for building permits for accessory structures in
Agricultural Zoning Districts 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 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 urbani rural interface and this 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 an.: lses
which may conflict with a contemplated zoning proposal or study to be undertaken by a local governmemal
agency within a reasonable time. If approved, this extension of the Interim Urgency Ordinance will be in
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COPIES TO: In house distribution
Syed Bukhari
Robert Nielsen
Dublin Valley Kennel
Valley Christian Center
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effect for ten months, fifteen days. This Ordinance can also be rescinded by the City Council earlier than ten
months, fifteen days if they feel it necessary. This Urgency Ordinance must be adopted by a 4/5 vote oftlte .
City Council.
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Status Report:
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The draft revised Zoning Ordinance will be completed within the next few months. The revised Zoning
Ordinance will address the scope and review for uses and structures in Agricultural Zoning Districts.
Section 65858 of the California Government Code requires that the City Council prepare a report ten days
prior to the expiration of the Interim Urgency Ordinance describing the measures taken to alleviate the
condition which led to the adoption of the Ordinance (Exhibit 1).
RECOMMENDATION:
Staff recommends that the City Council conduct a public hearing, accept Exhibit I, the Status Report, and
waive the reading and adopt the Urgency Ordinance, Exhibit 2, extending the moratorium on the issuance of
building permits for accessory structures in Agricultural Zoning Districts.
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MORATORIUM ON ACCESSORY STRUCTURES
IN AGRICULTURAL ZONING DISTRICTS
STATUS REPORT OF THE CITY COUNCil
April 1, 1997
The following report has been prepared pursuant to the requirements of
California Government Code Section 65868, which requires that the City Council
issue a written report describing the measures taken to alleviate the condition
which led to the adoption of the ordinance.
Since the adoption of Interim Urgency Ordinance No. 5-97, Imposing a
Moratorium on Applications for building permits in agricultural zones during a
contemplated study of an amendment to the zoning ordinance to require a
conditional use permit and/or site development review for accessory structures in
agricultural zones, the following progress has taken place:
1.
Accessory Structure located at 8172 Via Zapata:
On February 24, the accessory structure was severely damaged due to high
winds. The cables anchoring the structure to the foundation were destroyed.
Upon investigation by the,Building Official, the metal structure was ordered to be
demolished and removed from the site by Sunday, March 2,1997.
At the February 25, Planning Commission meeting, Mr. Bukhari, the property
owner, announced that he would tear down the structure and agreed to meet
with homeowners and the City when he has a proposal for a new barn location.
Staff also offered suggestions to him on the location, design and access to a
new structure.
At the March 4, 1997, City Council Meeting, Mr. Bukhari and the City Council
agreed to sign an agreement. The main points of the agreement are:
. Mr. Bukhari would agree not to construct a new shed on the existing location.
. The City would favorably consider lifting the interim Ordinance to allow a new
shed on a location to be determined by City Staff; to have less visual impact;
to be compatible with adjacent structures; and be of appropriate design.
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EXHIBIT 1
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· Should Mr. Bukhari file a parcel map to divide his Bloomington residential
property, the City will consider his request promptly.
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· Mr. Bukhari's fee for a new barn would be waived because he has already
paid for an earlier permit.
The structure has been demolished and removal of the building materials is
presently being accomplished by the property owner.
All property owners (4) of agriculturally-zoned property have been sent a letter
describing the Interim Urgency Ordinance and the plan for completing the Zoning
Ordinance.
2. Revised Zoninq Ordinance:
Specific changes related to approvals of accessory structures in
Agricultural Zoning Districts are in the process of being completed as of this
date. They would regulate the design, location and appearance of such
structures through a CUP/SDI process. These proposed changes will be
incorporated into the revised Zoning Ordinance now being readied for the public
hearing process.
Hearings are anticipated within three months before the Planning
Commission. Recommendations will then be presented to the City Council for
final adoption shortly after the Planning Commission action.
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The Interim Urgency Ordinance will then be null and void in accordance
with the provisions of the Urgency Ordinance.
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ORDINANCE NO.
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AN URGENCY ORDINANCE OF THE CITY OF DUBLIN
EXTENDING THE TEMPORARY MORATORIUM ON APPLICATIONS
FOR BUILDING PERMITS IN AGRICULTURAL ZONES
DURING A CONTEMPLATED STUDY OF AN AMENDMENT TO
THE ZONING ORDINANCE TO REQUIRE A CONDITIONAL USE PERMIT
AND/OR SITE DEVELOPMENT REVIEW FOR ACCESSORY STRUCTURES
IN AGRICULTURAL ZONES
WHEREAS, on March 4, 1997, the City Council of the City of Dublin, pursuant
to Government Code Section 65858 adopted as an urgency measure an interim ordinance
temporarily establishing a moratorium on applications for building permits for accessory
structures in Agricultural Zoning Districts in the City during a contemplated study of the
Zoning Ordinance regarding this issue; and
WHEREAS, pursuant to Section 65858 Ordinance No. 5-97 shall be of no further
force and effect 45 days from the date of adoption; and
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WHEREAS, after notice duly given pursuant to Government Code Section
65090, the City Council held a public hearing on April 1, 1997, to consider extending the
interim ordinance for ten months and fifteen days; and
WHEREAS, it is the desire of the City Council that the interim ordinance be
extended for an additional 10 months and fifteen days.
NOW, THEREFORE, the City Council of the City of Dublin hereby ordains as
follows:
SECTION 1. Contemplated Study of Zoning Ordinance Amendment.
The City Council does hereby adopt this Urgency Ordinance restricting
acceptance or processing of applications for accessory structures in Agricultural Zoning
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 Zoning Districts.
SECTION 2. Moratorium on Accessorv Structures in Asrricultural Districts.
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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 Zoning District shall be accepted
for processing, processed, approved or granted while this ordinance remains in effect.
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EXHIBIT 2
SECTION 3. Urgency Ordinance.
This ordinance is hereby declared to be an urgency ordinance and shall take effect
immediately in order to preserve the public health, safety and welfare. The City Council
hereby finds and declares that:
(a) Due to the recent construction of an accessory structure in an Agricultural
Zoning District which has caused concern in the community, the City has commenced a
review of the provisions of its Zoning Ordinance relating to accessory structures in
Agricultural Zoning Districts, including but not limited to the appropriateness of
requiring Conditional Use Permits and/or Site Development Review for such structures.
(b) The City Council hereby finds 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 Zoning Districts
within the City of Dublin is temporarily restricted during the conduct of the above-
referenced study and contemplated revision of the Zoning Ordinance.
(c) The City Council 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 herein.
SECTION 4. Effective Date.
This ordinance shall remain in effect until the expiration of ten months and fifteen
days from the date of its adoption or until the effective date of an ordinance amending the
Zoning Ordinance to require a conditional use permit and/or site development review for
accessory structures in Agricultural Zoning Districts, whichever first occurs.
SECTION 5. Posting,
This ordinance shall be 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 Govenunent Code of the State ofCalifomia.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this
1st day of April, 1997, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor
ATTEST:
City Clerk
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