HomeMy WebLinkAboutOrd 05-97 Accessory StructuresORDINANCE NO. 5 - 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 Accessory 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. Urgency 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 Days.
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:
Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston
NOES: None
ABSTAIN: None
ABSENT None
__~~~~ll~liATTEST:
Mayor