HomeMy WebLinkAboutItem 6.3 GPA Moratorium W DubCITY CLERK
File # 0420-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 1, 2000
SUBJECT:
PUBLIC HEARING: PA 99-003 An Urgency Ordinance Extending
the Moratorium on the Approval of General Plan Amendments for
the Western Extended Planning Area
Report Prepared by Carol R. Cirelli
ATTACHMENTS:
Interim Ordinance Extending the Moratorium
RECOMMENDATION: 1.
2.
3.
4.
5.
6.
o
Open public hearing
Receive Staff Presentation
Receive Public Testimony
Close Public Hearing
Deliberate
Issue this Agenda Statement as a Written Report Describing
the Measures Taken to Alleviate the Urgency Condition in
the Western Extended Planning Area
Waive Reading and ADOPT Ordinance on an urgency basis
FINANCIAL STATEMENT: Staff time to conduct the General Plan Amendment Study
DESCRIPTION:
On February 16, 1999, the City Council adopted an interim zoning ordinance for the Western Extended
Planning Area, which became effective immediately for a 45-day period. On March 16, 1999, the City
Council approved an extension of the ordinance for ten months and fifteen days, from April 2, 1999, until
February 17, 2000. This ordinance established a moratorium on the acceptance, processing and approval
of General Plan Amendments for the Western Extended Planning Area pending the completion of a
General Plan Amendment study for the area.
STATUS REPORT OF THE URGENCY ORDINANCE:
In accordance with State law, the following is a status report on the measures taken to address this
urgency condition for the property located within the Western Extended Planning Area.
COPIES TO: In-House Distribution
g:\pa99-003\CC staff report re moratorium extension
ITEM NO.
,The purpose of the General Plan Amendment Study for the Western Extended Planning Area is to
consider establishing an Urban Limit Line along the current City limits in the Western Dublin area
pending the vote on the Urban Limit Line measure and to determine appropriate land uses and general
plan designations for properties within this area. Since the last extension of the moratorium, staff has
initiated the Western Dublin Open Space Preservation Study which will provide some background
information and options for open space land use designations within the Western Extended Planning Area,
including action plans for open space program implementation, acquisition and preservation.
The Western Dublin General Plan Amendment Study will address, not only the establishment of an Urban
Limit Line, but other land use options and from these options, staff will prepare General Plan policies;
objectives and programs for Planning Commission and City Council's consideration, and staff will
complete the environmental documentation for the General Plan amendments.
URGENCY ORDINANCE EXTENSION:
According to State law, the City Council is required to hold a public hearing if the interim zoning
ordinance requires an extension beyond the first extension. Staff expects to have the General Plan
Amendment Study for the Western Extended Planning Area available for City Council review either
before or after the vote on the proposed Urban Limit 'Line initiative. The interim ordinance will expire
February 17, 2000, so it is necessary to extend the ordinance one year in order to complete the General
Plan Amendment study.
Subsequent to the enactment of the first extension of the interim ordinance, the California Court of Appeal
decided Building Industry_ Legal Defense Foundation v. Superior Court (1999) 72 Cal. App. 4th 1412. The
court there held that pursuant to Government Code Section 65858, a general law city may enact, as an
urgency measure, an interim ordinance that places a moratorium on land uses that might conflict with
contemplated amendments to its general plan and that the moratorium may extend to the city's approval
of development applications for such conflictory uses. The court said, however, that the city must accept
and process development applications during the moratorium.
Given the decision in Building Industry, this ordinance would extend to February 17, 2001, only the
moratorium on the approval of General Plan Amendments for the Western Extended Planning Area.
General Plan Amendments for the Western Extended Planning Area would be accepted and processed
under this interim ordinance.
RECOMMENDATION:
Staff recommends that the City Council issue this agenda statement as a written report describing the
measures taken to alleviate the urgency condition in the Western Extended Planning Area and waive the
reading and adopt the Interim Ordinance (Attachment 1) extending the moratorium on the approval of
General Plan Amendments for the Western Extended Planning Area, to February 17, 2001.
ORDINANCE NO. - 00
AN INTERIM ORDINANCE EXTENDING THE MORATORIUM
ON THE APPROVAL OF
GENERAL PLAN AMENDMENTS FOR THE WESTERN EXTENDED PLANNING AREA
PENDING THE COMPLETION OF A GENERAL PLAN AMENDMENT STUDY
FOR THE WESTERN EXTENDED PLANNING AREA (PA 99-003)
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
WHEREAS, residents in the western residential area of the City of Dublin proposed the Voters'
Voice Initiative to limit development in the Western Extended Planning Area; and
WHEREAS, the City Council appointed a committee of Councilmembers, City staff, and
initiative proponents to further discuss the proposed initiative and on February 16, 1999, determined to
put an Urban Limit Line measure before the voters based on the committee review and
recommendations; and
WHEREAS, at the February 16, 1999 City Council Meeting, the Council further instructed
staff to initiate a General Plan Amendment Study to consider establishing an Urban Limit Line along
the current City limits in the Western Extended Planning Area pending the vote on the Urban Limit
Line measure, and to consider an appropriate land use designation and policies related to development
in the study area; and
WHEREAS, the Council will consider a General Plan Amendment and/or a zone change to
establish an Urban Limit Line and an appropriate land use designation; and
WHEREAS, under the current General Plan, any proposed development within the Western
Extended Planning Area requires a General Plan Amendment, therefore, the City Council finds that
considering General Plan Amendments while the General Plan Amendment and Urban Limit Line
study is in proCess poses a current and immediate threat to the publiC health, safety and welfare
because such Amendments for development would conflict with the policies to limit development that
are being considered through the General Plan Amendment and Urban Limit Line study; and
WHEREAS, on February 16, 1999, the City Council adopted a forty-five day moratorium on
the acceptance, processing or approval of any General Plan Amendments for the Western Extended
Planning Area; and
WHEREAS, on March 16, 1999, the City Council approved an extension of the ordinance for
ten months and fifteen days, from April 2, 1999, until February 17, 2000 to allow more time for
completion of the General Plan Amendment study; and
WHEREAS, the City staff needs additional time to complete the General Plan Amendment
study on establishing an Urban Limit Line and appropriate land use designations.
ATTACHMENT 1
NOW THEREFORE, the City Council ordains as follows:
1) The City extends for one year, from February 17, 2000, to February 17, 2001, the moratorium it
adopted on February 16, 1999 by which it ordained that the City shall not approve any applications for
the Western Extended Planning Area.
2) This ordinance is categorically exempt from CEQA under section 15308 ofthe State CEQA
Guidelines because it is a regulatory action taken by the City, in accordance with Government Code
section 65858, to assure maintenance and protection of the environment pending completion of the
contemplated General Plan Amendment.
3) This ordinance shall become effective immediately upon adoption if adopted by at least four-
fifths vote of the City Council and shall be in effect until February 17, 2001 unless repealed by the City
Council as provided for in Government Code section 65858.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 1st day of
February, 2000, by the following votes:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Mayor
City Clerk
G: planning/pa99-OO3/second extension ordinance