HomeMy WebLinkAboutOrd 09-97 Bldg Permit/Agric ZonORDINANCE NO. 9 - 97
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
WHEREAS, at, er 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 fit~een days.
NOW, THEREFORE, the City Council of the City of Dublin hereby ordains as follows:
SECTION L 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 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 Zoning District shall be accepted for processing, processed, approved or
granted while this ordinance remains in effect.
SECTION 3. Urgenc~ 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 constmction 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 often months and fitteen 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 fi. 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
Government Code of the State of California.
PASSED, APPROVED AND ADOPTED bY the City Council of the City of Dublin this 1 st day of
April, 1997, by the following vote:
AYES:
Councilmembers Burton, Lockhart and Mayor Houston
NOES: None
ABSTAIN: None
ABSENT: Councilrnembers Barnes and Howard
Mayor
O:~A~endas\1997~A- 10rd
K2/G/4- 1-97/ordagtzn.doe
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