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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