HomeMy WebLinkAboutAGENDA REPORT 1993 0616 CC REG ITEM 09ETO:
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A G E N D A R E P O R T
C I T Y O F M O O R P A R K .4-'r 7 7
By
The Honorable City Council
Jaime R. Aguilera, Director of Community Developmentl-
June 7, 1993 (CC Meeting of 6- 16 -93)
SUBJECT: CONSIDER AN ORDINANCE E %TENDING A MORATORIUM ON SECOND
DWELLING UNITS IN THE R -A, R -E, R -O, R -1, R -2, RPD, PC
AND SP ZONES ON PROPERTIES OF LESS THAN ONE ACRE
BACKGROUND
Ordinance No. 168 was adopted by the City Council on May 19, 1993,
as an interim ordinance, imposing a moratorium on second dwelling
units in the zone districts referenced above. Ordinance No. 168
will expire on July 3, 1993. Ordinance No. 172 was adopted by the
City Council on June 2, 1993, also imposing a moratorium on second
dwelling units in the same zone districts; however, additional
language was added to have the moratorium apply only to properties
of less than one acre. Ordinance No. 172 will expire on June 17,
1993, unless sooner extended.
Section 65858 of the Government Code limits an initial interim
ordinance to a time period of 45 days from its date of adoption.
Section 65858 also specifies that the legislative body may extend
the interim ordinance for 10 months and 15 days and may
subsequently extend the interim ordinance for one year. Adoption
and extension of an interim ordinance requires a four - fifths vote
and a finding that there is a current and immediate threat to the
public health, safety, or welfare.
DISCUSSION
The attached draft ordinance would extend an interim ordinance,
imposing a moratorium on second dwelling units, for an additional
one hundred eighty (180) days. If Ordinance No. 172 is extended
for 180 days, the revised expiration date would be December 14,
1993. Staff intends to schedule Planning Commission review of a
draft ordinance amending Section 8107 -1 -7 of the City's Zoning
Ordinance (relative to second dwelling units) at the Commission's
first meeting in July.
The Honorable City Council
June 7, 1993
Page 2
Section 65858 includes a requirement that ten days prior to the
expiration of an interim ordinance or any extension, the
legislative body shall issue a written report describing the
measures taken to alleviate the condition which led to the adoption
of the ordinance. This staff report is intended to satisfy that
requirement of law (since City Council reports are prepared by
staff). Because Ordinance No. 168 was adopted by the City Council
on May 19, 1993, and Ordinance No. 172 was adopted on June 2, 1993,
the measures taken to alleviate the condition that let to the
adoption of the interim ordinance have been limited to research
work by staff regarding Zoning Ordinance language that requires
modification, and the preliminary scheduling of a Planning
Commission hearing for July 5, 1993.
RECOMMENDATION
Adopt an interim ordinance extending a moratorium on second
dwelling units for an additional one hundred eighty (180) days.
Attachment: Draft Ordinance
JRA /DST