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HomeMy WebLinkAbout47-85 BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE In the Matter of: ) ) Adding Chapter 40 to Title 8 ) ORDINANCE NO. 47-85 of the Municipal Code Relating ) to the Establishment of a Study ) District ) ) The City Council of the City of Danville DOES ORDAIN as follows: SECTION 1. Chapter 40 entitled "Study District(S)" and comprising of sections 8-4001--8-4004 is added to Title 8 of the Danville Municipal Code to read as follows: "Chapter 40 Study District(S) (Map Symbol S) Section 8-4001 Purpose Section 8-4002 Only Existing Uses Permitted -~ Section 8-4003 Conditional Uses Section 8-4004 Site Standards Section 8-4001. Purpose. The purpose of this district is to permit temporary control of the development in an area while the planning agency conducts detailed studies. In order to permit the continued orderly development of property and avoid incon- venience to citizens and property owners, the City will continue to accept development applications, grant approvals of land use matters and issue building permits pending completion and implementation of the results of the studies, but will require that as a condition of such approval certain findings first have to be made. These necessary findings include the finding that the proposed land use will be con- sistent with the general plan or with a proposal to amend the general plan which the planning agency is considering or intends to study within a reasonable time and that there is little or no probability of substantial detriment to or interference with the future adopted zoning ordinance if the proposed land use is ultimately inconsistent with the zoning ordinance. -1- Section 8-4002. Only Existing Uses Permitted. (a) No use may be established on a parcel of land in the Study District other than the use existing on the date the parcel is classified to the Study District. An enlargement or structural alteration of a single-family residential or agricultural building or the construction of a building accessory to a pre-existing single-family or agricultural use is permitted; (b) An application for a conditional use permit may not be considered if it involves a request for a change in land use district classification; (c) The fact that the reviewing authority processes a conditional use permit does not limit its discretion or authority to deny the application, disapprove the request, continue it for action at some future time, or approve it with conditions. Section 8-4003. Conditional Uses. In this district all uses other than agriculture are permitted on the issuance of a conditional use permit. In addition to the standard findings necessary before a conditional use permit may issue, the reviewing authority must also find that: (1) the use proposed will be consistent either with the general plan or with a proposal to amend the general plan which the planning agency is consider- ing or intends to study within a reasonable time, and with any adopted specific plan; and (2) there is little or no probability of substantial detriment to or inter- ference with a future adopted com- prehensive zoning ordinance if the proposed use is ultimately inconsistent with the zoning. -2- Section 8-4004. Site Standards. The precise site standards for the development of property in the study district shall be prescribed at the time the reviewing authority approves the issuance of a conditional use permit. These standards shall define the permitted use and fix the density, lot area, frontage, front, side and rear setbacks, building height, site coverage and design and landscape requirements. The site standards shall be based upon site conditions and offsite considerations. The reviewing authority may, in fixing these standards, use the standards applicable in a land use district which it determines is most nearly comparable to the land use district to which, in its opinion, the subject property is likely to be classified." SECTION 2. Urgency and Taking Effect. This ordinance is an urgency ordinance and is for the immediate preservation of the public health, safety and welfare. The facts constituting the urgency are these: the City of Danville incorporated on July 1, 1982. One year later it established its own Planning Department. The City Council intends to direct the planning staff to review _. the general plan, zoning and development policies for an area of the City comprising approximately 60 acres and located at the City's southerly boundary adjacent to Interstate Highway 680. The area is currently zoned part for medium and low density residential and part for agriculture. The City's present zoning regulations were adopted by reference from those of the County before incorporation without change and do not provide for a land use district classification which would provide for interim or transitional uses while a particular area was being studied for a possible change in general plan designation, zoning, or both. The adoption of this ordinance is necessary in order to permit the City to rezone the property referred to above to the study zone in order to prevent development which may be in conflict with a contemplated general plan or zoning proposal or both which the City Council, Planning Commission and Planning Department are studying or intend to study within a reasonable time. If during the time the proposed general plan, zoning and development policies are being studied and proposed for adoption, persons could undertake development which would conflict with those regulations, the purpose of the regulations and the goals of the general plan sought to be implemented by them would be undermined and frustrated. It is possible and, in some instances likely, that development may not conform to the regulations or the requirements imposed by the City under those regulations thereby destroying the usefulness of the regulations. - This ordinance is adopted under Government Code section 65858. -3- This ordinance takes effect immediately. SECTION 3. Publication. The City Clerk shall have this ordinance published once within 15 days after adoption in a newspaper of general circulation. The foregoing ordinance was introduced, adopted and ordered published at a meeting of the City Council of the City of Danville held on January 7 , 1985, by the following vote: AYES: May, Mc Neely, Offenhartz, Schlendorf NOES: None / ABSENT: Lane ! "I i 'l% MAYOR ATTEST: -4-