3A Public Hearing 2006 1106 - Laserfiche WebLink

Home

their underutilized or undeveloped status, they present an opportunity to act as near-teITIl development catalysts for on-going downtown revitalization and transit usage. E. In their review of the opportunity sites, the Citizens Advisory Committee for the Strategy expressed concern over development of the opportunity sites that might occur prior to completion of the Strategy. F. The City Council finds that it is necessary to allow for the completion ofthe Strategy, in particular that the Strategy will provide direction for future development of the identified opportunity sites, before potentially long-term uses/development is allowed to take place. G. Based on the foregoing, the City Council finds that issuing peITIlits, or other applicable planning approvals, with the exception of certain temporary uses as may be deemed acceptable and approved administratively by the City Manager, and for business licenses and building peITIlits for projects that already have planning entitlements or don't require entitlements, prior to the completion of the Strategy for the identified opportunity sites poses a current and immediate threat to the public health, safety, and welfare, and that therefore a temporary moratorium on the issuance of such peITIlits, licenses and other approvals, with exceptions as noted, is necessary. H. The City Council adopted a 45-day moratorium on planning entitlements for the 39 opportunity sites on October 2,2006. State law for urgency ordinances allows a total moratorium period of 22 months and 15 days. This proposed extension would be well within the allowed timeframe. 1. On August 1,2005, the City Council adopted a moratorium (the "2005 Moratorium") which prohibited the consideration and approval of certain land use entitlements for all new retail establishments in excess of 1 0,000 square feet in the City's Commercial Downtown zoning district. The purpose ofthe 2005 Moratorium was to allow the City to study and consider the potential impact oflarge retail sales development on the Commercial Downtown Zone. The 2005 Moratorium ended in November of 2005, with adoption of Zoning Code text amendments related to the Commercial Downtown zoning district. Pursuant to Government Code Section 65858(f), the City may adopt another ordinance which covers the same property if the new ordinance is adopted to protect the public health, safety and welfare from a different set of circumstances than those which led to the adoption ofthe prior interim ordinance. Thus, pursuant to Government Code Section 65858(f), the City may extend the interim ordinance adopted on October 2, 2006 given that it was prompted by a different set of circumstances than the 2005 Moratorium. Specifically, the October 2, 2006 ordinance imposed a moratorium on plalUling entitlements for the 39 opportunity sites pending the outcome of the Strategy, while the 2005 Moratorium was prompted by the City's desire to analyze the potential impact of retail sales establishments in excess of 1 0,000 square feet on the Commercial Downtown Zone. NOW, THEREFORE, the City Council ofthe City of San Leandro does ORDAIN as follows: Section 1. Findings Extension of Urgency Ordinance Moratorium - Opportunity Sites 20f7