The City Council passed Ordinance Nos. 2018-02 and 2018-03 declaring a temporary six-month moratorium on the acceptance of certain development applications, with specified exclusions. On February 15, 2018, the Council enacted Ordinance No. 2018-05 (attached) amending the previous ordinances by restating those ordinances, except with regard to the effective date and duration provisions of the moratorium. Also, Ordinance No. 2018-05 does not change the basis for the declaration of emergency that was included in Ordinance No. 2018-02 and Ordinance No. 2018-03. The moratorium continues to have an effective date of January 9, 2018.

On February 15, 2018, the City Council requested City staff to:

(1)    Bring back suggested revised language to address moratorium exemption 5.B and whether it should apply to public and private educational facilities and include the vegetation preservation requirements of Ordinance 2018-05 Section 3.B (See attachment – Motion re Educational Facilities);

(2)    Determine if there are any unintended consequences from new Ordinance 2018-05 Section 3.C applying the moratorium specifically to Major Site Plan and Design Reviews (SPR) and Major Conditional Use Permits (CUP); and  

(3)    Draft a moratorium work plan schedule (See attachment - Moratorium on Certain Development Applications Work Plan Schedule 2-27-18).

Regarding unintended consequences, Ordinance 2018-05 Sections 3.B and 3.C do create some overlap. Section 3.C applies citywide; when read alongside Sections 3.A and 3.B, it expands the development moratorium into all commercial and mixed-use zoning districts. This consequence was not "unintended" by the City Council. Minor SPR and CUP permits not subject to the development moratorium under Section 3.C MAY be subject to it under the provisions of Section 3.B in the R-0.4, R-1, R-2, and Business/Industrial zones.