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6.3 HeritageHistoricalDist
CITY CLERK File # ~][~]~- ¢ 0 AGENDA STATEMENT CITY COUNCIL MEETING DATE: JANUARY 20, 2004 SUBJECT: PUBLIC HEARING: PA 02-074 One Year Extension of the Interim Urgency Ordinance on the Approval of Permits for Development in the Dublin Heritage Historical District Area Pending the Completion of a Specific Plan for the area located along Dublin Boulevard extending westerly of Donlon Way approximately 400 feet and easterly of San Ramon Road approximately 950 feet, and extending approximately 625 feet north and 700 feet south of such stretch of Dublin Boulevard. Report Prepared by Andy Byde, Senior Planner and Marnie R. Waffle, Assistant Planner ATTACHMENTS: 1. City Council Meeting Minutes of November 18, 2003; 2. City Council Agenda Statement of November 18, 2003 without ~ attachments; 3. Dublin Historic Resources Identification Project prepared by Page & Turnbull, Inc. dated January 15, 2004; 4. Map of Primary Historic Core Area; 5. Map of Peripheral Historic Area; 6. Proposed Urgency Ordinance extension that establishes a Primary Historic Core boundary focused around Donlon Way and establishes a Peripheral Historic Area boundary (Alternative 1); 7. Proposed Urgency Ordinance extension that establishes a boundary of the Primary Historic Core focused around Donlon Way (Alternative 2); 8. Proposed Urgency Ordinance extension identical to the ordinance as adopted on October 7, 2003 (Alternative 3); 9. Ordinance No. 11-03 10. Ordinance No. 12-03 11. Ordinance No. 16-03 RECOMMENDATION: 1. Open the public heating / / 2. Receive the Staff presentation; take testimony from the Public 3. Close the public heating and deliberate; and COPIES TO: Cassidy Shimko Dawson Charlie Pillars Steve and Susan Hagan i F~) ~ ITEM NO. ~ g:\pa~L2002\02-074 historical studyLmoritorium\ccsr 01-20-04 historic.doc 4. Waive the reading and adopt proposed Urgency Ordinance extending the moratorium for one-year to January 20, 2005 with the following modifications: continuing the existing restrictions of the moratorium in effect within the Primary Historic Core Area boundary focused around Donlon Way and reducing the restrictions within the Peripheral Historic Area to permit the issuance of permits that would not result in exterior improvements (Alternative 1). Alternatively the City Council may take one of three actions: a. Waive the reading and adopt proposed Urgency Ordinance extending the moratorium for one-year to January 20, 2005 modified to apply only within the Primary Historic Core Area (Alternative 2); or b. Waive the reading and adopt proposed Urgency Ordinance extending the moratorium ordinance adopted on October 7, 2003 and extended on November 18, 2003, without modifications, for a one year period that ends January 20, 2005 (Alternative 3);.or c. Take no action, which would result in the moratorium ordinance expiring by its own terms on January 22, 2004. FINANCIAL STATEMENT: None at this time. BACKGROUND: Introduction: On August 21,2001 the City Council held a Study Session to examine the scope and the desired direction of the proposed historical district designation for the Donlon Way area. At the conclusion of the Study Session the City Council voted to undertake a Specific Plan for the Donlon Way area. As part of the 2002-2003 budget, the City Council provided funding for the preparation of a Specific Plan/Historical District for the Donlon Way area and as part of the 2003/2004 Goals and Objectives meeting, voted to carry over, as a high priority, plans for the Specific Plan/Historical District designation of Donlon Way. Subsequently, a request for proposals was solicited for qualified consultants to provide the Ci~ty with technical assistance in identifying historical resources for the privately held property within the Donlon Way area and recommend a boundary for the proposed Specific Plan/Historic District. At the May 20, 2003 City Council meeting, the Council approved contract agreements with Page and Tumbull and, William Self and Associates for the historical resource identification and archaeological assessment within the Donlon Way area. The City selected Page and Tumbull for historic resources identification and the preparation of design gui.delines and William Self and Associates for the archaeological assessment of the general area.. Page and Tumbull's scope of work for their report includes a recommended boundary for the Specific Plan area., Prior City Council Action: At the October 7 and October 21, 2003 City Council meetings, the Council enacted an interim urgency ordinance establishing a moratorium on approvals of permits for development within the Dublin Heritage Historical District Area pending completion of a specific plan. (The adoption of the October 21, 2003 ordinance corrected an omission in the October 7, 2003 ordinance.) Pursuant to the terms of state law, the interim ordinance terminated 45 days after its enactment unless extended by the City Council as provided for in Government Code Section 65858. State law allowed the City Council to extend the ordinance by up to 10 months and 15 days; however, at the November 18, 2003 City Council meeting, the interim ordinance was extended until January 21, 2004. This time frame was chosen to provide Page and Turnbull an opportunity to complete their report and for the City Council to consider it. State law allows the City Council to extend the ordinance for a second time for period of up to one year, following a noticed public hearing. DESCRIPTION: Historic Resources Study Findings: In January 2004, Staff received a draft report titled Dublin Historic Resources Identification Project from the firm Page and Tumbull (Attachment 3). The report provides the location, history and context of the historic Dublin Village area, identification of sites and structures of historical significance, and recommendations on the preservation of the City's historical resources. The recommendations provided by Page and Turnbull will need to be further analyzed by Staff in the context of preparing a Specific Plan or designating the Donlon Way area as a historic district. Page and Tumbull will be making a presentation of the findings contained within the report to the City Council on January 20, 2004. The Dublin Historic Resources' Identification Project identified two structures and one site in addition to the recognized sites located at the Heritage Center and the Green Store. In addition to the recognized historic resources, the area contains a handful of other potentially significant buildings, sites and structures. Most of these have no formal historic status, and all are privately owned. Alamilla Springs: The most important of these unrecognized historic resources is Alamilla Springs. The Alamilla Springs was the epicenter of Jose Maria Amador's Rancho San Ramon and the reason behind the historic crossroads settlement of Dublin Village, the remnant of Alamilla Springs that still exists today is of tremendous importance for Dublin. According to the report, the Spring is partially buried beneath fill ,imported to construct "The Springs" apartment complex in 1979; the remnant of the historic spring, now consists of a deep swale trending in an easterly direction before emptying into a concrete culvert beneath San Ramon Road. Now choked with vegetation, Alamilla Springs fills with water during the rainy season. AssoCiated with the spring and the Dougherty House that also once stood on the site, is a mature Canary palm as well as a remnant of a 1940s-era walnut grove. Bonde House and Ponderosa Craftsman Style Bungalows: The report identified two other potentially significant historic resources in the Donlon Way area include two 1920s-era Craftsman-style bungalows: "Ponderosa," 'which is located at 6570 Donlon Way (Dublin Creek Kennels) and the Bonde House at 11760 Dublin Boulevard (currently occupied by Little Kids Learning Center). While neither property appears to be individually eligible for listing in the California or National Registers, these two dwellings are the only pre-World War II dwellings within the Donlon Way area. The circa-1920 Bonde House is rumored to be the oldest standing dwelling in Dublin, and to date there is no evidence to the contrary. Although it has undergone some unsympathetic exterior alterations, the Bonde House still reads as a quintessential Craftsman bungalow built either from a kit or standardized plans. "Ponderosa," a circa-1929 Craftsman bungalow is significant as a property associated with the pioneer Murray family, having been built by Michael Murray's grandson, Edward. The bungalow is also a well-preserved if relatively late example of a Craftsman bungalow. Both properties are used for commercial purposes and appear to be well maintained, according to the report. Historic Resource Recommendations: According to the report, the larger Donlon Way area, while historically significant, is not likely to be listed as a Historic District with the National Register of Historic Places due to a lack of physical continuity between historic sites in the study area. Although the Donlon Way area does have an important concentration of historic resources at its core, other potential historical resources are dispersed among many modem non-contributing resources. A Specific Plan, whose boundaries conform to those of entire historic Dublin Village (the area consisting of a portion of Rancho Santa Rita and Rancho San Ramon, immediately adjacent to the crossroads of the old Spanish Trails, see Figure 7 of Attachment 3), would give the City a tool to guide development in the area more effectively through the use of design guidelines to influence the height, bulk, massing, materials and architectural character of new developments. The report recommends that the design guidelines be developed so that new and modified buildings are sympathetic to the existing historic buildings in the area and ensure that new and modified buildings are compatible with the overall architectural character of the Donlon Way area. The draft report also includes other recommended action items including: constructing a sound wall along 1-580; developing an attractive signage program to foster interest and appreciation of the Donlon Way area; preserving the natural resources within the historic area; determining which land uses are compatible within historical area; and finally applying for Historical District Designation with the National Register for the small area immediately surrounding the Heritage Center and Green Store. All of these items will be evaluated further by Staff within the context of developing a specific plan and brought back to the City Council at the appropriate time. ANALYSIS: Dividing the Historic Area: · As a result of the Page and Tumbull report's recommendations to document and preserve the historic resources identified within the historic Dublin Village and to allow new uses within the area that will not negatively impact the contributing historic resources, Staff recommends that the area be divided into two areas: the Primary Historic Core Area and the Peripheral Historic Area (as shown, on Attachment 4). The Primary Historic Core Area has intact historic resources such as the Dublin Heritage Center, the Green Store, the Bonde House and "Ponderosa." The Peripheral Historic Area was once part of the Primary Historic Core Area; however, as a result of modem development, it now contains only non-contributing resources. The Peripheral Historic Area (Attachment 5) would act as a gateway into the Primary Historic Core Area. The Draft Report recommends the creation of design guidelines to ensure that existing buildings become sympathetic to the historic resources located with the Primary Historic Core Area and that new building are compatible with the overall architectural character of the Donlon Way area. Extension of Moratorium Ordinance: Pursuant to State law, in order to extend a development moratorium ordinance beyond the first extension period, the City Council must hold a noticed public hearing. The Ordinance was adopted on October 7, 2003, extended on November 18, 2003, and will expire on January 22, 2004. Accordingly, Staff noticed tonight's public hearing pursuant to the terms of Government Code section 65868, by posting the notice in three places in the City. Staff took the additional steps of providing mailing notice to all property owners and tenants within the moratorium area as shown on the last equalized assessment roll and publishing notice in the Tri' Valley Herald. Moratorium Ordinance Alternatives: The City Council has several options with regard to its consideration of the extension of the moratorium. Staff has set forth below four separate alternatives for the Council's consideration: Alternative 1 '(Extension with Reduced Restrictions in Peripheral Historic Area): Amend the moratorium ordinance to establish a Primary Historic Core Area boundary focused around Donlon Way and a Peripheral Historic Area boundary that encompasses the remaining historic Dublin Village area. This alternative keeps the existing moratorium and its restrictions on new uses and building permits in place in those areas that are within the Primary Historic Core Area, identical to the ordinance as adopted on October 7, 2003. Specifically the moratorium would prohibit the issuance or approval any building permits or land use permits that would result in the construction or initiation of the following list of uses on any parcel located in the Primary Historic Core Area: 1. Adult Business Establishment 2. Animal Sales and Services 3. Automobile/Vehicle Brokerage 4. Community Care Facility / Large 5. Dance Floor 6. Drive-in/Drive-through Business 7. Eating and Drinking Establishment 8. Fortunetelling 9. Health Services/Clinics 10. Massage Establishment 11. Plant Nursery 12. Recreational Facility / Indoor 13. Recreational Facility / Outdoor 14. Retail - Outdoor Storage 15. Service Station I6.: Shopping Center For those areas outside the Primary Historic Core Area and within the area defined as the Peripheral Historic Area, this alternative would prohibit any building permit approval or issuance of a land use permit (such as Site Development Review) that would result in any exterior modifications or new exterior construction. This alternative would allow building permits to be issued for interior improvements or approval of other land use permits that did not result in exterior modifications (such as a conditional use permit). It would not prohibit any uses. One exception to this alternative would allow the change of copy for existing signs where no modification to the structure of the sign would occur. If adopted for the entire duration, the ordinance would expire on January 21, 2005. Alternative 2 (Extension of Moratorium only within Core Historic Area): This Alternative would modify the existing moratorium ordinance to reduce the overall area subject to the moratorium to include only the areas within the Primary Historic Core Area and would eliminate those areas outside the Historic Core Area from the moratorium. This alternative would maintain the identical prohibition of issuance or approval any building permits or land use permits that resulted in the construction or initiation of the sixteen uses listed above and as adopted on October 7, 2003. If this alternative were adopted, the specific plan could still be applied to the Peripheral Historic Area. If adopted for the entire duration, the ordinance would expire on January 21, 2005. Alternative 3 (Extension o_f Current Moratorium Restrictions within Entire Area): This alternative would extend the moratorium ordinance, which was originally adopted on October 7, 2003. This alternative would maintain the identical prohibition of issuance or approval of any building permits or land use permits that resulted in the construction or initiation of the sixteen uses listed above and as adopted on October 7, 2003. If adopted for the entire duration, the ordinance would expire on January 21, 2005. Alternative 4 (No Action; Expiration Of Moratorium): This Alternative would result in no action and as a result the moratorium ordinance would be null and void on January 22, 2004. No subsequent interim urgency ordinance could be adopted, unless the reasons for enacting the moratorium were different than those that supported the current moratorium. The three ordinance altematives would not to apply to building permits for the following types of repair work that the Building Official determines is necessary for the safety of the occupants of a presently occupied structure: 1. Repair work to existing sewer or water component(s) that does not result in expansion of capacity of the structure's sewer and water system. 2. Repair or replacement of existing HVAC equipment that does not result in expansion of capacity of the structure's HVAC system. 3. Repair work to electrical systems that does not result in expansion of capacity of the structure's electrical system. 4. Repair to existing structural components of the structure, such as load-bearing walls and the structure,s roof, which is made necessary by the failure or imminent failure of the structural components of the structure. RECOMMENDATION: Staff recommends the City Council open the public hearing; receive the Staff presentation; take testimony from the Public; close the public hearing; question Staff and the Public; deliberate; waive reading and adopt the modified Interim Urgency Ordinance, Alternative 1 (Attachment 5) which modifies and reduces the extent of the moratorium and extends the moratorium for one year. Alternatively the City Council may take one of three following actions: (1) waive the reading and adopt Urgency Ordinance extension for one-year to January 20, 2005, that modifies the existing moratorium ordinance to reduce the overall boundary to include only the areas within the Primary Historic Core Area and would eliminate those areas outside Historic Core Area (Alternative 2); or (2) waive the reading and adopt Urgency Ordinance extension for one-year to January 20, 2005, that continues with the moratorium ordinance as adopted on October 7, 2003 and extended on November 18, 2003 (Alternative 3); or (3) take no action and as a result the moratorium ordinance would become null and void on January 22, 2004 (Alternative 4). 6~)~ Mr. Kuzbari'stated it is quite pOssible with the addition of the BART Station they will do a speed survey on St. Patrick Way. Regional S~reet, Golden Gate Drive and Amador Plaza south of Dublin Boulevard could also be reviewed John T. Collins, Sr. commented the map displayed seemed to be somewhat incomplete. He suggested we might want to keep the limit a little higher at the ramp onto 1-680. Cm. Sbranfi asked about the $5t~ percentile area which was 29 mph and asked about the rationale. Mr. Kuzbari stated there is a horizontal curva~re and many driveways along the way. It makes sense to.set the speed limit at 25 mph. Mayor Locldaart closed the public hearing. On motion of Cm. Zika, seconded by'Cm, sbranti, and by unan~ous vote, the Council waived the reading and INTRODUCED the Ordinance. RECESS $:47 p.m. Mayor Lockhart called for a short recess. The meeting reconvened at 8:54 p.m., with all Councilmembers present PUBLIC HEARING PA 0Z~074 INTERIM URGENCY O~.IB!..~CE..10. MO~.& ........ 15 DAY EXTENSION ON THE APPROVAL OF PE ~RMITS,...FOR DE~ ,..,~_.P~,!N .~ .... DUBLIN HERITAGE HISTORICAL DISTRICT ~. _ARF~... PEND. !NG THE CO~0N .... OF A SPECIFIC PLAN FOR THE ARF, A LOCATED ALONG DUBLIN BOLILEVARD) EXTENDING WESTERLY OF DONLON 'WAY APPROXIMATELY 400 FEET AND..E~RLy OF SAN RAMON ROAD APPROXIMATELY..gS0.FEET, AND EXTENDING APPROXIMATELY 62s FEET r ORTn 700 r rr soum Or.SUCH !Cn O '$:S4 p.m. 6.$ (910-40) Mayor Lockhart opened the public hearing. Senior Planner Andy Byde presented the Staff RePort. At the October 7th and October 21, ZOOS City Council meetings, the Council enacted an interim urgency ordinance establishing a moratorium on approvals of permits for devel,opm,, ent in the Historic Ar..ga,, ~.¢~ ~opfion of the October Z la Ordinance corrected. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18~ 2003 an omission in the notice of the OctOber 7ta Ordinance. Purstmnt to the terms of State Law, the interim ordinance terminates 45 days after its enactment. If adopted, tonight's item would extend the morat0ri~ on. de..velopment approvals for a period not to exceed I0 months and 15 days. The extension of the Interim Urgency Ordinance would enact a moratorium on the issuance or approval of any building permits Or land use permits that would result in the construction or initiation of specific uses on any parcel located within the Historic. Area. Mr. Byde discussed prior Council discussion.of t..he ..Hist0ri~._~, which occurred during the Goals & Objectives session on March 19~ 2001. This issue was also discussed by the Council at its meetings on June 19, £001 ~ July 3, 2001, and August 2I72001. The City Council at the 2003~04 Goals & Objectives meeting on March 31, 2005, voted to carry over, as high priority, plans for Historical District designation of Donlon Way, specifically including Alamilla Springs and the Green Store, and complete a new Specific Plan and or Zoning for the area. As part of the FY 2002-03 Budget, the City Council provided funding to prepare a Specific Flan/Historica! Dist!~i.'..c[..f0~.th.~. ?gn.]~..W. ay area. To provide the background information on the existing historical/archaeological resources, Staff determined that experts in historical/archaeological resources would be necessary to assist in developing the base information of the Specific Plan/Historical District. On September 16, 2005, the City Council expressed its strong desire to immediately move forWard with a comprehensive Specific Plan for the Historic Area with the purpose of unearthing the historical past in, and preserving and protecting the Historic Area. On October 7t~ and October Z1, 2003, the City Council adopted an Interim Urgency Ordinance for the parcels within an area designated by the Council as the Historic Area~ which imposed a moratorium on the issuance or approval of any building permits or ·. land use permits that would result in the constru~ti0n...or~.~ti~n_..,Qf~.0_ any parcel located in the Historic Area. These uses include:. 1) AdUlt Business Establishmeng 2) Animal Sales and Services; 3) Automobile / vehicle Brokerage; 4) Community Care Facility/Large; 5) Dance Floor; 6) Drive-in/Drive-through Business; 7) Eating and Drinking Establishment; 8) Forttmete!tiug; 9) Health Services/Clinics; 10) Massage Establishmeng 11) Plant NurSer~, 12) Recreational Facility/Indoor; 13) Recreational Facility/Outdoor; 14) Retail-'Outdoor Storage; 15) Service Station; and 16) Shopping Center. cITY coUNcIL M~E.S. VOLUME 22 REGULAR MEETING November 18, 2003 PAGE 657 The purpose of the Urgency Ordinance was to preserve the status quo in the Historic Area while the City completes pending studies and evaluates the n~.d for potential future studies, which are necessary to catalog the existing historical resources in the Historic Area, and completes a Specific Plan. In particular, the Interim Ordinance n°ted that the City anticipates that among the tools that the SP may' recommend are: a) various means to preserve, protect, and highlight existing historic structures and sites; b) architectural guidelines which would apply to all structures and future development in the area that would serve to promote a theme related to the history of the Historic Area; and c) the placement of signage and monuments at the location of historic.sites. The ..... Council concluded that the untimely changes in uses could ultimately frustrate the City's long~term efforts to enSUre the 'area is developed consistently with the City's goals for the Historic Area. Accordingly, the Ordinance determined that the above listed uses may be in conflict with the contemplated Historic Area SP~ the goals of which are to encourage the development of an historic~themed, pedestrian-oriented commercial area, centered around the historic structttres and.sites.,t~at_~rg.~..c_pm~ity's founding. The Ordinance noted that the purpose of the expansion of the ultimate boundary for the SP was to preserve the status quo while the City considered both the potential for the existence of historic resources .on such properties in the expanded area, and the potential for the intersectiOn, given its status as a major entry way into the City, to serve as a historic~themed entry way into the historic district. Mr. Byre discussed the requirements of Government Code Section 65858, ... ~The courts have' consistently held that aesthetics and protection of community character - consistent with the goals of the proposed SP- are sufficient to support the findings required by GCS 65858. On November 4, 2005, consistent With the requirements of State Law, the City Council issued a status report on the measures taken to alleviate the condifion_~t~. Area that led to the adoption of the Interim Ordinance. First, Staff had begun the process of expanding the architectural consultant's historic reso .utc. es iden~¢atign project. Second, the report indicated that the consultan~..~ prepare descriptive design guidelines to regulate rehabilitation of existing structures (including appropriate use of materials and colors) and regulate new construction within the area. Finally, the report set forth a chronology of actions that must take place in order to complete the SP. Staff explained that ce _train types of repair work that the Building Official determines is necessary for safety purposes would be exempted and would be an exception to the Urgency Moratorium Ordinance. VOLUME 22 REGULAR MEETING November 18~ 2003 PAGE 658 Cm. Sbranti discussed the situation.when the City Council considered a Scarlett Cour~ Specific Plan. He asked if the City has ever enacted a moratorium? ..... Mr. Byde discussed the situation with a particular parcel on the southeast comer of Village Parkway and Amador Valley Boulevard when that service station closed. The City Council adopted an urgency ordinance to evaluate new uses in the area. This . · particular ordinance was extended beyond the 45 days, but did not extend the whole allowed time. A new development plan was adopted for the area. Cm. Zika asked when Page & Turnbull will complete their assignment? Mr. Byde advised that they should be done by the middle of December. A report could come back to the City Council in January. Sue Hagan, DonIon Way stated she lives right next door to the Heritage Center. She was present mainly for information but stated she wanted to know what this means, "historical resource" as far as owning her home and also having a kennel business there. Mr. Byde stated in her case, the Ordinance says the particuhr kennel use would be covered by the moratorium, however residential uses are not part of this moratorium so it would not be covered. Emergency changes would be. allowed, but expansion or modification of the kennel would not be allowed. Ms. Ha~ gan stated they have no plans to do anything at ali, but just wanted to know how this impacts them. John T. Collins, Sr., stated on the list of 16 things, 6 of them were done in'the historical area. He stated he did not stick around the night the Urgency Ordinancewas on the agenda because he did not believe this nonsensical Ordinance would ~ passed. Hooter's is a restaurant, admittedly with a catch or hook to bring people in. The pancake place dictn't make it and apparently Bob's Big Boy didn't make it and there was another place he couldn't remember. Give Hooter's a chance to live or die on its.om merits..,yirginia Bennett wrote abook on Dublin Reflections. A drin~g establishment was legal in Dublin's history, so Why not now? Give the City a break, please. Charles Pillers with Dublin Investors, San Jose, stated on page 5 of the City Council information he received, it says property owners were marled notices; however, he has .yet to receive any notice whatsoever. Were it not for the City's webpage, he would not know what is on the agenda. He gave the Planning Department his home phone number and told them ....... not to give out his phone number.. Since. .. that. time.he. ... 8ot . calls. CITY COUNCI~ MINIJTES VOLUME 22 REGULAR MEETING .................... November 18, 2003 PAGE 659 from realtors and he asked where they got his number. They said from the Planning Department. You wffi'.end up with an empty building and this doesn't help the City. It will definitely not be an asset to the City. He read a letter which was submitted.. November 18, 2003. "We are the owners of the property on the Southeast corner of Z~ub!in.B!vd and San Ramon Road. The properOr is leased to operators ora ~Woco's" restaurant. We strongly protest the inclusion of otzr prope~y within this U~gencjr Ordinance and/or to any extension there°~, as called for in this a~renda item ~. 3 Your acl~bn of October...7, ZOOS and conlinuah'on of on Oclober ZI, 2003 has caused si~,ntiY' cant harm and slander to our a'tle.and m~d...e !t......se. ge,m..ly handicapped in use and delayed or prevented its needed upgrade and modernizaabn to ~ !t to a pvo~'tabI¢ and con~'nued restaurant use. Any conlinua~bn of this deb'berate and very.po~sibl~y itle,~,I inclusion ia .ttn's,.. moratorium ~ in all probabi~Or, cause us to seek redm~, m mC.CO .ur3,~ ~,zer. e,~...~.~~C~ damages and also for puni~ve damages based upon your ach and thc fac~ or lack thereog this ach'on to the Council. We trmst w~ant to restate, by inclusion within this letter, (and attached hereto) all of the statements and facts contra'ned in '°ur letter,and my comments to this Council at the n~ing of October 21~ £003~ a~nda item 4.8. That I~Her and those comments are continued with and am a~in herewith submitted. I hare exhaus~'vety examined the Z~ifgeist of this pn~l~rty and can lqnd abSOlutely no basis for any Fmding of any event or use within.its history of anY l~'stodcal si~nit~canc¢ whatso¢~er. The most si~nit~'cant act that I can ~'nd was the est~bh'shment ora ~ob~s Big . Boy~ m~taurant hem in I ~ ?~. ~ . at bui!..din~, with sh~,ht modit~caabns, is slill in use there today. Iam sure that Bob ~Vyann wot!Id ~'se. in _.lzt's ~ave with increduli~r if he knew that you considered that Ids restaurant chain~ wtu'ch he had started in Glendale, California~ in the I ~40's~ and also had over 30 years and 300 other restaurants olx~ned lx~fore the restaurant ewr came to Dublin, ~rould be considered ~'sto~qcally Si~ni~qcanF~ by the CiOr of Dublin. Iarn afraid your ideas of ahisto~cal si~qcance~ are misplaced. I ~h~ however~ find increasing evidence that strong, hens the beh'ef that th~ inCluaion of ttu's pare¢l in thc morato~um ~as prom~ted by fea~ of ~qtooters~ and not of any ~'ndin~ of ~n~oz~cal~ value. !also investigated the a~umcnts against ~Hooters~ and found them to completely ~thout any founda~bn wha~ver. Sinc~ thc .~i~ of Dublin has no mal ~robabili~y h'ndins any ~$i~ni~cant Histo~cal Value~ to t~n's t~'ol~n~ v~e demand that this pmpe~ be removed and released fo~hwith from any inclu~on in any morato~um bein$ con~dcm~d. And furthe~ that the Slander upon our ~'tle and other deliberate ac_~ons men~bn~ in O~ letter and ~n~s o£ Octo. .b~. ~ .... 21~ 2oo~ be ceas~ bnmed~tely. Sinc~mly~ Cha~I~s t~'llers l~ana~n$ Pa~ne~ behalf of Hott Wings, Inc. and urged a vote against extending the moratorium Urgency Ordinance2 She submitted a I 0 page letter just before the City Council meeting. This Ordinance has no connectiOn and. you will be placing the City in considerable legaI peril by emending this Ordinance. This is very plainly directed at stopping one user from replacing another. She discussed legal deficiencies. There isno c ..m~..~nt 0r.,~ediate threat to the public health & welfare. No historic reSOurces are at risk.. There is. nothing historic about the existing Coco's ReStaUrant. 'Only one change has occurred siiace gO01 and that is a pending building permit application to put in a Hooter's Restaurant....~..ere .... is no evidence on which to rely to take this action, The City carmot preclude the use of VOLIYM[E 22 REGULAR MEETING November 18, 2003 PAGE 660 one restaurant to another. They are quite concerned that action_taken, if extended tonight, would violate equal protection and due process under the..ConstS~ti0n...,a, gd...~e ...... taking of private'property. They also believe there have been established links from the Dublin City Council to DHPA and mem..bers_ha~e participated in the past with historic area and that organizatiOn has been funded by the City in the past and they urged those members on the City Council to refrain .from voting on this issue this evening. There is a lot of information in the letter that the City would be taking a grave risk if they vote to extend this. Maria Smith stated she was originally concerned with how her comments would fit in . with historical district ~ussi0ns,. The rea!.i~.,s.H~ ......................... don't want their husbands to hang out at Hooter's.. This is a way for students to make good money and go to college. Her daughter works for HOOter's. The restaurant provides security'When their shift ~"0ve~. 'This could_.o, nly help the area. The tax benefit to the City is obvious. Regarding the clothing that the girls wear, girls wear less to high school. Their tops are tow and they wear shorts. There are as many couples and families as single men who go there. The kids think this is like a celebrity. The real issue is there are people concerned about this type of an establishment. This is near a freeway and there are businesses around it. She asked.that they look at this with an open mind and an empty stomach and go and enjoy the best wings you will ever have. Rich Guarienti stated as a former member of the Heritage & Cultural Arts Commission, he felt coming off the freeway making a left turn is where you go into the. heritage district. The epicenter is really at DOnlon Way and Dublin Boulevard. He did not. th~ of anything east of San Ramon Roa& We could include ~milla Springs as this is a very important area. In listening to the comments, he suggested they only look west of San Ramon Road. He stated.he had been to.a Hooter's.in Nashville, TN in 1990, and he was not offended and his wife was.not offended. ...... Nick Trani, owner of Hooters stated they love the advertisement and give and take of Hooters coming to town. It is impossible to pay the amount of money to buy this. The truth has to be stated, what is a Hooters. His .ES year old son who graduated college said they needed to diversify. The idea of a Hooters. completely threw him when his son. suggested this. He, his wife and 10 year old grandson went to a Hooters in Long Beach on a Sunday night. He talked about his experience. The symbol of Hooters is an owl and it has no other meaning. 75% of sales are food. There is no. hard !iquor sold. Hooters is a fun restaurant and place to go. Mayor Lockhart closed the public hearing. CITY COUNCIL MI .NU. TES VOLIJME 22 REGULAR.MEETING November 1.8~ 2003 PAGE 661 Mayor Lockhart stated maybe there has been some misunderstanding on both parts. Because of the timing this seems to have focused on only one business. The City is serious about our historical district. This whole discussion took place long before there was even talk about a Hooters coming into our community. In looking at our G&O~ them am a lot of high priority items. A lot of businesses will have to consider their time during this lxvcess. This is not just their business that's being looked at. There ~s historic value in the area and we just want to make sure We include all of it. in o~ plan. As soon as this is determined, it will all be cleared up one way or the other. We can then look at adjusting our boundaries accordingly. This is a temporary thing. We need to take a time out and do the study and move forward. Dublin is a City that is known as business friendly. We are very protective of an area that has historic value. She~tated she wants to take the time to read an._d.._re_~..w t~._e..~...g~_g~..~n_~.s, upports adding this as a closed session item on the next agenda. Cm. Zika stated the Council doesn't know what's in these 17 or so pages and also doesn't know what the consultants will come up with. If we do a 6g-day extension to the Ordinance and consider this at the January 16· meeting, we would have all the facts. Cm. Oravetz requested they give them time to hear the consultant's report and read and digest this letter and then get on with it. Cm. Sbranti stated the Council has been talking about this for a long time. They talked about it in terms of the office project. We are close to determining the boundaries' and in July was when we authorized the consultant to start working on establishing a district. We didn't even know Coco's was closing then. He stated he agreed that this process shouldn't take 10 ½ months. They need to hear what the consultants have to say. People just look at this one moment in time and. don,t..!oo, k at the. h.i..story and what this meant for the region. We need to let the process continue. Cm. Zika asked if they could extend this for 62 days until the second January meeting. city Attorney Silver advised that state law allows them to extend it up to I 0 ½ months. She' suggested extending it to the day after the second January City Council meeting, which would be January e_l, 2004. Vm. Mccormick stated to her, it is all about the report. She doesn't care about what restaurant goes in them. She cares about the histodc .dism.'c.t. agd... ~stab~.shing it. She wants to see the report and wants to establish a historic..distri'ct, CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18, 2003 PAGE 662 Mayor Lockhart statedthey need to stay the course and not get sidetracked with other issues. Let's just do it and get it over with and move on. The~ goal is not to delay a business. She stated she had read Mr. Trani's comments.~ the. n~.w. spaper, saying he did not believe the City is trying to delay his business..This is important to the community, and they are halfway through the process. Mr. Ambrose clarified that the City Council will not have a complete report by that meeting, but will be in a position to establish boundaries. Mayor Lockhart stated there are.a lot. of. busin.ess, e~.over t..here.~hat.~0uld Me ~ kngw the historic significance to their businesses. Cm. Oravetz commented on property fights issue and requested that they be patient. On motion of Cm. Zika, seconded by Cm. Sbranti, and by unanimous vote, the Council waived the reading and on an urgency basis, with an extension to January 21, £004, adol~ed ORDINANCE NO. 16- 03 AN URGENCY ORDINANCE MAKING FINDINGS AND ESTABLISHING A MORATORIUM ON THE APPROVAL OF PERMITS FOR DEVELOPMENT IN THE DUBLIN HERITAGE HISTORICAL.OIS~RICT. AR.E~ PENDING THE' COMPLETION OF ASPECIFIC PLAN RESOLUTION OF INTENTION TO MODIFY THE ADOPTED RIGHT-OF..:WAY ALIGNMENT FOR.ST,. pATRIC'K~ WAY ......... FROM REGIONAL STREET TO GOLDEN GATE DRIVE .PA 957043 9:50 p.m. 6.4 (820-90) Mayor Lockhart opened the public hearing. Senior Civil Engineer Michael Stella presented the Staff Report. St. Patrick way is identified as a major east-west road'to serve downtown Dublin, .It will be a connection to 1-680 on/off ramps, allowing development of surrounding land uses per the West Dublin BART Specific Plan. The ultimate right-of-way width will vary between 68 and 71 feet. The ultimate section will. consist 0ftwo 12 f~twide.~avel .... CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18, 2003 PAGE 663 ' CITY CLERK ': ~" ...... " File#1 II~l/L.~JOl_~lx-/ll I ' "-" ~r--~'""O'- AGENDA STATEMENT CiTY COUNCIL MEETING DATE: NOVEMBER '18, 2003 SUBJECT: Public Hearing pA 02-074 10-m0nth and 15-day Extension of the 'Interim Urgency Ordinance on the Approval of Permits for Development in the Dublin Heritage Historical District Area Pending the Completion of a Specific Plan for the area located along Dublin Boulevard, extending westerlY of Donlon ' Way approximately 400 feet and easterly of San Ramon Road approximately 950 feet, and extending approximately 625 feet north and 700 feet' south of'such stretch of Dublin BoUleVard. Report Prepared by Andy Byde, Senior Planner ATTACHMENTS: 1. Draft UrgencY Ordinance; 2. Ordinance No. 12-3, Urgency Ordinance Making Findings and Establishing a Moratorium on the Approval of Permits for Development in the Dublin Heritage Historical District Area Pending the Completion of a Specific Plan 3. Agenda Statement from October 7, 2003 city Council 'Meeting Proposing Adoption of 45-Day MOratorium in the Proposed Specific P1an Area w/o attachments ., . ' 4. ' Diagram of Moratorium Area. RECOMMENDATION~ ~ 1. Open the public hearing; . · ' - ''k./ 2. Receive the Staff presentation; 3. Take testimony from the Public; · 4. Close the public heating; 5. Question Staffand the Public; 6. Deliberate; and 7. Waive reading and adOpt the Urgency Ordinance (Attachment 1) extending the moratorium for 10 months and 15 days. The extension of the Interim Urgency Ordinance would enact a moratorium on the issuance or approval, of any building permits or land use permits that would result in the .construction or initiation of specific uses on anY parcel . located in the Historic Area FINANCIAL STATEMENT: None at this time COPIES TO: In House Distribution ITEM NO. G:~PAfi~.002\02-074 Historical StudyLMoritoriumX~Revised Staff Report on Extension of Moratorium ver3.DOC BACKGROUND: IntroduCtion At the October 7 and October 21, 2003 City Council meetings' the Council enacted an' interim urgency ordinance establishing a moratorium on approvals of permits for development in the Historic Area. (The adoption of the October 21, 2003 ordinance corrected an omission in the notice of the Octo. ber 7, 2003 ordinance.) Pursuant to the terms of state law,. the interim ordinance terminates 45: days after its enactment. Tonight's item would, purs~_~_aqt to the requirements of state law, extend the moratorium on development approvals for period not to exceed 10 months and 15 days. Prior Council Discussion of the Historic ,1rea On March 19~ 2001, during the Goals and ObjectiVes session, the City Council requested Staff, 'as a high priority, to develop plans for a historical district designation for the Donlon Way area. On June 1st, 2001, the CommUnity Development Department received an application for a Site Development Review, proposing to redevelop the property known as the Dublin Square within the Donlon Way area, with a new, 'three-story, 89,000 square foot office building. At the City Council meeting of June 19, 2001, Staff proposed an urgency ordinance to establish a moratorium on development approvals in the Donlon Way area. After an extended discussion at the June 19, 2001 meeting, the Council voted 5-0 to table the consideration of the Urgency OrdinanCe until the next Council meeting to provide the Dublin Square applicant with an. oPPortunity to determine whether it wished to move forward with its project. At the July 3' 2001 City Council heating, the matter was taken off the table for consideration, and Staff presented two options to the City Council for further actions. Option 1 was a Study Session to examine the scope and the desired direction of the proposed historical district designation for the Donlon Way area and the integration of'the Dublin Square property into the designation area; Option 2 included initiation of a Specific Plan for the Donlon Way area. Staff'explained that the Specific Plan process would include: (1) economic analysis to examine financial conStraints and financing' options; (2) a public pa.,'ticipation component to determine the needs of the property owners and wishes of the public; (3) design guidelines to determine appropriate design criteria for the area; and (4) a land use analysis to determine a compatible mix of appropriate land uses. The City Council voted to proceed with a study session to eXamine the Donlon Way area. At the conclusion of the study session on August 21, 2001, the Council voted to undertake a Specific Plan for the Donlon Way Area. In late 2001, the application for the new 3-story office building was withdrawn. The City Council at *he 2003/2004 Goals and Objectives meeting in the spring of 2003, voted to carry over, as high priority, plans for Historical District designation of Donlon Way, specifically including Alamilla Springs and the Green Store, and complete a new Specific Plan and or Zoning for the area. As part of the 2002-2003 budget, the City Council provided funding to prepare a Specific Plan/Historical District for the Donlon Way area. To provide the background information on the existing historical/archaeOlogical resources, Staff determined that experts in historical/archaeological resources would be necessary to assist in developing the base information of the Specific Plan/Historical District. At the May 20, 2003, City Council meeting, the Council authorized the selection of two consultants to assist City Staff in the preparation of the Specific PladHistorical District. Specifically, the City selected Page and Turnbull for historic resources .identification .and the preparation of design guidelines and William Self and Associates for the archaeological assessment of the general area. Page and Tumbull's scope of work for their report includes a recommended boundary for the Specific Plan area. Page and Tumbull is in the process of completing its assignment. William Self has completed a preliminary report. 2 At the September 16, 2003, meeting, the City Council expressed its strong desire to immediately move forward with a comprehensive Specific' Plan for the Historic Area with the purpose of unearthing the historical past in~ and preserving and protecting the Historic Area. Adoption o£the Interim Ordinance On. October 7, 2003 and October 21, 2003, the City Council adopted an interim urgency ordinance for the parcels within an area designated by the Council as the Historic Area (see Attachment '3) which imposed a moratorium on the issuance or approval of any building permits or land use permits that would result in the construction or initiation of the following list of uses on any parcel located in the Historic Area: . . 1. Adult Business Establishment 2. Ardmal Sales and services 3. Automobile/Vehicle Brokerage 4. Community Care Facility / Large 5. Dance Floor · 6. Drive-in/Drive-through Business 7. Eating and Drinking Establishment 8. Fortunetelling 9. Health Services/Clinics 10. Massage Establishment 11. Plant Nursery 12. Recreational Facility / Indoor 13. Recreational Facility/Outdoor 14. Retail - Outdoor Storage 15. Service Station 16. Shopping Center · -. (' .(The :uses listed above are referred to below.as "the Prohibited Uses.,") ' ' The purpose of the urgency ordinance was to preserve the status quo in the Historic Area while the City completes pending studies and evaluates the need for potential future studies, which are necessary to catalog the existing historical resources in the Historic Area, and completes a Specific Plan. In particular, the interim ordinance noted that the City anticipates that among the tools that the Specific Plan may recommend are (a) various means to preserve, protect, and highlight existing historic structures and sites, (b) architectural guidelines, which Would apply to all structures and future development in the area, that would serve to promote a theme related to the history of the Historic Area; and (c) the placement of signage and mOnuments at the location of historic sites. The council concluded that the untimely changes in uses could ultimately frustrate the City's long-term efforts to ensure the area is developed consistently with the City's goals for the HistOric Area. Accordingly, the ordinance determined that the above listed uses may be in conflict with the contemplated Historic Area Specific Plan, the goals of which are to encourage the development of an historic-themed, pedestrian-oriented commercial area, centered arotmd the historic structures and sites that mark the community's founding. The Historic Area has a mix of zoning districts including Planned Development, C-l, H-l,. and R-S-D-20. The predominant zoning 'is C-l, and the Prohibited Uses are allowed within the C-1 and Planned Development Zoning Districts. For the duration of the moratorium, the Prohibited Uses would be prohibited from receiving building permits or land use permits that would result in the construction or initiation of the Prohibited Uses· The Prohibited Uses Were chosen from among all uses ·because of the potential that the initiation of such uses cOuld frustrate the goals of the Specific Plan. Staff selected a list of USes that could possibly occur within the timeframe of a year and were' economically viable based' on land value and physical site constraints. Staff, then narrowed this list, based on whether the use fetl into one the two following " categories: (1) a use type that may not be consistent with the historic nature of the area; and (2) use types that result in'the construction Of'buildings that are not or may not be consistent with the historic nature of the area. Examples ora use type that would not be consistent with the historic.nature of the ama.wou!, dbe fortune telling, massage establishment, adult business establishments, dance floors, or..a recreational facility. Examples of a use type that could result in the construction and/or renovation of b..uildings that are not consistent with the historic nature of the area are .animal sales and services, community care facilities, drive in business, eating and drinking establishments, service centers, and shopping Centers. The interim ordinance specifically acknowledged that the ultimate boundary for the SpeCific Plan had yet to be determined and that the moratorium, boundary was an interim boundary based on information preSently known to the City, and pending a recommendation from the City's architectural conSultant. The interim ordinance also acknowledged that the area considered for inclusion in the Specific Plan had been expanded beyond the area considered previously by the Council to include, the four comers of the · intersection of San Ramon Road' and Dublin Boulevard and areas west of Donion Way along Dublin Boulevard. The ordinance noted that purpose of this expansion was to preserve/lac status quo while the City considered both (a) the :potential for the existence of historic resources on such properties in the expanded area, and (b)the potential for the intersection, given.its status as a major enU'y way into the City, to serve as a historic-themed entry way into the historic district. The statute authorizing development moratoria (Government Code section 65858) requires that the City cOuncil find that "there'is a current and immediate threat to the public health, safety, or welfare," and that further development approvals "would result in that threat t° public health' safety, or welfare." Consistent with this mandate, the interim ordinance concluded that the approval of development within the Historic Area, prior to the adoption of the Specific Plan, could further deteriorate the:hS~pfiq.~es?~ .within.~e .. . :HiStoric Area'and frustrate the City's goal of protecting, preserving, and unearthing histoncal:[~ources m the HistOric Area. The ordinance, also noted that the Specific Plan could be frustrated, if, during the period when the Specific Plan is being studied, property owners could cOntinue to develop their properties in a manner that might defeat the ultimate objectives of the proposed Specific Plan. The courts have consistently held that aesthetics and protection of community character consistent with the goals of the proposed Specific P1an .are sufficient to support the findings required by Government Code section 65858. (See, e.g., Crown Motors v. City of Redding (1991) 232 Cal. App.3d 173, pp. 178-179; 216 Suffer BctyAssoc. v. County of Sutter (1997) 58 Cal. App.4th 860, pp. 868-869.) The Status Report On November 4,' 2003, consistent with the requirements of state law, the City Council issued a status report on the measures taken to alleviate the condition within the Historic Area that led to the ..adoPtion of the interim ordinance. The status report, which took the form of the Staffreport submitted to the Council, described several measures that had been taken to alleviate the condition that· resulted in the. adoption of the Ordinance, which is the process of completing the Specific Plan. First, Staff had begun the process of expanding the architectural consultant's historic resources identification project. The report indicated that the results of this study will provide the information neceSsary to define, with more specificity, the nature of the Specific Plan, Second, the .report indicated that the consultant, would prepare descriptive design guidelines to regulate rehabilitation of existing structures (including appropriate use of materials and colors) and regulate new constrUction within the area. Finally, the report set forth a chronology of actions that must take place in order to complete the specific Plan. 4 DESCRIPTION: Pursuant to State law, in order to extend a development moratorium ordinance' beyond the initial 45-day period, the City.Council must hold a noticed public hearing. The Ordinance was adopted on October 7, 2003, and will expire on November 21, 2003. Accordingly, Staff noticed tonight's public hearing pursuant to the terms of Government Code section 65868, by posting the notice in three places in the City. Staff took the additional steps of mailing notice to all property owners and tenants within the moratorium area and publishing notice in the Tri-Valley Herald. As was indicated in the Staff report at the last Council meeting, Staff and the City's architectural consultant are currently preparing the background information necessary for the preparation of Specific Plan document. Some .of the background information, including the historic resources identification project, is expected to be completed by' late this year or early next year. However, prior to the completion of a draft of the SPecific Plan document, additional work will be necessary, including (1) completion of design .guidelines; (2) evaluation of a historical district designation potential; (3) assessment of appropriate land uses in the Specific Plan area; (4) preparation of appropriate development regulations (i.e. setbacks, views, access, open space, and architectural considerations); and (5) assessment of future infrastructure needs and existing economic constraints. When those studies are completed, Staff can complete a draft of the Specific Plan document, hold appropriate hearings, and present the document to the Planning Commission and City Council. Based on the conclusions within the historic resource identification/evaluation, Staff will recommend to the City Council the approach that will best accomplish the goals of the proposed Specific Plan. Additionally, Staff anticipates that the Specific Plan may require additional assistance for specific professional tasks. These above outlined tasks will require significant Staff time, well in excess of the current, expiration of the existing urgency ordinance. Therefore, because of the numerous tasks required to complete the Specific Plan, Staff recommends that Ordinance be extended for the full 10 months and 15 days. .' · Consistent with the interim nature of the moratorium boundary, Staff anticipates that, were the City Council to extend the moratorium for an additional 10 months and 15 days, the City's architectural consultant, Page and Turnbull, would propose a final specific-plan boundary prior to the expiration of the moratorium, and Staff would return to the Council with a request that it establish a definitive boundary based on this recommendation. At that time, sufficient studies will have been completed to provide the City Council with the information that it needs to make a fmal determination regarding the boundaries of the Specific Plan area. This information will likely include additional detail on the location of various historical resources and sixes in the current moratorium area and information on the feasibility of creating a gateway to the' Historic Area at the intersection of San Ramon Road 'and Dublin Boulevard. Onee the definitive boundary is approved, Staff anticipates asking the City Council to amend the moratorium ordinance to lift lhe moratorium as to the portion of the area not included within the recommended boundary and to consider amending the list of Prohibited Uses in light of the approved of a final boundary for the specific-plan area. At the City Council's November 4 meeting, a representative of Hott Wings, Inc., which, has submitted a building permit application for tenant improvements for the structure at the southeast comer of San Ramon Road and Dublin Boulevard, indicated that the building permit application her client submitted was not subject to the interim urgency ordinance. For the' reasons set forth below, Staff believes that this statement was inaccurate. The interim urgency ordinance does and, if extended, would apply to any presently pending building permit applicatiOns that would result in the construction or initiation of the Prohibited Uses set forth in the Ordinance (as well as any subsequently submitted applications).. The 5 language of the ordinance provides that "no building permit shall be approved or issued" that. would result in the construction of any of the Prohibited Uses in the Historic Area. The case law has approved the prohibition on the issuance of building permits ·pending the adoption of land use plans. (See blunter v. Adams (1960) 180 Cal.App.2d 511.) To the extent that the representative of Hott Wings means that the interim urgency ordinance is inapplicable to Hott' Wings' pending application became it would not result in a change in use, this representation is also incorrect. The purpose of the interim ordinance is to maintain the status quo pending the completion of the Specific Plan. ' Were the adoption of the Specific Plan to result in change in the land use designation for the property on which Hott Wings seeks a building i permit to, for instance, preclude the current use of the prOperty, the current use of the property would become a legal nonconforming use. In such case, a building permit, to the extent it authorized a change in the intensity or extent of the use, could not be issued because it would result in an expansion of a legally non-conforming use. (Dublin Mun. Code, § 8.140.050.) Thus, if the building permit were issued, the status quo would not be preserved, as it could result in the expansion of what would be a legal nonconforming use after the adoption of the Specific Plan.. Similarly, the application df the interim urgency ordinance to such building permits is necessary to ensure that such projects do not escape other develoPment regulations that may be imposed by the Specific Plan. For instance, Staff can envision architectural regulations that require certain types of design for all interior and exterior improvements in the Historic Area. In addition, the'Specific Plan might include requirements that development projects provide on-site displays that showcase the history of the site, Finally; since the Hott Wings' project is at the intersection of San Ramon Road and Dublin Boulevard, the SPecific Plan may include policies designed to' encourage the Creation of an entryway to the Historic Area that might impose conditions on the'issuance of the building permit. Obviously, if a building permit were approved prior to the adoption of the SPecific Plan, the Project would avoid these reqUirements. This is the very purpose for which the moratorium ordinance and statute are designed. (See Miller v. Board of Public Works (1925) t95 Cal. 477, p. 496.)' The extension of the interim urgenc~ ordinance would take effect immediately if adopted by a four-fifths vote by the City Council. State law requires the ordinance to include a finding that there is a c~ent and immediate threat to the public health, safety or welfare, and that the issuance' on approval any building ' permits or land use permits that results in the construction or initiation of any use on any parcel located in the Historic Area would result in that threat to public health, safety or welfare. The findings would be identical to those set forth in the interim ordinance adopted on October 7, 2003 and described above. Although the Ordinance would not permit the City to approve applications for development, state law requires the City to continue accepting and processing any applications for. development approvals. Finally, Staff proposes this ordinance not apply to building permits for the following types of repair'work that the Building Official determineS is necessary for the safety of the occupants of a presently occupied structure: · 1. Repair work t° exiSting seWer or water compOnent(s) that does not result in expansion of capacity of the stmcture*s sewer and water system. 2. Repair .or replacement of existing HVAC equipment that does not result in expansion of capacity of the structure's HVAC system. 3. Repair work to electrical systems that does not result in' expansion of capacity of the structure's electrical system. 4. Repair to existing structural components of the structure, such as load-bearing walls and the structure's roof, that is made necessary by the failure or imminent, failure of the structural components of the structure. 6 RECOMMENDATION: Staff recommends the City COuncil open the public hearing; receive the Staff presentation; take testimony from the Public; close the public hearing; question Staff and the Public; deliberate; waive reading and adopt the Urgency Ordinance (Attachment 1) extending the moratorium for 10 months and 15 days. DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECT DRAFT DUBLIN HISTORIC RESOURCES IDENTIFIcATIoN PROJECT I. PROJECT BACKGROUND Early in 2003 Dublin City Council asked the City Planning Department to prepare a Specific Plan for the Donlon Way area, an approximately thirty-acre area in West Dublin. The City of Dublin retained Page & Tumbull to prepare the Historic Resources Identification Project (HRIP) as part of these efforts. The main purpose of the HRIP is to identify and map existing historic resources in the Donlon Way area, the historic nucleus of what was known as Dublin Village from the late 1850s until the 1960s. Page & Turnbull researched the history of the Donlon Way area, identifying the location of several dozen historic buildings and sites, many of which no longer exist. The data collected and interpreted by Page & Tumbull will be a key component of the. planning currently underway in the Donlon Way area and will assist in the determination of appropriate uses for some privately held property in the area. II. PROJECT LOCATION The City of Dublin is a community of more than 35,000 people located in the Amador Valley of north central Alameda County. The precise location of Dublin is identified on the Dublin California USGS 7.5' topographic map (Figure 1). The Donlon Way area xs located in %Vest Dublin, an area historically known as "Dublin Village." The location of the survey' area wit~un West Dublin is shown on Figure 2. The entire survey area is approximately thirty acres. It is bounded by the western property line of the Hexcel Corporation property to the west, the northern property line of parcds on the north side of Dublin Boulevard to the north, San Ramon Road to the east (with the exception of four parcels on the northeast and southeast comers of the intersection of Dublin Boulevard and San Ramon Road) and Interstate 580 to the south. III. EXECUTIVE SUMMARY The Donlon Way area roughly conforms to the historic settlement known as Dublin Village. Although today dominated by late t,,ventieth century commercial, retail and residential uses, the area also contains several historically significant buildings, structures, sites, objects and landscape features dating from the latter half of the nineteenth century and the early part of the twentieth century. The first component of the Historic Resources Identification Project identified all historic resources in the Donlon Way area. Previously listed historic resources include the Old Murray School and St. Raymond's Church at 6600 Donlon Way and Green's Store at 11873 Dublin Boulevard. All 'three are listed California Points of Page & Turnbu/l, Inc. December 12, 2003 ATTACHMENT 3 eagel DUBLIN HISTORIC RESOURCES 'IDENTIFICATION PROJECT DRAFT Historical Interest and located within the core historic area. Other potential historic resources that have no formal historic status are scattered throughout the larger survey area. These include: Dublin Pioneer Cemetery at 6600 Donlon Way, "Ponderosa," a circa-1929 bungalow at 6570 Donlon Way; the Bonde House, a circa-1923 bungalow at 11760 Dublin Boulevard; Alamilla Springs and a remnant of a walnut grove at 7100 San Ramon Road; historic walnut trees on the Heritage Park Office Center property at 11887 Dublin Boulevard and a pair of mature Valley Oaks at 7125 San Ramon Road. There are also several potential archaeological sites located within the survey area. These are evaluated in a separate report by WilEam Self & Associates. Concluding the f'n:st phase of the project, Page & Tumbull prepared a comprehensive historic context for Dublin Village as well as completing Department of Parks and Recreation (DPR) 523 A (Primary) and 523 B (Building, Structure and Object) forms for each property in the survey area. As part of the second phase of the project Page & Turnbull devised a series of recommendations intended to a) protect existing historic resources in the core historic area and b) enhance the architectural and visual character of the peripheral historic area. To protect Dublin's core historic area Page & Turnbull recommends incorporating a Preservation Element into the proposed Donlon Way Specific Plan. The Preservation Element shotfld include an officially designated and adopted inventory of historic resources. In addition, the City of Dublin may wish to revise and resubmit the National Register of Historic P/aces district nomination prepared for Dublin Village in 1977 by Richard Freudenheim. If the boundaries are drawn to include only contiguous historic resources, a National Register.listed historic district would stand a very high chance of being approved, lending formal recognition to a small yet significant cluster of resources important not only ~vithin the context of Dublin but also Alameda County and the larger Bay Region. Figure $ is a map showing the core historic area and the proposed historic district boundaries. Page & Tumbull's recommendations also address the larger peripheral historic area of the Donlon Way area. Although substantially altered from its historic appearance the peripheral historic area does conform to the historical boundaries of Dublin Village and it contains a handful of historic sites, structures and landscape features including the Bonde House, Alamilla Springs, a remnant of a walnut grove and a pair of Valley (Saks. In addition to protecting these resources Page & Turnbull recommends the creation of a conservation district to conserve important resources in the area. The conservanon district legislation would utilize the tools of design guidelines and design review to ensure the construction of compatible inffll development in the area. Page & Turnbull believes that fostering compatible inffll development in the peripheral historic area is crucial to the integrity and viability of the proposed core historic area along Donlon Way, as well as being helpful in guiding the redevelopment of the Donlon Way area as a Page & Turnbull [nc. December 12, 2003 Page 2 DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECT DRAFF pedestrian-scaled medium-density cultural and civic district adjacent to Dublin's downtown. Figure 4 is a map showing the recommended boundaries of the conservation district , Page & Turnbull, Inc. December 12, 2003 Page 3 TOPO! map printed on 12/12/03 from "California,tpo" and "Untitled,tpg" ~46oOOrnE, ~S7ooomE. 569ooornE, 580ooomE, ~91OoornE. ~03ooomE. ~14OOOmE. ~25ooomE. r~ 3~:ooorn F:. $S1000m5, 539OOOmE' = .~51OeOmE. ~63ooornE. $7SooOmE. ~IB7OOOmE. ~99ooomE. ~llOOemE, 623OOOmE, WG$84 Zon~ 105 *54°°°mE. ~"~'t/~ ? ..... ~ '° '~ ~ ~"~ ] Page ?ri~tecl ft'on~ TOI~3! ~0l i4~tion~!Oeopaphi~ Ho~ (w,~rar.to~o,cmt0 TOF<)! map prJn~ed on 09/12/03 from 'California ~po*~ and *'Un~ieJ %pg" ~.91ooomE s92o~omE' sg~ooomE. ~94oOOmE. ~¢4GS84 Zone lOS $960oomE. z s93ooomE' ~94oO~mE, WG~$4 Zone t©$ ~'h4nted flora T 0~0! ©2901 M~ioml Geogmphi~ Holain~ (~ torso Figure 2 Page 5 0 · o o 6 Figure 3 Page Figure 4 Page 7 DUBLIN HISTORIC RESOURCES IDENTI?ICATtION PROJECT DtL4FF IV. NATURAL SETTING West Dublin is located on the eastern slope of the Dublin Hills, which themselves are part of the Central Coast Ranges geomorphic province. Dublin Creek runs in a southeasterly course from the Dublin Hills through the southern part of the survey area. Originally Dublin Creek was the primary tributary to a large freshwater marsh called Willow Marsh. This feature, which was drained in the late nineteenth century, was located between what are now the cities of Dublin and Pleasanton. Although partially channeled today, the section of Dublin Creek that passes through the survey area retains its natural bed as well as some of its riparian woodland corridor. Although commercial development has resulted in the destruction of most of the native flora and fauna, as well as introduced horticultural landscapes, vestigial sections of undeveloped land remain within the survey area. Plant species within the survey area include native flora species such as Valley Oak and Coast Live Oak, as well as introduced species such as Blue Gum Eucalyptus, Black and English Walnut, willows and various grasses. V. METHODOLOGY In August 2003, Senior Architectural Historian Christopher VerPlanck of Page & Turnbull conducted a reconnaissance survey of the Donlon Way a~ea as well as neighborhoods in the surrounding quarter-mile radius to ascertain if there were any potentially historic resources immediately outside the survey area boundaries. Districts south of 1-580 were not included due to their physical discontinuity with the Donlon Way area. The reconnaissance survey resulted in the recommendation that four parcels on the east side of San Ramon Road, where it intersects Dublin Boulevard, be included in the survey area. These four properties are identified on Assessor's Map 941-305: Parcels 7-2 and 34-2 and Assessor's Map 941- 1500: Parcels 36-2 and 37. The survey area was also extended to the west to incorporate the Hexcel property at 11711 Dublin Boulevard (Assesfior's Map 941-1550: Parcels 9-1 and 3-4). The other properties within the survey area include the folloxving: Assessor's Map 941-1560: Parcels 1-1,1-2, 2-2, 3- 3, 5, 6, 7-1, and 10-1; Assessor's Map 941-1550: Parcels 1-2, 1-10, 1-12, 2-2, 3-2, 4, 5-1 and 5-2; and Assessor's Map 941-40: Parcels 6-10, 6-15 and 6-16. The Alameda County Assessor's Maps covering the survey area are included in the Appendix. Following the reconnaissance survey, Page & Turnbull began the intensive survey of the Donlon Way area. Twenty-five individual properties were surveyed. Each property was visually inspected and inventoried using field survey forms developed by Page & Tumbull, which are attached in the Appendix section of this report. Each property was photographed from public ways. Building materials and Page & TurnbuI~ Inc. December 12, 2003 Page 8 DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECT DRAFT character-defining features for properties containing buildings were identified, and physical condition assessments were prepared. This was done for both historic and non-historic properties. In addition to buildings, any significant natural or manmade landscape features were identified. Finally, any other artifacts such as street trees, road patterns and historical markers were identified and recorded. Upon the completion of the intensive survey, each property was recorded on California Department of Parks and Recreation 523 A (Primary) and 523 ]3 (Building, Structure or Object) forms. These forms record all pertinent information for each property, including location, property ownership, description, date of construction, photograph, sketch map, historical context as well as an assessment for eligibility for listing in the California Register of Historical Resources (California Register) or the National Register of Historic P/aces Oqational Register). In addition, both historic and non-historic properties were recorded in order to provide documentation of what existed historically on each property in the survey area. After they are submitted to the Office of Historic Preservation in Sacramento, these DPR 523 forms will serve as a baseline recordation for each property and the recommended National Register Status Code will be used to determine a given property's historic status (or lack thereof) under the California Environmental~Qua/i~y ~lct (CEoQ,4). All twenty-one DPR 523 forms prepared for properties in the survey area are attached in the Appendix section of this report. The general character of the Donlon Way area is postwar suburban with commercial and high-density residential uses predominating. Previously identified historic resources are concentrated along Donlon Way, centering on the City-owned Dublin Heritage Center site, which includes the Old Murray School, Dublin Pioneer Cemetery and St. Raymond's Church. Another identified historic resource is Green's Store, a privately owned former general store and tavern located on the southeast corner of Dublin Boulevard and Donlon Way. Previously unidentified potential historic resources are scattered throughout the survey area. These include: "Ponderosa," a circa-1929 bungalow at 6570 Donlon Way; the Bonde House, a circa-1923 bungalow at 11760 Dublin Boulevard; Alamilla Springs and remnants of a walnut grove at 7100 San Ramon Road; historic walnut and pepper trees on the Heritage Park Office Center property at 11887 Dublin ]3oulevard; as well as potential archaeological sites on the Fallon Homestead Site, Dublin Creek and the Her)rage Park Office Center. VI. RECORD AND LITERATURE SEARCH In August 2003, Page & Turnbull, Inc. requested the Northwest Information Center at Sonoma State University to conduct a record search for the Donlon Way area. While no previously recorded prehistoric archaeological sites were found within the boundaries of the survey area, eight prehistoric and historic Page & Turnbu/l, Inc. December 12, 2003 Page 9 DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECT DRAFT sites were identified within a quarter mile radius: S-2023, S-11601, S-2400, S-11161, S-17993, S-19834, S- 914 and S-7529. The survey area itself contains one recorded historic-era site: CA-ALA-521H. This resource includes St. Raymond's Church, built in 1859; the associated Dublin Pioneer Cemetery; Donlon Way, a historically significant roadway originally part of the "Old Spanish Trail"; the Old Murray School, built in 1856 and relocated in 1975; the John Green Store, built in 1860; as well as the remains of the Murray-Green residence, outbuildings, well, trash dump and heritage trees associated with the tenure of the Murray-Green families. The Murray-Green site has an archaeological record file of # S-1098, although most of this site was developed in 1978 and the archaeological remains presumably destroyed or covered. In addition, state inventories record three State Points of Historical Interest within the survey area: St. Raymond's Church (SPHI-ALA-001), Old Murray School (SPHI-ALA-029), and the John Green Store (SPHI-ALA-032). Based on the discovery of several prehistoric archaeological sites in the vicinity of the Donlon Way area, the Northwest Information Center believes that there is a moderate-to-high possibility of identifying Native American archaeological resources and a high possibility of encountering historic-period archaeological resources within the survey area. They recommend that further archival and field study by an archaeologist be undertaken prior to any future development projects in the survey area. Page & Turnbull also contacted several representatives of the Ohlone and Bay Miwok tribes to determine if they were aware of any cultural resources or archaeological sites within the Donlon Way survey area. In September 2003, letters were sent to Mr. Andrew Galvan of the Ohlone Indian Tribe, Ms. Ramona Garibay of the Trina Marine Ruano Family as well as Katherine Erolinda Perez, representative of the Bay Miwok Tribe. Mr. Galvan responded via telephone and described the discovery of human remains within a few hundred feet of the survey area, near the 1-580/Foothill Boulevard interchange. Copies of the letter from the Northwest Information Center as well as the letters sent by Page & Turnbull to representatives of local Indian tribes are included in the Appendix. VII. HISTORICAL BACKGROUND Native Americans The human inhabitants of the Amador Valley at the age of European contact were the descendents of immigrants from Eurasia. These peoples were called the "Costenos" by the Spanish explorers and missionaries. The word Costeno means "coastal dwellers" in Spanish and the term came to denote a family of politically autonomous but linguistically related Indian tribelets that inhabited a large territory centered on San Francisco Bay, ranging from Point Sur in the south to the Golden Gate in the north, and Page & Turnbull, Inc. December 12, 2003 Page 10 DUBLIN ~ISTORIC RESOURCES IDENTIFICATION PROJECT DRAFT from the Pacific Ocean on the ~vest to Mt. Diablo on the east. Today "Ohlone" is the preferred term. The Ohlone probably numbered around 10,000 at the time of European contact. On the basis of linguistic evidence it is believed that the ancestors of the Ohlone arrived in the San Francisco Bay Area around 500 AD, having arrived from the Sacramento-San Joaquin Delta Region.1 The Ohlone were divided into a number of smaller, independent tribelets, each numbering from around 100 to i50 members. Villages xvere usually permanent although seasonal hunting or fishing camps were frequently established elsewhere during the appropriate season. Leadership was provided by a chief who ,,vas typically advised by a council of elders. The responsibilities of the chief included organizing hunting and fishing expeditions, leading ceremonies, providing for the sick and hungry and directing fighters in times of war.2 Prior to the arrival of Europeans the Amad0r and southern San Ramon Valleys were inhabited by the Pelnen and Seunen Tribelets of the Ohlone as well as the Tatcan Tribelet of the Bay Miwok, who lived a little further to the north in what is now the San Ramon-Danville area) The Donlon Way survey area was a border region between the Pelnen and Seunen Tribelets.4 Not very much is known about these tribelets, although it is known that both shared the resources of Willow Marsh, depending in large part On seasonal migratory birds that would stop at the marsh on their migration paths. Men handled the responsibilities Of trapping and hunting with bows and arrows and spears, as well as fishing in local creeks and rivers. Game sources included deer, elk, antelope, bear, geese, ducks and quail. Women were the gatherers, harvesting acorns, roots, laurel nuts, berries and other edible plants, 'as well as hauling water and fn:ewood. Women were also in charge of making baskets, sewing clothing from animal hides and building the houses, which were domed structures made of branches and covered with rules, grasses, ferns and other plant materials. Characteristic cultural traditions of the Ohlone and Bay Miwok included the construction of temescals or sweat lodges for ritualistic cleansing. Tools made by the Ohlone included stone mortars and pestles, metates and manos (all for acorn processing), scrapers, drills, knives and arrow points. Basket making was another common cultural practice of the Ohlone people and they were used for many functional purposes as well as for adornment. Other items of personal adornment included finely cut, chiseled and ~ Richard Lev, "Coastanoan," in Handbook of North American Indians, Volume 8, California (Washington, D.C.: Smithsonian Institution, 1978), pp. 485-495. 2 Richard Levy, "Coastanoan," in Handbook of North American Indians, Volume 8, Ca~fornia 0,Vashington, D.C.: Smithsonian Institution, 1978), p. 487. 3 S.F. Cook, "The Aboriginal Population of Alameda and Contra Costa Counties" in The University of Ca~fornia Anthropological Records: Volume 16, No. 4 (Berkeley: 1957), pp. 131-156. Page OTurnbul~Inc Decemberl2, 2003 Page 11 DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECT DRAFT polished shells, which were turned into necklaces, pendants and earrings. Feathers were also used in great quandty for cloaks, headdresses, belts and baskets,s Spanish Arrive in the Amador Valley The fin:st recorded arrival of Europeans in the Amador Valley took place on April 1, 1772 when Lt. Pedro Fages and Fray Juan Crespi, along with a dozen Sp3nish soldiers, trekked through the valley on their way to Monterey. Fages, who was in charge of the Presidio of Monterey, had been in search of a land route from Monterey to Drake's Bay. After f'mding their route north obstructed by San Pablo Bay, Fages decided to return to Monterey- by a different route. Instead of backtracking along the east side of San Francisco Bay-, Fages marched south along an inland valley he spotted between the East Bay Hills and Mt. Diablo. The return trip took the band through the San Ramon and Amador Valleys before heading west through the Sunol Valley. Fages was impressed with the beauty of the country, particularly the rolling green hills to the east, oak-studded ravines to the west, ample streams and numerous Bay Miwok and Ohlone villages. Crespi noted in his diary that the area would be perfect for a mission. From Crespi's dia~ it also seems likely that the party stopped to obtain water at Alamilla Springs, just north of the intersection of present-day Dublin Boulevard and San Ramon Road.6 Mission San Jose The Spanish would not stay away from the Amador Valley for vet3- long. In 1776 Mission San Francisco de Asis was founded in San Francisco. This wasfollowed a year later by Mission Santa Clara. For at least a decade or so the Ohlone and Bay Miwoks of the San Ramon and Amador Valleys were left alone. This state of affairs changed quite rapidly with the establishment of Mission San Jose on the east side of San Francisco Bay in 1797. Two years earlier, members of the Tatcan Tribelet of the Bay Miwok from the San Ramon Valley were taken to Mission San Frandsco de Asis. After 1797, members of the Seunen Tribelet of the Amador Valley began arriving at Mission San Jose.? Although the motivation behind the establishment of the Franciscan missions in California was the result of a mixture of impulses, both altruistic and exploitative, the result was largely an unmitigated disaster for the Indians compelled to live and work there. Although many learned useful skills that would help some compete in the new European economic order, many mm:e were afflicted by disease, alcoholism, peonage and premature death. 4 Richard Levy, "Coastanoan," in Handbook of North American Indians, Volume 8, Ca~fornia (Washington, D.C.: Smithsonian Institution, 1978), pp. 485-495. s Robert Cartier et al, "An Overview of Ohlone Culture," in The Santa's l/illage Site CA-SCr-239, (Cupertino: De Anza College, 1991), pp. 1-2. 6 Herbert Eugene Bolton, Cre{pi, Missiona{y Explorer on the Padfic Coast, ! 769-1774 (1927), pp. 299-300. 7 Malcolm Margolin, The Ohlone W/q, (Berkeley: Heyday Press, 1978). Page & Turnbull, Inc. December 12, 2003 Page 12 DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECT DRAFT Due to its excellent location and extensive pasture lands, Mission San Jose prospered greatly under the leadership of'Father Narciso Duran from 1806 until 1833, the year the Mexican government (Mexico had gained independence from Spain in 1821) secularized the missions. What is now the City of Dublin was part of the vast tract of pasture land in the Amador Valley belonging to Mission San Jose. In 1824 Duran drew up a map of mission lands and marked the Amador and Livermore Valleys as "Valle de San Jose.''s The San Ramon Valley, which was named after an Indian sheepherder named Ramon (the "San" was added later according to custom), was also part of mission lands. By 1827 Mission San Jose had become one of the most prosperous California missions, mostly as a result of its lucrative trade in cattle hides. In 1827 the Mission recorded within its possession 9,000 cattle and 10,000 sheep, large crops of wheat, barley and corn and workshops producing leather goods, tools and even wine.9 Jose Maria Amador Jose Maria Amador, the first settler of European descent to live in what is now Dublin was born at the Presidio of San Francisco. He was the son of Sergeant Pedro Amador, who had come to California with the Portola Expedition of 1769 (Figure5). The exact date of his birth is controversial with many sources disagreeing on the year. H. H. Bancroft says it .was 1794. W. Halley's Centennia/ History of Alameda Courtly, written in 1876, mentions that Amador was then ninety-four years old suggesting a birth date in the early-to-mid 1780s. What is known is that from 1810 to 1824 Amador served at the Presidio of San Francisco initially as part of the San Francisco Company of the Spanish Army and subsequently in the Mexican Army. From 1824 to 1827 he was stationed at the Presidio of Sonoma. In 1827 he was appointed the Mayordomo, or civilian administrator, of Mission San Jose. It was during his time as Mayordomo that Amador first Figure 5. Jose Maria Amador. Image courtesy of Dublin Library became acquainted with the possibilities of ranching in the Amador Valley.~° 8 Father Narciso Duran, Piano Topografico de la Mision de San Jose, (1824: Bancroft Library). 9 Malcolm Margolin, The Ohlone [Vqy, (Berkeley: Heyday Press, 1978). ~0 Ibid., p. 504. Page ff-~ Turnbull, Inc. December 12, 2003 Page 13 DUBLIN HIS.TORIC RESOURCES IDENTIFICATION PROJECT DRAFT Rancho San Ramon Following the passage of Mexican government's Secularization Act of 1833, acquisitive Spanish and Mexican-bom settlers began lobbying the governor of Alta California to redistribute the rich ex-mission lands. EX-Mayordomo ~'I*~ Amador was one of these ** individuals and he was in a ~ good position to benefit. / ; '' .... ca~,~ Even before secularization IX ~"~--~ ~C~----~ ~ took effect it seems likely ~;~= ~o..o. ~ ~:-~. ~~.- that Amador had already ~{t ~._-~_~= I , ~-ff~ ~,~,~_~ homesteaded mission lands ~ ; ~ '., ~L-Zt. ~I ~ ~\-' ~ ®~*[ff~ ~*~: in ~e vaUey that would ~ ~ .................... ~~l~~ ~II1~__~, evenmany be~ his name. c~, , ~at is ce~n is ~at he ......... was already mnn~g cattle ~~ -~~ ~ :~ on the land before ~ning ~ ~k~ ~ ~,~,,~[ ~., ........... fide to the properS. In Figure 6. Conjectural plan of Rancho San Ramon. Courtesy Dub~n 1833 Amador petitioned Heritage Center Cahfor~a Governor Jose Figueroa for fo~ lea~es of land in the San Ramon and Amador Valleys. Shortly aher his f=st request, he asked for an ad~fional 1,800 varas to include ~a~a Springs, one of the most abundant so~ces of fresh water in the valley,n On Au~st 17, 1835, Governor Jose Fi~eroa granted a~ the requested land to Jose Amador32 This vast estate encompassed much of ~e best land of ~ssion San Jose and included over sixteen thousand acres. Named Rancho San Ramon, Amador's land s~etched from the crest of ~e Coast Range on the west to the crest of the Diablo Range on the east, and from the presenbday bound~ be~een San ~mon and Danvi~e on the north to what is now Dub~n Bo~evard on the south33 Around 1835 Amador built a two-story, Monterey-style adobe near Alamilla Springs for his family with the help of English born rancher Robert Livermore, owner of the neighboring Rancho Las Positas. Two years later Amador had become a rich man with 14,000 head of cattle, 4,000 sheep and 400 horses. Amador employed approximately .150 local Indian and Mexican laborers, 'vaqueros, sheepherders and n Reginald R. and Grace D. Smart, Corridor Count{y: _lin Intespretive History of the Amador-Livermore ~alleiy, (Pleasanton: Amador- Livermore Valley Historical Society, 1966), pp. 53-4. ~2 Table of Land Claims, National Archives, San Bruno. ~3 W. Halley, The CentennialHisto{y ofAlameda Coun(y, (Oakland: 1876), pp. 491-94. Page (_P Turnbull, Inc. December 12, 2003 Page 14 DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECT DR,4FT makers of hides, tallow, soap, harnesses, saddles, blankets and farm implements. 14 A conjectural sketch of Amador's home ranch made by J. Hamel in 1994 puts the adobe house, kitchen, well, vaqueros' quarters, store rooms and shops and barns on the site of the existing Petco Store at 11976 Dublin Boulevard and "The Springs" apartment complex at 7100 San Ram6n Road (Figure 6). The rest of the home ranch was occupied by orchards, grape arbors, a kitchen garden and fields of corn and grain, encompassing most of the entire survey area. Amador was not the only Mexican rancher in the area. In 1839 Governor Juan Alvarado granted the 8,885-acre Rancho Santa Rita to Jose Dolores Pacheco (Figure 7)3s This rancho was located south of Rancho San Ramon, encompassing most of what is now Pleasanton. The boundary between the two ranchos splits the Donlon Way survey area into two sections, with most of the properties south of Dublin Boulevard being within Rancho Santa Rita and those north of the line in Rancho San Ramon. ~4 Virginia S. Bennett, Dublin Reflections, (Dublin: Dublin Historic Preservation Association), p. 23. is Table of Land Claims, National Archives, San Bruno. Page & Tuvnbull, Inc. December 12, 2003 Page DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECT DRAFT California Conquered by the United States In spite of its romantic and appealing character, the era of the Mexican rancho -,vas a brief interlude in California's history that was doomed to disappear. In 1846 ',var broke out between the United States and Mexico after U.S. troops occupied disputed territory on the Texas-Mexico frontier (Texas had been annexed the previous year). Lt. Col. John C. Fremont, who had been sent to California by the American Government the year before to reconnoiter the strength of Mexican forces in the province, began quiedy inciting American citizens in California to revolt against the already weakened Mexican authority. Fremont himself paid a visit to the Amador Valley on January 25, 1846, on his way to Ft. Sutter in the Sacramento Valley. He did not stay long although he took the opportunity to seize most of Jose Amador's horses.16 Thanks in part to Fremont's actions, on June 6, 1846 American settlers in Sonoma County declared California an independent republic, raising the improvised Bear Flag over Sonoma Plaza. A month later Commodore John D. Sloat sailed into Monterey, the capital of Mexican California, and raised the U.S. flag, officially seizing the province. Although some heavy fighting between Mexican and American forces continued on into 1847 in Southern California, the entire northwestern part of Mexico was ceded to the United States a year later by the terms of the Treaty of Guadalupe Hidalgo. Even before the ink had dried on the treaty, American and European settlers were trickling into California, confident that the recently annexed territory would soon become a state, which took place only two years later in 1850. The discovery of gold at Sutter's Mill increased the trickle to a flood and between 1848 and 1852 the population of California increased from 14,000 (excluding Indians) to 224,000. Although many were initially attracted by gold, others were in search of farmland and a new start in life. Many who did not get rich in the gold fields settled down in San Francisco, Sacramento or rural areas. Irish Immigrants Settle the Amador Valley Prior to Statehood there were no European settlements in the Amador Valley outside of Amador's rancho. Amador's Rancho San Ramon sat astride two Indian and later Spanish trails: one heading east- west over the Coast Range from San Francisco Bay to the San Joaquin Valley and a north-south trail that connected the village of Martinez on the Carquinez Straits to Mission San Jose. Situated at this important crossroads near the fresh water Alamilla Springs, Rancho San Ramon, or "Amador's" became aprincipal stopping point for travelers in search of water, food and lodging. m6 George Tays, Histotica/Sites and landmarks of Alameda County, California, (Oakland: Alameda County Library, 1938), p. 234. Page & Turnbull, Inc. December 12, 2003 Page 17 DUBLIN ttlSTORIC RESOURCES IDENTIFICATION PROJECT DRAFT The earliest non-Hispanic setters of what is now Dublin were three Irish immigrants: Michael Murray, his sister Eleanor and Michael's best friend Jeremiah Fallon37 All three were from Count-)' Roscommon, Ireland. Eleanor and Jeremiah were engaged to be married on the ship bound from Ireland to New York in 1833. It took another five years of working as a shipbuilder in New Orleans before Jeremiah fek financially secure enough to marry. In 1844, the Fallons and their two children journeyed to St. Joseph, Missouri to visit Michael Murray. They found him preparing to journey west to California and perhaps on a whim they decided to join him. After selling the family's possessions in New Orleans, Fallon returned to St. Joseph and together the families purchased wagons and joined the thousands of others driving west on the California and Oregon Trails. After momentarily falling in with the ill-fated Donner Party, the Fallons and Murrays split off at Ft. Bridget.18 After arriving in California in 1846, the Fallons and Murrays took up residence at Mission San Jose for a short while before they were struck by Gold Fever. Following the discover5, of gold at Sutter's Mill in 1848, Jose Amador and some of his ranch hands made their way to the Sierras to prospect for gold. Amador's unprecedented industrial-scale efforts were richly rewarded by pounds of gold dust as well as the honor of having a county in the new state named after him? Gold fever also afflicted Michael Murray and Jeremiah Fallon although they do not seem to have been as successful as Amador. According to family lore Eleanor Fallon made more money than her brother and her husband by cooking for the other miners.2° While in the Sierras it seems likely that Amador met Fallon and Murray because in i852, Murray and the Fallons returned from the Sierras, made their way to the Amador Valley where they each bought 245 acres of land from Amador? ' Alameda County and Murray Township Organized fmmediately after Statehood the Amador Valley was part of Contra Costa County, one of California's original twenty-seven counties. In 1853 Alameda County was carved out of neighboring Contra Costa and Alameda Counties. A year later Alameda County was divided into six townships: Oakland, Alameda, Brooklyn, Eden, Washington and Murray (Figure 8). Murray Township, which comprised approximately four hundred square miles of land, was the largest township in the county but it was also the most thinly populated. ~7 Virginia S. Bennett, Dublin Reflections, (Dublin: Dublin Historic Preservation Association), p. 24. Is Ibid., pp. 49-50. · ~9 Reginald R. and Grace D. Smart, Corridor Count~,: An Interpretive Histoo, of the ~lmador-Livetmore Va//{7, (Pleasanton: Amador- Livermore Valley Historical Society, 1966), pp. 55. 20 Virginia S. Bennett, Dub/in Reflections, (Dublin: Dublin Historic Preservation Association), p. 24. 21 Virginia S. Bennett says that together Fall0n and Murray bought 1,000 acres from Amador. While this may indeed be tree, the parcels that appear on County maps from the late nineteenth century marked with their names are both roughly 245 acres apiece. Page & Turnbull, Inc. December 12, 2003 Page 18 DUBLIN [{ISTORIC RESOURCES IDENTIFICATION PROJECT DRAFT James Witt Dougherty Murray Township was named after Michael Murray who had in several years become a moderately prosperous sheep rancher and one of the most influential residents of Eastern Alameda 'County.22 Murray's influence would not last long. In 1853, the same year that Murray Township was formed, James Witt Dougherty arrived in the Valley and purchased 10,000 acres of Rancho San Ramon from the increasingly cash-strapped Jose Maria Amador for $22,000.23 Like many Me,can rancheros, Amador was forced to prove title to his lands after the American conquest, a lengthy and finandally exhaustive process that forced him to sell off lands to pay his legal fees. James ~vitt Dougherty was born in Tennessee. At the age of seventeen he moved to Mississippi where he eventually became a sheriff. In 1849 he set sail for California from New Orleans to seek gold. After a brief sojourn back to Mississippi, he returned to California permanently in 1851. Following his initial purchase of 10,000 acres of Rancho San Ramon in 1853, Dougherty continued to augment his holdings with additional purchases from Amador and Jose Pacheco, the owner of Rancho Santa Rita. By the time of his death in 1897, Dougherty owned around 17,000 acres, more than any other individual in Alameda County with the exception of the railroad baron Charles McLaughlin.24 Dougherty and his family initially made their home in the old Amador adobe, living there until it was destroyed in 1861 by a major earthquake on the Calaveras Fault, which runs directly beneath the site now occupied by Petco and The Springs Apartments.2s Agriculture in the Amador Valley Early settlers in the Amador Valley such as Amador, Fallon, Murray and Dougherty took advantage of the fertile soils, abundant water and benign climate to raise livestock, such as cattle, horses and sheep, as well as growing bumper crops of wheat. By 1860 Dougherty had 4,000 head of cattle, 200 horses and approximately 1,500 acres of wheat under cultivation.26 In the March 1860 article of the ~l/ta California, writer summed up the importance of the Amador Valley as an important agricultural valley in California: The Amador Valley is one of the most important stock valleys in the state and certainly in proportion to its size, is the f-mst. The land is rich, moist and warm, and produces feed when other valleys are bare. The hills produce wild oats, and the lowlands native clover, both excellent for stock. In the springtime cattle prefer to range in the hills, in the summer and fall they love the clover? 22 Thompson & West, New HistoricalAtlas of Alameda Co., CA, (Fresno: Valley Publishers, 1976 Reprint of 1878 edition), pp. 15- 16. 23 Virginia S. Bennett, Dublin Reflections, (Dublin: Dublin Historic Preservation Association), p. 67. 24 M. W. Wood & J. P. Munro-Fraser, History of Alameda Count, California, (Oakland: Munro-Fraser, 1883), p. 875. 25 Thompson & West, New HistoricalAtlas of Alameda Co., CA, (Fresno: Valley Publishers, 1976 Reprint of 1878 edition). 26 Alta California (March 1, 1860). 27 Ibid. Page & Turnbul~ Inc. December 12, 2003 Page 20 DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECT DRAFT Murray School Coinciding with the growing agricultural prosperity of the Amador Valley was the development of a small crossroads setdement at the intersection of the old Spanish trails. By the mid-1850s this tiny settlement, which was still called Amador's or Dougherty's Station, included the dwellings of the Fallon, Murray and Dougherty families and a handful of commercial, religious and civic buildings. The earliest recorded building not directly associated xvith these three families was a small one-room schoolhouse built to educate the children of the Amador Valley. The N1urray School District was formally organized in 1866, serving most of western Murray Township.28 Built in 1856, the Murray School originally housed fifty students? Traditional accounts have maintained that the Murray School was built on Dougherty's land although it does not appear on the 1862 plat of Rancho Santa Rita (Figure 6). A later 1876 map puts the schoolhouse on the southwest corner of John Green's land, which is now near the junction of Foothill Boulevard and 1-580. Green had purchased Michael Murray's property in 1862 and based on the school's name and the 1876 map it seems likely that the Murray School ',vas originally built on Murray's property, where it remained until 1975 when it was moved to Donlon Way to make way for 1-580. St. Raymond's and Dublin Pioneer Cemetery Seeking a place to worship Dublin's pioneer families, most of whom were Irish Catholics, .,. ~ petitioned the Diocese of Oakland for their own church. Using their own money and laborDublin's Irish settlers built St. Raymond's Church in 1859 on land donated by Michael Murray and Jeremiah Fallon (Figure 9). Dedicated in 1860, St. Raymond's was originally a mission of St. Mary's in Oakland. The church was built next to an old cemetery historically used by Amador for burying his deceased vaqueros laborers. According to local oral tradition, the cemetery had been used for the same purpose Figure 9. St. Raymond's Church, ca. 1930 even before Amador, perhaps by the Ohlone to 28 Thompson & West, 2'gem HistoticalAtlas of A/ameda Co., CA, (Fresno: Valley Publishers, 1976 Reprint of 1878 edition). 29 Virginia S. Bennett, Dublin Reflections, (Dublin: Dublin Historic Preservation Association), p. 24. Page & TurnbuI1, Ina. December 12, 2003 Page 21 DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECT bury their dead)° Sadly the cemetery was put to use even before St. Raymond's was complete, becoming the final resting-place of an Irish-bom settler named Tom Donlon. Donlon, for whom Donlon Way is named, died in 1859 after falling from the roof of St. Raymond's during its construction. The eastern part of the cemetery', where the parking lot for Dublin Heritage Center is now located, was reportedly studded with several rows of wood grave markers before being destroyed in a time around the time of the First World War. 'In 1867 James Dougherty donated four acres adjacent to the Catholic cemetery for the burial of Protestants. Other Buildings Between 1860 and 1870, the crossroads settlement that had grown up around l the intersection of the Oakland- Stockton County Road (now Dublin Boulevard) and the Martinez-Mission San Jose County Road (now San .... ;< Ramon Road) began to take shape. In 1860 an Irish-bom pioneer named John Green built a general store on the southeastern corner of the intersection, where it still stands. That same year John Scarlett built the Amador Hotel on the opposite side of the road, on the site of Dublin Square Shopping Center parking lot. The Amador Hotel and its competitor Dougherty's Station, built by James Dougherty in 1862 on the Figure 11. Green Mansion, 1899. Photo courtesy of the Dublin northeast comer of the txvo roads, both Heritage Center catered to the growing stagecoach traffic passing through the settlement (Figure 10). The village, then known as Dougherty's Station, was strategically located as a convenient place to stop over on journeys to 30 Richard Freudenheim, National Register of Historic Places Inventory Nomination Form: Dubh'n I/il/age Historic Settlement, (Nomination on file at the Northwest Information Center at Sonoma State University: 1977). Page & TurnbM1, Inc. December 12, 2003 Page 22 ~' DUBLIN HISTORIC RESOURCES IDEN~flFICATION PROJECT DRAF/' and from the San Francisco Bay area. In addition to providing a place to stay, the two inns provided water for horses and food and drink for travelers. In 1862, John Green purchased Michael Murray's property. Murray had given up the stock-raising business after being elected County Supervisor in 1861 and that following year he moved to San Francisco?1 Green moved into Murray's small frame house, eventually building a large Eastlake style addition (Figure 11). This house, which was known as Green's Mansion, was the most ambitious residence in Dublin until it was destroyed by fire in 1967. Located at the center of what is now Heritage Park Office Center, the John Green Mansion symbolized Green's affluence and position in the community. Green's property also included a barn and a horse race track. John Green became one of Murray Township's most prominent residents and following in the footsteps of his mentor Michael Murray, he served as County Supervisor for Murray Township from 1863 to 1866 and again from 1887 to 1892. Incidentally it was around the late 1860s and early 1870s that the crossroads settlement known variously as Amador's and Dougherty's Station became known as Dublin, in recognition of the high percentage of Irish-bom residents. Dublin Bypassed by the Railroad The arrival of the Central :~!i~¢~...~%~:,; Pacific Railroad in Murray Township in 1869 heralded the end of Dublin's early bid to be a major commercial and population center in eastern Alameda County. The Transcontinental Railroad bypassed Dublin by several miles, going instead through the tiny Figure 12. Dublin Village in 1878, with Green's Store on left and Amador Hotel on right. From Thompson & West's Alameda County Atlas settlement of Alisal (now Pleasanton) on its route from Oakland to Sacramento. The railroad cut into the business of the stagecoach lines and consigned Dublin to backwater status while Pleasanton and Livermore evolved into the primary centers of eastern Alameda County. Another factor that played into Dublin's slow growth during the 1860s and 1870s was the reluctance of large landowners in the area to sell to yeoman farmers. Page & Turnbull, Inc. December 12, 2003 Page 23 DUBLIN ttlSTORIC RESOURCES IDENTIFICATION PROJECT DRAFT W. Halley's Centennial History of~4/ameda CounD' wrote that in 1876 the population of Dublin and its immediate vicinity did not exceed 250.32 Thompson & West's ,4tlas of,4/ameda County illustrates how Dublin appeared in 1878. The upper panel of this earliest known view of Dublin shows what is now Donlon Way with Green's Store on the left and the Amador Hotel on the right. In the distance is St. Raymond's Church, as yet without a steeple. The lower panel shows the Green Mansion (Figure 12). Large Landholdings Broken Up Agriculture in the Amador Valley was gready affected by the arrival of the railroad. After 1869 wheat and cattle, the primary exports of the Amador Valley, were replaced by' more lucrative fruit and nut crops such as pears, walnuts and wine grapes. In addition, the linkage of the Amador Valley with Oakland and San Francisco by train allowed specialized garden crops to be easily transported to urban markets. Nodding to this trend local landholders in Dublin such as James Dougherty began leasing tracts to farmers who replaced pasturelands with groves and row crops. Several large holdings were also subdivided following the death of pioneer settlers. In 1876 Eleanor Fallon the widow of Jeremiah Fallon subdivided the family's 245-acre parcel in Dublin into seven roughly equivalent parcels which were redistributed among family members. In 1879 James Witt Dougherty died, leaving his 17,000 acres to his wife Elizabeth and son Charles. Following Elizabeth's death in 1891, the Dougherty Ranch was subdivided into several dozen parcels of various sizes and gradually sold off during the next two decades)3 Danish Immigrants Arrive in the Amador Valley The first decade of the twentieth century witnessed the further erosion of large landholdings in the vicinity of Dublin as the Dougherty Ranch, the Green holdings and the Fallon properties were all broken up. Coinciding with this trend was an influx of Danish immigrants into the Amador Valley, including the Neidt, Therkelsen, Lydiksen, Bonde and Hansen families. Several Danes bought small, five to ten-acre tracts facing Dublin Canyon and San Ramon Roads. In 1906 Danish immigrant John Niedt purchased the ten-acre Plot R from the Dougherty Estate. This tract, which today is the site of the Petco amd The Springs apartment complex, contained the old Dougherty homestead as well as Alamilla Springs. In 1907 fellow Danish immigrant John Bonde purchased five acres of Plot Q on the northwestern corner of what are now Dublin Canyon Boulevard and Donlon Way. This site included Dougherty's Station, of which Bonde had became proprietor a few years previously.34 3t W. Halley, The CentennialHisto{7 ofAlameda CounO,, (Oakland: 187'6), pp. 504-5. 32 Ur. Halley, The CentenmalHisto{y of~tlameda Count, (Oakland: 1876), pp. 504-5. 33 Plat and Subdivision Maps on file at the Alameda County Department of Public Works, including Document Nos. 25C166, 25C8231 & 25C8107. 34 Deeds on fde at the Alameda County Recorder's Office. Page & Turnbull, Inc. December 12, 2003 Page 24 DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECT DRAFT Dublin Becomes an Important Crossroads Again The breakup of the large estates in Dublin, coupled with improvements to transportation infrastructure, again made Dublin 'a thriving crossroads ~ g settlement after nearly a quarter century ~;: of stagnation. Access to Dublin was improved with the construction of the San Ramon Branch Railway in 1891 as well as CA-21, a north-south highway from Benecia to San Jose, which followed the route of present-day San Ramon Road. Dublin's position as a Figure 13. Dublin Canyon Road looking west, ca. 1920. phOt° crossroads of the Bay Area was further courtesy of Dublin Heritaee Center boosted by the growth in automobile ownership during the i-mst quarter of the twentieth century (Figure X$). With its strategic location at the junction of the primary east-west and north-south automobile routes of eastern Alameda County, Dublin became an important stopping- off point for motorists traveling to and from the Bay Area. Increasing amounts of automobile traffic through the village led to the construction of several auto-related businesses along Dublin Canyon Road during the 1910s and 1920s. Three important examples include Dublin Garage, Amador Garage and Dublin Service . Station. Dublin Garage was built Figure 14. Dublin Garage in 1914, on the site of the present-day Dublin Square Shopping Center. Photo courtesy of Dublin Heritage Center first. Located on the south side of Dublin Canyon Road, just west of the Amador Hotel, it was built around 1914 by Felix and Marie Page & Turnbu/l, Inc. December 12, 2003 Page 25 DUBLIN I-{ISTORIC RES6URCES IDENTIFICATION PROJECT DRAFT Ferrero (Figure 14). Amador Garage ~vas built across the street nearly a decade later in 1923 by John Bonde (Figure 15). Part of this building was incorporated into the existing Dublin Tech Center at 11760 Dublin Boulevard. The third major automobile related business was Dublin Service Center which was built by John Niedt around 1918. This garage was located on what is now the northeastern comer of Dublin Boulevard and Donlon Way. In addition to garages, several lunchrooms were built for motorists in Dublin between the 1920s and the 1950s. One of the most interesting was John Niedt's Lunchroom (Figure 16). This unique tipi-shaped structure was located on the northwestern comer of Dublin Canyon Road and San Ramon Road (now the site of Petco). Other lunchrooms included the Dublin Hotel Lunchroom (in the old Amador Hotel) and Don's Figure 15. Amador Garage, ca. 1925. Photo courtesy of Dublin Heritage Center Restaurant, which was built in 1946 when the Dublin Hotel burned down. The two inns built in the 1860s: the Amador Hotel and Dougherty's Station, continued to serve their original purpose throughout the f'mst half of the early twentieth century. Around 1913 the old 1860 Amador Hotel had been extensively remodeled in the contemporary Craftsman style and renamed the Dublin Hotel. 35 Dublin's importance as a crossroads Figure 16. Niedt's Lunchroom, ca. 1948 on the northwest settlement catering to motorists comer of Dublin Canyon and San Ramon Roads. Photo courtesy of Dublin Heritage Center accelerated with the construction of Route 50 or the "Lincoln Highway" in 1930. Although the relocation of the Lincoln Highway south of 35 Data compiled from a variety of sources including historic photographs belonging to Dublin Heritage Center, Deeds on fide at the Alameda County Recorder's Office as well as maps on rifle at the Alameda County Department of Public Works. Page & TurnbM1, Inc. December 12, 2003 Page 26 DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECT DRAFT Dublin Village in 1938 siphoned off some vehicular through-traffic, CA-21, the main north-south highway still passed through the village. After 1938 several businesses were reoriented from Dublin Canyon Road to San Ramon Road to take advantage of this trade.36 Meanwhile the area surrounding Dublin Village remained overwhelming rural until the 1960s. Walnut and almond groves dotted the countryside and compact farmsteads studded the landscape. Dublin Village did not change appreciably during the 1940s and early 1950s. Historic photographs taken of the village during this period reveal a compact cluster of buildings surrounded by pastures, grain fields and walnut groves. An aerial photograph taken in 1946 from the west shows the village at its greatest extent (Figure 17). On the north side of Dublin Canyon Road one can see the Therkelsen and Bonde homesteads. Today the Duxbury Btfilding stands on the site of the Therkelsen homestead. In 1946 the Bonde homestead consisted of the extant circa 1920 bungalow at 11760 Dublin Boulevard, Amador Garage and Dougherty's Station. Visible in the aerial east of Bonde's property is the Figure 17. Aerial view of Dublin Village, 1946, looking east. Photo Niedt Ranch. In 1946 this courtesy of Dublin Heritage Center ten-acre property consisted of a grove of young walnut trees, Dublin Service Station, the old Dougherty House, Niedt's Lunchroom, Alamilla Springs and a half-dozen barns and outbuildings. On the northeastern comer of San Ramon and Dublin Canyon Roads another service station is visible. Much of the south side of Dublin Canyon Boulevard belonged to the Ferrero family and facing the road one can see a walnut grove, Dublin Garage, Dublin Ranch Restaurant and the Amador Hotel. On the southeastern comer of Donlon X,Vay and Dublin Canyon Roads Green's Store is visible (which had by then been converted into The Village Saloon). Beyond the store the old Green Mansion and associated groves and outbuildings are visible. Moving south along Donlon Way one can see the eucalyptus tree that shelters St. Raymond's Church and Dublin Pioneer Cemetery. 36 Ibid. Page & Turnbull, Inc. December 12, 2003 Page 27 DUBLIN I~tlSTORIC RESOURCES IDENTIFICATION PROJECT DRAFT Postwar Suburban Boom By the late 1950s, the dramatic postwar suburban growth that had overwhelmed much of the Bay Area began to creep into the Amador and San RamonValleys. Previously isolated from the booming East Bay communities by the Coast Range, developers began to look at the San Ramon and Amador Valleys after modern freeways were planned to replace CA 21 and US-50 (the present-day 1-680 and 1-580). Construction on US 1-680 began in 1958 and US 50 was widened and designated as US 1-580 in the early 1970s. During the late 1950s speculators and developers such as Volk-McLain and Dublin Land Company had quietly' purchased thousands of acres in the Amador and San Ramon Valleys in anticipation of the long- projected boom in residential and commercial development. Volk-McLain Company's San Ramon Village was the first major residential subdivision to be constructed in the vicinity of Dublin (Figure 18). It was built along San Ramon Road about a mile north of Figure 18. Aerial view of Amador and San Ramon Valleys, looking north the Donlon Way area? in 1961. Photo courtesy of Alameda County Department of Public Works This development dwarfed tiny Dublin Village, providing a harbinger of things to come. The encroaching subdivisions eventually surrounded Dublin Village after the large Briarhill Subdivision was completed in the late 1960s. Destruction of Dublin's Heritage Even before the arrival of suburban development the abandonment and destruction of many of the historic buildings of Dublin Village had begun, particularly after many of the village's older citizens died or moved, leaving the buildings on the properties at the mercy of speculators. Amador Hotel was one of the first buildings to be destroyed, succumbing to time in 1946. In 1951 the Old Murray School, now 3V"Early Days,"TheVi/~gePioneer(November16,1960). Page&Turnbu~In~ Decemberl2, 2003 Page28 DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECT D/L4FT stranded on the south side of Highway 50, was vacated and sold to the Primitive Baptist Church.38 Dougherty's Station burned in 1955. In 1952 Frank Donohue a descendent of John Green and owner of Green's Store and the Green Mansion, abandoned the property which was later destroyed by fire in 1967.39 The Dougherty House was burned that same year as part of a training exercise. Other buildings destroyed during this period include Don's Restaurant, which burned in 1961 and Fallon Homestead which was inadvertently burned as part of a training exercise in 1976.40 Preservation of Dublin's Heritage By the mid-1970s much of historic Dublin Village had been destroyed, leaving only a handful of historic buildings and sites intact including the Old Murray School, St. Raymond's, Green's Store, Dublin Pioneer Cemetery, Alamilla Springs, as well as two 1920s-era bungalows at 6570 Donlon Way and 11760 Dublin Boulevard. The preservation of these resources was by no means inevitable. Threatened at various times by destruction and neglect, several of the resources were saved only by the hard work of dedicated local volunteers. St. Raymond's which had been abandoned by the Diocese of Oakland in the 1950s, was threatened with destruction as the subject of a test bum by the local fire department. In an effort to save the building the Amador- Livermore Valley Historical Society convinced the Diocese of Oakland to donate the building to their Figure 19. Part of the Old Murray School being towed organization in 1966. In 1967 the across the 1-580 overpass, 1975 building was listed as a California Point of Historical Interest and in 1973 it was partially restored? In 1975 the Old Murray School was threatened by the widening of Interstate 580. Formed in response to this threat, the Dublin Historical Preservation Association listed the building as a California Historical Point of Interest and raised enough money to move it to its present site near Dublin Pioneer Cemetery (Figure 19). During the subsequent year and a half, the building was renovated and converted into the Dublin Heritage Center? The 38 Elizabeth Mason, "Schoolhouse Provides a Link to the Past," The [Tallfy Herald (Janua~, 27, 1992). 39 Virginia S. Bennett, Dublin Reflections, (Dublin: Dublin Historic Preservation Association), p. 24. 40 "Firemen Torch Home in Burning Blunder," lfall~y Times (May 23, 1976). 4t Bev Brown, "Oldest Church Opening," Valle_y Times (March 2, 1973). 42 "School Out of Wrecker's Reach," Oakland Tribune (November 26, 1975). Page & TurnbuIl, Inc. December 12, 2003 Page 29 DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECT preservation of part of Alamilla Springs in 1979 and restoration of Green's Store in 1981 were both preservation victories. In addition to the nineteenth century sites mentioned above, Dublin was fortunate that the owners of the Bonde House at 11759 Dublin Boulevard and "Ponderosa," the Edward Murray House at 6570 Donlon Way, preserved these two 1920s-era Craftsman bungalows. Dublin Incorporates Although it had been periodically threatened with annexation by neighboring Pleasanton since the late 1950s, Dublin had voted against incorporation several times in the 1960s and 1970s. Nevertheless, by the early 1980s the construction of subdivisions and shopping centers in and around Dublin had increased the population to a point where county administration was no longer feasible. After almost a century and a half of existence as an unincorporated village, Dublin incorporated as a city with a population of 15,000 in 1982. Peter W. Snyder, a successful auto parts store owner, was elected the first mayor of the city.43 Dublin Booms Again and Plans for the Future By 1990 the population of Dublin had reached 23,229. Throughout the 1990s Dublin continued to grow by leaps and bounds. In 1993 Dublin voters approved plans to develop ten million square feet of Office space and 13,000 housing units on the newly annexed part o£ Camp Parks now known as East Dublin. Once built out, East Dublin will add dozens of new shopping centers and office parks as well as nearly doubling the population of the city, which by 2000 had reached 32,519. In 1997 the Dublin-Pleasanton BART extension was completed, bringing mass rail transit to the city for the first time and easing access to the community which had been for so long solely dependent on the automobile. In 2001 plans were also approved to construct a new West Dublin BART station near the junction of 1-680 and 1-580 to facilitate rail access to the area now called West Dublin. Taking advantage of the new transit connections Dublin has been developing plans for a "transit village" near the proposed station. Moving hand-in-hand with the transit village are plans to cream a more de£med downtown core along Dublin Boulevard. As part of these efforts the city has sought to identify and preserve architecturally and historically significant Cultural resources in the Donlon Way area. 43 Ann Bancroft, "The East Bay's New, Rich City-Dublin," San l=randsco Chronicle (February 2, 1982). Page ~.v Turnbull, Inc. December 12, 2003 Page 30 DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECT DRAFT VIII. RECOMMENDATIONS Recommendations: Core Historic Area Designated Don/on lVa~' Prope~ies The preservation of existing historical resources within the Donlon Way area is of primary significance to City of Dublin in planning for the future. For the purposes of this analysis, the "core historic area" is considered to be properties on the east and west sides of Donlon Way (excluding the Heritage Park Office Center and Dublin Square Shopping Center properties).' Its boundaries are shown in Figure 20. St. Raymond's Church and Dublin Heritage Center, Figure 3. As mentioned in the 2003 Executive Summary Section, several properties in the core historic area of the Donlon Way area have formal historic designation. St. Raymond's Church and the Old Murray School are city-owned and together comprise the well- maintained and highly regarded Dublin Heritage Center. Both are California Points of Historical Interest (Figure 20). I Although privately owned, the Figure 21. Green's Store, 2003 nearby Green's Store is also a California Point of Historical Interest (Figure 21). California Points of Historical Interest are defined as Page ~.v Turnbul~ Inc. December 12, 2003 Page DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECT DRAFT historic resources under the California Environmental Q. uali(y ~lct (CEoQA) and automatically qualify for listing in the California Register of Historical Resources.44 Ponderosa and Ia//on Homestead Site Several properties located within the core historic area do not have formal historic status. These are: "Ponderosa," a circa 1929 Craftsman bungalow at 6570 Do~lon Way, the Fallon Homestead site and Dublin Pioneer Cemetery. Ponderosa does not appear to be individually eligible for listing in the National Register. Nevertheless it does have some historical importance on the local level as a property associated with the pioneer Murray family, having been built by Michael Murray's grandson Edward Figure 22. "Ponderosa," 6570 Donlon Way, 2003 Murray (Figure 22). The dwelling is also a well-preserved example of a Craftsman bungalow and a key contextual component of core historic area. It would be a contributor to any historic districts enacted in the area under National Register Criteria A (Events) and C (Architecture). The precise significance of the Fallon Homestead site is as yet undetermined. As a likely historic period archaeological site it appears to be significant under Criterion D (Information Potential). Dub/in Pioneer Cemetqy Although part of the City-owned Dublin Heritage Center, Dublin Pioneer Cemetery does not have formal historic status. The cemetery is clearly of tremendous significance to the history of historic Dublin Village. Although nominating the cemetery individually to the National Register Figure 23. Dublin Pioneer Cemetery, 2003 would trigger National Register Criteria Consideration D: Cemeteries, it seems likely that it would still be determined eligible Under Criteria A 44 California Office of Historic Preservation, Cahfornia Office of Historic Preservation Technical Assistance Series #3: "California Register of Historical Resources: Questions and Answers," (Sacramento: 2003). Page & Turnbull, Inc. December 12, 2003 Page 32 DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECT DK/tFT (Events), B (Persons) and D (Information Potential). Dublin Pioneer Cemetery appears to be eligible under Criterion A due to its great age as well as its central place in the historical and cultural landscape of Dublin Village. Under Criterion B the cemetery appears to be eligible as the final resting place of Dublin's founding families and their descendents. Although archaeological fieldwork would be necessary to document it, it also appears likely that it would be eligible under )~rational Register Criterion D as a burial ground used by Jose Amador and before his tenure, the local Seunen and Pelnen tribelets of the Ohlone. Recommendations: Revise and Resubmit National Register Nomination In 1977 Richard Freudenheim of the Dublin Historic Preservation Association prepared a National Register district nomination entitled: "Dublin Village Historic Settlement." This nomination which encompassed most of the Donlon Way area, was heard by the California Historic Resources Commission in 1978, approved and forwarded to the National Park Service's Keeper of the Register for formal listing on March 7, 1978. The Keeper eventually returned the nomination to Mr. Freudenheim With a letter addressing several major concerns regarding the integrity of the proposed district as well as the eligibility of individual resources within the district boundaries. Dublin Village was not listed and the nomination was indefinitely postponed. Nevertheless a historic-period archaeological site record (CA-ALA-521H) was prepared from the nomination and recorded in the California Inventory of Historic Resource. This record, as previously mentioned, consists of St. Raymond's Church, the associated Dublin Pioneer Cemetery, the Old Murray School, Donlon Way, Green's Store, as well as a foundation and trash scatter on the former site of the Green Mansion. Page & Turnbull recommends that the National Register district nomination be revised to include new information, the boundaries redrawn to include only contiguous properties that retain historical and architectural integrity, and resubmitted to the California Office of Historic Preservation. The reasons for reviving the nomination are largely honorific because individually the majority of the most important resources in the core historic area are already individually designated as California Points of Historical Interest, with the notable exception of the Fallon Homestead site, Ponderosa and the Dublin Pioneer Cemetery. On the other hand, the district would include unlisted resources as well as providing an additional measure of protection to the area as a whole. While National Register status does not prevent property owners from demolishing or altering their properties, it does provide a measure of protection from Federally funded or licensed undertakings such as highway widening projects. National Register status would also confer upon property owners the ability to take advantage of Federal rehabilitation tax credits, the State Historic Building Code, the Mills Act property tax abatement program and any incentives that the City of Dublin may with to implement. The honorific quality of having a National Page&Turnbu~Ina Decemberl2, 2003 Page 33 DUBLIN HISTORIC R/~;SOUR~ES IDENTIFICATION PROJECT DRAFT Register listed district in Dublin should not be overlooked either, nor should the potential for heritage tottrism. Recommendations: Peripheral Historic Area General Character The peripheral historic area corresponds to the historic boundaries of Dublin Village. It surrounds the historic core area on the north, east and west sides and is centered on Dublin Boulevard and San. Ramon Road. In addition, four properties on the east side of Dublin Boulevard have been included in the peripheral area. The boundaries of the peripheral historic area are outlined in Figure 4. Although it has been altered to a much greater degree than the core historic area, several significant buildings, archaeological sites, natural and cultural landscape features and objects survive. The boundaries of the peripheral historic area are the same as the proposed conservation district discussed in more depth below. While the overall character of the peripheral historic area is overwhelmingly late twentieth century in character, the protection of historic resources within its boundaries, as well as the encouragement of compatible new construction is crucial to the integrity of the historic core area. /llamilla Springs As the center of Jose Maria Amador's Rancho San Ramon and the life force behind the historic crossroads settlement of Dublin Village, the remnant of Alamilla Springs that still exists today is of tremendous importance for Dublin (Figure 24). Partially buried beneath fill imported to construct "The Springs" apartment complex in 1979, the remnant of the historic spring now consists of a deep swale trending in an easterly direction prior before emptying into a concrete culvert beneath San Ramon Road. Now choked with vegetation Alamilla Springs fills with water during the rainy season. Associated with the spring and the Dougherty House that also once I Figure 24. Alamilla Springs, ca. 1920s. Photo stood on the site, is a mature Canary palm as courtesy of Dublin Heritage Center well as a remnant of a 1940s-era Walnut grove. Page & Turnbull, Inc. December 12, 2003 Page 34 DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECT DRAFT Although Alamilla Springs has been considerably encroached upon by development, enough of the historic water feature survives to warrant its preservation as a tangible reminder of Dublin's pioneer history. The Canary palm and the remnant of the walnut grove next to Alamilla Springs are also important as rare remnants of Dublin's horticultural past. In 1979 Blackwell Homes, the developer of The Springs Apartments, bowed to community pressure and set aside three-quarters of an acre encompassing Alamilla Springs and the walnut trees, saving it for the time being. Although there are currently no known threats to the resource, this may change in the future. Due to the significance of the feature in Dublin's past, Page & Tumbull recommends that the City designate the pordon of the property containing Alamilla Springs and the walnut grove as a local historical resource and/or nominate it directly for inclusion in the National Re~gisterunder Criteria A (Events) and D (Information Potential). Bonde House The circa-1920 Bonde House is rumored to be the oldest dwelling in Dublin and there is no evidence to suggest otherwise. Although it has undergone some unsympathetic exterior alterations, the Bonde House still reads as a quintessential Craftsman bungaloxv built either from a kit or standardized plans (Figure 25). The property is used for commercial purposes and appears to be well maintained. There are no known immediate threats to either property although without any protection development pressure is always a factor. The Bonde House does not appear to be Figure 25. Bonde House at 11760 Dublin Boulevard, 2003 individually eligible for listing in the National Register although if it was contiguous with the historic core area it would be a contributor to a potential historic district. The City of Dublin should designate the property as being significant to the history of Dublin as possibly the oldest dwelling in the City. Miscellaneous Other potential historical resources in the Donlon Way area, both inside and outside of the historic core area, include several dozen walnut trees associated with the Green family on the Heritage Park Office Center property as well as the two Valley Oaks at 7125 San Ramon Road. Parts of the street network of the area are historically significant, in particularly the section of Donlon Way between Dublin Boulevard Page & Turnbull, Inc. December 12, 2003 Page 35 DUBLIN [-IISTORIC RESOURCES IDENTIFICATION PROJECT DRAFT and 1-580. Originally part of the Old Spanish Trail and later Part of the Martinez-Mission San Jose County Road, its alignment is original although it appears to have been widened. The alignment of Dublin Boulevard, formerly Dublin Canyon Road, The Lincoln Highway and the Oakland-Stockton County Road, within the Donlon Way area is historically significant although it was significantly widened in the 1970s. Finally, there are several historical markers placed by the Dublin Historical Preservation Association, the Joaquin Murrieta Chapter of E. Clampus Vitus and the Amador-Livermore Valley Historical Society in the Donlon Way area. The historical markers include commemorate the location of the Amador Hotel, Green's Store, Alamilla Springs, St. Raymond's Church and the Old Murray School. Recommendations: Zoning and Land Use Tools Don/on FFa~ Spedfic Plan As a means to protect the city's most important historic resources, the City of Dublin should make preservation priorities a centerpiece of its proposed Donlon Way Specific Plan. The Preservation Component of the Specific Plan should £~rst and foremost present a comprehensive set of policies for the preservation and enhancement of Dublin's cultural resources. Cultural resources include buildings, districts and neighborhoods, sites, structures, street furniture, monuments, objects, and landscapes which are historically or archaeologically significant, or significant in the community's architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals. The Preservation Component should provide an analytical framework for the systematic documentation and assessment of cultural resources and a set of consistent concepts, principles, and directions to allow change for the future that builds on the strengths of the past. More important, the Preservation Component provides a framework for integrating preservation values into land use planning. At the concrete level, the Preservation Component would include an official adopted inventory of historic resources to be maintained by the Planning Department. The register would have to be approved by the City Council and although mechanisms would be put in place to allow for the nomination of properties in the future, the City Council would have the ultimate authority to either approve or disapprove nominations. Conservation Districts Due to the difficulties inherent in establishing a cohesive historic district in the Donlon Way area, the City of Dublin may wish to establish a conservation district in the area. Conservation districts are valuable tools for protecting historic buildings and/or districts that may not meet the threshold for historic district status. Conservation districts are areas with certain identifiable attributes embodied in architecture, urban design, and history that are subject to special zoning or land-use regulations. A Page(_~Turnbu~I#c Decemberl2, 2003 Page 36 DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECF DRAFT conservation district ordinance accomplishes this purpose by regulating new construction, major alterations or additions to existing buildings. In San Francisco conservation districts are almost as numerous as historic districts. Often significantly larger and more heterogeneous than traditional historic districts, conservation districts are often employed to protect downtown commercial districts where development pressures have traditionally been high such as the Kearny-Market-Mason-Sutter, New Montgomery and Front-California Conservation Districts. Most of these districts do not have the cohesiveness or singular architectural quality necessary to designate them as historic districts. Nevertheless, the overall character of such areas is quite high despite the intrusions of non-contributing modern or altered buildings and structures. In place since the 1980s, conservation districts have led to the preservation of dozens of significant buildings in San Francisco's downtown core while simultaneously accommodating new development. New buildings must conform to design guidelines tailored for each conservation district. In addition to standard height and bulk requirements, design guidelines promote compatible new design by providing general guidelines for composition, massing, scale, materials and detailing and ornamentation. In addition, all proposed demolitions, major alterations or new construction must be reviewed by the Landmarks Board to ensure compliance with the conservation district ordinance. Although the Donlon Way area does have an important concentration of historic resources at its core, other potential historical resources are dispersed among many modern non-contributing resources. The creation of a conservation district whose boundaries conform to those of historic Dublin Village, would give the City a tool to guide development in the area more effectively by allowing design review and design guidelines to influence the height, bulk, massing, materials and architectural character of new developments. The design guidelines should be developed so that they are sympathetic to the historic buildings in the area and ensure that new buildings are compatible with the architectural character of the Donlon Way- area. The area map at the beginning of this report shows the boundaries we suggest for the potential Donlon Wa3' Conservation District (Figure 4). Design Guidelines Design guidelines are an extremely valuable tool for guiding new development in both historic and conservation districts. Conservation' districts are usually defined by the dominant continuity of features within a geographical area, and it is therefore important to facilitate the perpetuation of common character-defining features in new construction. The historic core of the Donlon Way area does contain a handful of important historic architectural and natural resources, mostly dating from the md-nineteenth century and the early twentieth century. Although most of the area's historic commercial buildings have Page&Turnbul~c December 12, 2003 Page 37 DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECT DRAFT long since disappeared, we are fortunate to have many historic photographs to illustrate their historic appearance, allowing them to influence design guidelines for the peripheral historic area. The character-defining features of the buildings in the historic core of the Donlon Way area differ from the postwar commercial development that now dominates much of the peripheral area. Most of the historic buildings in the Donlon Way area are oriented close to the street with their entry facades oriented toward the sidewalk. All are wood-frame, vertically proportioned, symmetrically massed and simply detailed with spare Greek Revival or Carpenter Gothic ornament. The dominant exterior material is white-painted wood, either clapboard or rustic channel siding; with simple flat-sawn detailing. The fenestration of these buildings is vertically proportioned. Windows typically feature wood double-hung or casement sashes with multiple panes. Doors are traditionally paneled and are sheltered beneath exterior porches or door hoods. Two of the buildings have bell towers, a feature only appropriate to civic or religious uses. The peripheral historic area includes a handful of historic properties that have been identified as worthy of preservation. However there is only one extant historic building (the Bonde House), making the identification of character-defining features a challenging task. Nevertheless, much of the peripheral historic area directly borders the historic core area and new construction in these areas should therefore take their cue from the existing historic resources along Donlon Wav. Otherwise, design guidelines for the peripheral historic area could take their cue from the two Craftsman bungalows dating from the 1920s in the Donlon Way area: the Bonde House and Ponderosa. Both have Iow-slung pr0pordons, simple, square or rectangular massing and shallow-pitched gable roofs with deep overhangs and exposed rafter and purlin ends. Window openings are fitted with Figure 26. Dublin Village, ca. 1920, looking east. Photo courtesy double-hung one-over-one sashes of Dublin Heritage Center Page & Turnbull, Inc. December 12, 2003 Page 38 DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECT DRAFT or large single-pane "piCture'' windows. Exterior materials are wood, either shingle or horizontal rustic channel or clapboard siding. Ornamentation is very simple and elegant in keeping with the humble Craftsman aesthetic. Design guidelines for the peripheral historic area could also take their cue from buildings that formerly existed in the area but have since been demolished. Historic photographs taken of Dublin Canyon. Road in the 1910s and 1920s show several one-story buildings housing garages and restaurants. Most were designed in either a simple Craftsman or Mission Revival style. These buildings were characterized by stucco facades, boldly sculpted parapets and regularly spaced rectangular storefront and garage bay openings. A good example is the Dublin Garage which was located on the site of the parking lot of Dublin Square Shopping Center (Figures 14 & 26). The section dealing with design guidelines will conclude with a brief bullet point list of the goals of design guidelines and their value to the Donlon Way area. While the guidelines are primarily geared toward existing historic resources, individual guidelines that deal with new construction can be applied to the proposed peripheral conservation district. Due to the limited nature of the scope of this project they will not be illustrated with drawings. It is recommended that the City of Dublin establish formal design guidelines for the Donlon Way area and it is our intention to supply basic information that would be helpful in their creation. The following bullet points are general goals and objectives derived from the Se~weta~7 of the Interior's Standards for the Treatment of Historic Prope~ies (Weeks & Grimmer: 1995): Encourage uses of historic buildings and sites that are compatible with their original use. · Encourage uses of historic buildings and sites that require minimal changes to distinctive materials, features, spaces and spatial relationships. · Discourage changes to historic buildings and construction of new buildings that create a false sense of historical development, such as adding conjectural features or elements from other historic properties. · Encourage the retention of changes to historic buildings that have acquired significance in their own right. · Encourage the retention of distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property. · Encourage the repair rather than replacement of deteriorated features. X,Vhen replacement of deteriorated materials is necessary, the new features should match the old in design, color, texture and materials. Replacement of missing features will be substantiated by documentary and physical evidence. · Chemical or physical treatments will be undertaken using the gentlest means possible, so as to avoid damaging historic features and materials. · Archaeological resources will be protected and preserved in place. · New additions, exterior alterations or new construction should not destroy historic materials, features or spatial relationships that characterize a property. New work Page & Turnbull, Inc. December 12, 2003 Page 39 DUBLIN HISTORIC RF~qOURCES IDENTIFICATION PROJECT DtL4FT should be differentiated from the old and will be compatible xvith the historic materials, features, size, scale, massing, proportions, and relationship to the street. · Encourage the construction of new additions or adjacent construction that will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. · Encourage the preservation of natural resources in the Donlon Way area. Compatible Uses For most of its 150-year+ history the Donlon Way area Was the only significant urbanized area of Dublin and until the 1960s Dublin Village was characterized by a mixture of commercial, religious, civic, residential and agricultural uses. Commercial enterprises such as hotels, restaurants and service stations lined important through routes such as Dublin Boulevard and San Ramon Road. Community, civic and religious institutions such as the post office, library, church, school and cemetery were clustered along Donlon Way and finally, residential and Figure 27. Smaller 1920s-era pedestrian-scale shops on agricultural uses were scattered around the Main Street in Pleasanton, 2003 margins of the village on larger p ~arcels. In terms of guiding land use in the Donlon Way area, the City~ of Dublin should encourage uses that are compatible both with historical land usage in Dublin Village as well as what would thrive in a modem special use district. Generally speaking, the smaller lot sizes and urban forms associated with older prewar commercial districts are conducive to small spedalty retail, restaurant and entertainment uses, civic and religious buildings and residences. Large-lot commercial enterprises such as car dealers, strip malls and "big box" retailers and office parks are not conducive to compact downtown districts and should be discouraged. Commercial buildings should be smaller, one or two stories and face directly onto the sidewalk (Figure 27). While new infill development in this area should not use architectural features and elements that create a false sense of historical development, the design of new buildings should respect traditional lot line development patterns, massing, proportions, fenestration patterns and materials. The SecretaSv of the Interior's Standards for the Treatment of Historic Properties is quite clear about how new construction should fit into historic districts. Page ~.v Turnbull, Ira. December 12, 2003 Page 40 DUBLIN I:tlSTORIC RESOURCES IDENTIFICATION PROJECT DRAFT Within the Donlon Way area the City should develop separate design guidelins that are tailored toward encouraging compatible inffll construction on parcels now occupied by low-density commercial uses, in particular the Dublin Square Shopping Center parcel and the Heritage Park Office Center parcel. The future redevelopment of these two large parcels is critical to encouraging the formation of a more historically sensitive and attractive core that would also help to knit together the now disparate historic resources of the area. New construction in this area should address in terms of scale, massing, proportions, materials and ~enestrafion patterns the historic buildings on Donlon Way but they should not explicitly mimic them. Recommendations: Circulation Reduce the FFidth of Dublin Boulevard In order to encourage the development of a healthy, pedestrian-friendly environment in the Donlon Way area, it is recommended that the City of Dublin examine the feasibility of reducing the width of Dublin Boulevard. Dublin Boulevard is a historic transportation route that ',vas widened from two to four lanes in 1976. West of San Ramon Road, Dublin Boulevard serves a handful of residential subdivisions and businesses before it dead-ends in the Dublin Hills Repeated visits to the area indicate that ] Figure 28. Main Street, Pleasanton, 2003 traffic is light on this short stretch of Dublin Boulevard..It is our suggestion that the City of Dublin examine the feasibility of reducing the width of the street from four lanes to two lanes (with turn pockets) from San Ramon Road to where it now reverts to two lanes west of the Hexcel Corp. property. Narrowing Dublin Boulevard would visually knit both sides of the street together and foster a more pleasant pedestrian-friendly environment, encouraging people to park their cars and stroll around. In the 1990s the City of Pleasanton reduced the width of Main Street in a very successful effort to encourage the revival of their downtown district (Figure 28). Narrowing Dublin Boulevard would also yield additional land from the former right-of-way for civic improvements such as widened sidewalks, new street lighting and furniture as well a wider planting strip. Taking a cue from Donlon Way, the City could line the planting strip with black walnut trees or other species that are either native or otherwise appropriate for the Amador Valley. Page ~ Turnbu/l, Inc. December 12, 2003 Page 41 DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECT Sound [Vail Also important to creating an atmosphere more conducive to pedestrian activity' is some sort of mitigation for the noise and visual impact of 1-580. Dublin may wish to lobbY Caltrans to construct a sound wall along 1-580 from the San Ramon Road Interchange westward to the western property- line of Hexcel Corp. An attractively designed sound,wall would go a long way toward helping to ameliorate the negative effects of the freeway, particularly on the Dublin Heritage Center property, where currently freeway noise drowns out all but the loudest conversations and detracts from the historic and contemplative nature of the cemetery~ Recommendations: Signage Development of an attractive signage program in conjunction with road improvements would help to foster interest and appreciation of the Donlon Way area. According to several recent newspaper articles in the Contra Costa Times (12.06.2002), Pleasanton Valley Times (06.16.2003), many people who live and work in Dublin do not know where the Donlon Way area is. In addition to more tried and true strategies, such as placing temporary banners on light poles, the City of Dublin might want to develop a grander gesture such as tastefully designed pylons or a ~ traditional welcome arch over Dublin ] Figure 29. Welcome Arch in Bakersfield, California, early 1950s. Postcard in author's Boulevard. Many older communities in collection California and the West built "welcome arches" at the entrances to their business distridts during the fin:st half of the twentieth century. Welcome arches often spell out the name of the city in large painted and/or neon letters and frequently feature a catchy motto or logo such as Modesto's "Water Wealth Contentment Health." Bakersfield, Lodi, Redwood City and Reno have some of the most famous welcome arches (Figure 29). Interestingly, there are examples even closer to Dublin such Pleasanton's welcome arch over Main Street. This tradition continues to thrive even in the Digital Age, with the welcome arch at the entrance to Hacienda Business Park in Pleasanton being another prime example. Subtle concrete or stone-faced pylons are also appropriate symbols for placing at the entrance to communities, such as the simple stone structures erected at the vehicular entrances to the Presidio of San Francisco. Page & Turnbull, Inc. December 12, 2003 Page 42 DUBLIN HISTORIC RESOURCES IDENTIFICATION PROJECT DRAFT Natural Resources and Cultural Landscape The Donlon Way has several natural and historic introduced cultural landscape features worthy of protection and enhancement. Examples include Alamilla Springs, the hawthornes lining the paths of Dublin Pioneer Cemetery and Hawthorne Lane; the oaks and willows lining Dublin Creek and the black walnuts on Donlon Way and on The Springs property, the huge eucalyptus next to St. Raymond's Church and other assorted Heritage trees. Dublin Creek, which passes through the Figure 30. Remnant of walnut grove on San Ramon Road southern part of the Donlon Way area, is also a valuable natural resource. Unchanneled throughout most of the survey area, this natural feature should be protected and possibly made more accessible with a footpath and perhaps a small pedestrian footbridge over the creek to the Fallon Homestead site. The City should replace dead trees on public property and seek to plant new trees where there are not any, particularly' along both sides of Dublin Boulevard. Due to the existence of walnut groves in the area prior to the suburban era, it may be appropriate to plant black walnut trees as shade trees along Dublin Boulevard and San Ramon Road to match those on Donlon Way or the historic remnant of a walnut grove on the former Niedt property at 7100 San Ramon Road (Figure 30). IX. CONCLUSION The Donlon Way area is the heart and soul of the City of Dublin. Several of the historic buildings and sites within the area are extremely important reminders of Dublin's increasingly remote rural past. The Donlon Way area is also a living and breathing district within a growing community and should not merely be pickled. Instead the Donlon Way area should serve as a focal point of a reinvigorated "Old Town" Dublin. The Donlon Way area is blessed with convenient transportation infrastructure and several large parcels that may be redeveloped in the not-so-distant furore. These factors combined with the anticipated transit village taking shape around the West Dublin BART station, suggest a bright future. The City of Dublin has the opportunity at this point to create land use controls that will serve the two- Page ~ Turnbull, Inc. December 12, 2003 Page 43 DUBLIN }tlSTORIC RESOURCES IDENTIFICATION PROJECT DKa/FT fold purposes off a) protecting the remaining historic resources in the Donton Way area, and b) facilitating compatible infill development in the peripheral historic area that corresponds to the traditional boundaries of Dublin Village. If done right the reinvigorated Donlon Way area would hopefully create the notion of "place" that is missing from so many modern communities, by providing an attractive pedestrian oasis where residents and visitors alike can get out of the car, stroll around, have lunch and learn about the history of the community.. Page & Turnbull, Inc. December 12, 2003 Page 44 0 0 t- ORDINANCE NO. xx-04' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AN URGENCY ORDINANCE MAKING FINDINGS AND ESTABLISHING A MORATORIUM ON THE APPROVAL OF PERMITS FOR DEVELOPMENT IN THE DUBLIN }IERITAGE HISTORICAL DISTRICT AREA pENDING THE coMPLETION'OF A SPECIFIC PL~ WHEREAS, the areas generally surrounding the present intersection of Donlon Way and Dublin Boulevard, and diagrammed on Exhibit A attached hereto ("the Primary Historic Core Area") and Exhibit B ("the Peripheral Historic Area"), are the crossroads of two stagecoach routes and the location of the community of Dublin's founding; WHEREAS, the Primary Historic Core Area and the Peripheral Historic Area together comprise the identical area called the Historic Area in Ordinance Nos. 11-03 and 16-03; WHEREAS, in 1993, the City of Dublin acknowledged the area's historical nature by acquiring several historical structures and properties in the Primary Historic Core Area --the Old St. Raymond's Church, the Old Murray School House, and the Dublin Pioneer Cemetery--and establishing the Dublin Heritage Center; WHEREAS, the Primary Historic Core contains a handful of important historic architectural and natural resources, mostly dating from the mid-nineteenth century and the early twentieth century; WHEREAS, the Peripheral Historic Area surrounds and acts as a gateway into the Primary Historic Core Area; WHEREAS, the Dublin Heritage Center and the Green Store--the community's general store during the late 19th and early 20th century, now a privately owned building presently used as a church-- are located near the south of the intersection of Donlon Way and Dublin Boulevard; WHEREAS, the Green Family Mansion, owned by Dublin's most prominent businessman during the late 19th century, formerly stood near the southwest comer of the present intersection of San Ramon Road and Dublin Boulevard; WHEREAS, Alamilla Springs and the site of the Jose Maria Amador home (constructed in 1834) are located northwest of the intersection of San Ramon Road and Dublin Boulevard; WHEREAS, a large and distinctive heritage Live Oak tree, likely associated with early settlement of the Peripheral Historic Area, is located near the northeast comer of San Ramon Road and Dublin Boulevard; WltEREAS, in March of 2001, the City Council, as part of its annual Goals and Objectives program, made a high staff priority the development of plans for a historical district designation in the Historic Area, specifically including the Alamilla Springs and the Green Store; G:~PA#~2002\02-074 Historical Study\Moritorium\moritorium alt 1 v2.DOC Attachment 6 WHEREAS, several property owners have proposed development projects in the Historic Area in the last several years, and the City Council has expressed concerns over those proposed projects' effect on the historic nature of the area. For instance, the City Council considered adopting a moratorium when the demolition of the existing Dublin Square shopping center and the construction of an office building in its place was proposed, again to ensure that development was consistent with the City's plans to preserve and highlight the historic nature of the Historic Area. The application for that project was later withdrawn. Similarly, the City issued a conditiOnal use permit ora limited term for the church occupying a building within the Dublin Square shopping center, because of the City's pending planning to protect and potentially unearth the historic nature of the Primary Historic Core Area and the Peripheral Historic Area; WHEREAS, on June 3, 2003, the City retained the architectural firm of Page and Tumbull to complete an historical inventory of and design guidelines for the Historic Area ("the Report"). While not yet complete, the scope of work for the Report includes a recommended boundary for the proposed specific plan area; WHEREAS, on January 14, 2004, Page and Tumbull completed the historical inventory and design guidelines for the area which recommended the protection of the Dublin Heritage Historical District Area and differentiating this area into two areas; the Primary Historic Core Area which has intact historic resources and the Peripheral Historic Area which surrounds and acts as a gateway into the Primary Historic Core Area; WHEREAS, Page and Turnbull recommended that the Primary Historic Core Area and the Peripheral Historic Area be preserved and enhanced through the use of special historic districts; :~ WHEREAS, Page and Tumbull recommended that the City develop policies which would encourage uses that are compatible both with historical land usage in Dublin Village as well as what would thrive in a modem special use district; WHEREAS, Page and Tumbull recommended that the City develop separate design guidelines for each area to provide a sensative transition from the Peripheral Historic Area into the Primary Historic Core and would be tailored toward encouraging compatible infill construction on parcels now occupied by low-density commercial uses such as those uses within and adjacent to the Primary Historic Core Area; WHEREAS, the Peripheral Historic Area serves as a gateway into the Primary Historic Core Area, which contains several historic structures, three of which are on record as California State Points of Historical Interest; WHEREAS, a preliminary study prepared by the City's archeological consultant, William Self Associates, Inc., details the historic and prehistoric settlement of the Historic Area and notes that the "archaeological high probability area" extends easterly across San Ramon Road and westerly beyond the Dublin Square Shopping Center. WHEREAS, in reviewing its Goals and Objectives at the September 16, 2003 meeting, the City Council expressed its strong desire to immediately move forward with a comprehensive Specific Plan for 2 the Historic Area with the purpose of preserving, protecting, and exposing the historical past in the Historic Area. WHEREAS, the City anticipates that among the tools that the specific plan may recommend are (a) various means to preserve, protect, and highlight existing historic structures and sites, (b) architectural guidelines, which would apply to all structures and furore development in the two Areas which would serve to promote a theme related to the history of the Areas; and (c) the placement of signage and monuments at the location of historic sites. WHEREAS, the City has received a recommended'boundary for the Specific Plan-area from Page and Tumbull which includes the boundaries shown on Exhibit A and B, and, are based on the information contained within the Report which is attached the Agenda Statement dated, January 20, 2004; WHEREAS, the intersection of Dublin Boulevard and San Ramon Road is and long has been an important entry way into the City, and the inclusion of property on the comers of that intersection in the proposed specific plan area is being considered for the potential to provide an attractive, historic themed entry way into the historic district, in addition to the possibility that historic or prehistoric resources or sites may be associated with those properties; WHEREAS, untimely changes of uses within the two Areas during the time that the City completes the Specific Plan coUld ultimately frustrate the City's long term efforts to ensure the area is developed consistently with the City's goals for the Historic Area, either by allowing the initiation of uses and constructiOn incompatible with that recommended by the Specific Plan study or by directly preventing the use of properties as recommended in the study; : WHEREAS, the City Council has determined that the initiation of certain uses, listed below (''the. Prohibited Uses"), may be in conflict with the contemplated Historic Area Specific Plan, the goals of which are to encourage the development of an historic-themed, pedestrian-oriented commercial area, centered around the historic structures and sites that mark the community's founding; WHEREAS, based on the foregoing, the City Council finds that allowing development of the Prohibited Uses to continue to occur, pending the adoption of the specific plan, poses a current and immediate threat to the public health, safety and welfare because it will likely result in further deterioration of the historical character of the Primary Historic Core Area and its historical resources and could conflict with the land uses ultimately proposed in the contemplated Historic Area Specific Plan; WHEREAS, the City Council finds that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable discretionary permits that would allow the modification of the properties within the two Areas therefore would result in that threat to public health, safety and welfare; WHEREAS, on October 7, 2003, the City Council adopted a forty-five (45) day urgency interim ordinance (Ordinance No. 11-03) that imposed a moratorium declaring that no building permit shall be approved or issued and no land use permit shall be approved that would result in the construction or initiation of specific uses on any parcel located in the Historic Area; WHEREAS, on November 4, 2003, the City Council issued a status report on the measures taken to alleviate the condition within the Historic Area; WltEREAS, on November 18, 2003, the City Council extended the urgency interim ordinance (Ordinance 16-03) for a period to expire on January 21, 2004, unless extended that imposed a moratorium declaring that no building permit shall be approved or issued and no land use permit shall be approved that would result in the construction or initiation of specific uses on any parcel located in the previously defined Historic Area; WHEREAS, on January 20, 2004, the City Council issued a status report on the measures taken to alleviate the condition within the two Areas; WHEREAS, additional work for the Specific Plan will be necessary, including (1) completion of design guidelines; (2) evaluation of a historical district designation potential; (3) assessment of appropriate land uses in the Specific Plan area; (4) preparation of appropriate development regulations (setbacks, views, access, open space, and architectural considerations); (5) evaluation of future infrastructure needs and existing economic constraints; and (6) preparation of the Specific Plan, public hearings, and presentation of the completed Plan to the Planning CommiSsion and City Council; WHEREAS, the City staff needs additional time to complete the tasks necessary to conclude the Historic Area Specific Plan that will ultimately result in the preparation and determination of appropriate uses for the Area; WHEREAS, the two boundaries shown on Exhibit A, the Primary Historic Core and Exhibit B, the Peripheral Historic Area are identical to the geographic boundaries as the previously defined Historic Area as 'adopted by the interim ordinance adopted on the October 7, 2003 and extended on November 18, 2003; and WHEREAS, the'adoption of this interim ordinance would result in the reduction of both (a) the geographic scope of the interim ordinance adopted on the October 7, 2003, and extended on November 18, 2003 in that the moratorium would be applicable in a reduced area and (b) the extent of the restrictions in that the prohibited uses imposed by the moratorium would be deleted within the Peripheral Historic Area. NOW THEREFORE, THE CITY COUNCIL ORDAINS AS FOLLOWS, ADOPTED AS AN INTERIM ORDINANCE UNDER THE PROVISIONS OF GOVERNMENT CODE SECTION 65858: 1) Moratorium Extended. From and after the date of Ordinance No. 11-03, Ordinance No. 16-03 and this ordinance, no building permit shall be approved or issued and no land use permit shall be approved that would result in the construction or initiation of any of the following uses on any parcel located in the PrimarY Historic Core Area (shown on Exhibit A hereto): 1. Adult Business Establishment 2. Animal Sales and Service 3. Automobile/Vehicle Brokerage 4 4. Community Care Facility / Large 5. Dance Floor 6. Drive-in/Drive-through Business 7. Eating and Drinking Establishment 8. Fortunetelling 9. Health Services/Clinics 10. Massage Establishment 11. Plant Nursery 12. Recreational Facility / Indoor 13. Recreational Facility / Outdoor 14. Retail - Outdoor Storage 15. Service Station 16. Shopping Center From and after the date of Ordinance No. 11-03, Ordinance No. 16-03 and this ordinance, no building permit shall be approved or issued and no land use permit shall be approved that would result in any exterior modifications or new construction within the area defined as the Peripheral Historic Area (Exhibit B). Notwithstanding the foregoing, a change of copy for existing signs where no modification to the structure of the sign is required is not subject to this ordinance. So long as this ordinance is in effect, the City shall, nevertheless, accept and process 'applications for such entitlements. Except as modified herein, all other requirement of the Zoning Ordinance shall remain in effect during the term of this ordinance. ...... Notwithstanding the foregoing, the provisions of this ordinance shall, not apply to building permits £or the following types of repair work that the Building Official determines is necessary for the safety of the occupants of a presently occupied structure: 1.Repair work to existing sewer or water component(s) that does not result in expansion of capacity of the structure's sewer and water system. 2. Repair or replacement of existing HVAC equipment that does not result in expansion of capacity of the structure's HVAC system. 3. Repair work to electrical systems that does not result in expansion of capacity of the structure's electrical system. 4. Repair to existing structural components of the structure, such as load-bearing walls and the structure's roof, that is made necessary by the failure or imminent failure of the structural components of the structure. This ordinance is an interim ordinance adopted as an urgency measure pursuant to Government Code Section 65858 and is for the immediate preservation of the public peace, health and welfare. The facts constituting the urgency are these: Development within the Primary Historic Core Area and the Peripheral Historic Area could further deteriorate the historic resources within the Primary Historic Core Area and frustrate the City's goal of protecting, preserving, and unearthing historical resources Pending studies and potential future studies are necessary to catalog the existing historical resources in the Historic Area and to provide the City with information on the tools at its disposal to protect, preserve, and elucidate this history of the Historic Area. In view of the facts set forth in the Recitals of this Ordinance, it is necessary to immediately study, hold hearings, and consider the adoption of a Specific Plan for the Historic Area as it may 5 be recommended to the City Council by the Planning Commission. A Specific Plan cannot be enacted without due deliberation, and it will take an undetermined length of time to complete the appropriate studies and drafting necessary to prepare the Specific Plan. It would be destructive of the goals of the proposed Specific Plan if, during the period the Specific Plan is being studied and is the subject of public hearings, parties seeking to evade the operation of Specific Plan in the form it may be adopted should be permitted to operate in a manner that might progress so far as to defeat in whole or in part the ultimate objective of the Specific Plan. 2) Compliance with California Environmental Quality Act. This ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or ultimately; it prevents changes in the environment pending the completion of the contemplated Specific Plan. This ordinance is categorically exempt from CEQA under section 15308 of the State CEQA Guidelines because it is a regulatory action taken by the City, in accordance with Government Code section 65858, to assure maintenance and protection of the environment pending completion of the contemplated Specific Plan. 3) Severability. If any provision of this ordinance or the application thereof to any person or circmnstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. 4) Effective Date. This ordinance shall become effective immediately upon adoption if adopted by at least four-fifths vote of the City Council and shall be in effect for 12 months from the ~,adoption of Ordinance. ' PASSED, APPROVED and ADOPTED this 20th day of January 2004. AYES: NOES: ABSENT: ABSTAIN: Mayor City Clerk 6 ORDINANCE NO. xx-04 · AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AN URGENCY ORDINANCE MAKING FINDINGS AND ESTABLISHING A MORATORIUM ON THE APPROVAL OF PERMITS FOR DEVELOPMENT IN THE DUBLIN HERITAGE HISTORICAL DISTRICT AREA PENDING THE COMPLETION OF A SPECIFIC PLAN WHEREAS, the areas generally surrounding the present intersection of Donlon Way and Dublin Boulevard, and diagrammed on Exhibit A attached hereto ("the Primary Historic Core Area") and Exhibit B ("the Peripheral Historic Area"), are the crossroads of two stagecoach routes and the location of the community of Dublin's founding; WHEREAS, the Primary Historic Core Area and the Peripheral Historic Area together comprise the identical area called the Historic Area in Ordinance Nos. 11-03 and 16-03; WHEREAS, in 1993, the City of Dublin acknowledged the area's historical nature by acquiring several historical structures and properties in the Historic Area--the Old St. Raymond's Church, the Old Murray School House, and the Dublin Pioneer Cemetery--and establishing the Dublin Heritage Center; WHEREAS, the Dublin Heritage Center and the Green Store--the community's general store during the late 19th and early 20th century, now a privately owned building presently used as a church-- are located near the south of the intersection of Donlon Way and Dublin Boulevard; WHEREAS, the Green Family Mansion, owned by Dublin's most prominent businessman during the late 19th century, formerly stood near the southwest comer of the present intersection of San Ramon Road and Dublin Boulevard; WHEREAS, Alamilla Springs and the site of the Jose Maria Amador home (constructed in 1834) are located northwest of the intersection of San Ramon Road and Dublin Boulevard; WHEREAS, a large and distinctive heritage Live Oak tree, likely associated with early settlement of the Historic Area, is located near the northeast comer of San Ramon Road and Dublin Boulevard. WHEREAS, in March of 2001, the City Council, as part of its annual Goals and Objectives program, made a high staff priority the development of plans for a historical district designation in the Historic Area, specifically including the Alamilla Springs and the Green Store; WHEREAS, several property owners have proposed development projects in the Historic Area in the last several years, and the City Council has expressed concerns over those proposed projects' effect on the historic nature of the area. For instance, the City Council considered adopting a moratorium when the demolition of the existing Dublin Square shopping center and the construction of an office building in its place was proposed, again to ensure that development was consistent with the City's plans to preserve and highlight the historic nature of the Historic Area. The application for that project was later withdrawn. Similarly, the City issued a conditional use permit of a limited term for the church occupying a building G:kPA#~2002\02-074 Historical Study\Moritorium\moritorium alt 2 vi.DOC Attachment 7 within the Dublin Square shopping center, becaUse of the City's pending planning to protect and potentially unearth the historic nature of the Historic Area; WHEREAS, on June 3, 2003, the City retained the architectural firm of Page and Tumbull to complete an historical inventory of and design guidelines for the Historic Area ("the Report"). While not yet complete, the scope of work for the Report includes a recommended boundary for the proposed specific plan area; WHEREAS, on January 14, 2004, Page and Tumbull completed the historical inventory and design guidelines for the area which recommended the protection of the Dublin Heritage Historical District Area and differentiating this area into two areas; the Primary Historic Core Area which has intact historic resources and the Peripheral Historic Area which surrounds and acts as a gateway into the Primary Historic Core Area; WHEREAS, Page and Tumbull recommended that the Primary Historic Core Area and the Peripheral Historic Area be preserved and enhanced through the use of special historic districts; WHEREAS, Page and Tumbull recommended that the City develop policies which would encourage uses that are compatible both with historical land usage in Dublin Village as well as what would thrive in a modem special use district; WHEREAS, the Primary Historic Core Area, contains several historic structures, three of which are on reCord as California State Points of Historical Interest; WHEREAS, a preliminary study prepared by the City's archeological consultant, William Self A~s~¢.iates, Inc,, details the historic and prehistoric settlement of the Historic Area ~ar~d notes .that the "archaeological high probability area" extends easterly across San Ramon Road and westerly beyond the Dublin Square Shopping Center; WHEREAS, in reviewing its Goals and Objectives at the September 16, 2003, meeting, the City Council expressed its strong desire to immediately move forward with a comprehensive Specific Plan for the Historic Area with the purpose of preserving, protecting, and exposing the historical past in the Historic Area; WHEREAS, the City anticipates that among the tools that the specific plan may recommend are (a) various means to preserve, protect, and highlight existing historic structures and sites, (b) architectural guidelines, which would apply to all structures and future development in the area, that would serve to promote a theme related to the history of the Historic Area; and (c) the placement of signage and monuments at the location of historic sites; WHEREAS, the City has received a recommended boundary for the Specific Plan-area from Page and Tumbull which includes the boundaries shown on Exhibit A and Exhibit B, and~ is based on the I information contained within the Report which is attached the Agenda Statement dated, January 20, 2004; 2 WHEREAS, the intersection of Dublin Boulevard and San Ramon Road is and long has been an important entry way into the City, and the inclusion of property on the comers of that intersection in the Historic Area is being considered for the potential to provide an attractive, historic themed entry way into the historic district, in addition to the possibility that historic or prehistoric resources or sites may be associated with those properties; WHEREAS, untimely changes of uses within the Historic Area during the time that the City completes the Specific Plan could ultimately frustrate the City's long term efforts to ensure the area is developed consistently with the City's goals for the Historic Area, either by allowing the initiation of uses and construction incompatible with that recommended by the Specific Plan study or by directly preventing the use of properties as recommended in the study; WHEREAS, the City Council has determined that the initiation of certain uses, listed below ("the Prohibited Uses"), may be in conflict with the contemplated Historic Area Specific Plan, the goals of which are to encourage the development of an historic-themed, pedestrian-oriented commercial area, centered around the historic structures and sites that mark the community's founding; WHEREAS, based on the foregoing, the City Council finds that allowing development of the Prohibited Uses to continue to occur in the Primary Historic Core Area, pending the adoption of the specific plan, poses a current and immediate threat to the public health, safety and welfare because it will likely result in further deterioration of the historical character of the Primary Historic Core Area and its historical resources and could conflict with the land uses ultimately proPosed in the contemplated Historic Area Specific Plan; .... ...... WHEREAS, the City Council finds that the approval of additional subdivisions, use permits, ~::' . variances; building permits, or any other applicable discretionary permits that would alloTM the modification of the properties within the Primary Historic Core Area therefore would result in that threat to public health, safety and welfare; WHEREAS, on October 7, 2003, the City Council adopted a forty-five (45) day urgenCy interim ordinance which imposed a moratorium decl .aring that no building permit shall be approved or issued and no land use permit shall be approved that would result in the construction or initiation of slSecific uses on any parcel located in the Historic Area; WHEREAS, on November 4, 2003, the City Council received a status report on the measures taken to alleviate the condition within the Historic Area; WHEREAS, the status report indicated the following measure being taken to alleviate the condition that resulted in the adoption of the Ordinance: (1) the expansion of the geographic range of the historic resources identification project; (2) authorization to prepare descriptive design guidelines to regulate rehabilitation of existing structures (including appropriate use of materials and colors) and regulate new construction within the area; and (3) an explanation of chronological actions that must take place in order to complete the Historic Area Specific Plan; WHEREAS, on November 18, 2003, the City Council extended the urgency interim ordinance (Ordinance 16-03) for a period to expire on January 2 l, 2004, unless extended that imposed a moratorium declaring that no building permit shall be approved or issued and no land use permit shall be approved that would result in the construction or initiation of specific uses on any parcel located in the previously defined Historic Area; WHEREAS, on January 20, 2004, the City Council issued a status report on the measures taken to alleviate the condition within the Area; WHEREAS, additional work for the Specific Plan will be necessary, including (1) completion of design guidelines; (2) evaluation of historical district potential; (3) assessment of compatible land uses; (4) preparation of appropriate setbacks, views, access, open space, and architectural considerations; (5) evaluation of future infrastructure needs and existing economic constraints; and (6) preparation of the Specific Plan and presentation of the completed Plan to the Planning Commission and City Council; WHEREAS, the City staff needs additional time to complete the tasks necessary to conclude the Historic Area Specific Plan that will ultimately result in the preparation and determination of appropriate uses for the Area; and WHEREAS, the adoption of this interim ordinance would result in the reduction of the geographic scope of the interim ordinance adopted on the October 7, 2003, and extended on November 18, 2003, in that the moratorium would be applicable in a reduced area. NOW THEREFORE, THE CITY COUNCIL ORDAINS AS FOLLOWS, ADOPTED AS AN INTERIM ORDINANCE UNDER THE PROVISIONS OF GOVERNMENT CODE SECTION 65858: 1) Moratorium Extended. From and after the date of Ordinance No. 11-03, Ordinance No. 16-03 and this ordinance, no building permit shall be approved or issued and no land use permit shall be approved that would result in the construction or initiation of any of the following uses on any parcel located in the Primary Historic Core Area (shown on Exhibit A hereto): 1. Adult Business Establishment 2. Animal Sales and Service 3. Automobile/Vehicle Brokerage 4. Community care Facility / Large 5. Dance Floor 6. Drive-in/Drive-through Business 7. Eating and Drinking Establishment 8. Fortunetelling 9. Health Services/Clinics 10. Massage Establishment 11. Plant Nursery 12. Recreational Facility / Indoor 13. Recreational Facility / Outdoor 14. Retail - Outdoor Storage 15. Service Station 16. Shopping Center 4 This ordinance shall be of no effect within the Peripheral Historic Area (shown on Exhibit B hereto.) So long as this ordinance is in effect, the City shall, nevertheless, accept and process applications for such entitlements. Except as modified herein, all other requirement of the Zoning Ordinance shall remain in effect during the term of this ordinance. Notwithstanding the foregoing, the provisions of this ordinance shall not apply to building permits for the following types of repair work that the Building Official determines is necessary for the safety of the occupants of a presently occupied structure: 1. Repair work to existing sewer or water component(s) that does not result in expansion of capacity of the structure's sewer and water system. 2. Repair or replacement of existing HVAC equipment that does not result in expansion of capacity of the structure's HVAC system. 3. Repair work to electrical systems that does not result in expansion of capacity of the structure's electrical system. 4. Repair to existing structural components of the structure, such as load-bearing walls and the structure's roof, that is made necessary by the failure or imminent failure of the structural components of the structure. This ordinance is an interim ordinance adopted as an urgency measure pursuant to Government Code Section 65858 and is for the immediate preservation of the public peace, health and welfare. The facts constituting the urgency are these: Development within the Primary Historic Core Area and the Peripheral Historic Area could further deteriorate the historic resources within the Primary Historic Core Area and frustrate the City's goal of protecting, preserving, and unearthing historical resources pending studies and pOtential future studies are necessary to catalog the existing historical resources in the Historic Area and to provide the City with information on the tools at its disposal to protect, preserve, and elucidate this history of the Historic Area. In view of the facts set forth in the Recitals of this Ordinance, it is necessary to immediately study, hold hearings, and consider the adoption of a Specific Plan for the Historic Area as it may be recommended to the City Council by the Planning Commission. A Specific Plan cannot be enacted without due deliberation, and it will take an undetermined length of time to complete the appropriate studies and drafting necessary to prepare the Specific Plan. It would be destructive of the goals of the proposed Specific Plan if, during the period the Specific Plan is being studied and is the subject of public hearings, parties seeking to evade the operation of Specific Plan in the form it may be adopted should be permitted to operate in a manner that might progress so far as to defeat in whole or in part the ultimate objective of the SPecific Plan. 2) Compliance with California Environmental Quality Act. This ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resu!ting in physical change in the environment, directly or ultimately; it prevents changes in the environment pending the completion of the contemplated Specific Plan. This ordinance is categorically exempt from CEQA under section 15308 of the State CEQA Guidelines because it is a regulatory action taken by the City, in accordance with Government Code section 65858, to ~assure maintenance and protection of the environment pending completion of the contemplated Specific Plan. 3) Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. 4) Effective Date. This ordinance shall become effective immediately upon adoption if adopted by at least four-fifths vote of the City Council and shall be in effect for 12 months from the adoption of Ordinance. PASSED, APPROVED and ADOPTED this 20th day of January 2004. AYES: NOES: ABSENT: ABSTAIN: Mayor City Clerk o ~ ORDINANCE NO. xx-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AN URGENCY ORDINANCE MAKING FINDINGS AND ESTABLISHING A MORATORIUM ON THE APPROVAL OF PERMITS FOR DEVELOPMENT IN THE DUBLIN HERITAGE HISTORICAL DISTRICT AREA PENDING THE COMPLETION OF A SPECIFIC PLAN WHEREAS, the area generally surrounding the present intersection of Donlon Way and Dublin Boulevard, and diagrammed on Exhibit A attached hereto ("the Historic Area"), is the crossroads of two stagecoach routes and the location of the community of Dublin's founding; WHEREAS, in 1993, the City of Dublin acknowledged the area's historical nature by acquiring several historical structures and properties in the Historic Area--the Old St. Raymond's Church, the Old Murray School House, and the Dublin Pioneer Cemetery--and establishing the Dublin Heritage Center; WHEREAS, the Dublin Heritage Center and the Green Store--the community's general store during the late 19th and early 20th century, now a privately owned building presently used as a church-- are located near the south of the intersection of Donlon Way and Dublin Boulevard; WHEREAS, the Green Family Mansion, owned by Dublin's most prominent businessman during the late 19th century, formerly stood near the southwest comer of the present intersection of San Ramon Road and Dublin Boulevard; WHEREAS, Alamilla Springs and the site of the Jose Mafia Amador home (constructed in 1834) are located northwest of the intersection of San Ramon Road and Dublin Boulevard; WHEREAS, a large and distinctive heritage Live Oak tree, likely associated with early settlement of the Historic Area, is located near the northeast comer of San Ramon Road and Dublin Boulevard; WHEREAS, in March of 2001, the City Council, as part of its annual Goals and Objectives program, made a high staff priority the development of plans for a historical district designation in the Historic Area, specifically including the Alamilla Springs and the Green Store; WHEREAS, several property owners have proposed development projects in the Historic Area in the last several years, and the City Council has expressed concerns over those proposed projects' effect on the historic nature of the area. For instance, the City Council 6onsidered adopting.a moratorium when the demolition of the existing Dublin Square shopping center and the construction of an office building in its place was proposed, again to ensure that development was consistent with the City's plans to preserve and highlight the historic nature of the Historic Area. The application for that project was later withdrawn. Similarly, the City issued a conditional use permit of a limited term for the church occupying a building within the Dublin Square shopping center, because of the City's pending planning to protect and potentially unearth the historic nature of the Historic Area; G:~PA#~2002\02-074 Historical Study\Moritorium\moritorlum alt3 2 vi. DOC Attachment 8 WHEREAS, on June 3, 2003, the City retained the architectural firm of Page and Turnbull to complete an historical inventory of and design guidelines for the Historic Area ("the Report"). While not yet complete, the scope of work for the Report includes a recommended boundary for the proposed specific plan area; WHEREAS, on January 14, 2004, Page and Turnbull completed the historical inventory and design guidelines for the area which recommended the protection of the Dublin Heritage Historical District Area and differentiating this area into two areas; the Primary Historic Core Area which has intact historic resources and the peripheral Historic Area which surrounds and acts as a gateway into the Primary Historic Core Area; WHEREAS, Page and Turnbull recommended that the Primary Historic Core Area and the Peripheral Historic Area be preserved and enhanced through the use of special historic districts; WHEREAS, Page and Turnbull recommended that the City develop policies which would encourage uses that are compatible both with historical land usage in Dublin Village as well as what would thrive in a modem special use district; WHEREAS, the Primary Historic Core Area, contains several historic structures, three of which are on record as California State Points of Historical Interest; WHEREAS, a preliminary study prepared by the City's archeological consultant, William Self Associates, Inc., details the historic and prehistoric settlement of the Historic Area and notes that the "archaeological high probability area" extends easterly across San Ramon Road and westerly beyond the Dublin Square Shopping Center; WHEREAS, in reviewing its Goals and Objectives at the September 16, 2003, meeting, the City Council expressed its strong desire to immediately move forward with a comprehensive Specific Plan for the Historic Area with the purpose of preserving, protecting, and exposing the historical past in the Historic Area; WHEREAS, the City anticipates that among the tools that the specific plan may recommend are (a) various means to preserve, protect, and highlight existing historic structures and sites, (b) architectural guidelines, which would apply to all structures and future development in the area, that would serve to promote a theme related to the history of the Historic Area; and (c) the placement of signage and monuments at the location of historic sites; WHEREAS, the City has received a recommended boundary for the Specific Plan-area from Page and Tumbull which includes the boundaries shown on Exhibit A, and, are based on the information contained within the Report which is attached the Agenda Statement dated, January 20, 2004; 'WHEREAS, the intersection of Dublin Boulevard and San Ramon Road is and long has been an important entry way into the City, and the inclusion of property on the comers of that intersection in the Historic Area is being considered for the potential to provide an attractive, historic themed entry way into the historic district, in addition to the possibility that historic or prehistoric resources or sites may be associated with those properties; 2 WHEREAS, untimely changes of uses within the Historic Area during the time that the City completes the Specific Plan could ultimately frustrate the City's long term efforts to ensure the area is developed consistently with the City's goals for the Historic Area, either by allowing the initiation of uses and construction incompatible with that recommended by the Specific Plan study or by directly preventing the use of properties as recommended in the study; WHEREAS,' the City Council has determined that the initiation of certain uses, listed below ("the Prohibited Uses"), may be in conflict with the contemplated Historic Area Specific Plan, the goals of which are to encourage the development of an historic-themed, pedestrian-oriented commercial area, centered around the historic structures and sites that mark the community's founding; WHEREAS, based on the foregoing, the City Council finds that allowing development of the Prohibited Uses to continue to occur, pending the adoption of the specific plan, poses a current and immediate threat to the public health, safety and welfare because it will likely result in further deterioration of the historical character of the Historic Area and its historical resources and could conflict with the land uses ultimately proposed in the contemplated Historic Area Specific Plan; WHEREAS, the City Council finds that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable discretionary permits that would allow the modification of the properties within the Historic Area therefore would result in that threat to public health, safety and welfare; WItEREAS, on October 7, 2003, the City Council'adopted a forty-five (45) day urgency interim ordinance which imposed a moratorium declaring that no building permit shall be approved or issued and no land use permit shall be approved that would result in the construction or initiation of specific uses on any parcel located in the Historic Area; WHEREAS, on November 4, 2003, the City Council received a status report on the measures taken to alleviate the condition within the Historic Area; WHEREAS, the status report indicated the following measure being taken to alleviate the condition that resulted in the adoption of the Ordinance: (1) the expansion of the geographic range of the historic resources identification project; (2) authorization to prepare descriptive design guidelines to regulate rehabilitation of existing structures (including appropriate use of materials and colors) and regulate new construction within the area; and (3) an explanation of chronological actions that must take place in order to complete the Historic Area Specific Plan; WHEREAS, on November 18, 2003, the City Council extended the urgency interim ordinance (Ordinance 16-03) for a period to eXpire on January 21, 2004, unless extended that imposed a moratorium declaring that no building permit shall be approved or issued and no land use permit shall be approved that would result in the construction or initiation of specific uses on any parcel located in the previously defined Historic Area; WHEREAS, on January 20, 2004, the City Council issued a status report on the measures taken to alleviate the condition within the Area; 3 WHEREAS, additional work for the Specific Plan will be necessary, including (1) completion of design guidelines; (2) evaluation of historical district potential; (3) assessment of compatible land uses; (4) preparation of appropriate setbacks, views, access, open space, and architectural considerations; (5) evaluation of future infrastructure needs and existing economic constraints; and (6) preparation of the Specific Plan and presentation of the completed Plan to the Planning Commission and City Council; WHEREAS, the City staff needs additional time to complete the tasks necessary to conclude the Historic Area Specific Plan that will ultimately result in the preparation and determination of appropriate uses for the Area; and NOW THEREFORE, TItE CITY COUNCIL ORDAINS AS FOLLOWS, ADOPTED AS AN INTERIM oRDINANCE UNDER TItE PROVISIONS OF GOVERNMENT CODE SECTION 65858: 1) Moratorium Extended. From and after the date of Ordinance No. 11-03, Ordinance No. 16-03 and this ordinance, no building permit shall be approved or issued and no land use permit shall be approved that would result in the construction or initiation of any of the following uses on any parcel located in the Historic Area (shown on Exhibit A hereto): 1. Adult Business Establishment 2. Animal Sales and Service 3. Automobile/Vehicle Brokerage 4. Community Care Facility / Large 5. Dance Floor . : : :~ ~ 6, Drive-in/Drive-through Business .~ ~ -: · 7. Eating and Drinking Establishment 8. Fortunetelling 9. Health Services/Clinics 10. Massage Establishment 11. Plant Nursery 12. Recreational Facility / Indoor 13. Recreational Facility / Outdoor 14. Retail - Outdoor Storage 15. Service Station 16. Shopping Center So long as this ordinance is in effect, the City shall, nevertheless, accept and process applications for such entitlements. Except as modified herein, all other requirements of the Zoning Ordinance shall remain in effect during the term of this ordinance. Notwithstanding the foregoing, the provisions of this ordinance shall not apply to building permits for the following types of repair work that the Building Official determines is necessary for the safety of the occupants of a presently occupied structure: 1. Repair work to existing sewer or water component(s) that does not result in expansion of 4 capacity of the structure's sewer and water system. 2. Repair or replacement of existing HVAC equipment that does not result in expansion of capacity of the structure's HVAC system. 3. Repair work to electrical systems that does not result in expansion of capacity of the structure's electrical system. 4. Repair to existing structural components of the structure, such as load-bearing walls and the structure's roof, that is made necessary by the failure or imminent failure of the structural components of the structure. This ordinance is an interim ordinance adopted as an urgency measure pursuant to Government Code Section 65858 and is for the immediate preservation of the public peace, health and welfare. The facts constituting the urgency are these: Development within the Primary Historic Core Area and the Peripheral Historic Area could further deteriorate the 'historic resources within the Primary Historic Core Area and frustrate the City's goal of protecting, preserving, and unearthing historical resources Pending studies and potential future studies are necessary to catalog the existing historical resources in the Historic Area and to provide the City with information on the tools at its disposal to protect, preserve, and elucidate this history of the Historic Area. In view of the facts set forth in the Recitals of this Ordinance, it is necessary to immediately study, hold hearings, and consider the adoption of a Specific Plan for the Historic Area as it may be recommended to the City Council by the Planning Commission. A Specific Plan cannot be enacted without due deliberation, and it will take an undetermined length of time to complete the appropriate studies and drafting necessary to prepare the Specific Plan. It would be destructive of the goals of the proposed Specific Plan if, during the period the Specific Plan is being studied and is the subject of public hearings, parties seeking to evade the operation of Specific Plan in the form it may be adopted should be permitted to operate in a manner that might progress so far as to defeat in whole or in part the ultimate objective of the Specific Plan. 2). Compliance with California Environmental Quality Act. This ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or ultimately; it prevents changes in the environment pending the completion of the contemplated Specific Plan. This ordinance is categorically exempt from CEQA under section 15308 of the State CEQA Guidelines because it is a regulatory action taken by the City, in accordance with Government Code section 65858, to assure maintenance and protection of the environment pending completion of the contemplated Specific Plan. 3) Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council hereby declares that it would have passed each sectiOn, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. 4) Effective Date. This ordinance shall become effective immediately upon adoption if adopted by at least four-fifths vote of the City Council and shall be in effect for 12 months from the adoption of Ordinance. PASSED, APPROVED and ADOPTED this 20th day of January 2004. AYES: NOES: ABSENT: ABSTAIN: Mayor City Clerk ORDINANCE NO. 11-03 'AN' URGENCY ORDINANCE OF THE CITY COUNCIL .. OF THE CITY OF DUBLIN MAKING FINDINGS AND ESTABLISHING. n MORAT0~ ON THE APPROVAL OF PERMITS ]FOR DEVELOPMENT IN THE DUBLIN m RITAGE HISTORICAL DISTRICT AREA PENDING THE COMPLETION OF A SPECII~IC PLAN WHEREAS, the area generally surrounding the present intersection of Donl°n Way and Dublin Boulevard, and diagrammed on Exhibit A ~ed hereto ("thc Historic Area"), is the crossroads of two s~gecoach mutes and the locati0n of the community o£Dublin's founding. " WHEREAS, in 1993, the City of Dublin acknowledged the arca~s historical nature by acquiring several historical structures and properties in the Historic Area ..the Old St. Raymond's Church, the Old Murray School House, 'and the Dublin Pioneer Cemetery--and establishing the Dublin Heritage Center. 'WHEREAS, the Dublin Heritage Center and. the Oreen Store--the Community's g n al store during the late 19th and early 20th century, now a privately oWned building lyresenflY used as a church.. arc located near the south of the intersection of Donlon Way and Dublin Boulevard. " WHEREAS, the C_m~n Family Man~ion, oWned by Dublin's most prominent businessman during the late 19th century, formerly stood near the southwest corner of the present intersection of San Ramon Road andDub!in Boulevard WHEREAS, Alamilla Springs and the site of the Jose Maria Amador home (constructed in 1834) WHEREAS, a large and distinctive heritage Live Oak ~ree, likeIy associated with early settlement of thc Historic Area, is. located near the northeast corner of San Ramon Road and Dublin Boulevard... WHEREAS, in March of 2001, the City Council, as part of its anm~a! Goals and. Objectives program, made a high staff priority the development of plans for a historical district designation in the Historic Area, specifically including the Alamilla Springs and the Green Store. WHEREAS, several property oWners have proposed development projects in the Historic Area' in thc last several years,' and the City Council has expressed concerns over those proposed projects' effect on the l~storic nature of the area. Fox ins~.:ance, the City Council considered adopting a moratorium when the demolition of the existing Dublin Square shopping center' and the construction of an off]ce building in its place was proposed, again to ensure that development was consistent w~th the City's'p1aris t° p~eserve a~d highlight the historic nat~e of the Histo~'icAreo~_ Similarly, the City issued a cOnditiOnal use permit of a limited 'term for the church occupying a building within the Dublin Sq~ore shopping center, because of the CitY's pending planning to protect and ntially uncar the istorie of the sto c. WHEREAS, on June 3, 2003, the City retained the architectural finn of Page and Tumbull to complete an historical inVentory of and design guidelines for the Historic ~ ("the Report"). While not yet complete, the scope of work for the Report includes a xecommended boundary for the proposed specific plan area. WltEREAS, a preliminary study prepared by the City's archeological consultant, William Self Associates, Inc., details the historic and prehistoric settlement of the Historic Area and notes th~ the "archaeological high probability area" extends easterly across San Ramon Road and westerly beyond the Dublin Square Shopping Center. WltEREAS, in reviewing its Goals and Objectives at the September 16, 2003 meeting, the City Council expressed its strong desire to immediately move forward with a comprehensive Specific Plan for the Historic Area with the pm-pose of preserving, protecting, and exposing the historical past in the Historic Area. ' WItEREAS, the City anticipates that among the tools that the specific plan may recommend axe (a) various means to preserve, protect, and highlight existing historic structures and sites, (b) architectural guidelines, which would apply to alt structures and future development in the area, that would serve to promote a theme related to the history of the Historic Area; and (c) the placement of signage and monuments at the location of historic sites. ..... WtlEREAS, the City has not yet recxtived a recommended ~boundary for the SpeCific Plan-area from Page and Turnbull, and, therefore, the boundaries of the Historic Area depicted in Exhibit...A. are based on the information presemly known to the City, and detailed in the recitals above, regarding the historic center of the City of Dublin. : WItEREA$, the intersection of Dublin Boulevard and San ~on Road is and long has been an important entry way into the City, and the inclusion of property on the comers of that intersection in the Historic Area is being considered for the potential t° provide an attractive, historic themed entry way into the historic district, in addition to the possibility that historic or prehistoric resources or sites may be associated with those properties. WItEREAS, untimely changes of uses within the Historic Area dmSng the time that the City completes the Specific Plan could ultimately frustrate the City's long term efforts to ensure the area is developed consistently with the City's goals for the Historic Area, either by allowing the initiation of uses and construction incompatible with that recommended by the Specific Plan study or by directly preventing the use of properties as recommended, in the study. WItEREAS, the City Council has determined that the initiation of eertain~ uses, listed below ('",he Prohibited Uses"), may be in conflict with the contemplated Historic Area Specific Plan, the goals of which are to encottrage the development of an historic-th~aed, pedestrian-oriented commercial ama, centered around the historic stmc~mms and sites that mark the comm~.uni'ty, s founding. WI:IEREAS, based on the foregoing, the City Council finds that allowing developmem of the Prohibited Uses to continue to occur, pending the adoption of the specific plan, poses a current.and mediate threat to the public health, safety and weffare because it will likely result in further deterioration of the historical character of the Historic Ama and its.histofi~ resourc, es and c°u!~.~.nfti~'.~..:: . ...~.. with the land uses ultimately proposed in the Contemplated Historic Area Specific Plan. WItEREAS, the City Council finds that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable discretionary permits that would allow the modification of the properties within the Historic Area therefore.vi0 .ul. d ~S!fi~.~, tha~t.~ t? public health, safety and welfare. NOW TItEREFORE, TIlE CITY COUNCIL ORI)AINS AS FOLLOWS, AI)OPTED AS AN INTERIM ORDINANCE UNDER THE PROVISIONS OF GOVERNMENT CODE SECTION .. 65858: 1) Moratorium Imposed. From and after the date of this o.rdinance, no building permit shall be approved or issued and no land use permit shall be approved that would result in the construction or initiation of any of the following uses on any parcel located in the Historic Area (shown on Exhibit A, hereto): 1. Adult Business Establishment 2. AutomobileNehicle Brokerage 3. Community Care Facility / Large 4. Dance Floor 5. Drive-in/Drive-~rough Business 6. Eating and Drinking Establishment 7. Fortunetelling 8. Health Services/Clinics 9. Massage Establishment 10. Plant Nursery 11. Recreational Faeitity / Indoor 12. Recreational Facility / Outdoor 13. Retail - Outdoor Storage 14. Service Station 15. Shopping Center So long as this ordinance is in effect, the City shall, nevertheless, accept and process applications for such entitlements. Except as modified herein, alt other requirement of the Zoning Ordinance shall remain in effect during ~he term of this ordinance. This ordinance is an interim ordinance adopted as an urgency measure purSUant to Government Code Section 65858 and is for the immediate preservation of' the public peace, health and Welfare, The facts constituting tho urgency are these: Development within the Historic Area could further deteriorate the historic resources within the H[storic Area and frustrate the City's goal of protecting, preserving, and unearthing histo cal resources the ist°d¢.nre ?en ing st aies and potenaa future tudies are neceSSary to ca og the existing historical resources in the Historic Area and to provide the City with information on the tools at its disposal to protect, preserve, and elucidate this history of the Historic Area. In view of the f ~act~.. set fox, thin: the Recitals of this ~¢e, it is necessary to immediately study, hold hearings, and consider the adoption of a Specific Plan for the Historic Area. as it. may be recommended to the City Council by the Planning $ Commission. A Specific Plan cannot be enacted without due deliberation, and it will take an undetemained length of ~me to complete the appropriate studies and drat~g necessary to prepare the Specific Plan. It would be des~ucfive of the goals of the proposed Specific Plan if, during the period the Specific Plan is being studied and is the subject of public hearings, parties seeking to evade the operation of Specific Plan in the form it may be adopted should be permitted to operate in a manner that might progress so far as to defeat in whole or in part the ultimate objective of the Specific/'lam · 2) Compliance with California Environmental Quality Act. This ordinance is not a "project" within the m~ning of Section 15378 of the State CEQA Cmidelines, because it has no potential for resulting in physical change in the environment, directly or ultimately; it prevents changes in the environment pending the completion of the contemplated Specific Plato This ordinance is categorically exempt from CEQA under section 15308 of the State CEQA Guidelines because it is a regulatory action taken by the City, in accordance with Government Code section 65858, to assure maintenance and protection of the environment pending completion of the contemplated Specific Ptam 3) Severab'flity. If any provision of this ordinance.or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof kresp~tive of the fact that any one or more sections, subsections, subch'visions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. 4) Effective Date. This ordinance shall become effective immediately upon adoption if adopted by at least four-fifths vote of the City Council and shall be in effect for forty-five days from the . date of adoption unless extended by the City Council as provided for in Government Code section 65858.1 PASSED, APPROVED and ADOPTED this 7th day of October 2003. AYES: Couneilmembers Oravetz, 8branfi and Zika and Mayor Loekhart NOES: None ABSENT: Councilmember MeCormiek Mayor ATTF~ST: K~/G/lO.7-O3/ord-hi~ aqcaLdo~ (Item ORDINANCE NO. 12 -03 .................. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ........ ................ ESTABLISHING A MORATORIUM ON THE Ap~ PROVAL.OF PE~_s aEmT O[, ms!0 c% . co I!0N. 0 .5 ....... · ........ ..... · ...... WHEREAS, the area generally surrounding the present intersection of Donlon Way and Dublin Boulevard, and diagrammed on Exhibit A attached hereto (''the HistoricArea"), is the crossroads of two stagecoach routes and the location 0f ~ c0~ity Of Dublin,s founding. WHEREAS, in 1993, the City of Dublin acknowledged the arm's historical nature by acquiring several historical structures and Properties in the Historic Area~the Old St. Raymond's Church, the Old Murray School House, and the Dublin Pioneer Ceme~ery~and establishing the Dublin Heritage Center. · WHEREAS, the Dublin Heritage Center and the Green Store--the colIIlII!m]ty' $ general store during the late 19th and early 20th century, now a privately owned building presently used as a church ' are located near the south 0fthe intersecfi0!3 of D0nl0n.Way and Dublin Boulevard, .;~ ..... WHEREAS, the Green Family Mansion, oWned by Dublin's most prominent businessman during the late 19th century, formerly stood near the southwest comer of the present intersection of San Ramon Road and Dublin Boulevard. WHEREAS, Alamilla Springs and the site.of the Jose Maria Amador home· (construct~... in 1834) are l°eated northwest of the intersection of San Ramon Road and Dublin Boulevard. WItEREAS,. a large and distinctive heritage Live Oak tree, likely associated with early settlement of the Historic Area, is located near the northeast comer of San Ramon Road and Dublin. Boul~xmtd. WItEREAS, in March of 200I, the City Council, as part of its annual Goals & Objectives program, made a high staffpriofity the development of plans for a historical district desiglaatiOn in the Historic Area, specifically including the Alamilla Springs and the Green Store. WHEREAS, several property owners have proposed development projects in the Historic Area in the last several years, and the City Council has expressed concerns over those proposed projects effect on the historic nature of the area. For instance, the City Council considered adopting a moratorium when the demolition of the existing 'Dublin' sqUare' shopPing center and the construction of an office building in its place was proposed, again to ensure that development was consistent with the City's plans to preserve and highlight the hiStoric natUre of the Historic Area. The application for that project was later withdraWn. Similarly, the City issued a conditional use permit of a limited term for the ehurgh o~¢upying a building' within the Dublin Square shopping center, because of the City's pending planning to protect and potentially unearth the hist°ric nature of the Historic Area~ WHEREAS, on June 3, 2003, the City retained the architectural firm of Page and Tumbull to complete an historical inventory of and design guidelines for the Historic Area ("the Report"). While not yet complete, the scope of work for the Report includes a recommended boundary for the proposed specific plan area. WI-IEREAS, a preliminary study prepared by the City's archeological consultant, William Self Associates, Inc., details the historic and prehistoric settlement of thc Historic ~.~ ~ea.and not,e....~, .th. ~[~¢ ......... "archaeolOgical high probability area" extends easterly across San Ramon Road and.weSterly beyond the Dublin Square Shopping Center. WI-IEREAS, in reviewing its Goals & Objectives at the September 16, 2003 meeting, the City Council expressed its strong desire to immediately move forward with a comprehensive Specific Plan for the Historic Area with the purpose of preserving, protecting, and exposing the historical past in the Historic Area. WI-IEREAS, the City anticipates that among the tools that the Specific Plan may recommend are (a) various means to preserve, protect, and highlight existing historic structures and sites, (b) architectural guidelines, which would apply to all structures and future development in the area, that would serve to promote a theme related to the history of the Historic Area; and (c) the placement of signage and monuments at the location of historic sites. . WltEREAS, the City has not yet received a recommended botmttary for the Specific Plan-area from Page and Tumbull, and, therefore, the boundaries of the Historic Area depicted in .Exhibit A are based on the information presently known to the City, and detailed.in the recitals above, regarding the historic center of the City of Dublin. WltEREAS,'the intersection of D ;ub. lin Bodevar~ an4..S..~.~..o..~gg_~.....~.~.~g has been an ~ important entry way into the City, and the mclusion of property on the comers ofthat intersection in the: Historic Area is being considered for the potential to proVide an attractive, historic themed entry way into the historic district, in addition to the possibility that historic or prehistoric resources or sites may be associated with those properties~ WItEREAS, untimely changes of uses within the Histori~.Ar.e_g.4~g the time that the City completes the Specific Plan could ultimately frustrate the City's long term efforts to ensure the area is developed consistently with the City's goals for the Historic Area, either by allowing the initiation of uses and construction incompatible with that recommended by the Specific Plan study or by directly preventing the use of properties as recommended in the study. WltEREAS, the City Council has determined that the initiation of certain uses, listed below ("the Prohibited Uses"), may be in conflict with the. contemplated Historic Area Specific Plan, the goals of which are to encourage the development of an.historie-themed, pedestrian-oriented commercial area, centered around the historic structures and sites that mark the community's founding. WlCiEREAS, based on the.foregoing, the City Council finds that allowing development of the Prohibited Uses to continue to occur, pending the adopti°n of the specific plan, poses a current and immediate threat to the public health, safety and welfare because it will likely resUlt in further deterioration of the historical character of the Hism .n.'c. Ar, ...ea:~.d,....i~ :~Sm...ris.~..mmme~.and?°~,..CP~ ........... with the land uses ultimately proposed in the contemplated Historic Area Specific Plan. 2 WHEREAS, the City Council finds that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable'discretionary permits that would allow the. modification of the properties within the Historic Area thercfore.w~uld msq!t, ig !hat ~at...tp public health, safety and welfare. NOW THEREFORE, THE CITY COUNCIL ORDAINS AS FOLLOWS, ADOPTED AS AN INTERIM ORDINANCE UNDER TIlE PROVISIONS OF GOVERNMENT CODE SECTION 65858: 1) Moratorium Imposed. From and after the date of this Ordinance, no building permit shall be approved or issued and no land use permit shall be approved that would result in the construction or initiation of any of the following uses on any parcel located in the Historic Area (shown on Exhibit A hereto): 1. Adult Business Establishment 2. Animal Sales and Service 3. Automobile/Vehicle Brokerage 4. Community Care Facility / Large 5 'Dance Floor 6. ,,,Drive- n/I~ve-through Business 7. Eating and Drinking Establishment 8. Fortunetelling 9. Health Scrvices/Clinics 10. Massage Establishment . 11. Plant Nursery 12. Recreational Facility / Indoor 13. Recreational Facility / Outdoor 14. Retail - Outdoor Storage 15. Service Station 16. Shopping Center So long as this Ordinance is in effect, the City shall, nevertheless, accept and process applications for such entitlements. Except as modified herein, all other requirement of the Zo~ning Ordinance shall remain in effect during the term of this Ordinance. This Ordinance is an interim Ordinance adopted as an urgency measure pursuant to Government Code Section 65858 and is for the !mmediate preservation of the public peace, health and welfare. The facts constituting the urgency are these: Development within the Historic Area co.ul, d further de. terio..m..[;e,....the ~!..o..fi.~ resources within the Historic Area and ~ustmte the City's goal of protecting, preserving, aha uneanmng historical resources in the Historic Area~ Pending studies and potential ftm~e studies are necessm3r to catalog the existing historical resources in the Historic Area and to provide the City with information on the tools at its disposal to protect, preserve, and elucidate this history of the Historic Area~ In view of the facts set forth in the Recitals of this Ordinance, it is necessary to immediately study, hold hearings, and consider the adoption of a Specific Plan for the Historic Area as it may be recommended to the City Coundt by the Planning Commission. A Specific Plan cannot be enacted without due deliberation, and it will take an undetermined 3 length of time to complete the appropriate studies and drafting necessary to prepare the Specific Plan. It would be destructive of the goals of the proposed Specific Plan if, during the period the Specific Plan is being studied and is the subject of public hearings, parties seeking to evade the operation of Specific Plan in the form it may be adopted should be permitted to operate in a manner that might progress so far.as to defeat in whole or in part the ultimate objective of the Specific Plan. 2) Compliance with California Environmental Quality Act. This ordinance is not a "project" within the meaning of SectiOn 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or ultimately; it prevents changes in the environment pending the completion of the contemplated specific Plan. This ordinance is categorically exempt from CEQA under section 15308 of the State CEQA Guidelines because it is a regulatory action taken by the City, in accordance with Government Code section 65858, to assure maintenance and protection of the environment pending completion of the contemplated Specific Plan. 3) Severabillty. Ifany provision ofthis Ordinance. or the appliCation thereoft, o any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such Part or provision to other persons or circumstances shall not be affected thereby and shall cominue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, Imragmph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. 4) Effective Date. This Ordinance shall become effective immediately upon adoption if adop~d by at least a four-fifths vote of thc City CounCil and shall be in effect for forty-five (45) days from the date of adoption unless extended by the City Council as provided for in Government Code. Section 65858. · PASSED, APPROVED and ADOPTED this 2 l~t day of October 2003. AYES: Counei~embers McCormiek, Oraveiz, Sbranti and Mayor Lockhart NOES: None ABSENT: Councilmember. Z' .tka~ None ~~/~ " M~yor - ' - ATTEST: r"t ? _ r-~ d - Cl rk x- K2/G/10-2 ! -03/ord-raoratorium.doc (ITem 4.8) 4 ORDINANCE NO. 16 - 03 .... AN'oRDINANCE OF TI~ CITY COUNCIL THE CITY OF I UBLIN AN URGENCY ORDINANCE MAKING FINDINGS ANDEST~LIS~..~,_M0~~ Dtr L nr mTA mSTOliICAL'D!STmCT. PENDIN ?lie COlVI LETION SPECI CPL WHEREAS, the area generally surrounding flae present interseclion °fDonlon Way and Dublin Boulevard, and diagrammed on Exhibit A attached hereto ("the Historic Area"), is the crossroads of two stagecoach mutes and the location of the community of Dublin' s founding. WHEREAS, in 1993, the City o£ Dublin acknowledged the area's historical nature by acquiring several historical structures and properties in the Historic Area the Old St. Raymond's Church, thc Old Murray School House, and the Dublin Pioneer Cemetery--and establishing the Dublin Heritage Center. WHEREAS, the Dublin Heritage Center and the Green SWre-~. _the co~t~ty's general stor~ during the late 19th and early 20th century, now a privately owned building presently used as a church-- are located near flae south of the intersection 9~D0.n}.. on Way and Dublin Boulevard. WHEREAS, the Green Family Mansion, owned by Dublin's most prominent businessman during the late 19th century, formerly stood near the southwest corner of the present ~tersecfion of San Ramon Road and Dublin Boulevard. WHEREAS, Alamilla Springs and the site of the Jose Mafia Amador home (constnacted in 1834) are located northwest of the intersection of San Ramon Road and Dublin Boulevard. WHEREAS, a large and distinctive heritage Live Oak tree, likely associated with early settlement of the. Historic Area, is located nea/the northeast comer of San Ramon Road and Dublin Boulevard. WHEREAS, in March of 2001, the City Council, as part of frs anmml Goals & Objectives program, made a high staff priority flae development of plans for a historical distric~ designation in the Historic Area, specifically including the Alamilla Springs and the Green Store. WHEREAS, several property owners have proposed development projects in the Historic Area in the last several years, and the City Council has expressed concerns over those proposed l~ojects' effect on the historic nature of the area. For instance, the City Council considered adopting a moratorium when the demolition of the existing Dublin Sq~mre shopping center and the construction of an office building in place was pwposed, again to ensure that development was consistent with the City's plans to preserve and highlight the historic nature of the Hi~ori¢ Arem The application for that project was later withdrawn. Similarly, the City issued a conditional usc permit of a limited term for the church occupying a building within the Dublin Square shopping center, because of the City's pending planning to protect and potentially unearth the historic nature of the Historic Ar.©a? WHEREAS, on June 3, 2003, the City retained the architectural firm of Page and Tumbull to complete an historical inventory of and design guidelines for the Historic Area ("the Report"). While not ATTACHMENT yet complete, the scope of work for thc Report includes a recommended boundary for the proposed specific plan area. ~REAS, a preliminms' study prepared by the City' s archeological consultant, William Self Associates, Inc., details the historic and prehistoric settlement of the Historic Area and notes that the "archaeological high probability area" extends easterly across San Ramon Road and westerlybeYond the Dublin Square Shopping Center. WHEREAS, in reviewing its Goals & Objectives at the September 16, 2003 meeting, the City ~ouncil expressed its strong desire to ~med/ately move forward with a comprehensive Specific Plan for the Historic Area with the purpose of preserving, protecting, and exposing the historical past in the Historic Area. WHEREAS, the City anticipates that among the tools that the specific plan may recommend are (a) various means to preserve, protect, and highlight existing historic mmcmms and sites, (b) architectural guidelines, which would apply to all structures and future development in the area, that would serve W promote a theme related to the history of the Historic Area; and (c) the placement of signage and monuments at thc location of historic sites. WHEREAS, thc City has not yet received a recommended boundary for the Specific Plan-area from Page and TumbulI, .and, therefore, the boundaries of the Historic Area depicted in Exhibit A are based on the information presently known to the City, and detailed in the recitals above, regarding the historic center of the City of Dublin. . . . · . L~ .,__ ,-,,_. and the inclusion of Dro,,erty on the comers or'that mtersecuon m me proposed specffic plan area ~s being considered enlxy way into the historic district, in addition to the possibility that historic or prehistoric resources or sites may be associated With those pxoperties. WHEREAS, untimely changes of uses within the Historic Area.during the time that the City completes the sPeCific Plan could ultimately fmsWate the City, s long term efforts to ensure the area is developed consistently With the City's goals for the Historic Area, either by allowing the initiation of uses and construction incompatible with that recommended by the Specific Plan study or by directly preventing the use of properties as reco .mn!. ~ .en.~ deal in the..smdy. WHEREAS, the City Council has determined flint the initiation of certain uses, listed below ("the Prohibited Uses'), may be in conflict with the contemplated Historic Area Specific Plan, the goals of which are to encourage the development of an historic-theme& pedestrian-oriented commercial area, centered around the historic structures and sites that mark the community's founding. ~REAS, based on the foregoing, the City Council finds that allowing deve. lopment of the Prohibited Uses to continue to occur, pending the adoption of the specific plan, poses a current and immediate threat to the public health, safety and welfare bemuse it will likely result in further deterioration of the historical character of the Historic Area and. its historical resources. and could conflict with the land uses ultimately proposed in the contemplated Historic. Area Specific Plan. 2 WltEI aS, the City Coun finds that'the approVal or' additional subdivisions, use permits, variances, building permits, or any Other applicable discretionary permits that would allow the modifiCation of the properties within the Historic Area therefore would result in that threat to public health, safety and welfare. WHEREAS, on October 7, 2003, the City CounCil adopted a forty-five (45) day urgency interim ordinance (Ordinance No. 11-03) that imposed a moratorium declaring that no buiI~ing permit shall be approved or issued and no land use permit shall be approved that would result in the consm~on or initiation of Specific uses on any parcel located in the. Historic Area:. . · WHEREAS, on November 4, 2003, the City Council issued a status report on the measures taken to alleviate the condition within the Historic Area. WHEREAS, additional work for the Specific Plan will be necessary, including (1) completion of design guidelineS; (2) evaluation of a historiC.._district..d.~signation potential; (3) assessment of appropriate land uses in the Specific Plan area; (4) preparation of appropriate development regulations (setbacks, views, access, open space, and architectural considerations); (5) evaluation of future infrastructure needs and existing economic constraints; and (6) preparation of the Specific Plan, public hearings, and presentation of the completed Plan to the Planning Commission and City Council. WHEREAS, the City s~affneeds additional time to complete the tasks necessary to conclude the Historic Area Specific Plan that will ultimately result'in the prepamtion and determination of appropriate uses for the Area. Now xm REeoRE, xaE Clrr co,cra AS . 65858: 1) Moratorium Extended, From and after the date of Ordinance No. 11-03 and this ordinance, no building permit shall be approved or issued and no land use-permit shall be approved that would result in the construction or initiation of any of the following uses on any parcel located in the Historic Area (shown on Exhibit~A hereto): 1. Adult Business Establishment 2. Animal Sales and Service 3. Automobile/Vehicle Brokerage 4. Community Care Facility / Large 5. Dance Floor 6. Drive-in/Drive-through Business 7. Eating and Drinking Establishment 8. FortuneteHing 9. Health Services/Clinics 10. Massage Establishment 11. Plant Nursery 12. Recreational Facility / Indoor 13. Recreational Facility / Outdoor 14. Retail - Outdoor Storage 15. Service Station 16. Shopping Cen~er 3 So long as this ordinance is in effect, the City shall, nevertheless, accept and process applications for such entitlements. Except as modified herein, all other requirement of the Zoning Ordinance shall remain in effect during the term of this ordinance. Notwithstanding the foregoing, the provisions of this ordinance shall not apply to building permits for the following types of repair work that the Building Official determines is necessary for the safety of the occupants of a presently occupied structure: 1. Repair work to existing sewer or water component(s) that does not result in expansion of capacity of the structure's sewer and water system. 2. Repair or replacement ofeXisting HVAC equipment that does not result in eXPansion of capacity of the smaeture's HVAC system. 3. Repair work to electrical.systems that does not result in expansion of capacity of the structure's electrical system. 4. Repair to existing structural components of the smac~e, such as load-bearing walls and the stmetm~'s roof, that is made necessaxy by the failure or imminent failure.of the stmctttml ....... components of the structure.. ~ This ordi~aance is an interim ordinance adopted as an urgency measure pursuant to Government Code Section 65858 and is for the immediate preservation of the public peace, health and welfare. The facts constituting the urgency are these: Development within the HiStoric Area could further deteriorate the historic resources within the Historic Area and ~ the City's goal of protecting, preserving, and unearthing historical resources in the Historic Area. Pending studies and potential future studies are necessary to eatatog the existing historical resources in the Historic Arvn and to provide the City with information on the tools at its diSpOsal to protect, preserve, and elUCidate this history of the Historic Area. Inview.ofthe facts.set fo~. ~ ...... the Recitals of this Ordinance, it is necessary to immediately study, hold hearings, and consider the adoption of a Specific P1an for the Historic Area as it may be recommended to the City Council by the Planning Commission. A Specific Plan cannot be enacted without due deliberation, and it will take an undetermined length of time to complete the appropriate studies and drafting necessary to prepare the Specific Plan. It would be destructive of the goals of the proposed Specific Plan if, during the period the Specific Plan is being studied and is the subject of public hearings, parties seeking to evade the operation of Specific Plan in the form it may be adopted should be permitted to operate in a manner that might progress so far as to defeat in whole or in part the ultimate objective of the Specific Plan. 2) Compliance with California Environmental Quality Act. This ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or uVttmately; it prevents changes in the environment pending the completion of the contemplated Specific Plan. This ordinance is categorically exempt fi'om CEQA under section 15308 of the State CEQA Guidelines because it is a regulatory action taken by the City, in accordance with Government Code section 65858, to assure maintenance and protection of the environment pending cOmpletion of the contemplated Specific Plan. 3) Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of dais ordinance are severable, The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof 4 irrespective of the fact that any one or more secti°ns' subsections, subdivisions, paragraphs, semences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. · 4) Effective Date. This ordinance shall become effective ~e. ~.i_a~ely upon adoption if adopted by at least four'fifths vote of the City Council and shall be in effect until January 21, 2004, unless' extended by the City Council'as provided for in Government Code section 65858, PASSEl), APPROVEI) and Al)OFI~l) this t 8t~ day of November 2003. AYES: Conncilmembers McCormick, Ora. e~, Sbranti and Zika and.Mayor Loekhar~ NOES: None ABSENT: None ^TT STs ' ~' ~. 'ty Clerl~ K2/G/I i-18~03/ord4~torical-urgeney.doe (Item 6.3) 5