HomeMy WebLinkAboutOrd 11-98 Village Pkwy 7197ORDINANCE NO. 11 - 98
AN URGENCY ORDINANCE
ESTABLISHING A MORATORIUM ON THE ACCEPTANCE,
PROCESSING AND APPROVAL OF APPLICATIONS AND
PERMITS FOR DEVELOPMENT ON THAT PROPERTY LOCATED AT
7197 VILLAGE PARKWAY (APN 941-0210-013)
PENDING THE COMPLETION OF A GENERAL PLAN AMENDMENT
AND/OR ZONE CHANGE STUDY
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
WHEREAS, Village Parkway is a main, centrally located street in downtown Dublin; and
WHEREAS, the use or non-use of each parcel on Village Parkway affects the value and potential
development of other property in the area; and
WHEREAS, unsightly or inappropriate land use on one parcel can discourage or prevent desired
land uses in the area; and
WHEREAS, a British Petroleum (BP) Service Station was operated at 7197 Village Parkway
("The Property") until approximately April, 1998; and
WHEREAS, for the last three months, The Property has been vacant. During this time, it has
become unsightly, with high weeds, large amounts of debris, abandoned vehicles, unattractive cyclone
fencing, and other features which degrade the aesthetic environment in the area; and
WHEREAS, at the July 7, 1998 City Council Meeting, members of the Council expressed their
desire to encourage Village Parkway to develop into a vital downtown area with offices, restaurants, cafes,
retail services, and other pedestrian-friendly land uses; and
WHEREAS, at the July 7, 1998 City Council Meeting, the Council instructed staff to initiate a
General Plan Amendment Study to evaluate appropriate uses for The Property, consistent with that desire;
and
WHEREAS, the Council will consider a General Plan Amendment and/or a zone change; and
WHEREAS, in response to the City Council's direction, Staff conducted a preliminary land use
investigation for the site and recommended the following commercial uses:
Community-Serving Retail: general merchandise stores, clothing/shoe stores, git'r/specialty
stores, book stores, a/nd similar stores;
Office and Service: legal offices, medical/dental offices, travel agency, hair/beauty salon,
other administrative and professional offices, and similar offices and service uses;
Eating, Drinking and Entertainment: restaurants, cafes, ice cream shops, video rental,
delicatessens, and similar uses.
WHEREAS, Community-Serving Retail, Office and Service, Eating, Drinking and Entertainment
uses, as those terms are used in this ordinance, do not include automotive-related uses, such as service
stations, automobile/vehicle brokerage, rental, sales, service and repair; and
WHEREAS, the Agenda Statement for this ordinance provides evidence that the development of
Community-Serving Retail, Office and Service, and Eating, Drinking and Entertainment uses on Village
Parkway may be discouraged by the use of The Property for automotive-related uses, such as service
stations, automobile/vehicIe brokerage, rental, sales, service and repair; and
WHEREAS, the City Council finds that allowing the future use of The Property for automotive
related uses, such as service stations, automobile/vehicle brokerage, rental, sales, service and repair
therefore poses a current and immediate threat to the public health, safety and welfare because it will likely
cause land use incompatibilities; and
WHEREAS, the City Council finds that the approval of additional subdivisions, use permits,
variances, building permits, or any other applicable entitlement that would allow the future use of The
Property for automotive related uses, such as service stations, automobile/vehicle brokerage, rental, sales,
service and repair, therefore would result in that threat to public health, safety and welfare.
NOW THEREFORE, the City Council ordains as follows:
1) The City shall not accept, process or approve any applications or permits for subdivisions, use
permits, variances, building permits, or any other applicable entitlement on The Property for any uses other
than Community-Serving Retail, Office Service, and Eating, Drinldng and Entertainment, excluding drive
through establishments, so long as this ordinance is in effect.
2) 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
General Plan Amendment.
3) This ordinance shall become effective immediately upon adoption if adopted by at least four-fiRhs
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.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this 21st day of
July, 1998, by the following vote:
AYES:
NOES: None
ABSTAIN: None
ABSENT: None
Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston
K2/G/cc-mtgs/7-21-98/ord-bp. doc
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