HomeMy WebLinkAboutItem 6.1 InterimZn 7197VillagePkwy CITY CLERK
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• AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 1 , 1998
SUBJECT: PUBLIC HEARING: PA 98-049 Interim Zoning Ordinance
• Extending the 45-day Moratorium for the Property Located at 7197
Village Parkway
(Report Prepared by: Carol R. Cirelli, enior Planner)
EXHIBITS ATTACHED: Exhibit 1: Interim Ordinance Extending the 45-Day Moratorium
RECOMMENDATION: P' Waive reading and adopt the Interim Ordinance (Exhibit 1)
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extending the 45-day moratorium on uses inconsistent with the
proposed zone change for the property located at 7197 Village
Parkway, until July 21, 1999.
FINANCIAL STATEMENT: Staff time to conduct the land use study and process a zone change.
BACKGROUND:
On July 21, 1998, the City Council adopted an interim zoning ordinance for property located at 7197
Village Parkway, which became effective immediately for a 45-day period. The ordinance established a
moratorium on development applications that are not consistent with Community-Serving Retail, Office
and Service, and Eating, Drinking and Entertainment-type uses, excluding drive-through establishments,
pending the completion of a general plan amendment and/or zone change study for the property. The
ordinance also includes a finding that approval of projects 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, would result in a threat to public health, safety and welfare due to the land use •
incompatibilities with the Community-Serving Retail, Office and Service, and Eating, Drinking and
Entertainment-type uses.
On August 4, 1998, the City Council received a status report on the measures taken to alleviate the
urgency condition at 7197 Village Parkway and the change study. The status report also included a
tentative processing schedule for the study.
DESCRIPTION:
According to State law,the City Council is required to hold a public hearing if the interim zoning
ordinance requires an extension beyond the effective 45-day period. Staff is in the process of completing
COPIES TO: In-House Distribution
ITEM NO. :.
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the zone change stucly for the property and expects to bring the zone change study to the Planning
Commission and City Council in October and November of 1998. The interim ordinance \gill expire
September 4, 1998. so it is necessary to extend the ordinance in order to complete the zone change study. •
RECOMMENDATION
Staff recommends that the City Council: waive reading and adopt the Interim Ordinance (Exhibit 1)
extending the 45-day moratorium on uses inconsistent with the proposed zone change for the property
located at 7197 Village Parkway, until July 21, 1999.
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ORDINANCE NO. - 98 .
AN INTERIM ORDINANCE EXTENDING THE 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, PA 98-049) 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 four 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,
gift/specialty stores, book stores, and 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.
EXHIBIT 1
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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 Ordinance No. 11-98. adopted July 21, 1998 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/vehicle brokerage, rental, sales, service
and repair; and
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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.
WHEREAS, on July 21, 1998, the City Council adopted a forty-five (45) day moratorium on
the acceptance, processing or approval of 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, Drinking and Entertainment. .
WHEREAS, the City staff needs additional time to complete the General Plan Amendment
Study to evaluate appropriate uses for the Property.
NOW THEREFORE, the City Council ordains as follows:
1) The City extends for ten (10) months and fifteen (15) days, from September 6, 1998, until July
21, 1999, the forty-five (45) day moratorium it adopted on July, 21, 1998 by which it ordained that 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, Drinking and Entertainment.
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-
fifths vote of the City Council and shall be in effect until July 21, 1999 unless extended or repealed 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
1st day of September, 1998, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT: •
Mayor
ATTEST:
City Clerk
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