HomeMy WebLinkAboutOrd 12-98 Village Pkwy 7197ORDINANCE NO. 12 - 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 staffto
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.
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
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 staffneeds 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:
Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston
None
None
None
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