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HomeMy WebLinkAbout6.4 ScarletCtAreaUrgentOrd CITY CLERK File# #410-20 AGENDA STATEMENT CITY couNcIL MEETING DATE' October 1, 2002 SUBJECT: puBLIC HEARING: Consideration of Urgency Ordinance in Scarlett Court Area (this item was continued from September 3, 2002) Report Prepared by: Andy Byde, Senior Planner ~ ATTACHMENTS: 1. Urgency Ordinance 2. List of Use Definitions from the Zoning Ordinance 3. Letter from concerned property owner (Busik-Gearing) 4. September 3, 2002, Agenda Statement RECOMMENDAT~~ Open Public Hearing Receive Staff presentation; 3. Receive Public Testimony and Close Public Hearing; 4. If the City Council finds the list of allowed and prohibited uses appropriate (Attachment 1), then Staff recommends that the City Council waive the reading and adopt an Urgency Ordinance. FINANCIAL STATEMENT: No financial impact DESCRIPTION: This item was continued from the September 3, 2002, City Council meeting. On September 3, 2002, the City Council heard the proposed moratorium and three additional moratorium alternatives as well as concerns from business and property owners regarding the impacts of the moratorium and the alternatives. The City Council voted to continue this item to October 1, 2002, directed Staff to meet with business and property owners in the area, and to prepare an urgency ordinance to implement Alternative 2 (see Attachment 4 for a complete description of the original moratorium and the Alternatives 1 and 2). ISSUES The City Council directed Staff to prepare an urgency ordinance to implement "Alternative 2" (Attachment 1). Specifically, Alternative 2 would prohibit all new uses that are currently permitted and conditionally permitted in the area during the term of the moratorium, which' will last at least as long as Specific Plan Study, but no more than two years total. Additionally, the City Council directed Staff to remove 'Automobile/Vehicle Storage Lot' as a prohibited use. Following is a list of uses that are currentlY permitted but that would be prohibited during the term of the Specific Plan as designated by the highlighte~: COPIES TO: Property/Business Owners Project Plann~ ITEM NO. G:LPA#k2002\ScarlettCourt Sp\ccstaffreport 9-13 Scarlett Court.doc /,~' ~ KEY i" i ".' Drive-in/Drive-through Business Permitted P Eating and Drinking Not Permitted Establishment Conditional Use Permit/Zoning Administrator C/ZA Fortunetelling Conditional Use Permit/Planning Commission C/PC General Retail Sales Temporary Use Permit TUP Health Services/Clinics Hotel/Motel Housemover's Storage Yard CIVIC USES CIVIC USE TYPE M-1 Laboratory P Community Clubhouse Massage Establishment Community Facility C/PC Mini-Storage Neighborhood Retail Sales Hospital/Medical Center Outdoor Mobile Vendors C/ZA ~ Outdoor Sales Not Related to C/ZA On-Site Established Business Newspaper Recycling Facility Outdoor Seating ~ ..... :~-~ ~I~ ?,~ :*t~ Personal Services Plant Nursery Professional/Administrative - COMMERCIAL USES Office COMMERCIAL USE TYPE M-1 !' :¢~;~': '~'~!~l'l~' ~:~,~3-[~, ~:~:~>:~ ~ ~'~ ~ ~:: ~' ~?~ ..... ~ ~ Seasonal Holiday Sales Lots TUP ~~:~:~'x~ Service Retail - Automobile/Vehicle Brokerage - Shopping Center - Automobile/Vehicle Rentals C/PC Special Events TUP Automobile/Vehicle Repairs C/PC Temporary Construction Trailer TUP and Service Automobile/Vehicle Sales and C/PC Service Automobile/vehicle Storage Lot C/PC Banks and Financial Services - INDUSTRIAL USE TYPE M-1 Bed and Breakfast Inn C/PC Car Wa~/Detail~g ~ ~;} i/~//lga~ ~ Heavy Industrial ~ ~ ::'~ · Light Industrial P ~ ~ i.g~a~ ~ Printing and Publishing P Commercial School Research and Development P COMMERCIAL USE TYPE M-1 Laboratory ~a! ~!~:; a ~ Storage of Petroleum Products e Community Care Facility/Large C/PC for On-Site Use Day Care Center (13+) C/PC This alternative would prohibit all listed uses in the area during the term of the Specific Plan Study or the duration of the urgency ordinance, whatever comes first. During the Specific Plan Study more detailed informatiOn on circulation, preferred location, and guidelines for these types of uses will be established. The ordinance would, however, permit the initiation of the following uses in the area, because the Council has previously indicated that it believes that the Specific Plan Study will propose consistent uses: Community Facility Outdoor Sales Not Related to On-Site Established Business Automobile/Vehicle Seasonal Holiday Sales Lots Rentals Automobile/Vehicle Special Events Repairs and Service Automobile/Vehicle Sales Temporary Construction and Service Trailer Bed and Breakfast Inn Light Industrial Community Care Printing and Publishing Facility/Large Day Care Center (13+) Research and Development Laboratory Laboratory Outdoor Mobile Vendors Meeting with Property Owners In addition to directing Staff to prepare an urgency ordinance to implement Alternative 2, the City Council instructed Staff to meet with property owners regarding the pending moratorium. Specifically the property owners had concerns relating to the proposed list of uses which would not be allowed during the term of the moratorium: (1) Contractor's Office; (2) Warehousing and Distribution; (3) Commercial Vehicle Storage Yar& and (4) Building Materials Sales. The concerns that were articulated during the meeting regarding these proposed prohibited uses stemmed from property owners that had several small tenant spaces with uses similar to the aforementioned. They indicated that a significant financial impact would result if they were unable to rent these vacant spaces. The prOperty owners with these 4 use types requested that the uses not be prohibited during the term of the urgency ordinance. The property owners also requested that if the moratorium is enacted, then property owners be allowed to re-tenant vacant space with like uses, even if those uses were prohibited by the moratorium. In addition, Staff has received a letter from a property restating the concerns expressed at the meeting (see Attachment 3). Moratorium Process An interim ordinance would take effect immediately if. adopted by a four-fifths vote by the City Council. State law limits the initial term of the ordinance to 45 days. State law also requires the ordinance to include a finding that there is a current and immediate threat to the public health, safety or welfare, and that the approval of ministerial or discretionary actions in order to comply with the Zoning Ordinance would result in a threat to public health, safety or welfare. State law allows the City Council to extend the ordinance by 10 months and 15 days, and again by one year (for a total of two years), following a noticed public hearing. Any subsequent extension shall require a four-fifths vote for adoption. No more than two extensions may be adopted. Ten days prior to the expiration of an interim ordinance or any extension, the City Council shall issue a written report describing the measures taken to alleviate the condition, which led to the adoption of the ordinance. Should the City Council establish a moratorium through the adoption of this urgency ordinance, the above mentioned written report would be brought back to the Council on November 5, 2002. RECOMMENDATION: (1) Open Public Hearing; (2) receive Staff presentation; (3) receive public testimony and close public hearing; (4) if the City Council finds the list of allowed and prohibited uses appropriate (Attachment 1), then Staff recommends that the City Council waive the reading and adopt an Urgency Ordinance. ORDINANCE NO. xx-02 AN ORDINANCE OF THE CITY CouNCIL OF THE CITY OF DUBLIN AN URGENCY ORDINANCE MAKING FINDINGS AND ESTABLISHING A MORATORIUM ON THE ACCEPTANCE, PROCESSING AND APPROVAL OF APPLICATIONS AND PERMITS FOR DEVELOPMENT IN THE SCARLETT COURT AREA PENDING THE COMPLETION OF A SPECIFIC PLAN WHEREAS, the use or non-use of each parcel of real property in Scarlett Court, shown on Exhibit A hereto, and the manner of using those Parcels, affects the value and potential development of other property in the surrounding area, also shown on Exhibit A hereto; and WHEREAS, unsightly or inappropriate land use on one parcel can discourage or prevent desired land uses in the sun'ounding area, negatively affecting the aesthetics of the City, decreasing the number of jobs and revenue for City services, frequently leading to the degradation of structures as failed businesses are not replaced, and inCreasing the likelihood that inconsistent and sub-optimal land uses will move into an area, further degrading it; and WHEREAS, Dublin Boulevard, a major thoroughfare, was recently improved to provide additional frontage to parcels along Scarlett Court; and WHEREAS, the Scarlett Court area has manY large and underutilized parcels which have inadequate access and do not take advantage of the recent extension of Dublin Boulevard; and WHEREAS, the majority of the uses within the Scarlett Court area face inward and do not use their frontage onto Dublin Boulevard; and WHEREAS, several parcels within the Scarlett Court area have lot depths in excess of 1000 feet which renders many retail uses ineffective; and WHEREAS, Dolan's Lumber ceased operating at 6365 Scarlett Court in approximately June, 2001; and WHEREAS, during the Goals and Objectives session for Fiscal Year 02/03, the City Council requested Staff, as a high priority item, to initiate a Specific Plan for the Scarlett Court Area; and WHEREAS, on June 18, 2002, the City Council authorized the initiation of a Specific Plan for the Scarlett Court Area to assess the best uses for the properties in the Scarlett Court Area, how to encourage those uses to take advantage of their frontage on Dublin Boulevard, and how to encourage beneficial re- use of properties that are currently underutilized; and WHEREAS, the City Council believes that similar uses should be encouraged to develop in the Scarlett Court Area to improve the appearance of businesses in the area, provide jobs and revenue, and to take appropriate advantage of the properties in the Area fronting on Dublin Boulevard; and t/ G:\PA#\2002~Scarlett Court Sp\scarlett court moratorium ordinance 91202 version (2).DOC & //~//J/D Attachment 1 WHEREAS, the City Council has authorized the initiation of a Specific Plan study to determine the best means of accomplishing those goals for the development of the Scarlett Court Area; and WHEREAS, untimely changes of uses within the 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 properly developed as properties become suitable for reuse, either by allowing the initiation of uses incompatible with those recommended by the Specific Plan study or by directly preventing the use of properties as recommended in the study; and WItEREAS, based on the foregoing, the City Council finds that allowing development to continue to occur in a disorganized fashion poses a current and immediate threat to the public health, safety and welfare because it will likely cause land use incompatibilities; and WItEREAS, the City Council finds that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable discretionary permit, except for building permits and discretionary permits submitted prior to September 3, 2002, which would allow the modification of the properties within the Scarlett Court area, therefore would result in that threat to public health, safety and welfare. NOW THEREFORE, THE CITY COUNCIL ORDAINS AS FOLLOWS, ADOPTED AS AN INTERIM ORDINANCE UNDER THE PROVISIONS OF GOVERNMENT CODE SECTION 65858: 1) From anal after the date of this ordinance, except for the uses listed below, 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 use on any parcel located in the Scarlett Court area (shown on Exhibit A hereto). The following uses. are permitted, however, and building and land use permits, if required, may be approved and issued therefore, subject to the same requirements as otherwise apply to such uses and permits in the Dublin Municipal Code: Community Facility Outdoor Sales Not Related Automobile/Vehicle to On-Site Established Rentals Business Automobile/Vehicle Seasonal Holiday Sales Repairs and Service Lots Automobile/Vehicle Sales Special Events and Service Temporary Construction Bed and Breakfast Inn Trailer Community Care Light Industrial Facility/Large Printing and Publishing Day Care Center (13+) Research and Development Laboratory Laboratory Outdoor Mobile Vendors 2 The foregoing excepted uses will be permitted during the period of the moratorium because the City Council expects that the authorized specific plan for the Scarlett Court area will propose compatible uses. Despite the general prohibition on construction and initiation of uses in the Scarlett Court area during the period of the moratorium imposed by this ordinance, so long as this ordinance is in effect the City shall accept and process applications for land use and building permits for uses not excepted from the moratorium. Except as modified herein, all other requirement of the Zoning Ordinance shall remain in effect during the term of this ordinance. 2) 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) 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) 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. PASSED, APPROVED and ADOPTED this 1st day of October 2002. AYES: NOES: ABSENT: ABSTAIN: Mayor City Clerk 3 Dublin PROPOSED MORATORIUM AREA Exhibit A to Attachment Zoning Ordinance Definitions Proposed list of Uses to be prohibited during the term of the Specific Plan CIVIC USES Industrial Transfer/Storage/Treatment Facility (use type). The term Industrial Transfer/Storage/Treatment Facility shall mean any hazardous waste management facility which is not a small-scale transfer facility or a residuals repository. This facility category includes but is not limited to: a. Manifested waste transfer station; b. Recycling facility; c. Aqueous treatment facility; d. Stabilization and solidification facility; and e. Bioremediation. Small-Scale Transfer and Storage Facility (use type). The term Small-Scale Transfer and Storage Facility shall mean facilities with wastestreams small enough to be exempt fi'om manifest requirements as described in California Health and Safety Code, Division 20, Chapter 6.5, Article 6. Wastes from any given generator must not exceed a total volume of five gallons or a total weight of 50 pounds. A household hazardous waste collection facility is considered to be a small-scale transfer and storage facility. COMMERCIAL USES Ambulance Service (use type). The term Ambulance Service shall mean establishments which provide for the basing and operation of ambulances serving the general public, storage and maintenance of ambulances, an office necessary to manage the use, and sleeping facilities for one ambulance crew. An Ambulance Service use shall not be used as a permanent residence. Animal Sales and Services (use type). The term Animal Sales and Services shall mean establishments which sell animals or provide services related to animals including hay and feed sales, animal grooming, animal hospital, animal sales, kennel, veterinarian, veterinary clinic or hospital, and similar goods or services determined to be substantially similar to the above by the Director of Community Development. Auction Yard (use type). The term Auction Yard shall mean a facility where merchandise, automobiles, trucks, recreational vehicles, boats and trailers, and other vehicles or goods determined to be substantially similar to the above by the Director of Community Development are sold at auction. Anyone wishing to conduct the business of an auctioneer shall comply with the requirements of law and shall Building Materials Sales (use type). The term Building Materials Sales shall mean indoor retail enterprises which sell building materials, tools, lumber, plumbing supplies, hardware, drywall, lighting fixtures, flooring, paint, wallpaper, glass, fixtures, nursery Attachment 2 stock, lawn and garden supplies, (which may also be sold in hardware stores classified under General Commercial use type). Includes all such stores selling to the general public, even if contractor sales account for a larger proportion of sales. Building Materials Sales may include other goods or services as determined to be substantially similar to the above by the Director of Community Development. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified under the Wholesaling and Distribution use type. Retail - Outdoor Storage for Retail - Service uses is permitted pursuant to a Conditional Use Permit in the C-1 and C-2 zoning districts per Chapter 8.12, Zoning Districts and Permitted Uses of Land. Cemeteries, Columbariums and Mortuaries (use type). The term Cemeteries, Columbariums and Mortuaries shall mean interment establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries; cemetery, mausoleum, crematorium and columbarium operations; and full-service funeral parlors, whether accessory to or separate from a cemetery or columbarium. Office - Contractor's (use type). The term Office - Contractor's shall mean businesses that are characterized by the installation of materials or equipment on the property of the purchaser. Equipment and materials are stored indoors in this use type. Dance Floor (use type). The term Dance Floor shall mean a dance floor on which is held, conducted, or allowed a public dance on premises open to the public which is at least 120 square feet in size and which provides for a minimum of four and one-half feet distance between the dance floor and any counter or bar, or stools in connection therewith. A dance permit is required by Chapter 5.52 of the Municipal Code. Impound Yard (use type). The term Impound Yard shall mean an establishment which stores operable vehicles which have been towed to the yard. An impound yard shall be located behind a solid view-obscuring fence or wall. This use type does not include storage of inoperable or wrecked vehicles or include a salvage yard or wrecking yard. Recreational Facility/Indoor (use type). The term Recreational Facility/Indoor shall mean establishments providing amusement, entertainment, or physical fitness services typically occurring indoors for a fee or admission charge, such as, but not limited to: arcades containing coin-operated amusements and/or electronic games (five or more such games or coin-operated amusements in any establishment constitutes an arcade pursuant to this definition, four or less are not considered a land use separate from the primary land use of the site); card rooms, billiard and pool halls, bowling alleys; lazer tag businesses; ice skating and roller skating; dance studios/schools; fitness centers, gymnasiums, health and athletic, clubs including indoor sauna, spa or hot tub facilities; martial arts studiOs; tennis, handball, racquetball, ice rinks, indoor archery and shooting ranges, indoor soccer or hockey facilities, swimming pools, theaters (other than adult business establishments), auditoriums, and other indoor sports activities determined to be substantially similar to the above by the Director of Community Development. Recreational Facility/Indoor does not include a dance floor. Recreational Facility/Outdoor (use type). The term Recreational Facility/Outdoor shall mean establishments providing amusement, entertainment, or physical fitness services typically occurring outdoors for a fee or admission charge, such as, but not limited to: golf courses, driving ranges, hunting and shooting clubs, country clubs, mini-grand prix courses, miniature golf parks, amusement parks, recreational vehicle parks, baseball or football stadiums, swimming pools, and other outdoor sports activities determined to be substantially similar to the above by the Director of Community Development. Service Station (use type). The term Service Station shall mean retail establishments selling gasoline, which may also provide lubrication, oil change and tune-up services and the sale of automotive products, incidental to gasoline sales. This Use Type may also include accessory towing, minor mechanical repair services and trailer rental, and the accessory sales of food, gifts, etc. and may include additional services and goods determined to be substantially similar to the above as determined by the Director of Community Development. A mini-mart may only be combined with a Service Station in the C-1 and C-2 zoning districts (see Retail - General). This Use Type does not include the storage of wrecked or abandoned vehicles, paint spraying, body and fender work. For automobile repair services, see Automobile Repairs and Service use type. Equipment and Materials Storage Yard (use type). The term Equipment and Materials Storage Yard shall mean a yard enclosed by a solid view-obscuring fence or wall and used for the storage of materials and equipment used for construction or to be installed on the property of the purchaser. This use type includes equipment rental yards and other uses determined to be substantially similar to the above as determined by the Director of Community Development. INDUSTRIAL USE TYPE Salvage and Wrecking Yards (use type). The term Salvage and Wrecking Yards shall mean the use of more than 200 square feet outside ora building on any lot for the handling or storage of scrap metal, paper, rags, or discarded, salvaged or waste materials of any kind. The term includes automobile wrecking yards; used lumber yards; junk yards and storage of salvaged house wrecking and structural steel materials and equipment. This term does not include yards for the sale of operable used cars or machinery, Auction Yards, or the incidental prOcessing of used or salvaged materials where permitted as part of a lawful manufacturing or industrial use on the same premises. Trucking Terminal (use type). The term Trucking Terminal shall mean an area and building, with five or more truck bays, where cargo is stored and where trucks load and unload cargo on.a regular basis. Warehousing and Distribution (use type). The term Warehousing and Distribution shall mean establishments engaged in warehousing, wholesaling, selling merchandise to retailers, industrial, commercial, institutional, farm, or professional business users, or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies, or mail-order businesses requiring warehousing facilities. This Use Type includes such establishments as: merchant wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products; stores primarily selling electrical, irrigation, plumbing, heating and air cOnditioning supplies and equipment, and tile; bottling works and similar uses determined to be substantially similar to the above by the Director of Community Development. This use does not include discount warehouses such as a Costco, Price Club, Office Depot, Home Depot or other similar establishments which are included under the Retail - Service Use Type. 13 02 01:23~ B. Green ~25-828-0138 Tel-' Fax: 92.5.828-0138 email :dogreen~vm'ld net. ntt. net Busiek-Gearing Properties 7440 ~-narillo Road Dublin, CA 94568 September 13, 2002 VIA FACSIMILE 925-833-6628 City of Dubtin 100 Civic Plaza Dublin CA 94568 AttentiOn: Andy Byde- Senior Planner Re: Scarlett Court - Alternative 2: Prohibiting Certain Use Types - Commercial Uses Gentlemen: Thank you for holding the meeting on Monday, September 9, 2002 to discuss the various uses currently under the MI classifi6ation which are currently are being proposed tobe prohibited. Our current uses fall within those proposed uses to be prohibited, as follows: Building Materials Sales Contractors' Office Commercial Vehicle Storage Yard To have these uses prohibited will cause considerable limitation to rentable space in our multi-tenant buildings, especially in the current downturn in business. We have tenants who axe contractors and sub-contractors who rent small spaces to have as offices and storage of limited materials and supplies. They usaally come into their spaces early in the morning or later in the day and spend the remainder of the day out at job sites. They are eeo' "low kef' operations and cause very limited traffic tie up on the City roads. We also have Building Materials Sales businesses who provide tools and materials to the contracting t~adcs. These businesses are integral to the growth of Dublin aad surrounding areas. They provide unique services provided by small business entrep~meurs. They also provide livelihood to many families - many are Dublin residents, as well as bring tax dollars into the City. To prevent these businesses from continuing - when employment is hard to find - would be very detrimental and unnecessary at this time. ATTACHUENT SEP-13-2002 01:39PM TEL]925 828 0138 ID)CITY OF DUBLIN PAGE:001 R=97~ Sep 13 02 01:23p l~. Green ~)25.-828-0138 While we are v0ry cognoscente of the fact that Dublin has other ideas for the furore of this area we feel that these plans could be ongoing, without the use of the moratorium and at a pace to be provided by supply and deraand for other uses by the business climate. We trust that you will agree favorably with our request that we may continue to suppIy space to ~is essential corner of the market. Very truly yours, Busick-Gearing Properties Doreen M. Green Manager SEP-i3-2002 Bl:39PH TEL)925 828 0138 ID)CITY OF DtJBLIN PRGE:002 R=9?z ITY I£RK AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 3, 2002 SUBJECT: PUBLIC HEARING: Consideration of Urgency Ordinance in Scarlett Court Area (this item was continued from the August 6, 2002) Report Prepared by: Andy Byde, Senior Planner ATTACHMENTS: 1. Urgency Ordinance 2. Scarlett Court Area Map 3. Scarlett Court Assessors Parcel Map RECOMMENDATION:  1. Open Public Hearing 2. Receive Staff presentation; 3. Receive Public Testimony and Close Public Hearing; 4. Determine if ministerial and discretionary actions could negatively impact the outcome of the desired Specific Plan; and 5(A). If the scope and exceptions proposed in draft Ordinance (Attachment 1) are determined to be appropriate staff recommends that the City Council waive the reading and adop~t an Urgency Ordinance which will impose a moratorium on any ministerial and discretionary actions (subject to the exceptions listed in the Agenda Statement); or 5(B). If the scope and exceptions proposed by Staff are not appropriate than provide direction to Staff on the 4 remaining options listed in the Agenda Statement. FINANCIAL STATEMENT: No financial impact DESCRIPTION: This item was continued from the August 6, 2002, City Council meeting. During the June 18th 2002, City Council meeting, the Council voted to initiate and define the SCarlett Court Area Specific Plan and directed Staff to provide notification to the tenants and property owners within the Scarlett Court Area .that the City Council is considering a moratorium for the area. On July 3, 2002, Staff sent out the notices to all known Tenants and Property Owners within the specific Plan area. On August 6, 2002, the City Council heard the proposed moratorium as well as concerns from business and property owners regarding the impacts of the moratorium. The City Council voted to continue this item and directed Staff to evaluate additional alternatives to the proposed moratorium. COPIES TO: Property/Business Owners Project Planner ITEM NO. G:~PAg52002XScarlett Court Sp\ccstaffrep0rt 8'26 Scarlett Court. doc ISSUES /fl '~ Proposed Moratorium Staff is concerned, that without knowing the outcome of the Specific Plan study (which was authorized on June 18, 2002), which would include land use, economic analysis, and a circulation analysis; certain types of ministerial and discretionary actions, which modify the appearance or allow vacant .buildings to be retenanted could ultimately frustrate the City's long term efforts to ensure the area is properly developed as properties become suitable for reuse. At We August 6, 2002, City Council meeting, Staffproposed'a moratorium that would prohibit ministerial or discretionary actions including:building permits which modify the appearance or potential use of a building or a business license for a new use or permit the resumption of the last use of a property that has been vacant for more than a year prior to the perrnit application, Site Development Review (SDR), Conditional Use Permits (CUP), and etc. Staff proposed three exceptions: (1) any discretionary action submitted prior to August 6, 2002; (2) emergency repair work deemed necessary by the Building Official for the safety of the occupants; and (3) proposed new auto sales fi:anchises. In addition, the proposed urgency ordinance would temporarily modify the current zoning regulations and would require a CUP for new auto sales franchises to be approved by the City Council, instead of the Planning Commission during the moratorium period. Moratorium Process An interim ordinance would take effect immediately if adopted by a four-fifhhs vote by the City coUncil. State law limits the initial term of the ordinance to 45 days. State law also requires the ordinance to include a finding that there is a current and immediate threat to the public health, safety or welfare, and that the approval of ministerial or discretionary actions in order to comply with the Zoning Ordinance would result in a threat to public health, safety or welfare. State law allows the City Council to extend the ordinance by 10 months and 15 days, and again by one year (for a total o£Wvo years), 'following a noticed public hearing. Any subsequent extension shall require a four-fifths vote for adoption. No more than.two extensions may be adopted. Ten. days' prior to thk expiration o£ an interim ordinance or any extension, the City Council shall issue a written report describing the measures taken to alleviate the condition, which led to the adoption of the ordinance. Should the City CoUncil establish a moratorium through the adoption of this urgency ordinance, the above mentioned written report would be brought back to the Council on October 15, 2002. AdditionallY, according to the City Attorney, the adoption of a moratorium pursuant to the authority of Government Code section' 65858 will not subject the City to liability for damages due to delay in development of property. Alternatives to the Prop°Sed Moratorium At the August '6, 2002, City COuncil meeting the Council requested Staff to return to the September 3, 2002, meeting with some additional information and alternatives to the proposed moratorium. Alternative 1: Modify Zoning Ordinance 'to Require CUP's During the August 6, 2002, City Council meeting it was mentioned that, rather than adopting a moratorium, the Council could require a conditional use permit (CUP) and be the approving body for all CUP's in the Scarlett Court Area, pending conclusion o£the Scarlett Court Area Specific Plan Study. A CUP is a quasi-judicial, administrative action. Its purpose is to allow a particular use not allowed as a ma~ter of right in the zoning district. According to the City Attorney, a CUP cannot be restricted to a term of years unless the applicant so requests. To implement Alternative 1, the City Council would have to create a new zoning district different from the M-1 district by amending the Zoning Ordinance and then rezone the Scarlett Court Area to that new zoning designation. Amending the Ordinance and rezoning the area would require bringing the proposed Zoning Ordinance Amendment to the Planning Commission for review and returning to the City Council for two public hearings, the ordinance would then be in effect 30-days after adoPtiOn. Significant Staff time would be required to prepare the ordinance, in lieu of Staff time spent on the preparation of the Specific Plan Study. Alternative 2: .Prohibiting Certain Use Types As previously mentioned, the zoning for the Scarlett Court area is M-1 (Light Industrial). COntained below is a table from the Zoning Ordinance which specifies the uses which are permitted and require no discretionary approval ('P'), uses designated which are conditionally permitted (CUP required) with a hearing before the Zoning Administrator~('C/ZA), uses designated which are conditionally permitted (CUP required) with a hearing before the Planning Commission ('c/PC'), and uses designated which are prohibited ('-'). Staff proposes an Alternative that would prohibit certain uses that are currently permitted and conditionally permitted during the term of the SPecific Plan .Study as designated with the following' Permitted P Car Wash)Detailin~ Not Permitted ,- ii 'i i ~ ~ ~ Conditional Use Permit/Zoning Administrator C/ZA ~ ~ Conditional Use Permit/Planning Commission C/PC ~ ,, a ~ ~~ ~ Temporary Use Permit TUP Commercial School COMMERCIAL USE TYPE M-1 civic USES Community Care Facility/Large C/PC CIVIC USE TYPE M-1 ~ . ~ Community Facility C/PC~~iii~ ~ ~ Hospital/Medical Center Day Care Center (13 +) C/PC ~ Drive-in/Drive-through Business Eating and Drinking Newspa Der Recycling Facility Establishment · .' i, '." ... ~ ~:~ ~ Fortunetelling ........ General Retail Sales Health Services/Clinics ..... ~ COMMERCIAL' 'USES Hotel/Motel Housemover's Storage .Yard COmmERCIaL USE TVP Laboratory P Massage Establishmen~ -. Mini-Storage Neighborhood Retail Sales Outdoor Mobile Vendors C/ZA Outdoor Sales Not Related to C/ZA On-Site Established Business Outdoor Seating Personal Services Plant Nursery Professional/Administrative Banks and Financial Services Office Bed and Breakfast Inn ~~ ~ Repair Shop ..... Seasonal Holiday Sales Lots TLrp Heavy Industria! ,' - Service Retail Light Industrial P ~~, ~i' Printing and Publishing P Shopping Center Research and Development P Special Eve,nts TUP Laboratory ~ Temporary ConstruCtion Trailer T~P ~~ ~ Storage of Petroleum Products P for On-Site Use INDUSTRIAL USE TYPE t M-1 I Under this alternative those uses, which the City Council £elt were not appropriate during the term of the Specific Plan Study, would be prohibited. During the Specific Plan Study mole detailed information on circulation and preferred location and guidelines for these Vypes of uses would be established. To implement this alternative would require returning t0 the. CitY Council with a new urgency ordinance moratorium. Alternative 3:Limiting Modifications of Pro_perties over 2.5 Acres This alternative would concentrate on maintaining the current development pattern without impacting the majority of the smaller uses. This approach would allow for modifications of uses on smaller parcels and replacement of Previously eXisting structures that have been removed prior to September 3, 2002. Interior and exterior modifications (not including signage) and new construction would be limited to parcels under 2.5 acres in size. Currently 9 of the 21 parcels are over 2.5 acres (see Attachment 3 for Assessors ParceI Map which illustrates which parcels are over 2.5 acres in size). Limiting neW development to smaller parcels would ensure that larger parcels, which have a greater chance for reuse, would be not be modified during the Specific Plan Study. To implement this aitemative would require returning to the City Council with a new urgency ordinance moratorium. Analysis of Options Listed on the following page is a table, which includes an analysis, of the 5 options currently before the City Council, including the proposed moratorium, Alternative 1, Alternative 2, Alternative 3, and the no action o' >tion: Action Description Timing ~ Advantage Disadvantage Adopt proposed Proposed moratorium that Immediately. Would prevent projects Would limit all property urgency would prohibit ministerial commencing without owners' cunent flexaYtlity ordinance or discretionary actions respect to the pending ot'replacing tenants and moratoriUm.. including: building permits Specific Plan. making modifications and (Proposed which modify the improvements to Moratorium) appearance or potential use Would protect City from properties. ora building or a business damage claims due to license for a new use or delay, would maintain' permit the resumption of existing uses and would the last use of a property allow.a specific use to that has been vacant for move forward in the more than a ye~ prior to process. the permit application except for new auto sales. · Direct Staff to Zoning Ordinance Would Would allow projects to Would require significant amend the amendment that would' require three move forward in the additional Staff time to Zoning require CUPs to be heard public process, create and implement. Ordinance by the City Council for all hearings and (Alternative 1: uses within the Scarlett would not be Would not protect City, Modify Zoning Court Area. in effect for from 'rakings' claims. Ordinance to at least 4- Require CUP 's). months. May not allow Council to deny projects that are not consistent with Council's vision for area. Direci Staff to A moratoriUm that would Next City Would allow certain uSes to May not anticipate celtain prepare a new prohibit certain uses Council move forward in the projects that the Council urgency currently permitted and meeting, process and allow some finds inconsistent wifla ordinance conditionally permitted by level of flexibility to vision for lhe are~ (Alternative 2: the M-1 zoning district property owners/tenants. Prohibiting within the Scarlett Court Would limit.flexibility for Certain Use Area. Would protect City from l~am~ owners. Types). damage claims due to delay. Would maintain existing uses. Direct Staff to A moratorium that would Next City Provides flexibility to the May prohibit uses that prepare a new restrict ministerial and Council majority of tenants and would be appropriate. urgency discretionary actions to meeting, property owners. Preserves ordinance parcels less than 2.5 acres properties most likely subjectWould limit some (Alternative in size and exempt to reuse, property owners' cune~t 3:Limiting replacement structures, flem'bility. Modifications of Would protect City from Properties over damage claims due to delay. ~, 2. 5 Acres). Would maintain existing uses and would allow a specific use to move forward in the process. Take no Leave current zoning Immediately. Requires no additional Staff Could ultimatelyfiuslmte additional action, regulations in place. Time. Maintains currents theCity's long-l~xm zoning regulations and efforts to ensure the area is provides ultimate flexibility pmg~lydeveloped. to property owners/tenants. RECOMMENDATION: (1) Open Public Hearing; (2) receive S~ff presentation; (3) receive public testimony and close public hearing; (4) determine if ministerial and discretionary actions could negatively impact the outcome of the desired Specific Plan; and (5A) if the scope and exceptions proposed in draft Ordinance (Attachment 1) are determined to be appropriate Staff recommends that the City Council waive the reading and adopt an Urgency Ordinance Which will impose a moratorium on any ministerial and discretionary actions (subject to ff~e exceptions mentioned in the Agenda Statement); or 5(B) if the scope and exceptions proposed by Staff are not appropriate ~han provide direction to Staff on the 4 remaining options listed above in the Agenda Statement. ORDINANCE NO. xx-02 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AN URGENCY ORDINANCE MAKING FINDINGS AND ESTABLISHING A MORATORIUM ON THE ACCEPTANCE, PROCESSING AND APPROVAL OF APPLICATIONS AND PERMITS FOR DEVELOPMENT IN THE scARLETT COURT AREA PENDING THE COMPLETION OF A SPECIFIC PLAN WHEREAS, the use or non-use of each parcel of real property in Scarlett Court, shown on Exhibit A hereto, and the manner of using those parcels, affects the value and potential development of other property in the surrounding area, also shown on Exhibit A hereto; and WHEREAS, unsightly or inappropriate land use on one parcel can discourage or prevent desired land uses in the surrounding area, negatively affecting the aesthetics of the City, decreasing the number of jobs and revenue for City services, frequently leading, to the degradation of structures as failed businesses are not replaced, and increasing the likelihood that inconsistent and sub-optimal land uses will move into an area, further degrading' it; and WHEREAS, Dublin Boulevard, a major thoroughl'are, was recently improved to provide additional frontage to parcels along Scarlett Court; and WHEREAS, the Scarlett Court area has many large and underutilized parcels which have inadequate access and do not take advantage of the recent extension of Dublin Boulevard; and WHEREAs, the majority of the uses within the Searlett Court area face inward and do not use their frontage onto Dublin Boulevard; and WHEREAS, several parcels within the Scarlett Court area have lot depths in excess of 1000 feet which renders many retail uses ineffective; and WHEREAS, Dolan's Lumber ceased operating at 6365 Scarlett Court in approximately June, 2001; and '~ WHEREAS, during the Goals and Objectives session for Fiscal Year 02/03, the City Council requested Staff, as a high priority item, to initiate a Specific Plan for the Scarlett Court Area; and WHEREAS, on June 18, 2002, the City Council authorized the initiation ora Specific Plan for the Scarlett Court Area to assess the best uses for the Properties in the Scarlett Court Area, how to encourage those uses to take advantage of their frontage on Dublin Boulevard, and how to encourage beneficial re- use of properties that are currently underutilized; and WHEREAS, a number of franchise car dealerships alreadY exist in the Scarlett Court Area; and ' Attachment 1, G:kPAtt~2002~h:arlett C°urt Sp\Scarlett C°ur t rmrit°riu m °rd-revised7'24'd°¢ · ~.,~.~ Scarlett Court Area to improve the appearance of businesses in the area, provide jobs and revenue, and to take appropriate advantage of the properties in the Area frOnting on Dublin Boulevard; and WHEREAS, the City Council has authorized the initiation of a Specific Plan StudY to determine the best means of accomplishing those goals for the development of the Scarlett Court Area; and WItEREAS, untimely changes of Uses within the Area during the time that the City completes the Specific Plan could ultimately frustrate the City's l°ng term efforts to ensure the area is properly developed as properties become suitable for reuse, either by allowing the initiation of uses incompatible' with those recommended by the Specific Plan study or by directly preventing the use of properties as recommended in the study; and WHEREAS, based on the foregoing, the City CoUncil finds that hlloWing development to continue to occur in a disorganized fashion 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 discretionary permit, except for building permits and discretionary permits submitted prior to September 3, 2002, which would allow the modification of the properties within the Scarlett Court area, therefore would result in that threat to public health, safety and welfare. NOW THEREFORE, THE CITY COUNCIL ORDAINS AS FOLLOWS, ADOPTED AS AN INTERIM ORDINANCE UNDER THE PROVISIONS' OF GOVERNMENT CODE 'SECTION 65858: 1) The City shall not approve any applications or permits for ministerial actions, including a business license for a new use, which woUld result in the modification of the existing use or the resumption of the last use of property that has been vacant longer than one year prior to applying for the business license.' The City shall not approve any applications or permits for ministerial and discretionary actions including but not limited to site development review, subdivisions, use permits, rezonings, general plan amendments, variances, building permits which modify the appearance or potential use of a building, or any other applicable entitlement in the Scarlett Court area (shown on Exhibit A hereto), so long as this ordinance is in effect, excepting from the ordinance the following: (1) any discretionary action (and its associated building permit required to implement the approved action) sUbmitted prior to September 3, 2002; (2) emergency repair work deemed necessary bY the Building Official for the safetY of the occupants; and (3) proposed new auto sales franchises, subject to the CitY Council'approving a conditional use permit. The CitY shall, nevertheless, accept and process applications for such entitlements. 2) 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 2 contemplated Specific Plan. 3) 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) 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. PASSED, APPROVED and ADOPTED this 3ra day of September 2002. AYES: NOES: ABSENT:' ABSTAIN: Mayor City Clerk Dublin B[ PROPOSED MO~TOmt~ AREA Exhibit A to Attachment $carlett Court Area Map Zoning [SSESSOR'S MAp_ ~4! ' R M. 1177(a~.87 Pa69) ~0 Map of the ~yofthe '-': E~tate ~ ,., . Elizo~h A, Doughedy. :~ NOT'FOR . ~ ')RODU~ON OR SALE '~ .~ · ... . . I. 1301 i' ~.~.~. ~ · ~. . 277! 986/I ~.?. " ATTACHMENT* '