HomeMy WebLinkAbout8.3 UrgenOrdHistoricalArea CITY CLERK
File # 910-40
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: OCTOBER 7, 2003
SUBJECT:
ATTACHMENTS:
Consideration of Urgency Ordinance for the Historic Area generally located
along Dublin Boulevard between Donlon Way and San Ramon Road.
(Report Prepared by: Andy Byde, Senior Planner)
I. Urgency Ordinance
RECOMMENDATION:
1. Receive Staff presentation;
2. Take testimony from the Public;
3. Question Staff and the Public;
4. Deliberate; and
5. Waive the reading and adopt the urgency ordinance, Attachment 1,
which enacts a moratorium on the issuance or approval 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.
BACKGROUND:
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 Wa3' area. On June lst, 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 Donton Way area, with a new,
three-story, 89,000 square foot office building. At the City Council meeting of June 19, 2001, the Council
voted 5-0 to table the consideration of an Urgency Ordinance to impose a moratorium within the Donlon
Way Area pending consideration of the Historic District Designation. The Ordinance was being considered
in light the application for the new office building. The propOsed office building application has since been
withdrawn from review.
At the July 3, 2001, City Council hearing, 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 participation 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
COPIES TO:
G:XPA#k2002\02-074 Historical Study\Moritorium\Mort Staff R!P5 do~c
PROJECT PLANNER
ITEM NO. ~
study session 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 the 2003/2004 Goals and Objectives meeting, 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 t° 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 Plan/Historical District. Specifically, the City selected Page
and Tumbull 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 Turnbull's scope of
work for their report includes a recommended boundary for the Specific Plan area. :Page and Turnbull is
in the process of completing its assignment. William Self has completed a preliminary report.
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 Potentially unearthing the historical past in the Historic Area.
Summary o£the Known Historical Setting
Dublin's historic era begins around 1830 when Jose Maria Amador, the former Mayordomo of Mission
San Jose arrived in the valley that would eventually bear his name. Throughout the Mexican period the
Amador Valley was divided between two large ranchos: Amador's 16,517-acre Rancho San Ramon and
Jose Pacheco's 8,885-acre Rancho Santa Rita. The boundary between the ranchos ran east-West, roughly
parallel to what is now Dublin Boulevard.
Following Statehood in I850, American and European immigrant settlers began to make their way to the
Amador Valley, beginning in 1852 when Irish immigrants Michael Murray and Jeremiah Fallon arrived in
the area, purchased: land from Amador and Pacheco and built homes for their families. They were soon
joined by James W. Dougherty, a wealthy American-born former sheriff from Tennessee, who purchased
10,000 acres of Rancho San Ramon in 1853, and subsequently moved into the old Amador Adobe.
Over the next two decades a compact village grew up around the crossroads formed by the intersection of
the Benicia-Mission San Jose Road (now San Ramon Road) and the Oakland-Stockton Road (now Dublin
Boulevard). As the junction of two of the most important stagecoach routes in the East Bay region, Dublin
Village (also called Amador's and Dougherty's Station at various times)became an important stopover
point for travelers. By 1878 when Thompson & West published The Illustrated Atlas of Alameda County,
Dublin had two inns (Amador Inn and Dougherty station), two stores (Amador Store and Green's Store),
St. Raymond's Church and the Old Murray School.
In 1930 Dublin Canyon Road (now Dublin Boulevard), was designated as part of Route 50 or the "Lincoln
Highway," the first federal Transcontinental Highway. Dublin's strategic location along this highway
continued to make it a popular place to stop over for a meal, a drink or a stay over night on the way to or
from the San Francisco Bay Region. By the mid-1920s, Dublin Canyon Road, especially its intersections
with Foothill Road (now Donlon Way) and San Ramon Road, was punctuated by businesses catering to
motorists, including four garages, two inns, several restaurants and lunch rooms and a handful of gas
stations. Interspersed among these were the ranches and homes of the residents of Dublin, many of whom
were descendents of the original pioneers.
Between the end of the Second World War and the early 1960s, historic Dublin Village was clearly in
danger of drying up and disappearing, mostly as a result of Highway 50 (later 1-580) being re-routed south
of town. Nevertheless, l'arge forces were at play and by the early 1960s the astounding population growth
that had hit the Bay Area after the War, finally caught up with DUblin, beginning with the construction of
Volk-Mclain COmpany's San Ramon Village on farmland just north of Dublin. Over the next four
decades, Dublin exploded in population as commuters working jobs on the west side of the East Bay Hills
relocated to Dublin in search of inexpensive homes and a less hectic way of life. After defeating seyeral
annexatiOn attempts by Pleasanton, Dublin finally incorporated as a city in 1982 with a population around
15,000.
ISSUES:
Following the discussion at the last City Council last meeting, Staff delineated the area (as shown on
Exhibit A to Attachment 1) generally along Dublin Boulevard between Donlon and San Ramon Road for
a potential boundaries of the specific plan area Alamilla Springs, the Green Store, Heritage Center, Bonde
House, Brown Shingle house and Tank house, and the large Live Oak Heritage trees. The intersection of
San Ramon Road and Dublin Boulevard 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 histodc Or prehistoric resources or sites may be associated with those properties.
Development within the HistOric Area (See Exhibit A to Attachment 1) could further deteriorate the
historic resources within the Historic Area and frustrate the City's goal of protecting, preserving, and
unearthing historical resources in the Historic Area. 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 histo .ry of the Historic Area.
Staff is concerned that, during the period the Specific Plan Study, it would be destructive to the goals of
the proposed Specific Plan if parties seek to evade the intent of contemplated Specific Plan. Moreover,
development that occurs within the area, prior to the completion of the Specific Plan, may negatively
impact the anticipated historical district designation within the area.
If the City Council determines that development may, negatively impact the anticipated historical district
designation, the Council should adopt the attached interim ordinance (Attachment 1) which would impose
a moratorium on 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 Historic Area:
2.
3.
4.
5.
Adult Business Establishment
Animal Sales and Services
Automobile/Vehicle Brokerage
Community Care Facility / Large
Dance Floor
7.
8.
9.
14.
15.
Drive-in/Drive-through Business
Eating and Drinking Establishment
Formnetelling
Health Services/Clinics
Massage Establishment
Plant Nursery
Recreational Facility / Indoor
Recreational Facility / Outdoor
Retail - Outdoor Storage
Service Station
ShOpping Center
The 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 issuance or 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 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 as a consent item on November 4, 2003.
RECOMMENDATION:
Staff recommends the City Council receive Staff presentation; take testimony from the Public; question
Staff and the Public; deliberate; and waive the reading and adopt the urgency ordinance (Attachment 1),
which enacts a moratorium on the issuance or approval 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.
ORDINANCE NO.xx-03
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 t 9th century, formerly stood near the southwest corner 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.
WltEREAS, a massive and distinctive heritage Valley Oak tree, likely associated with early
settlement of the 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 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
within the Dublin Square property, because of the City's pending planning to protect and potentially
unearth the historic nature of the Historic Area.
G:~PA#L2002\02-074 Historical Study~MoritoriumB3lort reso. DOC
Attachment
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, 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 filtUre 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 not yet received a recommended boundary for the Specific Plan-area
from Page and Tumbutl, 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 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 pos.sibility 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, based on the foregoing, the City Council finds that allowing development 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.
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.
NOW THEREFORE, THE CITY COUNCIL ORDAINS AS FOLLOWS, ADOPTED AS AN
INTERIM ORDINANCE UNDER THE 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 use on any parcel located in the Historic Area (shown on Exhibit A hereto). So long as
this ordinance is in effect the City shall, nevertheless, accept and process applications for such
entitlements. 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.
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 Historic Area could further deteriorate the historic
resources within the Historic Area and frustrate the City's goal of protecting, preserving, and unearthing
historical resources in the Historic Area. 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.
3
4) Effective Date. This ordinance shall become effective immediately upon adopti°n 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 7th day of October 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
Mayor
4
ORDINANCE NO. xx-03
AN URGENCY ORDINANCE MAKING FINDINGS AND ESTABLISHING A MORATORIUM
ON THE APPROVAL OF pE~S FOR DEVELOPMENT IN THE DUBLIN HERITAGE
mSTORICAL DISTRICT AREA PENDING THE COMPLETION OF A SPECIFIC PLAN
WHEREAS, the area generally surrounding the present intersecting of D~nlon 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 ~an.d 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 Sto~_~n~._~ty'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_c0m~ 0fthe present intersection of San Ramon
Road and Dublin Bouley~d.
WHEREAS, Alamilla Springs and the site of the Jose Maria Amador home (constructed in 1834)
are located northwest of the intersection of San ~0n Road and Dubl~.Bou!eyard~~
VfHEREAS, 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 namregf.~9~ ?~r instance, the City Council considered adopting a moratorium when the
demolition of the existing Dublin sq~e"~h~plng~nler aiad the construction of an office building in its
place was proposed, again to ensure ~t dgyelopment 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 withdra~wn.
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:
WHEREAS, on June 3, 2003, the City retained the architectural firm of Page and TumbuI1 to
complete an historical inventory of and design guidelines for the H~stonc Area ('the Report ). While not
G:\CC-MTGS~2003-qtr4\Oet~I O-07-O3\ord-hi~toricaLdoc
-- W-FIEREAS, 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 [o public
health, safety and welfare.
NOW THEREFORE, THE CITY COUNCIL ORDAINS AS FOLLOWS, ADOPTED AS AN
65858:
1) Moratorium Imposed. From and after the date of this o~ce, 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.
yet complete, the scope of work for the Report includes a recommended boundary for the proposed
specific plan area. -.
WHEREAS, a preliminary study prepared by the City's archeological consultant, William Self
Associates, Inc., details the historic and prehistoric settlemem ofthe~.Hi~0ric Area an~d notes~tha~ ~e ~
"archaeological high probability area" extends easterly across San Ram0n Road ~d~s~e. rly 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 th~ 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 ~sites, (b) architectttral
guidelines, which would apply to all structures and future development in the area, that would serve to
promote a theme related to the ~story of the Historic Area; and (c) the placement of signage and
monuments at the location of historic sites.
WHEREAS, the City has not yet received a recommended boundary for the Specific Plan-area
from Page and Tumbutl, 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 ~ity of Dublin.
WHEREAS, the intersection of Dublin Boulevard and San Ramon Road isand long has been an
important entry way into the City, and the inclusion ...............................................of property on the comers of that ~ie~tion in the
Historic Area is being considered for the potential to provide an attractive, historic themedentry way into
the historic district, in addition to the possibility that historic or prehistoric resources or sites my be
associated with those properties.
WHEREAS, untimely changes of uses within the. Historic ~a.~O~Ufi'ng 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 ~ th~.~study.
WHEREAS, the City Council has determinedthat the initiatipn' of ~ertain uses, listed below (,the
Prohibited Uses"), may be 'in conflict with the. e~memplated 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 comm~ty~s founding.
WHEREAS, based on the foregoing, the City Council finds that alloWing development of the
Prohibited U~e~m~.~9~gt~g~.P~qgur, pending the adoption of the specific plan, poses a current and
immediate threat to the public health, safety and welfare because it wilt likely result in further
2
~- WHEREAS, the City Council finds that the approval of additional subdivisions, us~ 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.
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 o£ any of the following uses on any parcel located in the Historic Area (shown on Exhibit A
hereto):
2.
3.
4.
5.
6.
7.
8.
9.
I0.
11.
12.
13.
14.
15.
Adult Business Establishment
Automobile/Vehicle Brokerage
Communi.'ty Care Facility / Large
Dance, Ho. Qr
Drive-in/Drive-through Business
-Eating and Drixaking Establishment
Fommetelting
Health Services/Clinics
Massage Establishment
Plant Nursery
Recreational Facility / Indoor
Recreational Facility / Outdoor
Retail - Outdoor Storage
Service station
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 Zoning Ordinance shall rem 'ain
in effect during the term of this ord~9.e~
This ordinance is an interim ordinance adopted as an urgency measure pursuant to Government Code
Section 65858 and is for the imm~g~e, preservation of the public peace, health and welfare. The facts
constituting the urgency arethese: Development within the Historic Area could further deteriorate the historic
resources within the Historic Area and frustrate .... the City's goal of protecting, preserving, and unearthing
historical resources in the HiStoric Area~"~i~n~il~itii--di~ andPotential furore 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 ofthe facts set f0rthin
the Recitals of this Ordinance, it is necessary to immediately study, hold heatings, and consider the adoption
of a Specific Plan for the Historic Area as it my be recommended to the City Council by the Planning
Commission. A Specific Plan cannot be eng~.~.~..~.~.~p~t,~d~i~,. ~.~t~n, andit Will take an undete ~rmin~
length of time to complete the appropriate studies and drafting necessary to prepare the'SPecific Plan. It
would be destructive ofthe goals of the proposed Specific P1an 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 t~defeat in
whole or in part 'the ultimate objective of the Specific Plan.
2) Comphance with Califorma Environmental Quality Act. This ordinance is not a
"project" within the me~g of Section 15378 of the State CEQA Guidelines, because it has no potential
for're-g~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 CEQ~ under section.15308 of the State CEQA Guidelines because it is,a regulatory action
taken bythe City; in accordance with Government Code section 65858, to assure maintenance and
prOtection of the envir0nm, ent 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 circumstanc_es,~!~.~_0..~.~.~.c..t,~e..~bY and shall c0nt~:
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, lmragmphs, sentences,
clause'; o~phrases be held unconstitutional, invalid, or unenforceable.
:4) Effective Date. This ordi~¢e ~h~,].b~0~.e,,~~)~._,~ upon adoption if
adopted by at least four-fifths VO~._~f~ity Council and shall be ~._effe, ct.
date of adoption unless emended by the City Council as provided for in Government_. Code ~eetion 6.5858..
PASSED, APPROVED and. ~OPTE~.?~ day of october 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
.... ; . . ......... Mayor
ATTEST: