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HomeMy WebLinkAboutOrd 02-04 UrgOrdMoratHistArea ORDINANCE NO. 2'~ 04 AN ORDINANCE OF THE CITY COUN~CIL~ 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 areas generally surrounding the present intersection of Donlon Way and Dublin Boulevard, and diagrammed on Exhibit A ("the Primary Historic Core Area") and Exhibit B ('~the Peripheral Historic Area"), attached hereto, are the crossroads of two stagecoach routes and the location of the community of Dublin's founding; WHEREAS, the Primary Historic Core Area and the Peripheral Historic Area together comprise the identical area called the Historic Area in Ordinance Nos/11-03 and 16-03; WHEREAS, in 1993, the City of Dublin acknowledged the area's historical nature by acquiring several historical structures and properties in the Primary Historic Core 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 Primary Historic Core contains a handful of important historic architectural and natural resources, mostly dating from the mid-nineteenth century and the early twentieth century; WHEREAS, the Peripheral Historic Area surrounds and acts as a gateway into the Primary Historic Core Area; 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 19th century, formerly stood near the southwest comer of the present intersection of San Ramon Road and Dublin Boulevard; VVI-IEREAS, Alamilla Springs and the site of the Jose Mafia Amador home (constructed in 1834) are located northwest of the intersection of San Ramon Road and Dublin Boulevard; WHEREAS, a large and distinctive heritage Live Oak tree, likely associated with early settlement of the Peripheral Historic Area, is located near the northeast comer of San Ramon Road and Dublin Boulevard; G:\CC=MTGS~2004-q trl ~Jan\01-20-04\ord=moratorium.doc ~ 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 proposedprojects' 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 shopping center, because of the City's pending planning to protect and potentially unearth the historic nature of the Primary Historic Core Area and the Peripheral Historic Area; WI-IEREAS, 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, on January 14, 2004, Page and Tumbull completed the historical inventory and design guidelines for the area which recommended the protection of the Dublin Heritage Historical District Area and differentiating this area into two areas; the Primary Historic Core Area. which has intact historic resources and the.Peripheral Historic Area which surrounds and acts as a gateway into the Primary Historic Core Area; WHEREAS, Page and Tumbull recommended that the Primary Historic Core Area and the Peripheral Historic Area be preserved and enhanced through the use of special historic districts; WHEREAS, Page and Tumbull recommended that the City develop policies which would encourage uses that are compatible both with historical land usage in Dublin Village as well as what would thrive in a modem special use district; WHEREAS, Page and Tumbull recommended that the City develop separate design guidelines for each area to provide a sensative transition from the Peripheral Historic Area into the Primary Historic Core and would be tailored toward encouraging compatible infill construction on parcels now occupied by low-density commercial uses such as those uses within and adjacent to the Primary. Historic Core Area; WHEREAS, the Peripheral Historic Area serves as a gateway into the Primary Historic Core Area, which contains several historic structures, three of which are on record as California State Points of Historical Interest; WHEREAS, a preliminary study prepared by the City's areheological 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. 2 WHEREAS, in reviewing its Goals and Objectives at the September 16, 2003 meeting, the City Council expressed_its s_u'. ong desire.to immediately move forward with a comp~rehensive 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 ail structures and future development in the two Areas which would serve to promote a theme related to the history of the Areas; and (c) the placement of signage and monuments at the location of historic sites. WHEREAS, the City has received a recommended boundary for the Specific Plan-area from Page and Tumbull which includes the boundaries shown on Exhibit A and B, and, are based on the information contained within the Report which is attached the Agenda Statement dated, January 20, 2004; 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 proposed specific plan area is being considered for the potential to provide an attractive, historic themed entryway into the historic district, in addition to the possibility that historic or prehistoric resoUrces or sites may be associated with those properties; WHEREAS, untimely changes of uses within the two Areas 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, the City COuncil has determined that the initiation of certain uses, listed below ("the Prohibited Uses"), may be in conflict with the contemplated 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 community's founding; WHEREAS, based on the foregoing, the City Council finds that allowing development' of the Prohibited Uses 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 o£the Primary Historic Core Area and its historical resources and could conflict ,Mth the land uses ultimately proposed in the contemplated Historic Area Specific Plan; 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 two Areas therefore would result in that threat to public health, safety and welfare; WHEREAS, on October 7, 2003, the City Council adopted a forty-five (45) day urgency interim ordinance (Ordinance No. 11-03) that imposed a moratorium declaring that 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 specific uses on any parcel located in the Historic Area; 3 WHEREAS, on November 4, 2003, the CiTM Council issued a status report on the measures taken to alleviate the condition~within the Historic Area; _ ~ WHEREAS, on November 18, 2003, the City Council extended the urgency interim ordinance (Ordinance 16-03) for a period to expire on January 21, 2004, unless extended that imposed a moratorium declaring that 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 specific uses on any parcel located in the previously defined Historic Area; WHEREAS, on January 20, 2004, the.City Council issued a status report on the measures taken to alleviate the condition within the two Areas; WHEREAS, additional work for the Specific Plan will be necessary, including (1) completion of design guidelines; (2) evaluation of a historical district designation potential; (3) assessment of appropriate land uses in the Specific Plan area; (4) preparation of appropriate development regulations (setbacks, views, access, open space~ and architectural considerations); (5) evaluation of future infrastructure needs and existing economic constraints; and (6) preparation of the Specific P1an, public hearings, and presentation of the completed Plan to the Planning Commission and City CounCil;' WHEREAS, the City staff needs additional time to complete the tasks necessary to conclude the Historic Area Specific Plan that will ultimately result in the preparation and determination of appropriate uses for the Area; WHEREAS, the two boundaries shown on Exhibit A, the Primary Historic Core and Exhibit B, the-Peripheral Historic Area are identical to the geographic boundaries as the previously defined Historic Area as adopted by the interim ordinance adopted on the October 7, 2003 and extended on November 18, 2003; and WHEREAS, the adoption of this interim, ordinance would'result in the reduction of both (a) the geographic scope of the interim ordinance adopted on the October 7, 2003, and extended on November 18, 2003 in that the moratorium would be applicable in a reduced area and (b) the extent of the restrictions in that the prohibited uses imposed by the moratorium would be deleted within the Peripheral Historic NOW THEREFORE, THE CITY COUNCIL ORDAINS AS FOLLOWS, ADOPTED AS AN INTERIM ORDINANCE UNDER THE PROVISIONS OF GOVERNMENT CODE SECTION 65858: 1 ) Moratorium Extended. From and after the date of Ordinance No. 11-03, Ordinance No. 16-03 and 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 of the following uses on any parcel located in the Primary Historic Core Area (shown on Exhibit A hereto): 1. Adult Business Establishment 2. Animal Sales and Service 3. Automobile/Vehicle Brokerage 4. Community Care Facility / Large 5. Dance Floor 4 6. Drive-in/DriveZthrough Business 7. Eating and Drinking Establishment ~. 8. Fortunetelling 9. Health Services/Clinics I 0. Massage Establishment 11. Plant Numery 12. Recreational Facility / Indoor 13. Recreational Facility / Outdoor 14. Retail - Outdoor Storage 15. Service Station 16. Shopping Center From and after the date of Ordinance No. 11-03, Ordinance No. 16-03 and this ordinance, no building permit shall be approved or issued and no land use permit shall be approved that would result in any external mOdifications or construction of new structures within the area defined as the Peripheral Historic Area (Exhibit B). Notwithstanding the foregoing, a change of copy for exiSting signs where no modification to the structure of the sign is required is not subject to this ordinance. 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. Notwithstanding the foregoing, the provisions of this ordinance shall not apply to building permits for the following types of repair work that the Building Official determines is necessary for the safety of the occupants of a presently occupied structure: 1. Repair work to existing sewer or water component(s) that does not result in expansion of capacity of the structure's sewer and water system. 2. Repair or replacement of existing HVAC equipment that does not result in expansion of capacity of the structure's HVAC system. 3. Repair work to electrical systems that does not result in expansion of capacity of the structure's electrical system. 4. Repair to existing structural components of the structure, such as load-bearing walls and the structure's roof, that is made necessary by the fa/lure or imminent fa/lure of the structural components of the structure. 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 Primary Historic Core Area and the Peripheral Historic Area could further deteriorate the historic resources within the Primary Historic Core Area and frustrate the City's goal of protecting, preserving, and unearthing historical resources 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 beenacted without due deliberation, and it will take an undetermined length of time to complete the appropriate studies and 5 drafting necessary to prepare the Specific Plan: It would be destructive of the goals of the proPosed Specific Plan if, during-the period the_.Spegific Plan is being studied and is the subject o_.f 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 ofthe 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. 4) Effective Date. 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 12 mOnths from the adoption of Ordinance. PASSED, APPROVED and ADOPTED this 20th day of January 2004. AYES: Councilmembers McCormick, Oravetz, Sbranti and Mayor Pro Tempore Zika NOES: None ABSENT: Mayor Lockhart ABSTAIN: None K2/G/1-20-04/ord-mo~ofi~.doc (Itm 6.3)