HomeMy WebLinkAboutItem 8.1 DonlonWayHistorical CITY CLERK
File# 410-20
AG EN DA STATEMENT
CITY COUNCIL MEETING DATE: JUNE 19, 2001
SUBJECT: Consideration of Urgency Ordinance on Donlon Way Area
(Report Prepared by: Andy Byde, Associate Planner)
ATTACHMENTS:
1. Map of Dublin Historic Resources within the Donlon Way Area
2. Urgency Ordinance
RECOMMENDATION: Consider Staff report, and determine if the proposed project on the Dublin
Square Property may negatively impact the desired historical district
~ designation of the Donlon Way Area if so, adopt Urgency Ordinance;
altematively if the City Council determines that the proposed project will not
have a negative impact on the anticipated historical district designation, then
take no further action.
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 on the DonIon Way area. Several City owned
historical resources are located within this area and include: Old St. Raymond's Church, the Old Murray
School House, the Dublin Pioneer Cemetery. The Green Store, although it has been significantly altered
from its original form, can be described as a historical resource. In addition to the Green Store, the
Alamilla Springs are the two historic properties not located on City owned property (See Attachment 1 for
a map of historical resources in the area).
One June 1st, 2001, the Community Development Department received an application for a Site
Development Review proposing to redevelop the property know as the Dublin Square (Plumbery), with a
new, three-story, 89,000 square foot office building. The proposed building would attain a height of 44.5
feet above grade (with mechanical and parapets attaining a height of 54 feet) and would contain a below
grade parking floor. The existing bank building would remain, while the existing retail building would be
demolished, as a result of the proposed project.
The buildings that make up the Dublin Square is a strip commercial area which was constructed in the
1960's and can best be described as a modern architectural style, typical of the latter part of the 20th
century suburban type retail. The building contains no historic value. The site is almost completely paved
in asphalt with little respect given to the nearby historic structures, save a small monument on the comer
of Donlon and Dublin Boulevard.
COPIES TO: Applicant
Property Owners
PROJECT PLANNER
ITEM NO. ~
ISSUES
Staff is concemed, that without knowing the desire of the City Council in relation to the establishment of
a historical district designation on the Donlon Way area, that the proposed 89,000 square foot office
building may negatively impact the historical district designation. If the City Council determines that the
proposed project may, negatively impact the anticipated historical district designation, the Council should
adopt the attached interim ordinance (Attachment 2) which would impose a moratorium on any
entitlement that would allow the modification of properties within the Donlon Way Area (See Exhibit A
to Attachment 2).
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 approval of additional entitlements 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
extension 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 July 17, 2001.
RECOMMENDATION
Staff recommends the City Council: (1) consider the Staff Report; (2) determine if the proposed project on
the Dublin Square property will negatively impact the anticipated historical district designation on the
area; (3a) if the City Council determines that the proposed project will negatively impact the anticipated
historical district designation, then the Council should adopt Attachment 2 which will impose a
moratorium on any entitlement that would allow the modification of properties within the Donlon Way
Area (See Exhibit A to Attachment 2); (3b) if the City Council determines that the proposed project on
the Dublin Square property will have no negative impact on the anticipated historical district designation,
then take no further action.
Map of Dublin Historic Resources
within the DonIon Way Area
Alamilla Springs
Green Store
Dublin Square st. Raymond'
Dublin Blvd Church [~
. Old Murray
.... .": -.."'.'- Schoolhou,
Pioneer Cemetery ~
Historic
~ Resource
-, }'N DonIon Way
Attachment
ORDINANCE NO. xx-01
AN ORDINANCEOF 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 DONLON WAY AREA PENDING THE
COMPLETION OF A HISTORIC DISTRICT STUDY
WHEREAS, several properties within the Donlon Way area, shown on Exhibit A hereto, were
constructed prior to the 20th Century; and
WHEREAS, several properties within the DonIon Way area have historic qualities; and
WHEREAS, several properties within the Donlon Way area, shown on Exhibit A hereto, provide
a historic and architectural legacy of the past; and
WHEREAS, unsightly or inappropriate land use on these parcels or surrounding parcels can
diminish the historic qualities of the area; and
WHEREAS, at the March 19, 2001, City Council Meeting, members of the Council expressed
their desire tO place the Donlon Way area in a historical district; and
WHEREAS, an application for Site Development Review has been received on the Dublin Square
Property, requesting to redevelop the property at the comer of Donlon Way and Dublin Boulevard with an
89,330 square foot office building; and
WHEREAS, the application to redevelop the property at the comer of Donlon Way and Dublin
Boulevard has brought to the City Council' s attention the possibility that the properties within the Donlon
Way area may be developed or redeveloped without appropriate consideration of those historical
resources; and
WHEREAS, the City Council finds that allowing the redevelopment of the of the properties
within the Donlon Way area without respect for the historic resources in the area poses a current and
immediate threat to the public health, safety and welfare because it will likely cause loss of historic
resources and land use incompatibilities; and
WHEREAS, the City Council finds that the approval of additional subdivisions, use permits,
variances, building permits, or any other applicable entitlement that would allow the modification of the
properties within the Donlon Way area, therefore would result in that threat to public health, safety and
welfare.
NOW THEREFORE, THE CITY COUNCIL ORDAINS AS FOLLOWS:
ATTACHMENT 2
G:\PA#\2001\Historic Study\CC urgency ord for plumbery-v2revised.doc
1 ) The City shall not approve any applications or permits for site development review, subdivisions,
use permits, rezonings, general plan amendments, variances, building permits, or any other applicable
entitlement on the Donlon Way area (Exhibit A hereto) which would significantly alter the property so
long as this ordinance is in effect. The City shall, nevertheless, accept and process applications for such
entitlements.
2) This ordinance is categorically exempt from CEQA under section 15308 of the State CEQA
Guidelines because it is a regulatory action taken by the City, in accordance with Government Code
section 65858, to assure maintenance and protection of the environment pending completion of the
contemplated Historic District Study.
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 Govemment Code section 65858.
PASSED, APPROVED and ADOPTED this 19th day of June, 2001.
AYES:
NOES:
ABSENT:
Mayor
City Clerk
Map of DonIon Way Area Moratorium
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Store
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Dublin Blvd · .Church.
/ Old Murray
Schoolhou
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Pioneer Cemete~ ~ : ~;, Historic
Resources
~Donlon Way Moratorium Area
Exhibit A ~