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Home My WebLink About7.1 IntermZnOrdVillagePkwy '. CITY CLERK File # [~J71[Q]-~ . AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 21, 1998 SUBJECT: Interim Zoning Ordinance for the Property Located at 7197 Village Parkway CAec- (Report Prepared by: Carol R. Cirelli, Senior Planner) EXHIBITS ATTACHED: Exhibit 1: Exhibit 2: Interim Ordinance C-2, General Commercial District - Permitted Uses of Land RECOMMENDATJON<vver ~ 1) Waive reading and adopt Interim Ordinance imposing a moratorium on uses inconsistent with the proposed general plan amendment and/or zone change; 2) direct staff regarding the recommended land uses for the site; and 3) direct staffto prepare a general plan amendment and/or zone change for the property. . FINANCIAL STATEMENT: Staff time to conduct the land use study and process a general plan amendment and/or a zone change. BACKGROUND: At the July 7, 1998 City Council meeting, the City Council directed staff to initiate the preparation of a general plan amendment study and return with suggested land uses for the vacated automobile service station property located 7197 Village Parkway and an interim zoning ordinance imposing a moratorium on uses inconsistent with the proposed general plan amendment. The City Council also directed staff to return with appropriate land uses for this site. DESCRIPTION: As mentioned in the previous City Council agenda statement, the closure of the BP Service Station three months ago has resulted in a vacant site which has become unsightly with the accumulation of debris, the overgrowth of vegetation, and the abandonment of three vehicles, thus degrading the aesthetic quality of the area. Additionally, the closure of the station may affect the compliance with State requirements for replacement of underground tanks (the required tank replacement has not yet occurred). At the July 7, 1998 City Council meeting, members of the City Council expressed their desire to . encourage Village Parkway to develop into a vital downtown area with offices, restaurants, cafes, retail --.........- ~ ~ ~ - - - - - - - - - - - - ~............... - - - ~ - - - - ~ +------ COPIES TO: In-House Distribution ITEM NO.---Zi g: \downtown \agendas\interord services and other pedestrian-friendly uses. As a result, the City Council felt a need at this time to init~ate a general plan amendment study to evaluate future land us~s that would be most appropriate for the site. The first step in the general plan amendment process is to conduct a land use study for determining appropriate land uses for the site. Adopting the interim ordinance (Exhibit 1) would impose a moratorium on any new development proposals for the site which are inconsistent with the land uses recommended by . the study. The moratorium will also allow staff time to study the appropriate land uses for the site. Land Use Study The General Plan land use designation for the 1.06-acre former service. station site is currently Retail/Office. This land use designation allows shopping centers, stores, restaurants, business and professional offices, motels, service stations, and sale of auto parts. The zoning for the site is C-2, General Commercial District. Exhibit 2 outlines the uses that are permitted, prohibited and uses that require a use permit within the C-2 District. Service stations require a Conditional Use Permit and automobile/vehicle repair and service use is permitted in the C-2 District. If the City Council wishes to prohibit any automotive-related uses on the site, it can do so in a number of ways, the simplest of which would be to rezone the property and adopt a Planned Development (PD) Zoning District zoning designation for the site. This would not require a general plan amendment. With a PD zoning designation, the City has flexibility with allowing and prohibiting certain uses for the site. Through a PD zoning, the City can also apply some design standards for purposes of creating a certain image for the site or vision for the downtown area, especially since it is located at one of the major entry ways to the downtown. Other development regulations would mitigate any potential negative impacts associated with the site's close proximity to the adjacent residential area. PD zoning can also be flexible when addressing parking requirements. . The Downtown Task Force was informed of the City Council's desire to adopt an interim ordinance and conduct a land use study for this site and they expressed an interest in assisting the Planning staff while preparing the general plan land use designations and/or zoning standards. After conducting a preliminary land use investigation for the site, staff recommends allowing the following types of commercial land uses: Community-Serving Retail, such as general merchandise stores, clothing/shoe stores, gift/specialty stores, book stores, etc. Office and Service, such as legal offices, medical/dental office, travel agency, hairlbeauty salon, other administrative and professional offices, etc. Eating. Drinking and Entertainment, such as restaurants, cafes, ice cream shops, video rentals, delicatessens, etc. The following are uses that would require a Conditional Use Permit: residential dwelling units, animal hospital, nightclub, micro-brewery, etc. Automotive-related uses, such as automobile/vehicle brokerage, rental, sales, service and repair uses, and service stations would be prohibited. . The City Council may want to suggest other types of uses that could be permitted, or that would require a use permit, or additional uses that should be prohibited. 2 . . . Interim Ordinance The attached interim ordinance identifies the uses that are contemplated by the general plan amendment and land use study and allows only those uses which are consistent with it. The ordinance specifically prohibits automotive-related uses on the site. 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 use permits, building permits, or any other applicable entitlements which is required in order to comply with a zoning ordinance would result in a threat to public health, safety or welfare. The land uses that are contemplated by the general plan amendment and/or zone change would be uses that compliment some of the existing retail, commercial office and restaurant uses of Village Parkway and the surrounding downtown area. Community-serving retail, office and service, and eating, drinking and entertainment-related uses recommended for the site would foster a pedestrian-friendly environment along Village Parkway. If automotive-related uses are allowed on the site, these recommended uses may be discouraged due to the incompatibility of land uses. A safe and healthy pedestrian-oriented environment cannot be achieved if these types of uses are adjacent to automobile repair and service-related uses, which typically produce certain nuisances, such as noise, air pollution, odors and increased on-site vehicular traffic; therefore, approving permits that would allow an automotive-related use on the property would pose a current and immediate threat to public health, safety and welfare because it would be incompatible with the land uses recommended as a result ofthe land use study. After the interim ordinance is adopted, staff will prepare a general plan amendment and/or zone change and, following review by the Planning Commission, will bring the amendment and/or ordinance to the City Council for its consideration at a public hearing. Since the Council will not be meeting on August 18, 1998, staff will not be bringing the amendment and/or zone change before the Council within the initial 45-day interim ordinance. Therefore, staff will be asking the City Council to extend the ordinance at a public hearing scheduled for September 1, 1998. Following a noticed public hearing, State law allows the City Council to extend the ordinance by 10 months and 15 days, and again by one year. Any extension shall also 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. This written report shall be brought before the Council as a consent item on August 4, 1998. RECOMMENDATION Staff recommends that the City Council: 1) adopt the interim ordinance, Exhibit 1, which imposes a moratorium on any new development proposal for the 7197 Village Parkway site which is inconsistent with community-serving retail, office-service, and eating, drinking and entertainment-related uses; 2) direct staff regarding the recommended land uses for the site; and 3) direct staff to prepare a general plan amendment and/or zone change for the site that considers the recommended land uses for the site. 3 e7/15/98 16:11 To:Carol Cirelli From:Elizabeth H. Silver (510)351-4481 Page 214 . . . ORDINANCE NO. - 98 AN URGENCY ORDINANCE ESTABLISHING A MORATORIUM ON THE ACCEPTANCE, PROCESSING AND APPROVAL OF APPLICATIONS AND PERMITS FOR DEVELOPMENT ON THAT PROPERTY LOCATED AT 7197 VILlAGE PARKWAY (APN 941.0210.013) PENDING THE COMPLETION OF A GENERAL PLAN AMENDMENT AND/OR ZONE CHANGE STUDY THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOvVS: WHEREAS, Village Parbvay is a main, centrally located street in downtown Dublin; and WHEREAS, the use or non-use of each parcel on Village Parkway affects the value and potential development of other property in the area; and WHEREAS, unsightly or inappropriate land use on one parcel can discourage or prevent desired land uses in the area; and WHEREAS, a British Petroleum (BP) Service Station was operated at 7197 Village Parkway ("The Property") until approximately April, 1998; and WrlEREAS, for the last three months. The l-Toperty has been vacant... ~l1ring this time, it has become unsightly, wifu high weeds, large amounts of debris, abandoned vehicles, nnattractive cyclone fencing, and other features which degrade the aesthetic envirorunent in the area; and WHEREAS, at the July 7, 1998 City Council Meeting, members of the Council n.pressed their desire to encourage Village Parkway to develop into a vital downtoVll11 area with offices, restaurants, cafes, retail services, and other pedestrian-friendly land uses; and WHEREAS, at the July 7,1998 City Council Meeting, tb Council instructed staff to initiate a General Plan Amendment Study to evaluate ap; . ropriate uses for The Property, consistent with that desire; and WHEREAS, the Council will consider a General Plan Amendment and/or a zone change; and vVHEREAS, in response to the City Council's direction, Staff conducted a 1 EXIllBIT 1 07/15/98 16:11 To:Caro1 Cirelli From:E1izabeth H. Silver (510)351-4481 Page 3(4 preliminary land use investigation for the site and recommended the following commercial uses: . Community~Serving Retail: general merchandise stores, clothing! shoe stores, gift/specialty stores, book stores, and similar stores; Office and Service: legal offices, medical/dental offices, travel agency, hair/beauty salon, other administrative and professional offices, and similar offices and service uses; Eating. Drinking and Entertainment: restaurants, cafes, ice cream shops, video rental, delicatessens, and similar uses. WHEREAS, Community-Serving Retail, Office and Service, Eating, Drinking and Entertainment uses, as those terms are used in this ordinance, do not include automotive-related uses, such as service stations, automobile/vehicle brokerage, rental, sales, service and repair; and WHEREAS, the Agenda Statement for this ordinance provides evidence that the development of Community-Serving Retail, Office and Service, and Eating, Drinking . and Entertainment uses on Village Parkway may be discouraged by the use of The Property for automotive-related uses, such as service stations, automobilefvehicle brokerage, rental, sales, service and repair; and WHEREAS, the City Council finds that allowing the future use of The Property for automotive related uses, such as service stations, automobilefvehicle brokerage, rental, sales, service and repair therefore poses a current and immediate threat to the public health, safety and welfare because it will likely cause land use incompatibilities; and WHEREAS, the City Council fmds that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement that would allow the future use of The Property for automotive related uses, such as service stations, automobile/vehicle brokerage, rental, sales, service and repair, therefore would result in that threat to public health, safety and welfare. NOW THEREFORE, the City Council ordains as follows: 1) The City shall not accept, process or approve any applications or permits for subdivisions, use permits, variances, building permits, or any other applicable . entitlement on The Property for any uses other than Community-Serving Retail, Office 2 07/15/98 16:11. To:Carol Cirelli . . . From:Elizabeth H. Silver (510)351-4481 Page '4/4 Service, and Eating, Drinking and Entertainment so long as this ordinance is in effect. 2) This ordinance is categorically exempt from CEQA under section 15308 of the State CEQA Guidelines because it is a regulatory action taken by the City, in accordance with Government Code section 65858, to assure maintenance and protection of the environment pending completion of the contemplated General Plan Amendment. 3) This ordinance shall become effective inrmediately upon adoption if adopted by at least fOUTwfifths 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 by the City Council of the City of Dublin this 21th day of July, 1998, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Mayor ATTEST: City Clerk EHS:AUL:jb J:\WPD\MNRSW\114\OI\ORD\199B\C2MORT.712 3 ZONING DISTRICTS AND PERMITTED USES OF LAND Chapter 8. 12 COMMERCIAL USE TYPES COMMERCIAL USE TYPE A R-l R-2 R-M C-O C-N C-l C-2 M-P M-l M-2 Adult Business Establishment - - - - . - C/PC CIPC - - - Ambulance Service - C/PC - - - - - P - P - Animal Sales and Services C/ZA - - - - - CIPC CIPC - CIPC CIPC Arcade - - - - - - CIPC - - - - Arts and Crafts Fair TVP TUP TVP TVP TVP TVP TUP TUP TVP TUP - Auction Yard . - - - - - - - CIPC CIPC CIPC - AutomobileNehicle Brokerage - - - - P P P P - - - AutomobilelVehicle Rental - - - - - - - P - CIPC - AutomobileN ehicle Repairs - . - - - - - P - CIPC - and Service AutomobileNehicle Sales and - - - - - - - C/PC - CIPC - Service AutomobilelVehicle Storage Lot - - - - - - - C/PC - C/PC - Banks and Financial Services - - - - P P P P - - - Bed and Breakfast Inn C/PC C/PC C/PC C/PC - - C/PC C/PC C/PC C/PC C/PC Building Materials Sales - - - - - - P P - - - Car WashlDetailing - - - - - - - C/ZA - - - Carnival - - - - - - TVP TVP - - - Cemeteries, Columbariums C/PC - - - - - C/PC CIPC - C/PC - and Mortuaries Christmas Tree Sales Lot - - - - TVP TVP TVP TVP - - - Community Care Facility/Large - C/PC C/PC C/PC - - C/PC C/PC CIPC CIPC - Copying and Blueprinting - - - - P P P P - - - Dance Floor - - - - - - CIPC C/PC - CIPC - Day Care Center (15+ children) - CIPC C/PC C/PC C/PC CIPC C/PC C/PC CIPC CIPC C/PC Drive-in/Drive-through Business - - - - - C/PC C/PC CIPC - - - Eating and Drinking - .- - - C/ZA C/ZA P P - - - Establishment Farmer's Market - - - - TVP TUP TVP TVP - - - Festivid/Street Fair TVP TVP TVP TVP TVP TVP TVP TVP - - - Fireworks Sales - - - - - - TVP TUP - - - Fortunetelling - - - - - - CIPC CIPC - - - Health Services/Clinics - - - - C/ZA - P P - - - Hotel/Motel - - - - - - CIPC C/PC - - .- Housemover's Storage Lot - - - - - - - - - - CIPC Impound Yard - - - - - - - - - CIPC CIPC Laboratory - - - - P - - P P P P Massage Establishment - - - - . C/PC C/PC CIPC - - - Mini-Storage - - - - - - - P - - - Office - ConITactor's - - - - - - - P P P P Office - - - - - P P P P P - - ProfessionaV Adm inistrative Office Trailer - Commercial - - - - TVP TVP TVP TVP TVP TVP TVP Outdoor Mobile Vendor - - - - C/ZA C/ZA CIZA C/ZA C/ZA C/ZA C/ZA Outdoor Sale by Est. Dub. Bus. - - - - TVP TUP TVP TVP - - - Outdoor Seating - - - - C/PC CIPC CIPC C/PC - - - Parking Lot/Garage-Commercial - - - - C/PC C/PC P P C/PC P P .. . . City of Dublin Zoning Ordinance 12-4 September, 1997 EXIDBIT 2 . . . . ZONING DISTRICTS AND PERMITTED USES OF LAND Chapter 8.12 COMMERCIAL USE TYPE A R-l R-2 R-M C-O C-N C-l C-2 M-P M-l M-2 Personal Services - - - - - P P P - - - Plant Nursery c/PC C/PC - - - - C/PC C/PC . - - Pumpkin Sales Lot - - - - TUP TUP TUP TUP - - - Recreational Facility/Indoor - - w - - - C/ZA C/ZA C/ZA C/ZA C/ZA Recreational Facility/Outdoor C/PC - - - - - C/PC C/PC C/PC C/PC C/PC Repair Shop - - - - - P P P - - - Retail - General - - - . - - P P - - - Retail - Neighborhood - - - - - P P P - - - Retail - Outdoor Storage - - - - - - C/PC C/PC - - - Retail - Service - - - - - - - P - - - School - Commercial - - - - - - P P . - - Service Station - . - - - C/PC C/PC C/PC - C/PC C/PC Shopping Center - .- - - - - C/PC C/PC . - - Temporary Construction Trailer TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP Temporary Outdoor Sale Not - - - - C/ZA C/ZA C/ZA C/ZA C/ZA C/ZA C/ZA Related to On-Site Established Business (Sidewalk Sale) Vehicle Storage Yd-Commercial - - - - - - - - - C/ZA C/ZA INDUSTRIAL USE TYPES INDUSTRIAL USE TYPE A R-I R-2 R-M C-O C-N C-l C-2 M-P M-l M-2 Equipment and materials - . - - - - - C/PC - C/PC - Storage Yard Industrial - Heavy - - - - - - . - - - P Industrial - Light - . - - - - - - P P P Printing and Publishing - - . - - - - - - P P - Recycling Facility - Commercial - - - . - - C/PC C/PC C/PC C/PC C/PC Research and Development - - - - - - - - P P P Laboratory Salvage and Wrecking Yard - - - . - - - - - C/PC C/PC Storage Container - - - - - - . - TUP TUP TUP Storage of Petroleum Products - - - - - - - P P P P for On-Site Use Trucking Terminal - - . - - - - - - P P Warehousing and Distribution - - - - . - - P P P P KEY/DECISJONMAKER AUTHORITY Permitted P Not Permitted Zoning Clearance ZC Conditional Use Permit/Zoning Administrator CIZA Conditional Use Permit/Planning Commission CIPC Temporary Use Permit TUP City of Dublin Zoning Ordinance 12-5 September, 1997 .. ' , ~ ~fJaUul RECEIVED JlJL 2 1 1998 ClTY OF DUBLIN City Council Committee City of Dublin 1 00 Civic Plaza Dublin, Calif.945G8 July 21, 1998 Council Members: As a 7 year resident and homeowner and now parents to a Pre-K child we find ourselves more concerned with the direction the town of Dublin plans to go. Our goals are to raise our son here in the Tri-Valley. The Village Parkway lot has become quite an eye sore for us. It is no surprise to any of us that East Dublin could always use some enhancement. We cannot think of a better way to do so than to create an entrance by constructing a corner PARK. We feel Village Parkway is a start to bringing charm into our small town...if we can encourage strolling along the avenue what better place to stop than at a geen park with sitting benches that provides a place to play for our children. Regards, . -ntA~~ t)r4~ ~ Mr. & Mrs. .reft Brissey y C_. ~. '.,\ - \ r 4Y\ -~-).~ I - I ., ( C 2- \ , ; .:' : \ {. --- \~ (I