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HomeMy WebLinkAboutItem 6.3 UrgOrdHistoricalDist CITY CLERK File # 910-40 AGENDA STATEMENT CITY COUNCIL MEETING DATE: NOVEMBER '18, 2003 SUBJECT: Public Hearing pA 02-074 10-m0nth and 15-day Extension of the Interim Urgency Ordinance on the Approval of Permits for Development in the Dublin Heritage Historical District Area Pending the Completion of a Specific Plan for the area located along Dublin Boulevard, extending westerly of Donlon Way approximately 400 feet and easterlY of San Ramon Road approximately 950 feet, and extending approximately 625 feet north and 700 feet' south of such stretch of Dublin Boulevard. Report Prepared by Andy Byde, Senior Planner ATTACHMENTS: Draft Urgency Ordinance; Ordinance No. 12-3, 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 Agenda Statement from October 7, 2003 City Council Meeting Proposing Adoption of 45-Day Moratorium in the Proposed Specific Plan Area w/o attachments Diagram of Moratorium Area RECOMMENDATION: FINANCIAL STATEMENT: 2. 3. 4. 5. 6. 7. Open the public hearing; Receive the Staff presentation; Take testimony from the Public; Close the public hearing; Question Staff and the Public; Deliberate; and Waive reading and adopt the Urgency Ordinance (Attachment 1) extending the moratorium for 10 months and 15 days. The extension of the Interim Urgency Ordinance would enact a moratorium on the issuance or approval of 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 None at this time COPIES TO: In House Distribution ITEM NO. G:~PA#X2002\02-074 Historical Study\MoritoriumLRevised Staff Report on Extension of Moratorium ver3.DOC BACKGROUND: Introduction At the October 7 and October 21, 2003 City Council meetings, the Council enacted an interim urgency ordinance establishing a moratorium on approvals of permits for development in the Historic Area. (The adoption of the October 21, 2003 ordinance corrected an omission in the notice of the October 7, 2003 ordinance.) Pursuant to the terms of state law, the interim ordinance terminates 45 days after its enactment. Tonight's item would, pursuant to the requirements of state law, extend the moratorium on development approvals for period not to exceed 10 months and 15 days. Prior Council Discussion of the Historic Area 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 Way area. On June 1 st, 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 Donlon Way area, with a new, three-story, 89,000 square foot office building. At the City Council meeting of June 19, 2001, Staff proposed an urgency ordinance to establish a moratorium on development approvals in the Donlon Way area. After an extended discussion at the June 19, 2001 meeting, the Council voted 5-0 to table the consideration of the Urgency Ordinance until the next Council meeting to provide the Dublin Square applicant with an opportunity to determine whether it wished to move forward with its project. At the July 3, 2001 City Council hearing, the matter was taken off the table for consideration, and 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 study session on August 21, 2001, 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 in the spring of 2003, 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 to 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 Tumbull's scope of work for their report includes a recommended boundary for the Specific Plan area. Page and Tumbull is in the process of completing its assignment. William Self has completed a preliminary report. 2 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 unearthing the historical past in, and preserving and protecting the Historic Area. Adoption o£ the Interim Ordinance On October 7, 2003 and October 21, 2003, the City Council adopted an interim urgency ordinance for the parcels within an area designated by the Council as the Historic Area (see Attachment 3) which imposed a moratorium on the issuance or approval of 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. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Adult Business Establishment Animal Sales and SerVices Automobile/Vehicle Brokerage Community Care Facility / Large Dance Floor Drive-in/Drive-through Business Eating and Drinking Establishment Fortunetelling Health Services/Clinics Massage Establishment Plant Nursery Recreational Facility / Indoor Recreational Facility / Outdoor Retail - Outdoor Storage SerVice Station Shopping Center (The uses listed above are referred to below as "the Prohibited Uses.") The purpose of the urgency ordinance was to preserve the status quo in the Historic Area while the City completes pending studies and evaluates the need for potential future studies, which are necessary to catalog the existing historical resources in the Historic Area, and completes a Specific Plan. In particular, the interim ordinance noted that 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 future 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. The council concluded that the untimely changes in uses 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. Accordingly, the ordinance determined that the above listed 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. The Historic Area has a mix of zoning districts including Planned Development, C-l, H-1, and R-S-D-20. The predominant zoning is C-l, and the Prohibited Uses are allowed within the C-1 and Planned Development Zoning Districts. For the duration of the moratorium, the Prohibited Uses would be prohibited from receiving building permits or land use permits that would result in the construction or initiation of the Prohibited Uses 3 The Prohibited Uses were chosen from among all uses because of the potential that the initiation of such uses could frustrate the goals of the Specific Plan. Staff selected a list of uses that could possibly occur within the timeframe of a year and were economically viable based' on land value and physical site constraints. Staff, then narrowed this list, based on whether the use fell into one the two following categories: (1) a use type that may not be consistent with the historic nature of the area; and (2) use types that result in the construction of buildings that are not or may not be consistent with the historic nature of the area. Examples of a use type that would not be consistent with the historic nature of the area would be fortune telling, massage establishment, adult business establishments, dance floors, or a recreational facility. Examples of a use type that could result in the construction and/or renovation of buildings that are not consistent with the historic nature of the area are animal sales and services, community care facilities, drive in business, eating and drinking establishments, service centers, and shopping centers. The interim ordinance specifically acknowledged that the ultimate boundary for the Specific Plan had yet to be determined and that the moratorium boundary was an interim boundary based on information presently known to the City, and pending a recommendation from the City's architectural consultant. The interim ordinance also acknowledged that the area considered for inclusion in the Specific Plan had been expanded beyond the area considered previously by the Council to include the four comers of the intersection of San Ramon Road and Dublin Boulevard and areas west of Donlon Way along Dublin Boulevard. The ordinance noted that purpose of this expansion was to preserve/he status quo while the City considered both (a) the potential for the existence of historic resources on such properties in the expanded area, and (b) the potential for the intersection, given its status as a major entry way into the City, to serve as a historic-themed entry way into the historic district. The statute authorizing development moratoria (Government Code section 65858) requires that the City cOuncil find that "there is a current and immediate threat to the public health, safety, or welfare," and that further development approvals "would result in that threat to public health safety, or welfare." Consistent with this mandate, the interim ordinance concluded that the approval of development within the Historic Area, prior to the adoption of the Specific Plan, 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. The ordinance also noted that the Specific Plan could be frustrated, if, during the period when the Specific Plan is being studied, property owners could continue to develop their properties in a manner that might defeat the ultimate objectives of the proposed Specific Plan. The courts have consistently held that aesthetics and protection of community character--consistent with the goals of the proposed Specific Plan--are sufficient to support the findings required by Government Code section 65858. (See, e.g., Crown Motors v. City of Redding (1991) 232 Cal. App.3d 173, pp. 178-179; 216 Sutter BayAssoc. v. County of Sutter (1997) 58 Cal.App.4th 860, pp. 868-869.) The Status Report On November 4, 2003, consistent with the requirements of state law, the City Council issued a status report on the measures taken to alleviate the condition within the Historic Area that led to the adoption of the interim ordinance. The status report, which took the form of the Staff report submitted to the Council, described several measures that had been taken to alleviate the condition that resulted in the adoption of the Ordinance, which is the process of completing the Specific Plan. First, Staff had begun the process of expanding the architectural consultant's historic resources identification project. The report indicated that the results of this study will provide the information necessary to define, with more specificity, the nature of the Specific Plan. Second, the report indicated that the consultant would prepare descriptive design guidelines to regulate rehabilitation of existing structures (including appropriate use of materials and colors) and regulate new construction within the area. Finally, the report set forth a chronology of actions that must take place in order to complete the Specific Plan. 4 DESCRIPTION: Pursuant to State law, in order to extend a development moratorium ordinance beyond the initial 45-day period, the City Council must hold a noticed public hearing. The Ordinance was adopted on October 7, 2003, and will expire on November 21, 2003. Accordingly, Staff noticed tonight's public hearing pursuant to the terms of Government Code section 65868, by posting the notice in three places in the City. Staff took the additional steps of mailing notice to all property owners and tenants within the moratorium area and publishing notice in the Tri-Valley Herald. As was indicated in the Staff report at the last Council meeting, Staff and the City's architectural consultant are currently preparing the background information necessary for the preparation of Specific Plan document. Some of the background information, including the historic resources identification project, is expected to be completed by late this year or early next year. However, prior to the completion of a draft of the SPecific Plan document, additional work 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 (i.e. setbacks, views, access, open space, and architectural considerations); and (5) assessment of future infrastructure needs and existing economic constraints. When those studies are completed, Staff can complete a draft of the Specific Plan document, hold appropriate hearings, and present the document to the Planning Commission and City Council. Based on the conclusions within the historic resource identification/evaluation, Staff will recommend to the City Council the approach that will best accomplish the goals of the proposed Specific Plan. Additionally, Staff anticipates that the Specific Plan may require additional assistance for specific professional tasks. These above outlined tasks will require significant Staff time, well in excess of the current expiration of the existing urgency ordinance. Therefore, because of the numerous tasks required to complete the Specific Plan, Staff recommends that Ordinance be extended for the full 10 months and 15 days. Consistent with the interim nature of the moratorium boundary, Staff anticipates that, were the City Council to extend the moratorium for an additional 10 months and 15 days, the City's architectural consultant, Page and Turnbull, would propose a final specific-plan boundary priOr to the expiration of the moratorium, and Staff would retum to the Council with a request that it establish a definitive boundary based on this recommendation. At that time, sufficient studies will have been completed to provide the City Council with the information that it needs to make a final determination regarding the boundaries of the Specific Plan area. This information will likely include additional detail on the location of various historical resources and sites in the current moratorium area and information on the feasibility of creating a gateway to the Historic Area at the intersection of San Ramon Road and Dublin Boulevard. Once the definitive boundary is approved, Staff anticipates asking the City Council to amend the moratorium ordinance to lift the moratorium as to the portion of the area not included within the recommended boundary and to consider amending the list of Prohibited Uses in light of the approved of a final boundary for the specific-plan area. At the City Council's November 4 meeting, a representative of Hott Wings, Inc., which has submitted a building permit application for tenant improvements for the structure at the southeast comer of San Ramon Road and Dublin Boulevard, indicated that the building permit application her client submitted was not subject to the interim urgency ordinance. For the reasons set forth below, Staff believes that this statement was inaccurate. The interim urgency ordinance does and, if extended, would apply to any presently pending building permit applications that would result in the construction or initiation of the Prohibited Uses set forth in the Ordinance (as well as any subsequently submitted applications). The 5 language of the ordinance provides that "no building permit shall be approved or issued" that would result in the construction of any of the Prohibited Uses in the Historic Area. The case law has approved the prohibition on the issuance of building permits pending the adoption of land use plans. (See Hunter v. Adams (1960) 180 Cal.App.2d 511.) To the extent that the representative of Hott Wings means that the interim urgency ordinance is inapplicable to Hott Wings' pending application because it would not result in a change in use, this representation is also incorrect. The purpose of the interim ordinance is to maintain the status quo pending the completion of the Specific Plan. Were the adoption of the Specific Plan to result in change in the land use designation for the property on which Hott Wings seeks a building i permit to, for instance, preclude the current use of the property, the current use of the property would become a legal nonconforming use. In such case, a building permit, to the extent it authorized a change in the intensity or extent of the use, could not be issued because it would result in an expansion of a legally non-conforming use. (Dublin Mun. Code, § 8.140.050.) Thus, if the building permit were issued, the status quo would not be preserved, as it could result in the expansion of what would be a legal nonconforming use after the adoption of the Specific Plan. Similarly,' the application of the interim urgency ordinance to such building permits is necessary to ensure that such projects do not escape other development regulations that may be imposed by the Specific Plan. For instance, Staff can envision architectural regulations that require certain types of design for all interior and exterior improvements in the Historic Area. In addition, the Specific Plan might include requirements that development projects provide on-site displays that showcase the history of the site. Finally} since the Hott Wings' project is at the intersection of San Ramon Road and Dublin Boulevard, the Specific Plan may include policies designed to encourage the creation of an entryway to the Historic Area that might impose conditions on the 'issuance of the building permit. Obviously, if a building permit were approved prior to the adoption of the Specific Plan, the project would avoid these requirements. This is the very purpose for which the moratorium ordinance and statute are designed. (See Miller v. Board of£ublic Works (1925) 195 Cal. 477, p. 496.)' The extension of the interim urgency ordinance would take effect immediately if adopted by a four-fifths vote by the City Council. State law 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 that threat to public health, safety or welfare. The findings would be identical to those set forth in the interim ordinance adopted on October 7, 2003 and described above. Although the Ordinance would not permit the City to approve applications for development, state law requires the City to continue accepting and processing any applications for development approvals. Finally, Staff proposes this ordinance 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 failure or imminent failure of the structural components of the structure. 6 RECOMMENDATION: Staff recommends the City Council open the public hearing; receive the Staff presentation; take testimony from the Public; close the public hearing; question Staff and the Public; deliberate; waive reading and adopt the Urgency Ordinance (Attachment 1) extending the moratorium for 10 months and 15 days. 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 THEDUBL!N HE~TAGE 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 19th century, formerly stoOd near the southwest comer 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. WHEREAS, 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 Boulevar& 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 shopping center, because of the City's pending planning to protect and potentially unearth the historic nature of the Historic Area. G:kPA#L2002\02-074 Historical Study\Moritorium\Urgeney Ordinance_ Historic Area Specific Plan Extension. DOC Attachment 1 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 i~ts 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 future develOpment in the area, that would serve to promote a theme related to the history of the Historic Area; and (c) the placement of s!gnage 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 Turnbull, 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. WHEREAS, 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 coruers of that intersection in the proposed specific plan 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 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, 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 hist0ric-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 2 deterioration of the historical character of the Historic Area and its historical resources and could conflict with 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 Historic Area 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. WHEREAS, on November 4, 2003, the City Council issued a status report on the measures taken to alleviate the condition within the Historic Area. 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 Plan, 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. 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 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 Historic Area (shown on Exhibit A hereto): 2. 3. 4. 5. 6. 7. 8. 9. Adult Business Establishment Animal Sales and Service Automobile/Vehicle Brokerage Community Care Facility / Large Dance Floor Drive-in/Drive-through Business Eating and Drinking Establishment Fortunetelling Health Services/Clinics 3 10. 11. 12. 13. 14. 15. 16. 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 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 failure or imminent failure 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 Historic Area could further deteriorate the historic resources within the Historic Area and frustrate the City's goal of protecting, preserving, and unearthing historical r6sources in the Historic Area. Pending stt [dies and potential future studies are necessary to catalog the existing historical resources in the Historic Area its disposal to protect, preserve, and elucidate this hi~ the Recitals of this Ordinance, it is necessary to imm of a Specific Plan for the Historic Area as it may Commission. A Specific Plan cannot be enacted wi length of time, to complete the appropriate studies would be destructive of the goals of the proposed spi studied and is the subject of public heatings, partie: form it may be adopted should be permitted to open whOle or in part the ultimate objective of the Specii 2) Compliance with California Envir "project" within the meaning of Section 15378 of i~t for resulting in physical change in the environment environment pending the completion of the contem' exempt from CEQA under section 15308 of the St~ and to provide the City with information on the tools at ;tOry °fthe HiStoric Area. In view of the facts set forth in ediately study, hold hearings, and consider the adoption be recommended to the City Council by the Planning Ihout due deliberation, and it will take an undetermined md drafting necessary to prepare the Specific Plan. It '~6ifi~ PI~ if, during the periOd the SPecific Plan is being -~gb'eking to evade the operation of Specific Plan in the rte in a manner that might progress so far as to defeat in ic Plan. di?ec[ly or ultimately; it prevents changes in the >lated SPecific Plan. This ordinance is categorically ~e CEQA Guidelines because it is a regulatory action 4 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 unconstitution.al, 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 No. 11-03 unless extended by the City Council as provided for in Government Code section 65858. PASSED, APPROVED and ADOPTED this 18th day of November 2003. AYES: NOES: ABSENT: ABSTAIN: City Clerk Mayor oRUI ANCI NO. -O3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN EsT~LIS~G A MO~TO~ ON THE ~PROV~ OF co L !0S 0gc P..: W'tIEREAS, the area generally surrounding the present intersection of Donlon Way and Dublin Boulevard, and diagrammed on Exhibit.A. attached hereto' ("the Hislorie. Area"), is the crossroads of two stagecoach routes and the 10cati0n 9f th~ ~o....~ty °fDublin'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 Ceme~e. ry--and establishing the Dublin Heritage Center. WltEREAS, the Dublin Heritage Center and the Omen 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. WHEREAS, AlamiIla Springs and the site of the Jose Mafia Amador home (construct ~. ~. 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 Historic Area, is located near the northeast comer of San Ramon Road and Dublin Bouleyar& WltEREAS, in March of 200I, the City Council, as part of its annual Goals & Objectives program, made a high smffpdority 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 'DubtinSqUare' shopping center and the construction of an office buil~ng 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 Historic Area. . YVI-IEREAS, on june 3, 2003, the City retained the architectural firm. of Page and Tumbull to complete an historical invent°ry 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. WItEREAS, a preliminary study prepared by the City's areheological consultant, William Self Associates, Inc., details the historic and prehistoric settlement of the Historic.,.~Arca.~d n~t~.s..th~t..~,e ......... "archaeological high probability area" extends easterly across San Ramon Road ant! westerly beyond the Dublin Square Shopping Center. WHE~A$, in reviewing its Goals & 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 stmctures and future development in the area, that would serve to promote a theme mimed 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 boundpry for the Specific Plan-area from Page and Tumbull, 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. WHEREAS, the intersection of Dublin Boulevard an4.S~.an..,R~9.n,,~.R..9..a_.,d.....i...s,~ Jp_..n.g has been an important entry way into the City, and the inclusion of property on the comers ofthat 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 historic or prehistoric resources or sites may be associated with those properties, WHEREAS, untimely changes of uses within the Historic. Ar~a._.d..~g 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. WIIEREAS, 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 arc to encourage the development of an historic-themed, pedestrian-oriented commercial area, centered around thc historic structures and sites that mark the community's founding. WItEREAS, 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 mediate threat to the public health, safety and welfare because it will likely result in further deterioration of the historical ch~ter of the Historic ~, ~ ea.....~.~. 4. i~.~s~pri~, r~es. and.c°~d,.?~C..~ with 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 Historic Area theref0m.W.ould res~. ~.~at ~at~.o, public health, safety and welfare. NOW THEREFORE, TIlE CITY COUNCIL ORDAINS AS FOLLOWS, ADOPTED AS AN INTERIM ORDINANCE UNDER TIlE 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 o£the following uses on any parcel located in the Historic 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. .Danee Floor ' 6. ~ .Driveqn/Dfive-through Business 7. Eating and Drinking Establishment 8. Fortunetelling 9. Health Services/Clinics 10. Massage Establishment 11. Plant Nursery 12. Recreational Facility / Indoor 13. Recreational Facility / Outdoor 14. Retail - Omdoor Storage 15. Service Station 16. . 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 Zo~ning 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 imme~.a!.e'preservation of the public peace, health and welfare. The facts constituting the urgency are these: Development within ~_e, Historic Area could furtherdeteri0~..the~!~.fi.~ 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 3 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 m 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" wilhin the meaning of SectiOn 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical chtmge 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) Severabflity. Ifany provision of this Ordinance or the application thereoft, o any person or circumstance is held invalid, the remainder of the Ordinance, incDt, ding 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 a four-fffihs vote of the City Council and shall be in effect for forty-five (45) 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 21~ day of October 2003. AYES: Couneilmembers McCormick, Oravetz, Sbranti and Mayor Lockhart NOES: None ABSENT: Councilmember Zika ABSTAIN: None ATTEST: r"t ? _ r-~ Y K~/G/10-2 !-03/ord-momtorium.doc (Item 4.8) 4 CITY CLERK File # I1 / I- -I t ¢ I AGENDA STATEMENT CITY couNCIL MEETING DATE: OCTOBER 7, 2003 SUBJECT': ATTACHMENTS: Consideration of Urgency Ordinance for the Historic Area geneially located along Dublin Boulevard between Donlon Way and San Ramon Road. (Report Prepared'by: Andy Byde, Senior Planner) 1. Urgency Ordinance RECOMMENDATION: 1. Receive Staffpresentadon; 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 resuk 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 Way area. On June 1st, 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 Donlon 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 fmancial 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: PROJECT PLANNER study session the coUncil voted to undertake a Specific Plan for the Donlon Way Area. application for the new 3-story office building Was withdrawn. In late 2001, the The City Council at the 2003/2004 Goals and Objectives meeting, voted to ~arry 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'io 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 tO 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 ofdesign guidelines and William Self and Associates for the archaeological assessment o£the general area. Page and Tumbull's scope of work for their report includes a recommended boundary for the Specific Plan area. :Page and TumbuI1 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 ]~otentially un. earthing 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 Am.ador Valley was divided between two large ranchos: Amador's 16,517-acre. Rancho San Ramon and Jose Pacheco's 8,g85-h~re Rancho Santa Rita. The boundary between the ranchos ran east-~est~ 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 ihe area, purchased land from .4mador and Pacheeo and built homes for their families.-They were soon joined by James W. Dougherty, a wealthy American-bom 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 popuiar 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 Rarnon 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, large 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 several annexation attempts by .Pleasanton, Dublin finally incorporated as a city in 1982 with a population around 15,000. Ssu ,s: 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 gxea is being considered for the potential to provide an attractive, historic themed entry way into the historic district, in addition tO the possibility that historic 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. I0. 11. 12. 13. 14. 16~ Drive-in/Drive-through Business Eating and Drinking Establishment Fortunetelling Health' Services/Clinics Massage Establishment Plant Nursery Recreational Facility / Indoor Recreational Facility ? OUtdoor Retail - Outdoor Storage Service Station ShOPping Center · ?. i The interim ordinance would take effect immediate, ly if adopted by a four-fifths vote by the City Council. State taw limits the initial term of the ordinance to 45 days. State law also requires the ordinance to · include a finding that there is a cur?ent 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), fo!lowing 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 expirhtion 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 Pub'lie; 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.