HomeMy WebLinkAbout6.3 Repeal Interim Zn
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CITY CLERK
File # Drn[L]~-~~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 5, 1999
SUBJECT:
PUBLIC HEARING: Repeal of Interim Zoning Ordinance adopted
for property located at 7197 Village Parkway (P A 98-049)
(Report Prepared by: Carol Cirelli, Senior Planner)Cf<,.&
EXHIBITS:
Ordinance Repealing the Interim Zoning Ordinance (Ord.
No. 12-98)
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RECOMMENDATION:
Open public hearing and hear staff presentation
Take testimony from the public
Question staff and the public
Close public hearing and deliberate
Waive reading and adopt urgency Ordinance repealing
Interim Zoning Ordinance No. 12-98 for the property
located at 7197 Village Parkway (P A 98-049
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DESCRIPTION:
Interim Zoning Ordinance
In July of 1998, the City Council adopted an interim zoning ordinance for property located at 7197 Village
Parkway, which became effective immediately for a 45-day period. The ordinance established a
moratorium on development applications that are not consistent with Community-Serving Retail, Office
Service, and Eating, Drinking and Entertainment-type uses, pending the completion of a general plan
amendment and/or zone change study for the property. The ordinance includes a finding that approval of
projects 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, would result in a threat to public
health, safety and welfare due to the land use incompatibilities with the Community-Serving Retail, Office
and Service, and Eating, Drinking and Entertainment -type uses.
On August 4, 1998, the City Council received a status report on the measures taken to alleviate the
urgency condition at 7] 97 Village Parkway and the zone change study. The initial expiration date of the
interim ordinance was September 4, 1998. Because staff was still in the process of completing the zone
change study for the property, it was necessary to extend the ordinance in order to complete the zone
change study.
On September 1, 1998, the City Council adopted the Interim Ordinance extending the 45-day moratorium
on uses inconsistent with the proposed zone change, until July 21, 1999.
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COPIES TO:
Property Owner
P A File
Project Manager
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ITEM NO.
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Planned Development District Rezone
A zone change study was completed for the 7197 Village Parkway property and on December 15, 1998,
the City Council approved a Planned Development (PD) District rezone for the property, which will
become effective January 14, 1999. The City Council determined that rezoning the property from the C-2,
General Commercial Zoning District to a Planned Development (PD) Zoning District with development
regulations similar to the C-1, Retail Commercial Zoning District would best meet the needs of the City
for creating more retail opportunities within the downtown.
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The PD District rezone establishes permitted, conditional and prohibited uses. The PD District also
includes development standards and design standards that will provide a framework for processing a
future development project at the site. The PD District zoning is consistent with the uses the Council
adopted for the Interim Zoning Ordinance.
Since zoning has been adopted for the site, the moratorium can be lifted at the time the PD District
becomes effective. Repeal of the moratorium is urgent because it is no longer necessary to ensure zoning
compatibility. The repeal ofthe moratorium shall become effective on January 14, 1999 when the PD
District zoning becomes effective. After this effective date, the City can accept, process and approve
development applications for the property.
As an urgency, repeal of the moratorium must be passed by a four-fifths vote of the City Council.
CONCLUSION
Staff recommends that the City Council lift the moratorium and repeal the Interim Zoning Ordinance
(Ord. No. 12-98) for property located at 7197 Village Parkway. .
RECOMMENDA TION
1) Open public hearing and hear staff presentation; 2) take testimony from the public; 3) question staff and
the public; 4) close the public hearing and deliberate; 5) Repeal Interim Zoning Ordinance (Ord. No. 12-
98) for the Property Located at 7197 Village Parkway (PA 98-049)
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ORDINANCE NO. - 98
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AN URGENCY ORDINANCE OF THE CITY OF DUBLIN
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REPEALING INTERIM ORDINANCE NO. 12-98 WHICH ESTABLISHED A MORATORIUM ON
THE ACCEPTANCE, PROCESSING AND APROV AL OF APPLICATIONS AND PERMITS FOR
DEVELOPMENT ON THAT PROPERTY LOCATED AT 7197 VILLAGE PARKWAY (APN 941-
0210-013, PA 98-049) PENDING THE COMPLETION OF A GENERAL PLAN AMENDMENT
AND/OR ZONE CHANGE STUDY
THE- CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
WHEREAS, on December 15, 1998, the City Council approved a Planned Development (PD) District
Rezone for 7197 Village Parkway; and
WHEREAS, the PD District Rezone shall become effective on January 14, 1999; and
WHEREAS, repeal of Ordinance No. 12-98 (the "Interim Zoning Ordinance") will avoid land use
regulation which is unnecessary as a result of the adoption of the PD District Rezone; and
WHEREAS, avoidance of such unnecessary regulation is an urgency because it is necessary to
preserve the public peace, health and safety.
. NOW THEREFORE, the City Council ordains as follows:
Section 1. The Interim Zoning Ordinance, which established a moratorium until July 21, 1999 on the
acceptance, processing or approval of any applications or permits for subdivisions, use permits, variances,
building permits, or any other applicable entitlement on the property located at 7197 Village Parkway for any
uses other than Community-Serving Retail, Office and Service, and Eating, Drinking and Entertainment, is
hereby repealed.
Section 2. This Ordinance shall take effect and be in force when the Planned Development District
Rezone (Ordinance No. 21-98) for 7197 Village Parkway (PA 98-049) becomes effective on January 14,
1999. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public
places in the City of Dublin in accordance with Section 36933 of the Government Code of California.
PASSED, APPROVED AND ADOPTED this sth day of January, 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
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City Clerk
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