HomeMy WebLinkAbout95-043 RvsnRghtofWyStPt11-12-2003 AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: NOVEMBER 12, 2003
SUBJECT:
PUBLIC HEARING - PA 95-043 - Minor Revision to Approved
Right-of-Way Alignment for St. Patrick Way from Regional Street to
Golden Gate Drive
Report prepared by: Michael Stella, Senior Civil Engineer ~
ATTACHMENTS:
Location Map
Map of Proposed Right-of-Way Line for St. Patrick Way
Legal Description of Proposed Right-of-Way Line for St. Patrick
Way
Excerpt from the Original Mitigated Negative Declaration (Section
6.5)
Addendum to the Mitigated Negative Declaration (Section 6.5)
Resolution determining General Plan Conformity and adopting an
Addendum to the Mitigated Negative Declaration
Resolution Recommending that the City Council adopt a
Resolution of Intention to Establish a revised Right-of-Way Line
for St. Patrick Way
RECOMMENDATION:
2.
3.
4.
5.
o
Open public hearing and hear Staff presentation.
Take testimony from the public.
Question Staff and the public.
Close public hearing and deliberate.
Adopt Resolution (Attachment 6) to determine General Plan
Conformity and adopting an Addendum to the Mitigated Negative
Declaration; and
Adopt Resolution (Attachment 7) Recommending that the City
Council adopt a Resolution of Intention to Establish a revised
Right-of-Way Line for St. Patrick Way
BACKGROUND
The Circulation Plan for the Dublin Downtown Specific Plan adopted in 1987 recommended changes to
improve circulation in the downtown area. One such improvement was a new street parallel to and south of
Dublin Boulevard, connecting Amador Plaza Road to Regional Street. The 68-foot right-of-way plan line
included two 12-foot wide travel lanes, one 12-foot wide center two-way left-turn lane, an 8-foot wide parking
area on one side, and an 8-foot wide sidewalk on both sides. On October 10, 1988 the City Council via
Ordinance No. 19-88 established right-of-way lines for a new Parallel Road (now known as St. Patrick Way)
between Amador Plaza Road and Regional Street.
On February 24, 1996 the City Council authorized a Study to consider realigning the St. Patrick Way right-of-
way line between Regional Street and Golden Gate Drive at the request of Lincoln Properties, the owners of the
shopping center to the north of the proposed road, in order to provide an area for future construction of loading
G:~A#\1995~PA95043 Parallel Road\Oct 2003 realignment\PC Staff Report.doc
COPIES TO:
Property Owners
PA File
Project Manage~
ITEM NO. 0
docks behind the shopping center. The realignment of the established right-of-way line for St. Patrick Way
between Regional Street and Golden Gate Drive was approved by the Planning Commission on September 24,
1996 and was presented to City Council on December 4, 1996. The City Council did not take action on the
project because the property owners withdrew their request for realignment and noted their opposition to the
road, realigned or not. The existing alignment, approved in 1988, remained.
As part of southbound 1-580/I-680 interchange fly-over improvement project in 1998, the Department of
Transportation (CalTrans) constructed a new southbound 1-680 on-ramp and off-ramp at Amador Plaza Road/St.
Patrick Way, and also constructed the segment of St. Patrick Way from Amador Plaza Road to Golden Gate
Drive within the adopted right-of-way plan lines for St. Patrick Way. This segment of St. Patrick Way is
therefore complete, so no further action by the City is necessary.
The City Conncil adopted the West Dublin BART Specific Plan on December 19, 2000. The Specific Plan land
use and circulation plans call for the extension of St. Patrick Way in the same location of the proposed right-of-
way, as described in Attachments 2 and 3. The Specific Plan envisioned the extension of this road and the land
uses permitted in the Specific Plan rely on access to St. Patrick Way between Golden Gate and Regional.
The remaining segment of St. Patrick Way between Golden Gate Drive and Regional Street will provide access
to the proposed West Dublin BART/Orix and AMB/Legacy Partners (Cor-O-Van) developments that are
currently under review. To address the past concerns about the adopted right-of-way alignment, as articulated by
Lincoln Properties in 1996, the BART and AMB/Legacy developers assumed a right-of-way alignment that is
consistent with the 1996 proposal. Since the 1996 proposal differs from the alignment originally adopted in
1988, a modified alignment must now be established.
The City is proposing a minor revision to the previously-established right-of-way alignment for St. Patrick Way
from Regional Street to Golden Gate Drive. The establishment of right-of-way lines are regulated by Chapter
7.68 of the Municipal Code. Sections 7.68.40 and 7.68.50 require the right-of-way proposals to be referred to
the Planning Commission and the City Engineer for report and recommendation. (This staff report constitutes
the report of the City Engineer to the Planning Commission.) According to Government Code §65402, the
Planning Commission must report conformance with an adopted General Plan for any establishment of right-of-
way. The Municipal Code also requires that the Planning Commission make a recommendation to the City
Council regarding the establishment of a right-of-way line at a public hearing. In order for a right-of-way to be
established, the Planning Commission must adopt a Resolution recommending the City Council adoption of a
Resolution of Intention to establish a right-of-way line. The City Council must then adopt the Resolution of
Intention to establish the tight-of-way line and hold two protest heatings to give the public and impacted parties
a chance to dispute the location of the proposed road.
The procedure for adopting a new roadway alignment is governed by Chapter 7.68 of the Dublin Municipal
Code. Government Code {}65402 states, in part that, if a General Plan has been adopted, no real property shall
be acquired by dedication or otherwise for street purposes, until the location, purpose, and extent of such
acquisition have been submitted to and reported upon by the Planning Agency (Planning Commission) as to
conformity with adopted General Plan. Upon receiving a report and recommendation from the Planning
Commission, the City Council can then adopt a Resolution of Intention designating the establishment of the
right-of-way, thus notifying interested parties. A public hearing can then be conducted so the City Council can
hear testimony related to said establishment of right-of-way line. Finally, the City Council can adopt an
Ordinance establishing the right-of-way line described in the Resolution, if appropriate, and have the Ordinance
recorded with the County Recorder.
Page 2
ANALYSIS
Establishment of Right-of-Way:
St. Patrick Way is identified as a major east-west road to serve downtown Dublin. It will be a connection to 1-
680 on/off ramps, allowing development of surrounding land uses per the West Dublin BART Specific Plan.
The ultimate right-of-way width for St. Patrick Way will vary between 68 and 71 feet. The ultimate section will
consist of two 12-foot wide travel lanes, a 12-foot wide center two-way left-turn lane, and 8-foot wide parking
on the south side and sidewalks that vary between 6 feet and 11 feet on both sides of the street. The St. Patrick
Way improvements will assure safe and convenient access to abutting properties. The design will be based on a
25 mile per hour speed limit.
The proposed right-of-way alignment takes into consideration the existing Orchard Supply Hardware
outbuilding, existing utility alignments, and existing passenger car and truck access and parking to each affected
property. In a private, two-party agreement dated October 4, 1994, the then-owners of the two most
significantly affected parcels, Liberty House Properties (now Pan Pacific Retail Properties) and KI Dublin
Boulevard (now AMB Property) agreed on the location for the future road and recorded the private agreement
with the Alameda County Recorder's Office. The alignment has changed slightly since this time, and the
owners of the properties have also changed, but the private agreement acknowledges the property owner's
acceptance of the future road, if not its exact location. Since the proposed right-of-way differs from the original
1988 approved right-of-way line (and the 1994 agreement between the two parties), it will be necessary to
modify the established right-of-way as required by the Municipal Code.
The location of the proposed right-of-way (Attachment 2) is as generally shown on Dublin General Plan and the
West Dublin BART Specific Plan and more specifically in the attached legal description (Attachment 3). The
proposed St. Patrick Way right-of-way and aligmnent conforms with the Circulation and Scenic Highways
Element of the General Plan as well as the Circulation Map in the West Dublin BART Specific Plan.
Additionally, the developers in the West Dublin BART Specific Plan area have been using this modified right-
of-way design in their plans for the AMB/Legacy mixed-use site and the BART/Orix residential/hotel site.
General Plan Conformity:
The proposed project would establish a right-of-way along a route provided and established within the Dublin
General Plan, the 1987 Downtown Dublin Specific Plan, and the West Dublin BART Specific Plan. Policy G
from the Circulation and Scenic Highways Element of the General Plan is to "connect the existing north-south
streets near the proposed West Dublin BART station.., via the creation of Bray Way." Although the name of
the street has since changed, the proposed fight-of-way is located within lands described by General Plan. The
land along the right-of-way will be developed for roadway purposes in accordance with the requirements and
purposes of the Dublin General Plan. The proposed right-of-way is within the physical scope of the Dublin
General Plan, the Downtown Dublin Specific Plan, and West Dublin BART Specific Plan and therefore its
extent will be encompassed by, and consistent with, the Dublin General Plan, the Downtown Dublin Specific
Plan, and West Dublin BART Specific Plan. As such, it is found that the establishment of the right-of-way is
consistent with regard to location, purpose and extent with the Dublin General Plan, the Downtown Dublin
Specific Plan, and West Dublin BART Specific Plan.
Page 3
Environmental Review: Addendum to the Mitigated Negative Declaration
A Mitigated Negative Declaration was prepared pursuant to the California Environmental Quality Act (CEQA)
for the new Parallel Road (St. Patrick Way) and was adopted via City Council Resolution No. 182-88 on
September 26, 1988. CEQA Section 15164(b) states that "an addendum to an adopted negative declaration may
be prepared if only minor technical changes or additions are necessary". The only change proposed by this
realignment is a slight southerly shill of the roadway alignment between Golden Gate Drive and Regional
Street, while the segment between Amador Plaza Road and Golden Gate Drive will remain the same. The
proposed alignment does not change the analysis, conclusions, or mitigation measures of the Mitigated Negative
Declaration and will not have a significant impact on the environment. A copy of Section 6.5 of the original
Mitigated Negative Declaration is attached to this report, as well as the Addendum to the Mitigated Negative
Declaration, which addresses parking on the site (Attachments 4 and 5).
CONCLUSION
The proposed modified right-of-way line for St. Patrick Way is in conformance with the General Plan,
Downtown Dublin Specific Plan, and the West Dublin BART Specific Plan. The Addendum to the Mitigated
Negative Declaration adequately addresses the CEQA environmental review requirements for the project, and
the realignment is not substantially different than the original alignment approved in 1988.
RECOMMENDATION
Staff recommends that the Planning Commission (1) Open public hearing and hear Staff presentation, (2) Take
testimony from the public, (3) Question Staff and the public, (4) Close public hearing and deliberate, (5) Adopt
Resolution (Attachment 6) to determine General Plan conformity and to adopt an Addendum to the Mitigated
Negative Declaration, and (6) Adopt Resolution (Attachment 7) Recommending that the City Council adopt a
Resolution of Intention to Establish a Modified Right-of-Way Line for St. Patrick Way.
Page 4
GENERAL INFORMATION:
APPLICANT:
PROPERTY OWNERS:
LOCATION:
ASSESSORS PARCEL NOS..'
EXISTING ZONING:
GENERAL PLAN DESIGNATION:
ENVIRONMENTAL REVIEW:
City of Dublin
Robert and Joan Libby, 1430 Lawrence Road, Danville, CA 94506
(941-1500-25)
Pan Pacific Retail Properties, P.O. Box 131071, Carlsbad, CA
92013 (941-1500-45 and 44-2)
AMB Property, Pier 1, Bay 1, San Francisco, CA 94111 (941-
1500-47-2)
San Francisco Bay Area Rapid Transit District, P.O. Box 12688,
Oakland, CA 94604 (941-1500-046)
Various
941 - 1500-25, 941 - 1500-45, 941 - 1500-44-2, 941 - 1500-47-2, 941 -
1500-046
Planned Development (West Dublin BART Specific Plan)
Various
A Mitigated Negative Declaration was prepared pursuant to the
California Environmental Quality Act (CEQA) for the new Parallel
Road (St. Patrick Way) and was adopted via City Council
Resolution No. 182-88 on September 26, 1988. The alignment is
proposed to change slightly from the original approval, and
therefore an Addendum to the Mitigated Negative Declaration is
proposed.
Page 5
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EXHIBIT "A"
Page 1 of 3 Pages
LEGAL DESCRIPTION
ST. PATRICK WAY
All that certain real property situate in the city of Dublin, county of Alameda, state of
California, described as follows:
Being portions of Lot B, Lot C, Lot D and Lot E as said lots are shown on that certain
Parcel Map No. 4224 filed February 6, 1984 in book 143 of maps at page 6, Alameda
County Records, and a portion of Parcel C as said parcel is shown on that certain
Parcel Map No. 1307 filed January 29, 1976 in book 89 of maps at page 8, Alameda
County records, more particularly described as follows:
Beginning at the northwesterly corner of said Parcel C, said comer being also a point
in the southwesterly line of said Lot E;
Thence along said southwesterly line of Lot E, and along the southwesterly line of
said Lot B, said lines being also the northeasterly right of way line of Regional Street,
North 20°51'45" West, 108.00 feet to a point of cusp;
Thence leaving said southwesterly line of Lot B, southeasterly along the arc of a
40.00-foot radius, tangent curve to the left, through a central angle of 67040'45'', an
arc distance of 47.25 feet to a point in the southeasterly line of said Lot B;
Thence along said southeasterly line, North 69°08'15" East, 299.64 feet;
Thence leaving said southeasterly line, northeasterly along the arc of a 416.00-foot
radius, non-tangent curve to the left, the center of which curve bears North 27044'40''
West, through a central angle of 7°09'15", an arc distance of 51.94 feet;
Thence North 55o06'05" East, 91.76 feet;
Thence northeasterly along the arc of a 1034.00-foot radius, tangent curve to the
right, through a central angle of 15°00'48'', an arc distance of 270.94 feet;
Thence North 74o56'57'' East, 57.11 feet;
Thence northeasterly along the arc of a 400.00-foot radius, tangent curve to the left,
through a central angle of 11 °08'14", an arc distance of 77.75 feet;
Thence North 63o48'43'' East, 332.06 feet;
Z:\DRAVV~2001 ~A1604\DOCS\ST PATRICK WAY.DOC
ATTACHMENT
EXHIBIT "A"
Page 2 of 3 Pages
Thence northeasterly and northwesterly along the arc of a 40.00-foot radius, tangent
curve to the left, through a central angle of 84°40'28", an arc distance of 59.11 feet to
a point of cusp, said point of cusp being a point in the northeasterly line of said Lot C,
said line being also the southwesterly right of way line of Golden Gate Drive;
Thence along said northeasterly line of Lot C, and along the northeasterly line of said
Lot E, the following three courses:
1. South 20°51 '45" East, 33.43 feet;
2. Southeasterly along the arc of a 34.00-foot radius, tangent curve to the right,
through a central angle of 35056'58'', an arc distance of 21.33 feet to a point of
reverse curvature; and
3. Southeasterly along the arc of a 50.00-foot radius, tangent curve to the left,
through a central angle of 83°06'15", an arc distance of 72.52 feet;
Thence continuing along said northeasterly line of Lot C, and along the northeasterly
line of said Lot D, South 20°51 '45" East, 29.25 feet to a point of cusp;
Thence leaving said northeasterly line of Lot D, northwesterly and southwesterly
along the arc of a 40.00-foot radius, tangent curve to the left, through a central angle
of 95°19'32", an arc distance of 66.55 feet;
Thence South 63o48'43" West, 296.18 feet;
Thence southwesterly along the arc of a 484.00-foot radius, tangent curve to the
right, through a central angle of 9°27'40", an arc distance of 79.92 feet;
Thence South 73016'23'' West, 30.97 feet;
Thence southwesterly along the arc of a 966.00-foot radius, tangent curve to the left,
through a central angle of 18°10'18", an arc distance of 306.37 feet;
Thence South 55o06'05'' West, 91.76 feet;
Z:\DRAVW2001W1604~DOCS\ST PATRICK WAY. DOC
EXHIBIT "A"
Page 3 of 3 Pages
Thence southwesterly along the arc of a 484.00-foot radius, tangent curve to the
right, through a central angle of 14"02'10", an arc distance of 118.57 feet to a point in
the northwesterly line of said Parcel C;
Thence along said northwesterly line, South 69°08'15" West, 234.60 feet;
Thence leaving said northwesterly line, southwesterly and southeasterly along the
arc of a 40.00-foot radius, tangent curve to the left, through a central angle of
90°00'00'', an arc distance of 62.83 feet to a point in the southwesterly line of said
Parcel C;
Thence along said southwesterly line, North 20°51 '45" West, 40.00 feet to the POINT
OF BEGINNING.
Containing 85,572 square feet, more or less.
END OF DESCRIPTION
Kier & Wright Civil Engineers & Surveyors, Inc.
License expires 6-30-07 ~
Date
Z:~DRAVV~2001 ~A1604~:)OCS\ST PATRICK WAY.DOC
service D, E & D, ~espectively). Traffic studies prepared durin§ the
preparation of the Downtown Specific Plan examined different intensities of
land use. The adopted land uses were selected as they permitted the highest
intensity of development that could be accommodated without significant
adverse~mpacts to the surrounding circulation system. This project, the
"parallel road", was included to mitigate potential conjestion impacts at the
Dublin Boulevard/Golden Gage Drive intersection that would result from the
proposed intensity of land use for the area south of Dublin Boulevard between
San Ramon Koad and 1-680. The parallel road will result in minor decreases
in level of service, while maintaining acceptable levels% on two
intersections (Regional Street and Amador Plaza Road) but will mitigate an
unacceptable level to an acceptable level of service on one intersection
(Golden Gate Drive). TJKM (City Traffic Engineers), studies indicate that
the calculations of the intersection levels of service in the Downtown
Traffic Study included the parallel road. Without the road, the peak hour
levels of service would be closer to C, F, and C in 1995. This project will
not substantially reduce overall traffic volumes on Dublin Boulevard but will
relieve projected conjesgion on the wors6, of the 3 intersections by
equalizing traffic. A small amount of short distance traffic will use the
new road rather than Dublin Boulevard.
Project will have a beneficial impact of providing an alternate route
between three long cut-de-sacs. This change in circulation is particularly
beneficial in emergency situations.
6.5 Parkin~
The project involves the potential for acquisition of property
currently used for parking and driveways. In one case (APN 941-1500-47-2
Unisource), parking will be reduced below the amonunt that is required.per the
Variance and Conditional Use Permit for Unisource (PA 85-024) and zoning
requirements for a warehouse. Zoning normally would require 300 spaces;
however, the Variance/Condi%ional Use Perm%~ specifies 187 spaces, with
annual review to determine if additional spaces should be provided up to 236
spaces. The project would remove 122 existing spaces, leaving 65 spaces.
Areas allocated for the additional 49 future parking spaces are not affected
by this project (see Figure 2).
The project will also result in reduced back-up space for the truck
loading and parking area for this same parcel. Currently, 121 feet is
available. The resulsing 110 feet is the minimum back-up required for 55-
foot tractor-trailers. The largest trucks currently usLng the site do not
exceed 55 feet in length.
7.1 Odors
Temporary construction related odors may be associated with the
project. Adjacent uses are commercial or industrial, which are no~
considered sensitive receptors for these odors. Impacts would be temporary
and would not be considered adverse impacts.
- 2
ATTAC'H ;ENT
October 29, 2003
ADDENDUM TO THE PARALLEL ROAD ALIGNMENT (Now called St. Patrick Way)
MITIGATED NEGATIVE DECLARATION
INTRODUCTION:
On September 26, 1988, the City Council for the City of Dublin adopted Resolution No.
132-88, approving a Mitigated Negative Declaration for the alignment of a parallel road
south of Dublin Boulevard between Amador Plaza Road and Regional Street (referred
to as the Parallel Road). The Mitigated Negative Declaration assessed the potential
environmental effects of the construction and use of the Parallel Road.
This Addendum serves as an update to the plans of the City in relation to the alignment
of the Parallel Road. The alignment of the road would continue to follow Alternative A
as identified in the Mitigated Negative Declaration, with slight modifications as shown on
Figure 1.
REVISED ALIGNMENT:
The revised alignment, as shown in Figure 1, does not modify any of the findings or
impacts as noted in the Mitigated Negative Declaration dated September 26, 1988.
However, Section 6.5 should be replaced with the following:
"6.5 Parking
The project involves the potential for acquisition of property currently used for
parking and driveways. In one case (APN 941-1500-47-2 AMB Properties),
parking will be reduced below the amount that is required per the Variance
and Conditional Use Permit for Unisource (PA 85-024) and zoning
requirements for a warehouse. Zoning normally would require 300 spaces;
however, the Variance/Conditional Use Permit specified 187 spaces, with
annual review to determine if additional spaces should be provided up to 236
spaces. If a new use comes into the building, it is reviewed to ensure there
will be sufficient parking spaces. The parallel road project would remove
approximately 132 existing spaces. However, the parking study done as part
of the Mitigation Measures indicates that the 132 spaces can be replaced
with 108 new spaces, for a net of 163 spaces (187 original spaces -132
spaces for parallel road +108 improved and new spaces). This does not
include a possible land exchange with BART to provide additional parking (as
shown in Figure 2 of the original Initial Study and Attachment to Mitigation
Measures).
The project will also result in reduced dock approach for the truck loading
and parking area for the same parcel. Currently, approximately 120 feet is
available. The approved alignment of the road reduced the dock approach
area by a minimum of 10 feet to approximately 110 feet (along the northern
side of the building at the western end, the road comes through the parcel in
a diagonal beginning with approximately 55 feet of dock approach area to
end up at the east end of the dock approach area with 110 feet. The
resulting 110 feet is 3 feet less than the minimum dock approach area
required for a 55 foot tractor-trailer (113 feet).
The largest trucks to currently use the loading areas are approximately 65 -
70 feet long according to Corovan, 70 feet is the exception). These trucks are
generally loaded at the eastern end of the truck loading area because of the
easier access to the alleyway (the western portion of the northern side of the
building does not have any truck loading). This is the area where the dock
approach area would remain the deepest - approximately 110 feet. A 65 foot
truck would need approximately 130 feet of dock approach area. Therefore, it
is likely that some trucks may back up on to the Parallel Road. It should be
noted that this condition will exist whether or not the realignment is approved.
At both ends of the dock approach area, the original alignment provided for
only 110 feet clear. In fact, the current loading area provides only 120 feet
clear, 10 feet less than what can be assumed is necessary for a dock
approach area.
With these minor technical amendments and clarifications, the Mitigated Negative
Declaration will continue to adequately address environmental impacts of the Parallel
Road (now called St. Patrick Way).
G:\PA#\1995\PA95043 Parallel Road\Oct 2003 realignment~ADDENDUM.doc
RESOLUTION NO. 03 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
ADOPTING AN ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION AND
DETERMINATION OF GENERAL PLAN CONFORMITY OF THE LOCATION, PURPOSE AND
EXTENT OF THE PROPOSED REALIGNMENT OF THE RIGHT-OF-WAY FOR ST. PATRICK
WAY BETWEEN GOLDEN GATE DRIVE AND REGIONAL STREET (PA 95-043)
WHEREAS, it is an implementing policy of the Circulation and Scenic Highways Element of the
Dublin General Plan to create a new street parallel to and south of Dublin Boulevard to connect Amador Plaza
Road, Golden Gate Drive, and Regional Street near the future West Dublin BART station; and
WHEREAS, the establishment of any the right-of-way is governed by Chapter'7.68 of Dublin
Municipal Code; and
WHEREAS, the City of Dublin established a right-of-way for a road south of and parallel to Dublin
Boulevard between Regional Street and Amador Plaza Road (once known as the Parallel Road, now known as
St. Patrick Way) on October 10, 1988, by adopting City Council Ordinance 19-88, in anticipation of further
development of the area; and
WHEREAS, the City of Dublin approved a Mitigated Negative Declaration for the Parallel Road
Project on September 26, 1988, by adopting City Council Resolution 132-88; and
.WHEREAS, on February 28, 1994, the City Council, at the request of impacted property owners,
authorized a Study to realign the St. Patrick Way between Golden Gate Drive and Regional Street; and
WHEREAS, the realignment study has been completed; and
WHEREAS, the realignment would be a minor technical change from the originally approved right-of-
way because it is in the same general location and does not increase or decrease capacity of the approved
roadway; and
WHEREAS, the realignment of the established fight-of-way line for St. Patrick Way between Regional
Street and Golden Gate Drive was approved by the Planning Commission on September 24, 1996 and was
presented to City Council on December 4, 1996.
WHEREAS, the City Council did not take action on the project because the property owners withdrew
their request for realignment and the existing alignment, approved in 1988, remained; and
WHEREAS, Government Code Section 65402(a) of the Government Code states, in part, that ifa
general plan has been adopted, no real property shall be acquired by dedication for street purposes until the
location, purpose and extent of such acquisition has been reported upon by the planning agency (Planning
Commission) as to conformity with the adopted general plan; and
WHEREAS, the City of Dublin General Plan was adopted on February 11, 1985, and such Plan is
applicable to the properties through which the right-of-way passes; and
WHEREAS, the properties through which the proposed realignment of the right-of-way passes lies
within the corporate limits of the City of Dublin; and
WHEREAS, the properties through which the proposed realignment of the right-of-way passes is
located within an area encompassed by the lands designated in the General Plan as Retail/Office and Mixed-
Use, and developed for circulation purposes in a manner consistent with that designation; and
WHEREAS, the properties through which the proposed realignment of the right-of-way passes is
located within an area encompassed by the lands on five (5) privately owned parcels, including the following
Assessor Parcel Numbers: 941-1500-46, 941-1500-25, 941-1500-44-2, 941-1500-45, and 941-1500-47-2; and
WHEREAS, the proposed realignment of the right-of-way will pass through lands designated for a
future road in the West Dublin BART Specific Plan; and
WHEREAS, the properties through which the proposed right-of-way passes is to be developed for
circulation purposes in accordance with the requirements and purposes of the Retail/Office and Mixed-Use
designations of the Dublin General Plan; and
WHEREAS, the improvements along the new right-of-way alignment of St. Patrick Way will provide
for public access, and will be consistent with City standards; and
WHEREAS, the proposed right-of-way is within the physical scope of the Dublin General Plan, and
therefore its extent will be encompassed by, and consistent with, the Dublin General Plan. As such, it is found
that the establishment of the right-of-way is consistent with regard to location, purpose and extent with the
Dublin General Plan, the Downtown Dublin Specific Plan, and West Dublin BART Specific Plan; and
WHEREAS, the California Environmental Quality Act provides for an Addendum process when a
minor change is proposed on a project where there is an approved Negative Declaration or Mitigated Negative
Declaration; and
WHEREAS, an Addendum to the Mitigated Negative Declaration for the parallel road realignment
project dated October 29, 2003 (Addendum) is available and on file in the City Planning Department, has been
prepared and considered by the Planning Commission together with the original Mitigated Negative
Declaration; and
NOW, THEREFORE, BE IT RESOLVED THAT the properties through which the realigned right-
of-way passes is within the physical scope of the Dublin General Plan and the West Dublin BART Specific Plan
and therefore its extent will be encompassed by, and will be in conformance with, the Dublin General Plan and
the West Dublin BART Specific Plan.
The Planning Comrnission has reviewed and considered the Addendum dated October 29, 2003, together
with the Mitigated Negative Declaration (both available and on file in the Planning Department), and finds that
these documents reflect the independent judgment of the Planning Commission and the City as lead agency.
Dublin Planning Commission does hereby find that no new environmental impacts could occur as a result of the
realignment and no new mitigation measures would be required.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission
does hereby find that:
A. The proposed area where the established right-of-way will be realigned is within the City of
Dublin and is subject to the General Plan of the City of Dublin and the West Dublin BART Specific Plan.
B. The properties through which the realigned fight-of-way passes is located within an area
designated Retail/Office and Mixed-Use in the Dublin General Plan and for a future roadway in the West
Dublin BART Specific Plan, and is proposed to be developed for circulation purposes in a manner consistent
with those designations. Therefore, the establishment of a realigned fight-of-way across that land is consistent
with regard to location and purpose with the Dublin General Plan and West Dublin BART Specific Plan.
C. The properties through which the realigned fight-of-way passes will be developed for circulation
purposes is within the physical scope of the Dublin General Plan and the West Dublin BART Specific Plan, and
the extent of the proposed realignment is consistent with the previously-approved fight-of-way because it merely
adjusts the location and does not change the size or capacity of the roadway.
PASSED, APPROVED AND ADOPTED this 12th day of November 2003.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Manager
GSPA#\1995h°A95043 Parallel Road\Oct 2003 realignment\Oct 2003 PC Reso Addendum to MND.doc
RESOLUTION NO. 03 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THE CITY COUNCIL ADOPT A RESOLUTION OF INTENTION TO MODIFY
AND ESTABLISH A RIGHT-OF-WAY LINE FOR ST. PATRICK WAY BETWEEN REGIONAL
STREET AND GOLDEN GATE DRIVE (PA 95-043)
WHEREAS, the City of Dublin established a right-of-way for a road south of and parallel to Dublin
Boulevard between Regional Street and Amador Plaza Road (once known as the Parallel Road, now known as
St. Patrick Way) on October 10, 1988, by adopting City Council Ordinance 19-88, in anticipation of further
development of the area; and
WHEREAS, the City of Dublin approved a Mitigated Negative Declaration for the Parallel Road
Project on September 26, 1988, by adopting City Council Resolution 132-88; and
WHEREAS, on February 28, 1994, the City Council, at the request of impacted property owners,
authorized a Study to realign the St. Patrick Way between Golden Gate Drive and Regional Street; and
WHEREAS, the realignment study has been completed; and
WHEREAS, the realignment would be a minor technical change from the originally approved right-of-
way because it is in the same general location and does not increase or decrease capacity of the approved
roadway; and
WHEREAS, the realignment of the established right-of-way line for St. Patrick Way between Regional
Street and Golden Gate Drive was approved by the Planning Commission on September 24, 1996 and was
presented to City Council on December 4, 1996.
WHEREAS, the City Council did not take action on the project because the property owners withdrew
their request for realignment and the existing alignment, approved in 1988, remained; and
WHEREAS, the realignment of the Parallel Road is appropriate for the subject property in terms of
being compatible with existing land uses and conforming to the underlying land use designations and because it
will not overburden public services; and
WHEREAS, the proposed right-of-way is within the physical scope of the Dublin General Plan, and
therefore its extent will be encompassed by, and consistent with, the Dublin General Plan. As such, it is found
that the establishment of the right-of-way is consistent with regard to location, purpose and extent with the
Dublin General Plan, the Downtown Dublin Specific Plan, and West Dublin BART Specific Plan; and
WHEREAS, a Staff Report was submitted by City Planning and Engineering Staff as required by
Chapter 7.68 of the Dublin Municipal Code, recommending that the Planning Commission recommend that the
City Council adopt a Resolution of Intention to establish a right-of-way line; and
WHEREAS, the Planning Commission did review and use their independent judgment to consider the
realignment of the parallel road, associated staff report and public testimony at a properly noticed public hearing
on November 12, 2003; and
WHEREAS, the realignment will not have a substantial adverse effect on health or safety or be
substantially detrimental to the public welfare or be injurious to property or public improvements.
WHEREAS, this project has been reviewed in accordance with the provisions of the California
Environmental Quality Act and an Addendum to the Mitigated Negative Declaration of Environmental Impact
has been recommended for adoption, as it will have no significant effect on the environment; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby
recommend that the City Council adopt a Resolution of Intention to realign St. Patrick Way between Golden
Gate Drive and Regional Street as depicted on Exhibit A to this Resolution.
PASSED, APPROVED AND ADOPTED this 12th day of November, 2003
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Manger
G:~PA#\1995\PA95043 Parallel Road\Oct 2003 realignment\Oct 2003 PC Reso of Intention.doc