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HomeMy WebLinkAboutItem 5.2 Appeal PA 84-049 Imperial Freeholds V0 AGENDA AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 23 , 1985 PUBLIC HEARING SUBJECT: Appeal of Planning Commission action to conditionally approve PA 84-049 Imperial Freeholds California Inc . application for Parcel Map #3582 extention. EXHIBITS ATTACHED: 1 ) Minutes of May 13 , 1985 City Council meeting. 2 ) Staff report of May 13 , 1985 City Council meeting with appeal letter . RECOMMENDATION: 1 ) Open continued public hearing and hear Staff presentation. 2 ) Hear any additional testimony from applicant and public. 3 ) Question Staff, applicant and public. 4 ) Continue public hearing until January 13 , 1986 City Council meeting. FINANCIAL STATEMENT: None at this time . DESCRIPTION: On May 13 , 1985 , the City Council opened the. public hearing on the appeal of the Planning Commission action to conditionally approve PA 84-049 Imperial Freeholds California Inc. application for Parcel Map #3582 extension. Mr . Anthony Long, representing Imperial Freeholds, appealed the item because of a condition which required the developer to pay $69 , 000 towards the installation of traffic signals at Sierra Court and Dublin Blvd. Mr . Long said that they were willing to contribute to the traffic signal if they were successful in exchanging property with Dublin San Ramon Service District to relocate their proposed access road. The access road and entrance to the site would then be at Dublin Blvd. and Sierra Court, rather than at the proposed Imperial Court . If they were not successful in relocating the entrance, they would object to the contribution. After discussion, the City Council continued the item until the September 23 , 1985 City Council meeting to allow the developer and Dublin San Ramon Service District to negotiate a property exchange . Mr . Long has verbally indicated to Staff that he would like an additional continuance . Staff recommends that the City Council continue the item until the January 13 , 1986 City Council meeting . ----------------------------------------------------------------- ITEM NO. COPIES TO: Applicant PA 84-049 City Attorney Nave did not feel this would be practical , but Gated he would check into tl�is possibility , as the issue must be soon. Cm. Moffatt questioned whether the original S oach Road was supposed to have a frontage road . . On motion of Cm.. Hegarty, second y Cm. Jeffery , and by unanimous vote , the Council adopted ESOLUTION NO. 32 - 85 RE TING VEHICUL,R TRAFFIC ON STAGECOACH ROAD PURS TO SECTION 21107 . 5 OF THE CALIFORNIA VEHICLE CODE On moti of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote , the ncil authorized the City Traffic Engineer to conduct a speed survey on S ecoach Road. APPEAL OF PLANNING COMMISSION APPROVAL PA84-0149, IMPERIAL FREEHOLDS CALIFORNIA, INC . Mayor Snyder opened the public hearing. Imperial Freeholds applied for an extension of their parcel map to subdivide a 10 acre site on Dublin Boulevard into 3 lots and ultimately develop 3 office buildings with approximately 180 ,000 square feet . The Planning Commission approved the extension with a condition requiring $69 , 000 toward a traffic signal at Dublin Boulevard @ Sierra Court . The issue involves pay- ment towards the traffic signal to lessen traffic impacts even if the project does not have .a direct connection to the intersection. Large projects stach as this one have significant traffic impacts on the City, not only in the immediate vicinity of the project , but throughout various parts of the City. It is a fairly common practice for cities to require a developer to install or make cash contributions for traffic signals to offset the impact of the development on the City. The amount of the contribution depends on the specific nature , size , location and impact of the project. . Staff felt a $69 ,000 contribution was. reasonable in relationship to a project encompassing' 180 , 000 sq ft along one of the major thoroughfares of the City . Anthony Long, Imperial Freeholds Branch Manager advised the Council that their concerns go beyond the co;,t of 'the signal . They are not opposed to the payment itself , but rather that the: location of the signal will have a detrimental effect on their property. The -original proposal was that the5> would ha•�e signalization to their property. Cm. Hegart.y questioned if the original specifications called for a signal at the entrance of their property . Mr. :,ong replied affirmative . Mr. Long asked that a median cut be allowed , thereby providing motorists left. turn access from their property onto Dublin Boulevard ATTACHMENT CM-4-91 Regular Meeting May 13 , 1985 Mayor Snyder closed the public hearing. The visibility aspects with regard to the crest of the bridge on Dublin Boulevard was discussed . Discussion was held with regard to a left turn into as well as out of the property onto Dublin Boulevard . Cm. Moffatt indicated he would like to table the matter until an alternate route could be d=iscussed . Mayor Snyder questioned Mr . Long regard_',.ng the property exchange with DSRSD . Mr. Long indicated that negotiation discussions with DSRSD regarding property exchange were progressing nicely . Exchange agreements are moving forward. City Attorney Nave indicated a time line was needed for future review by the City Council in order to take appropriate action. Cm. Jeffery did not Feel it appropriate to delay a decision on this issue . On motion of Cm. Vonheeder , seconded by Cm. Moffatt , and by majority vote , the Council agreed to continue this item for 120 dais . Voting NO on tr:is motion was Cm. Jeffery. P IC HEARING ORDI CE RE LIMITED PARKING ZONE ON SIERRA LANE Mayor Sny opened the public hearing. Viacom Cablevi ' on has requested that a portion of the curb in front of their office be limite o 20 minutes parking . No public comments wer made . Cm. Moffatt felt the entire rea should be looked at with regard to large vehicles being parked on week S . City Manager Ambrose advised Cm. Mo tt that the City Traffic Engineer has looked at this , and the City Attorney drafting an ordinance which will be coming before the Council in the future . Mayor Snyder closed the public hearing. On motion of Cm. Hegarty, seconded by Cm. Jeffery, and unanimous vote , the Council waived the reading and on an urgency basis adopted ORDINANCE NO. 8 — 85 ESTABLISHING TRAFFIC REGULATIONS LIMITED PARKING ZONE ON SIERRA LANE CM-4-92 Regular Meeting May 13 , 1985 AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 13 , 1985 SUBJECT: An Appeal of a Planning Commission action to approve PA 84-049 , Imperial Freeholds California, Inc . PROJECT: PA 84-049 Imperial Freeholds California Incorporated, application for a Parcel Map Extension (Parcel Map 3582 ) EXHIBITS ATTACHED: A . - Draft Resolution denying the appeal Background Attachments : 1 - Appeal letter dated 4/11/85 2 - 4/1/85 Planning Commission Staff report with background attachments 3 - TJKM Traffic Impact Study . RECOMMENDATION•_ 1 - Open public hearing and hear staff presentation 2 - Take testimony from applicant and the public 3 - Question staff, applicant and the public 4 - Close public hearing and deliberate 5 - Adopt a Resolution (Exhibit A) which denies the appeal and upholds the Planning Commission action FINANCIAL STATEMENT: If the appeal is granted, the City will have to pay an .additional $69, 000 for traffic signals at the Dublin Boulevard/Sierra Court intersection DESCRIPTION: On 2/23/82 , Alameda County approved parcel map • 3582 which subdivided a ten acre site (located immediately west of Dublin Sports Ground and Valley High School) into three parcels . Because of potential traffic impacts a condition of approval required the applicant to pay for signalization and median improvements at the proposed Imperial Court/Dublin Boulevard -intersection. Mr. Anthony Long, representing Imperial Freeholds, subsequently filed an extension with the City for the recording of the final parcel map. This extension request was originally heard by the Planning Commission on November 17 , 1984 , and then was continued at the applicant' s request to the 12/17/84 , 3/18/85 and 4/1/85 Hope 2 ------- --------------------------------------- ITEM NO. C Applicant Planning Commission meetings . On 4/1/85 the Planiiing Commission reviewed a two-year extension to record the final parcel map with several conditions . Two such conditions required that: 1. The applicant shall make a good faith effort to acquire access out onto Dublin Boulevard at Sierra Court so that the entrance to Imperial Court can be moved to this location. The good faith effort shall include, but not limited to, reaching an agreement on the land transfer with DSRSD and filing an application with the Federal Government to approve said transfer. A letter from the DSRSD Board of Directors stating it does not want to proceed with a land transfer will also constitute a good faith effort. 2 . The developer shall pay $69 , 000 for the installation of traffic signals at Sierra Court and Dublin Boulevard. At the hearing, Mr. Anthony Long said they were willing to pay the $69 , 000 for the traffic signal if they were successful in relocating the access road. If they were unable to relocate the road, they would not have direct left turn access and egress from Dublin Boulevard and would not want to pay for part of the signalization. After discussion, the Planning Commission determined that, even if the access was not relocated, the project would generate traffic impacts at both the Dublin Boulevard/Sierra Court and Dublin Boulevard/Clark Avenue intersections . The Planning Commission unanimously voted to approve the parcel map extension including the condition that the developer pay for part of the signalization. As noted in their letter dated 4/1/85, Imperial Freeholds , California, Incorporated does not object to the payment of the $69 , 000 if they are successful in relocating the entrance to their site across from Sierra Court . If the entrance is not relocated, the applicants would object to this payment because they feel it will place a "great burden" on their project. The $69, 000 figure is based upon a study done by TJKM (Exhibit D) where an equal portion of the signal costs ($100, 000) were assessed between the Bedford project at Sierra Lane and Sierra Court and the Imperial Freehold' s project. The study was based upon the amount of traffic generated by each development. The Bedford project, being an industrial/business park development, was not expected to generate the amount of traffic as an office project and therefore was assessed $31, 000, or 31% Bedford has since submitted a letter of credit in that amount to the City. Imperial Freeholds was assessed $69, 000 or 69%. It should be noted that several developers have been required to install public improvements or make cash payments for future . public improvements as part of their project approvals. Often times, those public improvements are not installed directly in front of their site. For example, Automation Electronics Corporation (located west of Silvergate Drive at Dublin Boulevard) was required to make a cash payment for intersection improvements at San Ramon Road and Dublin Boulevard. In addition, the Nielsen Ranch subdivision, located on the western portion of the City was required to make. a cash payment for intersection improvements at San Ramon Road and Silvergate Drive . As noted above, Bedford was required to make a cash payment for traffic signals at Dublin Boulevard and Sierra Court. Large projects such as the ones noted above have significant traffic impacts on the City, not only in the immediate vicinity of the project, but throughout various parts of the City. It is a fairly common practice for cities to require a developer to install or make cash contributions for traffic signals to off-set the impact of the development on the City. The amount of the contribution depends on the specific nature, size , location and impact of the project. Staff does not believe it is -2- ` :.0 /unreasonable to require a $69 , 000 contribution in relationship to ject encompassing 180, 000 sq. ft. along one of the major oughfares of the City. It should be noted that the intersection improvements (traffic signals, median work and roadway improvements) at Dublin Boulevard and Sierra Court will cost approximately $200 , 000 . The DSRSD has an obligation to contribute $25, 000 toward the improvements. The City will be paying for the balance of the improvements not associated with the traffic signals . Accordingly, the City, DSRSD, and major developments will be sharing in the cost of these improvements. In conclusion, . Staff believes the requirement for a cash contribution of $69 , 000 is reasonable, appropriate, consistent with previous project approvals, and necessary to offset the impact of the development on the City. Staff recommends that the City Council concur with the Planning Commission recommendations and adopt the resolution which denies the appeal and upholds the conditional approval of the parcel map extension. l -3- ( IMPEPIAL FPEEHOLDS CALIFORNIA INC. 5776 STONERIDGE MALL ROAD. SUITE 100, PLEASANTON,CALIFORNIA 93566 1:1 TELEPHONE:(415)483.1300 April 11, 1985 HAND DELIVERED DUBLIN CITY COUNCIL % Dublin Planning Department Dublin, CA 94568 Attn: Mr. Tom DeLuca Dear Council Members: On April 1, 1985, the Dublin Planning Commission approved our request to extend our Tentative Parcel Map for two years to April 1, 1987. The approval carried certain conditions which are required by the City prior to the recording of a Final Parcel Map. As owner of the subject property, Imperial Freeholds California, Inc. respectfully requests the City Council to reconsider one provision of the Special Conditions which were made as part of the Planning Commission Extension Approval. Item #43 of the Special Conditions requires that "The Developer shall pay $69,000 for the installation of traffic signals at Sierra Court and Dublin Boulevard.". While Imperial feels that it is fair for the City to ask us to pay this cost if we are successful in rerouting Imperial Court to Dublin Boulevard at Sierra Court, we feel that if we are unable to have this rerouting of the street, the new signal places a great burden on our develognent. As a result, we feel that it is unreasonable to ask us to share in the expense of this traffic light. I would appreciate having the opportunity to present our position in this matter to you at your earliest convenience. Thank you for your consideration. Very sincerely yours, IMPERIAL FREEHOLDS CALIFORNIA, INC. G Anthony H. Long Branch Manager AHL:nc cc: Graeme A. G. Stamp 15-025-40.810 R E C E l Y.E D. AF RI, 1 J i98!a, DUBLIN.. PL.ANNiRG A N11EMBER OF THE i,MPER!AL GROUP OF C MPANIES M P7,T:T, . i . _" --'% T F-WEEHOLDS Lk -1-1-1 �L CAUFORN!A INC. ICO -'-773 5Tr)N=q!DGERCAD. PLEASANTON, CALIFCRNIA. U.S.A. September 17, 1985 Mr. Lawrence L. Tong Director of Planning C= OF DUBLIN P. O. Box 2340 Dublin, CA 94568 Dear Mr. Tong: As a follow up to my letter to You dated. SepteTber 16, 1985, 1 am enclosing a copy of correspondence received from the United States Department of the Interior pertaining to our proposed land exchange. This letter indicates the Federal Government's willingness to co- operate in the exchange. As previously requested, we would like to have an additional ninety- day continuance-to allow us to satisfy the two conditions requested by the Department of Interior, namely, obtaining appraisals of the two properties to be exchanged, and preparing legal descriptions. Thank you for your consideration. Very sincerely yours, IMPERIAL FREEHOLDS CALIFORNIA INC. Anthony H. Long Branch Manager Enclosure AHL:nc cc: Graeme A. G. Stamp (w/encl.) 15-025-40.810 15-025-40-750-10 R E C E I V E D 2 '1985 DUBLIN PLANNING A %iEMBEP THE I-VPERIAL Gi�GUP-OF CO3M PANIES cwt O ! United States Department of the Interior NATIONAL PARK SERVICE WESTERN REGION 450 GOLDEN GATE AVENUE,BOX 36063 v. IN' REPLY REFER TO: SAN FRANCISCO,CALIFORNIA 94103 rn rn ) 2400 (WR-RG) so _ September 12, 1985 /J '� z' r _ Mr. Paul Ryan General Manager Dublin San Ramon Service District 7051 Dublin Blvd. Dublin, California 94568 Dear Mr. Ryan: After reviewing your August 23; 1985, letter with attachments requesting approval for a land exchange involving a small portion of the former Federal property: Camp Parks, Parcel A-4, D-Calif.- 574B, now known as the Dublin Sports Grounds , we wrote to the General Services Administration seeking their concurrence with our tentative approval of the proposal. Enclosed is a copy of their response, indicating tentative concurrence pending the receipt and acceptance of adequate independent appraisals of the two parcels involved. In addition, as Pete Sly of my staff indicated to you in a recent telephone conversation, we will also need adequate legal descriptions of the two parcels for inclusion in the exchange documents (our "deed of release" for the park property and the deed from Imperial Freeholds of California, Inc. containing the same perpetuity use restrictions in effect on the remaining park property) . Once we have reviewed and approved the appraisals (along with GSA) , we will provide the exchange documents in draft form for your review. In the meantime, if you have any questions on this matter, please contact Pete Sly at 556-8360. Sincerely, John D. Cherry Associate Regional Director C E I V E D Resource Management and Planning SEP 17 1985 Enclosure R E C E I V E D 5E,P 20 1985 ni IRI IN PLANNING 4 . General Services Administration, Region 9 525 Market Street -- San Francisco, CA 94105 - ._,,.. SEP 6 1985 Mr. John D. Cherry Associate Regional Director Resource Management & Planning National Park Service 450 Golden Gate Avenue, Box 36063 San Francisco, CA 94102 Re: Portion, Camp Parks Alameda County, CA 9-D-CA-574-B Dear Mr. Cherry: This replies to your letter of August 28 outlining the proposed exchange between the Dublin San Ramon Services District and Imperial Freeholds California Inc. From the information provided, the proposal appears reasonable, however before granting our concurrence, we will need to review the appraisals that will establish the respective values. We appreciate the opportunity to comment on this matter. As you requested we are returning the copies of the large maps. Sincerely, /TER HEBERT Real Property Disposal Division Public Buildings and Real Property Enclosure