HomeMy WebLinkAboutItem 8.5 StPtrkStdyRealgnmntROW (2)CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: February 28, 1994
SUBJECT:
Initiation of Study for the Realignment of the Right-of-Way
Lines for the Road Parallel to and South of Dublin Boulevard
Between the Limits of Golden Gate Drive and Regional Street
Report by: Public Works Director Lee Thompson and Planning
Director Laurence Tong
EXHIBITS ATTACHED:
St. Patrick Way
1)
2)
3)
Draft Resolution
Existing Alignment Handout Map
Chapter 7.72 of Municipal Code
RECOMMENDATION: %.~1 opt Resolution
FINANCIAL STATEMENT:
Cost of Staff time to process study through Planning
Commission and City Council hearings. The owner of Orchard
Supply Shopping Center will have their consultant prepare
the plan and description.
DESCRIPTION: The new ownership of the Orchard Supply Hardware Shopping
Center and the Unisource building parcel are in the process of leasing several
tenant spaces within the shopping center and have the need to allow for construction
of loading docks at the rear of the center. Some of these loading docks would fall
within the adopted right-of-way for the "Parallel Road."
These owners have asked that the City undertake a study to relocate the roadway
alignment further away from the shopping center and closer to the Unisource building
so as to allow loading these docks to be constructed in the near future and to
otherwise minimize the impact of the roadway on existing uses.
It is the City Engineer's opinion that in order to lease the existing tenant spaces
and warehouse to similar types of uses would not trigger the requirement for the
owner/developer to dedicate and improve the "parallel road." If, however, one of
the properties made a major change to their use such as the warehouse becoming a
retail use, then the dedication and improvement outlined in Chapter 7.72 of the
Municipal Code might be required.
Staff recommends that this realignment study be initiated at this time in order to
facilitate the owner's ability to lease the two properties.
a:~agenda941prlroad
ITEM NO.~ COPIES TO: Matt Brooks
CITY CLERK
RESOLUTION NO. - 94
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
INITIATING A RIGHT-OF-WAY LINE REALIGNMENT STUDY FOR THE
PARALLEL ROAD SOUTH OF DUBLIN BOULEVARD (BETWEEN GOLDEN GATE
DRIVE AND REGIONAL STREET)
WHEREAS, the adopted Dublin General Plan contains a policy in the
Circulation Element regarding a new street south of Dublin Boulevard;
and
WHEREAS, the adopted Dublin Downtown Specific Plan contains an
objective in the Vehicular Circulation Plan to develop a plan line for
a new street south of Dublin Boulevard; and
WHEREAS, the adopted Dublin Downtown Specific Plan contains an
objective in the Pedestrian Circulation Plan to include a landscaped
pedestrian way along the new street; and
WHEREAS, on October 10, 1988, the city Council adopted Ordinance
No. 19-88 establishing right-of-way lines for a new road parallel to
and south of Dublin Boulevard (between Amador Plaza Road and Regional
Street); and
WHEREAS, the owners of several properties affected by the adopted
right-of-way lines between Golden Gate Drive and Regional Street are
in the process of leasing vacant tenant spaces and have requested a
realignment study to shift the alignment to the south.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin city Council does
hereby initiate a right-of-way line realignment study for the Parallel
Road south of Dublin Boulevard (between Golden Gate Drive and Regional
Street), and direct Staff to process the realignment study as
expeditiously as possible. . .~
PASSED, APPROVED AND ADOPTED this 28th day of February, 1994.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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7.72.010
Chapter 7.72
RIGHTS-OF-WAY -- DEDICATION
AND IMPROVEMENT
Sections:
7.72.010
7.72.020
7.72.030
7.72.040
7.72.050
7.72.060
7.72.070
7.72.080
7.72.090
Definitions.
Dedication--Required.
Designated area.
Improvement--
Required.
Exceptions.
Designated centerline.
Improvement
deferred--Guarantee.
Reduction in obligation.
Conditions of
approvals.
7.72.010 Definitions.
For the purposes of this chapter, the
words set out in this section shall have the
following meanings:
"Applicant" means and includes the
applicant for a building permit, conditional
use permit, site development review approv-
al, and/or variance and, when dedication of
right-of-way is required, the owner of the
property where the owner is not the appli-
cant. (Ord. 11-88 § 10)
7.72.020 Dedication--Required.
No building permit, conditional use per-
mit, site development review approval,
variance, rezoning to a planned develop-
ment district or other discretionary approval
of a proposed land use or project for a lot
or lots shall be issued or made if the pro-
posed project or use will result in an in-
crease in traffic generation on the street or
streets upon which such lot or lots abuts or
will abut, or the proposed project or use
(Dublin 8-92)
will adversely affect public safety, such that
street widening or other improvement shall
be required, unless the designated area of
future right-of-way lines of such lot has
been ~anted to the City. The City Council,
by its Resolution No. 14-92, adopted Febru-
ary 10, 1992, has established guidelines for
the enforcement of this section. (Ord. 4-92
§ 1: Ord. 11-88 § 1)
7.72.030 Designated area.
A. Where future right-of-way lines have
been established pursuant to Chapter 7.68,
the designated area shall be that part of the
lot encompassed within the furore right-of-
way lines.
B. Where subsection A of this section
does not apply, the designated area shall be
that part of the lot encompassed, within the
area defined by the extension of the pre-
dominant existing street alignment on the
street on which the lot is located. (Ord. 11-
88 § 2)
7.72.040 Improvement--Required.
A. Any building permit, conditional use
permit, site development review approval,
variance, rezoning to a planned develop-
ment district, or other discretionary approval
of a proposed land Use-or project for a lot
or lots issued, appproved or made which
will result in an increase in traffic genera-
tion on the street or streets upon which the
proposed project or use abuts or will abut,
such that the street widening or other im-
provement shall be required, shall be condi-
tioned upon improvement by the applicant
of one-half (V2) of such street or streets,
measured from the designed centerline of
such street or streets, by installation or
relocation of paving, tie-in paving, curbs,
gutters, sidewalks, and driveways, storm
7.72.040
and sanitary sewers, drainage facilities,
utilities, street trees and landscaping for the
full width, and in the case of a corner lot,
for the full depth and corner radii of such
lot. No certificate of occupancy for such
building or structure shall be issued until
such improvements have been completed.
B. Any building permit, conditional use
permit, site development review approval,
variance, rezoning to a planned develop-
ment district or other discretionary approval
of a proposed land use or project for a lot
or lots issued, approved or made which will
adversely affect public safety, such that
public improvements shall be required, shall
be conditioned upon those improvements by
the applicant within the public right-of-way
necessary to eliminate the adverse effect on
public safety. The City Council, by its
Resolution No. 14-92, adopted February 10,
1992, has established guidelines for the
enforcement of subsections A and B of this
section. (Ord. 4-92 8 2: Ord. 11-88 § 4)
7.72.050 Exceptions.
A. The provisions of Section 7.72.020
shall not be applicable to a building permit
issued for construction, reconstruction, or
remodeling of a single-family or two (2)
family dwelling, unless such reconstruction
or remodeling converts such dwelling or
portion thereof to any other use.
B. The provisions of Section 7.72.040,
except those provisions requiring installation
or relocation of curbs, gutters, sidewalks,
driveways, and street trees, shall not be
applicable to a building permit issued for
construction, reconstruction, or remodeling
of a single-family or two (2) family dwell-
ing, unless such reconstruction or remodel-
ing converts such dwelling or a portion
thereof to any other use. (Ord. 11-88 88 3,
6)
7.72.060 Designated centerline.
A. Where future right-of-way tines have
been established pursuant to Chapter 7.68,
the designated centerlines shall be estab-
lished by such furore right-of-way lines.
B. Where subsection A oftlfis section is
not applicable, the designated centerlines
shall be the existing centerline of the street
as defined by the extension of the predomi-
nant existing street alignment on the street
on which the lot is located. (Ord. 11-88 8
5)
7.72.070 Improvement deferred--
Guarantee.
In any case in which installation or relo-
cation prior to issuance of a certificate of
occupancy of all or any part of the improve-
ments required by Section 7.72.040 is deter-
mined by the City Engineer to be impracti-
cal, he may accept in lieu thereof:
A. A guaranty in a form approved by
the City Attorney in an amount adequate to
cover the cost of such improvements as
estimated by the City Engineer, providing
for the installation or relocation of such
- improvements upon ~lefault of the applicant;
or
B. A cash deposit of said amount, which
will constitute a discharge of the applicant's
improvement obligation hereunder. (Ord.
11-88 8 7)
7.72.080 Reduction in obligation.
In any case in which the City Engineer
determines that the designated area as de-
fined in Section 7.72.030, or designated
centerline as defined in Section 7.72.060,
require of the applicant dedication (pursuant
[Dublin 8-92)
7.72.080
to Section 7.72.020) and improvements to
a greater extent than is reasonably related to
the increased traffic and other needs of the
proposed land use, he shall recommend to
the City Council that the applicant's obliga-
tion shall be reduced accordingly. The City
Council may authorize the issuance of a
building permit thereafter upon receipt o fan
agreement, executed by the applicant, to
make such dedication and improvements as
the City Council may require in reducing
his obligation because of the proposed land
use. Such agreement may include provisions
for participation by the City in required
right-of-way acquisition and improvements.
.(Ord. 4-92 § 3: Ord. 11-88 § 8)
7.72.090 Conditions of approval.
Nothing contained in this chapter shall be
construed to prohibit or limit attachment of
conditions requiring grant and improvement
of rights-of-way to approvals required by
other provisions of applicable ordinances,
including but not limited to provisions of
the zoning ordinance, and the subdivision
ordinance. (Ord. 11-88 § 9)
[~Du blin 8-92)
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