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CITY OP DUBLIN
AGENDA STATEMENT
Nor"'"
City Council Meeting Date: ~y 14, 1994
SUBJECT:
Reduction in Obligation for Dedication of and Improvements
to Dublin Blvd. for The Home Express Project
Report by: Public Works Director Lee Thompson
EXHIBITS ATTACHED:
1) I Resolution
2) ~ Location map of the proposed widening
3) ~ Copy of Ordinance 4-92 (amending Sections 7.72.020,
7.72.040, and 7.72.080 of the Dublin Municipal Code).
RECOMMENDATION:~~~doPt resolution approving reduction in dedication
~ ~ improvement obligation, in accordance with Section
of the Dublin Municipal Code.
and
7.72.080
PINANCIAL STATEMENT:
The reduction will be partially offset by a Traffic Impact
Contribution for the Dublin Boulevard widening project. The
estimated value of dedication and improvements on Dublin
Boulevard is in excess of $40,000, and the mitigation
contribution is calculated to be $14,130.
DESCRIPTION: The Home Express, a home furnishings superstore, has applied
for a site Development Review Permit to move into the vacated Levitz Furniture space
in the Orchard Supply Hardware Shopping Center.
Sections 7.72.020 and 7.72.040 of the Dublin Municipal Code (Exhibit 2) require
dedication and improvements of adopted roadways when certain approvals occur. The
Ordinance ties the requirement to the issuance of a Building Permit, Site
Development approval, or other discretionary approval of a land use or project. In
this case, the Site Development Review has been approved with a condition that the
Applicant is required to "dedicate and improve Dublin Boulevard . . . or secure a
reduction in obligation from the City Council prior to the issuance of a building
permit." (Site Development Review condition No. 38.)
The Home Express store will generate substantially more traffic than the Levitz
Furniture store did; however, the City Engineer has determined, pursuant to Dublin
Municipal Code Section 7.72.080, that the value of the right-of-way and improvements
would be far in excess of what is reasonably related to the increased traffic
generated and has recommended traffic impact contribution as a mitigation instead.
Home Express has agreed to make a traffic contribution for Dublin Boulevard
consistent with the additional traffic generated. The amount of the traffic
contribution toward the Dublin Boulevard Widening project is $14,130. In addition,
a contribution in the amount of $3,400 is being made toward the village Parkway
Traffic Signals, and $11,200 is being contributed for the future Parallel Road.
Pursuant to Section 7.72.080 of the Dublin Municipal Code, when this situation
occurs, the City Engineer must bring the reduction to the City Council for final
approval. Section 7.72.080 requires an agreement, executed by the Applicant,
agreeing to make such dedication and improvements as the Council may require.
Staff recommends that the City Council adopt the resolution approving reduction of
dedication and improvement obligation, pursuant to Section 7.72.080 of the Dublin
Municipal Code.
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RESOLUTION NO.
-94
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING REDUCTION OF DEDICATION
AND IMPROVEMENT OBLIGATION
WHEREAS, DSC Partners, a Limited Partnership, ("Applicant") applied to
the city of Dublin for a Site Development Review Permit for a Home Express store
which would occupy a portion of the Orchard supply Hardware Shopping Center formerly
occupied by Levitz Furniture, known as Assessor's Parcel Number 941-1500-44; and
WHEREAS, a right-of-way line for the widening of Dublin Boulevard
fronting the Center has been established by the city Council and is set forth in
Dublin Municipal Code, section 7.68.150; and
WHEREAS, a traffic study for the proposed Home Express store shows that
the proposed use will result in an increase in traffic generation on Dublin
Boulevard such that widening and improvement of Dublin Boulevard within the
designated right-of-way would be required; and
WHEREAS, pursuant to section 7.72.080 of the Dublin Municipal Code, the
City Engineer has determined that dedication and improvement within the designated
right-of-way for Dublin Boulevard would be greater than is reasonably related to the
increased traffic from the proposed Home Express store; and
WHEREAS, the City Engineer has recommended that the City council reduce
the dedication and improvement obligation to zero provided that the Applicant
contribute $14,130 to the city as part of its project for Dublin Boulevard
improvements; and
WHEREAS, the Applicant has included a contribution of $14,130 to the
City as part of its project for Dublin Boulevard improvements;
NOW, THEREFORE, BE IT RESOLVED that:
1. The City Council approves the reduction in the dedication and
improvement obligation for the portion of Dublin Boulevard within the
adopted right-of-way line for the Home Express project.
2. This approval and resolution relates only to the requirement for
dedication and improvement of Dublin Boulevard in connection with the
proposed Home Express project. It is not applicable to any other
applications for a building permit, conditional use permit, site
development review approval, variance, rezoning to a planned development
district, or other discretionary approval of a proposed land use which
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might require dedication and improvement pursuant to Dublin Municipal
Code Section 7.72.020 in the future.
PASSED, APPROVED, AND ADOPTED this 14th day of March, 1994.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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CITY OF DUBLIN
----,
ORDINANCE NO. 4-92
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING SECTIONS 7.72.020, 7.72.040 AND 7.72.080 OF THE
DUBLIN MUNICIPAL CODE
REGULATING RIGHTS-OF-WAY -- DEDICATION AND IMPROVEMENT
The city council of the City of Dublin does ordain as follows:
section 1. Amendments.
section 7.72.020 of the Dublin Municipal Code shall be amended to read as
follows:
"section 7.72.020 Dedication--Required
"No building permit, conditional use permit, site development review approval,
variance, rezoning to a planned development district or other discretionary
approval of a proposed land use or project for a lot or lots shall be issued
or-made if the proposed project or use will result in an increase in traffic
generation on the street or streets upon which such lot or lots abuts or will
abut, or the proposed project or use 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 granted to
the city." The City council, by its Resolution No. 14-92, adopted February
10, 1992, has established guidelines for the enforcement of this section.
section 2. Amendments.
section 7.72.040 of the Dublin Municipal code shall be amended to read as
follows:
"Section 7.72.040 Improvement--Required
"A. Any building permit, conditional use permit, site development review
approval, variance, rezoning to a planned development district or other
discretionary approval of a proposed land use or project for a lot or lots
issued, approved or made which will result in an increase in traffic
generation on the street or streets upon which the proposed project or use
abuts or will abut, such that street widening or other improvement shall be
required, shall be conditioned upon improvement by the applicant of one-half
(1/2) 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 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 development district or other
discretionary approval of a proposed land use or project for a lot or lots
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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 paragraphs A and B of this section.
Section 3. Amendments.
section 7.72.080 of the Dublin Municipal Code is amended to read as follows:
"section 7.72.080 Reduction in Obligation
"In any case in which the city Engineer determines that the designated area as
defined in Section 7.72.030, or designated centerline as defined in section
7.72.060, require of the applicant dedication (pursuant 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 obligation shall be reduced
accordingly. The city council may authorize the issuance of a building permit
thereafter upon receipt of an 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."
section 4. Effective Date And posting of Ordinance.
This ordinance shall take effect and be in force thirty (30) days from and
after the date of its passage. 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 the state of
california.
PASSED, APPROVED, AND ADOPTED this 24th day of February, 1992
AYES: councilmembers Burton, Howard, Jeffery, Moffatt,
and Mayor snyder
NOES: None
ABSENT: None
ATTEST:
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City Clerk" '.
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