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Home My WebLink About8.5 StPtrkStdyRealgnmntROWCITY 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 I I I I 0 N 0 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) 442