HomeMy WebLinkAboutItem 9.2 Report of Conformity w/ General PlanCITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: November 4, 1991
TO: Planning Commission
FROM: Planning Staff 4-
PREPARED BY: 4--Dennis Carrington, Senior Planner
SUBJECT: Conformity of location, purpose and
extent of lands dedicated to the City of
Dublin for the Two Lane Access Road and
the Hacienda Drive Extension with the
Dublin General Plan.
GENERAL INFORMATION:
PROJECT:
APPLICANT/
PROPERTY OWNER:
LOCATION:
Report on conformity with the General
Plan as required by Section 65402(a) of
the Government Code.
County of Alameda Surplus Property
Authority
Attn: Steven Szalay
County Administrator
County of Alameda
1221 Oak Street, Room 555
Oakland, CA 94612
From the Southern Pacific Right of Way
to Hacienda Drive, south on Hacienda
Drive and east to Tassajara Road as
shown on Exhibit A.
COPIES TO: Steven Szalay, Alameda County
Administrator
ITEM NO. � Richard C. Ambrose, City Manager
Laurence L. Tong, Planning Director
Dennis Carrington, Senior Planner
Adolph Martinelli, Alameda County
Planning Director
Two Lane Access Road File
PAGE
ASSESSOR PARCEL NUMBER: 946-015-1-4 (por)
946-015-1-5 (por)
946-015-2 (por)
946-015-3-1 (por)
PARCEL SIZE:
GENERAL PLAN
DESIGNATION:
EXISTING ZONING
AND LAND USE:
SURROUNDING LAND USE
AND ZONING:
ZONING HISTORY:
Approximately 29 acres.
Public Lands, Business Park/Industrial
and Business Park Industrial: Low
Coverage.
Agricultural, PD/Business Park
Industrial, PD/Business Park Industrial:
Low Coverage
North: Camp Parks RFTA, Agricultural.
Vacant fields and abandoned
naval hospital, PD/Business
Park Industrial
South: Camp Parks RFTA, Agricultural.
Vacant fields, PD/Business Park
Industrial.
Vacant fields and abandoned
county jail, PD/Business Park
Industrial: Low Coverage.
The vicinity was zoned Agricultural, PD/Business Park
Industrial and PD/Business Park Industrial: Low Coverage when it
was annexed to the City in 1986 (Exhibit B).
APPLICABLE REGULATIONS:
General Plan
Government Code Section 65402(a) (Exhibit C) provides that
if a general plan or part has been adopted, no real property
shall be acquired by dedication or otherwise for street, square,
park or other public purposes, and no real property shall be
disposed of, no street shall be vacated or abandoned, and no
public building or structure shall be constructed or authorized,
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if the adopted general plan or part thereof applies thereto,
until the location, purpose and extent of such acquisition or
disposition, such street vacation or abandonment, or such public
building or structure have been submitted to and reported upon by
the planning agency (planning commission) as to conformity with
said adopted general plan or part thereof.
Zoning
Ordinance No. 25-85 (Exhibit B) established the zoning on
the property through which the road passes on October 14, 1985.
Environmental Review
A Negative Declaration has been prepared pursuant to the
California Environmental Quality Act (CEQA), State CEQA
Guidelines and the County of Alameda Environmental Guidelines.
The proposed project will not have a significant effect on the
environment. Alameda County is the lead agency with primary
responsibility for environmental review for this proposed
project.
ANALYSIS:
Description
The proposed project would consist of constructing a two
lane road on a 110 foot wide Right of Way to be dedicated by the
County of Alameda to the city of Dublin. The road would run from
the western side of the Southern Pacific Right of Way, through
Camp Parks RFTA to Hacienda Drive, south along Hacienda Drive and
east to Tassajara Road with the centerline of the 110 foot right
of way running along the southern property line of the parcel
belonging to the Immigration and Naturalization Service (Exhibit
A).
General Plan
The Public Lands, Business Park Industrial and Business Park
Industrial: Low Coverage land use designations of the General
Plan apply to the proposed Two Lane Access Road and Hacienda
Drive Extension. The general plan is therefore applicable to the
location, purpose and extent of roadways on this property.
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Location
The proposed Two Lane Access Road and Hacienda Drive
Extension would be public uses on publicly owned lands and would
provide access for land uses in the vicinity. The roads would
provide a route around the Hacienda Drive intersection with
Interstate 580 as required by law and would provide access to the
Eastern Dublin BART station. As such, with regard to location,
the roads are consistent with the Public Lands, Business Park
Industrial and Business Park Industrial: Low Coverage
designations of the General Plan.
Purpose
The proposed roads would provide access for land uses in the
vicinity, provide a route around the Hacienda Drive intersection
with Interstate 580 as required by law and would provide access
to the Eastern Dublin BART station. These uses, with regard to
purpose, would be consistent with the Public Lands, Business Park
Industrial and Business Park Industrial: Low Coverage
designations of the General Plan.
Extent
The proposed roads would be approximately 29 acres in size
and would be entirely located within the Public Lands, Business
Park Industrial and Business Park Industrial: Low Coverage
designations of the General Plan. With regard to extent, the
proposed use would be consistent with the Public Lands, Business
Park Industrial and Business Park Industrial: Low Coverage
designations of the General Plan.
Zoning
At present, the subject property is located on land zoned
Agricultural District, PD/Business Park Industrial District and
PD/Business Park Industrial: Low Coverage District. The
Agricultural District zone, the PD/Business Park Industrial
District zone and the PD/Business Park Industrial: Low Coverage
District zone allow roadways. The proposed roads are therefore
consistent with the Agricultural District zone, the PD/Business
Park Industrial District zone and the PD/Business Park
Industrial: Low Coverage District zone.
RECOMMENDATION:
FORMAT: 1) Hear the Staff presentation.
2) Take testimony from the public.
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4_ org!a
3) Question Staff and the public.
4) Deliberate.
5) Take action regarding conformity of the
proposed dedication of lands by Alameda County to
the City of Dublin for road purposes as to
location, purpose and extent with the Public
Lands, Business Park Industrial and Business Park
Industrial: Low Coverage designations of the
Dublin General Plan.
ACTION: Approve the following resolution (Exhibit D) finding
the proposed dedication of lands by Alameda County to
the City of Dublin for road purposes to be in
conformity as to location, purpose and extent with the
Public Lands, Business Park Industrial and Business
Park Industrial: Low Coverage designations of the
Dublin General Plan.
EXHIBITS:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Map showing location of lands to be dedicated by
Alameda County to the City of Dublin for road
purposes.
Ordinance 25-85.
Government Code Section 65402(a).
Resolution finding the proposed dedication of
lands by Alameda County to the City of Dublin for
road purposes to be in conformity as to location,
purpose and extent with the Public Lands,
Business Park Industrial and Business Park
Industrial: Low Coverage designations of the
Dublin General Plan.
Exhibit E: Dublin General Plan Map, Extended Planning Area
/65402LAN
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TWO LANE ACCESS ROAD
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ORDINANCE NO. 25 - 85
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE
TO PERMIT THE PREZONING OF REAL PROPERTY LOCATED TO
THE EAST OF THE EXISTING CITY LIMITS
The City Council of the City of Dublin does ordain as follows:
Section 1: Chapter 2 of Title 8 of the Dublin Ordinance
Code is hereby amended in the following manner:
The Parks Reserve Forces Training Area (Camp Parks) (APN 946-15-
1-5), the U.S. Department of Justice property and National
Aeronautics and Space Administration property located within APN
946-15-1-5, the U.S. Department of Air Force property (946-15-1-
6), the East Bay Regional Park District property (946-15-1-7) and
the northerly 320+ acres of the Alameda County property (946-15-
1-4) is hereby prezoned to an Agricultural District. The
southern portion of Alameda County property and the U.S.
Government parcel (946-15-2) are hereby prezoned to a PD/Business
Park Industrial District (400+ acres) and a PD/Business Park
Industrial: Low Coverage District (200+ acres).
Exhibit B, Findings and General Provisions concerning PA 85-018
on file in the Dublin Planning Department is hereby adopted as
the regulations for the use, improvement and maintenance of the
property within this District upon annexation to the City.
A map of the area is as follows:
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• ; , 7Regional Park ' , •
Pnrke Reserve ,/),1 . fr�{�-
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• Foreoe Training •."
Area
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BusInose Park/Industrial: Low Coverage
Business Park/Industrial
Public Lends
Section 2: This ordinance shall take effect and be
enforced (30) days from and after its passage. Before the
expiration of (15) days after its passage it shall be published
PAGE 7 OF .L .
HIBIT_ft
once with the names of the Councilmembers voting for and against
the same and in the Tri-Valley Herald a newspaper published in
Alameda County and available in the City of Dublin.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
DUBLIN ON THIS 14 TH DAY OF October , 1985.
ATTEST:
AYES:
NOES:
ABSENT: None
City e k
Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder and
Mayor Snyder
None
Ma or
PACT.
:�I
The Planning and Zoning Law
implementation, including the progress in meeting its share of regional housing needs deter-
mined pursuant to Section 65584.
(Amended by Stats. 1984, Ch. 1009; Amended by Stats. 1990, Ch. 1441.)
Review of public 65401. If a general plan or part thereof has been adopted, within such time as may be fixed by the
works projects for legislative body, each county or city officer,department,board, or commission, and each governmental
conformity with plan body, commission, or board, including the governing body of any special district or school district,
whose jurisdiction lies wholly or partially within the county or city, whose functions include
recommending, preparing plans for, or constructing, major public works, shall submit to the official
agency, as designated by the respective county board of supervisors or city council, a list of the
proposed public works recommended for planning, initiation or construction during the ensuing
fiscal year. The official agency receiving the list of proposed public works shall list and classify all
such recommendations and shall prepare a coordinated program of proposed public works for the
ensuing fiscal year. Such coordinated program shall be submitted to the county or city planning
agency for review and report to said official agency as to conformity with the adopted general plan
or part thereof.
(Amended by Stats. 1970, Ch. 1590.)
Restrictions on 65402. (a) If a general plan or part thereof has been adopted, no real property shall be acquired by
acquisition and dedication or otherwise for street, square, park or other public purposes, and no real property shall
disposal of real be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be
property constructed or authorized, if the adopted general plan or part thereof applies thereto, until the
location, purpose and extent of such acquisition or disposition, such street vacation or abandonment,
or suchpublic-bullring or structure have been submitted to and reported upon by the plannin
agency as to conformity with said adopted general plan or part thereof. The planning agency shall
ren er its report as to conformity with said adopted general plan or part thereof within forty (40) days
after the matter was submitted to it, or such longer period of time as may be designated by the
legislative body.
If the legislative body so provides, by ordinance or resolution, the provisions of this subdivision
shall not apply to: (1) the disposition of the remainder of a larger parcel which was acquired and used
in part for street purposes; (2) acquisitions, dispositions, or abandonments for street widening; or
(3) alignment projects, provided such dispositions for street purposes, acquisitions, dispositions, or
abandonments for street widening, or alignment projects are of a minor nature.
(b) A county shall not acquire real property for any of the purposes specified in paragraph (a), nor
dispose of any real property, nor construct or authorize a public building or structure, in another
county or within the corporate limits of a city, if such city or other county has adopted a general plan
or part thereof and such general plan or part thereof is applicable thereto, and a city shall not acquire
real property for any of the purposes specified in paragraph (a), nor dispose of any real property, nor
construct or authorize a public building or structure, in another city or in unincorporated territory,
if such other city or the county in which such unincorporated territory is situated has adopted a
general plan or part thereof and such general plan or part thereof is applicable thereto, until the
location, purpose and extent of such acquisition, disposition, or such public building or structure
have been submitted to and reported upon by the planning agency having jurisdiction, as to
conformity with said adopted general plan or part thereof. Failure of the planning agency to report
within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding
that the proposed acquisition, disposition, or public building or structure is in conformity with said
adopted general plan or part thereof. The provisions of this paragraph (b) shall not apply to
acquisition or abandonment for street widening or alignment projects of a minor nature if the
legislative body having the real property within its boundaries so provides by ordinance or
resolution.
(c) A local agency shall not acquire real property for any of the purposes specified in paragraph
(a) nor dispose of any real property, nor construct or authorize a public building or structure, in any
county or city, if such county or city has adopted a general plan or part thereof and such general plan
or part thereof is applicable thereto, until the location, purpose and extent of such acquisition,
disposition, or such public building or structure have been submitted to and reported upon by the
planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof.
Failure of the planning agency to report within forty (40) days after the matter has been submitted
to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public
PAGE _2_ OF 18.,
Qd . Tha Play -mina 7nnlnn end Tlavolnnmant T.awc
RESOLUTION NO. 91 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
REPORT BY THE CITY OF DUBLIN PLANNING COMMISSION AS TO CONFORMITY
OF LOCATION, PURPOSE AND EXTENT OF THE LANDS DEDICATED TO THE
CITY OF DUBLIN FOR THE TWO LANE ACCESS ROAD AND THE HACIENDA
DRIVE EXTENSION WITH THE ADOPTED GENERAL PLAN OF THE CITY OF
DUBLIN
WHEREAS, the County of Alameda Surplus Property Authority
has agreed to dedicate lands to the City of Dublin for the Two
Lane Access Road and the Hacienda Drive Extension;
WHEREAS, Section 65402 of the Government Code requires where
a general plan has been adopted and land is acquired by
dedication for street purposes and no real property shall be
disposed of, no structure shall be constructed or authorized, if
the general plan or part thereof applies thereto, until the
location, purpose and extent of such structure has been submitted
to and reported upon by the planning agency as to conformity with
said adopted general plan or part thereof;
WHEREAS, the City of Dublin General Plan was adopted on
February 11, 1985;
WHEREAS, the lands to be dedicated for the proposed Two Lane
Access Road and the Hacienda Drive Extension are located within
an area encompassed by the Extended Planning Area Map of the
Dublin General Plan;
WHEREAS, the lands to be dedicated for the proposed Two Lane
Access Road and the Hacienda Drive Extension are located within
the Public Lands, Business Park Industrial and Business Park
Industrial: Low Coverage designations of the Dublin General Plan
as indicated on the Extended Planning Area Map, the proposed
roads are consistent with regard to location with said land use
designations;
WHEREAS, the proposed Two Lane Access Road and the Hacienda
Drive Extension would be public uses on publicly owned lands,
would provide access for land uses in the vicinity, would provide
a route around the Hacienda Drive intersection with Interstate
580 as required by law and would provide access to the Eastern
Dublin BART station all uses which, with regard to purpose are
consistent with the Public Lands, Business Park Industrial and
_'_ EXIIIBITD
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Business Park Industrial: Low Coverage designations of the
Dublin General Plan as indicated on the Extended Planning Area
Map;
WHEREAS, the lands to be dedicated for the proposed Two Lane
Access Road and the Hacienda Drive Extension would be
approximately 29 acres in extent and would be entirely located
within and consistent with regard to extent with the Public
Lands, Business Park Industrial and Business Park Industrial:
Low Coverage designations of the General Plan.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
A. The General Plan of the City of Dublin is applicable to
the lands to be dedicated for the proposed Two Lane
Access Road and the Hacienda Drive Extension.
B. The lands to be dedicated for the proposed Two Lane
Access Road and the Hacienda Drive Extension are
located within the Public Lands, Business Park
Industrial and Business Park Industrial: Low Coverage
designations of the Dublin General Plan.
C. The lands proposed to be dedicated and the proposed Two
Lane Access Road and the Hacienda Drive Extension are
in conformity with the Public Lands, Business Park
Industrial and Business Park Industrial: Low Coverage
designations of the Dublin General Plan as to location,
purpose and extent.
PASSED, APPROVED AND ADOPTED this 4th day of November, 1991.
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Planning Director
/65402RES
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Planning Commission Chairperson
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