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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, -2- PACE a OF / a 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. -3- rAGEm�3 OF a is 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. -4- 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 -5- TWO LANE ACCESS ROAD END CONSTRUCTION OA .C.14 IKL ICrrl 13E GUN CONSTRUCTION .}AY Nr1X;`&11 431 Q.C.13r1 a Pi • 04 YLIV , PACE or LOCATION MAP 2 4. Q 0 7-7 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: Y z • • A1a . • • (/.. re Creek • ; , 7Regional Park ' , • Pnrke Reserve ,/),1 . fr�{�- e • • ' • Foreoe Training •." Area • e f • • • • . • I 6 •�: (• I • $a nla Rite l' 6 • RenaoihWnon Center • z •. D... 0 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 PACE ID OF �a 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 _2_ Planning Commission Chairperson PAGE // OF _./A o o` 0 Dublin Genera §\u%HD60 4 I % \ \ cD, Extended Planning Area f Residential/Open Space (see note) � � Blayney-Dyett. Urban and Regional Planners § PAGE OF /cN