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HomeMy WebLinkAbout7/3/1995 PC Agenda PLANNING COMMISSION Regular Meeting-Dublin Civic Center Monday-7:30 p.m. 100 Civic Plaza, Council Chambers July 3, 1995 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. ADDITIONS OR REVISIONS TO THE AGENDA 5. MINUTES OF PREVIOUS MEETINGS -June 19, 1995 6. ORAL COMMUNICATION-At this time, members of the audience are permitted to address the Planning Commission on any item(s)of interest to the public; however, no ACTION or DISCUSSION shall take place on any item which is NOT on the Planning Commission Agenda. The Commission may respond briefly to statements made or questions posed, or may request Staff to report back at a future meeting concerning the matter. Furthermore, a member of the Planning Commission may direct Staff to place a matter of business on a future agenda. Any person may arrange with the Planning Director(no later than 11:00 a.m., on the Tuesday preceding a regular meeting)to have an item of concern placed on the agenda for the next regular meeting. 7. WRITTEN COMMUNICATIONS 8. PUBLIC HEARINGS 8.1 PA 95-018 Dublin Boulevard Precise Plan Line.. The project consists of the establishment of a right-of-way line for Dublin Boulevard from the eastern BART access drive to Hacienda Drive pursuant to Chapter 7.68 of the Dublin Municipal Code and a determination of conformity of location,purpose and extent of the right-of-way with the Dublin General Plan. 8.2 PA 93-012 City of Dublin Zoning Ordinance Amendment(Outdoor Sales). The City of Dublin proposes to amend the Dublin Zoning Ordinance relating to Outdoor Sales and Activities. 9. NEW OR UNFINISHED BUSINESS 10. OTHER BUSINESS (Commission/Staff Informational Only Reports) 11. ADJOURNMENT (OVER FOR PROCEDURE SUMMARY) ( CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date:July 3, 1995 TO: Planning Commission FROM: Planning Staff if PREPARED BY: Dennis Carrington,Senior Planner SUBJECT: PA 95-018, Dublin Boulevard Precise Plan Line: (1) Establishment of a right-of-way Line for Dublin Boulevard from the Eastern BART access drive to Hacienda Drive;and(2)determination of Conformity of location,purpose and extent of the above-mentioned right-of-way with the Dublin General Plan. GENERAL INFORMATION: PROJECT: The proposed project would consist of a roadway from the eastern BART access drive to Hacienda Drive(Exhibit A)with a minimum right-of-way of one hundred and forty-two(142)feet and a maximum right-of-way of one hundred and forty-eight(148)feet. The minimum paved section would be eighty-eight(88)feet and the maximum paved section would be one hundred thirteen(113)feet. The roadway would have six(6)lanes with additional left and right turn lanes as needed. The site area consists of relatively flat land lying north of the Eastern Dublin BART station. APPLICANT/ PROPERTY OWNER: County of Alameda Surplus Property Authority Alameda County Planning Department Attn: Patrick Cashman,Project Director 399 Elmhurst Street,Hayward,CA 94544 United States of America LOCATION: Dublin Boulevard from the Eastern BART access drive to Hacienda Drive. ASSESSOR PARCEL: 946-15-1-5 and 946-15-1-10 GENERAL PLAN DESIGNATION: Public Lands,Business Park Industrial and Business Park Industrial: Low Coverage. Item No.G1 Copies To: Applicant/ l Property Owner PA File Cublic Works �J. r) Senior Planner EASTERN DUBLIN SPECIFIC PLAN DESIGNATION: High Density Residential and Campus Office. EXISTING LAND USE AND ZONING: Land Use: Vacant Zoning: Agricultural District,PD/Business Park/Industrial and PD/Business Park/Industrial:Low Coverage. ZONING HISTORY: 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(Attachment 2). APPLICABLE REGULATIONS: Environmental Review A Negative Declaration has been prepared pursuant to the California Environmental Quality Act(CEQA),State CEQA Guidelines and the City of Dublin Environmental Guidelines. The proposed project will not have a significant effect on the environment. A copy of the Negative Declaration is attached to this report(Attachment 1). Establishment of Right-of-Way The establishment of right-of-way lines is regulated by Chapter 7.68 of the Municipal Code. Sections 7.68.40 and 7.68.50(Attachment 3)require right-of-way proposals to be referred to the Planning Commission and City Engineer for report and recommendation to the City Council at a public hearing. At the public hearing the Planning Commission may adopt a draft Resolution recommending City Council adoption of a Resolution of Intention to establish the right-of-way line(Exhibit C). Zoning Ordinance No.25-85(Attachment 2),passed on October 14, 1985,established the zoning on the property through which the road passes. General Plan Conformity Government Code Section 65402(a)(Attachment 4)of the Government Code states,in part,that if a General Plan has been adopted,no real property shall be acquired by dedication for street purposes until the location,purpose and extent of such acquisition has been reported upon by the planning agency(Planning Commission)as to conformity with the adopted General Plan. ANALYSIS: Environmental Analysis As stated above,Staff has prepared a Negative Declaration for this project and determined that it will not have a significant impact on the environment(Attachment 1). 2 PAGE-,A'OF Establishment of Right-of-Way Description To construct this portion of Dublin Boulevard it will be necessary to establish the right-of-way as required by the Municipal Code. The construction of this portion of Dublin Boulevard is necessary to connect the developed area of the City of Dublin with the approved Eastern Dublin Specific Plan. The location of the proposed right-of-way(see Exhibit A)is as generally shown on the Dublin General Plan(Attachment 5)and the Eastern Dublin Specific Plan(Attachment 6)and,more specifically,in the attached legal description (Attachment 7). The proposed project would consist of a roadway with a minimum right-of-way of one hundred and forty-two(142)feet and a maximum right-of-way of one hundred and forty-eight(148)feet. The minimum paved section would be eighty-eight(88)feet and the maximum paved section would be one hundred thirteen(113)feet. The roadway would have six(6)lanes with additional left and right turn lanes as needed. The roadway and right-of-way would run from the eastern BART access drive to Hacienda Drive. The site area consists of relatively flat land lying north of the Eastern Dublin BART station. This roadway would be able to accommodate approximately 50,000 average daily trips. The area which makes up the right-of-way line is presently vacant and is owned by Alameda County and the U.S.Army. Alameda County will dedicate the portion of the Dublin Boulevard right-of-way east of Arnold Road. Alameda County will be able to construct the road west of Arnold Road(through Camp Parks)by a right of entry agreement with the U.S.Army. It is estimated that the costs for design and improvement of the road will be approximately$5.5 million. General Plan Conformity Consistency of the location.'purpose and extent of the oroiect with the General Plan The proposed project would be the establishment of a right-of-way along a route provided and established within the Dublin General Plan and the Eastern Dublin Specific Plan. The right-of-way is located within lands described by the Dublin General Plan. The land along the right-of-way will be developed for roadway purposes in accordance with the requirements and purpose q of the Dublin General Plan and the Eastern Dublin Specific Plan. The proposed right-of-way is within the physical scope of the Dublin General Plan and Eastern Dublin Specific Plan and therefore its extent will be encompassed by,and consistent with,the General Plan and the Eastern Dublin Specific Plan. As such it is found that the establishment of the right-of-way is consistent with regard to location,purpose and extent with the Dublin General Plan and the Eastern Dublin Specific Plan. RECOMMENDATIONS: FORMAT: 1) Hear the Staff presentation. 2) Take testimony from the public. 3) Question Staff and the public. 4) Deliberate. 5) Adopt a draft Resolution approving the Negative Declaration for PA 95-018,Dublin Boulevard Precise Plan Line(Exhibit B) 6) Adopt a draft Resolution recommending that the City Council adopt a Resolution of Intention to establish a right-of-way 3 PAGE OF line for Dublin Boulevard from the eastern BART access drive to Hacienda Drive(Exhibit C),or give Staff and Applicant direction and continue the matter. 7) Adopt a draft Resolution reporting on the conformity of the location,purpose and extent of the establishment of the right-of-way with regard to location,purpose and extent with the Dublin General Plan and the Eastern Dublin Specific Plan (Exhibit DI,or give Staff and Applicant direction to amend the draft Resolution and adopt the amended draft Resolution. ACTION: Staff has determined that this project will not have a significant effect on the environment and has prepared a Negative Declaration of environmental impact. Staff recommends that the Planning Commission adopt a draft Resolution(Exhibit B)adopting the Negative Declaration for PA 95-018. Based on the information presented in this report,the City Engineer believes that the proposed right-of-way line is appropriate and recommends that the Planning Commission adopt a Resolution of Intention to establish a right-of-way line for Dublin Boulevard from the eastern BART access drive to Hacienda Drive(Exhibit C). Based on the above finding that the establishment of the right-of- way is consistent with regard to location,purpose and extent with the Dublin General Plan and the Eastern Dublin Specific Plan,Staff recommends that the Planning Commission adopt a draft Resolution(Exhibit D)reporting on the conformity of the location,purpose and extent of the establishment of the right-of-way with the Dublin General Plan and the Eastern Dublin Specific Plan. To approve the project as presented,a Planning Commissioner may make a motion such as: I move to adopt the draft Resolution adopting the Negative Declaration for PA 95-018;to adopt the draft Resolution recommending the City Council adopt a Resolution of Intention to establish a right-of-way for Dublin Boulevard between the eastern BART access road and Hacienda Drive;and adopt a draft Resolution reporting on the conformity of the location,purpose and extent of the establishment of the right-of-way for Dublin Boulevard between the eastern BART access road and Hacienda Drive with the Dublin General Plan and the Eastern Dublin Specific Plan. EXHIBITS: Exhibit A: Map showing right-of-way project study area and road cross-section. • Exhibit B: Draft Resolution adopting the Negative Declaration for PA 95-018. Exhibit C: Draft Resolution recommending City Council adoption of a Resolution of Intention to establish the right-of-way for Dublin Boulevard. Exhibit D: Draft Resolution reporting on the conformity of the location,purpose and extent of the establishment of the right-of-way of Dublin Boulevard with the Dublin General Plan and the Eastern Dublin Specific Plan. ATTACHMENTS: 4 0i:* Attachment 1: Negative Declaration for PA 95-018. Attachment 2: Ordinance 25-85. Attachment 3: Municipal Code Section 7.68. Attachment 4: Government Code Section 654O2(a) Attachment 5: Dublin General Plan Map,Extended Planning Area. Attachment 6: Eastern Dublin Specific Plan. Attachment 7: Legal description of right-of-way. /agstmt 5 PAGE_ OF*O i l'.li i • , 1 I! - 1 (i I! ' OF- illlli Z � I iEllili a 0 In 91III I >- a..} UI Q—/ rQ1 1 '� Q N d II j i '. H —• 111 111.i. •.•> ll. j 1 ' 'o i7r FZ ¢ • '� Ill;libi 2 J C > -==-1-1-Ar-T OV011 alON2IV - -ill:;Ix!= • r i•!;:iil! Ce C7 I„ W • II' ;I I!: S 11 I!i:Al Z .JiiV. ,31 c fl 11 11 1 — °VON SS300V 1SV3 121V9 IF — l 1 - avow SS30OV F-- 1S3M 1HV9 II;I: II I I' _.. I; I -DD %0D j I f A 142' \ \ 20' \ 44' \ 14' \ 44' \ 20' \ MEDIAN I / 20' / 12 / 12' / \ 12' \ 12 \ 20 \ 4 4 4 f f T \ 148' \ 12 \ 73' \ \ 44 \ 15 \ MEDIAN BIKE LANE !, \ 12 \5\ 12 \ 12' \ 12' \ 10'\ 10'\\ 12 \ 12 \ 20' \ DOUBLE LEFT TURN LANES & RIGHT TURN LANE (AT SELECTED INTERSECTIONS) 'LI_.05 EXHIBIT A „,. STANDARD PLAN " ` — ie u� SANTINA c STREET CROSS SECTION „. CITY OF DUHLIN THOMPSONINc. � / 1555 m.cor ur.sum 220 DUBLIN BOULEVARD On—, cam, at,o�a+00 .umme> P45>s CONroRO,.222°2.5 22.5 SCARLET DR.TO EASTERLY CITY LDQT sm_ 2 Pv 22vmoA •o wl� Putt 4.w wP.fn.-OwMa(SW)5v-wo (510)922-5200 DUBLIN CALIFORNIA >_>an RESOLUTION NO.95-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ADOPTING A NEGATIVE DECLARATION FOR PA 95-018 DUBLIN BOULEVARD PRECISE PLAN LINE ESTABLISHMENT OF A RIGHT-OF-WAY FOR DUBLIN BOULEVARD FROM THE EASTERN BART ACCESS DRIVE TO HACIENDA DRIVE WHEREAS, the City of Dublin has proposed the establishment of a right-of-way for Dublin Boulevard from the eastern BART access driveway to Hacienda Drive,and WHEREAS,the California Environmental Quality Act ICED/NI,together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impact and that environmental documents be prepared;and WHEREAS,an Initial Study was conducted finding that the project,as proposed, would not have a significant effect on the environment;and WHEREAS,a Negative Declaration has been prepared for this application and is on file in the City of Dublin Planning Department;and WHEREAS,the Planning Commission did review and use their independent judgment to consider the Negative Declaration at a public hearing on July 3rd,1995;and WHEREAS,proper notice of said public hearing was given in all respects as required by law. NOW,THEREFORE,BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. The Dublin Boulevard Precise Plan Line and establishment of a right-of-way from the eastern Bart access drive to Hacienda Drive will not have a significant effect on the environment based on review of the Initial Study and public testimony. B. The Negative Declaration has been prepared and processed in accordance with State and local environmental laws and guideline regulations. C. The Negative Declaration is complete and adequate. PAGE055 EXHIBIT 13 NOW, THEREFORE BE IT FURTHER RESOLVE THAT THE Dublin Planning Commission does hereby adopt the Negative Declaration for PA 95-018, Dublin Boulevard Precise Plan Line. PASSED,APPROVED AND ADOPTED this 3rd day of July, 1995. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director (g:\pa#\1995-018\NDreso) `....{ S5 RESOLUTION NO.95-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THE CITY COUNCIL ADOPT A RESOLUTION OF INTENTION TO ESTABLISH A RIGHT-OF-WAY LINE FOR DUBLIN BOULEVARD BETWEEN THE EASTERN BART ACCESS DRIVE AND HACIENDA DRIVE. WHEREAS, the City of Dublin has identified a need to establish additional circulation facilities to the Eastern Dublin Specific Plan area;and WHEREAS, the City of Dublin has proposed the establishment of a right-of-way for Dublin Boulevard from the eastern BART access drive to Hacienda Drive;and WHEREAS, the Planning Commission did hold a public hearing on July 3,1995;and WHEREAS, proper notice of said public hearing was given in all respects as required by law;and WHEREAS, this project has been reviewed in accordance with the provisions of the California Environmental Quality Act and a Negative Declaration of Environmental Impact has been recommended for adoption(Planning Commission Resolution 95-021)for this project, as it will have no significant effect on the environment;and WHEREAS, the Planning Commission did receive a report from the City Engineer recommending that the City of Dublin establish a right-of-way line as required by chapter 7.68 of the Dublin Municipal Code;and WHEREAS, the Staff report was submitted recommending that the Planning Commission recommend that the City Council adopt a Resolution of Intention to establish a right-of-way line;and • WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth;and WHEREAS, the right-of-way line is appropriate for the subject property in terms of being compatible with existing land uses and conforming to the underlying land use designations and because it will not overburden public services;and WHEREAS, the right-of-way line will not have a substantial adverse effect on health or safety or be substantially detrimental to the public welfare or be injurious to property or public improvements. NOW,THEREFORE,BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council adopt a Resolution of Intention to establish a right- of-way line from the eastern BART access drive to Hacienda Drive and as depicted on attached Exhibits A,B,and C. EXHIBIT C PAGED_ OF.57 PASSED,APPROVED AND ADOPTED this 3rd day of July, 1995. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director /reso2 RESOLUTION NO. 95-23 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 PROPOSED ESTABLISHMENT OF THE RIGHT- OF-WAY FOR DUBLIN BOULEVARD BETWEEN THE EASTERN BART ACCESS DRIVE AND HACIENDA DRIVE. WHEREAS, the City of Dublin has proposed the establishment of a right-of-way for Dublin Boulevard from the eastern BART access drive to Hacienda Drive;and WHEREAS, said right-of-way will pass through lands designated Public Lands, Business Park/Industrial and Business Park Industrial:Low Coverage on the Dublin General Plan;and WHEREAS, said right-of-way will pass through lands designated High Density Residential and Campus Office on the Eastern Dublin Specific Plan;and WHEREAS,Government Code Section 65402(a)of the Government Code states,in part,that if a general plan has been adopted, no real property shall be acquired by dedication for street purposes until the location,purpose and extent of such acquisition has been reported upon by the planning agency(Planning Commission)as to conformity with the adopted general plan;and WHEREAS, the City of Dublin General Plan was adopted on February 11, 1985;and WHEREAS,the property through which the proposed right-of-way passes lies within the corporate limits of the City of Dublin;and WHEREAS, the City of Dublin has adopted a General Plan and such Plan is applicable to the property through which the proposed right-of-way passes;and WHEREAS,the property through which the proposed right-of-way passes is located within an area encompassed by the lands designated Public Lands, Business Park/Industrial and Business Park Industrial:Low Coverage on the Dublin General Plan,and developed for circulation purposes in a manner consistent with those designations;and WHEREAS,the property through which the proposed right-of-way passes is to be developed for circulation purposes in accordance with the requirements and purposes of the Public Lands, Business Park/Industrial and Business Park Industrial: Low Coverage designations of the Dublin General Plan;and WHEREAS,the property through which the proposed right-of-way passes is to be developed for circulation purposes in accordance with the requirements and purposes of the High Density Residential and Campus Office designations of the Eastern Dublin Specific Plan;and WHEREAS,the property through which the proposed right-of-way passes is within the physical scope of the Dublin General Plan and the Eastern Dublin Specific Plan and therefore its extent will be encompassed by,and consistent with,the Dublin General Plan and the Eastern Dublin Specific Plan. EXHIBIT ` 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 property through which the proposed right-of-way passes. B. The property through which the proposed right-of-way passes is located within an area encompassed by the Public Lands, Business Park/Industrial and Business Park Industrial: Low Coverage designations of the Dublin General Plan,and is proposed to be developed for circulation purposes in a manner consistent with those designations,and therefore the establishment of a right-of-way across that land is consistent with regard to location with the Dublin General Plan. C. The property through which the proposed right-of-way passes is located within an area encompassed by the High Density Residential and Campus Office designations of the Eastern Dublin Specific Plan,and is proposed to be developed for circulation purposes in a manner consistent with those designations,and therefore the establishment of a right-of-way across that land is consistent with regard to location with the Eastern Dublin Specific Plan. D. The property through which the proposed right-of-way passes is proposed to be developed for circulation purposes in accordance with the requirements and purposes of the Public Lands, Business Park/Industrial and Business Park Industrial:Low Coverage designations of the Dublin General Plan,and therefore the establishment of a right-of-way across that land is consistent with regard to purpose with the Dublin General Plan. E. The property through which the proposed right-of-way passes is proposed to be developed for circulation purposes in accordance with the requirements and purposes of the High Density Residential and Campus Office designations of the Eastern Dublin Specific Plan;and therefore the establishment of a right-of-way across that land is consistent with regard to purpose with the Eastern Dublin Specific Plan. F. The property through which the proposed right-of-way passes and developed for circulation purposes is within the physical scope of the Dublin General Plan and the Eastern Dublin Specific Plan,and therefore its extent will be encompassed by the Dublin General Plan and Eastern Dublin Specific Plan,and therefore the establishment of a right-of- way across that land is consistent with regard to extent with the Dublin General Plan and Eastern Dublin Specific Plan. PASSED,APPROVED AND ADOPTED this 3rd day of July, 1995. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director /reso 1 PAGE Or 55 . --orf)( III i 0V- CITY OF DUBLIN ___ _ \\���.' 1' PO. Box 2340, Dublin, California 94568 • City Offices. 100 Civic Plaza, Dublin, California 94568 NEGATIVE DECLARATION (Prepared pursuant to City of Dublin Environmental Guidelines, Section 1 .7(c), 5.5) Description of Project: PA 95-018, Dublin Boulevard Precise Plan Line. Establishment of a right-of-way line for Dublin Boulevard from the Eastern BART access drive to Hacienda Drive. Project Location: From the Eastern BART access drive to Hacienda Drive. Name of Proponents: City of Dublin I hereby find that the above project will not have a significant adverse effect on the environment. Attached is a copy of the Initial Study ("Environmental Information Form" and "Environmental Checklist") documenting the reasons to support the above finding. 0,. ...._ Signature ' Printed Name Senior Planner Title -u--,..e_ —', 1 -i --1 S Date Attachments Date Published: June 7, 1995 Date Posted: May 31 , 1995 Date Notice Mailed: May 31, 1995 Considered by: Planning Commission on: July 3. 1995 Action on Negative Declaration: Approved Disapproved 1 Notice of Determination filed: Resolution No. AITACHMENT 1 Administration (510)833-6650 • City Council (510)833-6605 • Finance (510)833-6640 • Building Inspection (510)833-6620 Code Enforcement (510)833-6620 • Engineering (510)833-6630 • Parks&Community Service (510)833-6645 Police (510)833-6670 • Public Works (510)833-6630 • Planning (510)833-6610 i t . \� , ` CITl OF DUB . _. 10 D ,blm. Cai!ci,n 3 04568 • C.tt O t ces. 100 Civ'c P!a:a. L7.woli'l. m C3:,)o 3 0456S •TTh rl Application Name: Div LE ►� �` >,_, u A{Z-7 q_�,` k,..e �` �cA,v, � t IA..Q._ INITIAL STUDY (ENVIRONMENTAL INFORMATION FORM - PART 1) (To be completed by Applicant pursuant to City of Dublin Environmental Guidelines Section 1.6) Date Filed: r1,_, 1) (e) 4/ 5 GENERAL INFORMATION: 1. Name and address of developer or project sponsor: CCL--"-r) oe-' ,Au ,1/4._) (sic.' i✓tv'lL , Cn'-ZA,) 1)L.'L ti, CA- 44S6..0 2. Address of Project: .;+M drac‘.z- ,-, n. '_-r-, Wiz;r x,. .a v-tv--c ' 11,e L i.-,1.+ --1,,-1 3. Name, address and telephone number of person to be contacted concerning this project: 1,...- r.:ti.< 0> CIA-1� .1_`(I,7zL—• 3 (C C CI_ k01C 7) :.>. 4 ) .1)v /0141 C;i - 4 ,(.1j . Ti- t : (5ic�s FV3- - 6i0 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 5. Existing zoning district: 4-�,r; (��:Z 6. Description of Project: (Include site area, uses, size and number of buildings, parking, number of dwelling units, scheduling, and any other information necessary or helpful to understand project. This attached description must be complete and accurate. Exhibits or photographs should be identified and attached. ) 7. Are the following items applicable to the project or its effects? Discuss below all items checked (attach additional sheets as necessary) . YES NO 1. Change in existing features of any bays, tidelands, beaches, lakes or hills, or substantial alteration of ground contours. 2. Change in scenic views or vistas from existing residential areas or public lands or roads. 3. Change in pattern, scale or character :of general area of project. - _ .:1S1 333 5650 • C Counc, (4 15) 333 6605 • Fiance i..a 1�'S, 333 6e-0 • 5., 0.n� on (415) 833'6620 Code _e--en: 4 5, 633-6620 • _ng veer. 415 833.6630 • Pia7n ng 3-6610 PAGE OF . : 4151 333'6670 • PuU!C t'Jo {c 1 15 333 66_30 • Rec•e3;on t-'S) 333'6645 - JJ x 4. Significant amounts of solid waste or litter. • 5. Change in dust, ash, smoke, fumes or odors in vicinity. _ N. 6. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. X7. Substantial change in existing noise or vibration levels in the vicinity. VX 8. Site on filled land or on slope of 10 percent (10%) or more. _ /( 9. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. _ X 10. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). _ 'K 11. Substantial increase in fossil fuel consumption (electricity, \/ oil, natural gas, etc.). J� 12. Relationship to a larger project or series of projects. ENVIRONMENTAL SETTING: 8. Briefly describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic-aspects. Describe any existing structures on the site, and the use of the structures. If necessary, attach photographs of the site. k 7-G V SCE 11�r' 4<' ^{ �: O T"t%✓... ' '�J^!�P1-�-1 A 1 w(! IS 4CU fLC' C�.'l r'�al \-a�'ii.,(,1 G'a' 115 <�.(G ���,�,(�-cS r xi j9 ,a�i\'F C i-rr 9. Briefly describe the surrounding properties, including information on plants and animals, any cultural, historical or scenic aspects and the type of land use. S,.;viJuv._,L� UPS ' boa- — Wes-':' —M-I "��.,..,,_.. 17,s:.-.(_s_. ,-2� �v�l ��r��4l w•5. Gas i V Arcfek CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Dated: �� 1 I `er,; Signature Print Name n. Title/Company 2 F,'CCEIL OF 55 INITIAL STUDY (ENVIRONMENTAL CHECKLIST FORM) (Completed pursuant to City of Dublin Environmental Guidelines, Section 1.6) APPLICATION NO.: PA 95-018, Dublin Boulevard Precise Plan Line I. BACKGROUND 1. Name,Address and Phone Number of Proponent: City of Dublin. 100 Civic Plaza Dublin, CA 94568/ 2. Agency Requiring Checklist: From the Eastern BART access drive to Hacienda Drive. APN 946-15-1-5. 3. Name of Proposal, if applicable: Dublin Boulevard Precise Plan Line 4. Description of Project: The establishment of a right-of-way line for Dublin Boulevard from the Eastern BART access drive to Hacienda Drive pursuant to Chaoter 7.68 of the Dublin Municipal Code. 2Refer to appropriate note on page 8 'ti ' 95 —1— II. ENVIRONMENTAL IMPACTS (See Part III for discussion of environmental topics) YES MAYBE NO SOURCE2 1. EARTH. Will the proposal result in: X 1,3 a. Unstable earth conditions or in changes of geologic substructures? X 1,3 b. Disruptions, displacements, compaction or over covering of the soil? X 1,3 c. Change in topography or ground surface relief features? X 1,3 d. The destruction, covering or modification of any unique geologic or physical features? X 1,3 e. Any increase in wind or water erosion of soils, either on or off the site? X 1,3 f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition, or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? X 1,3 g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? 2. AIR. Will the proposal result in: X 1,3 a. Substantial air emissions of deterioration of ambient air quality? X 1,3 b. The creation of objectionable odors? X 1,3 c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? X 1,3 d. Construction or alteration of a facility within one- fourth of a mile of a school which might emit hazardous air emissions? If Yes, school district must be consulted and must be given written notification of the project not less than 30 days prior to approval of EIR or Negative Declaration (Pub. Res. Code 21151.4). 2Refer to appropriate note on page 8 II. ENVIRONMENTAL IMPACTS (See Part III for discussion of environmental topics) YES MAYBE NO SOURCE2 3. WATER. Will the proposal result in: X 1,3 a. Changes in currents, or the course of direction of water movements, in either marine or fresh waters? X 1,3 b. Changes in absorption rates, drainage patterns or the rate and amount of surface water runoff? X 1,3 c. Alterations to the course or flow of flood waters? X 1,3 d. Change in the amount of surface water in any water body? X 1,3 e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to, temperature, dissolved oxygen or turbidity? X 1,3 f. Alteration of the direction of rate of flow of ground waters? X 1,3 g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? X 1,3 h. Substantial reduction in the amount of water otherwise available for public water supplies? X 1,3 i. Exposure of people or property to water related hazards such as flooding or tidal waves? 4. PLANT LIFE. Will the proposal result in: X 1,2,3 a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? X 1,2,3 b. Reduction of the numbers of any unique, rare or endangered species of plants? X 1,2,3 c. Introduction of new species of plants in a barrier to the normal replenishment of existing species? 2Refer to appropriate note on page 8 -' II. ENVIRONMENTAL IMPACTS (See Part III for discussion of environmental topics) YES MAYBE NO SOURCE2 X 1,2,3 d. Reduction in acreage of any agricultural crop? 5. ANIMAL LIFE. Will the proposal result in: X 1,2,3 a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? X 1,2,3 b. Reduction of the numbers of any unique, rare or endangered species of animals? X 1,2,3 c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? X 1,2,3 d. Deterioration to existing fish or wildlife habitat? 6. NOISE. Will the proposal result in: X 1,2 a. Increases in existing noise levels? X 1,2,3 b. Exposure of people to severe noise levels? X 1,2,37. LIGHT AND GLARE. Will the proposal produce new light or glare? X 1,2,38. LAND USE. Will the proposal result in a substantial alteration of the present or planned land use of an area? 9. NATURAL RESOURCES. Will the proposal result in: X 1,2,3 a. Increase in the rate of use of any natural resources? X 1,2,3 b. Substantial depletion of any non-renewable natural resource? 10. RISK OF UPSET. Will the proposal involve: X 1,2,3 a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? 2Refer to appropriate note on page 8 -4- 70, ,' ' II. ENVIRONMENTAL IMPACTS (See Part III for discussion of environmental topics) YES MAYBE NO SOURCE2 X 1,2,3 b. Possible interference with an emergency response plan or an emergency evacuation plan? X 2 11. POPULATION. Will the proposal alter the location, distribution,density, or growth rate of the human population of an area? X 1,2,312. HOUSING. Will the proposal affect existing housing, or create a demand for additional housing? 13. TRANSPORTATION/CIRCULATION. Will the proposal result in: X 1,2,3 a. Generation of substantial additional vehicular movement? X 1,2,3 b. Effects on existing parking facilities, or demand for new parking? X 1,2,3 c. Substantial impact upon existing transportation and traffic systems? X 1,2,3 d. Alterations to present patterns of circulation or movement of people and/or goods? X 1,2,3 e. Alterations to waterborne, rail or air traffic? X 1,3 f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. PUBLIC SERVICES. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas? X 1,2,3 a. Fire protection? X 1,2,3 b. Police protection? X 1,2,3 c. Schools? X 1,2,3 d. Parks or other recreational facilities? X 1,2,3 e. Maintenance of public facilities, including roads? 2Refer to appropriate note on page 8 -5- II. ENVIRONMENTAL IMPACTS (See Part III for discussion of environmental topics) YES MAYBE NO SOURCE2 X 1,2,3 f. Other governmental services? 15. ENERGY. Will the proposal result in: X 1,2,3 a. Use of substantial amounts of fuel or energy? X 1,2,3 b. Substantial increase in demand upon existing sources of energy or require the development of new sources of energy? 2Refer to appropriate note on page 8 II. ENVIRONMENTAL IMPACTS (See Part III for discussion of environmental topics) YES MAYBE NO SOURCE2 16. UTILITIES. Will the proposal result in a need for new systems or substantial alterations to the following utilities: X 1,2,3 a. Power or natural gas? X 1,2,3 b. Communications systems? X 1,2,3 c. Water? X 1,2,3 d. Sewer or septic tanks? X 1,2,3 e. Storm water drainage? X 1,2,3 f. Solid waste and disposal? 17. HUMAN HEALTH. Will the proposal result in: X 1,3 a. Creation of any health hazard or potential health hazard (excluding mental health)? X 1,3 b. Exposure of people to potential health hazards? X 1,3 18. AESTHETICS. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? X 2,3 19. RECREATION. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. CULTURAL RESOURCES. X 1,2,3 a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? X 1,2,3 b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric, historic, or architecturally significant building, structure, or object? 2Refer to appropriate note on page 8 -7- i 55 II. ENVIRONMENTAL IMPACTS (See Part III for discussion of environmental topics) YES MAYBE NO SOURCE2 X 1,2,3 c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? X 1,2,3 d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 21. MANDATORY FINDINGS OF SIGNIFICANCE. X 1,2,3 a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X 1,2,3 b. Does the project have the potential to achieve short-term to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future). X 1,2,3 c. Does the project have impacts which are individually limited but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant). X 1,2,3 d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X 1,2,3 22. EIR REQUIRED BY STATUTE. Does the project involve construction of any facility which burns municipal waste or refuse-derived fuel? NOTE: If the answer is yes,then an EIR must be prepared and certified under Public Resources Code Section 21151.2(a) unless subsections (b) and (c) make that section inapplicable. 2Refer to appropriate note on page 8 II. ENVIRONMENTAL IMPACTS (See Part III for discussion of environmental topics) YES MAYBE NO SOURCE2 III. DISCUSSION OF ENVIRONMENTAL EVALUATION (See attached statement) IV. DETERMINATION On the basis of this initial evaluation: X I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION WILL BE PREPARED. I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. I find that State statute requires that an ENVIRONMENTAL IMPACT REPORT be prepared and certified. Signature Title Printed Name Date (1) Determination based on location of project. (2) Determination based on staff office review. (3) Determination based on field review. (4) Determination based on the City of Dublin General Plan. (5) Determination based on the City of Dublin Zoning Ordinance. (6) Determination based on Specific Plan. (7) Not applicable. (8) /initiai.study 2Refer to appropriate note on page 8 -9- Part II. Environmental Impacts- Explanation of Answers 1 a. Earth. Unstable earth conditions or changes of geologic substructures Impacts addressed in 1 a. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, no impacts addressed in 1 a. will occur because the roadway will be professionally designed and constructed to City standards. 1 b. Earth, Disruptions, displacements, compaction or over-covert g of the soil Impacts addressed in 1 b. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, compaction of the soil under the roadbed will occur during the construction of the road. It shall be performed pursuant to standard engineering practices and the requirements of a geotechnical report. 1 c. Earth. Change in topography or ground surface relief features Impacts addressed in 1 c. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, due to the relatively flat terrain along the right-of-way, minor changes in topography or surface relief features in topography along the roadway may occur. These minor changes may occur to topography and ground surface relief features under the roadway, but will not impact adjacent ground surface relief features. 1 d. Earth. Destruction, covering or modification of any unique geologic or physical features 2Refer to appropriate note on page 8 -10- Impacts addressed in 1 d. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, no impacts addressed in 1 d. will occur because there are not unique geologic or physical features along the right-of-way. 1 e. Earth, Increase in wind or water erosion of soils, either on or off the site Impacts addressed in 1 e. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, no impacts addressed in 1 e. will occur because the roadway will be professionally designed and constructed to City standards. 1 f. Earth. Changes in deposition or erosion of beach sands. or changes in siltation, deposition. or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake Impacts addressed in 1 f. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, no impacts addressed in 1 f. will occur because the roadway will not cross the channel of a river or stream or the bed of the ocean or any bay, inlet or lake. 1 g. Earth. Exposure of people or property to geologic hazards such as earthquakes, landslides mud slides ground failure or similar ha and Impacts addressed in 1 g. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH 2Refer to appropriate note on page 8 -II- i;,' r;-E9 No. 91103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, a portion of the site is located within an Alquist-Priolo Special Study Zone which has evidence of 3 traces of the Pleasanton Fault. Design and construction of a roadway will include a geotechnical report which precisely locates the faults. Roadway and utilities which cross the fault lines will be designed to minimize damage or loss resulting from the highest magnitude seismic occurrence anticipated for the site. No other impacts addressed in 1 g. will occur because the roadway will be professionally designed and constructed to City standards. 2 a. Air. Substantial air emissions or deterioration of ambient air quality Impacts addressed in 2 a. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, Staff has determined that the relocation of this facility from its current northerly location to the proposed location would not, in itself, result in an increase in impacts addressed in 2 a. 2 b. Air. The creation of objectionable odors Impacts addressed in 2 b. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, no objectionable odors will be created because no industrial uses will be located along the right-of-way. 2 c. Air. The alteration of air movement, moisture or temperature, or any change in climate. either locally or regionally Impacts addressed in 2 c. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not 2Refer to appropriate note on page 8 -12- have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, no alteration of air movement, moisture or temperature or any change in climate, either locally or regionally, will occur because no large or tall structures will be built as part of this project which could cause these impacts. No impacts to air movement, moisture or temperature or to climate were identified for this roadway immediately to the east by the Eastern Dublin Program EIR. 2 d. Air. Construction or alteration of a facility within one-fourth mile of a school which might emit hazardous emissions No portion of this project will be constructed within one-fourth mile of a school. 3 a. Water. Changes in currents. or the course of direction of water movements. in either marine or fresh waters Impacts addressed in 3 a. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, no impacts addressed in 3 a. will occur because the roadway will not cross either marine or fresh waters. 3 b. Water. Changes in absorption rates, drainage patterns or the rate and amount of surface water runoff Impacts addressed in 3 b. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, minor changes to absorption rates, drainage pattern or the rate of surface water runoff may occur due to construction of the road. These impacts will be very minor and reduced to a level of insignificance because the roadway will be professionally designed and constructed to City standards. 3 c. Water. Alterations to the course or flow of flood waters 2Refer to appropriate note on page 8 PA CL Oi 13 Impacts addressed in 3 c. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, no alterations to the course or flow of flood waters will occur because the road does not cross floodways and because the roadway will be professionally designed and constructed to City standards. 3 d. Water. Change in the amount of surface water in any water body Impacts addressed in 3 d. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, no change in the amount of surface water in any water body will occur because the roadway will not cross, and is not adjacent to, any water body. 3 e. Water. Discharge into surface waters, or any alteration of surface water quality, including but not limited to,temperature, dissolved oxygen or turbidity Impacts addressed in 3 e. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, no impacts in 3 e. will occur because the roadway will not cross surface waters and because the roadway will be professionally designed and constructed to City standards. 3 f. Water. Alteration of the direction of rate of flow of ground waters Impacts addressed in 3 f. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not 2Refer to appropriate note on page 8 -14- PAC 0 have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, there will be no alteration of the direction of rate or flow of ground waters because the construction of the roadway will only involve superficial grading and will not impact ground waters. 3 g. Water. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cut or excavations Impacts addressed in 3 g. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, there will be no impacts as described in 3 g. because the construction of the roadway will only involve superficial grading and will not impact ground waters. 3 h. Water. Substantial reduction in the amount of water otherwise available for public water supplies Impacts addressed in 3 h. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, there will be no impacts as described in 3 h. because the construction of the roadway will not consume public water. 3 i. Water. Exposure of people or property to water related hazards such as flooding or tidal waves Impacts addressed in 3 i. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. 2Refer to appropriate note on page 8 Fair: OF94 -15- For the portion of the project west of Arnold Road,there will be no impacts to 3 i. because the roadway will not pass through flood plain and will not be located in a coastal area. 4 a. and 5 a, Plant life and animal life. Change in the diversity of species, or the number of any species of plants (including trees, shrubs, grass. crops, and aauatic plants) or animals (including birds, land animals including reptiles, fish and shellfish. benthic organisms or insects) Impacts addressed in 4 a. and 5 a. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, the Veterans Administration National Cemetery Northern California EIR (SCH 86080507) addresses plant and animal life. That EIR states that this area has been used for agriculture, has been mowed and grazed, and has been burned during the occupancy of the site for military uses. Plant life has shifted from normal undisturbed grassland to introduced annual grasses and pioneer weed species and a corresponding change in the fauna from raptor and predators to ground squirrels and graniferous bird species. A survey revealed no endangered or threatened plant or animal species on this site. No impacts to endangered or threatened plant life or animal life will result from this portion of the project. 4 b. and 5 b. Plant life and animal life. Reduction of the numbers of any unioue, rare or endangered species of plants or animals. Impacts addressed in 4 b. and 5 b. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, the Veterans Administration National Cemetery Northern California EIR (SCH 86080507) addresses plant and animal life. That EIR states that this area has been used for agriculture, has been mowed and grazed, and has been burned during the occupancy of the site for military uses. Plant life has shifted from normal undisturbed grassland to introduced annual grasses and pioneer weed species and a corresponding change in the fauna from raptor and predators to ground squirrels and graniferous bird species. A survey revealed no endangered or threatened plant or animal species on this site. This project will not result in impacts addressed by 4 b. or 5 b. 2Refer to appropriate note on page 8 4 c. and 5 c. Plant life and animal life. Introduction of new species of plants and animals into an area or result in a barrier to the normal replenishment, migration or movement of existing species of plants and animals Impacts addressed in 4 c. and 5 c. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, the Veterans Administration National Cemetery Northern California EIR (SCH 86080507) addresses plant and animal life. That EIR states that this area has been used for agriculture, has been mowed and grazed, and has been burned during the occupancy of the site for military uses. Plant life has shifted from normal undisturbed grassland to introduced annual grasses and pioneer weed species and a corresponding change in the fauna from raptor and predators to ground squirrels and graniferous bird species. A survey revealed no endangered or threatened plant or animal species on this site. This project will not result in impacts addressed by 4 c. or 5 c. 4 d. and 5 d. Plant life and animal life. Reduction in acreage of any agricultural crop or deterioration to existing fish or wildlife habitat Impacts addressed in 4 d. and 5 d. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, the Veterans Administration National Cemetery Northern California EIR (SCH 86080507) addresses plant and animal life. That EIR states that this area has been used for agriculture, has been mowed and grazed, and has been burned during the occupancy of the site for military uses. Plant life has shifted from normal undisturbed grassland to introduced annual grasses and pioneer weed species and a corresponding change in the fauna from raptor and predators to ground squirrels and graniferous bird species. A survey revealed no endangered or threatened plant or animal species on this site. This project will not result in impacts addressed by 4 d. or 5 d because no agricultural crops are grown in this area and because this is a disturbed area and not a wildlife habitat area. 6 a. and 6 b. Noise. Increases in existing noise levels and Exposure of people to severe noise levels 2Refer to appropriate note on page 8 -17- rileZi*o Impacts addressed in 6 a. and 6 b. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, Staff has determined that the relocation of this facility from its current northerly location to the proposed location would not, in itself, result in an increase in noise impacts addressed in 6 a. and 6 b. 7. Production of new light and glare Impacts addressed in 7 for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, Staff has determined that a roadway will not produce new light and glare because all street lights will meet City standards, and because the relocation of this facility from its current northerly location to the proposed location would not, in itself, result in an increase in impacts addressed in 7. 8. Land Use Impacts addressed in 8 for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, the construction of Dublin Boulevard along its right-of-way as shown on the Dublin General Plan shows that the roadway will not have an impact to land use other than as intended by the General Plan. 9 a. and 9 b. Natural resources. Increase in the rate of use of any natural resources or substantial depletion of any non-renewable resources Impacts addressed in 9 a. and 9 b. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 2Refer to appropriate note on page 8 -18- r, 15 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, no impacts to 9 a. or 9 b. will occur because both the Eastern Dublin Program EIR and the Veterans Administration National Cemetery Northern California EIR indicate that there are no natural resources to be used or depleted along this right-of-way. 10 a. Risk of upset. A risk of an explosion or the release of hazardous substances (including, but not limited to. oil,pesticides, chemicals or radiation) in the event of an accident or upset conditions Impacts addressed in 10 a. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, Staff has determined that the relocation of this facility from its current northerly location to the proposed location would not, in itself, result in an increase in impacts addressed in 10 a. 10 b. Risk of upset. Possible interference with an emergency response plan or an emergency evacuation plan Impacts addressed in 10 b. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, Staff has determined that the relocation of this facility from its current northerly location to the proposed location would not, in itself, result in an increase in impacts addressed in 10 b. The construction of Dublin Boulevard along its planned route in the General Plan should enhance the timely evacuation of citizens in the event of upset conditions. 11. Population. Will the proposal alter the location, distribution. density, or growth rate of the human population of an area? Impacts addressed in 11. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General 2Refer to appropriate note on page 8 -19- = C ice,. Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, Staff has determined that the construction of Dublin Boulevard along the route shown in the Dublin General Plan will not have impacts to 11 because it will facilitate the implementation of the Dublin General Plan. 12. Housing. Will the proposal affect existing housing. or create a demand for additional housi g? Impacts addressed in 12. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, Staff has determined that the construction of Dublin Boulevard along the route shown in the Dublin General Plan will not have impacts to 12 because it will not impact existing housing or create a demand for additional housing because it will facilitate the implementation of the Dublin General Plan, and the housing it envisions, and will serve only areas within that General Plan. 13 a. Transportation/Circulation. Generation of substantial additional vehicular movement Impacts addressed in 13 a. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, Staff has determined that the construction of Dublin Boulevard along the route shown in the Dublin General Plan will not have impacts to 13 a. because it will facilitate the implementation of the Dublin General Plan, and the traffic it envisions, and will serve only areas within that General Plan. 13 b. Transportation/Circulation. Effects on existing parking facilities. or demand for new parking Impacts addressed in 13 b. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General 2Refer to appropriate note on page 8 —20— FrCr; Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, Staff has determined that the construction of Dublin Boulevard along the route shown in the Dublin General Plan will not have impacts to 13 b. because it will not be a land use which demands parking facilities. 13 c. Transoortation/Circulation. Substantial impact upon existing transportation and traffic systems Impacts addressed in 13 c. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, Staff has determined that the construction of Dublin Boulevard along the route shown in the Dublin General Plan will not have impacts to 13 c. because it will facilitate the implementation of the Dublin General Plan and will serve only areas within that General Plan. 13 d. Transportation/Circulation. Alterations to present patterns of circulation or movement of people and/or goods Impacts addressed in 13 d. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, Staff has determined that the construction of Dublin Boulevard along the route shown in the Dublin General Plan will not have impacts to 13 d. because it will facilitate the implementation of the Dublin General Plan, which addresses patterns of circulation or movement of people and/or goods, and will serve only areas within that General Plan. 13 e. Transportation/Circulation. Alterations to waterborne. rail or air traffic Impacts addressed in 13 e. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH 2Refer to appropriate note on page 8 —21— r,'31.r No. 91103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, Staff has determined that the construction of Dublin Boulevard along the route shown in the Dublin General Plan will not have impacts to 13 e. because it will not cross navigable waterways, railroad facilities or be located near airport facilities. 13 f. Transportation/Circulation. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians Impacts addressed in 13 f. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, Staff has determined that the construction of Dublin Boulevard along the route shown in the Dublin General Plan will not have impacts to 13 f. because the roadway will be professionally designed and constructed to City standards. 14 a. - 14 f. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in Fire Protection; Police Protection; Schools; Parks or other recreational facilities; maintenance of public facilities, including roads; and other governmental services? Impacts addressed in 14 a. - 14 f. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, Staff has determined that Dublin Boulevard along the existing route to the north of the route shown in the Dublin General Plan has only minor impacts to fire protection and police because of the nature of a roadway. Staff has determined that the relocation of this facility from its current northerly location to the proposed location would not, in itself, result in an increase in impacts to fire protection and police. The project would have no impacts to schools, parks or other recreational facilities or other governmental facilities because it will not cross through any such existing facilities. 2Refer to appropriate note on page 8 —22— • 15 a. Energy, Use of substantial amounts of fuel or energy Impacts addressed in 15 a. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, Staff has determined that the construction of Dublin Boulevard along the route shown in the Dublin General Plan will not have impacts to 15 a. because the relocation of this facility from its current northerly location to the proposed location would not, in itself, result in a substantial increase in the use of amounts of fuel or energy. 15 b. Energy. Substantial increase in demand upon existing sources of energy or require the development of new sources of energy Impacts addressed in 15 b. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, Staff has determined that the construction of Dublin Boulevard along the route shown in the Dublin General Plan will not have impacts to 15 b. because the relocation of this facility from its current northerly location to the proposed location would not, in itself, result in a substantial increase in the demand upon existing sources of energy or require the development of new sources of energy. 16 a. - 16 f. Utilities. Will the proposal result in a need for new systems or substantial alterations to power or gas utilities: communication systems: water utilities: sewer or septic tanks: storm water drainage systems: or solid waste and disposal systems? Impacts addressed in 16 a. - 16 f. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, Staff has determined that the construction of Dublin Boulevard along the route shown in the Dublin General Plan will not 2Refer to appropriate note on page 8 -23- f±_ -, have impacts to 16 a. - 16 f. because the relocation of this facility from its current northerly location to the proposed location would not, in itself, result in a need for new utilities or substantial alterations to utilities. 17 a, and 17 b. Human health. Will the proposal result in creation of any health hazard or potential health hazard or in the exposure of people to potential health hazards? Impacts addressed in 17 a. - 17 b. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, Staff has determined that the construction of Dublin Boulevard along the route shown in the Dublin General Plan will not have impacts to 17 a. and 17b. because the relocation of this facility from its current northerly location to the proposed location would not, in itself, result in creation of any health hazard or potential health hazard or in the exposure of people to potential health hazards. The new location for the roadway does not pass over any known deposits of hazardous materials. 18 Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Impacts addressed in 18 for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, Staff has determined that the construction of Dublin Boulevard along the route shown in the Dublin General Plan will not have impacts to 18 because the relocation of this facility from its current northerly location to the proposed location would not, in itself, result in the obstruction of any scenic vista or view open to the public or result in the creation of an aesthetically offensive site open to pubic view. 19 Recr a ion Will the pronosal result in an impact upon the quality or auantitv of existing recreational facilities? Impacts addressed in 19 for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General 2Refer to appropriate note on page 8 • -24- I,`:i:: n V✓ Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, Staff has determined that the construction of Dublin Boulevard along the route shown in the Dublin General Plan will not have impacts to 19 because the relocation of this facility from its current northerly location to the proposed location (which would not pass through such facilities) would not, in itself, result in an impact upon the quality or quantity of existing recreational facilities. 20 a. Cultural resources. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site Impacts addressed in 20 a. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road,the Veterans Administration National Cemetery Northern California EIR (SCH 86080507) addresses the impacts in 20 a. That EIR states that this area has been used for agriculture (including extensive cultivation with farm machinery), has been mowed and grazed, and has been burned during the occupancy of the site for military uses. The EIR determined that there were no prehistoric or historic archaeological sites in the area of the project. The project will not result in the alteration of or the destruction of a prehistoric or historic archaeological site. 20 b. and 20 c. Cultural resources. Will the proposal result in adverse physical or aesthetic effects to a prehistoric. historic, or architecturally significant building. structure, or object. or have the potential to cause a physical change which would affect unique ethnic cultural values? Impacts addressed in 20 b. and 20 c. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, the Veterans Administration National Cemetery Northern California EIR (SCH 86080507) addresses the impacts in 20 b. and 20 c. That EIR states that this area has been used for agriculture (including extensive zRefer to appropriate note on page 8 -2 5- • cultivation with farm machinery), has been mowed and grazed, and has been burned during the occupancy of the site for military uses. The EIR determined that there were no prehistoric, historic or architecturally significant building, structure or object in the area of the project. The project will not result in adverse physical or aesthetic effects to a prehistoric, historic or architecturally significant building, structure or object or have the potential to cause a physical change which would affect unique ethnic cultural values. 20 d. Cultural resources. Will the proposal restrict existi g religious or sacred uses within the potential impact area? Impacts addressed in 20 d. for the portion of the project from Arnold Road eastward were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91 103064). This Initial Study has determined that this portion of the project will not have effects which were not examined in the Program EIR. No new effects will occur and no new mitigation measures are required. For the portion of the project west of Arnold Road, the Veterans Administration National Cemetery Northern California EIR (SCH 86080507) addresses the impacts in 20 c. That EIR states that this area has been used for agriculture (including extensive cultivation with farm machinery), has been mowed and grazed, and has been burned during the occupancy of the site for military uses. The EIR determined that there were no existing religious or sacred uses in the area of the project. The project will not restrict.religious or sacred uses within the potential impact area. 2Refer to appropriate note on page 8 -26- T _ 7 55 DESCRIPTION OF PROJECT DUBLIN BOULEVARD PRECISE PLAN LINE ESTABLISHMENT OF A RIGHT-OF-WAY FOR DUBLIN BOULEVARD FROM THE EASTERN BART ACCESS DRIVE TO HACIENDA DRIVE PURSUANT TO CHAPTER 7.68 OF THE DUBLIN MUNICIPAL CODE The project consists of a roadway with a minimum right-of-way of one hundred and forty- two (142) feet and a maximum right-of-way of one hundred and forty-eight (148) feet. The minimum paved section would be eighty-eight (88) feet and the maximum paved section would be one hundred thirteen (113) feet. The roadway would have six (6) lanes with additional left and right turn lanes as needed. The roadway and right-of-way would run from the eastern BART access drive to Hacienda Drive. The site area consists of relatively flat land lying north of the Eastern Dublin BART station. 2Refer to appropriate note on page 8 —2 7— .66 .1 S:I ��ij f .1., o:) :.. .L ':'1,,S.i lyp�i .t1;.:1C�. ✓i::111 '.,�::1.•:t•9 r{.•i1'.l i�.(i'::�I'.:.. ,.1. 'i)• '').;1�1;I• � ((14h• e;`.�•• �irr.',t'°• 1�'• q i..• ' • (:f{ "L' ./ ,4 ,. rl.. 3l,.i..,f .1.,•a: � tl �!r1_^T1• n '...%1 m.:!- 1.,0,1«: ' :•.,•(, L.. at.e•b;zJ,: ":lT};:af$.�,}• f:r�'�•'0-S y•t•:.L t••.I . *-, .,',�•qq';.,1,4%i;,;kill(i ],I . ..,,:` ;AI .,; be ;, I ,.. 1=: ,,. t. . kS ''!:.i:It,�.,;. '{11��:�S�SiI�i.'•'ry�_.. °"ii;I .�. hf.`{i''f V^p�p.•i f{'., L::i,—.,:,,-.1- 1.,�;1.:�;n l..')'ii�t:"��;.1; ` Irl,t � {'L �t1,7.�t,r fig •Jr t� ..1,1" II:'q:1':}(�, �.. '}f''L{1 1 I..`)t '�.1- a .r•r ! I 1•'r • t t 1 1. I 1•V'1i I •10, 17 I.Nf,• '�, f 1,..� 1, •-1 r: tj I lr I .. 1.r•, F JJJ" t W ;1 J T. - !. ♦ 1 �f riil•..1-' •l•, I ,:.1f,1 yl° J+.F Ij \) J4�f L3 Y•1 • ! { t t' l!f t ;: f f 1. • ,:IL a,0, 111. ( •:,):1i: :'�,r1.?1`3; , r le......,.-:, '•.,t h I:•. • 1 a , 111 1 L 1 {• a. f 4 1, 1 (. 1 ': .,a • i',1) :r �I I `�j' 1.4111 (' .1�1 1f{I�1 r• A1r1 s ' ,.�l ,f .I. 'Ill'.5 I I�LI 1 ,•}� a l,G t y• '.f..1,..'w•4'LtI1:I1•{'�1'f1C YII(4: .1 ;f-`i•..i'.';•1'I3 11f• i ttS. 1 . 1 4 .11 ,. , :5. ,'vf IIf l:. I _•,' d , y II ly 1 a , Jf i 1 11 1 k7 S 11j I .J•'• ) it ., °I 1 _•'; i• ` `I' 1.1,,,}, ! ),1• I j. L.') a ,`, ,• a.. 1. It' i / , Il l a ,.l 1 ' 5, 1 1;V f..•ll.] l ,l '� 7•, "1`/. 1 i.:., ••l`.\:,,...'1I1 ,.1 .I::, r 1 I• '. r ) 1,Ja `j ram, 't-.. , 1 .1 •.h.. 1 (• i �L .,.. .•1 .. Cb.:7.Z.'LIL 41+1_L i.__41::.ri...,icw,24.v.-lL/u.�"�:i:1:.}.:.(1�i:Z.sLa.lJ:..�C1)►,..:+. ,_ -_.•l:a.J_—.��� • ORDINANCE NO. 25 - 85 AN ORDINANCE OF THE CITY OF DDBLIN AMENDING THE ZONING ORDINANCE TO.PERMIT THE PREZCNING OF REAL PROPERTY LOCATED TO • • TBE EAST OF THE EXISTING. CITY LIMES The City Council of the City of Dublin.does ordain as follows: Section 1: Chapter 2 of Title 8 of the Dublin Ordinance I Code is hereby amended in the following manner': • The Parks Reserve Forces Training Area (Camp Parks) (APN 945-15- . 1-5), the U.S. Department cf 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 Count• y 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/3usiness Park Industrial: Low Coverage District (200+ acres). • • Exhibit 8, Findings and General Provisions concerning PA 85-013 on file in the Dublin Planning Department is hereby adopted as • the regulations for the use, improvement and maintenance of the y property within this District upon annexation to the City. . A map of the area is as follows: - . • Li . • • . • • i'' uu 6 Ir • .. ' I.' . .. ,/.1 •Vua1.•pan • • • 2- Sao • • le/A satin.v I'sA•Ad..a,a:Low C. . �I V/ A au.sast PYLlcvr,... •. • 1 PuWel,ar•ea • f • 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 T A . . . t HMENT Z. • • , . . • .i- 7.68.010 Chapter 7.68 7.68.020 Definitions. For the purpose of this chapter,"build- ESTABLISHING RIGHT-OF-WAY ing"or"structure"shall be asdefined by LINES the building code of the city in Chapter 7.32, and shall also include stairways, required off-street parking facilities,any Sections: well, whether for water, oil, or other 7.68.010 Purpose. hydrocarbon products, and any under- 7.68.020 Definitions. ground storage facilities in excess of one 7.68.030 Initiation. thousand "Build- 7.68.040 Planning Commission (1,000)Fallon capacity.ing"or"structure"shall not include any report and building or structure existing on the recommendation. effective date of the ordinance codified in 7.68.050 Public hearing. this chapter,any public utility installed 7.68.060 Resolution of intention. 7.68.070 Publication and posting under authority of franchise, or any of resolution. fence.(Ord.44-87§I) 7.68.080 Hearing—Time limit. 7.68.090 Filing of protest. 7.68.030 Initiation. 7.68.100 Action by City Council. A right-of-way line may be initiated 7.68.110 Effect of right-of-way by: line. A. The verified petition of one(1)or 7.68.120 Nonconforming more owners of property affected by the structures. proposed right-of-way lines,which peti- 7.68.130 Variance procedure. Lion shall be filed with the Planning Com- 7.68.140 Yard requirements— mission and shall be accompanied by a Additional. fee in an amount set forth by the City 7.68.150 Previously established Council by resolution. Every petition right-of-way lines. shall be accompanied by a description of the streets or portions of the streets along 7.68.010 Purpose. which such right-of-way lines are sought A right-of-way line study may be to be established,a map or sketch show- established by the City Council as pro- ing the streets and relation of the pro- vided herein for the purpose of reserving posed right-of-way lines thereto, and areas for future widening,extension,or such other plans and specifications nec- creation of streets,highways,or space for essary to show the proposed use of the future utilities,pedestrian ways,fire and area affected thereby;or police emergency access,access to prop- B. Resolution of the City Council:or erty, and all public rights-of-way. (Ord. C. Resolution of the Planning Corn- 44-87§2) mission.(Ord.44-87§3) 436 ATTACHMENT 3 55 7.68.040 7.68.040 Planning Commission establishment of the proposed right-of-way report and lines may appear before the City Council recommendation. and object thereto.(Ord.44-87§ 6) Before any action shall be taken by the City Council as provided in Section 7.68.070 Publication and posting of 7.68.100 hereof, the proposal shall be re- resolution. ferred to the Planning Commission and the Such resolution described in Section City Engineer for report and recommenda- 7.68.060 shall be published or posted at [ion.(Ord.44-87§4) those places where the Council agendas are posted once at least ten(10)days before the 7.68.050 Public hearing. date of the hearing of objections to the The Planning Commission shall hold at proposal.A copy of the resolution shall be least one (I) public hearing on any pro- posted along the street or streets in front of posed right-of-way line and shall give no- each block where such right-of-way lines tice of the time and place of such public are proposed to be established at not more hearing by publishing notice thereof at least than three hundred (300) feet in distance once and by causing notices of the hearing apart, but not less than three (3) in all. to be posted along a line as near as possible Posting shall be accomplished at least ten to the planned right-of-way where such (10)days before the date of the hearing of right-of-way lines are proposed to be estab- objections to the proposal.(Ord.44-87§7) fished at not more than three hundred(300) feet in distance apart,but not less than three 7.68.080 Hearing—Time limit. (3)in all.Such publication and posting shall The time for hearing objections to such be accomplished at least five(5)days prior proposal shall be not less than fourteen(14) to the date fixed for said hearing. Upon nor more than thirty-five(35)days from the review of the report and recommendation of date of the adoption of the resolution of the City Engineer and completion of the intention described in Section 7.68.060. hearing, the Planning Commission shall (Ord.44-87§8) submit its report and recommendation to the City Council.(Ord.44-87§5) 7.68.090 Filing of protest. At any time not later than the hour set 7.68.060 Resolution of intention. for hearing objections to the establishment Upon receipt of a report and recommen- of the proposed right-of-way line,any per- dation from the Planning Commission,but son having any interest in any land upon before determining and establishing any which said right-of-way lines are proposed right-of-way lines, the City Council shall to be established may file with the City pass a resolution of intention designating Clerk a written objection to the establish- the right-of-way lines proposed to be estab- ment of said right-of-way lines.(Ord.44-87 lished. The resolution shall contain a de- §9) scription of the property affected and a notice of the hour,day,and place when and 7.68.100 Action by City Council. where any and all persons objecting to the At the time set for hearing, or at any 437 (Dublin 8-91) Likr- 7.68.100 time to which the hearing may be contin- tion and damages caused by the taking of ued,the City Council shall proceed to hear any property affected by such a variance and pass upon all protests or objections pursuant to the exercise of the right of filed pursuant hereto its decision shall be eminent domain or any other right of this final and conclusive.The City Council may city or any other action. sustain any objections and abandon such B.The provisions governing the proce- proceeding,deny any and all objections and dure for variances and appeals from the by ordinance establish said right-of-way zoning ordinance of the city shall apply to lines described in the resolution,or it may the procedures for variances and appeals deny any and all objections and by ordi- from the provisions of this chapter. (Ord. nance establish such right-of-way lines with 44-87§§ 13, 14) such changes and modifications as it shall determine to be proper.The ordinance es- 7.68.140 Yard requirements— tablishing right-of-way lines shall be record- Additional. ed by the City Clerk with the County Re- Yard and other requirements of the zon- corder.(Ord.9-91 §9;Ord.44-87§ 10) ing ordinance shall be separately applied as requirements additional to right-of-way line 7.68.110 Effect of right-of-way line. requirements required herein. All yards, Whenever any ordinance establishing any setbacks,and such regulations of the zoning right-of-way line or lines shall become ordinance of the city shall be measured effective,it shall thereafter be unlawful for from the established right-of-way lines any person,firm,partnership,corporation, herein.Notwithstanding any provision to the or other entity to construct or erect any contrary,however,that portion of any par- building or structure within the right-of-way cel that lies between established right-of- established by the newly established right- way lines shall be considered as part of the of-way line.(On!.44-87§ 11) lot area when determining the number of dwelling units that may be placed on a 7.68.120 Nonconforming structures. parcel or the percentage of lot area that may Existing buildings or structures noncon- be covered by buildings or structures.(Ord. forming to the requirements of established 44-87§ 15) right-of-way lines shall not be altered or enlarged in any manner. (Ord.44-87§ 12) 7.68.150 Previously established right-of-way lines. 7.68.130 Variance procedure. The following right-of-way lines have A. Variance may be granted from the previously been established by ordinance provisions of this chapter where unneces- prior to the adoption of this ordinance,and sary or unusual hardship is shown and the provisions of this chapter governing the where such variance will not defeat the establishment of right-of-way lines shall not purposes of the right-of-way lines estab- apply to these previously-established right- lished by this chapter, provided, that the of-way lines: applicant waives all claims for compensa- (Dublin 8-91) 438 7.68.150 Dougherty Road.From Scarlett Court "Dougherty Road Future Width Lines,Ex- north to Sierra Lane five(5)feet easterly of hibit A,November 29, 1971"on file with the existing easterly right-of-way line.From the Alameda County Planning Commission. - Sierra Lane to a point approximately one Dublin Blvd. From Silvergate Drive thousand(1,000)feet northerly of Amador easterly to Village Parkway,fifty(50)feet Valley Blvd., fifty-five (55) feet as mea- as measured from and on each side of the sured from and on each side of the existing existing centerline. centerline.From said point northerly to the Dublin Blvd. From Village Parkway Alameda County/Contra Costa County easterly to Clydesdale Road,eighty-three boundary on a curvilinear alignment to a (83)feet northerly of the existing southerly maximum of one hundred forty-five(145) right-of-way line and seventeen (17) feet feet westerly of and one hundred sixty(160) southerly of the existing southerly right-of- feet easterly of the centerline of the existing way line.(Ord.44-87§ 16) roadway as shown on the map labelled 439 (Dublin 8-92) THE PLANNING AND ZONING LAW Article 7.Administration of General Plan 65400.After the legislative body has adopted all or part of a general plan,the planning agency shall do both Implementation of of the following: plan (a)Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan,so that it will serve as an effective guide for orderly growth and development,preservation and conservation of open-space land and natural resources,and the efficient expenditure of public funds relating to the-subjects addressed in the general plan. (b)Provide an annual report,by October 1 of each year,to the legislative body,the Office of Planning Annual report and Research,and the Department of Housing and Community Development,regarding: (1)***The status of the plan and progress in its implementation,including the progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance,improvement,and development of housing pursuant to paragraph(3)of subdivision(c)of Section 65583. (2)The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2,and the date of the last revision to the general plan. (Amended by Stats.1984,Ch.1009;Amended by Stats.1990,Ch.1441;Amended by Stats.1992,Ch.1030; Amended by Stats.1993,Ch.437.Effective September 24,1993.) 65401.If a general plan or part thereof has been adopted,within such time as may be fixed by the legislative Review of public body, each county or city officer, department, board,or commission,and each governmental body, works projects for commission,or board,including the governing body of any special district or school district,whose conformity with jurisdiction lies wholly or partially within the county or city,whose functions include recommending, plan 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 tart thereof. (Amended by Stats.1970,Ch.1590.) r 65402.(a)If a general plan or part thereof has been adopted,no real property shall be acquired by dedication Restrictions on or otherwise for street,square,park or other public purposes,and no real property shall be disposed of,no acquisition and street shall be vacated or abandoned,and no public building or structure shall be constructed or authorized, disposal of real if the adopted general plan or part thereof applies thereto,until the location,purpose and extent of such property acquisition or disposition,such street vacation or abandonment,or such public building or structure havebeen submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof.The planning agency shall render 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 acity,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 AT1M14 • 3 aN p = T < - 3 ` i W • Q CC E4 Z > JUa ': i� i . •'.. J • _ r ° �"h. :::: ►ea�i4 •4 �• f �c'pp a ; - 4 $ i zs "a tep61 y . t , • tys �,1 (tt# 4ttiiik ti E- x ': .t ( { e • • .I,, T .... • , `c - . , -44.\!, • _.- - '•• +Aft s m`,,ri ri Y1 o a ;• p % A .a a c7 - tE'c • ° o 0 S� n pti. 1 e' { is . J • `1': c r '!• s1\ .„) 1, ' "*".. "'"` ... \ ,,,*•-"' , , , .', rr � � �, '� of % .' ,• 1 w• } .•' I, • yy,..ti I ,•,/.risR \I e. i r m m v l\ .f - .S - - F o 4 y -t 1 f t'— •Y $1, - I w = a. c ..• Lir) t � n oCI� e 4�4 - ;-',f ' © . aC Ilimms3 1 • I. j r • T m n • ... I ZE a 5 p e-, T e e e a m o O O C .1.m 9e _ O > U C . O e 8 O ° _ \5. ,. G C O ° ° >._ _••" ..c a '" p _ m `m° mm U m °o • a ll 'oy y _m m O o S o 0 0 0 n w y 6 0 . O p •m O [ q = ° T O 4 > o U ° eo ¢ m ca - '� 2.1 c q m 5 59 5 a• u c E I m n o c a 2 o m^ m o p d m a 0 '• o c ¢m e m F F' •-• ¢ ¢ .3 co m a a 0 i p n :_.� a 0 a a M- . -!! Figure 4.1 \ Land Use Map % Legend H Roads �•'777� RESIDENTIAL • ,•� Ru al Resldentiel/ Agriculture .Ot du/ac \® I Single Family 0.9-6.0 du/ac �� 7jr- , :::,.. � • . • , , %l�% Medium Density 6.1-14.0 dwac _ ` - �•- 1,� C Mild-HI Density 14.1-25.0 dwac 1 ::i - High Density 25.1.dwac • •:: �tC�77O7MM��MERCIAL/INDUSTRIAL YJJJ General Commercial Ea� Neighborhood Commercial II •.� f8/,I Campus Office ' ! P.V..) Industrial Perk PUBLIC/SEMI-PUBLIC IC ' �••:•` C.� /,: Public/Semi-Public I ...�...�aaaeaaaaMMMk• 0 ® Elementary School ,,: %' • ® Junior High School ....• " ' � 1� • N8 High School `(®� PARKS AND OPEN SPACE JR 77". 0 Neighborhood Square +•n '� / I Ka Neighborhood Park DDDL •-•'ve�7 ?'•'•1rk?S?.st CommunityPark r.J:A1J�JA ®91181811 ® %i Oi ION/ ',. O Open Space ��'� %�..�iai�. i EASTERN DUBLIN . Specific Plan .•.•/ IIIII MIE/p/ OIL# I ��lii �v1r • Y#0i /% % Wallace Roberts eTodd 'p .••. rvIr-mrN�• % r••o ar o'r' .r...t •♦•4•••i •0>4,.• •••4.7••• •.••4.4p••••• �.�nw�<.A a I ,.a U ,_W-I '��. NOTE: The internal system of C.. local streets shown in '' * General Commercial may be permitted by a Planned Development Zoning Process(see text for complete discussion) thisligure is .aa a ..1 = illustrative only. u N * 'Will convert to Future Study Area/Agriculture where determined Inconsistent with Livermore APA(see text for complete discussion) AUACIIMENT "EXHIBIT A" Legal Description Dublin Boulevard Right of Way To be acquired from United States of America That parcel of land in the City of Dublin,County of Alameda,State of California, described as follows: Commencing at concrete monument number 28 in the center line of Arnold Road (formerly Oxsen Road)as shown on Record of Survey No.385 filed in Book 8 of Records of Surveys at Pages 27-29 in the office of the County Recorder of said County;thence along said center line S. 1°23'35"W., 1,269.22 feet to the POINT OF BEGINNING;thence continuing S. 1°23'35"W., 142.00 feet;thence leaving said line N. 88°16'05"W.,676.83 feet to the beginning of a curve concave to the south having a radius of 1,965.00 feet;thence westerly 498.65 feet along said curve through a central angle of 14°32'23" to the southeasterly line of the 160.00-foot wide strip of land described in the Quitclaim Deed to the City of Dublin filed September 22, 1994, Document 94312570,in said office of the County Recorder,the beginning of a curve concave to the northwest having a radius of 2,065.00 feet;thence along said line from a tangent line bearing N.71°32'03"E.,northeasterly 460.96 feet along said curve through a central angle of 12°47'24"to the beginning of a curve concave to the south having a radius of 2,077.00 feet;thence leaving said southeasterly line from a tangent line bearing N.87°45'06"E.,easterly 78.12 feet along said curve through a central angle of 2°09'18";thence on a non-tangent line S.87°14'48"E.,277.49 feet;thence S.88°16'05"E.,402.50 feet to the point of beginning. Containing an area of 3.02 acres more or less. This real property description has been prepared by me,or under my direction,in conformance with the Professional Land Surveyors Act. AND StjN\ w-1 Robert Ray Vaughn i /��g��I. q G�f Licensed Land Surveyor No.5199 �, Q �y *s 5199 z Date i' fv 30 C��: rFOFCAI��Q AlTACHMEN'rTc 5 0 F a 0 O z.. \ . Nc,.LZ 8 it N ao r .Z9rZ1 m o;j—M9 N UZti • E —Z— oO ,N 1 \ .O _0 1 / 1 1 " A N \ 1 ro CI- \ ( \ O 1 N - O a o �? 1 1 \ N CA I \a9 .' \ (N.1 Q 1 i S i 5\• S 2_ir5e !=J i.) D r t?N :', \ N C•05'35-W i=/ \ o U \ a \\ N J i I n 1 I n 1 b I rs I r J U' C 2 . p Z b .n m Dm rn o m� c0 r_ D "' n-i Dm CA b O b , W Ff O U 7r I 71' m 0 O C �_ 1an N.,Z�ZD o rn0nomr Cz0 o�OOD mc� cnM > b ri„m m © �m DD00 7)mmOcnD wcvnn I m p - 142.00. " 1,269.22' �1 00-iK S 1.23'35'W • D T=- m 3)-I Z'D z ARNOLD ROAD 0 n TD3KO O-n RECORD OF SURVEY NO. 385 COUNTY OF ALAMEDA > g• BOOK 8, PAGES 27-29 , > ill . ' "EXHIBIT A" Legal Description Dublin Boulevard Right of Way To be acquired from • County of Alameda That parcel of land in the City of Dublin,County of Alameda,State of California, described as follows: Commencing at concrete monument number 28 in the center line of Arnold Road (formerly Oxsen Road)as shown on Record of Survey No. 385 filed in Book 8 of Records of Surveys at Pages 27-29 in the office of the County Recorder of said County;thence along said center line S. l°23'35"W., 1,269.22 feet to the POINT OF BEGINNING;thence leaving said line S.88°16'05"E., 1,474.41 feet;thence N.46°27'53"E.,42.62 feet;thence S. 88°48'09"E.,51.00 feet to the center line of Hacienda Drive,also known as the"Hl"Line;thence along said center line S.01°11'51"W., 101.76 feet to the intersection with the center line of Dublin Boulevard,also known as the"DC"Line;thence continuing S.01°11'51"W., 106.09 feet;thence leaving said center line of Hacienda Drive N. 88°48'09"W.,68.00 feet; thence N.43°32'07"W.,42.23 feet;thence N. 88°16'05"W.,415.30 feet;thence N. 87°01'07"W.,275.13 feet;thence N.88°16'05"W.,768.14 feet to said center line of Arnold Road;thence along said center line N.01°23'35"E., 142.00 feet to the point of beginning. Containing an area of 5.26 acres more or less. - This real property description has been prepared by me,or under my direction, in conformance with the Professional Land Surveyors Act. Robert Ray Vaughn LAND S� Licensed Land Surveyor No. 5199 �� RAY 99`°) �\ 3- Z3'95- cz 5199 Date co-36-9S P Ak_1:. FACE /_yr74 0 f a v UNITED STATES ARNOLD ROAD OF AMERICA S 1.23'35'W \ 0 10 " 142.00' \�— 1,25 .22' t� .0 2 n x O 000 m N C n O a 1m 2 -2i-� 7 O LA 71' 7 i 0 v m n ' I O O ,%7 J O M m �O 2 00 Cil �© I o a C mO wo Z u O c.n m m Z :r • r i p I� a > N, m C m 0 0 > 2 u CO N O rn > O n a rri 2 2 u pO - N Ch 2 m o O CI (nd FN' m 77' 71' u w ni m CS CD go' N ci 9C 1 N m m O C, r o ' N Cn O O O m Zm D - R CD'� I� T- -I mr-I Iu o0>m �L_ 106.09' ]01.7G _ _ �_ -nS 1'11'51'W o n n HACIENDA DRIVE ("H" LINE) r-m p3�O D03--iK o14-IZZ �� D0pp- (�� m rz D m 03 p I • CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: July 3, 1995 TO: Planning Commission FROM: Planning Staff CAC/ PREPARED BY: Tasha Huston, Associate Planner/Pe SUBJECT: PA 93-012 City of Dublin Zoning Ordinance Amendment (Outdoor Sales). GENERAL INFORMATION PROJECT: The City of Dublin proposes to amend the Dublin Zoning Ordinance relating to Outdoor Sales and Activities. APPLICANT: City of Dublin LOCATION: City-wide APPLICABLE R�G_ULATION.S ENVIRONMENTAL REVIEW: A Negative Declaration has been prepared pursuant to the California Environmental Quality Act (CEQA), State CEQA Guidelines, and the City of Dublin Environmental Guidelines. The proposed project will not have a significant effect on the environment. NOTIFICATION: Public Notices of the July 3, 1995 Planning Commission Public Hearing, as well as the City Council Hearing to be held July 25, 1995, were published in the local newspaper and posted in public buildings. BACKGROUND On March 8, 1993, the City Council received a report from the Dublin Business Task Force requesting modification to the current City policies to permit periodic outdoor sales by local businesses. Pursuant to the review of this item, the City Council initiated a Zoning Ordinance Text Amendment to permit and regulate outdoor sales events within the City. In August of 1994, the City Council reviewed a request to consider allowing espresso vending carts in the City. After discussion and input from the Chamber of Commerce, the City Council approved an expansion of the Zoning Ordinance Amendment at its August 22, 1994 meeting to consider allowing this use in the City. The Council indicated the desire to review the outdoor sales regulations of the surrounding cities in order to respond to the changing needs of the community. In the interim period, the City Council adopted Resolution No. 32-93 amending the policy on outdoor sales and permitting eligible Dublin businesses to conduct periodic outdoor sales through the Administrative Conditional Use Permit process (see attachment 1). The Planning Department has surveyed and reviewed the regulations and procedures of several nearby cities, and has met with the Chamber of Commerce Outdoor Sales Committee to receive input regarding the outdoor sales issue, and related temporary outdoor events and business ventures. As a result of this research and input, staff has prepared the following report. vTM 6.1. ANALYSIS: The following report includes, under Attachment 2, a chart which lists the outdoor sales, events, and uses addressed in the study. The chart's columns identify the City's procedure for permitting the uses. Within the chart, an "X" denotes the process currently used by the City, and an"0" denotes the proposed procedure. Outdoor Sales Events/Sidewalk Sales - established Dublin businesses Requests for outdoor sales events which take place on the site of a Dublin business with an established location are currently processed by the Planning Department through the Administrative Conditional Use Permit (ACUP) process. The Resolution establishing the procedure for and frequency of outdoor sales events by Dublin businesses allows a maximum of: (a) Once each month during the months of July, August, or September. (b) Once each calendar quarter during the rest of the year(October through June). This system allows a maximum of 6 outdoor sales events per year. The Resolution which established these requirements is included as attachment 1. The proposed revisions to the Outdoor Sales regulations for sales by established businesses mainly involves two aspects. First, the procedure for reviewing the application would be changed from an Administrative Conditional Use Permit to the Zoning Clearance process. This is the same process currently used for seasonal events such as Christmas Tree sales lots, and it requires no public hearing. Second, revisions to the regulations limiting the frequency of events would be made more flexible. Staff recommends that outdoor sales events by established businesses be allowed a maximum of 6 times per year (with no quarterly restrictions) and a maximum of 4 days per event. This would provide businesses with greater flexibility and simplicity in planning the events. Through discussions with Chamber of Commerce representatives, it appears that this would provide an adequate amount of time for individual events, and an adequate number each year. The suggested changes to the Zoning Ordinance allowing applications to be processed by Zoning Clearance are reflected in the Draft Ordinance Amendment (Exhibit A). Staff has prepared Standard Requirements for Temporary Uses, which would include outdoor sales by established businesses. These standard requirements would also apply uniformly to various temporary outdoor events such as farmer's markets, arts and crafts fairs, carnivals, and other festivals, with specific requirements for each individual event being addressed at the time of application. The Standard Requirements address issues such as signage, layout of sales/event, ancillary activities (such as music or food concessions), and the various permits necessary to operate the activity(see Exhibit D, attachment D-1). Outdoor Sales Events/Sidewalk Sales - Not related to established Dublin businesses There are currently no provisions in the Zoning Ordinance for outdoor sales or sidewalk sales by merchants who do not have an established place of business in Dublin. The City has received requests for vendors to hold sales in parking lots, vacant lots, and on sidewalks, to offer special items such as laser art, brass objects, and Levi's buy-back stands. In order to allow the opportunity for promotions of this type of merchandise, staff suggests defining the use in the Zoning Ordinance as a Conditional Use requiring a Conditional Use Permit (CUP) approved by the Zoning Administrator. The CUP process will require that the businesses and property owners within 300 feet of the site be notified of the request for the outdoor sale, and would have the opportunity to comment at a public 341 . hearing before the Zoning Administrator and state any objections to the proposal. The limitations on this type of sale would include a maximum of 2 consecutive days per event, and no business or sponsor may participate in more than 4 events during a one-year period at one site. The use would be defined as a"temporary outdoor sale not related to on-site established business", also known as a"sidewalk sale". It would be intended to provide for outdoor sales of goods which are normally not available at the proposed site, and in order to provide a public service of convenience. The sale would only be allowed for special promotions and pricing not normally offered for the goods. The sales are not intended to provide a flea-market type sale of used or outdated goods. Typical Conditions which specifically apply to outdoor sales by non-Dublin businesses have been prepared to address issues such as signage, layout of sale/event, ancillary activities (such as music or food concessions), and the various permits necessary to operate the activity (see Exhibit D, attachment D-2). Mobile Vendors The outdoor sales events mentioned above are geared toward addressing temporary parking lot and sidewalk sales which take place for a limited number of days. The City has received several requests to consider allowing outdoor food vendors, such as hot dogs, ice cream, or espresso carts, which would operate in a stationary location on an ongoing basis. These vendors have indicated the desire to locate within existing commercial shopping centers and service stations. Several of the surrounding cities were surveyed, and most have provided a mechanism for these vendors to operate in the city. Staff recommends that mobile vendors be regulated through the Conditional Use Permit process, with approval by the Zoning Administrator. Conditional Use Permits would be issued for up to one year at a time, with subsequent annual reviews and extensions if all conditions continue to be met. This would allow the City to regulate the number of food vendors located within a shopping center, as well as place appropriate conditions upon the use to ensure compatibility with adjacent businesses. Draft Typical Conditions specifically relating to mobile vendors have been developed to address issues such as signage, location of the vending operation, and the various permits necessary to operate the activity (see Exhibit D, attachment D-3). Other changes to Ordinance - Arts& Crafts Fairs, Carnivals, and Farmer's Markets Staff is also recommending that the Zoning Ordinance Amendment include revising the process by which the above Special Events are processed. Currently, these activities would require the issuance of a Conditional Use Permit approved by the Zoning Administrator. The suggested changes would allow processing by Zoning Clearance, which would significantly streamline the process by not requiring a public hearing. Standard Requirements for Special Events in general, as well as specific requirements applicable to individual activities, would be applied to the Special Event permit request (see Exhibit D). Citywide Events During the assessment of the Zoning Ordinance Provisions for outdoor sales and temporary events, the issue of city-wide events such as the St. Patrick's Day Celebration was discussed. In the past, this type of City-sponsored event has been approved by the City Council on an individual, special request basis. Staff recommends that the current processing for city-sponsored special events remain. The changes to the Dublin Zoning Ordinance discussed above would provide the opportunity to allow mobile vendors in the City where appropriate. It would also provide a more efficient review for temporary outdoor activities, with greater simplicity and flexibility for Dublin businesses. The Planning Commission has been given authority in the past to establish the Standard Requirements for Zoning 34* Clearance uses. If the Planning Commission supports the proposed changes, the Commission could approve the Standard Requirements contained in Exhibit D, and recommend approval of the Ordinance amendments by the City Council. RECOMMENDAT ONS• FORMAT: 1) Open Public Hearing 2) Hear Staff Presentation 3) Receive public testimony 4) Question Staff and the public. 5) Close public hearing and deliberate. 6) Adopt Draft Resolutions (Exhibits B, C and D) relating to PA 93-012 ACTION: Staff recommends that the Planning Commission review the attached Draft Ordinance Amendment (Exhibit A) and adopt the attached resolutions recommending the City Council's adoption of a Negative Declaration for PA 93-012 (Exhibit B), recommending the City Council's approval for the Zoning Ordinance Amendment regarding outdoor sales and activities (Exhibit C), and Approving the Standard Requirements for Special Events (Exhibit D). If the Planning Commission wishes to recommend that the City Council approve the Ordinance Amendment, and to approve the Standard Requirements as presented, a Commissioner may make a motion such as: "I move to adopt the Resolutions recommending City Council adoption of a Negative Declaration and Zoning Ordinance Amendment, and to adopt the Resolution approving Standard Requirements and Typical Conditions for Special Events, Outdoor Sales, and Mobile Vendors." ATTACHMENTS_: Exhibit A: Draft Ordinance Amendment regarding outdoor sales and activities. Exhibit B: Draft Resolution Recommending City Council Adoption of a Negative Declaration for PA 93-012 Exhibit C: Draft Resolution Recommending City Council Adoption of Zoning Ordinance Amendment Exhibit D: Draft Resolution Approving the Standard Requirements for Special Events, and Typical Conditions for Outdoor Sales not related to Dublin businesses and Mobile Vendors BACKGROUND ATTACHMENTS 1: City Council Resolution 32-93 Amending the City Council policy on outdoor sales 2: Outdoor Sales/Activities Processing chart (g:\pa#\1993\93012\SRPC7-3.) PAGE-.. : 340 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CERTAIN PROVISIONS OF THE ZONING ORDINANCE RELATING TO OUTDOOR SALES The City Council of the City of Dublin does hereby ordain as follows: I. Section 8.45.2 CONDITIONAL USES: H-1 DISTRICT of the City of Dublin Zoning Ordinance, is hereby amended to read as follows: " 8-45.2 Conditional Uses: H-1 Districts. In addition to the uses listed in Sections 8-60.60 TEMPORARY USES: CONDITIONAL USES and 8-61.0 CONDITIONAL USES: ALL DISTRICTS, the following are Conditional Uses in H-1 Districts, and shall be permitted only if approved by the Planning Commission or Zoning Administrator pursuant to Section 8-94.0 CONDITIONAL USES: A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL: 1. Retail store for the sale of gifts and supplies oriented to the needs of the patrons of hotels, motels and restaurants and of highway travelers; 2. Commercial recreation facilities, if within an enclosed building; 3. Plant nursery, greenhouse; 4. Parking lot; 5. Drive-in Theater, Drive-in Business; 6. Service Station, Type A and Type B; 7. Motel; Hotel. 8. Recreational Vehicle Park; as regulated by Article 5 of this Chapter. 9. Boat and Recreational Vehicle Storage yard. 10. Adult Entertainment Activity provided, however, that no Adult Entertainment Activity shall be located closer than 1,000 feet to the boundary of any residential zone or closer than 1,000 feet to any other Adult Entertainment Activity. B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL: 1. Outdoor Mobile Vendors, in accordance with adopted City of Dublin Standard Requirements for said use 2. Outdoor Sales Not related to On-Site Established Business, in accordance with adopted City of Dublin Standard Requirements for said use II. Sections 8-46.2.B. "3)" and "4)" are hereby added to Section 8-46.2 CONDITIONAL USES: C-O DISTRICT of the City of Dublin Zoning Ordinance, to read as follows: "3) Outdoor Mobile Vendors, in accordance with adopted City of Dublin Standard Requirements for said use 4) Outdoor Sales Not Related to On-Site Established Business, in accordance with adopted City of Dublin Standard Requirements for said use" EXHIBIT A PA LI-5° .30 M. Sections 8-47.2.B."1)"and"2)"are hereby added to Section 8-47.2 CONDITIONAL USES: C-N DISTRICTS of the City of Dublin Zoning Ordinance,to read as follows: "1) Outdoor Mobile Vendors,in accordance with adopted City of Dublin Standard Requirements for said use 2) Outdoor Sales Not Related to On-Site Established Business,in accordance with adopted City of Dublin Standard Requirements for said use" IV. Sections 8-48.2.B."2)"and"3)"are hereby added to Section 8-48.2 CONDITIONAL USES: C-1 DISTRICTS of the City of Dublin Zoning Ordinance,to read as follows: "2). Outdoor Mobile Vendors,in accordance with adopted City of Dublin Standard Requirements for said use 3) Outdoor Sales Not Related to On-Site Established Business,in accordance with adopted City of Dublin Standard Requirements for said use" V. Sections 8-49.2.B."2)"and"3)"are hereby added to Section 8-49.2 CONDITIONAL USES: C-2 DISTRICTS of the City of Dublin Zoning Ordinance,to read as follows: "2). Outdoor Mobile Vendors,in accordance with adopted City of Dublin Standard Requirements for said use 3) Outdoor Sales Not Related to On-Site Established Business,in accordance with adopted City of Dublin Standard Requirements for said use" VI. Sections 8-50.3. CONDITIONAL USES:M-P DISTRICTS of the City of Dublin Zoning Ordinance,is hereby amended to read as follows: "Section 8-50.3 CONDITIONAL USES: M-P DISTRICTS. In addition to the uses listed in Sections 8-60.60 TEMPORARY USES:CONDITIONAL USES and 8-61.0 CONDITIONAL USES:ALL DISTRICTS,the following are Conditional Uses in an M-P District,and shall be permitted only if approved by the Planning Commission or Zoning Administrator pursuant to Section 8-94.0 CONDITIONAL USES: A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL: 1. Public Utility Building,or Structure,but not including service yard,storage of materials, or vehicles,or repair facilities; 2. Parking Lot: 3. Other Uses which are found by the Zoning Administrator to meet the requirements of Section 8-50.1 of this Article. B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL: 1. Outdoor Mobile Vendors,in accordance with adopted City of Dublin Standard Requirements for said use 2. Outdoor Sales Not Related to On-Site Established Business,in accordance with adopted City of Dublin Standard Requirements for said use" l; � b P VII. Sections 8-51.3.B."3)"and"4)"are hereby added to Section 8-51.3 CONDITIONAL USES:M-1 DISTRICTS of the City of Dublin Zoning Ordinance,to read as follows: "3) Outdoor Mobile Vendors,in accordance with adopted City of Dublin Standard Requirements for said use 4) Outdoor Sales Not Related to On-Site Established Business,in accordance with adopted City of Dublin Standard Requirements for said use" VIII. Sections 8-52.2. CONDITIONAL USES:M-2 DISTRICTS of the City of Dublin Zoning Ordinance is hereby amended to read as follows: "Section 8-52.2 CONDITIONAL USES: M-2 DISTRICTS. In addition to the uses listed in Sections 8- 60.60 TEMPORARY USES:CONDITIONAL USES and 8-61.0 CONDITIONAL USES:ALL DISTRICTS,the following are Conditional Uses in an M-2 District and shall be permitted only if approved by Planning Commission or Zoning Administrator,pursuant to Section 8-94.0 CONDITIONAL USES: A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL: 1. Restaurant,retail store,or personal service establishment,when necessary to serve the needs of the occupants of existing industrial buildings or employees in the immediate vicinity: 2. Dumping,disposal,incineration or reduction of garbage,sewage,offal,dead animals or refuse; 3. Salvage Yards; 4. Manufacture or bulk storage of acid,cement,explosive materials,fireworks,fertilizer,gas, glue,gypsum,lime or plaster of Paris; 5. Abattoir,stockyard; 6. Kennel,animal hospital,menagerie(collection of wild or strange animals); 7. Drive-in Theater,amusement park,rate track; 8. Service Station,Type A or Type B; 9. Housemovers storage yard. B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL: 1. Outdoor Mobile Vendors,in accordance with adopted City of Dublin Standard Requirements for said use. 2. Outdoor Sales Not Related to On-Site Established Business,in accordance with adopted City of Dublin Standard Requirements for said use" IX. Section 8.60.60.1 TEMPORARY USES. ADMINISTRATIVE CONDITIONAL USES of the City of Dublin Zoning Ordinance is hereby amended to read as follows: "Section 8-60.60.1 TEMPORARY USES. ADMINISTRATIVE CONDITIONAL USES. In any District,minor temporary uses of land of a duration of 60 days or less,except as otherwise provided herein,having negligible or no permanent effects on the environment and that are categorically exempt from CEQA shall be permitted only if an Administrative Conditional Use Permit is approved by the Planning Director pursuant to Section 8-60.60.1.B TEMPORARY USES:ADMINISTRATIVE CONDITIONAL USES. A. Temporary Uses requiring Administrative Conditional Use Permit approval shall include,but not be limited to,the following: 1. A single newspaper recycling bin for up to one year,sponsored by a Dublin-based bona- fide church,school,neighborhood group or Dublin-based non-profit,non-restrictive civic or service organization as an accessory use to a lawfully existing principal use; 2. Firewood sales lots in the A District(but no such permit shall be approved for a period to exceed one year); 3. Mobile home occupancy for a period of 1 year during construction of permanent living quarters on the same premises in any A or R District; 4. Occupancy of a commercial office trailer for a period not to exceed one year in any C or M District; 5. Tract and sales office/model complex with accessory signs during the period of construction and original sale of the buildings or lots in a new subdivision. B. The Planning Director shall make such investigations as are necessary to determine whether or not the proposed use conforms or may be conditioned to conform to the requirements and intent of this Chapter. If from the information submitted or developed upon investigation the Planning Director finds that compliance with the requirements and intent of this Chapter will be secured, the Administrative Conditional Use Permit shall be approved. If it is found that such compliance is not secure,the Permit shall be denied or approved subject to such specified conditions,changes, or additions as will assure such compliance. The order approving,conditionally approving,or disapproving an Administrative Conditional Use Permit shall become effective five(5)days after the date of such action unless a written appeal is filed pursuant to the procedure specified in Section 8-102 APPEALS." XL Sections 8-60.60.3.TEMPORARY USES. ZONING CLEARANCE of the City of Dublin Zoning Ordinance,is hereby amended to read as follows: "Section 8-60.60.3 TEMPORARY USES. ZONING CLEARANCE. In any District,the following minor temporary uses of land of a duration of 60 days or less having negligible or no permanent effect on the environment and that are categorically exempt from CEQA shall be permitted only if Zoning Clearance is given by the Planning Director. The Planning Director shall give Zoning Clearance upon determination that the proposed use is in compliance with the City of Dublin "Standard Requirements"for said use: 1. Seasonal/Holiday Sales Lots,including,but not limited to,Christmas Tree Sales,Pumpkin Patch/Sales Lot,or other seasonal/holiday sales lot as determined by the Planning Director. 2. Special Events,including,but not limited to,Arts&Crafts Fairs,Carnivals,Farmers Markets, Festivals,Outdoor("Sidewalk")Sales/Promotional Events by Dublin businesses having an established location,Neighborhood/Church/School Festivals,Recreational Events,Expositions and Street Fairs;and Exempting City-sponsored events such as the annual St.Patrick's Day Celebration. 3. Temporary construction trailer." g9pa#\1993V3012butdord.doc So RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF A NEGATIVE DECLARATION FOR PA 93-012 ZONING ORDINANCE AMENDMENT RELATED TO OUTDOOR SALES AND ACTIVITIES WHEREAS,on March 8, 1993,the City Council received a report from the Dublin Business Task Force requesting modification to the current City policies to permit periodic outdoor sales by local businesses; and WHEREAS,pursuant to the review of this item,the City Council initiated a Zoning Ordinance Text Amendment to permit and regulate outdoor sales events within the City;and WHEREAS,on March 8, 1993 the City Council adopted Resolution No. 32-93 amending the policy on outdoor sales and permitting eligible Dublin businesses to conduct periodic outdoor sales through the Administrative Conditional Use Permit process in the interim period;and WHEREAS,on August 8, 1994,the City Council reviewed a request to consider allowing espresso vending carts in the City;and WHEREAS,after discussion and input from the Chamber of Commerce,the City Council approved an expansion of the Zoning Ordinance Amendment at its August 22, 1994 meeting to consider allowing espresso vending carts in the City;and WHEREAS, a draft ordinance has been prepared amending the Zoning Ordinance to include definitions of the various outdoor sales uses and activities and to identify these uses as Conditional Uses and Temporary Uses;and WHEREAS,the California Environmental Quality Act(CEQA), State CEQA Guidelines and City Environmental Guidelines require that certain projects be reviewed for environmental impacts and that environmental documentation be prepared;and WHEREAS,an Initial Study was conducted finding that the project would not have a significant effect on the environment;and WHEREAS,a Negative Declaration has been prepared for this project;and WHEREAS,public notice of the Negative Declaration was given in all aspects as required by State Law; and WHEREAS,the Planning Commission did review and consider the Negative Declaration at a Public Hearing on July 3, 1995. NOW,THEREFORE,BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: 1. The project will not have a significant effect on the environment. 7 EXHIBIT B 2. The Negative Declaration has been prepared and processed in accordance with State and local environmental laws and guideline requirements. 3. The Negative Declaration is complete and adequate. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council adopt the Negative Declaration for PA 93-012 Zoning Ordinance Amendment Outdoor Sales and Activities PASSED,APPROVED AND ADOPTED this 3rd day of July, 1995. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director (g:APA#\1993\93012\respcl.doc) FACE 3Q RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF PA 93-012 ZONING ORDINANCE AMENDMENT RELATED TO OUTDOOR SALES AND ACTIVITIES WHEREAS,on March 8, 1993,the City Council received a report from the Dublin Business Task Force requesting modification to the current City policies to permit periodic outdoor sales by local businesses;and WHEREAS,pursuant to the review of this item,the City Council initiated a Zoning Ordinance Text Amendment to permit and regulate outdoor sales events within the City;and WHEREAS,on March 8, 1993 the City Council adopted Resolution No. 32-93 amending the policy on outdoor sales and permitting eligible Dublin businesses to conduct periodic outdoor sales through the Administrative Conditional Use Permit process in the interim period;and WHEREAS,on August 8, 1994,the City Council reviewed a request to consider allowing espresso vending carts in the City;and WHEREAS,after discussion and input from the Chamber of Commerce,the City Council approved an expansion of the Zoning Ordinance Amendment at its August 22, 1994 meeting to consider allowing espresso vending carts in the City;and WHEREAS, a draft ordinance has been prepared amending the Zoning Ordinance to include a definition of the various outdoor sales uses and activities and to identify these uses as Conditional Uses and Temporary Uses;and WHEREAS,the Planning Commission did hold a public hearing on said draft ordinance on July 3, 1995;and WHEREAS,proper notice of said public hearing was given in all aspects as required by State Law;and WHEREAS,said draft ordinance has been reviewed in accordance with the California Environmental Quality Act(CEQA)and a Negative Declaration has been prepared for this project finding that the project would not have a significant effect on the environment;and WHEREAS,a staff report was submitted recommending the Planning Commission recommend City Council approval of said draft ordinance;and WHEREAS,the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW,THEREFORE,BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that the draft ordinance amendment is consistent with the stated purpose and objectives of the City's Zoning Ordinance,Municipal Code,and General Plan. EXHIBIT C BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council adopt PA 93-012 Zoning Ordinance Amendment Outdoor Sales and Activities. PASSED,APPROVED AND ADOPTED this 3rd day of July, 1995. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING STANDARD REQUIREMENTS FOR ZONING CLEARANCE USES("SPECIAL EVENTS") AND TYPICAL CONDITIONS FOR CONDITIONAL USES ("MOBILE VENDORS"AND"TEMPORARY OUTDOOR SALES/SIDEWALK SALES NOT RELATED TO ON-SITE ESTABLISHED BUSINESS") WHEREAS,at the March 8, 1993, City Council meeting,the Council received a report from the Dublin Business Task Force requesting modification to the current City policies to permit periodic outdoor sales by local businesses;and WHEREAS,pursuant to the review of this item,the City Council initiated a Zoning Ordinance Text Amendment to permit and regulate outdoor sales events within the City;and WHEREAS,on March 8, 1993 the City Council adopted Resolution No. 32-93 amending the policy on outdoor sales and permitting eligible Dublin businesses to conduct periodic outdoor sales through the Administrative Conditional Use Permit process in the interim period; and WHEREAS,on August 8, 1994,the City Council reviewed a request to consider allowing espresso vending carts in the City;and WHEREAS,after discussion and input from the Chamber of Commerce,the City Council approved an expansion of the Zoning Ordinance Amendment at its August 22, 1994 meeting to consider allowing espresso vending carts in the City; and WHEREAS, a draft ordinance has been prepared amending the Zoning Ordinance to include a definition of the various outdoor sales uses and activities and to identify these uses as Conditional Uses and Temporary Uses;and WHEREAS,the Planning Commission did hold a public hearing on said draft ordinance on July 3, 1995;and WHEREAS,proper notice of said public hearing was given in all aspects as required by State Law; and WHEREAS,said draft ordinance has been reviewed in accordance with the California Environmental Quality Act(CEQA)and a Negative Declaration has been prepared for this project finding that the project would not have a significant effect on the environment; and WHEREAS,a staff report was submitted recommending the Planning Commission recommend City Council approval of said draft ordinance;and WHEREAS,the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth,and the Planning Commission recommended that the City Council adopt PA 93-012 Zoning Ordinance Amendment Outdoor Sales and Activities; and . 13 30 EXHIBIT D WHEREAS,the ordinance amendment identifies"SPECIAL EVENTS"as subject to Zoning Clearance approval, and identifies"TEMPORARY OUTDOOR SALES/SIDEWALK SALES NOT RELATED TO ON-SITE ESTABLISHED BUSINESS" AND"MOBILE VENDORS" as subject to Conditional Use Permit approval by the Zoning Administrator;and WHEREAS,to implement the ordinance amendment, Standard Requirements for the above- referenced uses must be established; and WHEREAS,the staff report was submitted and recommended approval of the draft Standard Requirements for the above-referenced uses; and WHEREAS,the Planning Commission did hear and consider all said reports, recommendations, and testimony hereinabove set forth. NOW,THEREFORE,BE IT RESOLVED THAT THE Dublin Planning Commission does hereby approve the Standard Requirements for Zoning Clearance and Conditional Uses as shown on Attachments 1 through 3: 1. SPECIAL EVENTS, subject to Zoning Clearance approval 2. TEMPORARY OUTDOOR SALES/SIDEWALK SALES NOT RELATED TO ON- SITE ESTABLISHED BUSINESS, subject to Conditional Use Permit approval by the Planning Director 3. MOBILE VENDORS, subject to Conditional Use Permit approval by the Planning Director PASSED,APPROVED AND ADOPTED this 3rd day of July, 1995. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director If/ _ 30 CITY OF DUBLIN ZONING CLEARANCE STANDARD REQUIREMENTS FOR TEMPORARY USES-SPECIAL EVENTS An approved Zoning Clearance for a Special Event activity shall comply with all of the following Standard Requirements unless a requirement is specifically noted as waived and initialed by a City of Dublin Planner: 1. Each individual event shall be limited to a maximum number of consecutive days,and a maximum number of events per year,or months each year in which the event may take place. The limitations on hours and days will be established upon review of the individual event application. See below sections of Intent and Specific Requirements for applicable limitations. 2. In addition to these standard requirements,each event shall comply with the intent and specific requirements appropriate to the event category,including but not limited to Arts&Crafts Fairs, Carnivals,Outdoor Sales and Promotional events,Neighborhood/School/Church Festivals,Farmers Markets,etc. 3. Along with the information provided in the required Zoning Clearance application,a detailed description of the proposed event shall be submitted,including at a minimum: a. A list of merchandise and/or type of food to be offered for sale; b. Proposed hours of operation; c. Proposed lighting and type of power source needed; d. Any chemicals to be used. e. Certificate of Insurance naming the City of Dublin as additional insured in the amount of One Million Dollars($1,000,00.00). 4. For outdoor events,a simple site plan or drawing depicting the address and the general location of the event shall be submitted to the City of Dublin Planning Department for approval at least five(5) days prior to the event. This plan may be modified or supplemented by the Applicant upon submittal of a revised plan reviewed and approved by the Planning Director,if submitted within a reasonable amount of time prior to the event. Applications for indoor events shall identify the address where the event will be conducted. 5. All equipment and booths used at the event shall not obstruct pedestrian movement on the sidewalk, nor obstruct existing vehicular access or driver's sight distance,nor block fire protection appliances or fire lanes,and shall be kept clear of all building entrances. The event shall not cause pedestrian traffic to be shifted into the driveway or fire lane aisles. 6. Barricades(pylons,rope,vinyl tape,etc.)shall be installed around the perimeter of the event area to separate people and facilities within the area from vehicular and pedestrian traffic outside the area. 7. Where fenced enclosures are to be used,exits in the enclosure must be provided for every 200 feet of perimeter,with a minimum of 2 exits provided. 8. No event may involve facilities which make permanent changes to the area,such as bolting items to the ground or other street furnishings. 'S EXHIBIT D-1 9. Any traffic control necessary in the public right-of-way shall be reviewed and approved by the Dublin Police Services. If any public streets will be closed or significantly affected,signs shall be posted alerting motorists of parking prohibitions along the affected streets. 10. Signage to be used for and at the event shall be limited to two(2)on-site signs no larger than 24 square feet each,and shall not be erected within the public right-of-way. All signage is subject to the review and approval of the Planning Director prior to issuance of the Special Event permit.Unless otherwise approved,signs shall not be put up prior to the beginning date of the event. 11. Additional promotional signage to be placed prior to the event may be requested subject to a separate Zoning Clearance application review for Temporary Promotional Signs.Plans for any additional promotional signs for use at the event (including balloons,banners,or identification signs) shall be submitted to the Planning Director for review and approval a minimum of five(5)days prior to the beginning of the event. 12. The placement of unapproved or unauthorized signs on the site shall result in revocation of the Zoning Clearance approval. 13. Approved signs shall be attached to posts,fencing or walls so that they will be secure and will not present a safety hazard. The signs shall not block pedestrian or motor vehicle drivers'view of roads, sidewalks or the parking lots. 14. Signs having blinking,flashing,fluttering lights or any other illuminating devices that change light intensity,brightness or color are prohibited. 15. If a searchlight will be used in the event,it shall be located within the area designated for the event, and it shall not obstruct vehicular traffic on site,nor create a distraction to traffic on surrounding streets. 16. An electrical permit shall be obtained from the Dublin Building Department if any exterior lighting is to be installed. All indirect lighting shall be glare shielded. 17. The applicant shall be responsible for the cost of providing adequate traffic control and security on site. The event application and plan shall be submitted to the Dublin Police Services for review and determination of the number of personnel required to ensure safety during the event,allowing adequate review time prior to issuance of the Special Event permit. 18. Operation of the event shall be conducted so as not to create a nuisance to adjacent properties. 19. Loudspeakers or amplified music shall be prohibited prior to 10:00 a.m.or after 9:00 p.m.,and excessive noise audible off-site shall be subject to the requirements of the Dublin Police Department. 20. The event set-up shall begin no earlier than 8:00 a.m. 21. Hours for public attendance shall be no earlier than 9:00 a.m.and no later than 11:00 p.m.,or as restricted for the individual permit. 22. Adequate trash receptacles shall be provided both within and around the event activities.''LL 2 f.CEJ OF 3a 23. The site and adjacent parking lot area shall be kept free of trash and debris at all times. 24. All merchandise,fencing display equipment,debris and the like shall be removed from the site,and the site restored to a clean and orderly condition,by 8:00 a.m.the day following the last day of the event. 25. If the event includes offering alcoholic beverages for sale,the necessary permits shall be obtained and approved by the Police Department and Alcoholic Beverage Control Board prior to the event. Information necessary for approval of the permit by the Police Department must be submitted to the City at the time the Special Events Permit application is submitted. 26. Restroom facilities shall be made available to those attending the event. 27. The event location,equipment and booths shall be reviewed by and comply with the requirements of the Dougherty Regional Fire Authority(DRFA).The Applicant shall comply with the Dougherty Regional Fire Authority Outdoor Assembly Guidelines,and the following conditions: a. A 20'fire lane must be provided around the exterior of the event. This lane shall be free of parking and other obstructions at all times. b. All entrances into and out of the event area shall remain unobstructed.Temporary"No Parking/No Stopping"signs shall be posted along the driveway entrances,drive aisles and fire lanes to ensure the area is kept clear c. Vendor stands and booths may be no higher than 10 feet. d. Each vendor stand involving cooking or heating food shall be equipped with a fire extinguisher. e. If any tents are proposed to be used,the Applicant must obtain a separate permit from the DRFA for the tent,prior to its installation. The applicant must furnish to the DRFA an affidavit of the tent's flame retardency. 28. All food booths/concessions shall obtain applicable permits from the Alameda County Health Care Services Agency-Environmental Health Department,Temporary Food Permits Section(Phone Ron Berry at 567-6700)prior to the event. 29. All booths and tables shall be stable and secure. The applicant shall contact the City of Dublin Building Department to determine whether any building permits are required. Necessary permits must be obtained at least 5 days prior to the event. 30. The Applicant shall obtain a City Business License prior to the effective date of permit. 31. Any damage to public or private facilities in or around the event resulting from the special event operation shall be the responsibility of the event operators to correct. All associated costs will rest solely with the project sponsor. 32. The Zoning Clearance Application shall indicate the name of a person who will be present at the event and who shall be designated as the Event Operator. This person shall be available before and during the event and shall have authority to make decisions and changes regarding the event operation as problems arise. II 33. The applicants and Event Operator shall ensure that the event maintains compliance with all applicable laws and regulations relating to the use/event. 34. The Zoning Administrator shall make the following Required Findings prior to approving a Zoning Clearance for Special Events: a. The use is required by the public need b. The use will be properly related to other land uses and transportation and service facilities in the vicinity,and be compatible to the type and nature of operations typically found in the neighborhood. c. The event,under all circumstances and conditions of its use,will not adversely affect the Public Health,Safety,and Welfare,nor be materially detrimental to persons residing or working in the vicinity,or injurious to property or improvements in the neighborhood as all applicable regulations will be met. d. The use shall not be contrary to the specific intent clauses or performance standards established for the district in which it is to be located. e. The proposed event will not adversely affect automobile and pedestrian safety,or the provision of adequate parking on site; f. The proposed event will be aesthetically pleasing; 35. EXCEPTIONS: The Zoning Administrator may grant minor exceptions to the standard requirements and regulations,provided that the Required Findings above can still be made. 36. At any time during the effectiveness of the Zoning Clearance approval,the approval may be revocable for cause. Any violation of the terms or standard requirements for the Zoning Clearance use shall be subject to citation. 37. All Zoning Clearance decisions of the Zoning Administrator are subject to interpretation,review,and appeal as provided for in the City of Dublin Zoning Ordinance. / / ARTS&CRAFTS FAIRS-INTENT AND SPECIFIC REQUIREMENTS 1. An Arts&Crafts Fair shall be defined as a temporary event offering for sale goods and merchandise which are handmade or hand-crafted items for sale by the original artist. Fairs may only be conducted when sponsored by a Dublin-based church,school,neighborhood group,or non-profit, non-restrictive civic or service organization. 2. Each individual Arts&Crafts Fair shall be limited to a maximum of 3 consecutive days,and no business may participate in more than 6 events during a one-year period. /_/ CARNIVALS-INTENT AND SPECIFIC REQUIREMENTS 1. A carnival shall be defined as an event intended to serve a public need by providing a community service or special entertainment event for the Dublin community which is normally only provided as a temporary and/or seasonal activity. 4 C 2. Each individual carnival event shall be limited to a maximum of 2 consecutive days,and no business or sponsor may participate in more than 2 events during a one-year period. 3. Valid permits for each amusement ride shall be obtained and displayed as required by the State Department of Industrial Relations. 4. Only games of skill are permitted(games of chance are not permitted)and shall be available for inspection to the Dublin Police Department or other appropriate government agency. 5 Applicant shall submit to the City of Dublin a$500 cash or cashier's check deposit to ensure a thorough clean up of the area. /_/ FARMERS MARKETS-INTENT AND SPECIFIC REQUIREMENTS 1. Farmers Markets shall be defined as events offering for sale produce,food items,and related goods and merchandise by certified growers authorized to sell,directly to the consumer,products which are produced upon land which the producer controls. 2. Each individual Farmers Market shall be limited to a maximum number of consecutive days,and a maximum number of events per year,or months each year in which the event may take place. The limitations on hours and days will be established upon review of the individual event application. 3. If the market layout involves sales from vehicles,the event operator shall be responsible for ensuring that the vehicles are maintained in a safe and secure condition,and that the vehicles are not moved while the event is in progress without the permission of the event operator. 4. Each vendor shall provide at least one 30-gallon or larger trash receptacle adjacent to the vendor area and shall keep the immediate area neat and clean of trash,debris,and food. / / OUTDOOR SALES BY ESTABLISHED BUSINESSES-INTENT AND SPECIFIC REQUIREMENTS 1. An outdoor sale by established business shall be defined as an event which offers for sale goods and merchandise which are of the same type as the merchandise sold in the indoor established business at the site. Promotional give-aways,such as free food,are allowed if they are related and subsidiary to the actual sale. 2. Each individual outdoor sales event shall be limited to a maximum of 4 consecutive days,and no business may participate in more than 6 events during a one-year period. 3. All sales merchandise shall be brought into the store or otherwise removed at night for security purposes. g:\ord\outdoor\std-evnt.doc 80 5 CITY OF DUBLIN CONDITIONAL USE PERMIT REVIEWED BY ZONING ADMINISTRATOR TYPICAL CONDITIONS FOR TEMPORARY OUTDOOR SALES/SIDEWALK SALES NOT RELATED TO ON-SITE ESTABLISHED BUSINESS (4 EVENTS PER YEAR/2 DAYS MAXIMUM PER EVENT) An approved Conditional Use Permit for the above use shall require compliance with all of the following Standard Requirements unless a requirement is specifically noted as waived and initialed by a City of Dublin Planner: 1. Each individual outdoor sales event shall be limited to a maximum of 2 consecutive days,and no business or sponsor may participate in more than 4 events during a one-year period at one site. 2. A"temporary outdoor sale not related to on-site established business",also known as a"sidewalk sale"is intended to provide for the limited opportunity for outdoor sales of goods which are normally not available at the proposed site. The outdoor sale of goods not normally offered at that site should be in order to provide a public service of convenience,and only occur for special promotions and pricing not normally offered for the goods. The sales are not intended to provide a flea-market type sale of used or outdated goods. 3. Along with the information provided in the required Conditional Use Permit application,a detailed description of the proposed event shall be submitted,including at a minimum: a. A list of merchandise and/or type of food to be offered for sale; b. Proposed hours of operation; c. Proposed lighting and type of power source needed; d. Any chemicals to be used. e. Written authorization to operate the outdoor sales event at the proposed location,obtained from the site's property owner. f.A list of Businesses and Property owners within 300 feet of the store(if applicable),and within 300 feet of the outdoor sale site area h. Certificate of Insurance naming the City of Dublin as additional insured in the amount of One Million Dollars($1,000,00.00). 4. A simple site plan depicting the general location of the proposed area to be occupied by the event shall be submitted for to the City of Dublin Planning Department for review and approval at least five(5)days prior to the first day of the event. This plan may be modified or supplemented by the Applicant upon submittal of a revised plan reviewed and approved by the Planning Director,if submitted within a reasonable amount of time prior to the event. 5. All equipment and booths used at the event shall not obstruct pedestrian movement on the sidewalk,nor obstruct existing vehicular access or driver's sight distance,nor block fire protection appliances or fire lanes,and shall be kept clear of all building entrances. The event shall not cause pedestrian traffic to be shifted into the driveway or fire lane aisles. tV 3b EXHIBIT D-2 6. Barricades(pylons,rope,vinyl tape,etc.)shall be installed around the perimeter of the event area to separate people and facilities within the event area from vehicular and pedestrian traffic outside the area. 7. Where fenced enclosures are to be used,exits in the enclosure must be provided for every 200 feet of perimeter,with a minimum of 2 exits provided. 8. No event may involve facilities which make permanent changes to the area,such as bolting items to the ground or other street furnishings. 9. Traffic control shall be approved by the Dublin Police Services. Temporary"No Parking/No Stopping"signs shall be posted along the driveway entrances,drive aisles and fire lanes. 10. Signage to be used for the even shall be limited to two(2)on-site signs no larger than 32 square feet each,and shall not be erected within the public right-of-way.All Signage is subject to the review and approval of the Planning Director. 11. Unless otherwise approved,signs shall not be put up prior to the beginning date of the event. 12. Additional promotional signage to be placed prior to the event may be requested subject to a separate Zoning Clearance application and review for Temporary Promotional Signs. Plans for any promotional signs for use at the event (including balloons,banners,or identification signs) shall be submitted to the Planning Director for review and approval a minimum of five(5)days prior to the beginning of the event. 13. The placement of unapproved or unauthorized signs on the site shall result in revocation of the Conditional Use Permit approval. 14. Signs shall be attached to posts,fencing or walls so that they will be secure and will not present a safety hazard. The signs shall not block pedestrian or motor vehicle drivers'view of roads, sidewalks or the parking lots. 15. Signs having blinking,flashing,fluttering lights or any other illuminating devices that change light intensity,brightness or color are prohibited. 16. If a searchlight will be used in the event,it shall be located within the area designated for the event,and it shall not obstruct vehicular traffic on site,nor create a distraction to traffic on surrounding streets. 17. An electrical permit shall be obtained from the Dublin Building Department if any exterior lighting is to be installed. All indirect lighting shall be glare shielded. 18. The applicant shall be responsible for the cost of providing adequate security and traffic control on site. The event application and plan shall be submitted to the Dublin Police Services'review and approval,and to determine the number of personnel required to ensure safety during the event,allowing adequate review time prior to issuance of the special event permit. 19. Operation of the event shall be conducted so as not to create a nuisance to adjacent properties. 2 ai 30 20. Loudspeakers or amplified music shall be prohibited prior to 10:00 a.m.or after 9:00 p.m.,and excessive noise audible off-site shall be subject to the requirements of the Dublin Police Department. 21. The event set-up shall begin no earlier than 8:00 a.m. 22. Hours for public attendance shall be no earlier than 9:00 a.m.and no later than 11:00 p.m.,or as restricted by the individual permit. 23. Adequate trash receptacles shall be provided both within and around the event activities. 24. The site and adjacent parking lot area shall be kept free of trash and debris at all times. 25. All debris,merchandise,fencing display equipment and the like shall be removed from the site, and the site restored to a clean and orderly condition,by 8:00 a.m.the day following the last day of the event. Applicant shall submit to the City of Dublin a$250 cash or cashier's check deposit to ensure a thorough clean up of the area. 26. All sales merchandise shall be brought into the store or otherwise removed at night for security purposes. 27. No alcoholic beverages are to be sold at the event. 28. Restroom facilities shall be made available to those attending the event. 29. The event location,equipment and booths shall be reviewed by and comply with the requirements of the Dougherty Regional Fire Authority(DRFA). If any tents are proposed to be used,the Applicant must obtain a separate permit from the DRFA for the tent,prior to its installation. The applicant must furnish to the DRFA an affidavit of the tent's flame retardency. The Applicant shall comply with the following conditions: a. A 20'fire lane must be provided around the exterior of the event. This lane shall be free of parking and other obstructions at all times. b. Fire extinguishers shall be placed every 75'of travel. c. All tent structures shall be of flame-resistant fabric. d. Each food stand shall be equipped with a fire extinguisher. e. All entrances into and out of the event area shall remain unobstructed. 30. All food concessions shall obtain applicable permits from the Alameda County Health Care Services Agency-Environmental Health Department,Temporary Food Permits Section(Phone Ron Berry at 567-6700)prior to the event. 31. Applicants shall contact the City of Dublin Building Department to determine whether any building permits are required. Necessary permits must be obtained at least 5 days prior to the event. All booths and tables shall be stable and secure. 32. The Applicant shall obtain a City Business License prior to the effective date of permit. 3 F c 2Z,C:3O 33. The application form shall indicate the name of a person who will be present at the event and who shall be designated as the Event Operator. This person shall be available before and during the event and shall have authority to make decisions and changes regarding the event operation as problems arise. 34. The applicant and Event Operator shall ensure that the event maintains compliance with all applicable laws and regulations relating to the event. 35. Any damage to public or private facilities in or around the event resulting from the special event operation shall be the responsibility of the event operators to correct. All associated costs will rest solely with the project sponsor. 36. The Zoning Administrator shall make the following Required Findings prior to approving a Conditional Use Permit for a temporary outdoor sales event: a. The use will be properly related to other land uses and transportation and service facilities in the vicinity, and be compatible to the type and nature of operations typically found in the neighborhood. b. The event, under all circumstances and conditions of its use, will not adversely affect the Public Health, Safety, and Welfare, nor be materially detrimental to persons residing or working in the vicinity, or injurious to property or improvements in the neighborhood as all applicable regulations will be met. c. The proposed event will not adversely affect automobile and pedestrian safety, or the provision of adequate parking on site; d. The proposed event will be aesthetically pleasing; e. The use shall not be contrary to the specific intent clauses or performance standards established for the district in which it is to be located. 37. EXCEPTIONS: The Zoning Administrator may grant minor exceptions to the standard requirements and regulations, provided that the Required Findings above can still be made. 38. At any time during the effectiveness of the Conditional Use Permit approval, the approval may be revocable for cause. Any violation of the terms or standard requirements for the Conditional Use Permit use shall be subject to citation. 39. All Conditional Use Permit approvals and decisions of the Zoning Administrator are subject to interpretation, review, and appeal as provided for in the City of Dublin Zoning Ordinance. g:\ord\outdoor\std-notr.doc 4 43 30 CITY OF DUBLIN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL TYPICAL CONDITIONS FOR OUTDOOR MOBILE VENDOR ( ONGOING SALES AT STATIONARY LOCATION) An approved Conditional Use Permit for the above use shall require compliance with all of the following Standard Requirements unless a requirement is specifically noted as waived and initialed by a City of Dublin Planner: 1. Each individual outdoor mobile vendor Conditional Use Permit shall be valid for up to one year from the date approved. Renewals may be granted up to one-year at a time by the Zoning Administrator upon the submittal of a written request, so long as the Zoning Administrator can make the Required Findings for the outdoor mobile vendor. A separate permit is required for each vending location. 2. An outdoor mobile vendor defined as a person who sells or offers to sell any type of merchandise, including food and beverages, on an ongoing basis, at a fixed location on private property other than within a building or structure constructed on a permanent foundation. 3. Along with the information provided in the required Conditional Use Permit application, a detailed description of the proposed operation shall be submitted, including at a minimum: a. A list of merchandise and/or type of food to be offered for sale; b. Proposed hours of operation; c. Proposed lighting and type of power source needed; d. Any chemicals to be used. e. Written authorization to operate the vending business at the proposed location, obtained from the site's property owner. f. A list and description of Businesses and Property owners within 300 feet of the property and within 300 feet of the outdoor sale site area. g. Certificate of Insurance naming the City of Dublin as additional insured in the amount of One Million Dollars ($1,000,00.00). 4. Prior to approval of a Conditional Use Permit, a site plan illustrating the exact location of the proposed outdoor vending location shall be submitted along with a photograph or elevation drawing of the vending cart or stand. The site plan shall illustrate all building entrances/exits, hydrants, handicapped access ramps, and pedestrian crosswalks in the immediate vicinity of the proposed vendor location. An approved plan may be modified or supplemented by the Applicant upon submittal of a revised plan reviewed and approved by the Zoning Administrator. 5. A mobile vendor station shall be non-motorized, and easily moved and self supporting. At no time may vending equipment be attached, tied, or locked to trees, hydrants, benches or other permanent vertical structures. 6. A mobile vendor stand may not obstruct ingress, egress, vehicular or pedestrian traffic or fire lanes; nor shift traffic into drive or fire lane aisles; nor obstruct motor vehicle drivers' sight distance. ot, , . 30 EXHIBIT D - 3 7. A barricade(pylons,rope,vinyl tape,etc.)shall be installed around the perimeter of those portions of the vending area where needed to protect patrons from vehicular traffic. 8. Operation of the outdoor mobile vendor sales unit shall be conducted so as to create no nuisance to adjacent properties. At least one 30 gallon garbage container shall be maintained immediately adjacent to the vending location for use by customers. Vendors shall maintain their immediate sales location in a clean and hazard free condition. No vendor shall use,play,or employ any amplified music or loudspeaker or other sound device in connection with the promotion of a vending operation. 9. No vendor shall sell any merchandise to a person who is in a motor vehicle at the time of sale. 10. Every vendor shall obtain a written agreement giving the vendor and any employees the right to use permanent sanitary facilities located no more than 200 feet from the approved vending location. 11. Vendor hours of operation shall be limited as approved with the individual use permit. After the permitted hours of operation,all vending equipment shall be stored within a permanent enclosed structure on-site,or removed and stored off-site. 12. No outdoor mobile vendor may sell alcoholic beverages. 13. A valid permit from the Alameda County Health Care Services Agency-Environmental Health Department,Mobile Food Vending Unit shall be obtained prior to approval of the Conditional Use Permit(Phone Graham Phuvanat at 567-6700). 14. A City of Dublin Business License,and all necessary permits from the Dublin Building Department and Dougherty Regional Fire Authority,shall be obtained prior to approval of the Use Permit. 15. An electrical permit shall be obtained from the Dublin Building Department if any exterior lighting or other electrical outlets are to be used. All lighting shall be glare shielded. 16. All signs are subject to review and approval by the Zoning Administrator. The placement of unapproved or unauthorized signs on the site may result in revocation of Conditional Use Permit approval. 17. The maximum sign area is eight(8)square feet per vendor. All signage shall be located on the vending equipment. No off-site signage shall be permitted for a vending unit. Signs having blinking,flashing,fluttering lights or any other illuminating devices that change light intensity, brightness,or color are prohibited. 18. The applicants and vendor shall comply with all applicable laws and regulations relating to the use. 19. The Zoning Administrator shall make the following findings prior to approving a Conditional Use Permit for an Outdoor Mobile Vendor: et_ /y����./` 2 11,CE OF a. The use is required by the public need b. The use will be properly related to other land uses and transportation and service facilities in the vicinity, and be compatible to the type and nature of operations typically found in the neighborhood. c. The use, under all circumstances and conditions of its use, will not adversely affect the Public Health, Safety, and Welfare, nor be materially detrimental to persons residing or working in the vicinity, or injurious to property or improvements in the neighborhood as all applicable regulations will be met. d. The use shall not be contrary to the specific intent clauses or performance standards established for the district in which it is to be located. e. The proposed use will not adversely affect automobile and pedestrian safety, or the provision of adequate parking on site; f The proposed use will be aesthetically pleasing; 20. EXCEPTIONS: The Zoning Administrator may grant minor exceptions to the standard requirements and regulations, provided that the Required Findings above can still be made. 21. At any time during the effectiveness of the Conditional Use Permit approval, the approval may be revocable for cause. Any violation of the terms under which a Conditional Use Permit is issued shall be subject to citation. 22. All Conditional Use Permit approvals and decisions of the Zoning Administrator are subject to interpretation, review, and appeal as provided for in the City of Dublin Zoning Ordinance. RESOLUTION NO. 32 - 93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *************************** AMENDING THE CITY COUNCIL POLICY ON OUTDOOR SALES AND AUTHORIZING APPROVAL SUBJECT TO SECTION 8-60.60.1 OF THE ZONING ORDINANCE WHEREAS, In 1984, the City Council was requested to interpret the Zoning Ordinance related to the Temporary approval of outdoor sales; and WHEREAS, The City Council found that subject to Section 8-48.9 of the Zoning Ordinance all retail sales should take place within a building; and WHEREAS, The City Council expressed concern with unfair competition for those businesses which operated from a building; and WHEREAS, The City Council also noted that outdoor peddlers can generate traffic and other enforcement problems; and WHEREAS, The City Council has received a report from the Dublin Business Task Force, which encourages a modification to allow local businesses to conduct periodic outdoor sales; and WHEREAS, Section 8-60.60.1 of the City Zoning Ordinance provides for the approval of minor temporary uses through the issuance of an Administrative Conditional Use Permit (ACUP); and WHEREAS, The City Council is enacting this policy change as a temporary measure to allow for the approval of periodic outdoor sales during the time required to consider and implement a revision to the Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby declare that it has interpreted Section 8-60.60.1 of the City of Dublin Zoning Ordinance, to allow for the approval of periodic outdoor sales conducted adjacent to the individual Dublin business. BE IT FURTHER RESOLVED that any business conducting such a sale shall be required to comply with all application requirements, conditions of approval, and other City regulations. BE IT FURTHER RESOLVED that the City Council finds that an eligible business may request permission to conduct periodic outdoor sales pursuant to this policy, provided that the frequency does not exceed: (a) Once each month during the months of July, August, or September. (b) Once each three months during the following calendar quarters: First Quarter: January / February / March Second Quarter: April / May / June Fourth Quarter: October / November / December apQ ATTACHMENT 1 Any individual business which conducts outdoor sales which exceed the frequency as stated above, shall not be considered a Temporary Use subject to this policy. BE IT FURTHER RESOLVED that this resolution shall supersede previous City Council policy related to conducting of Outdoor Sales by Dublin businesses. PASSED, APPROVED AND ADOPTED this 8th day of March, 1993. AYES: Councilmembers Houston, Howard, Moffatt, and Mayor Protempore Burton. NOES: None ABSENT: Mayor Snyder Mayor Protem ore ATTEST• i Clerk OUTDOOR SALES / ACTIVITIES PROCESSING DUBLIN PROCESS NOT PERMITTED ZONING ADMINISTRATIVE CONDITIONAL CONDITIONAL PUBLIC USED PERMITTED CLEARANCE CONDITIONAL USE PERMIT- USE PERMIT- HEARING USE PERMIT ZONING PLANNING &NOTICE (ACUP) ADMINISTRATOR COMMISSION REQUIRED APPROVAL APPROVAI, MOBILE VENDORS X - 0 0 (ONGOING, STATIONARY) CHRISTMAS TREE SALES X PUMPKIN PATCH SALES X ARTS & CRAFTS FAIRS 0 X CARNIVALS 0 X SCHOOL, CHURCH, & X NEIGHBORHOOD FESTIVALS FARMERS MARKETS, X SPECIAL COMMUNITY EVENTS ON-SITE OUTDOOR SALES 0 X BY ESTABLISHED BUSINESS ie:Toys-R-Us;Target OUTDOOR SALES NOT RELATED X 0 0 TO ON-SITE ESTABLISHED BUSINESS ie:Brass;Laser Art;Levi 's CI ROVING TRUCK VENDORS X LEGEND X = Process used currently 0 = Proposed process JUNE 1995 G:\PM\1993\93012\outmtrx.doc