HomeMy WebLinkAbout5.2 General Plan Conformity Review
STAFF REPORT
Planning Commission
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Agenda Item 5.2
DATE: February 24, 2026
TO: Planning Commission
SUBJECT:
Government Code Section 65402(a) General Plan Conformity Review –
Proposed City of Dublin Property Interest Transfer to Alameda County
Flood Control and Water Conservation District (Zone 7) for a Portion of
Land Along Alamo Creek within Alamo Creek Park
Prepared by: Gaspare Annibale, Senior Planner
EXECUTIVE SUMMARY:
The Planning Commission will consider making a determination that the proposed City of
Dublin property interest transfer to the Alameda County Flood Control and Water Conservation
District (Zone 7) for a portion of land along Alamo Creek, is in conformity within the General
Plan. California Government Code section 65402(a) requires the planning agency of the
jurisdiction in which said property is located must first make the finding that the disposition of
property is in conformance with the adopted General Plan of the local jurisdiction.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the General Plan Conformity Review for a Proposed City of
Dublin Property Interest Transfer to the Alameda County Flood Control and Water
Conservation District (Zone 7) for a Portion of Land Along Alamo Creek within Alamo Creek
Park.
DESCRIPTION:
Background
Alamo Creek Park includes two City-owned parcels located on either side of Alamo Creek
(Assessor Parcel Numbers (APNs) 941-2781-009-03 and 941-2781-007-03). The parcel
containing Alamo Creek bisects the park and is owned by Alameda County Flood Control and
Water Conservation District (Zone 7) (APN 941-2781-014-01). Alamo Creek is part of the
regional drainage and flood control system. The park is located at 7601 Shady Creek Road
west of Dougherty Road between Willow Creek Drive and Wildwood Road (See Figure 1
below).
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Figure 1. Location Map
As part of the City’s Alamo Creek Fence Replacement Project, a land survey identified a
discrepancy between the property line and the existing fence along the eastern bank of Alamo
Creek. The survey showed that a narrow 5,855-square-foot strip of land (APN 941-2781-007-
03), owned by the City as part of Alamo Creek Park, lies on the creek side of the fence and
was previously thought to be part of Zone 7 property. Both the City and Zone 7 propose a
property line adjustment to align the property line with the existing fence by transferring the
narrow strip from City ownership to Zone 7 ownership.
Zone 7 serves as the Tri-Valley’s county flood control and water management agency with
authority to own, operate, and maintain flood control channels, stream corridors, and related
facilities within its service area, including Alamo Creek. Because the subject strip lies within the
active creek corridor and is functionally part of the flood control channel, transferring it to Zone
7 would place the land under the ownership of the agency responsible for maintaining channel
capacity, bank stabilization, vegetation management, and long-term flood protection. Since the
proposed transfer would constitute a disposition of public property, Government Code section
65402(a) requires the Planning Commission to make a finding that the proposed transfer is
consistent with the City’s General Plan.
CONSISTENCY WITH THE DUBLIN GENERAL PLAN:
The Dublin General Plan Land Use Map identifies the location of land uses and a circulation
system to serve those land uses at full build -out which is expected to occur in 2035. The
Alamo Creek Park has a General Plan land use designation of Parks/Public Recreation and
Alamo Creek is identified on the land use map as a Stream Corridor. Under subsection 1.8.1.5
Primary Planning Area, the Open Space land use designation includes stream protection
corridors.
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Furthermore, under Chapter 7 – Environmental Resources Management: Conservation
Element, subsection 7.2.1 includes the following Guiding and Implementing Policies for Stream
Corridors that require the following:
A. Guiding Policies
1. Protect riparian vegetation as a protective buffer for stream quality and for its value
as a habitat and aesthetic resource.
2. Promote access to stream corridors for passive recreational use and to allow stream
maintenance and improvements as necessary, while respecting the privacy of
owners of property abutting stream corridors.
B. Implementing Policies
1. Enforce Watercourse Ordinance 52-87 for developed areas of the city.
2. Require open stream corridors of adequate width to protect all riparian vegetation,
improve access, and prevent flooding caused by blockage of streams.
3. Require revegetation of creek banks with species characteristic of local riparian
vegetation, where construction requires creekbank alteration.
The City of Dublin’s proposed transfer of property interest to Zone 7 is consistent with the
General Plan’s goals for riparian protection, stream corridor access, flood management, and
regulatory enforcement. Aligning the property line with Zone 7’s operational boundary will
reflect the existing use and maintenance responsibilities for the creek corridor, thereby
supporting the General Plan policies concerning flood management, public safety, and
coordinated infrastructure management. Furthermore, facilitating coordinated public
management of the stream corridor furthers the goals of both the Guiding and Implementing
policies of the Dublin General Plan and the General Plan’s Conservation Element. Accordingly,
Staff concludes that the proposed transfer of the narrow strip of land to Zone 7, which will
continue to be used as a stream corridor, is consistent with the Dublin General Plan and
satisfies the requirements of Government Code section 65402(a).
ENVIRONMENTAL DETERMINATION:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15378(b)(2),
the General Plan conformity determination does not constitute a “project” because it will not
result in any direct or reasonably foreseeable indirect physical changes to the environment.
The land will continue to function as a stream corridor, and no construction or alteration of the
site is proposed. Therefore, no further environmental review under CEQA is required.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The Planning Commission Agenda was timely posted.
ATTACHMENTS:
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1) Attachment 1 - Resolution Approving the General Plan Conformity Review for a Proposed
City of Dublin Property Interest Transfer to the Alameda County Flood Control and Water
Conservation District (Zone 7) for a Portion of Land Along Alamo Creek within Alamo Creek
Park
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Attachment 1
Reso. No. 26-XX, Item X.X, Adopted XX/XX/2026 Page 1 of 2
RESOLUTION NO. 26 – XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING THE GENERAL PLAN CONFORMITY REVIEW FOR A PROPOSED CITY OF
DUBLIN PROPERTY INTEREST TRANSFER TO ALAMEDA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
(ZONE 7) FOR A PORTION OF LAND ALONG ALAMO CREEK WITHIN ALAMO CREEK PARK
(APNS 941-2781-009-03, 941-2781-007-03, AND 941-2781-014-01)
WHEREAS, Alamo Creek Park includes two City-owned parcels located on either side of Alamo
Creek (Assessor Parcel Numbers (APNs) 941-2781-009-03 and 941-2781-007-03). The parcel
containing Alamo Creek bisects the park and is owned by Alameda County Flood Control and Water
Conservation District (Zone 7) (APN 941-2781-014-01); and
WHEREAS, the park is located at 7601 Shady Creek Road west of Dougherty Road between
Willow Creek Drive and Wildwood Road; and
WHEREAS, as part of the City’s Alamo Creek Fence Replacement Project, a land survey
identified a discrepancy between the property line and the existing fence along the eastern bank of
Alamo Creek; and
WHEREAS, the survey showed that a narrow 5,855-square-foot strip of land (APN 941-2781-
007-03), owned by the City as part of Alamo Creek Park, lies on the creek side of the fence and was
previously thought to be part of Zone 7 property. Both the City and Zone 7 propose a property line
adjustment to align the property line with the existing fence by transfe rring the narrow strip from City
ownership to Zone 7 ownership; and
WHEREAS, because the subject strip lies within the active creek corridor and is functionally part
of the flood control channel, transferring it to Zone 7 would place the land under the o wnership of the
agency responsible for maintaining channel capacity, bank stabilization, vegetation management, and
long-term flood protection; and
WHEREAS, since the proposed transfer would constitute a disposition of public property,
Government Code section 65402(a) requires the Planning Commission to make a finding that the
proposed transfer is consistent with the City’s General Plan; and
WHEREAS, the Dublin General Plan Land Use Map identifies the location of land uses and a
circulation system to serve those land uses at full build-out which is expected to occur in 2035. The
Alamo Creek Park has a General Plan land use designation of Parks/Public Recreation and Alamo
Creek is identified on the land use map as a Stream Corridor. Under subsection 1.8 .1.5 Primary
Planning Area, the Open Space land use designation includes stream protection corridors; and
WHEREAS, the City of Dublin’s proposed transfer of property interest to Zone 7 is consistent
with the General Plan’s goals for riparian protection, stream corridor access, flood management, and
regulatory enforcement. Aligning the property line with Zone 7’s operational boundary therefore refl ects
the existing use and maintenance responsibilities for the creek corridor and supports the City’s General
Plan policies related to flood management, public safety, and coordinated infrastructure management.
WHEREAS, by facilitating coordinated public management of the stream corridor, the proposed
transfer to Zone 7, which will continue to be used as a stream corridor, is consistent with both the
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Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 2
Guiding and Implementing policies of the Dublin General Plan Conservation Element and Dublin
General Plan; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) Guidelines section
15378(b)(2), the General Plan conformity determination does not constitute a “project” because it will
not result in any direct or reasonably foreseeable indirect physical changes to the environment. The
land will continue to function as a stream corridor, and no construction or alteration of the site is
proposed. Therefore, no further environmental review under CEQA is required ; and
WHEREAS, a Staff Report, dated February 24, 2026, and incorporated herein by reference,
concludes that the proposed City of Dublin property interest transfer to Zone 7 is consistent with the
Dublin General Plan.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and
made part
of this Resolution.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin hereby finds
that
the proposed City of Dublin property interest transfer to Zone 7 for a portion of land along Alamo Creek
within Alamo Creek Park is in conformity within the Dublin General Plan and satisfies the requirements
of Government Code section 65402(a).
PASSED, APPROVED AND ADOPTED this 24th day of February 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Planning Commission Chair
ATTEST:
_________________________________
Assistant Community Development Director
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