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HomeMy WebLinkAboutOrd 44-87 ROW LinesORDINANCE NO. 4 4 -87 AN ORDINANCE OF THE CITY OF DUBLIN ESTABLISHING RIGHT-OF-WAY LINES The City Council of the City of Dublin does ordain as follows: Section 1. DEFINITION. For the purpose of this ordinance, "building" or "structure" shall be as defined by the Uniform Building Code of the City of Dublin in Ordinance No. 02-84 and shall also include stairways, required off-street parking facilities, any well, whether for water, oil, or other hydrocarbon products, and any underground storage facilities in excess of one thousand (1,000) gallon capacity. "Building" or "structure" shall not include any building or structure existing on the effective date of this Section, any public utility installed under authority of franchise, or any fence. Section 2. GENERAL. A right-of-way line study may be established by the City Council as provided herein for the purpose of reserving areas for future widening, extension, or creation of streets, highways, or space for future utilities, pedestrian ways, fire and police emergency access, access to property, and all public rights-of-way. Section 3. INITIATION. A right-of-way line may be initiated by: (a) The verified petition of one (1) or more owners of property affected by the proposed right-of-way lines, which petition shall be filed with the Planning Commission and shall be accompanied by a fee in an amount set forth by the City Council by resolution. Every petition shall be accompanied by a description of the streets or portions of the streets along which such right-of-way lines are sought to be established, a map or sketch showing the streets and relation of the proposed right-of-way lines thereto, and such other plans and specifications necessary to show the proposed use of the area affected thereby; or (b) Resolution of the City Council.; or (c) Resolution of the Planning Commission. Section 4. PLANNING C0b~ISSION REPORT AND RECOMMENDATION. Before any action shall be taken by the City Council as provided in Section 10 hereof, the proposal, shall be referred to the Planning Commission and the City'Engineer for report and recommendation. Section 5. PUBLIC HEARING. The Planning Commission shall ho].d at least one (1) public hearing on any proposed right-of-way line and shall give notice of the time and place of said public hearing by publishing notice thereof at least once and by causing notices of the hearing to be posted along a line as near as possible to the planned right-of-way where such right-of-way lines are proposed to be established at not more than three hundred (300) feet in distance apart, but not ].ess than three (3) in allo Such publication and posting shall be accomplished at least five (5) days prior to the date fixed for said hearing. Upon review of the report and recommendation of the City Engineer and completion of the hearing, the Planning Commission sha].l submit its report and recommendation 'to the City Council. Section 6. RESOLUTION OF INTENTION. Upon receipt of a report and recommendatiOn from the Planning Commission, but before determining and establishing any right-of-way ].ines, the City Council shall pass a resolution of intention designating the right-of-way lines proposed to be established. The resolution shall contain a description of the property affected and a notice of the hour, day, and place when and where any and ali. persons objecting to the establishment of the proposed right-of-way lines may appear before the City Council and object thereto. Section 7. PUBLICATION AND POSTING OF RESOLUTION. Said reso].ution described in Section 6 above shall be published or posted at those places where the Council agendas are posted once at ]_east ten (10) days before the date of the hearing of objections to the proposal. A copy of the resolution shall be posted along the street or streets in front of each block where such right-of-way lines are proposed to be established at not more than three hundred (300) feet in distance apart, but not less than three (3) in all. Posting shall be accomplished at least ten (10) days before the date of the hearing of objections to the proposal. Section 8. TIME FOR HEARING. The time for hearing objections to such proposal shall be not ].ess than fourteen (14) nor more than thirty-five (35) days from the date of the adoption of the resolution of intention described in Section 6. Section 9. FILING OF PROTEST. At any time not ].ater than the hour set for hearing objections to the establishment of the proposed right-of-way line, any person having any interest in any land upon which said right- of-way lines are proposed to be established may file with the City Clerk a written objection to the establishment of said right-of-way lines. Section 10. ACTION BY CITY COUNCIL. At the time set for hearing, or at any time to which tile said hearing may be continued, the City Council shall proceed to hear and pass upon all protests or objections filed pursuant hereto. Its decision shall be final and conclusive. The City Council may sustain any objections and abandon said proceeding, deny any and all objections and by ordinance establish said right-of-way lines described in the resolution, or it may deny any and all objections and by ordinance establish said right-of-way lines with such changes and modifications as it shall determine to be proper. Section 11. EFFECT OF RIGHT-OF-WAY LINE. Whenever any ordinance establishing any right-of-way line or lines shall become effective, it shall thereafter be unlawful for any person, firm, partnership, corporation, or other entity to construct or erect any building or structure within the right-of-way established by the newly-established right-of-way line. Section 12. NON-CONFORMING STRUCTURES. Existing buildings or structures non-conforming to the requirements of established right-of-way lines shall not be altered or enlarged in any manner. Section 13. VARIANCE. Variance may be granted from the provisions of this ordinance where unnecessary or unusual hardship is shown and where such variance will not defeat the purposes of the right-of-way lines established by this ordinance, provided that the applicant waives all claims for compensation and damages caused by the taking of any property affected by such a variance pursuant to the exercise of the right of eminent domain or any other right of this.City or any other action. Section 14. PROCEDURE. The provisions governing the procedure for variances and appeals from the zoning ordinance of the City of Dublin shall apply to the procedures for variances and appeals from the provisions of this ordinance. Section 15. YARD REQUIREMENTS ARE ADDITIONAL TO RIGHT-OF-WAY LINE REQUIREMENTS. Yard and other requirements of the Zoning Ordinance shall be separately applied as requirements additional to right-of-way line requirements required herein. All yards, setbacks, and such regulations of the zoning ordinance of the City of Dublin shall be measured from the established right-of-way lines herein. Notwithstanding any provision to the contrary, however, that portion of any parcel that lies between established right-of-way lines shall be considered as part of the lot area when determining the number of dwelling units that may be placed on a parcel or the percentage of lot area that may be covered by buildings or structures. Section 16. PREVIOUSLY ESTABLISHED RIGHT-OF-WAY LINES. The following right-of-way lines have previously been established by ordinance prior to the adoption of this ordinance, and the provisions of this ordinance governing the establishment of right-of-way lines shall not apply to these previously-established right-of-way lines: Dougherty Road. From Scarlett Court north to Sierra Lane five (5) feet easterly of the existing easterly right of way line. From Sierra Lane to a point approximately one thousand (1,000)'feet northerly of Amador Valley Blvd., fifty-fiv~ (55) feet as measured from and on each side of the existing centerline. From said point northerly to the Alameda County/Contra Costa County boundary on a curvelinear alignment to a maximum of 145 feet westerly of and 160 feet easterly of the centerline of the existing roadway as shown on the map labelled "Dougherty Road Future Width Lines, Exhibit A, November 29, 1971" on file with the Alameda County Planning Commission. Dublin Blvd. From Silvergate Drive easterly to Village Parkway, fifty (50) feet as measured from and on each side of the existing centerline. Dublin Blvd. From Village Parkway easterly to Clydesdale Road, eighty- three (83) feet northerly of the existing southerly right-of-way line and seventeen (17) feet southerly of the existing southerly right-of-way line. Section 17. EFFECTIVE DATE AND POSTING OF ORDINANCE. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this 28th day of September, 1987. AYES: NOES: Councilmembers Hegarty, Moffatt, Snyder, Vonheeder and Mayor Jeffery None ABSENT: None City Clerk