HomeMy WebLinkAbout6.4 ROWStPatrickWay CITY CLERK
File #820-90
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 18, 2003
SUBJECT:
Public Hearing -PA 95-043 Resolution of Intention to modify the ·
adopted Right-of-Way Alignment for St. Patrick Way from Regional
Street to Golden Gate Drive
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
¸,
o
Location Map
Planning Commission Resolution Recommending that the
City Council adopt a Resolution of Intention to Establish a
modified Right-of-Way Line for St. Patrick Way
Resolution of Intention to Establish a modified Right-of-Way
Line for St. Patrick Way
Exhibit A: Legal Description of Proposed Right-of-Way
Line for St. Patrick Way
Exhibit B: Map of Proposed Right-of-Way Line for St.
Patrick. Way
RECOMMENDATION:
2.
3.
4.
5.
6.
Open Public Hearing
Receive StaffPresentation
Receive Public Testimony
Close Public Hearing
Deliberate
Adopt Resolution of Intention to Establish a modified Right-
of-Way Line for St. Patrick Way
Set a public hearing for December 2, 2003 to hear any
protests or objections to the modified Right-of-Way Line for
St. Patrick Way
FINANCIAL STATEMENT:
No financial impact at this time. Costs for acquisition of the
land would be negotiated with the property owners at such
time as the City funds this project as a Capital Improvement
Project.
DESCRIPTION:
The City is processing a minor revision to the established alignment for the portion of St. Patrick Way
between Golden Gate Drive and Regional Street. The original alignment was approved by the City
Council on October 10, 1988 via Ordinance No. 19-88. The City is in the process of reviewing
development plans for properties that are proposed to be served by the St. Patrick Way extension, and in
order to accommodate all the current and future uses by surrounding properties, a modification to the
alignment is being proposed.
G:\DEVELOP\Cor-O-Van site\CC Staff Report Reso of Intention.doc
COPIES TO:
Affected Prope Owners
ITEM NO. rt~~
BACKGROUND
The Circulation Plan for the Dublin Downtown Specific Plan adopted in 1987 recommended changes 'to
improve circulation in the downtown area. One such improvement was a new street parallel to and south
of Dublin Boulevard, connecting Amador Plaza Road to Regional Street. The 68-foot right-of-way plan
line included two 12-foot wide travel lanes, one 12-foot wide center two-way left-turn lane, an 8-foot wide
parking area on one side, and an 8-foot wide sidewalk on both sides. On October 10, 1988 the City
Council via Ordinance No. 19-88 established right-of-way lines for a new Parallel Road (now known as
St. Patrick Way) between Amador Plaza Road and Regional Street.
On February 24, 1996 the City Council authorized a study to consider realigning the St. Patrick Way right-
of-way line between Regional Street and Golden Gate Drive at the request of Lincoln Properties, the
owners of the shopping .center to the north of the proposed road, in order to provide an area for future.
construction of loading docks behind the shopping center. The realignment of the established fight-of-
way line for St. Patrick Way between Regional Street and Golden Gate Drive was approved by the
Planning Commission on September 24, 1996 and was presented to City Council on December 4, 1996.
The City Council did not take action on the project because the property owners withdrew their request for
realignment and noted their opposition to the road, realigned or not. The existing alignment, approved in
1988, remained.
As part of southbound '1-580/I-680 interchange fly-over improvement project in 1998, the Department of
Transportation (CalTrans) constructed a new southbound 1-680 on-ramp and off-ramp at Amador Plaza
Road/St. Patrick Way, and also constructed the segment of St. Patrick Way from Amador Plaza Road to
Golden Gate Drive within the adopted right-of-way plan lines for St. Patrick Way. This segment of St.
Patrick Way is therefore complete, so no further action by the City is necessary.
The City Council adopted the West Dublin BART Specific Plan on December 19, 2000. The Specific
Plan land use and circulation plans call for the extension of St. Patrick Way in the same location of the
proposed right-of-way, as described in Exhibits A and B to the City Council Resolution. The Specific
Plan envisioned the extension of this road and the land uses permitted in the Specific Plan rely on access
to St. Patrick Way between Golden Gate and Regional.
The remaining segment of St. Patrick Way between Golden Gate Drive and Regional Street will provide:
access to the proposed West Dublin BART/Orix and AMB/Legacy Partners (Cor-O-Van) developments
that are currently under review. To address the past concerns about the adopted right-of-way alignment, as
articulated by Lincoln Properties in 1996, the BART and AMB/Legacy developers assumed a right-of-way
alignment that is consistent with the 1996 proposal. Since the 1996 proposal differs from the alignment
originally adopted in 1988, a modified alignment must now be established.
The City is Proposing a minor revision to the previously-established fight-of-way alignment for St. Patrick
Way from Regional Street to Golden Gate Drive. The establishment of right-of-way lines are regulated by
Chapter 7.68 of the Municipal Code. Sections 7.68.40 and 7.68.50 require the tight-of-way, proposals to be
referred to the Planning Commission and the City Engineer for report and recommendation. (This staff
report constitutes the report of the City Engineer to the Planning Commission.) According to Government
Code §65402, the Planning Commission must report conformance with an adopted General Plan for any
establishment of right-of-way. The Municipal Code also requires that the Planning Commission make a
recommendation to the City Council regarding the establishment of a right-of-way line at a public heating,
which took place at the November 12, 2003 meeting. The City Council must then adopt the Resolution of
Intention to establish the right-of-way line and hold two protest hearings to give the public and impacted
parties a chance to dispute the location of the proposed road.
The procedure for adopting a new roadway aligmnent is governed by Chapter 7.68 of the Dublin Municipal
Code. Government Code §65402 states, in part that, if a General Plan has been adopted, no real property
shall be acquired by dedication or otherwise for street purposes, until the location, purpose, and extent of
such acquisition have been submitted to and reported upon by the Planning Agency (Planning
Commission) as to conformity with adopted General Plan. Upon receiving a report and recommendation
from the Planning Commission, the City Council can then adopt a Resolution of Intention designating the
establishment of the right-of-way, thus notifying interested parties. A public hearing can then be conducted
so the City Council can hear testimony related to said establishment of right-of-way line. Finally, the City
Council can adopt an Ordinance establishing the right-of-way line described in the Resolution, if
appropriate, and have the Ordinance recorded with the County Recorder.
Planning Commission:
The Planning Commission reviewed the proposed modified right of way for St. Patrick Way at its meeting
on November 12, 2003 and determined that the revised alignment is in conformance with the City of
Dublin General Plan. The Commission also adopted an Addendum to the Mitigated Negative Declaration
for the revised alignment and adopted a resolution recommending that the City Council adopt a
Resolution of Intention to Establish a revised Right-of-Way Line for St. Patrick Way.
ANALYSIS
Establishment of Right-of-Way:
St. Patrick Way is identified as a major east-west road to serve downtown Dublin. It will be a connection
to 1-680 on/off ramps, allowing development of surrounding land uses per the West Dublin BART
Specific Plan. The ultimate right-of-way width for St. Patrick Way will vary between 68 and 71 feet. The
ultimate section will consist of two 12-foot wide travel lanes, a 12-foot wide center two-way left-turn
lane, and 8-foot wide parking on the south side and sidewalks that vary between 6 feet and 11 feet on both
sides of the street. The St. Patrick Way improvements will assure safe and convenient access to abutting
properties. The design will be based on a 25 mile per hour speed limit.
The proposed right-of-way alignment takes into consideration the existing Orchard Supply Hardware
outbuilding, existing utility alignments, and existing passenger car and truck access and parking to each
affected property. In a private, two-party agreement dated October 4, 1994, the then-owners of the two
most significantly affected parcels, Liberty House Properties (now Pan Pacific Retail Properties) and KI
Dublin Boulevard (now AMB Property) agreed on the location for the future road and recorded the private
agreement with the Alameda County Recorder's Office. The alignment has changed slightly since this
time, and the owners of the properties have also changed, but the private agreement acknowledges the
property owner's acceptance of the future road, if not its exact location. Since the proposed right-of-way
differs from the original 1988 approved right-of-way line (and the 1994 agreement between the two
parties), it will be necessary to modify the established right-of-way as required by the Municipal Code.
The location of the proposed right-of-way (Exhibit B to the City Council Resolution) is as generally shown
on Dublin General Plan and the West Dublin BART Specific Plan and more specifically in the attached
legal description (Exhibit A to the City Council Resolution). The proposed St. Patrick Way right-of-way
and alignment is in conformance with the Circulation and Scenic Highways Element of the General Plan as
well as the Circulation Map in the West Dublin BART Specific Plan. Additionally, the developers in the
West Dublin BART Specific Plan area have been using this modified right-of-way design in their plans for
the AMB/Legacy mixed-use site and the BART/Orix residential/hotel site.
Resolution of Intention:
The establishment of right-of-way lines is regulated by Chapter 7.68 of the Municipal Code. This Section
requires that if a right of way is to be designated or realigned, the City Council must adopt a Resolution of
Intention. The Resolution of Intention is to be published or posted to give notice for this first reading of
the ordinance, which is proposed for December 2, 2003, and how to submit written protests.
RECOMMENDATION
Staff recommends that the City Council (1) Open Public Heating, (2) Receive Staff Presentation, (3)
Receive Public Testimony, (4) Close Public Hearing, (5) Deliberate, (6) Adopt Resolution of Intention to
Establish a revised Right-of-Way Line for St. Patrick Way, and (7) Set a public heating for December 2,
2003 to hear any protests or objections to the revised tight-of-way line for St. Patrick Way.
4
RESOLUTION NO. 03 - 53
A RESOLVT O OV THE PLASm G CO.toSS, ON
....... 0V, .THE C V,,O,g DV LiN
RECOMMENDING TI~ CITY COUNCIL ADOPT A I~SOLUTION Olr INTENTION TO MODI~
AND ESTABLISH A RIGHT-OF'WAy LINE FOR ST. PATRICK WAY BETW~EN'I~GIONAL
STREET AND GOLDEN GATE DRIVE (PA 95-043)
WHEREAS, the City of Dublin established a right-of-way for a road south of and parallel to Dublin
Boulevard between Regional Street and Amador Plaza Road (once known as the Parallel Road, now known as
St. Patrick Way) on October 10, 1988, by adopting City Council Ordinance 19-88, in anticipation of further
development of the area; and
WHEREAS, the City of Dublin approved a Mitigated Negative Declaration for the Parallel Road
Project on September 26, 1988, by adopting City Council Resolution 132-88; and
WHEREAS, on February 28, 1994, the City coUncil, at the request of impacted property owners,
authorized a Study to realign the St. Patrick Way between Golden Gate Drive and Regional Street; and
WHEREAS, the realignment study has been completed; and
WltEREAS, the realignment would be a minor technical change from the originally approved right-of-
way because it is in the same general location and does not increase or decrease capacity of the approved
roadway; and
WHEREAS, the realignment of the established right-of-way line for St. Patrick Way between Regional
Street and Golden Gate Drive was approved by the Planning Commission on September 24, 1996 and was
presented to City CoUncil on December 4, 1996.
WHEREAS, the City Council did not take action on the project because the property owners withdrew
their request for realignment and the existing alignment, approved in 1988, remained; and
WHEREAS, the realigmnent of the Parallel Road 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 proposed right-of-way is within the physical scope of the Dublin General Plan, and
therefore its extent will be encompassed by, and consistent with, the Dublin General Plan. As such, ir'is found
that the establishment of the fight-of-way is consistent with regard to location, purpose and extent with the
Dublin General Plan, the Downtown Dublin Specific Plan, and West Dublin BART Specific Plan; and
XVIIEREAS, a Staff Report was submitted by City Planning and Engineering Staff as required by
Chapter 7.68 of the Dublin Municipal Code, recommending that the Planning Commission recommend that the
City Council adoPt a Resolution of Intention to establish a right-of-way line; and
ATI'ACHMENT 2
Whq~;REAS, the Planning Commission did review and USe their independent judgment to consider the
realignment of the parallel road, associated staff report and public testimony at a properly noticed public hearing
on November 12, 2003; and
WHEREAS, the realignment will not have a substantial adverse effect on health or safety or be
substantially de 'tnmental to the public welfare or be injurious to property or public improvements.
WHEREAS, this project has been reviewed in accordance with the provisions of the California
Environmental Qimlity Act and an Addendum to the Mitigated Negative Declaration of Environmental Impact
has been recommended for adoption, as it will have no significant effect on the environment; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby
recommend that the City Council adopt a Resolution of Intention to realign St. Patrick Way between Golden
Gate Drive and Regional Street as depicted on Exhibit A to this Resolution.
PASSED, APPROVED AND ADOPTED this 12th day of November, 2003
AYES:
Cm. Fasulkey, Jennings, Nassar, King, and Maehtmes
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
G:~Ag\I995~PA95043 Parallel Road\Oct 2003 realignment\Oct 2003 PC Reso of Intention. doc
RESOLUTION NO. - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING A RESOLUTION OF INTENTION TO MODIFY AND ESTABLISH A RIGHT-OF-
WAY LINE FOR ST. PATRICK WAY BETWEEN REGIONAL STREET AND
GOLDEN GATE DRIVE (PA 95-043)
WHEREAS, the City of Dublin established a fight-of-way alignment for a road south of and
parallel to Dublin Boulevard between Regional Street and Amador Plaza Road (once known as the
Parallel Road, now known as St. Patrick Way) on October 10, 1988, by adopting City Council Ordinance
19-88, in anticipation of further development of the area; and
WHEREAS, the City of Dublin approved a Mitigated Negative Declaration for the Parallel Road
Project on September 26, 1988, by adopting City Council Resolution 132-88; and
WHEREAS, on February 28, 1994, the City Council, at the request of impacted property owners,
authorized a study to realign St. Patrick Way between Golden Gate Drive and Regional Street; and
WHEREAS, the study recommended a realignment of the established right-of-way line for St.
Patrick WaY between Regional Street and Golden Gate Drive, an alignment subsequently approved by the
Planning Commission on September 24, 1996 and presented to City Council on December 4, 1996; and
WHEREAS, the City Council did not take action on the realignment because the property owners
withdrew their request for realignment; thus the existing alignment, approved in 1988, remained; and
WHEREAS, a recent realigmnent study has now been completed; and
WHEREAS, the recent realignment is similar to the proposed 1996 alignment, although minor
technical adjustments have been made, and is generally consistent with the original 1988 because it does
not increase or decrease capacity of the proposed roadway; and
WHEREAS, the realignment of St. Patrick Way between Regional Street and Golden Gate Drive
is compatible with existing land uses and conforms to the underlying land use designations, and because it
will not overburden public services; and
WHEREAS, the realignment 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; and
WHEREAS, the City Council has received a report and recommendation from the Planning
Commission recommending the realignment of a right-of-way line for St. Patrick Way between Regional
Street and Golden Gate Drive; and
WHEREAS, it is the intention of the City Council to realign the established right-of-way line for
the abovesaid road; and
ATTACHMENT
3
WHEREAS, Sections 7.68.080 through 7.68.100 of the Dublin Municipal Code require that a
resolution be adopted that sets the time and place for a public heating and the method and time period to
file a protest.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby calls a public hearing
pursuant to the provisions of Sections 7.68.080 through 7.68.100 of the Dublin Municipal Code, on
December 2, 2003, at 7:00 p.m. in the City Council Chambers, 100 Civic Plaza, Dublin, California, to
hear protests and objections to the realignment of the established tight-of-way line hereinafter set forth:
Right-of-Way Line parallel to and south of Dublin Boulevard between Golden Gate Drive and
Regional Street (St. Patrick Way). All that certain real property situated in the City of Dublin, County of
Alameda, State of California, described on the Legal Description (Exhibit A) and illustrated on the Plat
Map (Exhibit B).
A copy of this Resolution shall be posted in accordance with Section 7.68.070 of the Dublin
Municipal Code at least ten (10) days before the date of the heating.
PASSED, APPROVED AND ADOPTED this 18th day of November, 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
G:XDEVELOP\Cor-O-Van site\CC Reso of Intention.doc
EXHIBIT "A"
Page 1 of 3 Pages
LEGAL DESCRIPTION
ST. PATRICK WAY
All that certain real property situate in the city of Dublin, county of Alameda, state of
California, described as follows:
Being portions of Lot B, Lot C, Lot D and Lot E as said lots are shown on that certain
Parcel Map No. 4224 filed February 6, 1984 in book 143 of maps at page 6, Alameda
County Records, and a portion of Parcel C as said parcel is shown on that certain
Parcel Map No. 1307 filed January 29, 1976 in book 89 of maps at page 8, Alameda
County records, more particularly described as follows:
Beginning at the northwesterly corner of said Parcel C, said comer being also a point
in the southwesterly line of said Lot E;
Thence along said southwesterly line of Lot E, and along the southwesterly line of
said Lot B, said lines being also the northeasterly dght of way line of Regional Street,
North 20°51 '45" West, 108.00 feet to a point of cusp;
Thence leaving said southwesterly line of Lot B, southeasterly along the arc of a
40.00-foot radius, tangent curve to the left, through a central angle of 67°40'45'', an
arc distance of 47.25 feet to a point in the southeastedy line of said Lot B;
Thence along said southeasterly line, North 69°08'15" East, 299.64 feet;
Thence leaving said southeasterly line, northeasterly along the arc of a 416.00-foot
radius, non-tangent curve to the left, the center of which curve bears North 27,44'40"
West, through a central angle of 7°09'15", an arc distance of 51.94 feet;
Thence North 55006'05'' East, 91.76 feet;
Thence northeasterly along the arc of a 1034.00-foot radius, tangent curve to the
right, through a central angle of 15°00'48", an arc distance of 270.94 feet;
Thence North 74°56'57'' East, 57.11 feet;
Thence northeasterly along the arc of a 400.00-foot radius, tangent curve to the left,
through a central angle of 11 °08'14", an arc distance of 77.75 feet;
Thence North 63°48'43" East, 332.06 feet;
Z:\DRAW~2001~A1604~)OCS\ST PATRICK WAY.DOC
i XHIBIT
EXHIBIT "A"
Page 2 of 3 Pages
Thence northeasterly and northwesterly along the arc of a 40.00-foot radius, tangent
curve to the left, through a central angle of 84°40'28'', an arc distance of 59.11 feet to
a point of cusp, said point of cusp being a point in the northeasterly line of said Lot C,
said line being also the southwesterly right of way line of Golden Gate Drive;
Thence along said, northeasterly line of Lot, C, and along the northeasterly line of said
Lot E, the 'following three courses:
1. South 20°51 '45" East, 33.43 feet;
Southeasterly along the arc of a 34.00-foot radius, tangent curve to the right,
through a central angle of 35°56'58'', an arc distance of 21.33 feet to a point of
reverse curvature; and
3. Southeasterly along the arc of a 50, O0~foot radius, tangent curve, to the left,
through a central angle of 83°06'15'', an arc distance of 72.52 feet;
Thence continuing along said northeasterly line of Lot C, and along the northeasterly
line of said Lot D, South 20°51 '45" East, 29.25 feet to a point of cusp;
Thence leaving said northeasterly line of Lot D, northwesterly and southwesterly
along the arc of a 40.00-foot radius, tangent curve to the left, through a central angle
of 95019'32'', an arc distance of 66.55 feet;
Thence South 63o48'43'' West, 296.18 feet;
Thence southwesterly along the arc of a 484.00-foot radius, tangent curve to the
right, through a central angle of 9°27'40'', an arc distance of 79.92 feet;
Thence South 73016'23'' West, 30.97 feet;
Thence southwesterly along: the arc of a 966.00-foot radius, tangent curve to the left,
through a central angle of 18°10'~18", an arc distance of 306.37 feet;
Thence South 55°06'05'' West, 91.76 feet;
Z:\DRAVV~.001~A1604~)OCS\ST PATRICK WAY. DOC
EXHIBIT "A'
Page 3 of 3 Pages
Thence southwesterly along the arc of a 484.00-foot radius, tangent curve to the
right, through a central angle of 14°02'10'', an arc distance of 118.57 feet to a point in
the northWesterly line of said Parcel C;
Thence along said northwesterly line, South 69°08'15" West, 234.60 feet;
Thence leaving said northwesterly line, southwesterly and southeasterly along the
arc of a 40.00-foot radius, tangent curve to the left, through a central angle of
90000'00'', an arc distance of 62.83 feet to a point in the southwesterly line of said
Parcel C;
Thence along said southwesterly line, North 20°51'45" West, 40.00 feet to the POINT
OF BEGINNING.
Containing 85,572 square feet, more or less.
END OF DESCRIPTION
Kier & Wright Civil Engineers & Surveyors, Inc.
License expires 6-30-~)7 ~
Date
Z:~)RAW~2001 ~A1604~)OCS',ST PATRICK WAY. DOC
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