HomeMy WebLinkAboutPCReso03-52 PA95-043 Addendum NgDecStPat RESOLUTION NO. 03 - 52
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
ADOPTING AN ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION AND
DETERMINATION OF GENERAL PLAN CONFORMITY OF THE LOCATION, PURPOSE AND
EXTENT OF THE PROPOSED REALIGNMENT OF THE RIGHT-OF-WAY FOR ST. PATRICK
WAY BETWEEN GOLDEN GATE DRIVE AND REGIONAL STREET (PA 95-043)
WHEREAS, it is an implementing policy of the Circulation and Scenic Highways Element of the
Dublin General Plan to create a new street parallel to and south of Dublin Boulevard to connect Amador Plaza
Road, Golden Gate Drive, and Regional Street near the future West Dublin BART station; and
WHEREAS, the establishment of any the right-of-way is governed by Chapter 7.68 of Dublin
Municipal Code; and
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
WHEREAS, 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, 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 such Plan is
applicable to the properties through which the right-of-way passes; and
WHEREAS, the properties through which the proposed realignment of the right-of-way passes lies
within the corporate limits of the City of Dublin; and
WHEREAS, the properties through which the proposed realignment of the right-of-way passes is
located within an area encompassed by the lands designated in the General Plan as Retail/Office and Mixed-
Use, and developed for circulation purposes in a manner consistent with that designation; and
WHEREAS, the properties through which the proposed realignment of the right-of-way passes is
located within an area encompassed by the lands on five (5) privately owned parcels, including the following
Assessor Parcel Numbers: 941-1500-46, 941-1500-25,941-1500-44-2, 941-1500-45, and 941-1500-47-2; and
WHEREAS, the proposed realignment of the right-of-way will pass through lands designated for a
future road in the West Dublin BART Specific Plan; and
WHEREAS, the properties through which the proposed right-of-way passes is to be developed for
circulation purposes in accordance with the requirements and purposes of the Retail/Office and Mixed-Use
designations of the Dublin General Plan; and
WHEREAS, the improvements along the new right-of-way alignment of St. Patrick Way will provide
for public access, and will be consistent with City standards; and
WHEREAS, the California Environmental Quality Act provides for an Addendum process when a
minor change is proposed on a project where there is an approved Negative Declaration or Mitigated Negative
Declaration; and
WHEREAS, an Addendum to the Mitigated Negative Declaration for the parallel road realignment
project dated October 29, 2003 (Addendum) is available and on file in the City Planning Department, has been
prepared and considered by the Planning Commission together with the original Mitigated Negative
Declaration; and
NOW, THEREFORE, BE IT RESOLVED THAT the properties through which the realigned right-
of-way passes is within the physical scope of the Dublin General Plan and the West Dublin BART Specific Plan
and therefore its extent will be encompassed by, and will be in conformance with, the Dublin General Plan and
the West Dublin BART Specific Plan.
The Planning Commission has reviewed and considered the Addendum dated October 29, 2003, together
with the Mitigated Negative Declaration (both available and on file in the Planning Department), and finds that
these documents reflect the independent judgment of the Planning Commission and the City as lead agency.
Dublin Planning Commission does hereby find that no new environmental impacts could occur as a result of the
realignment and no new mitigation measures would be required.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission
does hereby find that:
A. The proposed area where the established right-of-way will be realigned is within the City of
Dublin and is subject to the General Plan of the City of Dublin and the West Dublin BART Specific Plan.
B. The properties through which the realigned right-of-way passes is located within an area
designated Retail/Office and Mixed-Use in the Dublin General Plan and for a future roadway in the West
Dublin BART Specific Plan, and is proposed to be developed for circulation purposes in a manner consistent
with those designations. Therefore, the establishment of a realigned right-of-way across that land is consistent
with regard to location and purpose with the Dublin General Plan and West Dublin BART Specific Plan.
C. The properties through which the realigned right-of-way passes will be developed for circulation
purposes is within the physical scope of the Dublin General Plan and the West Dublin BART Specific Plan, and
the extent of the proposed realignment is consistent with the previously-approved right-of-way because it merely
adjusts the location and does not change the size or capacity of the roadway.
PASSED, APPROVED AND ADOPTED this 12th day of November 2003.
AYES:
Cm. Fasulkey, Jennings, Nassar, King, and Machtmes
NOES:
ABSENT:
ABSTAIN:
Planning Commissio/n Chairperson
ATTEST:
Planning
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October 29, 2003
ADDENDUM TO THE PARALLEL ROAD ALIGNMENT (Now called St. Patrick Way)
MITIGATED NEGATIVE DECLARATION
INTRODUCTION:
On September 26, 1988, the City Council for the City of Dublin adopted Resolution No.
132-88, approving a Mitigated Negative Declaration for the alignment of a parallel road
south of Dublin Boulevard between Amador Plaza Road and Regional Street (referred
to as the Parallel Road). The Mitigated Negative Declaration assessed the potential
environmental effects of the construction and use of the Parallel Road.
This Addendum serves as an update to the plans of the City in relation to the alignment
of the Parallel Road. The alignment of the road would continue to follow Alternative A
as identified in the Mitigated Negative Declaration, with slight modifications as shown on
Figure 1.
REVISED ALIGNMENT:
The revised alignment, as shown in Figure 1, does not modify any of the findings or
impacts as noted in the Mitigated Negative Declaration dated September 26, 1988.
However, Section 6.5 should be replaced with the following:
"6.5 Parking
The project involves the potential for acquisition of property currently used for
parking and driveways. In one case (APN 941-1500-47-2 AMB Properties),
parking will be reduced below the amount that is required per the Variance
and Conditional Use Permit for Unisource (PA 85-024) and zoning
requirements for a warehouse. Zoning normally would require 300 spaces;
however, the Variance/Conditional Use Permit specified 187 spaces, with
annual review to determine if additional spaces should be provided up to 236
spaces. If a new use comes into the building, it is reviewed to ensure there
will be sufficient parking spaces. The parallel road project would remove
approximately 132 existing spaces. However, the parking study done as part
of the Mitigation Measures indicates that the 132 spaces can be replaced
with 108 new spaces, for a net of 163 spaces (187 original spaces -132
spaces for parallel road +108 improved and new spaces). This does not
include a possible land exchange with BART to provide additional parking (as
shown in Figure 2 of the original Initial Study and Attachment to Mitigation
Measures).
The project will also result in reduced dock approach for the truck loading
and parking area for the same parcel. Currently, approximately 120 feet is
available. The approved alignment of the road reduced the dock approach
area by a minimum of 10 feet to approximately 110 feet (along the northern
side of the building at the western end, the road comes through the parcel in
a diagonal beginning with approximately 55 feet of dock approach area to
end up at the east end of the dock approach area with 110 feet. The
resulting 110 feet is 3 feet less than the minimum dock approach area
required for a 55 foot tractor-trailer (113 feet).
The largest trucks to currently use the loading areas are approximately 65 -
70 feet long according to Corovan, 70 feet is the exception). These trucks are
generally loaded at the eastern end of the truck loading area because of the
easier access to the alleyway (the western portion of the northern side of the
building does not have any truck loading). This is the area where the dock
approach area would remain the deepest - approximately 110 feet. A 65 foot
truck would need approximately 130 feet of dock approach area. Therefore, it
is likely that some trucks may back up on to the Parallel Road. It should be
noted that this condition will exist whether or not the realignment is approved.
At both ends of the dock approach area, the original alignment provided for
only 110 feet clear. In fact, the current loading area provides only 120 feet
clear, 10 feet less than what can be assumed is necessary for a dock
approach area.
With these minor technical amendments and clarifications, the Mitigated Negative
Declaration will continue to adequately address environmental impacts of the Parallel
Road (now called St. Patrick Way).
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