HomeMy WebLinkAbout6.05 OrdEstbROWLinesCITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: September 28, 1987
SUBJECT:
Public Hearing: Ordinance Establishing Right-of-Way Lines
EXHIBITS ATTACHED:
Draft Ordinance
RECOMMENDATION: ~6{~2) Open public hearing
) Receive Staff presentation and public testimony
3) Question Staff and the public
4) Close public hearing and deliberate
5) Waive reading and adopt ordinance establishing right-of-
way lines
FINANCIAL STATEMENT: None
DESCRIPTION:
This ordinance was introduced at the September 14, 1987, City Council meeting.
This ordinance provides a procedure for establishing right-of-way lines for the
purpose of future street widening, extension, or creation, space for utilities, fire
and police emergency access, and so forth.
Future right-of-way lines for specific Dublin streets which were established
under the County of Alameda ordinance are included in this ordinance. Establishment
of any other right-of-way lines must be initiated by the procedure outlined in the
ordinance. This provides that the right-of-way lines may be initiated by petition of
property owner, resolution of City Council, or resolution of Planning Commission.
Hearings are held at the Planning Commission and City Council levels, with prescribed
noticing requirements.
Staff recommends that the City Council waive the reading and adopt the
ordinance establishing right-of-way lines.
ITEM NO. ~->~
COPIES TO:
ORDINANCE NO. -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 COb~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 hold 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 less than three (3)in all.
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 shall 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 lines, 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
all 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 resolution
described in Section 6 above shall be published or posted at those places
where the Council agendas are posted once at least 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 less 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 later 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 the 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 unlawfu] 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. Ali. 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-five (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 Vii]age 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
Dub]in shall cause this Ordinance to be posted in at ]east 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:
ABSENT:
Mayor
ATTEST:
City Clerk