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Home My WebLink About4.09 HomeExpressDBImprov e e !.' \ . CITY OP DUBLIN AGENDA STATEMENT Nor"'" City Council Meeting Date: ~y 14, 1994 SUBJECT: Reduction in Obligation for Dedication of and Improvements to Dublin Blvd. for The Home Express Project Report by: Public Works Director Lee Thompson EXHIBITS ATTACHED: 1) I Resolution 2) ~ Location map of the proposed widening 3) ~ Copy of Ordinance 4-92 (amending Sections 7.72.020, 7.72.040, and 7.72.080 of the Dublin Municipal Code). RECOMMENDATION:~~~doPt resolution approving reduction in dedication ~ ~ improvement obligation, in accordance with Section of the Dublin Municipal Code. and 7.72.080 PINANCIAL STATEMENT: The reduction will be partially offset by a Traffic Impact Contribution for the Dublin Boulevard widening project. The estimated value of dedication and improvements on Dublin Boulevard is in excess of $40,000, and the mitigation contribution is calculated to be $14,130. DESCRIPTION: The Home Express, a home furnishings superstore, has applied for a site Development Review Permit to move into the vacated Levitz Furniture space in the Orchard Supply Hardware Shopping Center. Sections 7.72.020 and 7.72.040 of the Dublin Municipal Code (Exhibit 2) require dedication and improvements of adopted roadways when certain approvals occur. The Ordinance ties the requirement to the issuance of a Building Permit, Site Development approval, or other discretionary approval of a land use or project. In this case, the Site Development Review has been approved with a condition that the Applicant is required to "dedicate and improve Dublin Boulevard . . . or secure a reduction in obligation from the City Council prior to the issuance of a building permit." (Site Development Review condition No. 38.) The Home Express store will generate substantially more traffic than the Levitz Furniture store did; however, the City Engineer has determined, pursuant to Dublin Municipal Code Section 7.72.080, that the value of the right-of-way and improvements would be far in excess of what is reasonably related to the increased traffic generated and has recommended traffic impact contribution as a mitigation instead. Home Express has agreed to make a traffic contribution for Dublin Boulevard consistent with the additional traffic generated. The amount of the traffic contribution toward the Dublin Boulevard Widening project is $14,130. In addition, a contribution in the amount of $3,400 is being made toward the village Parkway Traffic Signals, and $11,200 is being contributed for the future Parallel Road. Pursuant to Section 7.72.080 of the Dublin Municipal Code, when this situation occurs, the City Engineer must bring the reduction to the City Council for final approval. Section 7.72.080 requires an agreement, executed by the Applicant, agreeing to make such dedication and improvements as the Council may require. Staff recommends that the City Council adopt the resolution approving reduction of dedication and improvement obligation, pursuant to Section 7.72.080 of the Dublin Municipal Code. a: (dbw_rw)\rw\homexprs ::::-::~~-------::::::-::~--------------------~~~~~~-I e e . RESOLUTION NO. -94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING REDUCTION OF DEDICATION AND IMPROVEMENT OBLIGATION WHEREAS, DSC Partners, a Limited Partnership, ("Applicant") applied to the city of Dublin for a Site Development Review Permit for a Home Express store which would occupy a portion of the Orchard supply Hardware Shopping Center formerly occupied by Levitz Furniture, known as Assessor's Parcel Number 941-1500-44; and WHEREAS, a right-of-way line for the widening of Dublin Boulevard fronting the Center has been established by the city Council and is set forth in Dublin Municipal Code, section 7.68.150; and WHEREAS, a traffic study for the proposed Home Express store shows that the proposed use will result in an increase in traffic generation on Dublin Boulevard such that widening and improvement of Dublin Boulevard within the designated right-of-way would be required; and WHEREAS, pursuant to section 7.72.080 of the Dublin Municipal Code, the City Engineer has determined that dedication and improvement within the designated right-of-way for Dublin Boulevard would be greater than is reasonably related to the increased traffic from the proposed Home Express store; and WHEREAS, the City Engineer has recommended that the City council reduce the dedication and improvement obligation to zero provided that the Applicant contribute $14,130 to the city as part of its project for Dublin Boulevard improvements; and WHEREAS, the Applicant has included a contribution of $14,130 to the City as part of its project for Dublin Boulevard improvements; NOW, THEREFORE, BE IT RESOLVED that: 1. The City Council approves the reduction in the dedication and improvement obligation for the portion of Dublin Boulevard within the adopted right-of-way line for the Home Express project. 2. This approval and resolution relates only to the requirement for dedication and improvement of Dublin Boulevard in connection with the proposed Home Express project. It is not applicable to any other applications for a building permit, conditional use permit, site development review approval, variance, rezoning to a planned development district, or other discretionary approval of a proposed land use which ;rr~ ."t\ .:: ~ ,!~'l ..": ":-.. ...., ..~~ .;--~:! '. ",' : ~ ^' ~ -... Page 1 .: ~r.~, '", i c" ,;~. :' ;', ",~ b., <..0' ~,;j t1 <~ .;"." '" '';: 1< e?O Lu. t-io-n e e . might require dedication and improvement pursuant to Dublin Municipal Code Section 7.72.020 in the future. PASSED, APPROVED, AND ADOPTED this 14th day of March, 1994. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk a:(dbw_rw)\rw\hmexreso Page 2 .-vc 2 7200 7/96_ e -' 7/92 7181 7/90 7155 REG. ST. 7/8 ;:0 fTI Ci> - 0 7151 7144 z 1> r 7117 .:0 7\22 l> ~ _Pro po sed 0 .z vJ \. d..e\A\iA\ li TIQQ DU eLl N al..V_{)_ +-.,) r~ ~t ~-.,) ~ -..j -.j -.j -.j -.J --J It l.O I <D <D (X) Q) Q) (X) co (J') - 00 co <D <D co <D .;. (l) cp ..;::.. (]) 0 (jl ~ co -..j (j) -.J -i ~ co -J 6850 \~ o rclt ~ ~CL C e.vz. Te. y- 81-.J :0 OJ~ cO .0 z OJ '< 6750 9 \ I' \ \ \ / \ \ 1 \ \ I \ \ I \ \ \ \ \ \ -- -- - - \ \ ---- -\ \ \ \, \ \ , \. \ 1\ \ I \ \ / \ \ / " "- / , " ~- ' ""- - ......... ----_2:::::. '"-__ /~--..... / ", , \ 1 / I / ------/ --- 0680 608'2. Ai , -- fJ{~iiEH ~c.atUrY\ Hap ,_ _'/I --- --- - - -- ;E -- --- e e . CITY OF DUBLIN ----, ORDINANCE NO. 4-92 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING SECTIONS 7.72.020, 7.72.040 AND 7.72.080 OF THE DUBLIN MUNICIPAL CODE REGULATING RIGHTS-OF-WAY -- DEDICATION AND IMPROVEMENT The city council of the City of Dublin does ordain as follows: section 1. Amendments. section 7.72.020 of the Dublin Municipal Code shall be amended to read as follows: "section 7.72.020 Dedication--Required "No building permit, conditional use permit, site development review approval, variance, rezoning to a planned development district or other discretionary approval of a proposed land use or project for a lot or lots shall be issued or-made if the proposed project or use will result in an increase in traffic generation on the street or streets upon which such lot or lots abuts or will abut, or the proposed project or use will adversely affect public safety, such that street widening or other improvement shall be required unless the designated area of future right-of-way lines of such lot has been granted to the city." The City council, by its Resolution No. 14-92, adopted February 10, 1992, has established guidelines for the enforcement of this section. section 2. Amendments. section 7.72.040 of the Dublin Municipal code shall be amended to read as follows: "Section 7.72.040 Improvement--Required "A. Any building permit, conditional use permit, site development review approval, variance, rezoning to a planned development district or other discretionary approval of a proposed land use or project for a lot or lots issued, approved or made which will result in an increase in traffic generation on the street or streets upon which the proposed project or use abuts or will abut, such that street widening or other improvement shall be required, shall be conditioned upon improvement by the applicant of one-half (1/2) of such street or streets, measured from the designed centerline of such street or streets, by installation or relocation of paving, tie-in paving, curbs, gutters, sidewalks, and driveways, storm and sanitary sewers, drainage facilities, utilities, street trees and landscaping for the full width, and in the case of a corner lot, for the full depth and corner radii of such lot. No certificate of occupancy for such building or structure shall be issued until such improvements have been completed. B. Any building permit, conditional use permit, site development review approval, variance, rezoning to a planned development district or other discretionary approval of a proposed land use or project for a lot or lots ~",,!l'~ ,!,,:e~,:,, '\::r"Cl'll 1J t:", './ :~,' . ,~- >:.i,f t>....:.~/ ':;~ ~ .1i; ,;~ ..:~~, ~;~ ;J o ~ aY)UJ 4 ..~2-~."'-,. - 1 - e - " . issued, approved or made which will adversely affect public safety, such that public improvements shall be required, shall be conditioned upon those improvements by the applicant within the public right-of-way necessary to eliminate the adverse effect on public safety." The city council, by its Resolution No. 14-92, adopted February 10, 1992, has established guidelines for the enforcement of paragraphs A and B of this section. Section 3. Amendments. section 7.72.080 of the Dublin Municipal Code is amended to read as follows: "section 7.72.080 Reduction in Obligation "In any case in which the city Engineer determines that the designated area as defined in Section 7.72.030, or designated centerline as defined in section 7.72.060, require of the applicant dedication (pursuant to section 7.72.020) and improvements to a greater extent than is reasonably related to the increased traffic and other needs of the proposed land use, he shall recommend to the city council that the applicant's obligation shall be reduced accordingly. The city council may authorize the issuance of a building permit thereafter upon receipt of an agreement, executed by the applicant, to make such dedication and improvements as the city council may require in reducing his obligation because of the proposed land use. such agreement may include provisions for participation by the city in required right-of-way acquisition and improvements." section 4. 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, APPROVED, AND ADOPTED this 24th day of February, 1992 AYES: councilmembers Burton, Howard, Jeffery, Moffatt, and Mayor snyder NOES: None ABSENT: None ATTEST: /J11 fJ./ ( )\ 1)..( f.C-' J \ 'C City Clerk" '. ,,- Ii -- ;: , t' a: (corres)\feb\Ordrwded - 2 -