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Home My WebLink About8.1 IntntRealgnROW StPtrck AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 1, 1996 CITY CLERK 'File # I---]~~~-I "F 0 St. Patrick Way SUBJECT: PA 95-043 Resolution of Intention to realign the established Right-of Way Line for a New Road Parallel to and South of Dublin Boulevard Between Golden Gate Drive and Regional Street (the Parallel Road) (Report Prepared By: Lee Thompson, City Engineer and Jeri Ram, ,2~ Associate Planner) EXHIBIT ATTACHED' 1) Resolution of Intention to realign the established right-of-way line. 2) Map of Proposed Realignment 3) Letter dated September 20, 1996, from Matt Brooks to Planning Commission RECOMMENDATION: , ~'1~/'1) '~"' ~/~ 2) Adopt Resolution of Intention to realign the established right-of-way line Set a public hearing for October 15, 1996. 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 realigmnent of the established right-of-way line for the Parallel Road between Regional Street and Golden Gate Drive has previously been requested by the affected property owners and has been authori.zed for study by the City Council. Background: In 1987 the City Council adopted the Doxw~town Specific Plan. A road parallel to and south of Dublin Boulevard (the Parallel Road) was included in the circulation element of the Plan to improve circulation in the downtown area. After several public bearings, a Mitigated Negative Declaration for this Parallel Road was adopted on September 26, 1988, and the right-of-way line for the Parallel Road between Amador Plaza Road and Regional Street was approved by the City Council with Plarming Commission recommendation, on October 10, 1988. COPIES TO: Matt Brooks Lincoln Properties ITEM NO. ~/Z / ! 4 More recently, a portion of the roadway, from Amador Plaza Road to Golden Gate Drive has been incorpor&ted into a plan as a continuation of the new 1-680 hook ramps to Amador Plaza Road. On February 24, 1994, the City Council approved the initiation of a study to realign the approved right-of-way line between Golden Gate and Regional Street. The Study was initiated at the request of the owners of the Orchard Supply Shopping Center and the Unisource Building. Since the Study was initiated, the Unisource Building has been sold to Lincoln Properties. The Planning Commission heard this item at a public hearing on September 24, 1996. At that time, they adopted an Addendum to the Mitigated Negative Declaration and a Resolution recommending the City Council adopt a Resolution of Intention. Analysis: The owners of the Orchard Shopping Center and the former owners of the Unisource Building requested that the City perform a Study to determine if the approved right of way could be realigned to provide an area for construction of loading docks behind the shopping center. The City approved the initiation of a Study on February 24, 1994. Carlson Barbee and Gibson, Inc., consulting engineering, prepared the Study to reflect the two property owners' desires. The two property owners then entered into a written agreement for this new alignment. Staff reviewed the proposed alignment and made a small change to line up the intersection at Golden Gate Drive with the approved right of way connection from Amador Plaza Road. With this revision, staff agrees that the new alignment is acceptable. The existing and proposed alignments are illustrated on Exhibit 2 along with a legal description that more accurately describes the realignment. After completion of the study, staff met with Steve Dunn of Lincoln Properties and Matt Brooks, owner of the shopping center. Both Lincoln Properties and Matt Brooks verbally agreed to the realignment. On September 23, 1996, staff received a letter from Matt Brooks (Exhibit 3). In that letter Mr. Brooks expresses concern regarding two issues: (1) Is the alignment in accordance with his agreement with Lincoln Properties; and (2) Loss of parking and its impact on the shopping center. To staffs best knowledge, the realignment (except to line up the road with the intersection) is the same as what was agreed to between Lincoln Properties and Matt Brooks. The engineer that was hired to do the Realignment Study was hired by the parties to the agreement, not the City. There is no additional loss of parking for the Orchard Shopping Center with the realignment. The impact on parking for the Orchard Shopping Center was analyzed as part of the original alignment study in 1988, and although it was determined that the Center would lose approximately 69 spaces, that amount was not considered significant due to low utilization of parking in the downtown area. Staffs evaluation of the realignment included a review of the impact on existing parking facilities for the Lincoln Properties building. The project involved the potential for acquisition of property currently used for parking and driveways. The Lincoln Properties parking will be reduced below the amount that is required per the Variance and Conditional Use Permit for the property and the zoning requirements for a warehouse. Zoning normally would require 300 spaces; however, the Variance/Conditional Use Permit specified 187 spaces, with 2 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 that 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 approved :itigation Measures indicates that 132 spaces can be replaced with 108 new spaces for a net of 163 spaces (187 original spaces - 132 spaces for the Parallel Road + 108 improved and new spaces) (this does not include a possible land exchange with BART to provide additional parking). Therefore, the loss of an additional 10 spaces is not considered significant in light of the approved mitigation measures. Should the City Council not approve the realignment, the existing alignment as shown on Exhibit 2 would remain. The existing or proposed alignment would adequately satisfy the policies of the General Plan and Downtown Specific Plan. 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 when the public hearing will be held on the first reading of the ordinance and how to submit written protests. RECOMMENDATION: It is recommended that the City Council, pursuant to Sections 7.68.080 through 7.68.100, call a public hearing on October 15, 1996, to hear any protests or objections to the establishment of the proposed right-of-way. LPA95-043\ccsr RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING A RESOLUTION OF INTENTION TO REALIGN AN ESTABLISHED RIGHT-OF-WAY LINE FOR A NEW ROAD PARALLEL TO AND SOUTH OF DUBLIN BOULEVARD BETWEEN GOLDEN GATE DRIVE AND REGIONAL STREET (THE PARALLEL ROAD). WHEREAS, the City Council has received a report and recommendation from the Planning Commission recommending the realignment of a right-of-way line for a new road parallel to and south of Dublin Boulevard between Golden Gate Drive and Regional Street (the Parallel Road). WHEREAS, it is the intention of the City Council to realign the established right-of-way line for the abovesaid road; and 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 hearing 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 October 15, 1996, 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 right-of-way line hereinafter set forth: Right-of-Way Line parallel to and south of Dublin Boulevard between Golden Gate Drive and Regional Street (the Parallel Road). All that certain real property situated in the City of Dublin, County of Alameda, State of California, described on Attachment 1. 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 hearing. l0 Any person having any interest in any land as described above upon which said right-of-way lines are proposed to be established may file a written objection with the City Clerk at any time no later than the hour set for hearing objections. PASSED, APPROVED, and ADOPTED this 1 st day of October, 1996. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk GSPA95-043\CCRES SEPTEMBER 12, 1996 JOB NO.: 91277-05 LEGAL DESCRIPTION PROPOSED PARALLEL ROAD DUBLIN, CALIFORNIA REAL PROPERTY, SITUATE IN THE INCORPORATED TERRITORY OF THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT B, LOT C AND LOT E, AS SAID LOT B, LOT C AND LOT E ARE SHOWN AND SO DESIGNATED ON THAT CERTAIN PARCEL MAP NO. 4224 RECORDED FEBRUARY 6, 1984 IN BOOK 143 OF MAPS AT PAGE 6 IN THE OFFICE OF THE COUNTY RECORDER OF ALAMEDA COUNTY, ALSO BEING A PORTION OF PARCEL C, AS SAID PARCEL C IS SHOWN AND SO DESIGNATED ON THAT CERTAIN PARCEL MAP NO. 1307, RECORDED JANUARY 29, 1976 IN BOOK 89 OF MAPS AT PAGE 8 IN SAID OFFICE OF THE COUNTY RECORDER OF ALAMEDA COUNTY, MORE PARTICIILARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERN CORNER OF SAID PARCEL C (89 M 8); THENCE, FROM SAID POINT OF BEGINNING, ALONG THE SOUTHWESTERN LINE OF SAID PARCEL E AlqD PARCEL B (143 M 6), NORTH 20°51'45" WEST 108.00 FEET; THENCE LEAVING SAID SOUTHWESTERN LINE, ALONG THE ARC OF A NON- TANGENT 40.00 FOOT R3tDIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 69°08'15" EAST, THROUGH A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 62.83 FEET; THENCE, NORTH 69°08'15" EAST 234.60 FEET; THENCE, ALONG THE ARC OF A TANGENT 416.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 14°02'10", AN ARC DISTANCE OF 101.91 FEET; THENCE, NORTH 55°06'05" EAST 91.76 FEET; THENCE, ALONG THE ARC OF A TANGENT 1034.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 15°00'48'', AN ARC DISTANCE OF 270.94 FEET; THENCE, NORTH 74056'57'' EAST 57.11 FEET; ATTACHMENT LEGAL DESCRIPTION PAGE TWO SEPTEMBER 12, 1996 JOB NO.: 91277-05 THENCE, ALONG THE ARC OF A TANGENT 400.00 FOOT RADIUS CURVE TO T~E LEFT, THROUGH A CENTR3kL ANGLE OF 11°08'14'', AN ARC DISTANCE OF 77.75 FEET; THENCE, NORTH 63°48'43'' EAST 332.05 FEET; THENCE, ALONG THE ARC OF A TANGENT 40.00 FOOT R3kDIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 84%0'28", AN ARC DISTANCE OF 59.11 FEET TO A POINT ON THE SOUTHEASTERN LINE OF SAID LOT C (143 M 6); THENCE, ALONG SAID SOUTHEASTERN LINE AND THE SOUTHEASTERN AND SOUTHERN LINE OF SAID LOT E, THE FOLLOWING FIVE (5) COURSES: 1) SOUTH 20051'45 EAST 33.42 FEET, 2) ALONG THE ARC OF A TANGENT 34.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTR3IL ANGLE OF 35°57'02", AN ARC DISTANCE OF 21.33 FEET, 3) ALONG THE ARC OF A REVERSE 50.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 74054'43" EAST, THROUGH A CENTR3iL ANGLE OF 83°06'19", AN ARC DISTANCE OF 72.52 FEET, 4) SOUTH 20°51'45" EAST 20.37 FEET, AND 5) SOUTH 69°08'15 WEST 1.00 FEET; THENCE, LEAVING SAID SOUTHERN LINE, ALONG THE ARC OF A NON- TANGENT 40.00 FOOT R3iDIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 69°08'15" WEST, THROUGH A CENTR3kL ANGLE OF 82°30'20", AN ARC DISTANCE OF 57.60 FEET; THENCE, SOUTH 63048'43" WEST 296.17 FEET; THENCE, ALONG THE ARC OF A TANGENT 484.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 09°27'40", AN ARC DISTANCE OF 79.92 FEET; THENCE, SOUTH 73016'23" WEST 30.97 FEET; LEGAL DESCRIPTION PAGE THREE SEPTEMBER 12, 1996 JOB NO.: 91277-05 THENCE, ALONG THE ARC OF A TANGENT 966.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 18°10'19'', AN ARC DISTANCE OF 306.38 FEET; THENCE, SOUTH 55006'05'' WEST 91.76 FEET; THENCE, ALONG THE ARC OF A TANGENT 484.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 14°02'10", AN ARC DISTA/qCE OF 118.57 FEET TO A POINT ON THE NORTHERN BOUNDARY LINE OF SAID PARCEL C (89 M 8); THENCE, ALONG SAID NORTHWESTERN LINE, SOUTH 69°08'15'' WEST 234.60 FEET; THENCE, LEAVING SAID NORTHWESTERN, ALONG THE ARC OF A TANGENT 40.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 62.83 TO A POINT ON THE SOUTHWESTERN LINE OF SAID PARCEL C; THENCE, ALONG SAID SOUTHWESTERN LINE, NORTH 20051'45'' WEST 40.00 TO SAID POINT OF BEGINNING AND CONTAINING 1.9453 ACRES OF LA/qD, MORE OR LESS. END OF DESCRIPTION CHRISTOPHER S. HARMISON L.S. 7176 EXPIRES DECEMBER 31, 1999 LOT B i : 1'=200' Pm 4224 " 143 ivJ 6 i LOT C ,=~ i PM 4224 ~1'~ - "--POINT OF BEGINNING LOT E PCL C PM 4224 PM 1307 143 M 6 ~9MB TAN~NT TAB~ CUR~ TABLE - UNE B~NG DIST~ CUR~ R~IUS ~O~ DELTA L1 N 20~1'45' W 1~,00' C3 40.00' 6Z~' ' L2 N 69'~'15' E 234.60' C2 416.00' 101.91' 14~2'10' L5 N 63'~'~" E 332.05' C5 40.00' 59.11' L6 S 20~1'45' E 33,42' ~ 34.~' 21.~' 3557'02' L7 S 20~1'45' E 20.57' C7 50.00' 72.52' ~'~'19' L8 S 69~8'15' W 1.~' C8 ~.00' 57.60' 82'~'20' Lg ; S 6~'~'4~' W - - 296,17' ~ 484.00' 79.92' 09~7'~' L13 N 20~'45' W 40.00' TO 2000 CROW CANYON P~CE. SUITE 250 SAN RAMON, CAUFORNIA 9458~ TEL (510) 866-0322 FAX (510) 866-8575 UNE BEARING DISTANCE L1 N 20.51'45' W 108,00' L2 N 69'08'15' E 234.60' L3 N 55'06'05" E 91.76' L4 N 74'56'57' E 57.11' L5 N 63'48'43" E 332.05' L6 S 20'51'45' E 33.42' L7 S 20'51'45' E 20..37' L8 S 69'08'15' W 1.00' L9 S 6Y48'43' W - - 296.17' LIO S 73'16'23' W 30.97' Lll S 55'06'05' W 91.76' L12 S 69'08'15' W 234.60' L13 N 20'51'45' W 40.00' CURVE RADIUS LENGTH DELTA Cl 40.00' 62.83' go'o0'o0' C2 416.00' 101.91' 14'02'10' C3 1054.00' 270.94' 15'00'4.8' C4 400.00' 77.75' 11'08'14' C5 40.00' 59.11' 84'40'28' C6 34.00' 21.33' 3557'02' C7 50.00' 72.52' 83'06'19' C8 40.00' 57.60' 82'30'20" C9 484.00' 79.92' 09'27'40' C10 966.00' 306.58' 18'10'19" Cll 484.00' 118.57' 14'02'10' C12 40.00' 6Z85' 90.00'00' NOVEMBER 1995 91277-05 Ardenbrool, Inc. Friday, September 20, 1996 Planning Commission of the City of Dublin c/o Lee S. Thompson, City Engineer City of Dublin PO Box 2340 100 Civic Plaza Dublin, CA 94568 Re: PA 95-043 Rea!Jgnment of new roadway 4725 THORNTON AV~2NUE FREMON"r, CALIFORNIA ~4536-6408 (510) 797-7980 SAN LEANDRO OFFICE: 7901 OAKPORT STR~"ET OAKLAND, CALIFORNIA 94621-2022 (510) 562-0300 SAN FRANCISCO OFFICE: ~ 200 SACRAMENTO STREET, sUrrE 600 SAN FRANCISCO, CALIFORNIA 9~ 108-1942 Dear Lee: I received the Agenda and Staff Report concerning the above referred to matter, which is to be heard on the 24th. Although I do not necessarily disagree Mth any of the materials which I have received, I would like to make several clarifications. First, when asked for my opinion and approval as to the changes in the proposed roadway alignment, I believe I was clear that I had entered into a quite specific a~eement already with Lincoln Properties concerning this matter. As a part of this a~.reement, I agreed that I would not propose or agree 'to any other alignment than that a}reed to in that agreement. Due to this situation, I could not agree or disagree to any p~oposed realigrLrnent of the new roadway. I believe that you have a copy of this agreement, but if you do not I will be happy to provide to you a copy of this agreement. Second, that as the new roadway, whether or not it is realigned, will be taking parking from our Shopping Center. Due to this, the City needs to address my concern that our Property will not be unfairly penalized or handicapped due to this lost of par'king. I respectively request that the two above mentioned items be considered by the Planning Commission's in its review of this matter. Sincerely, Dublin Shopping Center W ~liam Mathews Brooks President cc: S. Moldaw 1t09206 but we do Bot guaxantee lt. The prospe, c~ave user of the irfformataon shoran caren,m) venly earn item ann all. ome_r msormauon I- Z ~ ~Q~ z"!l:Z "'O~ ~ j_....:::::i ....I ~ 0<( <,...IV ,...I - Q<~ cc.... ~~! rJ'J c - > ~ ~ ,,. F ,t .... ,I- ~ ," '-'l J' ~ I- ~ E], i or- ~ i ~ 1 ! 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