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HomeMy WebLinkAbout03-062 Dubln BART ParkngStructrAGENDA STATEMENT PLANNING COMMISSION MEETING DATE: September 27, 2005 SUBJECT: PUBLIC HEARING: PA 03-062, East Dublin BART Parking Structure Stage 2 Planned Development Rezoning and Site Development Review Report Prepared by, Marnie R. Nuccio, Associate Planner ATTACHMENTS: 1. Resolution recommending City Council adoption of a Stage 2 Planned Development Rezoning, with Ordinance attached as Exhibit A 2. Resolution refemng decision making authority and recommending City Council approval of Site Development Review, with City Council Resolution attached as Exhibit A 3. Dublin Transit Center Land Use Plan 4. Project Plans RECOMMENDATION: 1. Open public hearing and hear Staff presentation. 2. Take testimony from the Applicant and the public. 3. Close public hearing and deliberate. 4. Adopt Resolution (Attachment 1) recommending City Council adoption of a Stage 2 Planned Development Rezoning, with Ordinance attached as Exhibit A. 5. Adopt Resolution (Attachment 2) referring decision making authority and recommending City Council approval of Site Development Review, with City Council Resolution attached as Exhibit A. PROJECT DESCRIPTION: Dublin Transit Center Background: In December 2002, the City Council adopted Resolution 216-02 approving a General Plan/Eastern Dublin Specific Plan Amendment; Ordinance 21-02 approving a Stage 1 Planned Development Zoning; and, Resolution 02-40 approving Tentative Parcel Map 7892, for the Dublin Transit Center, located generally between the Iron Horse Trail to the West, Dublin Boulevard to the North, Arnold Road to the East, and the Dublin/Pleasanton Bay Area Rapid Transit (BART) Station to the South. A Master Development Agreement for the Dublin Transit Center was adopted by Ordinance 5-03 in May 2003 and together with the approved General Plan/Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, and Vesting Tentative Parcel Map established the land use approvals for the future development of the site. The Dublin Transit Center project area includes the future development of up to 1,800 residential units on Sites A, B, C, and E-1; 1.7-million square feet of campus office on Sites D and E-2; and 70,000 square feet of ancillary retail uses to be dispersed between Sites B-E and adjacent to the BART parking structure. Open space will be provided by a 12.20 gross acre park located on Site F and a 1-acre Village Green located between Sites B and C. The Transit Center project area also includes 8.65 gross acres of Copies to: Applicant/Property Owner In House Distribution ITEM NO. public/semi-public uses including the future BART parking structure, an existing PG & E substation, and surface parking lots for BART patrons (See Attachment 3). Development Projects: On May 5, 2004, a Vesting Tentative Parcel Map was approved by the Community Development Director to subdivide Site A into three project areas, Sites A-1, A-2 and A-3. In April of 2004 EAH, Inc. received approval to develop Site A-2 (see Figure 1) with 112 apartment units affordable to very-low and low- income households; construction is currently underway. Figure 1. Dublin Transit Center Project Area g_I Site E-I Site A-I Site A-2 ~ Site _.._. 1 - ' - Site D-I ,.. n ~': ~~~~ _ _ ~ , BART Parking Site A-3~ - ~ - 1- Structure Village Green ... ~~~ I. Site C ', li s,.,.,., ~ yA ~' ,.. .w ...,.~ ;..._ _ ; BART Station In November 2004, the Planning Commission approved a Vesting Tentative Tract Map for the subdivision of Site B into two project areas, Sites B-1 and B-2 (see Figure 1). In January 2005 D.R. Horton received approval for the development of 257 condominium units on Site B-1 and Avalon Bay Communities received approval for the development of 305 apartment units and 12,750 square feet of ground floor retail on Site B-2. A 1-acre park to the south of Site B, the Village Green (see Figure 1), was also proposed in January 2005 but was not approved. A separate application will be submitted by Avalon Bay for the park site. Site B-1 is currently under construction by DR Horton and Site B-2 is currently in Building Plan Check review. DR Horton submitted a proposal in July 2005 for the development of Site E-1 with 300 condominium units and ] 5,000 square feet of ground floor retail. The Stage 1 Development Plan for the Transit Center adopted a "flex zoning" which allowed for the development of up to 300,000 square feet of campus office and 150 residential units on Site E-1 and up to 190,000 square feet of campus office and 150 residential units on Site D-1 (see Figure 1). At the September 20, 2005 City Council meeting, the Council introduced an Ordinance amending the Master Development Agreement for the Dublin Transit Center to allow the 300 "flex" residential units to be developed entirely on Site E-1 thereby increasing the total number of residential units within the Dublin Transit Center from 1,500 to ],800 and reducing the overall square footage of Campus Office from 2-million square feet to 1.7 million square feet. Additionally, the Council considered whether the additional 300 units should be subject to the affordable housing requirements contained in the Master Development Agreement for the Dublin Transit Center or the City's current InclusionaryI_oning Requirements. DR Horton's project is currently under review by Planning. 2 The remainder of the Dublin Transit Center project area remains primarily undeveloped with the exception of existing surface parking lots for BART patrons. East Dublin BART Parking Structure Background: In 1993 the City of Dublin and County of Alameda Surplus Property Authority (SPA) entered into an agreement relating to the annexation of properties owned by SPA. These properties included the site currently known as the Dublin Transit Center. The Annexation Agreement requires that any development proposed for the Transit Center property shall be processed in accordance with: The City's rules, regulations, ordinances or other enactments relating to land use including but not limited to the City's General Plan, any applicable Specific Plan, Municipal Code, Zoning Ordinance, Building Code, Electrical Code, Mechanical Code and Flousing Code. " In addition, the County was required to ensure that if it transferred the property to another governmental agency that a clause would be included in the deed requiring the same compliance that is referenced above. The deed transferring a portion of the property on which the BART parking garage would be constructed from SPA to BART did not contain such a provision. Absent such a waiver of its sovereign immunity, BART is not subject to the City's land use and building regulations. Nonetheless, since a portion of the proposed BART parking garage is on property owned by SPA, the BART parking garage would require the following approvals: • Approval of a Stage 2 Planned Development Rezoning; • Approval of Site Development Review; and • Approval of a Specific Plan Development Agreement. In addition, the construction of the garage would be required to comply with all of the City's building standards in relation to the construction of the garage, including but not limited to: • The City of Dublin Building Code; • The City of Dublin Fire Code; • The City of Dublin Electrical Code; • The City of Dublin Plumbing Code; • The City of Dublin Mechanical Code; and • Any other applicable Codes relating to construction. Although the garage would be constructed by SPA, BART desires that the Project not be subject to the City's building standards nor to the jurisdiction of the City's Building Official, and that BART "self- inspect" the garage construction. As a result, the SPA requested that the City waive the following requirements: 1) The requirement that the BART parking garage be subject to the City's building standards and to thejurisdiction of the City's Building Official; and 2) The requirement that the project obtain a Specific Plan Development Agreement. On August 16, 2005 the City Council considered the SPA's request and adopted a Resolution approving an agreement between the City of Dublin and the Alameda County Surplus Property Authority to waive 3 the aforementioned requirements. The BART parking garage is still subject to a Stage 2 Planned Development Rezoning and Site Development Review. By waiving the Building Official's jurisdiction over the project, the mechanism by which enforcement of Site Development Review conditions of approval is removed. In response to this, the Agreement included a mechanism to ensure that the conditions of approval would be enforceable by the City. The Project: The East Dublin BART Parking Structure (the "Project") would be located on approximately +4.99 acres of the +8.65 gross acres of public/semi-public lands within the Dublin Transit Center. The site is surrounded by Site D-I to the north (future Campus Office site), D-2 to the east (future Campus Office site), I-580 and the Dublin/Pleasanton BART Station to the south and Site C (future High Density Residential site) to the west. The Project includes a 6-7 level parking structure, surface parking, landscaping and the future construction of 7,500 square feet of retail. The parking garage is planned to be constructed in two phases: Phase I, to be constructed by the Alameda County Surplus Property Authority, would include the construction of a 7-level, 1,528 space parking structure and Phase II, to be constructed by BART, would consist of a 6-level, 655 space parking structure. The future retail component would also be constructed by BART. It is unknown at this time when Phase II of the parking garage or the retail would be constructed. ANALYSIS: General Plan and Eastern Dublin Specific Plan Consistency The Project would be consistent with the Dublin General Plan and Eastern Dublin Specific Plan, of which the Project is a part. Both the General Plan and Specific Plan have adopted aPublic/Semi-Public land use designation for the Project site. The proposed Project is consistent with this land use designation as it is a quasi-public use which will be owned by the Bay Area Rapid Transit District. The Project site would be located within the Eastern Extended Planning Area, as defined by the Dublin General Plan, and the Transit Center Planning Subarea, as defined by the Eastern Dublin Specific Plan. The guiding policy for the Eastern Extended Planning Area is to, "Encourage the development of a full range of commercial and employment-generating uses... that will meet the needs of the City and surrounding Tri-Valley area." The proposed Project is consistent with this policy as it is one component of a transit oriented development which includes retail and campus office uses as well as high density residential uses within close proximity to mass transit. The proposed BART parking structure aids in the development of such uses by providing structured parking which would free up land for the development of such uses. The Transit Center Planning Subarea was adopted to maximize the transit opportunities presented by the BART Station and associated bus hub by creating a pedestrian oriented, high density mix of uses within easy walking distance of mass transit. To further this goal, parking for BART patrons would be relocated from existing surface lots to a multi-level parking structure in order to allow for the development of high density residential uses within walking distance of mass transit. The Project would be located in a high visibility area and as such is required to incorporate architectural elements which present a high profile, quality image (see Architecture below). Ancillary retail and service uses that offer convenient goods and services to area residents; employees and commuters are encouraged on the ground floor along Iron Horse Parkway and have been planned for as part of this Project (see Retail below). 4 Stage 2 Planned Development Rezonine The Stage 1 Planned Development Zoning adopted for the Dublin Transit Center in December 2002 zoned the Project site as a public/semi-public land use and allowed structured parking as a permitted use. The Stage 1 Development Plan anticipated the construction of a multi-level BART parking structure to replace surface parking throughout the Dublin Transit Center. According to the Stage 1 Development Plan, the BART parking garage was planned to be constructed in phases with the first phase accommodating approximately 1,700 parking spaces. The parking structure was to be designed so that BART could add an additional 500 structured spaces in the future (Phase II). In total, 2,200 parking spaces would be provided for BART patrons. The Eastern Dublin Specific Plan requires that a Stage 2 Planned Development Rezoning be adopted prior to project specific Site Development Review approval. The Stage 2 rezoning establishes the specific use, site layout, development regulations, and architectural and landscaping concepts for the Project (Exhibit A, Attachment 1) and must be compatible with the adopted Stage 1 Planned Development Zoning. The proposed Stage 2 Development Plan would be compatible with the adopted Stage I Zoning as follows (See Table 1): • 1,528 structured parking spaces would be provided in the Phase I garage and 178 surface parking spaces adjacent to the garage for a total of 1,706 parking spaces. • The Phase I garage would be constructed with the ability to expand the garage to accommodate an additional 655 structured parking spaces (Phase II). • A total of 2,152 structured parking spaces (Phase I and Phase II) and 67 surface parking spaces (Phase II) would be provided for a grand total of 2,219 parking spaces. • Site improvements including the installation of landscaping would be provided for both Phases of the Project. Table 1. Structured and Surface Parking for BART Patrons Phase I Phase II Grand Total* Structured Parkin 1,528 655 2,152 Surface Parkin 178 67 67 Total 1,706 722 2,219 *The construction of Phase II of the garage will result in a loss of some structured and surface parking spaces from Phase I. See Grand Total column for total number of spaces provided at project build-out. Site Development Review Background: In 1997, with the official opening of the Dublin/Pleasanton BART Station, approximately 1,200 surface parking spaces were located adjacent to the BART Station. In 1999, the SPA constructed an additional 427 surface parking spaces for an approximate total of 1,627 spaces. In 2002, the City of Dublin adopted a master plan for the development of the Dublin Transit Center which included the future construction of a BART parking structure to replace all existing surface parking for the future development of high density housing within close proximity to mass transit. According to a recent site assessment of surface parking, there exists today a total of 1,741 surface parking spaces throughout the Dublin Transit Center (See Sheet A, Attachment 4). As noted above, originally it 5 was estimated that there were 1,627 spaces which was a little lower than what actually exists there today. Existing surface parking is provided as follows (See Figure 2): • Site C (1,086 spaces), • PG&E Substation (83 spaces), • Site A (427 spaces), and • Portion of the future BART garage site (145 spaces). Site , (427 space! PG&E Substation (83 spaces) Sits (1,086 spac k~~' ~-=~ Phase I Site Plan: A 7-level parking garage with 1,528 structured parking spaces is proposed to be located on the northern half of the site with I10 surface parking spaces located south of the structure. The existing traction equipment station located southwest of the Phase I parking garage would remain and would be surrounded by 68 surface parking spaces for a total of 178 surface parking spaces. An existing communications tower, located north of the proposed parking structure would also remain (See Figure 3). Figure 3. Phase I BART Parking Structure Communication ~" ~ ~I y .. -a.- TraetlOn TOWer ~ reuresec •r ie,<. ~_' r.e~ixe ~re~ Equipment ~ ~ j ~ ,t _ _ _ Station ,/, a k ~'~..r a , um I+ 68 Surface Spaces ;- ~_ _ ~ ~T ~ :~ Portion of future BART garage (145 spaces) Phase I Parking Structure (1,528 spaces) ~ `~ 110 Surface -~ /~ Spaces ~.1l till ll llllltll Ilf ~: -1- ~ ` .. 1JL~J.11Jhillllllk~..l ~ 'Gi~llllfl ~I 1_It'` i I I II ' - __ - _ ~. .-_ .:' _ .. _ _ .rc3 While Phase I of the BART garage is under construction 145 existing surface parking spaces which are located on a portion of the site would be relocated to Site A (See Sheet B, Attachment 4). Upon 6 completion of Phase I, all existing surface parking on Site C and Site A would be relocated to the parking structure and the both surface parking lots would be demolished. Phase II Site PJan: A 6-level parking structure is proposed for Phase II of the Project and would be physically connected to the south elevation of the Phase I, 7-level parking structure. 31 structured parking spaces in the Phase I garage and 110 surface parking spaces south of the Phase I garage would be displaced by the construction of the Phase II structure. The displacement of 31 structured spaces would be necessary in order to extend the drive aisles from the Phase I structure into the Phase II structure; the displacement of 110 surface parking spaces would be necessary for the construction of the Phase II garage. 67 surface parking spaces would remain adjacent to the traction equipment station (See Figure 4). In all, the amount of parking provided for both Phases of the project would be 2,219 parking spaces (See Table 1). Figure 4. Phase II BART Parking Structure 67 Surface Spaces J!.~ ' ~, Phase I Parking Structure (1,528 spaces) Phase II Parking Structure (655 spaces) Access and Circulation: The parking structure would have two main points of vehicular access, one off of Iron Horse Parkway and the other off of the future Altamirano Road. From Altamirano Road there would be an east and west point of entry along the southern elevation of the parking structure. Direct. access to surface parking would also be off of Altamirano Road. When Phase II of the parking structure is constructed the east and west points of access off of Altamirano Road would be relocated to the southern elevation of the Phase II structure. The Phase II structure would be constructed over the surface parking lot directly south of the Phase I parking structure and would include six levels of parking. The circulation pattern of the Phase I parking structure would be tied into the Phase II parking structure. The surface parking southwest of the parking structure (adjacent to the traction station) would remain unchanged (See Sheets 2 and 18, Attachment 4). Architecture: The 7-level (Phase I) and 6-level (Phase II) parking structures would be constructed of concrete with splitface stone accents on the ground floor and on vertical elements also known as facade panels. Security screens are proposed on the lower levels of the garage and would be incorporated into faFade panels as an accent feature. Painted metal louvers would also be incorporated into the facade panels to create added interest to the structure at defined points. Together the facade panels, splitface stone accents, security screens and painted metal louvers aid in breaking up the massing of the garage. North Building Elevation (Sheet 12, Attachment 4): The north elevation would include the main vehicular entrance to the garage (off of Iron Horse Parkway) which is defined by an entry canopy, 7 supported by stainless steel cables, and building signage. This vehicular entrance would be surrounded by splitface accent stone and security screens on the ground floor framing the entry point into the garage. Security screens are also proposed as an accent feature above the entry canopy. Also above the entry canopy, on levels three and four, would be a series of facade panels. The facade panels would be accented with a smooth finish, colored stucco with painted metal louvers incorporated within. Each facade panel would be capped with horizontal banding or scoring. Smooth finish, colored stucco accents would complete the entry statement by tying the facade panels on levels three and four to the roof level of the structure. This accent feature would be repeated intermittently on level three of the garage. The east end of the north elevation would have an exterior stairway and strong vertical facade panel as an accent feature. Incorporating elements from the vehicular entry, this facade panel would include splitface accent stone on the ground level, painted metal louvers on the second level, and security screens on levels three through six. The facade panel would have a border of smooth finish of colored stucco tying it in with the facade panels proposed above the main vehicular entry. South Building Elevation (Sheet 14, Attachment 4): The south elevation, facing the BART station and I- 580, would be approximately 374' in length. To break up the massing of this elevation, facade panels are evenly spaced across the entire elevation creating vertical elements which would have splitface accent stone, painted metal louvers and security screens to accent them. The upper levels of the garage, which would be most visible from I-580 and the BART platform, would include a smooth finish colored stucco border with painted metal louvers incorporated within. Horizontal scoring or banding would complete the feature by creating a cap at the top. Two vehicular entrances would be located along the south elevation and are defined with splitface stone accents on the ground floor and facade panels above. On the east end of the building is an exterior stairway and on the west end an elevator tower. Elevator Tower (Sheets 14 & 15, Attachment 4): The elevator tower would stand 98' tall and be located on the southwest corner of the Phase I parking garage. The tower would have a splitface stone accent base. The pedestrian entry/exit to the tower would be covered by a canopy which would compliment the entry canopy proposed over the main vehicular entrance to the garage. The tower would have a smooth colored stucco finish on either side of a tinted glass curtain wall. A backlit BART logo would be placed at the top of the tower. The north and south elevations of the tower would include two vertical glass curtain walls between a smooth finish colored stucco with an open breezeway in the center of the tower. The colors, materials, and finishes would be consistent with the facade panels used throughout the exterior of the parking garage. Preliminary Landscape Plan: The preliminary landscape plan was prepared by International Parking Design (IPD), Inc and includes perimeter landscaping as well as some surface parking lot landscaping. Perimeter landscaping includes Columnar English Oak along the north side of the parking structure, Saratoga Laurel along the east side, and Bamboo along the south side. The Bamboo is a temporary plant used to screen the southern elevation of the Phase I parking structure until Phase II is constructed. The streetscape includes Pyrus `Chanticleer', `Capital' or `Redspire' along Iron Horse Parkway and the future Campus Drive. In the parkway strip adjacent to the existing wall that separates I-580 from the site would be Red Oaks. Along the west side of the parking structure, adjacent to Iron Horse Parkway, is the future location of the retail buildings (to be constructed by BART); in the interim, the area would be landscaped with a variety of specimen plants (see Retail below). The Stage I Development Plan for the Dublin Transit Center established a preliminary landscape and streetscape plan for the entire Transit Center project area. Minor modifications to the preliminary 8 landscape plan have been incorporated as conditions of approval for this Project as follows: 1) Celtis sinensis has been conditioned to replace the Gleditsia (Honey Locust) along Iron Horse Parkway as Honey Locust tends to be more susceptible to insets and 2) Pyrus `Chanticleer', `Capital' or `Redspire' has been conditioned to replace the Aristocrat Pear along Iron Horse Parkway as the former resists disease better than the latter. Retail: The Project has been designed to allow for the future development of approximately 7,500 square feet of retail fronting Iron Horse Parkway; the retail buildings would be constructed by BART. Conceptual architectural designs and layout of the retail buildings were not included with the parking garage application. In the interim the northern portion of the future retail space would be landscaped with Lavender, anon-receeding bunch grass (Condition of Approval 1/20. g), and Salvia; the southern portion would include a temporary surface parking lot. The Stage 1 Development Plan for the Dublin Transit Center did not adopt a specific parking requirement for ancillary ground floor retail uses along Iron Horse Parkway. In an effort to promote a vital live/work environment and reduce potential traffic generation, the Stage 1 Development Plan requires that ancillary ground floor retail and service uses be clustered along Iron Horse Parkway. The proposed 7,500 square feet of retail adjacent to the BART garage would be consistent with the Stage 1 Development Plan by providing ground floor retail and service uses in a centralized, convenient, walkable area for residents, employees and BART patrons. Uses such as restaurants, coffee shops, dry cleaners and banks would provide easy pedestrian access without requiring an additional trip by car. Environmental Review: Pursuant to the California Environmental Quality Act, Staff has recommended that the Project be found exempt from additional CEQA review. The Project is within the scope of the Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395) which was certified by City Council Resolution No. 215-02 dated November 19, 2002. This recommendation is based on a determination that there are no supplemental impacts that would require preparation of a Supplemental EIR. Referring Decision Making Authority: Chapter 8.96 of the Dublin Zoning Ordinance allows the Planning Commission to transfer hearing jurisdiction to the City Council at its discretion because of policy implications, unique or unusual circumstances or the magnitude of the project. The City Council has been very involved with BART and Alameda County regarding the ability to enforce conditions, and the overall financing of the garage. Therefore, Staff has prepared a Resolution for the Planning Commission to transfer their hearing jurisdiction to the City Council with a recommendation for approval for the aforementioned reasons (See Attachment 2). Noticing: In accordance with State law, a public notice was mailed to all property owners and occupants within three hundred feet (300') of the proposed Project to advertise the Project and the public hearing scheduled for September 27, 2005. The public notice was also published in the Valley Times and posted at several locations throughout the City. 9 CONCLUSION: This application has been reviewed by applicable City departments and agencies and their comments have been incorporated into the Project and the recommended conditions of Project approval. The proposed Project is consistent with the Dublin General Plan and Eastern Dublin Specific Plan, and the Planned Development Zoning for the Dublin Transit Center and represents an appropriate project for the site. RECOMMENDATION: Staff recommends that the Planning Commission, 1) open the public hearing and hear Staff presentation, 2) take testimony from the Applicant and the public; 3) close Public Hearing and deliberate; 4) adopt Resolution (Attachment 1) recommending City Council adoption of a Stage 2 Planned Development Rezoning, with Ordinance attached as Exhibit A; and, 5) adopt Resolution (Attachment 2) referring decision making authority and recommending City Council approval of Site Development Review, with City Council Resolution attached as Exhibit A. 10 GENERAL INFORMATION: PROPERTY OWNER/ APPLICANT: Alameda County Surplus Property Authority 224 W. Winton Avenue, Room 110 Hayward, CA 94544 Attn: Patrick Cashman LOCATION: Southeast of Iron Horse Parkway adjacent to I-580 and the existing Dublin/Pleasanton BART Station Por. of APN 986-0001-013-02 and Por. of 986-0001-009 ZONING: PD, Planned Development (PA 00-013) GENERAL PLAN LAND USE DESIGNATION: Public/Semi-Public Facility SPECIFIC PLAN/ LAND USE DESIGNATION: Eastern Dublin Specific Plan, Public/Semi-Public I1 RESOLUTION NO. OS- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF STAGE 2 PLANNED DEVELOPMENT REZONING FOR THE EAST DUBLIN BART PARKING STRUCTURE LOCATED SOUTHEAST OF IRON HORSE PARKWAY ADJACENT TO I-580 AND THE EXISTING DUBLIN/PLEASANTON BART STATION (por. of APN 986-0001-009and por. of APN 986-0001-013-02) PA 03-062 WHEREAS, the Applicant, Alameda County Surplus Property Authority, has requested approval of a Stage 2 Planned Development Rezoning for PA 03-062, East Dublin BART Parking Structure, for the construction of a 6-7 level parking structure and the future development of 7,500 square feet of retail on approximately +4.99 acres of land, located on a portion of land within the Dublin Transit Center designated for public/semi-public uses, also within the Eastern Dublin Specific Plan area, southeast of Iron Horse Parkway adjacent to I-580 and the existing Dublin/Pleasanton BART Station; and WHEREAS, the Applicant has submitted a complete application fora Stage 2 Planned Development Rezoning for the construction of a 6-7 level parking structure and the future development of 7,500 square feet of retail, which is available and on file in the Planning Division; and WHEREAS, the Applicant has submitted project plans in conjunction with the requested entitlement dated September 12, 2005 and a Stage 2 Development Plan; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, Pursuant to the California Environmental Quality Act, Staff has recommended that the project be found exempt from additional CEQA review. The Project is within the scope of the Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastem Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395) which was certified by City Council Resolution No. 215-02 dated November 19; 2002. This recommendation is based on a determination that there are no supplemental impacts that would require preparation of a Supplemental EIR; and WHEREAS, a public hearing was scheduled before the Planning Commission on September 27, 2005; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission describing the project and outlining the issues surrounding the request; and ATTACHMENT WHEREAS, the Planning Commission did hold a public hearing on said project application on September 27, 2005; and WHEREAS, the Planning Commission did use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said Stage 2 Planned Development Rezoning: A. The proposed amendment will be harmonious and compatible with existing and potential development in surrounding areas. B. The subject site is physically suitable for the type and intensity of the zoning district being proposed. C. The proposed amendment will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety, and welfare. D. The proposed amendment is consistent with the Dublin General Plan and Eastern Dublin Specific Plan. E. The proposed Planned Development Zoning District meets the purpose and intent of Chapter 8.32 Planned Development Zoning District of the Dublin Zoning Ordinance. F. Development under the Planned District Development Plan will be harmonious and compatible with existing and future development in the surrounding area. BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend that the City Council approve the Stage 2 Planned Development Rezoning in substantially the form attached as Exhibit A for PA 03-062 East Dublin BART Parking Structure. PASSED, APPROVED AND ADOPTED this 27`h day of September 2005. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Planning Manager Planning Commission Chair 2 ORDINANCE NO. - OS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE ZONING MAP TO REZONE PROPERTY AND APPROVING A RELATED STAGE 2 DEVELOPMENT PLAN FOR THE PROJECT KNOWN AS THE EAST DUBLIN BART PARKING STRUCTURE WITHIN A PORTION OF THE DUBLIN TRANSIT CENTER (por. of APN 986-0001-009and por. of APN 986-0001-013-02) PA 03-062 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. By Ordinance No. 21-02 the City Council rezoned the approximately 91-acre area known as the Dublin Transit Center ("the Transit Center") to a Planned Development Zoning District and adopted a Stage 1 Development Plan for the Transit Center. B. This Ordinance adopts a Stage 2 Development Plan for a portion of the Transit Center, designation for public/semi-public uses also known as the BART parking structure site. Section 2. FINDINGS AND DETERMINATIONS Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows: 1. The Project, known as the East Dublin BART Parking Structure, Planned Development Zoning meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that is tailored to the public/semi-public and ancillary commercial land uses proposed on the Project site and creates a desirable use of land that is sensitive to surrounding land uses by virtue of the layout and design which is in close proximity to mass transit. 2. Development of the East Dublin BART Parking Stnucture under the Planned Development Zoning will be harmonious and compatible with existing and future development in the surrounding area in that the land uses and site plan establish amulti-level parking structure with ancillary commercial uses in compliance with the Master Development Agreement adopted by Ordinance 5-03 in May 2003. The land uses and site plan provide effective transitions to surrounding development which is characterized by the proposed vehicular and pedestrian circulation system. Pursuant to Section 8.120.OSO.A and B of the Dublin Municipal Code, the City Council finds as follows: 1. The Stage 2 Development Plan for the East Dublin BART Parking Structure will be harmonious and compatible with existing and potential development in the surrounding area in that the land uses and site plan establish amulti-level parking structure with ancillary commercial uses in compliance with Master Development Agreement adopted by Ordinance 5-03 in May 2003. The land uses and site plan provide effective transitions to EXHIBIT A surrounding development which is characterized by the proposed vehicular and pedestrian circulation system. 2. The Stage 2 Development Plan for the East Dublin BART Parking Structure Planned Development Zoning has been designed to accommodate the topography of the Project site which typically is characterized as vacant, flat land suitable for the development of a multi- level parking structure with ancillary commercial uses and therefore physically suitable for the type and intensity of the proposed Planned Development Zoning District. 3. The Stage 2 Development Plan will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety and welfare in that the Project will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. 4. The Stage 2 Development Plan is consistent with the Dublin General Plan, Eastern Dublin Specific Plan, and the Transit Center Stage 1 Development Plan (Ordinance No. 21-02) as it is in conformance with the land use designation of public/semi-public, which allows structured parking and ancillary commercial uses, and the various requirements of the Stage 1 Development Plan. Pursuant to the California Environmental Quality Act, the City Council finds as follows: 1. Pursuant to the California Environmental Quality Act, Staff has recommended that the Project be found exempt from additional CEQA review. The Project is within the scope of the Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395) which was certified by City Council Resolution No. 215-02 dated November 19, 2002. This recommendation is based on a determination that there are no supplemental impacts that would require preparation of a Supplemental EIR Section 3. Man of the Propertk Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the Stage 2 Development Plan applies to the following property ("the Property"): 2.69+_ acres (por. of APN 986-0001-013-02), Parcel A of Vesting Tentative Parcel Map 7892 and 2.30+ acres (por. of APN 986-0001-009), Parcel a of Parcel Map 7395 within a portion of the Dublin Transit Center adjacent to the existing Dublin/Pleasanton BART Station. 2 A vicinity map showing the area for a Stage 2 Development Plan is shown below: Section 4. APPROVAL The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 2 Planned Development Zoning Development Plan For the Property, which is hereby approved. Any amendments to the Stage 2 Planned Development Zoning Development Plan shall be in accordance with Section 8.32.080 and/or Section 8.120 of the Dublin Municipal Code or its successors. Stage 2 Development Plan for East Dublin BART Parking Structure This is a Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. This Development Plan meets all the requirements for a Stage 2 Development Plan and is adopted as part of the PD, Planned Development rezoning for PA 03-062, East Dublin BART Parking Structure. The Stage 2 Development Plan consists of the items and plans identified below, many of which are contained in the document entitled "Exhibit A (project plans)", date stamped received September 12, 2005 which is incorporated herein by reference. The PD, Planned Development Zoning District and this Stage 2 Development Plan provide the flexibility to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan, Eastern Dublin Specific Plan, and provisions of Chapter 8.32 of the Zoning Ordinance are satisfied. 1. Statement of Compatibility with Stage 1 Development Plan. The East Dublin BART Parking Structure Stage 2 Development Plan is compatible with the Dublin Transit Center Stage 1 Development Plan in that the Project is a multi-level parking structure with ancillary commercial uses as planned for in the Stage 1 Development Plan and conforms with the development regulations established under the Stage 1 Development Plan for BART parking. 2. Statement of Proposed Uses. Permitted, Conditional, Accessory, and Temporary uses shall be as adopted by Ordinance 21-02, the Dublin Transit Center Stage 1 Planned Development Zoning Development Plan (PA 00-013) and are as follows: 3 Por. of APN 986-0001-009 and Por. of APN 986-0001-013-02 Por. of APN 986-0001-009 and Por. of APN 986-0001-013-02 Permitted Uses: The Permitted use of the Project site is structured parking. All other Permitted and Ancillary Retail uses shall be as adopted by Ordinance 21.-02, the Dublin Transit Center Stage 1 Planning Development Zoning Development Plan (PA 00-013). Conditional Uses: Conditional uses shall be as adopted by Ordinance 21.-02, the Dublin Transit Center Stage 1 Planning Development Zoning Development Plan (PA 00-013). Temporary Uses: Temporary uses shall be as adopted by Ordinance 21.-02, the Dublin Transit Center Stage 1 Planning Development Zoning Development Plan (PA 00-013). Accessory Uses: Accessory uses shall be as adopted by Ordinance 21.-02, the Dublin Transit Center Stage 1 Planning Development Zoning Development Plan (PA 00-013). 3. Stage 2 Site Plan. See page 2 (Phase I) and page 18 (Phase II) of the Project Plans date stamped received September 12, 2005. 4. Site Area, Proposed Densities. Lot Area: +2.30 acres (net) +2.69 acres (net) 986-0001-009 por. 986-000]-013-02 or. Building Size: 70,312 Square feet 38,642 Square feet Phase I Phase II Maximum Non-Residential S uare Foota e: 7,500 Square feet 986-0001-009 por. 5. Development Regulations. Lot Dimensions: Lot Width: +398 feet, north PL +595 feet, south PL Lot Depth: +220 feet, west edge +395 feet, east PL Setbacks: none required Hei ht Limits: Parking Structure Phase I: 7 levels 69 feet Parking Structure Phase II: 6 levels 58 feet Elevator Tower - 98 feet 4 Re aired Parkin Phase I: Parking Structure 1,528 Spaces Surface Parking 178 Stalls Phase II: Parking Structure 655 Spaces Surface Parkin 67 Stalls 6. Architectural Standards. See pages 12-15 (Phase I) and pages 23-25 (Phase II) and page 27 of the Project Plans date stamped received September 12, 2005. 7. Preliminary Landscaping Plans. See page 5 of the Project Plans date stamped received September 12, 2005. 8. Applicable Requirements of Dublin Zoning Ordinance. Except as specifically modified by the provisions of this PD, Planned Development Zoning District, all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this PD, Planned Development Zoning District Development Plan. Section 5. 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 the 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 AND ADOPTED BY the City Council of the City of Dublin, on this 27'h day of September 2005, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 5 RESOLUTION NO. OS- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN REFERRING DECISION MAKING AUTHORITY AND RECOMMENDING CITY COUNCIL APPROVAL OF THE EAST DUBLIN BART PARKING STRUCTURE SITE DEVELOPMENT REVIEW LOCATED SOUTHEAST OF IRON HOURSE PARKWAY ADJACENT TO I-580 AND THE EXISTING DUBLIN/PLEASANTON BART STATION (por. of APN 986-0001-009and por. of APN 986-0001-013-02) PA 03-062 WHEREAS, the Applicant, Alameda County Surplus Property Authority, has requested approval of Site Development Review for PA 03-062, East Dublin BART Parking Structure, for the constrnction of a 6-7 level parking structure and the future development of 7,500 square feet of retail on approximately +4.99 acres of land, located on a portion of land within the Dublin Transit Center designated for public/semi-public uses, also within the Eastern Dublin Specific Plan area, southeast of Iron Horse Parkway adjacent to I-580 and the existing Dublin/Pleasanton BART Station; and WHEREAS, the Applicant has submitted a complete application for Site Development Review for the construction of a 6-7 level parking structure and the future development of 7,500 square feet of retail, which is available and on file in the Planning Division; and WHEREAS, the Applicant has submitted project plans in conjunction with the requested entitlement dated September 12, 2005; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, Pursuant to the California Environmental Quality Act, Staff has recommended that the project be found exempt from additional CEQA review. The Project is within the scope of the Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395) which was certified by City Council Resolution No. 215-02 dated November 19, 2002. This recommendation is based on a determination that there are no supplemental impacts that would require preparation of a Supplemental EIR; and WHEREAS, the City of Dublin Zoning Ordinance, Chapter 896.020.C.1-6 allows the Planning Commission to transfer hearing jurisdiction to the City Council at its discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project; and WHEREAS, the City Council has been very involved with BART and Alameda County regarding the ability to enforce conditions of approval and the overall financing of the garage; and WHEREAS, Staff has prepared this Resolution for the Planning Commission to transfer their hearing jurisdiction to the City Council with a recommendation for approval of PA 03-062, fast Dublin ATTACHMENT ~, BART Parking Structure Site Development Review, related amendments and time extensions of permits; and WHEREAS, a public hearing was scheduled before the Planning Commission on September 27, 2005; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hold a public hearing on said project application on September 27, 2005; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending that the project be referred to the City Council for approval; and WHEREAS, the draft City Council Resolution approving the East Dublin BART Parking Structure project is attached as Exhibit A; and WHEREAS, the Planning Commission did use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does hereby transfer the original hearing jurisdiction for the East Dublin BART Parking Structure Site Development Review to the City Council pursuant to Chapter 8.96.020.C.3 of the Zoning Ordinance and also recommends City Council approval of said project. PASSED, APPROVED AND ADOPTED this 27th day of September 2005. AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager 2 RESOLUTION NO. -OS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW FOR THE EAST DUBLIN BART PARKING STRUCTURE SITE DEVELOPMENT REVIEW LOCATED SOUTHEAST OF IRON HOURSE PARKWAY ADJACENT TO I-580 AND THE EXISTING DUBLIN/PLEASANTON BART STATION (por. of APN 986-0001-009and por. of APN 986-0001-013-02) PA 03-062 WHEREAS, the Applicant, Alameda County Surplus Property Authority, has requested approval of Site Development Review for PA 03-062, East Dublin BART Parking Structure, for the construction of a 6-7 level parking structure and the future development of 7,500 square feet of retail on approximately +4.99 acres of land, located on a portion of land within the Dublin Transit Center designated for public/semi-public uses, also within the Eastern Dublin Specific Plan area, southeast of Iron Horse Parkway adjacent to I-580 and the existing Dublin/Pleasanton BART Station; and WHEREAS, the Applicant has submitted a complete application for Site Development Review for the construction of a 6-7 level parking strncture and the future development of 7,500 square feet of retail, which is available and on file in the Planning Division; and WHEREAS, the Applicant has submitted project plans in conjunction with the requested entitlement dated September 12, 2005; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, Pursuant to the California Environmental Quality Act, Staff has recommended that the project be found exempt from additional CEQA review. The Project is within the scope of the Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395) which was certified by City Council Resolution No. 215-02 dated November 19, 2002. This recommendation is based on a determination that there are no supplemental impacts that would require preparation of a Supplemental EIR; and WHEREAS, the decision making authority for Site Development Review applications typically lies with the Planning Commission; and WHEREAS, the City of Dublin Zoning Ordinance, Section 8.96.020.C.1-6 allows the Planning Commission to transfer hearing jurisdiction to the City Council at its discretion because of policy implications, unique or unusual circumstances, or the magnitude of the Project; and WHEREAS, a Staff Report was submitted to the Planning Commission on September 27, 2005 recommending referral of said application to the City Council; and, EXHIBIT A WHEREAS, the Planning Commission did hold a public hearing on said application; and, WHEREAS, proper notice of said hearing was given in all respects as required by law; and, WHEREAS, the Planning Commission adopted a Resolution refemng the approval, conditional approval, or denial of application PA 03-062, East Dublin BART Parking Structure Site Development Review, related amendments, and time extensions of permits to the City Council; and WHEREAS, the Planning Commission also recommends approval of said application; and WHEREAS, on October 18, 2005, the City Council adopted the Stage 2 Planned Development Rezoning applicable to the proposed Site Development Review; and WHEREAS, a Staff Report was submitted to the City Council on October 18, 2005 recommending approval of said application; and, WHEREAS, the City Council did hold a public hearing on said application; and, WHEREAS, proper notice of said hearing was given in all respects as required by law; and, WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE City Council of the City of Dublin does hereby make the following findings and determinations regarding the proposed Site Development Review: A. The proposed Project, as conditioned is consistent with the purpose and intent of Chapter 8.104 Site Development Review of the Zoning Ordinance in that it will contribute to orderly, attractive and harmonious site and structural development within the Dublin Transit Center project area; complies with the Stage 1 Development Plan adopted for the Dublin Transit Center which identified the project as a public/semi-public use and the Stage 2 Planned Development Zoning regulations, requirements, and performance standards adopted for the +4.99 acres; and will promote the general welfare by providing structured parking opportunities for BART patrons and ground floor retail for various users of the Dublin Transit Center. B. The proposed Project, as conditioned, will be compatible with the surrounding area and complies with the policies of the General Plan and the Eastern Dublin Specific Plan; the zoning requirements of the Stage 1 Development Plan for the Dublin Transit Center in which the project is located; the Stage 2 Planned Development Zoning regulations, requirements, and perfonnance standards adopted for Site B-2 of Dublin Transit Center; and, with all other requirements of the Zoning Ordinance. C. The proposed Project, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare, as there will not be any significant environmental impacts associated with the project and the project has been conditioned to comply with all mitigation measures adopted as part of the Dublin Transit Center EIR. 2 D. The proposed Project will not be injurious to property or improvements in the neighborhood as the project is conditioned to comply with all Alameda County Fire Department requirements and will be constructed and inspected to State of California and BART standards. E. The site development for the proposed Project has been designed to provide a desirable environment for the Project and surrounding areas with regard to its site layout, structures, vehicular access, circulation and parking, setbacks, height, walls, public safety, and similar elements. F. The subject site is physically suitable for the type, density, and intensity of the proposed Project and related structures. G. The proposed Project may impact some views of properties immediately adjacent to the Project site which have been or will be developed at a lower building height. However, the proposed Project is consistent with the Stage 1 Development Plan which allows For amulti-level parking structure to serve BART patrons to further the City's goals of greater public transportation use and less dependency on the automobile. H. There are no impacts to slopes or topographic features as the site is generally flat. I. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the Project and as conditions of approval in order to ensure compatibility of this development with the development's design concept and the character of future adjacent uses. J. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to ensure visual relief and an attractive environment for the public. BE IT FURTHER RESOLVED that the City Council does hereby approve said application, PA 03-062, East Dublin BART Parking Structure Site Development Review to construct a 6-7 level parking structure and the future development of 7,500 square feet of retail located southeast of Iron Horse Parkway adjacent to I-580 and the existing Dublin/Pleasanton BART Station, as generally depicted in the written statement and project plans prepared by International Parking Design (IPD), Inc. dated September 12, 2005, labeled Exhibit A and attached hereto, stamped approved, and on file with the Planning Division, subject to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community Services, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [LDD], Livermore Dublin Disposal, [CO] Alameda County Department of Environmental Health, [Zone 7], Alameda County Flood Control 3 and Water Conservation District, Zone 7, [LAVTA], Livermore Amador Valley Transit Authority, [CHS], California Department of Health Services. WHEN NO. CONDITION TEXT RESPON. REQ'D SOURCE AGENCY Prior to• PLANNING DIVISION -GENERAL 1. Approval. This Site Development Review approval for PL On-going Planning the Dublin/Pleasanton Bay Area Rapid Transit (BART) System Parking Structure establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review shall generally conform to the Project Plans and color and materials board, stamped received by the Dublin Planning Division on September 12, 2005 submitted by International Parking Design, Inc., stamped approved, and on file in the Planning Division and other plans, text, and diagrams relating to this Site Development Review, (hereinafter referred to as the "Project Plans"), unless modified by the Conditions of Approval contained herein. No other modifications shall be made to the Project Plans without subsequent review and approval. This approval shall not become effective until the City and County have entered into a written agreement regarding the enforcement of these conditions. 2. Term. Approval of this Site Development Review shall PL be valid for eighteen (18) months from the date of approval. If construction, or demonstrated progress towazd commencing such construction, has not commenced by that time, this approval shall be null and void. If an additional extension is desired, the County can make the request to be considered by the decision making body that ultimately approved this Site Develo ment Review. 3. Revocation. This approval shall be revocable for cause PL On-going DMC in accordance with Section 8.96.020.I, Revocation of the 8.96.020.I Dublin Zoning Ordinance. Any violation of the terms and conditions of this approval may be subject to the issuance of a citation. 4. Modifications. Modifications or changes to this Site PL On-going DMC Development Review approval may be considered by 8.104.100 the Community Development Director if the & modifications or changes proposed comply with Section 8.104.090 8.104.100 of the Dublin Municipal Code (Site Development Review Waiver). All other modifications shall be considered in accordance with Section 8.104.090 the Dublin Munici al Code (Amendment). 4 WHEN NO CONDITION TEXT RESPON. REQ'D SOURCE . AGENCY Prior to• 5. Required Permits. The ApplicanUDeveloper shall Various Start of Various obtain all necessary permits required by other agencies Construction and shall submit copies of the permits to the Director of Public Works. 6. Fees. The Applicant/Developer shall pay all applicable Various Start of Various fees prior to the establishment of use and the building Construction o enin to serve the ublic. 7. Compliance with EIR Mitigation Measures. The PL On-going Planning project is required to comply with all mitigations measures as detailed in the Final Environmental Impact Report (EIR) for the Dublin Transit Center (dated Se tember 2002). 8. Compliance with the Eastern Dublin Specific Plan PL On-going Planning General Plan Amendment EIR. As required by the Site Development Review findings, the BART Parking Structure project shall be in compliance with the General Plan and Eastern Dublin Specific Plan, and therefore must also be in compliance with the Eastern Dublin Specific Plan General Plan Amendment EIR and the associated Miti anon Monitorin Pro ram. 9. Property maintenance. The property owner and/or PL On-going Planning future tenants shall be responsible for maintaining the site in a clean and litter free condition at all times. 10. Controlling Activities. The Applicant/Developer shall PL During Planning control all activities on the project site so as not to Construction create a nuisance to surrounding businesses and and on-going residences. 11. Equipment Screening. All electrical and/or PL Through Planning mechanical equipment shall be screened from public Completion/ view. Any roof-mounted equipment shall be completely On-going screened from view by materials architecturally compatible with the building and to the satisfaction of the Community Develo ment Director. LANDSCAPING -GENERAL 12. Final Landscape and Irrigation Plans. The Final PL Establishment Planning Landscape and Irrigation Plan shall be generally of use/opening consistent with the Dublin Transit Center Stage 1 to the public Planned Development Rezoning and with the preliminary landscape plan prepared by International Parking Design, Inc., dated received September 12, 2005 except as modified by the Conditions of Approval contained herein. 13. Landscaping at Street and Drive Aisle Intersections. PL, PO Establishment Planning Landscaping shall not obstruct the sight distance of of use/opening motorists, edestrians or bicyclists. Exce t for trees, to the ublic RESPON. WHEN NO. CONDITION TEXT AGENCY REQ'D SOURCE Prior to• landscaping at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol officers and the general public surveillance capabilities of the area. 14. Landscape and utilities. The Applicant/Developer PL Establishment Planning shall coordinate the location of utilities with proposed of use/opening landscaping. The location of utilities shall be studied to the public carefully to minimize their visual impact and to provide adequate planting space for trees and for screening shrubs. 15. Landscape Screening of Walls (if any) and Trash PL Establishment Planning Enclosures. The Applicant/Developer shall screen all of use/opening walls, fencing and the sides of walls surrounding trash to the public enclosures with shrubs and/or vines. 16. Lighting. The Applicant/Developer shall coordinate the PL Establishment Planning location of trees and light fixtures to avoid any conflicts. of use/opening Lighting used after daylight hours shall be adequate to to the public rovide for securit needs. 17. Plant standards. All trees installed shall be 24" box PL Establishment Planning minimum; all shrubs shall be 5-gallon minimum. of use/opening Ground cover ]ants ma be 1 anon. to the public 18. Installation of Landscaping/Parking Lot PL Establishment Planning Improvements. All landscaping and parking lot of use/opening improvements shall be instafled prior to occupancy of to the public the structure. LANDSCAPING -PROJECT SPECIFIC 19. The parking structure shall have a continuous minimum PL Establishment Planning 10 foot perimeter landscaping with vertical elements of use/opening (such as a tree or a tall shrub) at least eve 20 feet. to the ublic 20. The following shall be addressed in the Final Landscape PL Establishment Planning Plans: of use/opening a. Provide P. Pyrus `Chanticleer' or approved equal to the public in the parkway along Campus Drive. b. Revise the bioswale design at the east face of the parking garage to resolve conflicts with the proposed trees. c. Replace Gleditsia with Celtis sinensis. d. Substitute Pyrus `Chanticleer', Capital' or `Redspire' for the P. `Aristocrat'. e. Replace Quercus rubra with Q. virginiana or Q. ilex. f. Provide an approved bamboo root barrier for the Phylostachys vivax or select a less aggressive Glum in bamboo such as Bambusa oldhamii. -- WHEN NO. CONDITION TEXT RESPON. REQ'D SOURCE AGENCY Prior to: g. Use a non-reseeding bunch grass such as Miscanthus transmoriensis or Huhlenbergia ri ens in lace of the Nassela tenuissima. PUBLIC WORKS 21. The access via Arnold Drive and Altamirano Road shall PW Establishment Public be completed prior to opening the BART Parking of use/opening Works Structure to the satisfaction of the City En ineer. to the ublic 22. The modifications to Iron Horse Parkway at the entrance PW Establishment Public to the BART Parking Structure shall be completed prior of use/opening Works to opening the BART Parking Structure to the to the public satisfaction of the City En ineer. 23. Temporary parking lots shall be provided for any PW During Public parking displaced during construction. Such parking Construction Works lots shall be constructed to City of Dublin standards and to the satisfaction of the Director of Public Works. 24. Directional signs to "BART Parking" shall be installed PW Establishment Public on Dublin Boulevard and Hacienda Drive at locations of use/opening Works a roved b the Cit En ineer. to the ublic 25. If not completed with the Parcel Map 7892 PW Establishment Public Improvements, the medians, signing and restriping on of use/opening Works DeMarcus Boulevard and Iron Horse Parkway between to the public Dublin Boulevard and Campbell Green shall be completed when the Phase 1 BART garage is corn leted. BUILDING DIVISION 26. Fire Protection. The parking structure shall be B Establishment Building provided with a fire sprinkler system per section of use/opening 7.32.140 of the Dublin Munici al Code. to the public 27. Accessible Parking Stalls. The project shall be B Establishment Building provided with the correct number of accessible stalls as of use/opening required by Table 11 B-6 of the California Building to the public Code. This table requires that two (2) percent of the total parking stalls be made accessible. This requirement has not been met in the Project Plans submitted for this review. FIRE 28. The property line through the building shall be F Start of Fire eliminated. construction 29. The openings and wall ratings of the new and existing F Start of Fire building shall comply with the California Building Code construction based on an assumed property line between the new buildin and ad~acent structures. 30. The building allowable area calculations shall comply F Start of Fire with CBC chapter 5 for each phase. construction WHEN NO. CONDITION TEXT RESPON. REQ'D SOURCE AGENCY Prior to• 31. A detailed phasing plan shall be submitted and F Start of Fire approved. Emergency vehicle access, fire protection construction and exiting shall be maintained for each phase of the ro~ect. 32. Provide fire hydrants, water mains and backflow F Vertical Fire preventors as required by the CFC for the site. construction or combustible stora eon site 33. Provide standpipes in accordance with NFPA 14. F During Fire Temporary standpipes are required in accordance with construction the CBC when the hei ht of the buildin reaches 35 feet. 34. Provide exit signs and emergency lighting in the garage F Occupancy Fire as re uired b the CBC. 35. Automatic sprinklers shall be provided throughout the F Occupancy Fire buildin as re uired b the Alameda Count Fire Code. 36. Show the sprinkler system is monitored by a UL listed F Occupancy Fire central station. 37. All emergency vehicle access roads (first lift of asphalt) F Vertical Fire and the public water supply including all hydrants shall construction or be in place prior to vertical construction or combustible combustible storage on site). Fire apparatus roadways shall have a storage on site minimum unobstructed width of 20 feet (14 feet for one way streets) and an unobstructed vertical clearance of not less than 13 feet 6 inches. Roadways under 36 feet wide shall be posted with signs or shall have red curbs painted with labels on one side; roadways under 28 feet wide shall be posted with signs or shall have red curbs painted with labels on both sides of the street as follows: "NO STOPPING FIRE LANE - CVC 22500.1". 38. Approved numbers or addresses shall be placed on all F Occupancy Fire new and existing buildings. The address shall be positioned as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their back ound. 39. Provide 2AlOBC fire extinguishers within 75 ft travel F Occupancy Fire distance of portions of the buildings. An approved sign in accordance with Uniform Fire Code shall be cons icuousl osted above the extin fisher. 40. Provide Knox key boxes at the main entrance to the F Occupancy Fire buildings at the exterior doors to stair that extend to the 4`h floor and at any gates. The Knox box shall contain a key that provides access to the building or gate. Gates or barriers shall meet the re uirements of the ACFD. 41. The project shall comply with Fire Code as adopted by F On-going Fire Alameda County. WHEN NO. CONDITION TEXT RESPON. REQ'D SOURCE AGENCY Prior to• DUBLIN POLICE 42. Addressing. Addressing and building numbers shall be PO Establishment Police visible from all the approaches to the buildings. of use/opening to the public and on- oin 43. Posting of Entrances. All entrances to the parking PO Establishment Police structure shall be posted with appropriate signs per Sec. of use/opening 22658(a) of the California Vehicle Code, to assist in to the public removing vehicles at the property owner's/manager's and on-going re uest. 44. Stairwells. Outside stairwells shall be open and not PO Establishment Police obstructed from view. of use/opening to the public and on- oin 45. Visibility on Stairways. Stairways shall have shatter PO Establishment Police resistant mirrors or other equally reflective material at of use/opening each level and landing and be designed or placed in such to the public manner as to rovide visibilit around corners. and on-going 46. Areas Beneath Stairways. Areas beneath stairways at PO Establishment Police or below ground level shall be fully enclosed or access of use/opening to them restricted. to the public and on- oin 47. Visibility in Parking Structure. Blind corners in PO Establishment Police parking structure shall be provided with shatterproof of use/opening convex minors to improve visibility for both operators to the public of vehicles and edestrians. and on-going 48. Vandal Resistant Lighting. Lighting fixtures shall be PO Establishment Police of a vandal resistant type. of use/opening to the public and on- oin 49. Lighting Plan. A commercial lighting plan shall be PO Establishment Police prepared with point by point photometric measurements of use/opening for the parking structure, connecting path, and outdoor to the public parking area and shall demonstrate that the interior portion of the parking structure will be illuminated with a uniformly maintained minimum level of two foot candles of light between ground level and 6 vertical feet. The same level of light shall apply to the open parking area ad~acentto the arkin structure. 50. Paint. The parking structure interior wall shall be PO Establishment Police painted white, allowing lighting to be reflective and of use/opening improve visibility. to the public and on- oin 51. Graffiti. The Applicant/Developer shall keep the site PO On-going Police clear of affiti vandalism on a continuous basis at all WHEN NO. CONDITION TEXT RESPON. REQ'D SOURCE AGENCY Prior to• times. Graffiti resistant materials should be used. 52. Theft Prevention and Security. The PO On-going Police Applicant/Developer shall work with the Dublin Police/BART Police on an on-going basis to establish an effective theft revention and securit ro ram. 53. Perimeter Fencing. The perimeter of the site shall be PO Start of Police fenced during construction, a temporary address sign Construction shall be placed at the site and security lighting and atrols shall be em to ed as necessary. 54. Radio Transmission. The structure shall be designed PO Establishment Police to insure radio transmit and receive capabilities for of use/opening police-fire-ambulance. to the public and on-going 55. Security Telephones. The structure shall include PO Establishment Police security telephones with 24 hour monitoring capability. of use/opening to the public and on- oin 56. Closed Circuit Surveillance. The structure shall be PO Establishment Police designed to include closed circuit surveillance cameras of use/opening with on-site video recording. to the public and on- oin 57. Speed Limit Signage. Signs shall be posted throughout PO Establishment Police the structure restricting vehicle speed to 5 mph. of use/opening to the public and on- oin DUBLIN SAN RAMON SERVICES DISTRICT DSRSD 58. Standard Conditions. ApplicanUDeveloper shall DSR Through DSRSD comply with all applicable Standard Conditions as Construction re uired b Dublin San Ramon Services District. 59. The project is located within the District Recycled DSR Prior to DSRSD Water Use Zone (Ord. 301), which calls for installation Completion of recycled water irrigation systems to allow for the future use of recycled water for approved landscape irrigation demands. Recycled water will be available, as described in the DSRSD Water Master Plan Update, September 2000. Unless specifically exempted by the District Engineer, compliance with Ord. 280, as may be amended or superseded, is required. Applicant/Developer must submit landscape irrigation plans to DSRSD. All irrigation facilities shall be incompliance with District's "Recycled Water Use Guidelines" and Dept. of Health Services requirements for recycled water im ation desi 60. Off site easements for connection to District water and DSR Prior to DSRSD sewer facilities may be re uired. The Com letion 10 WHEN NO. CONDITION TEXT RESPON. REQ'D SOURCE AGENCY Prior to: Applicant/Developer shall be responsible for acquiring all necessary off site easements and construction necessary off site water and sewer mains in conformance with all District re uirements. PASSED, APPROVED AND ADOPTED this 18`" day of October 2005. 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