Loading...
HomeMy WebLinkAbout03-062 EDublin BART PrkgStructr AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: October 11, 2005 SUBJECT: PUBLIC HEARING: (Legislative and Adjudicatory Action) PA 03-062, East Dublin BART Parking Structure Stage 2 Planned Development Rezoning and Site Development Review f\f' ~ Report Prepared by, Mamie R. Nuccio, Associate Plannell../f. A TT ACHMENTS: I. Resolution recommending City Council adoption of a Stage 2 Planned Development Rezoning, with Ordinance attached as Exhibit A 2. Resolution referring decision making authority and recommending City Council approval of Site Development Review, with City Council Resolution attached as Exhibit A 3. September 27,2005 Planning Commission Agenda Statement, without attachments 4. September 27, 2005 Planning Commission Meeting Minutes, under separate cover 5. IPD, Inc memo regarding CCTV, Emergency Phones & Maintenance System Descriptions, dated October 6, 2005 6. City Council Agenda Statement and Meeting Minutes from 1995 7. BART memo regarding Radio Tower at Dublin BART Station, dated October 5, 2005 8. Revised Project Renderings RECOMMENDATION: I. 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: 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 southeast ofIron Horse Parkway adjacent to the existing BART station and is surrounded by Site D-l to the north (future Campus Office site), D-2 to the east (future Campus Office site) and Site C (future High Density Residential site) to the west (See Figure 1). The Project includes a 6-7 level parking structure, surface parking, landscaping and 7,500 square feet ofretail. COPIES TO: Applicant Property Owner File G:\PA#\2003\03-D62 c. Dublin BART Garagc\PC\PCSR Cant 10-1 I-OS.doc ITEM NO,: e.1 The parking structure 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 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. Figure 1. Dublin Transit Center Land Use Plan LEGEND c::J" ..... EJ--"- è:J-............ -'","-"-,-..........--,;,.,....- -..'......,..... ~_'_·n_~·'~' - . C.",>'.." ~' - .. .- , ". --_.~,,; " -:.-,~.: ~"--,.,,,,",,"- Site D-l ,. _Ii - Site D-2 Site C "I - .. ~ ... ;; , i ,Ii _'.:,: . - "fl'''''''~ '-'. I , ;,,:/ >::! -, . ,"",""'" I . ! at.:: ,.~~~ ,:....;.:i, __J """',;;,;..~.~..,..T".."'. ._.~. - 't···,o..,o"o."."._..,........_:__::_............. ............................... '-'*\)'. f"'H BART Parking Structure I N Planninl! Commission Meetinfl At the September 27, 2005 Planning Commission meeting Staff presented the Project to the Commission with a recommendation that the Planning Commission recommend approval of the Project to the City Council (See Attachment 3). During the Public Hearing the Planning Commission expressed the following concerns (See Attachment 4): I. Public Safety and Security. 2. Construction Traffic. 3. Displacement of Parking. 4. Exterior color schemes. 5. Communications Tower. 6. Covered Walkway. 7. Dublin IdentificationlNeon Shamrock Sign. Public Safetv and Security The Project has been conditioned to provide security telephones (COA #55, Exhibit A of Attachment 2) and closed circuit surveillance (COA #56, Exhibit A of Attachment 2) in accordance with "BART facility standards" as these standards have been determined to be equal to, or more stringent than, the City of Dublin's Non-Residential Security Requirements (See Attachment 5). A representative from Dublin Police Services will be in attendance at the October II, 2005 Planning Commission meeting to answer questions regarding the City's security requirements. 2 Construction Traffic At the Dublin Transit Center, two high density residential projects are currently under construction: I 12 apartment units being constructed by EAH, Inc and 257 condominium units being constructed by DR Horton. An additional 305 apartment units, to be constructed by Avalon Bay is currently in Building Plan Check and is expected to break ground in Spring of 2006. The BART Garage is also anticipated to start construction in Spring of 2006. Due to all the construction activity at the Transit Center, the Planning Commission expressed concern over the safety of the public accessing the BART station. In the interest of public safety, a condition of approval (COA# 2la, Exhibit A of Attachment 2) has been added to the Project and reads as follows: Construction Traffic. During peak commute hours, all construction traffic shall access the BART garage site off of Altamirano Road. During offpeak commute hours, construction traffic, specifically heavy equipment and concrete trucks, shall be encouraged to access the site primarily off of Altamirano Road. Construction traffic off of Iron Horse Parkway shall be limited to reduce conflicts with BART patrons accessing the BART station. Displacement of Parking The Planning Commission expressed concern over the availability of parking for BART patrons while the BART garage is under construction. While the Project includes a plan for providing temporary replacement parking for the 145 parking spaces which will be displaced during construction, the Planning Commission would like to ensure that this temporary parking is constructed and available to BART patrons prior to the existing parking being displaced by construction. In response to this concern, the following condition of approval (COA # 23a, Exhibit A of Attachment 2) has been added to the Project and reads as follows: Parking during Construction. At no time shall the total number of parking spaces available to BART patrons go below the existing 1,714 spaces. Parking displaced during construction must be replaced and be available for use by BART patrons prior to existing spaces becoming unavailable. Exterior Color Schemes The exterior surface of the BART parking structure was proposed to be painted white with custom mixed integral color stucco finishes on the façade panels and elevator tower. Integral color #1 (canvas white) would highlight the façade panels by providing a defined border around decorative metal screens; integral color #466 (cone flower) accents would further define the façade panels with decorative caps in canvas white. Also incorporated into the façade panels would be metal louvers painted green. The elevator tower would be primarily cone flower with canvas white accents at the top of the tower and as a horizontal band above the second floor level. The color palette was chosen in order to subdue the presence of what will be a large concrete parking structure and to accent architectural elements (façade panels) which are intended to break up the massing of the structure. The Planning Commission expressed concern over the maintenance of a painted structure and the color scheme chosen. In response to the Planning Commissions concerns, the Applicant has agreed to not paint the parking structure white but prefers to keep the original custom mixed integral color, color scheme for the façade panels and elevator tower. 3 Communications Tower At the northwest corner of the proposed BART garage site is an existing communications tower which is owned and operated by BART. At the January 9, 1995 City Council meeting, Staff had presented BART's plans for surface parking lots to serve the DublinlPleasanton BART Station, which at the time was under construction. The parking lot plans had been revised to include a l20-foot communications tower and a small out building. The Council expressed concern over the height and location of the tower to which a BART representative responded that the tower was temporary and would be replaced by a fiber optic system within 5 years or so. Once the fiber optic system was in place it was anticipated that the tower would no longer be needed (See Attachment 6). The tower allows for communications between BART train operators and also with police traveling on the Interstate. In a letter addressed to the City Council, dated January 12, 1995, Bob Fasulkey expressed concern over the communications tower and requested that the City Council work towards having this tower removed from BART's plans. The City Council addressed Mr. Fasulkey's letter at the January 31, 1995 City Council meeting briefly discussing the matter but no direction was given to Staff (See Attachment 6). In recent discussions with representatives from BART, BART has indicated that in the interest of public safety the communications tower is essential in maintaining lines of communication between train operators and local law enforcement (See Attachment 7). BART has evaluated the cost of relocating the tower and incorporating it into the design of the BART garage but subsequently detennined that it is not financially feasible as it would cost upwards of 1 million dollars. Covered Walkway The proposed BART garage includes a 98-foot elevator tower which will act as the main pedestrian entry and exit from the garage. At the ground floor level, the entrance is proposed to be covered by a "Kalwall" entry canopy supported by stainless steel cables. The Planning Commission asked whether a covered walkway could extend rrom this location towards the BART plaza giving patrons a covered walkway which would protect them from inclement weather. The Applicant has indicated that a walkway canopy was considered as part of the initial design of the garage but it was detennined not to be cost effective. Should funding become available through an MTC grant or other source the Applicant would be willing to incorporate a covered walkway into the design. The following condition of approval (COA # 61, Exhibit A of Attachment 2) has been added to the Project and reads as follows: Walkway Canopy. Should funds become available, a walkway canopy shall be constructed providing a covered path of travel from the elevator tower at the BART garage to the BART plaza to protect BART patrons from inclement weather. Dublin IdentificationlNeon Shamrock Sign The Planning Commission made a recommendation that the upper levels of the BART garage incorporate signage which would identify the garage as being part of the City of Dublin. A "Welcome to Dublin" sign or a neon shamrock was proposed. Staff has noted the Commission's recommendations and will present them to the City Council. Other Items Discussed at the September 27. 2005 Planning Commission Meeting The proposed building signage for the BART parking structure includes the BART logo at the top of the elevator tower and a "BART - East Dublin" sign above the entry canopy which covers the main vehicular entrance to the garage. The Planning Commission asked whether the signage should read "East Dublin" 4 or simply "Dublin" as the former does not correspond to the name of the BART Station but the latter does. Staff will present this question to the City Council for consideration. For the September 27,2005 Planning Commission meeting Staff provided the Commission with project booklets which included elevation renderings of the proposed BART parking structure. These renderings were also mounted to foam board and displayed at the meeting. The Applicant brought elevation renderings to the Planning Commission meeting as well. The renderings provided in the booklets were hand drawn whereas the renderings brought to the meeting by the Applicant were computer generated. In order to give the Planning Commission a better sense of what the parking structure will look like, Staff has asked the Applicant to prepare additional computer generated elevation renderings for the Commission's review (See Attachment 8). CONCLUSION: In response to the concerns expressed by the Planning Commission at the September 27, 2005 Planning Commission meeting, Staff has worked with the Applicant to incorporate new conditions of approval into the project addressing construction traffic, displacement of parking and a covered walkway. Modifications to the exterior color scheme have also been made in response to the Commission concerns over maintenance of a painted structure. Additional information on public safety and security and the communications tower has also been provided. These concerns as well as the Dublin identification/neon shamrock sign and building signage will be incorporated into the City Council Staff Report for the Proj eel. RECOMMENDATION: Staff recommends that the Planning Commission, I) 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 I) 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. 5 GENERAL INFORMATION: PROPERTY OWNER! APPLICANT: LOCATION: ZONING: GENERAL PLAN LAND USE DESIGNATION: SPECIFIC PLAN/ LAND USE DESIGNATION: Alameda County Surplus Property Authority 224 W. Winton Avenue, Room 110 Hayward, CA 94544 Attn: Patrick Cashman Southeast ofIron Horse Parkway adjacent to 1-580 and the existing DublinlPleasanton BART Station Por. of APN 986-0001-013-02 and Por. of986-000l-009 PD, Planned Development (PA 00-013) Public/Semi-Public Facility Eastern Dublin Specific Plan, Public/Semi-Public 6 RESOLUTION NO. 05- 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 1-580 AND THE EXISTING DUBLIN/PLEASANTON BART STATION (por. of APN 986-0001-009 and por. of APN 986-0001-013-02) P A 03-062 WHEREAS, the Applicant, Alameda County Surplus Property Authority, has requested approval of a Stage 2 Planned Development Rezoning for P A 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 1-580 and the existing DublinlPleasanton BART Station; and WHEREAS, the Applicant has submitted a complete application for a 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, Eastern Dublin Specific Plan Amendment, Stage I 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 A TT ACHMENT 1 WHEREAS, the Planning Commission did hold a public hearing on said project application on September 27, 2005; and WHEREAS, the Planning Commission expressed concerns related to the Project and continued the public hearing to October 11,2005; and WHEREAS, a public hearing was scheduled before the Planning Commission on October II, 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 addressing the concerns expressed at the September 27,2005 meeting; and WHEREAS, the Planning Commission did hold a public hearing on said project application on October 11, 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. 2 PASSED, APPROVED AND ADOPTED this 11th day of October 2005. AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Community Development Director 3 ORDINANCE NO. - 05 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 986-0001-009 and por. of APN 986-0001-013-02) P A 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 9l-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: I. The Project, known as the East Dublin BART Parking Structure, Stage 2 Development Plan 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 Structure under the Stage 2 Development Plan will be harmonious and compatible with existing and future development in the surrounding area in that the land uses and site plan establish a multi-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.l20.050.A and B of the Dublin Municipal Code, the City Council finds as follows: I. 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 a multi-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 rezoning 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 Dublin Transit Center Stage I 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: I. 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 I 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. Map of the Property. 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 DublinIPleasanton BART Station. 2 A vicinity map showing the area for a Stage 2 Planned Development Rezoning is shown below: 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 Section 4. APPROVAL The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 2 Development Plan for the Property, which is hereby approved. Any amendments to the Stage 2 Development P;an 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 "East Dublin BART Station Parking Structure ("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 I Development Plan in that the Project is a multi-level parking structure with ancillary commercial uses as planned for in the Stage I Development Plan and conforms with the development regulations established under the Stage I 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 I Planned Development Zoning Development Plan (PA 00-013) and are as follows: 3 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 I Development Plan (P A 00-013). Conditional Uses: Conditional uses shall be as adopted by Ordinance 21-02, the Dublin Transit Center Stage 1 Development Plan (P A 00-013). Temporarv Uses: Temporary uses shall be as adopted by Ordinance 21-02, the Dublin Transit Center Stage 1 Planning Development Zoning Development Plan (P A 00-013). Accessory Uses: Accessory uses shall be as adopted by Ordinance 21-02, the Dubjin Transit Center Stage I 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) 986-0001-009 por. +2.69 acres (net) 986-0001-013-02 por. Building Size: 70,312 Square feet Phase I 38,642 Square feet Phase II Maximum Non-Residential Square 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 Hei2ht Limits: Parking Structure Phase I: 7 levels 69 feet Parking Structure Phase II: 6 levels 58 feet Elevator Tower 98 feet 4 Required Parkin2: Phase I: Parking Structure 1,528 Spaces Surface Parking 178 Spaces Phase II: Parking Structure 655 Spaces Surface Parking 67 Spaces 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 18th day of October 2005, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 5 RESOLUTION NO. 05- 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 1-580 AND THE EXISTING DUBLIN/PLEASANTON BART STATION (por. of APN 986-0001-009 and por. of APN 986-0001-013-02) P A 03-062 WHEREAS, the Applicant, Alameda County Surplus Property Authority, has requested approval of Site Development Review for P A 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 1-580 and the existing DublinIPleasanton 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 I 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 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, 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 P A 03-062, East Dublin BART Parking Structure Site Development Review, related amendments and time extensions of permits; and ATTACHMENT 2 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 WHEREAS, the Planning Commission did hold a public hearing on said project application on September 27, 2005; and WHEREAS, the Planning Commission expressed concerns related to the Project and continued the public hearing to October II, 2005; and WHEREAS, a public hearing was scheduled before the Planning Commission on October 11, 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 addressing the concerns expressed at the September 27, 2005 meeting; and WHEREAS, the Planning Commission did hold a public hearing on said project application October 11, 2005; and WHEREAS, the draft City Council Resolution approving the East Dublin BART Parking Structure project has been revised to address the Planning Commissions concerns and 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 11th day of October 2005. AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Community Development Director 2 RESOLUTION NO. -05 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 1-580 AND THE EXISTING DUBLIN/PLEASANT ON BART STATION (por. of APN 986-0001-009 and por. of APN 986-0001-013-02) P A 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 1-580 and the existing DublinlPleasanton 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 ITom 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.I-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 ofthe 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 EXHIBIT A 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 WHEREAS, the Planning Commission did hold a public hearing on said project application on September 27,2005; and WHEREAS, the Planning Commission expressed concerns related to the Project and continued the public hearing to October II, 2005; and WHEREAS, a public hearing was scheduled before the Planning Commission on October 11, 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 addressing the concerns expressed at the September 27,2005 meeting; and WHEREAS, the Planning Commission did hold a public hearing on said project application October 11, 2005; and WHEREAS, the Planning Commission adopted a Resolution on October II, 2005 referring their decision making authority and recommending City Council approval of P A 03-062, East Dublin BART Parking Structure Site Development Review, related amendments, and time extensions of permits to the City Council; and WHEREAS, a public hearing was scheduled before the City Council on October 18, 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 City Council describing the project and outlining the issues surrounding the request including the concerns expressed by the Planning Commission on September 27, 2005 and October 11,2005; and WHEREAS, the City Council did hold a public hearing on said project application October 18, 2005; 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, 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: 2 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 performance 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. 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 a multi-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. 3 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, P A 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 1-580 and the existing DublinlPleasanton 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 and Water Conservation District, Zone 7, [LA VT A], Livermore Amador Valley Transit Authority, [CHS], California Department of Health Services. RESPON. WHEN NO. CONDITION TEXT AGENCY REQ'D SOURCE Prior to: PLANNING DIVISION 1. Approval. This Site Development Review approval for the PL On-going Planning 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 be PL valid for eighteen (18) months from the date of approval. If construction, or demonstrated progress toward 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 4 RESPON. WHEN NO. CONDITION TEXT AGENCY REQ'D SOURCE Prior to: the decision making body that ultimately approved this Site Development Review. 3. Revocation. This approval shall be revocable for cause in PL On-going DMC accordance with Section 8.96.020.1, Revocation of the 8.96.020.1 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 the 8.104.100 Community Development Director if the modifications or & changes proposed comply with Section 8.104.100 of the 8.104.090 Dublin Municipal Code (Site Development Review Waiver). All other modifications shall be considered in accordance with Section 8.104.090 the Dublin Municipal Code (Amendment). 5. Required Permits. The Applicant/Developer shall obtain Various Start of Various all necessary permits required by other agencies and shall Construction submit copies of the permits to the Director of Public Works. 6. Fees. The ApplicantlDeveloper shall pay all applicable fees Various Start of Various prior to the establishment of use and the building opening to Construction serve the public. 7. Compliance with EIR Mitigation Measures. The proj ect PL On-going Planning is required to comply with all mitigations measures as detailed in the Final Environmental Impact Report (EIR) for the Dublin Transit Center (dated September 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 Mitigation Monitoring Program. 9. Property maintenance. The property owner and/or future PL On-going Planning 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 create a Construction nuisance to surrounding businesses and residences. and on-going II. Equipment Screening. All electrical and/or mechanical PL Through Planning equipment shall be screened from public view. Any roof- Completion/ mounted equipment shall be completely screened from view On-going by materials architecturally compatible with the building and to the satisfaction of the Community Development Director. LANDSCAPING - GENERAL 12. Final Landscape and Irrigation Plans. The Final PL Establishment Planning Landscape and Irrigation Plan shall be generally consistent of use/opening with the Dublin Transit Center Stage I Planned Development to the public Rezoning and with the preliminarv landscape plan prepared 5 RESPON. WHEN NO. CONDITION TEXT AGENCY REQ'D SOURCE Prior to: by Intemational 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, pedestrians or bicyclists. Except for trees, to the public 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 pubJic surveillance capabilities of the area. 14. Landscape and ntilities. The Applicant/Developer shall PL Establishment Planning 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 ApplicantlDeveloper shall screen all walls, of use/opening fencing and the sides of walls surrounding trash enclosures to the public 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 provide for security needs. 17. Plant standards. All trees installed shall be 24" box PL Establishment Planning minimum; all shrubs shall be 5-gallon minimum. Ground of use/opening cover plants may be 1 !mllon. to the pubJic 18. Installation of Landscaping/Parking Lot Improvements. PL EstabJishment Planning All landscaping and parking lot improvements shall be of use/opening installed prior to occupancy of the structure. to the public LANDSCAPING - PROJECT SPECIFIC 19. The parking structure shall have a continuous minimum 10 PL Establishment Planning foot perimeter landscaping with vertical elements (such as a of use/opening tree or a tall shrub) at least everv 20 feet. to the public 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 in to the public the parkway along Campus Drive. The Chanticleer variety resists disease better than Aristocrat Pear. b. Revise the bioswale design at the east face of the parking garage to resolve conflicts with the proposed trees. c. Replace Gleditsia (Honey Locust) with Celtis sinensis (Chinese Hackberry, Yunnan Hackberry). Honey Locust is highly susceptible to insets. d. Substitute Pyrus 'Chanticleer', Capital' or 'Redspire' for the P. 'Aristocrat' . Aristocrat Pear is more susceptible to disease than Chanticleer, Capital or Redspire varieties. e. Deleted. 6 RESPON. WHEN NO. CONDITION TEXT AGENCY REQ'D SOURCE Prior to: f. Provide an approved bamboo root barrier for the Phylostachys vivax (Timber Bamboo) or select a less aggressIve clumping bamboo such as Bambusa oldhamii (Oldham Bamboo, Clumping Giant Timber Bamboo). g. Use a non-reseeding bunch grass such as Miscanthus transmoriensis (Evergreen Miscanthus) or Huhlenbergia ngens In place of the Nassela tenuissima (Mexican Feather Grass). h. All areas identified in green but not labeled with specific landscape material shall be landscaped with low maintenance, drought tolerant plant material. 1. Deviations from the approved preliminary landscape plan (i.e. landscaping of the future retail area and/or changes in plant material) shall be subject to prior review and approval by the Community Development Director. PUBLIC WORKS 21. The access via Arnold Drive and Altamirano Road shall be PW Establishment Public completed prior to opening the BART Parking Structure to of use/opening Works the satisfaction of the City Engineer. to the Dublic 21a. Construction Traffic. During peak commute hours, all PW Duriug Public coustruction traffic shall access the BART garage site off Coustruction Works of Altamirano Road. During off-peak commute hours, construction traffic, specifically heavy equipment and concrete trucks, shall be encouraged to access the site primarily off of Altamirano Road. Coustruction traffic off of Iron Horse Parkway shall be limited to reduce conflicts with BART Datrous accessiß!! the BART station. 22. The modifications to Iron Horse Parkway at the entrance to PW Establishment Public the BART Parking Structure shall be completed prior to of use/opening Works opening the BART Parking Structure to the satisfaction of to the public the City Engineer. 23. Temporary parking lots shall be provided for any parking PW Start of Public displaced during construction. If such parking lots are Construction Works located on BART property they shall be constructed to BART standards; if such parking lots are located on property not owned by BART they shall be constructed to the satisfaction of the City Engineer. 23a. Parking during Construction. At no time shall the total PW Start of Public number of parking spaces available to BART patrons go Construction Works below the existing 1,714 spaces. Parking displaced during construction must be replaced and be available for use by BART patrons prior to existing spaces becoming unavailable. 24. Directional signs to "BART Parking" shall be installed on PW Establishment Public Dublin Boulevard and Hacienda Drive at locations approved of use/opening Works bv the City Engineer. to the public 25. If not completed with the Parcel Map 7892 Improvements, PW Establishment Public the medians, signing and restriping of DeMarcus Boulevard of use/opening Works 7 RESPON. WHEN NO. CONDITION TEXT AGENCY REQ'D SOURCE Prior to: and Iron Horse Parkway between Dublin Boulevard and to the public Campbell Green shall be completed within six (6) months of the completion of the Phase 1 BART ParkinQ GaraQe. BUILDING DIVISION 26. Fire Protection. The parking structure shall be provided B Establishment Building with a fire sprinkler system per section 7.32.140 of the of use/opening Dublin Municipal Code. to the public 27. Accessible Parking Stalls. The project shall comply with B Establishment Building the following criteria: 1) in accordance with the ADA of use/opening parking requirements, per the California Building Code, 2% to the public of the first 1,000 spaces and I % of the spaces beyond the first 1,000 will be accessible; and 2) in accordance with BART requirements one (1) out of every six (6) accessible spaces will be van accessible. FIRE 28. The property line through the building shall be eliminated. F Start of Fire 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 building and adjacent structures. 30. The building allowable area calculations shall comply with F Start of Fire CBC chapter 5 for each phase. construction 31. A detailed phasing plan shall be submitted and approved. F Start of Fire Emergency vehicle access, fire protection and exiting shall construction be maintained for each phase of the proiect. 32. Provide fire hydrants, water mains and backflow preventors F Vertical Fire as required by the CFC for the site. construction or combustible storaQe on site 33. Provide standpipes in accordance with NFPA 14. Temporary F During Fire standpipes are required in accordance with the CBC when construction the height of the buildinQ reaches 35 feet. 34. Provide exit signs and emergency lighting in the garage as F Occupancy Fire required by the CBC or by BART, whichever is more stringent. 35. Automatic sprinklers shall be provided throughout the building F Occupancy Fire as required by the Alameda County Fire Code. 36. Show the sprinkler system is monitored by a UL listed F Occupancy Fire central station or In compliance with BART criteria, whichever is more stringent, to the satisfaction of the Alameda County Fire Marshall. 37. Emergency vehicle all-weather (paved) access roads (first lift F Vertical Fire of asphalt) and the public water supply including hydrants construction or shall be in place, to the satisfaction of the Fire Department, combustible prior to vertical construction or combustible storage on site. storage on site Fire apparatus roadways shall have a minimum unobstructed width of 20 feet (14 feet for one way streets) and an unobstructed vertical clearance of not less than 13 feet 6 8 RESPON. WHEN NO. CONDITION TEXT AGENCY REQ'D SOURCE Prior to: inches. Roadways under 36 feet wide shall be posted with signs or shaIl have red curbs painted with labels on one side; roadways under 28 feet wide shaIl be posted with signs or shaIl have red curbs painted with labels on both sides of the street as foIlows: "NO STOPPING FIRE LANE - CVC 22500.1 ". 38. Approved numbers or addresses shall be placed on all new F Occupancy Fire and existing buildings. The address shaIl be positioned as to be plainly visible and legible from the street or road fronting the property. Said numbers shaIl contrast with their background. 39. Provide 2A10BC fire extinguishers within 75 ft travel distance F Occupancy Fire of portions of the buildings. An approved sign in accordance with Uniform Fire Code shall be conspicuously posted above the extinguisher. 40. Provide Knox key boxes at the main entrance to the buildings F Occupancy Fire at the exterior doors to stair that extend to the 4th floor and at any gates. The Knox box shaIl contain a key that provides access to the building or gate. Gates or barriers shaIl meet the requirements of the ACFD and BART Facility Standards. 41. The project shaIl comply with Fire Code as adopted by F On-going Fire Alameda County. 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-going 43. Posting of Entrances. All entrances to the parking structure PO Establishment Police shaIl be posted with appropriate signs per Sec. 22658(a) of of use/opening the California Vehicle Code, to assist in removing vehicles at to the public the property owner's/manager's request. Signs shall be and on-going approved by BART. 44. StairweIls. Outside stairwells shall be open and not PO Establishment Police obstructed from view. of use/opening to the public and on-going 45. Deleted. 46. Areas Beneath Stairways. Areas beneath stairways at or PO Establishment Police below ground level shall be fuIly enclosed or access to them of use/opening restricted. to the public and on-going 47. Deleted. 48. Vandal Resistant Lighting. Lighting fixtures shall be of a PO Establishment Police vandal resistant type. of use/opening to the public and on-going 49. Lighting Plan. A commercial lighting plan shall be PO Establishment Police prepared with point by point photometric measurements for of use/opening the parking structure, connecting path, and outdoor Darking to the public 9 RESPON. WHEN NO. CONDITION TEXT AGENCY REQ'D SOURCE Prior to: area and shall demonstrate that the interior portion of the parking structure will be il1uminated 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 adjacent to the parking structure. 50. Deleted. 51. Graffiti. The Applicant/Developer shall keep the site clear PO On-going Police of graffiti vandalism on a continuous basis at all times. Graffiti resistant materials should be used. 52. Theft Prevention and Security. The Applicant/Developer PO On-going Police shall work with the Dublin Police/BART Police on an on- going basis to establish an effective theft prevention and security program. 53. Perimeter Fencing. The perimeter of the site shall be PO Start of Police fenced during construction, a temporary address sign shall be Construction placed at the site and security lighting and patrols shall be employed as necessary. 54. Radio Transmission. The structure shall be designed to PO Establishment Police insure radio transmit and receive capabilities for police-fire- of use/opening ambulance. to the public and on-going 55. Security Telephones. The structure shall include security PO Establishment Police and emergency as required by BART Facility Standards. of use/opening to the public and on-going 56. Closed Circuit Surveillance. The structure shall include a PO Establishment Police closed circuit surveillance system as required by BART of use/opening Facility Standards. to the public and on-going 57. Speed Limit Signage. Speed limit signs shall be posted PO Establishment Police restricting 5mph speed limit per BART Facility Standards. of use/opening to the public and on-going DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) 58. Standard Conditions. Applicant/Developer shall comply DSR Through DSRSD with all applicable Standard Conditions as required by Construction Dublin San Ramon Services District. 59. The project is located within the District Recycled Water DSR Prior to DSRSD Use Zone (Ord. 301), which calls for installation of recycled Completion 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 10 RESPON. WHEN NO. CONDITION TEXT AGENCY REQ'D SOURCE Prior to: incompliance with District's "Recycled Water Use Guidelines" and Dep!. of Health Services requirements for recycled water irrigation design. 60. Off site easements for connection to District water and sewer DSR Prior to DSRSD facilities may be required. The Applicant/Developer shall be Completion responsible for acquiring all necessary off site easements and construction necessary off site water and sewer mams m conformance with all District requirements. OTHER 61. Walkway Canopy. Should fuuds become available, a PL Ou-going Planning walkway canopy shall be constructed providing a covered path of travel from the elevator tower at the BART garage to the BART plaza to protect BART patrons from inclement weather. PASSED, APPROVED AND ADOPTED this 18th day of October 2005. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 11 AGENDA 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, Mamie R. Nuccio, Associate Planner ATTACHMENTS: 1. Resolution recommending City Council adoption ofa Stage 2 Planned Development Rezoning, with Ordinance attached as Exhibit A 2. Resolution referring 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 I) recommending City CounciJ 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 approying 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 DublinlPleasanton 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 PlanlEastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, and Vesting Tentative Parcel Map established the land use approvals for the future development ofthe 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 I-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. cg. bACHMENT 3 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-I, A-2 and A-3. In April of 2004 EAH, Inc. received approval to develop Site A-2 (see Figure I) with 112 apartment units affordable to very-low and low- income households; construction is currently underway. Figure 1. Dublin Transit Center Project Area Site A-3 Site B-1 Site E-J , I Site D-l ,r ;¡ BART Parking Structnre :~ Village Green 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 I). 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 I-acre park to the south of Site B, the Village Green (see Figure I), 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-l with 300 condominium units and 15,000 square feet of ground floor retail. The Stage I 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-l (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-I thereby increasing the total number of residential units within the Dublin Transit Center from 1,500 to 1,800 and reducing the overall square footage of Campus Office fÌom 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 Inclusionary Zoning 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 Parkin!! 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 Housing 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 £Tom SPA to BART did not contain such a provision. Absent such a waiver of its sovereign irnmunity, 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: · Approyal 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 the jurisdiction 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-l to the north (future Campus Office site), D-2 to the east (future Campus Office site), 1-580 and the DublinlPleasanton 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 of7,500 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 a Public/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 Stal!e 2 Planned Development Rezoninl! 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 1a:Í1dscaping 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 1 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. T hi I S d d S f P kO f BART P a e tructure an ur ace ar IßI! or atrons Phase I Phase II Grand Total* Structured Parkinfl 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 1. See Grand Total colunm for total number of spaces provided at project build-out. Site Development Review Background: In 1997, with the official opening of the DublinlPleasanton 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 A (427 spaces) Portion of future BART garage (145 spaces) PG&E Substation (83 spaces) Site C (1,086 spaces) 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 110 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 Traction Equipment Station Phase I Parking Structure (1,528 spaces) "-.-. .. 110 Surface Spaces 68 Surface Spaces " \ .: :. . i l \ . ,. ttf ": j i L --. ·:=-~=:=-~~~k~ 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 Plan: 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 Traction Equipment Station 'I] (j ,ó , ' I, " , Phase I Parking Structure (1,528 spaces) 67 Surface 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. Directaccess 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 façade panels. Security screens are proposed on the lower levels of the garage and would be incorporated into façade panels as an accent feature. Painted metal louvers would also be incorporated into the façade panels to create added interest to the structure at defined points. Together the façade 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 façade panels. The façade panels would be accented with a smooth finish, colored stucco with painted metal louvers incorporated within. Each façade panel would be capped with horizontal banding or scoring. Smooth finish, colored stucco accents would complete the entry statement by tying the façade 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 façade panel as an accent feature. Incorporating elements from the vehicular entry, this façade 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 façade panel would have a border of smooth finish of colored stucco tying it in with the façade panels proposed above the main vehicular entry. South Building Elevation (Sheet 14. Attachment 4): The south elevation, facing the BART station and 1- 580, would be approximately 374' in length. To break up the massing of this elevation, façade 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 1-580 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 façade 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 haye 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 façade 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 1-580 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 1 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: I) 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, a non-receeding bunch grass (Condition of Approval #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 I Development Plan by proYiding 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 Enyironmental Quality Act, Staff has recommended that the Project be found exempt from additional CEQA review. The Project is within the scope of the Final Enyironmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Developrnent Zoning, Tentative Parcel Map, and Deyelopment 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 Tirnes 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, I) 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: LOCATION: ZONING: GENERAL PLAN LAND USE DESIGNATION: SPECIFIC PLAN/ LAND USE DESIGNATION: Alameda County Surplus Property Authority 224 W. Winton Avenue, Room 110 Hayward, CA 94544 Attn: Patrick Cashman Southeast of Iron Horse Parkway adjacent to 1-580 and the existing DublinIPleasanton BART Station Por. of APN 986-0001-013-02 and Por. of986-000l-009 PD, Planned Development (P A 00-013) Public/Semi-Public Facility Eastern Dublin Specific Plan, Public/Semi-Public 11 .~~ International I Parking Design, Inc. Architecture' Engineering. Consulting October 6, 2005 Ms. Mamie Nuccio City of Dublin 100 Civic Plaza Dublin, CA 94568 Re: East Dublin Parking Facility CCTV, Emergency Phone & Maintenance System Descriptions Dear Mamie, Per your request, please find below system descriptions for the above referenced project. CLOSED CIRCUIT TELEVISION SYSTEM A closed circuit television system shall be provided in the East Dublin BART parking facility. Fixed lens cameras shall be located for viewing and monitoring of all elevator cab entrances, elevator lobbies, and stairwells on all parking levels. Pan, tilt, zoom cameras shall be located for viewing and monitoring of all three vehicular entrances at the ground level. Typical parking aisles and cross aisles shall also be equipped with fixed CCTV cameras. In addition to local monitoring of CCTV images, the system shall be connected to the systemwide fiber optic cable system for transmission of CCTV signals to the Police Zone Facility having jurisdiction over the BART facility. Real-time continuous automatic recording shall be initiated by the video network digital video recorder. EMERGENCY TELEPHONE SYSTEM An emergency telephone system shall be provided to allow direct telephone connection to Central Control in an emergency situation. Emergency phones shall be located at both eastern stair locations and adjacent to the elevator tower lobby on all floors. In the event of an emergency, lifting a handset (no dialing) would place a caller to an immediate connection to the Operator in Central Control and the Station Agent's Booth of the covering passenger station. This action shall cause an indication to be displayed (flashing blue light) and an audible alarm to sound. At the power and support console at Central Control Location, the calling telephone set is automatically identified and logged, and an audio record of the conversation shall be made. MAINTENANCE CRITERIA While convenience, comfort, and attractiveness has been considered in the selection and application of this facility's finishes, the District and community shall be also assured that the goals of safety, durability, and economy are achieved first and foremost. The East Dublin Parking Facility shall employ standardized materials that are fabricated in such a manner to resist vandalism and provide for ease of maintenance, cleaning, and repair or replacement. 7700 Edgewater Dr.. Suite 635 Oakland, CA 94621 Phone 510 553-2120 Facsimile 510 553-2164 E-mail mfleig@ipd-oak.com Web www,ipd-gJobaLcom Los Angeles / Oakland I Irvine I Sacramento ATTACHMENT 5 Ms. Mamie Nuccio October 6, 2005 Page 2 BART Facility Standards and Basic Goals which are to be complied with in the development of this Parking facility include: A. Safety · Fire Resistance and Smoke Generation: Reduce hazard from fire by using non-combustible materials. Interior finishes shall meet NFP A 101 requirements. Adhesives and sealants shall meet the requirements stated herein. The Construction is of Type II-Fire Resistive and fully sprinkIered throughout. · Attachment: Eliminate hazard from dislodgement due to temperature change, vibration, wind, seismic forces, aging, or other causes by using proper attachments and adequate bond strength. · Slip-Resistant: All walking surfaces including the public areas and the ancillary spaces shall be constructed of materials selected for their slip-resistant qualities in both wet and dry states. These materials shall not require maintenance (other than normal housekeeping) to retain their slip- resistant qualities. · Glazing: Glazing used on the elevator tower shall comply with the requirements of CBC. B. Durability. · Provide for long and economical service by using materials with wear, strength, and weathering qualities consistent with their initial and replacement costs, and their location. The materials shall maintain their good appearance throughout their useful life. Materials shall be colorfast. C. Resistance to Vandalism. · Anti-graffiti coating shall be provided as required by BART BFS criteria. · Provide materials and details that do not encourage vandalism, that are difficult to deface, damage, or remove. · All surfaces exposed to the public shall be finished in such a manner that the results of graffiti can be readily removed with normal maintenance techniques. D. Ease of Maintenance. · Cleaning: Reduce cleaning costs by using materials which do not soil or stain easily, which have surfaces that are easy to clean in a single operation, and on which minor soiling is not apparent. Materials shall be cleanable with standard equipment and cleaning agents. Maintenance procedures shall not require use of JLG lifts. · Repair or Replacement: Reduce maintenance costs by using materials which, if damaged, are easily repaired or replaced without undue interference with the operation of the System. Spare materials shall be provided for tile and other unit materials in a quantity of approximately two percent of the total used. E. Aesthetics: Create a feeling of welcoming and timeless quality. If you have any questions regarding any of the above descriptions, please do not hesitate to call on me. Sincerely, Raju Nandwana Project Manager CC: Pat Cashman, Alamada County John Rennels, BART EXHmfJS .lTT'OCIIED: Exhibit I . Plans for the East DublinlPleasantoD Station Parking Lot ~{'.-- RECtJjMMENB~TION:'" Receive Presentation FIN~CIAL S'1JATEMENT: None DEEERlPTIOM The Bay' Area Rapid Transit District (BART) staff and consultan/S have previously COII'!?leted and presented plans for the East Dublin/Pleasanton Station to the City. The station is und'lf constNction. They have also completed plans for the parking lot (Exhibit 1) and the conlfact is out to bid. The contract for the parking lot iSlo be awarded in the Spring <If 1995. The plans call for approximarcly 2,600 parking spaces split between the north and south side.s. The plans for the north parking lot have recently been revised to include a mdio tower with a small out builcling. The tower will be approximarcly 120 feet tall. The SA R T staff and consultants will be available at the meeting to make a brid' presentation and to answer any questions about the parking lot. -~----.._--~------_...--------------------------_....-----_....-- ITEM NO. COPIES TO: Agenda File Chuck Middlebrook, BA TC Marv Dalander, BART ..------.------------------..-.....-------.--c:c;;;~~-;:;;~-:---~-------.------------------_.-..-----.------ ~ A CITY CLERK ITEM NO. /...,.. ~ FILE~, I ATTACHMEr.rr b .-. ~'1NgQÇ")!l:I;:; "" ;;!;~.f)t\1 ,- M ~u. 7.7.7- I lIe <;.1t..H,~ ~~ ~ ~~~ ~~ ~ ~~~~~~~c.. p.¡::"þ..~z>=tI ~~~~~~~¡; -:I ¡::¡:::¡::<'>I.>~~¡¡: ~ ~g~£~;:2~ ¡: -= _"":;~.J~~~""-"t. ~: ..~- " _z ¡::ii;; ""I- ~~9 L .~~ .~~ ~ ,. , ! . . -j ¡, L, I \ h -. ~ Z:~ oz IH "'- 1::5 < . ~o U -" Z" _z u< u~ ë:ï% ,,< § ~" ::0:' ~E z. 0" ... "'~ · ~ .. .. m....;-N ICI ~..- g N ~ I Ii i !?J I' I I 1 , , ¡ u z ¥~ ~ I<lI.ua:: po; 2.< ~i:;;;¡c:.. ~~~~ oot.,:¡. ~ S~uu ~ t;~~=: S ! . H i . d ¡ < .. :'j .. t! >; =~ t¡¡: oz zw i, ,- ,I I 5 I i I ¡ , I e fi . '" u z ;:::::;5< ....-N g~j ",wo. "'--'~'<--"" -'" ~~ 'z !;g "'Zz "<0 ::>"'- "'~.... .!:J;; "'~" EXHIBIT ( z :5 (l. w ¡... ti3 I- U ¡;¡ I;; ¡; z (..o.Zo -0_ "'-... zcn< <z.. "..", I-þz ..~ò - ¡-. ~~~ "...", <~;;¡ ~"'~ ~~o.. >-~....... ~,3 035 u~::> "'.... -'" ~~rJ < " .. " < '" z · "'~ ~! <0 ....0 ~. ~.!. ~. ze o. uw w ¡-.U _z ~. zm <. "'" "0 <3 "'. . '=~ .....c'" · ". <~ "'m ..__u__ é' ~. '- .._ u... ',"':"--.. .--\ \": .~'\~>~=:=t:~.-;-~; - -- : \-~.-'''':''': --~ ~:\-.-~ --- --- --;~... .., '.:' . " \:~¿~~,i~;)~{j:X), \ '~._< '\..< .\ \;:.(/-'~,- "', ,\, i" \: /-....:.-." /'..".. " ".-.....,..". '-.:....> .\ ~ ,""\' --'.... . . '><"<:;:'cr~' ". .--" , .' //' / .' /' / , .' " :1 ~I \~.... .(-~ , .,'.... ,,/7. // ¡::: / /~ t // = / " .' .- ,- ¡~. '.~''''-;l''''' ,~ \, ..{...~ \_/',"J' I . I' ,--.,: '. ::>- , .{ ..(" I' \,j.! "'¡. l'~ ···5c,?~:.::~:\ .' ..-..... ( \' . .r-",,, : .<~-':<"~:~\:_' t '/(" ':~?::y¿'_/ ':' li~'');:~i(;::/. '. !:.:;~:.:' ". '......:'~<:·,c:>_,·,.·· ,':-}' J ,','.' -., . ' . , ,l I . .,/ >------ --'....... ./ /// / ,:. /// ~ ~ :or. ~ :;:: :r. , ,. '" <; '" ~ x. . ......._.MM.. , - ," ... -,...... / --... . ---- ""-""_:::':~==;:" ._~= - - . ~ ..1: ....:"'- ~~!~~ i ~ 1 ~ª~ > ~;' ~~ 0;--'.---' ~ W~ ì , r: I . , . ". "'/ ^ "->' 'I' -......./ r. \. . '..... ,~ ...., ; I I \ \ , \ :I :r. ,. .? " ~ '" - g ~ ~ ~ s ~ ~ ÿ. ~ ~ :r. :J1 -. ~ :s -'< - ;.-:: - :2 % '." z--:: C;: :::Ë :2~ t:;c¡ ;:; _l 7,:: -;-. :...:'" .,;; ~'"- ~?'. ::;'l'. ::;il ::.,:;:::: ~~ :ï:E ~ ~ ~z::: ~7.~ g~~ ~~;: ~~Z ;~~ ~~~ >- :-:~.... ~::.~ ~ª~ ~=~ ::; :? , ~~ ~. ~~ ~:--- ~~ :..;;:¡ , ~! ~~ :;;: '. ~ . :::::::: - ¡ ~ ~ ï § , , 0 å·; '. ..~ ~i. s¡ ~' 3~ ij 11 ", -, c·i g,,; '-2 c.r, ~~ h ¡~ 1~ :2~ to'j ~!r ~~ otti iið ~s -::j ill ,~ ~~. "§" .~ .... ...~!a! 8=1 .. .. . '" ~ ; *:;p.,,·I· ,. '- N 0 ëi5 ~ ~ I I .' ~~ " ." ! "- z "j . -' '" ~I"YI I ~!I ! ~;;; <t < :::Š ~ "I, ,I ~ :r ;E ! ~ I ~~ ï: II ';!j . ~ . ·.u·"'~'··11 ~ :¡ 0 z ¡ '1'111<' :¡.,"" . .' ., .. 3 '¡!Ii ~ .I~i~' l ~ g;~:::.19 o! ~~;2¡ I ~ A~tôi"'J>ð:rj:O¡' " vS ~¡¡ ~:ii ¡G 'fi' ~u ~f ~~~ & ¡~ Ii- !~ I' ".~fi_. t~" > j ~¡ L;~O Sl,:¡ 'ži~ :::::'~ ðQ"9 .sl~ ::i! J""" ~~.i ~I~ i[~ - ~'~ - .J:d- .. a \ '>g J I I !~ '!iI,' ~.. ft~:¡g g.c ~';' {- J ;~;~'< · r- I.. J." ;: 8~L~ ~'1í!~~:r ~ =~~.'~~~U 7- zO 0", ~~ w S(Z Q \,¡,Ie ....;:: :z:~ ~~ 0(1) ..- ~i1i ~j ¡:;~ o..~ ,.,,=~ ~5 ~b '00 z 7.;;> ::;0 ~..- O~ · 1-0 2" ~ o 'j ~ ~~j ~ H· I- ~~~-:-.;I ~ ~!;: ~ ~¡ " I- .0: ~ : Q lIP.';') il: :! ~ 0( ,<' ~ a: iii '!" < Ii! , ~ ij~ o '<;1 () 11.). ~ ~!ÎJ ~ 'I ~~iV\ II. ~f:: I z ::Ii__ < ~î ~ '" 0 , " . · " I ,~ . I! I ! 1\ " .1' I .1 ---- /'--.." Cm. Howard clarified that the committee will not dictate to the Economic Development Manager. Mayor Houston stated their charge has not changed, we just have more people who can add ideas. Ron Nahas should be asked to stay as he is a great asset. Cm. Barnes questioned the amount of time. Mayor Houston stated they could revisit it in 6 months. This is not set in stone. This is something that will revolve over the years. Mayor Houston directed Staff to send a letter to the Chamber of Commerce asking if they also want to add people to the BTF. .."+ . (:frV Ox .",. PRESENTATION ON EAST DUBLlN/PLEASANTON BARTSTATION (1060-301 Planning Director Tong advised that recently completed plans for the East Dublin/Pleasanton BART Station call for approximately 2,600 parking spaces split between the north and south sides. 171.1._ C, "._ ..~, II, lu l IL~ lilt hI 15 rJ "'"Fly b.:.._. I l,-,vL_.d t3 i1it811Jf98 .i4I@I8fè-t~I..I~JM~~¡lH~-b>..... U¡;.:J\..A:Pln1Jlzcrï_dttlyy~l~ I ~ ~n~IJ w I ~vneJ~. Mr. Tong introduced Chuck Middlebrook, with BATC and Marv Dalanderwith BART who made brief presentations and showed slides of the project. Cm. Burton questioned the location of the 'kiss & ride' drop off. Mr. Middlebrook pointed out the location on the slides of where the drop off points would be. Cm. Barnes asked if cars could go from the north to the south. Mr. Middlebrook explained that they couid not. Cm. Moffatt asked if there was any concept of double stacking the parking. Mr. Middlebrookresponded no, they have not been asked to do anything, but it is entirely feasible. This plan should meet capacity through 2005 and then they would need to look at ways of providing additional parking. .~*.***.*.*...***********.****************************.**********.*..***...**.****.***.***** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING ~.__Jl.. ..... "~r": PAGE 7 .~ ..-.. , this fiber optic system, and they should have a system within 5 years or so and then tll_J ..l'~hll It 1111..d..w,~ I"",~,·. Cm. Burton asked what would be involved with putting it further east on the County property, near the California Highway Patrol facility and the animal shelter. Mr. Dalander stated he did not know. They would have to talk to the communications people. Cm. Burton stated he would like to see this addressed. Mr. Middlebrook advised that the antenna had already been bought. Bob Fasulkey asked questions about the 120' tower. There is technology that makes this unnecessary. \JsL _,,~oIiI¡if;'WuJ¡ p_Q Q 'k:1I~' I4Qr ~~I","""mlØ.~14¿ H1ii!IÞI..j, I¡e trerI'TS. MI.I(.iI!l\!ll¡a~"""'-I¡ rn~~~d..~¡¡)t~",,,¡~,-,;;,,,,,·,·,1'1'1'1!!1~iulti~N .:.Iit~.."ilu @ "GJ....ith p~li<;¡'i' . 'r I 'i1i. Mr. Fasulkey stated he would still stand opposed and feit it was unnecessary. ....uuuu.. Reauest to provide help to Childrens' Theatre Workshop (900-40) Lyn Dinelli, 6979 Portage Road stated she was a 15 year resident. She discussed the recent article in the newspaper about the Childrens' Theatre Workshop and the money and space problems they are having. The Dublin Unified School District has agreed to give them a hand and they would like to speak to the City Council about this. During campaigns, several people expressed concerns about activities for the kids and this group provides a wonderful outlet for kids. She requested that the City Council place this issue on the next City Council meeting agenda in order to discuss some things the City can do to help them find a home. She would like to see this group call Dublin home. Mayor Houston asked about the discussions with the School District. ****************************************************************.*****._*.***-******--****** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9, 1995 PAGE 9 , - 9ìtø .Cí~~L': ~'~~<:;;Iõ,vaD jt\N 13 '\995 clT'f Of DUBUN January 12, 1995 Dublin City Council 100 Civic Plaza Dublin, California 94568 Dear Council Members, Recently representatives of BART and it's consultants presented a plan for the new BART station to be built in Dublin Apparently this original plan has now been modified to include a large communications antenna for the exclusive use of BART. To the best of my knowledge this antenlUl has never been reviewed for public comment. A change of this magnitude seems to demand such a review. Do we have a choice in this matter? According to BART's testimony alternatives to the antenna are available. These should be used as was originally proposed. J respectfully request your assistance in addressing and eventually removing this antenna from the plan. We must send BART a clear message that their arrogance cannot be perpetrated on the community of Dublin, _.-- Bob Fasulkey, Dublin Citizen 7776 Topaz Circle Dublin, California 94568 829-6299 !o(Po <30 ~" ~ Cm. Howard stated she would like to know more about the must-carry stations. We have 2 Chinese and 2 Spanish Mr. Rankin stated unfortunately because of our geographiciocation, and the way the bands were drawn, we have a large number of must carry stations. Mayor Houston stated he thought Washington is reviewing this. People are frustrated that all of a sudden one day it is cut off. If they could make their opinions known, this would be better. He did not know what the lead time is. Mr. Rankin advised in this =se they were refusing to carry the station they must put on and they lost, so now they are taking off the Nashville Network to carry this other station. Cm. Barnes requested Staff to ask Viacom when they are going to increase their capacity? m...... . m.......... BART (1060-301 Cm. Barnes asked vAb-.&. .J.h~~r;~.L.c-......n~n UJ~I d!7 h~ rlnip2 ~W!;¡ r.ogC'trrf tr.\ ~p.t'r'-"-IiÌi~~to t~e#@r"",".."'" i~18 ¡:@IIII!!III(¡¡¡~' ""~ 'i:;\\iòI~A~:rril~¡¡¡ "jIileR1.·""'II,=,rHla:-VVhat can be done about this. Mr. Ambrose stated the Council discussed this and gave Staff no direction. They can apply political pressure, however. Cm. Howard asked if they have a mock up of the BART Station and what it will look like. Cm. Moffatt questioned ·if they would have a model over at the BART office in Pleasanton? Cm. Burton stated if they are already going to bid, this is finished. Mayor Houston stated ¡fanything, we just want to know what their concept is. It is kind of late in the game for this. Cm. Moffatt questioned if, under FCC regulations, we have any jurisdiction over antennas? **._.*************************************************ft****************************** CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31,1995 PAGE 69 -. .~ Cm. Burton stated it can't interfere with other people. Cm. Moffatt stated he thought antennae weren't under the purview of the Planning Commission. Cm. Burton commented that cities can control antennas. Ms. Silver advised that cities cannot control those that transmit but can control receive only antennas with respect to land use issues, such as height, visibility, distance from street. etc. Cm. Burton felt the best bet would be to ~J. II~~", I""",... 111 it 11II1II1 ·Iu._ .:!Le. . Hazardous Waste Plan (850-701 Cm. Moffatt reported that the Waste Management Authority had a Hazardous Waste Management Plan that came out several years ago and because the State was low on money, it wasn't certified. The State has now decided that they will certify it and this will come back within a month or so. . Cm. Burton asked if this was for Household Hazardous Waste? We have 3 pick up centers. Cm. Moffatt stated this has to do with sites that generate. There is an inter-jurisdictional agreement that will come back for re-evaluation. If we don't get involved then the State has the ability to site a hazardous waste generator in the City. The State would come In if we don't get involved. Cm. Burton commented that this sounded like a threat. .......... Peddler Permit/License 1390-40) Cm. Moffatt stated a citizen had asked him if the City Council would be interested in an ordinance to make it illegal for door to door solicitation to occur, especially if they have a sign that says no solicitors allowed. This came up mainly regarding the safety issue of homes. *******************************************************x***************************** CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31,1995 PAGE 70 /~ ~ Mr. Ambrose pointed out they are not an agency. It's just a group of communities. There are risks if we do and risks if we don't. It's important for us to have the City Attorney look at the impacts. The Council needs to understand exactly what we're getting into. Cm. Burton stated he was not against the report. His point was to not get involved where they can come in and enforce things that impact us. By a concurrence, the Council agreed to continue the item to the February 27, 1995, City Council meeting in order to obtain further analysis from the City Attorney's office before considering adoption of the Tn-Valley Transportation Plan/Action Plan. ................ .................. OTHER BUSINESS Informational Reports 1610-05) Mr. Ambrose reported that Staff was working with the School District to schedule a meeting of the Teen Task Force on March 16, 1995, possibly in the Dublin High School cafeteria. G!i'J" I¥Ilel'l..e., Sil¥el"'elI!l~~~ooea.~m""l~ r!a'li(5I't'!'e'1erbd"I,,:,.~hc r:,~T ~¡¡¡¡;;¡¡a. Mr. Ambrose relayed information from Carol Whiteside related to National Correction Day; dumb federal laws that need to be changed. The Council thanked Staff for the updated list of appointments. Cm. Howard asked what's happening with the old Lucky Store site. Mr. Ambrose advised that Staff had no information on a firm tenant. They were looking at a furniture store, but this is not confirmed yet. ******************************************************************************.....** CITY COUNCIL MINUTES VOLUME 14 REGULAn. MEETING 1i~.-u4Il'-;J, J.~J:> PAGE 101 /~ '--.. Mr. Ambrose stated he had talked with the corporate Vice President of Best Buy. They hope to open 9 stores. The Dublin location is a number one site. but they are also considering two other sites. Cm. Barnes asked if we ever got information on the City entrance signs. Mayor Houston stated he had not heard back from the Chamber. Janet said they would look into it. Crn. Barnes requested that someone please follow up on this. Cm. Barnes advised that she had been on the phone constantly about the Viacom and TNN issue. It appears by the way they put it in the paper that we were more successful. but we really were not. Viacom has assured us that sometime in 1995 or 1996. this will all be fixed. They've sold the company and there's new people. They don't even know if they will have a job in June. The people in Dublin that were fighting for TNN did not win. Cm. Moffatt asked if we could revisit the National Small Business Tree Program and get some of the berms over on Dougherty road planted. Redwood trees and azaleas would look nice. or maybe some native oak trees. Mr. Ambrose stated the application has already been submitted. Staff can review this. Mayor Houston asked If somebody comes out and checks to see where we piant the trees. Mr. Thompson stated yes. he thought this was a requirement. Cm. Moffatt said this was a general concern - If we can't plant trees, he requested that Staff look at the possibility of pianting some seeds to get some coior out there. Mr. Ambrose said Staff could evaluate this as part of the budget. Cm. Moffatt brought up the League of California Cities urgent fax about SB 1 I and mandate relief coming up on Wednesday, February 1 5. Mayor Houston said he supports this. Mr. Ambrose stated Staff could send something on this. Cm. Burton commented on the memo regarding the reiease of prisoners coming to Santa Rita. He saw something about them trying to negotiate with bus tickets. Mr. Ambrose stated once they are released. they are free. We have little to say about this. They can make it available to them, but they can't make them do it. Mayor Houston felt as a general practice. they help arrange for a relative or friend come and pick ***************************************************************.********************* CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 102 :'""- ~. them up. If somebody has no way to get out, they try to make arrangements with a bus or some other way. Cm. Howard asked why they don't make them free when they step on the bus. Cm. Barnes stated the prisoners are from all over the state. Mayor Houston advised they could be there anywhere from 10 to 60 days. A portion of them will be going back to jail. Cm. Burton stated since they go through a court hearing, why not let them go from the court. Cm. Burton asked if Cm. Howard had attended an Alameda County Housing Authority meeting. He attended the last meeting. but she is the appointment. Mayor Houston requested that the City Clerk check on this to see who the appointment is. He stated he tried to spread out the assignments. Following discussion, it was determined that Cm. Burton rather than Cm. Howard will be the appointment. Mayor Houston stated he saw on CTV 30 that 4 people from LA VT A were going to Washington. D.C. He questioned who authorized this kind of thing? Cm. Moffatt stated one of the problems that all the transit agencies are having now is that the budget has been cut back very severeiy. They are trying to lobby for more money from the federal government. The money that's been spent in the past for lobbying is small compared to the money they get. Mayor Houston pointed out that the City of Dublin works hard to cut back here and the different boards should be aware of this as well. Four people are too many. He's happy our people didn't go. Cm. Moffatt asked for direction related to the use of the Regional Meeting Room by the Subregional Pilot Program people. Since Dublin will no longer be participating, this group may be required to pay for the meeting space. The Council determined that they will have to pay in the future. Mayor Houston stated he would be at the next meeting and he would break the news and will take the arrows. ...............-. u..... CLOSED SESSION At 10:43 p.m., the Council recessed to a closed session to conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(0): City of Dublin vs. Dublin Meadows Partners, Golden Eagle Insurance Company and JL Construction Company - Alameda County Superior Court Case No. V-003778-9. *************************~*********************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 103 10/06/2005 tXì Joel Keller PRmIIENT Go"', Ward All", vtCeMESIDENT Thomas E. Mafgro GaoERA.lMANA~ DlREGTORS Gail Murroy 13TDISTflICT JoeIK.11er v,lODISTIIICT Bob Fro.klm 3ftOOl5TlUCT Corole Wan! Allen 4'1'liDlSTRlCT Zoyd luce 5TIlDISTft CT Thorn" M. Blalock GlltDISTRlCT lynette Sweet 7TH DISTRICT Jamøs Fang 8~DISTRlCT Tom RadulO'/ich IITHDISTIUCT www.bart.gov 08:28 NO. 808 1'001 SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 300 lakeside Drive, P.O. Box 12688 Oakland. CA 94604-2688 (510) 464-6000 October 5, 2005 Jeri Ram Conununity Development Director City of Dublin 100 Civic Plaza Dublin, CA 94568 via facsimile (925) 833-6628 RE: Radio Tower at Dublin BART Station Dear Jeri: I am pleased to provide you with the status of the subject radio tower. It is unfortunate that 10 years ago individuals who are no longer with BART indicated the tower would be temporary until the fiber optic system was installed. The fact is the fiber optic system has beeu installed. However, the tower, along with similar structures throughout the system are a critical component of our system-wide telecommunications network. This system enables us to connnunicate both internally as well as externally to other public safety agencies. Homeland Security issues and other recent natural disasters have highlighted the importance of a clear, uninterrupted and efficient communications network to enable us to provide critical regional transportation/evacuation and public-safety services in the event of an emergency. This seamless network of fiber optic and wireless communications is only possible with the strategicalIy placed telecommunications towers. Thus, I want to assure your Planning Commissioners it is only through the connnunications network referenced above that we are able to provide safe and efficient transit services throughout the Bay Area communities which we have the privilege to serve. Thank you for allowing me to clarify the sigoificance of this very important asset within our system. S~lY; ~C~ Kathleen K. Mayo Deputy Executive Manager- Transit Systems Development Cc:J. Rennels ^TTACHMENT Î 10/06/2005 THU 08: 33 [TX/RX NO 6t67] i;i] 001 ð STRUCTUR STATION PARKIN B RT I BL D EAS m STRUCTUR G i LIN BART STATION PARK EAST DUB r ART ......a