HomeMy WebLinkAbout6.4 EastDubBARTGarage
CITY CLERK
File # D~[1][Q]-~
X 45/:>..... 3D
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 18,2005
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 PlannerO¡t.-
ATTACHMENTS:
I. Ordinance adopting a Stage 2 Planning Development Rezoning
2. Resolution approving Site Development Review, with Project
Plans attached as Exhibit A
3. Dublin Transit Center Land Use Plan
4. Agreement between the City of Dublin and Alameda County
Surplus Property Authority Regarding the Enloreement of
Conditions or Approval t\)r the East Duhlin BART Garage
5. Planning Commission meeting minutes of September 27,2005
6. Letter from International Parking Design (IPD), Ine regarding
CCTV, Emergency Phones & Maintenance System Descriptions,
dated October 10, 2005
7. City Council Agenda Statement and Meeting Minutes trom 1995
8. Letter from BART regarding Radio Tower at Dublin BART
Station, dated October 5, 2005
9. Planning Commission Resolution recommending City Council
adopted of a Stage 2 Planned Development Rezoning
10. Planning Commission Resolution referring decision making
authority and recommending City Council approval of Site
Devd()pment Review
RECOMMENDATlONmr!' I.
2.
3.
. " 4.
5.
Open public hearing and hear Staff presentation.
Take testimony from the Applicant and the puhlie.
Close public hearing and deliherate.
Provide Staff with direction on the 3 items recommended by the
Planning Commission.
Waive the Reading and introduce the Ordinance (Attachment 1)
adopting a Stage 2 Planned Development Rezoning.
6. Adopt Resolution (Attachment 2) approving Site Development
Review, with Project Plans attached as Exhibit A.
FINANCIAL STATEMENT:
None.
-----------------------------------------------------------------------------------------_._--_._--~-----~---
COpy TO: Pat Cashman, ACSPA
John Rennels, BART
ITEM NO.
(p.L../-
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G:\PA#\2003\OJ-062£::. Dublin DART Gal'age\CC\CCSR JO-18·05 Rev.doc
PROJECT DESCRIPTION:
Backgroulld:
In December 2002, the City Council adopted Resolution 216-02 approving a General Plan/Eastern Qublin
Specific Plan Amendment; Ordinance 21-02 approving a Stage I Planned Dcvelopment Zoning; and,
Resolution 02-40 approving Tentative Parcel Map 7892, for the Dublin Transit Center, located generally
between the Iron Horse Trail to the West, Dublin Boulevard to the North, Arnold Road to the East, and
the Dublin/Pleasanton Bay Area Rapid Transit (BART) Station to the South. A Master Development
Agreement lbr the Dublin Transit Center was adopted hy Ordinance 5-03 in May 2003 and together with
the approved General Plan/Eastern Dublin Specific Plan Amendment, Stage I Planned Development
Zoning, and Vesting Tentative Parcel Map estahlished the land LIse approvals for the future development
of the site.
The Dublin Transit Center project area ineludes the future development of up to 1,800 residential units on
Sites A, B, C, and E-l; 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 Band C (See Attachment 3). The Transit Center project area also includes 8.65
gross acres of public/semi-public uses ineluding the future BART parking structure, an existing PG & E
substation, and surface parking lots for BART patrons.
Developmellt 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
: I ~,
Site A-3
Site B-1
Site E-I
SiteD-I
BART Parkin!:
Structure
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
rcceived 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 1), was also proposed in
Page 2 of 15
January 2005 but was not approved. A separate application will be submitted by Avalon Bay for the park
site. Site B-1 is eurrcntly under construction by DR Horton and Site B-2 is currently in Building Plan
Check review.
DR Horton also submitted a proposal in July 2005 for the development of Site £-1 with 300 condominium
units and 15,000 square feet of ground floor retai1. The Stage I Development Plan for the Transit Center
adopted a "flex zoning" which allowed ror the development of up to 300,000 square rcet of campus office
and 150 residential units on Site B-1 and up to 190,000 square feet of campus off1ce and ISO residential
units on Site D-I (see Figure 1). At the October 4, 2005 City Council meeting, the Council adopted an
Ordinance anlending the Master Development Agreemcnt tòr thc Dublin Transit Center to allow the 300
"flex" residential units to be developed entirely on Site B-1 thereby increasing the total number of
residential units within the Duhlin Transit Center from 1,500 to 1,800 and reducing the overall square
rootage of Campus Office Irom 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
Inelusionary Zoning Requirements. DR Horton's project is currently in Planning review.
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
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 ineluded the si te
currently known as the Dublin Transit Center. The Annexation Agreement requires that any development
proposed fòr the Transit Center property shall be processed in accordance with:
The City's rules, reglllations, ordinances or other enactments relating to land llse
including but not limited to the City's General Plan, any applicable Specific Plan.
Municipal Code, Zoning Ordinance, Building Code, Electrical Code, Mechanical Code
llnd HOllsing Code. "
In addition, the County was required to ensure tl18t if it transferred the property to another governmental
agency that a clause would be included in the deed requiring the same compliance that is referenced above.
The deed transferring a portion of the property on which the BART parking garage would be constructed
from SPA to BART did not contain such a provision. Absent such a waiver of its sovereign immunity,
BART is not subject to the City's land U5e and building regulations. Nonetheless, since a portion of the
proposed BART parking garage is on property owned by SPA, the BART parking garage would require
the following approvals:
· Approval of a Stage 2 Planned Development Rezoning;
· Approval of Site Development Review; and
· Approval of a Specific Plan Development Agreement.
In addition, the constnletion of the garage would be required to comply with all of the City's building
standards in relation to the construction orthe garage, ineluding but not limited to:
· The City of Dublin Building Code;
· The City of Dublin Fire Code;
· The City of Dublin Electrical Code;
Page 3 of 15
· The City of Dublin Plumbing Code;
· The City or 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 n(Jr 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:
I) The requirement that the BART parking garage be subject to the City's building standards and to
the jurisdiction orthe 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
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 ineluded a mechanism to ensure that the
conditions of approval would be enforceable by the City (Attaelunent 4).
The Project:
The East Dublin BART Parking Structure (the "Project") wou]d be located on approximately ±4.99 acres
of the ±8.65 gross acres of public/semi-public lands within the Dublin Transit Center. The site is
surrounded by Site D-I to the north (future Campus Office site), D-2 to the east (future Campus Office
site), 1-580 and the DublinlPleasanton BART Station to the south and Site C (future High Density
Residential site) to the west. The Project ineludes a 6-7 level parking structure, surface parking,
landscaping and the future construction of7,500 square feet ofretail.
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 Sneciflc 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 Speeitie 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 wi1l be owned hy 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 we1l as high density
Page 4 of 15
residential uses within close proximity to mass transit. The proposed BART parking stmcture 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 al10w for the development of high
density residential uses within walking distance of mass transit. The Land Use Concept for this Suharea
identifies the site as being 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). Ancil1ary
retail and serviec uses that offer convenient goods and services to area residents, employees and
commuters are encouraged on the ground t100r along Iron Horse Parkway and have been planned lor as
part ofthis Project (see Retail below).
Staec 2 Planncd Development Rezonine
The Stage I Planned Developlnent 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 pennitted use. The
Stage I 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 tuture (Phase IT). tn total, 2,200 parking spaces would be
provided for BART patrons_
The Eastern Dublin Specific Plan requires that a Stage 2 Planned Development Rezoning be adopted prior
to project specific Site Development Review approval. The Stage 2 rezoning establishes the specific use,
site layout, development regulations, and architectural and landscaping concepts lor the Project
(Attachment 1) and must also be compatible with the adopted Stage 1 Planned Development Zoning.
The proposed Stage 2 Development Plan would be eompatible with the adopted Stage I Zoning as
follows:
· 1,528 structured parking spaces would he provided in the Phase I garage and 178 surface
parking spaces adjaccnt to the garage for a total of 1,706 parking spaces on the BART
garage site'".
· 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 of2,219 parking spaces on the BART
garage site'".
· Site improvements ineluding the installation of landscaping would be provided for both
Phases orthe Project.
'" An additional 83 surface parking spaces, located adjacent to the PG&E Suhstation, and an additional 34
Kiss & Ride spaces, located south or Site C, currently exist and would remain available for BART patrons
but are not included as part of the Stage 2 Planned Development Rezoning as they are not located on the
BART garage site.
Page 5 of 15
Site Development Review
BackgroulIll:
In 1997, with the official opening of the DublinlPleasanton BART Station, approximately 1,200 surracc
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 area surrounding the BART Station, now known as the Dublin Transit Center, which
ineluded the future construction or a BART parking structure to replace existing surface parking.
According to a recent site asscssment of surface parking, there exi~ts today a total of 1,741 surface parking
spaces throughout the Dublin Transit Center. As noted above, it was originally estimated that there were
1,627 spaces which was a little lower than what actually exists there today. Existing surtàce parking is
provided as follows (See Figure 2):
· Site A (427 spaces), and
· Site C (1,086 spaces, ineludes 35 Kiss & Ride spaces),
· PG&E Substation (83 spaces),
· Portion of the ruture BART garage site (145 spaces).
j<'i ure 2. Existin Surface Parkin rJiJ Dublin Transit Center
SiteC
(1,086 spaces,
includes 35
Kiss & Ride
Spaces)
Siteß
Site A
(427 spaces)
PG&E
Substation
(83 spaces)
Portion of
future BART
garage
(145 spaces)
Project Phasillg:
The Project is proposed to be constructed in two phases and will ultimately provide a total of 2,336
parking spaces for BART patrons. Based on the number of existing parking spaces (1,741) for BART
patrons, the Project would be providing 595 more parking spaces than what eurrcntly exists. According to
the Dublin Transit Center Stage I Planned Development (PD) Zoning, an additional 500 parking spaces
for BART patrons was required to be provided with the construction of Phase" of the BART parking
structure. The current proposal would provide 95 more stalls than what the Stage I PD Zoning required.
Construction of Phase I of the Project will result in some displacement and reconl1guration of the existing
1,741 parking spaces causing a net loss of 23 surface parking spaces while the Project is under
construction (a condition of approval has been added to the Project based on concerns expressed by the
Planning Commission to ensure that there would not be a loss of parking during the construction of the
Phase I garage). Phase I of the Project would provide 1,823 parking spaces for BART patrons which
would be 82 more parking spaces than what currently exists today (See Table I). As noted above, at the
completion of Phase II there would be a total of 2,336 parking spaces for BART patrons, 595 more than
Page 6 of 15
what exists today. Additional inftmnation on the Phase I and Phase" site plans for the BART parking
structure site are provided below_
Phase I Site Plan:
A 7-level parking garage with 1,528 structured parking spaces is proposed to he located on the northern
hal r of the site with 110 surface parking spaces located south of the stmeture. 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
Phasc I Parking
Structure
(1,528 spaces)
110 Surface
Spaces
'n_
68 Surface
Spaces
While Phase I of the BART garage is under eonstmetion 145 existing surface parking spaces which arc
located on a portion of the site would be displaced; these parking spaces would be relocated to Site A (See
Figure 2) which currently has 427 parking spaces. Site A would be reeonfigured to ultimately provide 582
surface spaces while the BART garage is under construction. This would he 10 more parking spaces than
what currently exists today (See Table I).
Site C (See Figure 2) would also be reconfigured while the BART garage is under construction in order to
provide the required number of disabled accessible stalls ¡t)f BART patrons and provide vehicular access
between Sites 13 and C (See Figure 2). The existing 1,051 parking spaces on Site C would be reduced to
1,018 for a net loss of 33 parking spaces while the BART garage is under construction (See Table 1).
Upon completion of Phase I, all existing surface parking on Site C and Site A would be relocated to the
parking structure and both surface parking lots would he demolished.
Phase 11 Site Plan:
A 6-levcl parking structure is proposed for Phase" 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 111 surface parking spaces south ofthe 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" structure; the displacement of III surface
parking spaces would be necessary for tbe construction ofthe Phase II garage (See Tahle 1)_ 67 surlaee
parking spaces would remain adjacent to the traction equipment station (See Figure 4). In all, the amount
of parking provided upon completion ofhoth Phases of the project would be 2,336 parking spaces.
Page 7 of 15
Table 1. EXI arking or B atrons
~ ~~- .
Existing Phase I Condition Phase II Condition Project
..~""~ Total
.--,. .
Interim * Phase 1 Phase I Phase 11
Totul Modified
- -.- .". - --
Structured () () 1,528 1,497 (-31) 655 2,152
--. m
Surface
.582'(+155) .'.'
Site A 427 () () II
.,.'
_~iteC 1,051 1,018(-33) () () 0
-
Kiss & 35 35 34 (-1) 34 34
Ride
f---- BART --. -. --
145 () (-145) 178 67 (-111) 67
garage
site
"
PG&E 83 83 83 83 83
Suh-
station
1, 71~ (-23) i,823 tt82) ,- }.336 (+595)
Total 1.741 1.681 655
L.· .
dP
f
ARTP
*Interim parking is the amount of parking provided while Phase I of the BART parking structure is under
construction.
Figure 4, Phase II BART Parking Structure
Traction
Equipment
Station
; I'~IIJ! -",--,.._-- II
--~-- ~ -_.) i)"VfjT;'"',/ I (
/ .. 7- ,..,,¡ '1\ l "¡l:I)~¡)~"~ r~;,~~!1 I I'
_/>~:;¿'~-Lr__ _,_:_"~,~~,~,,,"q': .!
67 Surface
Spaces
"-..........,.
'-
'¡¡¡i",,-
~,,'\ I
~\\>~'"
.,,-,:-,.,¡...
"1.,
Phase I Parking
Structure
(1,528 spaccs)
Phase II Parking
Structure
(655 spaces)
Acce.~.~ al/d Circulatiol/:
The parking structure would have two main points of vehicular access, one orr of Iron Horse Parkway and
the other off of the ruture Altamirano Road. From Altamirano Road there would be an east and west point
of entry along the southern elevation of the parking structure. Direct access to surface parking would also
be off of Altamirano Road. When Phase II of the parking structure is constructed the east and west points
of entry ofT 0 r Altamirano Road would be relocated to the southern elevation of the Phase II structure.
The circulation pattern or the Phase J parking structure would be tied into the Phase II parking structure.
The surface parking southwest or the parking structure (adjacent to the traction station) would remain
unchanged (See Sheets 2 and 18, Exhibit A of Attachment 2).
Architecture:
The 7-level (Phase I) and 6-leve1 (Phase II) parking structures would he constructed of concrete with
splitface stone aeccnts and security screens on the ground t1oor. Façade panels would he placed at regular
Page 8 of 15
intervals along the exterior elevations to break up the massing of the garage. These panels would be
accented with a smooth finish, jntegral color stucco horder with decorative metal screens and green metal
louvers incorporated within. Together the splittàee stone accents, security screens, façade panels,
decorative metal screens and painted metal louvers aid in breaking up the massing of the garage and
creating added interest to the exterior elevations.
North Building Elevation (Sheets A & 12, Exhibit A of Attachment 2): The north elevation would
include the main vehicular entrance to the garage (off of Iron Horse Parkway) which is defined by an entry
canopy 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. Decorative metal screens arc proposed as an accent feature above the entry canopy. Also
above tbe entry canopy, on levels three and four, would be a series of façade panels. The façade panels
would be aeeentcd with a smooth finish, integral color stucco with painted metal louvers incorporated
within. Each façade panel would have a decorative cap to finish off the panel. Smooth finish, integral
color 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 clevation would have an exterior stairway and strong vertical façade panel as an
accent feature. Incorporating elements from the vehicular entry, tbis façade panel would include split face
accent stone on the ground level, painted metallouvcrs on the seeond level, and decorative metal screens
on levels three through six. The façade panel would be rramed with a smooth finish, integral color stucco
tying it in with the façade panels proposed above the main vehicular entry.
South Building Elevation (Sheets B. C & 14. Exhibit A of Attachment 2): The south elevation, racing 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 split face accent stone, painted metal louvers and decorative metal screens to accent them.
The upper levels of the garage, which would be most visible from 1-580 and the BART platform, would
be framed with a smooth finish, integral color stucco border with painted metal louvers incorporated
within. A decorative cap would complete the façade panel. Two vehicular entrances would be located
along the south elevation and are defined with splitface stone accents on the ground 1100r and façade
panels above. On the east end or the huilding is an exterior stairway and on the west end an elevator
tower.
Elevator Tower (Sheets A. B, 14 & 15, Exhibit A of Attachment 2): The elevator tower would stand 98'
tall and he located on the southwest corner of the Phase I parking garage. The tower would have a
splitfaee 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 finish, integral color stucco finish on either side of a tinted glass curtain wall. A
backlit BART logo would be located at the top of the tower. The north and south elevations of the tower
would include two vertical glass curtain walls between smooth finish, integral color stucco with an open
bree;,eway in the center of the tower. The colors, materials, and finishes would be consistent with the
làçade panels used throughout the exterior of the parking garage.
Prelimillary Lalldscape Plall:
The preliminary landscape plan was prepared by International Parking Design (IPD), 1nc 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
Page 9 of 15
of the Phase 1 parking structure until Phase IT 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; in the interim, the area would be landscaped with a variety of specimen plants (see Retail
below).
The Stage I Development Plan for the Dublin Transit Center established a preliminary landscape and
streetscape plan for the entire Dublin Transit Center project area. Minor modifications to the preliminary
landscape plan have bcen 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 becn
conditioned to replace the Aristocrat Pear along Iron Horse Parkway as the fOffi1er 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 adjacent to the BART garage and fronting hon 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. h1 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 be a temporary surface parking lot.
The Stage I 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 elustered 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
providing ground floor retail and service uses in a centralized, convenient, walkable area lor residents,
employees and BART patrons. Uses such as restaurants, coffee shops, dry eleaners and banks would
provide easy pedestrian access wi thoU! requiring an additional trip by car.
Environmelltal Review:
Pursuant to the California Environmental Quality Act, Staff has reeommended that the Project be found
exempt from additional CEQA review. The Project is within the scope of the Final Environmental In1pact
Report for the Dublin Transit Ccnter 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 ofa Supplemental EIR.
Plallllillg Commission Meeting of September 27, 2005:
At the September 27, 2005 Planning Commission meeting Staff presented the Project with a
recommendation that the Planning Commission recommend approval of the Project to the City Counci1.
During the Public Hearing the Planning Commission expressed seven (7) primary concerns regarding the
Project and continued the Puhlie Hearing to the October II, 2005 Planning Commission agenda
(Attachment 5). Those seven concerns are summarized as follows:
Page 10 of 15
I. Public Safety alld Security. The Planning Commission asked ror additional documentation that
BART Facility Standards for security/emergency phones and elosed circuit surveillance were equal
to or more stringent than the City's requirements.
2. C01lStruction Traffic, Due to all the current and anticipated construction activity at the Dublin
Transit Center, the Planning Commission expressed concern over the safety or the public
accessing the BART Station while the parking garage is under constmction.
3. Displacemellt of Parking. The PI arming Commission expressed concern over the availability or
parking for BART patrons while the BART garage is under construction.
4. Exterior Color Schemes, The Planning Commission expressed concern over the maintenance of a
painted parking stmeture and the color scheme chosen.
5. Communicatiolls Tower. The Planning Commission expressed concern over the apparent
permanency of the existing communicati()ns tower which BART claimed in 1995 would be
temporary for a period of 5 years.
6. Covered Walkway. The Planning Commission asked whether a covered walkway could extend
from the elevator tower towards the BART plaza giving patrons a covered walkway which would
protect them from inclement weather.
7. Dublin ldentificatiolllNeoll Shamrock Sign. The Planning Commission made a recommendation
that the upper level 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 neon shamrock was proposed.
The September 27,2005 Planning Commission Agenda Statement has not been included as an attachment
to this report as all the information provided to the Planning Commission is ineluded in this Agenda
Statement. The meeting minutes are attached as Attachment 5.
PIa/wing Commissioll Meeting of October 11,1005:
At the October 11, 2005 Planning Commission meeting, Staff presented a response to each of the
Planning Commissions seven (7) concerns as follows:
1. Public Safety and Seeuritv
The Planning Commission asked for additional documentation that BART Facility Standards were equal
to or more stringent than the City's requirements. The Project has been conditioned to provide security
telephones (COA #55, Attachment 2) and closed circuit surveillance (COA #56, Attachment 2) in
accordance with "BART Facility Standards" as these standards were thought to be equal to, or more
stringent than, the City of Dublin's Non-Residential Security Requirements. In response to the Planning
Commissions' request, International Parking Design (IPD), Tne in conjunction with BART submitted a
letter (Attaclunent 6) which describes the security telephones and elosed circuit surveillance system that
BART would be installing in the parking structure. Dublin Police Services reviewed this letter and
determined that the emergency phones and closed circuit surveillance system that was proposed mav not
meet the City's requirements. C(mditions of approval #55 and #56 were proposed to be revised to ensure
that these security measures would meet City requirements. The revised conditions read as follows:
Revised Condition of Approval #55: Security Telepholles. The project shall include
security and emergency telephones as required by the Ci~y of Dublin Securily Ordinance,
to the satisjàction of the Chief of Police.
Revised Condition of Approval #56: CMsed Circuit Surveillallce. The project shall be
designed to include closed circuit surveillance cameras with on-site, conlinuous video
recording and lhe capacity to slore data for a minimum of 7 days, 10 the satisfaction of
the Chief of Police.
Page 11 of 15
2. Construction Traffic
Due to all the current and anticipated construction activity at the Dublin Transit Center, the Planning
Commission expressed concern over the safety of the public accessing the BART Station while the BART
garage is under constnlCtion. Currently there arc two, high density residential projects under construction:
112 apartment units under construction by EAH, Inc and 257 condominium units under construction by
DR Horton. An additional 305 apartment units, to he constructed hy Avalon Bay is currently in Building
Plan Check and is expected to break ground in Spring of 2006. The BART parking structure is also
expected to start construction in Spring of 2006. In the interest of public safety, a condition of approval
(COA #2Ia, Attachment 2) was added to the Project and reads as follows:
New Condition of Approval #2Ia: Construction Traffic. During peak commute hours,
all construction tr4fic shall access the BART garage site ojf of Altamirano Road.
During offpeak commute hours, construction traffic, specifically heavy equipment and
concrete truch. shall he 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 BAR T Station.
3. Displacement orParking
The Planning Commission expressed concern over the availahility 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, Attachment 2) was added to the Project and reads as follows:
New Condition of Approval #23a: Parkillg during COllstructioll. At no time shall the
total numher of parking spaces availah/e to BART patrons go helow the existing 1,714 *'"
spaces. Parking displaced during construction must be replaced and be availah/e for use
by BART patrons prior to existing spaces hecoming unavailahle.
*"'This numher should read 1,741 spaces. Staff presented to the Planning Commission that there were
1,714 existing spaces based on the assertion by the Applicant that 27 parking spaces currently located on a
portion of Site A were not "required" parking spaces but were built in excess of their ohligation to BART;
the Applicant's obligation to BART is to provide 400 interim parking spaces on Site A. In spite of the
Applicant's obligation to BART, a total of 1,741 parking spaces currently exist for BART patrons. The
Planning Commission's concern, which Staff addressed with the aforementioned condition of approval,
was to ensure that the existing parking spaces remain available to BART patrons while the BART parking
structure is under construction. Because 1,741 spaces exist, the condition of approval has been revised to
reflect that numher.
4. Exterior Color Schemes
The Planning Commission expressed concern over the maintenance of a painted parking structure and the
color scheme chosen. 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 leve1. 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
Page 12 of 15
(façade panels) which are intended to break up the massing of the structure. In rcsponse to the Planning
Commissions eoneems, the Applicant agreed to not paint the parking structure white which would
eliminatc tbe maintenance issue. Additionally, the Applicant indicated that they prefer to keep the same
color scheme for the façade panels and elevator tower.
5. Communications Tower
At the northwest corner of the proposed BART garage site there is an existing, 120-foot communications
tower which is owned and operated by BART. The Planning Commission expressed concern over the
apparent permanency of this tower which BART originally claimed would be temporary ror a period of 5
years.
According to the City Council meeting minutes of January 9, 1995 (Attachment 7) the communications
tower was to be replaced by a fiber optic system which was anticipated to be complete within a 5 year
period. Once the fiber optic system was in place, the communications tower would be removed.
In recent discussions with representatives rrom BART, BART has stated that, in the interest of puhlie
safety, the communications tower is essential in maintaining lines of communication between BART train
operators and local law enforcement (Attachment 8). BART has evaluated the cost of relocating the
communications tower and incorporating it into the design of the parking structure but subsequently
determined that it is not financially feasible as it would cost approximately I million dollars.
6. Covered Walkway
The Plarming Commission asked whether a covered walkway could extend from the pedestrian entry/exit
to the parking structure towards the BART plaza giving patrons a covered walkway which would protect
them rrom inclement weather. The proposed BART parking structure 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 an entry canopy supported by stainless steel cables. The Applicant
indicated that a covered walkway was considered as part of the initial design of the garage but was
subsequently determined to not 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, Attachment 2) was added to the Project and reads as
follows:
New Condition of Approval #61: Walkway Canopy. Shouldjùnds become available, a
walkway canopy shall be constructed providing a covered path o.ftravel.from the elevator
tower at the BART parking structure to the BART plaza to protect BART patrons .from
inclement weather.
7. Dublin TdentifieationlNeon Shamrock Sign
The Planning Commission made a recommendation that the upper levels of the BART parking structure
incorporate signage which would identify the garage as being part of the City or Dublin. A "Welcome to
Dublin" sign or neon shamrock was proposed. The Applicant ejected not to revise the Project Plans in
response to this comment.
Other items discussed at the SeDtember 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"
or simply "Dublin" as the former docs not correspond to the name of the BART Station but the latter does.
The Applicant elected not to revise the Project Plans in response to this comment.
Page 13 of 15
The October II, 2005 Planning Commission Agenda Statemcnt has not been included as an attachment to
this report as all the infonmation provided to the Planning Commission is included in this Agenda
Statement.
Plallllillg Commiss'ioll Actioll 011 October 11, 2005 alld Recommelldatiolls for City Coullcil:
111e Planning Commission received Staffs report in response to their concerns and approved of the
revisions and additions to the Conditions of Approval, which are as follows: revised conditions #55,
Security Telephones and #56, Closed Circuit Survei1lanee; and new conditions #21 a, Construction Traffic,
#23a, Parking during Construction, and #61, Covered Walkway. By approving these changes to the
conditions of approval, the Commission was satisfied that 4 of their 7 concerns had been addressed. The
remaining 3 concerns, Exterior Color Schemes, Communications Tower, and Dublin IdentifieationlNeon
Shamrock Sign, including East Dublin garage signage, they arc recommending that the City Council
further review as follows:
Exterior Color Schemes
The Planning Commission recommends that the City Council consider whether a painted finish, tex coat
finish, or some other type or finish would be a more attractive alternative to natural concrete.
Communications Tower
The Planning Commission recommends to the City Council that a new condition of approval be added to
the project to address relocation or the existing communications tower to the parking structure's elevator
tower. Staff has drafted a condition of approval forthe Council's review which reads as follows:
New Condition of Approval #62: Commullicatiolls Tower. The existing ¡20-foot
communications tower shall be relocated to the BART parking structure elevator tower
and shall be architecturally screened with materials compatible with the parking
structure. to the satisfaction of the Community Development Director.
Should the City Council not agree with this condition of approval it would need to be noted in their
approval and removed from the Resolution approving the Site Development Review.
Dublin Identification/Neon Shamrock Sign and East Dublin Signage
The Planning Commission recommends that the City Council consider whether a "Welcome to Dublin" or
neon shamrock sign should be incorporated into the design of the parking structure to further identify it as
being part of the Dublin community. The Commission is also asking the Council to consider whether the
signage over the north vehicular entrance to the parking structure should read "East Dublin" or simply
"Dub linn.
The Planning Commission voted 3-0, with two Commissioners being absent, recommending City Council
adoption of a Stage 2 Planned Development Rezoning (Attachment 9).
Chapter 8.96 of the Dublin Zoning Ordinance allows the Planning Commission to transfer hearing
jurisdiction to the City Council at its discretion heeause of policy implications, unique or unusual
circumstances or the magnitude of the project. On October 11,2005, the Planning Commission adopted a
R.esolution transferring their decision making authority and recommending City Council approval of Site
Development Review with the aforementioned recommendations (Attachment 10).
Pagel40fl5
Noticillg:
In accordance with State law, a public notice was mailed to an property owners and occupants within
three hundred feet (300') of the proposed Project to advertise the Project and the public hearing scheduled
for October 18,2005. The public notice was also published in the Yaney Times and posted at several
locations throughout the City.
CONCLUSION:
This application has been reviewed by applicable City departments, agencies and the Plarming
Commission and their comments have been incorporated into the Project and the recommended conditions
of Project approval. The Planning Commission further recommends that the City Council consider the
exterior color schemes, communications tower and project signage prior to Project approval. The
proposed Project is consistent with the Dublin General Plan and Eastern Dublin Specific Plan, and the
Plarmed Development Zoning for the Dublin Transit Center and represents an appropriate project for the
site.
RECOMMENDATION:
Staff recommends that the City Council, I) Open the public hearing and hear Staff presentation, 2) Take
testimony from the Applicant and the puhlie; 3) Close Public Hearing and deliberate; 4) Provide Staff
with direction on the 3 items recommended by the Planning Commission; 5) Waive the reading and the
introduce Ordinance (Attaclnnent I) adopting a Stage 2 Planned Development Rezoning; and, 6) Adopt
Resolution (Attachment 2) approving a Site Development Review, with Project Plans attached as Exhibit
A.
Page 15 ofl5
I~ ?/1
ORDINANCE NO. - 05
AN ORDINANCE OF THE CITY COUNCIl"
OF THE CITY OF DUBLIN
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...,..,.,.....,.."
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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 COUNCIJ, OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. By Ordinance No. 21-02 the City Council rezoned the approximately 91-acre area known
as the Dublin Transit Center ("the Transit Center") to a Planned Development Zoning District and
adopted a Stage 1 Development Plan for the Transit Center.
B. This Ordinance adopts a Stage 2 Development Plan for a portion of the Transit Center,
designation for public/semi-public uses also known as the BART parking structure site.
Section 2,
FINDINGS AND DETERMINATIONS
Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City C(Juneil finds as follows:
I. The Project, known as the East Dublin BART Parking Structure, Stage 2 Devel(Jpment
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 thc 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 Stmeture under the Stage 2 Development
Plan will be hannonious and compatible with existing and ruture development in the
surrounding area in that the land uses and site plan establish a multi-level parking structure
with ancillary eonunereial uses in compliance with the Master Development Agreement
adopted by Ordinance 5~03 in May 2003. The land uses and site plan provide effective
transitions to surrounding development which is characterized by the proposed vehicular
and pedestrian circulation system.
Pursuant to Section 8.120.050.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 eompatihle with existing and potential development in the surrounding
area in that the land uses and site plan establish a multi-leve1 parking stmeture 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
10-('1>- 05 {,;,.<f
A TT ACHMENT 1
2otr~
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 developmCl1t or a
multi-level parking structure with ancillary commercial uses and therefore physically
suitable for the type and intensity ofthe 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 welJàre
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 0 r
the Stage I 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 2001'l20395) which
was certified by City Council Resolution No. 215-02 dated November 19, 2002. This
recommendation is based on a detenmination that there are no supplemental impacts that
would require preparation of a Supplemental ErR
Section 3, MaD of the ProDertv_
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. or APN 986-0001-013-02), Parcel A of Vesting Tentative Parcel Map 7892 and
2.30± acres (por_ or APN 986-0001-009), Parcel A of Parcel Map 7395 within a portion of the
Dublin Transit Center adjacent to the existing DublinlPleasanton BART Station.
2
?'1J "þ I
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. ofAPN 986-0001-009 and
Por. of APN 986-0001-013-02
Section 4, APPROVAL
The regulations for the use, developmcnt, inlprovement, and maintenance of the Property arc 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 accordancc with Section 8.32.080 and/or Section 8.120 of the
Duhlin Municipal Code or its successors.
Stage 2 Development PIa" for East Dublin BART Parki"g Structure
This is a Stage 2 Development Plan pursuant to Chapter 8.32 or 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 I,)r PA 03-062, East Dublin BART Parking Structure_ The Stage
2 Development Plan consists of the items and plans identified below, many of which arc contained in the
document entitled "East Duhlin BART Station Parking Structure ("Project Plans")", date stamped
received October 11, 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 ofthe Zoning Ordinance arc satisfied.
.1. Statement of Compatibility with Stage 1 Development PIa". The East Dublin BART Parking
Structure Stage 2 Development Plan is eompatihle 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 ror ßART 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 (P A 00-013) and are as follows:
3
t-tWfJ S I
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 (PA 00-013).
Conditional Uses: Conditional uses shall be as adopted by Ordinance 21-02, the Dublin Transit
Center Stage 1 Development Plan (PA 00-013).
TemDorarv Uses: Temporary uses shall be as adopted by Ordinance 21-02, the Dublin Transit
Center Stage I Planning Development Zoning Development Plan (PA 00-013).
Accessorv Uses: Accessory uses shall be as adopted by Ordinance 21-02, the Dublin Transit
Center Stage 1 Development Plan (PA 00-013).
3. Stage 2 Site Plan. See page 2 (Phase 1) and page 18 (Phase II) of the Project Plans date stamped
received October 11, 2005.
4, Site Area, Proposed Densities.
___"
_.".,.,- ..--......---....
.:'.:2.30 acres (net)
.:i:2.Q2_ ~res (net)
986-0001-009 por
986-0001-013-02 pOL
Lot Area:
-_......"..~
Building Size:
~~~,~----
...-
70,312 Square feet
38,642 Square fe~!_
Phase I
Phase II
.. '.. -,...,---~~,~~
."" ---.."..""'" ...-.'''..--.
Maximum Non-Residential
Square Foota2e: 7,500 Square feet
986-0001-009 por.
-----~.~,._.'"'.,
5. Development Re2ulations,
-
Lot Dimensions:
Lot Width:
._.om.......
Lot Depth:
±398 feet, north PL
+595 feet, south I' ~______'''''_.. __
.:'.:220 feet, west edge
+ 395 feet, east PL
---.
Setbacks:
-...
~.~'~~
none required
,~'~
Hei2ht Limits:
Parking Structure
Phase 1:
--"'... ."._-,~------~
Parking Structure
Phase II:
7 levels
69 feet
6 levels
58 feet
98 feet
Elevator Tower
-.-
U'~"''',_~·~.~~,.,,,~,,'',,,'· "._"."
4
80b '61
Reuuired Parkin":
Phase I:
Parking Structure
Surface Parking
,. ..------..---.---
1,528 Spaces
178 Spaces
Phase IT:
Parking Stnlehlre
Surface Parking
655 Spaces
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 October 11, 2005.
7, Preliminary Landscaping Plans. See page 5 of the Project Plans date stamped received October
11,2005_
8, Applieahle Reqnirements of Dublin Zoning Ordinance. Except as specifically modified hy 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, Plam1ed Development Zoning District Development Plan.
Section S. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days lrom and alìcr 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)
puhlic places in the City or Duhlin 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 I" day of
Novemher 2005, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
5
lo.'1J 4; I
RRSOl,UTION NO. -05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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M "",".',.'M'"'"''''.'M'M"'U''''''"'"=~,~'M='"'","',.".".,M'..'",",.' M""""""""~".,,.,,'"'"'"' ,.,,,,,,,,,,.,,,,,,,^,^,,,,,,
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/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 ofretail on approximately
±4.99 acres of land, located on a portion of land within the Duhlin 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 111 conjunction with the requested
entitlement dated October 11, 2005; and
WHEREAS, the CaliJomia 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
WHERRAS, 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 Plalmed Development Zoning, Tentative Parcel Map, and
Development Agreement (SCH 2001120395) which was eerti tied hy City Council Resolution No. 215-02
dated November 19, 2002. This recommendation is based on a detenmination that there are no
supplemental impacts that would require preparation of a Supplemental EIR; and
WHEREAS, the decision making authority ror Site Development Review applications typically
lies with the Plarming Commission; and
WHEREAS, the City of Dublin Zoning Ordinance, Scction 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 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
ATTACHMENT 2
1rtJ'B I
WHEREAS, a public hearing was scheduled before the Plmming 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 StafrReport was submitted to the Planning Commission describing the Project and
Olltlining the issues surrounding the request; and
WHEREAS, the Plarming Commission did hold a Pllblie 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 puhlie 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 hy 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 11,2005 referring their
decision making authority and recommending City Council. approval of P A 03·062, East Dublin BART
Parking Structllre Site Development Review, related amendments, and time extensions of penmits to the
City Council; and
WHEREAS, a Pllblie hearing was scheduled belore 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 olltlining
the issues surrollnding the request ineluding 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 Plmmed 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 rorth.
NOW, THEREFORE, BE IT RESOL VED THAT THE City Council of the City of Dublin
does hereby make the following findings and detenminations regarding the proposed Site Development
Revicw:
2
€~ '25 [
A. The proposed Project, as conditioned is consistent with the purpose and intent of Chapter 8.1 04
Site Development Review of the Zoning Ordinance in that it will contribute to orderly, attractive
and hannonious site and structural development within the Dublin Transit Center projcct area;
complies with the Stage I 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 perfonnance standards adopted for the 2:4.99 acres; and will
promote the general welfare by providing structured parking opportunities for BART patrons and
ground floor retail for variolls users ofthe Dublin Transit Center.
B. The proposed Project, as conditioned, will he eompatihle 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 I 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 reqllirements 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 enviromnental impacts associated with the project and the project
has been conditioned to comply with an mitigation measures adopted as part of the Dublin Transit
Center EIR.
D. The proposed Project will not he injurious to property or improvements in the neighborhood as the
project is conditioned to comply with all Alameda County Fire Department reqllirements and will
be constructed and inspected to State of Cali fomi a and BART standards.
E. The site development (or the proposed Projcct has been designed to provide a desirable
environment for the Project and surrounding areas with regard to its site IaYOllt, structures,
vehicular access, circlllation and parking, setbacks, height, walls, public safety, and similar
elements.
F. The subject site is physieally suitable lor 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 huilding height. However, the proposed
Project is consistent with the Stage I Development Plan which allows for a multi-level parking
structure to serve BART patrons to further the City's goals oJ' greater public transportation use and
less dependency on the automobile.
II. 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 bllildings, building materials and colors, screening
of exteri.or 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 or ruture adjaeCl1t uses.
3
t1~ 'jl
.T. Landscape considerations, ineluding the location, type, size, color, texture and coverage of plant
materials, provisions and similar elements have been considered to ensure visual relief and an
attractive environment for the public.
BE IT FURTHER RESOLVED that the City Council does hereby approve said application, PA
03-062, East Dublin BART Parking Structure Site Development Review to construct a 6-7 level parking
structure and the future development or 7,500 square feet or retail located southeast of Iron Horse
Parkway adjacent to 1-580 and the existing DublinlPlcasanton BART Station, as generally depicted in the
written statement and project plans prepared by International Parking Design (IPD), Inc. dated October II,
2005, labeled Exhibit A and attached hereto, stamped approved, and on me with the Planning Division,
subject to the rollowing 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 Jallowing 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 VTA], Livennore Amador Valley Transit Authority, [CBS],
California Department of Health Services.
RESPON. WHEN
NO. CONDITION TEXT REQ'D SOURCE
AGENCY Prior to:
PLANNING DIVISION
1. Approval. This Site Development Review approval for the PL On-going Planning
DublinlPleasanton Bay Area Rapid Transit (BART) System
Parking Structure establishcs the detailed design concepts
and regulations for the project. Development pursuant to
I this Site Development Review shall generally conform to the
Project Plans and color and materials board, stamped
received by the Dublin Planning Division on October 11,
2005, submitted by Intemational 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 "Projcet
Plans"), unless modified by the Conditions of Approval
contained herein. No other modifications shall be made to
the Project Plans without subscqucnt rcvicw and approval.
This approval shall not become effective until the City and
County have CJ1tcred 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 .~w~~_.· '._n.'._._~_".~"..'_
4
[{)tql
..-
RESPON. WHEN
NO. CONDITION TEXT AGENCY REQ'D SOURCE
Prior to:
approval shall be null and void. Jf an additional cxtension is
desired, the County can makc the requcst to be considercd hy
the decision making body that ultimately approved this Site
D.evelopment Review.
3. Revocation, This approval shall be rcvocable 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 thc terms and
conditions of this approval may bc subject to the issuance of
a citation. --,-
4. Modifications. Modifications or changes to this Sitc Pi. On-going DMC
Development Review approval may bc considcred by the 8.104.100
Community Dcvelopmcl'\t Dircctor if the modifications or &
changc, proposed comply with Section 8.104.100 of the 8.104.090
Dublin Municipal Code (Site Dcvelopment Review Waiver).
All othcr modifications shall be considered in accordance
with Scction 8.104.090 the Dublin Municipal Code
(Amendment).
5. Reqnired Permits. Thc Applicant/Developer shall obtain Various Start of Various
all neccssary pennits rcquired by other agencies and shall Construction
submit copies of the pennits to the Dircetor of Public Works.
6, Fees, The Applicant/Developer 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 Mltigatiun Measures. The project PL On-going Planning
is required to comply with all mitigations measures a,
detailed in the Final Environmental Impact Report (EIR) for
the Dublin Transit Center (date~ September 2002):
8. Compliance with the Eastern Dnblin Specific Plan PI. an·going Planning
General Plan Anlendment EIR. As required by the Site
Development Review findings, the BART Parking Structure
project shall be in compliancc with the General Plan and
Eastern Dublin Specific Plan, and thercfore must also bc in
compliance with the Eastern Duhlin 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 busine,scs and residences. and on-going
11. Equipment Screening, All elcetrical and/or mechanical Pi. Through Planning
equipment shall be screencd from public view. Any roof- Completion/
mounted equipment shall be completely screened trom view On-going
by mat~,.ials architecturally compatible with the building and
to the ,atisfactiol'\ of the Community Deve10pmenl Director.
..
5
Il~1;1
-" - .,--
RESPON. WHEN
NO. CONDITION TEXT AGENCY REQ'D SOURCE
Prior to:
LANDSCAPING - GENERAL
...
12, Final Landscape and Irrigation Plans. The Fina! PL Establishment Planning
Landscape and Irrigation Plan shall be generally consistent of use/opening
with the Dublin Transit Center Stage 1 Planned Deve10pment to the public
Rezoning and with the preliminary landscape plan prepared
by International Parking Design, Inc., dated received
October 11, 2005, except as modified by the Conditions of
e... Approval contained herein. - ."
13, Landscaping at Strcct and Drive Aisle Intersections. PI., 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 l'unness giving patrol officers and the
general public surveillance capabilities of the area.
. ~ .
14. Landscape and utilities. The ApplicanllDevelop~'t' shall PL Establishm~'11t Planning
coordinate the location of utilities with proposed of use/opening
landscaping. The location of utilities shan be studied to the public
carefully to minimize their visual impact and to provide
adequate pla!'ting space for trees amI for s~reening s~rubs.
15, Landscape Screening of Walls (if any) and Trash I'L Establishment Planning
Enclosures. The Applicant/Developer shall screen all wans, of use/opening
fencing and the sides of walls surrounding trash enelosures to the public
with shrubs and/or vines.
~. ."
16. Lighting. The Applicant/Developer shall coordinate the PL Establishment Planning
location of trees and light tìxtures to avoid any contliets. of use/opening
Lighting used after daylight hours shall be adequate to to the public
1----.. I movide for security need~.
17. Plant standards. An trees installed shall be 24~\ box PL Establislunent Planning
minimum; al1 shrubs shall be 5-gallon minimum. Ground of use/opening
cover plants mav be I ~allon. to the public
18. Installation of Landscaping/Parking Lot Improvements. PL Establishment Planning
AJl landscaping and parking lot improvements shan bc of use/opening
_. installed prior to occupancy ofthe structure. to the public
LANDSCAPING - PROJECT SPECIFIC
19. The parking structure shall have a continuous minimum 10 PL Establishment Planning
toot perimeter landscaping with vertical elements (such as a of use/opening
tree or a tall shrub) at least every 20 feet.". . to the public
20, The following shal1 be addressed in the Final Landscape PL Establishment Planning
Plans: of use/opening
a. Provide 1'. Pyrus 'Chanticleer' or approved equal in to [he 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 contlicts with the proposed
trees.
c. Replace Gleditsia (Honey Locust) with Celtis
L_... sinensis (Chine~e Hackberry, Yunnan Hackberrv).
6
It.DQ ~
..._----".. ...- , ,.",,-"-,,~._-~ .,."."..,.,-". . ._-"-"...,-"._,,,.".,~" .. ..,. ~"'_.
RESPON. WHEN
NO. CONDITION TEXT AGENCY REQ'D SOURCE
Prior to:
·'·".,"n",·,'·'", .---.......---....---
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 Chantieleer, Capital or
Redspire varieties_
e. Deleted.
f. Provide an approved bamboo root barrier for the
Phylostaehys vivax (Timber Bamboo) or select a less
aggressl ve clumping bamboo such as Bambusa
olùhamii (Olùham Bamboo, Clumping Giant Timber
Bamboo).
g. Use a non-reseeding bunch grass such as Miscanthus
transmoriensis ( Evergreen Miseantbus) or
Huhlenbergja ngens In place of the Nassela
tenuissima (Mexican Feather ('rass).
b. All areas identitìed in green but not labeled with
spee;tõe landscape material sball be landscaped with
low maintenance, drought tolerant plant material.
1. Deviations from the approved preliminary landscape
plan (j_e. landscaping of tbe future retail area and/or
cbanges in plant material) shall be subject to prior
review and approval by the Community Development
Director.
r-.....····· --.....-....-----
l>UßLlC WORKS
21. The access via Amold Drive and Altamirano Road shall be PW Establishment Public
completed prior to opening the BART Parking Structure to of use/opening WOl'ks
the satisfaction of the City EnEineer. .".'-"-'.. ....._-" ... "0_" """ "..-"',,·'M .. to the £ublic ...
_.~-"-,_.,.,,.'. ...-- . - -~- ...--....,
21a. Construction Trame. During peak commute hours, all PW During Public
construction traffic shall access thc BART gamgc sitc off of Construction Works
Altamimno Roaù. During off-peak commutc hours
construction traffic, specifically heavy equipment and
concrete trucks, shall be encouraged to access the site
primarily off of Altamirano Road. Construction traffic otI of
Iron Horsc Parkway shall be limited to reduce contlicts with
BART patrons acccssin ¡ the BART station_
22. The modifications tn 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 Çi!Yßngineer. _._"'._'--'-,-~,.-
23. Tcmporary parking lots shall be provided for any parking PW Start of Public
displaced during construction. If such parking lots are Construction Works
located on BAR'r property they shall bc constructed to
BART standards; if such parking lots are located on property
not owned by BART they shall be constructed to the
-....-- satisfaction of thc City EnRincer.
23a. l'arking during Construction, At no time shall the total PW Start of Public
number of parking spaccs available to BART patrons go Construction Works
below thc cxisting 1,741 spaccs. Parking displaccd during
construction must bc rcplaced and be available for usc bv
7
\3ii/)'î I
._.,-~..".-
RESPON, WHEN
NO. CONDITION TEXT AGENCY REQ'D SOURCE
Prior to:
~._~~"w~'_,
BART patrons prior to existing spaces becoming
unavailable.
,,_..
24. Directional signs to "BART Parking" shall be installed on PW Establisbment Public
Dublin Boulevard and lIacienda Drive at locations approved of use/opening Works
by the City Engineer. to the Dublie
m~_~
25. If not eomp1eted with the Parcel Map 7892 Improvements, PW Establishment Public
tbe medians, signing and restriping of DcMarcus Boulevard of use/opening Works
and Iron Ilorse Parkway between Dublin Boulevard and to the public
CampbeH Green sbaH be completed within six (6) months of
the c?mpl!!!£!!2f!he Phase I BART Parking Garage.
BUILDING DIVISION ~....,,,.~,.,,..",,,....,,,,".,~,,,. ,
26. Fire Protection. The parking structure sball be provided B Establisl1ment Building
with a fire sprinkler system per section 7.32.140 of the 0[ use/opening
Dublin Municipal Code. to the Dublic -.-
-.. .~,~
27. Accessible Parking Stalls, The project shaH comply with B Establishment Building
the following criteria: 1) 111 accordance with tbe ADA of use/opening
parking requircments, per the California Building Code, 2% to the public
of the first 1,000 spaces and 1 % of the spaces beyond the
first 1,000 will be accessible; and 2) in accordance witb
BART requirements one (I) out of every six (6) accessible
SDaees will be van accessible. ..
FIRE
---,,.'.~.~..
28. The property line through the building shall be eliminated. F Start of Fire
constnlction
_.__... ,~~',"'m"_"',_ "_,n
29, The openings and wall ratings of lhc ncw and existing F Start of Fire
building shaH comply with the California Building Code construction
based on an assumed property line bctween the new building
_.~-,~. and adi acent structures.
30. The building allowab1e area calculations shall comply with F Start of Fire
CRC ehaDter 5 for each nhase:__ construction
31. A detailed phasing plan shall be submitted and approved. F Start of Fire
Emergency vehicle access, fire protection and cxiting shall construction
be maintained for each Dhase of thc Droieet.
_,___.,~,e'_"'''~'''~
32. Provide firc hydrants, water mains and backflow preventors F Vertical Fire
as required by the CFC for the site. construction or
combustible
storace on site
"..~.'--
33, Provide standpipes in accordance with NFPA 14. Temporary F During Fire
standpipes are required in accordance with the CBC wh~'t1 construction
the height ofthe buildinc reaches 35 feet. ,.,~,..~."..,.".,.,~
34, Provide exit signs and emergency lighting in the gamgc as F Occupancy Fire
required by the CBC or by BART, whichevcr IS n10rc
stringent.
35, Automatic sprinklers shall be provided throughout the building F Occupancy Fire
as required bv the Alameda C?Unty Fire Code.
36. Show the sprinkler system is monitored by a UL listed F Occupancy Fire
centra1 station or III compliance with BART criteria,
whichever Is more stringent, to the satisfaction of the
..."".'-"..~-~.~
8
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--. --,,-
RESPON. WHEN
NO. CONDITION TEXT AGENCY REQ'D SOURCE
Prior to:
.. " ..~~.
Alameda County Fire Marshall.
37. Emergency vehicle all-weather (paved) access roads (first lift r Vertical Fire
of asphalt) and the public water supply including hydrants construction or
shall be in place, to the satisfaction of the rire 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
inches. Roadways under 36 feet wide shall be posted with
signs or shall have red curbs painted with labels on one side;
roadways under 28 feet wide shall be posted with signs or
shall have red curbs paintcd with labcls On both sides of the
street as follows: "NO STOPPING FIRE LANE - CVC
22500.1 "
".L'~·
38. Approved numbers or addresses shall be placed On all new F Occupancy Fire
and existing buildings. The address shall be positioncd as to
be plainly visible and legiblc from thc strec! or road fronting
the property. Said numbcrs shall contrast with their
background. ~ -.........--------
-- ,.",.- ...,.'~.","
39, Provide 2A IOBC tire extinguishers within 75 ft travel distance 1< Occupancy Firc
of portions of the buildings. ¡\¡¡ approved sign in accordancc
with Unifonn 1<ire Code shall be conspicuously posted abovc
the extinguisher.
40, Provide Knox key boxes at the main cnlranec to thc buildings F Occupancy Fire
at the exterior doors to stair that cxl<:nd to thc 4th floor and at
any gates. The Knox box shall contain a key that provides
access to the building or gate. Gates or barriers shall meet the
requir~'tttents ofthe AcrD a':'4_13~R,:r}L~~.i.lJ.t¡:;~tandards.
41. The project shall comply with Fire Code as adopted by F On-going rire
.'~~-- Alameda County. ----......--,.-.-
DUBLIN I>OLICE --~,~.".~~
42. Addressing, Addressing and building numbers shall be PO Establishment Poliec
visible from all the approaches to the buildings. of use/opening
to the public
and on-coinc
"..~
43. Posting of Entrances, All entrances to the parking structure PO Establishment Police
shall 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'sImanager's request. Signs shall be and on-going
approved by B¡\gL..
44. Stairwells, Outside stairwells shall be open and not PO Establishment Police
obstructed from view. of use/opening
to the public
and on-coinc
_·,.".',W""'__
45. Deleted.
~.~~,."~".,,,.,,"""
46. Areas Beneath Stairways. Areas beneath stairways at or PO Establishment Police
below ground levcl shall be fully enclosed or access to them of use/opening
restricted. to the Dublic
,.--~-~,.~,,,,,.,,. .-
9
16otJ'6(
,'_." ...
RESPON. WHEN
NO. CONDITION TEXT REQ'D SOURCE
AGENCY Prior to:
._..~ -.,-...,"-,-"..,- and o~-going
47. Deleted.
Lighting fixtures shall be of a ...
48. Vandal Resistant LIghting. PO Establishment Police
vandal resistant type. of use/opening
to the public
-,~,,-,--,.- .--,'. and on-Iwin<r
".","
49. Lighting Plan, A commercial lighting plan shall be 1'0 Establishment Police
prepared with point by point photometric measurements for of use/opening
the parking structure, connecting path, and outdoor parking to the public
area and shall demonstrate that the interior portion of thc
parking structurc will he illuminated with a unifonnly
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 adjaccnl to the
park!~s s!J11cture. ---_.,~ . -.-
50, Deleted.
--".-. -,
51. Graftiti. The Applicant/Developer shall keep the sile clear PO On-going Police
of graffiti vandalism on a continuolls basis at all times.
Graffiti resistant materials should be used.
-. ~_...".~.
52. Theft Prevention and Security. Thc Applicant/Developer PO On.going Police
shall work with the Dublin Police/BART Police On an on-
going basis to estahlish an effective then prevention and
sceurit v prOlITam.
..~".,~ .-..., .---
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 patrol. .hall be
employed as nece"ary. ..--.,,-.--
54. Radio Transmission, The structure shall be designed to PO Establishment Police
insure radio transmit and receive capabilities for poliee-fire- of use/opening
ambulance. to the publ ic
~...,-,,'- -.. and on-going
..._r
55. Security Telephones. The project shall include security and PO EstabJishment PoJice
emergency telephones as required by the City of Dublin of use/opening
Security Ordinance, to the satisfaction of the Chief of Police. . to the public
and on-í!oin<r
..~.'~.,-
56. Closed Circuit Surveillance, The project shall be designed PO Establishment Police
to include closed circuit surveillance cameras with on-site, of use/opening
continuous video recording and the capacity to store data for to the public
a minimum of 7 days, to the satisfaction of the Chief of and on-going
Police.
--.
57. Speed Limit Sign age. Speed limit signs shall bc posted PO Establishment Police
restricting 5mph speed limit per BART Facility Standards. of use/opening
to the public
I>UBLIN SAN RAMON SERVICES DISTRICT lDSRSm and on.goin!L_. ..~n
",,'. _m._,_
58, Standard Conditions. Applicant/Developer shall comply DSR Through DSRSD
with all ~pplicable Standard Conditions as fCquired by Construction
10
UP ~ C¿; I
Dublin
59, The pr
Use Zo
water
recycle
Recycl
Water
specifi
with Or
reqUIre
irrigati
mcomp
Guidel
ree c Ie
60, Off site
facilitie
rcspons
constru
eonfoffi)
OTHER
61. Walkw
walkwa
path of
the BAR
weathc
62. Comm
commu
parking
screene
struetur
Directo
"
RESPON, WHEN
ITION TEXT AGENCY REQ'D SOURCE
Prior to:
San Ramon Services District.
- . " -,,--
oject is located within the District Recycled Water DSR Prior to DSRSD
ne (Ord. 301), which calls for installation of recycled Completion
irrigation systems to allow for the future use of
d water for approved landscape irrigation demands.
cd water will be available, as described in the DSRSD
Mas/er Plan Update. September 2000. Unless
calJy exempted by the District Engineer, compliance
d_ 280, as may be amended or superseded, is
d. Applicant/Developer must submit landscape
on plans to DSRSD. All irrigation facilities shall be
liance with District's "Recycled Water Usc
incs" and Dcpt. of Health Services requirements for
d water irrigation design.
- -
easements for connection to District water and sewer DSR Prior to DSRSD
s may be required. The Applicant/Developer shall be Completion
ible for acquiring all necessary off site casements and
ction necessary off site water and sewer mains in
anee with all District requirements.
flY Canopy. Should funds become available, a PL On-going Planning
y canopy shall be constructed providing a covered
travel frum the elevator tower at the BART garage to
T plaza to protect BART patrons from inclement
r.
unications Tower. The existing 12O-foot PI. Establishment Planning
nications tower shall bc relocated to the BART of use/opening
structure elevator towcr and 'shall be architecturally to the puhlie
d with materials compatible with the parking
e, to Ùle satisfaction of the Community Development
r.
"
NO. COND
PASSED, APPROVED AND ADOPTED this 18th day of October 2005,
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
II
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FLE COpy 5~UfJ~1
AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE ALAMEDA COUNTY
SURPLUS PROPERTY AUTHORITY REGARDING THE ENFORCEMENT OF
CONDITIONS OF APPROVAL FOR THE EAST DUBLIN BART GARAGE
This agreement ("the Agreement") is entered into this 16th day of August, 2005
" ) by and between the City of Dublin, a municipal corporation ("City"), and the Surplus
Property Authority ("SPA") of Alameda County, a public corporation. The City and the
SPA are referred to collectively as "the Parties."
RECITALS
1. The Parties are parties to that certain agreement entitled "Agreement
Between County of Alameda, Surplus Property Authority and City of Dublin Regarding
Transfer of Property Tax Revenues Upon Annexation, Provision of Services and Other
Matters," dated May 4, 1993 ('Annexation Agreement"). '
2. Section 9(b) of the Annexation Agreement provides that "[a]ny
governmental uses proposed [for the Camp Parks Property] shall be processed in
accordance with City's rules, regulations, resolutions, ordinances or other enactments
relating to land use, including but not limited to City's general plan, any applicable
specific plan, Municipal Code, Zoning Ordinance, Building Code, Electrical Code,
Mechanical Code and Housing Code; Section 9(b) further provides that the SPA "will
assure that governmental uses of the [Camp Parks Property] by any governmental
entity other than County are subject to, City's land use rules, regulations, resolutions
ordinances or other enactments by the Inclusion of a condition to that effect in any deed
to or lease of, such property or other similar mechanism."
3. Section 10 of the Annexation Agreement specifies that Section 9 of the
Annexation Agreement shall apply to any interest In the Camp Parks Property (as
defined) acquired by the SPA where the use is governmental.
4. Subsequent to the Annexation Agreement, the SPA acquired a 90;!: acre
portion of the Camp Parks Property now known as the Dublin Transit Center, a portion
of which was then transferred to the Bay Area Rapid Transit District ("BART") by the
SPA for use as the East Dublin/Pleasanton BART station, a governmental use. No
condition or similar mechanism requiring BART to compiy with City's land use
regulations was included in the documents transferring such property from the SPA to
BART.
5. In 2002, the City approved a General Plan Amendment, a.Specific Plan
Amendment, and Stage 1 PD zoning for the Dublin' Transit Center project as a mlxed-
use transit.oriented development, including a new East Dublin BART Garage ("Garage")
to replace existing BART surface parking lots.
6. The SPA has applied for, and the City is presently reviewing, a Stage II
PO Zoning and Site Development Review ("SDR") for the Garage, which will be
772$oe.3
-1-
August 16, 2005
ATTACHMENT i.f
5'-A1JO ð' ¡
considered and acted upon by the City's Planning Commission. If approved, the
Planning Commission approvals will contain certain conditions of approval
("Conditions").
7. The City has determined to partially waive the provisions of Section 9 of
the Annexation Agreement as to the Garage; the provisions that the City has
determined to waive as to the Garage are: (a) the requirement of the Eastern DUblin
Specific Plan that the developer of the Garage enter into a development agreement;
and (b) the requirement that the Garage is subject to the City's uniform codes applicable
to construction of buildings, including but not limited to City's Building Code requirement
for issuance of a building permit and certificate of occupancy.
8. There shall be no inference that, by agreeing to waive the preceding
provisions, the City has waived any other provisions of the Annexation Agreement, it
being specifically agreed by the Parties that the City does not waive any other provision
of the Annexation Agreement by entering into this Agreement.
9. The SPA and BART have agreed that the SPA will construct the Garage
and that BART will inspect the construction to insure that it Is constructed to BART's
standards.
10. Following construction, the SPA will convey the Garage, together with the
property that the SPA owns on which the Garage will be constructed, to BART.
11. To ensure that the City has adequate remedies to enforce the Conditions,
given the City's waiver of its rights under the Annexation Agreement, including its right
to require compliance with all its land use and building regulations, the Parties enter into
this agreement.
NOW, THEREFORE, with reference to the foregoing recitals and in consideration
of the mutual promises, obligations and covenants herein contained, the City and the
SPA agree as follows:
AGREEMENT
Section 1. Garace not subiect to City's Uniform Codes. The City's Building
Code, Electrical Code, Plumbing code and Mechanical Code shall not be applicable to
the construction of the Garage. Notwithstanding the foregoing, the requirements of the
Alameda County's Uniform Fire Code will be applicable to the Garage, as applied and
interpreted by the Alameda County Fire Department including but not limited to the
installation of a fire protection system that includes a monitored automatic fire sprinkler
system to be installed as per NFPA 13, as a well as a Class I standpipe system.
Section 2. Garace not subiect to Proiect Develocment Aareement. The,
provisions of Section 11.3.1 of the Eastern Dublin Specific Plan, requiring a
development agreement, shall not be applicable to the Garage.
772609.>
-2-
August 16, 2005
63"6 Z\
Section 3. Garace Subiect to Conditions. The SPA agrees to be subject to the
Conditions, provided that SPA in its discretion determines that such conditions are.
reasonable. The Conditions shall be conclusively presumed to be reasonable if, prior to
the City's approval of the SDR, SPA fails to object to the Conditions. Upon the City's
approval of SDR the Conditions shall be automatically incorporated into this Agreement
and shall be appended hereto as Exhibit A. If SPA objects to the Conditions prior to the
City's approval of the SDR, and the City nonetheless approves the SDR, this
Agreement shall be null and void.
Section 4. Conditions Mav Be Enforced bv Specific Performance. The Parties
agree that, should the SPA refuse to comply with the Conditions, the City would not
have adequate remedies at law. The Parties therefore agree that, should the City bring
a lawsuit to enforce the Conditions, the City may, beyond any of the other remedies
available to it at law or equity, seek an order of specific performance.
Section 5. Timina of Convevance of Garace and SPA Procertv to BART for
Garaae. SPA agrees not to convey the Garage or the property it owns on which the
Garage will be constructed to BART until all the Conditions have been satisfied. City
will inform the SPA in writing when City considers all Conditions to be satisfied.
Section 6. Miscellaneous.
a. Incorporation of Recitals and Introductory Paragraph. The Recitals
contained in this Agreement, and the introductory paragraph preceding the Recitals, are
hereby incorporated into this Agreement as if fully set forth herein.
, b. Severability. If any term or provision of this Agreement, or the application
of any term or provision of this Agreement to a particular situation, is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remaining terms and
provisions of this Agreement, or the application of this Agreement to other situations,
shall continue in full force and effect unless amended or modified by mutual conaent of
the Parties. Notwithstanding the foregoing, if any material provision of this Agreement,
or the application of such provision to a particular situation, is held to be invalid, void, or
unenforceable, either the City or the SPA may (in their sole and absolute discretion)
terminate this Agreement by providing written notice of such termination to the other
party.
c. Construction. This Agreement has been reviewed and revised by legal
counsel for both City and the SPA, and no presumption or rule that ambiguities shall be
construed against the drafting party shall apply to the interpretation or enforcement of
this Agreement.
d. California Law. This Agreement shall be construed and enforced in
accordance with the laws of the State of California.
e. Attorneys' Fees. In any iegal action or other proceeding brought by either
party to enforce or interpret a provision of this Agreement, including an action brought
by the City to enforce the Conditions, the prevailing party Is entitled to reasonable
772ß09.3
-3-
August 16, 2005
5~4b1S
attorneys' fees and any other costs incurred in that proceeding in addition to any other
relief to which it is entitled.
f. Notices. All notices required or provided for under this Agreement shall be
in writing. Such notices shall be given to the Parties at their addresses set forth below:
If to the City, to:
Richard C. Ambrose
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94569
Telephone: (925) 833-6650
Facsimile: (925) 833-6651
If to the SPA, to:
James Sorensen, Manager
Alameda County Surplus Property Authority
224 West Winton Ave #110
Hayward, CA 94544
Telephone: (510) 670-5333
Facsimile: (510) 670-6374
A party may change its address by giving notice in writing to the other party and
thereafter all notices shall be addressed and transmitted to the new address. Notices
shall be deemed given and received upon personal delivery, or if mailed, upon the
expiration of forty-eight (48) hours after being deposited in the United States Mail.
Notices may also be given by overnight courier which shall be deemed given the
following day or by facsimile transmission which shall be deemed given upon
verification of receipt.
g. Counterparts. This Agreement may be executed in multiple counterparts
and counterpart signature pages may be assembled to form a single original document.
h. Entire Agreement;Exhibits. This Agreement consists of 5 pages and one
exhibit, which constitute in full, the final and exclusive understanding and agreement of
. the Parties. This Agreement supersedes all negotiations or previous agreements of the
Parties with respect to all or any part of the subject matter of this Agreement, but does
not supersede or amend the Annexation Agreement. The exhibit to this Agreement
consists of the following: Exhibit A. Planning Commission Resolution No. _'
Conditions of Approval of Site Development Review for the East Dublin BART Garage
[To be appended upon City approva~.
i. Waivers. All waivers of the provisions of this Agreement shall be in writing
and signed by the appropriate authorities of the City and the SPA.
[EXECUTION PAGE FOLLOWS]
772609.3
-4-
August16,2005
s? ~ý)(
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
CITY OF DUBLIN
Æk1\N. ~~
ity lerk
Approved as to Form:
\~" ~21{ J,>
. < '/.t.f~'¿ ,,7L
City At! mey .
7r2609.~
ALAMEDA COUNTY SURPLUS
PROPERTY AUTHORITY
Q~~ -A-
Manager
Approved as to Form:
~Á/
County Counsel
-5-
August 16, 2005
"
¡; ~"'b ~ ,
EXHIBIT A
Conditions of Approval for BART Parking Garage
[to be appended upon approva~
Planning Commission Minutes
67qpl
CALL TO ORDERlROLL CALL
A regular meeting of the City of Dublin Plarming Commission was held on Tuesday, September 27, 2005,
in the Council Chambers located at 100 Civic Plaza. Chair Schaub called the meeting to order at 7:00pm.
Present: Chair Schaub, Commissioners Biddle, Fasulkey, Kmg, and Wehrenberg; Jeri Ram, Community
Development Director; Mamie Nuccio, Associate Plarmer; and Renuka Dhadwal, Recording Secretary.
ADDITIONS OR REVISIONS TO THE AGENDA· None
MINUTES OF PREVIOUS MEETINGS - None
ORAL COMMUNICATION - None
CONSENT CALENDAR - None
WRITTEN COMMUNICATIONS - None
PUBLIC HEARINGS
8.1 P A 03-062 Stage 2 Planned Development Rezoning and Site Development Review for the
East Dublin BART Parking Garage. Construction of a 7-level parking structure, an adjacent
6-level parking structure, and the future development of 7,500 square feet of retail on
approximately :1::4.10 acres of land within the Dublin Transit Center
Chair Schaub asked Ms. Jeri Ram to explain to the Commission the reaSon for deferring the decision
making authority to the City Council.
Ms. Jeri Ram, Community Development Director, explained that the proposed application has a Site
Development Review and Stage II Planned Development Rezoning. Staff is recommending that the
Planning Commission defer the decision making authority of the Site Development Review to the City
Council so that their comments and concerns may also be incorporated into the conditions of approval as
they have been involved in the project and the project's financing issues for a while. Additionally, it
would also avoid an appeal on the Planning Commission's decision in order to incorporate Council's
concerns.
Chair Schaub asked for the staff report.
Mamie Nuccio, Associate Planner, presented the specifics of the project as outlined in the staff report.
Chair Schaub asked Ms. Nuccio about the extra 300 units in the Transit Center area. Ms, Nuccio
explained that the Stage I Planned Development allocated 150 units for Site E-1 and 150 units for Site D-
1. However, the City Council recently approved the consolidation of the units for the two sites and
therefore Site E-1 will have 300 units. Site D-1 has been designated for Campus Office use.
Cm. Kmg referring to Condition #7 in the resolution related to "Compliance with EIR Mitigation
Measures" asked if mitigation measures were necessary in terms of endangered species for the site. Ms_
Nuccio responded that the Transit Center site was mitigated for the burrowing owl prior to the current
(P(dnninu C(Jmtlli.~sÙm.
'1I,fBU",' 'Meetiog
126
Sçptf.m6ur 2 ïJ 2005
ATTACHMENT 5
construction at the site. However, Staff does not think additional mitigation meaSUres are required ~~ Dt~ I
the BART Garage.
Cm. Wehrenberg asked if there is a building height restriction established for office buildings for the
City of Dublin. Ms. Nuccio responded that the Stage I Planned Development for the Transit Center
allows 10 stories for Campus Office buildings.
Hearing no further questions for Staff, Chair Schaub opened the public hearing and asked the Applicant
to make a presentation.
Pat Cashman, Alameda County Surplus Property Authority, Applicant for the project, stated that a
representative from BART, John Rennels, Oilip Nandwana and Raju Nandwana Architects for the
project, were also present to answer any questions. He stated that the County and BART have been
working on this project for the past several years and the County is under contract with BART to
develop the proposed garage. Due to financial reasons it was not feasible to construct this garage earlier.
However, with the current construction of residential units around the transit area, the County is able to
move forward in the process. He further added that this garage would be an added asset to the Transit
Center development.
John Rennels, BART Property Development, stated that he would answer any questions that the
Commission may have.
Cm. Fasulkey had concerns regarding the security issues. He stated that there is a eondition of approval
that the Applicant will comply with BART's standard security measures. He asked Ms. Nuccio if Staff
had a chance to review those standards to ensure they are adequate. Especially since this would be a
transport facility for the Jail. Ms. Nuccio responded that there were discussions to review BART
standards versus City standards and the representative from the Police Department reviewed them and
determined that it was equal to or sufficient to what the City requirement would be. The Police
Department is comfortable with the proposed security measures for the garage.
Dilip Nandwana from International Parking Design, stated that their company reviewed the City of
Dublin's Police Department's emergency phone requirements. He further added that BART
requirements are mOre than the City's in regard to security in the garage. Their standards requires 2
kinds of phone systems in addition to the Closed Circuit Television and in most scenarios BART facility
standards are a lot more stringent than most cities and hence to lessen the confusion their company has
proceeded to meet BART standards which are mOre stringent as well as adhere to the requirements of
the City.
Crn. Fasulkey asked if they were proposing to have cameras in the elevators. Mr. Nandwana stated that
there will be ccrv s in the elevators. A station will be monitoring these cameras for security breaches.
Cm. Pasulkey and Cm. Wehrenberg both wanted to ensure that BART was taking adequate measures to
ensure that the garage was a safe place for the patrons.
Cm. Fasulkey asked Mr. Rennels if BART was planning on removing the existing antenna from the
parking lot as BART originally stated that it would be a temporary 5-year antenna. Mr. Rennels
responded that the antenna in place is for BART's communications and cannot be removed.
Cm. Fasulkey wanted Staff to refer to the minutes of the previous meeting where he had requested the
City Council consider relocating the antenna to another location.
Œ'fanni1tg COTfI.1lli.'J'sÙm
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.\'cp/"",,6<" l? 2005
Cm. Biddle had concerns regarding the number of parking spaces provided and if it would be ade~a~.'b 81
He wanted to know what was the basis for sizing. Mr. Cashman stated that the existing 400 spaces for
parking was a temporary arrangement. These spaces will be replaced with the 500 proposed spaces
during Phase II. Additionally, there are 90 spaces available on site which brings the total number of
parking spaces to a little over 1800.
Cm. Biddle was concemed that the parking spaces provided may not be enough and that once these
spaces were filled then people may find other places to park on the ground. He wanted to know if there
were any proposed plans to stop them from doing that. Mr. Cashman responded that one of the ways to
deter people from parking on the streets is through enforcement. As development occurs in the area,
parking on streets will be limited through hourly parking and hence BART riders would not be able to
park on-street
em. Fasulkey pointed out that there are plans for a garage in the West Dublin area as well which should
be able to accommodate additional parking.
Cm. Biddle stated that if the garage on the east is built below the needed capacity then there is nO
guarantee that the facility on the west would have the required number of spaces to accommodate the
need. Mr. Cashman explained that building a garage with a greater number of parking spaces although
may increase BART ridership but will not be cost efficient. There is an economic constraint to the use of
BART. One of the methods of controlling parking is to charge a fee for parking in the facility.
Cm. Biddle asked if BART would be charging a fee for parking in the garage. Mr. Cashman stated that
the Board has adopted a policy, in conjunction with the financing of the West Dublin Station, on
charging a minimal amount for parking to help finance the West Dublin Station construction.
em. Biddle asked what the schedule for constructiou of Phase I was. Mr. Cashman respouded that thc
Couuty hopes to start construction in the Spring.
Cm. Biddle asked when the coustruction would be completed. Mr. Cashman stated that they hope to
complete construction after 14-16 months.
Cm. Biddle asked the schedule for Phase II. Mr. Cashman responded that although the County is under
coutract with BART to provide the additional 500 parking spaces there is uo schedule for the start of that
Phase.
Cm. Biddle asked what fee BART was proposing to charge for parking at the garage. Mr. Rermels
responded that it would be a uominal fee probably about a $1 a day.
Olair Schaub had concerns about the flow of the construction traffic at Irou Horse and DeMarcus. He
waS concerned for the safety of the BART patrons through the construction traffic. He suggested adding
a condition of approval that the construction of Altarrrirano Road be completed prior to the construction
of the facility so that the construction vehicles for the garage could use that road, Mr. Cashman stated he
would be comfortable if the condition stated that the majority of the conStruction traffic should use
Altarrrirano, but prohibiting the entry of these vehicles at Iron Horse and DeMarcus completely may
cause a conflict at a later time.
Chair Schaub stated that one of the findings that the Planning Commission needs to make is that of
public safety. He would not be able to make that finding if the trucks travel through the Iron Horse and
DeMarcus. After much discussion BART agreed to a condition to restrict the entry of the construction
traffic during commute hours.
\PÛmntnn CommÙri.on
'1<rgu"," rM"ti'B
128
,)'tpt£Tf/.6er 2 7, 2005'
~o '1'6\
Chair Schaub wanted to ensure that the County would provide adequate parking during construction.
Mr. Cashman stated that the County was under a contract with BART to provide adequate parking at
any given time.
Cm. Kmg had concerns similar to Cm. Fasulkey regarding safety issues. He asked if the pathways and
walkways to the garage would be fully lighted and there would be no dark corners. Mr. Dilip
Nandwana stated that the sidewalk would be lit and the garage lighting is twice the normal for such a
development. He further added that as Architects for the project they ensured that there are no seismic
walls and hence no 'hidden corners' .
Cm. Wehrenberg wanted corrlirmation that the parking garage would have full size parking spaces. Mr.
Dilip Nandwana stated that waS cOITed.
Cm. Wehrenberg asked if there were any proposed parking spaces for electric cars. Mr. Rennels
responded that although BART established an electric car charge program, it was not successful.
However, BART is trying to start a Fuel Cell in conjunction with the State of California and University of
Berkeley.
Cm. Wehrenberg asked if the retail construction would occur during Phase II. Mr. Rennels responded
that BART would like to develop it in parb:1ersrup with a private developer as soon as it is economically
feasible.
Cm. Wehrenberg asked questions regarding the colors and materials for the building. She asked if the
concrete materials proposed were colored concrete Or if it was a surface needing paint that would
require maintenance On a constant basis. Mr. Raju Nandwana responded that the colors shown in the
color rendering were the ones envisioned for the project. It is a painted plaster surface which is concrete
and would require maintenance. Mr. Raju Nandwana further explained the different colors and
architectural elements for the projeet.
Cm. Biddle had a follow-up question on parking. He asked if there is a possibility that during
weekends, visitors to the residents living in the transit area would park in the garage. Mr. Rennels
stated that since the fee for parking in the garage is a concept that is evolving, BART is yet to determine
the logistics for that. In the meantime however, it may be a possibility that visitors to the residents in the
transit area may park in the garage.
em. Kmg asked if the trees proposed for the project and as shown in the color rendering would actually
grow 4 stories tall and cover the concrete building. Mr. Raju Nandwana responded that based on the
species selected by the Landscape Architect for the project, they could potentially grow 40-60 feet tall.
Cm. Kmg asked if it would cost any more to paint a different color, Mr. Nandwana stated that the idea
behind the color selection was to delineate the base structure from the architectural embeJlislunents, such
as the steel screening and the yellow coloring, so that it does not dominate the surroundings.
Cm. Wehrenberg stated that with the residential development around the garage wruch will have good
color elements, the garage may stick out as a concrete structure.
Chair Schaub agreed with Cm. Kmg's comments and suggested that the Architect should consider subtle
color changes to the building.
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Cm. IGng sought clarification that it would not cost more to change the color. Mr. Nandwana stat I D:fJ 2; ,
based on the number of interfaces used and massing it wouldn't be very expensive. However, BART
does not want to paint the structure. Mr. Rennels further added that while choosing the color for the
paint, BART wanted to ensure that it chose a color that required minimum maintenance. Based on
BART's CUTrent financial situation, oruy those elements were chosen that required little maintenance.
em. IGng stated that if the financial commitment to paint is already made then it shouldn't be difficult to
change colors. Mr. Rennels stated that BART is not painting the garage. He added that Alameda County
Surplus Property Authority is building the garage for BART and they are having it painted. Cm. IGng
stated that since the financial commitment to paint is already in place, then changing colors should not
be a problem. Mr. Relmels said no. Cm. King asked if BART intends to paint and just leave it. Mr.
Rennels responded that discussions are on-going regarding on-going maintenance issues.
There was a discussion between the Commissioners regarding architectural details. Ms. Ram suggested
that Mr. Raju Nandwana make a presentation regarding the colors and materials proposed as wellas the
architectural details for the benefit of the Commission. Mr. Raju Nandwana gave a detailed description
of the colors and materials used as well as the architectural details.
Cm. Fasulkey suggested having a sign on the garage which would say "Welcome to Dublin". Ms. Ram
stated that Staff will forward his comments and suggestions to the City Council for review.
Cm. Fasulkey also pointed out that the sign "East Dublin BART" should be amended to remOve the
word "East". Ms. Ram pointed out that the reaSon for that sign is to distinguish it from the future West
Dublin Station.
Cm. Wehrenberg suggested a sage green color for the lower floors of the Garage and a Silver band color
for the floors on top.
Ms. Ram asked the Commission if they would like the Applicant to work On some color alternatives.
em. IGng stated the Commission does not want the building to look like a concrete structure. Mr.
Cashman stated that although the garage is going to be a tall building, the Architects by using muted
color tones have tried to give it a softer look.
Cm. IGng asked what the security sCreen would look like. Mr. Raju Nandwana responded that the
security screening does not occur at the ground level. The lower level will have a heavy metal gauge,
more like a grill. The security screening is made of stairùess steel architectural woven wire fabric that
will be placed On the façade panels.
Cm. King asked if the sidewalk look like cement. Mr. Raju Nandwana and Mr. Cashman responded that
the sidewalk pattern will be similar to the design for the entire Transit Center pattern, similar to the
design on Iron Horse and DeMarcus.
Cm. Biddle asked if the building was designed to add more stories in the future. Mr. Nandwana stated
nO.
Cm. FasuIkey asked if there was a covered walkway canopy. Mr. Cashman stated that there was nO
walkway canopy. The County looked into putting a walkway canopy in coordination with MTC, BART
and the Landscape Architect. The conclusion was that the canopy was not cost effective. It would not
leave enough funding for landscaping.
œ[a:rrrting Comm~\'J'ÙJ1 ,
1?r¡¡'ldar ?deetmg
130
""P"",;;" 27, 2W)'
Cm. Fasulkey asked Staff if his suggestion regarding the awning could be forwarded to the City C~~il ~'6 }
for consideration. Ms. Ram responded that Staff would incorporate it in the staff report.
Ms. Ram further added that since the Commission has brought up a lot of pertinent issues, it would be
ideal to continue the item to the next hearing and bring back revised conditions of approval which
includes all of the Commissions' comments and concerns.
Chair Schaub asked if the proposed landscaping was consistent with the City's Streetscape Master Plan.
Ms. Ram responded that this project is not part of the Streetscape Plan, it is more in line with private
development. Streetscape Plan deals with main arterial roads and circulation in the City.
Cm. Fasulkey asked if the garage would stay open during the night. Mr. Rennels responded that there
is a possibility that the garage would remain open for the public and all security measures would stay in
place throughout the night.
Hearing no other questions or concerns, Chair Schaub closed the public hearing.
Chair Schaub summarized the Commission's COncerns as follows:
1. Security issues - City's standards versus BART's standards
2. No cement trucks during commute hours
3. Relocation of displaced parking
4, Color issues - alternatives for painting scheme
5. Relocating the antenna
6. Walkway awning
7. Neon sign - a lighted Sha1l1Iock
Cm. Wehrenberg expressed concerns regarding the height of the building. She was unsure about the
compatibility of the structure with the surrounding development in terms of the tower height.
Additionally, due to the tightness of parking in the area she asked Staff not to present any CUP in the
future for reduced parking for the condos being constructed adjacent to the garage.
There was a discussion among the Commissioners regarding the maximum height of the buildings in the
Transit Center area.
On a motion by Cm. Biddle seconded by Cm. Fasulkey, by a vote of 5-0, the Planning Commission
unanimously continued the item for discussion to the next meeting.
NEW OR UNFINISHED. None
OTHER BUSINESS -
ADJOURNMENT - The meeting was adjourned at 8:50 pm.
7ii¡;trJ1W
Planning Commission Chairperson
A~
(
Comm . Development Director
rJ.14:n.r:i1JfJ COJ1l,fni.\'$Ù'11I
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131
Se-pt,em6{!í 27) 2005
(p3 ~$I
-,.1'41' ,,',',' International
I Parking
Design, Inc.
"'r&1II1 t..ta¡.,.· ..ngtft..r..... ·OOt"l..,u.'t.~"'.
OClObet 10, 2005
M$. Mamie J'o \lccio
City of DUblin
tOO Civic Ptll2ll
Dublin, CA: 94568
Re:- Emr Dublin Parking FOl:lltty CCTV. Eme"ge~ Pho"" &: Malmenance System Døacrtplions
Dear- Maml<\
Per your roque$!, please find below system descriptions for the above referenced project.
CLOSED CIRCUIT TELEVISION SYSTEM
A closed circuit television ~ystem sh l\l be provided In the Ea$t Dublin BART parking facili!)'. Fixed lens
csmems shall b. ,located for recording of all el""ator cab entrances, elevator lobbies, and gtairweUs On all
parking level.. Typical parking .Isles and cross a¡s[es s""lIlIlso be equipped witb fixed CCTV CMlI>fiI$_
Pan, tilt, mom cameras shall be Jocared for vi,ewing and recording of all three vehicular enU'Wlce. at the
ground level. Images are sent to the Train Control Room located at the East Dublip Station.
EMERGENCY TELEPHONE SYSTEM
An emergency telephone system sh.1I be provided to allow direct telephone cOìmection to Emergency 911
BART Police dispatch at Central Control in'lI/¡ emerg$1cy slru.tion. Emergency phone. sh.1I be located
.t both ....tern stair locations and .dj....nt to the elevator tower lobby on all floors. All pbone. are
equipped with a continuously lit blue light for ease of patron visibility. In the event oflll. emer¡¡eoey,
pressing a panic button at th,e emergency phone station (no disHng) would place a c.ner to an immediate
cornteÇt;on with. BART I'olice "perlllor at Central Control for immediate dispatch of BART I'olice. At
ihe )Ower and a,upport conaole at Central Control Location (goO MOO;son A Venue in Downtown
Oakland), th. calling relephone sol is automatically identified and logged, and an aud,o record öf the
conversation ,haU be made. The BART dispatch informs the re-~ )Onding officers of the warm location.
Upon øctivation of the emergency phone symm, a visual indication will be displayed (flashin¡¡ blue light)
to aid police effhrts in locating the alarm. In order to ensure system operation, emergency phones are
equipped with S.M.A.R. T. technology which enables the device to tran.mlt to Centra! Control indications
of any malfunction or Ian1poring with the device.
MAINTENANCE CRITERIA
While convenience, comfort, and attractiveness has been considered in the selection and application of
this facili!)"s finishe., tbe District and community shal! be also lIS$ured that lhe goals of satì:ty, du"'-biJity.
and economy arc .chieved first and foremost The East Dublin Parking Facility sluIll employ
standardized materials that are fabricated in, such a manner to reslst vandalism and provide for ease of
maintennnce. cleaning, and repair Or replacement.
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Phone~1Q5$3.::!1:ro FacMdtð10~30.2\ß.4
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ATTACHMENT 6
& Lf "Ill
Ms, Mamie Nuccio
October 10. 2005
P"JI"2
BART Facility Standards IInd Ba.~ic Goals which are to be complied with in the developmem of this
Parking facility Include:
A. Safety
· Fire Resistance and Smoke c;eneration: Reduee hazard from fire by using non-combustible
material.. Interior fmishes shall meet NFPA 101 ~uiremems. AdheslvlI$ and sea.lants shall meet
,the ""1uirements stated herein, The Comttoetion Is of Type n·Fire Resistive and fully
sprinklered throughout.
· Attachment: Eliminate hazard from dislodgement due to temperature changc, vibration, wind.
seismic forces, aging, or other cauS¢.' by '!'ing proper attachments and adequate bond strength.
· Slip-Resistant: All walking surfaces including the public areas and the a"c;nary spaces shall be
constructed of materials seleeted for their slip-resiStant qualities in both wet and dry stales, These
materials shall not ""1uire maintenance (other than norma! housekeeping) to retain their slip-
resistant qualities.
· Glazing' O1azing used on the elevator lower shall comply with the requirements ofCaC.
B. Durability.
· Provide for long and econumi...t service by using materials with wear, strength, and weathering
qualities cunsistent with their Initial and replacemem CO$lS, and their location. The materials shall
maintain their gQod nppearance throughout their usefu Hfe. Materials shaH be colorfast.
C. ResiStance to Vandalism.
· Anti-graffiti coating shaH be provided as required by BART 81'S criteria.
· Provide materials end details that do not encourage vandalisnl, that arc difficult to deface,
damage. or II!fmove.
· All SurfMC$ exposed to the public shall be finished in such a manner 11m the results of graffiti can
be rendily removed with normal maintenance teChniques.
D. Ease of Maintenance.
· Cleaning: Reduce cleaning costs by using materials which do nut soil or stain easily, which have
surf.ces that are easy to cI""" in . single operation, and on whicb minor $Oiling is not apparent.
Matedals shall be cleanable with standard equipment and cle.nlng agents. Maintenance
procedures shall not require use of JLG lift¡¡.
· Repair or Replacement: Reduee mrnntenance costs by U$ing material,s which, if damaged. are
"""iJy re )llirod or replaced wil'hout undue interfer>:nce with the operation ofthe System. Spare
materials shall be provided for ti,le and other unit mltterials in a qua,ntity of approximately'two
percent of the tntal used.
E. Aesthetics: Create a feeling of welcoming and limeleM quality.
If you have any questions regarding any ofthe ahove descripfions, please da nat hesitate 10 caU On me.
SinCerelY~' . / /[ /
, ;' / I
';/"' j-^------
Raju Nandwana
Project Manager
CC: Pat Ca.o¡hman, Alamada County
lohn Rennels, BART
&6 1/6
EXHIði'JS .ll.T1J!!CFI!ED: Exhibit I - Plans for the East DublinlP1easanton Station Parking
Lot
~{...-
REC<!JM:MENril#ITON: ( Receive Presentation
FIN)lNClAL S1A TEMENT: None
PEmRlPTIOM
The Blly' Area Rapid Transit Diilrict (BART) staJf and OD!1$UltIm!B have previously
COII'glo:ted and presented pJlWS for the East DublinlPleasanton Station to !be City. The ltalion is
IUIÒ'II' constnaotion. They ha.ve also completed plans for the parking lot (&hibit 1) and !be
conltaot is ,,~t to bid. The oontract for the parkiDg lot is to be awarded in 1M SpriDg <:sf 1995.
'I'ho plans c:aII for approximately 2,600 parkins spaces split between the nonll and south
¡¡ide. !. The plans for the north parlcing lot have recently been revi.ed to inclwfø a. mrlio tDwec with
a lIIIIall out building. The tower will be approximalOly 120 reet tall.
Tbe BART smffand oonsllitant¡ will be available at the meeting to make a brid'
presentation and to WIIwer any questions about the parking JOt.
._~----_.._..._......_------------------
ITEM NO.
COPIES TO: Agenda File
Chuo\; Middlebrook, BA TC
Marv Dalander, BART
1.\
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COPlES TO: ;;:;r '
~ L1 CITY CLERK
ITEMNO.~ / ( 0
FILE 0 CO
AtTACHMENT 7
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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.
..,''',.,.,''''',.,''..
PRESENTATION ON EAST DUBLlN/PLEASANTON BART STATION (1060-301
Planning Director Tong advised that recently completed plans for the East
Dublln/Pleasanton BART Station call for approximately 2,600 parking spaces split
between the north and south sides, Plans for the north parking lot have recently
been revised to include a radio tower which will be about 120' tall, with a small
out building.
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 could not.
Cm. Moffatt asked if there was any concept of double stacking the parking.
Mr. Middlebrook responded 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.
*~~.ft~**ft.**~.*.*.*~.~*ft***.*.*.~**.*~.ft*.*ft**~ft~********.***w******~ft***~****************ftft
CITY COUNCIL MINUTES
VOLUME 14
REGULAR MEETING
January 9, 199~
PAGE 7
~'.
,~,
lfJ 1; '6/
Cm. Howard asked about the location of the 120' tower and the reason it was
put In that particular spot.
Mr. Middlebrook stated they looked at several different locations and the one
selected was the one that worked. This seemed the best place. It is obviously
impossible to hide a 120' tower.
Marv Dalander pointed out that it is also a temporary tower.
Mr. Middlebrook stated BART is looking at converting to a fiber optic system in
the future.
Cm. Moffatt complimented them on the new BART bus angle parking and
thanked them for their presentation,
Later In the meeting, this subject was reopened for further discussion.
John DIManto stated he was not clear on the action on the BART antenna and
also asked how long it would be there. It seems like DUblin gets all the lesser
profile things. He was concerned that in the text of the whole East Dublin Plan,
there's no mention of this and all of a sudden a 120' tower is being put in. What
would stop a developer from coming in now and asking for a 120' sign. Dublin
should not just take the word of BART that it has to be in that particular spot,
Mayor Houston felt BART Staff should be asked to explain what temporary
means,
Ms, Silver clarified the BART Station is not within the East Dublin Specific Plan
area.
Ma~orie Labar stated she had problems with the fact that the 120' tower is
within the Airport Protection Zone,
Mr. Dalander stated they have gotten clearances from all the agencies
involved. There won't be any blinking lights. At the beginning of this extension
project, there was talk about having a fiber optic system and then about a year
ago, the negotiations weren't going too well so they went to Plan B. line of sight
towers. They have 3 of these. They are currently negotiating for a fiber optics
system. They had to have a special agreement with the State of California to
put a fiber optic system on a state highway, They have finally agreed to allow
...*********~.~~*~.~~**~*********~*************~~*******************************************
CITY COUNCIL MINUTES
VOLUME a
REGULAR MEETING
January 9,1995
PAGE g
1111>1
,..-...
this fiber optic system. and they should have a system within 5 years or so and
then they would not need the tower,
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. He asked if it was strictly for communications with the
trains.
Mr. Middlebrook responded yes. It is for communications with the trains and with
police up 1-680.
Mr. Fasulkey stated he would still stand opposed and felt It was unnecessary.
.......... . W·'."W'''''''
Request to provide help to Childrens' Theatre Workshop 1900-40)
Lyn Dinelli, 6979 Portage Road stated she was a 15 year resident. She discussed
the recenl 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,
~**~.~~.****~~~...**..*..*.~..*~**ft*.*ft.*~***~~~*.~****..*..*~*******************~*~..*...~~
CITY COUNCIL MINUTES
VOLUME 14
REGULAR MEETING
January 9, 1995
PAGE 9
r
-
"3 ì~ C1~~. L ,;. 11-"ô
___- A.\ì~¡¡1 V ìí:D
jÀN 13 '\99S
erN oe DU8' '"
January 12, 1995
Dublin City Council
100 Civic PI¡¡z.a
Dublin, California 94568
Dear COl.lncil 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 wge communications antenna for the cxclusive use of BART.
To the best of my knowledge this antenna has never been reviewed for public comment.
A change of this magnitude seems 10 demand such a review. Do we have a choice in tWs
matter? According to BART's testimony alternatives to the antenna arc available. These
should be used as was originally proposed-
J respectfully reqllcst your assistllllCC in addressing and eventually removicll this antenna
from the plan. We must send BAIlT II clear message that their arrogance eannot be
perpetrated on the community of Dublin.
Bob Fasulkey, Dublin Citizen
7776 Topaz Circle
Dublin, California 94568
829-6299
1000 <30
~,
-,
13Db'61
Cm. Howard stated she would like to know more about the must-cony stations. We
have 2 Chinese and 2 Spanish
Mr. Rankin stated unfortunately because of our geographic location, 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 case they were refusing to cany the station they must put on
and they iost, 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?
..6..
.".. ............ ....,
BART 11 060-30)
Cm, Barnes asked what the City Council would be doing with regard to responding to
the letter from Bob Fasulkey asking about BART and the 120' antenna. What 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 if anything, 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?
~~ã.**ft****.*~*ft.*.*a*.~...*.**.***~~**~~*~***************~***~~*~~*~ft~~~~*~~ft~R~.8ft*
CITY COUNCIL MINUTES
VOLUME 14
ADJOURNED REGULAR MEETING
January 31, 1995 '
PAGE 69
·...-'
~"
,+ ~~I
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 ask them to move it somewhere else.
. ...
Hazardous Waste Plan 1850-7m
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 Slate 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-evaluatlon. 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 lhreat.
..
Peddler Permit/license /390-401
Cm. Moffatt stated a citizen had asked him if the City Council would be interested in an
ordInance to make It iliegal 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.
~****~*~~*~****~~**********~****.*~**~~*~***~**********~.*..~~~**~~~K*~*~*~~~hft~~***A
CIn- COUNCIL MINUTES
VOLUME 14
ADJOURNED REGULAR MEETING
January 31, 1995
PAGE 70
I~
~
í:7t1})P.1
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.
Bya 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 Tri-Valley Transportation Pian/Action Plan.
,.."'"". '."''''''''''''''....
OTHER BUSINESS
Informatlonal ReDorfs (610-05)
Mr. Ambrose reported that Staff was working with the Schooi District to schedule a
meeting of the Teen Task Force on March 16, 1995, possibly in the Dublin High School
cafeteria.
City Attorney Sliver advised that she had passed out Information related to the BART
antenna.
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,
~*..**~~~*.*..ft...*..~*****~ft******~~.ft**~*~**~*~*~*~~**ft****~~~~~~^ft~^~^ft~~ñft*...Rñ*
CITY COUNCIL MINUTES
VOLUME 14
REGULAR MEETING
February 13, 1995
PAGE 101
10/06/2005
IXì
Joel Kalil'
mmEN'!
C.rnI. Ward All..
YJ.aPRESfOtHT
T~om.. E. M"g"
GSNIRAL ..Nl,e
DIRECTORS
GoIIMUI11!'f
1STCmlC't
J...IK.llar
~IJDI!Il1IIIIT
BobF...nklin
;JRPOrsmlCT
Corol. Ward Alia.
4iHDlstllC't
2oydl.œ
!TIfßlITftIC'T
Thorn.. M. BIaI.ok
rnt Dlmo!
t ¡.att. SWOIt
TrHDlaTNCT
JamBS Fang
ItOiDJS'TRU:r
Tom ftadulOYioh
IITHIIIJTnlCT
www.hart.gOY
08:28
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
300 Lakeside Drive, P.O. Box 12688
Ookland. CA 946Q4~2688
(510) 464-0000
October 5, 2005
Jeri Ram
Community Development Director
City of Dublin
100 Civic Plaza
Dublin, CA 94568
via facsimile (925) 833-6628
RE; Radio Tower at Dublin BART Station
Dear J en:
I am pleased to provide you with the $ta.tu. of1he subject radio .tower. It is
Utlfortunate that 10 years ago individuals who are no longer with BART indicated the
tower would be temporary until the fib"!" optic system was installed.
The fact is the fibc:T optio system has been installed. However, the tower, along wîth
~;m;]A~ structures througbout the system are a critical eomponent of our system-wîde
telecommunications network This system enables us to communicate both internal1y
as wel1 as extemally to other public safety agencies,
Homeland Security issues and other recent natural diS8Sters have highlighted the
importance of a clear, uninterrupted and <:\fficient comnllUJieaûona network to enable
UB to provide critical regional transportation/evacuation and public-safety services in
the event of an emergency. This seamless network offiboc optic and wireless
communications is only possible with the strategically placed telecommunications
towers.
Thus, I want to assure your Planning Commissioners it is only through the
communications network referenced above tbat we are able to provide safe and
efficient transit services throughout the Bay Area eonununities whicb we have the
privilege to serve.
Thank you for allowing me to clarify the significance of this very important asset
within our system.
~
Kathl=K.~Ç~
DQpUty Executive Manager- Transit Systems Development
Cc:J, Rennels
NO,808 ¡;¡0Ø1
71p ~'P
ATTACHMENT 8
10/06/2005 THU OS. 33 [H/RX NO 6167] IiìI 001
1 ÎtJbi61
RESOLUTION NO, 05 - 53
A RESOLUTION OF TilE PLANNING COMMISSION
OF THE CITY OF DUBLIN
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RECOMMENDING CITY COUNCIL ADOPTION 01<' 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 Plmmed Development Rezoning for P A 03-062, East Dublin BART Parking Structure, for the
construction of a 6-7 level parking structure and the ruture development of 7,500 square reet 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 ror 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 me 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 rccommended that
the project be found exempt from additional CEQA review. The Project is within the scope of the Final
Environmental Impact Report lor 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
ATTACHMENT 9
"1 rt /Jf) ~ }
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 puhlie 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 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 Plmming 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 anIendmenl will not adversely affect the health or safety of persons residing or
working jn the vicinity, or be detrimental to the public health, safety, and welfare.
D. The proposed amendment is consistent with the Dublin General Plml 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 exisling and future development in the surrounding area.
BE IT FURTHER RESOLVED that the Plarming Commission does hereby recommend that the
City Council approve the Stage 2 Plarmed Developrnent 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: Commissioners Wehrenberg, King, Biddle
NOES:
ABSENT: Chair Sehauh, Cm. Fasulkey
ABSTAIN:
111ß(
Planning Commission Vice-Chair
ATTEST:
Community Development Director
3
RESOLUTION NO. 05 - 54
iÐ1Z1
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 P ARKW A Y 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
or 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 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 me 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 fiom 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 hased on a detenmination that there arc no
supplemental impacts that would require preparation of a Supplemental EIR; and
WHEREAS, the City of Dublin Zoning Ordinance, Chapter 8.96.020.C.I-6 allows the Planning
Commission to transrer 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
WHEREAS, Starr 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 ofpenmits;
and
WHEREAS, a public hearing was scheduled before the Planning Commission on September 27,
2005; and
ATTACHMENT 10
~{ tJb<t1
WHEREAS, proper notiee of said public hearing was given in all respects as required by law; and
WHEREAS, a StafT Report was subl11itted 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 Octo her 11,2005; and
WHEREAS, a public hearing was scheduled before tbe 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
October II, 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 11 th day of October 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Wehrenherg, King, Vice-Chair Biddle
Chair Schaub, Cm. Fasulkey
Planning Commission Chair
ATTEST:
Community Development Director
2