HomeMy WebLinkAboutReso 59-18 Waiving Site Development Review and the Application of Development Impact Fees for the County Parking Structure RESOLUTION NO. 59 — 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
WAIVING SITE DEVELOPMENT REVIEW AND THE APPLICATION OF
DEVELOPMENT IMPACT FEES FOR THE PROPOSED COUNTY OF ALAMEDA
PARKING STRUCTURE IN THE DUBLIN TRANSIT CENTER
WHEREAS, the Alameda County Surplus Property Owner owns an approximately 2.45 acre
parcel of land near the Dublin/Pleasanton BART station known as Transit Center Site D-1 ("Site D-1),
which site is designated in the City's General Plan for Campus Office development; and
WHEREAS, the County of Alameda ("the County") intends to build a County-operated, up-to-
700-space parking garage to serve patrons of the BART station ("the Project"), which project has not
yet been designed; and
WHEREAS, the Project has been awarded a $20,500,000 grant from the State of California's
Transit and Intercity Rail Capital Program based on the Project increasing transit ridership and
thereby reducing greenhouse gas emissions; and
WHEREAS, given the significant benefits arising from the Project to the City's residents, BART
patrons, and the environment, the City intends to facilitate the development of the Project to the
greatest extent feasible; and
WHEREAS, the City, Alameda County Surplus Property Authority, and the County are parties
to that certain Agreement . . . Regarding Property Tax Revenues Upon Annexation, Provision of
Services and Other Matters, dated October 6, 1992 ("the Annexation Agreement"); and
WHEREAS, under state-law principles of sovereign immunity, the County is ordinarily not
subject to the City's land use regulations, but subsections 9.a and 10.a of the Annexation Agreement
provide that County governmental uses proposed on Site D-1, such as the Project, "shall be subject
to site development review in accordance with CITY's zoning ordinance; and
WHEREAS, the City of Dublin's development impact fee programs (§ 1.g of Reso. No. 123-13)
allow the City Council to waive the application of development impact fees to development
constructed by public agencies if it finds that the waiver is in the interest of the public health, safety
and/or welfare; and
WHEREAS, in order to streamline and facilitate the processing of the project, for the reasons
identified above, the City Council desires to partially waive and not apply the site development review
requirement and desires to waive the application of development impact fees to the Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
waives the requirement in the Annexation Agreement that would require the County of Alameda to
obtain a site development review approval from the City prior to proceeding with the development of
the proposed parking structure on Site D-1. Notwithstanding the foregoing, the County shall, in lieu of
obtaining site development review, consult with the City's Community Development Director on the
Project's design prior to carrying out the Project. The scope of the consultation shall be defined in a
letter agreement between County staff and City staff that addresses, among other things,
architectural treatment, circulation, and landscaping.
Reso No. 59-18, Adopted 5/15/2018, Item No. 8.1 Page 1 of 2
BE IT FURTHER RESOLVED that the City Council finds that waiving the application of the
City's development impact fees to the Project would be in the interest of the public health, safety, and
welfare because the Project will benefit the environment by increasing transit ridership and thereby
reducing vehicle miles traveled and greenhouse gas emissions and the community by reducing
BART-patron parking on surrounding streets and private property and on that basis does hereby
waive the application of development impact fees to the project.
BE IT FURTHER RESOLVED that the foregoing waivers are exempt from the California
Environmental Quality Act ("CEQA") because they are regulatory actions that will not of themselves
cause a significant effect on the environment. Therefore, the actions are exempt under the general
rule that CEQA only applies to projects which have the potential for causing a significant effect on the
environment.
PASSED, APPROVED AND ADOPTED this 15th day of May 2018, by the following vote:
AYES: Councilmembers Goel, Gupta, Hernandez, Thalblum and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
ATTEST: "May r
Ze
City Clerk
Reso No. 59-18, Adopted 5/15/2018, Item No. 8.1 Page 2 of 2