HomeMy WebLinkAboutItem 8.1 - 2025 Parking Garage by the County
Page 1 of 4
STAFF REPORT
CITY COUNCIL
DATE: May 15, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Parking at East Dublin Bart and Actions to Assist the County in
Construction of a Parking Garage
Prepared by: Linda Smith, Assistant City Manager and John Bakker, City
Attorney
EXECUTIVE SUMMARY:
The City Council will receive a report on the status of efforts to increase parking
availability at the East Dublin BART station, including the County’s proposal to construct
a parking structure on one of its parcels in the Transit Center. The County garage
would serve to replace the originally planned a BART parking garage expansion on
BART property. The City Council will consider waiving a provision of t he Annexation
Agreement between the City and County of Alameda that would require the County
garage to obtain site development review from the City and exempting the project from
development impacts fees pursuant to existing City policy that allows waivers for public
agency projects.
STAFF RECOMMENDATION:
Receive the report and adopt the Resolution Waiving Site Development Review and
the Application of Development Impact Fees for the Proposed County of Alameda
Parking Structure in the Dublin Transit Center.
FINANCIAL IMPACT:
There is no direct financial impact associated with this report.
DESCRIPTION:
Recently, the City Council asked Staff to bring back a report to discuss East Dublin
BART parking and related actions that BART has taken related to pa rking at the East
Dublin/Pleasanton BART Station. In addition, Staff wishes to update the City Council on
efforts taken by the County of Alameda to construct a parking garage near the East
Dublin BART station.
In July 2017, the BART Board, on a 5 -4 vote, requested its staff develop a hybrid
parking strategy for its Dublin/Pleasanton BART stations. This strategy included
Page 2 of 4
implementation of a stacking system to park vehicles on the current Dublin surface lot at
the BART station, as well as use of private lots for shared parking in Dublin and
Pleasanton. The BART Board requested a report back in six months on efforts to
realize this option.
At its February 22, 2018 BART Board Meeting, the Board decided to table the hybrid
parking strategy as it had learned that the County was pursuing an option to construct a
parking garage on one of its remaining parcels adjacent to the BART station.
On April 30, 2018, the State announced that it had awarded $20 million in grant funds to
Livermore Amador Valley Transit Authority (LAVTA) from the Transit and Intercity Rail
Capital Program (TIRCP) to fund a second garage to be constructed and operated by
Alameda County. The propose new parking structure could provide up to an additional
650-700 new spaces for an estimated $30-31 million and would sit just north of the
existing BART-owned structure on the Dublin side of the station on a site commonly
referred to as D-1 in the Eastern Dublin Transit Center. The costs of the structure and
the number of spaces would be a continued consideration by the County in the
development of the site.
Figure 1: Dublin Transit Center (D-1 Location)
Assemblymember Catharine Baker (Assembly District 16) played a critical role in
securing $20 million for the structure. She has been working with County Supervisor
Scott Haggerty over the last several months on the parking garage plan. It is the City’s
understanding that additional funds will be sought from other regional transportation
agencies to fill in the funding gap.
City staff has provided technical assistance to the County on the feasibility of operating
a parking facility at this location, including financial feasibility, and evaluating site access
and off-site improvements to be provided by the County on Campus Drive, as well as
providing details on setbacks and development standards. City Staff will continue
consulting with the County should it be necessary.
Figure 2 below is illustrative of the possible site plan for the D -1 site and is currently
under evaluation by the County. This option below is a five-level structure with 570
spaces that would take access from Campus Drive off of Martinelli Way and allow for
the balance of the D-1 site (approximately 1.2 acres) to be developed by the County at
Page 3 of 4
a later date. Should the County desire to increase the number of spaces above this
amount, another deck/floor of parking would be necessary.
Figure 2: Possible Site Plan for County Garage
Applicability of Annexation Agreement - Site Development Review
In general, the County of Alameda is exempt from the City’s land use rules when it
pursues the development of County governmental projects. Thus, the County can
develop County governmental projects within the City limits without complying with the
City’s General Plan, zoning, and other ordinances and policies that would otherwise
govern the development.
However, the County of Alameda has agreed to comply with certain City land use
policies in developments it pursues on its remaining properties. The City and the
County of Alameda are parties to a 1993 agreement referred to as the “Annexation
Agreement” (Attachment 1) that governs development of the County -owned land that
was formerly federal property (part of Camp Parks). In the Annexation Agreement the
County agreed that any governmental uses of the Camp Parks Property and certain
other property would require a general plan conformity determination from the Planning
Commission and would be subject to “site development review in accordance with” the
City’s Municipal Code. (Annexation Agreement, § 10.a, 9.a.)
The proposed garage is a governmental use on the “Camp Parks Property” and
therefore the Annexation Agreement requires a general plan conformity determination
and site development review under Chapter 8.104 of the Munic ipal Code. Because the
requirement that the County obtain site development review is purely contractual, the
City Council can waive the requirement. The general plan conformity determination is
required by state law (Government Code section 65402) and cannot be waived. (Note:
a determination that the proposed garage is not in conformity with the City’s General
Plan will not prevent the County from proceeding with the proposed project.) In order to
Page 4 of 4
facilitate the speedy development of a new parking garag e to serve the patrons of the
East Dublin BART station, Staff would recommend that the City Council partially waive
the Annexation Agreement’s site development review provision and limit the review of
the project to consultation with the Community Developm ent Director. City Staff and
County Staff will enter into a letter agreement that details the scope of the consultation.
Exemption from Development Impact Fees
In addition, Staff proposes that the City Council consider waiving the applicability of the
City’s various development impact fees. Resolution 123-13 establishes uniform
exemptions from those various fees. One of those exemptions allows the City Council to
waive development impact fees for development constructed by public entities where
the City Council finds that that the waiver is in the interest of the public health, safety
and/or welfare. Staff believes that the City Council could find that the development of
the County-owned garage will improve the public health, safety, and welfare by
delivering a safe, convenient, and economical facility to serve BART patrons that would
otherwise use personal vehicles for commuting long distances or park their vehicles on
City streets and private property in the surrounding areas. More specific findings ha ve
been included in the attached Resolution. (Attachment 2)
California Environmental Quality Act
The County of Alameda will be the lead agency under CEQA for the proposed parking
garage, and it will complete some form of environmental review prior to pr oceeding with
the project. The City anticipates that the County will tier off of the Transit Center
Environmental Impact Report, which analyzed campus office development for the site of
the proposed parking garage. The City Council’s proposed actions to waive the
provision of the Annexation Agreement and to waive the application of the City’s
development impact fees are merely regulatory actions that will not of themselves cause
a significant effect on the environment. Therefore, the actions are exempt f rom CEQA
under the general rule (Guidelines section 15061(b)(3)) that CEQA only applies to
projects which have the potential for causing a significant effect on the environment.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A courtesy copy of this item was se nt to Assemblymember Catharine Baker's office and
to County Supervisor Scott Haggerty's office.
ATTACHMENTS:
1. Waiving Site Development Review and the Application of Development Impact Fees
for the County Parking Structure
ATTACHMENT 1
RESOLUTION NO. xx - 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 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 r easons
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
ATTACHMENT 1
letter agreement between County staff and City staff that addresses, among other things,
architectural treatment, circulation, and landscaping.
BE IT FURTHER RESOLVED that the City Council finds that waiving the application of the
City’s development impact fees to the Project woud be in the interest of the public health, safety, and
welfare because the Project will benefit the environment by increasing transit ridership and ther eby
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:
NOES:
ABSENT:
ABSTAIN:
______________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
2962242.1