HomeMy WebLinkAbout11-17-2009 Adopted CC Min Jt MtgMINUTES OF A JOINT CITY COUNCIL/
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`~ ~ SPECIAL MEETING -November 17 2009
A special joint meeting of the Dublin City Council and Planning Commission was held on
Tuesday, November 17, 2009, in the City Council Chambers. The meeting was called to
order at 6:00 p.m., by Mayor Sbranti.
ROLL CALL
PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti.
Vice Chair King; and Commissioners Brown, Schaub, and Swalwell.
ABSENT: Planning Commission Chair Wehrenberg
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited by the City Council, Staff and those
present.
STUDY SESSION
PA 07-036: Downtown Dublin Specific Plan. The purpose of the Joint City
Council/Planning Commission Study Session is to discuss the proposed land use concept
for the Specific Plan Area, the proposed "Development Pool" (square footage available
for Intensification/development) of properties in the Specific Plan Area and the proposed
Community Benefit Program for the use of the Development Pool.
Erica Fraser, Senior Planner, presented the project as outlined in the Staff Report.
Bill Wiseman, RBF Consulting, also presented the project. He stated he has been working
on the preparation of the Draft Downtown Dublin Specific Plan (DDSP) and has a
working copy of the document. He indicated there are some issues that require input from
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the City Council for direction before putting together a formal administrative draft and
then a draft document for public review.
Mr. Wiseman stated there are two key objectives for this evening: 1) ways to encourage
or stimulate development consistent with the guiding principles by establishing uses by
district; and 2) improve the quality of downtown and encourage development. He stated
they would be reviewing the downtown area as a whole and looking at a Community
Benefit Program and related development densities.
Mr. Wiseman stated the study area has 284 acres, 2.5 million square feet and 10,000
parking spaces. He mentioned the 5 planning areas and stated when the original plans
were adopted the land uses were defined by parcel and were very specific; commercial,
retail and retail/office. He felt that did not provide much flexibility. He stated that, at the
previous workshop, the panel reviewed breaking the whole area into 3 districts: Retail,
Transit Oriented and Village Parkway. He proposed looking at a range of potential uses
which can occur within any of those three districts. He stated the ultimate range of land
uses needs to be determined by each district and the development capacity will be
determined later.
Mr. Wiseman felt this approach gives greater flexibility, responds to market conditions
and encourages more mixed-use districts which are fundamental to one of the guiding
principles which is to create a more usable downtown with a variety of uses and can
encourage a mix of uses that makes it more functional and can encourage night uses.
Mr. Wiseman discussed density and Floor Area Ratio (FAR). He then discussed the FAR
for the different districts and the range of uses. He stated Staff needed direction on how
to reassess the FAR and make them more consistent across all three districts.
Mr. Wiseman discussed a development pool which is a density bonus with some type of
community benefit for public improvements in the downtown area. The development pool
is the amount of square footage that the City would use to assess each project, and what
kind of benefit are we getting in return. He mentioned some of the advantages of using
the Community Benefit Program; 1) it provides a mechanism to fund improvements and
benefits the community; 2) it improves the City's competitive position in the regional
retail market; and 3) a viable downtown will help sustain long-term sales tax revenues for
the City.
Cmr. Schaub asked when the draft EIR will come to the Planning Commission.
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Mr. Wiseman answered they planned to bring both the Draft EIR and the Draft Downtown
Specific Plan to the Planning Commission in March 2010. He stated there are also
specific deadlines for the Metropolitan Transportation Commission (MTC) grants.
Cmr. Schaub asked if the Planning Commission needed to approve the Draft EIR before
reviewing the specific plan and asked if the Planning Commission would review both
documents together.
Ms. Fraser stated the draft documents would be circulated for public review for 45 days.
At that time the Planning Commission would receive a copy of the draft documents. She
continued that, at the Planning Commission public hearing, they would be taking action
on the Specific Plan as well as the EIR but the two documents must be reviewed and acted
on together.
Mr. Wiseman mentioned that the Planning Commission would recommend approval of the
documents to the City Council who would make the final approval.
Cmr. King asked if this proposal is in lieu of a City proposal.
Mr. Wiseman answered no; this proposal is to obtain direction from the City Council and
Planning Commission on the concept of how development will be allowed and whether
the City wanted to have a development pool. He continued that this is part of the land use
chapter of the specific plan and this document would determine how it will happen.
Cmr. King stated the materials received for tonight's meeting states "a typical land use
plan would not meet the intent of the guiding principles. " He asked if that meant that the
proposal would discard the typical land use plan.
Mr. Wiseman answered it means that the typical land use plan defines uses at the parcel
level, but this proposes an overlay with a range of uses within a district that would give
the City more flexibility as to what the development would be at the district level.
Cmr. King stated he understands the "overlay" but stated it must overlay something. He
felt this proposal is not a plan if the City is waiting to see what the developers want to do.
Mr. Wiseman responded that the City will define a range of uses which would empower
the City to determine what kind of project is to be developed. He mentioned the mixed-
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use where it could be determined that there would be office above and ground floor
restaurants; which is in response to a Guiding Principle brought up by Cmr. King
regarding more nightlife. He continued if the range of uses is defined, then the City can
define the uses and determine the type of development. He stated that the Specific Plan is
written with guidelines which determine the kinds of uses the City is looking for, the types
of finishes on the buildings, etc. The City would actually have more ability to define the
quality and the type of development in each district.
Cmr. King responded he still did not believe this proposal is a plan. He felt that if there is
a range of uses and the City is waiting for a developer to decide what and where to build a
development, then it really isn't a plan. He mentioned the Planning Commissioners attend
a Planning Institute every year and one of the seminars is "How to Create a Vibrant Civic
Center." He stated they learned that there are a lot of specific concepts that create a
vibrant civic center and he did not see where they will it be addressed in this process. He
stated the concepts have not been addressed yet.
Mr. Wiseman felt that Cmr. King should look at how the Specific Plan is organized with a
detailed set of development standards which dictate how physically you want a building to
look, the setback requirements and parking, etc. Then there are the guidelines that
determine how it will function and look. He stated those tools that will define any project
will be in the Specific Plan; how it will look and how it will be built. He stated the land
use as an overlay for the districts will retain flexibility so that the City is not so specific
that no development occurs at all. He felt this would give the City flexibility to be able to
respond to market conditions.
Mayor Sbranti suggested Cmr. King meet with Staff or Mr. Wiseman for clarification.
Cm. Hart asked if the individual districts will have different ranges of use or will they all
be the same.
Mr. Wiseman responded the districts will have different ranges of use for what is
appropriate in each district.
Cm. Scholz asked if the proposal will take a specific plan and then decide how to use it.
Mr. Wiseman responded that the City will be deciding how to organize the land use
chapter and use the guiding principles as a stepping stone for how the City Council wants
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it to look. He felt that after tonight's meeting the City Council will be able to see the big
picture.
Mayor Sbranti stated the City Council is looking at policy statements within the Specific
Plan and not a real plan but policy statements that will guide development.
Mr. Wiseman stated the City Council is giving Staff strategic direction that will guide the
policy direction.
Cmr. Brown asked to clarify that the developer would not pay into the community benefit
unless they will use some of the development pool.
Mr. Wiseman answered yes. He explained the developer has a base FAR that they would
be allowed to build to and if they wanted to build a denser FAR they would pay into the
Community Benefit Program and the agreement would be negotiated between the
individual developer and the City.
Cmr. Brown asked if a developer who does not use the pool would not pay into the
Community Benefit Program.
Mr. Wiseman answered yes.
Cm. Hart asked if the developer did not pay into the development pool then they would
not have the option of increasing the density above the base FAR.
Mr. Wiseman answered yes.
Mayor Sbranti stated within a district there are permitted uses and asked if there will be
caps within the district on a specific permitted use.
Mr Wiseman answered yes. He continued different uses generate different traffic, etc. at
different times of the day. He stated the City wants flexibility but also wants to ensure
that the traffic on Dublin Blvd., for example, will not be adversely affected.
Mayor Sbranti stated with the caps within the district there would not be 500,000 square
feet of retail and the cap could be 100,000 square feet of office and certain districts will
have a lower count than other districts.
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Mr. Wiseman responded the best way to look at this is so that the flexibility stays at the
broadest level with a capacity by district that can be met with different types of uses, but
once the capacity is met, it cannot be exceeded.
Mayor Sbranti mentioned that a use on Village Parkway with a .20 FAR would be allowed
to go to .35 FAR without pulling from the development pool, by right, as a permitted use;
some landowners could increase their FAR without going into the pool.
Ms. Fraser answered yes, that is correct.
Cm. Hart asked if there is a way to quantify the true difference between the baseline, the
development pool and the cap.
Mr. Wiseman answered yes. If base density is identified, the cap will be driven by the
traffic and the traffic engineers will be able to tell by district the ultimate capacity.
Cm. Hart asked what the baseline is.
Mr. Wiseman responded that they can use the proposed baseline identified in the DDSP or
the ultimate capacity.
Cm. Hart asked if traffic is the only factor.
Mr. Wiseman responded that traffic was used because it is a key element and the others
(water, storm drain and sewer) did not seem to be a big issue.
Cm. Hart felt those items needed to be part of any equation. He felt that when it is noted
that only the traffic is used in the equation it doesn't give the big picture of what is really
included.
Mayor Sbranti stated the EIR will be a guiding force in terms of defining the capacity for
each district, for each type of use.
Cmr. Schaub asked for an explanation of the districts. He felt that there are 2 retail
districts and 1 transit district and asked if the EIR will determine what the base and
capacities are by districts.
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Ms. Fraser answered yes but it is different for each district. She stated Staff is proposing a
.35 FAR in the retail district and Village Parkway district; two separate districts with the
same name.
Cmr. Schaub felt that was not clear from the presentation.
Ms. Fraser stated Staff reviewed the Village Parkway area, where there are smaller
properties and the current maximum FAR is .35 and Staff is recommending that the FAR
remain the same. She stated this would allow the smaller businesses to expand/improve if
they were able.
Cmr. Schaub asked what Staff is proposing for the other retail district.
Ms. Fraser answered Staff is proposing a base of .35 FAR due to the large scale retail
operations, i.e. Target, Home Expo, etc. that exist in the area. She continued this would
be giving them a small increase because their buildings are very large already. It is the
same baseline FAR as Village Parkway but it will mean different things in both districts.
Cmr. Schaub asked if when the Planning Commission receives the EIR they will be able
to understand the capacity of Village Parkway and will be able to establish baseline and
capacity for the retail and transit oriented districts.
Ms. Fraser answered yes. She stated the purpose of tonight's meeting is to discuss with
both the City Council and Planning Commission the direction Staff is moving so that Staff
does not expend time, money and resources if the panel wants to go in different direction.
Mayor Sbranti asked if there will be integration of uses between the different districts.
Ms. Fraser responded there will be common uses in each district, i.e. restaurant uses will
be allowed in all three districts.
Mayor Sbranti commented that the Streetscape Master Plan and Community Design
Element which have common features. He stated he did not want to go back to having
three different specific plans that are very different. He wanted to ensure that this would
be an integrated plan for the entire area.
Ms. Fraser stated that Staff is using the guiding principles as a base and trying to focus
certain developments in certain areas.
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Cmr. Brown asked why the FAR of .35 proposed in the Retail District is a reasonable
number.
Ms. Fraser answered there are typically very large buildings in the current retail district
and although .35 FAR may sound low it actually equates to very large expansions of those
buildings. She stated that if the City is trying to encourage property owners to develop
their property and they want to go over a certain FAR and provide a community benefit
there is a base at which it needs to start. For example, Target is at a .29 FAR, if they were
allowed to go up to .35 FAR that would allow them to add 22,000 square feet to their
building which is a significant number.
Mayor Sbranti suggested reading the questions and obtaining feedback from the panel.
1. Should the City allow uses based on the Specific Plan District rather than a Land
Use Designation? Or, would a typical land use plan, with specific allowable uses
for each property, be more appropriate?
• Cmr. Brown felt it should be based on the Specific Plan District which gives
more flexibility.
• Cmr. Swalwell agreed with Staff's recommendations. He felt the City needs
to be flexible and adapt to the changing times and look at what people are
doing with their property versus what we'd like them to do.
• Cmr. Schaub felt it was a good idea.
• Cmr. King felt this is a plan to not plan. He asked where is that being
mentioned that the City wants a certain use in a certain area. He felt it was
completely off the track of where the Planning Commission had been going
for the last 3-4 years. He felt the plan is saying that the City shouldn't worry
about where they want things to be built, public spaces and the factors of
what and where we want things built in order to build a vibrant downtown.
He felt the plan was saying that the City only wants the flexibility for bigger
block sizes. He stated that the Planning Commission was given the
"Opportunities, Issues and Strategies" report which explains what's wrong
with the current downtown. It says "the very large block sizes, wide and
busy roadways, large building footprints and expansive parking lots creates
an environment that is dominated by automobiles. " He felt the proposal was
a plan to encourage more of the same. He was unclear how this proposal
would change the area to create a pedestrian friendly City.
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• Mavor Sbranti asked Cmr. King if he would like to see a land use plan similar
to the current one. He continued that the current specific plan land use plan
is very specific by parcel. He stated the other three Planning Commissioners
are supporting the land use plan by district; Cmr. King would like to keep it
similar to the current specific plan, i.e. specific land use designation by
parcel.
• Cmr. King answered yes, that is the direction he felt the City should be going
in and thought they were going in. He responded that if this were an overlay
to a plan that is specific; which says what development the City would like to
see where and if it's allowing flexibility to change that then he would agree
with flexibility. He felt this goes beyond flexibility, this only says the City
wants the flexibility to approve whatever the builders want to build and
nowhere does the City say we want this element in a specific space in order
to create a pedestrian friendly experience.
• Mayor Sbranti felt Cmr. King was clearly opposed and wanted to clarify that
what Cmr. King is supporting is basically the current specific plans that have
been in place since 2000 which are parcel specific. He then asked Cmr. King
if that is what he wants.
• Cmr. King stated he was not saying the current plan was perfect but he liked
the concept.
• Cm. Hart supports the Staff's recommendation but would be cautious
regarding density.
• Cm. Scholz also supports Staff recommendation.
• Cm. Biddle supports the concept of a development plan and sticking to the
guiding principles based on the district.
• Cm.Hildenbrand supports Staff recommendations and felt the flexibility is
good and a greater mixed-use is good. She felt there hasn't been any
development and unless the City tears everything down and rebuilds it, and
reconfigure streets, the City will still be faced with the challenge of making
the area walkable. She felt that if the City can encourage a different type of
use there may be more people coming to the area. She continued the City
Council has asked to fix this downtown specific plan in the past and so far
the plan has not changed conceptually to encourage development in the
community. She continued that she is willing to give this specific plan a try
to see how it works.
• Mayor Sbranti also agreed with Staff recommendations but felt the City is
being flexible but felt there are still constraints within each district. There is
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still a definition of how much office space, etc. and that will vary based on
different circumstances. He felt it is a different way of doing things because
the specific plans that have been here since the early 80's are parcel specific.
He felt that this new plan is a different way of doing things.
2. Should the City establish a base FAR for each District before a developer is
required to use the Development Pool? Or, should the City allow development
(FAR) up to the maximum allowed pursuant to the Specific Plan?
• Cmr. Schaub felt the concept of FAR's is not a very clear way to look at a
district. He continued FAR's are only a part of what is reviewed for a
project. He felt this is the most complex part because it speaks to capacity
and how that is determined, but did not feel that FAR is the complete answer
as to how the City wants a district to look.
• Cmr. Schaub was in support, but when the DDSP comes back to the Planning
Commission they will have a long discussion about it.
• Cmr. King was not in support.
• Cmr. Brown asked to clarify the second part of the question regarding the
specific plan talking about the existing FAR which was shown on the graph.
Ms. Fraser answered that the within the districts a developer can build up to a
base FAR that the City has established and after that they must pull from the
development pool. She asked if the panel wants to set a maximum FAR
pursuant to the EIR which would allow Applicants to build up to that maximum
and not require them to apply for additional FAR but would be allowed by right
to build to the maximum.
• Cmr. Brown supported the district FAR concept.
• Cmr. Swalwell was in support of the district FAR concept.
• Cm. Biddle was in support of the development pool concept and supports
district FAR concept.
• Cm. Scholz was in support of the development pool concept and supports
district FAR concept.
• Cm. Hart was in support of the development pool concept and supports
district FAR concept but was still concerned about density.
• Mayor Sbranti was also in support and felt by having a base FAR some
property owners who are currently under that to still go up without pulling
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from the development pool. He felt if there is someone who wants to do
something very innovative they could pull from the development pool.
3. If the City establishes a base FAR for each District, should the base be
established as .35 for the Village Parkway and Retail Districts and .SO for the
Transit-oriented District?
• Cmr. Brown felt it was a good step to begin with.
• Cmr. Swalwell agreed with Cmr. Brown that this is a good start.
• Cmr. King supported the base FAR.
• Cmr. Schaub was unsure that FARs will solve the problem in the future. He
felt the Transit Oriented Districts will not look like we thought they would
two years ago. He did not feel there would be a developer willing to build
the densities that were built earlier. He was concerned that the transit
oriented districts will look different and did not want it to look too different
in the planning because there is no way to know what it will look like in the
future. He felt there might be more retail in the area because no developer
wants to build residential housing there. He was in support of .50 FAR for
retail. But felt the City needed to look at what a transit oriented district looks
like and if FAR's will satisfy landowners and residents' need for certain
projects in certain areas.
• Cm. Hart was in support.
• Cm. Hildenbrand was in support.
• Cm. Scholz was in support.
• Cm. Biddle felt it was a good place to start.
• Mayor Sbranti was in support.
Mayor Sbranti suggested discussing questions 4 and 5 together in the interest of time and
felt there needs to be a broader discussion on these two questions at a future meeting.
4. Should the City establish a Community Benefit Program to provide a benefit to the
community in exchange for allowing developers to use the Development Pool?
S. Are there any benefits to the community you would like to see included in the
Community Benefit Program?
• Cmr. Schaub felt these issues were not land use decisions. He did not feel
that parts of the Community Design Element and Downtown Specific Plan
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should be part of the Community Benefit Program and felt it was up to the
City Council to decide these issues. He voted yes.
• Mayor Sbranti suggested that part of the Community Benefit Program could
be performance based to either waive or lower the Community Benefit
Program as an incentive to encourage activity. Mayor Sbranti asked Cmr.
Schaub if he would count plazas as part of the Community Benefit Program
where a landowner would dedicate an area as part of the Community Benefit
Program as a public plaza.
• Cmr. Schaub stated he would rather see a list of benefits that would be
discussed by the City Council and Planning Commission and come up with a
consensus on whether it is a planning issue but agreed that public plazas
should be part of the list.
• Cmr. King felt that this is an abdication of what the Planning Commission
has been working toward and will result in a hodge-podge of development,
but he felt these two questions could save the project. He felt it could create
an inspirational design for a vibrant, pedestrian friendly, city center through a
community benefit program, but if all the Downtown Specific Plan is saying
is the developer can build a bigger box if they add public art in front of the
building then the City is back to county planning. He felt that if the City was
very ambitious with questions 4 and 5 then a real plan could be
accomplished, but he felt there was nothing in the plan currently to create a
distinctive, pedestrian friendly, vibrant downtown.
Jeri Ram, Community Development Director, asked if Staff could ask the panel for their
comments regarding the Development Pool. She stated there will be more detailed
information on the Community Benefit Program brought to the panel at a future meeting.
• Mayor Sbranti felt there was a general consensus regarding the Community
Benefit Program and having afollow-up discussion.
• Cm. Hart disagreed and wanted to ensure that the City does not rely totally on
the Community Benefit Program for access to the development pool. He was
concerned with the inference that the City would allow increased density versus
access to the development pool.
• Mayor Sbranti stated the panel will look at the Community Benefit Program at a
future time.
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• Cm. Hart felt question #5 is a Staff question and could not be answered at this
time.
• Cm. Hildenbrand agreed with Cm. Hart.
• Cm. Biddle suggested that there may be a community benefit that a developer
may propose that the City has not thought of and suggested the list should be
flexible.
Mayor Sbranti opened the public comment period. Hearing none he closed the public
comment period.
Mayor Sbranti asked for the next steps.
Ms. Fraser answered the next steps will be to take the feedback from the panel and
continue with the completion of the analysis for the EIR. She stated they are working on
the EIR; the traffic study and all the other environmental studies as well. She stated Staff
will return to the panel to discuss the Community Benefit Program at a later date. She
continued the panel will be reviewing the draft Specific Plan and the EIR in the late winter
or early spring. The final EIR will be completed in the spring 2010 and the Planning
Commission would act on it summer 2010 then the formal public hearings would occur.
Cmr. Swalwell asked what the consensus is from the business and development
community about this new Downtown Specific Plan.
Ms. Fraser answered there have been no calls so it is hard to say. She felt there would be
comments when the draft Specific Plan is available for review.
Mayor Sbranti referred to Cmr. King's point that the panel is looking at policy issues that
will go into the plan but not looking at an actual plan.
Cmr. King stated his understanding was there would not be a plan.
Mayor Sbranti answered that there would be a plan and asked Cmr. King to be patient
until the plan is available for review. He stated the panel has adopted some policies for
the plan and he will have the opportunity to review the plan. He felt that FAR matters in
the areas where there are under utilized parking lots in the downtown. He felt that
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because the City has increased the FAR someone could take those vast parking lots and
create a mini retail site that is walkable. He disagreed that the FAR would not do
anything to address pedestrian friendliness. He felt that increasing FAR will potentially
increase the walkablility of the area because it would provide incentive to develop the
unused parking lots that are auto-centric commercial activity. He felt that the
development pool would allow some very innovative ideas to create shopping districts
and public parks. He felt that one of the flaws of the current Downtown Specific Plan was
that the City would like to put a park on someone's property. He felt they all agreed that
the City would like the park, but who is the property owner that will dedicate 5 acres of
their land and build a City park. He encouraged the panel to keep an open mind and wait
to see the details of the Downtown Dublin Specific Plan.
Cmr. Schaub felt the City needs to build "people-density" downtown to make it
successful. He felt there needs to be residents living there or the City would need to bring
in a major destination. He felt that if there is no way to bring thousands of people to the
downtown there is no market for it.
Mayor Sbranti agreed that in order for the downtown to be successful there needs to be
destination opportunities or a potential housing mix.
Mayor Sbranti thanked everyone and stated he looks forward to continued discussions on
the project.
ADJOURNMENT
There being no further business to come before the City Council, the meeting was
adjourned at 7:02 p.m. in memory of Staff Sgt. Sean Diamond and our fallen troops.
Minutes prepared by Debra LeClair, Secretary.
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Mayor
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City Clerk
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