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Tuesday, January 12, 2010
CALL TO ORDER/ROLL CALL
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, January
12,2010, in the City Council Chambers located at 100 Civic Plaza. Chair Wehrenberg called the
meeting to order at 7:01 p.m.
Present: Chair Wehrenberg; Vice Chair King; Commissioners Brown, Schaub, and Swalwell; Jeff
Baker, Planning Manager; Erica Fraser, Senior Planner; and Taryn Gavagan, .Recording
Secretary.
Absent: None
ADDITIONS OR REVISIONS TO THE AGENDA -NONE
MINUTES OF PREVIOUS MEETINGS - On a motion by Cm. Brown, seconded by Cm.
Schaub, the minutes of the December 8, 2009 meeting were. approved.
ORAL COMMUNICATIONS -
5.1 Election of Officers for Chairperson and Vice-Chairperson
Cm. Swalwell recommended Vice Chair King for Planning Commission Chairperson. On a
motion by Cm. Swalwell, seconded by Cm. Schaub, on a vote of 5-0, the Planning Commission
elected Vice-Chair Morgan King as Planning Commission Chairperson.
Chair Wehrenberg recommended Cm. Brown for Planning Commission Vice-Chairperson. On
a motion by Chair Wehrenberg, seconded by Vice Chair King, on a vote of 5-0, the Planning
Commission elected Cm. Alan Brown as Planning Commission Vice-Chairperson.
5.2 Appointment of Planning Commissioner as Liaison to Housing Committee
Chair King asked for clarification on the role of Liaison to the Housing Committee.
Mr. Jeff Baker, Planning Manager, informed Chair King that the Housing Committee's term will
end with the adoption of the 2009-2014 Housing Element. He stated that the January 21, 2010
Housing Committee is anticipated to be the last meeting and, at this time, the Commission
could appoint a new Liaison or continue to have Cm. Schaub serve as the Liaison for the
Housing Committee Meeting.
On a motion by Cm. Wehrenberg, seconded by Vice Chair Brown, on a vote of 5-0, the Planning
Commission elected to have Cm. Schaub continue to serve as Planning Commission Liaison to
the Housing Committee.
Cm. Schaub stated that he was absent when the Ordinance regarding Planning Commission
terms were discussed. He stated that the current wording reads that a Commissioner cannot
serve as Planning Commission Chair for two consecutive years. He further stated that he
doesri t believe that is sustainable as there are only five individuals serving on the Commission.
Cm. Schaub stated that eventually the only person eligible for the Chair position will be the
newest Commissioner and he doesri t believe that would suffice as appropriate criteria for the
Chair position. He suggested that the Commission consider discussing the issue with City
Council and consider changing the wording to "no more than three consecutive years," which
would enable a new Commissioner to obtain at least two years of Planning Commission
experience before possibly becoming Chair.
Cm. Swalwell agreed with Cm. Schaub.
Mr. Baker stated that this discussion will be in the minutes for Council to consider.
Cm. Wehrenberg stated that she felt the current wording gave more flexibility if a
Commissioner declined the position of Chair.
CONSENT CALENDAR -NONE
WRITTEN COMMUNICATIONS -NONE
PUBLIC HEARINGS -
8.1 PA 09-037 Fusion Restaurant and Lounge Conditional Use Permit for a Dance
Floor.
Erica Fraser, Senior Planner presented the project as outlined in Staff Report.
Cm. Wehrenberg asked for verification regarding hearing that the developer had an agreement
with nearby residents that if a parking problem developed in the residential neighborhoods,
residents and/ or guests could park at Grafton Station in the evening hours.
Ms. Fraser stated that she was not aware of such an agreement. She stated that she knew the
property owner was very particular in regards to making sure enough parking is available to
his uses.
Cm. Wehrenberg asked if the Police would ticket cars that park overnight in the parking lot.
Ms. Fraser replied that if signage was posted, someone could have the cars towed on behalf of
the property owner.
Vice Chair Brown asked how far The Terraces development is from the proposed business
location. Ms. Fraser stated that the business location is a little less than 3Q0 feet from The
Terraces.
Vice Chair Brown asked if there is a decibel restriction within the distance of a residential area.
Ms. Fraser replied that there are strict noise requirements in the General Plan. She stated that if
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the Fusion Restaurant were violating the noise restrictions at the property line, the issue would
be discussed between Staff and the business owners.
Mr. Baker stated that Condition 11 of the Conditions of Approval address noise and nuisances.
He stated that the business will be required to keep music inside the building and must control
noise as to not disturb adjacent businesses. and residents. He further stated that. subsequent
Conditions state that if any Conditions are violated, the Conditional Use Permit can be
reviewed or revoked.
Tim Carlos, Applicant, read a written statement stating that the focus of Fusion Restaurant is to
give people an upscale venue where patrons can enjoy food, beverages and dancing.. He stated
that the business owners are very excited about the opportunity to be a part of Dublin's
growing community and that two of the four owners reside .within walking distance of the
proposed business location.
The Commission had no questions.
Chair King opened the public hearing.
John Zukoski, resident, spoke in favor of the project. He stated that he believes a lounge with a
dance floor can improve the vitality of the area and would be a great addition to the
community. He further stated that the dance floor seems to be reasonably sized and that a
business such as Fusion Restaurant and Lounge will attract more customers and businesses to
the Graton Station center.
Mr. Zukoski stated that he does believe one concern was security and crime, however, if the
Dublin Police approved the proposed security plan, he does not anticipate any problems.
Hearing no further comments, Chair King closed the public hearing.
Cm. Wehrenberg stated that she fully supports the project.
Cm. Swalwell stated that the project meets all required conditions and he appreciates young,
local business persons wanting to bringtheir business to Dublin.
Cm. Schaub asked if having glass windows around the building would be a problem, as
reviewed with Buffalo Wild Wings' Conditional Use Permit.
Ms. Fraser stated that at the moment there are no plans to block the windows, as required with
Buffalo Wild Wings, as the layout of the two spaces are very different. She stated that she does
not anticipate any issues with the windows.
On a motion by Cm. Swalwell, seconded by Cm. Wehrenberg, on a vote of 5-0, the Planning
Commission approved:
RESOLUTION NO. 10-01
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A DANCE FLOOR
LOCATED AT 4100 GRAFTON STREET (INSIDE THE GRAFTON STATION SHOPPING CENTER)
IN THE PLANNED DEVELOPMENT (PA 05-030) ZONING DISTRICT
PA 09-037
8.2 PA 09-042 General Plan Amendment and Zoning of the westernmost and easternmost
portions of the vacated right-of-way of Scarlett Court.
Ms. Fraser presented the project as outlined in the Staff Report.
Chair King opened the public hearing.
Guy Houston, representing Hamcor Incorporated and Dublin Hyundai and Volkswagen, stated
that there is currently a path that goes from the abandoned right-of-way that connects to the
open space. He stated that many patrons use the path to access BART.
Mr. Houston stated that he would like to ensure that, when the property is under review for
development in the future, the Commission and City Council keep the path open and available
for continued patron use.
Don Price, El Monte RV, stated that he had the same concern as Mr. Houston. Mr. Price stated
that 90% of El Monte RV's customers transport by BART and he would like to ensure -that the
path continues to stay available to pedestrians in the future.
Hearing no further comment, Chair King closed the public hearing.
Cm. Schaub stated that there was previous discussion regarding the Ironhorse Trail .near the
path and believes that the path should continue to be available to pedestrians.
Chair King asked if the Resolutions are approved, will that result in pedestrian access being cut-
off.
Mr. Baker stated that the path was an item the City Council considered as part of the
abandonment. He informed the Commission that the path is not a formal connection that has
been dedicated for pedestrian use. He stated that the path does cross properties that the City
does not own, causing possible issues with logistics and liability, and could impede future use
of the abandoned right-of-way for the City Corporation Yard.
Mr. Baker stated that recommending the. General Plan Amendment and Zoning to the City
Council would not in itself prohibit the possibility of a future~path.
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The Commission unanimously agreed that continued pedestrian access is important for both
patrons and businesses.
On a motion by Cm. Wehrenberg, seconded by Cm. Schaub, on a vote of 5-0, the Planning
Commission approved:
RESOLUTION NO. 10-02
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THE CITY COUNCIL APPROVE A RESOLUTION AMENDING THE
GENERAL PLAN TO DESIGNATE THE WESTERNMOST AND EASTERNMOST PORTIONS
OF THE RIGHT-OF-WAY OF SCARLETT COURT AS BUSINESS PARK/INDUSTRIAL AND
OUTDOOR STORAGE
PA 09-042
RESOLUTION` NO. 10-03
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ZONFNG THE.
WESTERNMOST AND EASTERNMOST PORTIONS OF THE VACATED RIGHT-OF-WAY OF
SCARLETT COURT AS LIGHT INDUSTRIAL (M-1)
PA 09-042
NEW OR UNFINISHED BUSINESS -
Mr. Baker reminded the Commission that the City Council Goals & Objectives Workshop with
the City Commissions would be held on Saturday, January 23, 2010 at 9 a.m.
Cm. Wehrenberg stated that she would be unable to attend the meeting.
Mr. Baker informed the Commission that the January 26, 2010 Planning Commission meeting
has been cancelled.
Vice Chair Brown asked for the dates for the Planner's Institute Conference in Monterey. Mr.
Baker stated the Conference takes place Wednesday, March 24, 2010 through Friday, March 26,
2010.
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OTHER BUSINESS -NONE
ADTOURNMENT -The meeting was adjourned at 7:40 p.m.
Respectfull submit ed;
Morgan D. King
Chair Planning Commis ' on
ATTEST:
Jeff Ba er
Planning Manager
G: ~ MINUTES ~ 2010 ~ PLANNING COMMISSION ~ 1.12.10.doc
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