Loading...
HomeMy WebLinkAboutPC Minutes 06-21-1993 __..A • ~ Regular Meeting - June 21, 1993 A regular meeting of the City of Dublin Planning Commission was held on June 21, 1993, in the Dublin Civic Center Council Chambers. The meeting was called to order at 7:30 p.m. by Commissioner Zika. ROLL CALL Present: Commissioners Burnham, North, Rafanelli and Zika; Laurence L. Tong, Planning Director; Ralph Kachadourian, Assistant Planner; and Gail Adams, Recording Secretary. Absent: Commissioner powney PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Zika led the Commission, Staff, and those present in the pledge of allegiance to the flag. ADDITIONS OR REVISIONS TO THE AGENDA The minutes for June 7, 1993 were approved as submitted. ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None PUBLIC HEARINGS SUBJECT: PA 93-021 Lyon's Brewery Conditional Use Permit request for a 1,323 square foot expansion of the existing beer and wine pub with public dancing and live musical entertainment located at 7294/7296 San Ramon Road within the Stroud's Plaza Shopping Center Cm. Zika opened the public hearing and asked for the staff report. Mr. Ralph Kachadourian presented the staff report to the Commission. He indicated that complaints on exterior noise levels from the playing of live music were received by some of the Kildara residents. The Applicant had met with the Kildara Homeowners Association and had proposed several changes to address the noise concerns and these modifications were reflected in the conditions of approval. Staff recommended approval of the application for a Conditional Use Permit. Regular Meeting PCM-1993-58 June 21, 1993 [6-21min~ ~ • ~ • Cm. North asked if there had been only one written complaint received. Mr. Kachadourian indicated yes. There had been parking concerns; however these issues were taken care of by posting "towing" signs restricting parking. Since January, there have been no additional complaints. Ms. Judy Ashworth, Applicant, indicated that the reason for the expansion was to accommodate additional patrons and to relieve some of the congestion within the establishment. She described several of the modifications, such as the relocation of band/dance floor area and the pool table and dart board area. The amplifiers would be relocated against the soundwall. These modification should take care of any noise concerns. Cm. Zika asked if the Kildara Homeowners Association was in agreement with these modifications. Ms. Ashworth indicated that she had met with the association members and all their concerns were worked out. She would be keeping an eye out for any problems; however by relocating the band, she felt that their concerns had been addressed. She commented that the band starts at 8:30 p.m. and ends at 12:30 a.m. Cm. North asked if the sound would carry or be heard outside of the building. Ms. Ashworth stated that the noise consultants indicated the relocation of the band would buffer the sound. Cm. North asked again if the sound could be heard outside of the building. Ms. Ashworth noted that in the summer months there might be some concerns with noise since people leave the doors and windows open more. The expansion should help addressed these concerns. She commented that the Hana Japan Restaurant located within the center could not hear the music. Cm. North had concerns with the noise levels and noted that Condition #5 of the previous Conditional Use Permit stated, in part, that no music shall be permitted to project outside of the building. Ms. Ashworth indicated she was not trying to project the music outdoors. Cm. Burnham asked what was the allowable noise levels permitted outdoors. Ms. Ashworth stated that Dublin did not have regulations for dB levels. Regular Meeting PCM-1993-59 June 21, 1993 [6-21min] ~ ~ ~ Cm. Burnham commented that what might be considered loud for one neighbor may not bother someone else. Mr. Tong explained that the City's noise ordinance was not geared towards level of noise. It regulated the time of day, such as 2 p.m. versus 2 a.m., and if the noise carried over property lines. At this point, it would be up to the Police to enforce the restrictions. Amelia Andalen, stated that she sent a letter to the City regarding her concerns which was part of the staff report (Attachment 3). She had concerns with the noise level, especially in the summer months. She had no objections to the expansion if her concerns were addressed. She noted that there were concerns with traffic and parking at the Kildara development; however, these issues have been taken care of. Mr. Michael Osur, Kildara Homeowner's Association President, felt that the Applicant has been reasonable and accommodating regarding the concerns addressed at their meeting. He indicated that the establishment was a good business and the Board was in favor of the expansion. Gm. North referred to page 13 and asked if a sound consultant should review the concerns. Mr. Osur stated that if there were additional problems with the noise levels, this might be a good idea; however, if the doors were kept closed the concerns might be addressed. He also commented that there have not been any parking problems since the active towing policy has been in place. Cm. North asked about the potential for a noise study as a condition of approval. Cm. Zika closed the public hearing. Cm. North commented that it was nice to hear from residences that were in favor of the project. Cm. Zika stated that the neighbors and the Applicant had taken the initiative to talk with each other and work out their differences. Cm. Burnham concurred with Cm. North and Cm. Zika. On motion from Cm. North, seconded by Cm. Rafanelli, and with a vote of 4-0, the Planning Commission adopted RESOLUTION NO. 07 - 93 Regular Meeting PCM-1993-60 June 21, 1993 [6-21minJ . ~ ~ ~ APPROVING PA 93-021 LYON'S BREWERY EXPANSION CONDITIONAL USE PERMIT FOR A 1,323 SQUARE FOOT EXPANSION OF THE EXISTING BEER AND WINE PUB WITH PUBLIC DANCING AND LIVE MUSICAL ENTERTAINMENT AT 7294 AND 7296 SAN RAMON ROAD NEW OR UNFINISHED BUSINESS Cm. North asked what the status was regarding the Tri-City Baptist traffic study. Mr. Ton indicated that the 9 Senior C' , ivil Engineer was res onsible for ~ P com letin the traffic s P g tud and w y as scheduled to finish it by last Friday. Mr. Tong was not able to confirm the completion of the report. Cm. North asked how long would it take to bring the application back to the Commission. Mr. Tong explained that if the project was modified to include the traffic impact fee as part of the project and there was no potential environmental impact, the public hearing could be noticed within two weeks. If the fee was not part of the project, the application would require a Negative Declaration and would take at least 3 weeks for noticing. OTHER BUSINESS Mr. Tong indicated that the St. Raymond's project had been appealed and would be heard before the City Council sometime in July. Several property owners were involved in the appeal request. COMMISSIONER'S CONCERNS Cm. Zika referred to the upcoming Enea Plaza parcel split application and indicated that, historically, this type of project was reviewed by the Planning Commission. He had concerns with splitting parcels and asked why this issue would not come before the Planning Commission. Mr. Tong explained that this application was very straight forward and felt that all of the issues could be addressed at the Staff level. The management audit streamlined the processing of parcel split applications; however, the Zoning Administrator's decision can be appealed to the Planning Commission. Cm. Zika was concerned with reciprocal and utility easements. Mr. Tong noted that the property lines did not following the utility lines. Physically, you would not see any changes in the property. Legally, or technically, there was the need to provide services for all of the businesses. Regular Meeting PCM-1993-61 June 21, 1993 [6-21min] . . , . ~ ~ ~ Cm. Zika asked if there were any maintenance concerns. Mr. Tong indicated Staff did not see any problems. He reiterated that any action taken by the Zoning Administrator can be appealed. ADJOURNMENT The meeting was adjourned at 8:10 p.m. Respectfully submitted, anning ommissi Chairperson ~ Lau ence L. Tong Planning Director Regular Meeting PCM-1993-62 June 21, 1993 [6-21min]