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HomeMy WebLinkAbout08-09-2011 PC Minutes~~. ~~ Plannin Commission Minutes g Tuesday, August 9, 2011 CALL TO ORDER/ROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, August 9, 2011, in the City Council Chambers located at 100 Civic Plaza. Chair Brown called the meeting to order at 7:00:49 PM Present: Chair Brown; Vice Chair Wehrenberg; Commissioners Schaub, O'Keefe, and Bhuthimethee; Jeff Baker, Planning Manager; and Debra LeClair, Recording Secretary. Absent: None ADDITIONS OR REVISIONS TO THE AGENDA -NONE MINUTES OF PREVIOUS MEETINGS - On a motion by Cm. Wehrenberg, seconded by Cm. O'Keefe the minutes of the July 26, 2011 meeting were approved with advised changes. ORAL COMMUNICATIONS -NONE CONSENT CALENDAR -NONE WRITTEN COMMUNICATIONS -NONE PUBLIC HEARINGS - 8.1 Appeal of a Community Development Director Determination regarding Section 8.76.040.M.2 (Small Tenant Space) and Interpretation regarding Section 8.40.030.G.6 (Retail Sales) as they relate to the proposed Sahara Market expansion at 6783/6777 Dublin Boulevard. Jeff Baker, Planning Manager, stated this item is a continuation from the previous Planning Commission meeting where the Commission had granted the request for a continuance. He stated City Staff and the property owner are working together on a resolution on the item which include issues greater than the Sahara Market expansion. He stated that based on the on-going discussions, the Appellant and City Staff are requesting that the Planning Commission continue the item to a date uncertain while they continue to work to resolve the issues. Cm. Wehrenberg was concerned and felt that the Commission had been gracious in continuing the item to this meeting and asked what the requirement is for action on an appeal. Mr. Baker stated the code requires that an appeal be heard by the Planning Commission within 45 days and take action within 75 days. He continued, at the previous meeting the Appellant exercised his right to .waive the 45 day requirement and has now waived his 75 day requirement with a request to hold a hearing on or before September 27th. He stated that if the item is not resolved the appeal will come back to the Commission for a public hearing, but if the issue is .resolved, the Appellant would withdraw his appeal. 102 Cm. Schaub asked who will be paying for the Planning Commission meeting tonight. Mr. Baker stated this is a regular Planning Commission meeting funded by the City. He stated that Staff is working with the Appellant and the property owner and Staff is in full support of the continuance in order to bring this issue to a satisfactory resolution for everyone. Chair Brown asked Mr. Baker if he felt this issue would be resolved. Mr. Baker answered that the property owner has concerns and issues that go beyond the Sahara Market expansion. He felt they have a solution to those issues and some initial understandings with the property owner and are continuing to work to achieve a resolution. Cm. Wehrenberg asked if Staff had walked the site. Mr. Baker answered yes. Cm. Wehrenberg stated she was prepared for the meeting for the second time and was disappointed that it was being continued again. Cm. Schaub stated he had not dealt with this type of issue before and felt sorry for the true Applicant which is Sahara Market and asked if Sahara Market would be required to return to the Planning Commission or could the issue be resolved by the Appellant withdrawing their appeal. Mr. Baker answered they can withdraw their appeal. Cm. Schaub was concerned that if every ApplicantfAppellant asked for a continuance more than once it would be difficult to approve any project. He felt that at some point the Commission must require the Applicant/Appellant to appear before the Commission to have their issue heard. Cm. Wehrenberg stated she would reconsider continuing this item again. Cm. Schaub was concerned about the actual Applicant that has not been able to move forward with their expansion and therefore is missing out on months of revenue. Cm. Wehrenberg and Cm. Schaub asked if the Commission could deny the request to continue the item and discuss it now. Cm. Wehrenberg stated that the Commission could agree or disagree with Staffs recommendation and be done with the issue. Mr. Baker answered that Staff's strong recommendation would be to continue the item based on his discussions with the property owner. Cm. O'Keefe asked if the issue is resolved before the Planning Commission meeting in September, will Ms. Ram be required to amend her ruling. Mr. Baker answered no, and felt Staff is hopeful they will achieve a resolution but that resolution would not change the director's determination and interpretation. 103 Cm. Bhuthimethee stated the Commission's choices are to affirm, affirm in part or overrule the determination. She felt that the Director's determination will stand no matter haw the project is interpreted or if the site is changed through design; the Applicant must comply with that determination. Mr. Baker stated that the issue goes beyond the Sahara Market project and the CDD's determination. He stated there are larger concerns by the property owner and that is what is stalling the project. He stated that Staff is attempting to resolve those greater issues which will also enable Sahara Market to move forward. Cm. Schaub asked if the public hearing is open. He felt that the Commission should be able to discuss their concerns whether the Appellant is in attendance or not. He asked if the Commission can discuss their concerns now and ensure they are in the public record. Mr. Baker stated that the Commission has the ability to hold a hearing and discuss the item, but the statements should be limited to the issue at hand. He stated Staff is aware of certain issues at the site and they are working with the property owner to resolve those issues. He stated the ultimate goal is to al{ow Sahara Market to move forward with their expansion and continue to be a successful business while addressing the larger picture issues with the property owner. Cm. Schaub was concerned that the Commission can open up a discussion on other issues if they have not been dealt with. He felt that if those issues are not resolved the issue could continue for a long time. Mr. Baker stated what is before the Commission is to affirm, affirm in part or reverse the determination and does not go beyond that. On a motion by Cm. Wehrenberg and seconded by Cm. Schaub, on a vote of 5-0, the Planning Commission unanimously moved to continue the project to a date uncertain: RESOLUTION NO. 11-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN AFFIRMING THE COMMUNITY DEVELOPMENT DIRECTOR'S DETERMINATION REGARDING SECTION 8.76.040.M.2 (SMALL TENANT SPACE) AND INTERPRETATION REGARDING SECTION 8.40.030.G.6 (RETAIL SALES) AS THEY RELATE TO THE PROPOSED SAHARA MARKET EXPANSION 6783/6777 DUBLIN BOULEVARD (APN 941-0205-001-56) NEW OR UNFINISHED BUSINESS -NONE OTHER BUSINESS -NONE •~~ 104 10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). 10.2 Mr. Baker and the Commission discussed the meeting schedule for the remainder of the year. 10.3. Mr. Baker shared that the Montessori Plus Day Care Center CUP/SDR that was approved at the July 26th meeting has been appealed to the City Council. ADJOURNMENT -The meeting was adjourned at 7:15:13 PM Respectfully submitted, Alan Brown Chair Planning Commission ATTEST: l..__- Jeff ak Planning Manager G:IMWUTES120111PLANNING COMMISSlON108.09.11 FINAL PC Minutes.docx