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Home My WebLink About10-28-2014 PC Minutes A Ai Planning Commission Minutes Tuesday, October 28, 2014 CALL TO ORDER/ROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, October 28, 2014, in the City Council Chambers located at 100 Civic Plaza. Chair Bhuthimethee called the meeting to order at 7:00:05 PM Present: Chair Bhuthimethee; Vice Chair Goel; Commissioners Do and O'Keefe; Jeff Baker, Assistant Community Development Director; Kit Faubion, City Attorney; Kristi Bascom, Principal Planner; Marnie Delgado, Senior Planner; and Debra LeClair, Recording Secretary. Absent: Cm. Kohli ADDITIONS OR REVISIONS TO THE AGENDA — NONE MINUTES OF PREVIOUS MEETINGS — On a motion by Cm. Do and seconded by Cm. O'Keefe, on a vote of 4-0-1, with Cm. Kohli being absent, the Planning Commission approved • the minutes of the August 26, 2014 meeting. ORAL COMMUNICATIONS — NONE CONSENT CALENDAR — NONE WRITTEN COMMUNICATIONS — NONE PUBLIC HEARINGS — 8.1 PLPA-2014-00051 Zoning Ordinance Amendment to Chapter 8.76 (Off-Street Parking and Loading) related to the Village Parkway Pilot Parking Program. Kristi Bascom, Principal Planner, presented the project as outlined in the Staff Report. Chair Bhuthimethee asked if the parking standard for new construction is 1 space for every 300 sf and if that is part of the pilot program. Ms. Bascom answered yes. Chair Bhuthimethee asked if the 1 space per 300 sf standard is regardless of use type. Ms. Bascom answered yes. Cm. Do asked if Staff had received any negative comments regarding the pilot program. Ms. Bascom answered no; Staff received feedback from three property owners/managers but it was all positive. 'd r nrung.1_ortnizsAion Oct°bc;°2=, 4814 4-141pEL27 i6 c'ett'ii Cm. O'Keefe asked if there had been any anecdotal feedback over the two year program that was negative. Ms. Bascom answered no. Cm. O'Keefe asked if there had been any interest in new restaurants in the area. Ms. Bascom answered that there are a few and asked Mr. Baker to respond. Jeff Baker, Assistant Community Development Director, answered that China Village closed and Rhama Market had purchased the building and will have a market/restaurant there. He stated that there is also a brewery opening that will benefit from this program. Cm. Goel asked Ms. Bascom to point out where the two businesses mentioned are located. Ms. Bascom pointed out their locations. Cm. Goel asked if the current business owners were concerned that there could be an increase in the parking usage with these two restaurants coming. Ms. Bascom stated that Staff conducted outreach asking for feedback from business/property owners and only received positive feedback. She added that all business/property owners were notified of the community meeting to discuss the program. Cm. Goel asked, if there was an issue with parking, would the business/property owners be able to revisit the program and change it. Ms. Bascom responded that the City Council could amend the Zoning Ordinance to rescind the program. She stated that the property owners and/or tenants could reach out to the City to let Staff know that there is an issue and then the City Council could decide to re-examine the zoning ordinance. Cm. Goel asked if she was indicating that the program can be re-evaluated if there was an issue. Ms. Bascom answered yes. Chair Bhuthimethee asked if there has been any apprehension from potential businesses that the parking program is temporary. Ms. Bascom answered no; however, the parking standards would be permanent for the business once they are established. Cm. Goel asked if the parking program is considered an entitlement to the business. Ms. Bascom answered that their use is considered an entitlement, once they have established the use at the location; the business can stay at that location. Cm. Goel asked, if there was an issue with parking, how that would be handled. (pt4"t}]f October 28,20.' `Regular;tee':fl P a g e 3 149 Ms. Bascom answered that the City Council could re-evaluate the program from that point forward, to amend the ordinance and close the program, but any use that was already established could continue to exist. Cm. Goel was concerned that the pilot program could create circumstances where a new business could impact an existing business and they are losing revenue, but there is no ability to mitigate the situation. Mr. Baker felt that the situation would be similar to the existing standards for a typical shopping center where a successful business moves in and the parking is not adequate but meets the standard for the entire shopping center. He stated that the City Council could amend the ordinance and rescind the program so that there would not be any additional impacts, but the existing businesses would be allowed to remain. Cm. Goel if the standard in other areas is 1 space per 300 sf or is that the lower standard. Ms. Bascom answered that 1 space per 300 sf is the retail parking standard, but restaurants have a higher parking standard. Cm. Goel asked what the standard is being reduced to. Ms. Bascom answered that the parking standard is being waived entirely in this area. She stated that, when a business owner is looking for a space, they would contact the City regarding their use and the parking standards associated with that use. She stated that there could be a use allowed but there would not be adequate parking to meet the standards. She stated that the tenant space that the new brewery is occupying would not have been leasable to a restaurant because the parking on that site is not adequate for that use, but because of the pilot program it will be allowed. Cm. Goel felt that this program could be viewed as an economic incentive to bring new business to the area. Ms. Bascom answered yes. She stated that the program was created by looking at ways to incentivize the re-tenanting of spaces and the re-use of existing buildings on Village Parkway in a more intense way. Cm. O'Keefe asked why Staff recommended a five year extension instead of another two years. Ms. Bascom answered that Staff felt that they needed more time to evaluate the program. Cm. Do asked if there was a way for new businesses to be directed to the Village Parkway area first instead of towards all the new development, i.e. Persimmon Place or Fallon Gateway. Ms. Bascom answered that many potential businesses contact economic development and discuss their business with Staff who would steer them to the location that would have the most potential for their business. She stated that the downtown is a big focus for the City so Staff may point them in that direction, but the business owner may be looking for something specific. Cm. Do felt that the pilot program helps to attract new business to the Village Parkway area. 1,64n ni {".'17177,'3'w:um 0;88888 28,2014 ,Psepy4188'4489(48,:i 0 age 150 Ms. Bascom agreed that the program helps make the area more attractive for uses that might not be able to go there if not for the program. Chair Bhuthimethee opened the public hearing and, having no speakers, closed the public hearing. On a motion by Cm. Goel and seconded by Cm. Do, on a vote of 4-0-1, with Cm. Kohli absent, the Planning Commission adopted: RESOLUTION NO. 14 - 52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A ZONING ORDINANCE AMENDMENT TO CHAPTER 8.76 (OFF-STREET PARKING AND LOADING) RELATED TO THE VILLAGE PARKWAY PILOT PARKING PROGRAM 8.2 PLPA-2014-00031 Amendments to Dublin Zoning Ordinance Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted Uses of Land), 8.40 (Accessory Structures and Uses Regulations), 8.64 (Home Occupations Regulations), 8.76 (Off- Street Parking and Loading Regulations), and 8.116 (Zoning Clearance) and the creation of Chapter 8.65 (Cottage Food Operations) Mamie Delgado, Senior Planner, presented the project as outlined in the Staff Report. Cm. Do asked how many cottage food operations are located within the City of Dublin. Ms. Delgado answered that there are currently 5 or 6. Chair Bhuthimethee asked how Staff decided on 2% within high density residential areas. Ms. Delgado answered that Staff looked at different ways to allow them without being overly restrictive. She stated that Staff felt that, within high density residential areas, the 300 foot radius was overly restrictive and that 2% was a reasonable amount. She stated that, within a 300 unit apartment complex at the Dublin Transit Center, there could be 5-6 cottage food operations. Staff built in a Minor Use Permit (MUP) process so that additional cottage food operations could be evaluated if they reached the 2% maximum. Chair Bhuthimethee asked if the business owner could operate "by right" in a high density development. Ms. Delgado answered that the first 5-6 operations would be by right, but the next one that would bring the number over 2%; they would be required to apply for an MUP. ,1'tiur mni Commission October 2S,2014 eguiar;44eeii ng 1',a e 1 151 Cm. O'Keefe asked if the current cottage food operation businesses have ever generated enough traffic to cause a nuisance. Ms. Delgado answered no. Kit Faubion, City Attorney, stated that the legislation was specifically intended for small operations, and if the business needed more employees or would generate more income, they must move to a commercial operation. Chair Bhuthimethee felt that if 2% is too limiting, the City could change it to 3%. She also felt that if there are only 5-6 current cottage food operations throughout the City, that 2% would be adequate. Mr. Baker responded that the 2% only applies to high density residential that have multiple floors where the 300 foot radius would not make sense. Chair Bhuthimethee opened the public hearing and having no speakers, closed the public hearing. On a motion by Cm. Do and seconded by Cm. O'Keefe, on a vote of 4-0-1, with Cm. Kohli absent, the Planning Commission adopted: RESOLUTION NO. 14-53 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTERS 8.08 (DEFINITIONS), 8.12 (ZONING DISTRICTS AND PERMITTED USES OF LAND), 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), 8.64 (HOME OCCUPATIONS REGULATIONS), 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS), AND 8.116 (ZONING CLEARANCE) AND THE CREATION OF CHAPTER 8.65 (COTTAGE FOOD OPERATIONS) 8.3 PLPA-2013-00031 Housing Element Update (2015-2023) General Plan Amendment Marnie Delgado, Senior Planner, presented the project as outlined in the Staff Report. Chair Bhuthimethee opened the public hearing, and having no speakers, closed the public hearing. On a motion by Cm. O'Keefe and seconded by Cm. Do, on a vote of 4-0-1, with Cm. Kohli absent, the Planning Commission adopted: RESOLUTION NO. 14- 54 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN 0' znrtir i(o mission Octra,er28,2014 4c u&ir eetirig age 1 1.52 RECOMMENDING CITY COUNCIL ADOPTION OF A NEGATIVE DECLARATION FOR THE 2015-2023 HOUSING ELEMENT UPDATE RESOLUTION NO. 14-55 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF A GENERAL PLAN AMENDMENT FOR THE 2015-2023 HOUSING ELEMENT UPDATE NEW OR UNFINISHED BUSINESS — NONE OTHER BUSINESS - NONE 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 Jeff Baker presented Cm. O'Keefe with a Certificate of Appreciation for his service to the City of Dublin. Chair Bhuthimethee thanked Cm. O'Keefe for his service and commended him for his dedication to the City of Dublin. 10.3 Mr. Baker advised the Planning Commission that the next meeting, scheduled on November 11th, Veterans Day, will be canceled, as well as the meeting scheduled for November 25th. He stated that the next meeting will be Dec 9th 10.4 Mr. Baker advised the Planning Commission that the City Clerk is currently accepting applications, for consideration by the Mayor, to serve on the Planning Commission. He reminded Chair Bhuthimethee that her first term ends in December and to submit an application if she would like for the Mayor to consider her for a second term. ADJOURNMENT—The meeting was adjourned at 7:41:13 PM Respectfully submitted, 6.77---- Plarthing Commission Chair ATTEST: Jeff yak r ,F Assistant Community Development Director G:IMINUTES120141PLANNING COMMISSIOM10.28.14 FINAL PC MINUTES(CF).doc .3'tntrt.fnq(`ammis,zon October 28,2014 'XegukarMeeting 2'a a e 1 1.53