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HomeMy WebLinkAbout11-10-1997 PC MinutesA regular meeting of the City of Dublin Planning Commission was held on Tuesday, November 10, 1997, in the Dublin Civic Center City Council Chambers. The meeting was called to order at 7:00 p.m. by Chairperson Jennings. ROLL CALL Present: Commissioners Jennings, Johnson, Hughes, Oravetz, and Musser; Eddie Peabody Jr., Community Development Director; Jeri Ram, Associate Planner, Lieutenant Chuck Farruggia, and Gaylene Burkett, Recording Secretary. PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Jennings led the Commission, Staff, and those present in the pledge of allegiance to the flag. ADDITIONS OR REVISIONS TO THE AGENDA The minutes of the October 28, 1997, meeting were approved as submitted. ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None PUBLIC HEARING 8.1 PA 97-034 Athens By Night Conditional Use Permit. This conditional use permit application is to allow public dancing in an existing restaurant. This activity would take place on Thursday, Friday and Saturday evenings, from 5:00 p.m. until 2:00 a.m. Cm. Jennings asked for the staff report. Ms. Ram presented the staff report. She stated this was an existing business that wished to expand their business by adding music and dancing. In addition, they were expanding their restaurant by 900 square feet into a now vacant space next to their existing business. Staff had received one phone call and one letter from Mr. Kitchen who lived at 6401 Ebensberg Lane. Mr. Kitchen protested the project due to noise problems late at night. Staff has written three conditions, based on Mr. Kitchen's concerns. The conditions included having employees use the garbage bin furthest away from the residences; extending the existing sound wall from four to six feet; and having a security guard on duty in the evening to help monitor the parking area. With those conditions added, Regular Meeting 104 November 10, 1997 [11-10 pcmi] staff recommends that the Planning Commission adopt the Resolutions approving the mitigated Negative Declaration and the Conditional Use Permit for Athen's at Night. Cm. Jennings opened the public hearing and asked if the applicant was present. Mrs. Taxidis, the applicant, stated that they had been there almost 3 years and have been very successful. They like Dublin and the location. They wish to stay and expand their business into a nice place to have dinner and listen to authentic Greek music. There would be a 3-4 person band playing gentle music during dinner, and after dinner, there would be different groups performing authentic dance to their culture. There would be a belly dancer for 1-2 songs. She stated there was a large Greek population in the area, and different groups would perform. The audience could participate and this would be a great place for Greek food and dancing. Cm. Oravetz asked what the belly dancer would do. Mrs. Taxidis stated that she would dance maybe a couple of dances and then there would be other entertainment. Cm. Jennings asked if anyone else would like to speak. Mr. Joseph Kitchen, 6401 Ebensburg Lane, stated that he was against the project. He stated that he has not had problems with the existing business; however, he has had past issues with the sports bar. There were people who lingered in the parking lot at 2:00 a.m. or later, played their radios loud, and he had to call the police department several times. He stated his wife and himself were the ones who would have to suffer if there was a 6 month wait to see if a security guard was needed. He asked the Planning Commissioners to consider the quality of life for him and his wife. Cm. Hughes asked Mr. Kitchen that if the security guard was in place, wouldn't you still have some of the same problems of people talking as they walked to their cars and people starting their engines at 2:00 a.m. Security guards do not regulate every evil, they were there only to regulate if there was a problem. Mr. Kitchen stated security guards are not always that effective, but it would be better than him looking out his window at 2:00 and cussing because there is no one to monitor the situation. Cm. Hughes asked Lt., Farruggia about the effectiveness of the security guard at Taco Bell and the sign posted that asks people to be a good neighbor. Lt. Farruggia stated that generally a security guard has an impact on people; it will keep an honest person honest. Sometimes it may only take a person in a uniform to get people to comply. The clientele for Athen's was different that of a sports bar where a security guard may then get into a confrontation. His experience was that a security guard generally solves the problem, but in this case, the decision must be made if a security guard was needed before a problem exists. Cm. Hughes had a concern that we were trying to over-regulate a non-existing problem. Cm. Oravetz felt that there was a problem with the sports bar and we should start out with a security guard; it should be reviewed in a month or two to see if the security guard was still needed. Cm. Jennings closed the public hearing and asked the Planning Commission for comments. Cm. Oravetz felt that there should be some conditions added to this use. The project should have a security guard to start and if there was no need for the security guard in a few months it could be eliminated. Regular Meeting 105 November 10, 1997 [11-10 pcmi] Cm. Johnson felt if the security guard was there to begin with, then there won't be any problems. If you get rid of the security guard then you might start having problems. Cm. Oravetz felt that if there was a problem, Mr. Kitchen would have to put up with the problem for 6 months and that was not acceptable. Cm. Hughes felt that all the evidence shows that the owners of Athens were responsible people and the desire to be good neighbors will extend to 2:00 in the morning. He felt that if there was a problem, the owners would be responsible and take care of the problem. He felt the applicant deserved the right to try to regulate themselves and was concerned of over-regulating this project. Cm. Oravetz asked if what Cm. Hughes was suggesting was that if there was a problem, we can pull the permit for the dance floor from the owners. Cm. Hughes stated that was not what he was saying. He was saying that the conflict was whether or not a security guard will be needed. You can have the condition read, if the Planning Department receives complaints from citizens and the problem was warranted, the Planning Department could notify the owner they need a security guard. Cm. Jennings stated that the applicant was not opposed to a security guard, they were opposed to the security guard starting at 5:00 p.m. and would like to have the guard start at 8:00 p.m.. Mrs. Taxidis agreed with Cm. Jennings. Cm. Jennings suggested that a sign could help to inform the public that there were residential houses near by and to try to keep the noise level down. Mr. Peabody stated that the sign at Taco Bell was a long story, and they were required to put the sign up and security because of numerous complaints from several neighbors. Cm. Jennings asked Ms. Ram why the height of the wall was put in the conditions. Ms. Ram stated that was try to and mitigate the noise problem. She stated Staff could review this in six months and check how many complaints have been received with the police department. If necessary we could then require a security guard. Cm. Hughes stated that two feet of sound barriers will not make that much difference. He would like to see the sound barrier wall come down. The consensus was to modify the conditions and Staff will review the Conditional Use Permit in six months after the business opens for public dancing and if there were numerous complaints Staff can require a security guard after 10:00 p.m. Cm. Oravetz wanted to keep the conditions to require a security guard. Cm. Hughes stated that he does not want to see mandatory language which will impose a great deal of expense because of one or two complaints from a single residence. It would need to be a fair discussion between all the residents and the applicant of Athens by Night. Mr. Kitchen stated that his bedroom window was lined up with the parking lot of Athens. His neighbors bedrooms are not lined up with the restaurant. Some of the neighbors will not be affected by the project. Regular Meeting 106 November 10, 1997 [11-10 pcmi] Mr. Peabody stated that the condition could be written to say this matter involving noise or noise complaints will come before the Planning Commission and they may add a condition requiring a security guard if so appropriate. On motion by Cm. Hughes, seconded by Cm. Johnson, with a vote of 5-0 and with amendments to condition numbers 13 and 15, the Planning Commission unanimously adopted RESOLUTION NO. 97 - 25 APPROVING PA 97-034 MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING PROGRAM AND CONDITIONAL USE PERMIT REQUEST FOR ATHENS BY NIGHT PUBLIC DANCE FLOOR 8.2 PA 97-033 Shell Service Station Conditional Use Permit and Site Development Review This project is a component of a larger project ("the Santa Rita Commercial Center Project"), which also includes a rezoning and a development agreement which the City previously approved on January 31, 1995. The application is for a Conditional Use Permit for a gasoline service station located on 7,100+__ square feet lot north of the main entrance to the 53 acre Hacienda Crossings shopping center adjacent to Hacienda Drive, APN 986-001-0001-10. Cm. Jennings asked for the staff report. Ms. Ram presented the staff report. She stated that the proposed Shell Gasoline Station would include a small convenience store as well as a drive-through car wash. The project would be located within the boundaries of a Planned Development Zoning District that was approved for the Santa Rita Commercial Center Project. The Planned Development regulations require gasoline service stations in this area to secure a Conditional Use Permit. The Conditional Use Permit Application process evaluates proposed projects in relation to certain criteria to determine if the project is appropriate for a specific site. The proposed location for the Shell Station has been evaluated as part of the Mitigated Negative Declaration for the Santa Rita Commercial Project. It meets the intent of the Planned Development Zoning District for the Site and is consistent with the City of Dublin's General Plan and Eastern Dublin Specific Plan. She recommended that the gas station be built to match the shopping center. In response to staff recommendations, certain condition of approval have been made as part of this application. Ms. Ram also noted that condition number 111 of the Public Works Standard Conditions of approval should be eliminated as it was not applicable to this project. Chris Christensen, Shell Oil, Applicant, agreed with Ms. Ram and that the gas station should match the shopping center. He stated that the service was needed in the area. The car wash will be free with a fill up and there will be a convenience store. Cm. Oravetz asked from the six million dollars a year, how much was from gas and how much came from the convenience store. Mr. Christensen stated that 85% was gas. Cm. Oravetz asked if they were concerned with the Shell station in Pleasanton being so close. Mr. Christensen stated he was not concerned. He stated that the Shell station almost completed on Dougherty Road was closer. Cm. Oravetz asked if the car wash a drive through type. Mr. Christensen responded yes. Regular Meeting 107 November 10, 1997 [11-10 pcmi] Cm. Johnson asked what kind of population was required to support this type of filling station. Mr. Christensen stated that it does not make any difference. They were more concerned with car counts. Cm. Jennings closed the public hearing. Cm. Oravetz asked how many parking spots will be available. Ms. Ram stated that there will be approximately 5,000 parking spots for the entire shopping center. On motion by Cm. Oravetz, seconded by Cm. Hughes and with a vote of 5-0, with modifications to condition 111, the Planning Commission unanimously adopted RESOLUTION NO. 97 - 26 APPROVING PA 97-033 CONDITIONAL USE PERMIT REQUEST FOR SHELL GASOLINE STATION NEW OR UNFINISHED BUSINESS 9.1 Downtown Task Force update Cm. Oravetz did a brief summary of the last Downtown Task Force meeting. ADJOURNMENT The meeting was adjourned at 9:15 p.m. Respectfully submitted, ATTEST: Planning Commission Chairperson Community Development Director Regular Meeting 108 November 10, 1997 [11-10 pcmi]