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HomeMy WebLinkAbout04-22-2003 PC MinutesCALL TO ORDER A regular meeting of the City of Dublin Planning Commission was held on Tuesday, April 22, 2003, in the Dublin Civic Center Regional Meeting Room. Cm. Jermings called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners, Jennings, Nassar, and King; Jeri Ram, Planning Manager; John Bakker, Assistant City Attorney; Janet Harbin, Senior Planner; Jonelyn Whales, Associate Planner; Marnie Waffle, Assistant Planner; Ray Kuzbari, Senior Civil Engineer; Rose Macias, Community Safety Assistant; and Maria Carrasco, Recording Secretary. Absent: Cm. Fasulkey 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 Public Hearing 8.3 was moved forward in front of item 8.1 due to the amount of people who wished to speak on that item. MINUTES OF PREVIOUS MEETINGS The minutes of April 8, 2003 were approved as submitted. ORAL COMMUNICATION - None WRITTEN COMMUNICATIONS - None PUBLIC HEARINGS 8.3 PA 00-017 Valley Christian Center Expansion & Master Plan - General Plan Amendment, Planned Development Rezoning Stage I & 2 Development Plan, Conditional Use Permit, Site Development Review and Draft/Final Environmental Impact Report Cm. Jennings opened the public hearing and asked for the Staff report. Janet Harbin, Senior Planner presented a PowerPoint presentation for the project. The proposed project area is located within the westerly portion of Dublin and contains approximately 50 acres of land. The site lies north of the 1-580 freeway and Dublin Boulevard and west of the terminus of Betlan Drive at 7500 Inspiration Drive in the western hillside area. The project site is located on a large knoll within the west hillside area, which overlooks central Dublin to the east and portions of Pleasanton to the south. The site is characterized by steeply sloping hillsides facing Dublin Boulevard and the 1-580 freeway and properties to the east. Existing topographic elevations range from a low of approximately 550 feet above sea level to a height of approximately 830 feet at the top of a small knoll at the very northerly portion of the site. The proposed project includes approval of a Master Plan Development program for Valley Christian Center consisting of: a Planned Development Rezoning and Development Plan (Stage I and 2) for the expansion of several buildings; a Tentative Parcel Map to subdivide the property into three separate parcels; a General Plan Amendment for 1.4 acres for future development of multi-family housing; a Conditional Use Permit and Site Development Review for the interim use of modular buildings and an electronic reader board; and, an Environmental Impact Report (EIR) for the Valley Christian Center. The requested entitlements would allow the expansion of the existing 118,300 square foot religious facility and school on the site by 187,000 square feet. The proposed General Plan Amendment, Planned Development Rezoning, Conditional Use Permit, Site Development Review, and Tentative Parcel Map request for the Valley Christian Center (VCC) would be consistent with the Dublin General Plan and Dublin Zoning Ordinance. The project would accommodate the future growth of the church and the related school campus, and provide necessary semi-public facilities for use by the community and residents of Dublin. Ms. Harbin concluded her presentation and stated that Staff recommends approval of the General Plan and Planned Development Rezone to the City Council and approval of the Conditional Use Permit/Site Development Review and Tentative Parcel Map. Staff also recommended a few changes to the development plan of the reader board sign and the Conditional Use Permit and Site Development Review for the modular buildings would be valid for five years after the Rezoning is approved by the City Council. Staff also recommended that any future proposals to light the playing field would be subject to Site Development Review. The height increase up to 75 feet of the sanctuary will be allowed. Ms. Harbin stated that the EIR consultant and traffic engineer are available for questions. Ray Noah, Sr. Pastor of Valley Christian thanked the Planning Commission for considering their project. Mr. Noah stated that they play a vital part of the community and that they challenge and equip the members of the church to be involved and help improve the community. He gave a brief history of the church and asked the Commission for their partnership and approval of their project. Jerry Loving, Architect, thanked Ms. Harbin for all of her work on the project. He advised the Commission of all the details of the Master Plan, buildings, parcels, school expansion, and presented a PowerPoint of the project. He stated, for the record, that an Alzheimer use was considered in the past but would not be in the future plan before the Commission. He concluded his presentation and offered to address any questions. Cm. Nassar asked about future development for parcel 3. Mr. Loving stated there is no plan for parcel 3. Cm. Nassar asked the percentage of students that are from Dublin. Pastor Noah stated he was unsure but felt that the majority are from Dublin. Brent Wood, 10750 Inspiration Circle, had questions about traffic peak hours. The draft EIR shows 400 cars beyond the turn in but the next two driveways shows approximately 500 cars turning in. Also the EIR shows Hansen Ranch with 108 family homes and the correct number should be 180 homes. The study also quotes no illegal left hand turns coming out of the property and only two of the driveways have no left turn signs at this time. He stated that he has witnessed many students turning left from there and he has seen many accidents. He stated he approves of the project but the school needs to do something about the traffic. He thanked VCC for putting together a nice presentation and meeting with the homeowners in the area. Eddie Jo Mack, 7000 Ann Arbor Way, stated she concurs with the Pastor. She has been a member of the church for 36 years and has been instrumental in working with the City. David Kruss, 10777 Inspiration Circle, stated he is the current president of the Hansen Ranch Home Owners Association. He said that the traffic issues for the area would not be resolved. The traffic reports are from 2001 and does not relate to afternoon traffic. The traffic study does not include P.M. counts for some of the driveways there, which is significantly different than what is shown in the document. The area of Dublin Boulevard that serves Inspiration Drive to Silvergate is a two lane that does not have streetlights. The proposal indicates a traffic signal at Silvergate and Dublin Boulevard and a street widening from Silvergate to Hansen, which will do nothing. There are no streetlights after Inspiration Drive, which is a problem for the neighborhood. The traffic issues need to be resolved. Dennis Ackley, 7873 Cranford Lane, stated he is in full support of the proposal. Loraine Demmel, 11674 Los Ranchitos Court, stated she is sold out for the community of Dublin and in favor of growth. Steve Cox, 10765 McKay Lane, stated a traffic signal needs to be installed prior to the expansion of Valley Christian Center. Rose Rose, 10738 Inspiration Circle, stated that Valley Christian is a very good thing for our City. She addressed fire safety and her concerns with emergency access to the area. She would like to see better planning in that area to avoid a disaster. Tina Corso, 11220 Bay Laurel Street, stated she is not thrilled with the houses proposed by Valley Christian. She said that VCC would be doubling the number of employees. The site is on an earthquake study zone, old mudslide and there is a wetland. She asked who would want to buy a house there and the purpose of the homes. Are they for senior housing? Mr. Loving responded it is great place for housing. The final design has not been developed. All the issues related to the site will be addressed. Ms. Corso stated Dublin Boulevard has to be widened and she is in opposition to the project. Fred Gilley, 10958 Inspiration Circle, also had concerns with the traffic issues and the high- density housing proposed. He stated he is against the project. Verne Cowles, 10857 McPeak Lane, stated he is opposed to the rezoning and the housing development. Dr. Michelle Brennan-Cooke, 7437 Brigadoon Way, stated there is a wetland on the proposed site and is opposed to the rezone request to allow residential use. Kim Kuzma, 10724 Wallace Lane, stated she resents the fact that all traffic is routed down Dublin Boulevard and is opposed to the residential housing. Cm. Jennings asked if there were any other speakers related to Valley Christian Center. Upon hearing none, she closed the public hearing. Mr. Loving asked to address the issues raised by the residents. Cm. Jennings re-opened the public hearing. Mr. Loving stated that Chris Kinzel would address the traffic issues. The Sports Complex is already located on the site. The school will not double in size - they are adding 200 students. The corner they are proposing for houses has been identified in the City's Housing Element and identified housing. The housing proposed seems like a logical extension of California Highlands and would not require a lot of grading. Chris Kinzel, Traffic Engineer from TJKM, stated he is a member of Valley Christian Center. Many of the traffic comments are related to the school. Occasionally the traffic spills out into the streets. The major problem relates to the need for a traffic signal. Valley Christian installed the left turn restriction signs as a good neighbor. Once the traffic signals are installed, the problems will go away. He asked if there were any other traffic issues that he did not address. Cm. Jennings stated Mr. Kuzbari could address any other issues that were not addressed. Ray Kuzbari, Senior Civil Engineer addressed the traffic issues. He stated that there is only one lane going southbound on Inspiration Drive as it approaches Dublin Boulevard. Staff has conducted field observations and has found many drivers stop from 6 to 10 seconds, which reduces the capacity of cars at the intersection. Once the traffic signal is installed, the capacity at the intersection will increase favorably. As Mr. Kinzel stated, there is a plan to install a traffic signal by the fall of 2004. Cm. Machtmes asked about the Inclusionary Zoning Regulations for the project Ms. Harbin stated that Inclusionary housing allows the developers to build and pay fees. Cm. King asked if Schaefer Ranch was developed where would the traffic be channeled. Mr. Kuzbari responded that the traffic would be sent to San Ramon Road or under the freeway towards Pleasanton. Cm. Jennings closed the public hearing to deliberate. On motion by Cm. Nassar, seconded by Cm. Machtmes, by a vote of 4-0-1, with Cm. Fasulkey absent, the Planning Commission approved RESOLUTION NO. 03 - 14 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING CITY COUNCIL CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT 65 FOR THE VALLEY CHRISTIAN CENTER EXPANSION/MASTER PLAN PROJECT FOR PA 00-017 Cm. Jennings asked for a motion on Attachment 2. Cm. King stated the housing proposal is not a benefit to the City. On motion by Cm. Nassar, seconded by Cm. Machtmes, by a vote of 3-1-1, with Cm. King opposed and Cm. Fasulkey absent, the Planning Commission approved RESOLUTION NO. 03 - 15 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A GENERAL PLAN AMENDMENT PA 00-017 FOR 1.4 ACRES OF THE VALLEY CHRISTIAN CENTER PROPERTY AT 7500 INSPIRATION DRIVE TO CHANGE THE DESIGNATION FROM PUBLIC/SEMI-PUBLIC USE TO MEDIUM-HIGH DENSITY RESIDENTIAL (14.1 to 25.0) DWELLING UNITS PER ACRE) Cm. Jennings asked for a motion on Attachment 3. Cm. Nassar asked for clarification on the Stage 1 and 2 Planned Development Rezone. Ms. Harbin stated that it is a Stage 1 Planned Development. The applicant will need to return with a Stage 2 Planned Development and Site Development Review, which will be the actual plan for the development of the houses. Cm. Nassar asked if that would address the concerns of the wetlands. Ms. Harbin stated yes. Cm. Nassar made a motion. Cm. Machtmes stated he was still struggling with understanding the resolution. Ms. Ram, Planning Manager, stated this resolution would recommend to the City Council a PD Rezoning. A portion of the project has a Stage I and 2, which show the land uses in relationship to each other as well, and guidelines. The Stage I is for the houses. It is much more general and does not address how the site will lay out. The Stage 2 will require a public hearing before the Planning Commission and City Council. Cm. Jennings asked if the Commission would like to entertain a motion. Cm. King said that it is a marvelous plan and impressed with the effort from the representatives of Valley Christian Center. He is in favor of the center because his son went to preschool there. His overall reaction is that it is too big and cannot accept the traffic issues that may take place there. According to the Environmental Impact Report points out 100-200 additional cars on Bay Laurel on Sunday but is less than weekday traffic. There is a community concept and quality of life, which is the traffic, and not appropriate for the area. The concept of a grass fire that requires evacuation would block emergency vehicles from getting up there. He also expressed his desire to stop future development in the West Hills. Cm. Machtmes stated he has not heard anyone speak in opposition of the center itself. The issues are the increase in traffic and the proposed housing but feels those issues can be addressed. Cm. Nassar stated he lives near the center and agrees with the analysis. He is concerned with the traffic issues. Cm. King said, for the record, he has concerns with encroaching in the wetlands and contrary to the General Plan. He would like to know what the Army Corps of Engineers has to say regarding that issues. Cm. Jennings stated that Attachment 4 addresses that issue. On motion by Cm. Nassar, seconded by Cm. Machtmes, by a vote of 3-1-1, with Cm. King opposed and Cm. Fasulkey absent, as modified by Staff, the Planning Commission approved RESOLUTION NO. 03 - 16 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A PLANNED DEVELOPMENT (PD) STAGE 1 REZONING AND DEVELOPMENT PLAN, AND PLANNED DEVELOPMENT (PD) STAGE 2 REZONING AND DEVELOPMENT PLAN FOR APPROXIMATELY 37 ACRES OF THE VALLEY CHRISTIAN CENTER LOCATED AT 7500 INSPIRATION DRIVE TO CONSTRUCT APPROXIMATELY 187,000 ADDITIONAL SQUARE FEET IN AN EXISTING RELIGIOUS AND SCHOOL COMPLEX/CENTER AND 22 MULTI-FAMILY UNITS Cm. Jennings proceeded with Attachment 4 the Tentative Parcel Map and asked for a motion. Cm. Machtmes asked Staff if parcel 3 could remain open space. Ms. Harbin responded that the development plan addresses that issue and states nothing will be allowed there as it is identified as a future study area. The Tentative Parcel Map is contingent on the City Council approval of the Rezoning. Cm. Machtmes asked if a future proposal for parcel 3 would require approval by the City. Ms. Harbin responded yes. Cm. Machtmes asked if a part of that parcel could be dedicated or required open space. Ms. Harbin stated that anyone could request a change and there is nothing to prevent the request. Cm. King asked who owns that parcel. Ms. Harbin stated Valley Christian Center. Cm. King asked what is the impediment of Valley Christian Center dedicating that parcel to open space. John Bakker, Assistant City Attorney, stated he is unsure of the Commission's question and whether the Commission wants to require VCC to leave that parcel open space or for VCC to donate that parcel for open space. Cm. King asked if the City could impose that as a condition. Mr. Bakker stated that often conditions of approval might include dedication of land. He would need to further evaluate that type of condition. There was discussion of whether to impose a new condition. Mr. Loving stated VCC are open to a new condition related to parcel 3. Cm. Jennings asked if the Tentative Parcel Map could be left open until such a condition was drafted. Mr. Bakker stated he would draft a condition. Cm. Jennings suggested a motion on the Conditional Use Permit and Site Development Review. On motion by Cm. Machtmes, seconded by Cm. King, by a vote of 4-0-1 with Cm. Fasulkey absent as modified by Staff, the Planning Commission approved RESOLUTION NO. 03- 17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 00-017 VALLEY CHRISTIAN CENTER FOR A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW REQUEST TO CONSTRUCT TWO TEMPORARY MODULAR UNITS, EXTEND THE USE OF TWO TEMPORARY MODULAR CLASSROOM UNITS, AND TO PERMIT INSTALLATION OF AN ELECTRONIC READERBOARD SIGN AT 7500 INSPIRATION DRIVE Cm. Jennings stated there would be a six-minute recess to allow Staff, the city attorney, and the applicant to draft a new condition related to the tentative parcel map. Meeting was called to order from recess at 9:30 p.m. Mr. Bakker drafted a new condition for the tentative parcel map, which states - the Applicant agrees to record a conservation easement or other deed restriction acceptable to the Community Development Director, City Engineer and City Attorney that precludes development on the northern and eastern portion of Parcel C adjacent to the homes on Las Palmas Way. The deed restriction shall not preclude landscaping. On motion by Cm. Machtmes seconded by Cm. Nassar by a vote of 3-0-1 with Cm. King abstaining and Cm. Fasulkey absent as modified by Staff the Planning Commission approved RESOLUTION NO. 03 - 18 A RESOLUTION OF THE PLANNING COMMISSION APPROVING A TENTATIVE PARCEL MAP PA 00-017 FOR APPROXIMATELY 50.7 ACRES ON THE VALLEY CHRISTIAN CENTER PROPERTY LOCATED AT 7500 INSPIRATION DRIVE 8.1 PA 03-007 K&K Presents: Cast & Company - The Dance Center Conditional Use Permit request to allow the expansion of an existing commercial recreation use, instructional dance studio, within a 1,056 sq.ft, tenant space at 7228 San Ramon Road Cm. Jennings asked for the Staff report. Jonelyn Whales, Associate Planner presented the Staff report. Cast & Company, is requesting approval of a Conditional Use Permit to expand an existing dance studio within an adjoining 1,056 sq. ft. tenant space at 7228 San Ramon Road. The dance studio is presently located in the adjoining tenant space at 7232 San Ramon Road. The building is used for the teaching of ballet, tap, jazz, hip-hop and modern dance to adults and children. The proposed expansion would allow two new classrooms, dressing rooms, and administrative offices. There will be 20 classes per week, with three to four classes per day. Additionally, plans are underway to hire one more full-time instructor, which would increase the size of Staff from eight to nine instructors. The hours of operation will remain the same, from 2:30 p.m. to 10:30 p.m., Monday through Friday, and 9:00 a.m. to 4:00 p.m. on Saturdays. No classes are scheduled on Sundays. Staff supports the proposal because it would allow expansion of an existing dance studio into an adjoining tenant space rather than a relocation else where in the City. In addition, the proposal is compatible with the size and character of adjoining tenant spaces in Strouds Plaza. Cm. King asked if the project was located in the Stroud's Plaza. Ms. Whales responded yes. Kimberly Inguez, Applicant stated the reason for the project is to keep the class sizes small. Cm. King asked about parking for the site. Ms. Inguez stated some days are busier than others. Their busy time is after 5:30 p.m. when most of the businesses have closed. Cm. Jennings asked if there were any other questions from Staff; hearing none she closed the public hearing. On motion by Cm. King, seconded by Cm. Nassar, by a vote of 4-0-1 with Cm. Fasulkey absent the Planning Commission approved RESOLUTION NO. 03-19 A RESOLUTION OF THE PLANNING COMMISSION APPROVING PA 03-007 K&K PRESENTS: CAST & COMPANY CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF AN EXISTING DANCE STUDIO WITHIN AN ADJOINING 1,056 SQUARE FEET TENANT SPACE LOCATED AT 7228 SAN RAMON ROAD. 8.2 PA 02-007 Dublin Theater Company - Conditional Use Permit and Conditional Use Permit/Site Development Review to expand an existing Indoor Recreational Facility to include a dance studio and establish an Equipment and materials Storage Yard. Cm. Jennings asked for the Staff report and opened the public hearing. Marnie Waffle, Assistant Planner resented a PowerPoint of the project. The item is a request by Dublin Theatre Company for a combined Conditional Use Permit (CUP) and Site Development Review (SDR) to construct an outdoor storage area and enclosure. This item was originally heard at the March 11 Planning Commission meeting. At that meeting, Staff recommended that the Commission not approve the request because the findings for a CUP and a SDR could not be made. The Planning Commission asked Staff to continue working with the Applicant and evaluate whether the project could be made acceptable through Conditions of Approval. The area would be located to the rear of the existing tenant space adjacent to Dublin Court and would be used to store items related to theatrical productions, such as stage props. The proposed storage area would be approximately 673 square feet. Staff has two major concerns regarding the proposed modifications to Dublin Station's original SDR approval for landscaping, 1) the visual impacts of an outdoor storage area and enclosure adjacent to a public street, and 2) impacts to life safety. The outdoor storage area enclosure is proposed to be 10' in height. 10' is the minimum enclosure height for outdoor storage areas according to the Dublin Zoning Ordinance. The enclosure would be constructed with 8' of solid vinyl fencing and 2' of decorative treatment on top. The enclosure would be 2-feet from the public sidewalk. Staff feels that a 10' fence is out of scale with the existing building. The second major issue is impacts to life and safety. Staff, Dublin Police Services and the Applicant met to discuss whether life safety issues could be mitigated by modifying the design of the storage area or through application of conditions of approval. The first life safety issue is that the enclosure would create a visual barrier to the entry and exit doors to the building. This issue could not be mitigated. The second issue is that the enclosure would create hiding places for unwanted activities and could set a precedent for future outdoor storage areas, which would further amplify this problem. This issue could not be mitigated. In order for the Planning Commission to approve a combined CUP/SDR, all of findings for a CUP and SDR must be made. These findings are listed in your Staff report. It is Staff's opinion that these findings cannot be made for the following reasons - Not compatible with adjacent land uses, affects public safety, conditions of approval site not physically suitable, does not create a desirable environment, not compatible with shopping center design. Therefore, Staff recommends that the Planning Commission not approve the request for a CUP/SDR to establish an outdoor storage area and enclosure. Should the Planning Commission choose to approve the request an alternative resolution with conditions of approval has been attached to the Staff report. She concluded her presentation. Cm. Nassar asked what is the difference with the project from the last time it was presented to the Planning Commission. The consensus at the last meeting was to direct Staff to work it out with the applicant. Ms. Ram explained that Staff met with the applicant and tried to work out all the conditions. Staff met with Police Services and some of the issues could not be mitigated. For example the storage unit will block the doors. She asked Rose Macias from Police Services to address those issues. Cm. King asked how the storage unit is a safety issue. Ms. Macias, Police Services stated that when looking at a design Police Services have to consider public safety and how to effectively patrol and observe the area. The storage enclosure will block the back two doors from being seen from the street. It creates an alleyway providing an area for people to sit and watch employees leave the car dealership. There are too many visual obstacles for effective patrolling with that storage unit. Cm. King interrupted and asked how can someone get hurt. Ms. Macias said it invites unwanted activity. Cm. King asked what kind of unwanted activity. Ms. Macias responded transients that hang out in the area, or kids that want somewhere to go. Cm. King asked if she has seen the street. There are three large trash enclosures there. He asked whether Staff is recommending removal of those trash enclosures. Ms. Macias stated that they would like to see the trash enclosures go away but they know they cannot. Police Services does not feel comfortable with additional visual barriers. It causes safety issues and makes it susceptible for unwanted activity. Cm. King stated he does not understand how it is a safety issue. Ms. Macias stated that someone could get mugged coming out the back doors. They have had reports like that. Rick Robinson, Applicant Dublin Theater thanked the Commission for reviewing their proposal. He agreed that the two doors are unable to be mitigated from being blocked. They plan to install motion sensor lighting, which will partially mitigate the issue. He feels the need for the outdoor storage far outweigh the concerns of Staff. The original proposal was for an 8- foot fence but they wanted 10-feet because of their materials that will be stored. They are willing to do 8-feet and adjust how their items are stored. He stated their landscape proposal is an improvement to what exists. The conditions stated that if unable to maintain their conditions the CUP would be revoked. He stated he was available for questions. Cm. King asked how Dublin Theater handles those doors currently and if they lock automatically when closed. Mr. Robinson said yes and the doors cannot be unlocked from the outside. Cm. King asked where theater Staff parks. Mr. Robinson said in the parking lot. Cm. King asked the reason for the back doors. Mr. Robinson said the doors are fire exit and used for unloading and loading materials. Cm. Nassar asked about the motion detector light? Ms. Macias said the light detects movement but shuts off once the movement stops. If a person gets in there, lies down and falls asleep the light will eventually shut off. It is better than nothing but does not mean it will eliminate the problem. Cm. King asked how many individuals has the Police encountered that would lie down and possibly fall asleep. Ms. Macias said there is a particular individual in Dublin that has been in that center and others. Once the barrier is built the officers are unable to see what is inside of it. This enclosure is perfect for this individual to get out of the elements. Mr. Robinson asked if he could address the concerns raised by Ms. Macias. Cm. Jennings responded yes. Mr. Robinson stated that the minimal issues raised by Police Services are partially mitigated and do not outweigh the need for the storage unit. Linda Shukla stated she is a member of the theater and is in favor of the project. It enriches peoples lives and the community. Putting on a production is a lot of work and not having an on site storage greatly hinders the theater. Although not a resident the theater has a very special place in her heart. Michael Kisling, 114 Pebble Place, San Ramon is strongly in favor of the storage facility. He builds set in addition to acting with the company. It is very difficult picking up materials from storage with his two-seat sports car. He feels that the storage unit will not be a problem and actually improve the appearance. Taaren Samuelson, 7944 H So. Lakes Drive stated the theater is trying to help facilitate arts and cultural in the community. She is in favor of the storage unit and urges the Commission to approve the project. Cm. Jennings asked why the theater does not use public storage. Mr. Robinson responded that it does not make it easier retrieving materials from a storage place. Cm. Jennings asked if the tenant next to the theater - Sign Pro is planning to leave anytime soon. Mr. Robinson responded no. Cm. Jennings stated the Commission has two recommendations from Staff; one to deny and one to approve. Cm. Jennings discussed her concerns. She went by today and was appalled by the stuff in the back of that building. She has real concerns that by approving the proposal, someone may get hurt back there. She clarified that it would not be by the theater because they do a lot of wonderful things for the community. She speaks against the motion. She stated that for the record she does not want to be a part of this approval. Cm. King asked Cm. Jennings to be more specific about her concerns and why she is against the project. Cm. Jennings stated with an 8-foot barrier there is the opportunity for something to happen back there. It is Staffs recommendation is to deny the proposal. The Commission should listen to Staff's recommendation. That back area was never meant to have a fence with landscaping and it will not enhance the City of Dublin. We do have a choice to deny the application. Cm. King disputed that it is not a safety issue. There are very few muggings in Dublin. He does not believe anything could happen in broad daylight. There are parks adjacent to creeks that are far greater a temptation. He stated that he respects the law enforcement of Dublin. How remote is the possibility of someone getting hurt. Why single out this little storage structure and deny the project. Cm. Jennings stated she has a right to speak against the project and will not be persuaded to change her mind. She asked for a motion. On motion by Cm. King, seconded by Cm. Nassar by a vote of 3-1-1 with Cm. Jennings opposed and Cm. Fasulkey absent the Planning Commission approved. RESOLUTION NO. 03-20 A RESOLUTION OF THE PLANNING COMMISSION APPROVING PA 02-007 DUBLIN THEATRE COMPANY CONDITIONAL USE PERMIT/SITE DEVELOPMENT REVIEW REQUEST TO CONSTRUCT AN OUTDOOR STORAGE AREA AT 6620 DUBLIN BLVD NEW OR UNFINISHED BUSINESS - None 9.1 Appointment to Public/Semi Public Facilities Task Force There was discussion on the task force. Cm. King volunteered and was appointed to the task force. OTHER BUSINESS (Commission/Staff Informational Only Reports) - None ADJOURNMENT - 10:45 p.m. ATTEST: Plann~ Planning Commission~hairperson ~