PC 032713 - Laserfiche WebLink

Commissioner Olson noted that there is no timing or certain date available for this remediation and inquired if the reason for that is because it is not known at this time how far the contamination has gone. Ms. Fraser replied that the applicant has mentioned to staff that this is being done in conjunction with the project and that if the City approves the project, the applicant will go back to the RWQCB with its final design. She added that the timing is really between the applicant and the RWQCB. She noted that the applicant might be able to speak better about what the specific timeline is and what agreement has been made with the RWQCB. Commissioner O'Connor stated that one of the conditions of approval calls for no alcohol to be sold at this location, and that has been one of the major concerns from the neighborhood. He indicated that he knows this is just a condition of approval and that at a later date, somebody could actually ask for that to be modified. He inquired if there is a way for this approval to somehow make that condition permanent so it cannot be modified. Ms. Stern replied that it would not be allowed under the zoning district in which the project is developed, and, therefore, it would require a rezoning, which would then have to come before the Planning Commission for consideration. Commissioner O'Connor inquired if it would be more than just asking for a modification of the conditions of approval. Ms. Stern replied that was correct. Commissioner O'Connor noted that on page 15 of the staff report, it states that the proposed project has been modified to address most of staff's concerns. He inquired if there were other concerns staff has that have not been satisfied. Ms. Stern replied that there is still a one -way circulation around the site which is not usually necessary in most sites; however, this is a constrained site in terms of its physical layout. Mr. Dolan stated that it still is not ideal circulation -wise, but it is better now. He added that when staff considered the trade -offs of having new improvements in the site, it was enough to tip the balance on staff's recommendation. With respect to Condition No. 6 regarding signage for loitering, Commissioner Posson stated that it is one thing to put a sign up saying no loitering is allowed, but people can still hang out in the area. He inquired if there is any type of condition that can be written which would require the operator to actively prohibit loitering that may go further in resolving some of the concerns of the community. Mr. Dolan replied that staff could add such a condition. PLANNING COMMISSION MINUTES, March 27, 2013 Page 4 of 48