PC 021115 - Laserfiche WebLink

Ms. Seto stated that one of the considerations in the role of the Planning Commissioners is to be concerned about the effects of different types of uses: with respect to this issue, one of the concerns might be if this relates to more people drinking more than would be expected so that there would be potential secondary effects. She pointed out that, as the Commission has already seen in the past, the Commission provides for conditional uses for restaurants that are serving alcohol after 11:00 p.m. She added that for establishments that also have what could be termed "entertainment - related activities," the Commission may, based on what it decides is important and what could be secondary effects, have more restrictions on or prohibit what it would think would be appropriate or not appropriate for this shopping center. Commissioner Nagler inquired, for clarification purposes, if the Commission were to want to apply such restrictions, when that would occur, and whether it would as part of the discussion, the approval, or post - approval. Mr. Dolan replied that there are really two choices: either the Commission does not take action and work it out, or the Commission decides to take whatever action it will take and staff will have a period of time to discuss this with the applicant. He noted that the city Council adds and subtracts requirements of the project fairly frequently, and most of the time, it takes 99 percent of the Planning Commission's recommendation. He added that the fact that the Commission raised the issue, if the Commission has concerns and wants to send that forward with its recommendation to the Council, the Council will take heed of that, and it would be something staff would work out. He indicated that staff typically wants all issues resolved at the Planning Commission hearing, but it is not uncommon to be in a situation like this, and instead of delaying the project, the Commission moves forward with the understanding that staff will continue the dialogue until the Council hearing. Mr. Blake suggested that, given the sensitivity of timing with their contract with the County of Alameda on the project, the Commission continue its deliberation, and they will take the Commission's comments seriously and will work closely with staff to resolve the issue favorably. David Preiss, representing Vulcan Materials Company, thanked the applicant, Ms. Wallis, Mr. Dolan, and everybody for listening to their concerns and including some appropriate conditions of approval to address those concerns so that things could move forward. He indicated that they look forward to continuing their working relationship with staff and the developer to make sure this all works together. THE PUBLIC HEARING WAS CLOSED. Commissioner O'Connor indicated that he was very impressed with the changes the applicants have made and that he thinks the project plays out much better. He reiterated that he likes that it is all one story and that the massing is much less; he likes the new materials and thinks the applicants pretty much did what the Commission asked, even those who were the minority. With respect to the comment about the use, he indicated that he does not know if it is too late to be concerned about Conditional Uses versus Permitted Uses; additionally, he does not know enough about this one particular tenant and how close it is to some other similar type of establishments. He PLANNING COMMISSION MINUTES, February 11, 2015 Page 7 of 17