Laserfiche WebLink
PLANNING COMMISSION <br />Page g <br />ROLL CALL VOTE <br />Ayes: Commissioners Geppert, Getty, Jamieson, Wilson <br />and Chairman Doherty <br />Noes: None <br />Resolution No. 1787 was then entered and adopted recommending approval of GP-79-16. <br />UP-79-18, Pioneer Chicken <br />Application of Pioneer Chicken for a conditional use permit to allow a take-out fast-food <br />restaurant facility to be located in the planned building at 927 Main Street. The property <br />is zoned C-C (Central Commercial) District. <br />Mr. Harris explained the staff report and recommendation of denial as in the staff's <br />opinion all of the required findings could not be made in granting this use permit. <br />The public hearing was opened. <br />Brad Hirst, 3014 Lakeshore Avenue, Oakland, spoke representing the applicant. He <br />stated that the Design Review Board previously approved a 2300 square foot building <br />and the current proposal is for approximately 1566 square feet less than the building <br />approved by the Design Review Board. He stated that by approving this use, there would <br />be seven additional parking spaces more than the original plans. He stated the previous <br />Ordinance Code didn't require a conditional use permit as this was permitted in the <br />C-C District. He stated that Pioneer Chicken proposes to have 42 indoor seats, that they <br />now have 200 chicken outlets and that their business does not lend itself to loitering <br />problems. He stated that most of them are located in shopping centers. He stated <br />traffic is already at this intersection, that it would be marginally increased and the <br />applicant wished to take advantage of the traffic in the area. He stated he felt this <br />was an appropriate use for the downtown area. <br />Commissioner Jamieson spoke to the open campas at the high school and felt many kids <br />would be loitering from there. Mr. Hirst cited the two existing businesses, delicatessen <br />and pizza parlor in the same shopping center which do not have loitering problems. <br />Commissioner Jamieson felt there would be a loitering problem. <br />Commissioner Geppert spoke to the Jack~In~TheyBox down the street and the loitering <br />problems it has. Mr. Hirst stated that Pioneer Chicken wouldn't stand for loitering. <br />There being no one else in the audience speaking either for or against the project, the <br />public hearing was closed. <br />Commissioner Getty stated she is the president of the Downtown Association and that she <br />had polled its members (the merchants in the downtown area) and it is their consensus <br />of opinion that this site is totally inappropriate for this type of use as it is <br />precedent setting, could detract from the two businesses already in the shopping center <br />and could cause traffic and parking problems. <br />Commissioner Geppert stated he concurred with Commissioner Getty and the concerns <br />expressed. Chairman Doherty stated that one occupant recently voiced an opposing <br />opinion to him. Chairman Doherty addressed the type of clientele patronizing the pizza <br />parlor and the delicatessen and that these types of use were not conducive to loitering. <br />He stated he would have a real problem in granting the conditional use permit as he <br />couldn't make the required findings necessary in UP-79-18. <br />A motion was made by Commissioner Getty, seconded by Commissioner Geppert that UP-79-18, <br />