Planning Commission - Regular Meeting

call to order this regular meeting of the Tascadero Planning Commission. Today is Tuesday, May 21st and um it's 6 o'clock and Commissioner Heath is going to lead us in the Pledge of Allegiance. Okay, we're going to do a roll call in like 10 seconds and hopefully she'll have ridden the elevator up. Oh, I just heard it ding. Hold on. You can also call roll and we can note the time that she

Okay. Yeah. Let's go ahead and get started. Roll call. I can call her last too. Okay. Real slowly. Okay. Commissioner Anderson here. Commissioner Heath here. Commissioner Hughes here. Commissioner Schmidt here. Vice Chairperson Vandikoff. Chairperson Keane here. Six present, one absent. There she is. Quick caller. Commissioner Karanza. All present. Awesome. Okay. So, um, can we get an approval of the agenda, please? I'll move to approve the agenda. Second, please. Vice Chairperson Vandenoff.

Yes. Commissioner Schmidt. Yes. Commissioner Anderson. Yes. Commissioner Coransza, yes. Commissioner Heath, yes. Commissioner Hughes, yes. Chairperson Keane,

yes. Motion passes 70. Okay, this is the time for public comment. This portion of the meeting is reserved for persons wishing to address the commission on any matter not on this agenda and over which the commission has jurisdiction. Speakers are limited to three minutes and um if you come up to the podium, please state your name for the record before making your presentation. Do we have anyone online wishing to make public comment? Kelly, I do not see any hands raised.

Okay. So, I'm going to close public comment and move on to the consent calendar. Can we get a motion to approve the consent calendar? I'll second. Commissioner Schmidt, yes. Commissioner Anderson, yes. Commissioner Coransza, yes. Commissioner Heath, yes. Commissioner Hughes, yes. Vice Chairperson Vandenikov, yes. Chairperson Keane, yes. Motion passes 70.

All right. Now we will move on to um well do we have any planning commission business? No. Okay. Uh we'll move on to our public hearings. Um our first item is 11600 and 11700 El Camino Royale, the Dove Creek mixed use. Um first we will have exparte communications. Commissioner Kroza, any exparte? No expert. Commissioner Schmidt, no exparte. No experte. Commissioner Heath, no expert. Commissioner Anderson, other than a silent light up the elevator, no expert. Commissioner Randoff, no expert.

I've only discussed this with um our planning staff. So, okay, we are ready for our presentation.

Good evening, Chair Keane and Commission. I'm Alexandria Fowler and I'm the project planner presenting this item to you this evening. So the Dove Creek mixeduse project is um located at the intersection of Santa Barbara Road and El Camino Rial in the Dove Creek neighborhood. The project site is also bordered by Bliss and Cashion Streets which are two of the main entry roadways into the Dove Creek neighborhood. The vacant project site is 5.19 acres and has a mixeduse and planned development land use designation and a commercial retail combined with plan development number 12 overlay zone. The project applicant has requested the following land use entitlements. A vesting tenative trackmat for the future subdivision of the property into residential and commercial condominiums. an amendment of the current Dove Creek master plan of development to allow for the proposed mixeduse um mixed residential and commercial uses on the project site and a zoning text amendment to the plan development number 12 overlay zone to update the allowable uses. Due to the proposed zoning text amendment, the planned of the plan development number 12, the project requires city council action. So, the planning commission will not take final action on the requested entitlements this evening. Instead, the planning commission is being um requested to make a recommendation to the city council. The project consists of 71 residential condominium units that are a mix of one and two bedrooms. There are also 20 short-term rental hotel units proposed and 14,840 ft of commercial tenant space. The residential units are located in four separate buildings. Two of those

buildings are two stories and they front Cashion Street. One of those buildings is two stories and it fronts Bliss Street. The re um the other residential building is three stories and it front Santa Barbara Road. The hotel units are proposed to be in a one um in a in a um three-story building located near the center of the project site. The building also contains the proposed market and deli commercial tenant spaces. There's a small singlestory um commercial building that's proposed for a coffee coffee shop tenant space near the center of the site as well. And then the primary commercial tenant building is a singlestory building with a mezzanine that fronts El Camino Rial. Over the past 25 years, the vision of the Dove Creek area has evolved. Under the 2025 general plan, which was originally adopted in 2002, the land use mix for this for the entire Dove Creek neighborhood was originally proposed to be 300,000 square feet of commercial uses and up to 200 residential units. The Dove Creek area was originally envisioned to be a regional shopping center for the entire North County. And it was originally proposed to have a Costco and a Trader Joe's as the major anchor tenants. When the villages of Dove Creek neighbor of Dove Creek master plan um was approved in 2004, the land use mix was drastically reduced to 60,000 square feet of commercial uses and 279 residential units. Only the residential portion of the project was ever developed. When the vacant commercial property that was part of that approval changed owners in 2019, the proposed land use mix was 37,000 square feet of commercial, a 100 room hotel, 80 residential units above a parking garage. The proposed commercial component of the project that is proposed for you and that you'll be considering this evening is

approximately 5% of the size of what the original general plan envisioned for this site and about 25% of what was previously approved for this project site. The staff report anal u analysis goes into detail regarding the site design, the architectural design, the gateway feature, the proposed amendment to the allowable uses identified in the plan development number 12, the track map for um condominium subdivision and the environmental determination. This presentation will summarize those items. The Dove Creek development was designed to restrict the number of access roads along Santa Barbara Road and El Camino Rial due to traffic conflicts with existing adjacent intersections and topographic constraints. Access to the project site is from three driveways, one on Bliss and two on Cashion Street. All access rights were granted as part of the original track map for the Dove Creek development. As proposed, the project eliminates the second driveway off Cash and Street and maintains the one driveway at each street to focus vehicular traffic onto the onto the site and provide additional landscape areas. The internal circulation includes a looped access drive allowing for parking adjacent to all on-site uses. The required parking calculation based on the proposed mix of uses is 160 spaces. The applicant is proposing to provide 78 parking spaces. As conditioned, all parking spaces will be shared between the uses except for the tandem spaces near the Santa Barbara Road area, the residential garages below the three-story residential building, and the short-term pickup spaces for commercial uses. Additionally, pedestrian connections from the existing Dove Creek neighborhood into the onto the site are

provided via main PO entrance aligned with the roundabout at the intersection of Bliss and Cashion Streets. Adjacent to the main vehicular entrances and a midblock pathway roughly aligned with Salvia Lane and Cashion Street. A pedestrian connection is also included to El Camino Rial and Santa Barbara Road where the project sits at grade with the adjacent existing sidewalks. Due to the mixeduse nature of the project, modification of the standards for recreational open space are permitted when um shared commercial residential outdoor spaces and amenities are provided. In this particular project, each residential unit has a private balcony or court. Each building and all common areas have ample landscaping. The hotel guest amenities like the fitness room will be available to all on-site residents and the central um pedestrian poos and communal gathering areas will be available to all guest restaurant um restaurant users existing Dove Creek residents and commercial tenant customers. The proposed landscape design includes preserving all existing parkway trees and shrubs. Um the landscape setbacks that are proposed throughout the project range from anywhere from 13 ft to 46 ft and have layered planting which includes large trees, accent trees, shrubs, grasses, perennials, and ground cover. The hardscape that's proposed as part of a landscaping plan includes pedestrian a pedestrian bridge, walkways, and a plaza with enhanced surfaces. And the on-site amenities include a pergula, a wall, seat walls, boulders, fire pits, climbing elements for children, and communal tables. The proposed commercial buildings have

an agrarian and barn inspired architectural theme with gable roof forms and earth trim earth toned colors. A combination of one and twotory elements are incorporated into the design for a variety in height and to expand the upper floor use areas. Building materials include standing seam metal sighting, wood sighting, concrete base, and corrugated metal to add multiple textures and colors to the design palette. Metal awnings and railings are used to enhance the design theme and provide shade and shadow. The central commercial building courtyard roof includes vertical louvers for sun control and to add visual interest. Rollup doors are included for tenant space flexibility. The master plan of development, which is the uh project design package in your staff report, includes areas for signs located signage located on the conceptual elevations of the buildings. Here's an example of the proposed signage areas on the mixed hotel and commercial tenant building. All future signage is conditioned to be compatible with the design package elevations with flexibility for alternative tenant space configurations. Signage will be individually leathered or logos um located above storefront awnings. A larger sign is proposed on the courtyard roof structure as an entry into the main commercial tenant space. And all signage is conditioned to be externally lit with downward lighting to increase compatibility with adjacent residential and residential uses and the proposed hotel use. Residential and hotel buildings include similar materials, but incorporate stucco features to contrast the commercial retail tenant space facade treatments. The residential buildings along Bliss and Passion Street are limited to two stories with reduced structural massing to preserve the

existing neighborhood character. They are designed with private balconies or courts for each unit in addition to the ample landscaping area surrounding each residential building. The hotel amenities will also be provide that that will be provided on site will also be accessible to all residents and the central pedestrian pizzos include spaces for children as well as adults to congregate. The gateway feature that's included in this particular project is at the corner of Santa Barbara Road in El Camino Rial and it marks the southern entrance into the city. The gateway monument is proposed made of Corin's uh steel panels resembling the hills of Atascadero. The main panel includes the city logo and the words the city of Atascadero as the gateway future. An internal illuminated tower element with Dove Creek is also proposed as a placemaking project sign. The proposed low-level line lowle uplighting um is used to highlight the panels and the city name and logo um which is consistent with the city's lighting standards. And additional landscaping is used to accent the feature um and also to screen the parking that is located in the area behind it. Regarding the amendment to the plan development number 12, the proposed amendment um lists the allowable and conditional allowable uses and uh provided on the screen as a summary of all of the uses that would be allowed with the revision. Um, the ones that are most applicable to this particular project would be artisan foods and products, bar and tavern, eating and drinking places, farmers market, food and beverage retail sales, hotels and motel,

multif family dwelling and tasting rooms or temporary events. The amendment retains the existing uses and includes new uses that are of the most compatible nature with the existing residential neighborhood and also achieves the city's general plan goals for the city's southern gateway area. Regarding the tent of track map, the proposed seven lot vesting tenative track map includes four residential lots um that would be used for the 71 residential condominium units, two commercial lots for the hotel and commercial tenant units and one common space lot for the shared parking, landscaping and internal infrastructure. A condition of approval has been included to require the applicant to record CCNRs when the final map is recorded to address maintenance and access of the common areas. Additionally, the project is conditioned to negotiate a shared maintenance agreement with the existing Dove Creek HOAs for fair share cost associated with the ongoing maintenance of Bliss and Cashion Streets including frontage landscaping. Sorry, I was one slide ahead. This is the slide with the tender track map regarding the environmental determination. A mitigated negative declaration was certified by the city council on September 14th, 2004 and that was originally associated with the um entire approval for the Dove Creek master plan area including this commercial site. the mitigated negative declaration again evaluated all of the uses that are there today as well as the proposed commercial use. It specifically analyzed the potential impacts of commercial development on this project site um at a

magnitude of 60,000 square ft of future commercial retail uses including a 26,500t anchor tenant. While the residential villages identified in the analysis provided have been built and occupied as planned, the commercial center was pre-graded but never developed and is now the location of the proposed mixeduse project before you this evening. A supplemental comparative analysis has been provided to evaluate whether the project would result in greater impacts to resources than previously identified. One of those is a trip generation comparison um that was prepared to estimate vehicle trips under the proposed project versus the original commercial center. The proposed project is anticipated to generate 929 fewer AM and PM peak hour daily trips than what was previously approved for the commercial center. The other analysis that was prepared was a sewer capacity analysis which revealed no major impacts to the city's existing collection system. Additionally, a hydraulic and modeling modeling was prepared for the project that shows that the existing 8 in and 10in sewer downstream um lines um that are associated with this project site have sufficient capacity to accommodate the increased flows associated with the proposed project. The next steps for this project is that the project is currently scheduled for city council consideration on June 25th, 2024. A public hearing notice for that meeting will be posted on the site like there was one posted for this meeting and it will also be mailed to all property owners and occupants um within um the project area. The city council will be the final decision-making body for this project. Um, any public comment submitted after tonight's hearing will be forwarded to

the city council for their consideration when the project moves forward. The draft resolution that is included in your staff report um includes a consistency determination with the previously certified mitigated negative declaration and findings in support of the zoning text amendments to the um plan development number 12 overlay zone. the amendment to the Dove Creek master plan of development and the vesting tenative trackmap and recommended conditions of approval associated with those entitlements. This brings staff to our recommendation. Staff is recommending that the planning commission adopt the draft resolution um with an amendment. I'd like to note that um staff would like to modify um condition number 14 which is referencing shared parking to include the tandem spaces as part of the exclusion. So right now it just states that it would be the garages and the um um time limited parking spaces, but we'd like to also include the tandem parking spaces. Um uh moving back to the recommendation, we're recommending that the um that your commission make a uh recommendation that the city council approve an amendment to the Dove Creek master plan development, the vesting track map and amendment to the plan development overlay zone number 12 to allow for a mix of residential and commercial uses on the project site and to find the amendments consistent with the previously certified mitigated negative declaration. This concludes staff's presentation. I'm available for any questions that you may have. Thank you, Xandria. Um, commissioners, right now, since we have a lot of public comment to get to, if you have any questions for clarification on the report for staff, we can do that

now. Do you have any clarifications you need from staff? Yes. Go ahead, Sandra. We saw this a few years ago. How has the project changed since then? time.

Yeah. So, the project um that was sort of in between there's been a couple projects is the original approval in 2004 and then there was an update for tractor supply as the anchor tenant with some outdoor storage area space and retail sales space. And then there was an application that came through for a similar style development but with a 120 uh room hotel and some more intense commercial and some 80 residential units. Um that one I believe did not move forward to planning commission. That one just went to DRC for review um and did not move forward from then. So then this is a uh new applicant for the site. Um and that intermediate project never moved forward for formal approval.

Any other commissioner? Yes, Mr. Schmidt. Thank you. Um, do we know how many people live in Dove Creek? Has there been a the census number that I I don't know if they are their own census block or not? So, we do not know exactly how many people live in D. Any idea?

I know there's 279 residential units. Um, with the request for the text amendment to planning area 12, how many proposed land use land use elements that are being made tonight require that text amendment? So the when we approve plan development overlays and we approve um changes to the land use list for neighborhood compatibility, we don't always go update those every time we do a text amendment. So we've done um 10 or so text amendments since 2004 when this original PD was put in place. When we looked at the use list, um a lot of the uses aren't even listed in our zoning ordinance anymore. So, it's hard to say we were adding this many and subtracting this many. Some of them just didn't exist anymore or became multiple uses or became a refinement of the uses that were listed.

So, is the applicant asking for a text amendment? The application requires an amendment to the text amendment to include multifamily. So, multifamily is our only designation that allows residential uses on the ground floor. uh staff is updating the rest of the text to align with our current zoning code uses because we no longer have definitions for some of the uses that were listed. We also took a number of uses out to increase neighborhood compatibility. So, the applicant has a proposal for down uh ground floor use

ground floor residential use. Correct. In alignment with the city council's authorization. In the presentation there was this uh comment about a pedestrian bridge. Where is that? Is it uh there was a photograph architectural design residential drawing and there's a person walking across something. Yeah, I think Xandria is bringing that up. There's a retention basin in the corner. So if you um look at where the roundabout is, you'll see the area and it's the bridge crossing that area.

Okay. with the planned uh use text amendment that applies to the entire project area. So, not only this particular piece of property, but all the property within Dove Creek. Correct. That's correct. The use list, however, is specific to the commercial property. Thank you. Any other clarifications needed from the staff? Yeah, go ahead.

Okay, thanks Chair. Um, one's a little bit more broader and the other is more specific. Uh, specific being I know that we talked about the traffic study. Can we go back to that around the 900 and something fewer? Right. Okay. So less peak hour trips. That was a comparative traffic analysis. I'm curious how broad that was done and if the freeway in Santa Barbara was a part of that and and how far out that was and when that was done.

So the original traffic analysis was done in 2004 as part of the original project. It took into account a number of approved developments at that time such as Los and Woodridge that weren't necessarily zoned for those uses yet. It also took into account the general plan buildout. So, um, underutilized and vacant sites along El Camino Rial. Um, those traffic analyses do take into account the interchanges, especially when they're that close. And so, what they tend to do is they tend to take turning movements and counts of turning movements from all of the intersections that would affect the development. Um so they did that in 2004 um and took numbers and counts at that point in time and then compared it to if any mitigation measures would be required with this particular project.

So then I guess I'm trying to listen for like so they compared it to now trips like 2024. So they compared it to the original traffic analysis which was 2004 trips. Um, we've had some change in this area in terms of growth, but not change outside of what was anticipated with the original general plan. Um, so not potentially a ton of change in the total number of trips in that area. Um, and there was a second part to your question I was going to answer and it fell out of my brain. Okay. Yeah. I'm just Yeah, I'm just really trying to figure out what you guys are comparing. The the years are the same, but you're comparing different privacy.

Yeah. And I it's important to note that there's currently an entitlement for 60,000 square feet. So if that commercial center were to be developed um and if it were to be developed with housing above the commercial, that is allowed in that zone. Um and it would just be a building permit. There would be no discretionary review for that. So based on that, the traffic analysis is comparative to what could be built with a building permit today.

Okay, that clarifies that. And then the other question was um a little bit more broader regarding the fact that we're as a city finalizing our general plan and looking at the entire city, the South Gateway being probably one of them. And so I'm just curious how this project fits into that overall vision of what we're doing with the general plan because this is pretty slated close to the finishing of that. Yeah. So, this was in one of our designated areas of focus for the general plan update, but there was no proposed changes to this particular site in terms of zoning. It's one of our few, it's the only parcel in the city, the Dove Creek area in particular, that already has a mixeduse general plan designation. Um, so it's a little bit unique in that regard. The surrounding areas are being looked at for um higher density housing and increase in those types of uses.

Okay. Thank you. And I just wanted to go back to the development because Bliss and Cashion were built in 2004 when it was proposed for the 60,000 square feet of commercial. So that's what those roads were designed to fit. Correct.

Okay. Um commissioners good. Okay. So we're going to open public comment. Um please line up at the podium. Uh you'll be limited to three minutes. And I just want to reiterate that we are not making a decision tonight. We are only making a recommendation to the city council, the city council will hear this item again on June 25th. Um, if you hear someone who states all the things that you think and you agree with them, uh, I would really appreciate it if you just you can just stand up and say I agree with them. Um, try not to repeat things that other people have said. We have we have copies of all of the emails that were submitted. So, um, I know I've read all of them. I can't speak for my commissioners, but most of them are nodding their heads, so we've read those. So, if you have some new information to add, we we are open to hearing all of that. Um, we're going to go through all of the speakers. I'm going to make notes and then once public comment is closed, we're going to answer all your questions. Okay. Um, Miss Annette, our secretary over there, is on the timer. So, because we have such a beautiful, beautiful crowd tonight, we are going to keep it at three minutes. Plus, I'm hungry. So,

chair. Yes. Um, can I just um interject? The applicant I believe does have a presentation tonight and generally we allow them to present first. Is our applicant here? Okay. Sorry. Uh, you're all lined up nicely at the podium, but we're actually going to let the applicant go first. I apologize. I'm going to blame my cold. Um, and we're going to let him go first and then I will rehab you line up beautifully. So, and please state your name for the record, sir.

Good evening. I'm Tom Jess with Aerys Studio Architects. I'm representing the applicant on this project. Um I think staff has done a great job of defining the project, describing it. So I'm going to try hard not to repeat anything that she's mentioned, but I thought it might be useful to provide a little insight into some of the ideas and the thoughts that went into the design of this project. Um we've worked closely with staff for quite a while going back and forth. The project you see today is very different from the original project. We've worked with staff, they've made recommendations, we've incorporated those recommendations, we presented the project to the DRC, they made recommendations, we've incorporated those recommendations. So, it's been quite a process to get here and I can assure you that the project is better for that. So, um with that, I can't thank staff enough. Um the project, let me see if I can that slide. Where do I need to point it?

We'll just do it. I think because it's as a PDF, we'll probably have to scroll for you. Okay. Happy to do it. Just let us know when. Okay. Go to the second screen. Happy to do it for you once we figure out the computer.

Could it be at the bottom left where the page numbers are? Where's Luke? Luke went home. Who let Luke go home?

Um, I feel like it's probably a large file and I don't know if we're gonna get it to come up. We can try again. Um yeah, it's not but if you can keep going and and we're happy um if we need clarification after his presentation to pull up our images and go through those.

Sure. I'll just walk through. Um I won't be able to go into the specifics, but I do have them here if you guys have really good vision. Um so the project that we're proposing today is much less intense than what was proposed previously. We're scaling it down to just the 71 residential units. And just a a quick point of clarification, these are intended to be condominium. So they will be homeowners as opposed to renters. It's just the decision that was made there. The 20 short-term rentals, which are in the center building, will function as hotels. They'll be less than 30-day stays and they'll pay a transit the applicable transit occupancy tax. So, and then the um commercial center, the market, and the small coffee shop that center off of this area. really love to show you the images of that. But um the commercial center, one of the things that we found is traditional retail is very challenging in these times right now. So doing something like a store that where you can alternately buy the materials or buy the or the products on Amazon doesn't really do very well right now. But what does really well are destinations, you know, like we have with Ancient Owl. That's a really good example. It brings people downtown. It brings people to the area. And that's kind of what we're doing here is and the other thing that we want to do is building in as much flexibility as possible. So the uh building one in this in the slide you can see there's a large covered area there's sun shading devices which was a a comment that came out of DRC to enhance that and also so those the buildings open up onto that plaza that that little courtyard area. The courtyard area is flexible. It could be um for small in, you know, instrumental bands that could play in there or or eating or dining or whatever it happens to be. There's TVs on the wall. You can watch a football game and stuff like that in that little area there. And then to further enhance the flexibility, the area between that and the market, we

have a decorative paving on the street and we can close that area off and have farmers markets out there. And um Oh, there it is. Hopefully it works. But um we can do farmers markets there and we've set it up so that circulation still works from vehicle vehicular circulation still works on the on the street um with that. Yeah, that's you can go to the next one. Okay, that's that outdoor area where the building one centers on and then that's the purple is the circulation with when the uh farmers market area is closed. If you go to the next slide, it has an image of the actual farmers market area kind of illustrated there. It was quick, but it was there. So, that's that's kind of it with the um being able to close that off and have that area kind of an outdoor community gathering space in that area there. And in if you can go to the next slide in recognition, this is the um the gateway coming in off of El Camino. We did a a special feature there. I think Alexandria already spoke to that, but it's the next slide that kind of illustrates it. And we wanted something that reflected. We went through a bunch of different scenarios on here and different trial and errors and miscellaneous stuff, but we feel really good about this one. It's um low-key where it's not big, bold, in your fl in your face, but it it's really upscale. It reflects a Tascadero. It's got the hills, the logo, and then it also reflects Dub Creek with the vertical element there that kind of draws your attention. So, we feel like this is an appropriate element here that's going to be incorporated into the the architecture and the design. And if you can go to the next slide, please. Um, the pedestrian connections was a few things that we worked out. This one came from staff. And what we wanted to do was have a direct pedestrian connection from El Camino Royale and we located it, if you go to the next slide, directly adjacent to the existing bus stop there. So it's really easy for public

transportation you you and make it as convenient as possible to get to the site. So that's what kind of drove that location there. And the next slide, please. So in reflecting, we wanted to to be as conscientious as possible to the existing two-story residential neighborhood there. So we put two-story residential buildings along the edge there. We kept them at the same scale height as the existing buildings across the street. and um and then stepped up as we went into the site. So, the three-story buildings are the center building, which is in the center of the site, and then the one closest to Santa Barbara Road, which takes advantage of the fact that Santa Barbara Road is going uphill and we're staying down to reduce the visual height of that building. So, we feel really good about the transition from residential to commercial. Um, next slide, please. There's the pedestrian connection and this was um uh Commissioner Schmidt had referenced this little area here. This is the pedestrian connection directly from the roundabout. If you can go to the next slide, this is that little pedestrian bridge and it's over the drainage area. I mean, it's it's not a big bridge, but it is a bridge over that area there. That's the low point on the site where we're draining to. And this is kind of the the main circulation spine through the site. Next slide, please. So, in the center of the site, there's an outdoor amenity area. The outdoor amenities are um or actually next slide might actually show it graphically. Yeah. So, this area here, you can see we're combining smooth boulders, sitting walls, um outdoor seating areas, some shade structures, and so forth with decorative paving to really enhance this so it feels something special as you're walking through the site, not just a concrete walkway. And if you can go to the next slide, please. Some of the elements that are in there. There's the porest paving that we've talked about in the lands in the um area

for the farmers market. There's raised stage, there's synthetic turf, seat walls, um a linear fire pit, a um climbing elements for the small kids, um shaded pergolas. So, lots and lots of outdoor amenities um in this center area to uh entertain people and really make this a special place. Next slide, please. Okay. And there's the staff had had recommended one modification to the conditions. And I know that you're not the final uh review body for this, but we did want to mention that we we would like to make two requests for um revisions to the approvals. The first one is we understand the priority of getting the commercial space in there, especially given the fact that Dub Creek, it's been 25 years and it hasn't been built. So, we're fully on board with that and our intent is to submit this and permit this as one project. However, the just the way the funding works with the sale of the condominiums, we need to sell condominiums to pay down the loan as we go through. It's just a mechanism. I'm getting into way too much detail, but um instead of what we're going to request is that instead of um final having the commercial final prior to any of the residentials, we we're proposing to um have it final prior to the final 20% of residential onsite. So, at least there's some residential held back, but like I said, we're planning on building it all in stages. And you can go to the next slide. I think I did a quick occupancy here. So the the it's not really a phasing plan, but it's an occupancy plan. We're planning on occupying the the three residential buildings first, then the center building, and then the last two are the ones out closest to the main streets. And the reason for that is as construction moves away, we move across the site. Uh that's that's kind of the

phasing. So that's one request we're going to u make. And then the next one, there was a um this one here has to do with the um the shared access of the parking. What I wanted to point out is that we are we do meet all of the parking requirements on the site. And one thing that's important to point out is that the vast majority of the parking spaces are actual parking spaces, not garages. As we know, garages get used for storage. People park on the street. It exacerbates the parking problem. We're only proposing 12 total garages. The rest of them are going to be parking on the street where you cannot use them for storage. So with this, what we're since these are for sale condos, we were really would like to have at least one and if you go to the next slide, I can show you which one we're proposing. just the parking spaces that are adjacent to the residences reserved for the residences and then the rest of them would be available to all the other spaces and based on the parking calculations those available spaces are more than adequate to serve the commercial uses and the hotel uses. So that that's one minor request that we'll uh be requesting of uh from this. But all the other conditions of approval, the mitigation measures, we reviewed those. They include a maintenance um agreement that we have to enter into with the city for the utilities and so forth and landscaping. And we also intend to um work with Dove Creek on the maintenance of Bliss and Cassen and participating in that as well due to the increased traffic that we'll be adding to that. So, we're fully on board with with wanting to be a good neighbor, paying our fair share. So, um there's no question there. I think the next slide might be the last slide. And so, with that, I'll conclude our presentation. I appreciate the opportunity to uh speak with you and

happy to answer any questions that you may have. Um, thank you very much. Um, I actually have a couple questions. Have you met with the Dove Creek HOA at this point? I have not. I'm not sure if has Yes, you have. Okay, great. I I just wanted to know that there's been contact. Um, because, you know, obviously some of these people have lived here a really long time and they have opinions. So, I'm glad to hear that you have met with them. Um any other any questions?

Yeah. Um so you on one of the slides you showed the small little bridge pedestrian crossing and it looks like it's like the exact opposite area from where the commercial potentially would be going. You mentioned that most of the water offload would be done there. So is that like where all the water So you mentioned it was the low point in the entire project. So is all water for the whole entire project being redirected there? It that would be great if it could. It's not large enough to do that. So, we will have chambers underneath the um underneath the drive aisles as well. Okay. Yeah. I just want to make sure it's more decorative. I mean, it does function, but it's not nearly enough for the whole set.

Yeah. Because right across the street, I I remember there being another project and I remember seeing some flood flood areas. It's been a while, but I know this area can have a little bit of a swampiness to it and so I just wanted to clarify that. Thank you. Perfect. Mr. Uh yes. And and that kind of brought up a comment in my mind. Is there going to be vector control in that area in case it does get swampy? Um I would assume I I don't I don't I'm not expert on that, but I would assume that that no one's going to want animals or vector mosquitoes. Yeah, correct. we would comply with all the

um I've always wondered about this on farmers market and that is to provide plumbing for the farmers market be able to I have a vendor who needs a plugin or I need a vendor who needs a a sewer trap. Is there anything like that being provided with the farmers market area? Um certainly for electricity because we have the um that cover that comes down. So, we would have electricity, not no sewer out there, but we do have um shared restrooms in building one, so they would have access to restrooms, but we're not planning on putting um like where you can dump a sink or something into a into the ground.

Thank you, Sher Ka. Hello, Tom. Um, I wanted to ask about the farmers market and I mean regardless of this project too, have you spoken with the farmers market association about this opportunity to even have this in general on this part of the community? I have not. I have not. Okay. It's it's a really great asset to not only this particular community but everybody on the south side. So, I was just very curious about that development in itself. Okay. Commissioners over here, Commissioner Anderson,

I didn't see anything in there for uh for added security. Would that be entirely on the city or were there any going to be any plans for any private security for for fencing or screening or or cameras for for for uh patrolling? For patrolling. Yeah, it's it's kind of an isolated area. Would it would it be taken up on the uh test or PD to police the area?

Well, I don't I I the um the advantage that we have here is that it's a 24-hour community where we have residents and we have the hotel guests that would be there, the short-term rental guests. Um the courtyard area can be closed off, so that area could be fenced off. If there's issues, I guarantee you they would have security there right off the bat. But we have cameras that we'll have installed. As far as patrol, I think they would just be as needed. So, no. Okay. Thank you.

Correct. I I have not thought that point through. So, yes, Commissioner. Okay. I have one more question. And I was looking at my notes before the presentation and there was one um public comment made via email um about the existing fee structure for the HOA amenities and how that will be I know this is very detailed question but as far as how it's how it's being processed right now um because I know that's a big thing on the HOA's mind the current residents and not to potentially make any unfair double standards for existing versus new residents. That seemed to be

correct. So, this would be a separate HOA from the Dub Creek um residentials units, the existing Dub Creek HOA. This would be its own separate HOA that um it's a requirement of a condition of approval that we have the CCNRs in place prior to the map recordation. And it's also a condition of approval that we reach out and negotiate in good faith with the existing Dove Creek um community and HOA regarding maintenance of any shared facilities and that and the shared facilities that we're aware of are cashin and bliss streets. So the maintenance of that I'm assuming the associated landscaping associated with that. If there's storm water there we would have to maintain and you know maintain the storm water um treatments associated with that. So, uh, so yeah, that's what we would be doing.

Any other questions? Okay, thank you so much. Thank you. Okay, now we will open public comment. So, please approach the microphone, say your name for the record, and then you'll have three minutes to give your comments. Go ahead, sir. Chair, I just wanted to also clarify for the audience that we generally take all public comment at once and then we will answer questions after. So, if you can use your three minutes for comment, we will get to your question at the end of the time.

My name is Jack Felen. Uh, good evening, planning commissioners. I'm the CEO of Cow Coastal Communities and one of the original developers of the Dove Creek parcel. It received a unanimous vote from a Tascadero City Council in 2020 with the authorization to proceed with a general plan amendment that allowed for residential development on this commercial zone parcel. When the amendment was signed, the immediate appraised value of the parcel with the residential component added jumped over $2 million in value. In the ensuing months, Cal Coastal's proposed development received unanimous DRC approval here at city hall. On November 4th, 2020, our team was completing final engineering and landscape components in conjunction with city planning and preparation for getting on the commission's calendar when our business partner, Jennifer Kim, pulled the plug on the Dove Creek project, three months before the critical step in gaining this planning commission's approval. Jennifer Kim claimed that the funds were needed to purchase the former Walmart site at El Camino and Del Rio Road. With our Cal Coastal team, which we did, we purchased that project from Walmart and spent the next year getting Del Rio Ranch a massive parcel fully entitled. Unbeknownst to our team, it appears that Jennifer Kim has secretly partnered with this developer without our knowledge to either co-develop or sell the Dove Creek property. Again, without our knowledge or any correspondence whatsoever. I reached out to Jennifer Kim and she emailed me a tur cryptic response. Quote, "No sale, no escrow." Close quote. We have an established signed partnership agreement with the Kim family to develop the Dove Creek

project. I have over $500,000 personally invested in this property with a promisory note agreement with the Kim family that is now over two years in default. Beyond the hundreds of hours of work, I wrote personal checks for a majority of the critical pre-entitlement studies here at Dove Creek that included architectural design, engineering, environmental studies, traffic studies, the soils report, and the topographical survey. When I saw the posting on a telephone poll announcing the developer for these hearings, I was forced to immediately retain legal counsel and placed a Liz pendants on the property. Last week, it appeared that Jennifer Kim was finally ready to pay my promisory note with a completely inadequate payment. When I declined her attorney's letter recommending that I accept that offer, her legal team motioned to expunge my entire note, essentially stealing a sizable chunk of my family's personal life savings. With my two oldest kids entering college two years ago and my daughter leaving for college this fall, this has been an excruciatingly financially challenged period in my life due to Jennifer Kim, as I have attempted numerous times.

You're at three minutes, sir. Is it over? Okay. Uh, final sentence. I ask that these details be added to the public record, and I'm imploring the planning commission this evening, that the approvals that you grant to this project tonight be conditioned upon a full and legal settlement of this existing dispute and claim. I ask this both for my family and in the best interest of this community. Thank you for your time.

Thank you. Uh good evening. My name is Ted Lton. Dear planning commissioners and city staff, thank you for all your hard work and review of this proposed project here this evening. Uh we are here this evening to make the following statements on public record and for specific requests of the planning commission here this evening. For starters, we were introduced to Jennifer Park Kim Yun by the city staff on February 19th of 2020 right here in city hall downstairs in the conference room. At the time, we were very thankful for the opportunity and introduction with the real possibility of working together on this Dove Creek project. What we thought was a glowing recommendation to partner from the city with Jennifer Kim Park Hume turned into uh what became our biggest nightmare. It almost ruined our lives. This started once we saw early warning signs on what links she would go to in order to avoid responsibility and unwillingness to sign any of our agreements to avoid detection because of some workers comp case or putting her name on anything for that matter. Since February 19th of 2020 and based on promises made by Jennifer Kim, what we have experienced has been nothing short of full and utter devastation. We believe the level of fraud and malfeasants across all our projects, our businesses, and our assets is unimaginable. For example, we are owed more than $3 million on the Dove Creek project and 5 million across all our other projects. She has tried to expune her way out of paying her financial obligations to us for all the time, energy, and our life savings that we've poured into and invested in everything based on her false promises. It was made quite clear uh that her true intentions are, as we believe, a pattern has emerged across all our projects which appear to be extremely fraudulent. We believe that this is an imperative to

protect our investors, many of which who live here in Atascadero, our investments, our projects, our life savings, to protect the city, to protect its community from this type of activity and behavior. As such, we we would kindly ask that tonight's decision to be either postponed and or approved with the condition that all civil matters, disputes, and outstanding financial obligations be met prior to any final approval or permit issuance to make sure that this behavior is stopped for good. We appreciate your consideration of our request as it was the city who made the introduction. So, we would kindly ask the city now help assist us in protecting our investors, our life savings, our projects, and what we work so hard to on making a reality and still would like to see come true for the city. We'd also kindly ask that everyone standing behind us ask for the same request that this project be conditioned on these on these issues getting resolved immediately. Thank you so much with gratitude, Ted Lock.

Thank you. Hello. Uh my name is Sue Gibson and I'm a Dove Creek resident. I'm also on the HOA board and um some serious stuff here. Uh uh we are excited about having the area developed uh because we're tired of looking at that lot. Um, and we would like a destination there, but we are concerned, particularly concerned about the parking issue. If there are 71 new residents or 71 new buildings for residents there, we're going to need 142 parking spots because everybody has a car and there's going to be a couple of people per unit there. And that means if there's 178 spots, that only leaves about 30 spots for people visiting the area to park. And what about the employees that need to park there? So, I think the parking is a huge issue. We have a huge issue in our area right now. The board is constantly dealing with that and having to give out parking tickets and things like that with people parking on Cardellina where you're not allowed to park daily. We have parking issues. We don't need a whole bunch more parking issues on Castton and Bliss. So, the parking is a huge issue. We'd like to just nyx the whole idea of additional uh residential in that area and keep it as a commercial developed zone. uh the residential is I mean it's needed but it's not needed because it creates such a disaster when it comes to parking and creating a whole new HOA and a whole new uh problem there. So we want to share that with you. We're also concerned about the BNB um or the hotel being non-manned and having people

coming and going. We're not allowed to have Airbnbs in Dove Creek. We're not allowed to do that. So having that on our doorstep is a big concern to us about having people coming and going and not having it supervised. So we really want to raise that as a big concern that if there is going to be a hotel there, it should be properly manned and be a hotel and not a place where people can just come and go and not have it manned. Uh, so you know, there are other things that we have concerned about that are on those pieces of paper back there, but I just wanted to be here as part of the HOA and part of Dove Creek to let you know we are excited about having it developed, but I think you need to take a a little bit closer look at it. And there's going to be so much stress stress on Cashton and Bliss um if we allow there to be that many cars in the area and that much traffic in and out. Just turning right now from the street onto uh El Camino is a nightmare. If we put a whole much more traffic there, it's going to be even worse. Food for thought.

Thank you.

I'm Dr. Steven Kaine. Bear with me. I'm uh going through cancer treatment, but I thought it was really important to come this evening uh to talk about many of the issues that you've read about. Um I'll just start by saying um that um I've I'm also recently finished tenure on the housing authority of St. Louis Abyispo and uh I am also an investor u in largecale developments. um think it's very significant for the record by the way to note that I heard the developer say that he had not met with the head of the HOA David Singer. So the record should reflect that if in fact that's correct. Is that correct? Right. So that's significant um that you've not communicated.

If you can direct your comments to us and not the audience, I'd appreciate it.

Sure. So, um, yeah. Um, you already know about the many flaws of this project. You're going to hear about more of them. Um, my guess is you have hundreds of comments. I'm not going to go into the weeds. A couple things I want you to think about. Um, to be straight up with you, and I've been part of largecale developments larger than this, but this one is designed to maximize profit over people. Period. It's all there is to it. Now, regardless of all the rationalizations about um the the the design and the size and so forth, um there is not enough parking, the traffic problems are real and more people will address those issues. Um the traffic um by the way, one thing I wanted to thank Alexandria Fowler, by the way, who was very kind and patient with my many requests and it's a hard job, so thank you for that. Um, I also want you to know that I'm not anti-development like many of my colleagues. I'd like to see something beautiful and elegant there, but I'd like to see something that is not a monstrosity. And um, having that many rental units is or the units for sale is a joke because, you know, there's everybody's got two or three cars. Now, I' I'd love to see, for instance, like the coffee shop uh, run by a local family like the SE who own Malibu Brew. They could open up a shop. So again, I'm not anti-development. I will say this is no one I know knew that this was going to be about seven subdivided parcels. The legal complexities of that alone um could drag this project out by years and the developers greatly understating the complexity of this. A legal issue is also whether or not it is truly part of the larger complex. If that's true, you'll have to pay the master fees plus their own fees. Finally, I find it

really ironic that the whole goal of this was to beautify South Atascadero when in fact you're the the next agenda items are you're going to approve an automotive towing business, a smoke shop, and a 63 foot high cell tower.

That's three minutes, sir. Thank you. Hi, my name is Marcia Kaine and um I've my husband and I and my cute dog Emerson have lived in Dub Creek for 12 years now. And um I'm just going to let you know that I just don't feel this particular development is compatible to this parcel. And my reasons for that are it's on the corner. It's a four-way stop light system over there. And so the all all the people that would be coming in, the residents, the people that are coming into the concerts, the farmers market, the brewery, the restaurant, the coffee shop, the um hotel, it's all coming in on two entrances. It'll just be cash in and bliss. So the problem with that is the developers didn't even factor in to put a a safety turn lane into the development. So right there you can see that's just going to be a disaster because right now as residents as we're coming in we got the roundabout and we live on Arbo resolve so we got to go around. So if um someone was coming in and they were going to turn into that development and I'm turning in at the same time and um it's just it's going to back up that traffic and put us into El Camino or Santa Barbara Road. So there's a safety issue there. Um we got to think about emergency vehicles getting into the complex. And then also we also have track. I mean this is a residential area. I actually personally feel it's one of your best uh residential communities. Stub Creek community is beautiful. We have walking trails. It was well thought out. Syntax was originally developer. You know we have a creek that flows through our development. It's really beautiful. And now we're going to put a real dense development in there. So we really need to be conscientious of this decision of

putting just this much density in this small area. So um another thing that we need to consider is it's going to be two HOAs, right? So already the development is already pinning the two HOAs against each other, right? So we have to pay our dues and for our HOAs which include the landscaping, the you know the trails, the two playgrounds. And so right now this new HOA will be coming in and they won't be part of our HOA. They won't have to pay our dues, but they'll have free access to our playgrounds, to our roads, you know, to our walking trails. So right away you can see how we would be upset, you know, because we're paying such high, you know, uh, HOA dues now, you know, including our mortgages. So, and another thing that I don't know if the commission realizes is there's two quaries, right? We got uh, Cal Portland that's going up and down all day long with their concrete trucks and we have Hansen Corey that's going down, you know, and then they turn towards, you know, uh, Santa Margarita. So that's something we really need to consider and that's my time. Thank you so much for listening.

Thank you.

Good evening. My name is Dmetro Marushkovich. I live in Dove Creek and actually kind of I'm facing from my bedroom and from my bathroom. I'm facing the lot across blue street. And I wanted to add a personal kind of comment related to statements that were made about compatibility with the neighborhood. And that was that in the this was supposedly taken into into account is what is not really mentioned or was not discussed is not much mentioned in the documents is that those people who live with the video do know that this lot is sitting way above the area where all the buildings where my home is where Kashion is and where my home is is next to the roundabout. It's probably three four feet higher and it goes up from there and where cushion is it goes like pretty much like more than one and a half floor. So from all the people from all of us who live who walk uh in this neighborhood is that this will not be a two-story building across it will be two and a half it will look like maybe threetory building. The three-story building just a little bit down there in the center will look like fourstory building. So it is there is nothing anything like this that in our neighborhood right now from the middle of my bedroom I can see blue sky is with this with two-story building with the roof sitting much higher than my building is I will not going to see it until I really go to the window thing. So it will impact privacy it will impact enjoyment of life. There is note in the package about that requirements for the developer to kind of deal with the privacy of people who already live there because I was not expecting somebody to look at my bedrooms is I I highly ask I ask the commission the planning committee is to be very specific of what builder need to do if it is approved to

preserve the privacy which include like structure of the windows and balconies making sure that there are trees placed right like in front things like that. So that's kind of one of the things I fully support what was mentioned about parking situation because I think it's and I truly believe it's very under design for parking and we're going to see all of these. I hope that our HUA for example will introduce something like permit only parking on our streets. So, and then when they're going to be trying to sell the new developer condos there, they should come in and know that if you park at your neighbor's place, it will be out every day. So, and hopefully it will also kind of be mentioned. And uh my last comment that I wanted to say is that the both traffic study and environmental study was done 20 years ago. A lot of things changed and I kindly ask uh planning committee is to request a new stud, new traffic study, a new environmental study. They mentioned the traffic amendment that says about 900 extra fewer things were made by developer not by committee.

Thank you. Thank you.

Good evening. Thank you for tonight and for allowing us to be here to speak. My name is Christa Stewart and my husband and I have lived in Tascadero since 2004 and uh we are residents of Dev Creek since 2007. We love our community. We love living in Atascadero. We love living at the south end of Atascadero. It's quiet and to us it's kind of rural and um we have every intention, my husband and I, of keeping it that way. We are not opposed to residential buildings, to mom and pop family businesses coming in, to parks and fountains and a place where just not Dub Creek community, but the community of a Tascadero can gather and have fun and celebrate life and family. I think what we are opposed to are large buildings such as hotels. Large buildings like a Walmart center, a tractor trailer, a Costco center where it's going to bring massive amounts of people into our small rural community. Um, please consider also that on the corner of El Camino Rail and Santa Barbara is uh Dove Creek Community Church and Trivia Charter School is there. They meet two days a week. So, we have students, we have teachers and staff and parents coming and going twice a week from that area. It's already pretty congested with cars and trucks carrying loads of rocks and um lots of our kids like to bike and El Camino Rial is is um used by a lot of people that like to ride bicycles. It's constantly up and down and and traveling across that intersection right there. So, um, in closing, I just want to say that Dub

Creek is not the appropriate location, um, in my opinion for a large building, um, or a hotel that is allowing people to come in for one night or two nights or three nights and come and go. That's just a lot of different people coming in and out of our community. Parking is an issue and there are other issues at hand. So, but thank you for tonight and your time. I appreciate it. Thank you very much. Thank you.

Hello, my name is Linda Purcello and I live and own a home in Dove Creek. I've been there since 2010. So, it's been 14 years. I love the small community. Um my what I want to bring up to all of you is that there my understanding there's going to be two HOAs for the new project and also the current HOA that we have. So our HOA fees went up in January all of us. The reasoning for it was because to um for the maintenance of the beautiful trails that we have um unexpected damage from the storm that occurred in Dove Creek, a lot of flooding, a lot of debris, and then also the playgrounds. There's two playgrounds. So my request is that the new project HOA or whoever, I'm not sure how it works, that they contribute to the maintenance of the trails, the playgrounds, unexpected water damage from storms. Um because the burden right now is us as homeowners. Um, so that's one of my that's my concern that I wanted to bring up to all of you. Um, I guess in general, I'm really not looking forward to this project because I think the area and I know I can't stop it, but to have people coming and going in a in a hotel sense, um, condominiums, who knows? It could be rentals. People could turn them into rentals. So what I see just in my little culde-sac area is there's a couple of rentals and their homes are not really taken care of. I take care of my home

really good maintenance but the rentals which are homes but the owner chooses to make them rentals. So that's a foreseeable problem I think with the new project. So that's probably it. Thank you. Thank you.

Good evening. I'm Deb Peterson. I also live in the Dove Creek edition. I've lived there since 2020 December. I'm a transplant from Minnesota where everybody is supposed to be nice. But I can honestly say that in the Dove Creek edition, for the first time in my life, I know my neighbors up and down the street. I know their names and I interact with them daily. It's a fantastic place to live. My concern is that the development proposed is far too um too much. Um I won't speak more to the parking problem that I foresee because I think it's been spoken uh about quite eloquently. Uh everybody has at least two vehicles. If you are two people, you have two vehicles. It's the way life is these days. Um in addition to that the um impact on our nature area and on the uh playground areas has also been spoken to. These are widely used and they're a very attractive features. um families gather there and play there and I'm actually quite concerned about the impact on on that development and please honestly I would like to see that um space developed but I think um the it has been said and I agree that there's a great deal of profit that is trying to be made at the expense of um good planning and good sense. So, uh, thank you for your time.

Thank you.

Hello. I'm David Singer live in the Tascadero. I am association manager for Dove Creek. I'm not going to repeat everything because we've already talked about parking and traffic and concerns. I have a question which I know you said you would answer afterwards. Um, something that I wasn't clear on. It would appear that the developer of this project should it move forward is mandated to deal with the ass the Dub Creek Association for cashing bliss perhaps the parkway several of the homeowners have pointed out maybe even extended to some of our park areas. Um that was not my understanding from the brief conversation that I've had with the principles in this matter. So, I'm delighted to see that's it and I would love to hear your guys response. I think that all the people that have come before have really hit all the high points and you don't need to hear them again. Thank you for your time.

Thank you.

Good evening. My name is Louise Mayhew and I've been in part of Dove Creek since 2008. So, we're like one of the originals. A lot of Dove Creek was not even built yet when we moved in. I have a couple concerns. the parking on cash in they park on both sides of the street. So now you're having people going in and out of that structure. It's going to be even limited visibility of people going in and out. The school district has a um a bus stop at Paloma Creek. Kids cross across Santa Barbara going through our our neighborhood. I'm worried about their safety. I'm also concerned if you plan on having a bar or a brewery in this area, they close at 2 in the morning. How is that going to affect the families that live around that area? And what else I have? And if we have we have two CCNR associations. We have the Villas. I'm a villa and I pay the Villas and Dove Creek as a whole. Dove Creek Homeowners pays the Dove Creek and that's the whole. So now if you're adding a third one, are they paying into our parks, into our green areas, and I do and I also pay for the whole development of Dove Creek plus just the villas. So I think there should be a third one and they should be paying into keeping our our streets and our playgrounds and our green green areas um viable. I also want to agree that they should be paying the um developers beforehand if there's legal action. They should be paying those fees before we start another whole process. I'm worried that that might fall through as well. Thank you. Thank you. Is there anyone on the line who wanted to add public comment? Kelly, we do have one person with their hand raised so far. Okay. It

is Briana. We're gonna let Briana go and then you can have the mic. Am I good to go? Yeah, go ahead, Brianna.

All right. So, my name is Brianna Axom. I'm a current resident of Dove Creek and I live on Corvo. Um, my comments come from a variety of perspectives, but primarily my background as a former wildlife biologist working for the Bureau of Land Management um in the Kiso Plane National Monument and for working um for a local environmental consultant firm. Um, I currently work for St. Louis Abyispo County Animal Services. Um, so I want to share start by sharing that after reviewing the agenda packet provided for us for this meeting that I'm in favor of the staff recommendations and approval of the zone text amendment for the PD overlay zone PD12. Um, I'm also in favor of the proposed amendment to the conditional use permit as amended. And then I'm also approving the or um the proposed tenative tract map. Um I would like to additionally propose additional SQUA supplement studies um be prepared as the baseline SQUA that document that was prepared 20 years ago. Um, primarily my concerns are just making sure that um, dark sky and other um, habitat and things like that are compliant um, for the most part. And then um, I am not in favor of the reducted um, or reduced parking modifications despite the project findings on total parking demand. um based on everyone else has parking um concerns as well. Um I would also like to add that um the

gateway feature um is neat for sure, but I would remove the Dove Creek tower thing. I don't think it um goes well with the rest of the design there. Otherwise, I think that's pretty cool. Um the for the outdoor living room, you might for the developer might want to consider incorporating like fans or misters of some sort just because if it does get kind of um stagnant in that area could help. Um, another thing with the um, parking that I noticed with the development for like the residential um, was there was 14 units in that threestory building versus 12 garages for that same building. Um, so that kind of stuck out to me. And then there was just the residential amenity spaces seemed kind of small for the amount of residential units. Um

that's three minutes Banna. Okay. Thank you. Thank you so much. We have one more comment here in the Okay. And and I just wanted to say um if you are online and want to speak, you can use star six to raise your hand. You can use the raise hand function. or star nine if you're on the phone. Either star six or star nine.

Star nine if you're on the phone and we'll let the uh person here in the audience speak and then if we see any more hands we'll go back to online. My name is Jennifer Park. The representative of the property would like to take this opportunity to thank you all for your valuable time attending this important public hearing. Dear commissioners, city staff, and residents of the Dove Creek and Atascadero, our attorneys will address the previously stated allegations and some false statements made by Jack Van, Ted Lton appropriately um with the city officials and residents of the Dove Creek promptly and we'll make sure to explain the legal status of the property accurately and clarify the integrity of the owners and developers of this of this project in writing. We truly appreciate your concerns and patience. Thank you.

Thank you. Is there anyone else online raising their hand? I do not see anybody. Okay, I'm going to close public comment and we will uh work through these questions. Um, Kelly, can you read the um thing about the maintenance agreement because my brain just forgot what words are um in terms of the HOA require? Yeah, the ter the approval condition. Yes, thank you.

Um, I can get to that approval condition. Maybe Xandria can get to the exact words that are in there. Um, just a little bit of background is a little bit interesting. the original developer for the project site chose not to burden the commercial property with any um association fees or dues um that was done at the time to incentivize commercial development of the site and of course um commercial is a little bit um different than other types of uses. Um, so the commercial project was going to have impacts on Cashin and Bliss. Um, but they were specifically excluded from needing to do any maintenance for those streets. Um, the current condition does require a good faith effort for the developer to negotiate with the homeowners association for some of those maintenance responsibilities as seems fair based on the impact. Um, of course, we cannot impel a third party a third party to sign an agreement. Um but there is a requirement for a good faith effort to um incur some of those maintenance costs at a fair share value. The condition does not specifically include impacts or uh payment towards the open space or park areas that are currently part of Dove Creek. Um the uh developer um believes that they have provided adequate space on site for those types of activities. uh if the commission certainly could recommend something different to the council if they felt so needed.

Okay. I hope that um addresses most of the HOA things. It's really um HOAs are private um organizations. We can't make an HOA do anything. Um the developer seems open to talking. So hopefully um they can work something out. if this project moves forward. Um I do want to kind of address the parking. Um because I I know that it's clearly an issue. Um what what is what could be a lower impact on parking than this project? I mean if they if they got rid of residential and increased commercial, how would that affect parking? It really depends on the commercial use. So parking is calculated very differently between those two types of uses. So parking for residential per our code is based on the number of bedrooms per unit plus a certain number of guest parking spaces for a residential development. And commercial is based on a number of spaces per square foot. So um something like retail is at one per 400 or one per 300 uh square feet. something like um a warehousing space is one per thousand square feet. Um and then restaurant and those types of uses are based on the number of tables and number of bar stools and number of kitchen square footage. So there's a lot of uh different uses that go into factor how much parking might be needed. Um a lot of times private developers do have a pulse on adequate parking to make a successful development. Um, our code is a little bit outdated, but generally requires a greater number of parking spaces than what is generally required by most municipalities and jurisdictions today. Um, but we also have a less walkable city than some of our other local jurisdictions in the area. So, um,

our parking standards are what they are in our code. And for hotels, how is that calculated? Hotels are generally based on the number of rooms and then there's generally an employee calculation for on-site management and things of that nature. Okay. Um there was a question about the hotel being non-manned and management. Um what are the kinds of things that we could do about that?

Yeah. So we're seeing a lot of hotels now, even the larger scale hotels like the home to suites um do a non-site management um type of hotel where you just get a a code to go through the door. Um it tends to be more cost-effective for hotels. So we're seeing that in both the larger scale and the smaller scale models. We have conditioned other projects that are in a similar type of situation to have a local manager that is available within a 30 minute or 60 minute drive time of the site to be able to respond to any issues. And so that could be added as as a condition onto the project. And I know security cameras were mentioned. Can we um put those conditions on there as well?

Yes, if you wanted that to be a requirement, you could add that. Okay. Um, did did we have a city attorney on because we had some legal issue questions and I don't even really know if we need to address any of those. Um, what we need to address and what we're allowed to address. Roxan, if you could just speak to maybe all of those.

Uh, yes, happy to. Roxan Diaz, assistant city attorney. Um, some of the comments uh tonight uh have requested uh conditions related to what sounds like a private legal issue uh between uh the owner of the of the property and um either pre previous business partners. Um the purview of the commission is to look at the land use issues and the legal issues that have been brought up um are private matters between those parties and wouldn't be within your purview. Any condition that is placed on the project has to have a nexus um or a sufficient connection uh between the condition and the impact that we're trying to mitigate. um and that type of condition wouldn't fall under the legal standards uh for the placement of conditions on a project such as this.

Thank you so much, Roxan. Of course. Um, so I I wanted to kind of go back to Cashion and Bliss because they were originally built um when the commercial property was planned for like a Costco tractor supply kind of use. So those roads were designed to handle greater traffic than they are seeing currently.

Yes. I wouldn't say a Costco would fit on the 5acre site. They were originally going to go on a much larger site there. Um, but there was a 60,000 foot commercial center that did have an anchor tenant of somewhere between uh 20 and 40,000 I think depending on who which tenant was going to come in. And then there was a tractor supply that was approved for the site uh subsequently to the original 2004 approval. So those roads are designed to uh manage that level of traffic. And because those roads are maintained by the Dove Creek HOA, how much parking jurisdiction does the city have over those? I don't know that our city engineer is still on the line. Um I believe that they have some public access easements over them, but we'd have to check the original map. Um, the streets are also governed by the governing documents, which would be the HOA documents. And so we'd have to look into that to specifically see if they are allowed to prohibit or restrict parking.

But the the parking restrictions are up to the HOA in Dove Creek, not the city of Atascadero at this point in time because we have not accepted the streets. That would be correct.

Correct. Okay. Um, there was a couple comments about large buildings. Um, I don't really know if we can answer those questions because the previous plan, I remember on this one had bit taller ones. So, um, more questions about HOA parking. Um, I think we've answered everything. Kelly, did I miss anything? Oh, there was one comment about SQUA. Um, you're the SQA expert. So,

I am very much not the expert. Um, I I know there were a lot of um comments about uh traffic and traffic comparisons. So, um it's a little bit interesting having such a layered project that had entitlements from 2004. So they do have an entitled number of trips associated with their previous environmental determination. And this project does provide uh less trips both in the total and in the peak hour trips than what is currently entitled on site. Um it's also a site that's listed in our housing element as um an opportunity site and in our inventory for housing development. And so even with the current environmental document that exists on the site, the state tells us that if somebody came in with commercial all on the ground floor and two or three stories of residential, that would just be a building permit as a byite development as well, which would likely have a greater traffic impact, but we wouldn't be able to say anything about that. Um, so it's a little bit interesting when we look at the complexities of how um all of those things overlap um into the project that's being presented this evening. And when we talk about peak hours, I mean when we have hotel, hotel has certain peak hours, a residential space has certain peak hours, restaurants have certain peak hours. Is is that kind of correct? Like they have different sort of peak hours. A lot of them do have different peak hours. So um generally we think of residential trips and these are all governed by the uh IT manual. Um so they have certain um peak hours that are associated with going to work, coming home from work. um some of those have been reduced over time because of the amount of people that work from home. So those numbers are adjusted regularly for uh differing trends. Um and then of course retail and and a largecale retail like a Target or a Walmart generally has different peak hour trips than smaller scale retail or something more neighborhood serving that's more spread out through the day.

Okay, I think we've covered everything.

I think that we did we did get a comment about hours of operation and um potential for that. um that would be under the commission's purview to add potential uh limitations on hours of operation um should you see fit for that. We do have a city noise ordinance that requires a lower sound at a certain point in time but doesn't necessarily require businesses to close and shut down. Um but that could be something that the commission might want to consider based on testimony. Um, I don't know of anything that's open at 2:00 a.m. though, cuz usually we're a sleepy little town and I know I'm in bed by 9:00. So, Oh, yes. So, there we did have one comment about a reduced parking findings, but I if I remember the slide correctly, they're actually putting in more parking than is required. I think required was 160 spots and they're putting in 178 spots. So there's a couple different layers to what the commission can do with parking. So if you took the total for everything and just added them together, I believe it comes out to 200 parking spaces. Our code allows a reduction for shared uses on site. Um assuming that not everybody's going to be there all at the same time every single day. And so that reduction allows us to go down to um 160 parking spaces um for the development. They are providing greater than that shared reduction number. There's still the shared reduction finding that is being proposed as for the resolution recommending approval

and u um condition of approval number 14. You said that you recommended a modification for that. Can we can we see that? Yes. And that is the developer also asked for a modification to it. So I just kind of wanted to review that.

Yeah. So staff's recommendation, sorry I'm really loud. Uh staff's recommendation on condition 14 is to add the tandem spaces into the exception for what we would allow to be signed as residential only. Um tandem spaces obviously don't make much sense for commercial um patron parking. Um so we would add those in. the developer is requesting that they are allowed to uh specifically restrict 95 spaces to residential only parking. That would limit um a commercial patron's ability to park there even if the space was empty. Um so staff does not support that request. When we do a shared parking reduction, we expect a majority of those spaces to remain open and not limited. Okay.

Okay. I'm going to bring it back to the commission for any other clarifying questions for city staff comments and conversation. Yes, Commissioner Schmid. Um the applicant had asked about a modification of condition 11 and I'm wondering what staff um understands of that. And then um did did staff ever re-re the um homeowners association documents at all at any time?

We reviewed the homeowners association documents with the original recordation of the Dove Creek map. Um it it could have changed over time. The city is not notified if there's changes to CCNRs. Was there a limitation on annexation into the HO into that original document? So the entirety of the Dove Creek development is already included in the association. It's just that the commercial is exempt from certain responsibilities. So they are they're within it now. I mean the the property is paying in their tax bill. Their property is not paying because they were exempted from payment towards any maintenance. There is interest in annexing them.

So annexing is different than setting up a maintenance agreement. Um, it's our understanding from a couple other projects that are going through a similar situation that in order to annex into the HOA, the entire HOA has to be reopened with the Department of Real Estate and a completely new um analysis and assessment must be done. So, fees could go up, fees could go down, but you don't know at that point. So, the safer bet for the maintenance of the existing HOA in their current form is to um form an agreement with the HOA.

I I understand that. Um my associations with HOAs are if a project doesn't annex into it within a certain period of time, the vote by the people within the HOA increases to 65% to let them in. Whereas if they annex in within five years, typically it's a 45% vote. And then if it goes beyond the five years and it's a 65% vote by the existing HOA to let them in. And so I was wondering if that had been addressed.

Yeah, the city is not requiring that they annex into the HOA and that the HOA change form in any way from what it is today. Comments is referred to. Thank you. You had another question in there, Dennis, but I lost it. Oh, the condition 11 made by

condition 11. Yes. Um on uh phasing I believe that is um so the city council generally has a policy for mixeduse developments especially horizontal mixeduse developments that the commercial develop first. It's the city's highest interest to develop commercial property which provides additional tax base to the city. Residential units generally are money losers for the city. Although this project is required to annex into our community facilities district for the residential units, which would help offset some of those cost um costs that we incur for residential units. Um I don't think it's completely unrealistic that the city council might entertain um their modifications to condition 11. Um the commission can certainly weigh in on a recommendation to that. Um, but that will ultimately be up to the city council in their final decision.

Also, commercial is spelled wrong in number 11 twice. Thank you. I tend to do that often. No problem. I have an eye for detail. So, I have a quick question. Um, okay, Commissioner, you may speak. Yes. Okay. I can I just interject? I'm sorry. We don't normally do this, but since we have our new assistant city attorney that's um joining us on our planning commission meetings, um we do need to give the applicant a time for any short rebuttal if they so desire. Oh, would you like a rebuttal? Okay. Okay. He he declines a rebuttal. So noted. Okay. May I speak? Now you may speak.

Okay. Thank you. Um there was a brief mention of a separate HOA. So, it looked like the newer development was separate from the previous. And so, there's kind of some talk here as far as parking concerns, but the previous was already kind of established. So, it looks like they're split essentially, it's a boundary where it's two separate HOAs running everything. Correct. Yeah. So, the commercial property is part of the original Dove Creek development, but because they're doing a map. Okay. If they didn't do a map, they wouldn't need an association. It would all be under one ownership and all be under obviously that person's responsibility to maintain because they're doing a subdivision. They will need an association to govern maintenance. Okay. And the commercial they're pretty much exempt. Correct.

Exemption not necessarily with the new HOA. So they will the developer team will be setting up that association, commercial association, homeowners association. However they layer those, there could be multiple layers um in in the way that they see fit, but the city's responsibility is to ensure that common areas are maintained regardless of who does that.

Okay? Because I'm trying to get a clear picture because there's there's a little bit of there's pre-existing, you know, issues from another party and then you have the new one which we can't really mandate that they fix those, but also want to make sure that the commercial still has flexibility to work with what's being developed on the new side. So, um, then I was going to ask, I brought up the water as far as, um, you know, where they were offsetting the drainage. Um, and grade got brought up a few different times here. Um, has the hydraologist looked at like the great difference in the water runoff from where the commercial is going to be established at? Yeah. So, they've done a preliminary grading and drainage plan and pre preliminary hydrarology analysis to determine what level of storm water retention and detention they would need to do. And so, that was included in the city's review.

Okay. Thank you. Any other questions, comments, conversation starters? No. Do we want a motion? Are we ready? I'm I'm just looking at faces. Oh, yes. Commissioner Kronza,

I think because we're not jumping on the motion, there might be some more discussion that we can have. Yes. And we're all kind of taking in a lot that we just heard. Some very new to us and some not new to us that we've been reading in our our online public comments that we received. I'm assuming that's correct. And then also trying to decipher too as a commission what we actually are um set out to approve tonight and motion and what we're have no jurisdiction to do. So we're deciphering a lot up here live right now in front of you. And again we're not approving anything tonight. All we are simply doing is sending our desires up to the powers that be.

Making sure this has a lot of due diligence I think is is the point of all this. Um I I will I will make a comment because I do like to comment. Um I've seen I I remember another project here and there were many of the same concerns. Um, and and this is one of the reasons why I did ask so many questions about parking. And um, and I want everyone in the audience to know that I great I personally greatly appreciate every single one of you being here. I appreciate all of you wanting to be involved in your community and have your voices heard. I think that it is so so so important. Um, I do want you to know that as planning commissioners, we're very limited on what we can do and what we can take into consideration when we make a decision. So, I hope that you know that every single one of us up here has heard all of you. We've read your letters. Um, just because we can't comment on something or just because you don't hear us discussing it doesn't mean we don't care. Again, we're just not I don't want to say just planning commissioners, but we're just planning commissioners. Um, so I think that the these place developments that we're doing or that we're trying to do in Atascadero are super important. Um, I played many a soccer game well coached many a soccer game at um, Paloma and you know at a tournament it was like where are we supposed to go get something to eat? It would be great to go out and get some ice cream you know something like that. And so having these kinds of things there is great. I totally understand the concern about um you know who's going to move into my neighborhood because I don't know them and and and they're small places or it

could be low income. It could be all these things. But at the same time, I think that one of the great things about Atascadero is that we've done a really good job of putting different kinds of housing next to each other so that we have this beautiful mix of different kinds of people because um you know getting to know someone who doesn't live the same life as you can be really really eye opening. Not always. I'm not trying to say like paint a pretty picture here, but you know um it's one of the things that people like about Atascadero is its eclecticness. It's it's diversity. So, um, you know, I get concerns for kids and safety and parking and traffic and all of that, but, um, at the same time, like this seems like a relatively, um, not dense project compared to other things I've seen proposed here. Um, and uh, I think that a lot of thought has gone into this by the developer um, by city staff who all I think live in a Tascadero and care about a Tascadero. Um, and so um, you know, my thoughts are kind of uh, I really like this plan. I think it's kind of a nice bridge between housing, commercial, place development. Um, you know, like it it I think that it I think that it fits in that area. Um, and so I'm I'm kind of happy to put this recommend this to city council and say like, you know, here's all the things we've talked about. Here's the things we're thinking. But overall, I think that this is a pretty good project for the area. Um, and and that it fits in the

neighborhood, that it will hopefully bring enjoyment and enrichment to um, Dove Creek and that the HOAs can cooperate and that they are not antagonistic, but that they do cooperate because they all have to live together in that area. it behooves everyone to work together to care for the trails, the the parks, you know, and the streets because you're all living there together. So, that's that's what I have to say. Yes, Commissioner Schmidt. That was nicely spoken. Thank you.

And with that, I'd like to make a motion, please. And the motion is to adopt and draft PC resolution as amended recommending that the city council approve an amendment to the Dove Creek master plan development CUP 2003 00099 besting tenative map track 329 and the amendments to plan development overlay number 12 to allow a mixeduse a commercial project on the Dove Creek commercial project property APN 045 33104 and find the amendments consistent with the previously certified mitigated ne negative declaration and included in that I uh recommend uh to the commission and the city council that we approve modification to uh condition 14 as recommended by staff and then also the recommendations on conditional 11 as proposed by the applicant in terms of u the word it wasn't a phasing plan it was not capit plan I think he said and so I would include that also please

and there's nothing about local manager of the commercial. Okay. Operations. Just check. I will second that.

Okay. Commissioner Schmidt. Yes. Chairperson Keane. Yes. Commissioner Anderson. Yes. Commissioner Coransza. No. Commissioner Heath. Yes.

Commissioner Hughes with moving forward with this. I would like to heed that I do have reservations as far as I understand the situation that we have 20 year old studies here and we have a whole topography that's changed as far as the demographic around it. Um and with that I don't see any reason that I can't find a finding to say to say no on this. So with the reservations I say yes. Vice Chairperson Dandikov.

Yes. But I would like to state for the record that I also think that the city council should and this is this is just my opinion, but I think they should discuss um having management close by for their for the hotel. The motion maker would agree. Okay. Thank you. Motion passes 61.

Um, I encourage all of you to submit your comments to city council. Um, it's very helpful when you can give facts and data to back up your assertions, but all of your voices are important and I again I encourage you all to reach out to city council and um, voice your thoughts, opinions, facts, data, and everything else about where you live. So, thank you all very very much for being here. I'm actually going to call a recess because I really need to go to the bathroom. Thank you. We're in recess.

I just wish we could have added a few things because that was our only chance to talk to city council. They're not going to listen to little Tik Tok comments. So that was our chance. That's that's the only thing. Yeah.

And I know across the street we have the same thing. Same as parking and traffic safety. I have reservations. If staff is still there, the microphones are on and picking up all the conversations. Come on.

adjusted voice. I appreciate y'all laughing at my jokes. I really do. Okay. Um, I call it back to order. Is that what I do? All right. And I'm calling us back to order. We're going to move on to our next item. 7625 St. Louis Avenue, Barber Automotive and Towing. Dazzle me. Who's do Who's doing this one? I'm doing this one. Dazzle me. Alexandria Fowler. Um, this is the auto repair shop with towing and outdoor vehicle storage. Use permit number 24-033.

Excuse me, chair. We need to do exparte. Wait, I forgot expart day. I was so busy eating my peanuts. Commissioner Coranza, now that your mouth is full, do you have any exparte? Commissioner Schmid, do you have any part? I heard this project at the DRC. Okay, Commissioner Coronza.

So, I I do not have any expert. Sorry for the suspense. Do y'all want to um put snacks in your mouth now? So, when I call on you, your mouth Yeah. Perfect. Okay. So, great. I have no exparte. Great. Commissioner Heath, no exparte. Commissioner Anderson, no exparte. and vice chair Vandenikov. I I also saw this at DRC.

Okay. And I have no expert either. Okay. Now you can dazzle me. Thank you. So the project site is de is a developed property located at 7625 St. Louis Avenue. The land use designation is um excuse me the land use designation for the site is service commercial and the zoning for the property is commercial service. The adjacent properties um as well, excuse me, the adjacent properties to this site are as well uh commercial service zoned. The auto repair shop is an allowed use with the zoning clearance under the Ataso municipal code. However, the towing and outdoor vehicle storage component are allowed with a conditional use permit, which is why this item is coming before you this evening. The project site is 0.39 acres. It fronts northbound Highway 101 and is approximately um 300 ft uh north of the Kerroll and uh St. Louis Avenue intersection. The adjacent uses are waste management bin storage facility to the north, a non-conforming residential use to the east, and the um Blast and Brew uh restaurant location to the south. The site is developed with a singlestory 3000 foot building, a parking lot, two landscaped areas in the front area of the property, and the remainder of the site is paved with either asphalt or concrete, and the site is completely fenced along the north, east, and south property lines. The existing building, as I mentioned, is a singlestory structure. It has a gable roof, metal siding painted a neutral color with brown fascia. The roof has a deep overhang on the front elevation and no overhang on the side or the rears. The only articulation to the exterior of the building is around the

front entrance where the partial brick facade frames the black metal and glass front door and extends underneath the black metal sliding windows sliding windows. The front elevation also has four post wood awnings that extend the length of the brick facade. Those wood post and support beams have rottened uh due to exposure to the elements and are proposed to be updated um repaired as part of this project. There are two landscape areas, one along the north property line um of the building and uh one right immediately next to the street. The other is along the southwest corner of the building. There are no landscape setbacks between the existing parking lot area and the back of the sidewalk. So, the applicant is proposing to relocate their existing automotive repair and towing service business to this project site. The existing 30,000 foot building will be used for automotive repair service and associated administrative uses such as towing vehicle dispatch. The property owner is currently repairing and replacing the damaged sighting and updating the interior plumbing fixtures. The existing damaged wood post and beams over the building entrance over the building's entrance will be repaired and replaced and an auding will be added to screen from the sun. To secure the towing truck fleet and towed vehicles that require storage, a fence will be installed across the center of the rear of the property and the existing access gate will be located will be relocated, excuse me, closer to the front of the building. The exterior lighting will be updated and security cameras will be installed. The existing landscape areas will be refreshed and replanted and planters will be added next to the building. The applicant is also proposing to install a 3ft by 8 foot wall sign over the entrance. And currently, if you've driven by the site, you'll see their old

signage is generally in the area where the new signage was is proposed. This aerial highlights how the site will be used. The areas highlighted in green are the existing landscape areas. The existing structure will be used for the automotive repair services and business administration. The building has a rollup door in the rear to the access to access the internal automotive service area bays. No automotive service uh work will occur outside of the structure. The area highlighted in yellow is where the tow truck fleet is um supposed to be located um and parked when not in use. And the area highlighted in purple is where any towed vehicles that require storage will be located. There is an existing 6ft tall chain link fence along the north and east property lines and a masonary wall topped with a 3-ft tall chain link fence along the southern property line. This proposed elevation illustrates where the proposed wall sign will be located on the building, where the existing landscape areas are, and where the access gate will be relocated to. The existing site does not comply with the applicable section of the Tascadero Municipal Code that requires a 10- foot minimum landscape setback between the parking area and the back of the sidewalk. Nor does it comply with the street tree requirement. Due to the size of the parking lot and the spacing it to back out of the parking area, the ability to reconfigure the parking lot area to accommodate a 10-ft wide landscape setback would be challenging in this particular situation. The municipal code allows the planning commission to modify landscape requirements when a fighting can be made that the existing vegetation or structural arrangement precludes the need.

Towing services were recently updated in the 2024 zoning code update which established the zoning and development requirements for towing towing services. Prior to that, towing services were part of service stations. Towing services are now conditionally allowed and service commercial and industrial zones. The update increased the locations where towing services could be located, which made this property a viable location for a towing service. Now, um, regarding the requested modifications, there's an existing fence around the perimeter of the property on the northeast and southern property lines. Um, the photo on the left illustrates the existing fence condition and lack of screening between the project site and the waste management outdoor storage bin facility. The photo on the right illustrates the existing fencing condition between the non-conforming residential use and the hybrid concrete masonary wall with the um chain link fencer topper um for the project site between them and blast and brew. The applicant is proposing to add screening to the existing fence between the project site and the property with the existing residential use and not to screen any of the other areas due to the existing site characteristics. The applicant is requesting a modification of the solid fence requirement for the outdoor storage area of the site. Since the project site abuts another outdoor storage facility, the existing on-site building blocks the proposed outdoor storage area from public view and there is a heavy veget and there is heavy vegetation in the rear of the property with the residential use. The municipal code allows the planning commission to modify or wave fencing requirements when a finding can be made that the specific identified characteristics of the site or site vicinity could um would make the

required fencing or screening unnecessary or ineffective. The proposed elevations illustrate where the proposed wall sign, excuse me, wrong one, the landscape setback. Uh they are also requesting a waiver of the minimum 10-ft setback between the public street and the parking lot and the planting of the trees. Um the proposed elevation that I showed earlier illustrates um where the existing landscape areas are. and how uh those areas would be impacted if there was a 10-foot uh setback put into that area. It would restrict the way that the parking moves. And therefore, staff is recommending um that the planning commission support the modification request to modify the landscape requirement. Staff is recommending that the planning commission adopt a draft resolution approving the conditional use permit. Use permit number 24-033 allowing the establishment of an automotive repair shop with towing and outdoor vehicle storage and modification of the required fencing fence screening and landscape setback subject to findings and conditions of approval. This concludes staff's presentation and I'm available for any questions that you may have. The applicant is also in the audience and available for questions. Thank you so much. Um, I just had a quick question. Um, by code, how many vehicles are allowed to be stored on the property or is it just the amount of space that's allowed to be taken up by stored vehicles? There there, excuse me, there isn't a limitation on the number of vehicles that could be stored. It's simply based on the amount of space that's there. Um I haven't done the calculation to see how many cars could physically fit in that um area that they're proposing to have the storage,

but it would be limited. They are proposing to put a fence there and so the area would be restricted and the storage vehicles would only be permitted in that fenced area. Okay, that that answers my question. I realized after I asked it, I was like, wait, they're not going to limit the number of vehicles. So, thank you. Any other um questions or clarifications for staff?

Yeah. Um, I just wanted to make a clarification. I I didn't hear it in the the report, but this did come before the DRC and the DRC comprises of two planning commissioners, two city council people and also um somebody from the public and we did um make the recommendation that the city the planning commission adopted based on findings. So, I just wanted to make that clarification that we did see this and we did recommend approval. Um, is the applicant here? Do you want to say anything? Okay. Any questions for the applicant?

Okay. You could move to Yeah, go to the podium and just state your name and then Commissioner Cron has a question for you.

Okay. Thank you, Daniel. Yeah. Um, I was curious if there was any conversations with the neighbors. Yes. Right on. Okay. I wanted to ask about that since you're here.

Okay, I'm going to open up for public comment. Thank you, Daniel. Um, the public will be given an opportunity to speak. Um, three minute, please limit your comments to three minutes. Step up to the microphone and state your name for the record. Anybody online? There is somebody with their hand raised online. It would be Devon. Devin, you go ahead, Devin.

All right. Good evening and sorry it's such a great or late night. Um, quick thing. Um, the last uh response or answer we did not hear on Zoom um, from the question that was answered. Uh, but I'll keep my public comment very short and sweet. Um, I did see this in front of the DRC commission. Um, I think it'd be a good thing for the Tascadero to um, get that building unacent. and I'm in support of this uh proposed project um at that location. Thank you, Devin. Chair, since the Zoom people could not hear um Mr. Barber's comments, maybe you could summarize just for the record.

So, Commissioner Kron asked if he had spoken to any of the neighbors. He said that um the landlord of the property has spoken to the residential neighborhood behind them and that they've been bringing him their cars to fix. They have a good relationship with Blast and Brew and everything has been going great. So, good relationships with the neighbors. Um okay. So, I'm going to close public comment then bring it back to the commission if we have any other questions, comments. Commissioner Schmidt. Um, no. If there are no other comments, I'd like to make a recommendation to the commission, please. Okay. Planning Commission, uh, to adopt a

Are you making a recommendation or a motion? And I re make a recommendation to the commission to adopt the draft re resolution approving condition use permit US240033 allowing for the establishment of an automotive repair shop with towing and outdoor vehicle storage and a modification of the required fence screening and landscape setback subject to findings and conditions. of approval. I will. Okay, I'll let you do it. As say assuming that's considered a motion, I will second that.

Sorry. Who got who did the second on that? I think I had a couple. Randy. Okay. Okay. Commissioner Schmidt. Yes. Commissioner Hughes. Yes. Commissioner Anderson. Yes. Commissioner Cor. Yes. Commissioner Heath. Yes. Vice Chairperson Vandikoff. Yes. Chairperson Keane. Yes. Motion passes 70. Good luck with your project.

Okay, we're going to move on to 9520 El Camino Royale Sweet A Jack's Smoke Emporium. Um any I'm going to remember exparte this time. Exparte. Commissioner Kron's exparte on Jack's Smoke Emporium. None. I drove by just to make sure. It's really fun to say. Jackson smokeorium. Um, say that 10 times. I'm getting delirious. I'm sorry. Commissioner Schmidt, no experte. Commissioner Hughes, no experte. Commissioner Heath, no exparte. Commissioner Anderson, no experte. Commission, no. Vice chairperson Vandenoff. Uh, none for me.

Also fun to say, I have to say. And no exparte for me. Oh, do we get Sam now? You have the privilege of All right, Sam, you got big shoes to fill. Dazzle me. Come on. Give me just one moment here. I will make sure I dazzle. Um, wait. I just have to make a comment. Um, I am. Yeah, it's Eric is the one that grows mustaches. I know. I know. I figure I figure we can differentiate between because he's going to curl his up. I'm going down. I'm going old like old Hollywood like foo man shoe style or what? We We could go there. All right. Cool. Cool. As long as we can different cuz if you guys have big the same mustache, we won't be able to tell you apart.

Oh, I could imagine it. Who's the bad one? Who's the good? Who's the evil one? It's going to be a department thing. Okay. Oh, Kelly's next girl mustache. Yeah. We have to get moments of levity in here when we're here for hours. So, I apologize. Okay, Sam, you're on.

Okay. Sure. Thanks. So um as you had mentioned we are here to discuss a conditional use permit application for Jack Smoke Emporium a proposed tobacco retailer at 9520 El Camino Real Sweet A and the ID of this project is use 24-0018. So, just a little bit about the project site. First of all, um, as I mentioned, 9520 El Camino Rial, sweet A. Uh, it is approximately about a fifth of an acre around 2, a little bit less, I believe, but, um, figured I'd round up. Uh, it's the corner lot that's fronting Santa Rosa Road in El Camino Rial. And so, um, as you're getting off the freeway in Santa Rosa, turning right onto El Camino Rial, it's right there with just a little bit of landscaping in the front. It uh contains a commercial building that currently has two tenant spaces, one of which is vacant and which the applicants of course would like to fill. Um it has six parking spaces and it has some pertinent landscaping and a little pedestrian pathway. Uh this is kind of a unique building. There's entrances in both the El Camina Rial frontage and the opposite side of the building as well. And currently, as I recall, the other tenant is actually using that kind of rear entrance near the parking as their main entrance. Uh and that opposite tenant space is currently occupied by a hair salon. So the zoning of this uh property is CT or commercial tourist. That is our commercial zoning district that's intended for retail uses, hotels, um gas stations, things like that that are more oriented towards serving the traveling public. Uh nearby properties on the same side of El Camino Rial are also zone commercial tourist. That's things like Arco, Suprema Meat Market, uh the Motel 6 across uh Santa Rosa from this property. Uh and across the street, you can see that darker red color there. That is commercial retail. Um and so I believe there's an animal hospital

there. Um and a couple of other things. I believe a town Labs, they do blood work. Um and then you can see a little sliver on the top right corner there. I do want to point that out is just right behind those commercial retail areas, there is a residential multif family zoning. I believe that's a condominium complex back there. Uh, and the site is approximately 225 ft southwest of those condos. So, just a little bit of a summary here. As I mentioned, the applicant is requesting a conditional use permit to allow the establishment and operation of a tobacco retailer in an existing tenant space. Uh, the proposed retailer will primarily sell tobacco products, smoking accessories, souvenirs, and a pertinent sort of miniart goods. You can think of things like supplements, snacks, non-alcoholic bottled drinks, um similar goods to what you would find in an AMM, you know, something like that. Um as well as of course like a pertinent smoking implements. Um so you can refer to attachment two in the staff report that is a business plan that was submitted by the applicants and it includes a larger list of product categories and uh and what they're aiming to sell and kind of who their audience is. Just a little bit of a dive into the land use analysis here. Um, so conditional uses, I think you've seen this exact line on PowerPoints many times at this point, but just to uh bear repeating, there are those uses which may or may not be appropriate based on the specific location or operations of a use. And so the attacker municipal code classifies businesses which as a primary use are selling smoking, tobacco or vaping products under retail sales restricted. And we do that just to make sure that uh we are able to have some kind of discretionary review about the way that that business is operated uh and located in order to make sure that you know any of the potential kind of negative externalities associated with tobacco retailers are able to be reigned in uh when when we're able to. Um, and this land use, uh, yeah, it's allowed in the CT zone subject to approval of a CUP

and, uh, that's just to allow staff as well as the planning commission to, uh, review location design and operational parameters. On to parking. Uh, so a task in our municipal code, as I believe Kelly mentioned a bit earlier, requires one parking space for 300 square feet of sales area for general retail establishments. That is the kind of parking calculation category that this land use would fall under. Now this tenant space is approximately 600 square f feet. Therefore requires two parking spaces. The site itself has six. Um the other tenant space um is the same size. It is a different land use. That said the property is party to a shared parking agreement and that consists of 57 spaces across Monaceto Plaza. And when I say Monaceto Plaza, it's a little bit misleading. It actually doesn't include the arco there. It is essentially just a kind of Lshaped shared parking agreement area that goes from this building around the corner where Kayman cycle is over to Suprema Meat Market. They're all under one shared parking agreement and that's a total of 57 spaces. Uh and because of this shared parking agreement, staff believes that the provided parking is is adequate for the use. So just some notes on safety and welfare. Um, so tobacco retailers can be associated with elevated police department activity and risk to general welfare. Um, you know, I I don't think that the negative externalities of of tobacco use are much of a secret. Um, that said, state and local laws mitigate many of these common uh externalities. Um, you know, things like uh smoking in commercial business areas, selling tobacco to minors, things like that. Of course, state law. Um there there are many laws that govern tobacco sales and licensing requirements, things like that. There are also local laws. We have um you know, pretty significant uh public smoking restrictions in the city. I believe they were passed by council ordinance uh a couple years back. And so um if there are issues that arise from

this land use, um there are mechanisms in place just based off of local and state law uh to handle those issues. That said, uh a performance condition has been added which allows the city to re-evaluate uh the CUP in a year if problems do arise and that just allows both the planning department and the police department to be able to look at this later on and say, "Okay, we have all of these conditions on this project. Have they worked to make sure that, you know, any of the potential negative effects here have been reigned in?" Um we've also added a project condition to keep the site clean and in good repair. We just want to make sure of course that um you know aesthetically and visually uh and in terms of connection to um sort of the pedestrian thoroughfare that is El Camino Riale that there is a u a positive kind of aesthetic contribution here. Um additionally the police department has reviewed and approved these conditions. There's quite a bit of back and forth between planning and the police department here and uh they gave their thumbs up prior to us uh taking this to planning commission. So, on to signage. Um, one thing that I would like to mention here, just specifically with regard to tobacco shops, I'm sure there, you know, you've seen them. There's many tobacco shops in the city that have, um, at least what staff would consider perhaps an excessive amount of window signage. Um, a lot of times it's advertising some of the products for sale. It's advertising state lotteryies, things like that. Um, and so we are wanting to to limit that at least to a reasonable extent, right? and make sure that um it's not obstructing the view inside of the storefront and not in that sense um uh placing a barrier on kind of the pedestrian commercial um interaction. And um so let me begin here. So we're going first on wall signs. So the applicants are allowed 30 ft of wall signage on the sort of primary El Camino

Rial frontage and an additional 30 feet on Santa Rosa road frontage. um that is just based on our wall sign standards that are um governed based on frontage length in lineal feet of uh commercial businesses. That said, conditions have also been added which limit the location of wall signs within those individual frontages to ensure that they cohhere with the intended appearance of the building. Um and so on El Camino Rial, the sign must be horizontally centered above the main tenant space windows. on Santa Rosa Road. The sign must be horizontally centered on one of the architectural projections along the frontage. I know that second one might be a little bit confusing. I'm going to have a visual aid here in just a moment, but generally speaking, it's uh those are both locations where when you're looking at the building, it's fairly obvious that that's where a wall sign would go. Um and the and the applicants did actually send over a proposed sign location um on the El Camino Rial frontage that would meet this requirement. It's just horizontally centered over the tenant space windows. Um, as I mentioned, you know, many tobacco retailers in the city obstruct a large portion of the front windows with those product advertisements. Um, so conditions have been added to minimize window signage and other window obstructions. Um, that said, due to concerns by the applicant team about theft outside of operating hours, you know, that is fairly expensive product in the store. Um, conditions do allow for the installation of blinds, slats, uh, or other kind of obstructing materials outside. you know, not security bars or anything like that, but just sort of interior blinds or slats, so long as they don't block the view of the interior during operating hours. Essentially, the intention there is during operating hours, you should be able to see into the store, have that connection between uh pedestrians and the commercial storefront, but then outside of operating hours, you know, you don't want really want people peeking into the store, right, at two in the morning or something. And so, they are able to block off the windows at that point. So just a couple of quick site photos

here. Um this is the current uh El Camino Rial frontage on the left there. The tenant space uh of course that's being taken up by this application will be the rightmost tenant space in this photo. Um it includes essentially um that middle architectural projection um vertically as well as the right section there. Um, and so both of the tenant spaces have sort of a an L-shape, I guess you could say, within the building. Um, and then this, uh, photo on the right here is the Santa Rosa road frontage. Uh, I mentioned a moment ago that one of the conditions that we're adding is having a wall sign, um, on one of the centered horizontally along one of the three kind of architectural projections there. And so that just gives them kind of an option if they did want to do a Santa Rosa Road sign um to sort of uh pick where it would be kind of most appropriate. We just wanted to give them the option not just to center it on on that sort of middle one, but also because there is somewhat of landscape screening there to put it perhaps on the left one or you know whatever might be most appropriate for the business. Um and on that El Camino Rial frontage on the left there, um the wall sign would just be placed horizontally between those two frontage windows on that right kind of chunk of the building. So just going over some conditions of approval. I figured it'd be prudent to put the exact wording here, but I'll summarize vocally. Um essentially this uh condition number one to five there, they're just the standard ones for planning projects. Um, condition number six, uh, is essentially just that all sales of tobacco products have to be inside the building. Uh, that's fairly obvious, but, um, worth putting there. Uh, number seven is that we need a valid California cigarette tobacco products retailers license, which is just a state requirement when they apply for a business license. Number eight, a catchall, basically saying they can't sell anything against a task municipal code or state law. Number nine, uh that

is the limitation on window signage. And so that is there essentially saying that uh what we don't want is a bunch of kind of cigarette advertisements and lottery advertisements and things like that on the windows. So we're limiting it to 25% of the surface area of any given window and limit it to lettering, graphics, and perforated window film. Um, we do have kind of an exception there where business uh signs related to the operation of the business, things like operating hours, open and close signs, uh, or that are required by law, uh, are excluded from that condition. Um, and then number 10 here, um, that is what I was demonstrating just a moment ago with those two wall signs in either frontage. Um, number 11, keeping the project site clean. Fairly obvious. Um, number 12 is just limiting the tent on the storefront windows. That is kind of another thing that we see uh when it comes to uh being able to see inside of storefronts of tobacco retailers in the city. They'll often tent their windows very dark. We want to kind of avoid that in this situation and uh you know and make sure it's not just kind of like a closed off area of the city, right? Um number 13. Again, this is a similar thing with just making sure that the windows aren't being obstructed. Um, number 14 with the blinds and the slats that I mentioned a moment ago. Um, number 15 was because um, they're um, they are proposing to sell essentially what I would call sexual health supplements, you know, similar to what you'd see at like a gas station, the rhino pills or or whatever you'd like to call them. Um, that essentially is saying um, when it comes to I guess intimacy materials, it's limited to that. It's limited to what you'd be able to find in a pharmacy, in a gas station. um nothing outside of that that would be considered adult oriented material in our code. Um won't get too into specifics there. Um number 16, no bars or other physical security barrier shall be installed without approval of the

city. Um and then lastly, number 17, that is the performance condition. essentially saying that the community development department or the police department can come back to this a year later and add additional requirements or conditions if it's found that there is um some sort of negative effect on public safety and welfare that wasn't addressed in these conditions. With all of that said, um, as conditioned, staff is recommending that planning commission adopt the draft planning commission resolution approving use 24-0018 and allowing a tobacco retailer at 9520 El Camino Real Suite A based on findings and subject to the conditions of approval. There also also are some uh alternatives that the planning commission can do. Commission may approve modifications to the project or modifications to the conditions of approval. uh you may determine that more information is needed and continue the project. If that's the case, then the commission should clearly state the type of information that is required and move on to continue the item to a future date. Um and number three is of course the commission may deny the project. In that case, the commission must specify the reasons for denial of the project and make a finding associated with that denial. This is just a list of the findings. We can come back to this if we need to during the discussion, but worth having on a slide. With all of that said, uh, are there any questions from the planning commission?

Yes, Commissioner Schwitz. Um, I read in an article this week, the Senate has passed a bill or let a bill out of their uh go to the floor that's going to pro allow for there to be Amsterdam like bar front uh stores for smoking pot. Um, if that law passes, how would that affect this use permit?

So, there's uh yeah, there's kind of two aspects here. First of all, I believe that is for more of a a smoking lounge sort of um I guess you could say more of a a a service or club oriented business than a retailer. Um, another aspect of that too is um, cannabis sales and consumption. Um, although it's become pretty widespread in California, it is still very heavily regulated. The licensing requirements are very strict. Um, and any addition of a cannabis use to this project would be considered an entirely different use. Um, retail sales restricted um, does not include cannabis under under that umbrella. Uh, and we don't actually even allow the um brickandmortar sale of cannabis products in the city.

Okay. Thank you. Um, sandwich boards um they're illegal. Would um condition 17 come into play if something like that happened in front of the store?

It could. Um, one thing I would note there is is as you mentioned, sandwich boards in the right of way are already against city code. Um, so we definitely could add a condition that was essentially reiterating what is in our municipal code. Um, but I I I believe that that would be something that um, you know, may end up being kind of a redundant action in the end. In the city of St. Lispo, there's a smoke shop on Charles Street just off of uh Hagera. Now, out front there is a statue standing there. Would something like that be considered signage in our community or would that be allowed within the community?

It depends on what the statue is. So, if it's any way associated with what's sold at the business, it would be considered signage. We also don't have a city-wide art program currently and so we don't really allow citywide art, especially in the right of way. Anything would require an encroachment permit. Uh whether it's politically correct or not, it's a a wooden sculpture of a of an Indian sheep somehow associates associates with smoke shops. Um I appreciate condition 17, so thank you for including that. Um that's enough, please. Sure. He

I'll go quick so Tori doesn't hit me too hard. Um first Sam, I want to know the full inventory of those supplements you were talking about. Actually, my question here is do we have any constraints on how as far as the spread of these tobacco shops like one so many blocks or is it pretty well open just it fits within the coding of that area? Um not that I'm aware of. Um it really is something that is primarily up to um planning commission because any tobacco sales um as a primary land use would be considered retail sales restricted and in every zone in the city that is something that requires a conditional use permit. And so during any hearing for a future smoke shop, if any of you feel that it is too close to another smoke shop, um of course you'd absolutely have the right to, you know, consider that in your decision. Um, and uh, I believe there may also be um, relating to state licensing requirements a limitation on how close it can be to kind of specific land uses like elementary schools. Um, I'm not 100% confident of that, but I did do quite a bit of research on tobacco licensing a couple weeks ago and I believe I read something similar. Solid. Thank you.

Yeah. Go ahead. Do we have a handle on how many we smoke shops we already have in the town? believe that's actually in the uh the business plan in the back here. And I believe it was either four or five. Five. Yeah. Okay. I'm being given hand signals. Those are applicants over there. Yes, that's correct. Got it. Any other questions for staff? No. Applicants, would you like to say anything or did they cover it really well? You can head up to the microphone and say anything you'd like to say. Just keep it clean.

Please make sure the microphone's turned on. There's a little green light. Thank you. There you go. I'm Alex Suki. Um I'm going to be one of the representatives as far as one of uh for the smoke shop and then also work in the smoke shop. I do have a lot of background in that. uh actually started off in Matascadero with a gas station across from city hall actually. Uh from that time I have learned a lot and a big part of that is actually going back to a lot of our signage and our window talk in terms of not cluttering or having anything too obstructed or out of you know reach.

I mean frankly we we don't want that either. Like we want it to look different than most because we recognize the stigma with it and we don't want it to look like you said the the Indian I know exactly the shop you're talking about. Yeah. As soon as you said we don't want any of that either. We want it to look like pretty much any other store. Um we're just a couple of 30-year-olds just trying to make it, you know. Uh but I think that's pretty much it. We're just a family. My parents, my dad is the applicant, but we've are locals here in Atascadera. we've been heading it and I think that's pretty much it. All the conditions I mean they kind of already things we already had in mind. Um

we're trying to take a different approach in terms of we want a more transparent more

open concept you know business model where if you need to come in we don't want loitering we don't want any you know increased risk or liability. We do know that our business does come with that as that has been stated and because of that we would like to kind of try to diminish and mitigate anything and everything possible with a simple transaction process. If you come in, everything is before you. There's nothing locked up or hidden necessarily. The prices will be clear for all to see. Um and just a simple transaction come in, you know, get whatever it is you may need and all get there. And I'm sure I mean Sam saw it a little bit when he came and stopped by. But the shop itself, it's not dark. It's not hidden. Everything's very open and it's all that rustic wood grain. It's not like your typical, you know, just black and dark and you kind of feel weird going into it. It feels honestly just kind of like a store. Yeah.

All right. Thank you very much. Is there anyone else that wants to make a public comment? I'm opening public comment to the Zoom people in here in um the chambers. You have three minutes. State your name at the microphone. Everybody knows the rules now. Anybody on Zoom? I do not see anybody with a hand raised.

All right. Going once. going twice and public comment closed. All right, commissioners, any comments, questions, thoughts. Yes. Uh yeah, I just was going to echo something that I heard um my fellow commissioner say it when the applicant came up, the representatives, um it just sounded refreshing for stigma and just getting what you need for the clientele that you're serving. And so I think, you know, while this isn't the first thing I would jump on to like have, and I don't think I'm offending you by saying that, um it it's not like, oh my gosh, you can't wait. Um, I mean, we got a piano lounge going across the street here, so I'm you know, there's there's lots to compete with around here for tourism, but yeah. Um, I I just think that in general, um, yeah, findings are clear, and it seems like this is actually quite a local mom and pop shop. Um, so I I support the project. I too love their youthful exuberance and hope they can hold on to that as they run a business because that is no easy feat. Okay. So, uh, anybody want to make a motion?

Oh, you have a comment? Yes. I had a quick comment. I just wanted to know if there's going to be a walk-in humidor and what kind of cigars there were going to be. We'll get to that. We'll get there. Okay.

I guess we know where Jason stands. Okay. I'd like to make a motion. Can we go over towards the staff's recommendation, please? Okay, I will make a motion that planning commission adopt the PC resolution draft approving use 24-0018 and allowing tobacco retailer at 9520 El Camino Railway A based on the findings and subjects to the conditions of approval. I'll second that. Mr. Corona. Yes. Commissioner Hughes. Yes. Commissioner Anderson. Yeah. Commissioner Heath.

Yes. Commissioner Schmidt. Yes. And I'm very impressed with the business model that you wrote. Vice Chairperson Vandenoff. Yes. Chairperson Keane. Yes. Motion passes 70. Good luck very much. Running a business is hard work. Yes. All right. Does Eric get this one? Yeah. Excellent. Oh, I know. I haven't even called the item yet. All right. We're going to move on to 2605 traffic way. A telecom Oh, man. Telecommunications facility and height modification. Any exparte? Commissioner Cronza, did you speak with the telecommunications tower?

I spoke with these gentlemen on our break. Um, they seem okay. Um, but yeah. No, other than that, I just I I had said that I was a few minutes late because I was driving by the property and I was a little perturbed with them, but other than that, no, I'm I'm okay. Commissioner, no exparte. No expert. Commissioner Heath, no experte. Commissioner Anderson, no experte. Vice Chair Vandenoff, this did come before the DRC, so I did see it there.

And I live over there, but we checked and I'm far enough away to not have to accuse myself. So, I just wanted to make that clear because I did comment about that at the last meeting. So, um All right, Eric, you got the most exciting item of the night because it's the last one. So, dazzle us. So, I'm going to go ahead and take my time with this one because everyone got a lot of time. So, I don't want to feel left out.

All righty, planning commission. Uh we're gonna keep this simple. Hopefully, we're not splitting the atom. This is a Verizon telecommunications facility at 2605 traffic way um use 240014. All right. Um this is the project site on the screen. It's 2605 Traffic Way. Uh it's on the property where the congregation or Safon um synagogue is previously the Masonic Temple. It's northwest corner um northeast corner sorry of trafficway and petroa road um surrounded by a local daycare the railroad um and the across the traffic way is the uh task unified school district yard zoning is public. There is a plan development overlay is plant development overlay number 35 for this property. Um, and on your screen, uh, you know, I highlighted the the to the totality of the parcel in red. Um, but there's a little tiny star there, uh, in the parcel, uh, with another little shape in a hyphenated line. That is where this facility is going, just for reference. Um, project description. So, Verizon has gone and acquired a 580 foot lease area um, on this property. Uh within that 580 foot lease area, they're proposing a telecommunications compound with associated equipment. Associated equipment being electrical cabinets, network equipment cabinets, a generator, um things that are pretty typical of telecommunication sites. Um as well as a cell tower. That cell tower is going to be 63 foot monopine. Um so stealth design, monopine design. Um the entirety of that in of that uh lease area is going to be enclosed with a 9 foot CME wall. Um and they're also providing some

perimeter landscaping around that enclosure to help screen the view from the neighboring property um as well as from trafficway provide some visual buffers um since that is a pretty tall wall there. So on the screen you have a little site plan. I'm going to go to my next screen which starts the pretty pretty pictures part of this presentation. Um so you can see highlighted in red 9 foot CME wall. Um that green circle with a little trunk that I drew in that is the 63 foot uh telecom uh tree or the cell tower. This is the monopine design tree. Um the property line to that adjacent property that is 16 feet away. So that compound is set back 16 feet. Um the Learning Tree preschool building that's two almost 230 feet away from where the telecom site is going. Uh and the synagogue which is on the same parcel um that's about 250 ft away from the compound. So here are some uh sections elevations of the proposed compound. You can see the mono pine tree there in its 63 foot glory. um and the 9 foot wall which will fully enclose all the telecom equipment uh that is uh mounted to the floor. So the network cabinets, generator, the electrical cabinets um will all be placed inside there um with some mand gates uh to allow you know occasional maintenance though the site will be unmanned um generally. So the applicant did provide some photo simulations. On the left hand side that's the existing view um without the monopine without the compound. On the right hand side of the screen um that is the telecom uh compound um with the setting with the existing setting around it. So that helps you visualize a little bit what that will look like from trafficway.

So analysis will be pretty quick here. um telecom facilities are conditionally allowed in the P zone and that's been carried over to its uh to its plan development overlay number 35. Um typically these kind of unmanned uh structures they're allowed a height of up to 50 feet. Um so the applicant has proposed or is requesting a modification to the height which the planning commission is allowed to do within the scope of this conditional use permit. Um subject to some specific findings. Um he high mod modifications are pretty standard pretty typical for telecom towers. It allows providers to get the cell range that they need for their service to be feasible on that site. Um it's pretty much a a standard or staple of almost every cell tower that we see come into the city. Um radio frequency emissions do comply with FCC safety guidelines and we have a stamped engineered report that says so. Um and we will get to a little bit more on that in just a second here. Um the DRC did endorse the design of the telecom tower with recommendations ensuring that the wall color uh so the the block color on the CME wall um does you know blend in with the existing buildings and the existing landscape a little bit darker than what was originally proposed. Um that the applicant pro proposed some landscape screening uh closer to that wall and um that we provide uh conditions for ongoing maintenance. So, making sure the site looks the same as what was proposed, what we're looking at in the uh photo simulations and the elevations um and that they make sure that any debris and litter uh are, you know, attended to, you know, within close uh I guess timeline of when it's first observed and reported to us.

Um so just some uh quick guidance uh for your considerations or any considerations that are going to happen on this hearing regarding radio frequency emissions. The DRC during the hearing did direct us to um work with the applicant to address some concerns that we heard um from the neighbors at the preschool. Um I just want to be very clear that uh telecom facilities are regulated by the FCC. They very much narrow the role that planning commission and planning departments have in entitlements. Our role is to look at the telecom facility project and compare it to our standards that we have in place for the zone and the findings that we have in place for the CUP. We cannot make decisions based on RF emissions. We have to presume that the site complies given that we have a report by an RF engineer that says that the site complies. We cannot deny. We cannot ask for modifications. We cannot ask for changes to the project based on radio frequency emissions according to federal law. With that said, um my recommendation is to adopt the draft resolution approving conditional use permit uh use 24004 allowing the the development of an unmanned telecommunications facility and a height modification for a 63 foot modified cell tower. subjective findings and conditions of approval.

I just want to confirm that monopines are native to this area, so it'll just blend right in. Right. They are indeed. Yes. Yeah, that's what I thought. I think they grow by the creek. So, yeah, I'm pretty sure. Uh yeah, I'm sure they are on our tree list. I mean, we should do more mono pine street trees. I think if you remove one, you should have to replace it. Absolutely. All right. Um any questions for staff? I liked how serious you got. You're like, you cannot deny the FCC says so. No. Uh, yes, Commissioner Anderson. Is there any way they could put lights on it at Christmas? Yes. Can we Can we do that? Oh my god.

They could be built in and you just flip a switch, you know, really easy. Is that something we can do? Sounds like a good question for the applicant. Okay. Right. This is what happens when you get us at 9:00. We're wondering if we can get Christmas lights on the monop. We're missing a social cue with the site that this is on. Oh, that's a Maybe they could be blue. No, that was wrong. I'm sorry. I shouldn't have said that. I apologize. Anything is possible, though. Holiday lights. I withdraw my request. Yeah, perfect. Oh my gosh. Um, okay. Any other questions for staff that are appropriate for this meeting?

Okay. applicant, would you like to comment now after all of that?

Um, actually, yes, I would. My name is Pete Schubin. I'm with Sequoia Deployment Services. Uh, Madame Chair, just a quick note, our item was referred to as riveting earlier by you and we were referred to as Okay. Uh, that was noted the difference as compared to the cellite itself. Um, we're here tonight representing Verizon Wireless. I'm not going to go into the design staff covered all those items. Uh this is a fairly standard wireless facility. One thing that wasn't mentioned in the staff report was some of our community outreach. Uh when this project was envisioned and noticed, uh there were some comments that came from neighbors. Uh we said, "Hey, we'll have a community meeting. We'll address those." And we asked for those comments in writing in advance so we'd know them and be able to prepare. Uh we got those. We responded in writing to those comments just to make sure everybody understood what we were going to talk about if they had anything else and the party withdrew the request for a committee meeting said that addressed the questions. Thank you very much. So, we're here tonight to answer your questions if you have any. Uh the gentleman uh who answered the questions regarding the emissions to the public is here. If you have any of those, we'd be glad to answer them. Uh with that, we request thank you for your review. We request your approval of the project. There's any questions we'll take.

I just want to know. Um I'm on T-Mobile. Does this help me in any way? In a strange way, yes. No, it doesn't help you. But competition is good. Oh, absolutely. When carriers have good service, the others recognize that and want to have good service as well, and everybody benefits. I did leave one question. We do light our trees. It's not exactly Christmas trees. If you're near an airport, a helipad, you might get a a white beacon or a red light. I don't think we would. No, I think we need fiber optics on the end so that they can be lit up seasonally. That would be interesting, but I haven't seen that yet. This would be that would be

I think I think there's an opportunity for innovation. Just saying. Yeah. So, we'll start. Uh any questions for the applicant? They are right next to a school and the preschool. So, it's interesting. Well, and a and a Jewish temple, so we need to be careful about what holidays we're asking them to celebrate. Yes. Um I I actually think regardless of the jokes and and the sarcasm that there was some sincerity in that to community outreach, so it is it is quite curious to bring about to you. Not that you could say yes to anything right now as a representative, but

we we did that community outreach and that was some of the questions that came back, which is why we offered the meeting. Sure. And it was questions that came that came from the preschool. Yeah. Um and and so yeah, those were met of course is what you said. Yeah. And then is is there any uh other community outreach things that you're doing with the project? I'm just curious. Or is it a pretty straightforward? You install the mono pine and you're good to go. This is a pretty straightforward project. We install that. We take questions and answer them when they came up. When they come up.

Yeah. Okay. have a quick question. Um, okay, I'll make it quick. We'll make it quick. So, um, at my base where I work, we actually have our own dedicated like cell tower and when you get close to it within a certain, uh, they actually have a like a quarantine zone where they mention like FCC regulations. Once you get within like three feet, it gets past like a certain point that's recommended. Does that exist with this type of cell tower? That is when I'm going to step away from the microphone and let Mr. David Wattowski who is an expert in that field to answer your question. Yeah. Yeah.

Thank you for the question. Um I believe you've all received a letter with my qualifications so I won't bother you to repeat my resume. Um my answer to that is the analysis on this biology communications facility is that at the ground level there are no problems. There are there's a it's all within the FCC's limits which are derived from the ITEC95.1. I serve on that committee. So we we literally publish a standard that the FCC adopts. Okay. And I'm well I'm well familiar with it and I have no concerns about this design. Okay. You got it. Thank you.

Anybody else? Well, I I'll just make the comment that when we did see this at DRC, we had a lot of community uh input and it looks like it was resolved because um 10 of those people aren't here.

Okay. Did you on DRC ask if we could get a palm tree instead? No. Okay, I'll stop with the jokes. Um any other questions for the applicant? No. Thank you very much, guys. Um, I'm going to open up to public comment. Three minutes. Step up to the microphone. State your name. Anybody on Zoom?

Not. My cold medicine's wearing off. Okay. Uh, okay. Going once, going twice, and closing public comment. Commissioners, any questions, comments, discussions? Yes, Commissioner Croza, I'm just quite impressed with the audience we have still here. I know. So, I'm just curious here for the long haul. Your thoughts regardless of if it's this item. So, thank you for being here. They stuck around for my presentation specifically.

It was riveting. It was absolutely riveting. We were dazzled. Any comments or questions down here, guys? No, but I'll make a an motion. Okay. I make a motion that the planning commission adopt the draft resolution approving conditional use permit use 24014 allowing the development of an unmanned telecommunications facility and a height modification for 63 foot monopine cell tower. Subjective findings and conditions of approval. And I will second that. Vice Chairperson Bandana. Yes. Commissioner Heath. Yes. Commissioner Anderson.

Yes. Commissioner Coransza. Yes. Commissioner Hughes. Yes. Commissioner Schmidt? Yes. Chairperson Keane. Motion passes 70. Good luck with your project and let me know about those lights. the fiber optics on the end. Follow up with me. Okay. Awesome. I can't I can't wait to see them glittering across the United States. Yes. Um any commissioner comments or reports. If you say yes, you're in trouble. I'm going to say

Oh my god. What? I just want to really just say that um in all honesty there is a um work being done to reseal some of the uh murals and we are working on you know pre preventing graffiti and so if there are any folks out there that are in support of that and want to chat with me about that I would be more than happy to talk to you. I did notice that the one on traffic way was resealed and it looks fantastic. It is bright and colorful again and you there's no sign of graffiti. It looks amazing and you're doing amazing work. Yeah, the the artist was really collaborative on that. So, I'm happy I think about that.

The art is an asset to our community. So, and I just want to just give some props cycles to Commissioner Heath because he has been talking to me about it and I'm appreciative. Yeah. Any other comments or reports? Okay. Um, he's not here, so I'm not even going to ask Phil if he has a report. Phil has no report because he's not here. And we do not have any items on our next meeting. So, we will keep you posted for the following one. Awesome. Um, I will briefly say that our um, hillside grading standards and sequest streamlining standards will be coming forward to you sometime before the end of summer likely. Very excited about those.

You know what? I actually believed you when you said that. Um, because it's true. My goal was to get us out of here at 9:06 with thoughtful conversations and comment. I'm sorry. My goal is to get us out of here by 9:00. It is 9:06. I appreciate all of you for your thoughtful comments and um, laughing at my jokes as always. And I'm going to adjourn this meeting and we'll see you when we see you. Our next meeting is June 4th scheduled, but it might be get cancelceled. So check out the website.