Planning Commission - Regular Meeting

Testing. Testing. I can hear you, Marcy. Thank you.

You go.

Hi, and welcome. Wow. That is loud. Welcome to today's planning commission meeting for Tuesday, October 28. We're gonna go ahead and get started with the pledge of allegiance.

I pledge allegiance to the flag of The United States Of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Roll call please.

Commissioners Connolly? Here. Commissioners Roden?

Here.

Marlow? Here. Koehler? Here. Neil? Here. Christensen? Ko Verubius? Here. And commissioner Christensen let us know that he would not be in attendance tonight.

Thank you, Darren. Staff introductions, please.

Marcy Reynoso and Jessica Ferguson, planning technician.

Darren Nash, city planner.

And Sarah Lachlan from BBK on the phone.

K. Thank you for that. Moving on. Are there any general public comments regarding matters not on the agenda? Seeing none in the audience, Marcy, any callers?

No. No callers.

Thank you. Are there any agenda items proposed to be tabled or rescheduled?

There are none.

There are none. Thank you, Darren. Okay. Then moving on to the public hearing portion of our agenda today. We have one item, Calderon's Auto Repair CUP twenty five dash zero four. Do we have a staff presentation?

Evening, commissioners. Tonight, I'll be presenting, on behalf of Calderon's Auto for a conditional use permit for vehicle service and repair, for major repair and body work over at 1621 North River Road. Alright. The proposed location, 1621 North River Road. Here's the parcel highlighted in red and the proposed tenant is in an existing space of the building located towards the rear.

They're out in zoning designation and general plan designation is industrial. Their hours of operation are Monday to Friday. I apologize I have 8AM to 5PM I believe it is 9AM to 5PM. So, the definition and what differentiates major repair and body work versus minor is that it does include light duty trucks and heavy duty trucks, body fender shops, which is what kinda loop them into this major definition is working on the body of the vehicle. And I did wanna just note, it does not include vehicle dismantling, salvaging, tire re threading, or recapping.

So more of those heavier industrial uses. Given the size of the tenant space, it's not anticipated any heavy duty trucks to be the primary customer of the service. However, it did get looped because of that body and fender shop used within the definition. I've also included just a photo of the existing site. As you can see, that tenant shop and based on the configuration of the building is pretty far back from North River Road.

And you can kinda see there at the rear. So looking at the site plan highlighted in red, the tenant is occupying both Unit 8 And 9. The majority of is to install a spray booth inside that tenant space. It does not have any doesn't exceed kinda the size of space. It's fairly small. There's a bay window a bay door that then they drive into in the spray booth and that's where they do all of the painting, spraying, repair, body work.

And then next slide.

Looking more closely at the floor plan, there is a small office included. It's showing as well the bay doors and the ingress and egress points. Next slide. Here we have the elevations. There are no exterior changes to the building opposed from a vent for the spray booth.

This is proposed to be screened. Next slide. So, looking here, more specifically at the mechanical equipment, roof mounted equipment is required to be screened from public right away at grade. So, the visual on the right shows kinda what it looks like and a rendering from the designer of that look more screen, kinda architecturally into the building. Equipment at grade, there is an air compressor located in the rear of the building.

It is appropriately screened with the existing fences that are there. A side note, the noise of that air compressor, it is conditioned to comply with the noise standards and that may have to be mitigated with, sound suppression or the option of moving that equipment, thank you, indoors. This is just to take a look at the landscaping showing that it's been well maintained since the construction of the building as well as that rear fence, that screening, kind of the various tenants all the way back to that rear tenant that they're occupying. Another factor to consider, there's a small sign to be placed on the door, just advertising their shop. Again, it's not very visible from the public right away.

It's also exempt from permitting requirements being just a small door sign, less than 30% of that overall door. Looking at parking. So, the initial plan development entitlement in 2018 for phase one and two on '20 sorry, 1621, as well as the building on 1611 was proposed with 60 on-site parking spots, and that is how it has been constructed and built. Today, based on the square footage of the building that totals about one spot per 560 square feet, and current code does require one spot, sorry,

I think that's meant to say

four spots per 1,000 square feet. That would cause an increase to about 64 parking spots total. Given that the tenant is occupying existing space of the building, there's no increase to the intensity of the site with adjacent uses being major auto repair entitlements that they've obtained in the past. Therefore, with the non conforming parking, it does not trigger an increase in the existing parking required. I've also included another graphic on the bottom left just demonstrating the few times that I've been by this site.

The parking has never been at capacity or over capacity. It's a fairly low volume, low traffic spot opposed from the cars and vehicles that they are operating on. Looking at some of the site specific conditions that are proposed with the approval of the conditional use permit, in obtaining a building permit for the spray booth itself, they will have to get approval from air pollution control districts, others to just regulate, emissions, make sure that they're all, approved and good to go. The something factors that we discussed previously, equipment such as the spray booth, air compressor, they will all comply with noise standards of the zoning code, and then as discussed they have the option to mitigate any noise above that level with sound suppression that'll be submitted with the building relocating that air compressor inside the building. In addition, the roof mechanical equipment will be screened and all repair work shall be conducted inside the building and will not be conducted outside in the front area.

So the options for planning commission tonight are as seen to approve the project by adopting draft resolution PC25 XX based on the findings subject to conditional approval, approve the project with modifications, refer it back to DRC or staff for additional analysis, or deny the process project by adopting findings of denial. Recommendation for planning commission tonight is to approve the project by adopting draft resolution p c 25 x x for conditional use permit twenty five zero four based on the findings and subjects to the condition of approval. Thank you.

Piper, Thank you very much. Alright. We'll move on to some questions from the commission to staff. Are there any questions for staff before we see if the applicant would like to speak? Commissioner Kogler.

Thank you, mister chair. Just one quick question. It really goes to broader interest than just this one, but the air compressor and the noise issue. When you assess that, do you look at what the specs are on the equipment? Do you go from that? Do we actually have noise monitoring equipment that you go out in the field? How do you make a determination of what's compliant and what's non compliant?

We do have noise monitoring equipment that we could use. I know PD and community services has that as well if they were to ever receive a third party complaint. We do have the possibility of going out there and testing. We don't have spec specific types of air compressors they're required to use, just that they meet that requirement. And that is why we we kinda proposed those two options based on what is more doable for the applicant of whether that be sound suppression or relocating it indoor, testing it, making sure it meets those standards.

Okay. Thank you, commissioner Kogler. Any other questions for staff? Commissioner Roden?

Just just as a follow-up, Piper, do we actually, as staff, go out and check or who checks whether it's compliant or not with sound or with noise?

Staff are able to go out and check especially as a request of planning commission, and then more long term, say months, years down the line, if it does ever increase, they change out equipment, so on and so forth. It would be more from a PD or community service response to a call response.

Since we did discuss it during the DRC and a possibility of having to move it inside if it was not compliant or wrapped, I think we need to at least do the check to make sure it is compliant.

Yeah. Absolutely.

Commissioner Connolly.

Thank you, chair. Yeah. I was just curious are specific as to what type of shielding, the color of the shielding on the roof of equipment that's on the roof. Is there any requirements for does it match the roof? Does it match the building? And if that's that's been considered here.

The rendering proposed by the kinda drafted up by the designer on the most recent set did propose it to match the colors of the walls and kinda have that same corrugated texture's not the right word, but material to match the sides of the building.

K. Thank you.

Okay. Seeing no other questions. Wanted to offer the applicant an opportunity to say a few words if they so choose. Certainly not required, but if they'd like to. No? I see I see a head shaking. Nope. Not gonna happen. Oh, maybe. Go ahead and go ahead and step up to the mic. Go ahead and provide your name.

This button, that'll turn the

mic up.

Turn right there. State your name.

Hi. My name is Javier Calderon, and I'm the owner and the barrister Calderon's barrister. And my wife Maria Calderon and that's the only half of the day.

Okay. Well, don't don't go any

I'm a nervous.

It's okay. I'm gonna ask you a couple simple questions. So right now, you provide auto repair. Correct? Yes. Only auto repair?

Yes.

Okay. Are you going to beyond are you shifting from auto repair to auto body work primarily or are you gonna do both? Auto repair only?

Auto body repair, yeah.

So right now, do you do mechanical repair?

No. I'm not a mechanic. It's auto body repair.

Only auto body repair?

Yeah. Only.

Perfect. Okay. And then the parking that you have in front of your place, is it assigned parking that you have?

Yes. We have. Yes.

Assigned parking?

Assigned parking. We have Okay. Cauldrons.

Okay. And you and you don't ever go beyond the assigned parking or have a need to go beyond the assigned assigned parking? I I would ask you in Spanish, but then everybody else wouldn't understand this.

Maria. I need some help.

Can you just state your name? So

we don't have sign

for it.

Your name, please.

Will you

just state your name?

Oh, my name is Maria.

Oh, hold on.

Turn it.

Sorry. It should just stay present.

There we go.

Just leave it on.

Yes. There you go.

Okay. Hi. So my name is Maria So to Catherine. And about the parking, can you repeat the question again? So

I was curious. You guys have assigned parking for your for your location. Yes?

Yeah. We have the I don't know if they're assigned, but we have, like, the like, six of the parkings that are, like, in front of the shop.

In front the shop. Do you guys ever plan on having to part if you're gonna do auto repair, auto body repair, I would assume sometimes you might have more cars.

We always try to just have a limit. Limit. So yeah. Which is we know, like, what what's the limit to have so we don't over

Got it. Okay. You're doing great, by the way. It's all good. It's all good. Does anybody have any other questions for the applicant since we have them? No? You guys did great. You're good. Okay. Thank you.

Thank you.

Evening, planning commissioners. Thank you for your time. My name is Paul Viborg. 2775 Santa Rita Road. I own the building that Maria and have Javier rent from me. It's a perfect spot for a body shop. They wanna move up and and start painting. They need to get a paint booth, and that's how they got here. We got three mechanics shops in the in the complex along with ambulance, some storage, and a local building contractor. Parking never seemed to be a problem.

There's no assigned parking. I let them duke them out themselves, you know. But with the storage units and contractor, they're never there. So and as far as working in cars outside, obviously, they do. But at night, as far as their CUP and my regulations, nothing gets parked outside at night. Everything's cleaned up. That's why the police can drive through there and see everything clean. And if there's a problem, then they can see it right away. So I commend the Calderons for going through the process. It's been an eye opener for them. So I think they did a very good job. So anyway, any questions at all?

We're good. Okay. Thank you. Thanks, Paul. Okay. We'll bring it back to the commission then and see if there's any other questions before we go to the floor. Oh, yes. Commissioner Marlowe.

I was just curious. What is the decibel level allowed for air compressors or the decibel level level allowed for the area?

I looked at the average decibel level for air compressors prior to DRC, and I believe it was around 70 to 80. And I think that was right on that threshold of kind of the daytime industrial. I would have to kinda look back on the zoning code and and double check

that.

And the reason I bring that up kinda going into a comment, 70 to 80 is really not all that loud, so I don't see it being outside really being a challenge. So that's all I gotta say.

Okay. Thank you for that. Commissioner Connolly?

Well, that that got me to thinking, anytime you have a decimal level, you have to specify the the distance because,

of course, distance is a

is a factor. Is there a distance tied to that 80 decibel?

Our zoning code noise levels are based on the receiving land use. So with this spot, particularly, it's kinda nestled in a lot of industrial adjacent buildings and then across River Road and up kind of a steep grade. There's some residents right there about 400 feet away from the proposed air compressor location, and that has, to my knowledge, have never received any complaints or any any just acknowledgment of said noise.

So the the distance would be the nearest receiver that's residential?

Yes. Okay.

Thank you.

And, Piper, just to confirm, it's gonna be enclosed. Right? If I'm looking at the rendings. Right?

The air compressor?

Yeah.

Yes. Yeah. So that is indicating kind of that suppression Right. Concept, and then if not, relocate it inside.

Perfect. Thank you for that. Okay. Let's go ahead and move it then to any public comments. Are there any public comments on the audience? Seeing somebody go ahead and state your name, please.

Jimmy Purdy. I'm the owner of Shifting Gears Auto Repair, which is their neighbor. So just to address a few things with parking, we work really closely together. There's never been an encroachment to our side, so they've been doing really well with parking, so no problems from us. And then for the noise complaint, we're maybe 60 feet away, and I've never heard their compressor compressor or had any issues with that. So just to clarify, as far as noise is concerned, I've never heard an issue with their compressor. Hopefully,

helps.

Awesome. Appreciate that. Thank you. Any other public comments in the audience? Seeing none, we'll go ahead and close it in the audience. Marcy, any callers?

No callers.

Okay. Thank you, Marcy. Alright. We'll go ahead and close public comment, bring it back to the commission. Any other questions or I'll entertain a motion?

I'd like to make a motion if there are no other comments. Approve the project by adopting draft resolution p c 25 dash x x x for conditional use permit 25 dash 0 four based on findings and subject to conditions of approval.

I'll second that. K. We've got it first by commissioner Roden, second by commissioner Connolly. Roll call, please.

Commissioner Roden? Aye. Commissioner Connolly?

Aye. Commissioner Marlow? Yes. Commissioner Kobler? Commissioner Neil? Aye. Chairman Kovarubias? Aye. Passes six zero.

Hyper, thank you. Thank you. Congratulations. Thank you. Okay. Moving on then to discussion items. Consent calendar for August 25, DRC minutes, September 8, DRC minutes, and September 15, DRC minutes. Questions, comments, changes? If not, I'll take a motion.

I'll move that we accept the minutes, as written for August 20 September 15.

So moved by commissioner Connelly. Second. Second by commissioner Roden. Roll call, please.

Commissioner Connelly. Aye.

Commissioner Connelly. Commissioner Roden. Aye. Commissioner Marlow.

Aye.

Commissioner Neal? Aye. Commissioner Kogler? Aye. Chairperson Nicole Varubias? Aye. Passes six zero.

Thank you. Okay. Other reports? Darren, Pass Verbal Street streetscape ad hoc committee?

No report this evening.

Thank you, sir. Housing Constraints and Opportunities Committee?

I know we are scheduling, I believe, November 20 is the next, but stay tuned on an agenda and specific time on that.

Awesome. K. Any questions, concerns, changes needed for the DRC rotation schedule coming up? Any commissioner issues, challenges? See.

Oh, commissioner I I think I'm gonna be around for most time, so if people have a conflict, don't be afraid to reach out to me. I'm happy to fill in.

K. Appreciate that. Okay. Seeing no other comments or questions? Okay. Moving on then. Planning commissioner comments. Any commission any comments for staff? Mister Connelly?

I'm just a little concerned about November. We have the planning commission meeting the second Tuesday on Veterans Day, and then we have the fourth Tuesday planning commission on the week of Christmas I mean, the week of Thanksgiving, excuse me. And I'm not gonna be able to make either one of them, but I don't know if Veterans Day there'll be a planning commission meeting anyway. I don't know if this is the right time to bring that question up, but I thought I'd

I was gonna make note of that during staff comments. Okay. Did you ask?

Thank you.

There's only one planning commission meeting for the rest of the year, and that will be December 9. So the rest of the the rest of the planning commission meetings fall on holidays.

Holiday weeks.

December 9 is the last planning commission meeting.

Can I say amen to that? Amen. I will thank you for that, Darren. Okay. Any other commissioner questions, comments? Alright. Seeing none. Darren, do we do we take up your staff comments?

Easy night tonight. No no additional comments.

No additional Yeah.

Well, she said you guys did a great job.

Easy enough tonight. Alright. Appreciate it. If there's nothing else, I will take a motion to adjourn. So moved. All in favor? Aye. We are adjourned.

Twenty four minutes.