Planning Commission - Regular Meeting

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Cause it's you and I. Cause it's you and I.

Thank you. you So,

It'd be nice if my microphone was on. So good evening. Welcome to the June, it's hot, the June 11th Planning Commission hearing. I hope nobody is melting. Will the Secretary please call the roll?

Yes, of course. Commissioner Anderson?

Here.

Commissioner Moran?

Here.

Commissioner Cowan? Here. Commissioner Strongman? Here. Commissioner Kwok? Here. And Vice Chair Klopp is absent, which she had disclosed to us ahead of time. And Chair Needing? Here.

Okay, so we actually have one item on the consent calendar. It's Y2506. Would anybody like to pull the item from the consent calendar? Seeing none, then would anybody like to make a motion?

Move the consent calendar.

Second?

Second.

Let's call the roll, please. Commissioner Anderson?

Yes.

Commissioner Moran?

Yes.

Commissioner Count? Yes. Commissioner Strongman?

Abstain.

Commissioner Kwok?

Yes.

And Chair Needing? Yes. Perfect. Now, there are two opportunities for the public to provide public comment. The first is during each of the item agenda as it pertains to the agenda, and if it's a comment that is within the purview of the Planning Commission. If you'd like to speak, I request that you fill out a speaker card. Are there any items or speaker cards that we've received?

I do not have any. No? Okay.

Perfect. Now I'd like to ask if there has been any ex parte communication. Lots of head shaking. OK, beautiful. So now we can move on to the public hearing section. And the first item is A, but it has been withdrawn. Do I need to talk any more about that? Nope.

Okay.

So now we have item B, which is Spark Athletics CUP, application Y2659, located 1920 Mount Diablo. Does staff have, oh, beautiful. Thank you.

Good evening, commissioners. Simmer Gill, senior planner with the city. We are here tonight to consider the conditional use permit for the personal improvement service use, Spark Athletics, that will be located in the vacant tenant space at 1920 Mount Diablo Boulevard. And tonight we have the applicant representing the project, Erin Kreiss. She's here tonight as am I to answer any questions that you may have after this presentation. And just to quickly orient you with the site, there is a existing single story building that has three tenant spaces, two of which are occupied by existing commercial and retail businesses. And the site is owned mixed use commercial, which does allow a personal improvement service use such as instructional classes, music, dance, or exercise permitted in multi-story buildings, otherwise conditionally permitted. And since this is a single story building, it does require a use permit. The site is also located within the boundaries of the West Downtown specific plan. And here are just some site photographs. Spark Athletics will occupy the existing 3,400 square foot vacant tenant space that was previously occupied by a retail fitness studio. The adjacent tenants consist of Noah's Bagel and All Star Medical Supply Retail Store. There are 38 parking spaces on site, and these parking spaces are shared among all tenants of the building. The pickup and drop off location is located in front of the business and identified here on this aerial map. And now moving into the business operating plan. This is a instructional tumbling cheerleading studio that will have supervised classes. As you can see on the floor plan, if you go into the main entrance, there's a lobby with a seating area as well as a reception desk to check in participants. And the hours of operation are 8 AM to 9 PM, seven days a week. The age group that this business caters to is from 18 months to 18 years of age. And the classes are typically pre-booked. There is limited drop-in activity that is allowed for walk-in participation. Again, as you can see on the floor plan, it's a open format utilizing portable tumbling mats and movable circuits. And the layout, as you can see, is just an open space, but it could be separated into separate classes. Not actual classes, but it will be with movable circuits and movable equipment that could separate and accommodate more than one class at a time. And two to four staff members or instructors are anticipated. Again, this could vary depending on the operational needs and how many classes are happening concurrently. And the class sessions will range from 45 to 60 minute sessions with eight to 10 participants per class. and no exterior building modifications are proposed as part of this application, and any signage will be processed under a separate sign permit. And here are some action shots that were provided by the applicant. As you can see, the participants are tumbling and performing aerobics. So thank you for the photos. And so tonight the Planning Commission will need to make the following standard conditional use permit findings. This project does address and comply to all of these findings and that is staff's recommendation as well as addressing each finding is included in the draft resolution that's included as attachment one of your packet tonight. And in addition to the conditional use permit findings, there are two separate findings this project must comply to. The first one is the proposed use is compatible with active pedestrian activity on the adjacent public right-of-way. So SPARK Athletics will activate an existing vacant tenant space with a neighborhood surveying use, and it will generate regular pedestrian activity that's associated with scheduled classes or walk-ins. And it will operate through staggered class schedules and will support the pedestrian circulation along the public right of way. And the lobby entrance that's accessory to the instructional space will activate or be an active storefront presence along that corridor. And the second finding is the proposed use is compatible with surrounding retail and commercial uses. So this use is compatible with the neighborhood serving businesses as well as the adjacent, two adjacent tenant spaces within the same building. And again, the operational characteristics are compatible. And there will be incidental retail sales of merchandise that's accessory to the primary use. And again, that will further support that pedestrian oriented commercial activity. And this project is exempt from CEQA under class one existing facilities as there is no expansion of the existing tenant space or expansion of the footprint. It's just occupying existing space. So tonight, staff does recommend that the Planning Commission move to determine the project is exempt from CEQA, as well as adopt the draft resolution approving the conditional use permit to allow this personal improvement service use at 1920 Mount Diablo Boulevard. And with that, I do conclude my presentation, but I'm happy to answer any questions. Thank you so much. And the presentation and the photos were great.

Does anybody have any questions for staff? Oh, yes.

It mentions here that the music associated with instruction would be at typical indoor conversational levels. I'm not sure what that is. It may depend on the age of the conversants. I'm just curious, does the city have a general commercial space noise limitation? that would apply to this and any other such buildings?

Because it's indoor and they're not going to have a sound system, I believe it's just a stereo, a standard stereo. It's going to be more like just voices or talking. So I don't believe the noise ordinance, it would be subject to the noise ordinance, but the city does in the general plan have acceptable limits as well as conditionally permitted limits, but it's well below that.

Thank you.

Thank you, Commissioner Anderson. Anybody else? How long has this space been vacant for?

Good question. I know it's been, at least I've been seeing it for over a year.

Yeah, 18 months. Okay. Thank you so much. And then is the applicant here and would like, oh. So let me open up the public hearing first. Sorry. And hi, you're the applicant. Would you mind stating your name? And then I believe you have 15 minutes. I know. I don't make the rules.

Okay. Hi. Hello, everyone. I'm Erin Creasy. I am the owner of Spark Athletics. Thank you all for considering this use. We're very excited to bring our business to Walnut Creek. I did not prepare anything, but I'm absolutely here for questions. I believe Simmer covered it all pretty well. We've been operating as a mobile business in La Mirinda for about two years now, and it's a huge passion of mine. So I'm just really excited to scale and expand.

Are there any questions for the applicant? I do have one quick question. This is perfect for children. the age of my children, sorry, it would be, I'm glad that that vacant space is being filled and also it'd be interesting to partner with the city of Walnut Creek where the Art and Rec, which is how my kids are going, yes, they take classes through the Art and Rec.

So I currently offer programs at Arenda Parks and Rec and we started out at Lafayette Parks and Rec as well and we're continuing those programs and so I would be happy to partner.

to then give back to the City of Walnut Creek.

Yeah, definitely. It's been a pleasure to work with Parks and Rec, so yeah, happy to do it.

Any more questions or comments

no yes i'll just say you answered my question which was yeah where where else have you been with your programs and so that's exciting to hear we also serve the after-school enrichment programs of arenda union school district so we have classes at several elementary schools as part of their after-school programs and then we rent facilities throughout the area from small businesses or from you know the school gyms or parks and rec departments uh to teach classes on tuesday nights or saturday afternoons and kind of bring our summer camps we have a summer camp next week in Orinda and we're renting that facility but we do some of this in partnership with the school, some of it in partnership with Parks and Rec and then some of it we rent as is available.

So this will be your first actual space. That is correct.

Yes, this will be my first brick and mortar space. We're very thrilled, but I, you know, as a coach, I have worked in many gyms across the country and I'm just excited to start my own. So yeah. Nice.

Lots to learn, I'm sure, but it'll be fun. Thank you. Yeah. I think that, do you need the 15 minutes? Great. Thank you very much. And now, are there any public speakers? No. And I was going to say, now you can come back as an applicant, but you do not need to. Because there was no speakers that came after you. So I'm going to close the public hearing for this and bring it back to the commission. Any discussions? Any motion?

I think it's quite straightforward and exciting. So with that, I would like to move to determine the project is exempt from CEQA and adopt the attached draft resolution, approving the conditional use permit for the personal improvement service use, Spark Athletics, at 1920 Mount Diablo Boulevard.

Second.

Can we please call the roll? Of course. Commissioner Anderson? Yes. Commissioner Moran?

Yes.

Commissioner Count?

Yes.

Commissioner Strongman?

Yes.

Commissioner Kwok? Yes. And Chair Needing? Yes.

Perfect. Moving right along, now we're at item, excuse me, number C, which is the UCSF Benioff Children's Hospital Temporary Pediatric Trailer, SUP application Y2555 at 2401 Shade Lens Drive. And it looks like we have a presentation from staff.

Yes. Good evening Planning Commissioners. My name is Gerardo Victoria, Associate Planner, Community Development. The project before you today is the UCSF mobile pediatric trailer located at 2401 Shaylin's Drive, application number Y25055. So just some site context. The project is located at 2401 Shaylin's Drive, located here off of Ignatia Valley Road, North Wiggett Lane. The zoning designation is planned development 1960. So historically, the city has issued special use permits to allow temporary usage like vehicle storages or MRI trailers with a special use permit. The applicant is requesting a special use permit to allow the temporary pediatric trailer for a period of 24 months within the parking lot of the facility. The use is to serve patients that have difficulty with transportation to the Oakland site. They are asking for a 24-month special use permit timeframe. The existing parking lot will occupy, excuse me, the trailer will occupy three parking spaces in the existing parking lot. Two times per month, Monday and Thursdays, only between the hours of 8 a.m. and 5 p.m. So this is the site plan. As you can see, that's Benioff Children's Hospital located there. The trailer, as you can see in the outline green box, will be located there. The upper right-hand picture is where the three spaces will be taken up. The picture is the actual trailer. It's just not in that location. It will be surrounded by barrier cones. It does occupy one space, but there is a vehicle-free zone located right there for the other two spaces. The trailer layout will have two exam rooms, one restroom, and one vital station located inside. So the Planning Commission may approve a special use permit subject to the regular findings of a conditional use permit and upon the special findings that the use provides a necessary service to the community. So staff recommends the Planning Commission move to adopt a draft resolution approving the special use permit along a temporary pediatric trailer at 2401 Shalens Drive. Staff is available for questions. The applicant Joycelyn Garrett is also here Perfect.

Thank you so much. Does anybody have any questions for staff?

Oh, yes Correct me if I'm wrong. I believe we approved an MRI trailer for this location some time ago.

Correct in April of 2025 That trailer was approved but that one expires in October of this year Okay

Thank you. That's my question then.

Thank you. Any other questions?

Maybe I missed this, but is there anything happening that's specific in the trailer that's not happening in the building itself? I would let the applicant answer that. Fair enough. Probably fair. Yeah.

Yes, come on. Let's just open up the public comment. Again, you have 15 minutes.

Hi, my name is Joycelyn Garrett. I am the director of our primary care service. And so this pediatric trailer is specifically for primary care services. The building is specialty care services. So we're trying to make access easier by allowing people who are there for audiology or any other type of service to also be able to access us in the parking lot in our mobile care.

Thank you. And is it designed for people who otherwise can't get to the Oakland site for just transportation reasons? Yes.

We're a federally qualified health center. And so we primarily serve those who are underinsured, who have socioeconomic debilitating things. So we're trying to bring care to the communities where it's needed most.

Because otherwise, they'd have to figure out a way to get to the Oakland site, which deals with primary care. Yes, correct. Got it. Thank you.

Commissioner Anderson. Are the facilities that the health care providers come with the mobile unit? Correct. Okay. And then it just doesn't roam in the building to, or the facilities in the building either to?

Yes, they're using the facilities in the building for all specialty care.

Okay. One other question.

yeah does so this is just gonna be there I guess one or two days a month yeah does it also go to other places I mean this is kind of a permanently mobile yes it's a permanently mobile clinic the idea is to go into the communities where we know access is needed so we're trying to partner with various types of community based organizations to identify areas where children there especially need access to care that can't otherwise get get to the brick and mortars

Thank you for being here to answer our questions. I'm not quite familiar with the distinction between primary care and specialty care. Can you clarify that?

Yeah, primary care is more preventative services. So we do well child checks, vaccines and things like that. The specialty care is more like audiology. They have physical therapy. There's a few other services in there, there's a ton, but we are pediatric primary care where we do all of the preventative care services for well child checks and things like that.

All right, thank you.

Commissioner Strongman.

Clarification, it sounds like that the trailer will only be at the site a couple days a month. Correct. And there'll be other days, there'll be somewhere else. Correct. Okay, thank you.

Okay. So my question was just, this would be for the course of two years, and so I wasn't sure if there's a plan for after that, any sort of?

Yeah, we'd like to continue services as long as we can. Right now, it's really in the startup phase, so we'll have to learn better what the true need is and how much the demand is, but we'd like to continue the service as long as it's needed.

Okay, thank you. And then it's interesting, I had the same thought as Commissioner Strongman. I remember when we did approve that trailer and at that time we had discussed a ton about the cones, the backup, there was so, do you remember that? So much discussion. Out of curiosity, it's interesting because this time there was a whole parking study where obviously there's 473 parking spots, right? It was like less than 1% is being affected. Did everything work out well with regards to mobilization and egress accessed with the vehicles with the other trailer?

Yeah, as far as I know. That isn't really my site or my area, but yeah. That you would have heard of. Yeah, everything seems to be working out well there.

That's wonderful. Okay, thank you so much. Thank you. Okay, now are there any public speakers that would like to have any discussion on this item? I'm not I just had to ask. And then you don't have to come back up here. But I should say if you wanted to rebut to the silence, five extra minutes, but okay, so with that, I'd like to close the public hearing and then bring it back to the commission for discussions emotion. or discussion?

I think this is an exciting, I'm happy to see the expansion of the services at the UCF NEF hospital, and I think it's great that we're providing access to medical services that the children really do need. So this is a very necessary service. It's beneficial to the community, and I'm very happy to support it. So I do move to approve. The resolution for the Walnut Creek Pediatric Outpatient Center of UCSF Peniel Children's Hospital Temporary Mobile Care Trailer Special Use Permit, application number Y25-055 at 2401 Shadelands.

I'll second that.

Can we call the roll, please? Yes. Commissioner Anderson? Yes. Commissioner Moran? Yes. Commissioner Count? Yes. Commissioner Strongman? Yes. Commissioner Kwok? Yes.

And Chair Needy? Yes. Perfect. Now moving on to item number D, the Spring Dental CUP, application Y26015, located 2985 North Main Street. And do we have a presentation by staff? Yes, we do.

Just give us one moment. Good evening planning commissioners.

My name is Gerardo Victoria associate planner community development. The project before you today is the spring dental conditional use permit located at 2987 North Main Street. Application ID is Y26015. Just some site context. The site 2987 is located here at the strip mall off of North Main Street and Sunnyvale Avenue. The existing dental office is approximately 1,100 square feet and are looking to expand to the adjacent tenant space located here at 2985 North Main Street for an additional 1,200 square feet for a total of 2,300 square feet. This dental office expansion will have treatment rooms and sterilization rooms. It is surrounded by a mix of commercial uses, eating and drinking establishments, and personal services. The general plan designation is general retail. The zoning designation is community commercial. Medical office, dental office uses are permitted with the approval of a conditional use permit. So the business plan calls for Monday through Saturday, 7 a.m. to 5 p.m. It'll have eight treatment rooms total, four between each of the tenant spaces, with sterilization rooms and retail areas located at the front of each space. They will be treating approximately 15 to 18 patients daily. The services that they offer are cleanings, teeth whitening, implants, and emergency care. So on the left-hand side is the existing tenant space, 2987. If you can see here, this is where they're located right there, and this is the entry. The retail sales is located right here. That activates the storefront. You have the four treatment rooms located there. And then the proposed expansion is to this adjacent space, which is the vacant former tattoo shop. that you enter here, and it's going to have a retail sales area also, like the other tenant space, with four treatment rooms and a sterilization room. So in 2008, a special use permit was approved for the current space, the 2987, and came in in June of 2008 as a conditional use permit for a medical office. The Planning Commission at the time denied the project. The applicant appealed it to the city council in August of 2008. The appeal was denied by council. In that same month of 2008, the project was revised to include medical retail sales and weekend hours. The project then went forward as a special use permit to the Planning Commission in September of 2008, which was adopted by the Planning Commission with the conditions of approval below. And I'm just going to quickly go through them. That the retail medical supply and dental service shall maintain visibility and an open storefront. That this retail medical supply and dental service and any subsequent office use shall maintain a minimum of 100 square feet of retail sales. Retail sales shall be an integral component of this and any subsequent office use associated with this conditional use permit and this retail medical supply and dental service or any subsequent office shall maintain evening and weekend hours. The standard conditional use permit findings do apply towards this project, as well as an additional finding that the Planning Commission shall find that the proposed location is not suitable for retail use by virtue of its location, configuration, or relationship to the streets, driveways, or access ways. As outlined in the draft resolution, this interior location results in limited visibility from surrounding streets and drive aisles. And the recessed tenant spaces typically have been found unsuitable for retail uses. I would like to point out that the strip mall does not have an existing retail use for this reason. So Commission action moved to adopt a secret determination and approve the condition to use permit based on the findings outlined in the draft resolution to allow an expansion for Spring Dental at 2985 North Main Street.

staff is available for questions and the applicant Dr. Tehrani is also here perfect thank you does anybody have any yes Commissioner Moran I guess I'm a little confused as to the finding it not suitable for retail and yet there is a retail space is it because it's my understanding that and I get it that we're the sight lines and the words located it's not ideal for retail and I I can get behind that But then I also read an analysis that the expanded use will consist of dental treatment services and the retail sale of dental care products. So it seems like there is real, too, just in the corner. There is retail. Right. Go ahead. I'm sorry. So are we looking at it holistically, that it's not ideal for a, I don't know what a retail, like a convenience store or something like that? Because on one hand, it's saying we have to decide that it's not suitable for retail. On the other hand, the office is in part retail. Can you help me square that?

Yeah, so the site isn't suitable for retail. That's part one that you covered. But it's also squaring, and it's providing 100 square feet of retail sales to be in compliance with the special use permit that was approved back in 2008. So specifically, there is a condition 2008 that they had to provide 100 square feet so they're saying okay we are providing this 100 square feet of retail sales and the site overall isn't compatible for retail sales because of how the building is situated on the parcel so and because there's no additional retail uses on the parcel

parcel isn't suitable for me and if I may add another exactly what Gerardo said in another way you can look at it is it's not retail as a primary use the primary use is the dental office but in order to still comply with the previous use permit there needs to be an ancillary or a secondary aspect of retail

So was it that originally years ago there was an intention for this all to be retail and over time we've kind of learned that that has not been successful? Like I'm familiar with that area because I love the restaurant right next to you guys. But yeah, I've definitely seen many businesses come and go from what is now that vacant spot again. Correct.

The intent of the community commercial zone is to provide retail uses in close proximity to residential areas. That was the intent. Back in 2008, the planning manager made a determination that these type of uses were so unique that they took it back to the planning commission as a special use permit.

All right. Thank you for the presentation, Gerardo. I did want to get some clarification on the history of the resolution, the one that is resolution number 3473. And so reading through the background of that resolution, the second point said that when the Planning Commission considered the resolution, they voted to deny the resolution because they could not make the finding at that time that the proposed tenant space was not suitable for retail use, which is the same finding we're being asked to consider today. And so, for the conditions of approval for that resolution, does that explain why the retail use is there in that space today?

No, so my understanding, looking through the staff report and the resolution from 2008, The original denial by the Planning Commission was because it first came forward as a medical office only. And so it was denied because of that. Because it calls for retail use, they then came back with a retail component dedicating 100 square feet to retail sales to activate the storefront, which then it was passed later on in September of 2008 with those new conditions of approval. Does that answer your question?

Yeah.

Okay.

Commissioner Strong went, oh, sorry.

Go ahead.

Commissioner Kwok, keep going.

I'm not sure if you could answer this, but would it be possible, because I think with the current resolution we're looking at, I don't believe we have a condition of approval to keep the retail.

There is not a condition of approval to keep the retail, but she is willing to add to the existing retail. So 200 square feet of retail space, 100 square feet in each space to keep that condition.

OK. All right. Thank you. Commissioner Strongman?

I have, in my years of going to the dentist, never encountered a dentist that had retail as a component. I'd be curious to know, do we really need to require them to maintain retail?

So retail uses in the community commercial zone are permitted by right, and keeping with the special use permit conditions of approval, she doesn't have to provide the additional 100 square feet, but she's willing to say, look, I'm still conforming to the original special use permit with my expansion. If approved, the CUP will supersede the previous SUP. OK.

I guess my next question will be to the applicant.

I'll pass your account.

So just a follow up, just so we're all understanding what's happening here. i explaining this right to say the reason why we must find that the location is not suitable for retail use is because of the specific zoning that it currently is that it's the community commercial zone right now correct okay so is uh the city looking at possibly changing the zoning of this area in the future because of the experiences that

So the city is just about to embark on a general plan update. And through that process, yes, we will definitely be analyzing current existing land uses and where does the community want to be in 2050 and along the road to get there. So it will be re-analyzed. But in the immediate, within a month, six months, no. But through the general plan update process, yes.

Commissioner Anderson?

Yeah, would I be correct in assuming that the one rationale for having at least some retail would just simply be to maintain a retail storefront just to help out the other retail things around nearby?

And keeping with the existing use to activate, keep the new space activated like their existing space.

just clarify how this would work for a, so say a client is coming in and they're going to be treated in one of these rooms in the new section. It would actually come in, I think, through the entry in the other section. They've got two separate entries. Correct. You come in through that section, which has the reception and staffing and waiting room there and some retail. Correct. But then if they were called to be treated by a dentist in the new section, would they go out and come in the other entrance? It looks like there's a small passageway.

I will let the applicant answer that operational question, but I do want to point out as i've spoken to this applicant do you see this space right here yeah the plan is if approved she will be filing for building permits to open up this interior space that's on this side somewhere so that applicants don't have to walk outside to get to the other space um

Before we open up, any more questions? Because it's interesting. It says the intent is to create areas with a wide variety, allowing for convenient day-to-day shopping and services. Is the service dentistry? I'm just reading, you know, the general plan specific zoning ordinance in addition to the standard CUP findings. So you have to that's the intent in addition to the CUP findings, which is obviously that location is not suitable by virtue of its location, configuration, relationship, streets, driveways. So we have to make both. Right. That it is providing a service which is day to day and that it's not suitable. Yes.

It's the commercial zone is OK. Improvement.

Yes. OK. Now let's open up the public hearings. I think the applicant is here and there might be some operational questions. And when you come up, if if if you would please state your name and then there's the 15 minutes.

My name is Bahar Tehrani. I'm the owner. dentist at spring dental as mr. Victoria stated I started the project in 2008 and I was able to obtain the permit so the goal of this new project is basically to expand into the next door space and have more treatment rooms more spacing for for the staff for the patients so that's the goal and as a as part of that to comply with the city on my conditional use permit that I obtained in 2008 I'm adding the retail to that space as well. So that's basically the main goal, to expand and also include the retail as required. I mean, there are plenty of products that could be sold in a dental office. They might not be displayed, but there are plenty of things that we could sell as dentists, especially toothpaste, toothbrushes, different type of floss. I mean, bleaching products, a lot of things could be retail in dentistry is just what we choose to sell or not, but there are plenty of them out there. Perfect.

Any questions for the applicant?

Commissioner Moran. Thank you.

you're currently selling there's a retail space now right yes we have products yes in the front yeah and this is just i just love your honest opinion do you need twice the amount of space for to sell or you know not necessarily um it could be in one one of the spaces but as i mentioned if it's required and it's part of my conditional use permit i'm willing to add x i have extra hundred square foot of space in the new location to add to the retail as needed by the city and by the permit okay thank you Commissioner Strongman about what percentage of your overall gross receipts is from the retail I wouldn't call it a big percentage. I don't know the percentage. If I have to guess, maybe five percent. That's not really the big focus in a dental office, especially that I'm a family dentist. You know, focus is on prevention, you know, treatments, you know, adults, kids. That's the main focus of a dental practice in general as a family practice.

And next question, if we had the ability to grant you the ability to give up the retail, would you want that?

I mean, there are certain products that I always like to have on hand. Patients appreciate it. They don't have to go on Amazon or get a prescription, go to a pharmacy. I like to continue that personally, regardless of the permit or requirement of my permit. So I would always have some products to sell at the practice.

Thank you.

You're welcome.

I just want to say I think it's very clever that you've arranged it so that regardless of which door you exit from, you have to pass through the dental gift shop before you leave.

Yes. How long has, you've been in business since 2008?

2008 is when I got the permit. 2009 is when I actually started.

Okay. And then you noticed the tattoo parlor, it was vacant, and that's when you figured there was an opportunity?

It's not vacant currently, but my understanding is that they are, their lease is over by the end of the year. Okay.

Perfect.

Any other questions for the applicant?

Yes. Thank you for being here to answer our questions. I, maybe I can If I can ask this question to get a little bit more of the business perspective, what do you like about the location where you are right now? Do you understand it's near the highway exit?

It's actually very accessible to patients. Everybody always makes a comment about that, how easy it is to get there from Concord, Pleasant Hill, Walnut Creek. I have patients from Orinda and Lafayette. They just exit and they always make a comment that it's super accessible, close to Pasta Primavera, as you mentioned. And as soon as I say post on Primavera, everybody knows where I am. I don't need to give them an address. So it's very convenient. We love the location, personally, where we are. Yeah.

Thank you.

You're welcome.

Any more questions for the applicant? No? OK. Thank you so much. Thank you for having me. I don't see any other folks. here waiting to talk so you don't have to come back for another five minutes so I'm going to close the public hearing and I'd like to bring it back to the Commission for a discussion about this retail CUPSUP I just want a clarification from some of the previous questions which is what's the minimum that we need to require currently

Are we required, if we approve this, to require an additional 100 feet of retail?

No, you do not. Retail sales are a permitted use.

And to add on that, I just do want to clarify, I think as Commissioner Kwok noted, this resolution doesn't have conditions that require any retail sales. It does happen to be in her proposed floor plan, so that's what's being proposed. was part of it, but there are no conditions that require retail with this resolution.

But there are conditions per the previous SUP that must remain?

Correct. I think it's indicative of the intent that it was, you know, like it's been mentioned that this was supposed to be a retail space with an active People walking by the storefronts, buying food or whatever products they have, similar to the BevMo and the Walgreens that are across the street. I think it's a great location because it comes right off the highway, which is great for patients, but it also has a lot of potential for people that are shopping on their way home. They're getting off on treat, and they're like, oh, let me stop by La Primavera and then go walk right down to the next store over. and then go on my way home. And so that's what made me hesitate with the finding that we had to make that this location was not suitable for retail use because I think there is a lot of potential. I think the fact that the BevMo across the street and the Walgreens across the street and the other shops there demonstrate the potential of the retail use. The Spring Dental has been here for 15 years, and I think that speaks to the market conditions, the benefit that the dentist office is providing to the community. And it shows that there is strong support from the community for Spring Dental as it is. So I'm a little bit conflicted. If we didn't have to make this finding, this would have been great. I would have been all for it. But the fact that we have to say that This location is not suitable for retail. I'm trying to reconcile that with the fact that there are retail uses in the neighborhood.

I will respectfully disagree with my colleague in that it is not suitable for retail. It's basically my neighborhood. It's basically the freeway off ramp and on ramp. And getting into BevMo or Walgreens is a real pain, and a really worse pain to try and get out of BevMo or Walgreens safely without killing yourself. as a great location for those who want to go to a dentist or a restaurant, but this is going straight to the restaurant, and you're not doing anything else. You may do both, dentist and the restaurant, but that's about it. And on that side of the street, the next thing down, I believe, is the car wash. So I do support the project. I don't understand why the

have to have retail if they choose it's fine but otherwise I support the project yeah I would say that in my experience of that area that that particular building and that particular end of the building has struggled with retail before the tattoo place. I think it was a rug sales at the one point. Yeah. It's been a couple of different things. It's been vacant many different times. So, uh, I actually think that maybe the, maybe there are other areas across the street or in other places that might be good for retail, but in that particular corner, it has been struggling. And since. spring dental has been successful to your point I'm excited about the possibility of the of this end of the building being filled with something that will stay and maintain and and be a positive thing in the community because when it's been vacant that's been a bit of a bit of a challenging place at times yeah thank you so I am supportive of the resolution as it stands any other

I agree with you that in the sense of when I think about the intent about what retail wants to do with pedestrian uses is activation. And you always associate retail by activating people. It's a buzz. People are going in and out, looking through the windows. And looking at, it's a big glass facade. And if you see those patients going in and out, you're gonna have that natural activation. And that's why I asked about how long you've been here, because that's nice to have a local person. The one thing I wanted to ask was, it sounds like we don't need to have the retail component per this new one, but it doesn't preclude the applicant from still selling. Is that correct? okay and it's just it was just to merely emulate the previous okay sorry i just threw something out there commissioner strongman so for my clarification if we approve this does that supplant or replace that sup the other one does it correct it supersedes it it does okay okay thank you So it supersedes it, and then we can take out the retail but not preclude the applicant from selling toothpaste or whatever. Floss. Floss. Kids' toothpicks. My kid gets the special toothpicks. Okay, any more? This is very good discussion. Any more discussion from the commission? Commissioner Anderson? I can't tell. Sorry, I should put my glasses on. Nope. Nope. OK. I would entertain a motion.

All right. I have it up. Here we go. I move to determine the project is exempt from CEQA and adopt the draft resolution approving the conditional use permit for the medical use spring dental at 2985 North Main Street.

Second.

May we please call the roll, please? Yes. Commissioner Anderson? Yes. Commissioner Moran? Yes. Commissioner Count? Yes. Commissioner Strongman? Yes. Commissioner Kwok? Yes. And Chair Needy? Yes.

Congratulations. And thank you for being in Walnut Creek for so long, a women business owner. OK, now on to item number five, which is commission considerations. Any commission considerations? No. Commission member and staff report or announcements?

I do have a handful of things. Oh. I apologize. I was trying to keep the meeting quick. You guys did such a great job blowing through those items. But I do have one fairly large project update. This is regarding a Taiwanese cultural center project that was approved at 1755 Sunnyvale Avenue last September. At September 11th of last year, the commissioner approved a use permit and design review for the new cultural project. The applicant team has actually lost the original architect, and so they have hired a new architect. But with a new architect comes new design. Staff has reviewed the new design. It is consistent with the city's objective design standards, and it also is meeting the intent and conditions of the Planning Commission from last year. For example, I've been informed that there was a large kind of expansive blank wall on that project and there were conditions to break that up, add some material, add some interest. This new architect has incorporated those conditions into their design. And so with that, there is avenue for staff to complete the review of the design at a staff level and for the project not to return to the planning commission. We can prepare a memo so that you understand what is being changed and how it is still being met But I wanted to make sure that I informed you all of it. So, you know, however many months down the line, you don't see this project and you're like, that's not quite what we approved. So I did just want to highlight that and then, of course, answer any questions that you may have.

I know we have so many aspiring architects on the . I know the design review folks, will there be a memo? Is this going to them at all?

Yes, we can include them as well, yes.

that would mean a lot.

Yes, I am addressing it to you because ultimately this is the body that makes the final action but of course yes we will make sure that we inform everybody and also a courtesy notice would go out 10 days before any action is made any determination is made and that courtesy notice will go to a 300 foot radius.

Thank you so much for that update. It was a beautiful project. I'm glad to see that it's still going forward and that it's able to not have additional hurdles in its way. So thank you.

OK, wonderful. The other item for you is just a friendly reminder, maybe if you haven't heard, informational. that the next planning commission meeting is actually a joint commission meeting a study session on the general plan update as we sort of alluded to earlier with that last item so at this meeting we won't really be dialing as detailed into land uses but it is an opportunity for all the commissions to ask some questions provide some general feedback and then of course as the update moves forward there will be several opportunities for this group to provide commentaries such as you had tonight. Potentially, maybe, you guys may think that community commercial can support both office and retail as a permitted use. For example, I just wanted a friendly reminder that that is going to be on June 25th. Because it does have the other commissions, we are going to be located on the third floor conference room. Feel free to reach out if you have any questions. But otherwise, we're really looking forward to having all the commissions. And then my last item is I do want to take a moment to recognize a member of our community development department. Next week will be Chip Griffin's last week. He is retiring after many dedicated years to public service, 15 years of which he served with the city of Walnut Creek. And so he couldn't be with us tonight, but I still wanted to put into the formal record that we are recognizing Chip. He's worked closely with many of you over the years, providing professionalism, institutional knowledge, and commitment to this community and board. Behind every successful commission, there is so much work that happens, and Chip was such a big component to that. I felt he deserved a mic moment just shouting him out and on behalf of the city I just wanted to say thank you to Chip for his service and we wish him well on his retirement endeavors and that is all I have for you.

Well I think it goes without saying that chip if you can hear us we're going to miss you and i it's going to be hard to replace you chip so thank you so much anyone i know you're emotional anyone else no okay i have an update for the sign ordinance project so we had our second working group meeting last month where we covered um

We're getting close to finalizing the ordinance, so I'm excited to see what you all see and what your feedback will be. We covered the status of the project, the major changes. At this point, the draft ordinance is about 90% done. They covered any outstanding questions that were remaining, such as how to format the ordinance. Is it more beneficial for the people looking at the ordinance to have colorful tables? illustrative examples of how these signs would look so that they can have a better idea of you know what does that mean when signs have to be 24 feet above some reference point like the doors of the walls so we covered that gave our feedback and the next steps are for additional refinements on the draft and then it will it should go to the design review committee for their review and feedback as well as an eventual public review and public comment After that it'll come back to us and City Council for a recommendation and adoption and that'll be the finalization of the sign ordinance and a brand new sign ordinance for the city so. It's been a good two years that I've learned a lot about signs and how they help the city advertise its businesses and it's been great to have this opportunity to assist the business community, as well as the residents of the city of Walnut Creek.

Well, we thank you, Commissioner Kwok, for all that time over the last two years to help out with that. Anybody else? Perfect. 7 o'clock adjourned. Thank you.

You okay? I know.