2995 Bayshore Road
DRAFT MINUTES OF THE REGULAR MEETING – PLANNING COMMISSION
City Council Chambers, City Hall, 250 East L Street, complete proceedings of which are recorded on tape. 1)
OPENING OF MEETING
2)
PLEDGE OF ALLEGIANCE
3)
ROLL CALL OF COMMISSIONERS
Present: Absent: Staff Present:
Commissioners Catton, Dravnieks Apple, Macenski, Masdeo, Radtke, and Chair Birdseye Commissioner Oakes, Excused Christina Ratcliffe, Community Development Director Kat Wellman, Contract Attorney Mario Giuliani, Economic Development Director Ann Welsh, Contract Principal Planner Steven Yee, Contract Engineer Vic Randall, Management Analyst Dorothy Dickson-Dodds, Recording Secretary
4)
REFERENCE TO FUNDAMENTAL RIGHTS OF PUBLIC
5)
ADOPTION OF AGENDA
On motion of Vice Chair Macenski, seconded by Commissioner Dravnieks Apple, the agenda was adopted, by the following vote: Ayes: Commissioners Catton, Dravnieks Apple, Macenski, Masdeo, Radtke, and Chair Birdseye Noes: None Absent: Oakes Abstain: None 6)
OPPORTUNITIES FOR PUBLIC COMMENTS
7)
WRITTEN - None
8)
PUBLIC COMMENTS - None
9)
CONSENT CALENDAR
On motion of Vice Chair Macenski, seconded by Commissioner Dravnieks Apple, the Consent Calendar was approved by the following vote:
Ayes: Noes: Absent: Abstain: 9.A
Commissioners Catton, Dravnieks Apple, Macenski, Masdeo, Radtke, and Chair Birdseye None Oakes None MARCH 9, 2017 DRAFT MINUTES
DRAFT MINUTES March 9, 2017 10)
REGULAR AGENDA ITEMS 10.A
USE PERMIT FOR EATING AND DRINKING ESTABLISHMENT (LA FABRIQUITA – HOT DOG RESTAURANT) PROJECT: 2995 Bayshore Road APN: 0080-340-030-01 APN: 0080-030-01 16PLN-00010 Use Permit for Eating and Drinking Establishment PC Staff Report 2995 Bayshore Rd 2. La Fabriquita - Written Statement of Proposed Project 1. DRAFT Resolution 2995 Bayshore Road 3. Plans for La Fabriquita - Revisions 12.8.16 4. La Fabriquita Photos.pdf Ms. Welsh provided a presentation. Chair Birdseye acknowledged that she, Commissioners Masdeo and Catton did speak to the applicant when visiting the site. Commissioner Macenski asked staff if La Fabriquita has a business license and asked for clarification regarding businesses in the vicinity and their uses. Ms. Welsh replied that La Fabriquita’s business license has been rescinded. She named some of the types of businesses and the uses allowed in the Industrial Park. Staff explained what types of uses are permitted according to size. Ms. Ratcliffe said that a building inspection is triggered by a business license. It was during an inspection that tenant improvements were done without permits. Typically code enforcement is driven by complaints. Commissioner Radtke asked staff to clarify the conditions of the building – did they have fire permits and were building exists marked, and what is required. Ms. Welch said that building permits were not in place; thus no inspections had been done and nothing approved.
Commissioner Macenski asked staff if the applicants did receive conditional approval of the kitchen from health department for hotdogs, chips and soda. Ms. Welsh said the Health Department issued a conditional approval for a warming device for hot dogs and refrigerator for canned sodas. Steven Gizzi, attorney representing Mr. Tuttle and Mr. Coleman, provided a presentation. He said that the owner of La Fabriquita worked with the Economic Development Department and planning staff in 2016. He discussed correspondence with City staff and his office regarding use of restaurant, the kitchen, and parking regulations and other businesses’ hours. Mr. Gizzi said his client did everything to be a hot dog restaurant but he didn’t have normal hours. He assured staff and the Commission that the website is and has been down. He asked the Commission to take a good look at the issues tonight. PUBLIC COMMENT OPEN – None
Commissioner Radtke asked Mr. Gizzi if La Fabriquita has a business plan and how the hours of operation were decided. The Commission questioned Mr. Mitchel regarding complaints received about the restaurant as an event center, City building permits, and future plans for the restaurant. They asked how did the applicant work with staff and if there will be catering on site. Commissioner Macenski asked how many events have been held at the facility since the improvements. The Commissioners asked about using the entire restaurant and how many people. Mr. Gizzi said the business plan was based on parking requirements; he said the hours of operation were established so that the Foundry hours were not overlapping the hot dog business hours. He said the applicants would like to keep it open. He deferred to answer questions about future plans. Mr. Gizzi said there have been a lot of events held at the site. Vice Chair Macenski said the Commission and staff are working within what is allowed by the General Plan and Zoning Code. PUBLIC COMMENT CLOSED Commissioner Radtke said that the applicant was trying to make a business, and this is not just a hot dog restaurant; She didn’t see any business plan to make it work. She wants to see a proposal to see what was actually going to happen. Commissioners concurred with staff’s recommendation to deny the use permit. The Commissioners agreed that a business plan is necessary and encouraged the applicant to work with staff, applicant needs to follow City rules by obtaining proper permits and following procedures, and protecting public safety. A RESOLUTION 17-2 OF THE PLANNING COMMISSION OF THE CITY OF BENICIA DENYING A USE PERMIT FOR AN EATING AND DRINKING ESTABLISHMENT AT 2995 BAYSHORE ROAD
On motion of Vice Chair Macenski, seconded by Commissioner Masdeo, the Commission approved the above resolution by the following vote: Ayes: Noes: Absent: Abstain: 10.B
Commissioners Catton, Dravnieks Apple, Macenski, Masdeo, Radtke, and Chair Birdseye None Oakes None BENICIA INDUSTRIAL PARK TRANSPORTATION EMPLOYMENT CENTER (TEC) PLAN AND INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM
Staff Report TEC Plan 4-4-2017 1. PC Resolution TEC Plan 4-4-2017 2. Public Review Draft Plan - Benicia Industrial Park Transportation Employment Center Plan 3. Public Review Draft IS-MND and MMRP_TEC Plan(3 20 17) 4. Community Workshop Report (Sep 2016) 5. Scenarios Report (Aug 2016) 6. Existing Transportation Conditions and Needs Assessment (Aug 2015) 7. Land Use Profile (March 2015) 8. Summary of Stakeholder Interviews (Dec 2014) Ms. Ratcliffe provided a brief history of the TEC Plan, and introduced Vic Randall, Acting Senior Planner and Steven Yee, Contract Principal Civil Engineer. Consultant Sophie Martin from Dyett and Bhatia, provided a presentation on the Industrial Park Employment Center (TEC) Plan. Consultant Olivia Ervin, M-Group, provided a presentation on the Initial Study/ Mitigated Negative Declaration. Commissioner Macenski said this is a great planning exercise doing well for our community. He commented on gateway monument signs’ and lighting effects on East Second Street. Commissioner Radtke stated that the plan is in conformance with the City’s General Plan. It promotes safe traffic, and will improve walk and biking use. She said signs are important but suggested dropping the Northern Gateway name. She said East Second
Street could become more of a mixed-use area in the future. She commented that Benicia is a tree city but there is a lot of open space and using native plants is good. She asked staff for clarification on the perimeters of the non-industrial area, limited industrial and commercial area uses permitted by the Benicia Municipal Code. She asked about existing and forecast of future conditions, and how the plan is addressing this. She asked about the base flood map and if it should be updated after this year’s storms. CR - in general we want commercial uses to be in commercial districts, but there are provisions to allow Use Permits for limited commercial and personal uses in the industrial district. Macenski – Commented on the framework of the plan Ratdke – asked a question about the Zoning at Goodyear is it commercial or limited industrial? She asked about easements on East 2nd street.
Commissioner Apple asked how disallowed uses would be terminated, and can they be grandfathered in. What is the procedure for revise so that use is no longer use? Ms. Ratcliffe replied that an existing use permit is still valid; it is a legal non-conforming use; and added that no land use changes are proposed as part of the TEC Plan. Commissioner Catton suggested looking at lighting in the future to make sure it did not affect wildlife. She supports planting trees, and is in favor of sidewalks. She supports signage that needs to be clear to pedestrians, bikes, traffic, and trucks. Commissioner Masdeo inquired about the cost of widening a road, and how was $17.6 million derived for Complete Streets. Typically a city would take care of utilities and maintenance. Steven Yee explained how unit costs are estimated for some repairs, such as pavement but utility work is not included.
Commissioner Macenski said he would like the map to show the connections to the Bay Area Ridge Trail. He said it would be good to integrate the old logo signage in the Industrial Park to point people to Benicia’s downtown.
Steven Goetz, 347 Goldenslopes Court, expressed his concern with the impact this may have on his neighborhood. He didn’t feel that East Second Street under Hwy 780 could accommodate bike lanes; currently the traffic is inappropriate because of school crossings and residences. He asked who will implement this and will it make a difference. Rod Sherry, president of Benicia Industrial Park Association (BIPA), is in favor of maintaining the streets in the Industrial Park; they have concerns with bicycle traffic in the Industrial Park. He asked who is going to manage to pay for it. He expressed
concern that improvements and permits may be a burden on the property owners and existing businesses in the Industrial Park. He said the City needs to be mindful not to abuse those businesses. Commissioner Macenski stated that there were no land use modifications. He asked what percentage of the business participates in the Industrial Park does BIPA. Mr. Giuliani said about 50% are members. Chair Birdseye thanked the speakers. RESOLUTION 17-3 OF THE PLANNING COMMISSION OF THE CITY OF BENICIA RECOMMENDING THAT CITY COUNCIL ADOPT THE BENICIA INDUSTRIAL PARK TRANSPORTATION AND EMPLOYMENT CENTER PLAN AND ASSOCIATED INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM On motion of Commissioner Radtke, seconded by Commissioner Dravnieks Apple, the Commission approved the above resolution by the following vote: Ayes: Noes: Absent: Abstain: 11)
Commissioners Catton, Dravnieks Apple, Macenski, Masdeo, Radtke, and Chair Birdseye None Oakes None
COMMUNICATION FROM STAFF Ms. Ratcliffe announced that tomorrow is Ann Welsh’s last day. Because of her departure the Industrial District Survey is on hold until a Principal Planner is hired.
12)
COMMUNICATION FROM COMMISSIONERS Chair Birdseye welcomed Commissioners Catton and Masdeo to their first Planning Commission meeting. Chair Birdseye said even though Don Dean, former Planning Commission Chair, was not present, she thanked him for being a role model and having a high level of civility. She asked the Commissioners if they would like to comment. Commissioner Macenski said as Chair, Don held neutrality; he was professional, and followed through with due civil process. Commissioner Radtke said he was level headed and she appreciated him being here. Commissioner Apple said she appreciated his being collaborative, crisp and professional, and that he is a great facilitator. Ms. Wellman, Contract City Attorney, said he was a good chair who sought after to do the right thing; he kept issues smooth and uncontentious.
Ms. Ratcliffe said he showed great professionalism and that she felt a mutual respect. 13)
ADJOURNMENT Chair Birdseye adjourned the meeting at 9:32pm
City Council Chambers, City Hall, 250 East L Street, complete proceedings of which are recorded on tape. 1)
OPENING OF MEETING
2)
PLEDGE OF ALLEGIANCE
3)
ROLL CALL OF COMMISSIONERS
Present: Absent: Staff Present:
Commissioners Catton, Dravnieks Apple, Macenski, Masdeo, Radtke, and Chair Birdseye Commissioner Oakes, Excused Christina Ratcliffe, Community Development Director Kat Wellman, Contract Attorney Mario Giuliani, Economic Development Director Ann Welsh, Contract Principal Planner Steven Yee, Contract Engineer Vic Randall, Management Analyst Dorothy Dickson-Dodds, Recording Secretary
4)
REFERENCE TO FUNDAMENTAL RIGHTS OF PUBLIC
5)
ADOPTION OF AGENDA
On motion of Vice Chair Macenski, seconded by Commissioner Dravnieks Apple, the agenda was adopted, by the following vote: Ayes: Commissioners Catton, Dravnieks Apple, Macenski, Masdeo, Radtke, and Chair Birdseye Noes: None Absent: Oakes Abstain: None 6)
OPPORTUNITIES FOR PUBLIC COMMENTS
7)
WRITTEN - None
8)
PUBLIC COMMENTS - None
9)
CONSENT CALENDAR
On motion of Vice Chair Macenski, seconded by Commissioner Dravnieks Apple, the Consent Calendar was approved by the following vote:
Ayes: Noes: Absent: Abstain: 9.A
Commissioners Catton, Dravnieks Apple, Macenski, Masdeo, Radtke, and Chair Birdseye None Oakes None MARCH 9, 2017 DRAFT MINUTES
DRAFT MINUTES March 9, 2017 10)
REGULAR AGENDA ITEMS 10.A
USE PERMIT FOR EATING AND DRINKING ESTABLISHMENT (LA FABRIQUITA – HOT DOG RESTAURANT) PROJECT: 2995 Bayshore Road APN: 0080-340-030-01 APN: 0080-030-01 16PLN-00010 Use Permit for Eating and Drinking Establishment PC Staff Report 2995 Bayshore Rd 2. La Fabriquita - Written Statement of Proposed Project 1. DRAFT Resolution 2995 Bayshore Road 3. Plans for La Fabriquita - Revisions 12.8.16 4. La Fabriquita Photos.pdf Ms. Welsh provided a presentation. Chair Birdseye acknowledged that she, Commissioners Masdeo and Catton did speak to the applicant when visiting the site. Commissioner Macenski asked staff if La Fabriquita has a business license and asked for clarification regarding businesses in the vicinity and their uses. Ms. Welsh replied that La Fabriquita’s business license has been rescinded. She named some of the types of businesses and the uses allowed in the Industrial Park. Staff explained what types of uses are permitted according to size. Ms. Ratcliffe said that a building inspection is triggered by a business license. It was during an inspection that tenant improvements were done without permits. Typically code enforcement is driven by complaints. Commissioner Radtke asked staff to clarify the conditions of the building – did they have fire permits and were building exists marked, and what is required. Ms. Welch said that building permits were not in place; thus no inspections had been done and nothing approved.
Commissioner Macenski asked staff if the applicants did receive conditional approval of the kitchen from health department for hotdogs, chips and soda. Ms. Welsh said the Health Department issued a conditional approval for a warming device for hot dogs and refrigerator for canned sodas. Steven Gizzi, attorney representing Mr. Tuttle and Mr. Coleman, provided a presentation. He said that the owner of La Fabriquita worked with the Economic Development Department and planning staff in 2016. He discussed correspondence with City staff and his office regarding use of restaurant, the kitchen, and parking regulations and other businesses’ hours. Mr. Gizzi said his client did everything to be a hot dog restaurant but he didn’t have normal hours. He assured staff and the Commission that the website is and has been down. He asked the Commission to take a good look at the issues tonight. PUBLIC COMMENT OPEN – None
Commissioner Radtke asked Mr. Gizzi if La Fabriquita has a business plan and how the hours of operation were decided. The Commission questioned Mr. Mitchel regarding complaints received about the restaurant as an event center, City building permits, and future plans for the restaurant. They asked how did the applicant work with staff and if there will be catering on site. Commissioner Macenski asked how many events have been held at the facility since the improvements. The Commissioners asked about using the entire restaurant and how many people. Mr. Gizzi said the business plan was based on parking requirements; he said the hours of operation were established so that the Foundry hours were not overlapping the hot dog business hours. He said the applicants would like to keep it open. He deferred to answer questions about future plans. Mr. Gizzi said there have been a lot of events held at the site. Vice Chair Macenski said the Commission and staff are working within what is allowed by the General Plan and Zoning Code. PUBLIC COMMENT CLOSED Commissioner Radtke said that the applicant was trying to make a business, and this is not just a hot dog restaurant; She didn’t see any business plan to make it work. She wants to see a proposal to see what was actually going to happen. Commissioners concurred with staff’s recommendation to deny the use permit. The Commissioners agreed that a business plan is necessary and encouraged the applicant to work with staff, applicant needs to follow City rules by obtaining proper permits and following procedures, and protecting public safety. A RESOLUTION 17-2 OF THE PLANNING COMMISSION OF THE CITY OF BENICIA DENYING A USE PERMIT FOR AN EATING AND DRINKING ESTABLISHMENT AT 2995 BAYSHORE ROAD
On motion of Vice Chair Macenski, seconded by Commissioner Masdeo, the Commission approved the above resolution by the following vote: Ayes: Noes: Absent: Abstain: 10.B
Commissioners Catton, Dravnieks Apple, Macenski, Masdeo, Radtke, and Chair Birdseye None Oakes None BENICIA INDUSTRIAL PARK TRANSPORTATION EMPLOYMENT CENTER (TEC) PLAN AND INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM
Staff Report TEC Plan 4-4-2017 1. PC Resolution TEC Plan 4-4-2017 2. Public Review Draft Plan - Benicia Industrial Park Transportation Employment Center Plan 3. Public Review Draft IS-MND and MMRP_TEC Plan(3 20 17) 4. Community Workshop Report (Sep 2016) 5. Scenarios Report (Aug 2016) 6. Existing Transportation Conditions and Needs Assessment (Aug 2015) 7. Land Use Profile (March 2015) 8. Summary of Stakeholder Interviews (Dec 2014) Ms. Ratcliffe provided a brief history of the TEC Plan, and introduced Vic Randall, Acting Senior Planner and Steven Yee, Contract Principal Civil Engineer. Consultant Sophie Martin from Dyett and Bhatia, provided a presentation on the Industrial Park Employment Center (TEC) Plan. Consultant Olivia Ervin, M-Group, provided a presentation on the Initial Study/ Mitigated Negative Declaration. Commissioner Macenski said this is a great planning exercise doing well for our community. He commented on gateway monument signs’ and lighting effects on East Second Street. Commissioner Radtke stated that the plan is in conformance with the City’s General Plan. It promotes safe traffic, and will improve walk and biking use. She said signs are important but suggested dropping the Northern Gateway name. She said East Second
Street could become more of a mixed-use area in the future. She commented that Benicia is a tree city but there is a lot of open space and using native plants is good. She asked staff for clarification on the perimeters of the non-industrial area, limited industrial and commercial area uses permitted by the Benicia Municipal Code. She asked about existing and forecast of future conditions, and how the plan is addressing this. She asked about the base flood map and if it should be updated after this year’s storms. CR - in general we want commercial uses to be in commercial districts, but there are provisions to allow Use Permits for limited commercial and personal uses in the industrial district. Macenski – Commented on the framework of the plan Ratdke – asked a question about the Zoning at Goodyear is it commercial or limited industrial? She asked about easements on East 2nd street.
Commissioner Apple asked how disallowed uses would be terminated, and can they be grandfathered in. What is the procedure for revise so that use is no longer use? Ms. Ratcliffe replied that an existing use permit is still valid; it is a legal non-conforming use; and added that no land use changes are proposed as part of the TEC Plan. Commissioner Catton suggested looking at lighting in the future to make sure it did not affect wildlife. She supports planting trees, and is in favor of sidewalks. She supports signage that needs to be clear to pedestrians, bikes, traffic, and trucks. Commissioner Masdeo inquired about the cost of widening a road, and how was $17.6 million derived for Complete Streets. Typically a city would take care of utilities and maintenance. Steven Yee explained how unit costs are estimated for some repairs, such as pavement but utility work is not included.
Commissioner Macenski said he would like the map to show the connections to the Bay Area Ridge Trail. He said it would be good to integrate the old logo signage in the Industrial Park to point people to Benicia’s downtown.
Steven Goetz, 347 Goldenslopes Court, expressed his concern with the impact this may have on his neighborhood. He didn’t feel that East Second Street under Hwy 780 could accommodate bike lanes; currently the traffic is inappropriate because of school crossings and residences. He asked who will implement this and will it make a difference. Rod Sherry, president of Benicia Industrial Park Association (BIPA), is in favor of maintaining the streets in the Industrial Park; they have concerns with bicycle traffic in the Industrial Park. He asked who is going to manage to pay for it. He expressed
concern that improvements and permits may be a burden on the property owners and existing businesses in the Industrial Park. He said the City needs to be mindful not to abuse those businesses. Commissioner Macenski stated that there were no land use modifications. He asked what percentage of the business participates in the Industrial Park does BIPA. Mr. Giuliani said about 50% are members. Chair Birdseye thanked the speakers. RESOLUTION 17-3 OF THE PLANNING COMMISSION OF THE CITY OF BENICIA RECOMMENDING THAT CITY COUNCIL ADOPT THE BENICIA INDUSTRIAL PARK TRANSPORTATION AND EMPLOYMENT CENTER PLAN AND ASSOCIATED INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM On motion of Commissioner Radtke, seconded by Commissioner Dravnieks Apple, the Commission approved the above resolution by the following vote: Ayes: Noes: Absent: Abstain: 11)
Commissioners Catton, Dravnieks Apple, Macenski, Masdeo, Radtke, and Chair Birdseye None Oakes None
COMMUNICATION FROM STAFF Ms. Ratcliffe announced that tomorrow is Ann Welsh’s last day. Because of her departure the Industrial District Survey is on hold until a Principal Planner is hired.
12)
COMMUNICATION FROM COMMISSIONERS Chair Birdseye welcomed Commissioners Catton and Masdeo to their first Planning Commission meeting. Chair Birdseye said even though Don Dean, former Planning Commission Chair, was not present, she thanked him for being a role model and having a high level of civility. She asked the Commissioners if they would like to comment. Commissioner Macenski said as Chair, Don held neutrality; he was professional, and followed through with due civil process. Commissioner Radtke said he was level headed and she appreciated him being here. Commissioner Apple said she appreciated his being collaborative, crisp and professional, and that he is a great facilitator. Ms. Wellman, Contract City Attorney, said he was a good chair who sought after to do the right thing; he kept issues smooth and uncontentious.
Ms. Ratcliffe said he showed great professionalism and that she felt a mutual respect. 13)
ADJOURNMENT Chair Birdseye adjourned the meeting at 9:32pm
