[0:07] are we good to go? Yeah. All [0:08] right. Um. [0:10] >> I will call to order the [0:12] regular planning commission [0:13] meeting of thursday, AUGUST [0:16] 20th, 2026 and we will start [0:22] with the pledge. Salute and [0:22] pledge. [0:26] >> I'd like. To the. United [0:28] states of america and to the [0:28] public. [0:30] >> for which it stands one [0:33] nation under GOD, indivisible [0:40] with liberty and justice. And [0:45] roll call please. Commissioner [0:46] wolfe. Here. [0:49] >> commissioner wahl. Here. [0:51] >> commissioner sharp here. [0:52] Commissioner laffins. [0:54] >> here.. [0:55] >> commissioner bykerk kaufman [0:58] here. Vice chair. Scarpa here. [1:02] Chair scott here. All right. [1:03] Seven people here. Um. [1:04] >> just a speaker card [1:06] announcement. Anyone wishing. [1:07] >> to address the commission on [1:09] any item um, listed on the [1:12] agenda needs to, um, complete a [1:13] speaker card that are in the [1:15] back. Um, once those are [1:17] completed, they can be turned [1:19] in over here to the clerk and [1:20] they're taken in the order that [1:23] they are received. Um consent [1:26] agenda. Um, nicole, do we have [1:27] any speakers for consent? No. [1:29] All right, so we just have one [1:32] item uh, 2.1 approval of the [1:36] meeting minutes. Wow. FEBRUARY [1:37] 2026. Is there a motion to [1:42] approve? I move to approve. All [1:46] right. And a second. So all [1:48] right, so we have a motion by [1:50] commissioner sharpe, a second [1:53] by commissioner wall and uh, [1:56] vote please. Commissioner [1:58] wolff. Yes. [2:00] >> commissioner wall. [2:03] commissioner sharpe. Uh. [2:07] >> commissioner laffins. Yes. [2:08] Commissioner bykerk kauffman. [2:09] Yes. [2:11] >> vice chair. [2:12] >> scarpa. Yes. [2:13] >> chair. [2:16] >> scott. Yes. So that passes. [2:19] Seven zero. Um, we'll move on [2:22] to uh public comments. Uh, [2:24] members of the public MAY [2:25] address the commission at this [2:27] time on any matter not already [2:29] listed on the agenda with [2:31] comments being limited to three [2:32] minutes. Nicole, do we have any [2:35] public comment? No. Okay. Do we [2:36] have any public comment from [2:40] the audience? Great. And then [2:43] we will move to item 4.1 a [2:47] public hearing on use permit 20 [2:49] 5-06 and architectural. Review [2:54] ah. 20 508. Garrett you're. Up. [3:07] >> oh it's pretty. I can't. [3:09] All right. Good evening chair [3:11] scott and members of the [3:12] planning commission. My name is [3:14] garrett norman and I am here [3:16] this evening to present on the [3:17] skyway travel center project [3:19] located at the northeast corner [3:21] of east park avenue and [3:25] carmichael drive. The subject. [3:27] Uh site is shown on the screen [3:30] and outlined in yellow um and [3:32] is just shy of one acre in [3:34] size. The site formerly [3:36] contained a restaurant and has [3:39] since been vacant. The parcel [3:41] is adjoined with the butte [3:42] county office of education, [3:43] which houses their [3:45] administrative offices and [3:46] provides technical instruction [3:50] to students. The request before [3:52] the commission is for a use [3:53] permit and architectural review [3:55] to construct and operate a new [3:57] six pump gas station and [3:59] convenient store and [4:01] self-service car wash in the [4:03] regional commercial zone. An [4:05] iteration of this project was [4:06] first presented to the [4:08] commission in JULY of 2024, and [4:10] the commission passed a motion [4:12] to approve the project. The [4:13] butte county office of [4:15] education filed an appeal of [4:17] that decision to city council. [4:19] The applicant ultimately [4:21] withdrew the application before [4:22] going to council after [4:24] discovering improvements were [4:26] proposed within an access [4:29] easement that's granted to bco, [4:31] the applicant submitted a new [4:34] application last year that [4:36] reoriented the site plan, [4:38] eliminated a coffee kiosk from [4:39] the proposal and removed [4:42] obstructions that were within [4:47] the access easement. Shown on [4:49] the screen is the proposed site [4:51] plan the access easement that [4:52] benefits the bco property that [4:54] I was referring to is in this [4:55] diagonal hatch mark right here. [4:59] As you can see um circulate [5:02] around the parcel so that is to [5:04] remain um. Unobstructed and [5:08] access for bco uh the fuel [5:10] canopy is right here which [5:12] fronts towards um carmichael. [5:14] The convenience store is [5:16] adjacent to that and then the, [5:17] uh, proposed car wash is [5:19] attached to the convenience [5:22] store and the entrance to the [5:24] car wash comes in from the [5:25] north side and exit to the [5:32] south. Shown on the screen is [5:33] the proposed landscape plan. [5:36] This landscape plan is updated [5:37] from the one that was included [5:39] in the staff report and has [5:41] been provided to the commission [5:43] earlier today by email. A paper [5:45] copy of the plan has also been [5:47] provided to each of you and is [5:48] also available up at the front [5:50] for the public. This revised [5:52] plan eliminates two landscape [5:54] planners that were um down here [5:57] on the south end um and that [5:59] were in conflict with the [6:01] proposed underground storage [6:06] tanks. The project still meets [6:08] the tree shading and [6:09] landscaping requirements of the [6:13] municipal code 13 trees are [6:15] proposed for removal as they [6:16] conflicted with proposed [6:18] improvements or were um in poor [6:20] condition. New trees and [6:22] replacement trees will be [6:23] provided, improving overall [6:24] shading and landscape coverage [6:27] of the site as well as a [6:31] variety of shrubs and bushes. [6:33] Here are the proposed [6:34] elevations of the convenience [6:36] store and attached car wash. [6:38] The building uses a variety of [6:40] materials such as stone, vinyl [6:41] siding and board and batten. [6:43] The facade incorporates planar [6:45] changes with push and pull [6:47] elements as well as varied as [6:49] well as a varied parapet [6:51] creating articulation to the [6:57] roof plane. Butte county office [6:59] of education has reviewed the [7:01] proposed plan and provided [7:02] several letters of [7:02] correspondence expressing [7:04] concerns to the proposal. These [7:06] letters have been included in [7:08] the attached staff report and [7:10] has also been provided to you [7:13] as supplemental material. Um [7:14] the applicant has addressed [7:17] many of their concerns such as [7:18] relocating the venting stacks [7:20] for the underground storage [7:22] tanks away from the bco [7:24] property, ensuring that the [7:25] fuel truck delivery will [7:27] maneuver entirely within the [7:29] gas stations property and [7:31] relocating the trash enclosure [7:32] away from the gazebo where [7:33] students often congregate [7:36] during breaks. Pco remains [7:38] opposed to the proposed project [7:40] citing concerns related to air [7:42] quality, emergency response and [7:48] site security. Staff finds the [7:50] project is consistent with the [7:52] general plan by activating an [7:54] underutilized site, enhances [7:55] architectural design and [7:57] landscaping has been designed [7:59] to reduce impacts to adjacent [8:01] operations of the butte county [8:04] office of education is um and [8:06] is located in close proximity [8:08] to highway 99 and the on and [8:09] off ramps along east park [8:12] avenue. Staff recommends the [8:14] commission approve the project [8:16] based on the findings of fact [8:17] and subject to the conditions [8:18] of approval contained in the [8:23] staff report. This concludes my [8:24] presentation and both staff and [8:26] the applicant are available for [8:26] questions. Thank you. [8:29] >> okay um so we'll start with [8:31] uh questions for staff and I'll [8:33] start to my left. Uh yeah just [8:35] uh one question and it has to [8:38] do with um um the easement on [8:39] the property and circulation. [8:42] Uh, we saw the circulation [8:43] going around this building. Is [8:45] there a mutual easement in [8:47] place? It seems like there was [8:49] some disagreement about that. [8:49] Yeah. [8:51] >> so there there was an [8:53] easement that was on the bco [8:55] drive aisles that benefited [8:58] both properties. Um, but that [8:59] easement had an expiration date [9:02] which had expired in 2020 so. [9:04] It no longer benefits the [9:08] subject parcel. All right. And [9:10] and now that I'm sorry I didn't [9:11] bring this up to you earlier [9:12] but now that I'm looking at the [9:13] at the site line, does that [9:17] mean that um uh, this property [9:21] does not have access to the uh, [9:22] driveway that. Uh. [9:28] >> exits on to east park? Uh, [9:30] the subject property will have [9:32] ingress and egress access right [9:34] here. Um, off of carmichael. [9:36] There is no driveway access off [9:38] of east park. Right. And this [9:39] driveway access just for [9:44] clarity is, um. Will be closed [9:46] and, um, improved with, uh, [9:47] landscaping. All right. [9:50] >> thank you. Any other [9:53] questions to my left? Uh, [9:55] question on procedures. Um. [9:56] >> so we're going to do a [9:58] health risk assessment. From [9:59] the air quality board. [10:00] >> so happen before or after a [10:01] after a. Maintenance so that [10:03] typically that practice happens [10:06] after um it's standard for [10:07] entitlements for an applicant [10:09] to secure their land use [10:10] entitlements from the local [10:11] agencies first and then. [10:12] >> go. Through the subsequent. [10:13] Permitting that occurs after [10:14] and. [10:15] >> one. Of. Those is going [10:17] through the the local air [10:17] district. Okay. [10:20] >> thank you. Um and one more [10:21] um do we have any guidance from [10:24] the uh I know the general plan [10:25] doesn't discuss it. Um, so the [10:27] pine dogwoods doing guidance [10:28] from the egg clinic committee, [10:31] the chico clinic clipboard [10:31] about. [10:33] >> uh. Emissions from gas [10:34] stations. This project [10:36] specifically did not go before [10:38] the climate action committee. I [10:39] think for like any general [10:42] guidance. Um, to my knowledge, [10:43] uh. About gas stations, we do [10:45] not have any policy, um, for [10:47] use permits in gas. Stations [10:50] due. To issue no. Okay. [10:53] >> am I right? Yeah. [10:56] >> I have. A couple questions. [10:59] So, um, the permit. Findings [11:01] what the staff report says is [11:05] that, um, this use would. Not [11:07] be detrimental to the health, [11:09] safety and. General welfare of [11:09] persons residing. [11:11] >> or working in the. [11:12] Neighborhood of the proposed [11:17] use. Um, there are. Children [11:20] going to school. At the. [11:22] >> county office. Of education. [11:23] Building. [11:26] >> um and that wasn't [11:29] mentioned. In um any of the [11:31] documents. Uh, it's hard for me [11:33] to imagine that um a [11:35] convenience store that sells [11:38] alcohol and uh, tobacco would [11:41] be a good thing to have right [11:42] next to a school. Apparently [11:44] there's children as young as [11:47] ten that, um, attend classes [11:49] there. So I'm just wondering [11:51] did you take that into [11:51] consideration? Yeah. [11:54] >> the proposed, uh, request [11:56] before us this evening is a [11:57] land use entitlement to [11:58] establish a gas station. It [12:00] does not take into [12:01] consideration the items that [12:03] MAY be sold as part of the [12:04] convenience store. There's no [12:06] use permit requirement to sell [12:07] alcohol or to sell tobacco [12:09] products within the convenience [12:12] store. So, um, let's say this [12:13] gas station wasn't here and it [12:15] was just a um, retail store. [12:17] That retail store could go in [12:19] by right without any use permit [12:20] requirement and they could [12:21] still. Choose to. [12:23] >> sell alcohol or tobacco. Um, [12:24] because it would be allowed. [12:26] within that zone they would [12:27] still have to get their [12:28] permitting of course through [12:30] abc and what other state [12:31] requirements. But there's [12:35] that's coming to us merely [12:37] because it's it's a gas [12:38] station. [12:42] >> correct. Garrett, could you [12:45] just repeat maybe and help us [12:48] the current zoning that's there [12:50] and then what would be allowed [12:51] by right there? Yeah. [12:54] >> so the the current zoning is [12:55] regional commercial. So it [12:57] actually allows a variety of [12:58] land uses usually commercial [13:01] serving type land uses. So as I [13:02] mentioned like a retail store [13:04] maybe a grocery store or [13:06] pharmacy um or even a small [13:07] retail store would be permitted [13:10] by right. Um they would come in [13:11] for like a staff level [13:12] administrative review for the [13:16] architecture of the site. Um [13:18] gas stations within the city [13:21] require use permits in most [13:22] zones and this is one of the [13:23] zones that requires a use [13:25] permit. So that's why it's [13:26] before the commission this [13:32] evening. Other questions? Um. [13:34] >> I you know, I've learned a [13:36] little. Bit about what. Vent [13:37] stacks. Are and I've. Never [13:37] heard. [13:39] >> of them before. I'm sure [13:40] I'll be looking for them in [13:40] every. [13:42] >> gas. Station now but. It has [13:44] there. Been any I didn't really [13:46] understand what I was reading [13:48] when I was researching was that [13:51] it's. Going to vent. Gases and [13:53] is there any requirement for [13:55] that? I mean I know we are also [13:57] right next to a highway so I'm [13:59] sure there's plenty of gases [14:00] being emitted there. But is [14:02] there any requirements that [14:03] we've. Overlooked regarding [14:05] those vent stacks? We don't [14:07] have any policy or code [14:09] requirements within the city [14:12] code that would um regulate the [14:14] placement or location event [14:17] pipes. Um a lot of that is [14:18] handled through the. [14:19] >> the local. Air district um [14:21] to manage that placement. What [14:23] we were concerned a more about [14:25] was the esthetics of that and [14:27] how it MAY be screened. Um so [14:28] they are including some [14:30] landscaping to help with the [14:31] screening because it is at that [14:33] corner. Um, but we don't have [14:34] any sort of environmental [14:36] regulations about where. That's [14:37] located and they are required [14:40] for all gas stations and um, as [14:41] you learned as designed to do a [14:43] little bit that you will find [14:45] them when you approach a gas [14:45] station. Okay. [14:48] >> thank you. Um I have another [14:50] question. Um, which is [14:53] carmichael is a dead end [14:56] street. Um, and so I'm just [14:58] wondering about the emergency [15:01] access if if there's something [15:02] going on at this gas station, [15:06] let's say there's a fire. Um, [15:08] anybody needing to get out of [15:10] the area would have to go right [15:12] past the gas station on [15:17] carmichael to get out. Um, what [15:21] ,um, was that something that [15:23] was looked at? Yeah, our our [15:24] fire department did review [15:26] these plans. Um, and they will [15:28] review it again. Um, if it's [15:29] approved and moves forward to [15:31] building permit. Um, and there [15:33] are two points of ingress and [15:35] egress here that are on [15:36] carmichael. Um. [15:39] >> uh, department of public [15:40] works could maybe clarify more, [15:42] but having access on. The east. [15:45] Park is, um, not a good idea [15:47] because it's a a heavy arterial [15:48] roadway. So that's why there's [15:50] no, um, access that is there. [15:51] But my general understanding [15:54] about, um, the fire code and [15:55] the requirements is that you at [15:57] least maintain like two points [15:59] of access in and out of a site. [16:01] Um, and. More importantly that [16:04] the maneuvering on site is [16:05] adequate enough for a fire [16:07] truck to be able to get in [16:08] there and circulate around the [16:10] entire building and be able to [16:12] pull their hose to all. Corners [16:14] of the building as well. So [16:15] that was already preliminary [16:17] looked at by the fire [16:18] department and there were no [16:20] access, circulation or concerns [16:22] flagged by the fire department. [16:24] Yes, I guess what I was asking [16:26] about though was people having [16:30] to use the carmichael to get [16:33] away from the area in general. [16:35] So if carmichael is blocked [16:39] then anybody who is working in [16:42] that area or just is in that [16:44] area that they won't be able to [16:49] get out. I don't know if that [16:53] has any ideas on that. Um, it [16:55] is signalized. I can't speak [16:58] to. What it would be in the [16:59] event of a fire emergency and [17:00] it depends on how many people [17:01] are there and how many people [17:03] need to get out at that [17:04] specific time and what those [17:05] conditions are at the time that [17:06] the fire is occurring. [17:09] Obviously emergency personnel [17:11] would show up and if there is [17:13] threat to the lives, I'm sure [17:15] they have some protocol to [17:17] expeditiously get people out of [17:18] carmichael and make a quick [17:20] right probably on the east [17:20] park. [17:22] >> and get them out of the [17:24] location. The neighboring [17:27] property. Does have egress. Off [17:32] of. East park as well though. [17:33] Yeah that's correct. There's [17:33] there's. [17:39] >> two driveway points. Yeah [17:41] additional questions. Uh well. [17:44] >> yes and. [17:45] >> I didn't see signage was [17:47] discussed in any of the um uh [17:49] any of the materials. Can you [17:50] speak a little bit about what [17:51] signs will be on the property [17:52] or is proposed. For the [17:52] property? Yeah. [17:54] >> so there has not been a [17:56] tenant identified um for this [17:59] so the the staff report vaguely [18:00] speaks to that they have [18:02] locational ideas of where some [18:04] of that signage would be and [18:06] you can see them here on the [18:07] elevations. We also have a [18:09] condition of approval that um, [18:11] all signage is subject to a [18:12] separate review and approval [18:13] process and to be consistent [18:15] with the municipal code. So uh, [18:17] when that comes in staff will [18:18] evaluate that against the code [18:23] and make sure it's complies. [18:24] Great. [18:26] >> are we ready to open the [18:29] public hearing? Okay. So we [18:31] will open the public hearing [18:33] and we will begin with the [18:43] applicant julio tanjiro. Good [18:46] evening. Hi my name is aaron [18:48] from milestone associates from [18:50] yuba city. Uh, we're the design [18:52] firm for the project. Um, we're [18:54] glad to be before you this [18:56] evening. I want to thank you [18:57] for taking the time for your [18:59] package. I also want to thank [19:01] staff garrett for all his help [19:02] during this process. As you [19:04] mentioned earlier, you know we [19:05] originally started this project [19:07] back in 24. So it's been kind [19:10] of a lengthy process. But uh [19:12] the good thing about it is that [19:14] the the owner of the project is [19:16] been totally um, wanting to [19:19] work with um, you county and [19:20] we've done everything pretty [19:22] much at the last by still [19:23] making the project viable [19:26] because we need you know, there [19:28] are some things that we just [19:29] can't do based on the type of [19:30] project that it is. But we did [19:32] take all their concerns into [19:34] consideration and actually [19:36] consult with experts in those [19:38] specific concerns that they [19:40] had. And we actually had a [19:41] letter addressed or included in [19:42] your package that you you were [19:45] able to refer to you um the [19:46] easement. Yeah. That was just [19:48] kind of like a surprise for us. [19:50] But um again, that didn't kill [19:52] the project. We still had [19:54] access off of carmichael. So [19:55] although it would have been [19:56] easier to be able to have more [19:58] access off of the adjacent [20:00] property like originally was [20:02] designed um it didn't affect [20:05] the project. We have uh, [20:06] circulation throughout the [20:09] project and avoided all the [20:11] conflicts. It was reviewed by [20:13] traffic um and again all the [20:14] departments reviewed it and um [20:16] the comments that were [20:17] presented were addressed so [20:18] there wasn't anything regarding [20:20] that one access off of [20:24] carmichael. Um the seed uh [20:26] again it we meet all the zoning [20:28] requirements so they're not [20:29] we're not asking for an [20:31] exception or a uh, variance or [20:33] we've met everything that the [20:37] city required and so um, when [20:39] quite a couple of questions [20:41] were brought up the mean stacks [20:43] i mean, it's kind of like it's [20:44] kind of funny because every gas [20:46] station has them and you really [20:47] don't see them. We try to [20:49] screen them but state [20:50] requirement that we have those [20:52] tanks uh vented and so we [20:54] usually do it somewhere where [20:55] it's not visible. Um you [20:57] obviously don't smell them [20:58] because a lot of people are [20:59] like oh I'm going to be [21:00] smelling fumes but if you go to [21:02] any gas station I mean usually [21:03] it's at the pump or you might [21:04] smell something but they have [21:07] the vacuum pump so it's very [21:09] minimal if anything in the way [21:10] they're designed is high enough [21:13] that it's going to disperse any [21:15] kind of fuel. If there was um, [21:17] it's not going to be down at [21:18] the ground level where it would [21:21] affect pedestrians. So that's a [21:23] common design that's been [21:25] around for since gas stations [21:26] have been around. So it's not [21:28] uh that really isn't a concern. [21:31] Um fire department did review [21:33] the project and again they [21:35] reviewed the driveways. Um we [21:36] originally wanted to keep the [21:38] existing driveway on the south [21:39] because again we have more [21:41] access better for us. But um, [21:43] traffic came back and said that [21:44] it was too close to the corner [21:46] and might cause conflicts and [21:47] peer reviewed it and they said [21:49] the site still was viable with [21:51] the one driveway. So that [21:52] worked out really well. So you [21:56] kind of met with the city and [21:57] agreed to close that south [22:01] driveway. Um the cul de sac [22:03] question that's that's [22:05] interesting because I mean [22:06] right now it's a classic, [22:08] right? So I mean any building [22:10] that's on that street that gets [22:12] has a fire or emergency [22:13] regardless of at the gas [22:15] station or anything else [22:16] they're going to have that [22:19] conflict or evacuation concern [22:20] like was mentioned on this [22:22] project is that on our specific [22:24] parcel and the you county's [22:25] parcel they actually have [22:26] another exit. So if something [22:29] happened on our site it should [22:31] be able to get around our [22:33] property and but it was to come [22:34] down carmichael back to park. [22:36] So regardless of people's lives [22:38] or somebody else that concern [22:41] already exists and we are [22:42] already by allowing the [22:43] multiple access points or [22:46] egress um it was deemed that it [22:47] would not come create a [22:50] conflict and then uh the [22:52] signage question uh yeah we're [22:54] required by state to have price [22:56] signing. So we have these [22:58] monument signs that we have to [22:59] provide the prices those are [23:01] requirement but we also have [23:04] tenant signage so it all meets [23:05] uh it all has to be designed [23:07] per the city sign ordinance. [23:08] And as garrett mentioned it [23:11] comes back to before you for [23:12] approval under a separate [23:13] submittal so you guys will have [23:15] a chance to review it. And we [23:17] also design those to match the [23:18] building decor so they don't [23:21] they match the overall building [23:23] architectural theme and works [23:25] together. So that will be [23:27] definitely encouraged with our [23:28] sign vendor when we present [23:31] that to you. Um with that um [23:32] again we're really excited [23:34] about the project. This is a [23:35] unique project. It's not a [23:37] prototype like you see multiple [23:39] times is a unique design for [23:41] chico. So you guys are going to [23:42] have this you're never going to [23:43] see this design anywhere else. [23:45] So we made it specifically for [23:46] this location so we're excited [23:48] about that. And again we've [23:50] been doing these projects up [23:53] and down the state for 30 years [23:55] and we know the concerns about [23:57] traffic um you know the [24:00] concerns about safety all those [24:01] are always our number one [24:03] concern when we design these. [24:05] And so I want to just express [24:07] that we did really do our due [24:08] diligence to make sure what we [24:10] provide would be something to [24:12] the benefit to the city and the [24:13] citizens of chico. So with [24:16] that, um is there any questions [24:19] I can answer? Any questions to [24:20] my left commissioner. Yes. [24:25] >> um um, first I'd like to say [24:27] thanks for taking the time to [24:29] work with um um, the county [24:31] folks and in resolving it seems [24:33] like a lot of the issues that [24:35] came up I know that's um, took [24:36] a lot of time, a lot of work. [24:38] So that's that's appreciated. [24:40] Um, I had a question for you [24:43] about the, um, the car wash and [24:45] the need for any additional [24:46] stacking leading into that car [24:49] wash and like this is a fairly [24:50] small gas station so maybe [24:51] that's not going to be an issue [24:52] but I know in some other [24:54] settings it can and how does [24:55] that work in. Terms. [24:57] >> so most of the variance is [24:59] considered an in bay automatic. [25:01] So usually they have a one car [25:03] stack because it's a quick um [25:06] in and out. Um it's not like [25:08] you don't want to compare it to [25:09] like an express car wash that [25:10] you see these popping up all [25:12] over the place like quick [25:13] quicker surf through those are [25:15] these are just mostly for gas [25:16] customers who might get a [25:17] discount on a car wash. Right. [25:19] Getting pump is not going to be [25:21] uh high traffic. So our [25:23] experience using these it's [25:24] usually you know one uh two [25:26] stack in this case we designed [25:28] it where the site was kind of [25:29] tight but we did provide the [25:30] one stack and then we had the [25:31] overflow that even if it did [25:34] back up into the aisle it would [25:36] still provide um it would be a [25:37] minimal time for it because [25:39] these car washed as you guys [25:40] know they go pretty quick. So [25:41] if there was any kind of [25:44] stacking it would be um it [25:46] wouldn't impact that dry bill. [25:47] All right. And we haven't had [25:49] the problem with stacking but [25:50] if it was I know the applicant [25:52] or the owner has had staff [25:53] where they go out there and [25:55] they might you know close it [25:56] off kind of like driving [25:58] queuing for starbucks or one of [25:59] these coffee places we do the [26:00] kind of the same thing we [26:01] haven't had to do it for these [26:02] types of car washes again [26:04] because they're small okay. But [26:06] that's one of the options if it [26:07] it become a you know. I got [26:08] some questions for you too [26:10] about the um some of the design [26:12] aspects of the project. I [26:14] noticed the uh the canopy has a [26:17] minimum um, height of uh, 16ft [26:20] above the pavement and I'm [26:22] wondering about um, some of our [26:23] design guidelines that talk [26:24] about trying to maintain a [26:26] human scale, pedestrian scale [26:28] and whatnot. Is it possible to, [26:30] um, to lower that a bit and [26:31] still comply with the building [26:33] code? I I think the answer is [26:35] yes but from your. Yeah we we [26:36] try to do it we design it. Uh [26:38] you know the minimum height on [26:40] highways is 14ft and we try to [26:42] keep it um a little bit higher [26:44] just for the unknown safety [26:47] factor and throughout uh, [26:49] almost every petroleum company [26:51] has a 16 foot minimum for in [26:53] this case it would be more like [26:54] rvs or mobile homes that are [26:57] coming down the 99 they're a [26:58] lot higher but they might stack [27:00] something on top so it's more [27:02] of a safety concern. You could [27:04] drop it down but um overall I [27:08] think we usually don't go lower [27:09] than I haven't done a gas [27:10] station where I've gone lower [27:12] than like ten 15ft but usually [27:14] 14 would be that's the minimum [27:15] for state highway. So if you're [27:17] driving down the highway you're [27:18] going to be less than that. So [27:19] you're right you know we just [27:21] want to make sure there's no [27:22] they don't need the canopy [27:24] because that's pretty expensive [27:25] and then structure. Thank you. [27:27] >> and then about the the [27:30] lighting under the canopy um [27:32] some parts of it are it looks [27:34] like the lighting comes in at [27:35] around 30 foot candles and [27:36] other parts it kind of [27:40] disperses a little bit. Um and [27:41] we don't have some we don't we [27:42] don't know much about that [27:44] really as a panel but it seemed [27:46] like you know, just looking at [27:47] what other cities have the [27:48] standards and whatnot that that [27:51] was a little on the bright side [27:53] is this something that is um [27:54] from your perspective an [27:56] absolute necessity uh, for the [27:57] so. [27:59] >> we we have the uh design [28:00] guidelines um, by the [28:03] corporation plus just the [28:06] industry in general and we hire [28:08] uh lighting consultant who are [28:10] experts in lighting and so they [28:12] have the criteria to make sure [28:14] it's lit well for operation for [28:16] safety security. But also we [28:18] got to consider that we don't [28:20] want to bleed off the site and [28:21] become a nuisance to the [28:24] adjacent. So if you look at the [28:25] photometric plan they do show [28:27] like you said it is bright [28:29] under the the canopy. We want [28:30] to make sure that you can see [28:32] what you're doing but it does [28:34] taper off as it goes out. So in [28:36] general it is an industry [28:37] standard to keep them brighter [28:40] under the canopy and then and a [28:43] phase it out as you go. As is [28:45] the um uh the surface on the [28:46] underside of the canopy [28:47] reflective or is it going to be [28:48] a matte finish? How is that [28:49] going to be treated? It's kind [28:53] of like a white um uh surface [28:54] on it. Okay. [28:56] >> I don't know what it's like. [28:59] They call it a like an acm type [29:01] material. Um metal cladding. [29:01] Yeah. [29:03] >> I'm just trying to get an [29:04] idea of if it's, you know, [29:05] matter highly reflective in [29:06] terms of the the actual [29:09] surface. Uh or. Mhm. [29:11] >> that's a good question again [29:12] okay. I don't think. [29:14] >> it's I probably be gloss I [29:18] guess maybe for weather um [29:22] purposes I don't. Okay thank [29:24] you that's all I had. Any other [29:25] questions left. [29:28] >> yeah uh thank you um can you [29:29] walk me through the thinking [29:31] for the crosswalk to the to the [29:33] gazebo area? Okay, so that's a [29:37] really there was a a walkway. [29:38] There's an existing, uh, [29:40] planter from the gazebo going [29:42] south and there's a sidewalk [29:44] there. So we added that [29:45] crosswalk to we figured if [29:48] somebody is going to be at the [29:49] school and they want to be at [29:49] the gazebo, they probably want [29:50] to go to the convenience store [29:52] and buy a sandwich or pop or [29:53] something. So we just wanted to [29:55] make sure that was a delineated [29:57] walkway just so that it's a [29:59] little bit more safety factor. [30:00] And just to make it clear that [30:02] they could actually have access [30:04] to that existing walk in [30:15] gazebo. Anything else? I have a [30:18] question. Um, what's your [30:21] anticipated life of this [30:23] business mean? We're kind of [30:25] switching from gas powered [30:27] vehicles to electric vehicles [30:29] and there's already three gas [30:32] stations within a mile of the [30:35] site. Um, seems like this place [30:36] won't be in business all that [30:38] long. Either that or the other [30:40] places will go out of business. [30:41] What is your anticipated [30:44] business life of this project? [30:46] >> I mean average is like a 20 [30:47] year life when they they [30:49] estimate 20 years but we know [30:50] what's happening in california [30:52] and what's going on with the ev [30:55] and um, those uh these stations [30:57] have actually started a lot of [30:58] these big petroleum companies [30:59] are realizing that as well. So [31:00] they're real they're starting [31:02] to have us have the potential [31:05] to possibly convert to eb or [31:07] provide more ev spaces on site. [31:09] So uh, you know, the california [31:11] code requires us to add some [31:12] spaces based on the number of [31:15] parking. So as the mandates [31:16] start coming down the [31:18] requirements for eb the site [31:19] would be able to provide [31:24] additional ev chargers. But the [31:25] they're expecting to be at [31:27] least 20 years. So I I don't [31:29] know how quickly the ev mandate [31:32] will be down but it's um [31:33] they're are projecting is it's [31:39] going to be while still. And [31:42] are there any provisions to um [31:44] have money set aside to take. [31:46] The so what the tanks. [31:47] >> out when they're no longer [31:50] needed. So they're. Leaking [31:51] hazardous material into the [31:52] ground? I don't know about that [31:54] one because I know you guys are [31:56] I don't even know. But back in [31:57] the 80s they had a big state [32:00] fund that paid um gas stations [32:01] to replace their underground [32:02] fuel tanks because they were [32:04] leaking and so they came up [32:05] with the uh you know, basically [32:07] code is is hey, we're going to [32:08] pay you guys a big chunk of [32:10] money to just replace them. And [32:12] so it was a oh, the state fund [32:14] that actually it was a federal [32:15] fund that actually helped the [32:17] owners do that. So I'm pretty [32:19] sure that you know, these gas [32:20] station guys are big guys as [32:22] you guys can imagine. Um, they [32:24] they're going to want to do [32:25] whatever they can to work with [32:27] the local agencies but to make [32:30] a local business owner replace [32:33] them that's going to be a big [32:35] expense and that would be I'm [32:36] pretty sure they have to be [32:37] offset somehow with some kind [32:39] of and to from either state or [32:41] federal funding again [32:43] everybody's going to. We're all [32:45] in the same boat. We all want [32:46] the best for the community and [32:49] for the citizens. But right now [32:51] like I said earlier that this [32:52] this project currently meets [32:54] everything all the zoning and [32:57] um the requirements. So kind of [32:58] hypothetically you're trying to [32:59] figure out what could happen in [33:01] the future. I mean, it's you [33:04] know, we'd just be guessing. [33:04] Yeah. [33:06] >> I'm just concerned that the [33:08] city will then be stuck with a [33:11] tank with hazardous material in [33:13] it and there's no money to [33:16] clean it up and I would think [33:18] it would happen. I mean, we [33:19] know it's going to happen but [33:21] we're no we're going to switch [33:24] to electric so. As you. Own [33:25] yeah as part of the application [33:27] uh and the building permit [33:28] we're required to submit a uh [33:29] stormwater pollution prevention [33:31] plan that addresses any kind of [33:33] spillage, any kind of [33:34] contamination stuff that's [33:36] handled. We have a plan that's [33:38] required to be part of the [33:40] project that we would train the [33:42] staff at if there's an [33:43] emergency, what they need to do [33:45] to make sure is not affecting [33:47] anybody downstream from that. [33:48] And so that's a requirement [33:49] that the state actually makes [33:50] us do on every gas station, [33:52] which will be part of this [33:58] project as well. Any questions. [34:01] I actually have one more um so [34:03] my apologies. Um, uh with [34:05] respect to uh solar panels uh I [34:07] don't know what the [34:08] requirements are and I don't [34:09] are you going to be uh, [34:10] including those as part of this [34:11] project and where do you plan [34:12] to. [34:13] >> put yeah. So what we do on [34:15] solar we try to put them on the [34:16] canopy. Um, right now we're [34:17] required to do so much but not [34:19] not to be 100%. It's supposed [34:21] to be a percentage of the [34:23] overall used to get it down to [34:27] uh acceptable leep requirements [34:30] .So we typically in the in the [34:31] historically have used the [34:32] canopy itself put up up there [34:34] there's nothing up there so it [34:36] works perfectly for a solar [34:37] panel on the building itself [34:38] it's a little bit harder [34:39] because there's rooftop units [34:41] there's exhaust fans. There's [34:43] you know other items that kind [34:45] of restrict the space. We've [34:48] also looked a bit um some of [34:50] the owners have decided to put [34:52] canopies over um the parking as [34:54] you guys you know, sacramento [34:56] and roseville I don't know if [34:57] you guys have done it here but [34:59] there's you can put canopies [35:01] over uh the parking and use [35:03] that a solar. So it all comes [35:05] down to you know, the [35:06] profitability you know, the [35:09] cost benefit of adding these [35:11] solar panels and right now [35:14] based on what we're proposing [35:16] is we're going to do the state [35:18] requirement um per permitting [35:21] but and most likely will be on [35:23] the canopy. All right. And [35:24] maybe a question for staff on [35:26] on that point does the uh the [35:28] commission have any authority [35:31] over the design of those panels [35:41] or not? [35:49] I don't know I yeah. Um uh I [35:51] think our our scope is limited [35:52] when it comes to solar and I [35:54] think the state has put in a [35:55] lot of protections, uh, when it [35:57] comes to photovoltaic panels. [35:59] Where they can be placed. Um, [36:01] so our overall discretion is [36:03] limited, but um, and a lot of [36:05] this is handled through the uh, [36:07] building permit stage. And so [36:08] when it comes back through [36:09] planning we will take a careful [36:11] look at it to see where it is [36:11] placed and make. [36:13] >> sure that it. Is in an [36:14] appropriate location and not. [36:16] Some kind of obscure. Location [36:18] that will kind of interfere [36:19] with the overall design and [36:20] esthetic. All right. [36:22] >> thanks can add to that [36:24] really quick. So that's [36:26] actually a good point also [36:28] because being 16ft that's the [36:30] bottom of it. The top is going [36:32] to be like 19ft. So I mean [36:33] you're not gonna even see the [36:35] panels from the street. Um also [36:38] it's the catch 22. You could [36:39] you want to screen them you [36:40] want to see them but you also [36:42] can't screen them from the [36:44] morning so it's worked out [36:45] really well. We're they're on [36:46] the the canopies are piling up. [36:48] You don't see them but they [36:52] still have maximum efficiency. [36:54] Which you mind um and I just [36:56] kind of want to orient us that [36:58] um the planning commission [37:00] we're dealing with the land use [37:01] um, and that's the decision [37:03] that we're making tonight is on [37:04] the land use use permit. Can [37:06] you walk us through, um, what [37:08] the rest of your process. Looks [37:13] like? Um. If there was. Uh, a. [37:14] Decision tonight, where do you [37:15] go from there? [37:16] >> all right, so. MADAM Chair, [37:18] if I if I MAY just to clarify, [37:20] um, we also have before us the [37:22] design review component. Of the [37:23] correct. Yes. [37:24] >> okay. Thank you. Want to [37:25] make sure that was. [37:26] >> under so bye bye. Right. [37:29] It's a commercial use and zone. [37:31] It's an approved use with use [37:32] permit which means it's [37:34] required to come before you by [37:36] stopping use. So uh the process [37:39] here is we presented to you and [37:40] let's say you guys vote yes and [37:42] you take their staff [37:43] recommendation and approve it. [37:44] Our next step would be we would [37:46] get the conditions of approval [37:47] those those would be part of [37:49] the resolution and then we [37:50] would take those conditions of [37:51] approval and prepare [37:52] construction documents that [37:54] would be presented to the [37:55] building department and then we [37:56] would submit all that for [37:57] building department. We'd also [38:00] submit environmental up for the [38:02] gas portion also the food [38:04] portion all the departments are [38:05] going to have to be submitted [38:06] and we have to get approval [38:08] from all different agencies and [38:10] then once we get that building [38:12] permit at that point then we're [38:13] going to start construction and [38:17] depending on on that. I am most [38:18] interested in I. [38:19] >> forgot. About the design [38:20] side. So thank you for [38:22] correcting me but um the [38:23] environmental portion what does [38:24] that look like for you guys [38:26] where what what local entities [38:27] are you working. So the [38:30] environmental portion um and [38:31] and I'm going to help review is [38:33] both the food bomb food portion [38:35] of this historic is selling [38:37] food. So even though it's a lot [38:39] of it is hidden serve or you [38:40] know prepackaged food they [38:41] still have to require for that [38:43] the fuel itself has to be [38:44] reviewed by the cooper [38:46] department, which is also an [38:48] environmental health uh agency [38:50] that reviews all the pumps, [38:51] tanks. Um. [38:53] >> everything that has to do [38:54] with fuel. So we have to submit [38:56] petroleum drawings to their for [38:58] their review as well. Um, as [39:01] far as um you know, the sequel [39:03] part of environmental that's as [39:05] you saw in the report it's [39:07] exempt because of the enfield [39:09] category but also there was [39:13] nothing that was, you know, [39:14] environmentally concerned that [39:16] other than that you think that [39:17] the county brought up but [39:19] overall the county or the city [39:23] um staff and agency saw that it [39:26] was categorically exempt of any [39:30] environmental concerns. So [39:31] great. Okay. [39:34] >> before we let him sit down, [39:35] any other questions because we [39:39] will not call him back up. [39:39] Okay. [39:44] >> thank you thank you it. And [39:46] then uh we'll go back to our [39:47] public hearing. How many [39:48] speakers do we have, nicole? [39:50] Three. Three. Perfect. Okay. [39:52] >> um, and who's our first. [39:53] Speaker todd alexander, [39:55] followed by michelle zavala. [39:55] Okay. [39:58] >> thank you, MR. Alexander. [40:00] And you have three minutes. [40:04] Good evening. Um, I. Am the. [40:05] Deputy superintendent. [40:07] >> with. Butte county. Office [40:08] of education. First I. [40:10] >> want to acknowledge the. [40:11] City staff. Who have worked [40:13] with us. Apc this. [40:14] >> this year to help us. Better [40:15] understand. Thank you gary. [40:17] >> for. The help there and [40:18] addressing many of our concerns [40:20] and uh we appreciate that [40:22] coordination. Um, at the same [40:24] time we maintain several [40:27] significant concerns because of [40:29] how uh how close this project [40:31] is and sits to a growing [40:34] educational campus. Um, so we [40:36] serve students here through [40:38] career technical education, [40:40] regional occupational programs [40:42] and courses as well as foster [40:46] youth services. Our cte and our [40:48] ap programs are actively [40:50] recruiting and filling seats in [40:51] a high demand career pathways [40:54] and including health care [40:56] dentistry. And so this campus [40:58] is going to continue to grow [40:59] and continue to see substantial [41:02] student use. One of our main [41:03] concerns has been touched on [41:05] already is the safety issue um, [41:07] due to a fire or a potential [41:10] spill once that uh driveway is [41:11] removed to the south well [41:13] they're only going to have one [41:16] um driveway out. And in the [41:18] event that something happens at [41:19] the front end of carmichael, [41:20] it's a dead end at the other [41:22] end. So we would have to see [41:23] about getting all our staff and [41:26] all of our students down to the [41:27] other end and we have to go [41:29] past whatever that spill or [41:34] that fire is at that point. Um. [41:38] There are a number of other [41:39] concerns that we've put into [41:44] our letter. Um, and uh, [41:46] including the the concerns with [41:47] tanker truck access, uh, [41:49] different security issues and [41:52] different emergency response. [41:54] Um, again, we do appreciate the [41:56] work the city has done with us. [41:58] Um, our responsibility is [42:00] always to butte county [42:02] students. So we want to make [42:03] sure that the commissioners [42:04] fully understands that this is [42:07] is not a lightly used property. [42:08] Um, the proposed development [42:10] will negatively impact students [42:13] and educators and it is an [42:14] active educational site serving [42:16] a growing number of students [42:17] and preparing for important [42:19] careers within our local [42:21] economy. For those reasons, bsu [42:23] continues to have serious [42:25] concerns with this project and [42:27] as proposed um and I'm here to [42:30] go on record so that um in the [42:31] event that something does [42:32] happen and there is an [42:33] emergency or there isn't a [42:36] fire, we brought it to your [42:38] attention. And so um, we've [42:40] done our job for the students [42:42] so thank you. Thank you. [42:44] >> uh, any questions for MR. [42:46] Alexander? Okay. [42:51] >> thank you. Next speaker is [42:53] michelle zeppelin followed by [42:55] amanda simmons. Good evening [42:57] commissioners, thank you for, [42:58] um, allowing. Us to. [43:02] >> speak and want to first. [43:03] Start off with saying. We want [43:05] to make sure that you know that [43:06] we are pro-business. There have [43:08] been multiple businesses in [43:11] this area um, and in this at [43:13] this site restaurants mostly [43:16] but also a wick grocery store [43:18] public health. So we have been [43:20] a good steward and we want to [43:21] be a good neighbor but our [43:24] concerns rest with a lot of the [43:27] congestion that this, uh, new [43:30] proposed business will bring. [43:32] If you can picture the area [43:33] there's dutch brothers there. [43:36] Um and yes, there is uh, access [43:39] out to east park but that has [43:41] been closed off for a long [43:43] time. So right now there is [43:46] really no access out that way. [43:49] So at the other end is chico [43:50] unified school district bus [43:52] barn. So we have school busses [43:54] .This is our main bus barn and [43:56] only bus barn so we have school [43:58] busses coming out that way [44:01] morning noon in and out in the [44:03] afternoon added to the dutch [44:05] brothers and then added to our [44:06] own traffic. So it's going to [44:08] be a very congested area. So [44:10] that's our main concern because [44:13] if there is an incident of [44:15] safety um it's going to be a [44:19] congested area. So just want to [44:21] share that we do have career [44:22] technical education programs [44:23] there and our next speaker is [44:25] going to speak to that. But we [44:28] also serve county wide uh we're [44:29] technical assistance and [44:31] support for our districts, um, [44:32] with homeless youth, foster [44:35] youth and also students who are [44:37] having um troubles with um [44:39] tobacco and vaping. So we have [44:40] prevention services there. So [44:42] every week we have minimum of [44:46] 40 students age 16 to 25 of [44:48] that population coming to the [44:51] site to see staff and have [44:52] services and supports. These [44:55] are students that can have [44:58] alcohol and tobacco um [44:59] challenges. And so that is one [45:01] of our concerns is having a [45:03] convenience store um with those [45:06] products. So it's important [45:08] that um we highlight those [45:10] students and that this proposed [45:12] business will add additional [45:15] traffic and and flow that will [45:18] be a detriment to us. So thank [45:19] you again for listening to our [45:22] concerns. Thank you. [45:24] >> there's any questions. Any [45:29] questions for the speaker. And [45:29] then amanda simmons. [45:35] >> good evening. Amanda simmons [45:36] senior director of workforce [45:37] development and business [45:38] partnerships I work at the [45:40] carmichael location every day I [45:41] have the great honor and [45:43] pleasure to oversee our rop [45:46] programs. So there are some [45:47] significant concerns, as you've [45:48] heard earlier for our students [45:49] and our employees. Safety with [45:51] a specific business. Um, [45:52] including the traffic [45:54] congestion and east park avenue [45:56] is a well known emergency [45:58] thoroughfare daily I sit in my [46:00] office and I hear the sirens [46:01] running up and down that road, [46:04] so I fear what congestion added [46:05] to that area does for our [46:07] ability to get in or out of the [46:09] site to paint a picture for you [46:11] of what this site looks like on [46:13] a regular basis or daily basis, [46:14] we have approximately 100 [46:16] students that move through our [46:18] rop programs on any given day. [46:20] Uh a quarter of those are high [46:21] school age students that are [46:23] exploring career pathways. The [46:25] remainder are 18 and older and [46:26] they are completing skilled [46:27] workforce training programs to [46:29] enter high need, high wage [46:32] careers in our community. If [46:34] you have been to a local dental [46:36] office, a veterinary office, a [46:38] doctor's office recently or any [46:40] time you most likely have run [46:42] into one of the graduates of [46:43] our programs or uh, that are [46:44] offered at this site that we [46:46] train. So we have certified [46:47] veterinary assistants, [46:48] registered dental assistants [46:49] through a variety of programs [46:50] including our comprehensive [46:52] program, an apprenticeship [46:54] program and dental specialty [46:56] courses that we offer. We train [46:57] medical assistance. We train [46:59] phlebotomy for our high school [47:00] students. They're on our [47:01] campus. They're exploring [47:04] careers in the medical and the [47:05] medical field as well as early [47:07] childhood education. All of [47:08] these are needs within our [47:11] community. Many of our students [47:13] have demonstrated an incredible [47:14] resilience in overcoming [47:16] addiction and other life [47:18] challenges. Uh they use these [47:19] training programs as a pathway [47:21] to a fresh start, meaningful [47:22] employment and a more stable [47:24] future for themselves and their [47:27] families serving our community. [47:28] So as you consider this [47:30] decision, I respectfully ask [47:31] that you consider not only the [47:33] use of the property but the [47:34] people whose futures are being [47:36] shaped here. Please prioritize [47:38] an environment that supports [47:39] the health, safety and success [47:43] of our students. Thank you. [47:45] Thank you and any questions for [47:48] the speaker? Um yeah I have a [47:50] question. So there have been [47:51] businesses there before and [47:53] there's been traffic in and out [47:57] of that property before. Um, [48:00] did that cause a problem? Um, [48:01] there was parking congestion [48:03] and and most of that occurred [48:05] before I was in this role. So [48:06] to my knowledge the businesses [48:08] that were there before worked [48:10] fairly well with our population [48:12] of students as well. But we had [48:14] three points of access into the [48:19] site to. Any further questions. [48:24] Thank you. Uh any other public [48:27] speakers? No. Okay. And then uh [48:29] we'll bring the applicant back [48:34] up to um. To speak as someone [48:37] uh. Yes, I it's the applicant [48:38] you you're allowed to come back [48:39] up and we're about anything [48:42] that you heard. Uh. [48:44] >> my name is I'm the old and [48:46] I'm the owner and developer of, [48:49] uh, skyway travel center. Uh, [48:51] 2495 carmichael drive. I want [48:52] to thank the city staff, the, [48:54] uh, reviewing departments and [48:55] all the community members who [48:58] have evaluated this project. I [48:59] would first like to acknowledge [49:01] the concerns raised by butte [49:02] county office of education. [49:05] Bcso is important neighbor and [49:07] we take our responsibility to [49:08] protect its students, employees [49:10] ,visitors and property [49:13] seriously in response to those [49:14] concerns regarding the previous [49:16] approved version of this [49:18] project, we withdrew that [49:19] application, reconsidered the [49:21] design and have returned with [49:24] the substantial downsized and [49:26] revised proposal. We took time [49:28] to have additional [49:30] environmental reports done. I [49:32] think it's in your staff review [49:36] from base camp. And it [49:38] disproves a lot of the concerns [49:40] the bco additionally, both [49:43] parties are now aware that the [49:45] previous easement regarding the [49:46] shared parking and mutual [49:48] traffic use between the two [49:50] parcels has expired. The new [49:52] proposal removes the drive thru [49:54] coffee kiosks, relocates the [49:56] fuel pumps and convenience [49:58] store, moves the trash [49:59] enclosure away from the [50:01] students areas and positions [50:02] the fuel system ventilation [50:06] stacks further from bcos [50:08] operation. The project has [50:10] undergone review by the city's [50:12] public works, engineering, [50:14] planning and fire departments. [50:17] According to the staff review [50:19] review report, the layout meets [50:21] the city's circulation and [50:23] safety requirements, provides [50:25] adequate emergency vehicle [50:28] access and turnaround and can [50:30] accommodate the anticipated [50:32] traffic volumes. Security and [50:34] site impacts have also been [50:37] carefully addressed because the [50:39] convenience store will operate [50:40] 24 hours a day, an employee [50:42] will always be present to [50:44] monitor the property. The [50:46] project features downward [50:48] directed lighting to illuminate [50:49] the site. We're minimizing [50:51] spill over into the [50:52] neighborhoods the neighbors [50:54] properties drawing with drawing [50:56] from experience with there are [50:58] other developments we have also [51:00] prepared to maintain ongoing [51:02] communication with bco [51:04] regarding security and incident [51:08] response procedures. The the [51:10] 1.93 acre commercial property [51:13] near highway 99 is designated [51:15] regional commercial and zoned [51:17] for regional commercial uses. [51:19] The surrounding area is [51:20] similarly zoned for commercial [51:23] use. Bco e, however has [51:25] received exemption from the [51:27] county and is operating in a [51:29] commercial office space. The [51:31] property was on the market for [51:33] over a year before we purchased [51:35] it, and bc bco could have [51:37] easily purchased the parcel [51:38] adjacent adjacent to their [51:40] operations during the time as [51:43] the property owners, we should [51:44] be permitted to develop the [51:46] parcel in compliance with the [51:48] established zoning regulations. [51:50] The project exceeds several [51:53] city requirements providing 34 [51:55] parking spaces where 17 are [51:57] required nearly 20% of [51:59] landscaping and over 50% [52:02] shading in the parking areas. [52:03] Furthermore, the pump fuel [52:05] pumps will be positioned 34ft [52:08] from the nearest property line [52:09] exceeding the required 15 foot [52:11] separation. New landscaping, [52:13] trees control lighting and [52:15] contemporary art architecture [52:17] will significantly improve the [52:20] site's the site's appearance [52:23] and function. We recognize our [52:24] responsibility to the [52:26] considerate neighbor we and the [52:28] city have been in communication [52:31] with bco since SEPTEMBER of [52:34] 2022 I think I we started this [52:36] process with tina and then we [52:38] had bruce and I've been here a [52:39] couple times. We got it [52:42] approved and we have redesigned [52:44] the project several times and i [52:45] don't think I had all these [52:47] gray hairs when we started in [52:49] 2022. So and we have ensured [52:51] that our delivery vehicles can [52:53] operate entirely on their own [52:56] property as courtesy to our [52:57] neighbors. Fuel delivery [52:59] vehicles will only operate [53:02] during hours when bco is not in [53:03] session so all the fuel [53:05] deliveries we would do three m [53:07] for him on the weekends when [53:08] they are not in operations so [53:10] it does not affect the [53:11] students. City staff has [53:13] concluded that this project is [53:14] consistent with the general [53:17] plan complies with the code is [53:19] compatible with the surrounding [53:22] commercial areas and will not [53:24] significantly impact related to [53:26] traffic noise, air quality or [53:29] water quality and we have the [53:30] studies to show that proves [53:32] that ultimately this project [53:35] will provide vital jobs and tax [53:37] revenue to the city while [53:39] replacing an outdated building [53:41] with state of the art facility. [53:43] And I receive calls from the [53:45] city about the landscaping, [53:46] about their being homeless and [53:48] we solve it, we go out there, [53:50] he said. We're very responsive. [53:52] I have his phone, he has my [53:54] cell number saved and we make [53:56] sure this property is clean as [53:58] much as we possibly can. We [53:59] also respectfully ask the [54:01] commission to consider the [54:03] revised project based on [54:05] evidence before you and to [54:08] adopt resolution number 20 6-02 [54:10] approving the use permit and [54:12] architectural review subject to [54:14] the recommended conditions, we [54:16] remain committed to complying [54:18] with all the applicable [54:20] requirements and working with [54:23] the city and bco you and to [54:26] note today is uh it's my wife's [54:28] birthday so I dragged her out [54:30] here for planning commission [54:32] hearings so it'd be a good gift [54:34] so we can get this one approved [54:36] and so we can it's been about 4 [54:38] or 5 years since has been stuck [54:39] for so we can get this one [54:41] going and really enjoy our [54:43] night. So thank you guys. Thank [54:47] you. Um okay with that we will [54:48] close the public hearing. Um [54:49] sir, if we could just get you [54:51] to follow the speaker card so [54:52] we have your name in the record [54:54] too. That would be great. Um [54:56] and I will bring it back to the [54:58] commission for any questions or [55:00] comments. I've got a question [55:02] for for staff about the the [55:04] scope of our authority here [55:07] tonight. Um, on the uh the use [55:09] permit it's understood that [55:11] the, uh, convenience market as [55:14] you explained is a use this [55:16] permitted by right. There's no [55:17] use permit necessary for that [55:19] to be established in this [55:20] location. Is that correct? That [55:23] is correct. So, um, that could [55:25] go in without any kind of [55:26] special use permit. Correct? [55:29] >> right. Um, the gas station [55:31] is the use that requires the [55:33] use permit. How about the [55:35] carwash? Is that part of it as [55:36] well? Is that part is that a [55:38] I'm sorry two out of the blue [55:40] question yeah. The carwash is [55:42] also a permitted use in this [55:43] specific zone for out all zones [55:44] but in this one it is. Okay [55:46] right. Thank you. [55:50] >> any other questions? [55:55] >> I don't. [55:56] >> have a question. But I. [56:00] >> have a comment. Um, MR. [56:01] Alexander you got me with the [56:04] danger part and that is you [56:04] know. Obviously something. [56:06] >> that. We all want to take [56:09] into. Consideration is safety. [56:12] Um, and also the traffic. Yeah [56:15] ,that's very obvious to [56:16] someone that's lived in chico [56:17] their. Entire lives and driving [56:18] by there. But at. [56:21] >> the end of the day. I'm not [56:22] an expert on that. I haven't. [56:24] >> done the traffic studies or. [56:26] You know, we. Have to take. [56:27] >> the fire. [56:27] >> and safety. [56:29] >> and all of those things and [56:30] listen to what. They say and if [56:32] they give their stamp of [56:35] approval then. They're the [56:36] experts, not us. But certainly [56:36] I. [56:37] >> think everybody. Would agree [56:39] we would all have concerns [56:41] about especially the safety [56:43] issues. So I just wanted to [56:44] make that clear because. Um. [56:46] >> nobody wants to put anybody [56:49] in harm. That would be awful. [56:55] Thank you. Yeah. Anybody else? [56:58] I have a uh maybe a procedural [57:00] question for staff. Um, and [57:03] that's on the uh the actions [57:04] before us there's two different [57:06] actions covered in one [57:09] resolution. Um, how would we or [57:11] could we proceed if we wanted [57:13] to take one action on one [57:14] component of that resolution [57:16] and a different action on [57:18] another component of it? You [57:20] can take both together or [57:22] however you want to present it [57:23] as long as they are, you know, [57:25] both either approved or denied [57:28] to me. But my question I think [57:31] I'm sorry is that um uh say for [57:33] example the the the commission [57:36] uh wanted to uh support the use [57:38] permit for the gas station but [57:40] did not want to support the the [57:42] the design of the project. Um [57:43] how would that how would we [57:45] proceed? You would amend [57:47] whatever design choices you [57:49] would you would want to see [57:51] reflected and so we would adopt [57:52] the resolution with the [57:55] amendments kind of suggested on [57:56] the dies. Okay. [58:01] >> thank you. Of course. Any [58:06] further discussion? Do you have [58:09] proposed amendments? No I just [58:12] um um I just for commission [58:15] discussion right at this point [58:18] um, I think that the. Uh I [58:19] don't have a concern at all [58:21] with uh, the environmental [58:22] review component of this. I [58:23] think the right call was made. [58:25] It's an infill project. That's [58:27] pretty clear. Um, I think that [58:29] that all the permitting that's [58:30] necessary these days for [58:32] projects are going to cover all [58:36] that very well. Um, and the the [58:39] gas station use um and the car [58:42] wash their uh any use of this [58:44] property is going to have some [58:46] impacts. It's going to have uh [58:48] traffic generating impacts and [58:50] other impacts that might be a [58:51] concern for adjoining [58:53] properties. So I um I don't [58:55] have a great concern really [58:57] with with the use uh my [58:59] concerns lie more with the [59:01] design of the project and some [59:04] of the details and um um. I [59:07] it's uh it's challenging [59:09] because I think that with a few [59:10] changes that could be made into [59:12] a a much better project in [59:13] terms of the design. But I [59:14] don't think that we should try [59:16] to design a project up here. [59:17] Um. [59:19] >> you know, ad hoc and just [59:21] kind of make stuff up on the [59:24] fly but um, I I I would support [59:26] the use permit but I do have [59:28] some concerns about the design [59:31] and the the reason for that is [59:33] that the reason for those [59:35] concerns is as the commission [59:36] knows. You know. [59:37] >> when we approve design [59:39] reviews, um, we have to make [59:41] findings that are complies with [59:42] the design guidelines of the [59:45] city. And so by making that [59:46] action we're confirming that [59:48] yes, it's consistent with [59:49] certain policies in the design [59:51] guidelines and I've gone [59:53] through that and looked at it [59:54] and listed a few here and you [59:57] know. I, I. I see us kind of [59:59] missing the mark and I would I [1:00:00] would find it challenging to [1:00:02] make those findings for for [1:00:04] design review on this project [1:00:06] for example um some of the [1:00:08] materials used and on the [1:00:10] building you know the vinyl uh [1:00:13] siding I'm I'm concerned that [1:00:17] that maybe you know, it doesn't [1:00:18] really advance uh design [1:00:21] guideline 1.2.32 that says use [1:00:22] building materials that [1:00:24] reinforce a sense of permanence [1:00:26] or place and I don't think that [1:00:28] vinyl does that. Um I think [1:00:31] that the um the lighting might [1:00:32] be a little a little much might [1:00:35] be more than uh is is really [1:00:38] uh, necessary here. Um and [1:00:39] there are some. Um. [1:00:42] >> uh, design guidelines about [1:00:43] that. Uh. [1:00:46] >> design guideline 1.5.14 [1:00:47] incorporate the minimum [1:00:49] intensity of lighting necessary [1:00:51] for safety and security to [1:00:52] minimize glare impacts and [1:00:54] energy consumption. So I'm just [1:00:55] thinking maybe maybe this [1:00:57] we've. We're pushing that limit [1:01:02] here on this um the um. Uh I [1:01:05] found the the elevations also [1:01:08] MAY be in conflict with some of [1:01:11] the design guidelines um the um [1:01:14] .Uh I understand the you know, [1:01:15] the modern design approaches on [1:01:17] things but you know, there's [1:01:18] one elevation, there's seven [1:01:20] different materials on it and [1:01:21] that's especially challenging [1:01:23] to get that to kind of hold [1:01:26] together. And we have uh um, a [1:01:29] design guideline says uh uh we [1:01:30] should articulate a clear [1:01:32] design concept in a written [1:01:33] narrative which I don't think [1:01:35] we saw in this 128 decision [1:01:36] makers and understanding [1:01:38] fundamental design elements of [1:01:40] a project. And I see we just [1:01:42] have kind of a and I don't [1:01:44] really mean this to to diminish [1:01:45] the work that was done on this, [1:01:46] but this seems kind of a kind [1:01:48] of a jumbled elevation uh, in [1:01:50] terms of the mixed mix of [1:01:53] materials and I thought that [1:01:56] the um. Um uh the parapet um, [1:02:01] was also had kind of a um a um [1:02:03] uh almost a stuck on appearance [1:02:06] to get the sign up a little bit [1:02:07] higher. Uh, and there was a [1:02:09] design guideline that says uh [1:02:11] uh void mansard torus which we [1:02:12] don't have here necessarily or [1:02:14] parapets which appear stuck on [1:02:16] or not integrated into the roof [1:02:17] with equal design treatment on [1:02:19] all sides. Um, and just seems [1:02:21] like that was just kind of [1:02:23] stuck on there and it's I [1:02:24] understand why that why that's [1:02:26] done. But I look at this as a. [1:02:28] Whole and it's like I'm not. [1:02:30] Quite quite there with it. I [1:02:32] think it could be there but I'm [1:02:33] I'm hesitant to try to start [1:02:36] tweaking the project and and [1:02:38] making changes to it trying to [1:02:39] design something up at the [1:02:46] dais. So thank you. Um so what [1:02:48] you were saying earlier you [1:02:49] feel okay about the use? The [1:02:52] use is a very intensive use for [1:02:53] traffic and air quality and [1:02:55] for. I understand it's. [1:02:57] >> an infill project and for [1:02:59] the categorical exemption for [1:03:01] the infill project. It must. [1:03:03] Not result in any significant [1:03:04] effects relating to traffic [1:03:05] noise, air quality. [1:03:07] >> and water quality. For the [1:03:08] air quality I'm feeling [1:03:09] uncomfortable. Because there [1:03:11] are sensitive. Receptors use [1:03:12] our considering. Sensitive [1:03:13] receptors per square and so [1:03:15] it's like I feel uncomfortable [1:03:17] approving the project and I [1:03:18] know that there will be a there [1:03:21] what that uh hra or the hsa but [1:03:23] like I'm I'm feeling a little [1:03:23] uncomfortable just approving. [1:03:25] >> it and just saying it'll be [1:03:29] okay so. And that's the the gas [1:03:31] station component of the use [1:03:32] and the emissions from that. I [1:03:34] do think that is why we have as [1:03:38] you. Know okay. Any other [1:03:39] comments? [1:03:46] >> um can we segment off the [1:03:48] use permit and have the. [1:03:50] Architectural review. Um [1:03:55] perhaps. Go to. Yeah I think it [1:03:55] fits. [1:03:56] >> give me a solution here. [1:03:58] >> so if. It's the commission's [1:04:01] will you could. Choose to um. [1:04:03] Approve and adopt the findings [1:04:03] associated. [1:04:05] >> with the use permit and then [1:04:06] recommend that the. [1:04:07] Architectural component come [1:04:09] back maybe either to this. [1:04:12] Commission or to the arb board. [1:04:14] Um, if that's the case, I just [1:04:16] ask as part of that motion that [1:04:17] the commission. Provide some [1:04:18] direction to. Staff on. What [1:04:19] are some of those changes you'd [1:04:22] like to see? Um modified so we [1:04:24] would have clear direction um, [1:04:27] bringing it back. And I guess [1:04:29] before we do that. Um. [1:04:31] >> I do want to see if there. [1:04:33] Was a. Will. [1:04:34] >> uh. [1:04:35] >> we do. [1:04:37] >> have the recommendation of [1:04:39] the motion. In front of us to [1:04:41] pass both the use permit and. [1:04:42] >> the architectural review. [1:04:47] Um, but with uh, out of. Yeah. [1:04:50] Would we have the will to pass [1:04:52] that collectively. Or maybe [1:04:53] commissioner. Well can. [1:04:56] >> make that motion. I'm sorry [1:04:58] what. I said maybe another [1:04:59] commissioner could make that [1:05:00] motion. [1:05:04] >> and we could see. He's not [1:05:07] going to he wants. No I I I [1:05:09] would say that I would I would [1:05:10] support a resolution approving [1:05:12] the the use permit but not the [1:05:14] the design review this evening. [1:05:14] But uh. [1:05:16] >> I don't know what the other [1:05:17] commissioners think about that. [1:05:17] Um. [1:05:20] >> and how that that follow up [1:05:20] design review should take [1:05:24] place. Order people's thoughts [1:05:27] on that. Or staff do you have [1:05:30] any further insight on. That if [1:05:32] I MAY recommend let's take the [1:05:35] first use uh use permit um [1:05:37] resolution first and or motion [1:05:40] and move through that and then [1:05:40] that's. Great and. [1:05:42] >> then make a motion on the on [1:05:44] the design aspect and see if [1:05:46] how the commission feels. Great [1:05:50] okay well. How about this let's [1:05:53] give this a try. Um I move [1:05:56] approval of um use permit I'm [1:05:58] sorry I don't have. 20 506. [1:06:02] >> thank you. Um uh uh. And [1:06:04] adoption of the resolution to [1:06:06] the extent that it approves uh, [1:06:08] that use permit with the [1:06:10] necessary findings. All right. [1:06:12] So we have a motion. Is that [1:06:13] sufficient for your staff and [1:06:15] nicole. And that would be a [1:06:17] motion to approve the use [1:06:18] permit component of the project [1:06:19] only. Okay. [1:06:20] >> and then do we have a. [1:06:24] Second I'll second that. So we [1:06:24] have. [1:06:26] >> a motion and a second um [1:06:30] nicole could you take the vote. [1:06:30] One moment. [1:06:40] >> [1:06:41] commissioner wolff. [1:06:44] >> I commissioner wall uh. [1:06:47] Commissioner sharpe. Uh. [1:06:50] >> commissioner laffins. I [1:06:54] commissioner bykerk kaufman. I [1:06:57] I. Thank you vice. Chair [1:07:02] scarpa. I chair. Scott I that. [1:07:09] Passes seven zero. And then um [1:07:11] how do we go about then getting [1:07:13] a resolution on on the the [1:07:14] design review I would propose [1:07:17] that we get it back before the [1:07:20] rhp. To um take a look at some [1:07:22] of the design details a [1:07:23] compliance with uh design [1:07:26] guidelines. Um, and. But I [1:07:27] don't know if we need a [1:07:28] separate resolution for that [1:07:30] now. Separate motion. Or [1:07:32] separate it. So can we do that [1:07:33] simply with uh with a motion [1:07:35] without a resolution then [1:07:35] correct. [1:07:36] >> because you're just [1:07:38] recommending for irb to review [1:07:40] with your edits if I MAY. So [1:07:43] then just a simple motion to um [1:07:48] .Um uh. What will we say refer [1:07:49] the the design review component [1:07:52] of this to the er hpb uh to [1:07:54] address compliance. Uh with the [1:07:57] design guidelines of the city. [1:07:58] . [1:08:01] >> um. Okay have that can you [1:08:03] give a few points of the notes [1:08:04] you made before. [1:08:05] >> so we can. Capture that. [1:08:06] >> in the motion? Sure. [1:08:09] >> I would say the I. [1:08:10] >> have stuck on. Appearance [1:08:10] but. [1:08:11] >> I think. [1:08:12] >> there's a nicer way to. [1:08:14] >> say that. I'm sorry I would. [1:08:16] Have stuck on appearance, but I [1:08:16] think. [1:08:17] >> there's a nicer way to say [1:08:18] that that material. Okay. [1:08:21] >> well, I have a a whole list [1:08:22] of design guidelines here. I [1:08:24] don't want to get into all of [1:08:25] them really. But um, maybe we [1:08:28] could talk about um. Uh. [1:08:30] >> using appropriate massing, [1:08:31] fenestration articulation [1:08:33] materials and buffering to [1:08:34] provide a pedestrian level [1:08:35] scale perhaps in particular [1:08:37] with regard to the height of [1:08:41] the uh the canopy um design [1:08:44] guideline 1.5.1 to subdue and [1:08:45] we'll integrate exterior [1:08:46] lighting into the overall [1:08:49] landscape plan um design [1:08:51] guideline 1.2.3 to use building [1:08:53] materials that reinforce a [1:08:55] sense of permanence or place. [1:09:02] Um let's see here. Um and then [1:09:04] uh avoid mansard roofs is a [1:09:07] design guideline 2.2.26 avoid [1:09:09] mansard roofs or parapets which [1:09:11] appear stuck on or not [1:09:12] integrated to the roof. Etc. [1:09:16] Um. I and I think it's not to [1:09:18] necessarily limit it to to [1:09:20] those but those are the things [1:09:21] that I'm kind of picking up on [1:09:23] as the areas in which I think [1:09:25] just some really small changes [1:09:27] can make a big change in how [1:09:28] this project ends up looking at [1:09:30] I think and I I kind of [1:09:32] hesitate to do this stuff [1:09:33] because people don't think that [1:09:35] that design review is a big [1:09:37] deal but it really is and uh, [1:09:40] this is a um uh it's a actually [1:09:41] it's a gateway into this part [1:09:44] of town um, coming in on off of [1:09:47] uh 99 and uh, the city is [1:09:48] making a tremendous investment [1:09:51] in park avenue there and. [1:09:54] >> uh um. You know. Um, the um. [1:09:57] That whole part of the city is [1:09:58] getting a lot of attention from [1:09:59] the city and a lot of money [1:10:01] going into beautifying it. And [1:10:03] I think that, uh, this is an [1:10:05] opportunity to. To to, you [1:10:06] know, make sure that we're [1:10:07] really in compliance with our [1:10:09] design guidelines here and get [1:10:10] a a great project. I'm glad, [1:10:12] uh, that it's moving forward. I [1:10:13] think it's going to it's going [1:10:15] to end up being a real fine [1:10:16] addition but I think it just [1:10:17] needs a little more attention. [1:10:18] Okay. [1:10:20] >> the staff feel like they [1:10:22] have enough to go. Yes yes [1:10:23] okay. And to um share. [1:10:25] >> with the. Applicant as well. [1:10:25] Great. [1:10:28] >> okay. So uh the motion is [1:10:30] to. Um refer. [1:10:32] >> the. Architectural review to [1:10:33] the architectural. Review and. [1:10:34] >> historic preservation. Board [1:10:37] um with the key highlights. On [1:10:38] design guidelines um. Mentioned [1:10:38] by. [1:10:40] >> commissioner wolfe. So is [1:10:43] there a. Second to that motion? [1:10:44] I have a question. [1:10:46] >> I'm so sorry. You know, go [1:10:50] ahead. What determines. And I'm [1:10:52] sure it's in that big. Binder I [1:10:53] was given when I got on this [1:10:56] commission. But whether. A [1:10:57] project goes to the [1:10:59] architectural review board. Or [1:11:03] doesn't. Yeah. [1:11:06] >> so um, typically major new [1:11:07] construction projects that. [1:11:09] >> are located like on an. [1:11:10] Arterial roadway like such as [1:11:12] this. One would go but. Since [1:11:14] it was. Combined with the use. [1:11:15] permit which necessitated [1:11:17] coming to the planning [1:11:19] commission, we lumped both of [1:11:20] them together and brought them [1:11:21] here to you because. [1:11:22] >> there's. This commission can [1:11:25] have purview over both of those [1:11:30] items. It's we're intended to [1:11:31] streamline um. But and. [1:11:32] >> this but. [1:11:34] >> sometimes it we need a [1:11:39] little bit more right. So it [1:11:40] could have all been done in. [1:11:42] >> this one meeting. If we. [1:11:45] >> had the will to all if there [1:11:48] are a majority of us who say [1:11:50] the design as it is right now [1:11:51] so we have a motion we still [1:11:52] don't have a second. Um. [1:11:54] >> if there is a majority of [1:11:55] the planning commission who [1:11:57] says the design looks great, [1:11:59] let's move forward. Then that [1:12:02] would be passed tonight. If the [1:12:03] majority. Of the commission [1:12:07] says no, we want the design. To [1:12:09] go back then that would go to [1:12:10] the rhp and. [1:12:12] >> if I'm if I MAY MADAM Chair [1:12:14] just it's not um and to be [1:12:15] clear to everybody it's not a [1:12:17] matter of of just subjectively [1:12:18] saying oh I like that or I [1:12:20] don't like that it's a matter [1:12:22] of looking at it in the context [1:12:23] of uh the design guidelines [1:12:25] that the city has and why we [1:12:26] have them and then looking at [1:12:28] the findings that we need to [1:12:29] make to take that action by by [1:12:30] approving it we're saying yeah, [1:12:32] we we believe it it dances the [1:12:33] design guidelines. It's it. [1:12:34] >> makes. Perfect sense. I [1:12:35] agree. With everything you're [1:12:38] saying. I guess I just. Um [1:12:40] questioning or. Wondering if [1:12:42] this could have all. Been [1:12:44] achieved and talked about. [1:12:45] Tonight so. That it doesn't. [1:12:47] have to go to the architectural [1:12:49] review board. But I guess the [1:12:51] way the process goes it does [1:12:53] have to and that way they could [1:12:56] be done. And I think that this [1:12:57] is the kind of project and I [1:12:59] think it's been handled [1:13:01] correctly. Yeah ideally that [1:13:02] would be happening here right [1:13:05] now. Um uh and I would. I would [1:13:07] you know. Kind of prefer that [1:13:09] but I uh the thing is is that [1:13:11] um. Uh you. Know, I just [1:13:13] hesitate to as a panel try to [1:13:16] tweak a project and this and [1:13:17] that and then you end up. You [1:13:18] know. [1:13:19] >> it's just not that that [1:13:22] process gets gets very [1:13:23] cumbersome. So I think it's [1:13:25] better if we have a just break [1:13:26] it off, talk about it [1:13:26] separately and. [1:13:32] >> resolve it right. Okay. Do [1:13:34] we have a second. I'll second. [1:13:37] Okay so we have a motion and a [1:13:39] second uh. To uh. Refer the [1:13:41] design uh review. [1:13:43] >> to the architectural review. [1:13:43] Board. [1:13:50] >> um nicole. Commissioner [1:13:52] wolfe. I commissioner wall. [1:13:53] Right. [1:13:54] >> commissioner sharp. Yes. [1:13:55] >> yes. [1:13:58] >> commissioner laffins. Yes. [1:14:00] Commissioner bykerk kauffman. [1:14:01] Yes. [1:14:02] >> vice chair. [1:14:06] >> scarpa. Yes. Chair. Scott. [1:14:08] >> yes. So that passes. Seven [1:14:12] zero. Um all right. Thank you. [1:14:15] Happy birthday. Happiness. [1:14:18] >> would be. [1:14:20] >> better if. You got this. I [1:14:22] know. Yeah the use. Permit [1:14:27] though. That's the big one. [1:14:29] Okay. Uh, so we'll move to item [1:14:32] 5.1 regular agenda. Um, [1:14:33] garrett, do I turn this. [1:14:38] >> over. To. You to okay. So [1:14:40] this is a. Bit of an unusual [1:14:41] request that we don't get very [1:14:43] often. Um, but chico unified [1:14:45] school district is requesting a [1:14:47] finding of general plan [1:14:49] consistency for a new, um, [1:14:50] transitional kindergarten [1:14:52] through eighth grade blue oak [1:14:56] charter school located at 2485 [1:14:58] um apodaca place which is uh [1:15:00] tis right off in the bruce [1:15:03] road. The 2.47 acre site would [1:15:06] relocate the blue oak charter [1:15:07] school from the current [1:15:08] location at 450 west east [1:15:11] avenue and is expected to serve [1:15:14] up to 3300 students. The site [1:15:16] was previously planned for [1:15:17] residential, commercial and [1:15:19] parking under the miriam park [1:15:22] master plan um the proposal [1:15:25] would instead use the 2.47 [1:15:26] acres for the proposed school [1:15:28] or the new school and the [1:15:30] adjacent 5.2 acre park that's [1:15:32] adjacent to the site will still [1:15:33] um remains unchanged and will. [1:15:36] Still be in place. So state law [1:15:38] requires that local land use [1:15:40] agency's planning commission [1:15:41] transmit a letter determining [1:15:43] that the school is consistent [1:15:44] with the agency's adopted [1:15:46] general plan or any other [1:15:47] applicable comprehensive [1:15:50] planning documents. Normally [1:15:52] this letter would be completed [1:15:53] prior to the district's [1:15:55] acquisition of the property. [1:15:57] However, in this case the [1:15:59] district has already purchased [1:16:00] the property and is moving [1:16:02] forward with construction of [1:16:03] the school site. In my [1:16:05] conversation with the district [1:16:06] representative, it was [1:16:08] indicated that the california [1:16:09] department of education still [1:16:11] requires this consistency [1:16:13] letter prior to them operating [1:16:16] in to review the location of of [1:16:17] the proposed school is [1:16:20] supported on this side of the [1:16:21] city and would help address [1:16:22] increasing enrollment and [1:16:25] growth in east chico, including [1:16:26] development around marion park. [1:16:28] The general plan supports the [1:16:31] location of schools in new [1:16:32] neighborhoods with incompatible [1:16:33] land uses and planned [1:16:35] circulation infrastructure. [1:16:38] Staff is recommending that, uh [1:16:40] this commission pass a motion [1:16:41] directing staff to transmit a [1:16:43] letter on behalf of the [1:16:45] commission to the chico unified [1:16:47] school district summarizing the [1:16:48] consistency analysis analysis [1:16:49] that was. Provided in. [1:16:52] >> the staff report. Um, I'm [1:16:53] available for any questions. [1:16:57] >> thank you. Um, I don't mean [1:16:59] this to sound snarky but I just [1:17:01] wonder why does the state [1:17:03] recognize our authority when it [1:17:04] comes to the general plan but [1:17:08] not. Design guidelines? Do we [1:17:11] know because there is there a [1:17:13] philosophy there. I do not have [1:17:13] a. [1:17:14] >> philosophy on. Okay [1:17:17] operations. Okay. [1:17:21] >> um is there um motion to [1:17:23] direct staff to transmit a [1:17:25] letter to chico unified school [1:17:26] district stating that the [1:17:27] proposed. School site is. [1:17:28] Consistent with the chico [1:17:30] general. Plan so moved. All [1:17:31] right. And do we have a second. [1:17:34] Second can we have. A motion by [1:17:36] commissioner wolf, a second by. [1:17:37] Commissioner wahl and. [1:17:43] >> a vote please nicole. Excuse [1:17:45] me chair yes. Forgive me. [1:17:46] Procedurally you still have to [1:17:47] open it up to public comment. [1:17:49] Oh, sorry. Um, is there any [1:17:52] public comment? Okay. [1:17:53] >> seeing none and no one in [1:17:55] the audience uh, we will close [1:17:59] the public hearing redo. Yes, [1:18:01] we have a motion and a second. [1:18:03] So moved. Thank you. Uh. And [1:18:03] nicole. [1:18:05] >> commissioner wolff. Uh. [1:18:07] >> commissioner wall. [1:18:07] >> uh. [1:18:10] >> commissioner sharpe. Yes. [1:18:11] Commissioner laffins. Yes. [1:18:13] >> commissioner bykerk kaufman. [1:18:13] Yes. [1:18:16] >> vice chair. Scarpa. Yes. [1:18:17] Chair. Scott. [1:18:20] >> yes. That passes seven zero. [1:18:23] >> you guys. There are 709. [1:18:23] Okay. [1:18:27] >> so exciting. Um, reports and [1:18:28] communications. I have reports [1:18:30] and communications for the [1:18:32] commission. So, uh, just a [1:18:34] heads up, we have two uh, media [1:18:35] items coming before the [1:18:37] commission here. Um, the first [1:18:39] one we have tentatively [1:18:40] tentatively scheduled for [1:18:42] SEPTEMBER 17th and the other [1:18:44] for OCTOBER 1st. Uh, the first [1:18:46] one would be our residential [1:18:47] readiness phase three which. [1:18:49] Consists of. Um a host of uh [1:18:51] code amendments and general [1:18:54] plan amendments and then the [1:18:54] um. The other. [1:18:57] >> one on OCTOBER 1st um [1:18:57] tentatively is the barbara. [1:18:59] Yard specific plan. So nicole [1:19:01] will be reaching out to you, [1:19:05] um, for um. Attendance and. It [1:19:07] is much appreciated when you do [1:19:08] reply just to make sure that we [1:19:09] have a quorum for these [1:19:11] meetings and as always um. We [1:19:12] do appreciate your service. [1:19:14] >> on this commission. Great. [1:19:17] >> thank you. And we will move [1:19:19] to adjournment. So uh no no [1:19:22] meeting on SEPTEMBER 3rd. No no [1:19:24] okay. Thank you. [1:19:34] >> [1:24:46] and then. [1:24:56] >> [1:26:11] uh. [1:26:21] >> [1:26:26] um. [1:26:36] >> [1:27:13] uh for. [1:27:22] Any. [1:27:32] >> [1:31:39] uh. [1:31:53] Any. [1:32:04] >> [1:32:21] um um. [1:32:35] >> na na na na na na na na na [1:32:57] lead on. In. Um. [1:33:41] Okay. [1:34:17] Come back. Okay. And and. Uh. [1:34:43] Come back. To. I could make. [1:35:01] I could make. Could come and. [1:35:26] Be. Like. Come back. And. [1:36:04] Uh oh. [1:36:34] Uh. [1:36:44] >> [1:40:28] we. [1:40:38] >> [1:42:31] MAY. [1:42:41] >> [1:43:04] be. [1:43:21] >> here. [1:43:49] You. [1:43:59] >> [1:48:27] see? [1:48:44] >> she she she's. [1:49:09] Even. Easy. [1:49:22] You. [1:49:32] >> [1:50:12] you you you. [1:50:13] Do. [1:50:23] >> [1:50:40] you. [1:51:24] MISS. [1:51:34] >> [1:51:52] me? [1:52:02] >> [1:53:24] you. [1:53:35] >> [1:54:36] me? [1:54:46] >> [1:55:03] i I [1:55:27] .I I. 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