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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Davis Planning Commission Meeting: Outdoor Dining Code Amendments, Project Updates, and Calendar – September 25, 2024

City Council & Planning Commission — Wednesday, September 25, 2024

BodyDavis, California

SessionCity Council & Planning Commission

DateWednesday, September 25, 2024

StatusFILED

Video Record

0:00 / 1:18:39

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:12

And um let the record reflect we have everybody here except for our alternate commissioner.

0:19

Do we have we heard from Catherine?

0:22

Okay, but we have a quorum.

0:25

So may I have a motion to approve the agenda?

0:30

So moved.

0:32

Any objections.

0:34

The agenda is approved.

0:37

Brief announcements from staff commissioners and council liaisons.

0:41

Does Councilmember Neville have any announcements?

0:45

Um thank you, and good evening, Commissioners.

0:47

Um I don't have anything, and I think Dara probably has all the updates, so thank you.

0:51

Okay.

0:53

Dara, do you have anything?

0:55

I do have a few project updates.

0:57

Thank you, Chair, Darrell Dunworth, Principal Planner.

1:00

A couple of things to update you on in the downtown specific plan area.

1:06

We've had a couple of um form-based code um staff level approvals.

1:12

Uh 413 E Street, the apartment building, and the lifestyle hotel expansion are both approved and through the appeal period.

1:20

So they are teeing up, hopefully, for construction drawings here forthwith.

1:26

Um staying in the downtown.

1:28

Um, as you know, we brought the form-based code back to you all a few weeks ago.

1:34

Um, and one of your directions was to do more outreach to the downtown property owners, and we have um begun doing that.

1:43

We did a presentation last week, the week before last.

1:46

It's going kind of on the 12th.

1:48

Thank you, Katie.

1:49

Um, did a presentation to the downtown business association to their board meeting.

1:55

Um, so we we had some direct feedback from them at that occasion, and then we are looking at how to structure some additional noticing, uh, more sort of informational noticing in conjunction with the legal noticing and doing a mail out to all of the property owners in the downtown specific plan area.

2:16

That would go out a little bit in advance of the legally required notice, which is the eighth page ad in the paper.

2:23

So we're looking at crafting that right now and getting that out.

2:27

So taking time to do that outreach, we've moved um the council dates to take the form-based code forward um to council in November.

2:37

So moving to the periphery, uh, Shriners continues to be on track, and we're working through um comments again on the NOP and dialing in some last details, and then our consultant will begin drafting that document, the um EIR for that project.

2:59

For village farms, um, we have a little ground to make up, but they are in a similar position.

3:04

We're we're working through some of the last details, and their um draft EIR will be coming to the city in the next few months.

3:14

And I have some some scheduling related to village farms, but I think I'll hold that till we do the calendar at the end at at your pleasure, if that's all right with you.

3:23

Um so then um, as you know, we had Palomino here before you last week for the comment collection meeting if you want to call it that.

3:34

And um the comment period did close on the admin draft admin supplemental draft EIR.

3:41

Um it closed Monday, so we're collecting there's been a few straggler comments.

3:45

We're collecting those, getting those to Raney and getting those out to the applicant, and we're strategizing on how to respond to comments, and so that work is happening.

3:55

Um, and again, have some scheduling notes on that um later in the meeting.

3:59

So that's that's what I have for now.

4:01

Thank you very much.

4:04

Do we have any brief announcements from any commissioners?

4:08

Not seeing any.

4:10

We will go to item number four public comment.

4:13

Victor, are there any recorded comments?

4:16

None recorded.

4:17

No recorded comments.

4:20

Any in-person comments?

4:22

Please proceed to the podium.

4:26

Good evening, Alan Hirsch, the Davis Lorax.

4:30

Um I'll speak again, even though I know the chair does not appreciate trees and parking lots in the community.

4:36

Um the Oakshade Mall.

4:38

We had the approval.

4:40

And during the approval process, um, it's an upzoning.

4:44

So when you do up zoning, that's a voluntary thing.

4:46

And one of the things we need in this community is third spaces, places where people can get together and talk, not homes, not businesses, the third spaces.

4:55

And we don't have enough of those, especially in our downtown areas.

5:00

So when we do these voluntary upgrades, these zoning upgrades, we should do a quid pro quo with the developer that require them to put coffee shops in every shopping mall in our city.

5:09

We didn't do that with Target, and they put a target, they put a Starbucks in there and they took out the chair.

5:14

So there's no third space of the target mall.

Discussion Breakdown — Share of Meeting

Mobile Food Vending███████████████████████████████31%

Outdoor Dining████████████12%

Public Parks█████████9%

Public Engagement███████7%

Procedural██████6%

Public Safety█████5%

Zoning Regulation█████5%

Public Comment████4%

Transportation Safety████4%

Summary of Proceedings

Davis Planning Commission Meeting: Outdoor Dining Code Amendments, Project Updates, and Calendar – September 25, 2024

The Davis Planning Commission met on September 25, 2024, with a quorum present and the alternate commissioner absent. The commission approved the agenda, heard staff and council liaison updates, received one general public comment, approved the consent calendar, held a public hearing on proposed outdoor dining code changes, voted to recommend those changes to the City Council, and reviewed upcoming planning items. This summary is based on the meeting transcript.

Staff and Liaison Announcements

Councilmember Neville had no announcements.
Principal Planner Dunworth reported that staff-level form-based code approvals for the 413 E Street apartment building and the lifestyle hotel expansion are through the appeal period and are expected to move toward construction drawings.
Outreach on the downtown form-based code is underway, including a presentation to the Downtown Davis Business Association board, and additional informational noticing and a mailer to downtown property owners are being prepared; council consideration has been moved to November.
Shriners remains on track; work continues on NOP comments and commencement of EIR drafting. Village Farms is in a similar position, with a draft EIR expected within the next few months.
The Palomino Place comment period on the administrative draft supplemental EIR closed on Monday; comments are being compiled and transmitted to the applicant.

Consent Calendar

A motion to approve the consent calendar passed unanimously. The chair noted that the June 26 meeting minutes contained minor typos—including "objection design standards" instead of "objective design standards"—to be corrected before transmittal to the council.

Public Comments & Testimony

Alan Hirsch, the "Davis Lorax," spoke generally. He urged the city to require third spaces such as coffee shops as a quid pro quo when developers receive voluntary upzonings, citing the Oakshade Mall/Target area. He said staff failed to pick up tree-care violations at Oakshade Mall, alleged that gas stations are illegally topping trees, and asked for enforcement of the tree code. He also said the street serving Bretton Woods is too wide and violates city street standards, questioned placement of low-income/family housing next to the freeway near Drummond and Research Park Drive, criticized the use of industrial land for housing, and called on the mayor as head of YOLO to push Caltrans for a sound wall.
There were no public comments during the outdoor dining public hearing.

Discussion Items

Outdoor Dining Code Update

Economic Development Director Yancey presented proposed amendments to Chapter 40 of the municipal code. She said the amendments would add a clarified definition of "civic space," add a definition of "parklet," codify a public realm diagram with zones A–D, create a formal outdoor dining program using revocable license agreements, and make explicit that the city manager executes those agreements. Zone B would remain a minimum five-foot clear, ADA-accessible sidewalk zone where outdoor dining would not be allowed.
The outdoor dining program is already in early operation through an interest form launched August 15, with no cost and no deadline. Draft application materials were shared September 13 with the Downtown Davis Business Association, the Vanguard, three businesses that had already submitted interest forms, and 40 other interested individuals. Application fees include a $3,500 deposit cited for complex new construction such as Burgers and Brew. Furnishing standards are being drafted as objective design standards covering durability, fire/life safety, maintenance, and ABC/alcohol compliance.
Commissioners asked about permits, deposits, revocable license terms, liability and indemnification, pest/rat concerns, maintenance, ABC rules, lighting, materials, transferability of improvements, process fairness, traffic flow, and whether food trucks or pop-up vendors would be covered. Staff said food trucks and sidewalk vendors are not covered now and may be addressed later; existing businesses must convert to the revocable license program by July 1, 2026; revocable licenses can be revoked by the city with or without cause upon notice; and the city generally has no performance obligations except for city-provided elements such as G Street civic lighting.
Commissioners expressed broad support. Commissioner Brinkley said the proposal advances the city's food and economic development plan and praised the goal of a more walkable, hospitable downtown. Commissioner Wise called it a great step forward, with a joking reference to Ratatouille. The chair reported that the DDBA executive director was complimentary about the predictability and consistency the program would bring.

Long-Range Calendar and Project Schedule

Upcoming items include an October 9, 2024 zoning interpretation appeal for a specialty veterinary surgery use in a zone that does not allow veterinary uses; the anticipated Chipotle project is ready to come forward after HRMC review; possible omnibus zoning ordinance amendments on October 23; a November 13 "retail fix" zoning ordinance amendment for planned developments and shopping centers; no urgent special meeting on November 27; and no second December meeting due to Christmas.
Village Farms Davis draft EIR public comment meeting is scheduled for February 12, 2025. Planning commission review and action are expected in May 2025, with council action needed by July 2025 to make the November 2025 ballot. Palomino Place may return in early 2025.

Key Outcomes

Agenda approved unanimously.
Consent calendar approved unanimously, with corrections to the June 26 minutes.
The commission voted unanimously to recommend that the City Council introduce an ordinance "substantially in the form attached" implementing the outdoor dining program, civic space and parklet definitions, and related code changes, with the minor General Plan goal typo corrected.
Targeted council dates are first reading on the 15th and second reading on the 12th, with implementation by mid-December; application fees will also go to the council on the 15th.
Existing outdoor dining businesses must move into the new revocable license structure by July 1, 2026.
Staff will continue form-based code outreach and will bring future items to the commission as scheduled.

Meeting Transcript

And um let the record reflect we have everybody here except for our alternate commissioner. Do we have we heard from Catherine? Okay, but we have a quorum. So may I have a motion to approve the agenda? So moved. Any objections. The agenda is approved. Brief announcements from staff commissioners and council liaisons. Does Councilmember Neville have any announcements? Um thank you, and good evening, Commissioners. Um I don't have anything, and I think Dara probably has all the updates, so thank you. Okay. Dara, do you have anything? I do have a few project updates. Thank you, Chair, Darrell Dunworth, Principal Planner. A couple of things to update you on in the downtown specific plan area. We've had a couple of um form-based code um staff level approvals. Uh 413 E Street, the apartment building, and the lifestyle hotel expansion are both approved and through the appeal period. So they are teeing up, hopefully, for construction drawings here forthwith. Um staying in the downtown. Um, as you know, we brought the form-based code back to you all a few weeks ago. Um, and one of your directions was to do more outreach to the downtown property owners, and we have um begun doing that. We did a presentation last week, the week before last. It's going kind of on the 12th. Thank you, Katie. Um, did a presentation to the downtown business association to their board meeting. Um, so we we had some direct feedback from them at that occasion, and then we are looking at how to structure some additional noticing, uh, more sort of informational noticing in conjunction with the legal noticing and doing a mail out to all of the property owners in the downtown specific plan area. That would go out a little bit in advance of the legally required notice, which is the eighth page ad in the paper. So we're looking at crafting that right now and getting that out. So taking time to do that outreach, we've moved um the council dates to take the form-based code forward um to council in November. So moving to the periphery, uh, Shriners continues to be on track, and we're working through um comments again on the NOP and dialing in some last details, and then our consultant will begin drafting that document, the um EIR for that project. For village farms, um, we have a little ground to make up, but they are in a similar position. We're we're working through some of the last details, and their um draft EIR will be coming to the city in the next few months. And I have some some scheduling related to village farms, but I think I'll hold that till we do the calendar at the end at at your pleasure, if that's all right with you. Um so then um, as you know, we had Palomino here before you last week for the comment collection meeting if you want to call it that. And um the comment period did close on the admin draft admin supplemental draft EIR. Um it closed Monday, so we're collecting there's been a few straggler comments. We're collecting those, getting those to Raney and getting those out to the applicant, and we're strategizing on how to respond to comments, and so that work is happening. Um, and again, have some scheduling notes on that um later in the meeting. So that's that's what I have for now. Thank you very much. Do we have any brief announcements from any commissioners? Not seeing any. We will go to item number four public comment. Victor, are there any recorded comments? None recorded. No recorded comments. Any in-person comments? Please proceed to the podium. Good evening, Alan Hirsch, the Davis Lorax.

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