Davis Planning Commission Meeting - October 9, 2024

The Planning Commission met at 7:00 p.m. on Wednesday, October 9, 2024, in Community Chambers, 23 Russell Boulevard, Davis, California. Commissioner Alan Bennett was absent; alternate Commissioner Catherine Brinkley voted in his place. The meeting was adjourned at 8:46 p.m. The commission considered two public hearings: an appeal of a zoning use determination for a veterinary surgery practice at 305 Mace Boulevard and a conditional use permit/design review for a Chipotle restaurant with a pickup lane at 4823 Chiles Road.

Call to Order, Agenda Approval, and Announcements

• The agenda was approved by motion and second.
• Council liaison Donna Neville had no comments.
• Commissioner Vince McLaughlin reminded the community of the Zombie Bike Ride and parade on Sunday, October 27, 2024, a free event benefiting NORCAL Trikers.
• Principal Planner Dara Dungworth provided project updates: 500 G Street lumber yard drawings are in plan check; 240 G Street construction drawings are expected soon; the Trader Joe's facade at the Davis Collection is complete; Palomino's final supplemental EIR is being finalized; Village Farms' administrative draft EIR is expected to be released for a 45-day public review on January 7, 2025; and the Shriners draft EIR is expected early next year.

Public Comments & Testimony

• Hiram Jackson, a school board member speaking in support of Measure T, urged commissioners and residents to vote yes on Measure T on the November 5, 2024 ballot. He described it as a library parcel tax funding operations of the second library in South Davis at Walnut Park, requiring a two-thirds vote (66.6%) to pass. He said it would be a $49 annual assessment for individual homes and $24.50 for multi-unit dwellings, and that failure could reduce services at the Mary Stevens branch.
• During the veterinary surgery hearing, Jay Vinson, co-founder of Symmetry Laser, a tenant at 305 Mace Boulevard, opposed a change of use. He said Symmetry Laser moved into the building in December 2021, currently has 20 employees, and plans to expand to about 35. He was concerned that a veterinary surgical center would create poor optics for his medical device manufacturing clients and could cause his business to lose revenue. He disputed earlier statements that the space had been vacant for five years.
• Eileen Sametz, former planning commissioner and retired clinical microbiologist from UC Davis, supported the veterinary center. She said UC Davis' veterinary hospital has long wait times, local vets cannot perform these specialized surgeries, and the center would complement existing services and keep expertise in Davis.
• Sharon Montooth, former Yolo County SPCA employee and volunteer, strongly supported the veterinary center, describing her own difficulty finding timely surgical care for a dog with a spinal injury and the need for more veterinary options in Davis.
• No public speakers testified on the Chipotle item.

Discussion Item: 305 Mace Boulevard - Appeal of Veterinary Surgery Use Determination

• The applicant, Dr. Kelly Mayhew, owner of Peak Veterinary Surgery, requested the appeal be granted. With her husband, Dr. Philip Mayhew, a UC Davis veterinary surgery professor, she proposed a specialty small-animal surgical practice occupying about 4,800 square feet in an existing 16,200-square-foot building (the applicant's oral testimony referenced about 4,900 square feet). The proposal included overnight post-surgical patient care, plans for 20 or more employees within five years, and tax revenue for the city.
• Staff Senior Planner Eric Lee said staff determined the use was not permitted in PD 5-18, whose base zoning is Industrial Administration and Research. Staff took a conservative interpretation because veterinary office is not listed in that district, even though it is allowed in other zones. Staff recommended denying the appeal.
• During clarifying questions, staff acknowledged that a small-animal surgery center could reasonably be interpreted as a medical office and that Economic Development Director Katie Yancey did not necessarily concur with staff's initial determination. Staff also explained the appeal process was chosen as a faster path than a zoning interpretation request.
• Dr. Philip Mayhew clarified that the practice would be a low-volume specialty surgery center, not a general practice or emergency service, with no experimental research and no immediate UC Davis affiliation or student training program. On-site laboratory work would be routine blood analysis, and administrative offices would be at the site.
• Jay Vinson's business concerns and the vacancy timeline were discussed; the applicant responded that the building's entrances are at opposite ends and that the practice would be low-volume and a good neighbor.
• Commission discussion emphasized that the general plan designation allows professional and medical offices, that veterinarians hold professional degrees, that the use is compatible with adjacent businesses, and that the space has been vacant for years. Chairman Greg Rowe made a motion to uphold the appeal and direct staff to prepare a resolution approving appeal #01-24 and allowing the proposed veterinary use. Commissioner McLaughlin added findings, including that the facility qualifies as a medical/professional office, will not impair adjacent uses, and is categorically exempt from CEQA.
• The motion passed unanimously.

Discussion Item: 4823 Chiles Road - Chipotle Restaurant Pick-Up Lane

• The applicant sought to demolish the former Cindy's restaurant building, constructed in 1973 and 51 years old, and construct a 2,334-square-foot Chipotle quick-service restaurant with a pickup lane, site paving, landscaping, EV charging stalls, lighting, and a new trash enclosure. The project required Conditional Use Permit (CUP) #1-24, Design Review (DR) #05-24, and Demolition #03-24.
• Staff Principal Planner Dara Dungworth said the restaurant use is conditionally allowed in the Commercial Mixed Use zone. The Historic Resources Management Commission reviewed the demolition at its September 16, 2024 meeting and found the building not historically eligible, so no Planning Commission action was needed on demolition.
• The proposed 'Chipotlane' pickup lane has no menu board; orders are placed through Chipotle's app or website. A study peer-reviewed to the satisfaction of the city traffic engineer found average pickup-lane service time would drop from over six minutes to about 2.5 minutes, with queues of four or fewer cars about 98% of the time.
• Staff recommended approval of the CUP and design review, with CEQA exemptions under sections 15302(B), 15303, and 15332. City Traffic Engineer Ryan Chapman said the project would not create significant circulation or traffic issues on Chiles Road.
• In discussion, commissioners asked about outdoor seating, tree preservation, bicycle access, and freeway signage. Commissioner Georgina Valencia requested conditions to protect three existing healthy trees on the site and to add a permanent shade structure to the outdoor eating area, with materials matching the restaurant.
• Some commissioners expressed frustration that the historic review and entitlement process delayed the project. The commission approved the CUP and design review with the added conditions. The vote was unanimous.

Upcoming Meeting Dates and Referrals

• Staff announced the October 23, 2024 meeting will not be held; the zoning ordinance omnibus will be brought to the November 13, 2024 meeting. November 27 and December 25 meetings are expected to be canceled due to holidays, and no items were scheduled for December 11 or January 8/22.
• Commissioner Catherine Brinkley asked staff to agendize two future items: considering funding for planning staff to attend the American Planning Association conference, and a discussion of a housing element recommendation to explore ending single-family zoning citywide.
• Staff confirmed the veterinary appeal resolution could be prepared administratively and would not require another commission meeting.

Key Outcomes

• The Planning Commission voted unanimously to grant appeal #01-24 at 305 Mace Boulevard, overruling the Community Development Director's denial, and directed staff to prepare a resolution allowing the proposed veterinary surgical use.
• The Planning Commission approved PA #24-24, CUP #1-24, and DR #05-24 for the Chipotle restaurant and pickup lane at 4823 Chiles Road, subject to conditions protecting existing trees and adding a permanent shade structure to outdoor seating.
• The commission referred future agenda items on planning staff conference funding and a conversation about single-family zoning.