Good evening and welcome to the October 8th planning commission meeting. Will the Secretary please take the role?
Yes, Commissioner Anderson. Here. Commissioner Moran. Here. Commissioner Cown. Here. Commissioner Strongman. Here. Commissioner Kwok. Here. Vice Chair Cloth. Here. And Chair Needing. Here.
We actually do have items on the consent calendar, but would the Commission Secretary like to also change the consent calendar?
Yes, I am recommending that item for a the EB mud maintenance facility upgrades in site improvements
We move to the consent calendar being that it is a extension request
Do you need a motion for that? I make a motion that we move that to the consent calendar
Okay, so I was gonna ask if any of the commissioners have any problems with that, but I'm seeing none so great
So now we can take a vote on the entire consent calendar which also includes the adoption of meeting minutes from September 24th
Unless someone wants to pull it but I didn't hear anything. So let's go. I
Move that we approve the consent calendar
second
Commissioner Anderson. Yes, Commissioner Moran. Yes, Commissioner count. Yes, Commissioner strongman. Yes, Commissioner Kwok. Yes
Vice chair claw
Yes, and chair needing. Yes now on to the public
So, thank you. If there's anyone out there for that
Item, maybe not. Oh
there you go
Okay, now there are two
There are two opportunities for the public to provide public comment
The first is during each item of the agenda as it pertains to the agenda
And there's also the opportunity right now for items that are not on the agenda
but in the purview of the Planning Commission.
So are there any, since we have a nice audience out there,
are there any comments that are not
on any of the agenda items?
Seeing none, I will go ahead and start item,
no, no, now we're item 4B,
which is Masses, Bar and Grill,
CUP application, Y-2653, location at 1411.
Oh, I'm so sorry.
Before we begin, I wanted to ask if there's been
any export to the communication.
None.
Okay.
Now, Mass's Bar and Grill Conditional Use Permit,
1411 Locust Street.
Can everybody hear me back there?
Yeah, all right.
Good evening, planning commissioners.
My name is Gerardo Victoria,
Associate Planner Community Development.
The project before you today is the Mass's Bar and Grill
Conditional Use Permit for the extension of alcohol hours
past 11 p.m. The project is located at 1411 Locus Street you see down here on
the aerial to approximately 3,500 square feet a restaurant in the downtown core
area surrounded by similar eating and drinking establishments and other
commercial uses. The general plan designation is pedestrian retail. The
zoning designation is pedestrian retail. Restaurant uses are permitted by right.
There's no additional parking required in the pedestrian retail zone and a
conditional use permit to serve alcohol past 11 p.m. at eating and drinking
establishments by approval of the Planning Commission. This is the current
business plan for Mass-A's. Excuse me. They operate a full-service restaurant
and bar under a type 47 alcohol business license. The proposed hours of
operations are 11 a.m. to 2 a.m. 7 days a week. Alcohol will be served in the
indoor dining area of the restaurant. That is what this conditional use permit
is for, just the indoor dining area. Any outdoor dining serving of alcohol will be
handled through the Engineering Public Works Department with an outdoor dining
permit. The security measures include all employees are trained in the RBS
service program. There will be an on-site manager responsible for the
overseeing of alcohol service. They will have indoor and outdoor security
cameras. Proposed alcohol hours are until 1 30 a.m. and a last call at 1 a.m. So
Massay's Bar and Grill went through a staff-level design review earlier in the
year. This is what they got approved for. This is the outdoor dining area that
Front's Locust Street. This is the floor area here. They did this is going to be
their new entrance right here on the side. Their old entrance to the building
was right here. They relocated it right here to the side as you see here in this
elevation drawing. This is the outdoor dining area and as you see here the
tables and the pool tables and the bar area. These are the standard conditional
use permits conditional use permit findings as outlined in the draft
resolution. There are additional findings for your consideration tonight. The first
one is that the proposed use will not cause an adverse noise, litter, crowd
control or parking impacts. Staff has made that finding that Mass A's is
committed to employee training through the RBS program, additional security
measures, and staff shall clean up every night as outlined in the
conditions of approval number 14. The proposed use will not create any
any objectable conditions that constitute a nuisance,
as outlined in the business plan,
Masses has a clear commitment to operating responsibly
with strict compliance with alcohol regulations
and onsite security,
and C, that the proposed use will otherwise be compatible
with the existing and potential uses within the general area.
This restaurant is compatible with the surrounding uses,
which includes several other restaurants in the area
have conditional use permits like Gibson's, stereo 41, and Aaliyah. And
finding D, that the proposed use is not located in a high crime area or where a
disproportionate number of police service calls occurs. So ABC has
identified this area as a high crime area in Walnut Creek, but according to
the Walnut Creek Police Department they have confirmed that this site
experiences relatively few calls for service and has not demonstrated a
disproportionate law enforcement issues so staff anticipates using the CEQA
exemption 15 301 for existing facilities and staff recommends the planning
Commission move to adopt a CEQA exemption for existing facilities and
approve the conditional use permit allowing alcohol sales service and
consumption for Massay's restaurant until 1 30 a.m. based on the findings
outlined in the amended draft resolution. So there is an amended draft resolution
that was laid out in front of you this afternoon. Three conditions, two
conditions were removed and one was updated. Staff is available for questions.
The applicant, Melissa Barrett, is also here available for questions. Perfect,
thank you so much. Do, does the Commission have any questions for staff? Oh, yes. We've had a number of
of CUPs of this sort with extended alcohol hours.
Typically, they'll be closing time and then half an hour
before they'll stop sales.
This is a little different in that you stop sales an hour
before closing and stop consumption
a half hour before closing.
And just from a practical standpoint,
and maybe this is for the applicant,
but what is the plan for, I mean, at 1.30,
Do they go and collect the unfinished drinks?
And was that kind of a practical way to deal with it?
Yeah, that's, I believe that's more
of an operational question for the applicant.
But yes, typically you're right.
When somebody asks for a conditional use permit
to extend alcohol, for example,
if they want it until 1.30,
that's when their restaurant would close.
They are proposing to close their restaurant until 2 a.m.
There's nothing wrong with that.
We have, we don't regulate the hours
restaurant can be open. We just regulate the sales, service, and consumption of
alcohol. Any other comments or questions? Oh yes.
Commissioner Moran. Thanks. Thank you, General. This particular spot has a bit of a
history, correct, I guess. And I wonder if you could just speak to that a little
bit. I know Massays has a very good, long-standing reputation in Walnut Creek.
But the previous tenants have maybe less so, and I just, I'm wondering if, you know,
not that I think Mass A's does a great job, but is it a function of this spot?
And could you just maybe speak to what happened before
and why we're maybe less concerned about this particular tenant?
So you're referring to the Redux Lounge and the Dia Inoche restaurant
that both had their alcohol licenses revoked.
The first one redux in 2016, I believe,
and then DA No Chain 2024.
It's operator-based.
I don't believe it's the area at all.
There's restaurants that are operating in that area.
They've operated in that area for years,
and they have no issues.
There are different conditions of approval.
Maybe we shouldn't have them,
but there are differences of conditions of approval
in an administrative use permit,
which allows alcohol service until 11
and a conditional use permit.
So just to give you an example, some of the same differences,
excuse me, some of the same things that you'll see
in both is RBS training.
Another thing that you'll see in both is
like the live entertainment only indoors.
But some of the differences with the CUP, I wrote them down here
because I'm not going to remember them, are like for this one,
there's a condition of approval number four
to record the daily counts of the occupancy.
there's interior and exterior cameras to have on on site there's also condition
of approval number 15 to clean up the area immediately after closing to
address one of the findings so I think in the past some of the conditions of
approval haven't been as strong but I think as some of these problem areas are
occurring. Some new conditions need to be introduced. Some of them, you know, can
lay by the wayside as they don't apply anymore, but I think the conditions as
outlined for this resolution address any staff concerns and any Walnut Creek PD
concerns that they might have had. And not to mention, Massays have been
operating in Walnut Creek for many years. They're a good operator. I think they were
up on I forget the exact address but on North Main Street so the way that they've
operated that site for the past five to ten years should be the way they're
operating this site. Thank you I got one more. I wonder if what I found
striking was that alcoholic beverage control considered this a high
crime area and I invite them to come on down on a Friday night and to see how
not high crime it actually is. I know that you don't control that but it's
just a strange thing to hear so I appreciate the fact that One Creek PD
pushed back on that. I don't really have a question other than I just kind of
want to make that public you know. I don't believe it's a high crime area and
it should probably be adjusted not that that's your job. But no right yeah so
just to answer that or I know you didn't ask a question but so ABC gets the
report from the Walnut Creek Police Department every year. They don't update
they don't update the area mid-year they wait till the end of the year to get the
full report and then they update high crime areas as you know as needed. This
is considered a high crime area not because of this location I'm not going
to name any other restaurants because that's I wouldn't want to do that but
But there's other restaurants that contribute to that,
to those labeled as high crime areas.
Yeah, strong when they count.
Could you discuss how,
what is the trigger to make it high crime?
Is there a number or?
I think anything above 20% on average for the area,
but that's just based on how I understand it to work.
I don't know if mainly understand it the same way.
Yeah, I couldn't give you an exact number. I do want to the terminology is high crime. Another way to think of it
too is calls for service. Sometimes the word crime we think like I
Don't know armed bank robbery
Which is not necessarily the case it could be it's very noisy and I'm gonna make a call for service
So I just want to throw that out there as well. So there's a percent number
Per time that obviously triggers this
Unfortunately, I don't know if there's a particular number, but I would imagine there's probably
a ratio that they're using.
I apologize, I don't have the calculation.
Okay.
Thank you.
Similar topic.
I do think it would be helpful for us as the planning commission to understand how ABC
comes up with that number and that label, especially because we are being asked to approve
so many of these downtown right now and we want to make sure I would like to make sure
that we are still maintaining safety in our downtown and given that we do have some history
in this particular location that we're not creating an unsafe situation especially if
there is a different business nearby that is currently creating issues so more details
on that I think would be really helpful.
But I did want to go back to the question of the hours of operation
because our original description had it from 9 a.m. and then
in the resolution I'm seeing it from 11 a.m. and then I also would
like clarity again as to the closing time
and why that's different than we've had in the past.
So I think Miss Barrett can answer that question.
But from what I remember, they wanted there was a discrepancy
because of the NFL is back on Sunday.
So they want that opening to open on Sundays at nine a.m.
and then stay open until two a.m.
So I guess I would ask then where in the resolution
do we did we write 9 a.m. because I'm seeing 11.
I wrote 11 a.m.
Yes, because that's when the restaurant opens.
They want to be able to open and have people come in and watch football.
Correct me if I'm wrong, but that could be amended if that's if that's necessary.
Yeah, yeah, I just want to make sure that what we approve in this resolution is going to meet that need.
And if somewhere we need to write the 9 a.m. piece just as regular hours of operation, that I want to make sure that's correct here.
Yeah. Should this body make after this public hearing and discussion, if you want to make a motion to approve the resolution,
you can include making an adjustment to the hours.
And then for the hours at the end,
normally we stop alcohol service one hour before closing,
half hour before closing.
But you said one hour.
Just to clarify, I think the question is not so much
when it closes.
It's a question of having service and consumption
ending at the same time.
I'm picturing a table of well-behaved people
ordering a picture of beer at 125.
And at 130, they come around to collect it.
And it's sort of like you're just tempting.
Right.
So the question is, is the actual closing at 130
or at 2 PM, right?
It's more stopping service sometime
before you stop consumption.
Right.
Otherwise, it's going to be hard to stop the consumption right
then.
Exactly, so I'm reading section one background number four ABC license type and proposed hours of operations as 11 a.m
To 130 daily and so I'm wondering if that's the alcohol hours for that's the alcohol
Business the restaurant is going to stay open until 2 a.m. To give that half an hour buffer
Okay, thank you
And we can definitely have because that when we're all done here, I was gonna call the applicant up
I think are we ready?
Thank you, Gerardo.
The applicant now has, if they would like, 15 minutes.
Hi, I'm Melissa Barrett.
This is the co-owner of my little brother, Eric Paden.
Just for some quick context, first of all,
thank you for hearing us tonight.
We're very excited that we got on the agenda.
I'm sure a couple of you do know this,
but this has been a long time in the works.
I stood here in 2012 with holding my 10-day-old newborn
because this is at that year, in April 2012,
was when the CUP concept came up.
So we're very well-versed on this whole situation.
There were six grandfathered in establishments
that could serve until 2 AM.
Those all still remain open.
None of those have had the situation come up
where your landlord sells your parcel of land.
So with that, in theory, the address changes,
and because of that, I get it.
Now we're sitting in front of you guys.
So we definitely didn't ask for that.
In 2012, we learned a lot about the new process,
the new restaurants coming in.
I could name them all.
I could tell you all their operations,
all the problems, all of these things
that we've noticed over the years.
So I do feel as a business owner
and with our parents opening this restaurant in 1994,
We're very well versed on how to navigate these situations, for sure.
I will also tell you I have a big bunch of sage that I'm going to burn in that building
before we open.
So your concerns were completely my – it was – we were very hesitant, and I do appreciate
your comment on the operations because while we've gotten to know our landlord, clearly
the operators that were renting those spaces before were not the same type of people that
we are at all.
So I can definitely vouch for, you know, our hold-heartedly love for the town and making
sure that we make the right decisions and we have the right restaurant.
And, you know, for us being able to serve until two for nine, or for how long since
I turned 32 years, was something that we just automatically did.
For last call, we'd usually call last call at 1.30, we'd give everyone 10 or 15 minutes
And by 145, everything was pulled.
ABC allows you to make up those rules
as long as there's no liquor open at 2 AM.
And I could stay open until 6 AM if I wanted to.
I don't know what anyone would do.
But the liquor cannot be open past 2.
So we're very well versed on making sure
that the staff knows and give heads up.
They let everyone know.
We have no problem removing the beer
that they have in drinking at 1.30.
That's just the way it is.
We aren't asking for two, obviously.
We don't need to, but those extra hours of being open
are very valuable to our business structure.
Economically, it's probably close to a quarter
of our annual sales, which then trickled down
on tips and payroll and sales tax
and all of these other components
that are really important to us.
Now we're finding a lot of families are coming out.
We were always family friendly.
We're not gonna kick out these teenagers
who want to come in and watch the Warriors playoff game
because it's 1045, and we have to pull everyone off.
So we definitely wanna bring a new component
to downtown Walnut Creek and have things to do
and make it more of a sociable atmosphere.
We are nowhere in any way, shape, or form a club.
Again, there will be so much sage burned in that place.
We want it to be part of our community.
We wanna have youth sports teams come in
and have their team meetings.
We have multiple parties booked already
for the month of December for John Muir Health,
De La Salle's high school reunion.
So we do pride ourselves on that.
And I know downtown, and we've been very observant
the last couple of months when we've
been working on the tenant improvements of the nightlife.
And we're making notes.
And we will have the proper security and the proper
training.
And I don't want to be in business
if it's not done correctly.
That's not fun.
Some people like that.
They want to live on the edge.
We're definitely much more rule followers.
And I think a lot of the community will speak for us.
So it will be different being downtown,
but we're completely prepared to handle it.
And we've done our due diligence to make sure
we can adjust to the changes.
I have no problem closing at 1130
if someone or the crowd is not participating in a kind manner.
It's not worth it to me.
So we're fully aware of how to navigate those things.
I don't know if I'm missing another question that had
came up.
But Eric can also kind of speak.
I was just wanting to make sure I got those questions.
How's it going?
Thanks for allowing us to be on the docket tonight.
My name's Eric Paden, part owners with my sister.
So we are a third generation bar owner.
Our parents opened in 1994.
We bought it February 1, 2013.
And at that time was when everything was going on,
we kind of took it to another level.
And we always had a big plan for that property.
As you guys know, back in the day, from 2017 to 2019,
we were in purchase agreement to buy one third of that
to make that our home forever.
And things fell through with the Amy Drive-thru and all of that.
So we've been in a standstill since then.
And it's changed hands a few times.
And we ended up at this location, which
we all know pretty well.
We know your concerns about their property, like she said.
We're trying to change your mind on it.
We have been a part of this city for a very long time.
now being downtown, we know what was there.
And I don't want to think bad about the people
that have ran it for the past decade, but we're not them.
If you saw the inside right now, you would,
if I were to blindfold you and take you there,
you wouldn't think you were in Walnut Creek.
It's more of an upscale sports bar billiard.
We're not trying to be a club.
We don't have that agenda anywhere in the near future
or far future.
We're just trying to operate the exact same way
that we did on 2721 North Main Street.
We are excited we've talked to neighbors,
and they're happy for our new location.
I believe some of them either emailed or sent something out
last night regarding their concerns.
They came down and spoke for other things and for us.
We do, like I said, know your concerns.
We're trying to bring another atmosphere to downtown.
There's great food.
There's great places to go before and after dinner,
but there's nothing to do game-wise.
We are a full sports bar, so that's why the 9 AM on Sunday
football, Sunday starts at 10.
We've had the Cleveland Browns fan base, which is funny,
come to Mass A's for the past 15 years, every Sunday.
It's one of our biggest fan bases.
Not a lot of people think about.
One of the guys texted me yesterday.
Are you going to be open?
When are you opening?
So those are the people that love
to come in in the morning.
Usually, we'll open at 11.
But just opening on that morning is just
to get people in there, get good seats,
and kind of figure out where they're
gonna sit for the games if you've ever done it you understand it and just have
something to do before dinner after dinner with families for events or your
guys's birthdays anniversaries a funny story right when we got the keys to the
place an older gentleman walked in and goes hey I have a question for you do
you have any tile or anything I can have from you guys and we were confused he
goes I met my wife right here when it was the refectory he's like we're still
married I said well when we open you can come in he came in about a month ago and
us the original photos of the refectory and then Abernathy's when it was there.
So we've already started this relationship with people that we had no idea about and we're just
trying to bring a new good environment and thrive with you guys as much as you guys probably want
to thrive with us trying to change your mind on that lovely site that has been a nice little
thorn in your side for a while and I promise it's not going to be us from our past.
Well, thank you.
Does anyone have any comments, questions, vice chair?
I just had a quick question.
Thank you guys for coming and for trying
to turn that ship around.
I think that's a great plan.
I had just a question about it was mentioned,
and maybe this is for staff, too.
There was a comment under the noise part of the agenda report
about dance permits.
And I couldn't quite follow if you are going to do dancing,
or you have to get a permit when you do dancing,
or you already got the permit to do dancing?
I just couldn't quite figure that all out.
That was part of the 2012 saga.
In 2012, when we started the CUP,
we also started a bar meeting quarterly.
It was every other month, and then it's gone quarterly.
And so each bar owner or restaurant owner
sends their general manager, or they show up themselves,
and they keep in communication with the police.
So every year, there was a dance permit
that was required to have back in the day,
and you would renew it every year.
And that has been since, and correct me if I'm wrong,
removed, the police department decided
that they didn't want to continue that.
We don't have any plans for having
like a weekly live entertainment.
Could there be a special event or a fundraiser
or a private event that buys out
and they want to bring in something?
Sure.
We definitely could do a special event here and there,
but it would not be on a consistent basis.
a lot of these things are seasonal.
Like the 9 a.m. situation with football,
that's only for the season of football.
So, no, I feel like my club days are over
and I do not need to engage in any sort of club scenario.
But, you know, if it did happen,
it wouldn't be on the regular.
Thank you.
When all of that happened, we did,
there was designated at Massay's,
we had a 12 by 12 foot dance floor.
We do not have a dance floor there at all.
There's no, it's more seating and pool tables and that,
but that was when the dance permits were a designated area,
and that, and I know that the other people before
has had a full dance area of where that whole thing is,
and that's now where our seating and pool tables are,
compared to where you're gonna shove 300 people
to have a DJ, that's gone, so.
Strongman.
Question, would you want us to amend the item 4
to allow you to be open at 9 a.m.?
Yes, that would be appreciated.
I think the way that that ended up coming about
is just because when you fill out the application,
it's very specific, and there's no room for different hours.
But yes, that would be appreciated.
OK, and a comment, it's not linkeling binding on you.
It's just my opinion.
I would hope that you spruce up the front of the place
to be a little different, better.
But there's nothing in this document for that.
It's just my personal opinion.
Yeah.
We had some unexpected, like every construction
zone, surprises thanks to not Walnut Creek,
but capital improvements through sanitation.
So our budget kind of shifted.
So we definitely painted it and got it spruced up.
But in a couple, when we got up and rolling,
I will make it look better.
Commission account.
Thank you.
I did notice that the conditional item number 12
of the conditions of approval does say the permitee shall
obtain a dance permit from the police department.
It's just before the collection of any fee or cover charge
for entry.
So it sounds like it's only in those instances
that you would need that as opposed to forever, annually.
So that's good.
And I just wanted to say thank you
for expressing your goals of your business
and all the plans that you have for this area.
It sounds like it's much more in line
with what we're looking for in our city, something
that is family friendly, and active, and safe.
So thank you for that.
Ms. Strongman.
Sorry, Anderson.
One of us.
Looking at here.
First of all, I want to say my daughter is thrilled
that you were on the agenda tonight.
It'll be even more thrill that you're trying to recreate
the same atmosphere as your old place.
I did want to just come back one more time
to the closing times and service issue.
At your previous location, you were open until two,
and you could serve until two.
And so presumably, there was what I was concerned about,
which was stopping service and consumption at the same time.
But you managed to handle that without any problems?
Correct.
Yeah.
I think 98% of bar owners know that you
would do last call prior to the cutoff time of when
they need to be.
Because no one wants, like you said to your effect,
having five grown men truck beers in three seconds.
So no, we navigate that pretty well.
We have a great staff,
more than half of our staff is returning.
We've been, a lot of them have worked for us
for more than 10, 15 years.
So they are well versed at manipulating the,
this is the last call, this is when I'm removing,
and this is when you're going home.
And honestly, closing earlier doesn't necessarily mean
that people are going to go home, as you know, obviously,
in the way that the city has staggered everything.
People just go somewhere else.
I actually think the 130 cut off is beneficial
because then people aren't rushing out
and they're not gonna make it to another bar
at that time, right,
because that last call's already happened.
So I think this is actually one of the safer options
and not having it go till two.
Okay, thank you.
Anybody else?
I, before I open up for the public speakers,
I enjoyed reading the,
There was just one letter that I write about a parent saying,
I was very concerned about my, it was just very nice to hear.
And congratulations on having a 14-year-old now.
Is that, did I catch that correctly?
And a senior.
And a senior.
A nine-year-old, all of them.
And a nine-year-old.
OK, so you've been serving Walnut Creek while also
being a mama.
Okay, pardon me, oh, thank you so much.
Thank you.
Are there any public speakers that have filled out cards or?
I don't have any speaker cards,
but if I'm looking out into the audience here,
if anyone wanted to speak on this item,
I just wanna give you a, okay.
Oh, I'm sorry, do you mind coming down?
I'm sorry, you gotta come up.
Sorry, we record it and they won't pick your voice up
from that far.
It's not public, don't worry,
it's not public speaking. If you don't mind
Just sharing your name with us.
My name is Saul Talarico.
I've been in the hospitality business
in Walnut Creek over 30 years.
I'm an part owner of four establishments downtown.
Back when I was, what I consider young in my early 20s,
I worked in Mass A's for their parents
when they first opened.
And the fact that they're going through
what they're going through
with the selling of the property is terrible.
But I think that what you guys spoke about earlier
in this location and what Gerardo kind of said
certain operators and I think really that is the situation and the fact they're
gonna be here operating downtown. I welcome and I hope more people that run
their business the way they do come downtown and look to do business in the
downtown area. Thank you. I don't think we have any more public comments so you do
have the opportunity if you wanted to rebut anything that has been said but I
I think everything was well said.
I will say side note, when we did a play
for the liquor license, and this might be something
to look into, is that this area is considered
a high density liquor license area,
which obviously any downtown area is,
so I believe they probably have an algorithm
when it comes to the area and the amount of restaurants
or bars there is, so that might be where the comment's
coming from as far as ABC and the safety.
So, I think Walnut Creek's crazy.
and just being where we were on the outskirts
and we've known, saw a bunch of other business owners,
I would say probably half a dozen business owners
that have been in Walnut Creek for more than 10 years,
either text or called us to say, this is awesome.
We're excited to have you downtown,
part of something bigger than being on the outskirts
of kind of where we were on Auto Center
or whatever everyone likes to call it.
We loved down there and it was kind of one of those
Where are we gonna go?
And we thought different places.
I know that a lot of people from the city of Walnut Creek
reached out to both of us and said,
hey, what do we have to do?
We found you locations.
Look at this one, look at this one.
So that was very heartwarming
and kind of got our blood flowing.
We obviously found this property going into,
as she said, of what we know about it.
And we have done, the building's been painted.
We have other things that we had to do to put plants
and make it more lively.
That is still gonna happen.
Putting the new front door
so you don't walk all the way down a little alley.
It's a beautiful new glass door.
There is all new lighting and all of that.
So we've kind of took what our vision was down there
and made it downtown, but also better
than we could have imagined at this point.
Perfect.
Thank you so much.
With that, I am going to close the public portion
of this agenda item and bring it back to the commission
for any questions, comments.
Yes, Commissioner Anderson.
I'd just like to, we've had, as you say, a number of these applications come up over
the last few years, and it's been very clear to me, at least, that the location has little
to do with the success of a well-behaved late night establishment, and it all has to do
with the management, and so I'm not concerned at all about this particular situation.
other I would entertain a motion as well I'd be happy to give you a motion Oh
perfect I'd like to move that we accept the conditional use permit application
number y 26 053 as amended for Massays Bar and Grill hours of operation for
alcohol sales service and consumption within the building including the
amendment that we change the hours in item 4 to 9 a.m. to 1 30 daily and just
that's to adopt the resolution the amendments are to the resolution yes
what you said second with a question it's an 130 p.m. or no actually a I'm
excuse me I'm sorry okay ready for a call a discussion one question though
just for staff I'm trying to figure out if that number for section one
background is related to just the alcohol hours of operation or the
business hours of operation because I'm wondering if the reason it said 11 a.m.
to 1 30 assuming a.m. was it was referring just to the alcohol hours
because we're not actually voting on their business hours here okay so in
that case we don't need to change it to 9 a.m. because the alcohol license is 11
to 1.30. Correct? You would need the 9 a.m. if they intend to serve alcohol at
9 a.m. on a Sunday or whatever day. So yes that's why the 9 a.m. to 1.30 a.m.
Okay I think what I was hearing was that the opening they would open at 9, close
at 2, but the alcohol service would be 11 a.m. to 1.30. No.
Memosas? So I'll say these are like special occasions. So like Sunday
football we open at nine which we do we do serve alcohol the liquor license I
think starts in California at 6 a.m. which is nowhere in our goal but 9 a.m.
but our kitchen is also open in the morning as well so it's not just the
bars open the kitchens full open for breakfast until you know 2 and then the
kitchen stays open until probably depending on the new hours till you know
11 at night so it's still a family business more restaurant and then that
closes and then we'll stay open to 130. Okay so the liquor license that you have
right now is 9 a.m. be able to serve from 9 a.m. to 1 30 p.m. and then we're just
matching that? Yeah so yeah I believe our liquor license we can open at 6 a.m. if
we wanted to. Okay yes we just we have no desire to get there. Okay all right we
missed the World Cup that was the only thing we were sad about and obviously we
know Steve and everyone did well so that was the only thing so yeah our goal is
unless there's a special occasion that, you know, a office wants to do an early
morning, you know, brunch on a Saturday, that would be, like my sister said,
one of the special occasions. But it's 9 a.m. food and all of that. What if the
Browns play in London? You know what's funny is they actually will call me and
say, hey, are you open or can you open early? Like, we don't need alcohol or food,
We just want to it's a camaraderie. It's it's like 40 of them, which is crazy
So, okay. Okay. So for the purposes of this conditional use permit alcohol use 9 a.m. To 1 30 a.m
And then your business hours still go to 2 a.m. Correct
Thank you any more discussion before we call the roll
Okay, so this roll call for the motion that's on the floor right now and that is Commissioner Anderson
Yes, Commissioner Moran. Yes, Commissioner count. Yes, Commissioner strongman. Yes, Commissioner clock. Yes, vice chair clock
Yes, and chair meeting. Yes, the motion passes
And welcome welcome back. I don't even know it is you never left
Okay, thank you for patiently waiting now we're on to item C another CUP for a
Tune am I saying that right?
Okay, Lux Spa
Application y26 7 3 at 1700 North Main Street, and I believe staff has a presentation
So good evening planning commissioners, my name is Gerardo Victoria associate planner community development
The project before you today is the attune Lux spa
conditional use permit at
1700 North Main Street
So this aerial the project
Okay, so on this area the project is located where this star is right here, this building.
It's the building right across the street where the kind body also operates out of.
The building is approximately 7,800 square feet, the existing vacant tenant space where
a tune lux is looking to move into is approximately 2,900 square feet.
They will be offering massage and, I have trouble pronouncing this word, s-the-t-tion
services. Good job. No additional parking is required due to AB 2097, they are
within a half mile of BART, although they do have eight parking stalls assigned to
their business. It is surrounded by a mix of commercial uses. There is a personal
service right to the north located in this mixed-use building here, a Phoenix
salon and there is multi-family, excuse me, and eating and drinking establishments located
in the area.
The general plan designation is office, the zoning designation is office commercial, and
personal service spa uses are permitted with approval of a conditional use permit.
So the business plan calls for the hours of operation from 8.30 a.m. to 8.00 p.m. Monday
through Sunday.
We will have two to three employees that are certified by the California Massage Therapy
Council.
The layout includes six massage rooms, skincare rooms, consultation room, integration room,
and a reception area.
So six treatment rooms.
It's by appointment only, and the services they offered, as I've mentioned in the previous
slide.
So this is the existing floor area.
North Main Street is located here and the entrance to this location is located here.
There are six offices currently right now.
The proposed floor plan will call for six treatment rooms, a reception area, a consultation
room and an integration room.
And as you can see this outline here, the attune lux is only located in this area of
the building where kind body is everywhere else.
These are the standard conditional use permit findings as outlined in the draft resolution.
There is one additional finding that needs to be made that the planning commission shall
find that the proposed use is located in a single-story core area building and shall
find that the proposed ground floor use is compatible with the existing character and
uses of the area.
Staff has made that determination that the ground floor use is consistent with the existing
commercial character of the area as their similar personal service uses operate on the
ground floor of the adjacent mixed use building. So staff moves to adopt a secret exemption for
existing facilities and to approve the conditional use permit based on the findings outlined in the
draft resolution to allow the attuned lux spa at 1700 North Main Street. Staff is available for
questions. The applicant, Mr. Rod Bacon, is also here available for any questions. Thank you. We're
We're getting really good at this CUPs.
Any comments, questions for staff?
Nope.
OK.
Thank you so much.
The applicant now has 15 minutes.
Hello.
My name is Rod Bacon.
This is my daughter, Hannah.
Hannah Condo Bacon.
Thank you.
And we, as of this month, September,
last month, September, have been a resident of Walnut Creek
for 30 years.
30 plus, 32.
OK.
it was right when Hannah was being born,
and so we've been here for 30 years,
and we're super excited, thank you for having us,
we're very excited about this project.
It's a passion project of ours,
including our business partner, Abby,
and the core concept is for,
well, when I started to look at,
when Abby, who does massage professionally,
and Hannah, who's a psychotherapist
in trauma-informed somatic work,
We looked at, where is there spaces
where people are combining mental health with physical health?
And when I started to look at the trends
across global luxury spas, that is one of the top new
requirements of spa-goers.
Like, I'm tired of just going to my therapist and saying,
you know, what's going on?
And they kind of do body work, or going to a nice body
experience and having issues come up.
So we started looking at this interesting integration.
So yes, we do a lot of spa, six rooms for deep, beautiful spa
treatments.
But you saw on there, there's kind of an integration room
and this kind of a meditation space.
So the idea is people can kind of bring all who they are
and say, well, what are you working on besides just
the tight shoulders and have these spa experiences?
We love the building.
It's got a long history in Walnut Creek.
It's been a meeting place.
Started off as an ice cream place for 35 years
and then a Greyhound station and then a bank.
And I've been to that building under Rock Ridge many times
in my living here for 30 years.
And so when we saw it, we just fell in love with it
and we saw it was available.
And we think it's a great use for that location.
Anything that you want to say about?
Yeah.
I just want to say that as my dad was speaking,
like professional mental health, mental health
is becoming so much more available.
And the integration of the physical health
is just going to allow residents of Walnut Creek
to have another safe space,
have another space to understand themselves,
to hopefully then promote friendship, kindness,
togetherness for the city of Walnut Creek as well.
We all know like the sweet hunky dory,
very woo woo style of like therapy and massage integration
and then the unattainable extreme high luxury spaces
of kind of body and mind.
And we're trying to fill the gap of accessibility,
integration and less barriers to these higher quality treatments for our
residents here as well. Important a part to and a point to make clear is because
HANA is licensed and therapy we are not doing therapy and we're very clear about
that licensure and the difference. So the idea is just to be able to do you know
body work but be consciously aware so like for instance HANA on our therapist
we'll have make sure that they are trauma informed because if you're doing body
work and an issue comes up you know how do you hold space for them or if we do
integration or intention setting you know somatic coaching that kind of
thing but she's really been driving all along we have to have really clear
barriers there's no diagnosis no actual therapy kind of work any questions thank
you so much are there any questions for the applicant it's a very thorough
business plan. When I read it I was like, well, all sorts of things. He even told us who the
neighbors were. Oh yes, Commissioner Callan. I was just thinking about if you do have the
license, is there a particular reason why not to provide that in this setting? The
actual diagnostic therapeutic work. Correct. It has a different requirement, a
different license requirement from a business perspective. Okay. And then we
don't want to, you know, we don't want to cross that line. So, but what's nice is
that because in Hana's community of working with therapists, etc., working
with somatic therapists, it's like so interesting, you know, you can go to a
somatic therapist, you're working with stuff, they say it's all about the body,
where it's stored in the body, but they don't touch, which is fine, right? That's
their job, and you go to a massage therapist, and maybe you're getting
working, and you have issues there. So the idea of being able to have a space
where when you want to create the life you want to create and you want to work
through the issues have people who are aware of when they're working the body
that they can kind of hold space for whether it's the emotional things are
coming up etc. So there's so many levels of it I mean we'll be doing having
what's called vibro acoustic lounges so you go in there and and there's all
kinds of science recently about vibrations with music and kind of guided
meditations and that'll be available before you go into your treatment center.
I mean your treatment work and then you come out of the treatment work beautiful
salt wall you know all those arches inside there each one of those arches
are going to be filled filled with Himalayan salt. It's going to be a
beautiful place you know LCA and they've been working with CINO family etc. and
and they introduced us to a team of AV experts that do immersive environments
They've done the Black Hawk Museum and another museum that they've been working on where
it's like you go in there and there's like birds and water or the lights change so we're
not going to be a museum but we're leveraging them to create an immersive healing environment.
It's going to be awesome.
I want to be a client.
I'm excited.
Okay if there's no other comments thank you so much.
We have our architect here if there's anything there.
I looked at the architecture.
They look great.
It was a beautiful building.
Yes, all the brick.
OK, are there any public speakers out there for this item?
I'm going to go ahead and close and bring it back
to the commission for any of you guys
are experts now at CUPs for businesses.
You can make the findings.
Any thoughts, comments?
Went from sports to spa.
Well, I just want to thank you guys for the work
that you did in presenting this and the time that you
took to talk to all your neighbors.
You mentioned that.
But I think it's really important
as part of the community for them
to know what's coming and give you input.
And so thank you for taking the time to do that.
Because you're a strongman.
Anderson.
I just want to say architecturally,
I'm just glad the building's staying.
You know, you see one of these things is empty for a bit,
and you go, you know, someone got big plans to take it down
and build something new, which might be nice.
But it's nice to have these things
that are recognizable and preserved.
So good.
And we love the building, too, right?
And I think that was one of the reasons
why they chose that space.
The only concern we had was there
There wasn't an entrance that show it was always meant to be the one tenant space, right?
So we were adding just a little bit of signage and a little bit of an awning so that we can
enhance it.
But we're trying to enhance it, not strip it, not change the beautiful architecture
is already there.
And seeing what the inside, if you've ever been inside that building, it's amazing to
tall ceilings, tall wood structure, and they're keeping all that in there as well.
Yes.
Commission account.
I'm so sorry.
It's okay.
Yeah, I just want to say thank you
for trying to create a healthy, wonderful space that's
accessible to more people.
I think that's really wonderful.
And if we're ready for a motion, have you?
I would entertain a motion.
OK.
So I move that we approve the conditional use permit
application Y26-073 for the occupation
of the vacant tenant space for personal service use,
Thun Lux Spa at 1700 North Main Street.
Second.
All right.
Commissioner Anderson?
Yes.
Commissioner Moran?
Yes.
Commissioner Cown?
Yes.
Commissioner Strongman?
Yes.
Commissioner Kwok?
Yes.
Vice-chair Kwok?
Yes.
And chair Needing?
Yes.
Motion passes.
Perfect.
Congratulations.
Thank you.
The articulation that the awning was perfect.
It was like the perfect articulation to that building.
It was just it was just enough. Yeah.
I wanted to thank Commissioner Anderson for all the wonderful comments today.
I apologize for my mom.
Gerardo already walked away that one.
Any other commission considerations or comments
before we adjourn?
I will just give a brief report from Transpac this morning
that that group continues to look forward
to the needs assessment that CCTA is holding
to try to put together a straw poll
for the new world order when Measure J expires.
Also, there was an extraordinarily long discussion
today about getting kids on buses to schools
and all the conflicting jurisdictions programs
and how to come up with a standard approach
across the county.
And this has actually been an ad nauseam discussion
at multiple meetings.
And so I think CCTA is gonna actually form
an inter-district task force to try to come up with a plan.
So that's the things that are going on.
And if I can just, another, my last time
reminding you for this very particular meeting.
Joint study session on the general plan
existing conditions report, October 22nd.
Woohoo, okay, perfect.
And at 656, we'll adjourn.
Thank you.