Clovis Planning Commission (11/18/21) Dutch Bros + future drive-through restaurant — fresnoland

Documenter: Heather Halsey Martinez

Here’s what you need to know:

• The Clovis Planning Commission approved the city’s second Dutch Bros drive-through and a future drive-through restaurant at 560 W. Shaw Ave. It will be located on vacant land between Surf Thru Car Wash and Hilton Garden Inn, across from Wienerschnitzel.

• Several minutes into the meeting, the city attorney asked for a recess to discuss a procedural matter. He came back and explained that since Comm. Antuna was attending the meeting via Webex and her location had not been posted publicly, it could have been in violation of the Brown Act. He recommended that she not vote and she agreed. 

The meeting (in full)

The Scene

The Clovis Planning Commission meeting took place on Thursday, Nov. 18, 2021 at 6:00 p.m. The Planning Commission consists of five Clovis residents appointed by the mayor and approved by the City Council. They meet monthly to make decisions and recommendations on city planning issues and review proposals for compliance with the General Plan, in order to make recommendations to the City Council. 

Commission Members:

Paul Hinkle, Chair (also real estate agent with Kellner Properties)

Mike Cunningham, Chair Pro Tem

Alma Antuna

Brandon Bedsted (also Director of IT & Data Services, Community Medical Centers)

Amy Hatcher

The meeting was made available via Webex and YouTube Live. The agenda states that Webex participation continues to be available. Antuna attended virtually via Webex, while the other commissioners were in council chambers. 

The meeting opened quickly with the Pledge of Allegiance. 

Hinkle opened the meeting for commissioner comments. He said that he’s received questions about a couple homes that have trash in front of them and that he saw another that leaves trash cans out at the curb all the time. A member of the planning staff said they would look into it and send community service officers out if needed. 

Hinkle then opened the meeting for public comment and no comments were made online or in council chambers. 

Actions

• Approved minutes from the Oct. 28, 2021 meeting.

• Approved a conditional use permit to allow a Dutch Bros drive-through coffee kiosk and a future drive-through use on approximately 2.19 acres at Shaw and Sylmar Avenues. 

  • Assistant Planner Kelsey George presented the item. 

  • Located on vacant land in front of Towneplace Suites by Marriott and adjacent to a Surf Thru Car Wash. Across from Wienerschnitzel’s on Shaw Ave. 

  • Two conditional use permits: 

    • Dutch Bros coffee kiosk on 935 square feet

    • Future quick serve restaurant, end user is unknown at this time. 

  • Two points of ingress/egress

  • Can accommodate up to 22 cars in the queue. Code requires a 13-car queue. 

  • George said it came through the pre-application process in March. 

  • Open 7 days/week 5 am to 11 pm.

  • For the second drive-through, it doesn’t approve the site layout and will be required to come back to the site review process. 

  • The city attorney asked for a recess to confer with staff before they proceed with discussion on the item. 

    • He said it was concerning a procedural matter on the item. AB-361 for allowing remote participation of commission members. 

    • “Her location was not properly noticed for Brown Act purposes so our recommendation is for her to not vote on this project,” he said. 

    • Antuna asked if she should recuse herself from the meeting. He said his recommendation was for her to abstain from voting on this matter, but she can observe or make comments, just as a member of the public can. 

  • Bedsted asked about the direction of the overflow queue. 

    • George said the overflow queuing would go back away from Shaw Ave. 

    • Commission Secretary Dave Merchen said that they have observed the Herndon and Fowler Dutch Bros location and it has informed their recommendations on this location. 

      • Merchen said they’ve looked at other locations outside of the City of Clovis and this plan should accommodate an excess amount of cars without spilling out into the street. 

  • Hatcher asked about cars parked in the lot shown in the photos. 

    • George said they don’t think it will be an issue and “people just tend to park on vacant land.” 

  • The applicant, Todd Clark with iT Architecture, Inc. was in council chambers. 

    • He said they worked on the Herndon and Fowler Ave. location, which was built for 16 cars. 

    • “This one should be a lot better without a learning curve like Herndon and Fowler,” he said. 

    • Cunningham said “Dutch Bros has been a victim of its own success out here in Clovis.” 

      • He said he needs to make sure they are going to check with the area tenants and make sure they are not in conflict. Clark said they will work with the property owner. 

      • Notices were sent out to tenants within 300 feet. 

      • Cunningham said the previous location shopping center owner had spoken to the other businesses in the area, but he hadn’t. 

    • Bedsted asked who gets noticed, is it the property owner or the tenant of the properties? 

      • George said the city policy is to notice the property owner and it is their responsibility to notify the tenants. 

    • Cunningham asked if the franchise owner is the same as the other location and Clark said it is the same. 

    • Bedstead asked about the second conditional use permit for the unknown restaurant. “Are they intending to build out a shelled space…or why is there a second ask for a CUP?” 

      • George said they don’t have an SPR for that portion of the property so there is no shell building. 

      • Clark said the property owner was approached by a “smaller drive-through” and it wouldn’t be a “Chick-Fil-A or In-N-Out” something like a Del Taco. 

      • Bedsted asked why can’t they wait and get a CUP later? 

        • George said it’s roughly a three-to-five month timeline. 

        • “I would feel better about having more specificity about what we’re saying yes to,” he said.

        • “We won’t even entertain a Chick-Fil-A or In-N-Out because we know their queuing capacity,” Clark said. 

      • Hatcher said it seemed like they were putting the “cart before the horse,” which is not how things are usually done. 

  • Approved unanimously both conditional use permits. 

The meeting adjourned at 6:43 p.m. Future Planning Commission meetings are scheduled on Dec. 16, 2021 and Jan. 27 and Feb. 24, 2022.

If you believe anything in these notes is inaccurate, please email us at Documenters-admin@thefresnoland.com with “Correction Request” in the subject line.