[0:00] (people speaking indistinctly)

[0:04] - Good afternoon, everyone.

[0:06] It is Thursday, July 23rd at four o'clock.

[0:12] I am Michael Cass,

[0:14] the Acting Community and Economic Development Director,

[0:17] and I will be serving

[0:18] as the Zoning Administrator this afternoon.

[0:24] I'd like to start by reading a civility statement,

[0:29] which is included at the beginning of the agenda.

[0:32] So as your appointed Governing Body,

[0:34] we will treat each other and the public

[0:36] with patience, civility, and courtesy

[0:38] as a model of the same behavior

[0:40] we wish to reflect in Martinez

[0:42] for the conduct of all city business

[0:45] and community participation.

[0:47] This includes respect for everyone's First Amendment Right

[0:51] to voice their opinion on matters

[0:53] within the City's subject matter jurisdiction,

[0:56] even if that opinion is different from our own.

[1:00] The decisions made

[1:01] will be for the benefit of the Martinez community

[1:04] and not for personal gain.

[1:07] I'd next like to go into public comment.

[1:09] This is for public comment

[1:11] for items that are not on today's agenda.

[1:14] Non-agenda public comment is limited to matters

[1:17] which are within the subject matter jurisdiction

[1:19] of the Zoning Administrator,

[1:21] and which are not action items

[1:22] listed elsewhere on the agenda.

[1:25] If you'd like to make a public comment,

[1:27] please use the Raise Your Hand feature

[1:29] at the bottom of the screen.

[1:33] Okay.

[1:36] Hearing none, we'll now move on

[1:37] to the first public hearing item,

[1:41] which is the Variance request for 9 West Hayward Court.

[1:45] Salmana, if I could please have a presentation.

[1:48] - Thank you, Michael. I'm just going to share my screen.

[1:54] All right. Good afternoon, everyone.

[1:56] Today I will be presenting a request for a Variance

[1:59] at 9 West Hayward Court.

[2:05] The project is located in the R-10 Zoning District,

[2:08] which is a single-family residential zoning district.

[2:11] The general plan designation is residential low.

[2:14] The lot size for this property is 8,000 square feet.

[2:18] And currently there is

[2:19] an existing single-family residence on the lot.

[2:23] This lot is surrounded by other single-family residences.

[2:28] This project initially came in as a Code Enforcement case,

[2:32] at which time staff identified that the fence did not comply

[2:35] with the Martinez Municipal Code fence height standards.

[2:38] The Applicant then submitted a request

[2:40] for retroactive Variance

[2:41] to allow a five-foot tall fence and gate

[2:44] within the front yard and public right-of-way.

[2:47] The gate connects to the existing six-foot fence

[2:49] along the side property line,

[2:50] and is comprised of a two-by-four mesh wire

[2:53] and black steel posts.

[2:57] Here's a picture of the gate.

[2:59] So the Martinez Municipal Code limits fence height

[3:03] to three feet, six inches

[3:04] within 50 feet of a street intersection,

[3:08] so within a required front yard.

[3:10] This fence was built also within the public right-of-way

[3:13] along the cul-de-sac line,

[3:14] which is about 13 feet, 6 inches

[3:17] past the front property line

[3:18] and is contiguous with the front yard.

[3:22] The general intent

[3:23] of a reduced fence height in the front yard

[3:25] is to preserve a clear sight-distance area.

[3:28] This fence only exceeds the maximum height by 1.5 feet,

[3:31] and the fence is see-through

[3:33] and does not obstruct visibility.

[3:35] The Applicant has cited the need for the fence

[3:37] to maintain privacy and security on their property.

[3:44] So the project was routed to engineering, building,

[3:49] the police department,

[3:51] and then Contra Costa County Fire District.

[3:55] The Engineering Division has no immediate concerns

[3:57] with the fence encroachment in the public right-of-way,

[4:00] and has requested a number of conditions of approval

[4:03] to ensure the fence does not interfere

[4:05] with future public improvements or obstruct visibility.

[4:08] So these are that the fence, gate, landscaping,

[4:13] any materials placed within or adjacent to the enclosed area

[4:16] shall not obstruct required sight lines

[4:18] or interfere with the visibility of motorists,

[4:20] bicyclists, et cetera.

[4:22] And then the City reserves the right

[4:25] to request modification or removal of the fence

[4:29] if we find that it's a sight line visibility safety hazard.

[4:35] Secondly, approval of this Variance authorizes

[4:39] only the requested deviation

[4:40] from the applicable fence height standard

[4:41] and does not grant the Property Owner ownership

[4:43] or permanent right to occupy the public right-of-way.

[4:46] And then lastly, the fence and gate shall remain subordinate

[4:50] to the City's use and control of the public right-of-way.

[4:53] Upon written notice from the City,

[4:54] the Property Owner shall remove, relocate,

[4:57] or modify the fence and gate

[4:58] at the Property Owner's sole expense, if necessary,

[5:01] to accommodate roadway, sidewalk,

[5:03] drainage, utility, accessibility, frontage, maintenance,

[5:05] or other public improvements.

[5:10] We've also received conditions of approval

[5:13] from the Contra Costa County Fire Protection District,

[5:15] which is requiring the Property Owner

[5:18] to install a Knox Box at the gate

[5:21] so that the fire department has access to it,

[5:25] in case of an emergency, has access to the property.

[5:30] And then staff has placed other conditions of approval:

[5:34] one regarding fence maintenance,

[5:36] and one regarding vegetation and stored materials,

[5:39] just to ensure that visibility isn't obstructed

[5:42] by the gate or things around the gate.

[5:47] We've also received a public comment from a neighbor

[5:50] that cited concerns with sight-line visibility

[5:53] if the fence is permitted to remain,

[5:54] and that the materials and placement is not harmonious

[5:57] with the existing neighborhood character.

[5:59] And this was provided to the Zoning Administrator

[6:01] prior to the meeting.

[6:04] So the findings on the screen are required to be made

[6:07] in order to approve the project,

[6:09] and staff believes that

[6:11] with the conditions of approval imposed on this project,

[6:13] the findings can affirmatively be made.

[6:18] The staff is recommending

[6:19] that the Zoning Administrator conduct a public hearing

[6:21] and adopt Resolution No. 26-16,

[6:24] approving a retroactive Variance from Kirk Jennings

[6:27] for a five-foot tall fence and gate

[6:28] in the front yard and public right-of-way

[6:30] where the maximum fence height permitted

[6:32] is three feet, six inches,

[6:34] located at 9 West Hayward Court

[6:36] in the R-10 One Family Residential District zoning district,

[6:41] Assessor's Parcel No. 162-190-008.

[6:47] And I'm available to answer any questions.

[6:50] - Okay. Thank you very much, Salmana.

[6:53] I don't have any questions at this point,

[6:54] but I will likely circle back with you.

[6:58] I do want to reflect on the record that I did review

[7:02] the additional public comment that was forwarded to me

[7:06] after the Staff Report and agenda were published.

[7:09] So I have read through that.

[7:12] I'd now like to offer the ability

[7:14] for the Applicant to make a presentation.

[7:21] - Sorry, I think that's the wrong Kirk.

[7:23] And I don't see my applicant here actually.

[7:26] - So I'll ask the question,

[7:28] because we're not seeing the Applicant in attendance:

[7:32] If there's somebody here who is representing the Applicant,

[7:34] please use the Raise Your Hand feature

[7:36] at the bottom of the screen so we know who to promote.

[7:44] Okay. I'm seeing none.

[7:46] We'll now open it up to members of the public.

[7:50] Any member of the public who wishes to speak on this item,

[7:53] please use the Raise Your Hand feature

[7:56] located at the bottom of your screen.

[8:04] Okay.

[8:07] We do have one hand.

[8:09] Ronnie, please go ahead and make a public comment.

[8:13] - [Ronnie] Yeah, I live at 5 West Hayward Court,

[8:15] and the fence is hideous looking.

[8:18] They tried to skirt the law by putting up a tall fence.

[8:22] They didn't get a permit, and now they want to be revised.

[8:26] It's ugly, and it doesn't fit our neighborhood,

[8:30] and it lowers my property values.

[8:32] So, they got wire around the whole yard.

[8:36] It's not just the gate.

[8:37] It's the wire around the whole thing too.

[8:40] The five-foot tall-- - Stakes.

[8:42] - [Ronnie] And green stakes.

[8:47] So my question is:

[8:48] can I put gates up in front of my house then?

[8:54] - Okay. I appreciate the comment, Ronnie.

[8:56] Just for context, you said you're at 5 West Hayward Court?

[9:01] - Yes. - Can you orient me

[9:02] where that is in relationship to the subject property?

[9:05] - Next door. - Next door. Okay.

[9:10] So if I'm facing it, you're to the right then, correct?

[9:13] - Left. No, I'm to the left.

[9:15] I'm in the corner of the court.

[9:17] - Okay.

[9:20] Okay. Thank you for that. - Mm-hmm.

[9:24] - Okay. Any other comments you'd like to make, Ronnie?

[9:28] - [Ronnie] I just don't want the fence.

[9:29] - Understood. - Yeah.

[9:31] I mean, it's going to lower our property values.

[9:33] It makes it look like we live in a prison.

[9:36] If they want to put up something and get permits

[9:39] that fits the neighborhood and makes it look nice,

[9:41] that's a different story, but that's hideous.

[9:46] - Okay. Well, thank you, Ronnie.

[9:48] Appreciate your comments.

[9:50] - [Ronnie] Okay.

[9:51] - Are there any other members of the public

[9:54] who wish to speak on this item?

[10:03] Okay. I'm hearing none.

[10:07] Now want to just give one more opportunity.

[10:10] If the Applicant wishes to make any comments,

[10:14] please use the Raise Your Hand feature

[10:17] at the bottom of the screen.

[10:19] - I think he's here now,

[10:20] so I've gone ahead and allowed him to speak.

[10:27] - Hello? - Hi.

[10:29] - [Kirk] Hi, Kirk Jennings.

[10:31] - Good, you can now make a presentation on the item

[10:34] or make any comments that you wish to make.

[10:38] - [Kirk] We were unable to get into

[10:41] the Zoom launch on the computer.

[10:43] We've been struggling with that. So what did I miss?

[10:49] - So Salmana made a presentation

[10:54] consistent with the Staff Report that was published.

[10:59] - [Kirk] Uh-huh.

[10:59] - She then also indicated

[11:02] there was an additional public comment that was received

[11:05] after the Staff Report was published, which she went over.

[11:09] And then we had a public comment

[11:13] from Ronnie, the next-door neighbor,

[11:17] in opposition of the request.

[11:20] So you can make any comment

[11:21] that you wish to make at this time.

[11:24] - I'm sorry I missed what Salmana had to say.

[11:29] We just... We need the fence for security purposes.

[11:33] All the events and police incident reports

[11:40] that have gone on for two years,

[11:42] they just require this fence and the security gate.

[11:47] So, it's a very nice-looking fence, and it doesn't,

[11:53] as the City noted in their photographs,

[11:56] it doesn't preclude any vision, sight,

[11:59] with the fire department saying there's no problem,

[12:01] and we're going to get the Knox lock.

[12:04] And PG&E and the City noting

[12:07] that there's other six-foot fences

[12:09] right up close to the street or the court.

[12:14] We feel that we've done a nice job,

[12:16] and we just really need that fence and gate

[12:22] for our security.

[12:25] - Okay.

[12:27] - [Kirk] We're glad it's been permitted.

[12:30] - Well, a decision has not been made yet.

[12:32] I do have a couple questions for you.

[12:35] - Oh. Okay, yeah. - The gate--

[12:37] - [Ronnie] I wish I could have heard everything.

[12:41] - Okay.

[12:41] I do have a couple questions. - Go ahead.

[12:43] - The vehicular gate, do you normally leave it open, closed?

[12:51] I do know that it moves inward rather than outward,

[12:55] so it moves inward into the driveway.

[12:58] How is that normally kept?

[13:01] - [Ronnie] My habit has been to open the gate at 6:00 AM

[13:07] and close before I go to bed each evening,

[13:10] so 10-ish, 11-ish is when I close the gate.

[13:14] And the same thing happens again.

[13:18] When we go away on a vacation, we've kept the gate closed.

[13:23] - Okay. And--

[13:25] - [Ronnie] But daily, that's the way it's been kept.

[13:27] - And you open it manually, correct?

[13:30] So you actually open it.

[13:33] There's no electricity or anything to power it

[13:35] or no intention to do that?

[13:38] - No, that's correct. - Okay.

[13:40] - [Ronnie] Just a simple couple of gate latches

[13:42] that go into the concrete, and then one at the top,

[13:46] like a normal gate you'd have on your backyard.

[13:50] - Okay.

[13:53] Second question that I have:

[13:55] there also is a low wood post-style fence

[14:02] that runs along towards the edge of pavement.

[14:05] Is that intended to remain,

[14:07] or is that intended to be removed

[14:10] since there's, in essence, two fences

[14:12] immediately adjacent to one another?

[14:15] - [Ronnie] Well, that little guy has been there

[14:17] since probably the '50s when the house was built in 1956.

[14:22] So what I did

[14:25] was make sure that I was certainly on my property.

[14:32] So at this point, I don't plan on removing it, no.

[14:37] Mm-mm. - Okay. And I wanna clarify.

[14:40] The fence is on public property, not on private property,

[14:45] based on the Staff Report that was received?

[14:49] Okay.

[14:51] - It's not-- - So, I don't--

[14:53] - Any other final comments that you wish to make on this?

[14:57] - [Ronnie] Yeah, I don't believe

[15:00] the little tiny fence is on public property.

[15:03] - Sorry, the tiny fence is as well as the new fence.

[15:10] - And how are they measuring? - How did they measure that?

[15:12] How did the staff measure that?

[15:16] - So the architectural plans that were provided

[15:19] indicated that the fence was outside of the property line

[15:23] and along the cul-de-sac line.

[15:26] So there's 13.5 feet between where the fence is placed

[15:30] and where the property line is,

[15:31] and then Engineering also confirmed

[15:33] based on those architectural drawings that were submitted.

[15:38] - [Ronnie] 13.5 feet, huh?

[15:40] - So any other final comments that you wish to make?

[15:45] - [Female Participant] I don't think that's right.

[15:46] - [Ronnie] Yeah, I don't know if that's right or not,

[15:49] so no, I don't wish to make any final comments.

[15:52] - Okay.

[15:53] So I'm now going to close the public portion of this item,

[15:57] and I'm prepared to deliberate.

[16:03] This one I'm definitely torn on.

[16:07] I don't take kindly when people do work without permits

[16:11] and then ask for permission after the fact.

[16:14] And that's something that I want to discourage

[16:17] from happening in the future.

[16:22] Saying that,

[16:26] I found myself largely agreeing

[16:30] with the comments that were made

[16:33] by staff associated with this item

[16:36] in that really the intention of height requirements

[16:41] of structures in this zoning district

[16:45] is to ensure that there's transparency

[16:48] and to avoid potential conflicts

[16:51] when vehicles, pedestrians, or bicyclists

[16:54] are in, entering, exiting, or near the property.

[17:03] And given the transparent nature of the fencing,

[17:09] I can make the findings

[17:12] as outlined by staff in the attached Resolution.

[17:17] And so I'm prepared to adopt the Resolution No. 26-16,

[17:24] approving the retroactive Variance

[17:26] subject to conditions of approval as recommended by staff

[17:30] with a few additional addendums.

[17:35] First, I want to make sure that the record reflects

[17:39] that this was a Code Enforcement case.

[17:42] And so I'll be adding a whereas clause

[17:44] reflecting the Code Enforcement complaint

[17:47] associated with this item.

[17:51] Secondly, I will be adding a condition of approval

[17:57] because the property, excuse me,

[17:59] because the fence encroaches onto public property

[18:04] that a retroactive encroachment of permit

[18:07] and encroachment agreement

[18:08] are required from the Engineering Division.

[18:12] And I'd like to specify that that happens within 90 days.

[18:19] Third, I am prepared to add a condition of approval

[18:26] that specifies that if 50% or more of the fence

[18:32] is proposed to be repaired or replaced,

[18:36] then it needs to be shifted back onto private property

[18:41] and outside of the public right-of-way.

[18:45] Next, for condition of approval number 10,

[18:49] which talks about the ability that the City can remove

[18:54] and have the Applicant be responsible, excuse me,

[18:58] having the Applicant be responsible

[19:00] for removal of the fence upon written notice,

[19:04] I would like to add that failure of the Applicant

[19:07] to remove the fence in a timely manner

[19:10] may result in the City removing the fence

[19:13] at the Applicant's expense

[19:15] plus a 25% administrative surcharge.

[19:21] And finally, that small fencing

[19:24] that's in front of the new fence,

[19:26] requesting that that be removed

[19:29] within 60 days from the approval date.

[19:37] That's it.

[19:39] My decision can be appealed

[19:42] by anyone wishing to appeal my decision

[19:44] to the Planning Commission.

[19:47] That needs to be done within 10 days.

[19:51] If you're interested in doing so, please contact Salmana

[19:55] and she can walk you through the process.

[19:57] Thank you.

[20:00] I next am ready to move on

[20:03] to item number two on today's agenda,

[20:08] which is for 1170 Arnold Drive.

[20:14] Imanol, if I could please have a Staff Report.

[20:23] - Thank you. And let me just share my screen.

[20:31] Okay.

[20:33] Thank you, Zoning Administrator Michael Cass.

[20:36] Hello, everyone. My name's Imanol Tovar.

[20:38] I'm the assistant-- - Imanol, if you wouldn't mind

[20:40] speaking up a little bit louder.

[20:42] I'm having trouble hearing you.

[20:45] - Is this better? Okay.

[20:49] I will be giving a presentation

[20:50] for 1170 Arnold Drive, Suite 110,

[20:54] and this is for a Conditional Use Permit for alcohol sales.

[21:00] A little bit about this property.

[21:03] 1170 Arnold Drive consists of two buildings.

[21:07] Highlighted in red is Suite 110.

[21:10] The zoning for this district is neighborhood commercial.

[21:14] And the existing use is a restaurant

[21:18] as well as the surrounding land uses

[21:21] being retail and restaurants.

[21:26] So the proposed project, like I mentioned,

[21:28] is a request for a Conditional Use Permit for alcohol sales.

[21:32] The proposed business is going to be a liquor store

[21:37] operating alongside a takeout food

[21:42] proposed Krispy Krunchy Chicken.

[21:45] This will all be within the Suite 110,

[21:48] and they are requesting a Conditional Use Permit

[21:51] and also an ABC Type 21 Alcohol License.

[21:57] And shown here is the existing floor plan on the left side

[22:01] and the proposed floor plan on the right side.

[22:08] So for census tract and ABC,

[22:14] there is a certain amount of alcohol licenses

[22:18] that are permitted per census tract.

[22:20] So highlighted in red and outlined in black

[22:23] is the census tract

[22:24] that is where 1170 Arnold Drive is located at.

[22:30] In the census tract,

[22:31] it allows up to one offsite alcohol license.

[22:36] We currently have three off-sale licenses,

[22:41] and those are going to be Walmart, Lucky, and Liquor Lane.

[22:46] None of them are within the same shopping center

[22:52] as 1170 Arnold Drive.

[22:57] So because there is an excess

[23:02] of ABC licenses within that census tract,

[23:07] we would have to make the positive findings

[23:10] of public convenience or necessity

[23:14] for the off-sale liquor license to be approved.

[23:18] And those findings are found in the Staff Report.

[23:22] In addition, staff's findings for this is that

[23:25] the proposed project will offer Martinez residents

[23:28] a wide range of beer, wine, and liquor.

[23:31] And the liquor store and takeout restaurant will provide

[23:34] a service different from the existing grocery stores,

[23:38] like Lucky and Walmart

[23:40] that sell liquor for offsite consumption.

[23:43] So this will be slightly different,

[23:45] providing different services.

[23:48] Some notable recommendations.

[23:50] Some notable recommended conditions of approval

[23:54] are listed here.

[23:55] These were provided

[23:57] and discussed with the police department.

[24:02] So this is coming from them

[24:04] in relation just to handling alcohol.

[24:09] So with that,

[24:10] the recommendation is to conduct a public hearing

[24:12] and adopt Zoning Administrator Resolution No. 26-17,

[24:18] approving a request from Raji and Tirath Sahota

[24:22] to consider a Conditional Use Permit

[24:25] for alcohol sales of distilled spirits,

[24:29] and for a new liquor store with a takeout restaurant

[24:32] at 1170 Arnold Drive, Suite 110.

[24:36] And with that, I can answer any questions.

[24:44] - Great. Thank you very much, Imanol.

[24:47] Just want to confirm, because they are serving food,

[24:50] but the food that they're serving is to-go as well.

[24:52] There's no dining interior to the space, correct?

[24:56] - That is correct.

[24:57] No dine-in seating, just takeout food.

[25:00] - Okay. Thank you for clarifying.

[25:04] I can have the Applicant make a presentation.

[25:15] You can unmute yourself and go ahead.

[25:17] - [Raji] Hi, good afternoon. My name is Raji.

[25:20] And I'm the Applicant along with my husband.

[25:24] And we have been long-time residents of Martinez,

[25:30] and we have multiple stores within the East Bay,

[25:34] and so we just wanted to do something

[25:36] here in our own community.

[25:39] We have owned Subways in,

[25:41] actually, let's put it this way,

[25:42] the Subway downtown Martinez, but that was many years ago.

[25:47] And so now we just want to

[25:49] bring something else into our community

[25:51] since we've been here for 30 years or so,

[25:55] and our kids grew up here,

[25:56] and now they're coming back home after schooling and stuff.

[25:59] So we just wanna do a little something

[26:02] in our own neighborhood.

[26:07] - Great. Well, thank you, Raji.

[26:10] Is that the rest of your presentation?

[26:12] - [Raji] Well, my presentation is.

[26:14] That was just an introduction of myself and my family.

[26:17] But now we want to open up a small liquor store

[26:20] that's going to carry a wide variety of high-end liquor,

[26:25] beer, wine, spirits, et cetera.

[26:28] And then we're going to open up a small takeout restaurant.

[26:32] It's a Krispy Krunchy Chicken franchise,

[26:34] and it's all going to be takeout.

[26:37] Food will be prepared fresh in store

[26:40] and then sold right there inside the store

[26:43] for just takeout purposes only.

[26:47] And we'll have snack items and cold beverages such as sodas

[26:52] for people not purchasing the liquor products.

[27:02] - Thank you.

[27:03] Any other comments you wanted to make?

[27:08] - [Raji] We would just greatly like this opportunity

[27:11] to be able to open here in our own neighborhood.

[27:15] And we would do our best to be good business owners

[27:20] and do our part in safety and cleanliness

[27:24] and providing good customer service

[27:27] to our customers and our community.

[27:30] - And then question for you. - Yes.

[27:32] - For Krispy Krunchy Chicken is,

[27:37] you mentioned that you own some businesses

[27:39] in other communities.

[27:41] Are they the same franchise? - Yes. We do have--

[27:44] - Same franchise in other communities?

[27:46] - [Raji] Yes.

[27:47] - Are you comfortable sharing one or more

[27:50] other close locations that you do own and manage?

[27:54] - [Raji] Yes. We have one in Antioch off of Fitzuren Road.

[28:00] And it does very well there.

[28:03] And it's a Southern-style chicken franchise,

[28:09] they've been up and growing.

[28:11] They have other stores but nothing close here.

[28:15] I think they have one in Bay Point or something.

[28:18] And then we have our location in Antioch.

[28:21] - Okay. Okay.

[28:23] - [Raji] And that's also within a liquor store.

[28:26] And it's also takeout.

[28:27] - And is that customary?

[28:28] I apologize, I hadn't heard of this chain

[28:31] before the item was coming forward.

[28:33] Is that customary for all of the chains?

[28:35] - [Raji] Mostly. Majority of them are.

[28:38] - Yes. - Okay.

[28:40] Okay. Any other comments?

[28:43] And then I do have a couple more questions.

[28:45] - [Raji] No, I think we're good.

[28:47] - Okay.

[28:48] So in looking at the floor plan,

[28:52] and Imanol showed that as part of his presentation,

[28:55] it shows that you're relocating the door,

[29:01] so it will be on a different facade.

[29:04] And then he showed sheet A1.0,

[29:10] but A2.0, read my mind, Imanol,

[29:14] is on the screen now.

[29:16] And it's showing a large refrigeration area

[29:21] that's being put right along the window frontage.

[29:25] - [Raji] Mm-hmm.

[29:26] - So I just wanted to chat to see

[29:29] how locked in the floor plan is,

[29:32] because I do have some concerns

[29:35] with having those improvements obstruct the window

[29:40] and not having transparency into the store.

[29:44] Is there feasibility

[29:47] of working with the architect and planning staff

[29:51] to rework the interior floor plan

[29:53] so that the transparency isn't impacted

[29:56] the way the current proposal is?

[30:00] - [Raji] The reason for the blockage,

[30:04] because we have our coolers on one side of that wall,

[30:09] so pretty much, that's why we're relocating the door

[30:12] because the door used to be on the side

[30:13] that we're going to close off now.

[30:16] And we're going to put the door on the front now,

[30:19] which is the front that you see

[30:21] where they have the front door relocated to.

[30:25] - Yeah. - So that's the only reason.

[30:28] And there will be a portion at the top of the coolers

[30:32] that's going to be transparent,

[30:35] but I think a lot of it, even for safety and security,

[30:39] it's good to have one side of the windows blocked off

[30:43] because there's just way too many windows.

[30:48] - Okay, and what are you planning to do

[30:50] to modify the exterior facade, if anything, rather,

[30:56] because the windows are majority being blocked?

[31:05] - [Raji] We're planning to just black them out.

[31:08] We could put some kind of art or some kind of pictures

[31:15] if that's what you guys would require,

[31:18] but we were just thinking of blocking them out.

[31:21] - Okay. And then-- - Just on that side.

[31:24] - And then for clarification,

[31:25] there's the service area that's shown.

[31:28] - [Raji] Mm-hmm.

[31:29] - For the service area,

[31:30] is there food preparation that's happening there?

[31:34] Is it sales? What is that actually?

[31:36] - [Raji] That's the sales part of it.

[31:37] And the food prep happens behind in the kitchen area.

[31:42] - Which is not shown on the screen, correct?

[31:44] - [Raji] Which is shown right back here.

[31:47] So behind where your cursor is.

[31:49] - Okay. - Yeah, right there.

[31:50] That's the kitchen area right there.

[31:52] - Okay. So I'm going to ask the question.

[31:56] Could you relocate the refrigeration area

[32:01] to be where the service area is

[32:04] and have the service area be under the windows instead?

[32:08] - [Raji] No, it won't work for the layout

[32:11] because we've been working with our architect

[32:13] who's been kind of planning this all out

[32:16] with the size of the space,

[32:17] and he said there's no way we can move those there.

[32:20] We've already asked.

[32:23] - Okay.

[32:28] That's something I would want to dive into further.

[32:33] So, I do have concerns with blocking the windows.

[32:39] So I appreciate that, though.

[32:43] I do want to now open it up to members of the public.

[32:49] Anyone who wishes to speak on this item

[32:53] can do so at this time.

[32:59] If you'd like to do so,

[33:00] please use the Raise Your Hand feature

[33:02] at the bottom of the screen.

[33:07] Okay.

[33:12] Great, thank you so much. No comments.

[33:15] I will now close the public comment portion of the meeting

[33:19] and deliberate.

[33:23] So Raji, thank you so much for the information

[33:25] and your interest in opening a business,

[33:28] and Martinez is very excited about that,

[33:32] and particularly since you also live here,

[33:35] and that's what we love to see.

[33:40] In terms of the actual request before me today

[33:48] for the Conditional Use Permit for alcohol sales,

[33:52] I found myself agreeing with staff

[33:56] and the conclusions that were made,

[33:58] and can support that application.

[34:02] There are a couple of conditions of approval

[34:05] that I'd like to make some very minor changes with.

[34:10] Namely condition number six,

[34:12] I'd want to reference also the Property Owner

[34:16] and Business Owner as part of the indemnification.

[34:20] And then condition number nine, change planning manager

[34:24] to assistant community and economic development director.

[34:27] And same thing for condition 10.

[34:31] I'd also, in the approval of the resolution

[34:34] as drafted with those amendments,

[34:36] what I'd also like to do is add a condition of approval

[34:42] for the Applicant to work with staff

[34:45] on potential revisions to the floor plan

[34:49] to minimize the obstruction of the window;

[34:53] and that if the windows continued to need to be obstructed,

[34:59] then design review is required,

[35:02] which can be done at a staff level for any changes

[35:06] that will affect the exterior of the building,

[35:11] even if they are interior to the space.

[35:13] So we can work with you, Raji, on some solutions

[35:16] to address the concerns that we talked about today.

[35:21] - Okay. Thank you. - Okay.

[35:24] Other than that, no additional items that I want to add.

[35:29] And anyone can appeal my decision

[35:32] by filing an appeal within 10 days from today.

[35:36] If you're interested in appealing the decision,

[35:39] please contact Imanol

[35:40] and he can walk you through that process.

[35:42] - Thank you. - Thank you so much, Raji.

[35:44] And we're glad to have you

[35:45] as part of the Martinez community.

[35:46] - Thank you. - Thank you.

[35:49] - Now ready to move on to condition of approval, excuse me,

[35:56] application number three,

[35:58] which is the project at 103 Escobar Street.

[36:02] Imanol, if I could have a presentation, please?

[36:05] - Yes. Thank you.

[36:08] This is going to be a presentation for 103 Escobar Street

[36:11] requesting a Variance

[36:14] for this single-family residential addition

[36:18] that they're going to add to an existing home.

[36:21] It's on a corner lot on Escobar Street and Bay View Drive.

[36:25] The zoning is R6.0, which is single-family zoning district.

[36:30] The lot size is 5,220 square feet,

[36:34] and the surrounding land uses

[36:35] is also single-family residential.

[36:39] A little bit about the project.

[36:41] The proposed project is a 1,782 square foot addition

[36:47] to the existing single-family residence.

[36:50] It is adding a garage, two bedrooms, two bathrooms,

[36:54] and a little bit of square footage, and other rooms as well.

[36:58] Here's the existing on the left side

[37:00] and the proposed site plan.

[37:03] In the Staff Report and in the Resolution,

[37:07] there are in-depth plans that show this as well.

[37:13] Here, we have the front and rear elevations.

[37:16] So at the top, we have the existing.

[37:18] At the bottom, we do have the proposed elevations.

[37:24] And then here are going to be the side elevations,

[37:28] the existing is on the left side,

[37:29] and on the right side are the proposed elevations.

[37:38] So after showing the elevations and the site plan,

[37:41] I wanted to dive a little bit deeper

[37:43] into what the additions are, what the Variance request is.

[37:48] So with the Variance request,

[37:49] they're requesting a Variance for the front,

[37:53] the street side yard setback, the rear setback,

[37:57] increase of lot coverage, floor area ratio,

[38:02] and they are requesting a minor exception for the height.

[38:07] So as you can see, we do have an existing and proposed.

[38:11] So for the majority,

[38:13] so for the front and the street side yard setback.

[38:17] The existing is already existing non-conforming.

[38:22] So any addition that they would've made

[38:25] that they're proposing to do

[38:27] would not increase what's already existing

[38:32] in terms of the minimum side yard setback that they have.

[38:37] Again, it's existing non-conforming,

[38:39] but they are increasing the addition

[38:44] and expansion into the rear yard setback,

[38:47] as well as the lot coverage and FAR.

[38:50] One thing they are doing is because they are adding a garage

[38:54] where they initially had a zero covered parking,

[38:57] they are adding two covered parking spaces

[39:00] with that garage addition.

[39:04] So with the Variance,

[39:06] they do have to make specific findings,

[39:10] and staff believes

[39:11] that all the findings that are listed here

[39:14] can be affirmatively made.

[39:17] There are other neighboring properties

[39:18] in the vicinity of the subject site

[39:20] that are inconsistent

[39:21] with several other development standards

[39:23] in the R6.0 Zoning District,

[39:26] including floor area ratio, lot coverage, and setbacks.

[39:30] Another thing to note is that

[39:33] the minimum lot coverage for R6.0 is 6,000 square feet.

[39:38] As mentioned earlier, their lot is 5,277 square feet

[39:44] which does limit them a little bit with lot coverage

[39:47] and floor area ratio.

[39:51] With the minor exception findings.

[39:54] Here are the findings

[39:55] that should be made for the minor exception.

[39:58] The request for a minor exception is to increase the height,

[40:02] which was not included as a part

[40:04] of the public hearing notice

[40:06] since minor exceptions are generally not subject

[40:08] to public hearings.

[40:10] However, we did include the minor exception description

[40:13] and the increase in height into the Staff Report,

[40:18] and it was posted online,

[40:20] so it is available online and it's included there.

[40:23] Staff believes that the height increase

[40:24] would not pose a detrimental impact

[40:27] to the site and adjacent properties,

[40:29] and comply with the intent of the zoning district.

[40:34] Earlier today, not too long ago,

[40:36] we did receive one public comment.

[40:39] In that public comment they expressed appreciation

[40:43] for the improvement at the property,

[40:46] but they were concerned with the overall project expansion.

[40:49] In their email

[40:51] they didn't mention that they had reviewed the plans,

[40:53] but just respectfully asked that the reviewing body

[40:58] can carefully consider

[40:59] whether the proposed height and modifications

[41:03] would just maintain the compatibility

[41:06] of the surrounding neighborhood.

[41:10] Some notable recommended conditions of approval

[41:13] is going to be landscaping and screening

[41:17] especially because they're expanding

[41:18] on the side and the rear yard

[41:20] and increasing the height slightly.

[41:22] The Applicant shall require to prepare a landscaping plan

[41:25] with the intent to screen the side yard property line

[41:28] and increase privacy for the respective property owners.

[41:34] And that landscaping plan

[41:37] shall be submitted to the Planning Division

[41:39] and approved by

[41:40] the Community and Economic Development Director,

[41:43] or designee, prior to the issuance of a building permit.

[41:49] With that, the recommendation is to conduct a public hearing

[41:53] and adopt Zoning Administrator Resolution No. 26-18,

[41:59] approving a request from Tony and Tiffany Chantri,

[42:03] to reduce the required rear yard setback

[42:06] from 25 feet to 20 feet,

[42:09] reduce the required side yard setback from 5 feet to 3 feet,

[42:13] reduce the required front yard setback

[42:15] from 20 feet to 5 feet,

[42:18] increase the maximum lot coverage from 40% to 45%,

[42:22] increase the maximum floor area ratio from 0.5 to 0.58,

[42:29] and a minor exception to increase the building height

[42:32] to 25 feet and 7 inches where 25 feet is permitted,

[42:38] and this would be to construct a 1,782 square foot addition

[42:43] to the single-family residence,

[42:47] totaling 3,037 square feet, located at 103 Escobar Street.

[42:55] And with that, I will be happy to answer any questions.

[43:00] - Thank you, Imanol.

[43:01] I had not had a chance

[43:03] to read the public comment that came in late.

[43:05] Could you please forward that to me so I could read it?

[43:07] I'd like to make sure I read it

[43:09] before making a decision on this project.

[43:12] - Yes, I can forward it right now.

[43:15] - And while you do that,

[43:17] I can allow the Applicant to make a presentation.

[43:30] - So I believe the Applicant might not be here,

[43:33] but the architect, Kirk, is here.

[43:36] And Kirk, are you available to speak?

[43:40] - Kirk, please feel free to unmute yourself

[43:42] and make any presentation.

[43:45] - [Kirk] There. It wasn't letting me unmute.

[43:47] But now can you hear me okay?

[43:48] - Yes. - Yes.

[43:50] - Hi, I'm Kirk Shelby. I'm the architect.

[43:52] I've been working with Tony Chantri

[43:54] for a number of years, actually.

[43:56] This home is his family home.

[44:00] He grew up in the home himself.

[44:02] He's in his 70s now.

[44:05] His mother lived in it up until recently.

[44:07] She's now in a care facility.

[44:10] And the house has remained empty since her absence,

[44:13] and I'm not quite sure how many years that's been,

[44:16] but it's been a long time.

[44:17] And so things have kind of gone.

[44:19] They've somewhat kept it up, but no one's been living there.

[44:26] Vegetation hasn't been taken care of for obvious reasons.

[44:30] No one's there.

[44:31] And general wear and tear

[44:33] of the various exterior components of the house

[44:38] are having an effect.

[44:39] And so Tony had asked me some time ago

[44:43] to look into improving it.

[44:47] At that time, he wasn't sure who the occupant would be.

[44:52] But since that time, his daughter, Tiffany,

[44:54] has expressed an interest to move into the home.

[44:57] And so at that point, we were able to kind of tailor,

[45:00] more tailor the designs of the addition

[45:04] to what we wanted to do.

[45:06] And so that is, in large part,

[45:09] the result of why we've got it.

[45:13] Original house was kind of, it was a 1950s-style home.

[45:17] So it had small living room, small kitchen,

[45:20] small dining room, a couple of bedrooms, a shared bathroom,

[45:26] a sitting area that was kind of adjacent to the dining.

[45:28] So it was... A covered porch.

[45:32] It had a number of items that worked well,

[45:34] I believe, at the early stages.

[45:37] But over time, given how things have changed

[45:43] with respect to what's anticipated

[45:46] and wanted in a home, that's changed.

[45:49] And so as a result, we've reconfigured it.

[45:53] The other thing that was taking place,

[45:55] excuse me for diverging a little bit,

[45:57] the roof design looks like it's been added on.

[46:01] I think the house has been added onto over time

[46:03] since its original construction.

[46:06] There was an 8 and 12 pitch,

[46:08] which was predominant in the major portions of the house,

[46:12] but there are some other 2 and 12 kind of things

[46:17] that are in there.

[46:18] And you can see that on the existing floor plan.

[46:21] It shows kind of how that was

[46:23] on the upper floor roof demo plan

[46:26] that we recently did for review.

[46:29] So we've revised the roof.

[46:32] We've taken down the pitch

[46:33] to what we consider the minimum pitch, 6 and 12.

[46:37] A 4 and 12 pitch could be done,

[46:39] but generally, the area has a variety of pitches,

[46:44] 4 and 12 being the least of them.

[46:46] And so the idea was to try to maintain

[46:49] the original character of the home,

[46:51] which has a little more traditional feel

[46:54] than just a ranch-style house.

[46:56] And the other thing that comes into play is

[46:59] there's a large section existing in the house.

[47:02] The living and dining area

[47:04] is intended to be one large cathedral ceiling

[47:09] connecting the two spaces.

[47:10] And so in order to accomplish that with roof trusses,

[47:14] we're going to do 6 and 12 exterior pitch

[47:16] and a 4 and 12 interior pitch,

[47:18] which allows us to get a significant architectural effect

[47:21] on the interior.

[47:23] So those are kind of the reasons why it is what it is.

[47:26] It's my practice typically

[47:28] to try to maintain the same roof pitch throughout,

[47:32] it creates some consistency with the elevations,

[47:35] rather than doing a whole hodgepodge

[47:37] of different roof heights.

[47:43] The garage was something that was clearly lacking.

[47:46] Parking was stacked up, was kind of tandem,

[47:48] or even, I don't know what you call three cars stacked up,

[47:52] along the side yard.

[47:53] And so this allows a more normal two-car garage

[47:58] with ability for two cars to park in the driveway

[48:02] without encroaching on the side yard.

[48:04] So I think it opens up

[48:06] and reduces vehicular impact to the side neighbor,

[48:11] where right now you run right against the fence.

[48:16] Tony Chantri is a builder

[48:18] and has had interactions with the City on other projects,

[48:23] knew people downtown.

[48:25] Originally, he wanted to be the one

[48:28] that would do the interface with the community.

[48:32] He's a lifelong Martinez resident,

[48:34] so it all seemed to make sense.

[48:36] So I can't really speak to what conversations took place

[48:40] between the City and them.

[48:41] All I can tell you is tell you

[48:42] what he told me in terms of direction.

[48:46] We pushed in order to accomplish a number of things,

[48:51] particularly the entry.

[48:53] Right now, the entry kind of comes in between the kitchen

[48:55] and into a blank wall.

[48:58] We wanted to change that a bit.

[49:00] We wanted to increase the kitchen.

[49:01] So we removed a portion of the interior kitchen area along,

[49:08] it would be along,

[49:09] I guess it would be the north side

[49:11] of the front of that appendage,

[49:13] that peninsula that sticks out,

[49:15] and conversely added some on the other side,

[49:19] on the south side that fronts the cross street,

[49:21] Bay Street, I believe it is.

[49:23] That allows us to get a little straighter circulation,

[49:26] allows us to get a little bigger kitchen.

[49:30] It also allows us to get access to the garage

[49:34] because currently the steps,

[49:37] the exterior steps that lead to the front door

[49:39] would encroach on that,

[49:40] which then wouldn't allow us to have a two-car garage.

[49:42] We end up with a one car, at least a one-car door.

[49:45] And so it seemed like

[49:47] all of those kinds of revisions made sense

[49:49] to improve the overall character of the building.

[49:54] - Great.

[49:55] - [Kirk] Any other questions I can answer,

[49:57] I'd be happy to answer.

[49:58] - No, I appreciate you giving me the history

[50:01] as well as the design intent

[50:04] and things you were trying to accomplish

[50:06] through the project.

[50:07] I do have one quick question.

[50:10] Want to confirm you had a chance to read through

[50:12] the draft resolution and conditions of approval,

[50:15] and see if you have any issues or concerns.

[50:18] - [Kirk] Do not have issues or concerns

[50:20] with respect to those conditions.

[50:23] They seem to be reasonable.

[50:25] The landscaping was always intended.

[50:27] We just don't, you know...

[50:28] Without knowing whether we would be approved or not,

[50:32] we didn't really tackle that,

[50:33] but it's always been the consideration.

[50:36] There is a lot of vegetation along,

[50:41] not Escobar, but the other street.

[50:43] You cannot see into the backyard

[50:45] or see the back part of the house.

[50:47] I had to poke through the fence

[50:49] to be able to get any adequate pictures

[50:51] to study that when I was trying to figure out the roof.

[50:54] But, so, it's pretty well taken care of there.

[50:58] But there are other areas along the rear.

[51:02] There's a shed that's going to be removed

[51:04] that is going to provide a lot of ability

[51:07] for additional landscape screening,

[51:09] as well as the south side where the current driveway is.

[51:15] - Well, I appreciate that, Kirk.

[51:16] Thank you for confirming and the additional information.

[51:21] I don't have further questions for you at this time,

[51:23] but I would like to open it up for any member of the public

[51:26] who wishes to speak on this item.

[51:28] You can raise your hand.

[51:31] I'm seeing Tim Farley.

[51:33] Dee Dee, if you could promote him, please?

[51:38] Tim, please go ahead.

[51:40] - [Tim] Hello. Can you hear me?

[51:41] - Yes. - Wonderful.

[51:42] Thank you so much Director Cass and Planner Tovar.

[51:47] I appreciate the opportunity to address the Zoning Board.

[51:51] First off, I'm excited to welcome the Chantri family

[51:55] back to the home.

[51:58] They've been part of this neighborhood

[52:00] for maybe even 90 years.

[52:03] And so we're excited about having them return.

[52:08] The house has been abandoned and neglected

[52:13] for 16, 18 years now,

[52:16] and so we are pleased

[52:18] that there will be some activity on the property.

[52:24] I am sitting here with Art Price.

[52:26] He is on Bay View, and he'll address you shortly.

[52:31] And then I do have some comments from Jamie Hilgendorf

[52:34] at 110 Escobar Street.

[52:37] So if you would indulge me

[52:39] to address both of their concerns.

[52:42] I'll address Jamie's,

[52:43] and then Mr. Price himself can address his own concerns.

[52:47] But as I said, we are eager to welcome the Chantries,

[52:51] and an improvement

[52:53] is better than the derelict house that we have.

[52:58] We've had homeless people there.

[53:00] I work from home.

[53:01] I've called the police a few times

[53:03] because of the nuisance that's present there.

[53:08] I did have a chance to review the plans.

[53:10] I'm not an architect. I'm not a planner.

[53:12] I'm not a contractor.

[53:14] I do think that it's a bit of an ambitious project

[53:18] to have such a large home.

[53:20] I think you're doubling the capacity, the square footage,

[53:25] or nearly doubling the square footage for that lot.

[53:29] And I have some concerns about that.

[53:31] The architect, the planners know better than I do,

[53:34] so I will leave that with you.

[53:37] My major concern, though, is the height.

[53:42] I think the height is just a bit much for the neighborhood.

[53:45] One of the things that we do enjoy here is our view shed.

[53:49] And I know that when a 50 Escobar was built

[53:57] they promised me that it would only be a certain height,

[54:01] and it went very high.

[54:03] So I would ask, this is Tim Farley,

[54:06] that we could get story poles

[54:08] so we could envision just how high it's going to be

[54:12] and what impact it would have on our views.

[54:15] So that's the request that I have.

[54:19] I don't want to slow the project down.

[54:21] I don't want to kill the project.

[54:24] I do think that it's important

[54:26] that we welcome Tiffany when she comes back to Martinez.

[54:30] But Tim Farley and Eileen

[54:32] are very concerned about the height

[54:33] and some of the massing that's going on.

[54:37] With that, I'm going to have Art Price from Bay View Street

[54:44] address some of his concerns.

[54:46] And then when he's done, I will read the statement

[54:50] from Jamie Hilgendorf at 110 Escobar.

[54:54] - Tim, before moving on to another person,

[54:56] if you could please just wrap up the comments you have,

[54:59] and then we can move on to the other individual.

[55:01] - Okay, so Jamie Hilgendorf at 110

[55:05] is on a flight right now or else he would be on the Zoom,

[55:09] but he asked me if I would read.

[55:11] I'd show it to you, but there's no camera.

[55:14] But this is what Jamie Hilgendorf prepared,

[55:17] and he's going to submit it later on.

[55:20] And he said, "I oppose the idea of a Variance

[55:23] "to the property located at 103 Escobar Street

[55:27] "Residential Zoning District for the following reasons.

[55:30] "Number one, this would set a new precedent

[55:33] "for zoning on Escobar Street,

[55:35] "as they are already close to Escobar Street,

[55:38] "than any other neighboring property.

[55:40] "Number two, I believe

[55:42] "that allowing the side and front yard setbacks

[55:45] "to change to what they are asking

[55:48] "would impair the view of oncoming traffic

[55:50] "from Bay View to Escobar Street or vice versa.

[55:55] "Three, looking at the request

[55:56] "from a hardship point of view,

[55:58] "the only hardship that they have

[56:00] "is they are trying to build too big of a house

[56:03] "on the size lot that they have."

[56:05] Again, these are Mr. Hilgendorf's comments, not mine.

[56:10] "I feel that granting the Variance

[56:11] "would be a bigger hardship for all the property owners

[56:14] "on this side of Escobar Street than it is worth,

[56:17] "and would ultimately be regretted by all.

[56:20] "Number four, please don't get me wrong,

[56:22] "I would love to see an improvement to this property

[56:25] "that has been the blight of the neighborhood

[56:27] "for over 16 years

[56:28] "with little attention or consideration

[56:31] "to the excess garbage that we have had to live with."

[56:34] And that's sincerely Jamie Hilgendorf of 110 Escobar Street.

[56:39] So those are Mr. Hilgendorf's comments.

[56:42] And I'm going to turn the screen over to Mr. Art Price

[56:47] and he can tell you his concerns and where he lives.

[56:50] - Thank you. - Oh, sorry.

[56:53] - [Art] Hi, my name's Art Price.

[56:55] I live at 534 Bay View,

[56:59] and I look directly over the 103 house.

[57:05] There are other ways to trim.

[57:08] I'm a superintendent for a large commercial company.

[57:13] Build high rises in San Francisco and so on.

[57:18] You can go with conventional rafting

[57:22] that takes away from the trusses.

[57:26] Trusses take a lot of room.

[57:28] To lower the roof, just to lower the roof down,

[57:30] get it down to 25 foot.

[57:33] That's all we're asking.

[57:38] - Do you have any additional comments?

[57:41] - [Art] I did.

[57:41] On the back, the Cypress have grown up way out of control

[57:47] and they're up into the PG&E lines.

[57:51] And constantly we have sparks flying down into his property.

[57:56] It's not so concerning to me because I'm across the street.

[58:01] But when he's going to build a new house,

[58:04] I've seen big buildings go up in flame and they go quick.

[58:10] - Okay. Appreciate the comments.

[58:13] Thank you so much. - Okay.

[58:18] - And now I'd like to invite Family, is what the name says,

[58:22] to make any public comments.

[58:27] - Hi there. Can you hear me? - Yes.

[58:31] - [Susie] This is Susie and John Gardnell.

[58:33] We live in 107. We're right below 103.

[58:40] Don't even know where to start.

[58:41] This house has been a nightmare for seven years.

[58:44] When we bought this house, we were promised by Tony

[58:47] that he was going to come back and rebuild.

[58:51] And it just sat there empty

[58:53] for homeless and some nasty people to live there,

[58:58] and animals galore.

[59:00] We've just had a dead deer laying there

[59:02] stinking up the neighborhood.

[59:04] But we are very excited that the house is,

[59:07] it's going to be redone because it's a total eyesore.

[59:09] And we hopefully--

[59:11] - And a fire hazard. - And a total fire hazard.

[59:14] I mean, it's been a total fire hazard.

[59:16] I'm surprised no one's,

[59:18] nothing's been done about this house

[59:20] because of the fire hazard.

[59:23] But in a few years, we will need to sell our house.

[59:28] And we're a little worried

[59:30] that we're going to have this huge house

[59:33] looming over our house.

[59:35] I don't know where the garage is going to go,

[59:36] so I'm not sure...

[59:37] I mean, we've been kind of lucky

[59:41] that we haven't had neighbors for seven years,

[59:43] and so then we're going to go

[59:44] and have this ginormous house on top of us.

[59:47] You know, I just...

[59:50] I don't know what else to say, but that worries us.

[59:55] Our fence, I'm not sure what...

[59:57] They're going to look down into our yard?

[1:00:02] I'm not sure how it's going to work.

[1:00:05] Just a little worried about this huge house.

[1:00:08] And the front being five feet

[1:00:11] or three feet, whatever, to the street,

[1:00:13] that's a little bothersome as well.

[1:00:16] It's just a huge house going on this property

[1:00:20] that doesn't seem that big.

[1:00:24] That's about it.

[1:00:25] Do you have anything to say?

[1:00:28] - [John] No.

[1:00:29] - [Susie] That's it. We're just a little worried that...

[1:00:32] I don't know what this house is going to look like.

[1:00:34] I can't really tell by the pictures and stuff,

[1:00:36] but just, like I said,

[1:00:37] we're going to sell this house in a few years

[1:00:39] and I don't want it to affect the sale of our house.

[1:00:45] - Okay. Well, thank you very much for your comments.

[1:00:49] I appreciate you attending and expressing them.

[1:00:53] I'd now like to invite Jeremy

[1:00:55] to make any public comments that you wish to make.

[1:01:01] - [Jeremy] Hi, thank you. Can you hear me?

[1:01:04] - Yes.

[1:01:05] - [Jeremy] Yeah. My name is Jeremy Guiley.

[1:01:07] Me and my wife and our family live at 14 Escobar Street,

[1:01:11] and we just have a few comments.

[1:01:14] So we appreciate the effort

[1:01:16] the property owners are making to improve a home

[1:01:19] that has appeared to be abandoned for many years.

[1:01:22] It's encouraging to see investment

[1:01:24] in revitalizing the neighborhood.

[1:01:27] Our only concern at this time is that

[1:01:30] we are interested in the proposed height of the home,

[1:01:36] with it being expanded, and the roof height specifically.

[1:01:40] We support updating the property.

[1:01:42] We just hope that the final design

[1:01:45] is going to remain compatible with the surrounding homes

[1:01:48] and preserve the character of the neighborhood.

[1:01:51] We respectfully ask

[1:01:52] that the reviewing body carefully consider

[1:01:54] whether the proposed height is appropriate,

[1:01:56] and if possible, encourage modifications

[1:01:59] that achieve the owner's goals

[1:02:01] while maintaining compatibility

[1:02:03] with the surrounding neighborhood.

[1:02:05] I also want to echo the comments

[1:02:06] about the corner there between Escobar

[1:02:11] and the traffic that comes around the corner.

[1:02:15] There's been several accidents on that corner

[1:02:18] with cars hitting each other or parked cars.

[1:02:23] And a view around that corner

[1:02:26] is, I believe, important for public safety

[1:02:30] as well as safety of pedestrians around Escobar.

[1:02:35] So if those could be considered,

[1:02:37] we would really appreciate it.

[1:02:39] Thank you.

[1:02:40] - Well, thank you very much, Jeremy.

[1:02:42] I appreciate you attending and expressing your comments.

[1:02:46] Any other members of the public

[1:02:48] who wish to speak on this item?

[1:02:52] Okay. I'm hearing none.

[1:02:54] I do want to put on the record

[1:02:57] the comment that was sent from Brooke Guiley,

[1:03:01] that was emailed to me during the meeting,

[1:03:05] I did have a chance to read it, so I just want to make sure

[1:03:07] that gets reflected on the record.

[1:03:10] I'd now like to invite Kirk, if you'd like to respond

[1:03:14] to the public comments that were received.

[1:03:19] - [Kirk] Sure.

[1:03:22] I can certainly appreciate everybody's concern

[1:03:24] with respect to the size of the home.

[1:03:27] But most of the expansion of the home

[1:03:32] occurs along the back property.

[1:03:34] That's where the lion's share of the area is

[1:03:37] that's been expanded.

[1:03:39] The upper floor area is like 2,000 square feet.

[1:03:46] So you're talking about 500 feet of the garage.

[1:03:49] And to clarify, the garage is underneath the living space

[1:03:53] in a space that previously was blank underfloor space,

[1:03:59] unused space.

[1:04:01] Yes, it projects out four feet from the lower level

[1:04:05] to allow for sufficient depth in the garage.

[1:04:10] The height of the building, what we try to do is,

[1:04:14] is try to utilize the same things that were occurring.

[1:04:17] I mean, the main living space,

[1:04:21] in fact, the entire living space is upstairs,

[1:04:24] as it's always been.

[1:04:26] It's always been at that floor level.

[1:04:29] So, the porch area that was converted into living space

[1:04:34] looks out across the view,

[1:04:37] and that really hasn't changed

[1:04:39] in terms of the number of windows

[1:04:41] and things that are going to occur along there.

[1:04:44] Yes, recessed from that facade

[1:04:48] is the step back where the master bedroom is,

[1:04:51] and there is a porch or deck off that.

[1:04:58] But it's only...

[1:05:01] I mean, I think it would be appropriate for,

[1:05:04] in the development of the home

[1:05:08] for the owner to want to get views

[1:05:10] that they currently have out those second story,

[1:05:13] if you want to call it second story,

[1:05:15] second story as it relates to the north property line.

[1:05:19] It's one story as it relates to the south property line.

[1:05:21] So, all those things have an impact on

[1:05:28] how the height of the house is perceived as 27 feet,

[1:05:32] because we're measuring from the lower end up to the top,

[1:05:35] not from the upper side to the top.

[1:05:39] That being said, anything can be done architecturally.

[1:05:43] The question is going to be is:

[1:05:47] is the resultant reduction of two feet,

[1:05:50] whether you lop off two feet of the ridge?

[1:05:53] Only one section of the roof extends

[1:05:56] to the full height of the overall height.

[1:05:59] It's a hip section that lies to the rear

[1:06:04] of where the living and dining area space is.

[1:06:07] And it hips up,

[1:06:08] it purposely hips up so there's not a gable there.

[1:06:11] It purposely hips up so it's not going to be as obvious.

[1:06:14] But it does get higher

[1:06:15] because that's the widest span for the roof to go.

[1:06:21] But there are ways to adjust that

[1:06:24] to go from 27 to 25, if that's a game break.

[1:06:30] In terms of the overall square footage, I don't know the...

[1:06:35] You probably know better than I

[1:06:37] what the range of floor areas are for that neighborhood.

[1:06:40] I have no idea what they are.

[1:06:42] But I know from experience

[1:06:44] that a 2,200 square foot living space

[1:06:48] isn't generally considered to be overwhelming.

[1:06:55] With respect, it's not like we're building

[1:06:57] a 5,000 square foot monster house next to smaller homes.

[1:07:01] So again, I don't know.

[1:07:04] I mean, I'm happy to talk to anybody on site

[1:07:08] to alleviate any concerns.

[1:07:10] But we've got 2,139 square feet on the upper floor.

[1:07:16] That includes three bedrooms, two baths,

[1:07:20] a kitchen, a dining room, and a living room.

[1:07:24] There's no family room. There's no nook.

[1:07:28] So, it is a fairly straightforward house.

[1:07:31] The additional square feet is a lower-floor guest suite

[1:07:35] that could be used as an ADU.

[1:07:37] We hadn't anticipated using it as an ADU,

[1:07:40] but it could be used as an ADU if it was allowed.

[1:07:45] It's removed from the rest of the house.

[1:07:47] You go downstairs to get to it.

[1:07:50] It's accessible from the garage.

[1:07:53] But the original intent was

[1:07:56] if Ms. Chantri had a guest that wanted to stay,

[1:08:00] it would give them the opportunity to stay,

[1:08:02] visit with her and have a modicum of privacy.

[1:08:08] Having had that experience with my in-laws,

[1:08:10] it's nice to be able to do that,

[1:08:12] to be able to take,

[1:08:14] to not constantly intrude upon your host's lifestyle.

[1:08:21] So, I mean, those are the rationale for the reasons.

[1:08:24] I think they're reasonable thoughts.

[1:08:26] I certainly can appreciate the concerns

[1:08:30] with respect to reduction of view.

[1:08:34] If story poles are the answer,

[1:08:36] then obviously that will take some time to erect and done.

[1:08:42] I think from my experience

[1:08:45] a story poll would be good to show

[1:08:47] not just what the proposed profile would be,

[1:08:53] but also how it relates to the existing profile.

[1:08:57] The problem with story poles is, how do you erect them?

[1:09:01] I mean, they're easy to erect

[1:09:02] when you have nothing on the property.

[1:09:04] They're a little more difficult to manage

[1:09:08] when you've got a building sitting

[1:09:10] where you're trying to erect story poles.

[1:09:12] So I don't know about that, but.

[1:09:16] - And Kirk, question for you.

[1:09:17] There also was a comment about concerns with the tree

[1:09:21] and how it impacts utility lines that are there.

[1:09:26] - [Kirk] Yeah, I don't think, you know...

[1:09:28] That is one of those...

[1:09:30] And certainly I can...

[1:09:32] I live across the street from a property

[1:09:34] that's been vacant, just sold last week.

[1:09:37] It's been vacant for 15 years,

[1:09:39] so I can certainly appreciate the concerns that go on.

[1:09:42] I had to go in the backyard and mow down all the weeds

[1:09:46] because it backs up to the park.

[1:09:48] And 4th of July, we were concerned

[1:09:50] it was going to light the whole...

[1:09:52] That an errant firecracker or firework

[1:09:54] would light the whole neighborhood on fire.

[1:09:56] So I can certainly appreciate those concerns.

[1:09:59] In talking to Mr. Chantri,

[1:10:01] and again, I can't speak to

[1:10:04] what's taken place over the years,

[1:10:06] but he's assured me that he wants to clean all that up.

[1:10:12] And so, I don't anticipate or see any problems

[1:10:19] with making sure that that hazard is dealt with.

[1:10:25] On the other hand, we want to...

[1:10:26] I think that the neighborhood would probably want to keep

[1:10:30] the screening ability of those trees.

[1:10:32] So maybe it's a maintenance thing

[1:10:34] where the trees don't need to be removed,

[1:10:36] but they need to be significantly pruned and kept pruned

[1:10:38] so they don't encroach on the power lines.

[1:10:41] - Okay. Appreciate that.

[1:10:44] Any final comments?

[1:10:47] - [Kirk] Well, we've tried to do our best

[1:10:49] in terms of creating a design.

[1:10:54] We've met with a couple of people

[1:10:56] and talked to a couple of people

[1:10:57] when I've been walking the site.

[1:10:59] Everybody seems to be wanting to have something done.

[1:11:02] We haven't had any real design powwows.

[1:11:05] I think, you know...

[1:11:07] I don't know if anybody had seen this plan previously.

[1:11:10] So I can certainly appreciate the concern

[1:11:16] that neighbors would have

[1:11:17] in terms of seeing something being built

[1:11:19] in the neighborhood.

[1:11:22] - Okay. Well, thank you, Kirk.

[1:11:25] I am seeing a raised hand, but I want to note that

[1:11:28] unfortunately the way that public hearings work

[1:11:32] is public comment period is actually now done.

[1:11:38] So I apologize for that.

[1:11:42] And it's now at the point

[1:11:43] that I will deliberate on the item.

[1:11:47] So first and foremost, I want to thank everyone

[1:11:50] for being just as respectful and neighborly as everyone has.

[1:11:54] It's a development project,

[1:11:56] and change in a neighborhood can be challenging.

[1:12:00] And so it speaks highly of everyone that lives there,

[1:12:04] so thank you.

[1:12:07] Second, it was alluded to

[1:12:11] in terms of concerns about square footage and height.

[1:12:16] From the square footage standpoint,

[1:12:19] I am not concerned with the project.

[1:12:25] I find that, generally speaking, it's well-designed

[1:12:30] and well-articulated to break up that massing

[1:12:32] and doesn't feel quite like

[1:12:37] what the square footage is representing.

[1:12:41] I also think it's important to point out

[1:12:45] that at the site, there is some topographic change,

[1:12:49] and as the architect alluded to,

[1:12:53] that definitely is a factor

[1:12:56] in terms of what the height number represents.

[1:13:02] Saying that, I do think it is

[1:13:06] a reasonable request from the neighbors

[1:13:09] to ask for some additional information

[1:13:12] so they can understand

[1:13:14] what the height of the proposed development is going to be

[1:13:18] as it relates to their properties

[1:13:21] and as it relates to the neighborhood.

[1:13:25] So what I am prepared to do,

[1:13:27] I actually am going to continue the matter,

[1:13:31] and I'm going to continue the matter

[1:13:33] to the meeting on August the 13th,

[1:13:39] that is Thursday, at four o'clock.

[1:13:42] And a note for the neighbors,

[1:13:44] the item will not be re-noticed,

[1:13:47] but an agenda and Staff Report will be posted,

[1:13:49] and you can always reach out to Imanol

[1:13:51] from a timing standpoint.

[1:13:55] In advance of that meeting,

[1:13:58] the Applicant in working with staff,

[1:14:00] what I would request is some additional information

[1:14:06] to represent to both the Zoning Administrator

[1:14:09] and to the neighbors about the proposed height.

[1:14:13] That does not necessarily need to be story poles.

[1:14:17] As you represented, I share a lot of those concerns.

[1:14:21] I actually think story poles oftentimes can misrepresent

[1:14:25] the height and massing of a structure.

[1:14:29] Other option might be a section through the property

[1:14:33] and potentially going into the street

[1:14:36] and the downhill property

[1:14:37] so there's a little bit more information,

[1:14:39] or extending the front elevations

[1:14:42] so that it is showing the adjacent property.

[1:14:44] I think that would go a long way.

[1:14:47] I also encourage, but I'm not going to require,

[1:14:51] but encourage in advance of the meeting on the 13th

[1:14:55] the Property Owner and the architect to meet with neighbors,

[1:15:00] maybe hold a neighborhood meeting

[1:15:02] to talk through the project

[1:15:04] and ideally work through

[1:15:07] some potential concerns that the neighbors have

[1:15:10] in advance of the item coming forward,

[1:15:14] coming back to me for consideration.

[1:15:19] And then finally, just to put it on the record,

[1:15:24] from staff's perspective, I would consider it an ADU.

[1:15:29] And for the betterment of information for the public,

[1:15:34] accessory dwelling units,

[1:15:35] when they comply with development standards,

[1:15:38] the City does not have any discretion over them.

[1:15:43] So that will be a component of the project.

[1:15:46] And then finally, assuming if the project is approved,

[1:15:51] I would like to see a condition of approval

[1:15:55] when this comes back

[1:15:58] addressing the vegetation's encroachment

[1:16:01] within the power lines, as part of this project.

[1:16:07] So again, continuing the matter

[1:16:09] to a date certain of August the 13th.

[1:16:13] If there's any questions,

[1:16:14] please reach out to the project planner, Imanol Tovar,

[1:16:18] and he can answer them.

[1:16:20] And at that, I am prepared to adjourn today's meeting

[1:16:23] at 5:16 PM.

[1:16:26] Thank you very much.

[1:16:28] (no audio)

Zoning Administrator

Agenda

Transcript