[0:04] - Good afternoon, everyone.

[0:05] It is four o'clock on August the 20th.

[0:09] I am Michael Cass,

[0:10] the acting Community and Economic Development Director

[0:14] serving as Zoning Administrator this afternoon.

[0:16] And I would like to call today's meeting to order.

[0:22] Before getting started,

[0:24] I would like to start by reading our civility statement.

[0:29] "As your appointed governing body,

[0:30] we will treat each other and the public

[0:32] with patience, civility, and courtesy

[0:35] as a model of the same behavior

[0:37] we wish to reflect in Martinez

[0:38] for the conduct of all city business

[0:40] and community participation.

[0:43] This includes respect for everyone's First Amendment right

[0:45] to voice their opinion on matters

[0:48] within the city's subject matter jurisdiction,

[0:50] even if that opinion is different from our own.

[0:53] The decisions made

[0:54] will be for the benefit of the Martinez community

[0:57] and not for personal gain."

[1:00] I'd next like to move on to public comment.

[1:03] "The non-agenda public comment is limited to matters

[1:06] which are within the subject matter jurisdiction

[1:08] of the Zoning Administrator,

[1:10] and which are not action items

[1:12] listed elsewhere on the agenda."

[1:14] If you'd like to make a public comment

[1:16] for an item not on today's agenda,

[1:18] please use the Raise Your Hand feature

[1:20] at the bottom of your screen.

[1:25] Hearing none.

[1:27] We'll now move on to the first public hearing item,

[1:31] which is for a Conditional Use Permit at 908 Ferry Street.

[1:36] Salmana, if I could please have a presentation.

[1:39] - Thank you, Michael.

[1:41] I'll go ahead and share my screen.

[1:44] Okay, good afternoon, everyone.

[1:46] Can you see my screen?

[1:48] - Now we can.

[1:50] - Today I will be presenting on a Conditional Use Permit

[1:54] at 908 Ferry Street.

[1:59] The project is located within

[2:01] the Professional Administrative Office Zoning District

[2:04] and has a General Plan designation of Downtown Transitional.

[2:08] The lot size is 5,897 square feet,

[2:12] which is about 0.14 acres.

[2:14] And currently,

[2:15] the subject property and the building is vacant.

[2:20] It was previously used as a warehouse.

[2:24] Surrounding the subject property

[2:26] are multifamily and single-family residences

[2:28] and the downtown core.

[2:32] The applicant is proposing

[2:34] to establish a French-style bakery with a retail component.

[2:37] The wholesale and production kitchen

[2:38] would operate seven days a week from 4:00 AM to 4:00 PM.

[2:42] The retail storefront

[2:43] would operate from Wednesday through Sunday

[2:45] from 7:00 AM to 4:00 PM,

[2:48] and deliveries are proposed to occur

[2:50] between 6:00 AM and 11:00 AM,

[2:52] either along the Ferry Street frontage

[2:54] or the site entrance at Green Street.

[2:57] Items for the bakery and retail storefront

[2:59] will initially be produced offsite

[3:01] at one of the applicant's other locations,

[3:04] and then the intent is to transition production

[3:06] to the subject property.

[3:08] So we would assume that the retail component

[3:11] of the business would open first,

[3:14] and then they would transition

[3:15] to producing baked goods at the subject property.

[3:19] At this time,

[3:20] the applicant is not proposing any physical expansions

[3:22] or exterior alterations of the building.

[3:25] They're just proposing the land use itself,

[3:29] and any physical alterations to the building

[3:33] will be reviewed in the future through Design Review.

[3:40] So to go over zoning compliance,

[3:42] the bakery is permitted

[3:44] within the Professional Administrative Office

[3:47] Zoning District as a restaurant

[3:48] and other eating and drinking establishment

[3:50] with a Conditional Use Permit.

[3:52] So staff is finding that the proposed use is consistent

[3:55] with the intent and character

[3:57] of the Professional and Administrative Office

[3:59] Zoning District,

[4:00] and is compatible

[4:01] with the established commercial character of the area

[4:03] as it is proposing a neighborhood-serving use

[4:05] close to the downtown core.

[4:07] It is also consistent with the General Plan Designation

[4:11] of Downtown Transitional.

[4:15] Staff received one public comment

[4:16] from a neighboring property owner in support of the project,

[4:19] but also sharing potential concerns

[4:21] of potential smells and odors

[4:23] that could occur due to baking or yeast fermentation

[4:30] at the subject property.

[4:35] So there are two notable recommended conditions of approval.

[4:38] One that's already in the resolution

[4:40] is requiring Design Review for any exterior improvements,

[4:44] tenant improvements, building modification, signage,

[4:46] or other physical alterations

[4:47] proposed in conjunction with the approved use.

[4:50] And this is standard for the Downtown Specific Plan area.

[4:57] So they would be required to go through this

[5:00] even if they weren't getting a Conditional Use Permit,

[5:01] but that's just to clarify that this Conditional Use Permit

[5:04] does not constitute approval of any physical improvements

[5:07] that may be proposed for the site.

[5:09] And then in response to the comment

[5:12] from the member of the public,

[5:14] staff is proposing another condition of approval

[5:17] to address odor control.

[5:19] I'll read it out.

[5:20] So we're proposing,

[5:21] "The bakery shall operate and maintain

[5:23] its exhaust and ventilation systems

[5:25] in a manner that prevents objectionable odors

[5:27] that may adversely affect neighboring properties.

[5:30] If the city determines that the use

[5:31] is generating persistent or objectionable odors,

[5:34] the operator shall take reasonable corrective measures

[5:37] as determined by the city,

[5:38] which may include modifications

[5:40] to the ventilation or exhaust system

[5:41] or installation of appropriate odor-control equipment."

[5:49] So the findings for the Conditional Use Permit

[5:52] are seen on the screen,

[5:53] and staff believes that all of the findings

[5:56] can affirmatively be made

[5:57] because the proposed bakery is consistent

[5:59] with the PA Zoning District,

[6:01] and is a neighborhood-serving commercial use

[6:02] near the downtown core.

[6:07] The staff's recommendation is to conduct a public hearing

[6:09] and adopt Zoning Administrator Resolution Number 26-20,

[6:13] approving a request to consider a Conditional Use Permit

[6:15] to establish a bakery located at 908 Ferry Street

[6:18] in the Professional and Administrative Office

[6:20] Zoning District,

[6:21] Assessor's Parcel Number 372-392-002-5,

[6:27] subject to conditions of approval.

[6:30] And I'm available for any questions.

[6:35] - Thank you very much, Salmana.

[6:36] I have no questions at this time,

[6:38] but I will likely circle back with additional questions.

[6:42] I would like to now allow the applicant

[6:45] an opportunity to make a presentation.

[6:49] Vincent, you may unmute yourself,

[6:51] and please feel free to present your project

[6:53] and provide any information that you'd like to present.

[6:59] - [Vincent] Yes.

[7:01] Can you guys see me?

[7:03] I don't see any camera.

[7:04] - We can't see you, but we can hear you.

[7:06] - [Vincent] Sure, that's fine.

[7:06] All right.

[7:07] So as you've already discussed, based on our application,

[7:13] we're proposing to open a bakery with a retail storefront.

[7:18] And a small part of it is gonna be wholesale operations.

[7:21] But ideally, what we're doing

[7:23] is we're producing for our other retail bakeries

[7:27] in the Martinez location,

[7:29] and we're delivering to our other bakeries,

[7:31] along with a few other customers that we may have.

[7:35] The goal is to serve artisanal breads.

[7:37] So, you know, sourdoughs, baguettes, all that stuff,

[7:41] laminated doughs,

[7:42] so your typical croissants and breakfast pastries,

[7:45] desserts, cakes, all that stuff,

[7:47] plus coffee and, you know, basic drinks.

[7:49] So what our intention is, it's really to, you know,

[7:55] become part of the community,

[7:57] just like we've done in San Francisco,

[7:59] and just like we've started doing in Concord,

[8:03] by having our onsite baking,

[8:07] which is just filling the neighborhood

[8:09] with really good smells and drawing people in,

[8:13] and just generally, you know,

[8:14] being a place where members of the public

[8:17] can interact, people talk,

[8:19] bring their kids, bring their family.

[8:21] And it's just really to, you know,

[8:23] provide like that good atmosphere.

[8:25] That's what we want.

[8:26] I mean, we are a family-owned business,

[8:29] but we are all about, you know, providing,

[8:32] you know, fun spaces,

[8:34] and I guess a good place to interact

[8:38] with friends and family.

[8:39] That's really what hospitality is about,

[8:41] and that's what we're proposing to do

[8:43] at this location, right?

[8:47] And yes, our hours of operation would be five days,

[8:50] you know, from, you know, breakfast to lunch hours,

[8:53] and then we would be working, you know,

[8:56] from around 4:00 AM to 4:00 PM, more or less.

[8:59] And we would be hiring locally,

[9:01] just as we've done in Concord,

[9:02] just as we've done in San Francisco.

[9:06] We actually live in Martinez,

[9:07] and we opened our shop in Concord

[9:09] so that we could be in the same community

[9:13] and so we wouldn't have to commute,

[9:15] but we could, you know, provide,

[9:19] I guess, the experience and the food

[9:23] that we thought would be a good addition to the area, right,

[9:27] to what was missing.

[9:28] And we believe something of that sort

[9:30] that was missing in Concord is missing in Martinez,

[9:32] you know, just some more good food options, right?

[9:37] And I don't know what else.

[9:40] I guess just the comment on the hood ventilation.

[9:44] I mean, in my experience, having worked in New York City,

[9:49] Vegas, San Francisco,

[9:51] and having, you know, just assisted in a lot of build-outs,

[9:57] everyone has a standard exhaust system, right?

[10:00] When we're talking about

[10:02] kind of looking into industrial scrubbers,

[10:05] I mean, this is for like large-scale industrial facilities,

[10:08] which, in my opinion, are expensive to install,

[10:11] and they have prohibitive yearly maintenance.

[10:14] But I can understand concerns about smells.

[10:17] You know, but it's a big distinction from a brewery

[10:20] or like a slaughterhouse,

[10:22] or a smoke, you know, like a barbecue space, right?

[10:25] Like we're not gonna be,

[10:28] I guess, contaminating the air with unpleasant smells,

[10:33] or, you know, nauseating smells or anything like that.

[10:37] In fact, what we do is,

[10:40] and it's funny, you can see this on our Instagram

[10:43] when the mayor of San Francisco,

[10:47] you know, Daniel Lurie, came over,

[10:49] and all he could focus on

[10:50] was the good smells coming out of our space.

[10:52] And what we said was that our goal is

[10:55] to make the neighborhood smell better.

[10:57] I mean, literally.

[10:58] We could even put that on a T-shirt, right?

[11:00] Like, it's just good, hearty smells.

[11:03] It's just bread and butter.

[11:04] Nothing fermented, nothing unpleasant.

[11:07] And those good smells are what draw people in,

[11:09] and really what create a space where people wanna linger.

[11:13] And I don't know if my wife, Maria, has anything to say.

[11:18] - [Maria] I was gonna say the same thing.

[11:20] - [Vincent] You know, we're pretty much on the same page

[11:22] with all this stuff.

[11:23] But that's what we have to say

[11:24] about what we plan on doing with the space.

[11:27] And yeah, we just wanna provide for the locals.

[11:30] You know, we're gonna hire locally,

[11:32] and we're just, you know, we don't wanna have

[11:36] any kind of negative impact, right?

[11:38] So our build-out will probably take a year,

[11:41] a year and a half.

[11:42] But while that's going on,

[11:43] we hope to open within three to six months

[11:46] the smaller space,

[11:47] so that it could be our, you know, our cafe

[11:50] where people can get the pastries

[11:51] that we're baking in Concord

[11:54] and they can buy them in Martinez,

[11:55] and they can sit down, have a cup of coffee,

[11:58] you know, and enjoy some pastries.

[12:02] - Great, thank you very, very much, Vincent.

[12:05] I appreciate your presentation and your passion.

[12:09] And it's always great to see

[12:15] locals opening businesses here.

[12:17] I do have a couple of questions for you, though.

[12:20] So as part of Salmana's presentation,

[12:24] she spoke about the intended operations

[12:27] from a delivery standpoint,

[12:31] that it would be on both Green and on Ferry Street

[12:36] that deliveries would occur,

[12:39] some of them starting as early as six o'clock.

[12:42] Can you elaborate a little bit

[12:45] in terms of what type of deliveries you envision

[12:48] happening on one side versus the other?

[12:52] There is the garage door.

[12:53] If there is an intention down the line

[12:55] to have, like, trucks pull in there

[12:57] for delivery and drop off,

[12:58] can you elaborate a little bit?

[13:01] - [Vincent] Sure.

[13:02] So a lot of our vendors are local vendors.

[13:06] Like we use Central Milling that's based in Petaluma

[13:09] for all our flours and, you know,

[13:10] it's flour that comes from California.

[13:13] And, you know, same with the dairy, Sonoma County.

[13:17] So in any case, you know, these people

[13:19] deliver, like, once or twice a week

[13:21] and, you know, they just deliver

[13:22] either a pallet or half a pallet,

[13:25] and, you know, or, you know, if you wanna think about it,

[13:27] like, you know, six milk crates kinda thing, right?

[13:31] And those kinda things

[13:32] would just be dropped off and brought inside.

[13:36] And as of right now, I mean, just looking at it,

[13:39] it seems like Green Street is more approachable

[13:42] with the little, I guess, alleyway,

[13:45] or that little walkway that's right there

[13:48] and doorway, right?

[13:50] So it seems like that's more unobtrusive

[13:52] than the garage door, which is very useful,

[13:55] but that street kind of seems like very residential,

[13:57] and kinda a little tight over there.

[14:00] But, you know, logistically it's just maybe

[14:05] like no more than two deliveries a day.

[14:07] And then our driver, when our driver comes to pick up,

[14:10] I mean, they're just taking, you know, a bunch of boxes

[14:13] and putting them in their van.

[14:15] That's it.

[14:16] You know, we're not ordering,

[14:19] like, you'll see a lot of restaurants

[14:20] that they order from, like huge industrial,

[14:23] like, restaurant depots, like Sysco.

[14:26] We don't buy food like that.

[14:29] So it's a little bit different.

[14:31] - Okay.

[14:32] I mean, you definitely addressed some of my concern

[14:34] with the additional information

[14:36] with the limitations on the number of deliveries

[14:38] that are happening on a daily basis.

[14:42] You did speak, as part of your presentation,

[14:45] in response to the public comment

[14:47] that we received from Scott Busby

[14:50] in regards to more industrialized scrubbers.

[14:56] Staff was recommending a not-as-specific approach

[15:03] to address that concern

[15:05] without being specific with the types of equipment

[15:08] that would be needed.

[15:09] Are you comfortable with that approach

[15:11] as was recommended by Salmana?

[15:17] - [Vincent] Were that if it was felt

[15:19] that in the future that this was an issue,

[15:21] that the city would recommend

[15:22] that some additional ventilation would be installed?

[15:25] - That we would work together on that.

[15:28] - [Vincent] Right, I mean, if that's what it comes to,

[15:30] I can understand that.

[15:31] I'd rather that there not be

[15:33] any kind of conditional clause attached to this.

[15:35] Like, as I told Mr. Busby,

[15:37] who I understand is a busy man, I totally get it,

[15:41] I said, "Just come to our bakery."

[15:43] Anyone who has any worries about smells

[15:46] or anything like that, just come to Oak Grove Plaza.

[15:49] You'll see.

[15:49] We make the entire plaza smell good.

[15:52] People smell us like almost a block away.

[15:56] There's really nothing negative.

[15:57] But of course, you know,

[15:58] if anyone has, you know, concerns like that, that's fine.

[16:03] I mean, I can understand.

[16:04] I can understand.

[16:06] And obviously, we'd work with the city,

[16:08] and, you know, we could find a solution.

[16:10] But I would just highly recommend,

[16:13] if you have any concerns,

[16:15] please just pass by the plaza and come check us out.

[16:18] You'll see what we're talking about.

[16:21] - I appreciate the clarification.

[16:26] I have two more questions for you at this point.

[16:28] So there is a state law

[16:33] that applies to all food establishments.

[16:37] It's SB 1383, so Senate Bill 1383,

[16:41] which relates to the potential of efforts

[16:45] to minimize food waste.

[16:47] Hopefully, we have almost none.

[16:49] I can say that I have visited one of your other locations

[16:54] and had a chance to try your goods, and was very pleased.

[16:58] So hopefully there will be minimal items that are not sold.

[17:06] But what is your approach

[17:09] with goods that are not sold on a daily basis?

[17:12] Are they just disposed of?

[17:13] Do you do day-old pastries that are sold the following day?

[17:19] What's your typical approach there?

[17:22] - [Vincent] I mean, when it comes to bakeries,

[17:24] we try to keep our numbers correct

[17:26] so that we, you know, we try to keep track of our numbers

[17:29] so that we don't have any leftovers.

[17:32] But a very simple solution for our leftovers

[17:35] is that we make bread pudding, you know?

[17:37] So if there's, you know, leftover stuff,

[17:40] we just make bread pudding,

[17:41] or I don't know if you've been in other bakeries

[17:43] where they do twice-baked croissants.

[17:45] They just, you know, there's solutions

[17:47] for things that are left over.

[17:49] But generally, that is not an issue.

[17:52] In the past in the city, we have donated food

[17:55] to like Food Runners or other companies,

[17:59] you know, that will bring them to, you know,

[18:02] food pantries or soup kitchens, right?

[18:05] We have done donations like that.

[18:08] But generally, we keep track of our pars

[18:10] so that we don't have such an issue.

[18:12] We, you know, do giveaways or even through DoorDash.

[18:17] There's different options, but we don't throw food away.

[18:20] - Great.

[18:22] And then last question I have is,

[18:24] did you have a chance

[18:25] to read through the conditions of approval

[18:28] as recommended by staff?

[18:30] And do you have any issues or concerns

[18:32] with any of them as drafted?

[18:36] - [Vincent] Is this what, I believe I did see them.

[18:41] - So that was in the resolution

[18:43] that was attached to the staff report.

[18:47] - [Vincent] Yeah, the one that was in the link.

[18:48] I believe everything was fine.

[18:52] I mean, the only thing that I saw that was different

[18:54] was the recommendation for the, you know,

[18:57] if there was an issue with, you know, the smells, you know,

[19:00] teaming up on a solution for that.

[19:02] But other than that,

[19:03] I didn't see anything else that really caught my eye.

[19:06] - Okay.

[19:07] I appreciate that.

[19:09] I am gonna now open the public portion,

[19:12] but I might circle back to you, Vincent.

[19:14] Thank you for the additional information.

[19:17] So at that,

[19:18] I will now open the public portion of the meeting.

[19:21] Anyone wishing to speak on this item?

[19:24] If you could please use the Raise Your Hand feature,

[19:27] which is located at the bottom of the screen.

[19:34] Okay, seeing none.

[19:36] I will now close the public portion of the meeting.

[19:43] And then just quickly going back to Vincent,

[19:46] are there any final comments that you'd like to make?

[19:52] - [Vincent] I mean, nothing is set in stone,

[19:54] but this is just kind of like a passion project

[19:58] that we hope comes to fruition,

[20:00] and, you know, we just appreciate everyone's support on it.

[20:04] - Great, great.

[20:08] So, thank you very much.

[20:10] So, I'm now prepared to take action on the project.

[20:14] So being fully transparent,

[20:19] I'm very excited that this business

[20:21] is going to be coming to Martinez.

[20:23] I think it will be a welcome addition.

[20:25] I think it's filling a significant want for our community,

[20:31] and I have full confidence,

[20:35] and finger and toes are crossed

[20:37] about this business being very successful

[20:40] and being a really important part

[20:43] of our downtown and our community.

[20:46] So on that, I am prepared to approve the project

[20:52] through the adoption of Resolution Number 26-20,

[20:57] as recommended by staff,

[20:59] with a couple of minor modifications.

[21:04] First, there's a numbering issue

[21:06] with the conditions of approval.

[21:08] We should fix that.

[21:11] Secondly, there's a couple of references

[21:13] to 2005 instead of 2000,

[21:16] excuse me, 2025 instead of 2026.

[21:19] So reflecting those modifications.

[21:25] Third, there is the as-drafted condition of approval

[21:30] number 18,

[21:31] which speaks to the requirement for Design Review.

[21:35] As worded, it includes tenant improvements.

[21:38] I'd like to strike tenant improvements,

[21:40] because tenant improvements

[21:41] typically refer to interior changes,

[21:45] and this should be limited

[21:46] to exterior modifications to the structure.

[21:50] Interior changes can be done

[21:52] just by going for a building permit.

[21:55] And then next,

[21:59] there's two additional conditions that I'd like to add.

[22:05] The first would be that the business owner

[22:11] will implement best practices

[22:13] to reuse any unsold baked goods and other products

[22:21] and/or donate them to nonprofit organizations

[22:24] in a manner to divert any potential food waste

[22:27] from the landfill,

[22:29] and leave flexibility for how Vincent, his wife,

[22:34] and the team handle that.

[22:38] And then next, Salmana, would you mind bringing up

[22:42] that condition of approval that you recommended again?

[22:48] - Yes.

[22:50] (no audio)

[22:57] (no audio)

[23:03] - Okay, so I do wanna include a condition of approval,

[23:09] but I'd like to make some modifications

[23:11] to this condition as drafted.

[23:19] So I think I'd rather have it say

[23:22] that the bakery shall operate and maintain its operations

[23:27] in a manner to prevent objectionable odors

[23:31] that may adversely affect neighboring properties

[23:34] as determined by the city.

[23:37] And then if the city determines that the use

[23:40] is generating persistent or objectionable odors,

[23:45] the operator shall take reasonable measures

[23:51] to address that impact.

[23:54] I do not wanna say how that's done,

[23:57] 'cause I think it is gonna depend on what that impact is.

[24:04] And on that, I hate to end on that,

[24:08] but again, Vincent, very, very excited

[24:13] to have your business come to downtown Martinez.

[24:16] We are here to help you,

[24:18] so please keep us in touch as you move forward,

[24:20] and we look forward to working with you

[24:22] to get you open as soon as possible.

[24:25] So please continue to work with Salmana.

[24:28] And anyone has the right to appeal my decision.

[24:32] There is a 10-day appeal period from today.

[24:36] And again, congratulations and welcome to Martinez.

[24:40] - Thank you. - Thanks.

[24:44] - So next, we'd like to move on

[24:46] to the next item on the agenda.

[24:52] If I could please have a staff presentation

[24:56] on 3017 Lester Road.

[25:04] - Thank you, Zoning Administrator Michael.

[25:08] Hello, everybody.

[25:08] My name is Imanol Tovar,

[25:10] and I am going to be giving a presentation for a request

[25:13] for a Conditional Use Permit at 3017 Lester Road.

[25:19] A little bit about this project.

[25:20] It is at a rural residential single-family zoning district.

[25:26] The General Plan designation is Residential Very Low,

[25:29] and it is a fairly large lot at 44,867 square feet.

[25:35] The existing use is single-family residential,

[25:38] and so is the surrounding land uses.

[25:43] The project description is to construct

[25:47] a 1,280-square-foot accessory structure

[25:51] for vehicle storage and shop.

[25:54] The metal shed includes a garage door, windows,

[25:57] and two exterior light fixtures,

[25:59] which I will show in a bit in slides.

[26:02] And here is the location

[26:03] of the proposed accessory structure.

[26:09] Here are photos of where it will be at the site.

[26:14] The picture on the left

[26:15] is where it will be placed on this site.

[26:18] And the picture on the right is from Street View.

[26:21] As you can see,

[26:22] it would be behind some trees and some vegetation.

[26:26] It'll be further back uphill.

[26:31] Here are the elevations of the accessory structure.

[26:36] As you can see, we have some windows on the side,

[26:39] the garage door, as well as a door to come in and out.

[26:44] And here is the rendering.

[26:46] As you can see, the light fixtures.

[26:48] The metal siding will be white for the top,

[26:52] which will match the existing home,

[26:56] and a light gray metal siding for the bottom.

[27:02] So for zoning compliance,

[27:04] this complies with all of the zoning requirements

[27:07] for a RR-40 Rural Residential 40 zoning district.

[27:14] It complies with everything,

[27:15] except for an accessory structure size,

[27:18] which is limited to 1,000 square feet,

[27:21] unless a Conditional Use Permit is granted.

[27:25] So as you can see here, there is a typo at the proposed.

[27:28] It should be 1,280 square feet.

[27:35] So as mentioned,

[27:36] a Conditional Use Permit must be granted

[27:39] if an accessory structure is going to be exceeding

[27:42] the 1,000-square-foot size.

[27:46] Here are the findings for the Conditional Use Permit,

[27:49] and staff believes that all findings can be made.

[27:52] The accessory structure complies

[27:54] with all other zoning regulations,

[27:56] and the size of the lot provides sufficient space

[27:58] to accommodate the accessory structure

[28:00] without changing the use of the property.

[28:05] Some notable conditions of approval include lighting.

[28:08] As mentioned, there are two light fixtures.

[28:10] So the exterior lighting, two fixtures on the shed,

[28:14] exterior lighting shall be faced downwards

[28:16] and appropriately installed with respect to convenience,

[28:19] safety, and effect on occupants as well as neighbors,

[28:23] and that a building permit submittal

[28:26] will be required for this proposed work.

[28:32] With that, staff is recommending to conduct a public hearing

[28:35] and adopt Zoning Administrator Resolution Number 26-21,

[28:39] approving a request for a Conditional Use Permit

[28:42] for a proposed 1,280-square-foot accessory structure

[28:47] with a maximum height of 15 feet at 3017 Lester Road

[28:51] in the Rural Residential zoning district,

[28:55] Assessor's Parcel Number 162-081-007.

[29:01] And with that, I can answer any questions.

[29:05] - Great.

[29:06] Thank you very much, Imanol.

[29:08] I have no questions at this time.

[29:10] I would like to invite the applicant to make a presentation.

[29:15] (no audio)

[29:19] Matt, go ahead.

[29:20] - [Matt] Michael, how are you?

[29:22] - Good, yourself?

[29:23] - [Matt] I'm good.

[29:25] It's just another shop on my property,

[29:27] which most, a bunch of people have in the neighborhood.

[29:30] I'm trying to protect my equipment that I have

[29:33] that I use around the property.

[29:34] There's a couple of tractors

[29:36] and the boat that you see in the picture.

[29:38] It's also a place to work on a few things here and there

[29:41] that I own.

[29:44] I'm happy to match colors,

[29:47] as Imanol and I have talked about,

[29:49] but it's just another protectionary measure,

[29:51] and it also gets all my equipment that's out in the open

[29:56] behind a closed structure.

[29:59] So I know sometimes heavy equipment can be an eyesore,

[30:03] so this tends to help that.

[30:08] - Thank you so much, Matt.

[30:10] Quick question for you.

[30:11] The equipment that you have

[30:12] that you're gonna be storing here,

[30:13] is it just stuff that you have for your personal property?

[30:16] Or is it used for commercial purposes?

[30:19] - [Matt] No, it's just a...

[30:20] I have an old Caterpillar that I run around on the property

[30:25] and a skip loader that I use

[30:27] to haul material up and down the hill.

[30:30] As you can see on the drawing,

[30:32] it's not a flat piece of property,

[30:34] so it's not easy to get rock or whatever,

[30:37] when we're doing landscaping in the yard,

[30:40] up and down the hill.

[30:44] - Well, thank you so much.

[30:45] I guess the other question I have for you,

[30:47] similar to the last application,

[30:49] have you had a chance

[30:50] to read through the conditions of approval,

[30:52] and do you have any issues or concerns

[30:55] with the recommendations by staff?

[30:57] - [Matt] I have not seen that,

[30:58] and maybe I missed it, Imanol, I'm sorry,

[31:01] but I'm happy to read that.

[31:04] I work for a builder, so I understand what they are.

[31:09] I can read through them quickly

[31:11] over the next day or two if I have to,

[31:14] but I don't tend to worry about too much.

[31:16] Are there some major concerns that you have

[31:18] that maybe you can bring up?

[31:20] - I just like to make sure

[31:21] that individuals have read through them

[31:23] so there's a familiarity.

[31:25] And know if there are concerns,

[31:27] prefer to discuss them upfront.

[31:29] So at that,

[31:33] I am gonna open up the public portion of the meeting,

[31:36] so any, excuse me, of this item,

[31:38] so anyone wishing to make a public comment on this item,

[31:41] please use the Raise Your Hand feature,

[31:43] which is located at the bottom of your screen.

[31:50] Okay, seeing none.

[31:52] I will now close the public hearing portion,

[31:56] but just give Matt,

[31:57] if you have any final comments that you'd like to make.

[32:00] - [Matt] Yeah, I have nothing from you guys

[32:02] in regards to the conditions,

[32:03] so I'm going back through all my emails with Imanol,

[32:07] so I have not seen them.

[32:08] But other than that, it's just a simple shop,

[32:12] tends to blend with in my own property.

[32:16] It's hidden pretty well.

[32:17] My concerns, I will be honest,

[32:19] are some of the trees are probably gonna have to be trimmed

[32:22] for insurance reasons,

[32:24] and all the new California rules that came out yesterday,

[32:27] but which could open it a bit.

[32:30] But again, it's going to be something simple

[32:33] that looks like a shop and painted as you guys request.

[32:35] I'm not looking to have something ugly on my property.

[32:39] - Okay.

[32:42] Well, appreciate that.

[32:45] So just to put on the record, I did go out to the site.

[32:51] I've driven by the site,

[32:52] and I don't have any concerns or objections to the project.

[32:58] Properties there in this neighborhood

[33:00] are significantly larger,

[33:02] and I think can accommodate a larger accessory structure

[33:06] than the standard is

[33:07] that's applied elsewhere within the city.

[33:12] Additionally, not only is it a larger site,

[33:16] but it has a considerable setback

[33:17] from the front property line

[33:18] with where the structure's being proposed to be located.

[33:21] So I am prepared to approve the project

[33:28] through the adoption of Resolution Number 26-11

[33:33] as recommended by staff,

[33:38] and with no modifications, just as recommended by staff.

[33:43] So anyone has the right to appeal my decision.

[33:47] There's a 10-day appeal period, which starts from today.

[33:50] If you're curious in appealing the decision,

[33:53] please reach out to Imanol

[33:54] and he can walk individuals through the process.

[33:58] And Matt, congratulations.

[34:00] We look forward to working with you

[34:01] as you pull building permits for this item.

[34:05] - [Matt] Appreciate it.

[34:06] Thank you, guys.

[34:06] - Thanks.

[34:08] Okay, moving on to the next item on the agenda,

[34:12] which is for 6606 Alhambra Avenue.

[34:15] It's for the finding of public convenience and necessity.

[34:18] Imanol, if I could please have a staff presentation.

[34:24] - Yes, thank you.

[34:25] As mentioned,

[34:26] this is the findings of public convenience or necessity

[34:29] for 6606 Alhambra Avenue.

[34:34] Project location, it is on a corner lot by Alhambra.

[34:39] It's an existing convenience store with a gas station.

[34:43] And the lot size is 23,522 square feet,

[34:48] and the floor area is 1,915.

[34:51] The surrounding land uses include retail, restaurants,

[34:55] and residential.

[34:56] The zoning here

[34:57] is going to be zoning Neighborhood Commercial.

[35:02] The proposed project is the expansion

[35:05] of the convenience store and gas station

[35:08] within the same footprint.

[35:09] And they include to have the sale of beer and wine,

[35:12] which requires a Type 20 alcohol license.

[35:17] The operating hours are Monday through Friday

[35:20] from 6:00 AM to 9:00 PM,

[35:22] and Saturday and Sunday from 7:00 AM to 9:00 PM.

[35:27] So on this slide here, you can see the census tract.

[35:32] The census tract highlighted is 3211.03.

[35:37] Each census tract allows a certain number of licenses

[35:41] based on the population.

[35:43] In this one, it allows up to two offsite alcohol licenses.

[35:47] The two active off-sale licenses

[35:51] include Safeway and Vinnie's Restaurant,

[35:54] and the address is here on Alhambra Avenue.

[35:58] This would be the third off-sale license

[36:05] that is being proposed.

[36:06] So with that, we would have to make through ABC,

[36:12] since it has reached a census tract

[36:14] and has reached a license that exceeds the amount,

[36:18] we would have to make a finding,

[36:20] a positive finding of public convenience or necessity

[36:24] before it can be approved.

[36:26] So staff's findings for this is that the proposed project

[36:29] will offer Martinez residents a wide range of beer and wine.

[36:34] It would provide in-service and retail

[36:37] that may not be found in a grocery store such as Safeway

[36:41] or in the restaurant such as Vinnie's.

[36:44] This would be a different service,

[36:45] and beer and wine is already permitted by right

[36:49] in the Neighborhood Commercial district

[36:51] where this resides in.

[36:52] So it's already permitted by right.

[36:54] No Conditional Use Permit is needed,

[36:57] but that positive finding of public convenience or necessity

[37:01] is required.

[37:03] But with that,

[37:04] staff is recommending to conduct a public hearing

[37:08] and adopt Zoning Administrator Resolution Number 26-22,

[37:12] approving a request to consider

[37:15] making a finding of public convenience or necessity

[37:17] for the sale of beer and wine Type 20 license

[37:21] due to the quantity of existing licenses in the census tract

[37:25] an existing gas station located at 6606 Alhambra Avenue

[37:30] in the Neighborhood Commercial zoning district,

[37:32] Assessor's Parcel Number 164-340-005-2.

[37:40] And with that, I am open to answering any questions.

[37:45] - Great.

[37:46] Thank you very much, Imanol.

[37:47] No questions at this time, but I will invite the applicant.

[37:50] You can unmute yourself,

[37:51] and if you'd like to make any comments or a presentation.

[37:55] - [Phani] Hello, Michael.

[37:56] Hello, Imanol.

[37:57] Thank you for giving me this opportunity.

[38:00] I just wanted to let you all know that we are expanding

[38:05] and modernizing the existing convenience stores.

[38:08] We are in fact closing the mechanic shop.

[38:11] It used to be oily and stuff.

[38:13] We wanna make this more convenient

[38:15] for the neighborhood customers to come in

[38:18] and buy all kinds of stuff like groceries,

[38:20] like, you know, food, beverages, snacks.

[38:24] We are also planning to put coffee, hot stuff,

[38:27] and pastries, and stuff like that.

[38:28] So it's kind of a wide variety that we are putting,

[38:31] including beer and wine.

[38:32] That's what I wanted to just appeal to everybody.

[38:37] - Okay, thank you very much, Phani.

[38:41] Same question that I've asked on the two previous comments.

[38:45] Have you had a chance to read

[38:46] through the draft resolution and conditions of approval,

[38:50] and do you have any issues or concerns

[38:51] with as recommended by staff?

[38:54] - [Phani] I have not read that, Michael.

[38:56] Sorry about that.

[38:57] But I will go through that,

[38:59] and I'll ensure that I don't have any concerns or issues.

[39:04] - Okay.

[39:06] Well, thank you very much.

[39:08] I would like to now invite members of the public

[39:11] that would like to comment on this item.

[39:14] You can do so by using the Raise Your Hand feature.

[39:19] Mark, please feel free to unmute yourself

[39:22] and make any comments.

[39:25] - [Mark] Good afternoon.

[39:26] Hello, Michael. - Hi, Mark.

[39:28] - [Mark] My name is Mark Weinman.

[39:30] I am the resident at 6601 Las Animas Drive,

[39:35] which is kind of directly behind

[39:38] where the Chevron station is.

[39:42] There's a vacant lot, and then there's homes,

[39:44] and I'm that first home right there.

[39:47] So I did have some questions

[39:53] that I hope might be able to be answered,

[39:55] especially with the...

[39:58] And I haven't looked

[39:59] through all of the conditions of approval,

[40:02] but one thing that I'm concerned with is,

[40:07] will there be any limitation on hours

[40:10] where beer and wine can be sold?

[40:13] And will there also be,

[40:18] I guess, a rule

[40:18] about not selling single cans of beer and things like that?

[40:25] Has that been addressed,

[40:28] or can you comment on that, I guess?

[40:32] Will there be any limitations to that respect?

[40:36] - Mark, I'll have staff respond to your questions

[40:40] as soon as you finish your public comments.

[40:42] - [Mark] Okay, thank you.

[40:44] Okay, so keep going.

[40:45] All right.

[40:49] Well, can you bring back up the presentation

[40:52] and go to the census tract map,

[40:54] 'cause I would just like to make a comment there,

[40:57] and I have a question around that.

[41:02] While you're pulling that up,

[41:03] the census tract, kind of the edge of the census tract

[41:07] is literally a block up the street.

[41:11] I think it's either at Devon or at Blue Ridge,

[41:17] or not Blue Ridge, Virginia Hills Drive.

[41:21] And the next census tract over, if you will,

[41:26] which is just down the street,

[41:28] there are several restaurants and other entities

[41:31] that also sell alcohol there.

[41:34] In addition, there is a Thai restaurant

[41:37] in the shopping center where the Chevron station is located

[41:43] that also has an application on its window

[41:46] stating that it is looking to sell alcohol

[41:51] at its establishment there.

[41:54] It's called Home Thai Restaurant.

[41:56] But was there consideration in looking at this?

[42:01] Well, I know that we're in 3211.03 here,

[42:04] but 3220,

[42:07] 3230,

[42:08] and I can't see the number of that, but 3470,

[42:12] that one line, kind of dividing line,

[42:14] I think is Alhambra and Pleasant Hill Road.

[42:18] And there's lots of,

[42:22] and I know that we go by census tract here,

[42:23] because I used to be on the planning commission,

[42:25] as Michael knows, for the city of Concord for years.

[42:29] Was there consideration

[42:30] in looking at neighboring census tracts

[42:33] and the concentration, if you will,

[42:35] of the liquor establishments there as well?

[42:40] I'm not opposed to this as much as I wanna make sure

[42:43] that we do have some of those limitations in place.

[42:46] There have, you know,

[42:47] being this close to the Chevron station,

[42:49] there have been issues before at night

[42:53] with fights and things going on around there.

[42:59] It's been pretty quiet lately though,

[43:00] so I do have to say I think the situation has improved

[43:03] over time,

[43:04] but I just wanna make sure

[43:05] that we're not gonna be adding any issues

[43:09] to the immediate area, since I'm really close to this.

[43:13] So I'll stop my comment there.

[43:16] I thank you,

[43:17] and appreciate the opportunity to bring this to you.

[43:21] - Great.

[43:22] Thank you, Mark.

[43:24] Imanol, if you wouldn't mind responding

[43:26] to the applicant's questions and comments.

[43:31] The neighbor's, I misspoke.

[43:34] - Thank you, Mark, for asking those questions.

[43:38] Yes, I'd be happy to answer them.

[43:39] So I know you asked about the alcohol,

[43:43] the sale of alcohol and the hours.

[43:46] They are open from 6:00 AM to 9:00 PM,

[43:49] so they won't be selling any time outside of that.

[43:51] And they will have to comply with ABC regulations.

[43:56] And this is in the conditions of approval.

[43:59] And if I do need to, I can also show them on screen.

[44:05] But typically with liquor stores,

[44:07] and anyone who is selling alcohol license,

[44:10] the police department has included

[44:13] some conditions of approval

[44:14] to make sure that alcohol is being sold

[44:18] compliant with ABC's rules and regulations.

[44:23] And it requires certain things

[44:25] like alcohol training for the employees.

[44:29] There are other ones.

[44:31] I can pull them up if you'd like.

[44:32] - [Mark] No, I'm looking at them right now,

[44:36] so you don't need to do that.

[44:38] - Yes, but those are conditions

[44:42] that the police department did have some input on,

[44:45] and are included here as well.

[44:49] Now, I think answering the question

[44:51] about if other tracts were considered for this,

[44:55] we were only looking at tract 3211.03.

[45:00] I do know that the other tracts mentioned,

[45:03] 3220 and 3230,

[45:07] I believe those belong to the city of Pleasant Hill.

[45:12] And this parcel is actually right on the edge

[45:18] of the city boundaries.

[45:20] So we did not consider what Pleasant Hill had,

[45:23] and the licenses, whether they're exceeding or at the limit.

[45:26] We just looked at the City of Martinez

[45:29] and this tract specifically.

[45:33] - [Mark] Okay, thank you.

[45:36] Maybe advice for the future.

[45:38] Even, you know, I do understand that, yes,

[45:41] when you cross the street down on Virginia Hills,

[45:43] it's Pleasant Hill basically there,

[45:46] and your jurisdiction is Martinez,

[45:49] but that doesn't belay the fact

[45:53] that they're still right next to each other here.

[45:58] So maybe in the future

[46:00] to at least think about and consider that.

[46:03] But I know that you're tied to the rules

[46:05] that you have to follow here, and everything like that.

[46:07] So, but again-

[46:11] - Mark, I do want to clarify also

[46:13] that this is not a request for a Conditional Use Permit

[46:16] where we would be looking at a wider area.

[46:18] It's only the request for the public convenience.

[46:21] It's only that portion.

[46:23] - [Mark] Yeah, that's helpful to understand too.

[46:25] I appreciate that.

[46:26] Thank you, Imanol. Thank you, Michael.

[46:28] You've answered my questions.

[46:29] - Appreciate it, Mark.

[46:30] And Imanol, I'll circle back to you,

[46:33] but can you point me to the condition of approval

[46:35] with the hours of selling alcoholic beverages?

[46:39] And while you're pulling that up to identify which number,

[46:43] is there anyone else who wishes to comment

[46:46] on this application?

[46:49] Okay.

[46:51] I will now bring it back to Phani

[46:53] if you'd like to respond to any of the comments

[46:56] that were expressed by members of the public.

[46:58] Now would be your chance to do so.

[47:02] - [Phani] Mark, really appreciate your comments.

[47:05] As Imanol said,

[47:07] we will ensure that our staff has proper training

[47:11] selling the alcohol.

[47:12] And of course,

[47:13] we'll maintain the timings that we have today.

[47:16] It's what Imanol has mentioned in the slide deck.

[47:20] And again, like you said, single beer, can selling

[47:25] is not one of the options for us,

[47:27] because they have to buy a case or something like that.

[47:29] So definitely I acknowledge your concerns,

[47:32] and we'll ensure that the neighborhood is safe.

[47:37] - Great.

[47:38] Thank you very much, Phani.

[47:40] - Thank you.

[47:41] - Imanol, did you have a chance

[47:42] to locate that condition of approval?

[47:45] - Yes.

[47:46] So I misspoke.

[47:47] The hours are not included,

[47:50] but we do have a condition for nuisance activities.

[47:54] That does speak of any illegal drug activity,

[47:59] public drunkenness, drinking in public.

[48:02] And typically those happen at nighttime.

[48:05] But this, especially as mentioned

[48:08] at the very end where it says,

[48:09] "Especially in the late night or early morning hours,

[48:12] lewd conduct or police detentions and arrest."

[48:16] So it vaguely describes

[48:17] about the timing and activity of this,

[48:20] but no specific hours on here,

[48:22] if that's something you are considering.

[48:24] - And what were the hours that you referenced

[48:26] that the alcoholic beverages were proposed to be sold?

[48:31] - So the store hours are only from 6:00 AM to 9:00 PM,

[48:36] 7:00 AM to 9:00 PM.

[48:38] So the alcohol should not be sold past store hours.

[48:43] So I do not think,

[48:45] and the applicant can confirm

[48:47] that it won't be sold after 9:00 PM.

[48:50] - [Phani] Yes, Imanol, that's very much, that's true.

[48:53] I thought it was 10:00,

[48:54] but I'll double confirm checking with that,

[48:57] my employee as well.

[48:59] We normally open from 6:00 AM to 10:00 PM, not 9:00.

[49:03] If that needs to be fixed, I will get that done.

[49:05] But other than that, you're right.

[49:07] We do not intend to open for selling any alcohol

[49:11] beyond our timings.

[49:15] - Okay.

[49:16] And Phani, is there a chance, the ability,

[49:18] that you can confirm those hours right now,

[49:20] since I'm hearing-

[49:21] - [Phani] I am, I'm just texting,

[49:22] and he just confirmed that it's 6:00 AM to 10:00 PM.

[49:28] It's not 9, 10 PM.

[49:29] Sorry about that.

[49:30] It may be my mistake.

[49:32] I filled it out wrong.

[49:33] That's why I just wanted to clarify that.

[49:34] - Okay, and I'm looking on Google and it says 9:00 PM.

[49:38] - [Phani] Okay.

[49:41] He says 10:00.

[49:44] It's weekends is 9:00 PM, Michael.

[49:48] That's what my employee, my manager says.

[49:51] - Oh, sorry.

[49:51] Weekends is 9:00 PM?

[49:53] - [Phani] Weekends is 7:00 AM to 9:00 PM, weekends.

[49:56] And weekdays, it's 6:00 AM to 10:00 PM.

[50:00] But I can change it if that's a concern.

[50:03] We'll ensure that we won't sell alcohol after 9:00 PM,

[50:06] if that's a concern.

[50:08] - Yeah,

[50:12] so I appreciate your flexibility, Phani.

[50:14] - [Phani] Yeah, I will ensure.

[50:15] Let me...

[50:17] Yeah, go ahead.

[50:19] - So I'm gonna close the public portion of the meeting.

[50:23] So again, thank you to everyone

[50:26] for coming out for this item,

[50:27] expressing comments and concerns

[50:28] and recommendations for the project

[50:30] to make it more successful.

[50:34] I generally am supportive of this project

[50:38] and can support the desire to diversify goods and services

[50:44] that are being offered by an existing business.

[50:47] These are challenging times,

[50:48] and things that can be done

[50:49] to help sustain a business in other ways, it's encouraged.

[50:55] I also appreciate the willingness of the business owner

[50:59] to work closely with neighbors

[51:03] to address any potential concerns,

[51:06] and also appreciate that the police department was involved

[51:10] and made recommendations

[51:12] that have been incorporated as conditions of approval,

[51:15] many of which were referenced by Imanol,

[51:17] including issues surrounding nuisance activities,

[51:24] the requirement for training,

[51:27] signage requirement, et cetera,

[51:31] as well as all of the requirements that ABC may impose.

[51:36] So I am prepared to approve the project

[51:42] as recommended by staff

[51:44] through the adoption of Resolution Number 26-22,

[51:50] making the finding of public convenience or necessity

[51:54] with one modification.

[51:58] I would like to add in a condition of approval

[52:02] that includes hours of operation

[52:04] for the sale of alcoholic beverages.

[52:07] And I would just,

[52:09] I'd like to make that a maximum of 6:00 AM to 9:00 PM.

[52:14] And Phani, I appreciate your flexibility,

[52:17] and really I'm going off of the fact

[52:20] that there are some residences

[52:22] quite close to where you are located,

[52:25] that it's not the primary function of your business,

[52:28] and the fact that looking online,

[52:30] those are the hours that currently are listed

[52:34] for the business.

[52:41] Upon support

[52:42] from the adjacent residences that run along,

[52:50] I'm trying to orient myself.

[52:52] If you get support from the majority of people

[52:56] who reside within 300 feet of the property,

[53:02] I would be flexible at a staff level

[53:04] extending that to 10 hours.

[53:07] And that can be done without the benefit of a public hearing

[53:09] if you get signed off by the majority of neighbors.

[53:11] But otherwise, 9:00 PM would be the end of the sale

[53:13] of alcoholic beverages.

[53:17] My decision can be appealed.

[53:19] Anyone can appeal a decision

[53:20] by filing an appeal within 10 days from today.

[53:24] If you're interested in doing so, please contact Imanol

[53:27] to discuss the requirements and process.

[53:29] Phani, congratulations.

[53:31] Mark, thank you for coming out this afternoon.

[53:34] And at that, it is 4:54.

[53:37] I will adjourn today's meeting.

[53:40] - [Phani] Thank you, Michael.

[53:41] Thank you, Imanol.

Zoning Administrator

Agenda

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