[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.