[3:35] Okay. Here we go. First of all, I'd like to welcome everybody to the zoning administrator

[3:40] meeting today. Just some quick reminders that the meeting can be viewed on Zoom. With the

[3:51] Zoom, it's on the Zoom number is on, located on the, excuse me, on the screen for you.

[4:04] In

[4:05] as well as streamlined on pinnall.gov.

[4:08] Just want to go over quick system participation.

[4:12] Persons wishing to speak on an item listed on the agenda

[4:14] may do so when the zoning administrator asks for comments

[4:17] in favor or in opposition of the item under consideration.

[4:21] After all those persons wishing to speak have done so,

[4:24] the hearing will be closed and the matter will be

[4:25] considered by the zoning administrator

[4:26] prior to rendering a decision.

[4:28] Any person may appeal in action

[4:31] and we'll get to that later on in the meeting.

[4:33] so with that I will call the meeting to order and before we begin we'd like to

[4:41] do a land acknowledgement we'd like to thank and we'd like to thank and

[4:45] acknowledge the Ohlone people who are the traditional custodians of this land

[4:49] we pay our respects to the Ohlone elders past present and future who call

[4:54] this place Ohlone land the land that Penol sits upon their home we are

[4:59] proud to continue their tradition of coming together coming together and

[5:03] growing as a community. We thank the Eloni community for their stewardship and support

[5:07] and we look forward to strengthening our ties as we continue our relationship

[5:11] of mutual respect and understanding. And citizens to be heard. We move straight on to item C

[5:17] which is citizens to be heard. The public may address the zoning administrator on items that

[5:22] are within its jurisdiction and not otherwise listed on the agenda. The zoning administrator

[5:26] may discuss the matter brought to their attention but by state law actions must be

[5:31] defer to future meeting. Time allowed for this is five minutes each. Justin, do we

[5:37] have anybody online? Anyone wants to make a comment? We do have people online. I'm

[5:43] no hands raised at the moment though. Okay, great. So we'll go straight. We do have a

[5:48] hand raised now. Okay. Call her with the phone number ending in 5748. So when

[5:54] you're ready, please press star six to unmute.

[6:06] Hello. Hi, we can hear you.

[6:09] hear me? Yes. Is this a public comment, citizens to be heard? Yes.

[6:19] So it doesn't have to be

[6:20] on the agenda per se or that we're going to have open comments to the public during

[6:28] for the agenda item as well. Yes. Yes, we will. All right. I'd like to make a public

[6:40] public comment.

[6:41] This is Anthony Wasbrink speaking on the behalf

[6:43] of citizens of, for a better panel senior center people

[6:50] and basically the taxpayers of the community

[6:54] of the city of Peno.

[6:55] And I hope the city manager is listening in on this

[6:59] as well as several of the city council men and women.

[7:04] But these items have been brought up numerous times

[7:07] before.

[7:08] And I hope Mr. Dave Venom can lead the way

[7:11] to direct the comments under the Ralph M. Brown Act

[7:15] to the right people to get these items brought

[7:20] to the forefront of what the city is facing

[7:25] with regard to public health, welfare and safety.

[7:29] Aside from Dave's chicken with these other items

[7:33] that have been brought up at numerous times

[7:35] with numerous people documented to certain people

[7:41] on the planning commission,

[7:43] certain people on the staff,

[7:45] certain people on the city council,

[7:47] as well as some people with confire

[7:53] and maybe not the right people

[7:55] with the library system or confire,

[7:58] but with the help of Dave Hennem

[8:00] before he leaves us high and dry here

[8:03] or without a capable, comfortable replacement.

[8:10] I hate to go over my laundry list again,

[8:13] because most of this is old news,

[8:16] but it better be people who need to step up to the plate

[8:20] so it can be addressed as very important new news,

[8:24] because if it doesn't happen,

[8:27] it won't happen come election time.

[8:29] You will see where the chips fall,

[8:31] as well as endorsing the position of our new city manager whether she can step up to the

[8:38] plate or not and handle some of these items that can be addressed that should have been addressed

[8:45] months if not years ago. The worst item is that with regard to the Cal trans

[8:54] lines and where they have been drawn so on in and around our city with the ingress in

[9:01] in the regress, there is problems.

[9:04] And I know Dave Hanna mentioned in the last meeting

[9:07] that they have an arrangement with child trans

[9:10] where there's a certain type of easement

[9:14] on either side of say a fence line or on ramp

[9:18] or off ramp per se.

[9:21] And I'll just use Pinot Valley Road I-80

[9:25] as one of the examples, you know,

[9:28] but there are numerous potholes all over the place

[9:33] on the on-ramp, before the on-ramp,

[9:36] way before the underpass,

[9:38] on either side of the underpass,

[9:41] on around that fence line,

[9:43] before the fence line, after the fence line,

[9:46] underneath the overpass,

[9:48] and the city needs to address that.

[9:50] Pick up the phone, write a letter,

[9:52] and document all of this that we have done,

[9:54] the public has done,

[9:56] but no we didn't get no support from Caltrans and no support from the city of

[10:01] Pinot to take care of these problems. The lights besides the pavos and the big

[10:07] giant alligator divots there and people's cars being messed up. The lights

[10:12] above on I-80 underpasses are out as well. They can't replace the

[10:17] light bulbs. Caltrans can't do there. The street lights on the on-ramp below

[10:23] So Jack in the box are out on the Caltrans on ramp, et cetera, et cetera.

[10:29] And that needs to be addressed.

[10:31] They finally got the weeds addressed, but I guess they're busy with that big over bridge

[10:39] over there in Crockett.

[10:42] But anyway, the other item was besides Caltrans and our agreement or lack of an agreement

[10:48] with CalTrans is the problem with the Tunolibrary situation.

[10:54] Okay, it was brought up several times

[10:55] that there's piles of debris.

[10:59] I just went there the other day

[11:00] and what was once two or three big piles of debris

[11:03] is now four giant piles of debris,

[11:06] probably enough to fill up two giant recycling trucks

[11:13] from Richmond Sanitary.

[11:15] and supposedly it's right behind the library around the creek line. Now that's

[11:21] county property someone told me but the county was told and they know and the

[11:26] city of Puneau knows that's behind there because people numerous people were

[11:30] told that I don't want to name names but they need to do something because it's

[11:35] a big fire. Thank you. Your time is up. Thank you. And the last the last

[11:41] That item is the parking lot divots in the library that need to be paid their lease.

[11:47] Have them finish the contract job and give us a decent slurry seal and nothing else to

[11:55] replace the parking lot with the build out of the rest of the library.

[12:01] Your time is up.

[12:03] Your time is up.

[12:05] Thank you.

[12:06] Thank you for those comments and we'll make sure that we get those to where they

[12:09] need to go in terms of the public works department. So are there any other public

[12:14] comment at this point? There are no other hands raised online. Okay so with that

[12:19] we'll go to item D which is a public hearing. At the beginning of an item the

[12:24] zoning administrator will read the description of the item that states on

[12:27] the agenda. A brief presentation on the proposed project will be given and for

[12:30] those items listed as public hearings the zoning administrator will open

[12:33] the public hearing and ask the applicant if they wish to make a

[12:36] presentation. Those persons in favor of the project will then be given an

[12:39] opportunity to speak followed by those who are opposed to the project. The

[12:43] applicant will then be given an opportunity for rebuttal. The public

[12:47] hearing will then be closed and the zoning administrator will

[12:50] consider the item. The zoning administrator will then vote to approve,

[12:54] deny, approve in modified form or continue the matter to a later date for

[12:58] decision. The zoning administrator will announce the decision and advise the

[13:02] audience of the appeal procedure. With that we have item number one which

[13:06] is a use permit for Dave's hot chicken, administrative use permit for Dave's hot chicken for outdoor

[13:12] seating and dining.

[13:13] So I'll give a brief presentation of the project and then we'll move forward and open

[13:19] the public hearing.

[13:20] Basically, kind of give some background.

[13:22] The applicant is seeking to approve an administrative use permit for the purpose of outdoor dining

[13:26] on their property located at 2714 Penal Valley Road in the Penal Valley Plaza Shopping

[13:32] Center.

[13:33] As part of the project there's a map as shown as figure one.

[13:37] The applicant will provide tables and chairs and garbage cans figure two shows the type

[13:41] of tables and chairs to be used in the project which are currently red, red, red tables and

[13:47] chairs with the tables that are bolted into the ground the chairs will be or be removed

[13:54] or pulled in each night. The project site is located along the west side of Penel Valley

[14:00] Road between Interstate 80 and States Avenue. Adjacent land uses are summarized by to the

[14:05] north as Interstate 80, to the west as existing residential uses, which is right behind the

[14:11] Sarah Drive estates. To the south is existing commercial mixed-use development in Pendle

[14:16] Valley High School. And to the east, existing single-family residential units as well as

[14:21] commercial mixed-use businesses. In July of 2026, Dave's Hot Chickens Company

[14:27] submit an application for administrative use permit for outdoor dining in which

[14:31] section 17.68 of the O2O of the Penal Municipal Code regulates outdoor dining

[14:37] within the City of Penal and section 17.68020 E1 requires that findings to

[14:43] be made for approval of this project. In terms of the general plan consistency

[14:48] goals LU7 of the land use and economic development element calls for

[14:52] balancing housing and employment opportunities to reduce trips in and

[14:56] out of the region and encourage commercial development which maintains it.

[15:00] It enhances the quality of the city's commercial area to create a climate that supports existing

[15:05] businesses and provides basic goods and services for residents and broadening the tax base of

[15:10] the community to provide revenues for public services.

[15:13] This expansion will provide additional services for the panel residents and visitors and would

[15:17] help support a local business that generates sales tax revenue for the city.

[15:21] The request is also consistent with goal LU-8 of the land use and economic development

[15:28] element, which calls for concentrating commercial development and mixed use activity areas within

[15:33] major transportation corridors, including Penel Valley Road.

[15:38] As part of the zoning, this property has a zoning of commercial mixed use in the three

[15:42] corridors specific plan and restaurants are permitted use within the zoning district.

[15:47] And so with this project, we have the findings that are required as part of 17.68.

[15:53] And what I'll do is I'll go over the findings and then I will give my determination

[15:57] of each finding and then the result and move forward.

[16:01] The three findings that are,

[16:02] there are the four findings that are made,

[16:03] that are required to be made is,

[16:05] one is to encroach onto a continuous pedestrian path

[16:08] or travel of at least six feet in width.

[16:10] It will not extract pedestrian and wheelchair access.

[16:14] B, unduly interfere with pedestrian traffic

[16:17] on the sidewalk.

[16:19] C, unduly interfere with access of public employees

[16:22] and utility workers to meters, fire hydrants

[16:25] or other objects, which we call street hardware in the right of way, and D, block or obstruct

[16:32] the view of necessary traffic devices.

[16:34] So in terms of finding number A, DSOP chicks will install these tables into the concrete

[16:39] adjacent to the building.

[16:41] By installing the tables adjacent to the building, there is sufficient pedestrian access of

[16:45] six feet in width so that the pedestrians will be able to access other parts of

[16:49] Center as seen as figure 2 in the report. Based on that, the staff has determined that the

[16:59] finding has been met. In terms of finding B, this project will not interfere with pedestrian

[17:04] traffic on the sidewalk. The diagram that was submitted by Dave's Hot Chicken shows

[17:08] that customers will have more than enough space for pedestrian traffic as well as be

[17:13] to enter and exit the building, because you can still go in and exit. Also there are other

[17:20] there are able there are other businesses along that corridor that also have outdoor dining that

[17:25] also have pedestrian access as well. So based on that determination staff has determined that

[17:31] this finding has been met. In terms of C, unduly interfere with access of public employees

[17:37] and utility workers to meters, fire hydrants or other objects. Where the outdoor eating

[17:42] area is located. It does not interfere with the access of the public employees and utility

[17:47] workers to meters. Most of the meters are on the buildings and on the backside of the buildings.

[17:52] In this case, as well as fire hydrants, the fire hydrants are located within other areas

[18:00] of the center. However, there is no fire hydrant within this area. And in terms

[18:05] of other objects such as street hardware, since the restaurant is actually off of

[18:10] Penal Valley Road and within the shopping center itself there is no interference of that

[18:16] in which staff is determined that this finding has been met.

[18:20] And then block or obstruct the view of necessary traffic devices.

[18:24] The project is located on private property that does not enter the right of way or block

[18:31] the view of intersections.

[18:33] The project is not adjacent to the street or driveways of the center.

[18:36] The tables and chairs are set back adjacent to the building.

[18:39] Based on that analysis, staff has determined that this finding has been met.

[18:46] In terms of the environmental review of this project, this project has been categorically

[18:50] exempt per Section 15301, existing facilities of the California Environmental Quality Act

[18:55] guidelines, and that it consists of no physical expansion of existing businesses within

[18:59] an existing mixed-use commercial building, meaning that in terms of the expansion

[19:05] outside it is the whole shopping center was part of the environmental when the

[19:10] shopping center was came in there were findings as part of that environmental

[19:14] document that would allow for any type of outdoor dining or any other type of

[19:19] outdoor use within that project area so with that staff is recommending that

[19:26] the zoning administrator staff

[19:36] is recommending that the zoning

[19:37] administrator adopt resolution 2601 approving an administrative use

[19:43] permit 2,6002 to allow outdoor dining located at 2,714 Penal Valley Road for Dave's Hot

[19:52] Chicken.

[19:53] But the record also show that as part of the resolution there are 13 conditions that the

[19:58] applicant will have to adhere to as part of this project.

[20:00] And so with that, that is my presentation.

[20:03] And so I will now open the public hearing.

[20:09] And Justin, is there anybody online who wants to speak?

[20:15] I see several people online right now.

[20:18] I don't see a hand raised from potential applicants,

[20:21] but we do have a public comment.

[20:23] We do have a public comment?

[20:24] Yeah.

[20:24] And what's the public comment?

[20:27] Same color.

[20:29] And phone number any 5748, Anthony.

[20:31] OK.

[20:33] Since the applicant is not here,

[20:37] is not making a statement, if this applicant is there

[20:41] anybody who's in favor of the project, which is to speak,

[20:43] They can speak now or if there's anybody who is against the projects may speak at this point. So go ahead and let them in.

[20:51] And this has, they have five minutes.

[20:58] Okay, Anthony, when you're available, please press star six to unmute.

[21:06] Hello, can you hear me?

[21:10] Hello.

[21:10] Yes, my name is Anthony Vosbrink,

[21:13] senior citizen, long-time taxpayer of Pinot, homeowner.

[21:19] And I'm very familiar with that property

[21:22] and what is being presented here.

[21:25] And for the following reasons, myself and others,

[21:30] members of the shopping community

[21:32] and Pinot Valley Shopping Center,

[21:34] the senior center and voting members of the public

[21:38] or against Dave's chicken that resolution,

[21:42] regardless of some of the conditions

[21:45] you have put down there,

[21:47] or maybe we need to add a few more on top of that,

[21:50] that have been somewhat passed over or ignored

[21:54] because this is no basic boilerplate

[21:58] slash cookie cutter type permit request by Dave's chicken.

[22:04] Because as it stands now,

[22:05] Dave's chicken has upset the whole outside public access environment in that

[22:13] business shopping center corridor that's already highly trafficked by pedestrian

[22:19] shopping carts going up and down in front of Dave's chicken and it had been

[22:23] before Dave's chicken went in there okay and since Dave's chicken has gone in

[22:28] there several of the business owners have complained about it to me and other

[22:32] people. Feed-up music, Trader Joe's, T-Mobile, Granite, and some even the other restaurants.

[22:40] But in addition to that, several restaurants as Dave Hanham has been told and put on notice with

[22:45] the Planning Commission earlier in the year, several times, that's three or four meetings by

[22:51] myself. It's not some other people. It's that, you know, they have created a problem there

[22:58] because it's like a beehive as it is and and and the other competing businesses outdoor indoor

[23:06] businesses have added more tables and have put more obstructions there. Dave's chicken does not

[23:12] need five big red tables facing perpendicular to the parking lot obstructing 40 to 50 percent of

[23:21] that sidewalk. Granted they met the six foot thoroughfare but people have seen bumped into

[23:26] that with shopping carts, people with dogs have tripped and got stuck on the bottom of

[23:31] the tables because they're permanently bolted down there and they shouldn't be permanently

[23:36] bolted down they should be removed if not completely at least that after business hours

[23:42] and they should be turned around in the other direction if you're going to put a

[23:46] condition and cut the number of tables down from four to five out front and another

[23:51] three to four, wrap another three tables I believe are wrapped around the side, three to a quarter.

[23:58] They don't need that kind of extra advertising and exposure. The tables are very rarely used at all.

[24:05] Every other time myself and other people have been by there, there's only one person or one group

[24:11] dining on one table outside on the front or the quarter. And if you go later in the day after

[24:20] school maybe two tables are taken up or three but two out of the three if not three out of the

[24:26] four are taken up with school kids loitering uh talking business stories and other things

[24:32] they don't need we don't need to have that kind of an attraction over there in that already

[24:36] business uh foot traffic and congested car traffic quarter where people are getting in

[24:43] and out of their cars double triple parking and trying to get in and out of Trader Joe's

[24:48] and some of the established businesses,

[24:50] plus we're setting a precedent

[24:52] for the other neighboring businesses

[24:54] that they're gonna have to apply.

[24:57] Sure, we get a permit fee or whatever else,

[25:00] but other businesses will say,

[25:01] well, Dave's can have five or eight tables out there

[25:04] facing that way up to 40 to 50% of the sidewalk.

[25:08] We're gonna do it likewise.

[25:10] And it's a situation that just has to be addressed.

[25:13] And I suggest that they do not pass this resolution

[25:19] 2601 or 2602 without further discussion.

[25:25] If no discussion, put on further conditions

[25:30] to limit the amount of tables out there,

[25:32] face them the other way

[25:33] and take the tables out of the corridor

[25:36] that is a fire hazard.

[25:38] If the fire truck has to come in and out of that corridor

[25:41] and wrap around that corner trying to put out a fire

[25:44] in one of the neighboring businesses.

[25:46] They might trip up there and not push the pedestrians

[25:49] up against the building or push them out over the curb

[25:52] into that parking area, which is already congested

[25:57] with people and vehicles like that

[26:00] with regard to public access, public health

[26:03] and safety and welfare and the quality of life.

[26:08] and Pinot does not need Dave's chicken with seven or eight new tables outside.

[26:14] They can't even feel the inside of their business as it stands, okay,

[26:19] and their signage is bright all night. I would question to look at the signage they have too

[26:26] with their lights being too bright rather than somewhere down by

[26:29] uptown yard by some planning commissioner that was questioning two or three light bulbs there,

[26:35] but I appreciate your consideration in my recommendations

[26:41] with others behind me backing it.

[26:44] Thank you.

[26:45] All

[26:51] right.

[26:52] Any other comments or

[26:56] concerns?

[26:57] I do see colors, but no hands raised online.

[27:00] No hands raised online?

[27:01] Okay. So with that, staff will close the,

[27:06] if there's no more comments.

[27:08] Seeing none, close the public hearing.

[27:12] So basically, you know, these businesses, these restaurants, this is just another, what we would call another amenity that allows them to do business in the city.

[27:29] Outdoor dining is a component that sometimes it may seem like they're not being used, but there could be days where they are.

[27:38] I think this is something that we have in all the shopping centers or at least most of the shopping centers that have have restaurants within our community

[27:45] Most of them have at least some area within there that they can that they can sit down and enjoy a meal or

[27:52] Sit down outside and do that

[27:54] I know that's something that the city has been looking looking at for many restaurants either in the downtown area as well as our

[28:02] our our other

[28:05] There are other shopping centers with the restaurants in them.

[28:09] I think one of the conditions that I think needs to be outlined is that they do need

[28:16] to maintain the six-foot width.

[28:18] They do need to maintain that their areas and their furniture is maintained in a quality

[28:25] manner in terms of like no graffiti, if the tables and chairs are starting to crack

[28:30] they'll need to replace those as part of as part of this project as part of the conditions.

[28:37] Also there shall be based on what they have out there right now there should be no expansion

[28:41] without further review from the city. It's condition number number eight states that any

[28:46] outdoor expansion in the future shall require further review and approval through the appropriate

[28:50] use permitted amendment or new entitlement application process which should have to be

[28:55] reviewed by either the planning administrator or the zoning administrator again. So they'd have to

[29:00] resubmit. I do also it should be noted there's a condition regarding that there shall be no outdoor

[29:10] store dining furniture shall be stored inside all that all the outdoor dining furniture shall be

[29:15] stored inside the building when the business is closed. So all the chairs will need to come in

[29:23] I think the staff put together a list of conditions that should at least be able to allow Dave's

[29:31] touch again to have outdoor dining there.

[29:34] And it has also the ability that if it gets out of control and if there are major complaints

[29:39] that are being registered to the community development department that code enforcement

[29:44] not only has the standard code enforcement issues but also the condition of approval

[29:48] to remove the permit and remove the tables and chairs.

[29:53] So with that,

[29:58] I don't see anything.

[30:00] And that's kind of my explanation of, in terms of the issues with the caller. So with that basically

[30:15] I have to, the public, the zoning minister will consider the item. The zoning minister will

[30:21] then approve, vote to approve, deny or approve in modified form or to a later date for a decision.

[30:27] So basically what I'm going to do is I'm going to approve Resolution 2601 allowing for the outdoor dining.

[30:38] However, I am going to modify a condition regarding the tables and chairs,

[30:45] the number of tables and chairs in condition number,

[30:52] or

[31:12] basically add a condition 14 that states there

[31:21] shall be no more

[31:27] than eight

[31:28] tables along

[31:36] the business frontage.

[31:45] So basically what I've done is I've kind of

[31:49] so then I've limited the number they can't have any more than that if they

[31:54] have more than that outside they'll have to reduce it down to eight and so

[31:59] to help accommodate that, to make sure, especially the tables that are going around the front

[32:06] are going along the side that access can get through there.

[32:09] We don't want to clog up that middle, so that's only the added condition.

[32:13] So with that, Sony Administrator passes resolution, approves resolution 2601 with the added

[32:22] condition number 14.

[32:23] There should be no more than eight tables along the business frontage.

[32:26] and with that I vote to approve the project so so with that I have to

[32:36] announce the appeal process because if if if there is any person that wishes to

[32:41] appeal the action of the zoning administrator they may file an appeal

[32:48] with the city clerk in writing within 10 days of such action the appeal

[32:52] will be considered by the planning commission following a public hearing the

[32:55] The planning commission may act to confirm, modify, or reverse the action of the zoning administrator.

[33:00] The cost of the appeal to decision is $500 and a minimum of $2,500 deposit fee.

[33:07] Note, if you challenge a decision regarding a project in court, you may be limited to raising only those issues you or

[33:13] someone else raised at the public hearing or in writing delivered to the city of Penal at or prior to the public hearing.

[33:20] Thank you.

[33:22] So with that, I'll be moving on to item number E,

[33:30] new business, which we don't have any at this point.

[33:35] So at this point, I will adjourn the meeting.

Zoning Administrator Meeting

Transcript