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Okay. Here we go. First of all, I'd like to welcome everybody to the zoning administrator

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meeting today. Just some quick reminders that the meeting can be viewed on Zoom. With the

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Zoom, it's on the Zoom number is on, located on the, excuse me, on the screen for you.

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In

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as well as streamlined on pinnall.gov.

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Just want to go over quick system participation.

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Persons wishing to speak on an item listed on the agenda

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may do so when the zoning administrator asks for comments

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in favor or in opposition of the item under consideration.

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After all those persons wishing to speak have done so,

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the hearing will be closed and the matter will be

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considered by the zoning administrator

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prior to rendering a decision.

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Any person may appeal in action

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and we'll get to that later on in the meeting.

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so with that I will call the meeting to order and before we begin we'd like to

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do a land acknowledgement we'd like to thank and we'd like to thank and

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acknowledge the Ohlone people who are the traditional custodians of this land

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we pay our respects to the Ohlone elders past present and future who call

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this place Ohlone land the land that Penol sits upon their home we are

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proud to continue their tradition of coming together coming together and

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growing as a community. We thank the Eloni community for their stewardship and support

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and we look forward to strengthening our ties as we continue our relationship

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of mutual respect and understanding. And citizens to be heard. We move straight on to item C

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which is citizens to be heard. The public may address the zoning administrator on items that

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are within its jurisdiction and not otherwise listed on the agenda. The zoning administrator

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may discuss the matter brought to their attention but by state law actions must be

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defer to future meeting. Time allowed for this is five minutes each. Justin, do we

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have anybody online? Anyone wants to make a comment? We do have people online. I'm

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

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hand raised now. Okay. Call her with the phone number ending in 5748. So when

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you're ready, please press star six to unmute.

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Hello. Hi, we can hear you.

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hear me? Yes. Is this a public comment, citizens to be heard? Yes.

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So it doesn't have to be

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on the agenda per se or that we're going to have open comments to the public during

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

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public comment.

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This is Anthony Wasbrink speaking on the behalf

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of citizens of, for a better panel senior center people

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and basically the taxpayers of the community

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of the city of Peno.

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And I hope the city manager is listening in on this

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as well as several of the city council men and women.

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But these items have been brought up numerous times

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before.

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And I hope Mr. Dave Venom can lead the way

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to direct the comments under the Ralph M. Brown Act

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to the right people to get these items brought

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to the forefront of what the city is facing

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with regard to public health, welfare and safety.

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Aside from Dave's chicken with these other items

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that have been brought up at numerous times

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with numerous people documented to certain people

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on the planning commission,

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certain people on the staff,

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certain people on the city council,

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as well as some people with confire

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and maybe not the right people

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with the library system or confire,

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but with the help of Dave Hennem

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before he leaves us high and dry here

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or without a capable, comfortable replacement.

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I hate to go over my laundry list again,

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because most of this is old news,

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but it better be people who need to step up to the plate

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so it can be addressed as very important new news,

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because if it doesn't happen,

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it won't happen come election time.

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You will see where the chips fall,

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as well as endorsing the position of our new city manager whether she can step up to the

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plate or not and handle some of these items that can be addressed that should have been addressed

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months if not years ago. The worst item is that with regard to the Cal trans

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lines and where they have been drawn so on in and around our city with the ingress in

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in the regress, there is problems.

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And I know Dave Hanna mentioned in the last meeting

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that they have an arrangement with child trans

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where there's a certain type of easement

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on either side of say a fence line or on ramp

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or off ramp per se.

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And I'll just use Pinot Valley Road I-80

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as one of the examples, you know,

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but there are numerous potholes all over the place

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on the on-ramp, before the on-ramp,

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way before the underpass,

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on either side of the underpass,

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on around that fence line,

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before the fence line, after the fence line,

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underneath the overpass,

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and the city needs to address that.

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Pick up the phone, write a letter,

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and document all of this that we have done,

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the public has done,

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but no we didn't get no support from Caltrans and no support from the city of

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Pinot to take care of these problems. The lights besides the pavos and the big

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giant alligator divots there and people's cars being messed up. The lights

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above on I-80 underpasses are out as well. They can't replace the

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light bulbs. Caltrans can't do there. The street lights on the on-ramp below

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So Jack in the box are out on the Caltrans on ramp, et cetera, et cetera.

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And that needs to be addressed.

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They finally got the weeds addressed, but I guess they're busy with that big over bridge

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over there in Crockett.

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But anyway, the other item was besides Caltrans and our agreement or lack of an agreement

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with CalTrans is the problem with the Tunolibrary situation.

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Okay, it was brought up several times

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that there's piles of debris.

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I just went there the other day

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and what was once two or three big piles of debris

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is now four giant piles of debris,

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probably enough to fill up two giant recycling trucks

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from Richmond Sanitary.

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and supposedly it's right behind the library around the creek line. Now that's

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county property someone told me but the county was told and they know and the

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city of Puneau knows that's behind there because people numerous people were

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told that I don't want to name names but they need to do something because it's

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a big fire. Thank you. Your time is up. Thank you. And the last the last

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That item is the parking lot divots in the library that need to be paid their lease.

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Have them finish the contract job and give us a decent slurry seal and nothing else to

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replace the parking lot with the build out of the rest of the library.

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Your time is up.

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Your time is up.

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Thank you.

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Thank you for those comments and we'll make sure that we get those to where they

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need to go in terms of the public works department. So are there any other public

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comment at this point? There are no other hands raised online. Okay so with that

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we'll go to item D which is a public hearing. At the beginning of an item the

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zoning administrator will read the description of the item that states on

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the agenda. A brief presentation on the proposed project will be given and for

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those items listed as public hearings the zoning administrator will open

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the public hearing and ask the applicant if they wish to make a

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presentation. Those persons in favor of the project will then be given an

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opportunity to speak followed by those who are opposed to the project. The

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applicant will then be given an opportunity for rebuttal. The public

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hearing will then be closed and the zoning administrator will

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consider the item. The zoning administrator will then vote to approve,

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deny, approve in modified form or continue the matter to a later date for

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decision. The zoning administrator will announce the decision and advise the

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audience of the appeal procedure. With that we have item number one which

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is a use permit for Dave's hot chicken, administrative use permit for Dave's hot chicken for outdoor

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seating and dining.

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

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the public hearing.

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Basically, kind of give some background.

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The applicant is seeking to approve an administrative use permit for the purpose of outdoor dining

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on their property located at 2714 Penal Valley Road in the Penal Valley Plaza Shopping

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Center.

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As part of the project there's a map as shown as figure one.

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The applicant will provide tables and chairs and garbage cans figure two shows the type

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of tables and chairs to be used in the project which are currently red, red, red tables and

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chairs with the tables that are bolted into the ground the chairs will be or be removed

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or pulled in each night. The project site is located along the west side of Penel Valley

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Road between Interstate 80 and States Avenue. Adjacent land uses are summarized by to the

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north as Interstate 80, to the west as existing residential uses, which is right behind the

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Sarah Drive estates. To the south is existing commercial mixed-use development in Pendle

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Valley High School. And to the east, existing single-family residential units as well as

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commercial mixed-use businesses. In July of 2026, Dave's Hot Chickens Company

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submit an application for administrative use permit for outdoor dining in which

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section 17.68 of the O2O of the Penal Municipal Code regulates outdoor dining

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within the City of Penal and section 17.68020 E1 requires that findings to

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be made for approval of this project. In terms of the general plan consistency

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goals LU7 of the land use and economic development element calls for

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balancing housing and employment opportunities to reduce trips in and

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out of the region and encourage commercial development which maintains it.

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It enhances the quality of the city's commercial area to create a climate that supports existing

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businesses and provides basic goods and services for residents and broadening the tax base of

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the community to provide revenues for public services.

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This expansion will provide additional services for the panel residents and visitors and would

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help support a local business that generates sales tax revenue for the city.

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The request is also consistent with goal LU-8 of the land use and economic development

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element, which calls for concentrating commercial development and mixed use activity areas within

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major transportation corridors, including Penel Valley Road.

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As part of the zoning, this property has a zoning of commercial mixed use in the three

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corridors specific plan and restaurants are permitted use within the zoning district.

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And so with this project, we have the findings that are required as part of 17.68.

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And what I'll do is I'll go over the findings and then I will give my determination

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of each finding and then the result and move forward.

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The three findings that are,

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there are the four findings that are made,

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that are required to be made is,

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one is to encroach onto a continuous pedestrian path

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or travel of at least six feet in width.

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It will not extract pedestrian and wheelchair access.

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B, unduly interfere with pedestrian traffic

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on the sidewalk.

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C, unduly interfere with access of public employees

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and utility workers to meters, fire hydrants

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or other objects, which we call street hardware in the right of way, and D, block or obstruct

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the view of necessary traffic devices.

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So in terms of finding number A, DSOP chicks will install these tables into the concrete

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adjacent to the building.

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By installing the tables adjacent to the building, there is sufficient pedestrian access of

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six feet in width so that the pedestrians will be able to access other parts of

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Center as seen as figure 2 in the report. Based on that, the staff has determined that the

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finding has been met. In terms of finding B, this project will not interfere with pedestrian

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traffic on the sidewalk. The diagram that was submitted by Dave's Hot Chicken shows

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that customers will have more than enough space for pedestrian traffic as well as be

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to enter and exit the building, because you can still go in and exit. Also there are other

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there are able there are other businesses along that corridor that also have outdoor dining that

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also have pedestrian access as well. So based on that determination staff has determined that

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this finding has been met. In terms of C, unduly interfere with access of public employees

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and utility workers to meters, fire hydrants or other objects. Where the outdoor eating

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area is located. It does not interfere with the access of the public employees and utility

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workers to meters. Most of the meters are on the buildings and on the backside of the buildings.

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In this case, as well as fire hydrants, the fire hydrants are located within other areas

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of the center. However, there is no fire hydrant within this area. And in terms

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of other objects such as street hardware, since the restaurant is actually off of

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Penal Valley Road and within the shopping center itself there is no interference of that

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in which staff is determined that this finding has been met.

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And then block or obstruct the view of necessary traffic devices.

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The project is located on private property that does not enter the right of way or block

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the view of intersections.

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The project is not adjacent to the street or driveways of the center.

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The tables and chairs are set back adjacent to the building.

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Based on that analysis, staff has determined that this finding has been met.

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In terms of the environmental review of this project, this project has been categorically

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exempt per Section 15301, existing facilities of the California Environmental Quality Act

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guidelines, and that it consists of no physical expansion of existing businesses within

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an existing mixed-use commercial building, meaning that in terms of the expansion

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outside it is the whole shopping center was part of the environmental when the

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shopping center was came in there were findings as part of that environmental

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document that would allow for any type of outdoor dining or any other type of

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outdoor use within that project area so with that staff is recommending that

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the zoning administrator staff

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is recommending that the zoning

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administrator adopt resolution 2601 approving an administrative use

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permit 2,6002 to allow outdoor dining located at 2,714 Penal Valley Road for Dave's Hot

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Chicken.

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But the record also show that as part of the resolution there are 13 conditions that the

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applicant will have to adhere to as part of this project.

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And so with that, that is my presentation.

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And so I will now open the public hearing.

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And Justin, is there anybody online who wants to speak?

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I see several people online right now.

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I don't see a hand raised from potential applicants,

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but we do have a public comment.

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We do have a public comment?

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Yeah.

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And what's the public comment?

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Same color.

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And phone number any 5748, Anthony.

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OK.

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Since the applicant is not here,

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is not making a statement, if this applicant is there

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anybody who's in favor of the project, which is to speak,

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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.

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And this has, they have five minutes.

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Okay, Anthony, when you're available, please press star six to unmute.

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Hello, can you hear me?

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Hello.

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Yes, my name is Anthony Vosbrink,

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senior citizen, long-time taxpayer of Pinot, homeowner.

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And I'm very familiar with that property

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and what is being presented here.

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And for the following reasons, myself and others,

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members of the shopping community

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and Pinot Valley Shopping Center,

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the senior center and voting members of the public

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or against Dave's chicken that resolution,

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regardless of some of the conditions

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you have put down there,

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or maybe we need to add a few more on top of that,

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that have been somewhat passed over or ignored

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because this is no basic boilerplate

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slash cookie cutter type permit request by Dave's chicken.

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Because as it stands now,

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Dave's chicken has upset the whole outside public access environment in that

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business shopping center corridor that's already highly trafficked by pedestrian

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shopping carts going up and down in front of Dave's chicken and it had been

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before Dave's chicken went in there okay and since Dave's chicken has gone in

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there several of the business owners have complained about it to me and other

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

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But in addition to that, several restaurants as Dave Hanham has been told and put on notice with

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the Planning Commission earlier in the year, several times, that's three or four meetings by

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myself. It's not some other people. It's that, you know, they have created a problem there

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because it's like a beehive as it is and and and the other competing businesses outdoor indoor

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businesses have added more tables and have put more obstructions there. Dave's chicken does not

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need five big red tables facing perpendicular to the parking lot obstructing 40 to 50 percent of

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that sidewalk. Granted they met the six foot thoroughfare but people have seen bumped into

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that with shopping carts, people with dogs have tripped and got stuck on the bottom of

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the tables because they're permanently bolted down there and they shouldn't be permanently

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bolted down they should be removed if not completely at least that after business hours

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and they should be turned around in the other direction if you're going to put a

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condition and cut the number of tables down from four to five out front and another

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three to four, wrap another three tables I believe are wrapped around the side, three to a quarter.

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

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Every other time myself and other people have been by there, there's only one person or one group

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dining on one table outside on the front or the quarter. And if you go later in the day after

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school maybe two tables are taken up or three but two out of the three if not three out of the

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four are taken up with school kids loitering uh talking business stories and other things

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they don't need we don't need to have that kind of an attraction over there in that already

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business uh foot traffic and congested car traffic quarter where people are getting in

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and out of their cars double triple parking and trying to get in and out of Trader Joe's

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and some of the established businesses,

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plus we're setting a precedent

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for the other neighboring businesses

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that they're gonna have to apply.

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Sure, we get a permit fee or whatever else,

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but other businesses will say,

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well, Dave's can have five or eight tables out there

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facing that way up to 40 to 50% of the sidewalk.

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We're gonna do it likewise.

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And it's a situation that just has to be addressed.

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And I suggest that they do not pass this resolution

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2601 or 2602 without further discussion.

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If no discussion, put on further conditions

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to limit the amount of tables out there,

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face them the other way

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and take the tables out of the corridor

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that is a fire hazard.

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If the fire truck has to come in and out of that corridor

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and wrap around that corner trying to put out a fire

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in one of the neighboring businesses.

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They might trip up there and not push the pedestrians

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up against the building or push them out over the curb

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into that parking area, which is already congested

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with people and vehicles like that

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with regard to public access, public health

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and safety and welfare and the quality of life.

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and Pinot does not need Dave's chicken with seven or eight new tables outside.

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They can't even feel the inside of their business as it stands, okay,

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and their signage is bright all night. I would question to look at the signage they have too

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with their lights being too bright rather than somewhere down by

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uptown yard by some planning commissioner that was questioning two or three light bulbs there,

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but I appreciate your consideration in my recommendations

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with others behind me backing it.

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Thank you.

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All

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right.

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Any other comments or

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concerns?

331
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I do see colors, but no hands raised online.

332
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No hands raised online?

333
00:27:01,540 --> 00:27:06,360
Okay. So with that, staff will close the,

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if there's no more comments.

335
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Seeing none, close the public hearing.

336
00:27:12,480 --> 00:27:28,820
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.

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00:27:29,760 --> 00:27:38,380
Outdoor dining is a component that sometimes it may seem like they're not being used, but there could be days where they are.

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00:27:38,380 --> 00:27:45,360
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

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

340
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Sit down outside and do that

341
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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

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00:28:02,520 --> 00:28:04,040
our our other

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00:28:05,320 --> 00:28:08,820
There are other shopping centers with the restaurants in them.

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I think one of the conditions that I think needs to be outlined is that they do need

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to maintain the six-foot width.

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They do need to maintain that their areas and their furniture is maintained in a quality

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manner in terms of like no graffiti, if the tables and chairs are starting to crack

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00:28:30,080 --> 00:28:35,540
they'll need to replace those as part of as part of this project as part of the conditions.

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Also there shall be based on what they have out there right now there should be no expansion

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without further review from the city. It's condition number number eight states that any

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00:28:46,560 --> 00:28:50,240
outdoor expansion in the future shall require further review and approval through the appropriate

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00:28:50,240 --> 00:28:55,460
use permitted amendment or new entitlement application process which should have to be

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reviewed by either the planning administrator or the zoning administrator again. So they'd have to

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00:29:00,760 --> 00:29:10,340
resubmit. I do also it should be noted there's a condition regarding that there shall be no outdoor

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00:29:10,340 --> 00:29:15,380
store dining furniture shall be stored inside all that all the outdoor dining furniture shall be

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stored inside the building when the business is closed. So all the chairs will need to come in

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

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touch again to have outdoor dining there.

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And it has also the ability that if it gets out of control and if there are major complaints

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that are being registered to the community development department that code enforcement

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00:29:44,460 --> 00:29:48,940
not only has the standard code enforcement issues but also the condition of approval

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to remove the permit and remove the tables and chairs.

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00:29:53,780 --> 00:29:56,060
So with that,

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I don't see anything.

365
00:30:00,000 --> 00:30:13,520
And that's kind of my explanation of, in terms of the issues with the caller. So with that basically

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00:30:15,250 --> 00:30:21,250
I have to, the public, the zoning minister will consider the item. The zoning minister will

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00:30:21,250 --> 00:30:27,870
then approve, vote to approve, deny or approve in modified form or to a later date for a decision.

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00:30:27,870 --> 00:30:38,650
So basically what I'm going to do is I'm going to approve Resolution 2601 allowing for the outdoor dining.

369
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However, I am going to modify a condition regarding the tables and chairs,

370
00:30:45,690 --> 00:30:52,110
the number of tables and chairs in condition number,

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00:30:52,110 --> 00:30:52,970
or

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basically add a condition 14 that states there

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00:31:21,630 --> 00:31:22,830
shall be no more

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00:31:27,600 --> 00:31:28,960
than eight

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00:31:28,960 --> 00:31:30,800
tables along

376
00:31:36,200 --> 00:31:38,560
the business frontage.

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00:31:45,900 --> 00:31:47,740
So basically what I've done is I've kind of

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so then I've limited the number they can't have any more than that if they

379
00:31:54,780 --> 00:31:59,560
have more than that outside they'll have to reduce it down to eight and so

380
00:31:59,560 --> 00:32:06,000
to help accommodate that, to make sure, especially the tables that are going around the front

381
00:32:06,380 --> 00:32:09,120
are going along the side that access can get through there.

382
00:32:09,660 --> 00:32:13,480
We don't want to clog up that middle, so that's only the added condition.

383
00:32:13,740 --> 00:32:22,580
So with that, Sony Administrator passes resolution, approves resolution 2601 with the added

384
00:32:22,580 --> 00:32:23,600
condition number 14.

385
00:32:23,720 --> 00:32:26,480
There should be no more than eight tables along the business frontage.

386
00:32:26,480 --> 00:32:36,040
and with that I vote to approve the project so so with that I have to

387
00:32:36,040 --> 00:32:41,940
announce the appeal process because if if if there is any person that wishes to

388
00:32:41,940 --> 00:32:47,920
appeal the action of the zoning administrator they may file an appeal

389
00:32:48,560 --> 00:32:52,080
with the city clerk in writing within 10 days of such action the appeal

390
00:32:52,080 --> 00:32:55,440
will be considered by the planning commission following a public hearing the

391
00:32:55,440 --> 00:32:59,920
The planning commission may act to confirm, modify, or reverse the action of the zoning administrator.

392
00:33:00,500 --> 00:33:06,880
The cost of the appeal to decision is $500 and a minimum of $2,500 deposit fee.

393
00:33:07,360 --> 00:33:13,740
Note, if you challenge a decision regarding a project in court, you may be limited to raising only those issues you or

394
00:33:13,740 --> 00:33:19,940
someone else raised at the public hearing or in writing delivered to the city of Penal at or prior to the public hearing.

395
00:33:20,460 --> 00:33:20,920
Thank you.

396
00:33:22,080 --> 00:33:28,420
So with that, I'll be moving on to item number E,

397
00:33:30,680 --> 00:33:33,460
new business, which we don't have any at this point.

398
00:33:35,470 --> 00:33:37,770
So at this point, I will adjourn the meeting.