Okay. Here we go. First of all, I'd like to welcome everybody to the zoning administrator
meeting today. Just some quick reminders that the meeting can be viewed on Zoom. With the
Zoom, it's on the Zoom number is on, located on the, excuse me, on the screen for you.
In
as well as streamlined on pinnall.gov.
Just want to go over quick system participation.
Persons wishing to speak on an item listed on the agenda
may do so when the zoning administrator asks for comments
in favor or in opposition of the item under consideration.
After all those persons wishing to speak have done so,
the hearing will be closed and the matter will be
considered by the zoning administrator
prior to rendering a decision.
Any person may appeal in action
and we'll get to that later on in the meeting.
so with that I will call the meeting to order and before we begin we'd like to
do a land acknowledgement we'd like to thank and we'd like to thank and
acknowledge the Ohlone people who are the traditional custodians of this land
we pay our respects to the Ohlone elders past present and future who call
this place Ohlone land the land that Penol sits upon their home we are
proud to continue their tradition of coming together coming together and
growing as a community. We thank the Eloni community for their stewardship and support
and we look forward to strengthening our ties as we continue our relationship
of mutual respect and understanding. And citizens to be heard. We move straight on to item C
which is citizens to be heard. The public may address the zoning administrator on items that
are within its jurisdiction and not otherwise listed on the agenda. The zoning administrator
may discuss the matter brought to their attention but by state law actions must be
defer to future meeting. Time allowed for this is five minutes each. Justin, do we
have anybody online? Anyone wants to make a comment? We do have people online. I'm
no hands raised at the moment though. Okay, great. So we'll go straight. We do have a
hand raised now. Okay. Call her with the phone number ending in 5748. So when
you're ready, please press star six to unmute.
Hello. Hi, we can hear you.
hear me? Yes. Is this a public comment, citizens to be heard? Yes.
So it doesn't have to be
on the agenda per se or that we're going to have open comments to the public during
for the agenda item as well. Yes. Yes, we will. All right. I'd like to make a public
public comment.
This is Anthony Wasbrink speaking on the behalf
of citizens of, for a better panel senior center people
and basically the taxpayers of the community
of the city of Peno.
And I hope the city manager is listening in on this
as well as several of the city council men and women.
But these items have been brought up numerous times
before.
And I hope Mr. Dave Venom can lead the way
to direct the comments under the Ralph M. Brown Act
to the right people to get these items brought
to the forefront of what the city is facing
with regard to public health, welfare and safety.
Aside from Dave's chicken with these other items
that have been brought up at numerous times
with numerous people documented to certain people
on the planning commission,
certain people on the staff,
certain people on the city council,
as well as some people with confire
and maybe not the right people
with the library system or confire,
but with the help of Dave Hennem
before he leaves us high and dry here
or without a capable, comfortable replacement.
I hate to go over my laundry list again,
because most of this is old news,
but it better be people who need to step up to the plate
so it can be addressed as very important new news,
because if it doesn't happen,
it won't happen come election time.
You will see where the chips fall,
as well as endorsing the position of our new city manager whether she can step up to the
plate or not and handle some of these items that can be addressed that should have been addressed
months if not years ago. The worst item is that with regard to the Cal trans
lines and where they have been drawn so on in and around our city with the ingress in
in the regress, there is problems.
And I know Dave Hanna mentioned in the last meeting
that they have an arrangement with child trans
where there's a certain type of easement
on either side of say a fence line or on ramp
or off ramp per se.
And I'll just use Pinot Valley Road I-80
as one of the examples, you know,
but there are numerous potholes all over the place
on the on-ramp, before the on-ramp,
way before the underpass,
on either side of the underpass,
on around that fence line,
before the fence line, after the fence line,
underneath the overpass,
and the city needs to address that.
Pick up the phone, write a letter,
and document all of this that we have done,
the public has done,
but no we didn't get no support from Caltrans and no support from the city of
Pinot to take care of these problems. The lights besides the pavos and the big
giant alligator divots there and people's cars being messed up. The lights
above on I-80 underpasses are out as well. They can't replace the
light bulbs. Caltrans can't do there. The street lights on the on-ramp below
So Jack in the box are out on the Caltrans on ramp, et cetera, et cetera.
And that needs to be addressed.
They finally got the weeds addressed, but I guess they're busy with that big over bridge
over there in Crockett.
But anyway, the other item was besides Caltrans and our agreement or lack of an agreement
with CalTrans is the problem with the Tunolibrary situation.
Okay, it was brought up several times
that there's piles of debris.
I just went there the other day
and what was once two or three big piles of debris
is now four giant piles of debris,
probably enough to fill up two giant recycling trucks
from Richmond Sanitary.
and supposedly it's right behind the library around the creek line. Now that's
county property someone told me but the county was told and they know and the
city of Puneau knows that's behind there because people numerous people were
told that I don't want to name names but they need to do something because it's
a big fire. Thank you. Your time is up. Thank you. And the last the last
That item is the parking lot divots in the library that need to be paid their lease.
Have them finish the contract job and give us a decent slurry seal and nothing else to
replace the parking lot with the build out of the rest of the library.
Your time is up.
Thank you.
Thank you for those comments and we'll make sure that we get those to where they
need to go in terms of the public works department. So are there any other public
comment at this point? There are no other hands raised online. Okay so with that
we'll go to item D which is a public hearing. At the beginning of an item the
zoning administrator will read the description of the item that states on
the agenda. A brief presentation on the proposed project will be given and for
those items listed as public hearings the zoning administrator will open
the public hearing and ask the applicant if they wish to make a
presentation. Those persons in favor of the project will then be given an
opportunity to speak followed by those who are opposed to the project. The
applicant will then be given an opportunity for rebuttal. The public
hearing will then be closed and the zoning administrator will
consider the item. The zoning administrator will then vote to approve,
deny, approve in modified form or continue the matter to a later date for
decision. The zoning administrator will announce the decision and advise the
audience of the appeal procedure. With that we have item number one which
is a use permit for Dave's hot chicken, administrative use permit for Dave's hot chicken for outdoor
seating and dining.
So I'll give a brief presentation of the project and then we'll move forward and open
the public hearing.
Basically, kind of give some background.
The applicant is seeking to approve an administrative use permit for the purpose of outdoor dining
on their property located at 2714 Penal Valley Road in the Penal Valley Plaza Shopping
Center.
As part of the project there's a map as shown as figure one.
The applicant will provide tables and chairs and garbage cans figure two shows the type
of tables and chairs to be used in the project which are currently red, red, red tables and
chairs with the tables that are bolted into the ground the chairs will be or be removed
or pulled in each night. The project site is located along the west side of Penel Valley
Road between Interstate 80 and States Avenue. Adjacent land uses are summarized by to the
north as Interstate 80, to the west as existing residential uses, which is right behind the
Sarah Drive estates. To the south is existing commercial mixed-use development in Pendle
Valley High School. And to the east, existing single-family residential units as well as
commercial mixed-use businesses. In July of 2026, Dave's Hot Chickens Company
submit an application for administrative use permit for outdoor dining in which
section 17.68 of the O2O of the Penal Municipal Code regulates outdoor dining
within the City of Penal and section 17.68020 E1 requires that findings to
be made for approval of this project. In terms of the general plan consistency
goals LU7 of the land use and economic development element calls for
balancing housing and employment opportunities to reduce trips in and
out of the region and encourage commercial development which maintains it.
It enhances the quality of the city's commercial area to create a climate that supports existing
businesses and provides basic goods and services for residents and broadening the tax base of
the community to provide revenues for public services.
This expansion will provide additional services for the panel residents and visitors and would
help support a local business that generates sales tax revenue for the city.
The request is also consistent with goal LU-8 of the land use and economic development
element, which calls for concentrating commercial development and mixed use activity areas within
major transportation corridors, including Penel Valley Road.
As part of the zoning, this property has a zoning of commercial mixed use in the three
corridors specific plan and restaurants are permitted use within the zoning district.
And so with this project, we have the findings that are required as part of 17.68.
And what I'll do is I'll go over the findings and then I will give my determination
of each finding and then the result and move forward.
The three findings that are,
there are the four findings that are made,
that are required to be made is,
one is to encroach onto a continuous pedestrian path
or travel of at least six feet in width.
It will not extract pedestrian and wheelchair access.
B, unduly interfere with pedestrian traffic
on the sidewalk.
C, unduly interfere with access of public employees
and utility workers to meters, fire hydrants
or other objects, which we call street hardware in the right of way, and D, block or obstruct
the view of necessary traffic devices.
So in terms of finding number A, DSOP chicks will install these tables into the concrete
adjacent to the building.
By installing the tables adjacent to the building, there is sufficient pedestrian access of
six feet in width so that the pedestrians will be able to access other parts of
Center as seen as figure 2 in the report. Based on that, the staff has determined that the
finding has been met. In terms of finding B, this project will not interfere with pedestrian
traffic on the sidewalk. The diagram that was submitted by Dave's Hot Chicken shows
that customers will have more than enough space for pedestrian traffic as well as be
to enter and exit the building, because you can still go in and exit. Also there are other
there are able there are other businesses along that corridor that also have outdoor dining that
also have pedestrian access as well. So based on that determination staff has determined that
this finding has been met. In terms of C, unduly interfere with access of public employees
and utility workers to meters, fire hydrants or other objects. Where the outdoor eating
area is located. It does not interfere with the access of the public employees and utility
workers to meters. Most of the meters are on the buildings and on the backside of the buildings.
In this case, as well as fire hydrants, the fire hydrants are located within other areas
of the center. However, there is no fire hydrant within this area. And in terms
of other objects such as street hardware, since the restaurant is actually off of
Penal Valley Road and within the shopping center itself there is no interference of that
in which staff is determined that this finding has been met.
And then block or obstruct the view of necessary traffic devices.
The project is located on private property that does not enter the right of way or block
the view of intersections.
The project is not adjacent to the street or driveways of the center.
The tables and chairs are set back adjacent to the building.
Based on that analysis, staff has determined that this finding has been met.
In terms of the environmental review of this project, this project has been categorically
exempt per Section 15301, existing facilities of the California Environmental Quality Act
guidelines, and that it consists of no physical expansion of existing businesses within
an existing mixed-use commercial building, meaning that in terms of the expansion
outside it is the whole shopping center was part of the environmental when the
shopping center was came in there were findings as part of that environmental
document that would allow for any type of outdoor dining or any other type of
outdoor use within that project area so with that staff is recommending that
the zoning administrator staff
is recommending that the zoning
administrator adopt resolution 2601 approving an administrative use
permit 2,6002 to allow outdoor dining located at 2,714 Penal Valley Road for Dave's Hot
Chicken.
But the record also show that as part of the resolution there are 13 conditions that the
applicant will have to adhere to as part of this project.
And so with that, that is my presentation.
And so I will now open the public hearing.
And Justin, is there anybody online who wants to speak?
I see several people online right now.
I don't see a hand raised from potential applicants,
but we do have a public comment.
We do have a public comment?
Yeah.
And what's the public comment?
Same color.
And phone number any 5748, Anthony.
OK.
Since the applicant is not here,
is not making a statement, if this applicant is there
anybody who's in favor of the project, which is to speak,
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.
And this has, they have five minutes.
Okay, Anthony, when you're available, please press star six to unmute.
Hello, can you hear me?
Hello.
Yes, my name is Anthony Vosbrink,
senior citizen, long-time taxpayer of Pinot, homeowner.
And I'm very familiar with that property
and what is being presented here.
And for the following reasons, myself and others,
members of the shopping community
and Pinot Valley Shopping Center,
the senior center and voting members of the public
or against Dave's chicken that resolution,
regardless of some of the conditions
you have put down there,
or maybe we need to add a few more on top of that,
that have been somewhat passed over or ignored
because this is no basic boilerplate
slash cookie cutter type permit request by Dave's chicken.
Because as it stands now,
Dave's chicken has upset the whole outside public access environment in that
business shopping center corridor that's already highly trafficked by pedestrian
shopping carts going up and down in front of Dave's chicken and it had been
before Dave's chicken went in there okay and since Dave's chicken has gone in
there several of the business owners have complained about it to me and other
people. Feed-up music, Trader Joe's, T-Mobile, Granite, and some even the other restaurants.
But in addition to that, several restaurants as Dave Hanham has been told and put on notice with
the Planning Commission earlier in the year, several times, that's three or four meetings by
myself. It's not some other people. It's that, you know, they have created a problem there
because it's like a beehive as it is and and and the other competing businesses outdoor indoor
businesses have added more tables and have put more obstructions there. Dave's chicken does not
need five big red tables facing perpendicular to the parking lot obstructing 40 to 50 percent of
that sidewalk. Granted they met the six foot thoroughfare but people have seen bumped into
that with shopping carts, people with dogs have tripped and got stuck on the bottom of
the tables because they're permanently bolted down there and they shouldn't be permanently
bolted down they should be removed if not completely at least that after business hours
and they should be turned around in the other direction if you're going to put a
condition and cut the number of tables down from four to five out front and another
three to four, wrap another three tables I believe are wrapped around the side, three to a quarter.
They don't need that kind of extra advertising and exposure. The tables are very rarely used at all.
Every other time myself and other people have been by there, there's only one person or one group
dining on one table outside on the front or the quarter. And if you go later in the day after
school maybe two tables are taken up or three but two out of the three if not three out of the
four are taken up with school kids loitering uh talking business stories and other things
they don't need we don't need to have that kind of an attraction over there in that already
business uh foot traffic and congested car traffic quarter where people are getting in
and out of their cars double triple parking and trying to get in and out of Trader Joe's
and some of the established businesses,
plus we're setting a precedent
for the other neighboring businesses
that they're gonna have to apply.
Sure, we get a permit fee or whatever else,
but other businesses will say,
well, Dave's can have five or eight tables out there
facing that way up to 40 to 50% of the sidewalk.
We're gonna do it likewise.
And it's a situation that just has to be addressed.
And I suggest that they do not pass this resolution
2601 or 2602 without further discussion.
If no discussion, put on further conditions
to limit the amount of tables out there,
face them the other way
and take the tables out of the corridor
that is a fire hazard.
If the fire truck has to come in and out of that corridor
and wrap around that corner trying to put out a fire
in one of the neighboring businesses.
They might trip up there and not push the pedestrians
up against the building or push them out over the curb
into that parking area, which is already congested
with people and vehicles like that
with regard to public access, public health
and safety and welfare and the quality of life.
and Pinot does not need Dave's chicken with seven or eight new tables outside.
They can't even feel the inside of their business as it stands, okay,
and their signage is bright all night. I would question to look at the signage they have too
with their lights being too bright rather than somewhere down by
uptown yard by some planning commissioner that was questioning two or three light bulbs there,
but I appreciate your consideration in my recommendations
with others behind me backing it.
Thank you.
All
right.
Any other comments or
concerns?
I do see colors, but no hands raised online.
No hands raised online?
Okay. So with that, staff will close the,
if there's no more comments.
Seeing none, close the public hearing.
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.
Outdoor dining is a component that sometimes it may seem like they're not being used, but there could be days where they are.
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
Most of them have at least some area within there that they can that they can sit down and enjoy a meal or
Sit down outside and do that
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
our our other
There are other shopping centers with the restaurants in them.
I think one of the conditions that I think needs to be outlined is that they do need
to maintain the six-foot width.
They do need to maintain that their areas and their furniture is maintained in a quality
manner in terms of like no graffiti, if the tables and chairs are starting to crack
they'll need to replace those as part of as part of this project as part of the conditions.
Also there shall be based on what they have out there right now there should be no expansion
without further review from the city. It's condition number number eight states that any
outdoor expansion in the future shall require further review and approval through the appropriate
use permitted amendment or new entitlement application process which should have to be
reviewed by either the planning administrator or the zoning administrator again. So they'd have to
resubmit. I do also it should be noted there's a condition regarding that there shall be no outdoor
store dining furniture shall be stored inside all that all the outdoor dining furniture shall be
stored inside the building when the business is closed. So all the chairs will need to come in
I think the staff put together a list of conditions that should at least be able to allow Dave's
touch again to have outdoor dining there.
And it has also the ability that if it gets out of control and if there are major complaints
that are being registered to the community development department that code enforcement
not only has the standard code enforcement issues but also the condition of approval
to remove the permit and remove the tables and chairs.
So with that,
I don't see anything.
And that's kind of my explanation of, in terms of the issues with the caller. So with that basically
I have to, the public, the zoning minister will consider the item. The zoning minister will
then approve, vote to approve, deny or approve in modified form or to a later date for a decision.
So basically what I'm going to do is I'm going to approve Resolution 2601 allowing for the outdoor dining.
However, I am going to modify a condition regarding the tables and chairs,
the number of tables and chairs in condition number,
or
basically add a condition 14 that states there
shall be no more
than eight
tables along
the business frontage.
So basically what I've done is I've kind of
so then I've limited the number they can't have any more than that if they
have more than that outside they'll have to reduce it down to eight and so
to help accommodate that, to make sure, especially the tables that are going around the front
are going along the side that access can get through there.
We don't want to clog up that middle, so that's only the added condition.
So with that, Sony Administrator passes resolution, approves resolution 2601 with the added
condition number 14.
There should be no more than eight tables along the business frontage.
and with that I vote to approve the project so so with that I have to
announce the appeal process because if if if there is any person that wishes to
appeal the action of the zoning administrator they may file an appeal
with the city clerk in writing within 10 days of such action the appeal
will be considered by the planning commission following a public hearing the
The planning commission may act to confirm, modify, or reverse the action of the zoning administrator.
The cost of the appeal to decision is $500 and a minimum of $2,500 deposit fee.
Note, if you challenge a decision regarding a project in court, you may be limited to raising only those issues you or
someone else raised at the public hearing or in writing delivered to the city of Penal at or prior to the public hearing.
Thank you.
So with that, I'll be moving on to item number E,
new business, which we don't have any at this point.
So at this point, I will adjourn the meeting.