[This transcript was generated automatically from audio using AI and hasn't been reviewed by a person -- it can contain mistakes, including plausible-sounding sentences that were never actually said. Treat it as a starting point, not a verbatim record.]

[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.