REGULAR MEETING: 6:00 p.m.

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1 SUMMARY MEETING MINUTES (APPROVED ) The Board Members adjourned to the Field Trip at 1:00 p.m. to visit the properties listed on the Regular Calendar under Field Trip Report. The Regular Meeting was held at the hour of 6:00 p.m. in the Alameda County Building, 224 West Winton Avenue, Hayward, California, REGULAR MEETING: 6:00 p.m. MEMBERS PRESENT: Chair, Dawn Clark-Montenegro; Vice Chair, Kathy Gil; Members, Todd Paradis, and Roxann Lewis. MEMBERS EXCUSED: None. OTHERS PRESENT: Phil Sawrey-Kubicek, Senior Planner; County Counsel, Heather Littlejohn; and Yvonne Bea Grundy, Recording Secretary. There were approximately 35 people in the audience. CALL TO ORDER: The meeting was called to order by the Chair at 6:00 p.m. ANNOUNCEMENTS BY THE CHAIR: The Chair announced that anyone present to speak on Agenda item(s) should complete a Speaker Card and present it to the Secretary. Neighborhood Preservation Ordinance Abatement Hearing: There were no Agenda items scheduled for the Neighborhood Preservation Ordinance Hearing Calendar. Alcoholic Beverage Sale Regulations Administrative Hearings: There were no Agenda items scheduled for the Alcoholic Beverage Sale Regulations Administrative Hearing Calendar. OPEN FORUM: Open forum is provided for any members of the public wishing to speak on an item not listed on the agenda. Each speaker is limited to three (3) minutes. Bobby Clark, spoke regarding the status of Fairview District properties: PABLO DUENAS & MARIA TOPETE, CONDITIONAL USE PERMIT, PLN ; JOSE and HILDA ZENDEJAS, CONDITIONAL USE PERMIT, PLN and JOSE GARCIA, CONDITIONAL USE PERMIT, PLN The Board of Zoning Adjustments determined the properties must come into compliance regarding the excess number of animals. Alameda County Animal Control is monitoring the sites. The Zendejas property next door has reduced the number of horses by two. However 11 goats have been added to the number already on the site. One day the goats are gone, then the total number increases back and forth. Mr. Clark was concerned. Now the 120 th day has come and gone and there have been no reports from Animal Control. The period to come into compliance is 180 days. He would like to know who is calling the shots. Officer Bowman visited the site on May 26, He believed Animal Control was sloppy in regard to enforcing its Ordinances, and abatement processes. He would like the Board to follow-up on a status report. Brenda Clark told the Board the abatement process was the important finale to an issue that has been ongoing for 10 years. She was shocked to hear the Zendejas Family testify they slaughtered animals. Animal slaughtering is only legal on A (Agricultural) District properties. It is not legal on R (Residential) properties. She asked Officer Bowman at a Board of Supervisors meeting about the cases. Officer Bowman asked her why it bothered her. It was their Culture. Mrs. Clark pointed out the Board of Supervisors with Nate Miley s support said the abatement period would begin from the date of the

2 PAGE 2 BZA decision. Animal Control said the abatement period began from the date of the Board of Supervisors decision. She would like the practice of killing animals to stop, Culture or not. The Chair told the Clarks the Board would discuss the topic during staff comments. They are welcome to stay or leave their for further communication. Mrs. Clark asked the BZA to manage the tracking of property visits. The Vice Chair again recommended the Clarks attend the upcoming Sheriffs Advisory Meeting. It is an opportunity to speak with Animal Control staff. FIELD TRIP REPORT: Staff presented no information in addition to printed Field Trip Reports. FIELD TRIP: The meeting adjourned to the field and the following properties were visited: MEMBERS PRESENT: None. The Field Trip was cancelled. Members visited properties on an individual basis. MEMBERS EXCUSED: Chair; Dawn Clark-Montenegro; Vice Chair, Kathy Gil; Members, Todd Paradis, and Roxann Lewis. OTHERS PRESENT: Phil Sawrey-Kubicek, Senior Planner. 1. SANTIAGO, DAISY, CONDITIONAL USE PERMIT, PLN Application to allow continued operation of a tavern in a BC (Bayfair Corridor) District according to the Specific Plan for the Ashland and Cherryland Business District, located at East 14th Street, northeast side, at the north corner with Plaza Drive, Ashland area of unincorporated Alameda County, County Assessor's Parcel Number: The parcel is approximately 5,800 square feet (.13 acres) in area. Staff Planner: Richard Tarbell. (Continued from May 25, 2016) ELEVEN, INC. /JOHNS M., CONDITIONAL USE PERMIT, PLN Application to allow the sales of alcohol in a BC (Bayfair Corridor) District according to the Specific Plan for the Ashland and Cherryland Business District, located at East 14th Street, northeast side, at the north corner with Fairmont Avenue, Ashland area of unincorporated Alameda County, County Assessor's Parcel Number: The parcel is approximately 28,320 square feet (.65 acres) in area. Staff Planner: Richard Tarbell. 3. ROCKELMAN, CARINA, VARIANCE, PLN Application to allow construction of a new single family dwelling with an 11-foot side yard, where 15 feet is required, and a 20-foot front yard setback where 30 feet is required in an R-1-BE, (Single Family Residence, 10,000 Square Foot Minimum Building Site Area) Zoning District, requiring 15-foot side yards, 30-foot front yards, located at Madeiros Avenue, northwest side, 900 feet southeast of Fairlands Road, unincorporated Fairview area of Alameda County, Assessor s Parcel Number: The parcel is approximately 11,712 square feet in area. Staff Planner: Richard Tarbell. 4. MARIA NAPOLI, CONDITIONAL USE PERMIT, LARGE FAMILY DAY CARE, PLN , Application to allow a Large Family Day Care in PD (Planned Development, 1985 th Zoning Unit) District, located at 25330

3 PAGE 3 Gold Ridge Drive, east side, approximately 300 feet north of Oakcrest Drive, in the unincorporated Five Canyons area of Alameda County. APN: Staff Planner: Shareen Basunia. CONSENT CALENDAR: There were no items on the Consent Calendar. REGULAR CALENDAR 5. SANTIAGO, DAISY, CONDITIONAL USE PERMIT, PLN Application to allow continued operation of a tavern in a BC (Bayfair Corridor) District according to the Specific Plan for the Ashland and Cherryland Business District, located at East 14th Street, northeast side, at the north corner with Plaza Drive, Ashland area of unincorporated Alameda County, County Assessor's Parcel Number: The parcel is approximately 5,800 square feet (.13 acres) in area. Staff Planner: Richard Tarbell. (Continued from May 25, 2016). Staff gave a brief history of the site. The Board has considered use permits for the business known as the Stadium Club in the past. The property, and business was sold to the current Applicant in Per Conditions of Approval. If the property was sold, the use permit must come before the BZA. The Sheriff s Office referral response on August 10, 2015, said after review of the application. There is no objection to the request for continued operation. Calls for service for this business operation during the past year to date are as follows: one (1) call for service for domestic violence, and one (1) False Alarm. All Alcohol fees have been paid. A new Dance Permit has been applied for and approved, with the expiration date of 4/21/2017. The Board asked staff if existing signage at the property could be modified. The main sign appears to be new. Staff showed a photo taken the last time the permit was approved. The sign can be modified to the extent it does not go beyond its nonconforming status. Public testimony was opened. Applicant, Daisy Santiago told the Board the business sign was covered with vinyl and repainted. Board questions for the Applicant were as follows: Has the Applicant ever owned a bar Where do bar patrons park during evening hours Ms. Santiago said she had no prior bar ownership experience. This is the first time. Patrons park at the bar not at the car wash across the street. The owner of the car wash is open to entering into an agreement, allowing bar patrons to park at his site. At this point additional parking spaces are not required. The Chair said the Applicant should be aware of activity at the car wash during evening hours. She should remain alert so activities from other businesses do not reflect on the Stadium Club. Public testimony was closed. The Vice Chair motioned to approve, Conditional Use Permit, PLN , with modifications: Condition of Approval #10 shall be stricken. Per Counsel recommendation, Condition #11, the word petitioner will be removed and replaced with the word permittee. Member Paradis seconded the

4 PAGE 4 motion. The motion to approve Conditional Use Permit, Conditional Use Permit, PLN , Daisy Santiago/Stadium Club carried 4/ ELEVEN, INC. / JOHNS M., CONDITIONAL USE PERMIT, PLN Application to allow the sales of alcohol in a BC (Bayfair Corridor) District according to the Specific Plan for the Ashland and Cherryland Business District, located at East 14th Street, northeast side, at the north corner with Fairmont Avenue, Ashland area of unincorporated Alameda County, County Assessor's Parcel Number: The parcel is approximately 28,320 square feet (.65 acres) in area. Staff Planner: Richard Tarbell. (Continued from May 25, 2016). The staff recommendation was denial. There was a former Site Development Review Application for the site that did not include a request for the sale of alcohol. Public testimony was opened. Counsel for 7-11, Melanie Johns was present. Two additional staff were also present. Ms. Johns said in regard to the Ashland Cherryland Business Specific District Plan states that location requirements do not pertain to business where alcohol is not the primary use. The sale of alcohol will not be the primary use at this location. In this area other 7-11 Stores were polled. Less than 6% percent of the floor space will be devoted to the sale alcohol sales. Other stores dedicate 4% to 15% percent to alcohol sales. The Alameda County Alcohol Policy does not allow a 500 foot proximity to similar uses is not applicable in this case. Three Ring Liquor, 487 feet away dedicates 70% to 80% percent of their sales to alcohol. Seven Eleven is not trying to be an alcohol store or compete in that realm. The sale of alcohol is ancillary to food and sundry sales. Alcoholic Beverage Control recommended approval including a Condition of Approval to prevent loitering. ABC goes through the local Police Department. The Application was thoroughly vetted. Seven Eleven will be held to Conditions through ABC. Lastly the Ashland Cherryland Business Specific District Plan which imposes this rule was not in effect when this Application was filed. The Board asked the filing date. Ms. Johns said In 2015 more information was requested, and provided. Staff clarified the Application was submitted, August of The language added to the Ashland Cherryland District Plan was still in effect within the Alameda County Alcohol Policy. The same language was incorporated into the Specific Plan when it was updated. Ms. Johns believed the language was significantly different. The County Alcohol Policy was intended as a guideline. The staff Planner said the Applicant was qualified for alcohol sales. The use would not be a detriment to the community. The Applicant is involved in activities within the community. This 7-11 Store would like to provide a one stop convenience store. The Vice Chair told Ms. Johns she helped write the language for the Specific Plan. The 500 foot distance requirement was taken from the County Alcohol Policy. It seems a lot of money is being spent for what would be 1% percent of sales. Mike Gallagher told the Board, 7-11 was changing their model to a food model. You may have noticed there are signs with chicken sandwiches on the door. Food brigs customers in. Each 7-11is a franchise. Stores also have competition from other businesses. With this new model. People can buy food and beverage. The Applicant has done a lot to clean up the area. He even hosted a community Health Fair on the property which included games, a rock wall, free Slurpee s, and health information. Ms. Johns pointed out ABC has Conditions of Approval that if granted will run with the land. If there is graffiti, it must be removed within 24 hours. Litter must be cleaned as well.

5 PAGE 5 The Chair pointed out another 7-11 is located within one half mile on Halcyon Drive and on Hesperian Boulevard. She is unsure why another Seven Eleven is needed. She lives ¾ s of a mile from the site. She acknowledged it had been cleaned up a bit. The back of the site also looks a little better. Although she has not been robbed, people in the area have. There is also a homeless encampment next door. Mr. Mohamed owns Three Ring Wine and Spirits. They sell a full line of alcohol. He has invested $500,000 dollars in his business. He also owns Luso Delicatessen on East 14 th Street. They sell food too. Food sales keep the business alive. The BZA restricted the alcohol sales in their Conditions of Approval. They cannot even sell single serve containers. His business is a single owner not a corporation. It is hard to compete. Mr. Shipman from 7-11 said the Owner would like to sell beer and wine. It can be a one stop shop. The Vice Chair asked why Seven Eleven did not apply for alcohol when the store first opened. Mr. Shipman was not in his current position at the time. Most stores do apply in the initial application. Almost all 7-11 stores have beer and wine. This is one of the two stores that do not sell alcohol out of 90 stores. The other store is on Hesperian and Lewelling Boulevard. A neighbor, Carla Bettencourt told the Board her backyard faces the Park. She has heard a lot about profit. It worries her the discussion has been about money. What about her children, and the neighborhood children. She sees dirty liquor bottles at the park. If 7-11 is a one stop shop. It can affect the Park. She bought her home 3 years ago. Every morning her husband must check to see if there are homeless people outside. The request now is for a small amount of alcohol. Next there will be a request for more. There is a 7-11 Store around the corner. If alcohol is available, kids will try to buy alcohol. There are always children at the park. There is also a bus stop in front of There will be even more dirty bottles. Ms. Bettencourt then showed pictures of the area. Terrence Montague works for the Sheriff s Department as an investigator. He testified as an individual. He is in support of the Application. He has lived in the area for a long time. He does not think beer sales will impact the neighborhood. The location is near the City of San Leandro limits. AC Transit has responsibility for the bus stop. The prior business, a mattress store was a mess. He can attest personally to what the Applicant has done for the community. More than 500 people came out for the community event. A lot of stores talk. This Applicant puts his money where his mouth is. He also supports a boxing program for at risk kids. The County Ordinance says 500 feet distance however there is a Mexican Store, a Chili s nearby that sell alcohol. One more store selling a six pack will not affect other businesses. The Applicant, Mr. Dhillon grew up in the area. He has 2 daughters in college. He can t do it alone. The community needs to help. If they come to his store, the Board can see how he conducts his business. All of the local churches come and pick up unused food for their food pantries. A lot of customers ask for beer. They do want people to hang out in the front or back. He would prefer if the bus stop was not there. He tries to clean up. He owned a store in Castro Valley and Union City. This location has been open four years. He was told it would take a year to apply for a liquor license. They want a safe store. They would like to get more female customers. The neighbor is right. The sidewalk should be kept clean. He cannot run a store without money. They all have to work together. A representative from 7-11 told the Board they consider traffic patterns, other outlets nearby, also new development in the area when opening a 7-11 Store. When a 7-11 Store comes into an area. It helps spur redevelopment. Public testimony was closed.

6 PAGE 6 Member Paradis asked staff for more information regarding the Specific Plan. Staff explained the Alameda County Alcohol Policy was adopted in the late 1990 s. The Policy states alcohol uses should not be within 500 feet of schools, churches, parks etc. Member Paradis thought the uses at the nearby Luso Mercado store were similar. Staff agreed. Member Paradis commented the 7-11 has been open for a period of four years. When the Application for Three Ring Liquor was before the BZA, the Board gave the Application a stringent review. He does not see how this argument is different. Member Lewis noted the site was within the Specific Plan area. She does not see a reason why this use should not comply with the Specific Plan. The Vice Chair pointed out the park was there long before the 7-11 Store. Corporate 7-11 gets behind the Franchisees but there is a Park in the neighborhood. Teenagers, and kids use the Park. The County Alcohol Policy was developed in response to these issues. The County does not want alcohol sales where that use is already established. The Chair confirmed that a mattress store formally occupied the site. The 7- Eleven Store was an improvement on the prior condition of the site. However John George Hospital is one mile away. This business is competing with the Starbucks location containing a drive-through. Perhaps the community can help by bringing in business without relying on the sale of alcohol. She would like this business to work. However she cannot see a reason for the Board not to uphold the County Alcohol Policy. The Chair motioned uphold the staff recommendation of denial based on the Alameda County Alcohol Policy, and the Ashland Cherryland Specific Plan. The Vice Chair seconded the motion. The motion to deny Conditional Use Permit , 7 Eleven / Johns Inc. passed 4/0. 7. ROCKELMAN, CARINA, VARIANCE, PLN Application to allow construction of a new single family dwelling with an 11-foot side yard, where 15 feet is required, and a 20-foot front yard setback where 30 feet is required in an R-1-BE, (Single Family Residence, 10,000 Square Foot Minimum Building Site Area) Zoning District, requiring 15-foot side yards, 30-foot front yards, located at Madeiros Avenue, northwest side, 900 feet southeast of Fairlands Road, unincorporated Fairview area of Alameda County, Assessor s Parcel Number: The parcel is approximately 11,712 square feet in area. Staff Planner: Richard Tarbell. (Continued from May 25, 2016). Staff recommended the Application be continued to July 13, The Applicant met with neighbors. Based on the meeting, the project Engineer will make several design modifications eliminating the side, and front variance requests. The remaining variance for building height. The Vice Chair motioned to continue Variance, PLN , Carina Rockelman to July 13, Member Lewis seconded the motion. The motion carried 4/0. 8. OMAR ARSALA / NIRA DEAN, CONDITIONAL USE PERMIT, PLN Application to allow a K-8 school (North Star) for a maximum of 170 children in an R-1 (Single Family Residence) District, located at Woodroe Avenue, east side, approximately 500 feet north of Monika Lane, in the unincorporated Fairview area of Alameda County, Assessor s Parcel Number: Staff Planner: Carole Kajita. (Continued from May 25, 2016).

7 PAGE 7 Zachary Twist of Northstar School gave a presentation. The same was given at a Neighborhood Meeting held on Saturday, June 4, Northstar School is accredited a member of the Western States and Colleges. The number of proposed students, and employees is similar to that of Woodroe Woods School. Classroom size is limited to a maximum 17 students. Teachers are attentive. The focus is quality over quantity and family. Learning is in a creative environment. Students are geared toward community service, and stewardship. Many Northstar parents already live in the area. Currently they are leasing a public school site. Northstar has looked for a permanent site for a long time. The size and character of the property fit well with their goals. They have made a huge 3.9 million dollar investment. The School wants to maintain the character of the site. There will be a maximum of 170 kids. However many of the existing classrooms are not large enough. Northstar prefers class rooms that allow students to also sit on the floor. Two modular classrooms will be added, seven additional parking spaces, a fire hydrant, and trash enclosure. At this time they are unsure if the animal pen will be retained. Many families carpool. A lot of siblings attend the school. The number of students anticipated next school year is 155. This is similar to the number of students that now attend Woodroe Woods School. A traffic study showed that a reduced volume of students arriving at the same time will result in fewer cars. The driveway at the site is really long. The maximum back-up of cars is estimated to be 10 cars which can be accommodated on the driveway. There is a lot of misinformation. People from North Star School are not outsiders. Many live in the area. They are happy the community is involved. They want to make the community better. Good schools make good kids. Mr. Twist asked the Board to approve the CUP Application. Board questions were as follows: Are the two modular units in addition to the existing number of class rooms What is North Star s position on the Condition eliminating onsite camping Mr. Twist confirmed the units are in addition to the number of the classrooms already at the site. Northstar is prepared to adhere to Conditions of Approval but Woodroe Woods School does have one overnight camping event per year. Regarding Conditions of Approval, Board Members thought a one year review was appropriate to determine if Conditions need revision. The BZA does reserve the right to take a second look. The current use does allow an overnight event. This should be still be allowed. Notification can be given to the Planning Department. The neighborhood can receive notice. A summary of public comments were as follows: A parent, Maria lives a few blocks from Kelly Street. She is very happy with the education provided at Northstar. She is happy the school will be at this site. Chris has children that have graduated and some that still attend. It is a quality school. The school builds character. It will give the students a chance to root in the community. They commute to the current school with 7 kids in the car. Some families carpool from San Ramon and Fremont. If issues arise they will take up the solution as part of their civic duty. Ramona is in opposition to one aspect of the use. She lives on Monika Lane. She is opposed because 6 th,7 th and 8 th Graders. The number of grades may create more traffic including, pedestrian. Students at Woodroe Woods are younger. She purchased her home 5 months ago. She knew she would be next to an

8 PAGE 8 Elementary School but not a Middle School. She is in favor of higher education but traffic is horrible now. This use will have an impact bringing cars from other communities. Woodroe Road needs to be paved. It is okay to have a School but higher grades should not be allowed. Chris lives on Maderios Avenue. He attended the Community Meeting on Saturday. He wished more people from the community had attended. He was concerned with the tenor of on-line posting comments. He was in favor of a School as long as the neighbors are happy. His concern is traffic from Maude Avenue, Woodroe Avenue, and Kelly Street. The traffic is so bad he uses D Street or drives through Five Canyons. The road approach makes a sharp right turn. Someone may come over the hill too fast. He asked if the use permit would be automatically vested for the site. Staff explained the zoning remained R-1 (Single Family Residential). The Conditional Use would run with the land. The use does have to meet Conditions of Approval. Public testimony was closed. The Vice Chair asked that Public Works should look at Woodroe Avenue. Perhaps a traffic bump could be installed. Staff told the Board currently there were two sets of rumble buttons. Many people drive just around them. Woodroe Avenue may also need re-paving. Board Member Paradis thought the project was well done. He thanked the Applicant for hosting the Open House. He was not present at the last BZA hearing however tonight s presentation touched on good points. He believed the prohibition of camping should be removed. The area is conducive to that type of activity. Staff confirmed the prior CUP for Woodroe Woods School did not prevent camping activity. Someone from Woodroe Woods interjected the School had one overnight camping event per year as part of their Summer Program. He lives in the area. It appears the roads can handle the amount of traffic currently going to the School. The Vice Chair agreed. The current school, Woodroe Woods has used the site for camping. There has never been any issues. County Counsel pointed out that Conditions of Approval #3 includes the following language: Any deviations from the hours may be modified after a written proposal is sent to the Planning Director for review and approval. If the Applicant would like to have a camping event the Planning Director must be contacted. The number of overnight events can be limited in each one year period. The Chair thought arrival times may need to spread beyond the 30 minute window now in practice. In addition to the Planning Director a neighborhood notice should be sent when an overnight event is held. The Vice Chair summarized the situation should be monitored. It is important the community work with the School. If things are not working out. The community can work with Northstar to come up with a plan. Public testimony was reopened to speak with the Applicant. The Board asked the following: Can children walk home unescorted Will children be dropped off on the street and/or curb in addition to the driveway area Mr. Arsala told the Board 7 to 8 children live within walking distance of the school. Children in Kindergarten to the First Grade must be signed in and out by an adult. Public testimony was closed. The Chair recommended no street or curb drop-off. The Applicant should provide a Plan that includes,

9 PAGE 9 the number of students dropped off and picked-up; the check-in process; how many children require signin/sign out; and how many children walk to and from the School. This information can be added to Condition #12. Public testimony was re-opened to determine a timetable for submission. Mr. Arsala said the School Year opened on September 1, The Chair informed Mr. Arsala a Drop- Off and Pick-Up Plan shall be submitted by September 30, This will allow time to assess carpooling patterns. Public testimony was closed. The Chair motioned to approve, Conditional Use Permit, PLN with modifications: Page 3 of the Staff Report shall be corrected. There is direct vehicle access from Woodroe Avenue and Monika Lane. Page 7 The Hours of Operation will be 3:30 p.m. to 6:00 p.m. on Monday through Thursday. Condition #3 shall be modified to include the following: Any overnight event in addition to approval by the Planning Director notice must be sent to the immediate neighbors. Condition #12 shall be modified: Staff shall direct traffic during drop-off and pick-up times. The Applicant must submit a Schedule of Drop-Off and Pick-Up. The Schedule shall include the total number of students at drop off and pick-up. The number of students that walk to school, walk home, also the number of students that require sign-in and sign-out. The Schedule must be submitted by September 30, Condition #13 shall be stricken. In addition to a mandatory review, the Permit shall undergo a mandatory review in one year at which time a new Drop-Off Pick-up Plan may be submitted. A new Condition of Approval #16 shall be added: Public Works shall conduct a traffic study of the overall areas and propose traffic calming measures on the crest of Woodroe Avenue. Public Works should also make a determination if Woodroe Avenue requires repaving. Member Lewis seconded the motion. The motion to approve, Conditional Use Permit, PLN with modifications passed 4/0. APPROVAL OF MINUTES: Member Paradis motioned to accept the Minutes of May 11, 2016 with submitted corrections. Member Lewis seconded the motion. The motion carried 3/0/1. The Vice Chair abstained. The Vice Chair motioned to accept the Minutes of May 25, 2016 as presented. Member Paradis seconded the motion. The motion carried 3/0. Member Paradis abstained. He was not present at the May 25, Hearing. STAFF COMMENTS & CORRESPONDENCE: Staff had no comment. BOARD S ANNOUNCEMENTS, COMMENTS AND REPORTS: The Chair asked for an update on continued Variance, Application, Carina Rockelman, PLN Staff told the Board on the project had been further modified. The side and front yard variances could be eliminated by increasing height at the rear of the structure. The remaining variance request would be for height. Guest parking will still be an issue. Existing parcel setbacks were created through the original Tract Map. ADJOURNMENT: There being no further business, the hearing adjourned at 9:00 p.m. ALBERT LOPEZ - SECRETARY