CITY OF MODESTO BOARD OF ZONING ADJUSTMENT NOTICE OF FIELD TRIP THURSDAY, JANUARY 24, :00 AM 1010 TENTH STREET LOBBY (MAIN LEVEL/NEAR STAIRS)

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1 CITY OF MODESTO BOARD OF ZONING ADJUSTMENT NOTICE OF FIELD TRIP THURSDAY, JANUARY 24, :00 AM 1010 TENTH STREET LOBBY (MAIN LEVEL/NEAR STAIRS) I. II. ROLL CALL FIELD TRIP There will be a field trip to allow the Board to view property to be discussed at the regular meeting later in the day. Interested parties may join the Board at any of the properties at the approximate times shown below. Statements on the merits of an application are inappropriate on a field trip and should be made at the regular meeting. The regular meeting is on January 24, 2019, 10:00 am in Chambers. The agenda for the regular meeting is attached. 9:10 am Leave Tenth Street Place to View Property 9:15 am Property Located at 3322 McHenry Avenue Item A III. ADJOURNMENT Posted pursuant to Government Code Section on at by on the bulletin board at Tenth Street Place.

2 CITY OF MODESTO BOARD OF ZONING ADJUSTMENT AGENDA THURSDAY, JANUARY 24, 2019 BASEMENT CHAMBERS 1010 TENTH STREET MODESTO, CA I. ROLL CALL II. APPROVAL OF MINUTES Minutes of the regular meeting of October 25, III. CONFLICT OF INTEREST DECLARATION Board members and staff may now declare conflicts of interest for the purpose of determining if a quorum will be present to act on each item in the order shown on the agenda. IV. PUBLIC HEARINGS Item A CUP A Conditional Use Permit for a hookah lounge located within 100 feet of a Residential Zone with operating hours after 11:00 P.M. located 3322 McHenry Avenue. (Roodi William) Contact Info: Jonnie Lan, , jlan@modestogov.com V. OTHER BUSINESS Item B Appoint Chair and Vice Chair for 2019 VI. ORAL COMMUNICATIONS These matters may be presented by interested persons in the audience, staff or Board Member (see Notice at end of agenda cover). Under State law, the Board may respond to matters being presented under this item only as follows: (a) (b) (c) (d) (e) Briefly respond to statements made or questions raised. Ask a question for clarification. Provide a reference to staff or other resources for factual information. Request staff to report back at a subsequent meeting. Finally, a Board member, or the Board itself, may take action to direct staff to place a matter of business on a future agenda. VII. MATTERS TOO LATE FOR THE AGENDA These may be presented by members of the Board of Zoning Adjustment and staff, upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that: 1) there is a need to take immediate action, and 2) that the need for action came to the City s attention after the agenda was posted. VIII. ADJOURNMENT Copies of the agenda are on file at the Stanislaus Library Reference Room, 1500 I Street, Modesto, and in the Office of the Planning Division, third floor, 1010 Tenth Street, Modesto, CA. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Board of Zoning Adjustment Secretary (209) Assistive listening devices are available upon request to the BZA Secretary. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Notice: Persons who wish to speak to the BZA regarding any item on the printed agenda, including oral

3 Board of Zoning Adjustment Agenda Page 2 January 24, 2018 communications, are encouraged to sign in on a form provided at the meeting. The purpose of this list is to have your name and address should we need to provide additional information to you. Signing this form is optional to speakers. Posted pursuant to Government Code Section on at by on the bulletin board at Tenth Street Place.

4 LIST OF INVOLVED PARTIES FOR THE BOARD OF ZONING ADJUSTMENT AGENDA OF JANUARY 24, 2019 At the Board Members request, staff has compiled a list of individuals having a personal/financial interest in the matters contained in the accompanying agenda report to assist in identifying potential conflicts of interest. ITEM A Relationship Name/Address Applicant Roodi William, 301 E. Collidge Avenue, Modesto, CA Owner Richard Rand, 3322 McHenry Avenue, Modesto, CA /17/2019

5 Minutes Board of Zoning Adjustment Field Trip October 25, 2018, 9:00 am The Board of Zoning Adjustment of the City of Modesto met in special session on Thursday, October 25, 2018, in the Lobby, 1010 Tenth Street, Modesto, California. The meeting was called to order at 9:00 am. Members Goriel, Roddick, Rodriguez and Selover present FIELD TRIP The Board Members and Steve Mitchell, Acting Secretary proceeded on a field trip as scheduled and viewed the following properties: Property Located at 133 Poplar (Jackson) Property Located at 1222 Del Ray (Coulie) ADJOURNMENT The meeting adjourned at 9:50 am. Original, signed copy on file in CEDD Steve Mitchell, Acting Secretary

6 City of Modesto Board of Zoning Adjustment Minutes October 25, 2018 Being the hour of 10:00 am, the meeting was called to order by Chairperson Rodriguez. I. ROLL CALL Board Members Goriel, Moradian, Roddick, Rodriguez, Selover and Vohra present Board Member Blom absent MOTION It was moved by Board Member Roddick, seconded by Board Member Selover, and carried unanimously that Board Member Blom be excused from this meeting. II. APPROVAL OF MINUTES It was moved by Board Member Vohra, seconded by Board Member Goriel, and carried unanimously that the minutes of the regular meeting of September 27, 2018, be approved. III. CONFLICT OF INTEREST DECLARATION None IV. PUBLIC HEARINGS Item A VAR A variance application for the construction of a two story accessory structure to be built within the seven-and-a-half-foot streetside setback (Ross Jackson) Contact Info: Jonnie Lan, , jlan@modestogov.com Motion/Action (Approved) It was moved by Board Member Vohra, seconded by Board Member Moradian, and carried unanimously (Goriel, Moradian, Roddick, Selover, Vohra, Rodriguez, ayes; None, noes; Blom, absent; None, recused) that the Board of Zoning Adjustment adopt Resolution No A RESOLUTION GRANTING A VARIANCE FOR A NEW GARAGE WITH A SECOND STORY RESIDENTIAL UNIT TO ENCROACH 2.5-FEET WITHIN THE 7.5-FOOT STREET SIDE-YARD SETBACK REQUIREMENT, PROPERTY LOCATED AT 133 POPLAR AVENUE (ROSS JACKSON) Item B VAR A variance application for the conversion of a side-entry garage to a front-entry garage with less than 20 foot setback (Jason Coulie) Contact Info: Jonnie Lan, , jlan@modestogov.com Motion/Action (Approved) It was moved by Board Member Goriel, seconded by Board Member Roddick, and carried unanimously (Goriel, Moradian, Roddick, Selover, Vohra, Rodriguez, ayes; None, noes; Blom, absent; None, recused) that the Board of Zoning Adjustment adopt Resolution No A RESOLUTION GRANTING A VARIANCE TO ALLOW FOR A FRONT- FACING GARAGE TO ENCROACH 5.5 FEET WITHIN THE 20-FOOT 1

7 V. OTHER BUSINESS None. FRONT YARD SETBACK ON PROPERTY LOCATED AT 1222 DEL REY AVENUE (JASON COULIE) VI. ORAL COMMUNICATIONS None VII. MATTERS TOO LATE FOR THE AGENDA None VIII. ADJOURNMENT The meeting was adjourned at 10:30 am. Original, signed copy on file in CEDD Steve Mitchell, Acting Secretary Board of Zoning Adjustment Minutes 2 October 25, 2018

8 CITY OF MODESTO BOARD OF ZONING ADJUSTMENT STAFF REPORT TH STREET MODESTO CA (209) (209) (fax) TO: PREPARED BY: APPROVED BY: Chairperson Rodriguez and Members of the Board of Zoning Adjustment Jonnie Lan, AICP Contact Info: Steve Mitchell, Planning Manager DATE: January 24, 2019 SUBJECT: CUP A Conditional Use Permit for a hookah lounge to serve alcoholic beverages after 11:00 P.M. within 100 feet of a residential zone located at 3322 McHenry Avenue; submitted by Roodi William RECOMMENDATION Resolution granting a Conditional Use Permit to Roodi William for a hookah lounge to serve alcoholic beverages after 11:00 P.M. at night within 100 feet of a residential zone. BACKGROUND This location is part of a commercial building located at 3320 McHenry Avenue. The hookah lounge, which has been operating since August 2018 without serving alcohol, is located in a space that is 2,020 square feet in area. Diamond Billiards and Wienerschnitzel are located on the same property, along with other businesses. In accordance with Section of the Modesto Municipal Code, a bar, restaurant and other establishment where alcohol is consumed on the premises with or without a meal in Commercial (C-1, C-2, C-3) and Industrial (C-M, M1 and M-2) Zones are subject to a Conditional Use Permit if the establishment is within 100 feet of a residential zone or use (unless separated from residential areas by a sufficient buffer) and alcohol is served after 11:00 P.M. The areas to the west, south and north are zoned Highway Commercial (C-3) and are developed as commercial. The area to the east is zoned Low Density Residential (R-1) and is developed with single family detached dwelling units on standard sized lots. PROJECT DESCRIPTION The applicant proposes to operate a hookah lounge which serves alcohol after 11:00 P.M. located within 100 feet of residentially zoned property. At its closest point, the establishment measures almost 83 feet from property which is zoned Low Density Residential (R-1). The applicant proposes to also have a fenced, outside sitting area in the front of the building to allow for the separation of smoking and drinking activities. ANALYSIS There is a parking lot which lies to the rear of the building on the east side of the parcel. It will be used as overflow for the parking lot in the front. A door at the rear of the business faces the eastern parking lot. The owner of the business has proposed that the rear door will be used only as an emergency exit. There is also a roll-up door at the rear of the suite. This is a false front. Behind the door is actually a wall, built by a previous tenant. The person door must be constructed in such a Board of Zoning Adjustment Agenda Report January 24, 2019 Public Hearing Item Page 1

9 way as to open only from the inside. Staff is recommending a condition requiring the door to remain closed except in an emergency event (see Condition #6). The intent is to minimize the potential loitering at the rear of the building. By directing the activity to the front of the building, staff expects that the building itself will buffer the sound. With conditions noted above, staff is satisfied that the proposed business operations will be compatible with the surrounding residential uses, and recommends approval of the conditional use permit. ZONING CONFORMANCE The site is zoned Highway Commercial (C-3). Under this zone, the proposed changes to the hours of operation (serving alcohol after 11:00 P.M.) trigger the approval of a Conditional Use Permit under MMC Section With an approval the proposed use will be in conformance with the Zoning Ordinance. ENVIRONMENTAL ASSESSMENT This proposed CUP is exempt under Section of the CEQA Guidelines which exempts minor alterations to existing facilities. ATTACHMENTS (included with Board packets only) 1. Draft Board of Zoning Adjustment Resolution January 24, Financial Interest Disclosure Form 3. Large-Format Map Board of Zoning Adjustment Agenda Report January 24, 2019 Public Hearing Item A Page 2

10 Board of Zoning Adjustment Agenda Report January 24, 2019 Public Hearing Item A Page 3

11 3322 Mc Henry Avenue With Concept Fencing 106 feet 83 feet Board of Zoning Adjustment Agenda Report January 24, 2019 Public Hearing Item A Page 4

12 BOARD OF ZONING ADJUSTMENT RESOLUTION NO XX A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ROODI WILLIAM TO SERVE ALCOHOL AFTER 11:00 P.M. LOCATED 3322 MCHENRY AVENUE WHEREAS, an application for a Conditional Use Permit to serve alcohol after 11:00 P.M. for a business located 3322 McHenry, was filed by Roodi William on October 11, 2018; and WHEREAS, Section of the Municipal Code authorize the Board of Zoning Adjustment to grant Conditional Use Permits; and WHEREAS, a public hearing was held by the Board of Zoning Adjustment on January 24, 2019, in Chambers, 1010 Tenth Street, Modesto, California, at which hearing evidence both oral and documentary was received and considered; and WHEREAS, the proposed conditional use is exempt from CEQA, pursuant to Section of the CEQA Guidelines, which exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency s determination; and NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Adjustment that it finds and determines as follows: 1. The proposed conditional use permit is consistent with the objectives and requirements of Title 10 (Zoning Regulations) because the Regulations allow for a bar, restaurant or other establishment serving alcohol after 11:00 P.M. in the Highway Commercial (C-3) Zone upon securing a Conditional Use Permit from the Board. 2. The proposed conditional use and the conditions under which it will operate is consistent with the General Plan because the proposed use is located in an area designated as C Commercial in the City of Modesto Urban Area General Plan. As restaurants and lounges which serve alcohol after 11:00 P.m. are permitted in the Highway Commercial (C-3) Zone with a Conditional Use Permit, the proposal is therefore consistent with the General Plan. 3. The proposed conditional use will not be detrimental to the public health, safety, or welfare or materially injurious to uses, properties or improvements in the vicinity because: a. The hookah lounge is located within an existing commercial building in an established commercial area. b. The hookah lounge is separated from the adjacent residential uses by approximately 83-feet of setback area and an existing six-foot high masonry wall. CUP

13 Res. No XX Page 2 c. As condition of approval, the hookah lounge shall close or restrict access through the rear door and adhere to the provisions of Title 4, Chapter 9, Article 1 (General Noise Regulations) of the Modesto Municipal Code. 4. The proposed conditions of approval will ensure compatibility with the surrounding uses because the existing building will not be expanded or altered beyond tenant improvements required for the operation of a hookah lounge and the restricted access from the rear door. 5. The proposed conditional use is exempt from CEQA, pursuant to Section of the CEQA Guidelines, which exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency s determination. BE IT FURTHER RESOLVED by the Board of Zoning Adjustment that a conditional use permit for a hookah lounge in an existing commercial building serving alcohol after 11:00 P.M. be granted subject to the following conditions: 1. All aspects of the project shall comply with current City of Modesto Standards and current California Building, Electrical, Plumbing, and Energy Codes adopted by the City of Modesto. 2. All signs shall comply with the sign requirements of the C-3 Zone. 3. Freestanding sign along McHenry must be removed. 4. The facility shall adhere to the provisions of the City s Noise Regulations as outlined in Title 4, Chapter 9 of the Modesto Municipal Code. 5. Outdoor activity shall be allowed in the front, along the west side of the building. 6. Rear person door must be converted to open as an emergency exit only. 7. All landscaping, fences, and walls shall be maintained and the premises shall be kept free of weeds, trash, and other debris. 8. Prior to issuance of a Building Permit, plans shall be stamped and signed by a licensed Architect or Engineer. Submitted plans shall include but not be limited to the following: 1. The location and dimensions of all entrances and exits; 2. Accessibility to the stage; 3. The location of all fixtures and seating. 9. At the time of issuance of a building permit, the developer shall pay all applicable development impact fees at the established rate. Such fees may include but are not limited to, sewer and water connection fees, community facility fees, building permit and plan check fees. CUP

14 Res. No XX Page The property owner and developer shall, at their sole expense, defend, indemnify and hold harmless the City of Modesto, its agents, officers, directors and employees, from and against all claims, actions, damages, losses, or expenses of every type and description, including but not limited to payment of attorneys fees and costs, by reason of, or arising out of, this development approval. The obligation to defend, indemnify and hold harmless shall include but is not limited to any action to arbitrate, attack, review, set aside, void or annul this development approval on any grounds whatsoever. The City of Modesto shall promptly notify the developer of any such claim, action, or proceeding and shall cooperate fully in the defense. Failure to comply with any of the above conditions is unlawful and will constitute grounds for revocation of the conditional use permit. BE IT FURTHER RESOLVED that the conditions of project approval set forth herein include certain fees, dedication requirements, reservations requirements, and other exactions, and that pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. BE IT FURTHER RESOLVED that the applicant is hereby further notified that the ninety (90) days approval period in which a protest of these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a) can be filed, begins on January 24, 2019, and that if a protest is not filed within this ninety (90)-day period complying with all of the requirements of Section 66020, the applicant will be legally barred from later challenging such exactions. BE IT FURTHER RESOLVED by the Board of Zoning Adjustment that the Secretary of the Board is directed to file with the Stanislaus County Clerk a Notice of Determination in regard to the environmental impact of the proposed conditional use permit. The foregoing resolution was introduced at the regular meeting of the Board of Zoning Adjustment held on January 24, 2019, by, who moved its adoption, which motion was seconded by and carried by the following vote: Ayes: Noes: Absent: Recused: BY ORDER OF THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF MODESTO. Original, signed copy on file in CEDD Steve Mitchell, Secretary CUP

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