CITY OF MODESTO BOARD OF ZONING ADJUSTMENT AGENDA THURSDAY, FEBRUARY 28, 2019 AT 10:00 AM BASEMENT CHAMBERS 1010 TENTH STREET MODESTO, CA

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1 CITY OF MODESTO BOARD OF ZONING ADJUSTMENT AGENDA THURSDAY, FEBRUARY 28, 2019 AT 10:00 AM BASEMENT CHAMBERS 1010 TENTH STREET MODESTO, CA I. ROLL CALL II. APPROVAL OF MINUTES Minutes of the regular meeting of January 24, 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 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 (Roodi William) Contact Info: Jonnie Lan, , jlan@modestogov.com V. OTHER BUSINESS None. 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.

2 Board of Zoning Adjustment Agenda Page 2 February 28, 2019 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 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.

3 LIST OF INVOLVED PARTIES FOR THE BOARD OF ZONING ADJUSTMENT AGENDA OF FEBRUARY 28, 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 /25/2019

4 Minutes Board of Zoning Adjustment Field Trip Thursday, January 24, 2019, 9:00 AM The Board of Zoning Adjustment of the City of Modesto met in special session on Thursday, January, 24, 2019, in the Lobby, 1010 Tenth Street, Modesto, California. The meeting was called to order at 9:00 am. Members Blom, Goriel, Moradian, Roddick, Rodriguez and Selover present FIELD TRIP The Board Members and Steve Mitchell, Secretary proceeded on a field trip as scheduled and viewed the following properties: Property Located at 3322 McHenry Avenue (William) ADJOURNMENT The meeting adjourned at 9:55 am. Original, signed copy on file in CEDD Steve Mitchell, Secretary

5 City of Modesto Board of Zoning Adjustment Minutes January 24, 2019 Being the hour of 10:00 am, the meeting was called to order by Chairperson Rodriguez. I. ROLL CALL Board Members Blom, Goriel, Moradian, Roddick, Rodriguez and Selover present Board Member Vohra absent MOTION It was moved by Board Member Roddick, seconded by Board Member Selover, and carried unanimously that Board Member Vohra be excused from this meeting. II. APPROVAL OF MINUTES It was moved by Board Member Goriel, seconded by Board Member Moradian, and carried by majority that the minutes of the regular meeting of October 25, 2018, be approved. Board Member Blom abstained due to being absent at the October 25, 2018, meeting. III. CONFLICT OF INTEREST DECLARATION None 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 Motion/Action (Continued) It was moved by Board Member Moradian, seconded by Board Member Roddick, and by majority (Blom, Goriel, Moradian, Roddick, Selover, Rodriguez, ayes; None, noes; Vohra, absent; None, recused) that the Board of Zoning Adjustment continue the item to the next Board Meeting on February 28, 2019, with direction to staff to prepare a resolution of denial of the conditional use permit. Item B Election of Chair and Vice Chair Motion/Action (Approved) It was moved by Board Member Goriel, seconded by Board Member Roddick, and by majority (Goriel, Moradian, Roddick, Rodriguez ayes; Blom, Selover, noes; Vohra, absent; None, recused) that the Board of Zoning Adjustment appoint Board Member Rodriguez as 2019 BZA Chair. Motion/Action (Approved) It was moved by Board Member Blom, seconded by Board Member Moradian, and carried by majority (Blom, Goriel, Moradian, Roddick, 1

6 Selover, Rodriguez, ayes; None, noes; Vohra, absent; None, recused) that the Board of Zoning Adjustment appoint Board Member Vohra as 2019 BZA Vice Chair. VI. ORAL COMMUNICATIONS None VII. MATTERS TOO LATE FOR THE AGENDA None VIII. ADJOURNMENT The meeting was adjourned at 11:05 am. Original, signed copy on file in CEDD Steve Mitchell, Secretary Board of Zoning Adjustment Minutes 2 January 24, 2019

7 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: February 28, 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 denying 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 On January 24, 2019, the Board of Zoning Adjustment considered the application of Roodi Williams to allow an establishment to serve alcohol after 11:00 P.M. The proposed 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. At the time the proposal was heard by the Board, several residents spoke in opposition to the extension of alcohol service to after 11:00 P.M., expressing concerns about noise and fighting after 11:00 P.M.. After hearing these concerns, the Board voted to continue the hearing with direction to staff to prepare a resolution for denial of the CUP. 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. Board of Zoning Adjustment Agenda Report February 28, 2019 Public Hearing Item A Page 1

8 ANALYSIS Per the request of the Board of Zoning Adjustment, staff contacted the Modesto Police Department to determine if there had been a history of calls regarding noise and fighting, especially after the 11:00 P.M. hour. Since August, 2018, Modesto Police Department has not recorded calls for assault, battery, fighting or public nuisance at this address after the 11:00 P.M. hour on this property. The Board also requested information on the business next door, Diamond Billiards. Based on phone calls made by staff, it was confirmed that Diamond Billiards is open until 2:00 A.M. and serves alcohol between 11:00 P.M. and closing. The current business license was issued in 2012, however similar businesses have existed at this location for the last couple of decades. The requirement to obtain a Conditional Use Permit in order to serve alcohol after 11:00 P.M. was established in the last 5-10 years, rendering the billiards business as legal non-conforming. ENVIRONMENTAL ASSESSMENT Denial of this proposed CUP is exempt from CEQA. ATTACHMENTS (included with Board packets only) 1. Draft Board of Zoning Adjustment Resolution for Denial February 28, Large-Format Map Board of Zoning Adjustment Agenda Report February 28, 2019 Public Hearing Item A Page 2

9 Board of Zoning Adjustment Agenda Report February 28, 2019 Public Hearing Item A Page 3

10 3322 Mc Henry Avenue 106 feet 83 feet Board of Zoning Adjustment Agenda Report February 28, 2019 Public Hearing Item A Page 4

11 BOARD OF ZONING ADJUSTMENT RESOLUTION NO XX A RESOLUTION DENYING 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, denial of a project is exempt from CEQA, and NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Adjustment that it finds and determines as follows: 1. The proposed conditional use will be detrimental to the public health, safety, or welfare or materially injurious to uses, properties or improvements in the vicinity because: 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, within the 100 foot setback. Within the 83 foot setback is a parking lot where a large portion of the required parking is located. The parking lot, itself is immediately adjacent to residences, creating potential issues with noise and activity. 2. Proposed project will not be compatible with the surrounding uses because the majority of the required parking is immediately adjacent to the residential properties to the east, setback less than 100 feet, and only separated by a 6-foot masonry wall, not considered an appropriate physical barrier. 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 denied. The foregoing resolution was introduced at the regular meeting of the Board of Zoning Adjustment held on February 28, 2019, by, who moved its adoption, which motion was seconded by and carried by the following vote: Ayes: Noes: CUP

12 Res. No XX Page 2 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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