Board of Zoning Adjustments - Regular Meeting

I'm going to go ahead and call the meeting to order. This is Thursday, August 27th. This is East County Board of zoning adjustments. Um, and we can start with roll call.

Here, here, here. Thank you. Pledge of Allegiance.

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you. All right. Anything on open forum?

There are no hands raised, no votes preferred.

Thank you. The closed forum and moving on to neighborhood preservation. Thank you. It's the 1st item is key. 1.

If, uh, uh, B, 1 is, uh, means lane lessons. Uh, when I'm already hearing about, um. Parcel number 94, 6, 4, 4, 0, 1. That should be 0, uh. Um, this is regarding violations of county preservation ordinance sections. 6.65.030. Uh, based on a community to accumulate property. Overgrown vegetation property and failure to evade. Exterior fire and, uh, staff recommends, um. The denigration of property and violation of the name registration ordinance. A lot of nuisance and require payment of the violations and a code enforcement officer, Juan Carlos Martinez is here to present the exact work.

Good afternoon. I'm Carlos Martinez with, um, as. To restate the, uh, this is for. Uh, violations value accounting neighborhood reservation ordinance, 6.6, 5.0. A, 1, 3, 10, to be 6 for. Travels rate vegetation. Unapproved storage of inoperable vehicles and failure to all exterior fire hazards on the property. The facts are as follows on June, 18, an appointment letter was mailed to the property owner by regular mail. Uh, scheduling an appointment for June 30th, 2026. On June 30th, the site visit, I remember those violations listed above. Um, was I able to locate the front door at the time? I didn't call out until I was present and stop at the end of the driveway from the owner who is not present. On July 6th, uh, declaration, uh, public nuisance notice to abate mail to the property owner by regular mail. On July, 17th, uh, connected a site visit. Um, there was a fence, uh, installed at the end of the driveway, um, and prevented access to the property. Uh, from there, though, I could still confirm the violations were still present. On July 23rd, a notice of failed inspection, uh, fines and fees assessed and the letter was sent to the property by regular mail, uh, regular and certified mail. The follow up appointment was scheduled for August 3rd, 2026. On August 3rd, we conducted the site visit and the fence was removed, the fence at the end of the driveway, allowing access. Again, confirmed the violations were still present. During that appointment, I met with the owner and explained the violations. The owner stated at the time he was unaware of the appointment that was scheduled. On August 6th, a notice of failed re-inspection and a notice to abate and a notice of administrative hearing was mailed, certified and regular mail to the property owner. Previous violations said yes, they're quite old from 2017 to 2026 there have been no cases. All violations of this property are greater than 10 years old. There were 13 previous to that for trash inoperable vehicles, overgrown vegetation and unpermitted access structures. Five of those had no violation and one resulted in a referral. We have had contact with the property owner following that appointment. And the property is not protected. Uh, staff recommendation is to declare the property in violation of the Alameda county preservation ordinance. Public nuisance and require a within 10 days. Um. But, uh, we have met with the owner. He's in attendance today. Um. Given the scope of the violation and his willingness to work with us. Let's start the slides here. This is Fort Greene's Lane, Pleasanton. This is within Castlewood. It's actually right across the street from one of the holes on the golf course. This is from the June 30th inspection from the street view, and then I'm looking up the driveway. As you move up the driveway, I can see some of the accumulation of trash. It becomes more apparent as you go to the end. Exhibit 6 is looking, standing in the driveway to the left. Vehicles there. 7 and 8 are at the end of the driveway. 9 is at the end of the driveway looking to the left. Property front. then 10 is looking back from the end of the driveway. 11 and 12 are from my re-inspection on July 15th. That's the gate that was there. I couldn't quite capture it in the photo, but you could still clearly see the items present. Exhibit 12. The re-inspection on August 3rd. And then I did go by the property on Tuesday, the twenty fifth this week, and, uh, the answer is still present. Um, the owner did, uh, was present at the time of the inspection. Um, and pointed out some of the areas that he had removed some traps mentioned that he's, um. Making daily, um. Take more about that.

And was that your observation? Did you think there had been removal?

I did notice some removal, uh, given the scope. It's, it's, uh. Relative to the total amount, there's still a lot more work to do, but we can see that. Thank you.

And just to clarify on the 3rd of August. Can I just interject? We continue. I don't think you wrote your script for the administrative hearing. You want to read it? No, it's an impact.

It should just be provided to the chairs, the chairs for money for money meeting up the cherry bonkers and the president.

I make sure we read that off.

Did you want me to read it to the record? Okay. Um, so these are administrative hearings for the neighborhood preservation and Alameda county zoning ordinances items on today's agenda have been scheduled because the owner has not complied. with a notice to abate a nuisance. As the enforcement body, we will hear and consider all relevant evidence, judgments or protests, and receive testimony as to the means of abating the alleged nuisance. For this board to find that a nuisance has been abated, the owner must show proof that the nuisance has been rehabilitated, repaired, removed, or demolished. If you cannot show proof of abatement, then we may find that a public nuisance does exist on your property and that there is sufficient cause to abate the nuisance. This board will then issue an order specifying the nature of the nuisance and the method of abatement. The abatement work must be commenced and completed in not less than 10 or more than 60 calendar days. Board order will reference your right to appeal or decision. You will have 10 days from the date of service of the order to appeal to the Alameda County Board of Supervisors. A copy of the findings and order will be served on all owners of the property in the same manner that notice of this hearing was given. In addition, a copy of the findings and order will be posted on or near the property. Any fines imposed by this board may be reduced or weighed upon a determination of hardship or special circumstances. For the record. Thank you. Um, Back to you Juan Carlos.

Well, that actually included my presentation, so I'm happy to answer any questions. Thank you. Do you guys have questions?

I'd like to hear from the company.

We do have a speaker. Do you want me to open?

Yes.

Okay, do you have anybody online?

There is no one online wishing to speak.

Okay, so in the room, Richard Reedy. Yes, I'm here if you want to just that. Great.

Thank you.

Yes, sure.

I'm not sure I've never been to one of these meetings before, so I'm not sure exactly what I'm supposed to does the format I should follow should be. Just wanted to point out a couple of things that. Mr. Martinez shared with you all. And the first is that I did not know that any of this was taking place until the 3rd of August. I met Mr. Martinez at the bottom of the driveway when I was in the process of leaving. And the entire volume, well, for starters, for the entire month of June, I was not from this country. My airline tickets were cruel. I was gone from the city. to the 26th of June. So all of these initial visits to the point were defined for being global. I was completely unaware of any of this was going on. When I did meet Mr. Martinez on the 3rd, on other things, he asked me how long I thought I needed a remedy to this issue. I would need until the end of September. I guess the bottom line is that I would be asking for that. Now, obviously those pictures are pretty horrendous, but I would like to say that I don't know if this is relevant, but one of the reasons I was over in Europe was not, it was not their orientation. I was there looking for a property because I was planning on hiring a leader. So there was a lot of hustle and bustle. When I was over there, slowly but eventually came to the conclusion that my need for eventual medical issues, care, I'm not going to realistically be able to live. So I came back. First of all, July ish and then. Talk to my sister and. We talked back and forth. So, and basically, because she's kind of trying to take care of his property and told her that I wanted to live. I wanted to live in. That whereas up till then and. Meaning for story, I need to start. On my own volition, ending on the thirteenth of. 14th of July, I have these parties.

They just pause in here. So the 3 minutes are up. Oh, I'm sorry. Yeah, I'd like to a lot more time, but we do need to wrap it up.

Okay, well, I just, I had my, I had pictures, but. Um, I've read during that time in July and 32 story shares. They've been moving back to the story shows. And this is not cheap stuff. I mean, there's probably $20,000 worth of stuff here. For example, I mean, there are plenty of other things. And I move them to the building area. And I also stage. This is a critical thing. I stage the items in the driveway. None of these items were here on the driveway. Like this, on the solving front. I staged them. Then I rent a cargo van, load up the cargo van, and see what it is. Then with the cargo van, I go to the transportation, the garbage, and other stuff that I load up in the cargo van. This is when I rented this. It's not a strange thing I had. I rented it. It was empty when I got it. Uh, middle and now it's being to go back. So, that's the routine that I've been following. I just, uh, I also still work 40 hours a week every day. I try to do a little bit. I keep, I try to keep my stuff in the driveway. It's a staging area. And I rent a van, so I can more quickly. I'll step into it and probably go to the district. The, uh. I'll also, um. The last slide, the slides that Ms. Martinez shared with you, those were all areas that I kicked through. That stuff used to be against the edge of the property covered with tarps. I'd already moved the tarps. I started owing to the stuff and the items that I'm going to totally get rid of. I just leave there. And that's why it looked like a complete mess because I kicked through them. Just kind of work my staff. Thank you. Do you have a request for the. Or yes, and I basically am allowed to do what I originally requested from this Mr. Martinez and that was the end of the next month.

Can be doing this, so you're requesting time until September and you're asking for a waiver of the fines.

Wasn't aware that that was hearing it off. Yes, I could throw in.

Thank you for coming here today. I know. 1 thing that I think, uh, as kind of staff or we recognize that this is kind of out of the realm of kind of normal thing. So, um. But I can tell you that that what we tried to hear is, uh, via liaisons between property owners and. And issues and county staff and figure out, you know, what works. On the county end as well as the property. For you for yourself, so I know it's uncomfortable, but I commend you for coming in and sharing what you have. And hopefully today, our goal is to get the solution of this to where we can, you know. Following the county laws and codes. Yeah, I know that you're fulfilling your. Your obligations. Thank you for being here.

So, I'm going to close public comment.

Questions for staff.

Yeah. Um.

It didn't just happen. This has been going on for years. We do the, we debate with and this kind of work for all of our county. That's what our business does. And I'm well aware of how this. It was about getting cleaned up. It looks to me has the fire department been notified or just you.

Uh, fire department, you know, uh, the balcony comes referred to, but let's discuss.

That's exactly what I'm going after.

That's the only referral.

And, you know, the house has to be trimmed back 25 feet. It's in a high fire zone. You guys know where I live in Happy Valley. I trim my trees back. You've got to have access. It's a mess. And I would find it hard to believe that that's going to be all done by the end of September. But if you hire somebody, then I think that could be impossible. But The fire marshal has been notified then and has gone there. No, at this point. I would think that that would be something that we need to go much more with. I think it was two years ago there was a fire on top of that hill. And when you're looking at it from my side this way, you're going, going like, yeah, this is fire getting stopped. I mean, of course, you guys saw the fire the other day in Ruby Hills. When I got there, it was 30 acres. And by the end of the night, it was 1,000. But anyway... That's the problem here. You know, there's maybe wraps and stuff there, but the fire up there and it's above Fale Road by the golf course. So I think we need to be pretty straight on what we're going to request. Maybe we'll give them the leeway to get it done by September 30th. But after that, you get 10 days to Put a warrant in and that's how Santa Clara issued the warrant. And then the works done in 10 days, because it's going to get to the point where it's November and then you can hear I can't do it. It's raining.

So, so you're. Do you have a question?

No, just just just. Question was fire department stay on top of it.

So, my question is Richard mentioned that he didn't really know about it. Communication to even Santa until you show up to own this property. Is this send certified email number 1?

It is the initial appointment letter sent, um, after the 1st, notice of violations and notice of violations. The fines are sent certified and green. Yes, notice of delivery inspection is certified and that's to the, uh. Excuse me, uh, to the property owner and as well as the mailing address on file, which I believe in this case, they were different. Oh, they are the people. So it wasn't the people as well, but.

So, but he lived there, correct?

Uh, we mentioned that it's, uh. I've seen him there. I met him there. I don't know if it's, if it's current, his current residence. He mentioned that he does live there, but he also mentioned that it's mainly for storage. So I'm not quite sure.

So, so when you said it's certified mail, do you get confirmation that it's been received?

After a period of time, if it's yeah, it sent it back to us. It's typically a month, a month lapse in time before we get confirmation.

Well, well, I hear again, it's, it's, it's the abandoned car deal again, non registered movable runnable. I don't know how many cars were there, but that's that's a separate issue in itself. Right?

So, but did you get confirmation that the correspondence was received?

Uh, I don't have that. Um, I will say that when I met with Mr on site. Um, he didn't say that he does not check as we often, um, and on Tuesday, uh, he did confirm that he had received letters that would be here.

That was also 25th. Uh, yes. Okay. All right. Did you have any other questions?

So this has been going on since, um, basically, Jim. Like, the, the process. Yeah, right. So. So.

Yeah, that's all I have.

So, do you have any qualifications to your recommendation to.

No, I think, um. I agree that it's going to take more than 10 days. Um, so we're working with them as well as we can share the appliance. It's a longer period of time. Uh, you might want to, uh, on condition or re-inspection or, or, uh, recheck halfway through. Um. But that would be my only concern just to make sure that it is moving for additional time. If you're going to give it to.

And you mentioned a compliance plan, you had a compliance plan in mind, or is that something you'd work with the landowner to put together? Like, what would that look like? If that's something that we were to consider.

Um, that would look like. Yeah, okay, so negotiate the timelines and then, uh, commit to periodically inspections along the way. So, if, uh, for example, in this case, or violations, we might have identified. Okay. Um, a couple of weeks out or month out, we will be checking for these to make sure that they're done. Um, and then. Markers along the way benchmarks on the way. That those items are being addressed.

So, if you're going to involve a fire marshal, are you going to coordinate with them as to, or did they take over the fire for.

It would be a referral to them when we get together. Uh, how are we going to proceed with the sale to be involved? If. Problem is willing to have us both there. I haven't seen the rest of the property either. Seeing to the driveway, and I don't know the condition around the side and very property. Um, so that might be some fire department. perhaps joint inspection there.

So you're not modifying your recommendation to us? I mean, so if you're recommending plan, don't you have to modify your recommendation?

Well, sorry, again, the timeline of September 30th or whatever. So that's the, that's the plan.

I think that's the question.

Yeah, go 2 weeks and nothing's going on. That looks like it's not going to go on. I don't know how many cars have to be towed out of there.

Well, I, okay, so I, I think. So, I think if it's to the end of September, which is just over 30 days, I, I would not modify my recognition.

But your, but your recommendation. Is that it has to be within 10 days.

Okay. Excuse me. Sorry. Yes. Uh, the recommendation would be required within clarity days or 45, 45, 45 days.

Okay, so could you for the record, could you restate your recommendation?

Staff recommendation is to declare the property violation of the Alameda County neighborhood preservation ordinance, a public nuisance and require payment within 45 days.

With that on the table, any questions about that?

Yeah, I mean, I. Again, I think we have a problem that's that's that's. Wants to make things right and I think putting a 45 day, um, you know, this has to be done by 45 days. There's a lot on the property. I would like a compliance plan put together. To where now, instead of feeling like you're alone out there, figuring out what to do, you have actual, okay, we, you know, you tell them what needs to be done and help organize the stuff to, to do it. Um. And you create an appliance plan, um, and make sure he's meeting his landmarks. To to to get the compliance plan finished.

You know, I don't want to make an argument about this Derek, but. It's in Castlewood and and it's up in a pretty nice call, of course. Plan would be how does the neighbor's house look or housing house across the street? Look. That's the plan.

Well, so, like, so I actually thought this was being pretty generous because. September of 30, just less than 25, I think it was away. So the property owner just told us that he believes he can get it done by the end of September. 45 days actually gets them into October. Um, and is a compliance plan just.

You think it will be well, if we had the fire component to get the fire inspection and like, whatever other things that might need to be known that I don't know needs to be done.

Does that get included in compliance?

That's that's. Not subject to code enforcement, so it would not be submitted to a compliance. And that to be separate brought in with the fire department.

It's a whole 2 different deals.

Yep.

And I think they'll do the fire guys do the fire portion on that.

So, all we're talking about is the appliance of of the nuisance, right? We're not adding anything else to that.

Also, I don't think I don't think of any vehicles as part of this. I don't see it in the agenda.

I don't see it.

It was in the presentation, so I can see the pictures.

So a three is for storage of inaudible vehicles. That's separate from dump vehicle, which is a six point four eight. We have a separate procedure for that. Typically, we will and a three is abated through fines and fees. If we gave it to be Jonathan's a separate notice from separate or advanced section, which would require that ultimately and in tone.

It's not, but the abandoned vehicles are included.

Yes. It's on the agenda. I'm sure I have listed in the violation. Yeah. 3. 6. the 3rd point.

And if you haven't been around the whole site, you don't know how many are in there.

Correct. There's at least a foreign driveway that I haven't seen. Okay, cool.

So, remember any, if you want to make so well, I'd like to ask.

And, you know, one more file like that.

Oh, yeah, I could be able to public comment.

Uh, 1 question for you would be, um, uncomfortable being vehicles scale after those.

My vision is by 2020, but if you were vehicles that you saw, or the ones in the driver. 4 of them Mustang. Yeah, you're right. All four of those are off. Off to the side is a tourist. And furthermore, I can't figure out how to get rid of it. And what I mean by that is I can't get to full because I don't have any other registration. I was told by somebody, nobody here of course, that the county can write some sort of a form form that says this vehicle can be done and I give it to the tow truck driver and they can take it away. Something like that. I don't know. I'll have to just keep on working on that. But yes, there are two vehicles that I jump on. They're not the ones in the driveway. The driveway's just far. The ones in the drives. That's the vehicles. And the other thing is, um, kind of. With respect to this, um, there's, there's not a single push. For a plan anywhere within 15 feet at the perimeter of that problem. And those are the picture, and I'm well aware of that, because I know that people like to put bushes and plants up close to the cross. I'm going to talk to them straight up close to their house. Nothing around the whole of the house. It's about a fifteen foot. It's all asphalt. The only plant plants or vegetation that is around the house. Emerald for several credits. They're adjacent to the road. Is that it? We can see they're only I'm just I'm saying in fifteen feet of the side of the house. There's like, emerald ash. There are several privets. These are all low VLC plants. These aren't like pine or junipers and things. My house, around them I have privets and an oak tree, emerald ash, and then nothing. But there is a fire situation, and I pointed that out to Mr. Martinez. When I do the cuttings and the framing and stuff, I have three separate piles. And then I asked a PR of all service to come and pull it away because last time I tried that, I actually seriously injured myself and ended up in the ER. It's another side point, but I didn't remove it. But it's true. It needs to go away. I just want to keep on adding to the file all the way once. But if you want it done now, I can certainly do it now and just start another file in the course of the next week.

Okay, thank you. I'm going to close public comment. I want to make the motion better.

Sure. I mean, I'm very comfortable doing a stack recommendation with the 45 days hearing from the applicant saying that he could have it done by late September. Again, I would recommend the, I'm not sure if this is something the county has access to, to, like, how you get rid of junk card titles. I don't know whose department that is. Um, that seems something county does, or if that's something private. Owners do, um. But I think the 45 days, and again, I think 1 thing you should understand is counting really is here to help you. So, whatever problems you might come along, um, reach out to, you know, um, come on Carlos and, and, and I think. Counting really is here to to help assist in the process of what they're trying to achieve. So, my recommendation is the staff approval with the 45 days.

So we have a motion approved to step step. We have a 2nd.

In that motion, you're going to have a joint. It's especially with the partner.

Yeah. So following up, I will refer to that. And then if I can just add, uh, regarding the vehicles, uh, the junk people. That case can run concurrently. I can issue a notice for that. And then as long as we get a, uh. Consent notice of liability waiver, regarding the vehicles that those moving units with on removing them. We can assist with removing any vehicles. Oh, I just need something to get to the talk program.

Yeah, we have a rule call on the vote. The question is, is this fully stand on the fines? No, so what we did is we have a motion to accept the staff recommendation as well with 45 days. So, there's no, there's no mention of.

From from 10 days, 45 days, right?

That's the motion and we had for, we had a motion and we had a 2nd.

Number yes. Hello 1, not excited. Yes, chair season.

Yes.

Okay. Measure passes 3. thank you.

All right, moving on item B, 2.

When room, and then B, 2 is. The enforcement item at 97, a, 2, wind road, South South wind road. In the designated particle number 99. The six fifty two that do. This, uh, I'm hearing is, uh, regarding violations of the county. No, any ordinance section from seventeen oh, six, seventeen, six, seven, seven, five, two. Retain the soil importing without an administrative. For that argument, it was to deny the appeal. And continue with plants. Vote enforcement officer, Holly, be like, it's here to present staff board.

9, 7, 8, 2, plan to go south California, 9, 4, 5, 5, 0. Property owner in South plan, LLC. In zero nine nine five six zero zero two left six. Violation is Alameda county zoning ordinance. So, we'll import an ordinance. Seventeen point zero six. Seventeen point six six. Seventeen point five four point zero zero zero. And seventeen point zero two point one to three zero. So, importing into the parcel without an administrative permit. And or condition on the side and back on on the six four twenty twenty four staff connected an initial site visit and observed trucks entering a property to deposit soil. On six four twenty twenty four integration of public nuisance mail regular and certified mail. Nine six twenty twenty four through twenty six twenty five nine site visits and confirmed violations. 9 fines and fees were mailed for the time frame of September 6th, 2024 to May 30th, 2025, totaling $46,067. On 6-26-2025, a Vapeman Hearing Board approved standard recommendation amending the resolution to include virtual active June 4th, 2024 On July 24th, 2025, an abatement hearing where staff requested the board to reconsider the decision on 6-26-2026 to actively fine the owner. Members voted to accept staff's recommendation that enforcement will continue if the owner fails to comply with the abatement order. On July 25th, 2025, an abatement order was posted and mailed regular and certified mail. On September 15th, Twenty twenty five a letter was mailed to the owner for issuance of fines and fees for non compliance of abatement order. Mail to honor and missing one thousand dollars a day. Beginning on October sixteenth and twenty twenty five. On November third, twenty twenty five finds and these were mailed. A month and fifteen thousand dollars for the date range of October seventeen. To October thirty first twenty twenty five in addition to a two hundred and. 68 administrative fee. Those fines and fees of administrative fee were paid by Chen on February 10th, 2026 by the property owner. On December 16th, 2025, fines and fees were mailed for a $15,000 fine covering the dates of November 1st through November 15th, 2025, plus a $268 admin fee. On April 1st, 2026, fines and fees were mailed for $135,000 fine, ranging from November 16th to March 3rd, November 16th to March 31st, 2026. Plus a two-fifth of the United admin fee. On April 29th, 2026, an appeal was received by the property owner. On the fifteenth, twenty, twenty six, the appeal was denied. They missed the ten day deadline on June twenty fifth, twenty, twenty six. I cited investigation was done and I confirmed one truck, ensuring the property. On seven, one point twenty six. Fines and fees were mailed a ninety one thousand dollars. Covering April 1st through. June 30th, 2025, they'll be inspection fee. At 214 dollars, in addition to a 1000 dollar fine for the additional truck. Plus 289 dollar admin fee for the fail was mentioned on 6252026. On 7, 8, 20, 96, the field level of the seat. On 8, 42026, and field hearing though, this was mailed. For August 27th, 2026. On August 21st, 2026, the amended hearing notice was mailed and emails. For August 27th, 2026 to verify. For the previous regulations. No. Have we had contact with the property owner? Yes. Is the property vacant? No. And the second recommendation is to deny the appeal and clear that the property is still in violation of the Albany county zoning ordinance. Soil importing. Therefore, a public nuisance and required compliance with the enablement order issued on July 24th, 2025 should be completed immediately and pay outstanding fines and fees. This is a photo from my inspection on June 25th as the truck filtered the property. Here's the picture of the same day showing that they're opening the screen to prepare for dumping. Um, where they read air shows that is the truck dumping the soil. And this is the truck leading the property. I stopped the truck to ask for the manifest and this is the documentation. Supporting the dirt falling to the plan property. And this is the chart. So, it was about a minute. About 20 minutes or so to enter and exit the process. There's no important that should be done there because they have a violation and no initial on this time. All right, we continue to get complaints. We've been constantly getting complex of this property here.

Yes.

I, this is the appeal received an appeal. So, on February 10th, 2026, the almost limited payment to the Alameda county community development agency for outstanding fees associated with the property. The response to the payment of fines and fees does not await the date and order or allow for continued activity. Appeal point B, the property owner has been awaiting geotechnical engineer to complete the geotechnical investigation requested by the county of Alameda for soil abatement. And our response is that no communication has been given to the county regarding the geotechnical engineer required authentication. And the deadline was October 15th, 2025. Appeal point C elder from each near micro resorts Echo Park project for the. Project for this property also requires the soil a big study in order to present the eco projects plans for the architectural review. Our response is that the denial letter for the soil reporting project and notification to see soil importing activity was sent to the owner on March twenty first twenty twenty five. Point D, the owner was not aware of when the county required the property to be re, inspected much alive for twenty twenty six. Response was responding to a complaint of continued sort of activity. Staff recommendation again is to deny the appeal takes no air after the property is still in violation of the element of Amazon environment soil reporting. And there are public nuisance with our compliance with the abatement order issued on July 24th, 2025. To be completed immediately and pay off standing by some piece. That completes my presentation.

Thank you for questions. Yeah. I just have a quick question. So don't they have a second appeal that we're considering?

No, the first appeal was denied or did not meet the 10 day. This is the appeal hearing.

Okay, I thought there were two appeal letters in there.

There are the first appeal letter. You've denied it. So it was passed out of time.

It must be timely. So this, I got you. Yes. Okay. And does this appeal meet all the requirements this appeal has written?

It was received entirely.

Okay, thank you. Uh, I don't have any requests for. I'm going to open up the public comment, but I don't have anything here. Is there anybody online?

There is no one online asking.

Okay, so closing public comment open for discussion. Right now.

The total on the fines just out of curiosity.

So, today we have built 187,229,50 added that amount. They have paid 15,268 dollars. Remaining balance is 171,961,50. The appeal to pay is for 91,000. And I have yet to build the July August September. So, July to date, that would be an additional 58,000. Um, if by July, August, September, we've been building in 3 months, that would be 92,000.

Now, here again, we asked on the other 1, there's been other dump sites. Don't you have aerial photos that show how much dirt's really been there? Like, if you go back 8 years, 1990 year, 2010, and then you see the. Influence of soil when you see that, or you don't see that that is not something you can use to for this enforcement. So, how do you do the enforcement go out there and count for us?

Well, yeah, she described what the, what the assignment funds. Yeah.

Okay, let me ask you this. So. You pull over the dryer, right? Does can have any authority to find people like the delivery drivers that that. Dump the soil for not having to permit to top. I don't know how that works because. I think what we're trying to do is find a solution to the problem. Right? And obviously, if the drivers are being fined, we're not having the right paperwork to the dumb, they'll stop dumping. And again, I don't know if that's not in the realm of our discussion today, but is that something that we can consider? Or is that something that's in the realm of of protocol county?

We're currently working council to look at other avenues for enforcement was so important that I can tell you that I did call this father. And spoke with the arm of the business and notified him that this was an important location, and I would recommend similarly.

Can they be fine for being spotted dumping illegally or illegal? Don't say like that. That seems pretty logical way of cutting off the, the stream of right now.

See what else we can do.

Okay.

I move. We accept the practice of staff representation.

I also think the staff needs to work very hard.

That's outside of work.

Do you want to do a roll call? So we have a motion and a second. But going out there, you're you're finding a thousand dollars a day, right?

Yes, we have the ability to charge a thousand dollars a chunk.

So a thousand dollars a truck.

Exactly.

I'd be camped up there. Because I'm getting phone calls from people. It's not matter now. It's not a big deal, but in the winter time, when there's blood. On the road, and there's a turn in the road, if you guys ever been there, and I suggest we all go there on a rainy day, you will be. Surprised I drove it twice last winter in this world. So.

We have a motion to accept staff recommendation in a 2nd.

Yes, yes, yes. Question for staff where, you know, let's vote is taking the applicants out here. No, it's here.

All right, moving on to item C, alcoholic beverage sale, regulation administrative hearings.

There are no, uh, all beverage sale and management patient areas.

Okay, so we're on to a couple of minutes from the previous meeting life on the 3rd. You guys have a chance to look at what a minute.

Oh, that's it. Yeah. Yes, you were going to be all were noticed with that.

No suggested edits. So I think that we approve the minute.

Thank you. Yes. Yes.

All right. Moving on to regular calendar. Uh, the 1st item is elections of chair and vice chair. Uh, that's not an action item for us. And we did continue this item from the last month. A full, uh.

My emotion is we leave it the same.

This is out there for procedural. Do you want to sit around?

It works really good right now.

Yes. Yeah. Yes, next time will be better. All right item 2 is a conditional use permit request.

This is a JLN 2026, pick one three. It's an initial use permit. That one, I've got that one. JLN 2025, this is the core team. It's an initial use permit. We're going to have to answer it. And if you don't have your card, just hold on for a second. Sorry. Thank you. uh additional use permit to allow an outdoor recreation the private appointment-based outdoor archery training to be able to uh a little peter dot four three five five raymond road on the south side nine hundred the seats of lorraine street and then a little more area of unincorporated alameda county uh the zoning is uh And it's also in the area of land designated large parcel agriculture. The APN is 902-3-7. And the pilot is categorically exempt. The pilot is exempt from the CEQA Article 19, Section 153-03, Class III for small directors. The staff reported Michael funding.

Hello, uh, Michael plumbing, uh, planner, county. You know, 1 and 2025, 2, 0, 2, 1, or to allow outflow recreation facilities. Private 1 base are out or out 3, so. Owner is structure ground trust, and it's June young and high part. It's a 4, 3, 5, 5, Bridget road and 9, 0, 2, 0, 0, 0, 3, 0, 0, 7, 0, 0. Uh, it's calculate exempt or 19 and 2nd, 15, 3 or 3 class 3, small structures. This is a site. It's on plan development, uh, 1795 is, um, John has large partial agriculture. Um, so when considering our tree range, um. A lot of main concerns are safety or how far. Or the shooting or the house located. There are 3 residents. Located within a 25.25 mile radius. This house is 265 feet. The next is 520 feet in the forest house 840 feet. Um, another consideration was that. Part of on the other side of where the direction they're going to be shooting. Um, is a city of, uh, a little more old land. And you already talked with the state a little more and there's a conditional approval that if any. Barrels end up over there, they will contact the city of live forward to set up a time to pick them up. Um. So, as far as, like, their safety standards, there are safety standards by the, you know, say, archery and whole archery, and they are exceeding those standards. Um, by how far their safety zone is. And how far the targets are spread apart. Luckily, they have a good enough amount of space to do this activity and safety measures are being exceeded. Um, there have been 2, uh, emails that I received this week from other members in the archery community that said that, um, the, the, the applicant is, uh. Very well versed in this, and then they would be a good neighbor as far as having this project at their address. And they saw nothing there. Nothing was support for this project so far. And no complaints. Uh, how would it look on the site plan? Because, uh, the houses and buildings over here. The shooting line would be this blue line, and they'd be shooting off into a direction where there's nothing in front of it. Uh, in fact, I'll show you a picture later that, uh, below my mouse here, there is nothing but open land. So, not only do they have a safety zone on their own property, but there's nothing on the other side of the property. That's the city of that. What's that?

That's the city. That's the city a little more. Yeah. Yeah. Yeah.

Well, there's, there's nothing there. Uh, I mean, there is technically some, some cows and stuff that are raising there. Um, so technically there is something, but, uh. The way they have the arms range set up and with their overshoot safety zone, everything should be contained within the property. Okay. And they're there, they will have coaches there every single day and whenever anyone shooting. Directing them how to shoot, which. How far exactly so the arrows don't go. The air is probably expensive anyway, so they want their stay on property. Just for financial reasons, but also for state reasons, no 1 wants to take out. So. They're avoiding it as best as they can. Another concern of this was that they needed a portable toilet. They have been approved by the zone 7 water and also an environmental health to have a portable toilet, a hand washing station. That's already already got emails confirming that from environmental health. We have. Some follow condition of approval that it's addressing what they need to do to finish that up. And this potential approval, so there's, there's no problem there. Uh, it's just another about the same thing. Just so more clearly. Um, this is what's around them. They have, uh, there's a rod and gun club up here and the. Uh, North East, um, there's a flying club over here. There's not there's a farm to their. West, there isn't too much more. If you look here, I measured the distance to the nearest residential to where they're shooting the arrows South. So, this correction, the nearest residential is, you know, 2300, 2030 feet away. I don't even think they're that far if you try. And they're all, they're shooting in that direction. So the only real probably potential safety hazard would be if a cow was maybe near the fence and the arrow got a little out of control. But like I said, they're going to have coaches there supervising the whole activity. It's not going to just be a free-for-all. And the majority of people who do this type of sport are usually training for competitions. You know, they're not just going out to the street for fun. They're training for competitions, private, employment-based. It's for people who are serious about the sport, probably likely have some Olympian-type people that'll be going there. And so I don't think there's going to be any safety hazards. They also do have insurance for any potential thing that could happen. There's always possibility of something like that. But they do have USA archery insurance. So that will cover that for any liability. They are going to have some shade structures put out on the north side of the shooting line for people to kind of wait their turn to shoot. And then they're going to have porta potty like this. They do, as part of the condition approval, they have to submit to Environmental Health like a cleaning schedule that's going to be cleaned every so often. And that's all taken care of through Environmental Health. Um, standard is the East county or design adjustments that are going to be approval issues from it. 20, 25, 0, 0, 2, 1, 4, to allow operation facility, private appointed base, outdoor training facility based on drawing smart exhibit a December 5th, 2025 on file down to the county planning department. If the order term is that the patient is consistent with the channel, then the task draft revolution should be considered. At the back of your package, where the draft resolution is, if you're looking for it, it's the very, if you go to the very last page is the draft resolution is there and the conditions are. As you want, I can pull it up on screen, but that's of course, my presentation staff available for comments or questions.

Thank you.

Any clarification questions from staff. Okay, all open for public comment. I have 1 card here.

I think I think we're a little late. Yes, ma'am. But I'm waiting for my timer to go off. So, so my name is Chris. My name is. I actually, when I 1st, we moved to live in more, I moved in the backside of springtime right up in the weapons. Literally, my house was less than a mile full of the proposed site. Currently, I serve as a Northern California Field Archery Association regional legislative representative. It's a mouthful and I know it. the organization promotes archery. And really what I wanted to do is I want to make sure that I came in person because I think archery has had a long history of conservation and working alongside of areas that are not incorporated, right? And so, you know, we know what they're trying to do. It's very, very safe. There's an absolute need for it in the community. And I wanted to make sure that we reiterate that to work. They have any questions. Um, I used to work with the out of the moment. I was a member of revenue Bowman. I'm associated with Archie only in Newark. We're looking forward to this facility opening up and really give our support.

Thank you.

And as a little more resident, I really want to see it there. Maybe more fun for some people.

You guys have any questions for.

Okay, thanks for being here. Yeah, thank you for sharing anybody online. Uh, there is no, 1, no, 1, online requesting to speak.

Okay, then I'll go ahead and close public comment. Any questions for staff? I just had a cop.

I just have to follow that for staff. We could like, again, I said, we, we debate in the center, Clara county, Santa Clara owns their own archery. Facility like this in Stephen's Creek up there. Have you been up there? I've probably been there at something and it's, it's ran by the county. It's probably, I don't know, 15 or 20 acres, but it's a, it's like a park horse when you kind of walk through these hills. And anyway, it's really interesting. It's if you ever try to go out there, especially a guy that shoots archery, that would be the place to go to. And it's all laid out. And I'm telling you, we got to get there early in the morning to do the redevelopment because it's packed with people. And anyway, that's it. It's my comment question.

How are they going to enforce the city's request? You know, so the city is saying, because they have that. Area out there, it's actually does have, um, protected species.

Yeah.

And so how are you going to enforce that? How will the applicant enforce. The request that the city has that nobody entered that property without the city.

Um, well, so the city of Baltimore is well aware of this project. Yeah. Well, where did they contact me? Comfort contact with them, they can contact me and. I can reach out to that and figure out the best means to me. Figure out whatever the volume is, whether it be was there on the property or if they hit us, if they did a cow or anything like that, they can start the project. I mean, if it became like an issue, um.

I don't know the code enforcement would be involved something like this, but the issue is just, you know, I, I'm just looking to does the applicant have any. They preparing any kind of procedures and says, you know. Well, yeah, the users can't enter that.

Well, no, they're part of the mission is approval that they're going to contact the city with more to before they go retrieve there.

So they're going to work it.

They're going to work at it.

Okay. Gotcha. So that is part of the requirement.

Yeah. So, yeah. So, in the hours of over there, they're not leaving there until they contact the city work more. And then they'll probably have a liaison that comes out to help them get it because they don't know where you are. Yeah, I wouldn't imagine it would happen very often and maybe they would just let them just stack up for a little while and then go back out. I mean, every Saturday of the month. Yeah. Yeah. Something like that.

And then have you heard from any of the neighbors, the adjacent neighbor?

We did notice this area. We did send out flyers. No comments. Okay.

All right. That's the only questions I.

Motion to approve motion to say. Okay, I'm ready. Yes, sir. Yeah. Yeah. All right.

Uh, does the chair or the board or staff have any announcements comments or reports?

Just want to comment on church, having a grand opening that probably exceeded 400 cars. And I thought that it was pretty self explanatory. They wouldn't exceed 90. With the bathrooms, fire speakers and parking traffic issues. Yeah, it's me. Can you tell me Chelsea road? Yeah, planes were driving traffic lights. Uh, I guess they put up a bunch of lights that at that time on Friday, Friday night, Thursday night, and they were pointing into the some neighbors house. That was 1 call. And I got, of course, the traffic and. It's all a picture. Thanks.

You might not be excited over 90 people was, you mentioned there, some of the neighbors mentioned that they're actually applying for a permit to the county. To both of the events that what I understood as well, I get it.

They feel with, um, they had to approve this, uh, administrative initialized. So, I don't know. Yeah, I don't recall that there was a limitation of 90. yes. I need.

There you remember, I know, I think it was just limited to, like, 7,835. Oh, yeah. Okay. All right. Well, let's notice it. Yeah. Yeah. For our correction or whatever it takes. Um, I, so. What I got is being burst creek, uh, opens. I know it's kind of meaningful for us. I know Frank and I, we, uh, over on green bill and, uh, that was the pass. There is a venue horse ranch, small. Yeah, we, we approve this. So. Which is kind of nice to see a property that actually goes through all the county procedures to, to, to, to get things open. They've been working on this property for 20 years. Uh, it's been a grand open ribbon cutting today. So just want to say that, uh, we have all of them. Yep. Yep. Yep. All we have, like I said, it's, it's awesome. Yeah. And then again. The process they went the process and it worked and it worked good job. So, so that's where all that before you got here any public comment on this on the. This public comment.

Okay. No, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no So they did it. I don't know.