Board of Zoning Adjustments - Regular Meeting

This is the West County Board of Zoning Adjustments hearing for Wednesday, August 26, 2026. Only items on the agenda may be acted upon. Open form is available for anyone wishing to speak on an item not listed on the agenda. If attending in person and wish to speak on the matter, please fill out a speaker slip and submit it to the administrator here to your right. Members of the public may observe and participate in meetings by following the instructions on the teleconferencing guidelines posted online with the agenda. We go to roll call, please.

Chair Siebert. Vice Chair Spaulding. Member Lewis. Present. Member Santos is excused. Member Volvus is excused.

Able please rise for the Pledge of Allegiance.

It will be over here too.

This is open forum. If you'd like to speak on an item not on today's agenda, please, if you're online, raise your electronic hand or fill out a speaker card. Anthony Long, you'd like to speak? Please come up to the podium and speak your name, please.

Anthony Long, I'm a resident of Hayward, live in this neighborhood. And about six months ago, I started taking up a cause with the Hayward Unified School District because the trans flag that is flying year round should not be flown year-round. It was only approved for one month of the year, and that was some years ago. I went and I expressed to them that it's unconstitutional. It violates the Second Amendment and the 14th Amendment. I thought to them, I wrote them letters, I had one correspondence with Austin Bruckner Carrillo. He's the only one that responded. I read letters, and I stated how it was unconstitutional. And the only thing that they have to say is that, which this part is right. They have a board. They're part of the elected board. And those five members represent the population. And so whatever they voted, That goes into effect. That is true, normally, as long as it's not violating the Constitution of the United States of America. And in this case, it's because Catholics, Muslims, to adhere to our faiths, you cannot commit homosexual acts. You cannot, even if you were born with homosexual tendencies, which many of my friends are, and that's fine. I just want the same protections for the Christians and the faith communities as are being accorded to the LGBTQ population. I don't think that it's fair that it's that I put a law into effect which makes it difficult for one to practice their religion. But also in Oakland, I've noticed too, we're being trampled on our rights as Americans and as people of faith. All I'm asking is that gay pride flags come down and that the lgbtq curriculum be taken from the schools and i spoke with also for the record it's against the law to fly a flag that's above the size of the american flag on the same pole as an american flag and that is happening right now the lgbtq flag over there at the hayward unified is larger than the american flag which is against the law and

Thank you, Anthony.

Thank you for listening. Do not have any hands raised.

Just a point of clarification that the Board of Zoning Adjustments doesn't have any jurisdiction over the Hayward Unified School District. So then buildings, because flagpoles are not going to fall under conditional use permits. Are they?

That's correct.

That is correct? Right. We don't have any jurisdictions over flagpoles or even conditional use permits.

Right.

It's a hypothetical question.

I don't know. You could theoretically have jurisdiction over a flag bowl, depending on its height, et cetera. But this is not unincorporated county area. This is Hayward, the city of Hayward. The city of Hayward has jurisdiction. Right.

It's not unincorporated. The location you're talking about is in the incorporated area. And we have no jurisdiction over incorporated area. Just a point of clarification. Thank you.

The planning department?

Yeah, the city of Hayward or the school district.

Probably the city of Hayward.

So anyway, that goes, it kind of goes back, I think, to the jurisdictional issues we have with school districts, like UC is its own jurisdiction completely, among others. But anyway, that's just my point of clarification. Thank you. Public testimony, you have to follow up.

City Council Chambers, At this level, no, not at this time, not not right now here.

Q mine.

City Council Chambers, Sorry okay we'll move on to tobacco retailer regulations administrative hearing which I don't see any here. City Council Chambers, still be the neighborhood preservation and zoning ordinance abatement hearings.

Yes, the first item. Oh, you have to read me read my spiel.

Sorry, that's okay. No, you're, you're getting excited to hear this. I know. These are the administrative hearings for the neighborhood preservation Alameda County zoning ordinances. Items on today agendas have been scheduled because the owner has not complied with the notice to abate a nuisance. As the enforcement body, we will hear and consider all relevant evidence objections 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. The board's order will reference your right to appeal our 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 the 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 waived upon a determination of hardship or special circumstances.

Mayor Mrakas, Christine, can we have the first item, please, that's the first item on the neighborhood preservation and zoning ordinance abatement hearing is for 2135 Pico place Castro valley unincorporated alameda county and we have code enforcement officer holly fit Felix here to present the matter.

Afternoon. My name is Holly Felix. I am the Senior Code Enforcement Officer for Alameda County. I will be presenting on behalf of Terrence Jackson for item number one, property address 2135 Pico Place in San Leandro, California 94578. APN number 080-0209-01300. This is a Neighborhood Preservation Ordinance abatement hearing for property owner Douglas and Terry Dixon. Again, for property address 2135 Pico Place in Castro Valley, California, 94578. The violation is Alameda County Neighborhood Preservation Ordinance section 6.65030 A1 and B6 for the accumulation of overgrown weeds, vegetation, trash debris throughout the vacant property. the pertinent facts are that we received a complaint on 7-1-26 and we visited the site and confirmed the violations on 7-7-2026 we mailed a notice of a declaration of public nuisance notice to abate to the property owner on 7-22-2026 we visited the site and the violations remain on 7 23 2026 notice of failed reinspection and final notice to abate notice of admin hearing mailed certified and regular mail to the property owner we have had previous violations uh 7 8 20 25 6 24 2024 the uh City Council Chambers, City Council Chambers, City Council Chambers, City Council Chambers, City Council Chambers, City Council Chambers, City Council Chambers, We have not had any contact with the property owner. The property is vacant. And the staff recommendation is to declare the property in violation of the Alameda County Neighborhood Preservation Ordinance, and therefore a public nuisance, and require abatement to be completed within 10 days. This is the property overview. It's about a 5,000 square foot lot, vacant, with a concrete pad. Here's the aerial map. then our pictures from the first inspection july 1st 2026 exhibit 2 by first 2026 same day before our re-inspection on 7 22 2026 showing no progress begins exhibit five same conditions And exhibit six. And then I was out there yesterday confirmed that the site conditions remain. Recommendations declare that the property is in violation of Alameda County neighborhood preservation ordinance and therefore a public nuisance require abatement to be completed with 10 days. And that is the conclusion to my presentation.

Thank you. We have no idea how to get ahold of the property owners for this man. Chair Spalding, you have any questions?

Where's the $500 fine?

We did not add the recurrence fee onto this case specifically because we have no contact with the property owner. These are tax lien properties and therefore just be another $500 fee that cannot be paid.

My concern is I think there are some people property and they just City Council Chambers, Eight and they they're just holding the property for whatever other purposes and they're just waiting for a jurisdiction to notice them. City Council Chambers, To do something and they're not even doing anything, as you can tell the past two things have been abated by the county, so I think in order to get their attention. City Council Chambers, I would hope that the county would consider imposing these fines that were enacted for a purpose. And this is an ideal example of where this fine would be helpful and is certainly appropriate under those circumstances because there are some people who just either individuals through families or corporations that have accumulated a lot of property and they're holding it for investment purposes and they're not paying any attention to it unless somebody brings it to their attention. And so that would be my suggestion, just because you can't get ahold of the property owner, because they can't be bothered to return your phone call or to respond, doesn't mean that they should get a free ride and not have to pay the fine. This is certainly a classic example, I would say, of where that would be appropriate.

Chair Spaulding? Any questions?

Oh, I think the pictures are self explanatory. And I somewhat agree with members Spaulding that perhaps the fine should be assessed.

And let's open public comment. Is there any speakers online? Christine?

If anybody would like to speak on the first item on the neighborhood preservation and zoning ordinance abatement hearing, please raise your electronic hand or hit star nine. Do not see any hands raised.

I'll close public comment.

I'll make a motion to adopt. Well, we can't add the $500 fine because it wasn't noticed. Am I correct? Okay, so I'll make a motion to adopt staff's recommendation.

Second. We have a motion by Vice Chair Spaulding and a second by Member Lewis. Can we take the vote, please? Chair Siebert?

Aye. Vice Chair Spaulding? Aye. Member Lewis? Aye. Member Vovus excused. Member Santos excused. Motion passes.

We have the next item on the agenda, please.

2235 Manchester road in Castro valley unincorporated Alameda county under the neighborhood preservation and zoning ordinance abatement hearings, we have code enforcement officer Orlando givens here to present the matter.

members, I would like to introduce Orlando givens to he is a new code enforcement officer for alameda county he joined us in May, and he is currently a temporary code enforcement officer with us and he will be presenting the next case welcome.

You very Thank you very much, it is, it is a pleasure to speak before you once again, my name is Orlando givens I am a code enforcement officer.

With us one moment, please.

Just one second. Having some technical difficulties.

It's called an IT. Yes, indeed.

To err is human. But if you really want to have a problem, get a computer.

photos though a part of our staff yeah we've got the photos as part of our staff report so it's not really we have it necessary that's true yeah

Why can't you? Okay. We are ready. Sorry about that. Okay.

Okay. All right.

Commence the presentation.

Right. Moving back in. Moving back in once again. This is Orlando Givens. Excuse me.

Excuse me. Can you go outside? Thank you.

Okay. Once again, my name is Orlando Givens. I'm code enforcement officer for Alameda County. I have item two on the agenda today. a series of code violations at the property located at 2235 Manchester Road in Castro Valley, 94578. This is code enforcement case COD2026-00827. It is APN080A like alpha-01610-1000. This is a Board of Zoning Adjustment, a Neighborhood Preservation Ordinance, abatement hearing of August 26, 2026. The property owner is Eleanor Carpio, our trust. Once again, that property address, 2235 Manchester Road, Castro Valley, and the APN 080A-0161-0100. The violations noted are overgrown vegetation, dead vegetation, trash and debris, abandoned and or inoperative vehicles, and a large uncovered opening that descends multiple feet below grade and creates an unsafe condition at or near the public right of way. On July 7th, 2026, I first inspected this site and confirmed the above mentioned violations and there are photographs of those that will go into momentarily. On July 8th, I issued a declaration of public nuisance and a notice to abate mailed to the property owner. I came back on July 28th and confirmed that no progress had been made towards abatement of the property. And then I came back again on August the 11th and confirmed once again that no progress had been made. Between that time, I spoke with an individual who represented themselves at that time as a friend of the owner. who had been listed in previous code enforcement cases, and we'll speak of that in just a moment, who said that the owner is elderly and quite infirmed and is not available to manage these kinds of issues or even to really hold a discussion. Um, that person gave me assurances that the property would be abated, or at least we'd have some progress towards abatement by a specific date. And I said, Okay, we'll pause. We'll pause abatement efforts until that happens. Unfortunately, That date came and went and there was no improvement so that so on the 13th of August I went back to the property and posted the notice of failed re inspection and final notice to abate and notice of administrative hearing and though those were then mailed to that property owner. And since that time, it has come to the attention of the county that the property is now under contract, and the listing agent for the property is in the room with us. Ms. Catherine Kruger is in attendance today, and when you THE BOARD IS ABLE TO OPEN THE FLOOR, SHE'LL HAVE SOME WORDS REGARDING THIS PARTICULAR CASE. ARE THERE PREVIOUS VIOLATIONS ON THIS CASE? YES. THE MOST RECENT WAS IN I BELIEVE JANUARY OF 2025. THERE WERE SIX CASES BETWEEN 2016 AND 2025. UNFORTUNATELY THEY ARE MORE THAN A YEAR BACK, SO WE HAD TO START THE PROCESS OVER AGAIN THIS TIME AROUND. Is the property vacant? There has been persons kind of in and out, so the county is not aware of whether or not the property is vacant. So if you'll notice, we did check unknown on that line item. The staff recommendation is that the property be declared that the property is in violation of the Alameda County neighborhood preservation ordinance and the public nuisance, and require abatement to be completed within 10 days. But again, the the staff is more than willing to work with Catherine, the listing agent, and the property owner, based on the comments that she will add. If we can move forward to the photographs, just so we can take a quick look at what staff has seen. That is the lot. It is at the very end of Manchester in Castro Valley. As you can see, it's in the cul-de-sac there. The following slide shows photographs from my first inspection on July the 7th. And we'll notice that there's a significant amount of trash and debris. Those two vehicles there do not appear to run or appear to be in running condition. And the hole that is listed in item three of the violations is immediately to the right of the recreational vehicle seen in that photograph. The next slide. is coming back on 728, and we can see that one thing that has changed is that the property has now been boarded up, whereas it was not boarded up on the seventh when I was there, indicating that there may be some transients going on, which kind of encourages us to move forward in the process. And then the next slide, I believe, should be August the 11th. And again, we see that there's no improvement to the violations. The vehicles are still there and the boards are still on the on the property. So once again, that is that's my presentation. All right. So once again, there's oh, thank you very much. And I went by this past Monday. And if you look in the upper right hand corner and the middle of the second row, you can see a closer shot of the hole in question. As you can see, it does descend several feet. And we're we are quite concerned that a child or an animal will fall into that hole or even even an adult who's not watching where they're going and be injured. So these are matters that we take very seriously and would very much like to have these abated. So once again, the violations in question here are Alameda County Neighborhood Preservation Ordinance Section 6.65.030, A1 and 3 and B6, specifically overgrown vegetation, dead vegetation, trash and debris. abandoned and or inoperative vehicles and a large uncovered opening that descends multiple feet below grade and creates an unsafe condition. And once again, our staff, the staff recommendation is that the board declare that this property is in violation of the Alameda County Neighborhood Preservation Ordinance. and a public nuisance and require abatement to be completed within a reasonable amount of time. We are asking for 10 days, but again, I believe that Ms. Krueger may have some comments to that effect. Thank you very much.

Thank you, Orlando. That hole looks like it's next to a power pole or something.

Yes, ma'am, it is.

I think PG&E would want to be notified that there's this huge hole right next to...

thought of that i'll make a note of that that might be a good i think they'd be very interested there's a hole right next to their pole yeah yeah so um vice responding you have a question to follow up on the hole and the and the uh power pole is that located in the public easement it is i don't know exactly where the property line is but it it abuts um it's it may actually cross the public easement. One of the things that I've noted in my experience is that the termination of the sidewalk is not necessarily the beginning of private property. Sometimes there is the public right of way extends beyond the concrete. I have not investigated that, so I don't know.

I understand that. But this power plant is in obviously has an easement or this power pole obviously falls with why see your question and so therefore it's likely within the public right away and if that is the case then i think public works needs to be notified that they need to do some work and correct that immediately thank you that's a good point for lewis you have any questions oh just the same uh statement that i think pg e needs to be notified too if it's right next to their power pole doesn't fall over and create a fire hazard and cause us more money.

Any other questions? I don't have any more. OK. We're going to go ahead and open public comment. I do have a speaker on site here. Catherine Kruger, would you like to come up, please? Your name? Thank you.

Hi, my name is Catherine Kruger and I'm a realtor. I am representing Eleanor Carpio. So Eleanor is 82 years old in really, really frail condition. I have a really hard time reaching out to her. A lot of the times she's in and out of hospitals. with severe illness that they could not figure out. The squatter that was there was her ex-husband. They've been divorced since 1975. She inherited the property. She was planning on living there and she lives in Berkeley right now. Her son moved in and then told the dad when he got rejected from, he was living in the city of Emeryville and his house got red tagged. So he moved in with the son. The son died and the dad stayed. And she's tried all those years to get rid of him and she has not been able to. And every time she goes, then she gets sick. She just gets into this big argument. I've been there, I've witnessed it. And he's just like, I love you, I love you. It doesn't do anything. He has dementia. So we finally have been able to Not get rid of him, but he is in a nursing home right now. And he's escaped once, and that is why we've actually boarded up the place. Jonathan, the person who you met, was supposed to have cleaned it up with his other friend Paul. They swore to us that they would clear it out, but they have not done it. I was not aware of abatements. And so when I went to the property for the first time in two years and I saw that, I went, Eleanor, you have to sell the property. So we did get a buyer who was an investor. I told them everything. I included the notice of abatement so that they have a copy of it. They've agreed to take care of everything. We have the contract. They've agreed to take care of everything. including getting rid of the RV. The red car belongs to this guy who's finally gonna come and pick it up on September 7th. I will be there and I will make sure. I told him that if the car is not gone, it is going to the dump. So I'm working as much as I can with my limited capacity because this is not my property and I cannot push beyond what she's willing to do. But we are in contract and the property will be turning hands in three weeks. So before that, you know, the buyers could not do anything. They can only start working once they take position of the property, which is September 17th. And they promised me that they would do as much as they can right away. Okay. So if we could get a month to clear that out, it would be great as opposed to 10 days because I will not be able to have anything done in 10 days. That's why I'm hoping to have a little bit more time. Thank you.

Chair Spalding, do you have any questions for the speaker? What is it you say you represent the property owner? Are you her counsel? No, I'm the realtor. The realtor. Yes. Yes. So you're her realtor who is selling the property? Yes. OK.

I told her that was the only solution for her since she doesn't have the money to take care of it.

OK. All right. And so escrow is scheduled to close September 17? Yes. Okay, and you're asking for additional time to take care of this?

I'm sorry, yes.

I might have some questions after, but I'd have a couple of questions.

Okay.

Any questions for the speaker?

No, I would be willing to entertain some extension of time given the circumstances.

So the question to staff is, what's the timing on abatement? who's actually show up or do anything. It is a pretty bad hazard.

If you issue an abatement order for 10 days, after that 10th day, we would start the bid process. Generally, that bid process takes a week or so to schedule the bids.

Okay. So we're talking 20 days?

Minimum.

Minimum of 2020 to 25 days before a work crew would arrive. Okay, because that's what i'm thinking is when would a work group i've it's that it all depends on the contract is availability and the bids that come back so there's a lot of variables and so, but if i'm. City Council Chambers, It goes out to bid in the property owner gets it cleaned up beforehand, then is there still a charge with for that contract or not, not if we haven't agreed to the contract once we hire the contractor, yes, we Okay, right, we will proceed with the cleanup Okay, if they complete the cleanup before our abatement. then the order before you sign your contract yes we would cancel that's the one we gotta have a time how long have you been working with the owner on this two years and then

There was no cleanup efforts made in any of those times?

There was one cleanup that was made apparently. So the friends of Andre, the ex-husband, Jonathan and Paul, swore that they would do the work. And they've been telling Eleanor that they would do the work. I was not going back and forth. I'm in Berkeley. I was not going back and forth. at the property because that's what they were telling her. So one time, you know, when I finally was able to talk to them and I said, have you cleaned up the place? And they go, well, it's not for us to clean it up. They said, that is what you told Eleanor that you would do. So you're going to have to do it. So Paul told me that he spent 7,600 cleaning up the place about a year and a half ago. um but you know immediately afterwards andre started accumulating stuff because that's the way he does so that's why now he's in a nursing home and everything is boarded up so that he cannot have access to the property anymore does the owner have a poa on file

Power of attorney.

For me?

For herself.

I believe she's doing it. She wanted me to be the executor of her trust. And I said, I'm not sure. I think your son would be better. She has a son in Texas or Florida that she's reconnecting with.

I'm done.

OK. Have you talked to the property owner this or not the property owner, but the buyer the buyers claiming that they're refusing to do anything until escrow closes. They are not allowed to do anything if you give them permission i'm sure that they can clean it up if you want to give them permission.

we can give them permission then it would have to be an insurance because if something happens to them then they could sue her so technically you know we could not really give them you know i'm going to be meeting with them right after this and i can tell them that they want to start cleaning up you know they could but they're going to have to sign a release of liability because if they fall on the whole or anything like this i cannot have eleanor responsible because it's not their property so they would be trespassing could you have it cleaned up and then just take it off of the the sales price right hire somebody right now and then just deduct it from the sale price you can try you know the problem is those people will want to be paid and she has no money okay because their money is in escrow not until the 17th it's going to get released correct correct If I could find, sorry, if I could find somebody who would do the work and not get paid until, you know, three weeks from now, then we can try.

Well, I just have the county do it.

Well, I think maybe we should just have the abatement at DOC 10 days and that's it. And the county will be set up to do it. And that'll be a motivation for the new property owner to get it cleaned up sooner rather than later. City Council Chambers, Before the county enters into a contract they're usually not allowed to go into the property until we close sure that if you want to do it, you can negotiate an agreement. City Council Chambers, I would have to have a lawyer as there's that's right there's something called a if there's a will there's a way.

City Council Chambers, Any other questions for the speaker at this time. No, thank you.

Although I do know what the realtor is saying, that if the escrows, I just sold a piece of property very similar in Grass Valley, needed cleaning up and the whole business. And nothing's happening. You can't give possession until escrow closes. So I totally believe the realtor on that. But I think turning it over and have the county doing it, get in line and then let it fall where it falls.

Well, the difference is that If you're the present property owner, you certainly are entitled. And this is a motivation. So I'll make a motion.

Do we have any speakers online?

Any other speakers?

I do not have any hands raised.

Thank you.

City Council Chambers, Thank you i'm going to close public comment do we have any other questions before we look for a motion i'm going to make a motion to I mean, what do you think to adopt staffs recommendation and require abatement in 10 days and the county can get it get it going, because this is ridiculous and it's a real hazard and obviously you know it's a mess and. So be a motivation for the future owner to enter into an agreement or you're the present owner to enter into an agreement, maybe with the future owner to make arrangements to get it cleaned up in the meantime. So before and notify the county that they're in the process of it, but at least this way we have some guarantee something is gonna happen in a timely manner. That's my motion. Adopt staff's recommendation.

I wanted also to make sure that PG&E is notified with that power poll. Yeah.

And Public Works, because if that's in the public right away, that's Public Works' obligation to be fixing that.

And you're absolutely correct that there should be an easement there surrounding that poll. I went and looked at the pictures. They abut one another. So you are 100% correct that there should be an existing easement. We will follow up on that.

And notify Public Works that there is a hazardous condition.

Great. Comments closed. I'm sorry. We have a motion by Vice Chair Spaulding, and I'll second the motion. Can we take the vote, please?

Chair Siebert? Aye. Vice Chair Spaulding?

Aye.

Member Lewis? Aye. Member Vovus excused. Member Santos excused. Motion passes.

Okay. We're moving on to the Alcoholic Beverage Sale Regulations Administrative Hearings. I do not see anything before us. So we're going to go to the regular calendar. The next item, please. Yes.

City Council Chambers, The first item on the regular calendar is for PLN 2025 dash 54 for conditional use permit for Center line communications. City Council Chambers, located at 38000 polymerous road in Castro valley and we have staff planner William chin here to present the matter would just be a moment, while we pull up the presentation.

Good afternoon, board members. This is William with Alameda County Planning Department. I do have a short presentation for the conditioner use permits PLN 2025. The project is to allow the continued operation of a T-Mobile carrier telecommunications facility in 3800 Palomares Road in Cassar Valley. The zoning is agricultural and it is within the resource management of the Cassar Valley General Plan. And sequel it's 15301 class one existing facilities, they are not proposing any additions or modifications to. What currently exists today on the screen here is the PG knee lattice tower with the mounted antennas on the facade or the lattice portion of the tower and then on the base at the base are like is the equipment least area with all the cabinets and accessory. Equipment on the on the ground floor. In the July 12, 2026, Cache Valley Municipal Advisory Council meeting, the Council recommended approval of the application to the Board of Supervisors with a vote of five yeses, one no and one excused. During the discussion or in the meeting, the Council discussed whether the site was in compliance with the FCC Emissions regulations and whether there are any existing signage posted for the site for awareness. The applicant did provided a more recent radio frequency mission survey on December, the report is dated December 6, which shows that the site is in compliance with the FCC standards and in the staff report I included a table of all the signage that exists on the site. Planning considerations telecom facilities are considered non municipal utility providing electricity, natural gas, telephone and cable television and also communications for both emergency and surrounding neighborhood goals 9.7 dash one is to ensure that the provisions of the adequate non municipal utilities and communication systems to serve existing and future residences. Again, this is the southeast elevation of the lattice tower and ground floor equipment plan. The zoning is generally silent regarding telecommunications facilities. Therefore, review of the subject sites and these type of applications are with the Alameda County Development Standards for siting of telecommunications facilities. Again, there are no modifications and they are just requesting to continue the use With non modification so a bit of background history on the previous conditional use permits, it did expire in October 23 of 2023 so that's about three years. Overdue and staff is recommending that expiration of this conditional use permits if the board does or approve the application be expired within 10 days of the prior expiration day so it'd be October 23 2033 instead of October 2036 or 2036 just. The application was submitted in April last year and there was a turnaround in applicants until the current applicants reached out to planning staff and planning staff was able to move forward with the application. Staff recommends that the West County Board of Zoning Adjustments approve the conditional use permit, PLN 2025-0054, allowing the continued operation with the expiration 10 years from the 2023 expiration date. shown on Exhibit B received on June 1st, 2026. And if the West County Board of Zoning Adjustments does approve the application, the conditions of approval and the draft resolution should be considered. Staff is available for any questions you may have, and the applicant is also online as well. Thank you.

William. Of the better maintained towers that I've seen, And I do like your recommendation for the get me 33 years. Right, yeah. I like that idea. I don't have any questions at this time.

You mean, do you make it 10 years? Make it seven, because right now it says the recommendation is 10 years. 2023.

I know William stated what the MAC said but it sort of went over my head and I don't see it in the report. What did CV MAC say?

They were concerned about what existing signage exists posted on site. For example, if someone were to trespass or if there's City Council Chambers, There's people on the property are aware that there's a telecommunications facility on there and they just want to know whether there is existing signage. City Council Chambers, posted on both the base of the tower and the equipment area, so in the staff report there's a a emissions survey that was included in the staff report that includes all the signage and the pictures that the applicants provided in there.

City Council Chambers, Thank you, this on private property. Okay.

So because it's 120 acres so big piece. So that was the basis of the one opposition. There what's the relationship to the or if. i'm unaware of any relationship with the rich okay all right, because there is the Bay Ridge trail. The Ridge Trail isn't actually not that far from this area so that there's. Oh. Also, that's my. I think that this is the isolated. It's and it's on top of that, the ugly 230k. Or. Um, it doesn't make too much. Okay, so do we need to we so we do not need to modify the recommendation then? Because I to 2020.

There's nothing else up staff have any other any speakers online, Christine?

If anybody would like to speak on the first item of the regular calendar for conditional use permit 2025-54, please raise your electronic hand. Do not see any hands raised.

As far as maintenance goes? Maintenance requirements?

That is condition of approval 17.

if there's any graffiti or vegetation it needs to be in good condition and the antennas as well right the only thing is um vegetation short vegetation i don't quite see that where where we can include that okay so we should probably have a sentence on there is to um vegetation surround surrounding vegetation How far or within the enclosure? So that should be maintained and all vegetation. And abutting to the enclosure, abutting. Just because I'm thinking about fire issues. I mean, they have access outside of the leased area. All right. But we just don't want to encourage the fire to burn. That's the point.

And to say the leased area, I didn't I didn't need some right officially open public comment. Sorry about that.

Okay, will be all vegetation within the least area shall be will meet a point. Just any suggestions staff on that.

vegetation within the least area shall be clipped to be a fire standard for that fire department standard on that, I mean. Well, not necessarily.

Trimmed.

We can use trimmed.

Shall be clipped and or trimmed. And that the fire standard would probably be what, two to three inches or something? Two to three inches.

Seeing you said there were no other speakers. That's correct. I'll close public comment.

From ground level.

William, all the signs are on there now, right? Because it looks like it's pretty well labeled. No other questions.

Because there's a lot there's, you know, growing grass. Be fire why?

Especially these days. That's right.

Actually, just a clarification. The CVMAC also recommended that we include up for the dead vegetation that we include a gravel pad around the fenced area so that basically eliminates any vegetation in the leased area and replaced with gravel so the fire potential fire has would be decreased instead of vegetation it'll be gravel okay right that might be a better yeah so but i think we need to add the vegetation because the vegetation can grow through the gravel

So the suggestion also is to gravel with within and stereo. The least area is beyond the fenced area isn't it. it's the question. Think that the lead is adult fence. And then there's the least area. So within the cattle fence, it should at least be gravel.

It says existing 40 square foot T-Mobile equipment license area within equipment area. That didn't help. Existing license.

Where's that?

Site plan on the A1.1. Right. City Council Chambers, staff may suggest that a new condition be added under one a or one or make a number two to require that gravel be installed within a specified time and then 17 can be modified to maintain it.

City Council Chambers, Okay, oh. City Council Chambers, General conditions start okay well. City Council Chambers, Who is the utility tax compliance. Oh. The general conditions and there's the additional materials. Or maybe just a new number. Are you talking about before general conditions?

Yes.

OK, so number five, maybe.

Sure. OK.

So number five would be is to install gravel within a fenced cattle area or right within the fenced cattle fence equipment. City Council Chambers, Then a further modification of 17 it would be all vegetation within the least area shall be clipped and trimmed and or or shall be clipped and or trimmed two to three inches from ground level. City Council Chambers, And that needs to be installed, but number five needs to include an installation date, yes, please, what would you suggest 30 days.

I mean, appeal period's two weeks, you know, so two weeks are not going to...

It's typically the applicants or the operators would have to secure a contractor to do that, and that would take quite some time, typically.

30 days, 45 days?

I would say 45 to 60 days to allow them some time to get at least a contract in.

All we're talking about is a load of gravel.

Well, someone has to spread it, though, too, Jim.

Yeah. Right. I think T-Mobile probably has an existing crew to spread gravel.

OK. 45 days?

Yeah, right, to be installed within 45. Number. Okay, so number five would be within 45 days, install gravel within the cattle fenced area or equipment area. And then number 17, we would add all vegetation within the leased area shall be clipped and or trimmed two to three inches from ground level. How's that? gravel shall be maintained um yeah right okay all vegetation let's see maintenance this shall include keeping the apple install so second sentence would be this shall include keeping the apple comma equipment cabinets fencing and other structures graffiti uh free and in good condition Would that be a good spot, put that there? Yes. OK. Is that your motion? That's my motion.

Can I just offer a point of clarification on that?

Yeah.

So this new number five would be located under the general conditions, is that correct? No.

It's under number five, general conditions.

It's under additional materials. Yeah, it's under authorization page. After carrier contact information.

For general conditions.

All three of those are entitled additional material to be submitted to the planning director within 30 days of the permit approval. Conditions two, three, and four. So I don't think this is something that you want to be qualified by that. So it probably should be located somewhere else.

We have a within 45 day time period. That's the only difference.

This is materials like plans and documents and things. You're requiring physical improvements to the property to be done.

Okay.

So I recommend to be put into the general conditions.

Okay, so that could just maybe be art.

But I would put it right above maintenance, make it a new 17. Okay.

All right. So make that a new 17. So what is 17 will be 18. And what's 18 is mean.

That'd be my recommendation. In addition, I would recommend that that condition contain language regarding feasibility, because it's not clear to me that this licensee has authority to install anything other than its telecommunications equipment on the property owner's property. And I haven't seen any evidence in the materials that there's any authority to do that. So to the extent the condition is authorized by their existing property right,

Well, their lease agreement because we don't have a copy of the lease agreement to license and I don't have a copy of it. But they have to have a lease agreement to I'm not sure that they have to have a lease yet to put the equipment on the ground.

Not sure they have to have a lease. But nothing in the staff report says that there's a lease.

I'm not sure that they can even put additional.

They can. I don't know. But I don't think we should be requiring conditions.

Can we put if?

Feasible. Feasible. If permitted by existing.

Well, to the extent permitted under the agreement. Right. Under the owner applicant's access rights. No, no, this is not a new number five. It's the new 17, to the extent permitted. And based on that discussion, I would suggest, because this is a big issue, What are the entitlements and our ability to do stuff, so I think it's really important that when staff is reviewing these applications that we know what their access rights are so that we know what our ability. City Council Chambers, Is to do and not do because that might affect our decision on whether or not this is something that is to the public benefit, because if their access agreement is limited in a certain way. City Council Chambers, That yeah we could find that that's because we have no authority to do X, Y and Z which we might otherwise approve of it, but because we don't have any authority to do what we think is necessary, therefore. City Council Chambers, We could deny it or say you know we don't think that this is to the public benefit, so that would be my suggestion to staff in it, the intake. of these applications, particularly because of our fire issues.

And a lot of times they will provide the letter of authorization on behalf of the property owner's signature. So a lot of times we do have that within our application materials.

Right. But if you don't, perhaps that should be a flag to say, we need your lease or whatever access agreement you have with the property owner.

Okay, after one other point of clarification related to the termination date your existing condition 11 requires status reports one year from this approval and then five years. On each five year anniversary thereafter, and so that would be one in 2027 and then one in 2032 paragraph, are you sorry paragraph 11 status reports wait wait wait yep. City Council Chambers, This my point is that this condition is set up for the standard 10 years right oh one plus five plus five. City Council Chambers, And now what's going to happen is you're going to get a status report in your one and then one in year six and then they won't have an obligation to do another one for five more years, but that will have been four years after your expiration date. City Council Chambers, So you may want to modify this to say one year and then you know two and two after that or one year and then the year of expiration. Each two years so rather than saying each five-year anniversary say each two-year anniversary I think that so 2027 and then 29 and then 32 now that would still just get you to 32 So I think I think you want to be in 33 What do we need to know because in 33 we're gonna have a full application City of the year, assuming we will, but we didn't in 2023. So that's why I'm saying like, make it as close to the expiration as you can, so that you can hear from them. Oh, and we plan on coming back in with an application, as opposed to like, well, we'll do that in a year from now. And then you don't hear from them again in five years for five years. So that's why I was saying, you know, do the do the year one and then maybe do another report. That would be six years later, right? Or three and three.

You can do one three and three. Three and three sounds feasible.

I mean, helpful.

All right. So anything else? All right. So I'll make a motion to adopt staff's recommendation with the following modifications. Number 11, first line. First sentence, one year from the date of this approval and on each three year anniversary thereafter. So strike five and insert three. Insert a new number 17, which would read, to the extent permitted under the access agreement, within 45 days, applicant shall, of approval, applicant shall install gravel within the fenced area within the fenced or equipment area. area period. And then add add or number 17 is now 18 and modify 18 to read. Second sentence, this shall include keeping the gravel comma. equipment, cabinets, et cetera, in free condition, and then add the additional sentence of all vegetation within the area shall be clipped door trim, two, two, three. I know we're using the term leased, but we'll just, I think that it's right.

Yeah, I'm good. I think it's fine.

OK, great. That'll fly.

I mean, if you really, really wanted to be particular, you'd say, you know, within the right of access area. Because I don't know whether they have a lease. Christine, I think you said they have a license. Or no, there was something on the drawings that said license. So on that basis alone, we're just assuming they have a license. So if you wanted to not characterize it at all and just say within the right of access area.

Well, we can go leased or right of access area.

how about that yeah and then i might you might want to say um so you right now you have shall be clipped or trimmed to two to three inches um you may want to say shall be maintained i guess what i'm getting at is they could go in and clip it once and say yeah we did that we're done okay so that's the point of like i want to maintain it continuous action not i clipped it it's all done

right maintain maintain vegetation areas shall be maintained so you could say so that any vegetation is two to three inch ground oh that would read all vegetation within the least or right of access area shall be maintained so that all vegetation is two to three inches from ground level. We have the motion by Vice Chair Spaulding.

Do we have a second? I'll second. We have a second by Member Lewis. Can we take the vote, please?

Chair Siebert? Vice Chair Spaulding? Aye. Member Lewis? Aye. Member Vovitz? Excuse. Member Santos? Excuse. Motion passes.

Okay. Thank you. Yeah, so that's a big deal about the what do you have jurisdiction over, so to speak, particularly in these fire-wise days. And that arguably is in a high fire hazard area, I suspect, too.

OK, on to the approval of the August 12, 2026 minutes. OK, I have just seen anything. Did you see anything?

Yeah, I did. Oh, my. I see a lot on her paper. All right, page one, open forum. I think we need to say Chuck Meadows appeared to address abatement order for the Uvis Court property and made the following statements, colon, and then all the rest follows. Then second paragraph, insert prior to as of August 12th, According to Mr meadows comma as of August 12 blah blah and then the third paragraph would be. Mr meadows also raised concerns and then strike were raised its concerns regarding code enforcement changes, so it reads, Mr meadows also raised concerns regarding code enforcement changes. it's a little bit clear that. This is these are Mr meadows opinions yeah yeah. it's not a statement of fact. that's my modification.

I have none. Good catch, Jewel.

Well, some of these minutes, you know. I didn't see anything else. Some people go through the jurisdiction's minutes to use as exhibits, as evidence, which I myself have done.

The call for approval of the minutes?

I'll comment.

Oh, sorry. Yeah. I forgot the public comment. Can we open public comment? Does any have any speakers for public comment?

Anybody online, Christine? There are not any hands raised.

I'm going to close public comment. It must be so boring. Can we take a vote on the minutes, please?

Chair Siebert?

Aye.

Vice Chair Spaulding? Aye. Member Lewis? Aye. Member Vovus, excused. Member Santos, excused.

City Council Chambers, of no staff announcements comments and reports I don't see anything in front of me that I have to say i'm going to open public comment again you see anything Christine online, I do not have any hands raised. City Council Chambers, Okay i'm going to close public comment and this anybody has anything else i'm going to adjourn the meeting.

City Council Chambers, may not be here at the next meeting i'm coming back from Oregon on that day, even though it's a six o'clock what day is that September 9 Wednesday September 9 and we that meeting may be cancelled okay.

City Council Chambers, Lucky you.

City Council Chambers, To meeting adjourned.

City Council Chambers, Thank you.