Chapel Way Temporary Food Preparation - HZ
December 16, 2021 Page 1 of 6
EMERGENCY ZONING ADMINISTRATOR PERMIT
STAFF REPORT
December 17, 2021
Project: Chapel Way Temporary Food Storage
Proposal: To consider an Emergency Zoning Administrator Permit in accordance with the City’s Local Emergency Declaration to allow temporary food storage at 40950 Chapel Way in the Irvington Community Plan Area, and to consider a statutory exemption from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15269(c), Emergency Projects.
Recommendation: Approve, based on findings and subject to conditions.
Location: 40950 Chapel Way
APN 525 068000900
(See aerial photo next page)
Area: 2.0-acre lot
People: Amin Qazi, ArchVersa Architecture, Applicant
Akber Kazmi, Shia Association of Bay Area (SABA), Property Owner Hang Zhou, Staff Planner (510) 494-4543; [email protected]
General Plan: Public Facility
Zoning: PF
EXECUTIVE SUMMARY:
The applicant is requesting approval of an Emergency Zoning Administrator Permit to allow temporary food storage in a vacant existing former educational building at 40950 Chapel Way . No food would be cooked or heated on site. No food distribution is proposed on site. The proposed operation would last for 180 days or until the Local Emergency declaration ends. In accordance with the Local Emergency declared by the City under the COVID -19 pandemic, staff has reviewed the proposed food storage use and found that it is in conformance with applicable City policies, ordinances and the General Plan. Staff recommends approval of the emergency project, based on findings and subject to the conditions of approval in Exhibit “A.”
BACKGROUND AND PREVIOUS ACTIONS:
Project Site:
The subject site at 40950 Chapel Way is a two-acre lot in the Irvington Community Plan Area, located near the intersection of Chapel Way and Bay Street. The subject site is a former educational facility that consists of a 14,000 square-foot building with an existing kitchen , 25 surface parking spaces, and outdoor play courts. The site was previously owned by the Alameda County Office of Education, and was purchased in August 2021 by Shia Association of the Bay Area (SABA). Representatives from SABA have communicated an intention to open a private school at the site in the future. While the site is currently being unused, SABA is proposing to temporarily use the existing building to store food that will be used to serve homeless people off-site.
Chapel Way Temporary Food Preparation - HZ
December 16, 2021 Page 2 of 6
Figure 1: Aerial Photo of Project Site and Surrounding Area.
SURROUNDING LAND USES: North: Single family and Commercial South: Church
East: Multi-tenant Commercial
West: Cemetery
Project Site
Chapel Way Temporary Food Preparation - HZ
December 16, 2021 Page 3 of 6
PROJECT DESCRIPTION:
The applicant requests an Emergency Zoning Administrator Permit to temporarily allow the existing building at the subject site for storage of food that would be used to serve homeless people off-site.
No food would be cooked or heated on site. All food would be cooked, packed, and distributed off- site by volunteers to serve homeless people in the city . A condition of approval is propos ed that would require the applicant to obtain approval from the Alameda County Department of Health for the proposed food storage.
An Emergency Zoning Administrator Permit would authorize the proposed operations for a period not exceeding 180 days (or six months) from the date the County suspends the emergency declaration related to COVID-19.
PROJECT ANALYSIS:
Staff has reviewed th e proposed use and found it to be in conformance with local and state emergency policies, ordinances, and the General Plan.
General Plan:
The proposed temporary food storage use would be consistent with General Plan Housing Element Policy 4.02, which calls for supporting programs that assist special needs households, including the homeless. The temporary food storage use would facilitate providing food to the homeless.
Zoning Regulations:
Local Emergency:
Under the declared Local Emergency, the Director is empowered to direct the Zoning Administrator to issue Emergency Zoning Administrator Permits related to the protection of life. The COVID-19 emergency caused the closure of facilities that offered essential services to homeless individuals. The lack of available resources, including food, has had a health and safety impact on the homeless. The proposed food storage use would help facilitate the distribution of food to homeless people in need.
The subject site is located in the PF (Public Facilities) zoning district, which is intended to foster public service uses. The proposed food storage use would facilitate the distribution of food to homeless individuals in need, which is an essential public service.
Parking and Circulation:
The proposed project site is completely developed and takes access off of the Chapel Way on the west. The site has 25 off-street parking spaces that are all available to accommodate the parking and loading needs of the proposed operation. This is an adequa te number of parking spaces to support the temporary food storage use, which by nature, does not require a significant amount of parking.
Compatibility with surrounding uses:
Uses adjacent to the subject site and their General Plan Land Use Designations include:
• Irvington Memorial Cemetery – to the east, across Chapel Way (General Open Space) • Commercial and single-family residential uses – to the north, fronting Bay Street (Town Center Commercial)
• City-owned public parking and the U.S. Postal Service Irvington Station – to the east (both are designated Town Center Commercial)
• Irvington Presbyterian Church – to the south (Medium Density Residential)
The proposed use would not generate any impacts that would disturb the residences on Bay Street to the north, or any other adjacent land uses.
Chapel Way Temporary Food Preparation - HZ
December 16, 2021 Page 4 of 6
Environmental Review:
The proposed project is statutorily exempt from CEQA pursuant to CEQA Guidelines Section 15269(c) as a specific action necessary to mitigate an emergency.
FINDINGS FOR APPROVAL:
Pursuant to FMC Section 2.20.110, the City of Fremont declaration of a Local Emergency, and Governor Newsom’s proclamation of a State of Emergency, the Zoning Administrator makes the following findings:
(a) The State of California has declared a State of Emergency;
Analysis: On March 4, 2020, Governor Newsom declared a State of Emergency in response to the global outbreak of COVID-19.
(b) City Council has declared a Local Emergency;
Analysis: In response to the COVID -19 crisis, the City of Fremont Director of Emergency Services/City Manager proclaimed a local emergency on March 13, 2020, and the City Council ratified the proclamation of the Local Emergency on March 17, 2020. In July 2021, to avoid regulatory conflict and confusion, the City Council adopted a resolution to declare that the local state of emergency, proclaimed and amended in March 2020, shall terminate on the date of the expiration of the emergency related to COVID -19 as declared by the County of Alameda. The Director of Emergency Services is empowered to take emergency actions when a Local Emergency or a State of Emergency has been declared, pursuant to FMC Section
2.20.110. The provision of food to those in need, particularly those who lack access currently due to the closure of other food service facilities due to COVID, is an emergency action to address the public health risk associated with the lack of access to food.
(c) The proposed use is consistent with the goals of FMC 2.20.110;
Analysis: FMC Section 2.20.110 gives authority to the Director in a declared emergency to “Obtain vital supplies, equipment, and such other properties found lacking and needed…”. The Director may also “Make and issue rules and regulation of matters reasonably related to the protection of life and property as affected by the emergency…”.
Pursuant to his authority under FMC Section 2.20.110(b)(1) and (b)(2), the Director has authorized a process for an Emergency Zoning Administrator Permit, which shall be processed in the same manner as Zoning Administrator Permit pursuant to FMC Section 18.275; however, the Director or designee may waive or provide less than ten days public notice required by FMC Section 18.275.050 for an Emergency Zoning Administrator Permit. In addition, the ten-day appeal period following an approval required by FMC Section 18.275.070 is waived and the Emergency Zoning Administrator Permit becomes effective immediately upon approval by the Zoning Administrator. Approving the proposed food storage use to help provide food to homeless people is consistent with this authority.
Pursuant to the Emergency Zoning Administrator Permit process established by the Director and FMC Section 18.275.060, in order to approve an Emergency Zoning Administrator Permit, the Zoning Administrator must make the following findings:
(a) The proposed use is consistent with the general plan and any applicable community or specific plan.
Chapel Way Temporary Food Preparation - HZ
December 16, 2021 Page 5 of 6
Analysis: The proposed temporary food storage use would be consistent with General Plan Housing Element Policy 4.02, which calls for supporting programs that assist special needs households, including the homeless. The temporary food storage use would facilitate providing food to the homeless.
(b) The site is physically suitable for the type, density, and intensity of the proposed use.
Analysis: The proposed food storage would be within an existing vacant building on a developed lot. The existing site provides suffici ent building space and parking spaces to accommodate the proposed use and no permanent changes to the building or site are proposed.
(c) The design, location, size, and operating characteristics of the proposed use are compatible with development in the vicinity.
Analysis: The proposed food storage would be located within an existing vacant structure on a fully improved lot; no permanent building or site improvements are necessary or proposed.
(d) The proposed use will not be detrimental to the public health, safety, or welfare of persons or property in the vicinity.
Analysis: The proposed use would not create any impacts that would adversely affect the public health, safety, or welfare of persons or property in the vicinity. The proposed use is intended to protect lives by facilitating the distribution of food for homeless people that are in need.
RECOMMENDATIONS:
1. Find that the proposed use is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15269(c) as an emergency project.
2. Approve an Emergency Zoning Administrator Permit allowing temporary food storage at 40950 Chapel Way.
3. Direct staff to schedule an item on the next available City Council meeting to inform City Council of the emergency action taken pursuant to adopted procedures under the declared Local Emergency.
ENCLOSURES:
Exhibits:
Exhibit "A" Project Plans|
Exhibit “B” Findings and Conditions
Chapel Way Temporary Food Preparation. Exhibit “B” -HZ
December 16, 2021 Page 1 of 4
E
XHIBIT “B”
Findings and Conditions of Approval
For Temporary Food Preparation Emergency Zoning Administrator Permit 40950 Chapel Way
FINDINGS FOR APPROVAL:
Pursuant to FMC Section 2.20.110, the City of Fremont declaration of a Local Emergency, and Governor Newsom’s proclamation of a State of Emergency, the Zoning Administrator makes the following findings:
(a) The State of California has declared a State of Emergency; Analysis: On March 4, 2020, Governor Newsom declared a State of Emergency in response to the global outbreak of COVID-19.
(b) City Council has declared a Local Emergency;
Analysis: In response to the COVID -19 crisis, the City of Fremont Director of Emergency Services/City Manager proclaimed a local emergency on March 13, 2020, and the City Council ratified the proclamation of the Local Emergency on March 17, 2020. In July 2021, to avoid regulatory conflict and confusion, the City Council adopted a resolution to declare that the local state of emergency, proclaimed and amen ded in March 2020, shall terminate on the date of the expiration of the emergency related to COVID -19 as declared by the County of Alameda. The Director of Emergency Services is empowered to take emergency actions when a Local Emergency or a State of Emergency has been declared, pursuant to FMC Section
2.20.110. The provision of food to those in need, particularly those who lack access currently due to the closure of other food service facilities due to COVID, is an emergency action to address the public health risk associated with the lack of access to food. (c) The proposed use is consistent with the goals of FMC 2.20.110; Analysis: FMC Section 2.20.110 gives authority to the Director in a declared emergency to “Obtain vital supplies, equipment, and such other properties found lacking and needed…”. The Director may also “Make and issue rules and regulation of matters reasonably related to the protection of life and property as affected by the emergency…”.
Pursuant to his authority under FMC Section 2.20.110(b)( 1) and (b)(2), the Director has authorized a process for an Emergency Zoning Administrator Permit, which shall be processed in the same manner as Zoning Administrator Permit pursuant to FMC Section 18.275; however, the Director or designee may waive or provide less than ten days public notice required by FMC Section 18.275.050 for an Emergency Zoning Administrator Permit. In addition, the ten-day appeal period following an approval required by FMC Section 18.275.070 is waived and the Emergency Zoning Admini strator Permit becomes effective immediately upon approval by the Zoning Administrator. Approving the proposed food storage use to help provide food to homeless people is consistent with this authority.
Chapel Way Temporary Food Preparation. Exhibit “B” -HZ
December 16, 2021 Page 2 of 4
P
ursuant to the Emergency Zoning Administrator Permit process established by the Director and FMC Section 18.275.060, in order to approve an Emergency Zoning Administrator Permit, the Zoning Administrator must make the following findings:
(a) The proposed use is consistent with the general plan and any applicabl e community or specific plan.
Analysis: The proposed temporary food storage use would be consistent with General Plan Housing Element Policy 4.02, which calls for supporting programs that assist special needs households, including the homeless. The tempora ry food storage use would facilitate providing food to the homeless.
(b) The site is physically suitable for the type, density, and intensity of the proposed use.
Analysis: The proposed food storage would be within an existing vacant building on a developed lot. The existing site provides sufficient building space and parking spaces to accommodate the proposed use and no permanent changes to the building or site are proposed.
(c) The design, location, size, and operating characteristics of the proposed use are compatible with development in the vicinity.
Analysis:
The proposed food storage would be located within an existing vacant structure on a fully improved lot; no permanent building or site improvements are necessary or proposed. (d) The proposed use will not be detrimental to the public health, safety, or welfare of persons or property in the vicinity.
Analysis: The proposed use would not create any impacts that would adversely affect the public health, safety, or welfare of persons or property in the vicinity. The proposed use is intended to protect lives by facilitating the distribution of food for homeless people that are in need.
CONDITIONS OF APPROVAL:
1. Conformance to Approved Exhibits. The approval of this Emergency Zoning Administrator Permit authorizes the temporary food storage in an existing building , subject to the conditions of approval set forth herein.
2. Permit Period Limited. The Emergency Zoning Administrator Permit is approved for a period not exceeding 180 days (or six months) from the date the County suspends the emergency related to COVID-19.
3. C
ode Compliance. Any tenant improvement, modifications, or change in use to the existing facility will require plans be submitted and approved by the City of Fremont and concurrent review and approval by the Fire Department. Structures will require Chapel Way Temporary Food Preparation. Exhibit “B” -HZ
December 16, 2021 Page 3 of 4
f
ire protection when modified, improvements or change of use. Automatic fire extinguishing systems, applicable fire alarm and monitoring system will be required.
The design criteria for the aforementioned systems will be determined based on occupancy group, building design, and square footage.
4. U
se Restrictions. This Emergency Zoning Administrator Permit only authorizes food storage within the existing building. No cooking or heating food is allowed on site.
No onsite food distribution, dining or assembly uses are permitted.
5. S
olid Waste. Applicant will be responsible for incorporating the City of Fremont W
aste Handling Guidelines into the project. Applicant must separate out garbage, recycling and organics materials into three receptacles, indoors and outdoors.
6. W
aste Collection Service. Weekly garbage, recycling and organics collection services are required for all commercial and institutional properties, and are provided exclusively by Republic Services.
7. A
gency Permits. The applicant shall obtain all required permits required by state or r
egional agencies, including, but not limited to the Alameda County Department of Environmental Health, for the proposed food storage use, and comply with the requirements of those permits.
8. Copy of Conditions. A copy of these conditions of approval shal l be kept on sit e d
uring the day of the event.
9. Minor Modifications. Minor modifications to this Emergency Zoning Administrator P
ermit may be made subject to review and approval by the Zoning Administrator if such modifications are in keeping with the intent of the original approval. However, the Zoning Administrator may refer any modifications to the Planning Commission if he/she feels the request is of such a nature that it warrants consideration by the Planning Commission.
10. C
ity Indemnification. The applicant shall defend, indemnify, and hold harmless the City or any of its boards, commissions, agents, officers, and employees from any claim, action or proceeding against the City, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project. The City shall promptly notify the applicant of any such claim, action or proceeding. The City shall have the option of coordinating the defense. Nothing contained in this conditio n
shal
l prohibit the City from participating in a defense of any claim, action, or proceeding if the City bears its own attorney’s fees and costs, and the City defends the action in good faith.
11. R
evocation. This Emergency Zoning Administrator Permit shall be subject to revocation by the Zoning Administrator at such time as any of the following conditions are found to exist:
a. C
onditions of approval, including state or local standards of operation, have not been fulfilled;
b. T
he use has resulted in a substantial adverse effect on the health and/or general welfare of users of adjacent or proximate property; Chapel Way Temporary Food Preparation. Exhibit “B” -HZ
December 16, 2021 Page 4 of 4
c. T
he use has resulted in a substantial adverse impact on public facilities or services.
E
ND OF CONDITIONS