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PLN18-0193 - 1601 Harbor Bay Parkway - Applicant: Chris Wakefield. A public hearing to consider a Use Permit to allow up to three (3) food trucks to operate one day a month from 11:30 a.m. to 1:30 p.m. The food truck(s) will be parked on private property and will operate from a parking lot serving adjacent office buildings. The property is located within the CM-PD, Commercial-Manufacturing Planned Development Combining District in the Harbor Bay Business Park, where a conditional use permit is required for recurring food truck operations pursuant to AMC Section 22-8.
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN18-0193 - 1601 Harbor Bay Parkway - Applicant: Chris Wakefield. A public hearing to consider a Use Permit to allow up to three (3) food trucks to operate one day a month from 11:30 a.m. to 1:30 p.m. The food truck(s) will be parked on private property and will operate from a parking lot serving adjacent office buildings. The property is located within the CM-PD, Commercial-Manufacturing Planned Development Combining District in the Harbor Bay Business Park, where a conditional use permit is required for recurring food truck operations pursuant to AMC Section 22-8.
GENERAL PLAN: Business Park
ZONING: C-M-PD, Commercial Manufacturing - Planned Development Combining District
ENVIRONMENTAL
DETERMINATION: Categorically Exempt from State CEQA Guidelines, Section 15301(a) - operation, permitting or leasing of existing private structures involving negligible or no expansion of use beyond that which exists.
PROJECT PLANNER: David Sablan, Planner II
PUBLIC NOTICE: A notice for this hearing was mailed to property owners and residents, published in local newspapers and posted in public areas near the subject property. Staff has not received any public comments on this proposed project.
EXHIBITS: 1. Site Plan
RECOMMENDATION: Find that the project will not cause significant adverse effects to the physical environment, is Categorically Exempt from environmental review and approve the project with conditions based on the following findings:
Background: On April 17, 2018, the applicant submitted a Use Permit application to allow food trucks at the subject site, which is required pursuant to AMC Section 22-8.1. The food trucks will operate from a parking lot on private property, which serves the adjacent office buildings. A portion of the parking lot will be fenced off from vehicle traffic, occupying twenty-nine (29) existing parking stalls. Each individual food truck will occupy three (3) parking spaces and all food trucks will leave the site after each event with no overnight parking. Portable tables and chairs will also be placed on site during the hours of the event and be stored indoors after the completion of each event. The food trucks will provide trash receptacles that will be removed at the end of the food service. Proposed hours of operation will be 11:00 a.m. to 1:30 p.m.
FINDINGS:
1. The location of the proposed use is compatible with other land uses in the general neighborhood area, and the project design and size is architecturally, aesthetically, and operationally harmonious with the community and surrounding development.
The location of a food trucks are compatible with the Business Park uses. The site is currently underserved by food establishments and the food trucks will provide lunch service to the employees of the office complexes. The existing picnic tables on the site offer patrons of the food trucks a convenient location to eat. The food trucks will be screened from Harbor Bay Parkway by the existing landscape berm.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The site is fully developed and does not require additional transportation and service facilities. The proposed use is an incidental use to the existing office complex, and it is not expected to generate vehicle traffic to the site because the food trucks are intended to serve office employees. There is also ample parking onsite to accommodate the food trucks without creating any shortage of parking for office employees.
3. The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity and will not have deleterious effects on existing business districts or the local economy.
Compliance with the proposed conditions of approval listed below will ensure that the proposed use will not adversely affect other property in the vicinity and will not have deleterious effects on existing business districts or the local economy. This Use Permit does not permit permanent installations that could affect the physical environment, and the conditions of approval will ensure that no waste matter from the food service will impact storm drains and the streetscape.
4. The proposed use relates favorably to the General Plan.
The proposed use would support General Plan policy 2.8.a, which encourages uses that support the Harbor Bay Business Park, because the food trucks will cater to employees of the office site and provide them with a needed complementary service.
CONDITIONS:
The applicant shall implement the following special conditions for this use permit:
1. Approved Uses: The Use Permit approves up to three (3) food trucks to operate from the parking lot of the subject site, consistent with the approved plans (Exhibit 1).
2. Compliance with Plans: Any modification on this site shall be in substantial compliance with the use permit application submittal dated April 17, 2018, by Chris Wakefield, on file in the City of Alameda Community Development Department, except as modified by the conditions listed in this report.
3. Changes to Approved Plans: This approval is limited to the scope of the project defined in the project description and does not represent a recognition and/or approval of any work completed without required City permits. Any changes to the approved scope of the project shall be submitted to the Community Development Department for review and approval.
4. Compliance with Conditions: The applicant shall ensure that each food truck operator comply with all of the following conditions. Failure to comply with any conditions may result in issuance of a citation and/or modification or revocation of the Use Permit.
5. Hours and Days of Operation: The permitted hours of operation under this use permit shall be 11:00 a.m. to 1:30 p.m.
6. Overnight Parking Prohibited: Each food truck shall leave the site after each event. No overnight parking for food trucks is allowed on site.
7. Restroom facility: The applicant shall provide access to restroom facilities to all food truck operators.
8. Water: All water for use in food trucks shall be brought onsite by the food truck operator(s).
9. Storm Drain: Each food truck shall ensure no pollutants, including food waste/grease, liquid wastes, garbage/debris, and other materials are discharged to the City’s storm drain system (including gutters, curbs, and storm drains).
The daily clean-up of all litter, debris, and waste associated with the food vendor operation shall utilize best management practices and dry methods of cleaning to prevent the accumulation or discharge of any materials to the City’s storm drain system (including gutters, curbs, and storm drains).
10. Greywater: Each food truck shall ensure that any greywater from surface cleaning activities shall be collected and discharged to the sanitary sewer system and shall implement surface cleaning best management practices described in the Bay Area Stormwater Management Agencies Association (BASMAA) “Pollution From Surface Cleaning” guidance document.
11. Waste: Each food truck shall ensure the availability of sufficient garbage, recycling and organic collection receptacles. City waste receptacles shall not be used nor relied upon for this effort. The food trucks shall be responsible for hauling away any waste generated by their operation.
12. Polystyrene Foam: Food trucks shall not provide prepared food to customers in disposable food service ware that uses polystyrene foam.
13. Signage: No temporary signs shall be placed in the public right-of-way without a City of Alameda encroachment permit.
14. Additional Permit(s): Each food truck shall obtain all necessary permits from Alameda County Environmental Health, City of Alameda Building Division, and City of Alameda Fire Department.
15. Revocation: This Use Permit may be modified or revoked by the Zoning Administrator, pursuant to Alameda Municipal Code Section 30-21.3d should the Zoning Administrator determine that: 1) the use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity; 2) the property is operated or maintained so as to constitute a public nuisance; or 3) the use is operated in violation of the conditions of the Use Permit.
16. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by May 21, 2020 unless authorized construction or use of the property has commenced. The applicant may apply for a time extension, not to exceed two (2) years. An extension request will be subject to approval by the Zoning Administrator and must be filed prior to the date of expiration.
17. Indemnification: The applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, the Alameda City Planning Board and their respective agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney’s fees) against the City of Alameda, , Alameda City Planning Board and their respective agents, officers or employees to attack, set aside, void or annul, an approval by the City of Alameda, the Community Development Department, Alameda City Planning Board, or City Council relating to this project. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate in such defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding.
Environmental Determination
Categorically Exempt from State CEQA Guidelines, Section 15301(a) - operation, permitting or leasing of existing private structures involving negligible or no expansion of use beyond that which exists.
Use Permit
The Zoning Administrator approves the Use Permit with conditions.
The decision of the Zoning Administrator shall be final unless appealed to the Planning Board, in writing and within ten (10) days of the decision.
Approved by: Date: May 21, 2018
Andrew Thomas, Zoning Administrator