Mr. Gonzales, Tear Down the Building!!

I was among the attendees to the May 17th Council meeting. I'm also a neighbor concerned with the recommendation to the Board of Supervisors of rezoning back to residential status 3821 Fair Oaks Avenue, currently occupied by BACE. The recommendation was voted, unanimously, by all Council members present. So far so good.

I'm concerned about the process and, ultimately, the conditions under which the rezoning will be in effect. According to opinions expressed during the meeting by Ms Jensen and a representative of the Planning and Zoning division, even though the rezoning will be considered and perhaps approved by the Board of Supervisors (the San Mateo County Planning and Zoning website says rezoning could take as long as 6 to 12 months), it would still not go into effect until the commercial parcel in question changes ownership. Since time was short and comments kept brief, it was not clear if the current owner was willing to convert to residential 3821 Fair Oaks Ave, among other reasons because Mr. Gonzales was not present. This option could expedite the process of preventing BACE to remain in the premises in order to complete the lease term.

I'm inclined to believe that BACE should not be obligated to remain in the current location, under a different guise, based on a lease probably signed under false pretense. This business is leaving the premises not because they have outgrown the place, they are leaving because they don't need unhappy neighbors. If there had been no complains, BACE would have stayed as long as it was convenient for the business.  As things stand now, we're are stuck with them until the new location is remodeled, and then three years more because of a lease that didn't account for the suitability of the premises?. 

MR. GONZALES, TEAR DOWN THE BUILDING!!

MEETING AT FAIR OAKS COMMUNITY CENTER

• What: Fair Oaks Council Meeting
• Why: Peggy Jensen, Deputy County Manager will update on Bay Area Catering
• When: Thursday, May 17th at 7:00 PM
• Where: Fair Oaks Community Center, Rooms 1 & 2, 2600 Middlefield, Redwood City, CA 94063

County's Meeting Topics

Below are the County's talking points for the May 17th meeting at the Fair Oaks Community Center:

Memorandum

Office of the San Mateo County Manager

To: North Fair Oaks Community Council Members
From: Peggy Jensen, Deputy County Manager
Date: May 14, 2012
Re: Update on Bay Area Catering and Events

---

Background
At the March Council meeting, the Council heard concerns from North Fair Oaks residents about a variety of issues related to the location and operation of Bay Area Catering and Events (BACE).  BACE is located on Fair Oaks Avenue in a primarily residential section of North Fair Oaks.  In response to community concerns, I told the Council that I had met with the business owners and that BACE was planning to move their catering operation to a larger facility sometime in the summer.  At the March meeting, residents also had questions about the process for changing the zoning of the BACE building from commercial to residential.  Planning and Building staff and I offered to return to the May North Fair Oaks Council meeting with an update on the BACE move and also a short presentation on the process for changing land use and zoning in the County.    
Update
On Monday, May 14, 2012, the business owners provided a copy of the construction plans for their new facility, which is located in Redwood City.  They expect to submit these plans to the City tomorrow for review.  The owners told us the majority of the improvements at the new site are equipment installation, not construction.  They have already ordered the new equipment, so once permits are issued, build-out at the new location should go quickly.  The owners anticipate a July/August move-in date.

All of the BACE catering work will be done at the new facility.  This means that all deliveries, their delivery trucks and most all their employees will be relocated to the new Redwood City site.      

BACE has a five year lease on the North Fair Oaks building with two more years remaining on the lease.  The owners plan to turn the North Fair Oaks location into a morning and lunch deli/café offering coffee, French pastries from a bakery in San Francisco and other food items.  The business owners would welcome the opportunity to meet with neighbors to learn what types of products and services the neighbors would like to see at the BACE North Fair Oaks location.  The County has offered to have the Peninsula Conflict Resolution Center (PCRC) facilitate such a meeting.  The owners also mentioned that they would be willing to re-paint the North Fair Oaks location and would welcome community input on the new color(s) for the building.      

In response to the community concerns about commercial land uses in predominantly residential areas of NFO, Planning and Building staff will explain the process for changing land uses and zoning at the May 17th meeting.  An action that the Council could take, if there is interest in having some commercial areas in North Fair Oaks re-zoned, is to vote to have County staff take a re-zoning request back to the Board of Supervisors for consideration. 

Recommended Council Action

1. Request County staff to arrange a facilitated meeting between the owners of Bay Area Catering and Events (BACE) and the residents of the neighborhood surrounding the BACE location.

2. Request that County staff take a recommendation from the North Fair Oaks Community Council to review commercial areas in primarily residential sections of North Fair Oaks to the Board of Supervisors for consideration

Before and After

Before

After

Candidate Visit Summary

Thank you to all those who came out on Mother's Day to show your support and express your concern. Below is a brief summary composed by Teresa:


Summary:

2:00 pm - First to arrive to the meeting at the corner of Fair Oaks Ave and San Benito Avenue was Board of Supervisor candidate Memo Morantes who quickly stated he couldn’t stay long because it was Mother’s day. Welcoming Morantes was Mitch and Andrea, Dave and Teresa. Shortly after, neighbors gathered and other candidates arrived, such as Carlos Romero, Ernie Schmidt and K. Keith who introduced themselves and share the common opinion, among the candidates, that for this meeting all they could do was listen. They would not take sides or favor one version of events as it would compromise future actions regarding the issue if one of them were to become elected Supervisor.

Mitch made a brief presentation of the problem the neighborhood is having with BACE and with the response from the San Mateo County zoning department.

Neighbors expressed persistent disappointment with, and distrust of the County Planning and Zoning department, not just because of the current problem regarding BACE but because other zoning violations brought to their attention on previous occasions and the equally dismissive response the neighborhood received. The mood is of concern regarding expectations of enforcement of zoning regulations as the recently new North Fair Oaks Plan goes into effect.

The candidates offered suggestions as how to go about getting the attention of the commission or, ultimately, the Board of Supervisors.

Carlos Romero suggested we could have a strong case to argue in court, if nothing else works. He also discussed working within the precepts of due process.

Kirsten Keith advised us to be persistent and insist on getting a place on the agenda of the Board of Supervisors to plead our case.

Memo Morantes was of the opinion that the neighborhood problems with BACE and the Planning and Zoning department came with the territory. Basically, as a home owner, you should know "What you buy and Where you buy". In a conversation, separate from the group, he admitted to Mitch and Teresa that he knew Jaime Gonzales, the proprietor of BACE building, who has endorsed his candidacy, and whose sister was also a “dear friend".

Ernie Schmidt offered his help to guide us in the process of dealing with the Planning and Zoning commission.

4:00 pm - The meeting concluded with a outdoor “tour” of the premises where the candidates could observe the conditions of the building, the parking situation, the installation of the blower on top of the building and constant hum from ventilators.

Calling All Neighbors

CALLING ALL NEIGHBORS!

Come Sunday May 13^th at 2 pm on Fair Oaks Ave across from Bay Area Catering

We will meet with Board of Supervisors candidates. They are coming to our neighborhood to hear our grievances with the FOOD FACTORY at 3821 Fair Oaks Ave.

Featuring*

ü Kirsten Keith

Mayor Menlo Park

ü Memo Morantes

Trustee, San Mateo Board of Education

ü Ernie Schmidt

Former Chair RWC Planning Commission

*Confirmed. Others pending.

Come and voice your concern and let our future supervisor know our struggle to keep enjoying our neighborhood’s charm & character.

Check for continual updates regarding the food factory at:

northfairoaks.blogspot.com

Join up:

north-fair-oaks-community@googlegroups.com

Below is a brief presentation detailing some of the issues made by one of our neighbors:

Letter to San Mateo County Board of Supervisors

Below is an email sent to our Board of Supervisors by one of our residents:


to:    (San Mateo County Supervisors)  rosejg@co.sanmateo.ca.us,
 atissier@co.sanmateo.ca.us,
 dhorsley@co.sanmateo.ca.us,
 cgroom@co.sanmateo.ca.us,
 dpine@co.sanmateo.ca.us
cc:      wgibson@co.sanmateo.ca.us

date:    Mon, May 7, 2012 at 11:40 PM

subject:         Environmental Impact Report and BACE

Dear Board Members;

I am writing to all of you hoping you can help resolve this situation.

There is a business, Bay Area Catering & Events (BACE), located at
3821 Fair Oaks Avenue, that was approved to operate in the
neighborhood but does not serve its neighbors. If anything, BACE has
ruined the neighborhood charm, and caused many neighbors documented
stress and other health-related issues due to the nature of BACE's
business, it's operating hours, and its close proximity to the
neighbors.

BACE, as you can see on its website ( http://bacevents.com/ ), "is now
a company with a staff of over 45 talented and passionate
employees ... service range from small intimate parties to large
events for more than 5,000 people, including weddings, conventions,
fundraising events, banquets, social parties, corporate parties and
special events." BACE lists its address in Sunnyvale; not Menlo Park.

In November 2011, the Planning and Building Department conducted a
comprehensive Environmental Impact Report. If you go to 12. Land Use &
Planning, you will find the following on page 12-3:

Neighborhood Commercial: This designation is intended for neighborhood
commercial uses where there is a demand for neighborhood commercial
services; a variety of compatible commercial uses can be concentrated;
convenient automobile access, parking facilities and other
improvements can be provided; or next or close to major transportation
routes but not in long, continuous strips or isolated locations.

On page 12-4, you can see the NFO map, which designates 3821 Fair Oaks
as "Neighborhood Commercial".

BACE is NOT "intended for neighborhood commercial uses where there is
a demand for neighborhood commercial services" since BACE is a
catering business and serves customers throughout the Bay Area.

Furthermore, BACE is zoned as "C-1" and according to the Zoning
Regulation, "SECTION 6253.5. PERFORMANCE STANDARDS. 5. Trash and
Debris. All trash, boxes, or similar debris shall be picked up daily
and stored in refuse containers that are screened from public view."
Clearly, the neighbors can see all three refuse containers, which are
not "screened from public view."

SECTION 6252. YARDS REQUIRED (b) 3. There shall be a rear yard of at
least six (6) feet along the rear of every lot in a “C-1” District,
which rear is bordering on property in any “R” District." BACE is
zoned as C-1 and the homes around it are zoned R-1. 3821 Fair Oaks Ave
does NOT have "six (6) feet along the rear."

In summary, BACE is TOO LARGE to operate its 45-employee business in
our small neighborhood. It serves corporate clients and events in the
entire Bay Area; not the North Fair Oaks neighbors. The property is
NOT in compliance with two zoning regulations.

Due to the health and compliance issues documented in this email, I
ask that you place a HIGH priority on this issue. Please let me know
if I and the North Fair Oaks neighbors can help accelerate the
resolution of this issue. Thank you.

Additional Contributions

Below is additional information that has been researched by local residents (all links and references can be provided upon request):

Issue 1:

"Environmental Impact Report. If you go to 12. Land Use & Planning, you will find the following on page 12-3:

Neighborhood Commercial: This designation is intended for neighborhood commercial uses where there is a demand for neighborhood commercial services; a variety of compatible commercial uses can be concentrated; convenient automobile access, parking facilities and other improvements can be provided; or next or close to major transportation routes but not in long, continuous strips or isolated locations.

On page 12-4, you can see the NFO map, which designates 3821 Fair Oaks as "Neighborhood Commercial".

BACE is NOT "intended for neighborhood commercial uses where there is a demand for neighborhood commercial services" since BACE is a catering business and serves customers throughout the Bay Area."


Issue 2:


"I am also asking the Planning & Building folks for clarification on this regulation:

SECTION 6253.5. PERFORMANCE STANDARDS. 5. Trash and Debris. All trash, boxes, or similar debris shall be picked up daily and stored in refuse containers that are screened from public view.

Clearly, we can see all three refuse containers, which are not 'screened from public view.'"



Issue 3:



In reviewing the Zoning regulation for BACE, page 15.4 states "There shall be a rear yard of at least six (6) feet along the rear of every lot in a “C-1” District, which rear is bordering on property in any “R” District."

BACE is zoned as C-1 (note that in the zoning map, BACE is zoned C-1 / S-1; not C-1 / NFO), and the homes around it are zoned R-1 / S-73 (see zoning map).

If this is true then the building owner is not in compliance. 

SECTION 6252. YARDS REQUIRED.
(a) Front yards required: None.

(b) Side and rear yards required:

1. Every building or portion thereof which is designed, intended and/or used for any purpose permitted in any “R” District shall comply with the provisions of this Part as to side and rear yards which are required by any combined “S” District, provided that when the ground floor of any such building is used exclusively for any commercial purpose, no side or rear yard shall be required for said ground floor except as set forth in the following subparagraphs 2 and 3.

2. There shall be a side yard of at least three (3) feet along the side of every lot in a “C-1” District, which side is bordering on property in any “R” District.

3. There shall be a rear yard of at least six (6) feet along the rear of every lot in a “C-1” District, which rear is bordering on property in any “R” District.