MAC: Sidewalk Vendors Discussed
The Castro Valley Municipal Advisory Council (MAC) welcomed new members Raymond Davis and Xochiyotl Martinez at an epic four-hour Land Use meeting on Monday night, ultimately kicking a decision down the road on a controversial item about sidewalk vendors and talking about the proposed expansion of a religious facility in the Crow Canyon hills.
After a lengthy conversation, the MAC ultimately continued discussion on a proposed sidewalk vendor ordinance which aims to bring Castro Valley’s legislation in line with State Senate Bills 946 and 972.
The bills are designed to support entrepreneurship while maintaining public health standards, as more and more sidewalk vendors are required to have a permit, maintain sanitary conditions, and not obstruct the flow of traffic or pedestrians, according to Edward Labayog, county Code Enforcement Manager.
Enforcement is handled by county Code Enforcement and any infractions result in an initial warning for a first offence and escalating administrative fees for any subsequent violations.
The county says that challenges include low “voluntary participation” among vendors to obtain proper permits and the fact that many of the vendors don’t have proper identification themselves, making citation difficult. Also, the Code Enforcement employees largely work normal business hours, leaving evenings and weekends unstaffed, and there are language barriers between authorities and vendors.
Many sidewalk vendors are there because they don’t have the funding to have a brick-and-mortar store, commented MAC member Tojo Thomas. Meanwhile, MAC Vice Chair Bill Mulgrew pondered how to deal with brick-and-mortar locations who put out wares on sidewalks in front of their stores.
One speaker commented that the vendors may create a conflict of interest- for example fruit vendors selling in front of grocery stores where fruit is also sold.
Former MAC member Marc Crawford spoke up, saying he lives in an area with several vendors and preferred past days when the Sheriff’s Office would handle enforcement. He also said that the issue is far less simple than a Code Enforcement ordinance, because many of the vendors are immigrants, and while there is an interest in supporting that community, the reality is that many are in difficult situations and even being trafficked.
“Some of these people are being exploited- there are people with babies, people who are out there all day, and they look like they just got to the county,” said Crawford. “This really needs to come back before the MAC- it’s nowhere near being done.”
Mulgrew agreed, saying the ordinance needed to be extremely well-constructed before any approval.
“There is a danger to this community if this isn’t executed smartly and tightly,” said Mulgrew.
MAC member Shannon Killebrew added that she also hopes the eventual ordinance is “streamlined as much as possible” to prevent needless complications and red tape for vendors.
The item will be discussed at a future meeting.
Another lengthy discussion was focused around an application to allow the expansion of the Fa Yun Chan Temple- a residential Buddhist religious facility- at 7825 Crow Canyon Road.
The owners want to convert an existing residence into dorms and add three Buddha statues and meditation trails, as well as the construction of five new buildings on the 98-acre property.
The item was discussion-only and will be back before both the MAC and the county Board of Zoning Adjustments before any approval.
Neighbors took to public comment time to express concern about traffic, trespassing, and whether the property in the agricultural area could sustain larger development.
MAC member Thomas said that one major future issue to be resolved would be water usage: “Water is a key issue,” he said.
Public comment is open from now until September 3 and the document is available at the Alameda County Planning Department at 224 W. Winton Avenue or at the Castro Valley Library at 3600 Norbridge Avenue, and online at acgov.org.cda.planning/ceqa-projects/index.htm
The MAC also unanimously approved an application for a Conditional Use Permit (CUP) for a 10-bed residential care home at 17926 Apricot Way.
There were concerns that the rooms were too small, that the owners would eventually want to expand and put two people in each room, and that the facility had parking and noise issues. But the plan was eventually approved for the 10 beds with the stipulation that the CUP be reviewed in five years.
The MAC also heard an application for interior and exterior renovations including parking lot restriping and landscape enhancements for 3836 and 3844 Castro Valley Boulevard, the former Rite Aid, which developers want to turn into a large dim sum restaurant.