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HomeMy WebLinkAboutReso 145-2024 (24-967) No later than October 7, 2024 Dear Members of the Grand Jury, Thank you for the opportunity to comment on the report titled, “Second Units: Affordable Housing’s Panacea or Prevarication?”. Please find our response to the findings and recommendations of the report below. Response to Grand Jury Findings: F1: Sanitary conditions of the exterior of restaurant facilities fall outside current inspections of the County Health Department. The varying unsatisfactory conditions in the waste removal areas of the facilities shows something is lacking in the regulatory process. South San Francisco agrees with this finding. F2: Sanitary conditions of parklets fall outside of current inspections by the County Health Department or Vector Control. South San Francisco agrees with this finding. F3: Sanitary conditions of exterior areas used for waste storage and disposal fall outside current inspections by local jurisdictions; local jurisdictions are, by and large, only reactive to an actual complaint. South San Francisco partially disagrees with this finding. These areas are a focus of regular facility Stormwater Inspections (Activity Area C on SMCWPPP- derived Stormwater Inspection Form) and are inspected at each facility for stormwater regulatory compliance. However, it is NOT under the Environmental Compliance Program's regulatory program to inspect for sanitary compliance. F4: Most restaurant exterior areas are “out of sight” of the public and as a result complaints are less frequent. South San Francisco agrees with this finding. Many of these areas in the City are in public sight, however, and Environmental Compliance responds to stormwater-related complaints on these areas from time to time. CITY COUNCIL 2024 JAMES COLEMAN, MAYOR (DIST. 4) EDDIE FLORES, VICE MAYOR (DIST. 5) MARK ADDIEGO, MEMBER (DIST. 1) FLOR NICOLAS, MEMBER (DIST. 3) MARK NAGALES, MEMBER (DIST. 2) SHARON RANALS, CITY MANAGER DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (650) 829-6620 FAX (650) 829-6657 E-MAIL [email protected] F5. Because they lack oversight, unacceptable conditions in restaurant trash areas are likely not to be rectified. South San Francisco partially disagrees with this finding. There are scheduled, regular trash pickups required by each property owner. Unacceptable conditions tend to be more apparent towards the end of the week, between pick-ups. Even without extensive enforcement, increasing the frequency of pickups may rectify the situation. Environmental Compliance inspects these areas regularly as part of the Stormwater Inspection Program, regulated by the NPDES Municipal Regional Stormwater Permit (MRP). Per the MRP, all stormwater violations are required to be rectified within 10 business days, which is tracked under our program. Although sanitary/health conditions are not covered under the Stormwater Inspection regulatory requirements, most of the stormwater violations we enforce on in these waste areas are tied into sanitary conditions, which are then corrected indirectly through our enforcement requirements. F6. Waste water from the cleaning of trash areas and from rain flow into the storm drain systems. South San Francisco partially disagrees with this finding. Discharges from cleaning of waste storage areas/dumpster leaks are prohibited under the NPDES Municipal Regional Stormwater Permit (MRP) and are thus regulated through the Environmental Compliance Stormwater Inspection Program. These inspections also enforce on potential discharges to the storm drain system, requiring good housekeeping practices/BMPs to ensure rain flow does not pick up contaminants from these areas. Additionally, many of these drains actually discharge to the sanitary sewer system (a requirement for all new construction for some time) and many even discharge first to a grease removal device. F7. Effective inspection of parklet sanitation can be severely hampered by closed skirting and lack of under floor access. Spacing between planking and lack of solid flooring can lead to accumulation of organic debris and possible infestation by vermin. South San Francisco agrees with this finding. Response to Grand Jury Recommendations: R1. By June 30, 2025, the County should amend its Food Facility Checklist to include the condition of trash area flooring, bins, dumpsters and enclosures, and note any needed repair, replacement or cleaning. No action required by local jurisdiction but South San Francisco agrees with this recommendation. R2. By June 30, 2025, the County should amend its Food Facility Checklist to include the entire exterior waste storage area, retention areas and parklets, including flooring and underfloor areas. No action required by local jurisdiction but South San Francisco agrees with this recommendation. R3. By June 30, 2025, the County should require operators/owners of restaurants to have a written diagram of their approved waste storage/retention area posted so the inspector can evaluate the condition of the facilities. No action required by local jurisdiction but South San Francisco agrees with this recommendation. R4. By June 30, 2025, inspectors for all jurisdictions with restaurants should be empowered to require owners/operators to add receptacles or increase the frequency of pick-ups. Note: The Grand Jury is not able to recommend changes to building codes or planning criteria to cities or the County. However, in our review we did find the City of Palo Alto has a publication with clear and comprehensive regulations/recommendations for these areas. “Comprehensive Guidelines for Commercial Trash Enclosures: https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/palo-alto- trash-enclosure-area-guidelines-march-2017.pdf” The recommendation has been implemented. New development required to meet trash enclosure requirements in the City’s Municipal Zoning Code. Additionally, there are scheduled, regular trash pickups required by each property owner. Unacceptable conditions tend to be more apparent towards the end of the week, between pick-ups. Even without extensive enforcement, increasing the frequency of pickups may rectify the situation. Environmental Compliance inspects these areas regularly as part of the Stormwater Inspection Program, regulated by the NPDES Municipal Regional Stormwater Permit (MRP). Per the MRP, all stormwater violations are required to be rectified within 10 business days, which is tracked under our program. Although sanitary/health conditions are not covered under the Stormwater Inspection regulatory requirements, most of the stormwater violations we enforce on in these waste areas are tied into sanitary conditions, which are then corrected indirectly through our enforcement requirements.