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HomeMy WebLinkAboutItem 3 - Staff Report - Food Trucks Item: __3___ Meeting Date: 11/08/17 ITEM TITLE: PUBLIC HEARING: Consideration of amendments to the Chula Vista Municipal Code (CVMC) to: 1) add Section 19.58.440 (Mobile Food Facilities); and 2) amend Chapters 8.20 (Food Vendors) and 5.62 (Vending Vehicles). Resolution of the City of Chula Vista Planning Commission recommending that the City Council of the City of Chula Vista adopt an ordinance amending the Chula Vista Municipal Code by adding Section 19.58.440, (Mobile Food Facilities); amending Title 8.20 (Food Vendors); and amending Title 5.62 (Vending Vehicles) SUBMITTED BY: Michael W. Walker, Senior Planner REVIEWED BY: Kelly Broughton, Director of Development Services INTRODUCTION The item for consideration is to amend various sections of the Chula Vista Municipal Code (CVMC), by adding a new mobile food facility ordinance to Chapter 19.58 (Uses), specifically Section 19.58.440, and amending Chapters 8.20 and 5.62 regarding food vending and vending vehicles respectively. Mobile food facilities typically include food trucks, trailers and pop-ups. The City is experiencing a surge of mobile food facilities that operate on public and private property without regulatory standards. Staff identified the need for a new mobile food facility ordinance as there currently are no land use regulations for operating these facilities. The City recognizes that these facilities provide diverse dining options for the general public, and an opportunity for entrepreneurs to operate small businesses. ENVIRONMENTAL REVIEW The Director of Development Services reviewed the proposed legislative action for compliance with the California Environmental Quality Act (CEQA) and determined that the action is not a Section 15060(c)(3) of the State CEQA Guidelines the action is not subject to CEQA. In addition, notwithstanding the foregoing, the Director of Development Services has also determined that the action qualifies for an Exemption pursuant to Section 15061(b)(3) of the State CEQA Guidelines. Therefore, no further environmental review is required. RECOMMENDATION That the Planning Commission recommend to the City Council adoption of the proposed CVMC amendments. PC Resolution MPA17-0009 November 8, 2017 Page -2- DISCUSSION CVMC Section 19.58.440 (Mobile Food Facilities): Mobile food facilities benefit the community by providing gourmet and fast food services. They also provide an entrepreneurial opportunity for small businesses to operate in the City, and for brick-and-mortar restaurants to operate in different locations or markets. When operated at the invitation of a brewery or retail center, mobile food facilities draw customers that benefit these businesses. Similarly, when operated as part of a permitted special event, these facilities draw customers that benefit such events. To facilitate mobile food facility commerce, the City needs to protect the public by ensuring these facilities operate in a safe manner and do not create nuisances or hazards. The City's zoning code provides a regulatory process for pushcarts on private property and in the public right-of-way, but currently does not regulate mobile food facility vending on public or private property. The proposed ordinance will create a new section, CVMC Section 19.58.440, to address these uses on public and private property. The proposed code amendments are intended to differentiate between the City's mobile food/beverage vending regulations that limit the sale or distribution of merchandise, and services from vehicles which dispense freshly prepared and pre-packaged food and beverages, and mobile food facilities by creating new zoning regulations and processes for permit approval that accommodate mobile food facility activity in the City. Reasonable regulations are necessary to ensure that mobile food facilities operate in accordance with health, safety and traffic laws of the state and the City of Chula Vista parking requirements; do not cause public safety problems by contributing to traffic congestion or by creating pedestrian and vehicular conflicts; and do not disturb the quiet use and peaceful enjoyment of residential neighborhoods. Therefore, the regulations described in the attached Resolution are in accordance with the authority granted in Section 22455 of the California Vehicle Code, which allows the driver of any commercial vehicle engaged in vending upon a street to vend products on a street in a residential zone and lawfully parking adjacent to the curb. A local authority may also adopt additional requirements for public safety by regulating the type of vending and the time, place, and manner of vending from vehicles upon any street. Additionally, California Health and Safety Code section 114315 allows a mobile food facility to operate within 200 feet of an approved and readily available toilet, and handwashing facility to ensure that restroom facilities are available to facility employees when the mobile food facility conducts business for more than a one-hour period. These new amendments will require mobile food facilities to obtain a vending permit through a ministerial process that includes securing a business license, as required in CVMC Section 5.62, obtain permission from a property owner, and possess a County health permit among other requirements. These amendments will also require a property owner who would like to have mobile food facilities to obtain a Hosting Permit. Mobile food facilities that vend in the public right-of-way are governed by the California Vehicle Code and by new CVMC Section 19.58.440 that regulates the time, place, and manner to protect public health and safety. Listed below are key features of the new ordinance: Vending and Host permits are required and renewed annually; and Commissary agreement requirement; and PC Resolution MPA17-0009 November 8, 2017 Page -3- County Health permit requirement; and Limited outside furniture; and Business license requirement; and Compliance with performance standards; and Not permitted on vacant lots; and Property owner permission requirement; and Must be an accessory use to a primary use; and Waste receptacle requirement; and Existing restroom facility for vending employees. Permit process: Mobile food facility vendors would be required to maintain a Vending Permit, and a City of Chula Vista business license. Property owners who host a mobile food facility would be required to obtain a Host Permit to allow a mobile food facility on their property. Host Permits would not be required for public special events, private event catering, active construction sites, or institutions such as schools, religious, college or hospitals. The application packet submittal requirements would include: the application form; site plan; proof of a County Health permit; proof of a commissary agreement, Indemnification Agreement and a fee (Attachment 4). Vending and host permits would be processed as a ministerial action and expire annually. Enforcement: While enforcement of mobile food facility regulations is expected to be more challenging than typical enforcement for violations at fixed locations; violators will be subject to enforcement action by the Code Enforcement Division; the Police Department; the County of San Diego, for health permit violations; and potentially be subject to fines and permit revocation procedures. Mobile food facility vendors are required to park, and service their vehicles at the commissary location in the agreement that is submitted with the vending permit application. CVMC Section 5.62.030 The proposal also includes the creation of CVMC Section 5.62.030, to establish that a mobile food facility is not a vending vehicle for purposes of Chapter 5.62. Vending vehicles are typically vehicles like ice cream trucks that operate in a much different manner than mobile food facilities. Mobile food facilities are defined in the added Section 19.58.440 (Attachments 2/3). CVMC Chapter 8.20 The proposal also includes the addition of CVMC Section 8.20.015 to establish that a mobile food facility is not a vending vehicle for purposes of Chapter 8.20. Again, typical vending vehicles like ice cream trucks operate in a different manner. Mobile food facilities are defined in the added Section 19.58.440. The other Chapter 8.20 amendments are to vending vehicles, other than mobile food facilities, and vending machines (Attachments 2/3). CVMC Section 10.52.200 The proposal also includes an amendment to CVMC Section 10.52.200 to establish that a mobile food facility is not subject to time limit provision of this section as defined in the added Section 19.58.440 (Attachments 2/3). PC Resolution MPA17-0009 November 8, 2017 Page -4- Public Outreach Staff worked with San Diego United Food Truck Association and California Restaurant Association representatives to address their interests and obtain input. Staff prepared two ordinances, Ordinance A (staff recommended) and Ordinance B, an alternative that includes certain requests from these associations. Staff also presented the draft ordinances to the Development Services Citizen Oversight Committee; following discussion and review, the Committee recommended adoption of the ordinance recommended by staff. DECISION-MAKER CONFLICTS Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any Planning Commissioner of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CONCLUSION The proposed new mobile food facility ordinance provides regulations and a permitting process for the fair, equitable, and safe operation of these facilities on private and public property while FISCAL IMPACT There is no fiscal impact associated with the proposed amendments Attachments 1. Resolution 2. Proposed Ordinance A (Staff recommended) 3. Proposed Ordinance B 4. Indemnification Agreement