Loading...
HomeMy WebLinkAbout2018-02-28 PC Agenda Item 1 Minutes for Approval January 24, 2018 CITY OF CHUIAVISTA Plannim! Commission minales REGULAR MEETING OF THE CITY OF CHULA VISTA PLANNING COMMISSION January 24, 2018 Council Chambers 6:00 p.m. Public Services Bldg A 276 Fourth Avenue CALL TO ORDER MEMBERS PRESENT: Commissioners Anaya, Burroughs, Calvo, Milburn, Zaker and Chair Gutierrez MEMBERS ABSENT: Commissioner Nava—requested excused absence MOTIONS TO EXCUSE: Zaker/Calvo Motion Passed: 5-0-0 PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE OPENING STATEMENT: 1. APPROVAL OF MINUTES: January 10, 2018 MSC: Milburn/Calvo Motion Passed: 4-0-1 (Anaya abstained) PUBLIC COMMENTS: There were none PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by low. If you wish to speak on any item, please fill out a "Request to Speak"form (available in the lobby) and submit it to the Board Secretary prior to the meeting. 2. PUBLIC HEARING: Consideration of a Design Review permit (DR17-0026) for a 36-unit multi-family attached alley condominium project with two (2) car garages, and associated open space on approximately 1.32 acres located in the Otay Ranch Village Two, Neighborhood R-16A, Planning Commission Agenda January 24,2018 Page-2- Planned Community District (RM2) Residential Multi-Family 2 zone. Applicant: Presidio Cornerstone Aventine, LLC. Project Manager: Stan Donn, Sr. Planner Staff Recommendation: That the Planning Commission adopt Resolution DR17-0026 approving the 36-unit multi-family attached, alley condominium project with two (2) car garages, and associated open space on approximately 1.32 acres, based on the findings and subject to the conditions contained therein. Commissioner Calvo recused herself for this item. Stan Donn, Sr. Plamler, gave a slide presentation that included views from the north, south, east and west. Also included were the site plan, on-site amenities, open space, elevation drawings and floor plans. QUESTIONS —COMMISSIONERS TO STAFF/APPLICANT What is the size of the open space between buildings? PUBLIC HEARING OPENED There were no speakers PUBLIC HEARING CLOSED COMMISSIONER DELIBERATIONS Chair Gutierrez commented that he was glad to see some open space in the project. MSC: Milburn/Burroughs Motion passed: 5-0-1 (Calvo recused) 3. PUBLIC HEARING: To consider approval of Mitigated Negative Declaration IS15-0005 and adoption of a Mitigation Monitoring and Reporting Program pursuant to CEQA, and approving the Otay River Business Park Specific Plan and Tentative Subdivision Map. Applicant: Sudberry Development, Inc. Project Manager: Miguel Tapia, Sr. Planner Staff Recommendation: Staff recommends that the Planning Commission hold the required public hearing and adopt the resolution as presented. Senior Planner Miguel Tapia gave a slide presentation that included the site plan, description, existing land use designation and zoning. He covered the General Plan vision for Main Street, the subdivision of the site in planning areas and provided a brief summary of the design Plarming Commission Agenda January 24,2018 Page-3- guidelines. He presented the tentative subdivision map and stated that the project was consistent with the General Plan and that it was in compliance with the environmental review. QUESTIONS—COMMISSIONERS TO STAFF/APPLICANT The Commissioners had no questions OPEN PUBLIC HEARING Rick Simmons, representing Sudberry Projects, spoke on the project and commended staff for their excellent work. There were no other speakers. PUBLIC HEARING CLOSED COMMISSIONER DELIBERATIONS Commissioners asked questions and were concerned about: • Was the resolution 2 parts to include zoning and the tentative map • What is the main zoning change • What is the economic impact going forward? • What is the timeline for the site clean-up? • Who is responsible for monitoring the clean-up? • Is the adjacent site available for purchase—perhaps by the City? MSC: To approve with the corrections to provision #27 made by staff Calvo/Zaker Motion passed 6-0-0 Commissioner Nava absent OTHER BUSINESS 4. DIRECTOR'S REPORT: The car wash project presented at the last meeting is being appealed. 5. COMMISSION COMMENTS: Commissioner Gutierrez asked when the Food Truck Ordinance would be brought back to the Commission. (It is tentatively scheduled for February 28, 2018). ADJOURNMENT at 6:34 p.m. to the next Regular Planning Commission Meeting on February 14, at 6:00 p.m., in the Council Chambers. Baltimore's 300-feet food truck rule is too vague to enforce fairl... Page I of 2 Baltimore's 30o-feet food truck rule is too vague to enforce fairly, judge says By Sarah Gantz i The Baltimore Sun DECEMBER 20, 2017,7:05 PM Baltimore's ban on food trucks operating within 300 feet of a brick-and-mortar restaurant with a similar product is too vague to enforce, a judge ruled Wednesday. The opinion by Baltimore City Circuit Court Judge Karen C. Friedman responded to a May 2o16 lawsuit brought by food truck owners,who argued the rule unconstitutionally blocked competition and put them at an economic disadvantage. The case scent to trial this past September. In her decision,Friedman said that it was not unconstitutional for the city to regulate food trucks,but that the rule is so vague that"enforcement is likely to be subjective and arbitrary until the ordinance has been clarified by amendments." Robert Frommer, a senior attorney at the Institute for Justice, one of the lawyers representing the owners of Pizza di Joey and Mindgrub Cafe, said the decision was a victory for Baltimore food trucks, but that they planned to appeal the decision because it does not go far enough to protect food truck operators. "It's the first step toward food truck freedom and we're going to keep fighting until consumers, not City Hall, can decide where they get their lunch," Frommer said. "We are planning to appeal because the Maryland Constitution clearly prohibits cities from making it a crime to compete just to line the pockets of a preferred constituent." Baltimore City Solicitor Andre Davis said the city planned to ask the circuit court for reconsideration of the ruling and would appeal the decision if the court declines to revisit the case. "The purpose of the ordinance is an attempt to achieve economic equity between competitors in the food business,"Davis said. Typically, food trucks are less expensive to operate than a brick and mortar store and as a result can sell their food at a lower price that undercuts competition, Davis said. 12.WEEU FOR ON�)Y 99 pibits a food As" N # ti&AWo"e'rating within 300 feet of a brick-and-mortar Wp%W i restaurant that is primarily engaged in selling the same type of food product or service. http://www.baltimoresun.com/entertai-nment/dining/baltimore-d... 02/28/2018 CHULA VISTA PLANNING �J.�t�rrk ➢, ��� COMMISSION 'ry " AGENDA STATEMENT Item: 2 Meeting Date: 2/28/18 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), 5.62 (Vending Vehicles), and 10.52, (Stopping, Standing, and Parking). 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); and amending Chapters 8.20 (Food Vendors); 5.62 (Vending Vehicles); and 10.52 (Stopping, Standing, and Parking). SUBMITTED BY: Michael W. Walker, Senior Planner REVIEWED BY: Kelly Broughton, Director of Development Services INTRODUCTION This item was presented before the Planning Commission on November 8, 2017, and was continued in order for staff to seek additional input on the draft ordinance. On January 31, 2018 staff hosted a public meeting to explain the draft ordinance, discuss any areas of concern and suggested changes, and answer questions. This public meeting was advertised through the City's social media accounts, direct contacts with the San Diego United Food Truck Association and inclusion in the newsletter for the Third Avenue Village Association (TAVA). The item for consideration would 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, 5.62, and 10.52 regarding food vending, vending vehicles, and stopping/parking 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. PC Resolution MPA 17-0009 February 28,2018 Page-2- 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 "Project" as defined Linder Section 15378 of the State CEQA Guidelines; therefore, pursuant to 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. 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's 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 PC Resolution MPA 17-0009 February 28,2018 Page-3- 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, on their premises, 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 • County Health permit requirement; and • Limited outside furniture; and • Business license requirement; and • Compliance with performance standards; and • Not permitted on vacant lots or gas service stations; 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 facilities, colleges 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 3). 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 (Attachment 2). PC Resolution MPA17-0009 February 28,2018 Page-4- 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 (Attachment 2). 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 (Attachment 2). Public Outreach: On January 31, 2018, staff held a citywide publicly-noticed community workshop to explain and clarify the proposed ordinance's intent and purpose. Discussion points included a background, Vendor and Host Permit regulations and enforcement, followed by a question and answer period. The concerns raised included, ordinance enforceability, use of extension cords, and host and vendor accountability; the concerns did not require significant revisions. However, staff committed to bringing the ordinance back after one year for review, and further consideration of allowing the use of extension cords. Staff worked with San Diego United Food Truck Association and California Restaurant Association representatives to address their interests and obtain input. Staff originally prepared two ordinances; however, staff is providing one ordinance that includes provisions for a condiment table,belly bars, chairs, and a 10' x 10' pop-up canopy. 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 protecting the public's general welfare. FISCAL IMPACT There is no fiscal impact associated with the proposed amendments. Attachments 1. Planning Commission Resolution 2. Proposed Ordinance 3. Indemnification Agreement 4. November 8,2017 Minutes RESOLUTION NO.MPA17-0009 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); AND AMENDING CHAPTERS 8.20 (FOOD VENDORS); 5.62 (VENDING VEHICLES); AND 10.52 (STOPPING, STANDING, AND PARKING) WHEREAS, the City is experiencing a surge of mobile food facilities that operate on private and public property without regulatory standards; and WHEREAS, staff identified the need for a new Mobile Food Facility ordinance as there currently are no land use regulations for operating these facilities on private or public property within the City; and WHEREAS, staff prepared a draft Mobile Food Facility ordinance to better regulate safe and equitable operation of these facilities on private and public property by requiring a ministerial permit process; and WHEREAS, mobile food facilities provide diverse dining options for the general public at permitted special events on public or private property; and WHEREAS, mobile food facilities provide an opportunity for entrepreneurs to operate small businesses, as well as for brick and mortar restaurants to expand into other locations or new markets; and WHEREAS, California Health and Safety Code section 114315 establishes local regulatory authority over mobile food facilities and allows mobile food facilities to operate in accordance with local codes, ordinances and regulations; and WHEREAS, Section 22455 of the California Vehicle Code authorizes the City to regulate the time, place and manier of vending from mobile food facilities in the public right-of-way for public safety; and WHEREAS, staff presented the draft ordinance to the Development Services Oversight Committee which recommended approval; and WHEREAS, 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 "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore,pursuant to 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 Attachment 1 PC Resolution MPA 17-0009 February 28,2018 Page-2- 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; and WHEREAS, a hearing time and place was set by the Planning Commission to consider the Chula Vista Municipal Code amendments and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, at least ten(10) days prior to the hearing; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider said code amendments at the time and place as advertised in the City Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends that the City Council of the City of Chula Vista adopt the ordinance amending various sections of the Chula Vista Municipal Code related to mobile food facilities. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. Presented by: Approved as to form by: Kelly Broughton, FSLA Glen Goggins Director of Development Services City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28th day of February, 2018, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Gabe Gutierrez, Chair ATTEST: Patricia Laughlin, Secretary Ordinance Page I ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE, TITLE 19, PLANNING AND ZONING, CHAPTER 19.58, USES, TO ADD SECTION 19.58.440, MOBILE FOOD FACILITIES; AND AMENDING CHAPTERS 8.20, FOOD VENDORS; 5.62, VENDING VEHICLES; AND 10.52, STOPPING, STANDING, AND PARKING WHEREAS, mobile food facilities, provide gourmet and fast food options to city residents, workers and visitors; and WHEREAS, mobile food facilities operating at the invitation of businesses, such as retail centers or breweries, draw customers that benefit these businesses; and WHEREAS, mobile food facilities provide diverse dining options for the general public at permitted special events on public or private property such as festivals, street fairs and fun runs; and WHEREAS, mobile food facilities provide an opportunity for entrepreneurs to operate small businesses, as well as for brick and mortar restaurants to expand into other locations or new markets; and WHEREAS, California Health and Safety Code section 113700 et seq. (the "California Retail Food Code") establishes local regulatory authority over mobile food facilities and allows mobile food facilities to operate in accordance with local codes, ordinances and regulations; and WHEREAS, Section 22455 of the California Vehicle Code authorizes the City to regulate the time, place and manner of vending from mobile food facilities in the public right-of-way for public safety; and WHEREAS, Section 114315 of the California Health and Safety Code requires a mobile food facility be operated within 200 feet of an approved and readily available toilet and handwashing facility to ensure that restroom facilities are available to mobile food facility employees whenever the mobile food facility is stopped to conduct business for more than a one- hour period. WHEREAS, the City Council finds that the proposed legislative action for compliance with the California Environmental Quality Act (CEQA) and determined that the action is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the action is not subject to CEQA. In addition, notwithstanding the foregoing, the City Council 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. Attachment 2 Ordinance Page 2 NOW THEREFORE the City Council of the City of Chula Vista does hereby find and ordain as follows: That the regulation of mobile food facilities is in the interest of the health, safety and welfare of the connnnunity and that the sales of products from mobile food facilities be limited to food items subject to regulation under the California Retail Food Code, as may be amended. BE IT FURTHER ORDAINED that Section 19.58.440 be added to the Chula Vista Municipal Code and that Chapters 5.62, 8.20 and Section 10.52.200 of the Chula Vista Municipal Code be amended as set forth below. Section I. Section 19.58.440 Mobile food facilities. A. Purpose Mobile food facilities benefit the communityby providing gounnlet and fast food services to City residents, workers and visitors. 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, Mobile food facilities draw customers that benefit the special event The City needs to protect the public by ensuring mobile food facilities are operated in a safe mamner and do not create nuisances or hazards. Reasonable regulations are necessary to ensure that mobile food facilities are operated in accordance with health safety and traffic laws of the state and the parking ordinances of the City-, 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 in this section are enacted in accordance with the authority granted in Section 22455 of the California Vehicle Code and California Health and Safety Code section 114315 et sect (the "California Retail Food Code"), as each may be amended. B. Definitions 1. "Authorizing Person"means a property owner, host tenant lessor, or manager of real property, or an agent thereof, who has responsibility for authorizing location of a Mobile food facility on the property_ 2. "Hosting Permit" means a permit authorizing an Authorizing Person to host a Mobile food facility on their premises. 3. "Mobile food facility" includes the definition in California Health and Safety Code section 113831, as may be amended and also means a vehicle that operates as a food facility from which food is sold or distributed at retail. Ordinance Page 3 a. "Mobile food facility" does not include a "transporter" used to transport packaged food from a facility, or other approved source to the consumer. b. "Mobile food facility" does not include ice cream tnicks which are addressed in Section 8.20.020 of the Municipal Code or vehicles that deliver prepared food to subscribers. 4. "Responsible Party" is defined in Section 1.04 010 of this Municipal Code and for purposes of this Section, also includes Authorizing Persons and Vendors 5. The terms "street," "highway," and "vehicle" have the same definition as in the California Vehicle Code, as may be amended. 6. "Trailer"means an unpowered vehicle towed by another vehicle 7. "Vending Permit" means a pennit allowing a Vendor to operate a Mobile food facilityprivate and public property. 8. "Vendor" means a person who owns leases manages or vends from a Mobile food facility. C. Mobile food facilities on private public and City property Mobile food facilities may operate on nonresidential and residential private property with prior written consent of an. Authorizing Person. Mobile food facilities may operate on City property with the prior written consent of the City Manager or designee and may also operate on public streets and highways. All Mobile food facilities regardless of vending location are subject to the Vending Permit requirements and regulations set forth herein as well as other applicable provisions of the Municipal Code California law and federal law. 1. Mobile food facilities may operate as an accessory or ancillary use in all agricultural mixed use, commercial and industrial zones and similar zones for all Sectional Planning Area (SPA) Plans and Specific Plans upon issuance of a Vending Permit by the City Manager or designee except where prohibited in this Municipal Code 2. Mobile food facilities may operate at multiple nonresidential sites with a valid annual Vending Permit and written permission by an Authorizing Personrepresenting property or business ownership in possession of a Hosting Pennit where the Mobile food facility operates. 3. Mobile food facilities may not operate in residential zones excel a) Pursuant to a block party pennit issued by the City or b) When an Authorizing Person has invited a Mobile food facility onto the premises of a college school religious institution construction site or other Ordinance Page 4 private property in a residential zone when providing food service to patrons on such premises exclusively. 4. Mobile food facilities are prohibited from vending on vacant lots or gas service stations, and shall not be the primary use on any lot D. Private Catering Mobile food facilities may operate as a private food and beverage caterer with a Vending Permit under the following conditions: 1. The Mobile food facility shall be parked entirely on private property. 2. Service shall be limited to guests of the event host No walls-up customers are permitted. 3. Payment transactions shall occur between the event host and the Vendor only, E. Hosting Pennit requirements 1. An Authorizing Person wanting to host Mobile food facilities on their property hall obtain an annual Hosting Permit prior to allowing Mobile food facility Vendors on their premises. 2. Payment of a fee is required for an anlual Hosting Permit The permit fee shall be as set forth in the Master Fee Schedule of the Citadopted by resolution by the City Council The City Manager shall from time to time recommend such fees to the City Council that reflect an amount to equal but not to exceed the reasonable costs of administration of the program F. Vending Permit requirements 1. All Mobile food facility Vendors shall obtain an annual Vending Permit before offering food or beverages for sale in Chula Vista 2. Payment of a fee is required for an annual Vending Permit The permit fee shall be as set forth in the Master Fee Schedule of the City ado tp ed by resolution by the City Council The City Manager shall from time to time recommend such fees to the City Council that reflect an amount to equal but not to exceed the reasonable costs of administration of therho am 3. The following shall be submitted with each application for a Mobile food facility Vending Permit and when a Vending Pen-nit is issued the vendor shall maintain the following during the pen-nit year, and shall present the Vending Permit and any of the following, upon request, to a police officer, code enforcement officer, or any other person designated by the City to enforce this Municipal Code section: Ordinance Page 5 a. A business tax certificate (license) to operate in Chula Vista*, a separate business license is required for each Mobile food facility_. b. A valid driver's license for each Mobile food facility driver. c. Proof of conunercial vehicle insurance for each Mobile food facility. d. A commissary agreement for each Mobile food facility to park clean and obtain supplies from a commissary that provides these services; except trailers. e. County of San Diego Mobile Food Facility (MFF) or Occupied Mobile Food Facility(OMFF) Permit for each Mobile food facilites f. A health permit issued by the San Diego County Dgpartment of Enviromnental Health for each Mobile food facility. g. When vending on nonresidential private property either pursuant to a special event permit or a Vending Permit a written agreement with an Authorizing Person authorizing the Vendor to operate a Mobile food facility on the property, including days and hours of operation and a site map identifying the vending location. h. When vending on private property for more than a one-hour period a written agreement with an Authorizing Person authorizing Mobile food facility employees to use toilet and handwashing facilities onsite; portable toilets and portable handwashing do not satisfy this requirement i. When vending onup blic property or City property, an agreement to indemnify and hold harmless the City, on a form provided by the City, and a certificate of insurance naming the City of Chula Vista as an additional insured in an amount and manner determined by Citat t City's sole discretion 4. A Vending Permit is non-transferrable. G. Mobile food facility regulations Vendors and Authorizing Persons are required to ensure that all Mobile food facilities comply with the following regulations: 1. Only food and beverages regulated by the California Retail Food Code shall be offered for sale or distribution. 2. Litter generated by the Mobile food facility Vendor or customers shall be picked up within a 25-foot radius of the Mobile food facility before the Mobile food facility leaves the vending location. Ordinance Page 6 3. A trash receptacle and a separate recycling receptacle shall be provided for use by employees and customers; the Vendor shall remove trash and recycling receptacles before leaving the vending site. 4. Advertising shall be limited to A-frames entirely on the premises only, or advertising on or in the Mobile food facility. 5. Lighting shall be provided during hours of darkness to ensure customer safety. Lighting shall not create glare and shall be directed downward and away from adjacent properties 6. A Mobile food facility shall be operated onlypaved level area A paved level area means an area having a surface comprised of Decomposed Granite (DG) Asphalt/Concrete (A/C) or Concrete with a cross fall not greater that 2 0erp cent 7. The Vending Permit shall be displayed in a place on the Mobile food facility visible from outside. 8. Mobile food facilities shall be entirely self-sufficient in regards to gas electricity, water and telecommunications. 9. All other applicable provisions of the Municipal Code and state and federal laws that regulate Mobile food facilities and commercial vehicle operations on public orrip vate property and all traffic,parking and motor vehicle laws shall be followed H. Mobile food facility prohibitions Vendors and Authorizing Persons are required to ensure that all Mobile food facilities, except for Mobile food facilities operating as part of a special event for which a special event permit has been issued by the City, shall comply with the following prohibitions: 1. No alcoholic beverages or tobacco products shall be served or sold 2. Music or other noise shall not exceed the limits set by the provisions of Municipal Code section 19.68, Perfonnance Standards and Noise Control 3. All associated equipment and operations shall be self-contained within Mobile food facilities. A condiment table and four belly bars of unifonn size eight chairs and one 10, x 10, pop-up canopy are allowed adjacent to the Mobile food facility. The following items which shall include, but not be limited to: detached benches-, heaters-, generators,• and exterior electrical cords; exterior hoses and tents; are prohibited. 4. An awning that does not exceed the square footage of the Mobile food facility and that is attached and fully supported by the Mobile food facility is allowed. Such awnin s shall not be tied to traffic signals light standards sign polesap rking meters newspaper racks bus stops benches, trash receptacles or other similar fixed objects. Ordinance Page 7 5. When a Mobile food facility is located within 500 feet of a residential zone operations, including set up and tear down are allowed only between 7 a m and 10 p.m. weekdays and between 8 a.m. and 10 p.m. weekends 6. A Mobile food facility shall not be parked so that it: a) restricts sight distances at driveways and intersections; or b) interferes with the free flow of pedestrian or vehicle circulation and traffic including but not limited to access to or egress from any business public building, or dwelling unit. 7. A Mobile food facility may not be operated in such a way as to occupy more than 25 percent of paved area on the property upon which it is located 8. The maximum number of Mobile food facilities pennitted on a site is determined as follows: a. One Mobile food facility may operate on the site for every 525 square feet of paved area (at least 35 feet by 15 feet in dimension) available for vending activity, except that Mobile food facilities greater than 30 feet in length require a space at least 70 feet by 15 feet. b. Mobile food facility vending activity at a privateap rking lot shall not impact on-site parking or reduce the number of parking spaces required for on-site uses while those uses are in operation. 9. Mobile food facilities shall not be located within 30 feet of an intersection when parked on a street or highway, sales shall be from the curbside only, and pedestrian or vehicular circulation on the street, sidewalk or parkway shall not be obstructed 10. No person shall stop or park a Mobile food facility on a public street within 500 feet of any school property boundary in the City of Chula Vista between the hours of 7.00 a m and 5:00 p.m. on regular school days. For purposes of this provision "school" means all public or private schools in which instruction is given through grade 12 or in any one or more of such grades. 1. Exceptions to Mobile food facility prohibitions The prohibitions in SubsectionH 3 shall not apply to a Mobile food facility operating entirely private property that is not open to the eneral public is closed to walk-up sales to the general public, and is available for sales or service only to guests customers or employees and is operating pursuant to a special event pen-nit. J. Vending Permit issuance The City Manager or designee shall approve and issue a Vending Permit if all applicable sections of this Chapter are satisfied and required fees are paid The permit is effective on the date of issuance, and is effective for one year or until the expiration of a valid business license Ordinance Page 8 whichever comes first. A permit shall not be issued for a location where an enforcement action for Code violations or unlawful activity is pending. K. Hosting Pennit issuance The City Manager or designee shall approve and issue a Hosting Permit if all applicable sections of this Chapter are satisfied and required fees are paid The permit is effective on the date of issuance, and is effective for one year or until the expiration of a valid business license whichever comes first. A permit shall not be issued for a location where an enforcement action for Code violations or unlawful activitypending_ L. Enforcement of violations; appeal of Vending Pennit denial or revocation Violation of any provision of this Chapter is subject to enforcement pursuant to the provisions of Chapter 1.20 through 1.41 of this Municipal Code For purposes of enforcement of this Section a Responsible Party, as defined in Section 1 04 010 of this Municipal Code also includes Vendors and Authorizing Persons. Denial or revocation of a Vending Pennit may appealed pursuant to Chapter 1.40 of this Municipal Code. If a Vendor or Authorized Person is cited for three violations within one year, no Vending Permit or Hosting Permit shall be granted the following year. The Vendor or Authorizing Person may ppl for permit two years after the last violation. Section II. Chapter 5.62 VENDING VEHICLES Sections: 5.62.010 Vending vehicles—License tax required. 5.62.020 Vending vehicles—Parking and stopping regulations. 5.62.030 Vending vehicles—Mobile food facilities. 5.62.010 Vending vehicles—License tax required. Every person conducting, managing or operating a business in which vending vehicles are used, from which any goods, other- ha including foodstuffs are sold, given away, displayed or offered for sale at retail, shall pay a license tax presently designated, or as may in the fixture be amended, in Section 5.62.010, of the master tax schedule in CVMC 5.07.030. The license shall identify the particular vehicle to be used and shall be kept on the vehicle, available for inspection at all times. (Ord. 2408 § 1, 1990; Ord. 2081 § 1, 1984; Ord. 1801 § 13, 1978). 5.62.020 Vending vehicles—Parking and stopping regulations. No person shall stop or park a vending vehicle on a public thoroughfare for the purpose of selling, giving away, displaying or offering for sale any merchandise, except for a period of time sufficient to consummate an immediate sale or sales. No person shall stop, park or cause any vending vehicle to remain on any public property, except pursuant to the order of a lawful authority or for the purpose of making emergency repairs to the vehicle; in no event shall any person sell or give away any merchandise from a vending vehicle while on any public property rather-than ^ ther-ought . No person shall stop, park or cause a vending vehicle to remain on any V l ll�l private property for the purpose of selling, giving away, displaying or offering for sale any Ordinance Page 9 merchandise to any person other than the owner of such property or his agents, customers or employees. (Ord. 1884 § 1, 1979). 5.62.030 Vending vehicles—Mobile food facilities. A Mobile food facility as defined in Section 19 58 440 of this Municipal Code is not a vending vehicle for purposes of this Chapter 5.62. Section III. Chapter 8.20 FOOD VENDORS* Sections: 9.20.010 heading veh eles Defiflitiells. 8.''20.020 8.20.04-005 Vending vehicles — For foodstuffs, including but not limited to frozen desserts, drinks and ice cream—License tax required. 8.20.0-21-50 Vending vehicles—Restrictions near school facilities. 8.20.015 Vending vehicles—Mobile food facilities. 8.20.030 Vending Lehieles Du Ling a t1 t' . 82100 -Vending vehiel s A e f;ge..,t' r-equife-Eh 8.20.060 t 8 20.0-7 Vending yChi-eles G1eanlifiess Fequir-Pd 1fispeetion Gel4ifieatiefi. 8.20.075 Letter-gYiues^dfef vvllutrLo ,a i , gvTi rrrGlT7: 8-20-080 VendingRegulations. 8.20090- Vending vehi-eles Ferpr ed feedRegtjjat}Eris. 9.20-095 095 Vending vehieles Mobile feed @ }en unit Regulations-. 8-20-100 Vending vehi-cles Limitations an use—. 8.20.110 8.20.020 Vending machines— Operator defined. 8.20.120 8.20.025 Vending machines—Permit required—Operator responsibilities. 8.20.130 8.20.030 Vending machines—Permit required for service vehicle. 8.20.140 8.20.035 Vending machines— Location restrictions—Approval required. 8.200 8.20.040 Vending machines— Service room required. az�0Q 2 ,60 8.20.045 Vending machines—Cleaning and sanitizing generally. � 8.2 0 8.20.050 Vending machines—Outside and other equipment to be cleaned. 8.20., 80 8,20.055 Vending machines — For cold carbonated beverages — Cleaning requirements. 8.20.p90 8.20.060 Vending machines — For mills products — Cleaning and sanitizing requirements. 8.20.200 8.20.065 Vending machines—Refilling regulations. * For authority for cities to license businesses for purposes of revenue and regulation, see Gov. Code § 37101; for statutory provisions authorizing cities to enforce state laws on food handling sanitation, see Health and Safety Code § 28690. Vending vehielers--Definl-tions Whenever-i1i this ehapter-the following terms are used, they shall have the meanings Fespee4v4y aser-i1, ,l t them in this t' Ordinance Page 10 A. "Pr-epar-ed feed vending vehiele" means a feed vending vehiele 48M WhiGh any fOOEI OF bevefage pfoduet is sold, given aWay, displayed or- offered for- sale, at retail, Other- than aR trek. B. "Unpfepar-ed food vending vehiele" means a food vending vehiele i is s 4 Ne 40m �Ah eh , sale,away, disPlaYed Of effefed for- at retail, any r-aw of-+mpfefhwd food of food pfoduet ineluding, but not lifnited > ffuits, , a fish, poultfy oF seafeed. G. "Mobile food Pr-epafation unit" means any vehiele of poi4able food ser-viee unit upon whieh food is pfepar-ed for- ser-viee, sale, or- distr-ibution at retail. A mobile food preparation unit shall be- ,a a a vending t, t � purposes f this t, , D. A vending vehiele may have mor-e than one designation pur-stiant to this seetion. A vehiele zi 8 x.020 8.20.0054-0 Vending vehicles - For foodstuffs, including but not limited to frozen desserts, drinks and ice cream-License tax required. Every person conducting, managing or operating a business in which carts, wagons or vending vehicles for foodstuffs, including ice cream, are used shall pay a tax as presently designated, or as may in the future be amended, in Section 8.20.020 of the master tax schedule in CVMC 5.07.030. The license shall identify the particular vehicle to be used and shall be kept on the vehicle, available for inspection at all times. (Ord. 2408 § 1, 1990; Ord. 2081 § 1, 1984; prior code § 18.57). 8.20.0-21-50 Vending vehicles-Restrictions near school facilities. A. No person shall stop or park a food vending vehicle on a public street within 500 feet of any school property boundary in the city of Chula Vista between the hours of 7:00 a.m. and 5:00 p.m. on regular school days. B. "School"means all public or private schools in which instruction is given through grade 12 or in any one or more of such grades. (Ord. 2729 § 1, 1998; Ord. 2122, 1985). 8.20.015 Vending vehicles-Mobile food facilities A Mobile food facility, as defined in Section 19 58 440 of this Municipal Code is nota vending vehicle for purposes of this Chapter 8.20. Q 20 030 Vendi.,n,gvehieles-- Par-k�=�grd stem ens. Share Ordinance Page 11 agents,displaying or- offering fef: sale any food or- bever-age pfoEluet to any per-son other- than the owner- of stich pr-opefty or-his eustemer-s of , ; 9.20.040 Vending vehieles Complianee with eer-tain regulations r-equifeEl. Shafe Food vending vehieles shall eempiy with all pr-ovisiens of this eode and other- or-Elinanees of the vehieles and the epeati9n thei:e-of, (fd. 855 § ''�63;pr-ior-eede § 15.62+. oz,ncrv5c Vending ve 1-ieles Reffiger-ation r-equir-e-El. Share No per-son shall operate, or- eatise to be opeFateEl, a food vending vehiele tifliess it is fumished RefFiger-ation eenipaftments shall be kept > shall be eonstfueted of tile, vending meta! of otheappr-oved material, and shall have no seams of or-aeks. Food stoFage containers shall have no The exter4of of eaeh vending vehiele shall display, in lettering at least thfee inelies in height, the name, addr-ess and telephone- numbef of the owner, A distinetive identifying nuFnbeF-oF-symboj assigned by the Elepaftment of publie health shall be Elisplayed on the windshield of eaek > > a 8.20-070 Vending vehieles -Cleanliness Feqtiife—d inspeetien Ceftifieation. Share The inlefior- and the exter4of of eyer-y food vending vehiele and all equipment ther-ein shall have smooth, washable suffaees and shall be maintained in good r-epaif and in a sanitar-y mannef. Eaeh vending vehiele shall be inspeeted at least seini aninially by the health of-fieer, Vending shall be leaded and r-eady for- operation at the time of inspection. A ee+tifieate of inspeetion, valid for- six months, shall be issued to vending vehieles eenfoFining to the r-equir-effiefits- Of this , The eeftifieate of inspeetien shall speeify the feed pr-oducts which may be sold. (OF-d. 954 § , 1965; Or—d. 855 s �, .�� Yrs^ „ao § 15.65). � 1963•, g.7n.neocc des for-yenElingyehieles. Share- A. Code of Regulator-y Or-dinanees eaneeming peiinatient and mobile food f4eilities, at Title 6-, Division 1 of the County Code, are- moorpor-ated into this eoEle by r-efer-enee and shall also be- L , GNAK; Q1n ..t,p,�.., e�9-�r�e��i�v€�-E��Acrcrn-r�El--�ir��c2vn-:vn-rte B. Fee. All persons and businesses r-equifeEl to obtain a health related pet:mit or- 1:elated sefviee ffom the GoHnty of San Die-go Depaftment of Envif onfnental Health (DEH) pur-suant to this oode shall pay the eounty the fee established in the County Cede for- that peftnit or- sel:viee, ineludifig delinquent payment fees. (Qr-E. 3243 §1, 012). 8.20-080 t ed ,,g vehieles —Fof uiPrepar:ed feed Regulations. Share Ne per-sen shall opeFate ef eause to be ope-fated an unpr-epafe-El feed vending vehiele without vvaxxNiy iixg vrxxrx , Ordinance Page 12 A. All tools, implements and r-e-eeptaeles shall be kept in a oloan and sanitar-5, . B. Suff4eient fly tight eontainor-s, of metal of some other- appr-oved substanee, shall be pFevided faf the disposal of tr-immings and r-eftise- and shall be emptied and washed daily. G. No f4sh, poultry or- othef animal shall be ole-aned in a food vending ve-hiele, nor- shall the entrails of any fish, poultfy or- other- animal be thetv r-emoved. No fish, potlitf:y, meat or- fn pr-oduets shall be- eut,pfooessed or- other-wise-prepared in a food vending . D. Seales and other- weighing Eleviees shall be Pr-oteeted ffem dust, dir-t, flies and other- ve-fmin and eontaminants. E. Eve-F5, unpr-epar-ed food vending vehiele shall be inspeeted at least semi aptatially on dates vehiele shall be fully loaded a*(4 r-eady for- opefation at the time- of sueh inspoetion. The health its issue, and shall speeify the paFtiettlar food and beverage pr-oEk-lets atithofized to be sold Of n+vendwise-distr-Ybtttet 4om the rieI .(ord. 855 § 2, 1963; prrvrc0de-§ 5.66). 8.20.090 Vending ve-hi-eles— Fer-prepared food RegxlaliensShare No person shall opefate- or- eause to be oper-ated a pr-epar-od food vefidifig Vehicle With0ttt enmtnl54ng with 11 f'+1 e following i . + ._�.. �orrv�vzzrg,�-ccicrrrv�zcnrs: A. Ever-y owner- or- opefator- of vendiiig vehieles shall have a soFviee Foom or- other- sanitaf b vehieles. Only food pfepar-e-(4 in the se-fN,fee r-oom or- other-appr-oved loeation shall be- sold ftom a food handling establishments. vehiele unless the equipment used to prepare- suoh food is appr-oved by the Elir-eeter- of publie hem G. Exeept as pr-ovided in subseetion (D) of this seetion, no perishable food shall be sold fFetm a vending:ei.. ., more than—L-f-rivctis-after-preparation. D. if the dife-etor- of publie health oe-i4ifies that an owner- of operator- of vanding whieies eopAinuousb, maintains all perishable food intonded for- sale f+em a vendifig vehiole at tempeFatufe of not more than 50 b . E All perishable food shall show the ll.,+ f +' Ordinance Page 13 F. Vending vehieles shall dispense only sifigie ser-N,jee disposable eups,plates, fofjEs and spoon 8.20.095 Vending ve-hieles Mobile food pfepafation unit Reguiations. Shafe No PeFson shall epeff-atea of Cause to be ope-fated a mobile feed pfepafation unit witho+4 Goffl-plying with all of the pr-ovisions of Health and Safety GoEle Seet on 27790, &t-� Aftiele 10 (eemmeneing with Seetion 13600) of Title 17 of the CajifeFIR-4-1- code. Said x1,.,11 L J, ,;tl, the following . ddit;..na operation N A. Me-ehanieally r-e-fFigefated display eases shall be- pfovided for- all perishable foods on disp! ava suiv 11a suitL.mobile foodpr-epafation unit. wor-k per-fetmed. if exeessive heat of humidity is ofeated, the owner- of opefa4er- of the mobile- feed preparation unit shall make all feasible means to feduce such exeessive he-at er- humidity to b` e Y`•"•• •::b reasonable vvrirrvr, G. Mobile food pfopar-ation units shall be equipped with adeVate seats with baek.-ests fef all employees to be tr-anspefted in stieh units. Said seats shall be pfopefly Seetff-A — plaee-. Seats shall be not less than 15 inehes of mofe than 19 inehes abe �e the floor-, , and at least 18 inehes wide. The- baekirests shall extend to a height of at least 36 inehes above the Aeon All pe-fsons being transpefted in a mobile feed pr-epafation unit shall be- seated in said seats 1,.1„le the , „;t ; in ,.t;,.,. D. Eaeh mobile food pfe-pafatien unit shall be equipped with a fully ehar-ged fife extinguisher- in tetf-uetec ; its e r.,t;. 1 1J Ll LLV Ll�ll n7 E. All Gutting tools of tools with sharp edges eaffied in a mobile food prepafation unit shall be plaeed in eovefed boxes of eantainefs while the unit is in motion, and all other-tools an4-eeeki*g equipment shall be seetifed to the body of the vehieie whijo the unit is it, Motion. Tools witIl eut4ing edges pfoteeted by seabbafds of similaf guards shall be eensidefed as being in eentainefs. F. Affi altemative mea-fis of exit, otheF than the main exit cloof, shall be pfeViEled i-H the eXtefief, be at least 24 inehes by 24 ine-hes. The altemate me-ans of exit shall have- an intefief latehin me-ehanism which shall be opefated by hand without speeial tools of key. Stleh exit shall be labeled"Safety Exit” in eentfasti with i b LS Vone 1 i t+ t least 1 1 1 J G. All leads ear-fied in a mobile feed pr-epaFatien unit shall be- seetifed against clanger-ous ethef, e be unstable. V LSS H. No eeeking ef food pr-epafatien shall be done- while the mobile feed pfe-par-atien unit is in 1t lir Ordinance Page 14 1. A headquai4er-s shall be established for- all mobile feed preparation tinits, and said units shall. be .,«,,.....N... .,.....h huujuu.4...s vv uc.ii not iri use. j. The storage area shall be equipped with an eleetr4eal outlet to pr-Ewide au�Eiliai:y powef fef r-efFigefation units on eaeh Lilo preparationuftit-. pavingK. The headquatzter-s par-kiiig area for-mobile food preparation units shall be paved with a fnater-ial sueh as eenefete or- asphalt. The sur-faee of the paving shall slope to a dr-ain and shall not pond waten Said stif:faee shall be kept in good repair-. The storage afea shall e0litain a liquid waste dump station, and thef:e shall be installed a eoner-ete api:on surfounding the waste r-eeeptef for 'a Elistanee f 10 feet in h h „t.,1 d + to + uvii civic ' , slopingh a , 6 Waste water-shall not be permitted to flow into the stfeet ffom the headquaAer-'s par-king area. illumination when fneastir-ed 30 ; ehos above the pavement. operating0. Mobile food preparation units whieh do not pr-eper-ly eentfol food temper-attir-e, whiek lae Funning water-, whiek have a Elefeetive liquid waste colleetion tank of whiek ethef:wise are unabje to operate in a sanitar-5, manfler- so as to pose an inmnediate danger- to the publie health fRay be r-emoved ffom oper-ation by or-def of the health offieer-E)r-his designated representative—. P. The health offieef shall be gr-anted aeoess to inspeet mobile food pr-epar-a4i8fi Uflits ElUfifig hours and at the , , afid t. 1985). , p 20 1 0 NTom.,,, Food vending vehieles shall be used fer- no ptffpose ethef than these FIFFfl-itled by this a , unless the health offieer- has appfaved in b - ather- proposed use of sueh; ',.�Ele. (Q-d. 855 § 2, 1963; prror- code § 15.68). 8.20.0208 Vending machines—Operator defined. "Operator"means the person who furnishes,installs and services the vending machine. (Ord. 855 § 2, 1963; prior code § 15.71). 8.20. 9025 Vending machines—Permit required—Operator responsibilities. Share No operator shall maintain, conduct, manage or operate any vending machine unless a permit for such machine has been issued by the health officer and unless such permit is valid and unexpired. The applicant for a permit shall designate in writing the products to be vended, and permits shall be valid only for those products listed on the permit. Unless it appears to the health officer that the vending machine will at all times be maintained in a clean and sanitary condition, and that all products of the machine will reach the consumer in a clean and wholesome condition, he shall deny the application for the permit. If the permit is granted, the operator shall Ordinance Page 15 be responsible for the proper operation and maintenance of the vending machine and for complying with the requirements of this division and of state laws and regulations in connection therewith. The name and address of the operator shall be posted conspicuously on the vending machine. (Ord. 855 § 2, 1963; prior code § 15.70). 8.20.4-030 Vending machines—Permit required for service vehicle. ShaFa No operator shall use a vehicle to service vending machines, or allow such use, unless the health officer has issued a pennit for such vehicle. (Ord. 855 § 2, 1963;prior code § 15.72). 8.20.440-035 Vending machines—Location restrictions—Approval required. Share The operator shall furnish the health officer with the location of any vending machine installed, sufficiently soon so that within 72 hours subsequent to such installation the health officer may inspect the vending machine and the location. If the location of the machine is not approved by the health officer, the vending machine shall be removed immediately and not operated until the location thereof is rendered acceptable. Each vending machine shall be located so that sanitary facilities, fixtures and receptacles for emptying waste containers and for performing required sanitation are readily accessible. The area around the vending machine shall be maintained clean and free of accumulated paper cups and wrappers, spillage, and other waste material and trash. Approved trash receptacles shall be provided by the machine operator, proximate to vending machines, whenever required by the health officer. (Ord. 855 § 2, 1963;prior code § 15.73). 8.20. 0 040 Vending machines—Service room required. Shafe All operators shall establish within the city a service room or rooms, which shall be used only for cleaning, storing and maintaining vending machines, supplies and sanitized parts. All cleaning and sanitizing of vending machine parts which come in contact with food, food products or liquids dispensed by a vending machine shall be done in the service room previously approved by the health officer. The service room shall meet all the requirements of this title relative to food handling establishments. (Ord. 855 § 2, 1963; prior code § 15.74). 8.20.4-60 045 Vending machines—Cleaning and sanitizing generally. Share Vending machines dispensing liquids shall be cleaned not less frequently than three times each week, and machines dispensing unwrapped nonliquid food products shall be cleaned not less frequently than once each month, except as hereinafter noted in the manner set forth in CVMC 8.20.170 through 8.20.200. (Ord. 855 § 2, 1963; prior code § 15.75). 8.20. 0 050 Vending machines—Outside and other equipment to be cleaned. Share The following general regulations apply to all vending machines. The operator shall clean the outside of the machine, and any vending stage, door, chute, drip plate and waste can. Used cup and trash containers shall be emptied and cleaned. Parts shall be wiped with a cleaned moist cloth which has been dipped in a solution containing not less than 200 parts of active chlorine per million parts, or in some such other approved sanitizing agent or material. (Ord. 855 § 2, 1963;prior code § 16.76(A)). 8.20.4-80-055 Vending machines — For cold carbonated beverages — Cleaning requirements. Ordinance Page 16 In addition to the servicing required by the general regulations, machines dispensing cold carbonated beverages shall be serviced as follows: Not less frequently than once every 60 days, all contact parts of the machine shall be cleaned by removing, washing and disinfecting all tanks, valves, faucets, pipe lines and water filters. Interior water filter and conditioning elements shall be taken to the service room for servicing; properly sanitized replacements may be transported under sanitary conditions from the service room and installed while the other water filter and conditioning elements are being serviced. Water filters and water conditioning devices shall be of a type which permits periodic cleaning and replacement. (Ord. 855 § 2, 1963; prior code § 15.75(B)). 8.20.4-90 060 Vending machines — For milk products — Cleaning and sanitizing requirements. Share- In addition to the servicing required by the general regulations, machines dispensing milk and milk products shall be serviced as follows: Fluid milk or cream shall be removed from the machine and discarded daily, and fresh products added. Canned evaporated milk may be dispensed for 72 hours before discarding; provided, that throughout this period the temperature of such milk is maintained at not more than 50 degrees Fahrenheit. All parts and appurtenances of vending machines that come in contact with fluid milk or mills products shall be removed daily and cleaned and sanitized. Vending machines that dispense nonliquid milk or nonliquid cream products shall be sanitized not less frequently than three times each week. (Ord. 855 § 2, 1963; prior code § 15.75(C)). 8.20.2-00 065 Vending machines—Refilling regulations. Share Vending machines, in locations for which the health officer has not issued a food handling establishment permit, shall be refilled only by substituting for the empty container one which was cleaned, sanitized and filled in the service room. The emptied container shall be transported to the service room for cleaning and sanitizing. (Ord. 855 § 2, 1963; prior code § 15.75(D)). Section IV. Chapter 10.52 STOPPING, STANDING AND PARKING* 10.52.200 Peddlers and vendors—Parking permitted when—Time limit. Except as otherwise provided in this chapter, no person shall staled or park any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion of any street within this city, except that such vehicles, wagons or pushcarts may stand or park only at the request of a bona fide purchaser for a period of time not to exceed 10 minutes at any one place. The provisions of this section shall not apply to persons delivering such articles upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution, or a mobile food facility as defined in Section 19.58.440 of this Municipal Code. (Ord. 973 § 1, 1966; prior code § 19.10.15(A)). Section V. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent Ordinance Page 17 jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid,unenforceable or unconstitutional. Section VI. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section VIL Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section VIII. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by: Approved as to form by: Kelly Broughton,FSLA Glen R. Googins Development Services Director City Attorney ww C11Y OF CHULA VISTA INDEMNIFICATION AGREEMENT THIS AGREEMENT is made and entered into this day of , 20 , (Effective Date) among the City of Chula Vista, a charter municipal corporation of the State of California(City), and (Vendor)(Host). I. HOLD HARMLESS, INDEMNITY AND DEFENSE Vendor/Host, for performing Food Truck Services (Services) within the City, does hereby agree to protect, defend, indemnify and hold hanmless City, its elected and appointed officers, agents, employees and volunteers (collectively, "Indenulified Parties"), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys' fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any mamler arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Vendor/Host, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Services or this agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Vendor/Host, its employees, agents or officers, or any third party. II. COSTS OF DEFENSE AND AWARD Vendor/Host acknowledges and agrees that it is Vendor's/Host's obligation to defend, at Vendor's/Host's own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Vendor/Host further acknowledges and agrees that Vendor/Host shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. III.VENDOR OBLIGATIONS NOT LIMITED OR MODIFIED Vendor/Host acknowledges and agrees that Vendor/Host shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by Vendor/Host. Vendo/Host r further acknowledges and agrees that Vendor/Host shall in no way limit, modify or excuse any of Vendor's/Host's other obligations or duties under this agreement. Page I of 2 Attachment IV.ENFORCEMENT COSTS Vendor/Host acknowledges and agrees to pay any and all costs City incurs in enforcing Vendor's/Host's obligations hereunder. V. SURVIVAL Vendor/Host acknowledges and agrees that Vendor's/Host's obligations hereunder shall survive any termination of this agreement. IN WITNESS WHEREOF, by executing this agreement where indicated below, City and Vendor/Host, for valuable consideration, agree that they have read and understood all terms and conditions of the agreement, that they fully agree and consent to be bound by the same, and that they are freely entering into this agreement as of the Effective Date. VENDOR/HOST CITY OF CHULA VISTA By: By: Signature [Insert City Signatory] Approved as to Form Print Signatory Name By: Print Signatory Title Glen R. Googins, City Attorney Print Signatory Telephone Number Print Signatory Email Address Print Signatory Address Page 2 of 2 CITY CHURvis-rA Plannin2 Commission Minutes REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA November 8, 2017 Council Chambers 6:00 p.m. 276 Fourth Avenue, Chula Vista, CA CALL TO ORDER MEMBERS PRESENT: Commissioners Anaya, Burroughs, Milburn, Nava (in at 6:03 after roll call), Zaker and Chair Gutierrez MEMBERS ABSENT: Commissioner Calvo OTHERS PRESENT: Twenty-two members of the public which included members of the businesses and food truck own ers/representatives MOTION TO EXCUSE Motion by Anaya; Seconded by Zaker Vote: 6-0-0 PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE—led by Commissioner Nava OPENING STATEMENT: Chair Gutierrez 1 Approval of Minutes October 25, 2017 Motion by Zaker; Seconded by Nava Vote: 5-0-1 (Anaya abstained) PUBLIC COMMENTS Persons speaking during Public Comments may address the Board/Commission on any subject matter within the Board/Commission's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Board/Commission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Board/Commission may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following item(s)have been advertised as public hearing(s)as required bylaw. If you would like to speak on any item, please fill out a "Request to Speak"form and submit it to the Secretary prior to the meeting. Attachment 4 Planning Commission Minutes November 8,2017 Page 12 2 PUBLIC HEARING: Consideration of amendments to the Chula Vista Municipal Code (CVMC) to amend Section 19.58.022 (Accessory Second Dwelling Units (ASDUs) and other accessory use code sections to comply with State law. Project Manager: Michael Walker, Sr. Planner Staff Recommendation: That the Planning Commission recommend to the City Council adoption of the proposed CVMC amendments. Senior Planner Michael Walker gave a brief presentation on the change of the State's establishment of the ASD and JASD unit requirements in January of 2017 to address the affordable housing demands. When this happened, the City's regulations became null and void. Tonight, staff is bringing forth amendments to the CVMC in order to comply with State law. Michael presented the main provisions - some of which were: • No minimum lot size requirement • Maximum ADU size limited to 1200 sq ft — not to exceed 50% of the gross floor area or whichever is less. • On-site parking not required if located within % mile of public transportation • Requirements for units constructed above a detatched garage • Owner-occupancy will be required • JADU's located within the existing dwelling (converted bedroom) not to exceed 500 sq ft. • Replacement parking in-kind to be required when a garage for the primary dwelling is converted • Address of"residential uses" —definitions for explicit zones Questions to staff from Commissioners included: • Parking requirements and clarifications • How will these units be regulated as additions to properties and coordinating architecture etc. • How will inspections be done - building vs planning PUBLIC HEARING OPENED • William Best spoke to clarify what he saw as discrepancies between the proposed ordinance and current State law. • Peter Watry, representing Crossroads II, spoke in support of the ordinance although they are not happy with the parking arrangements. PUBLIC HEARING CLOSED Planning Commission Minutes November 8,2017 P a g e 1 3 COMMISSIONER DELIBERATIONS Concerns included: • In view of Mr. Best's concerns—has legal reviewed/vetted? Atty Shirey: Yes— have made several changes to it, but concerns are valid. Staff has chosen to move forward and legal has determined it to be acceptable. However, it could be revisited. • Question on Page 14, B1—50% of floor/wall needs to be attached —was that deleted? It is no longer a requirement ACTION: Motion to approve by Gutierrez Second by Zaker Motion rescinded by Gutierrez in order for further discussion Anaya: Understands why we need the ordinance, but is fearful that if it goes to Council the way it is, they will have some of the same questions. Would like to see staff "shore-up" the ordinance. Zaker: Do we know what other jurisdictions have passed? Walker: San Diego has no parking requirements; some jurisdictions are still in the process of passing something; goal is to comply with State, but keep local control. Anaya: Do we have a timetable and does this need to be passed tonight? Walker: No set time, but the City does not now have an Ordinance for ADU's. Milburn: How can we enact something that is different from State guidelines? Walker: In reading the State code, it does not prohibit the non-abatement of garages. We do understand that the intent is to not create burdensome regulations to prevent the opportunity to move forward with a unit. Gutierrez Commented on the fact that the City does not currently have an Ordinance and although there maybe some issues regarding its defensibility, and it has been approved by staff as being adequate. Even though we may need to revisit this for clarification, we do not currently have anything on the books. He further spoke on the pros and cons of passing the matter tonight. There was additional discussion by Commission and staff regarding State jurisdiction and compliance and the differences in State requirements and this ordinance. ACTION: Motion by Zaker to approve the item. No second — motion failed Discussion continued on working out the discrepancies from the State law and local control. If the City doesn't have an Ordinance, State law will prevail. In order to give the residents the right elements for their use, we have to make sure it is defensible. Planning Commission Minutes November 8,2017 P a g e 14 Options for action tonight were presented by Attorney Shirey and the Commission decided to move forward by approving this item with additional language regarding parking. New language for the Ordinance as provided by Attorney Shirey: Notwithstanding CVMC 19.62.190, if the accessory dwelling unit involves the conversion of an existing garage used by the primary residence, replacement parking as shall be provided prior to, or concurrently with, the conversion of the garage into the accessory dwelling unit. The replacement parking may be located in a configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces uncovered spaces tandem spaces, or by the use of mechanical automobile parking lifts. If the existing driveway is no longer necessary for the access to the converted garage or other required parking said driveway may be used to satisfy the required parking for the accessory dwelling unit when not exempt from CVMC 19.58.022(C)(7). ACTION: Anaya made a motion that staff work with City Attorney's office to shore-up the items discussed, read the new language for the Ordinance regarding garages and approve the item tonight. Seconded by Chair Gutierrez as amended by the City Attorney Vote: 6-0-0-1 (Calvo absent) 3 PUBLIC HEARING: Consideration of amendments to the Chula Vista Municipal Code (CVMC) to add a new Section 19.58.440, Mobile Food Facilities, and amending associated Chapters 8.20 (Food Vendors) and 5.62 (Vending Vehicles). Project Manager: Michael Walker, Sr. Planner Staff Recommendation: That the Planning Commission recommend to the City Council adoption of the proposed CVMC amendments. Michael Walker, Senior Planner, gave a brief presentation as to why this item is being brought forth. He advised the Commission that the City has experienced a surge of mobile food facilities that operate on public and private property, and recognizes that these facilities provide diverse dining options for the general public, and an opportunity for entrepreneurs to operate small businesses. Staff identified the need for a new mobile food facility ordinance as there currently are no land use regulations for these facilities. The proposed ordinance considers food trucks, trailers and pop-ups as mobile food facilities. Planning Commission Minutes movember8,0z7 page | E The item for consideration is to amend the Chula Vista Municipal Code by adding anew mobile food facility ordinance tnChapter 19.58 (Uses), specifically Section 19.58.440, and amending Chapters D.2O, 5.62, and 10.52regarding food vending, vending vehicles, and parking limits respectively. The proposed ordinance will address the use of these facilities On public and private property, and establish a permit process - as reasonable [eOu|8ti0DS are necessary to ensure that mobile food facilities operate in accordance with health, safety and traffic laws Ofthe state and the City's parking requirements. in addition, that they 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 ofresidential neighborhoods. In addition, mobile food facilities that vend in the public right-of-way are governed by the California Vehicle [nd2 that regulates the time, place, and manner to protect public health and safety. His presentation included discussion on 1. Main provisions Ofthe new ordinance 2. Amendments to the current code 3. Permitting process 4. Enforcement 5. Public Outreach QUESTIONS TO STAFF Q. No current requirements for food trucks A. County of San Diego requires health permits—Chula Vista has no zoning regulations Q. Can staff clarify the 15O-foOtrequirement A. It was requested at the workshop—City currently has no distance requirement Q. Please explain the difference in the amended ordinance in relation tOfurniture A. Atthe workshop, )twas proposed toadd far more furniture options. The differences iO what was wanted and what we are suggesting are shown in the two ordinances. Michael Walker read the staff recommended ordinance language and then the alternative language. Q. Is the requirement on the second one for the public right of way—clarification of canopy limitations. A. The intent isfor this to apply to private property orpublic property in the form of parks and those kinds Ofthings, they would beallowed tOhave those amenities. The question of this item is how much the Commission feels is appropriate. There was extensive discussion On this item which included topics such as: * Parking ~ Canopies Planning Commission Minutes November 8,2017 P a g e 16 • Permits • Minimum standards • Primary use of space definition • Minimum operating space requirements Principal Planner Scott Donaghe and Michael Walker addressed most of the concerns and advised the Commission that the Ordinance is modeled after the City of San Diego Ordinance. The difference in the Ordinances are the accessories permitted i.e. tables, chairs, belly bars, and canopies. PUBLIC HEARING OPENED Speakers included: Adam Sparks—Mangia Italiano—opposed Ryan Hermosillo— EI Comal Joseph Raso— La Bella Pizza Anthony Raso - La Bella Pizza (to be corrected in Final minutes to Bar Sin Nombre) Tim Parker—Chula Vista Brewery Stephen Stenberg—Third Avenue Alehouse Marco Polo Cortes—Coalition of Mobile Food Trucks Chula Vista —supports Herman (?) Castillo—California Sushi —opposed Antonio Lei (sp) —Corazon de Torta Food Truck—support PUBLIC HEARING CLOSED COMMISSIONER DELIBERATIONS - condensed Anaya Not sure which way to vote — before he can vote, he thinks we need a balance. Need business to work together. How much did we pattern our ordinance after City of San Diego? Think they may have had some prohibitions regarding where the food trucks could be. He thinks the City of San Diego explored the options and found a balance. Zaker Absolutely excited with the entrepreneurship in Chula Vista. He wants to honor the long timers, but support the growth of Chula Vista. Currently cannot support any decision tonight but would recommend that everyone gets together in a "non-formal" setting and perhaps can find a solution. Planning Commission Minutes November 8,2017 P a g e 1 7 Milburn: Can staff clarify: "payment being made through a primary business"? (Only through private catering events). Also, limitation of power strips (addressed not allowing electrical cords from a truck to a building) He has seen a tremendous change in Third Avenue and thinks this is a growing pain. Gutierrez He's been watching the changes in Chula Vista and the progress. Businesses prosper due to change and higher density, new breweries coming in which make people utilize Third Avenue more. This ordinance will be a fine balancing act to include the entire area and understands the ordinance was inspired by City of San Diego food truck regulations. Can staff explain differences? Donaghe: Michael was the primary person that drafted this, but we always look at other jurisdictions to see what they've done. Wants to reiterate that this is not just about Third Avenue, but about Chula Vista. This started nearly 3 years ago because of the food trucks on Main Street. He would like to hear the specific concerns because he has heard some that are not addressed by the ordinance. Anaya: Please walk us through the Public Outreach done for the entire City of Chula Vista. Walker: There was a draft Ordinance to Development Services Oversight Committee. As far back as 2014 have worked with TAVA, the Food Truck Association and more recently the Restaurant Association. Originally discovered that the TAVA stakeholders had some concerns, so the City decided to hold a workshop. The timing was off, we did provide an opportunity and other than the two items brought up, there was no substantial information that would enhance or inhibit the ordinance —those being the 150' requirement and consideration of a 2-year review. Anaya: Commissioner Anaya is involved in public outreach by profession and although there was a workshop the day before this meeting, thinks more public outreach and/or education needs to be done as a consequence of having a late workshop. Thinks we need to focus on more than just Third Avenue to include a broader group of people. Would like to see it tabled and brought back in 30-60 days. Zaker: Doesn't think we can figure out the appropriate action tonight. He thinks additional dialogue is needed to encompass a city-wide ordinance, but specifically look at the needs of Third Avenue and factor that into the conversation. Perhaps there could be some specific conditions that could be granted to Third Avenue. He would support Anaya's recommendation. Gutierrez Thinks group (restaurateurs, breweries, food truck owners) need to have a dialogue. There is going to be change happening and it can get uncomfortable, but communication between groups so that they can come together is needed. Planning Commission Minutes November 8,2017 Page 18 Milburn: Questioned the 150' limitation from E to south of G Street. Walker: Didn't look at the impacts as the ordinance does not provide for that distance regulation. Milburn: Understands the concerns of the restaurants for a large number of food trucks on Third Avenue and hopes there is a way to strike a happy medium. Would like to see some partnerships to get some synergy going. Attorney Shirey stated that if it was the consensus of the Commission to table the item and bring it back at a later date, no motion or vote was needed. Donaghe: Will do some additional outreach, but wanted the Commission to know that what was presented was an industry standard. Anaya: Have to look behind the umbrella of TAVA and look for the community to work together. Perhaps we need to educate what is in the ordinance and maybe "tweak" it a bit. ACTION: There was no action and the item was tabled to a date to be announced, but after some additional conversation/outreach—and also within the community. OTHER BUSINESS 4 DIRECTOR'S COMMENTS There were none 5 COMMISSIONERS'/BOARD MEMBERS' COMMENTS There were none ADJOURNMENT to the regular meeting on December 13, 2017, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue in Chula Vista, California. Moes submitted by: Patricia Laughlin, Board Sec r< tart' Minutes with corrections approved January 10, 2018 MSC: Milburn/Nava Motion passed: 4-0-0-3 (Anaya Calvo, Zaker absent)