HomeMy WebLinkAboutMPA17-0009 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 manner 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
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 fiirther 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 ainendinents 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.
Prer-ii d by: Approved as to form by:
Kel ro n, FSLA Glen ,..`, gins
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: Burroughs, Calvo, Milburn,Nava, Zaker
NOES: n/a
ABSENT: Anaya, Gutierrez
ABSTAIN: n/a
Gabe Gu i rre hair
ATTEST:
Patricia Laughlin, Secretary