HomeMy WebLinkAbout12/3/2014 - STAFF REPORTS - 3.A. �04Pp`M sp9
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Cq<l FORN,P CITY COUNCIL STAFF REPORT
DATE: December 3, 2014 LEGISLATIVE
SUBJECT: ADOPTION OF AN INTERIM URGENCY ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, PROHIBITING VENDING FROM
MOBILE FOOD VEHICLES IN THE CITY, SUBJECT TO CERTAIN
EXCEPTIONS, UNTIL DECEMBER 31, 2015 (4/5ths Vote Required)
FROM: David H. Ready, City Manager
BY: Community & Economic Development Department
SUMMARY
The Interim Urgency Ordinance was adopted on March 19, 2014, and extended on
September 3, 2014, to expire on December 4, 2014. Staff proposes an additional
extension, until December 31, 2015, during which time it will work with its stakeholder
group and review food truck ordinances from other cities in California to develop the
City's final mobile food vendor ordinance.
RECOMMENDATION:
1. Waive the reading of the full text of the ordinance and adopt "AN INTERIM
URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PROHIBITING VENDING FROM MOBILE FOOD VEHICLES IN THE CITY,
SUBJECT TO CERTAIN EXCEPTIONS, UNTIL DECEMBER 31, 2015, (4/5ths
Vote Required)."
Background
Effective April 8, 2014, the County of Riverside amended its Health Department rules to
allow Mobile Food Vendors (food trucks) to operate in the county outside the very
narrow limitations that had previously been in place, such as mobile food vendors only
being able to operate at special events, or as pre-packaged food vendors, or as
caterers. The County's rule change only applied to the Health Department aspects of
ITEM NO.3_
Interim Urgency Mobile Food Vendor Ordinance
December 3, 2014
Page 2
the operation, and they left it up to cities in Riverside County to develop their own rules
with regards to land use and operation.
It is anticipated that the City could experience a large influx of County-permitted
mobile food vehicles that could commence operation on virtually any street in the
City to the potential endangerment of motorists, pedestrians, and bicyclists, and the
creation of visual blight and potential economic hardship on permanent food and
9 P p
beverage establishments in the City.
On March 18, 2014 the City Council adopted a moratorium for a six month period to
allow the development of an ordinance that would address a number of the issues
regarding food trucks. The ordinance was extended on September 3, 2014, to expire
on December 4, 2014.
This Ordinance will impose an interim, temporary prohibition on the operation of
these vehicles within the City, subject to certain exceptions, for an additional year to
allow the City sufficient time to consider and adopt appropriate and necessary time,
place, and manner restrictions for mobile food vehicles in the City.
Pursuant to the provisions of the California Environmental Quality Act and the state
CEQA guidelines, the City has determined that this ordinance is exempt from CEQA
under section 15061(b)(3) of Title 14 of the California Administrative Code of
Regulations.
iqfin S. Vaymo d, Director of David H. Ready, City ger
q77Aity conomic Development
Attachment: AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, PROHIBITING VENDING FROM MOBILE
FOOD VEHICLES IN THE CITY, SUBJECT TO CERTAIN
EXCEPTIONS, UNTIL DECEMBER 31, 2015
02
ORDINANCE NO.
AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, PROHIBITING VENDING FROM
MOBILE FOOD VEHICLES IN THE CITY, SUBJECT TO CERTAIN
EXCEPTIONS UNTIL DECEMBER 31 , 2015. (4/5ths Vote
Required)
City Attorney Summary
The City does not have a regulatory program for mobile food vehicles
in the City. Riverside County's restrictive health regulation of mobile
food vehicles substantially ameliorated the need for the City to adopt
a separate regulatory program. The County's recently adopted
regulations that allow mobile food vehicles to prepare food in the
vehicle will become effective on April 8, 2014. It is anticipated that
the City will experience a large influx of County permitted mobile food
vehicles that could commence operation on virtually any street in the
City to the potential endangerment of motorists, pedestrians, and
bicyclists, and the creation of visual blight and potential economic
hardship on permanent food and beverage establishments in the City.
This Ordinance will impose an interim, temporary prohibition on the
operation of these vehicles within the City, subject to certain
exceptions, for six months to allow the City sufficient time to consider
and adopt appropriate and necessary time, place, and manner
restrictions for mobile food vehicles in the City.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS:
A. The City is responsible for providing appropriate and necessary time, place,
and manner restrictions on commercial activities in the City.
B. The County of Riverside has recently adopted a less restrictive mobile food
vending regulatory program that will go into effect on April 8, 2014, that will essentially
allow vehicles with full-fledge kitchens to prepare and dispense food at -virtually any
location within the City.
C. Without a regulatory program in place, mobile food vehicles could locate on any
street in the City, at any time, without regard to vehicular or pedestrian traffic, creation of
potential congestion, disruption or interference with school activities or causing attractive
nuisances to children going to and from school, and the substantial detraction and
adverse economic effect of established restaurants in the City.
D. The consideration, adoption, and implementation of a comprehensive regulatory
program for mobile food vehicles is necessary to balance the potential adverse effects
that could be caused by mobile food vehicles and the potential benefits the community
could derive from improving public access to the culinary diversity such vehicles could
provide.
03
Ordinance
No. Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDAINS:
Section 1. Vending from a Mobile Food Vehicle is prohibited in the City and no
person shall vend food from a Mobile Food Vehicle in the City.
Section 2. For the purpose of this Ordinance: the term "Mobile Food Vehicle" means
any Category 3, 4, or 5 Mobile Food Facility as identified in Ordinance No. 580.5 of the County
of Riverside and currently registered, licensed, and permitted by the County to operate as a
Mobile Food Facility; the term "Food" means any item intended primarily for consumption by
human beings; and the term "vend" or "vending" means the sale, distribution, or dispensing of
Food.
Section 3. The following are exempted from this Ordinance:
A. A Food cart permitted by land use permits issued by the City.
B. A Mobile Food Vehicle operating on a street subject to all of the following
restrictions:
1. Parked more than One Thousand, Five Hundred (1,500) feet from the
property line of any school property that serves students younger than 18 years
of age.
2. The posted speed limit is thirty-five miles per hour or less.
3. Parked in full compliance with the provisions of the Palm Springs
Municipal Code and the California Vehicle Code.
4. The vehicle is only open to prospective customers on the side of the
vehicle next to a sidewalk.
5. Parked more than one thousand feet of any eating and drinking
establishment unless the vehicle is associated with a certified farmer's market
that is open at the time the vehicle is conducting business or at a special event
approved by the City.
6. Operate only between the hours of 9:00 am and 7:00 pm.
Section 4. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be published
and posted pursuant to the provisions of law.
Section 5.. Findings. The adoption of this Urgency Ordinance is necessary for the
immediate protection of the public peace, health, and safety by ensuring the timely and orderly
consideration, adoption, and implementation of an appropriate and comprehensive regulatory
program for mobile food vehicles in the City. In accordance with Section 312 of the Palm
Springs City Charter, the City Council of the City of Palm Springs finds and determines that the
adoption of this Urgency Ordinance is necessary to ensure the timely approval of a mobile
food vehicle ordinance and for the timely implementation of a new mobile food regulatory
04
Ordinance
No. Page 3
program for the immediate protection of the public peace, health, and safety.
Section 6. Effective Date. The City Council hereby declares, on the basis of the
findings set forth in the Recitals and in Section 5 above, that an urgency ordinance is
warranted and that this Ordinance is necessary to preserve the public peace, health and
safety. Accordingly, this Ordinance is adopted as an urgency ordinance and shall take
effect and be in force immediately upon its adoption. This Ordinance shall expire on
December 31, 2014 unless otherwise extended by action of the City Council prior to
such date.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL
THIS 3rd DAY OF DECEMBER, 2014.
STEPHEN P. POUGNET
MAYOR
ATTEST:
JAMES THOMPSON
CITY CLERK
05
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA92262
76D-778-4578/Fax 760-778-4731
i
2014 OEC 17 AM 8: 4
State Of California ss: JA, .5 T i,
County of Riverside CITY GLL,,,,
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000508013
No 1946
ORDINANCE N0,1964
AN INTERIM URGENCY ORDINANCE OF THE
CITY OF PALM SPRINGS CALIFORNIA PRO-
HIBITING VENDING FR A MOBILE F66D VE-
RTAIN
E%CEPT EXCEPTIONS,UNTIL
IN THE IYbECEMSER 311,,2)1 S.
I am over the age of 18 years old, a citizen of the United A aumrrmy
States and not a party to, or have interest in this matter. I The ��a p
hereby ce rnoblk wiioke In are
rtify that the attached advertisement appeared gresbkaNe beagb(sguleann of mobra food w•
in said newspaper (set in type not smaller than non panel) CCxxyy �� a raie aa°�ldt oftry �for Ae
in each and entire issue of said newspaper and not in any counys�adapredr ieguhtialep�o�heielfow
rnobae food fo Prepare Aood in dre wehkJe
supplement thereof on the following dates, to wit: ww become etrle�dynre on Apd s,2014.It is anbd-
mdftPemYCetl nleDNe loud la Cuf'
Newspaper: .The Desert Sun C0""m` °�rad°n or, ly Y Via,
p�q�ns y aeleareli of Ns•
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manent food and ben xWdefurNlral n tlla
12/13/2014 � an ft ope Mp to 6"Wrelbpw1h
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preldapla�eM foriolMe
Mod ve eE M the Cay.
CERTIFICATION -
STATE OF CALIFORNIA)
COUNTY OF
RIVERSIDE) W
I acknowledge that I am a principal clerk of the printer of CITYOFPA SPRINGSI
The Desert Sun, printed and published week) in the City 1 JMIsEoSn THOMPSON,c Clerk dme Cdd
P P Y a. tnc No. 4 is ay that u 1-
of Palm Springs, County of Riverside, State of California. Hansa i886 i6 a full,true mM.�COPY,
m
arW foes e�wd4ad at arepu l a meeting d me Palm
The Desert Sun was adjudicated a newspaper of general Sad ckr Cauneil on me sm day d Decemean
circulation on March 24, 1988 by the Superior Court of the Z014by me idbwalg vare.
Countyof Riverside, State of California Case No. AYE& Ccundlmernbers Foat, Lewin. Mills,
r Pro Tern Hutcheson,and Mayor Poumat.
191236. s: None
SENT: None
ABSTAIN: None
I declare under penalty of perjury that the foregoing is true aAMcs of Palm3onncmC Hanle
P Y P 1 ry e9 9 M P 96,
PuUtlalvd.12TISf14 _
and correct. Execul on this 3th day of December, 2014
in Palm Spring , ali rnia.
De rant's Signatur ��
CITY OF PALM SPRINGS
NOTIFICATION
City Council
Meeting Date: December 3, 2014
Subject: Ordinance No. 1864
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary was published in the Desert Sun on
December 13, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
t1// ��
I�+P MAS
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
1, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary were posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office
of the City Clerk on December 10, 2014.
I declare under penaltyof perjury that the foregoing is true and correct.
Kathie Hart, MMC
Chief Deputy City Clerk
ORDINANCE NO. 1864
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, PROHIBITING VENDING
FROM MOBILE FOOD VEHICLES IN THE CITY, SUBJECT
TO CERTAIN EXCEPTIONS, UNTIL
DECEMBER 31 , 2015.
City Attorney Summary
The City does not have a regulatory program for mobile food vehicles in the City.
Riverside County's restrictive health regulation of mobile food vehicles substantially
ameliorated the need for the City to adopt a separate regulatory program. The
County's recently adopted regulations that allow mobile food vehicles to prepare food
in the vehicle will become effective on April 8, 2014. It is anticipated that the City will
experience a large influx of County permitted mobile food vehicles that could
commence operation on virtually any street in the City to the potential endangerment
of motorists, pedestrians, and bicyclists, and the creation of visual blight and
potential economic hardship on permanent food and beverage establishments in the
City. This Ordinance will impose an interim, temporary prohibition on the operation
of these vehicles within the City, subject to certain exceptions, for six months to allow
the City sufficient time to consider and adopt appropriate and necessary time, place,
and manner restrictions for mobile food vehicles in the City.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Urgency Ordinance No. 1864 is a full, true and correct copy, and was adopted at a
regular meeting of the Palm Springs City Council on the 3`d day of December, 2014, by
the following vote:
AYES: Councilmembers Foat, Lewin, Mills, Mayor Pro Tern Hutcheson, and
Mayor Pougnet.
NOES: None
ABSENT: None
ABSTAIN: NoneES THOMPSON,THOMPSON, CITY CLERK
ity of Palm Springs, California
ORDINANCE NO. 1864
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, PROHIBITING VENDING
FROM MOBILE FOOD VEHICLES IN THE CITY, SUBJECT
TO CERTAIN EXCEPTIONS, UNTIL
DECEMBER 31 , 2015.
City Attorney Summary
The City does not have a regulatory program for mobile food vehicles in
the City. Riverside County's restrictive health regulation of mobile food
vehicles substantially ameliorated the need for the City to adopt a
separate regulatory program. The County's recently adopted regulations
that allow mobile food vehicles to prepare food in the vehicle will
become effective on April 8, 2014. It is anticipated that the City will
experience a large influx of County permitted mobile food vehicles that
could commence operation on virtually any street in the City to the
potential endangerment of motorists, pedestrians, and bicyclists, and
the creation of visual blight and potential economic hardship on
permanent food and beverage establishments in the City. This
Ordinance will impose an interim, temporary prohibition on the
operation of these vehicles within the City, subject to certain exceptions,
for six months to allow the City sufficient time to consider and adopt
appropriate and necessary time, place, and manner restrictions for
mobile food vehicles in the City.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS:
A. The City is responsible for providing appropriate and necessary time,
place, and manner restrictions on commercial activities in the City.
B. The County of Riverside has recently adopted a less restrictive mobile
food vending regulatory program that will go into effect on April 8, 2014, that will
essentially allow vehicles with full-fledge kitchens to prepare and dispense food at
virtually any location within the City.
C. Without a regulatory program in place, mobile food vehicles could locate on
any street in the City, at any time, without regard to vehicular or pedestrian traffic,
creation of potential congestion, disruption or interference with school activities or
causing attractive nuisances to children going to and from school, and the
substantial detraction and adverse economic effect of established restaurants in
the City.
D. The consideration, adoption, and implementation of a comprehensive
regulatory program for mobile food vehicles is necessary to balance the potential
Ordinance No. 1864
Page 2
adverse effects that could be caused by mobile food vehicles and the potential
benefits the community could derive from improving public access to the culinary
diversity such vehicles could provide.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDAINS:
SECTION 1. Vending from a Mobile Food Vehicle is prohibited in the City
and no person shall vend food from a Mobile Food Vehicle in the City.
SECTION 2. For the purpose of this Ordinance: the term "Mobile Food Vehicle"
means any Category 3, 4, or 5 Mobile Food Facility as identified in Ordinance No. 580.5 of
the County of Riverside and currently registered, licensed, and permitted by the County
to operate as a Mobile Food Facility; the term "Food" means any item intended primarily
for consumption by human beings; and the term "vend" or "vending" means the sale,
distribution, or dispensing of Food.
SECTION 3. The following are exempted from this Ordinance:
A. A Food cart permitted by land use permits issued by the City.
B. A Mobile Food Vehicle operating on a street subject to all of the
following restrictions:
1 . Parked more than One Thousand, Five Hundred (1,500) feet from the
property line of any school property that serves students younger than
18 years of age.
2. The posted speed limit is thirty-five miles per hour or less.
3. Parked in full compliance with the provisions of the Palm Springs
Municipal Code and the California Vehicle Code.
4. The vehicle is only open to prospective customers on the side of
the vehicle next to a sidewalk.
5. Parked more than one thousand feet of any eating and drinking
establishment unless the vehicle is associated with a certified farmer's
market that is open at the time the vehicle is conducting business or at
a special event approved by the City.
6. Operate only between the hours of 9:00 am and 7:00 p.m.
Ordinance No. 1864
Page 3
SECTION 4. The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same, or the summary
thereof,to be published and posted pursuant to the provisions of law.
SECTION 5. Findings. The adoption of this Urgency Ordinance is necessary
for the immediate protection of the public peace, health, and safety by ensuring the timely
and orderly consideration, adoption, and implementation of an appropriate and
comprehensive regulatory program for mobile food vehicles in the City. In accordance
with Section 312 of the Palm Springs City Charter, the City Council of the City of Palm
Springs finds and determines that the adoption of this Urgency Ordinance is necessary
to ensure the timely approval of a mobile food vehicle ordinance and for the timely
implementation of a new mobile food regulatory program for the immediate protection
of the public peace, health, and safety.
SECTION 6. Effective Date. The City Council hereby declares, on the basis
of the findings set forth in the Recitals and in Section 5 above, that an urgency
ordinance is warranted and that this Ordinance is necessary to preserve the public
peace, health and safety. Accordingly, this Ordinance is adopted as an urgency
ordinance and shall take effect and be in force immediately upon its adoption. This
Ordinance shall expire on December 31, 2015, unless otherwise extended by action
of the City Council prior to such date.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 3rd DAY OF DECEMBER, 2014.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Urgency Ordinance No. 1864 is a full, true and correct copy, and was adopted at a
regular meeting of the Palm Springs City Council on the 3'd day of December, 2014, by
the following vote:
AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills,
Mayor Pro Tern Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
CITY OF PALM SPRINGS
NOTIFICATION
City Council
Meeting Date: December 3, 2014
Subject: Ordinance No. 1864
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary was published in the Desert Sun on
December 13, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
4AMhEl
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie.Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary were posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office
of the City Clerk on December 10, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, MMC
Chief Deputy City Clerk
� t �
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578/Fax 760-778-4731
2014 DEC 17 AM 8. 4
State Of California as: )A. 4 1 F,
County of Riverside CITY GLL,,r�
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000508013
No 1946 ORDINANCE N0.1864
AN INTERIM URGENCY ORDINANCE OF THE
CITY OF PALM S RINGS CAUFORNIqq,, PRO-
HIBITING VENDING FROM MOBILE FOOD VE-
HICLES IN THE CITY SUBJECT TO CERTAIN
EXCEPTIONS,UNTIL b9dEMBER 31,2015.
I am over the age of 18 years old, a citizen of the United C11YreAN:Ns All
States and not a party to, or have interest in this matter. I The CNy doea for not have a prcgram l
nK�bWe In the
hereby certify that the attached advertisement appeared areauvxvehewhnputeaondmoarawodva-
in said newspaper (set in type not smaller than non panel) I -k.w W rdsu'AR1BJJ01A� ryp"m1y�refforMe
City to adopt a separero reguhto M1one Me .The
in each and entire issue of said newspaper and not in anyffwbg kod to rere9 Mryre r�
supplement thereof on the following dates,to wit: win become efecove on npriJ 9,2014.re is arledr-
pdadtrotMeCXvwlNaq�erietarA0A hdar of
Couay pa nxta food vehkYes dwg'mWd
Newspaper: .The Desert Sun r `y"pe�.o r mdantlepad g of
and N1e areadan of Via-
ad po�Naconank hertffihp err per
aalerd food end asNDN'shlne�M dla
12/13/2014 Pd an�IbnofpMvesN-
des the aW Me a oeraa
for e&matars ro pNow db C/y to and nd fray
place801051111
�nxnnetforrnoDNe
kod vehldas In The City.
CERTIFICATION
• STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) a
I acknowledge that I am a principal clerk of the printer of CITY OF PALM SPRINGS)
The Desert Sun, printed and published week) in the City I JAMES THOMPSON,�Iy Clark of the CdIryY a
P P Y tY Min Spmgs,hereby aerufy that UrOeIwY 6rd1-
of Palm Springs, County of Riverside, State of California. belts N0. 6W80 is e.rreulp6 true end.cc of the
copy.
and was ado
tunat arr lhe�8rmaind Dewm6 r
The Desert Sun was adjudicated a newspaper of general 9s 4y following�:
Circulation on March 24, 1988 by the Superior Court of the �/
Countyof Riverside, State of California Case No. - AYEB: Cc milmambem Foal, Lewin. Mills,
Mwor Pro Tam Hutcheson,and MaIw Pougnat.
191236. NOES None
ABSENT: None
ABSTAIN: None
JAMES THOMPSON.CITY CLERK
I declare under penalty of perjury that the foregoing is true Coy of Pawn Springs,Calffomle
PoMIaMd:tan3tl
and correct. Execut on this 3th day of December, 2014 -in Palm Spring , ali rnia.
De rant's Signatur ��
ORDINANCE NO. 1864
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, PROHIBITING VENDING
FROM MOBILE FOOD VEHICLES IN THE CITY, SUBJECT
TO CERTAIN EXCEPTIONS, UNTIL
DECEMBER 31 , 2015.
City Attorney Summary
The City does not have a regulatory program for mobile food vehicles in the City.
Riverside County's restrictive health regulation of mobile food vehicles substantially
ameliorated the need for the City to adopt a separate regulatory program. The
County's recently adopted regulations that allow mobile food vehicles to prepare food
in the vehicle will become effective on April 8, 2014. It is anticipated that the City will
experience a large influx of County permitted mobile food vehicles that could
commence operation on virtually any street in the City to the potential endangerment
of motorists, pedestrians, and bicyclists, and the creation of visual blight and
potential economic hardship on permanent food and beverage establishments in the
City. This Ordinance will impose an interim, temporary prohibition on the operation
of these vehicles within the City, subject to certain exceptions, for six months to allow
the City sufficient time to consider and adopt appropriate and necessary time, place,
and manner restrictions for mobile food vehicles in the City.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Urgency Ordinance No. 1864 is a full, true and correct copy, and was adopted at a
regular meeting of the Palm Springs City Council on the 3`d day of December, 2014, by
the following vote:
AYES: Councilmembers Foat, Lewin, Mills, Mayor Pro Tern Hutcheson, and
Mayor Pougnet.
NOES: None
ABSENT: None
ABSTAIN: None
MES THOMPSON, CITY CLERK
ity of Palm Springs, California
ORDINANCE NO. 1864
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, PROHIBITING VENDING
FROM MOBILE FOOD VEHICLES IN THE CITY, SUBJECT
TO CERTAIN EXCEPTIONS, UNTIL
DECEMBER 31 , 2015.
City Attorney Summary
The City does not have a regulatory program for mobile food vehicles in
the City. Riverside County's restrictive health regulation of mobile food
vehicles substantially ameliorated the need for the City to adopt a
separate regulatory program. The County's recently adopted regulations
that allow mobile food vehicles to prepare food in the vehicle will
become effective on April 8, 2014. It is anticipated that the City will
experience a large influx of County permitted mobile food vehicles that
could commence operation on virtually any street in the City to the
potential endangerment of motorists, pedestrians, and bicyclists, and
the creation of visual blight and potential economic hardship on
permanent food and beverage establishments in the City. This
Ordinance will impose an interim, temporary prohibition on the
operation of these vehicles within the City, subject to certain exceptions,
for six months to allow the City sufficient time to consider and adopt
appropriate and necessary time, place, and manner restrictions for
mobile food vehicles in the City.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS:
A. The City is responsible for providing appropriate and necessary time,
place, and manner restrictions on commercial activities in the City.
B. The County of Riverside has recently adopted a less restrictive mobile
food vending regulatory program that will go into effect on April 8, 2014, that will
essentially allow vehicles with full-fledge kitchens to prepare and dispense food at
virtually any location within the City.
C. Without a regulatory program in place, mobile food vehicles could locate on
any street in the City, at any time, without regard to vehicular or pedestrian traffic,
creation of potential congestion, disruption or interference with school activities or
causing attractive nuisances to children going to and from school, and the
substantial detraction and adverse economic effect of established restaurants in
the City.
D. The consideration, adoption, and implementation of a comprehensive
regulatory program for mobile food vehicles is necessary to balance the potential
Ordinance No. 1864
Page 2
adverse effects that could be caused by mobile food vehicles and the potential
benefits the community could derive from improving public access to the culinary
diversity such vehicles could provide.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDAINS:
SECTION 1. Vending from a Mobile Food Vehicle is prohibited in the City
and no person shall vend food from a Mobile Food Vehicle in the City.
SECTION 2. For the purpose of this Ordinance: the term "Mobile Food Vehicle"
means any Category 3, 4, or 5 Mobile Food Facility as identified in Ordinance No. 580.5 of
the County of Riverside and currently registered, licensed, and permitted by the County
to operate as a Mobile Food Facility; the term "Food" means any item intended primarily
for consumption by human beings; and the term "vend" or "vending" means the sale,
distribution, or dispensing of Food.
SECTION 3. The following are exempted from this Ordinance:
A. A Food cart permitted by land use permits issued by the City.
B. A Mobile Food Vehicle operating on a street subject to all of the
following restrictions:
1. Parked more than One Thousand, Five Hundred (1,500)feet from the
property line of any school property that serves students younger than
18 years of age.
2. The posted speed limit is thirty-five miles per hour or less.
3. Parked in full compliance with the provisions of the Palm Springs
Municipal Code and the California Vehicle Code.
4. The vehicle is only open to prospective customers on the side of
the vehicle next to a sidewalk.
5. Parked more than one thousand feet of any eating and drinking
establishment unless the vehicle is associated with a certified farmer's
market that is open at the time the vehicle is conducting business or at
a special event approved by the City.
6. Operate only between the hours of 9:00 am and 7:00 p.m.
Ordinance No. 1864
Page 3
SECTION 4. The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same, or the summary
thereof,to be published and posted pursuant to the provisions of law.
SECTION 5. Findings. The adoption of this Urgency Ordinance is necessary
for the immediate protection of the public peace, health, and safety by ensuring the timely
and orderly consideration, adoption, and implementation of an appropriate and
comprehensive regulatory program for mobile food vehicles in the City. In accordance
with Section 312 of the Palm Springs City Charter, the City Council of the City of Palm
Springs finds and determines that the adoption of this Urgency Ordinance is necessary
to ensure the timely approval of a mobile food vehicle ordinance and for the timely
implementation of a new mobile food regulatory program for the immediate protection
of the public peace, health, and safety.
SECTION 6. Effective Date. The City Council hereby declares, on the basis
of the findings set forth in the Recitals and in Section 5 above, that an urgency
ordinance is warranted and that this Ordinance is necessary to preserve the public
peace, health and safety. Accordingly, this Ordinance is adopted as an urgency
ordinance and shall take effect and be in force immediately upon its adoption. This
Ordinance shall expire on December 31, 2015, unless otherwise extended by action
of the City Council prior to such date.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 3'd DAY OF DECEMBER, 2014.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Urgency Ordinance No. 1864 is a full, true and correct copy, and was adopted at a
regular meeting of the Palm Springs City Council on the 3 d day of December, 2014, by
the following vote:
AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills,
Mayor Pro Tern Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California