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HomeMy WebLinkAbout3/19/2014 - STAFF REPORTS - 3.B. aCity Council Staff Report Date: March 19, 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, FOR A PERIOD OF SIX MONTHS. (4/5THS Vote Required) From: Douglas Holland, 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. 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, FOR A PERIOD OF SIX MONTHS. (4/5THS Vote Required) ITEM NO. JV City Council Staff Report March 19, 2014- Page 2 Mobile Food Vehicle Urgency Ordinance STAFF ANALYSIS: Prior to this year, the County of Riverside had a very restrictive mobile food vehicle program, based primarily on public health concerns. Mobile food vendors were essentially limited to selling prepackaged foods, hot dogs, popcorn, shaved ice, and hot beverages. Late last year, the Board of Supervisors eased its restrictions on such food trucks. Most importantly, effective on April 8, 2014, mobile food vendors will be able to prepare food on the spot from vehicles equipped with full-fledged kitchens. The County will continue to inspect, grade, and permit mobile food vehicles under the County's regulatory program. The County's regulations are focused primarily on health and safety concerns but are intended to accommodate the culinary diversity and expanded access these vehicles have provided other communities in the State. Staff's concern is that the City of Palm Springs has not attempted to regulate mobile food vehicles in the past. With the exception of limited land use regulations that require land use permits under certain circumstances in the City's commercial zones, the City does not have a regulatory program for mobile food vendors. The City essentially deferred to the County and relied on the County's restrictive program to deal with any issues that could arise. The County's revised program, however, will create new conflicts and concerns that raise the question of whether the City should exercise its municipal powers to consider and adopt time, place, and manner restrictions on this activity. Staff is therefore recommending the City Council adopt an interim urgency ordinance that will prohibit mobile food vending in the City, subject to certain exceptions, to provide the City Council the opportunity to consider, adopt, and implement a comprehensive regulatory program that will ensure that these vehicles will be operated in a manner that preserves public safety and is compatible and beneficial with the entire community. The interim urgency ordinance is not intended to prevent mobile food vendors from operating on private property with the permission of the property owner, subject to any applicable zoning requirements. Staff is recommending that this interim urgency ordinance remain in effect for 6 months to ensure that this new program will be subject to appropriate public discussion and participation by all interested and affected interests. Dougl s Holland, City Attorney David Ready, City er Attachment: Ordinance No. 2 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, FOR A PERIOD OF SIX MONTHS. (4/5T"S 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. 3 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 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, orthe 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 4 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 September 18, 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 19th DAY OF MARCH, 2014. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Urgency Ordinance No. is a full, true, and correct copy, and adopted at a regular meeting of the City Council held on the 19th day of March, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 5 The Desert sun 750 N Gene Autry Trail Certificate of Publication - . Palm Springs, CA 92262 760-778-4578/Fax 760-778-4731 2014 in: n3 State Of California BE: County of Riverside Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2000421199 1 am over the age of 18 years old, a citizen of the United Slates and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non panel) No g507 in each and entire issue of said newspaper and not in any .ORDINANCE NO.10M supplement thereof on the following dales,to wit: AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS CALIFORNIA PRO- HISITING VENDING FROM MOBILE F66D VE- Newspaper: .The Desert Sun HKxES'IN THE CITY, SUBJECT TO CERTAIN EXCEPTIONS FOR A PERIOD. OF SIX MONTHS. (4/§TH8 Vote Required) Cry Attorney Summary 3/29/2 014 The CiN does not have a regulatory It ram for mobile food vehicles in the C ..Riverel a Coun- qs rastrlcdve health reputation of mobile food ve- CMdes ity tosubstantiallydll a st parate Wed the need f r the mmoNla o6d�vah adopted prepare foodfood in the that wa become edgCWe on April 8,2014. r le antici that the ply Will experience a large influx of permitted mobile food vehicles that could oomnhence apereM1on on virtually any street In Me I acknowied a that 1 am aprincipal clerk of the rimer of to the potential endangermehH of mWaists, 9 P rians,end bmcvclMrs.read the creation of via- The Desert Sun, printed and published weekly in the City - _ _ uet bligm an poten eonrxxn hertla ona- menent food and bevereqe establlshmeMs in p ilea' of Palm Springs, County of Riverside, Slate of California. Coy. This Ordnance wi itinpose an interim,term- The Desert Sun was adjudicated a newspaper of general Porarywrohidton on t"he'operation of these vehh- 19 - otes m e City,auolacr I.certain exceptlone, circulation on March 24, 1988 by the Superior Court of the for six=01118 to altow the Sufficient am to consider and adopt apprcpri a and neceswry County of Riverside, State of California Case No. time, place, and manner restrictions for mobile 191236. food whiles in the l%ty. CERTIFICATION I declare under penalty of perjury that the foregoing is true STATE OF CALIFORNIA P ty P 1 fY 9 9 COUNTY OF RIVERSIDE ss. and correct. Executed on this 29th day of March, 2014 in 9"OF PALMSPRNO$, I NAMES TN0MPSON,Cry perk of the C d Palm Springs,Calif la. Palen S.pdrpe,Calff mla,do herebe ort1 that In. term�A➢e11c I OrQnarme No.i is a ull,true, real cnoprhect capY aril wages adopted at a regular M 1B 2ta014 6y the Id on AYES: Councilrrhember Foal,Councllmember Least, Maya Pro Tam Hutcheson, and Mayor NOES Nape. 'l+ ABSENT: Coundlmember Mills. nfs Signature ,�j,f `1,/ NAMES THOMPSON.CITY CLERK CRY of Palm Springs,California The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 760-7784578/Fax 760-7784731 -r110: Qv State Of California as: County of Riverside Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2000421199 I am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non panel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper: .The Desert Sun - NoQ�',n OITWNGE ANOE NO•taeo 3/29/2014 iW INTERIM UMp SPRai0S rAUF0 1A YE- HIB 7N T1iO CATy UsJEGT�F ORTgIX EEXC SO�S,,k oWReq&0di og The C 18�dpaesridt h?e atits Mq ersida Cwnramfor V S r_,V_t ,tk"n�kh 1 Ibulsll�nor he wd In .6fiteday am rag I acknowledge that I am a principal clerk of the printer of Sty to ed sYParateadopledd g food lele The Desert Sun, printed and published weekly in theCity wfdb etfxsve Is 8 .o^� '�a oce e large kdly t of Palm Springs, County of Riverside, State of California. Doled PMaR'^ORIedR=evrluelty hk� atI�e The Desert Sun was adjudicated a newspaper of general CCoornmence w"ZI endarp ye"cra tlDn of vlr circulation on March 24, 1988 by the Superior Court of the done,and b^w d1�&dthe shm�^I a. County of Riverside, State of California Case No. uO �reua ealad ,� I 191236. 11 1 uImWa" CRY. ti�plRon on the to rsrmin exoeptlDna pD'ary Me CRY, Cdyv sy%iuenl ume to penalty perjury 9 9 for Mei'oand adopt appropnela and tar moose declare under nal ofthat the foregoing is true "a , a^d rr�emlar reStdcdona and correct. Execute dpf{this 29th day of March, 2014 in food vahklea In the CRY 1 CERTIFICATION Palm Springs,C rnia. STATE OF CALIFORNIA ae, COUNTY OF RIVERS _ CITY OF PALM SPR Rv ct 1 JAMES TNO ie,dMD ING. e Rtei M- an �• A 1M, 1 ry�np�q' CopOya^an W,s ad(co raidl on Mareh 99,2o14P,h1'Ria W W✓in9 vole: De ara is Signature % AYES �parwilasnrAer Foa oa oneentbw pDr LsNn, MaYDr Pro Ter" Nutoh Nq�� None. OES: r Mills. ASSENT: CaDtw7lmaniba. CRY of palm SP 9a,OOaf omia P h :WW4 CITY OF PALM SPRINGS NOTIFICATION City Council Meeting Date: March 19, 2014 Subject: Urgency Ordinance No. 1850 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 March 29, 2014. 1 declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC 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 was 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 March 27, 2014. 1 declare under penalty of perjury that the foregoing is true and correct. IL Kathie Hart, CMC Chief Deputy City Clerk ORDINANCE NO. 1850 AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROHIBITING VENDING FROM MOBILE FOOD VEHICLES IN THE CITY, SUBJECT TO CERTAIN EXCEPTIONS, FOR A PERIOD OF SIX MONTHS. (4/5T"s 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. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Interim Urgency Ordinance No. 1850 is a full, true, and correct copy, and was adopted at a regular meeting of the Palm Springs City Council on March 19, 2014, by the following vote: AYES: Councilmember Foat, Councilmember Lewin, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. rES THOMPSON, CITY CLERK ity of Palm Springs, California ORDINANCE NO. 1850 AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROHIBITING VENDING FROM MOBILE FOOD VEHICLES IN THE CITY, SUBJECT TO CERTAIN EXCEPTIONS, FOR A PERIOD OF SIX MONTHS. (4i5T"sVote 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 Ordinance No. 1850 Page 2 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 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 fanner'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 Ordinance No. 1850 Page 3 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 September 18, 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 19th DAY OF MARCH, 2014. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Interim Urgency Ordinance No. 1850 is a full, true, and correct copy, and was adopted at a regular meeting of the Palm Springs City Council on March 19, 2014, by the following vote: AYES: Councilmember Foat, Councilmember Lewin, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. JAMES THOMPSON, CITY CLERK City of Palm Springs, California