HomeMy WebLinkAboutOrdinance 1290 - Food Vending TrucksOrdinance No. 1290
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: CONSIDERATION OF PALM DESERT CITY COUNCIL TO
TERMINATE AND RESCIND ORDINANCE NO. 1269, WHICH
ESTABLISHED A MORATORIUM ON THE OPERATION OF
FOOD VENDING TRUCKS WITHIN THE CITY LIMITS AND
CANCELLING PALM DESERT MUNICIPAL CODE SECTION
5.97.110(A) RELATING TO FOOD VENDING TRUCKS
OPERATING WITHIN THE PUBLIC RIGHT-OF-WAY.
SUBMITTED BY: Kevin Swartz, Associate Planner
APPLICANT: City of Palm Desert
DATE: September 10, 2015
CONTENTS: Draft Ordinance No. 1290
Recommendation
That the City Council waive further reading and approve Ordinance
No. 1290 to terminate and rescind Ordinance No. 1269 and Palm
Desert Municipal Code (PDMC) Section 5.97.110(A), which would remove
the current moratorium and allow food vending trucks to operate under
Chapter 5.97 Food Vending Vehicles and within the public right-of-way,
subject to certain restrictions.
Discussion
On March 13, 2014, the City Council adopted Ordinance No. 1268, which provides a
comprehensive scheme of regulation for food vending trucks within the public -right -of
way.
On April 10, 2014, the City Council adopted Ordinance No. 1269, which approved an
urgency moratorium on the operation of food vending trucks within the City limits and
created PDMC section 5.97.110(A), which prohibited the operation of food trucks within
the public right-of-way.
Staff Report
Ordinance Removing the Moratorium for Food Vending Vehicles
Page 2 of 2
September 10, 2015
On August 31, 2015, the City's food vending truck subcommittee met to discuss the
limitations on operation of food trucks within the City. The subcommittee discussed
potential and prohibited locations for food trucks, but agreed that staff needs to have
discussions with food truck vendors and food truck promoters before staff proposes
changes to Chapter 5.97.
The subcommittee stated that removing the current moratorium could indicate to food
truck vendors that the City is interested in allowing food trucks in certain locations, in
addition to allowing them for special events under a Temporary Use Permit. Also, the
committee determined that they believe allowing food trucks to operate in areas where
they are permitted under Chapter 5.97 would not adversely impact the community, and
that removing the moratorium will not pose a threat to public safety.
The food truck subcommittee will continue to research food vending trucks and will
determine if changes need to be made to Chapter 5.97, and will present their findings to
the City Council for their review at a date uncertain.
Submitted By:
Kevin Swartz, Associate Planner
Department Head:
Lauri Aylaian, Director of Community Development
City Manager:
ORDINANCE NO. 1290
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA CANCELLING AND RESCINDING ORDINANCE
NO. 1269 OF SAID CITY, AND IN ADDITION, RESCINDING AND
CANCELLING PALM DESERT MUNICIPAL CODE SECTION 5.97.110(A)
WHEREAS, the Council of the City of Palm Desert heretofore established Ordinance
1269 on or about the 10th day of April, 2014; and
WHEREAS, said Council hereby desires to cancel, terminate, amend such
moratorium relating to food vending trucks within the public right-of-way
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. The City Council does, in accordance with its authority, under the Government
Code cancel, terminate, rescind Ordinance No. 1269, heretofore passed by the City
Council.
2. That the City Clerk of the City of Palm Desert, California, is hereby directed to
publish this ordinance in the Desert Sun, a newspaper of general circulation,
published and circulated in the City of Palm Desert, California, and shall be in full
force and effect thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 10"' day of September, 2015, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan Marie Weber, Mayor
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA