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HomeMy WebLinkAboutOrd 1299 - Food Vending Truck- 4 Designated Areas 12-31-2016CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: CONSIDERATION TO APPROVE ORDINANCE NO. 1299 AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 5.97 FOOD VENDING VEHICLES ADDING SECTION 5.97.115 TEMPORARY PERMITTED USES ALLOWING FOOD VENDING TRUCKS TO OPERATE WITH LESS RESTRICTIONS IN FOUR (4) DESIGNATED AREAS ON A TEMPORARY BASIS UNTIL DECEMBER 31, 2016 SUBMITTED BY: Kevin Swartz, Associate Planner DATE: November 12, 2015 CONTENTS: Draft Ordinance No. 1299 Maps identifying temporary permitted uses Recommendation That the City Council waive further reading and pass Ordinance No. 1299 _ to second reading, approving the addition of Section 5.97.115 Temporary permitted uses to Chapter 5.97 of the Palm Desert Municipal Code, Food Vending Vehicles. Executive Summary Approval of staffs recommendation will expand the locations in which food trucks are allowed to conduct business in Palm Desert on a temporary trial basis through December 31, 2016. The food truck subcommittee has identified four (4) designated areas (see attached maps), which they believe would benefit the residents and employees of Palm Desert, as well as the food truck vendors. The food truck vendors will be able to operate in the designated areas, while being exempt from Sections 5.97.110 (A), (J), and (K). Chapter 5.97 would still apply to all other areas within the City regarding how food trucks are regulated. Discussion On September 10, 2015, the City Council removed the moratorium for food vending trucks to operate under Chapter 5.97 Food Vending Vehicles and within the public right-of-way, subject to certain restrictions. At that meeting, staff stated that the food truck subcommittee will have discussions with food truck vendors and food truck Staff Report Amendment to PDMC Chapter 5.97 Food Vending Vehicles Page 2 of 4 November 12, 2015 promoters and continue to research food vending trucks and will determine if changes need to be made to Chapter 5.97. On October 27, 2015, the food truck subcommittee met regarding their discussions with food truck vendors. Staff had discussions with food truck vendors from San Diego, Los Angeles, Riverside, and within the Coachella Valley asking if they would be interested in doing business in Palm Desert, and in what areas of the City. The vendors stated that they need to be located near office and industrial type businesses, retail uses, and open space areas such as a park. Each food truck vendor stated their desired location would be along or near El Paseo because of the foot traffic. Other possible locations mentioned were Civic Center Park and the industrial business park area along Cook Street between Sheryl Avenue and Hovley Lane East. The subcommittee believed that choosing designated areas would be able to provide businesses, employees, and residents the opportunity to get meals without having to drive to a certain destination. The subcommittee decided on four (4) areas within the City that are identified below. 1. Civic Center Park — The subcommittee chose this location because of the proximity to College of the Desert, the Y.M.C.A, government and professional offices, and residential homes. Also, the food trucks could serve the residents attending events within the park, as well as the weekday and weekend park users. The designated area is adjacent to San Pablo Avenue within an existing grassy area just south of the skate park. 2. Cook Street Industrial Business Park — The subcommittee chose this location because of the large amount of businesses and employees within the area. Currently there are four (4) existing eateries (Mamacitas, Alkobar, The Lunch Box, and Jensen's) within this area. The food trucks would be able to compete with these eateries, but would not be able to park in front of the stores or within their parking lots. The designated area is along the east and west side of Cook Street between Sheryl Avenue and Hovley Lane East. Food vending trucks would not be able to stop, park, or stand on Cook Street. 3. Dinah Shore Industrial Business Park — The subcommittee chose this location because of the large amount of industrial and office businesses within the area. The nearest restaurants are within the Desert Gateway Shopping Center. The designated area, which is triangular in shape, is north of Dick Kelly Drive between Gateway Drive and Dinah Shore Drive. Food vending trucks would not be able to stop, park, or stand on Dinah Shore Drive. 4. California State University, San Bernardino Palm Desert Campus/University of California, Riverside, Palm Desert Center — The subcommittee chose this location because the University has expressed interest in allowing food truck G\Plannmg%KeAn SWartz\Word\Food TrucksVAddmg Section 5 97 115 To Food Vending Truck Ordinance .doc Staff Report Amendment to PDMC Chapter 5.97 Food Vending Vehicles Page 3 of 4 November 12, 2015 vendors within their parking lot. The University is not governed by the City, but the food truck subcommittee wanted to include the property to help assist the University. The subcommittee is recommending that the hours of operation are from 7:00 a.m. to 9:00 p.m. daily for each of the four (4) locations. The subcommittee anticipates the lunch time hours being the busiest, with the evening hours being less significant. Some of the streets and parking lots within the designated areas are deemed private. Any food vending truck parked out of the public right-of-way to conduct business must have written consent from the property owner. Also, any food truck operating within the public right-of-way will need to apply and receive an encroachment permit, which would cover all of the four (4) designated areas. Staff has made a technical revision to Chapter 5.97 to allow food trucks on a temporary basis until December 31, 2016, and has prepared an exhibit showing where food trucks would be allowed. The exhibit and the modified ordinance are appended to this staff report. The County of Riverside will continue to inspect, grade, and permit all types of "mobile food facilities," from produce trucks (termed "Category 1 Mobile Facility Facilities" by the County) to push carts (Category 2) to full -fledge kitchens in trucks (Category 5). The County's actions will provide protection of the health and safety of the public, while recognizing the increased popularity of gourmet food trucks across the country. In conclusion, the subcommittee determined that allowing food trucks to operate in the designated areas on a temporary trial basis would not adversely impact the community, and will not pose a threat to public safety. During the trial period, staff will observe the four (4) locations in regards to negative or positive impacts on the community. If the program assists the food trucks without complaints from residents and existing businesses, and does not have adverse effects on the community, then the food truck subcommittee will make modifications to Chapter 5.97 and bring them back to the City Council for consideration. Environmental Review This ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment). Therefore, this activity is not subject to CEQA, and no further study is needed. (Refer to 15061(b)(3) of the CEQA Guidelines.) G \Planning\KeHn Swartz\Word\Food Trucks\Adding Section 5 97 115 To Food Vending Truck Ordinance doc Staff Report Amendment to PDMC Chapter 5.97 Food Vending Vehicles Page 4 of 4 November 12, 2015 Fiscal Analysis No significant change to City revenue or expenditures is expected as a result of adopting the amendment to the Palm Desert Municipal Code. Any increased sales tax revenue from the food vending trucks is likely to be offset from decreased sales tax from restaurants. The cost of vehicle inspections performed by Code Compliance Officers and the Fire Marshal will be borne by the vendors, who will pay a fee for the inspections. Submitted By: Kevin Swartz, Airsociate Planner Deoartmeat Head: Tony Bagato, Acting'Director of Community Development G \Planning\Kevin Swartz\Word\Food Trucks\Adding Section 5 97 115 To Food Vending Truck Ordinance doc ORDINANCE NO. 1299 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA AMENDING CHAPTER 5.97 OF THE PALM DESERT MUNCIPAL CODE, ADDING SECTION 5.97.115 TEMPORARY PERMITTED USES ALLOWING FOOD VENDING TRUCKS TO OPERATE WITH LESS RESTRICTIONS IN FOUR DESIGNATED AREAS ON A TEMPORARY BASIS UNTIL DECEMBER 31, 2016. WHEREAS, in the proper locations, food vending trucks provide a useful public service to workers and others seeking refreshment and as part of special events; WHEREAS, if not regulated as to location and operation, food vending trucks have an adverse impact on the public health, safety and welfare including, but not limited to, exposing pedestrians and customers to vehicular traffic, locating in areas with insufficient parking, and contributing to litter and other public nuisances; WHEREAS, to address community concerns regarding the establishment and operation of food vending trucks within the City of Palm Desert ("City"), it is necessary for the City to study the potential impacts such facilities may have on the public health, safety, and welfare; WHEREAS, based on the foregoing, the City Council finds that food vending trucks operating during a temporary trial period until December 31, 2016, within four designated areas will not pose a current and immediate threat to the public health, safety, and welfare; and WHEREAS, City staff shall immediately commence to take steps to conduct a study of the potential impacts of food vending trucks operating during the temporary trial period on the public health, safety and welfare, and of possible amendments to the Palm Desert Municipal Code. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California as follows: SECTION 1. Adoption of Recitals. The City Council of the City of Palm Desert hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations are necessary and appropriate to protect the health, safety and welfare of the residents and businesses of Palm Desert from any potential adverse impacts of food vending trucks within the City limits. ORDINANCE NO. 1299 SECTION 2. Amendment to the Palm Desert Municipal Code. Section 5.97.110 of the Palm Desert Municipal Code is amended as follows: "5.97.110 Prohibited conduct. A. No person shall vend from a food vending truck on any public street, alley or highway under any circumstances. B. No person shall operate or park a food vending truck in violation of any provision of this code, or the California Vehicle Code. C. No person shall vend from a food vending truck when any part of the vehicle is open to prospective customers other than on the side of the vehicle next to the right side of the street, alley or highway. D. No person shall vend from a food vending truck when the food vending truck is not stopped, parked or standing on the right side of the street, alley or highway. E. No person shall vend from a food vending truck when the prospective customer is standing or sitting in another vehicle. F. No person shall vend from a food vending truck when the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic. G. No person shall operate, or cause to be operated, any food vending truck with sound -amplifying equipment in operation per Section 5.92.030 of this code. H. No person shall back up a food vending truck to make or attempt a sale. No minor shall ride in or on a food vending truck. J. No person shall vend from a food vending truck in any public parking lot when the following apply: 1. When the food vending truck is parked within one thousand five hundred feet of the nearest property line of any school property, unless that school is a college, university, or vocational school that primarily serves students older than eighteen years of age; and 2. When the food vending truck is parked within seven hundred fifty feet of any eating and drinking establishment, or any concession stand that is open for business at a public park, unless the food vending truck is associated with a certified farmers' market that is open at the time that the food vending truck is conducting business. G1P1anning\Kevin Swartz\Word\Food Trucks\Temporary permitted uses Ord.doc ORDINANCE NO. 1299 K. Food vending trucks shall only operate Monday through Sunday as follows: October 1 st through April 30th: nine a.m. to five p.m. 2. May 1 st through September 30th: nine a.m. to seven p.m." SECTION 3. Addition to the Palm Desert Municipal Code. Section 5.97.115 is hereby added to the Palm Desert Municipal Code as follows: "5.97.115 Temporary permitted uses. Food vending trucks, while operating and vending within four designated areas (described in more detail, below), shall be exempt from Sections 5.97.110 (A), (J) and (K), for a temporary period ending December 31, 2016. The hours of operation for food vending trucks in the four designated areas are from 7:00 a.m. to 9:00 p.m. daily. Food vending trucks operating and vending within the four designated areas must comply with all other provisions of Chapter 5.97. Food vending vehicles while operating and vending in all areas of the City outside of the four designated areas must continue to comply with all Sections in Chapter 5.97. The four designated areas are described as follows: 1. Civic Center Park — The designated area is adjacent to San Pablo Avenue within an existing grassy area just south of the Civic Center Skateboard Park. 2. Cook Street Industrial Business Park — The designated area is along the east and west side of Cook Street between Sheryl Avenue and Hovley Lane East. Food vending trucks shall not stop, park, or stand on Cook Street. 3. Dinah Shore Industrial Business Park — The designated area, which is triangular in shape, is north of Dick Kelly Drive and between Gateway Drive and Dinah Shore Drive. Food vending trucks shall not stop, park, or stand on Dinah Shore Drive. 4. California State University, San Bernardino Palm Desert Campus/ University of California, Riverside, Palm Desert Center." SECTION 4. Compliance with California Environmental Quality Act. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment). Therefore, this activity is not subject to CEQA, and no further study is needed. (Refer to 15061(b)(3) of the CEQA Guidelines.) GAPlanning\Kevin Swartz\Word\Food Trucks\Temporary permitted uses Ord.doc ORDINANCE NO. 1299 SECTION 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 6. Publication. 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 12th day of November, 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 GAPlanning\Kevin Swartz\Word\Food Trucks\Temporary permitted uses Ord.doc MMMMMM3 F � i 3 F4 is s WEER