HomeMy WebLinkAboutORD 1269ORDINANCE NO. 1269
AN URGENCY ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA MAKING FINDINGS AND ESTABLISHING A MORATORIUM
ON THE OPERATION OF FOOD VENDING TRUCKS WITHIN THE PUBLIC
RIGHT-OF-WAY BY AMENDING PALM DESERT MUNICIPAL CODE
SECTION 5.97.110(A) TO PROHIBIT SUCH OPERATION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AS FOLLOWS:
SECTION 1. Findings.
A. In the proper locations, food vending trucks provide a useful public service to
workers and others seeking refreshment and as part of special events.
B. 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.
C. Food vending trucks operating the public right-of-way especially threaten the
public health, safety and welfare as they have the potential to create traffic hazards when
other vehicles stop to make purchases from such facilities disrupting traffic flow and
distracting drivers.
D. The scope of cities' ability to regulate food vending trucks operating within the
public right-of-way is currently unclear and numerous Southern Californian cities'
ordinances have been challenged. Until these challenges are decided by the courts, the
scope of permissible regulations is unclear.
E. The City Council recently adopted Ordinance No. 1268 that amends Chapter
5.97 of the Palm Desert Municipal Code regarding food vending trucks. Some have
questioned whether the regulations set forth in Ordinance No. 1268 appropriately regulate
food vending trucks operating within the public right-of-way.
F. To address community concerns regarding the establishment and operation
of food vending trucks within the public right-of-way, it is necessary for the City of Palm
Desert to study the potential impacts such facilities may have on the public health, safety
and welfare.
G. Based on the foregoing, the City Council finds that food vending trucks
operating in the public right-of-way prior to the completion of the City's study of the potential
impact of such facilities, poses a current and immediate threat to the public health, safety
and welfare, and that a moratorium on such operation is necessary.
H. The Community Development Director, in conjunction with the City Manager
and City Attorney, shall immediately commence to take steps to conduct a study of the
potential impacts of food vending trucks operating in the public right-of-way on the public
ORDINANCE NO. 1769
health, safety and welfare, and of possible amendments to the Palm Desert Municipal
Code.
SECTION 2. Imposition of Moratorium.
A. In accordance with the authority granted the City of Palm Desert under
Government Code sections 36937(b), the City Council hereby prohibits food vending trucks
from operating within the public right-of-way. Specifically, Palm Desert Municipal Code
subsection 5.97.110(A) is hereby revised to read as follows:
"A. No person shall vend from a Food Vending Truck which is
stopped, parked or standing on any public street, alley or highway
under any circumstances. No person shall vend from a Food Vending
Truck which is stopped, parked or standing on any public parking lot
when the following apply:"
B. Palm Desert Municipal Code subsections 5.97.110(A)(1)-(8) are unaffected
by the amendment to Palm Desert Municipal Code subsection 5.97.110(A) above.
C. This ordinance is an urgency ordinance adopted pursuant to the authority
granted to the City of Palm Desert by Government Code sections 36937(b) and is for the
immediate preservation of the public health, safety and welfare. The facts constituting the
urgency are:
(i) If not regulated as to location and operation, mobile food facilities
operating within the public right-of-way have an adverse impact on the public health, safety
and welfare as set forth in this ordinance;
(ii) The City of Palm Desert is currently evaluating whether to amend
Palm Desert Municipal Code Chapter 5.97 relating to the operation of food vending trucks
within the public right-of-way;
(iii) Absent the adoption of this urgency ordinance, the establishment and
operation of food vending trucks in the City would result in the negative and harmful
secondary effects, as identified above; and
(iv) As a result of the negative and harmful secondary effects associated
with food vending trucks, it is necessary to establish a moratorium on the operation of food
vending trucks in the public right-of-way, pending completion of the City's study of the
potential impacts of food vending trucks and possible amendments to the Palm Desert
Municipal Code.
SECTION 3. 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 Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential
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ORDINANCE NO. 1269
for resulting in physical change to the environment, directly or indirectly; it prevents changes
in the environment pending the completion of the contemplated Palm Desert Municipal
Code review.
SECTION 4. 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 5. Effective Date.
This ordinance shall become effective immediately upon adoption if adopted by at
least a four -fifths vote of the City Council.
SECTION 6. Publication.
The City Clerk shall certify to the adoption of this ordinance and cause it, or a
summary of it, to be published once in a newspaper of general circulation printed and
published within the City of Palm Desert.
PASSED, APPROVED AND ADOPTED this LOTH day of April, 2014 by the
following four -fifths vote:
AYES: BENSON, HARNIK, SPIEGEL, WEBER, AND TANNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RA ELLt D. LASSEN, ITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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VAN G. TANNER, MAYOR
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