HomeMy WebLinkAboutORD 1299ORDINANCE 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 Ono
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. an
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G:\CityClrk\Gloria Sanchez\ORDINANCES\Ord No. 1299 - Food Vending Trucks - Temp Permitted 12312016.doc
ORDINANCE NO. 1299
K. Food vending trucks shall only operate Monday through Sunday as
follows:
October 1st through April 30th: nine a.m. to five p.m.
2. May 1st 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.)
GACityClrk\Gloria Sanchez\ORDINANCES\Ord No. 1299 - Food Vending Trucks - Temp Permitted 12312016.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 am
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 10th day of December, 2015, by
the following vote, to wit:
AYES: JONATHAN, WEBER, and SPIEGEL
NOES: TANNER
ABSENT: HARNIK
ABSTAIN: NONE one
too
OBERT A. SPIEGEL, AYOR
ATTEST:
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RA L D. KLASSE ITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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GACityClrk\Gloria Sanchez\ORDINANCES\Ord No. 1299 - Food Vending Trucks - Temp Permitted 12312016.doc