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HomeMy WebLinkAboutPC Reso 13-7 (TA Mobile Food Trucks) 1 P.C. RESOLUTION NO. 13-7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVE AN AMENDMENT TO THE MUNICIPAL CODE TO ALLOW AND REGULATE MOBILE FOOD VENDORS WITHIN THE CITY OF HERMOSA BEACH, CREATE AN ADMINISTRATIVE PERMIT PROCESS WITHIN THE ZONING CODE, AND VARIOUS AMENDMENTS FOR CONSISTENCY, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. The Planning Commission hereby resolves and orders as follows: SECTION 1. On February 14, 2012, the City Council directed City staff to return with a plan to allow mobile food vendors within the City of Hermosa Beach. SECTION 2. On October 16 and November 20, 2012, and March 19, 2013, the Planning Commission held public hearings on a proposal to allow and regulate mobile food vendors at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. SECTION 3. In accordance with Hermosa Beach Municipal Code Section 17.66.060, the Planning Commission finds the zone text amendment which proposes in part to amend the zoning code to allow and regulate mobile food vendors on private property is necessary to serve the public health, safety and general welfare by providing standards and measures to ensure compatibility with neighboring uses and reduce impacts on the environment; and amendment of other portions of the code will protect public safety and clarify how these uses are regulated at City facilities. SECTION 4. The Planning Commission concurs with the Environmental Assessment/ Initial Study, that this project will result in a less than significant impact on the environment for the reasons stated in the Negative Declaration and Initial Study, a Negative Declaration has been prepared in accordance with the California Environmental Quality Act, and the project will not impact fish or wildlife or the habitat on which it depends. The Planning Commission hereby recommends City Council adopt the Negative Declaration. SECTION 5. Based on the foregoing, the Planning Commission of the City of Hermosa Beach hereby recommends City Council approval of a text amendment to allow and regulate mobile food vendors including establishing an administrative permit process as follows: A. Section 10.32.350 is added to Chapter 10.32 of Title 10 of the Hermosa Beach Municipal Code to read as follows: 10.32.350 Mobile Food Vendors. A. Authority. This section is adopted pursuant to the authority granted to the City of Hermosa Beach by Section 22455 of the California Vehicle Code, which permits local authorities to regulate the type of vending and the time, place and manner of vending from vehicles upon the street in order to promote public safety. B. Definitions. For purposes of this section, the following words or phrases shall have the following meanings: "Food or food products" means any type of edible substance or beverage. "Mobile food vendor" means a person that operates or assists in the operation of a vending vehicle. 2 "Vend" or "vending" means to sell, offer for sale, display, barter, exchange, or otherwise give food or food products from a vending vehicle. "Vendor" means a person who vends, including an employee or agent of a vendor. "Vending vehicle" means any motor vehicle which vends directly to any consumer; provided that “vending vehicle” shall not include a delivery vehicle that only delivers pre-ordered and pre-packaged food or beverage products to delivery customers and does not vend from the vehicle, or legally parks and vends for ten minutes or less. C. Standards and Limitations. A mobile food vendor may locate its vehicle in the public right-of-way in compliance with the following standards and limitations: 1. The vending vehicle shall be in full compliance with all Municipal Code and state law provisions that apply to the location at which it is parked, including without limitation the California Vehicle and Streets and Highways Codes. Vending vehicles may occupy more than one parking space, unless prohibited by other provisions of the Code or signed restrictions applicable to the subject parking space or block, provided that all regulations are complied with and parking meter/space fees for each space are paid. 2. Vending shall not be permitted until the vehicle has been brought to a complete stop and parked adjacent to the curb in a lawful manner. No vending vehicle shall vend from any no parking, no stopping, or loading zone of any type. 3. Vending is prohibited on the exposed street and/or traffic side of the vending vehicle. Vending vehicles shall not be located in a manner that causes any customer to stand in the street, on private property, in a landscaped area, median or divisional island, on a driveway, in a parking space, or other location that is not designed for pedestrians. 4. Vending vehicles shall not vend from sidewalks that are less than seven feet in width including curb. 5. Vending is permitted only between the hours of 7:00 a.m. and 11:00 p.m. within or adjacent to commercial zones on Pier Avenue between Hermosa Avenue and Ardmore Avenue and on Hermosa Avenue between 8th Street and 14th Street; between 7:00 a.m. and 10:00 p.m. within or adjacent to commercial zones in other areas of the city; and between 9:00 a.m. and 8:00 p.m. within or adjacent to residential zones. However, vending is prohibited at any time from any parking space in any area where residential zoning is located on both sides of any street with one vehicular lane or less in each direction parallel to the parking space. 6. The vending vehicle shall not operate within fifty feet of any intersection controlled by a traffic light or stop sign on any corner, measured from the projection of the street surface through the intersection, or within fifty feet of any crosswalk regardless whether there is an intersection. 7. The vending vehicle shall be located a minimum of three hundred feet from the nearest property line of any property on which a public school building is located between the hours of 7:00 a.m. and 6:00 p.m. of any school day. 8. The mobile food vendor shall not encroach onto a public sidewalk or the public right-of-way with any part of its vending vehicle or any equipment or furniture related to the operation of the business, excluding a trash receptacle placed immediately adjacent to the vending vehicle if not contained within the vehicle and accessible to customers. No portable handwashing or toilet facilities shall be utilized. 9. The mobile food vendor and the vending vehicle shall not provide audio or visual media for the purposes of attracting or entertaining customers. 10. The mobile food vendor shall not serve or provide alcoholic beverages of any type. 11. No vending vehicle shall attach to or receive any utilities from private or public property. 12. Restocking of a vending vehicle located on a public right-of-way is prohibited. 13. The mobile food vendor shall maintain and display a valid business license issued by the City and a valid permit from the Los Angeles County Department of Public Health. 14. All food products sold or provided by the mobile food vendor shall comply with all applicable food labeling requirements established by the State of California and the mobile food vendor 3 shall obtain all required permits, including without limitation, health permits, to sell or provide such items. 15. All food vending vehicles shall be equipped with or supply adjacent to the vehicle refuse containers adequate to contain all refuse generated by the operation of such vehicle. The operator of the food vending vehicle shall pick up all refuse generated by the operation within a twenty-five foot radius of the vehicle before the vehicle is moved. D. Compliance with State and Local Laws. 1. Mobile food vendors shall comply with all applicable state and local laws. Where regulations conflict, the most restrictive shall apply. 2. The vending vehicle and its operation shall comply with Chapter 8.44 of this Code and shall not discharge liquid or solid waste to the environment or municipal storm water system. 3. Mobile food vendors shall comply with Chapter 8.64 of this Code and shall not dispense food or beverages in polystyrene food service ware. 4. This section is not intended to be enforced against food vendors who operate human powered push carts and other non-self-propelled vehicles, or delivery vehicles that deliver pre-ordered and pre- packaged orders to specific locations and do not vend from the vehicle, or that legally parks and vends for ten minutes or less. Such vendors may be regulated by other provisions of this Code or state or local laws. 5. Nothing in this chapter shall prevent the City from creating mobile food vendor vehicle vending zones, allowing mobile food vendors pursuant to a special event permit, or as otherwise allowed by the Code. B. Section 10.32.170 of Chapter 10.32 of Title 10 of the Hermosa Beach Municipal Code is amended to read as follows: 10.32. 170 Vendors' Wagons and Pushcarts--Parking and Standing. Except as otherwise provided in Sections 10.32.180 to 10.32.200 and 10.32.350, no person shall stand or park any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating cart or vehicle, on any portion of any street within this city except that such vehicles, wagons or pushcarts may stand or park within a legal parking space only at the request of a bona fide purchaser for a period of time not to exceed ten minutes at any one place. The provisions of this section shall not apply to persons delivering such articles upon order of or by agreement with a customer from a store or other fixed place of business or distribution. C. Section 10.32.180 of Chapter 10.32 of Title 10 of the Hermosa Beach Municipal Code is amended to read as follows: 10.32. 180 Vendors' Wagons and Pushcarts--Designation of Standing Location. Except as otherwise provided in Section 10.32.350, no person shall park or stand on any street any lunch wagon, eating cart or vehicle or pushcart from which tamales, peanuts, popcorn, candy or other articles of food are sold or offered for sale without first obtaining a permit to do so from the city council. The city traffic engineer shall designate the specific location in which such cart shall stand. D. Section 10.28.140 of Chapter 10.28 of Title 10 of the Hermosa Beach Municipal Code is added to read as follows: 10.28.140 Mobile Food Vendor Vending Zones. The City Council may following a public hearing by resolution establish mobile food vendor vending zones on the public right-of-way and at City facilities and parks. 4 E. Subsection C.5 of Section 10.28.010 of Chapter 10.28 of Title 10 of the Hermosa Beach Municipal Code is amended to read as follows: 5. A description or diagram showing the proposed location of the event, including all temporary facilities/structures/signage/equipment to be erected, ingress and egress, number and type of vehicles and whether existing structures/facilities are to be relocated or modified. The diagram and description shall include information on the location, type and number of any mobile food vendors, whether motorized or powered by other human or other means, proposed as part of the event. F. Subsection W is added to Section 12.28.030 of Chapter 12.28 of Title 12 of the Hermosa Beach Municipal Code to read as follows: W. Vend any product by means of a mobile food vendor vending vehicle or device, whether motorized or powered by other means, except when authorized pursuant to a special event permit, authorized by a permit issued to a group or organization, or at such place specifically designated by the City. Mobile food vendors allowed pursuant to a special event permit or authorized by a permit issued to a group or organization shall comply with the regulations in Sections 17.42.140(C) or 10.32.350(C) to the extent deemed applicable by the City. Delivery and catering vehicles that legally park in a parking space and by pre-arrangement deliver pre-ordered and pre-packaged orders to an event, group or person, and do not vend from the vehicle are exempt. G. Chapter 17.55 is added to Title 17 of the Hermosa Beach Municipal Code to read as follows: Chapter 17.55 Administrative Permits. 17.55.010 Authority to grant. The Community Development Department may grant administrative permits for all such uses and matters required by this Title to be reviewed and allowed only upon the granting of an administrative permit. 17.55.020 Purpose. The purpose of an administrative permit is to ensure that a proposed use or matter for which an administrative permit is required complies with the standards, limitations and other regulations applicable to the subject use or matter. 17.55.030 Application filing. Prior to the establishment of any use or grant of any or entitlement for which an administrative permit administered by this section is required by this Title or Code, an application for an administrative permit, signed by a property owner, lessee or business owner shall be filed with the Community Development Department upon a form furnished by the department. The application shall include a site plan, drawings and information in sufficient detail to demonstrate compliance with the regulations applicable to the subject use or matter, accompanied by a fee set by Resolution of the City Council. 17.55.040 Report of decision and findings. Not more than thirty (30) days following the filing of a complete application for an administrative permit, the Community Development Director shall issue the administrative permit upon determining the request complies with the standards, limitations and other regulations in the governing section, which may include the imposition of conditions and limitations to ensure the permit is consistent with said requirements and protects the public health, safety and welfare; or the Director shall deny the application and provide the applicant a written statement of the reasons the permit cannot be issued. The applicant shall be advised in writing of the right to appeal the Director’s decision pursuant to Section 17.55.050. 5 17.55.050 Effective date--Appeals. A. Decisions of the Community Development Director may be appealed to the Planning Commission by filing an appeal within fifteen (15) days of the Director’s decision, provided that upon affixing the signature of the applicant to an issued permit, the permit shall become effective and the right to appeal shall be waived. Appeals shall be filed in writing with the Community Development Department accompanied by a fee set by resolution of the City Council. Notice of hearing shall be given to the applicant at least ten (10) days prior to the hearing, unless the applicant agrees to waive the requirement so that the matter may be heard at an earlier time. The Commission’s review shall be limited to a determination of whether the application complies with the requirements of the governing section. The filing of an appeal within such time shall stay the effective date of the decision until the Commission has acted on the appeal. The Commission’s decision shall be final and conclusive, unless the governing section specifically provides for a direct or subsequent appeal to the city council. B. Appeals to the City Council shall be filed with the City Clerk accompanied by a fee set by resolution of the City Council. The filing of an appeal within ten (10) days shall stay the effective date of the decision until the Council has acted on the appeal as hereinafter set forth in this title. Upon receipt of a written appeal, the Planning Commission shall transmit to the Council the Planning Commission's complete record of the case. Notice of hearing shall be given to the applicant at least ten (10) days prior to the hearing, unless the applicant agrees to waive the requirement so that the matter may be heard at an earlier time. The Council shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed unless requested by the applicant. The Council’s review shall be limited to a determination of whether the application complies with the requirements of the governing section. The Council shall announce its findings within forty (40) calendar days of the hearing, unless good cause is found for an extension, and the decision shall be mailed to the applicant. The Council’s decision shall be final and conclusive. 17.54. 060 Reapplication upon denial. After the denial of an administrative permit has become final, no further application for the same administrative permit shall be filed for the same property for the ensuing six months, unless the project has been revised so as to eliminate the decision making body’s previous objections to the project. Said revision shall require a completely new application process and payment of fees. 17.54. 070 Revocation. Any administrative permit may be revoked by the director or the decision making body for any of the following causes: A. That any term or condition has not been complied with; B. That the property for administrative permit has been granted is used or maintained in violation of any statute, law, regulation or condition of approval; C. That the use for which the administrative permit was granted has not been exercised for at least twelve (12) consecutive months, or has ceased to exist, or has been abandoned; or D. That the use for which the administrative permit was granted has been so exercised as to be detrimental to the public health or safety or so as to constitute a nuisance. A hearing to show cause why the permit should not be revoked shall be held by the issuing body prior to the revocation of any administrative permit. Written notice shall be provided the permit holder at least ten (10) days prior to the hearing stating the reasons therefore. 17.54.070 Expiration. An administrative permit shall expire at the conclusion of the permitted use or activity, not to exceed one year from the effective date if no expiration or term is stated therein, and the property shall thereafter be used in compliance with the provisions of this Title and Code. 6 H. Section 17.42.140 is added to Chapter 10.42 of Title 17 of the Hermosa Beach Municipal Code to read as follows: 17.42.140 Temporary Uses - Mobile Food Vendors. A. Definitions. For purposes of this section, the following words or phrases shall have the following meanings: "Food or food products" means any type of edible substance or beverage. "Mobile food vendor" means a person that operates or assists in the operation of a vending vehicle. "Vend" or "vending" means to sell, offer for sale, display, barter, exchange, or otherwise give food or food products from a vending vehicle or device. "Vendor" means a person who vends, including an employee or agent of a vendor. “Vending device” means any cart, wagon or vehicle other than a vending vehicle that provides food or beverage directly to any customer. "Vending vehicle" means any motor vehicle which vends directly to any consumer; provided that “vending vehicle or device” shall not include a delivery or catering vehicle that only delivers pre-ordered and pre-packaged food or beverage products to delivery customers. B. Administrative Permit required. 1. Mobile food vendors may be permitted with an administrative permit pursuant to Chapter 17.54 in the C-2 and C-3 zones, in SPA zones that allow C-3 uses, and in R zones on property developed with nonresidential uses. Mobile food vendors are allowed without an administrative permit in OS zones accessory to Hermosa Beach City School District facilities compliant with the regulations in this section, provided the use is approved by the school principal. 2. The application shall specify the specific days and hours for which the use is requested. 3. The administrative permit shall be issued only to the property owner, business owner or business license holder, and the permit holder shall be physically present on the property for the duration of the use including set up and break down. 4. The proposed use may be conditioned to mitigate impacts to the surrounding area and provision of services, relating to number of people, traffic generated, type and volume of amplified music or entertainment, day of week and hours, sanitation, environment, concentration of activity and events during the same time period, availability of city services to protect the health, safety and welfare of the public and property, compliance with other provisions of law, and other similar considerations. 5. If the subject property is governed by a conditional use permit or parking plan, the administrative permit shall not be approved unless the proposed use is timed and designed so it does not conflict with the purpose of the CUP and/or Parking Plan. 6. The duration of any issued administrative permit shall not exceed one hundred eighty (180) calendar days. 7. The administrative permit may be revoked or modified with only a 24-hour notice to the holder of the administrative permit; provided, however, that an administrative permit may be immediately revoked and the event ordered concluded at any time during the course of the event by the highest ranking police officer on duty at the time upon his/her determination that the event is causing a violation of State law or is violating one or more conditions of approval, or a determination that the event has become a threat to public safety. 8. In the event an administrative permit event has been revoked or documented problems have occurred or not been timely abated, the Community Development Director may deny a future application for a similar event on the same property within a one year period. 9. Any deviation from the standards and limitations in subsection C of this section shall require a conditional use permit in compliance with Chapter 17.40. C. Standards and limitations. Mobile food vendors may be permitted with an administrative permit subject to compliance with the following standards and limitations: 1. All elements of the use shall be contained on the subject site. 7 2. The number of mobile food vendors operating accessory to onsite uses during is limited to a maximum of two vendors, at a rate of one vendor per ten parking spaces excluding spaces occupied by vending vehicles, vending devices, the vending operation and disabled spaces. The number of mobile food vendors operating when primary uses on the site are closed for business is limited to a maximum of six vendors at a rate of one vendor per ten parking spaces for the first four vendors, excluding spaces occupied by vending vehicles or devices and disabled spaces. 3. Mobile food vendors shall not operate from the subject property for a cumulative total of more than thirty days per calendar year and not more than three days in any week. 4. Vending is permitted only between the hours of 10:00 a.m. and 9:00 p.m. 5. Mobile food vendors shall maintain and display a valid business license issued by the City and a valid permit issued by the Los Angeles County Department of Public Health. 6. All food products sold or provided by the mobile food vendor shall comply with all applicable food labeling requirements established by the State of California and the mobile food vendor shall obtain all required permits, including without limitation, health permits, to sell or provide such items. 7. The mobile food vendor shall be located a minimum of three hundred feet from any public school property between 7 a.m. and 6 p.m. on school days unless the school principal has been consulted and any concerns are mitigated to the satisfaction of the City. A school principal may grant a mobile food vendor written permission to vend on school property and the mobile food vendor shall maintain a copy of the authorization for inspection by the City upon request. 8. The use shall be designed to provide safe, accessible pedestrian ways a minimum of four feet wide, without encroaching on landscaping, required parking spaces and vehicular ways. A physical barrier or layout plan may be may be required to reduce conflicts to the satisfaction of the Community Development Director. Temporary tables and seating may be provided. 9. Mobile food vendors shall not serve or provide alcoholic beverages of any type. 10. Control over attendance is the responsibility of the permittee. Advertising and media to attract people to the event shall be moderated to reduce the potential for impacts. Adequate security shall be provided. 11. Audio or visual media shall not be provided for the purposes of attracting or entertaining customers. Unamplified acoustic background music may be provided, including a maximum of three musicians at any one time. 12. Control over attendance is the responsibility of the permittee. Advertising and media to attract people to the event shall be moderated to reduce the potential for impacts. Adequate security shall be provided. 13. Temporary signs may be provided during the event, not to exceed one sign per one hundred feet of street frontage with a maximum of two signs per frontage, not to exceed sixteen square feet per sign. Additional temporary signage may be permitted with a sign permit issued in compliance with Chapter 17.50. 14. Any lighting shall be shielded, downcast and directed onto the subject property. No strobes or moving lights are permitted. 15. If the duration of the use exceeds one (1) hour or if seating is provided, then restroom access for both employees and customers shall be provided on the property or a contiguous property for the duration of the use with directional signs thereto. No portable restrooms are allowed. 16. The use shall provide refuse containers proximate to the use adequate to contain all refuse generated by the operation of the use. The operator shall pick up all refuse generated by such operation prior to vacating the site. 17. The site shall be cleaned of litter and any other evidence of the use on completion or removal of the use, and shall thereafter be used in compliance with the provisions of this Title. 18. The use shall otherwise comply with all applicable state and local laws. Where regulations conflict, the most restrictive shall apply.