Loading...
HomeMy WebLinkAbout35-Community Development CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: M. Margo Wheeler, Director Subject: An Ordinance of the Mayor and Common Council of the City of San Bernardino amending Sections 5.04.370, 5.04.495, 19.02.050, 19.06.030(2)(N) and Chapter 19.70 of the Municipal Code to permit community gardens with vegetable stands citywide and food carts at fixed locations in the Main Street Overlay District by a Temporary Use Permit (DCA 11-08). MCC Date: July 18, 2011 Dept: Community Development Date: June 30, 2011 Synopsis of Previous Council Action: 04/18/11 Mayor and Common Council received a report of a proposal to amend Title 5 of the Municipal Code to permit food carts and vegetable stands in community gardens and referred the matter to the Legislative Review Committee (LRC). 05/17/11 LRC considered the proposal and directed staff to initiate a Development Code Amendment for review and recommendation by the Planning Commission. Recommended Motion: That the hearing be closed and the Ordinance be laid over for final adoptio;;/ C(~ h. ~ ..(/I( 't/tJ{ Rachel Clark M. Margo Wheeler Contact person: Terri Rahhal, City Planner Phone: 3330 Supporting data attached: Staff Report & Ordinance Ward: All FUNDING REQUIREMENTS: Amount: N/A Source: Acct. Description: Finance: Council Notes: Agenda Item No. ,-g~ 07-V{'~1I Pepltu..~<<<* p~ CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION STAFF REPORT Subject: An Ordinance of the Mayor and Common Council of the City of San Bernardino amending Sections 5.04.370, 5.04.495, 19.02.050, 19.06.030(2)(N) and Chapter 19.70 of the Municipal Code to permit community gardens with vegetable stands citywide and food carts at fixed locations in the Main Street Overlay District by a Temporary Use Permit (DCA II-OS). Background: The proposed Ordinance contains amendments to Title 5 of the Municipal Code, Business Registration Regulations, and Title 19 of the Development Code. The amendments to Title 5, Sections 5.04.370 and 5.04.495 are required to permit selling of products from a cart not associated with a carnival or similar activity, or from any temporary stand. The amendments to Title 19 are proposed as Development Code Amendment (DCA) No. II-OS, to provide for food carts and community gardens with seasonal vegetable stands to be permitted subject to renewable Temporary Use Permits. On May 17, 2011, staff proposed amendments to Sections 5.04.370 and 5.04.495 to the LRC, to provide exceptions for sales facilities permitted by Temporary Use Permits (TUPs). The LRC directed staff to narrow the food cart provisions to permit them only in the downtown area, and not within 300 feet of an existing restaurant, and to proceed to the Planning Commission for review of amendments to Section 19.02.050, Definitions, Section 19.06.030(2)(N), Mobile Vendors, and Chapter 19.70, Temporary Use Permits. Summary of Ordinance: . Provides exceptions to the prohibition of sales carts and stands in Title 5 for facilities permitted pursuant to Development Code Chapter 19.70, Temporary Use Permits. . Defines Community Garden as "Any plot ofland managed and maintained by community residents or community based organizations for growing fruits, vegetables, herbs or ornamental plants for consumption and use by local residents. The garden may be divided into individual or family plots, or it may be cultivated collectively." . Provides for food carts and community gardens with seasonal vegetable stands to be permitted by Temporary Use Permits, renewable on an annual basis. . States location criteria for food carts to be permitted only in fixed locations on private property in the Main Street Overlay District (bounded by Sth Street, Rialto Avenue, 1-215 and Sierra Way), and at least 300 feet away from any existing restaurant. . Amends TUP permit process and requirements to address permits for food carts and community gardens that may have seasonal vegetable stands. Planning Commission Recommendation: The Planning Commission considered the proposed amendments to the Development Code (DCA 11-08) in a noticed public hearing on June 22, 2011. The Commission voted unanimously to recommend adoption of DCA II-OS, with Commissioners Eble, Heasley, Jimenez, Machen, Mulvihill and Rawls voting in favor of the motion. Commissioners Durr and Coute were absent. 2 The Planning Commission Staff Report (Attachment I) contains a full description and analysis of the proposed amendments to the Development Code (Title 19) as DCA 11-08, as well as a summary of the LRC recommendations and a map of the Main Street Overlay District. California Environmental Quality Act (CEQA) Compliance: The proposed Ordinance would modify definitions and permitting requirements in the Municipal Code to permit temporary sales carts, gardens and vegetable stands, with no permanent alterations to land or the environment. Therefore, the Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the CEQA Guidelines, because no direct or reasonably foreseeable indirect physical change in the environment will result from its adoption. Public Hearing Notice: Notice of the public hearing of this item was published in a 1/8 page advertisement in the San Bernardino County Sun on July 8, 2011. Financial Impact: None anticipated. Recommendation: That the hearing be closed and the Ordinance be laid over for final adoption. Attachments: 1 Planning Commission Statement of Action and 6/22/11 Staff Report 2 Ordinance 3 '" ATTACHMENT 1 <c' . ,r' CITY OF SAN BERNARDINO . . STATEMENT OF OFFICIAL PLANNING COMMISSION ACfION PROJECf Number: Development Code Amendment No. 11-08 Proposed By: City of San Bernardino Description: A proposal to amend Sections 19.02.050 and 19.06.030 (2) (N) and Chapter 19.70 of the Development Code to permit food carts at fixed locations in the Main Street Overlay District and community gardens in any land use district, subject to renewable temporary use permits. AcnON: RECOMMENDED APPROVAL Meeting Date: June 22, 2011 The Planning Commission recommended approval of Development Code Amendment No. 11-08 to the Mayor and Common Council, based on the Findings of Fact contained in the Staff Report. VOTE Ayes: Nays: Abstain: Absent: Eble, Heasley, Jimenez, Machen. Mulvihill and Rawls None None Coute and Durr 1 hereby certify that this Statement of Official Action accurately reflects the action of the pl,mn;ng .Commission of the City of San Bernardino. The matter will be referred to the Mayor and Common Council for final action on July 18, 2011. /~//') ,M M. go Wh~er; AICP Community Development Director /_/:;-/i .. ,I Date cc: Case File, Department File PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: Development Code Amendment No. 11-08 3 June 22, 2011 Citywide APPLICANT: City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 REQUESTILOCATION: A proposal to amend Sections 19.02.050 and 19.06.030 (2) (N) and Chapter 19.70 of the Development Code to permit food carts at fixed locations in the Main Street Overlay District and community gardens in any land use district, subject to renewable temporary use permits. CONSTRAINTS/OVERLA YS: The Food Cart proposal would apply only in the Main Street Overlay District ENVIRONMENTAL FINDINGS: 611 Exempt from CEQA, Section 15061(b)(3) - No Possible Significant Impact o Mitigation Measures and Mitigation MonitoringlReporting Program o Environmenta11mpact Report STAFF RECOMMENDATION: 611 Approval Recommendation to Mayor and Council o Conditions o Denial o Continuance to: DCA No.1 1-08 Food Carts & Community Gardens PC Hearing Date: June 22, 2011 Page 2 PROJECT DESCRIPTION Development Code Amendment (DCA) No. 11-08 is a proposal to revise Chapter 19.70, Temporary Use Permits, to provide for food carts and community gardens to be permitted subject to renewable Temporary Use Permits (Attachment A). Food Carts: The proposed location criteria and operating standards for food carts would limit their operations to fixed locations in the downtown Main Street Overlay District (Attachment B). The proposed location criteria would also require a separation of at least 300 feet from any restaurant, to prevent unfair competition with existing businesses. DCA No. 11-08 also contains a corresponding update to section 19.06.030 (2) (N) (Attachment C), to remove a reference to Main Street, Inc., a group that no longer exists, and to refer to Chapter 19.70 for mobile vendors to be permitted subject to a Temporary Use Permit (TUP). The food carts proposed by this application would be stationary, not mobile, but more mobile vending units may be approved under a TUP for a carnival or special event. Community Gardens: The proposed amendment would permit a community garden to be permitted in any land use district subject to a TUP. The TUP application review process, detailed in Attachment A, includes provisions for temporary structures to be approved by the TUP, such as a produce stand. A definition of "Community Garden" proposed for addition to ~19.02.050 is presented in Attachment D. Chapter 19.70 provides for the TUP application review and conditions of approval to require site improvements and operating standards necessary to prevent negative impacts on the project site or surrounding properties, including temporary parking areas, trash receptacles and collection services, fencing, signage, lighting and site maintenance. BACKGROUND . February - March 2011 - A downtown business owner inquired about setting up a hot dog cart on the site of his business. He was informed of the following provisions of the Municipal Code (Title 5 - Business Regulations) that would prohibit his hot dog cart: o 95.04.370 Seller from Booth or Stand - Peddler - Flags, Banners, Balloons, Toys, Food and Confections, prohibits selling foods and other products from a booth or stand, except in conjunction with a carnival or similar event. o ~5.04.495 Transient Merchants/Vendors and Temporary Businesses Prohibited, prohibits sales of any manufactured items, home-made products, packaged or unpackaged goods and agricultural products from a temporary stand or location. . March - April 2011 - The Healthy San Bernardino Coalition met with staff to inquire about establishing produce stands at community garden sites, to increase local access to healthy foods and to promote good health, food security and sustainability. Produce stands would be prohibited by 95.04.370 and ~5.04.495 also. DCA No. 11-08 Food Carts & Community Gardens PC Hearing Date: June 22, 2011 Page 3 . April 18, 2011 - Staff presented a proposal to amend ~5.04.370 and ~5.04.495 of the Municipal Code to the Mayor and Common Council, recommending exceptions for food carts and produce stands to be permitted subject to a TVP. The matter was referred to the Legislative Review Committee (LRC). . May 3, 2011 - The LRC reviewed the staff analysis and recommendations, including a full explanation of the County Health Department's restrictive permitting requirements for food carts (Attachment E). The LRC voiced concerns about potential litter from food cart patrons discarding cups and wrappers, as well as potentially unfair competition for restaurants operating in buildings. The LRC noted that TUPs should require trash receptacles, and that the standards should specify a buffer area around existing restaurants. There were no comments on the community garden recommendations. The matter was referred to the Planning Commission for consideration of a Development Code amendment to modify Chapter 19.70, with the caveat that food carts should be located in the downtown area only. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The proposed amendment of the Development Code is exempt from CEQA under the general rule in Section 15061(b)(3) of the CEQA Guidelines that there is no foreseeable physical effect of the proposal that could cause a significant adverse impact on the environment. The proposed amendment would permit temporary land uses and activities with no permanent alterations to land or environmental resources. ANALYSIS Food Carts: Food carts would provide a quick and convenient option for pedestrians who want a snack or beverage on the go in the downtown area. One of the goals of the City's downtown revitalization effort is to make the downtown pedestrian friendly. Food carts/coffee carts are convenient amenities that contribute to a vibrant urban downtown atmosphere. County permitting requirements for food carts are very stringent and limiting. State and County regulations are discussed in Attachment E, but the following are key requirements for approval of a food cart by the County Environmental Health Services (EHS) Division: . Must be operated at a pre-approved, fixed location. . Subject to local zoning/permitting requirements, if applicable. . Must be within 200 ft. of a restroom accessible to the operator. . EHS plan review and inspection is required. . Cart must be returned daily to an EHS-approved commissary for cleaning and storage. . Regular EHS food handling inspections are required. . Only pre-packaged foods, hot dogs, churros, nachos, popcorn, pretzels and beverages can be sold from a food cart. DCA No. 11-08 Food Carts & Community Gardens PC Hearing Date: June 22, 2011 Page 4 Given these standards, the temporary nature of the food cart use, and the direction given by the LRC, staff recommends amendment of Chapter 19.70 to permit issuance of a TUP with provisions for annual renewal for food carts operating at a fixed location, within the Main Street Overlay District (Attachment B). A current County Health Department permit and a buffer area of at least 300 feet from the nearest restaurant are also proposed requirements. Community Gardens: The Healthy San Bernardino Coalition would like to promote as many community gardens and home gardens as possible, throughout the City. There are multiple benefits to be gained from this kind of local food production, including: . More access to healthy foods in neighborhoods. . Improved food security (a reliable source of food). . Enhanced sustainability/reduced carbon emissions by eliminating transport. . Opportunities to produce affordable organic foods. . Social interaction and education from the gardening experience. . Potential maintenance/beautification of vacant lots. Although there are existing community gardens in the City, the Development Code does not define "Community Garden," nor does it identifY or classifY "Community Garden" as a land use. Attachment D contains a proposed definition of Community Garden. A community garden is a potential interim or temporary use of any vacant property with adequate soil and a water source. Temporary land uses are permitted in any land use district, subject to approval of a TUP. Therefore, the proposed DCA contains a provision to approve a community garden by a TUP that would be renewable on an annual basis. Standard provisions of Chapter 19.70 allow for a temporary structure (i.e. produce stand) to be permitted with a TOP. FINDINGS OF FACT 1. The proposed amendment is consistent with the General Plan. The proposed Development Code Amendment would provide for additional food and beverage services to be provided in the downtown Main Street Overlay District and for community gardens with produce stands to make locally grown foods available throughout the City, consistent with the following General Plan goals and policies: Goal 2.1 : "Preserve and enhance San Bernardino's unique neighborhoods." Policv 2.1.3: "Encourage future development to provide public spaces that foster social interaction. " Goal 2.3: "Create and enhance dynamic, recognizable places for San Bernardino's residents, employees, and visitors." DCA No.1 1-08 Food Carts & Community Gardens PC Hearing Date: June 22,2011 Page 5 Policv 2.3.2: "Promote development that is compact, pedestrian-friendly, and served by a variety of transportation options along major corridors and in key activity areas." Policv 5.7.8: "Design public plazas and spaces that are both comfortable and convenient. They should be well defined by surrounding buildings, located near the street for visual contact and convenience, contain abundant seating opportunities, and incorporate amenities such as distinctive focal points, public art, ample shade, and eating and entertainment possibilities." 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City. The proposed amendment would increase convenient food and beverage options in the downtown area, especially for pedestrians, by providing for food carts to be permitted at fixed locations. It would also increase access to locally-grown healthy foods throughout the City, subject to permitting requirements of the City and County that will protect public health and safety. Allowing for community gardens with produce stands and food carts in the Main Street Overlay District will serve the public interest and convenience, and would not be detrimental to public health, safety, or general welfare. CONCLUSION The purpose and the provisions of the proposed Development Code Amendment satisfy all Findings of Fact required for approval. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of Development Code Amendment No. 11-08 to the Mayor and Common Council, based on the Findings of Fact contained in the Staff Report. Respectfully Submitted, 7:- Terri Rahhal, AICP City Planner DCA No. 11-08 Food Carts & Community Gardens PC Hearing Date: June 22, 2011 Page 6 Approved for Distribution: ~/(/I( )~/6!' M. Margo Wheeler, AICP Community Development Director Attachment A Attachment B Attachment C Attachment D Attachment E Proposed Amendment of Chapter 19.70 - Temporary Uses Main Street Overlay District Map Proposed Amendment of ~ 1 9.06.030 (2) (N) - Mobile Vendors Proposed Definition of Community Garden Reports to Legislative Review Committee and Mayor and Common Council ATTACHMENT A TEMPORARY USE PERMITS - 19.70 Section 19.70.010 19.70.020 19.70.030 19.70.040 19.70.050 19.70.060 19.70.070 19.70.080 CHAPTER 19.70 TEMPORARY USE PERMITS ~ Purpose .................................................................................................................... IV -84 Pennitted Uses ........................................................................................................ IV-84 Exemptions.............................................................................................................. IV -85 Application .............................................................................................................. IV -85 Findings ... ........... .... ........ ...................... ........ ............ ...................................... .... ..... IV -85 Conditions of Approval.......................................................................................... IV-85 Condition of Site Following Temporary Use ........................................................ IV-86 Revocation............................................................................................................... IV -86 19.70.010 PURPOSE The Temporary Use Pennit allows for short-term activities which may be appropriate when regulated. 19.70.020 PERMITTED USES The following temporary uses may be permitted, subject to the issuance of a Temporary Use Permit: I. Real estate offices within approved development projects; 2. 00- and off-site contractors' construction yards in conjunction with an approved development project; 3. Trailer, coach or mobile home as a temporary residence of the property owner when a valid residential building permit is in force. The permit may be granted for up to 180 days, or upon expiration of the building permit, whichever first occurs; 4. Christmas tree sale lots; however, a permit shall not be required when such sales are in conjunction with an established commercial business holding a valid business registration certificate, provided such activity shall be only held from November 1 through December 31, subject to Chapter 5.04 of the Municipal Code; 5. Fireworks, when the latter is in compliance with Chapter 8.60 of the Municipal Code; 6. Circuses, rodeos and carnivals, subject to compliance with Chapter 5.42 of the Municipal Code; 7. Fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as auditoriums. stadiums, or other public assembly facilities; ATTACHMENT A TEMPORARY USE PERMITS -19.70 8. Emergency public health and safety needs; and 9. Similar temporary uses which, in the opinion of the Director are compatible with the land use district and surrounding land uses, pursuant to Section 19.02.070 (3) (Similar Uses Permitted). MC 972 7/4/96 10. Temporary vehicle sales and car shows may be held at the Arrowhead Credit Union Park, subject to an approved Temporary Use Permit. These activities are limited to twice per calendar year per event type, perlocation. MC 1181 9/7/04 11. Food carts. operated at fixed. pre-approved locations in the Main Street Overlav District. at least 300 feet awav from anv restaurant and under current oermits from the County Environmental Health Services Division. 12. Produce stands in community gardens. 19.70.030 EXEMPTIONS The following uses are exempt from the provisions of this chapter: 1. Temporary outdoor displays and sales, pursuant to Chapter 5.22 of the Municipal Code. 2. City-sponsored uses and activities, or activities occurring on City-owned property, occurring at regular intervals (weekly, monthly, yearly, etc.). Other City permits (building permits, encroachment permits, etc.) may be required. MC 888 1/6/94, MC 972 7/4/96 19.70.040 APPLICATION A Temporary Use Permit may be approved, modified, conditioned, or denied by the Director. The Director may refer such application to the Commission. Decisions of the Director may be appealed to the Commission pursuant to Chapter 19.52 (Hearings and Appeals). 19.70.050 FINDINGS The Director may approve or conditionally approve a Temporary Use Permit application only when all the findings contained in Section 19.36.050 (Conditional Use Permits) are made. 19.70.060 CONDmONS OF APPROVAL In approving an application for a Temporary Use Permit, the Director may impose conditions deemed necessary to ensure that the permit will be in accordance with the findings required by Section 19.36.050. These conditions may involve any pertinent factors affecting the operation of such temporary event, or use, and may include, but are not limited to: ATTACHMENT A TEMPORARY USE PERMITS -19.70 1. Provision for a fixed period not to exceed 90 days for a temporary use not occupying a structure, including promotional activities, or 1 year for all other uses or structures, or for a shorter period of time as determined by the Director. Food carts and produce stands may be permitted for one year initially. and renewed annually. subiect to verification of comoliance with conditions of aooroval and County oermit requirements. as aoolicable. MC 972 7/4/96 2. Provision for temporary parking facilities, including vehicular ingress and egress; 3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illmnination or drainage on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat; 4. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards; 5. Provision for sanitary and medical facilities; 6. Provision for solid, hazardous and toxic waste collection and disposal; 7. Provision for security and safety measures, including fencing and lighting; 9. Standards for maintenance and uokeeo. including irrigation and cutting ofolant materials; 8. Regulation of signs; 9. Regulation of operating hours and days, including limitation of the duration of the temporary use, as outlined in Condition No.1; 10. Submission of a performance bond or other surety devices, satisfactory to the City Engineer, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition; 11. Submission of a site plan indicating any information required by this Chapter; 12. A requirement that the approval of the requested Temporary Use Permit is contingent upon compliance with applicable provisions of the Municipal Code; and 13. Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this Chapter. ATTACHMENT A TEMPORARY USE PERMITS -19.70 19.70.070 CONDmON OF SITE FOLLOWING TEMPORARY USE Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of this Development Code. MC 972 7/4/96 19.70.080 REVOCATION A Temporary Use pennit may be revoked or modified by the Director if anyone of the following findings can be made: 1. That circumstances have changed so that 1 or more of the findings of fact contained in Section 19.36.050 can no longer be made; 2. That the Temporary Use Pennit was obtained by misrepresentation or fraud; 3. That 1 or more of the conditions of the Temporary Use Pennit have not been met; and 4. That the use is in violation of any statute, ordinance, law, or regulation. MC 972 7/4/96 ATTACHMENT B: MAIN STREET OVERLAY DISTRICT CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: DCA 11-08 MAIN STREET OVERLAY DISTRICT MAP HEARING DATE: June 22, 2011 u NORTH I 9TH ~5'T , '..;1III~ ~ 1II1I"IUn ...i 11II Ilif~~. AM _III. U..I..I. II.. _..I.IIIU- .IIPl\!~ ~T..H S.. T ;.......... ~l~nl.I-.~~ iiJ ...RMH-20 ;; ijlii.ml-lI) - - ... . /.. ,,' _~3ifl a'-' Stle~t Ai 1111111111111111111 11111II1111111111II . !JIIIIIIIIIII. i1 011111111111 I Ftl PF III 1II1I RM I- (f) <-' PF I- (f) Cl I- (f) ::r: AMH J CR- G' 1 oS';.. 4TH ST I- (f) W. I- (f) Cl t;,.~~F-lj..~l;':::t, ,:,;t..~ h_ Ilnlllii! 1111111= 1111111;=2"1 1......IUI= liB OIlllliii IIIIIUUIIIO lill_lIIl: 1111 CR- 2 l- ll) ATTACHMENT C COMMERCIAL DISTRICTS - 19.06 b. Professional Live/Work Units (including but not limited to Combination Residence/Office in the CO-I and CO-2 land use districts) shall be constructed, maintained, and operated as live/work units, with the following additional standards and exceptions: I) Land use activities in professional live/work units. Residential uses shall be condominium, townhome, and/or single family detached dwellings only. In addition to the land use activities prohibited in live/work units, no retail sales shall occur in a live/work unit designated as a "professional live/work unit" unless the sales products are jewelry, art products such as ceramics, paintings, graphics, pottery, sculpture, photography, or similar products, and/or the products of the occupant's primary business located in the work area on the premises. 2) Occupancy. The residential portion of a Professional LiveIWork unit shall only be occupied by the individual and his/her family that has their professional occupation or business established in the work areas of said unit. 3) Signage shall be restricted to signage attached to the dwelling and shall not exceed three (3) square feet for each dwelling unit containing a business. 4) Parking ReQuirements. One space for each 500 square feet of cumulative gross floor area; and 2 covered spaces in an enclosed garage for each professional live/work unit. N. MOBILE VENDORS Maeile '1ellOOfS may ee established eBly ill areas laeated within eeth the MaiB Street Overlay St!Bjeet 18 wFitteB llJlJlra'lal by MaiB gtfeet, IRe. SJleeifie laeatieBS shall ee aeteffi1ined by MaiD &reet, me. MC 997 7/1/97 Mobile vendors are permitted by tempOrary use permits only. in accordance with provisions of Chapter 19.70. O. MULTI-FAMILY HOUSING Refer to Section 19.04.030(2)(L). P. NEIGHBORHOOD GROCERY STORES MC 1093 4/5/01 Neighborhood Grocery Stores (with or without alcohol) may be established subject to Conditional Use Permit and shall operated in the following manner: ATTACHMENT D BASIC PROVISIONS - 19.02 City. The City of San Bernardino. QY!k. A place for outpatient medical services to human patients. Q!!!!. An association of persons (whether or not incorporated) organized for some common purpose, but not including a group organized primarily to render a service customarily carried on as a business. Clustered Subdivision. A subdivision development in which building lots are sized to conform to the "footprint" of the structures and sited closer together than conventional development, usually in groups or clusters, provided that the total density does not exceed that permitted under conventional zoning and subdivision regulations. The additional land that remains undeveloped is preserved as open space and recreation land. Private development easements around the structures are permitted for inclusion of private landscaping, pools, spas, yards, etc. Combination Residence/Office Use. A structure used for a residence and an office where no Illl\ior external structural alterations or additions are made and no advertising is permitted except for up to a 3 square foot attached sign identifYing the name of the occupant or business. Commercial Vehicle. A vehicle customarily used as part of a business for the transportation of goods or people. Commission. The Planning Commission of the City of San Bernardino. Community Anartment. A development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment located on the land. Community Care Facilitv. Consistent with Health and Safety Code (Section 1267.8) the intermediate care facility shall include provisions for developmentally disabled habilitative - nursing or congregate living. Community Garden. Anv olot of land manal!ed and maintained bv community residents or community based o11!anizations for l!J'Owing fruits. vegetables. herbs. or ornamental olants for consumotion and use bv local residents. The lZarden mav be divided into individual or familv olots. or it mav be cultivated collectivelv. Conditional UseIDevelonment Permit. A discretionary entitlement which may be granted under the provisions of this Development code and which when granted authorizes a specific use to be made of a specific property, subject to compliance with all terms and conditions imposed on the entitlement. Condominium. A development consisting of an undivided interest in common for a portion of a parcel coupled with a separate interest in space in a residential or commercial building on the parcel. ATTACHMENT E CITY OF SAN BERNARDINO Community Development Department Interoffice Memorandum FROM: Legislative Review Committee /~ /J /1 /J p~ Terri Rahhal, AICP, City Planner TO: SUBJECT: Food Carts and Produce Stands DATE: April 28, 2011 COPIES: M. Margo Wheeler, AICP, Community Development Director Background On April 18, 2011, staff provided a report to the Mayor and Common Council (Attachment I), requesting approval to propose amendments to the Municipal Code, as needed to permit food carts and produce stands in the City. The Mayor and Common Council referred this item to the Legislative Review Committee for review. Current Regulations Currently, Section 5.04.370 of the Municipal Code prohibits food carts, except in conjunction with a carnival or similar event. Section 5.04.495 prohibits selling most goods, including agricultura1 products, from a temporary stand. These requirements are in Title 5 of the Municipal Code, "Business Registration and Regulations." The current Municipal Code provision for food carts to be permitted as part of a carnival would be implemented by issuance ofa Temporary Use Permit (TOP), pursuant to Chapter 19.70 of the Development Code. A carnival or other special event would be a typical use for a TUP, which has a maximum duration of 90 days for a temporary use not occupying a structure, and 12 months for any other temporary use. Proposed Amendments Staff proposes to add exceptions to the referenced sections of Municipal Code Title 5 (Attachment 2) for food carts and produce stands to be perroitted pursuant to new perroit requirements proposed for addition to Chapter 19.70 of the Development Code (Attachment 3). Analvsis - Food Carts Initially, staff envisioned a Development Permit process to approve specific locations for food carts to be permitted on an on-going basis. Several cities were contacted to determine their permitting requirements for food carts. Of the cities we found that permit food carts, some perroit them with a TOP that is renewable. Some cities responded that their zoning code is silent on food carts, and permitting is left to the County Health Department. 05.03.]] LRC Food Carts & Produce Stands Page 2 on The Environmental Health Services Division of the County Public Health Department implements State regulations of food facilities and food handling as the Local Enforcement Agency, pursuant to the California Retail Food Code (Excerpts in Attachment 4). "Temporary Food Facility" is defined very narrowly in the regulations as a food facility "approved by the enforcement officer that operates at a fixed location for the duration of an approved community event or at a swap meet, and only as a part of the community event or swap meet." This is consistent with the current wording in Title 5 limiting food sales from temporary booths or stands to carnivals and similar events. Section 114335 (c) in the attachment further states that "Food facility requirements shall be determined by the enforcement agency based on the food service activity to be conducted, the type of food that is to be prepared or served, the length of the event, and the extent of food preparation that is to be conducted at a community event within a temporary food facility." Under this authority, the County Environmental Health Services (EHS) Division does permit outdoor food sales from carts that are not part of a community event or swap meet, subject to the following permit requirements: . Only to be operated at a pre-approved fixed location . Subject to local zoning requirements, if applicable . Location must be within 200 ft. of a restroom facility for the operator . Plan check and inspection by EHS required for approval of the cart . Cart must be returned on a daily basis to an EHS-approved commissary facility for cleaning and overnight storage. . EHS will inspect operation for compliance with food containment, temperature and handling requirements. . Currently, only pre-packaged foods, hot dogs, churros, nachos, popcorn, pretzels, and beverages are permitted to be sold from food carts not part of a "community event". Given the fact that food carts are permitted by the County and regulated by State law as temporary facilities, staff recommends that they continue to be regulated as temporary uses in the Development Code. The proposed amendment to Chapter 19.70 in Attachment 3 allows for a TUP to be granted to a food cart operated at a fixed location, subject to issuance of a permit by the County, and renewable annually, subject to verification of a current County permit. Analysis - Produce Stands A produce stand operated by the producer(s), on property controlled by the producer(s) that does not offer prepared foods or sampling is not considered a "Food Facility" subject to EHS enforcement of the California Retail Food Code. Food sampling triggers sanitary facility requirements as a "Farm Stand" subject to Section 114375 of the State regulations. The staff recommendation to permit produce stands at community gardens would be consistent with State and County requirements, and in most cases, would not require a permit as a "Food Facility." Therefore, staff recommends a renewable TUP for produce stands, similar to the food cart TUP, also included in the proposed amendment to Chapter 19.70. 05.03.11 LRC Food Carts & Produce Stands Page 3 on Recommendation Staff recommends that the Legislative Review Committee: I Recommend the proposed amendments to Title 5 of the Municipal Code to the Mayor and Common Council; and 2 Provide direction to staff for preparation of a Development Code Amendment to define the permit process and standards for food carts and produce stands; and 3 Refer the Development Code Amendment to the Planning Commission for a public hearing and recommendation to the Mayor and Common Council. Attachments I April 18, 20 II Request for Council Action 2 Proposed Revisions to Title 5 of the Municipal Code 3 Proposed Revisions to Development Code Chapter 19.70 4 Excerpts from the CA Retail Food Code ATTACHMENT 1 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: M. Margo Wheeler, Director Subject: Municipal Code Amendment to permit food carts and vegetable stands. Dept: Community Development Date: April 5, 2011 MCC Date: April 18, 2011 Synopsis of Previous Council Action: Recommended Motion: That the matter be referred to the Legislative Review Committee for review. /i(AJd& Coutact Penon: Terri Rahha1, City Planner Phone: 5357 Supporting data attached: Staff Report; Ward(s): Citywide FUNDING REQUIREMENTS: Amount: N/A Source: Acet. Description: Finance: Council Notes: Agenda Item No. ~ ~tf,/~~;M// CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Municipal Code Amendment to permit food carts and vegetable stands. Baektmlund: Several sections in Title 5 of the Municipal Code regulate and restrict various forms of soliciting, peddling and selling goods from a temporary stand or booth. In particular, Section 5.04.370 Seller from Booth or Stand - PeddIer- Flags, Banners, Balloons, Toys, Food and Confections, prohibits selling foods and other products from a booth or stand, except in conjunction with a carnival or similar activity. Section 5.04.495 Transient MerchantslVendors and Temporary Businesses Prohibited, prohibits sales of any manufactured items, home-made products, packaged or unpackaged goods, and agricultural products from a temporary stand or other temporary location in any public right-of-way, or other public place, or in any unenclosed building, building for which no certificate of occupancy has been issued, vacant lot, driveway, parking lot or parcel of land, either paved or unpaved, at any time. Staff has been approached by parties interested in introducing food carts or coffee carts in commercial areas. Also, the Healthy San Bernardino Coalition supports community gardening as an ideal way to increase access to healthy, locally grown produce. Produce stands are vital to this access, and also provide revenue for continuing operation of the gardens. Analvsis: The Municipal Code Sections cited above serve to prohibit transient vendors on street comers and vendors with push-carts throughout the city. They also prohibit any outdoor food carts or temporary produce stands of any kind. Staff is investigating other cities' regulations and permitting processes for these uses, and would like to recommend standards and a permit process for certain food carts to be located in specific locations and for temporary produce stands to be permitted at community gardens as an amendment to the Development Code. The conflicting sections in Title 5 of the Municipal Code would have to be amended also, subject to the review and recommendation of the Legislative Review Committee of the Council. Financial Imnad: None Recommendation: That the matter be referred to the Legislative Review Committee for review. ATTACHMENT 2 5.04.370 Seller from booth or stand - Peddler - Flags, banners, balloons, toys, food and confections. For every person, firm or corporation engaged in conjunction with a carnival or similar activity to carrying on the business of a seller from a booth or stand, or a peddler who sells or offers for sale flags, banners, balloons, canes, horns, trumpets, musical or noise-making instruments of any kind, toys, badges, buttons, shoestrings, hairpins, lead pencils, combs, similar trinkets and items, souvenirs of any kind, hot dogs, hamburgers, tacos, burritos, soft drinks, ice cream, ice milk, popcorn, cotton candy, candy apples, snow cones, and any similar food or confection, or any combination thereof, the fee shall be established by resolution of the Mayor and Common Council. It shall be unlawful to engage in the carrying on of the business listed in this section other than in conjunction with a carnival or similar activity, or as permitted pursuant to Chapter 19.70. A person with a business registration certificate to sell ice cream or ice milk products from a vehicle or a cart under Section 5.04.375 shall be exempt from the fees imposed in this section. (Ord. MC-817, 1-6-92; Ord. MC-744, 10-6-90; Ord. MC-460, 5-13-85; Ord. MC- 302, 9-6-83) 5.04.495 Transient merchants/vendors and temporary businesses prohibited. A. It shall be unlawful for any person or persons to offer for sale, trade, or barter, to create, to possess items to be sold, traded, or bartered, or to sell, trade, or barter any items including but not limited to manufactured items, homemade items, packaged and unpackaged goods, commodities, food, agricultural products, vehicles, furniture, or any other item or to offer any service, from a temporary stand, or other temporary location, upon any public street, alley, sidewalk, right-of-way, easement, or other public place, doorway of any room or building, unenclosed building, building for which no certificate of occupancy has been issued, vacant lot, front or side yard, back yard, (except as permitted in chapter 5.68 of this title), driveway, parking lot, or parcel of land, either paved or unpaved at any time, except as permitted pursuant to Chapter 19.70.