HomeMy WebLinkAbout14-Community Development ORIGINAL
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
Dept: Community Development amending Sections 5.04.370, 5.04.495,
19.02.050, 19.06.030(2)(N) and Chapter 19.70 of
Date: June 30, 2011 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
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 adoption.,
j
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: e 7 ZZ 3�
Agenda Item No
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CITY OF SAN BERNARDINO—REQUEST 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 11-08).
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. 11-08, 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 of land 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 8th Street, Rialto Avenue, I-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 11-08, 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 1) 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
- CITY OF SAN BERNARDINO ATTACHMENT 1
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
PRO_
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.
ACTION: 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: Eble,Heasley,Jimenez,Machen,Mulvihill and Rawls
Nays: None
Abstain: None
Absent: Coute and Durr
I hereby certify that this Statement of Official Action accurately reflects the action of the
Planning 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. Margo Wheeler, AICP Date
Community Development Director
cc: Case File,Department File
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE: Development Code Amendment No. 11-08
AGENDA ITEM: 3
HEARING DATE: June 22, 2011
WARD: Citywide
APPLICANT:
City of San Bernardino
300 North"D" Street
San Bernardino, CA 92418
REQUEST/LOCATION:
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/OVERLAYS:
The Food Cart proposal would apply only in the Main Street Overlay District
ENVIRONMENTAL FINDINGS:
a Exempt from CEQA, Section 15061(b)(3)—No Possible Significant Impact
• Mitigation Measures and Mitigation Monitoring/Reporting Program
• Environmental Impact Report
STAFF RECOMMENDATION:
0 Approval Recommendation to Mayor and Council
❑ Conditions
❑ Denial
❑ Continuance to:
............
DCA No. 11-08 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:
❑ §5.04.370 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.
❑ §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 §5.04.370 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 TUP. 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 TUP.
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."
Policy 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. 11-08 Food Carts&Community Gardens
PC Hearing Date:June 22,2011
Page 5
Policy 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."
Policy 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,
Terri Rahhal, AICP
City Planner
DCA No. 11-08 Food Carts&Community Gardens
PC Hearing Date:June 22,2011
Page 6
Approved for Distribution:
X"/( ),,--
M. Margo Wheeler, AICP
Community Development Director
Attachment A Proposed Amendment of Chapter 19.70—Temporary Uses
Attachment B Main Street Overlay District Map
Attachment C Proposed Amendment of§19.06.030 (2) (N)—Mobile Vendors
Attachment D Proposed Definition of Community Garden
Attachment E Reports to Legislative Review Committee and Mayor and Common Council
ATTACHMENT A
TEMPORARY USE PERMITS— 19.70
CHAPTER 19.70
TEMPORARY USE PERMITS
Section Page
19.70.010 Purpose.................................................................................................................... IV-84
19.70.020 Permitted Uses........................................................................................................ IV-84
19.70.030 Exemptions.............................................................................................................. 1V-85
19.70.040 Application.............................................................................................................. IV-85
19.70.050 Findings................................................................................................................... IV-85
19.70.060 Conditions of Approval.......................................................................................... N-85
19.70.070 Condition of Site Following Temporary Use........................................................ IV-86
19.70.080 Revocation............................................................................................................... N-86
19.70.010 PURPOSE
The Temporary Use Permit 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:
1. Real estate offices within approved development projects;
2. On- 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,per location. MC 11819/7/04
11. Food carts operated at fixed pre-approved locations in the Main Street Overlay District, at
least 300 feet away from any restaurant and under current permits from the Countv
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 CONDITIONS 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
pgn�mtted for one year initially and renewed annually subject to verification of compliance
with conditions of approval and Comply permit requirements as applicable
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 glaze or direct
illumination 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 upkeep including irrigation and cutting of plant 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 CONDITION 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 permit may be revoked or modified by the Director if any one 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 Permit was obtained by misrepresentation or fraud;
3. That 1 or more of the conditions of the Temporary Use Permit have not been met;and
4. That the use is in violation of any statute,ordinance, law,or regulation. MC 972 7/4/96
CITY OF 1 •
PLANNING DIVISION
PROJECT: 1 1 :
OVERLAY MAIN STREET DISTRICT •
HEARING DATE: 1
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ATTACHMENT C
COMMERCIAL DISTRICTS— 19.06
b. Professional Live/Work Units (including but not limited to Combination
Residence/Office in the CO-1 and CO-2 land use districts) shall be
constructed, maintained, and operated as live/work units, with the
following additional standards and exceptions:
1) 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) OccupancX. The residential portion of a Professional Live/Work
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
Mobile vendors may be establis-heed only in afeas loeated IA41iin both the Main Stfeet.
Over4ay ----'-;e— — -wit4en approval by Main Street, Ine. Speeifie loeations sWl-be
detefmimed by Main S#eet1 IBW. MG 997 7/7 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
Cam. The City of San Bernardino.
Clinic. A place for outpatient medical services to human patients.
Club. 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
major 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.
CommuniiW Apartment. 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 Facility. 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. Any plot of land managed and maintained by community residents or
communitv based organizations for growing faits vegetables herbs or ornamental plants for
consumption and use by local residents The garden may be divided into individual or familY DIOtS.
or it may be cultivated collectively.
Conditional Use/Development 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
TO: Legislative Review Committee
FROM: Terri Rahhal, AICP, City Planner
SUBJECT: Food Carts and Produce Stands
DATE: April 28, 2011
COPIES: M. Margo Wheeler, AICP, Community Development Director
Back round
On April 18, 2011, staff provided a report to the Mayor and Common Council (Attachment 1),
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
agricultural 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 of a Temporary Use Permit (TUP), 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 permitted pursuant to new permit
requirements proposed for addition to Chapter 19.70 of the Development Code (Attachment 3).
Analysis—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 permit
them with a TUP that is renewable. Some cities responded that their zoning code is silent on food
carts, and permitting is left to the County Health Department.
05.03.11 LRC
Food Carts&Produce Stands
Page 2 of 3
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 of 3
Recommendation
Staff recommends that the Legislative Review Committee:
1 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
1 April 18, 2011 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.
M. Margo Wheeler
Contact Person: Terri Rahhal,City Planner Phone: 5357
Supporting data attached: Staff Report; Ward(s): Citywide
FUNDING REQUIREMENTS:
Amount: N/A
Source:
Acct. Description:
Finance:
Council Notes:
Agenda Item No. _
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Municipal Code Amendment to permit food carts and vegetable stands.
Background:
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— 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 activity. Section 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 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.
Analysis:
The Municipal Code Sections cited above serve to prohibit transient vendors on street corners
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 Impact:
None
Recommendation:
That the matter be referred to the Legislative Review Committee for review.
I
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.
I ORDINANCE NO.
2 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 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 FOOD CARTS SUBJECT
4 TO SPECIFIED LOCATION CRITERIA AND COMMUNITY GARDENS WITH PRODUCE
STANDS BY TEMPORARY USE PERMITS.
5
6 WHEREAS, there are parties interested in operating food and beverage carts in the City of San
7 Bernardino as business opportunities that would serve the public convenience; and
8 WHEREAS, the Environmental Health Services Division of the San Bernardino County Health
9 Department has a permit process for food and beverage carts meeting specific criteria, including
10 operation at pre-approved fixed locations; and
11 WHEREAS, the Healthy San Bernardino Coalition has requested assistance from the City to
12 facilitate establishment of community gardens to improve access to healthy, locally grown produce; and
13 WHEREAS, adding a definition and permitting process for community gardens to the Municipal
14 Code (Development Code) with provisions for temporary produce stands will facilitate establishment of
i
15 community gardens and promote production and consumption of locally-grown foods; and
i
16 WHEREAS, amendment of Sections 19.02.050 and 19.06.030(2)(N) and Chapter 19.70 of the
17 Development Code will provide for permitting food and beverage carts at fixed locations and
18 community gardens with produce stands by Temporary Use Permits; and
19 WHEREAS on June 22, 2011, the Planning Commission of the City of San Bernardino held a
20 noticed public hearing to consider public testimony and a staff report recommending the proposed
21 amendments to the City Development Code, and recommended that the Mayor and Common Council
22 adopt the amendments as proposed; and
23 WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of
24 the proposed Ordinance was published in The Sun newspaper on July 8, 2011;
25
26 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
27 BERNARDINO DO ORDAIN AS FOLLOWS:
s
1 ��
1 SECTION 1. The Mayor and Common Council finds that the above-stated Recitals are true and
2 hereby adopts and incorporates them herein.
3
SECTION 2. Findings of Fact.
4
5 A. The Ordinance amending the Development Code is consistent with the General Plan of
6 the City of San Bernardino. The proposed Ordinance would provide for additional food and beverage
7 services to be provided in the downtown Main Street Overlay District and for community gardens with
8 produce stands to make locally grown foods available in the City of San Bernardino, consistent with the
9 following General Plan goals and policies:
Goal 2.1: "Preserve and enhance San Bernardino's unique neighborhoods."
to
Policy 2.1.3_: "Encourage future development to provide public spaces that foster social
11
interaction."
12
Goal 2.3: "Create and enhance dynamic, recognizable places for San Bernardino's residents,
13
employees, and visitors."
14
Policy 2.3.2: "Promote development that is compact, pedestrian friendly, and served by a variety
15
16 of transportation options along major corridors and in key activity areas."
17 Policy 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
18
convenience, contain abundant seating opportunities, and incorporate amenities such as
19
20
distinctive focal points, public art, ample shade, and eating and entertainment possibilities."
21 B. The proposed Ordinance amending the Municipal Code will not be detrimental to the
22 public interest, health, safety, convenience or welfare of the City. The proposed amendments would
23 increase opportunities for convenient food and beverage options in the downtown Main Street Overlay
24 District area, especially for pedestrians, by providing for food carts to be permitted at fixed locations. It
25 would also increase convenient access to locally-grown healthy foods throughout the City, subject to
26 permitting requirements of the City and County that will protect the public health and safety.
27 SECTION 3. San Bernardino Municipal Code Sections 5.04.370 and 5.04.495 are hereby
28 amended to read as shown on Exhibit A, attached hereto and incorporated herein by reference.
2
1 SECTION 4. San Bernardino Municipal Code (Development Code) Section 19.02.050,
2 DEFINITIONS, is hereby amended to add the following definition of"Community Garden":
3
Community Garden. Any plot of land managed and maintained by community residents or
4
community based organizations for growing fruits, vegetables, herbs, or ornamental plants for
5 consumption and use by local residents. The garden may be divided into individual or family plots, or it
6 may be cultivated collectively.
7
SECTION 5. San Bernardino Municipal Code (Development Code) Section 19.06.030(2)(N),
s
Mobile Vendors, is hereby amended to read as follows:
9
10 N. MOBILE VENDORS. Mobile vendors are permitted by temporary use permits only, in
11 accordance with the provisions of Chapter 19.70.
12
SECTION 6. San Bernardino Municipal Code (Development Code) Chapter 19.70, Temporary
13 Use Permits, is hereby amended to read as shown on Exhibit B, attached hereto and incorporated herein
14 by reference.
15
16 SECTION 7. Compliance with the California Environmental Quality Act: The Mayor and
Common Council finds that the proposed Ordinance amending the Municipal Code to permit food carts
17
and community gardens with produce stands by temporary use permits is exempt from the California
18 Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, the
19 general rule that activities that will not result in a direct or reasonably foreseeable indirect physical
20 change in the environment are exempt from environmental review.
21
22 SECTION 8. Severability: If any section, subsection, subdivision, sentence, or clause or phrase
in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective
23
by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
24 remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
25 declares that it would have adopted each section irrespective of the fact that any one or more
26 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
27 ineffective.
8
3
�_____ ..- ____. tllgllNMililYl9M.rwp
1 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 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 FOOD CARTS SUBJECT TO
3 SPECIFIED LOCATION CRITERIA AND COMMUNITY GARDENS WITH PRODUCE
STANDS BY TEMPORARY USE PERMITS.
4
5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof, held on the day
7 of , 2011, by the following vote to wit:
8
Council Members: AYES NAYS ABSTAIN ABSENT
9
10 MARQUEZ
11 VACANT
12 BRINKER
13
SHORETT
14
15 KELLEY
16 JOHNSON
17 MC CAMMACK
18
19
20 Rachel Clark, City Clerk
21 The foregoing Ordinance is hereby approved this day of , 2011.
22
23
24 PATRICK J. MORRIS, Mayor
25 Approved as to form: City of San Bernardino
j 26 JAMES F. PENMAN
City Attorney
27
1
4
EXHIBIT A
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 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 MerchantsNendors 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.
EXHIBIT B
TEMPORARY USE PERMITS — 19.70
CHAPTER 19.70
TEMPORARY USE PERMITS
Section page
19.70.010 Purpose...................................................................................... -
N 84
19.70.020 Permitted Uses............................................................................. -
N 84
19.70.030 Exemptions ................................................................................. -
N 85
19.70.040 Application.................................................................................. -
N 85
19.70.050 Findings ..................................................................................... N-85
19.70.060 Conditions of Approval .................................................................. N-85
19.70.070 Condition of Site Following Temporary Use ........................................ N-86
19.70.080 Revocation.................................................................................. N-86
19.70.010 PURPOSE
The Temporary Use Permit 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:
1. Real estate offices within approved development projects;
2. On- 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;
IV-84 Qf al-coil
EXHIBIT B
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, per location. MC 11819/7/04
11. Food carts, operated at fixed, pre-approved locations in the Main Street Overlay District,
at least 500 feet away from any restaurant and under current permits 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
9727/4/96
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 CONDITIONS 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
IV-85
EXHIBIT B
TEMPORARY USE PERMITS — 19.70
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:
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, subject to verification of
compliance with conditions of approval and County permit requirements, as applicable.
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
illumination 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;
8. Standards for maintenance and upkeep, including irrigation and cutting of plant materials;
9. Regulation of signs;
10. Regulation of operating hours and days, including limitation of the duration of the
temporary use, as outlined in Condition No. 1;
11. 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;
12. Submission of a site plan indicating any information required by this Chapter;
13. A requirement that the approval of the requested Temporary Use Permit is contingent
upon compliance with applicable provisions of the Municipal Code; and
IV-86
EXHIBIT B
TEMPORARY USE PERMITS — 19.70
14. 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.
19.70.070 CONDITION 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 permit may be revoked or modified by the Director if any one 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 Permit was obtained by misrepresentation or fraud;
3. That 1 or more of the conditions of the Temporary Use Permit have not been met; and
4. That the use is in violation of any statute, ordinance, law, or regulation. MC 972 7/4/96
IV-87