HomeMy WebLinkAboutMC-1363Adopted: August 1, 2011
Effective: August 31, 2011
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ORDINANCE NO. MC-1363
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 FOOD CARTS SUBJECT
', TO SPECIFIED LOCATION CRITERIA AND COMMUNITY GARDENS WITH PRODUCE
STANDS BY TEMPORARY USE PERMITS.
WHEREAS, there are parties interested in operating food and beverage carts in the City of San
Bernardino as business opportunities that would serve the public convenience; and
WHEREAS, the Environmental Health Services Division of the San Bernardino County Health
Department has a permit process for food and beverage carts meeting specific criteria, including
operation at pre-approved fixed locations; and
WHEREAS, the Healthy San Bernardino Coalition has requested assistance from the City to
facilitate establishment of community gardens to improve access to healthy, locally grown produce; and
WHEREAS, adding a definition and permitting process for community gardens to the Municipal
Code (Development Code) with provisions for temporary produce stands will facilitate establishment of
community gardens and promote production and consumption of locally-grown foods; and
WHEREAS, amendment of Sections 19.02.050 and 19.06.030(2)(N) and Chapter 19.70 of the
Development Code will provide for permitting food and beverage carts at fixed locations and
community gardens with produce stands by Temporary Use Permits; and
WHEREAS on June 22, 2011, the Planning Commission of the City of San Bernardino held a
noticed public hearing to consider public testimony and a staff report recommending the proposed
amendments to the City Development Code, and recommended that the Mayor and Common Council
adopt the amendments as proposed; and
WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of
the proposed Ordinance was published in The Sun newspaper on July 8, 201 l;
NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
MC-1363
I SECTION 1. The Mayor and Common Council finds that the above-stated Recitals are true and
hereby adopts and incorporates them herein.
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SECTION 2. Findings of Fact.
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s 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
~ services to be provided in the downtown Main Street Overlay District and for community gardens with
g 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."
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Policy 2.1.3: "Encourage future development to provide public spaces that foster social
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interaction."
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Goal 2.3: "Create and enhance dynamic, recognizable places for San Bernardino's residents,
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employees, and visitors."
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Polio: "Promote development that is compact, pedestrian friendly, and served by a variety
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of transportation options along major corridors and in key activity areas."
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Polic~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
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convenience, contain abundant seating opportunities, and incorporate amenities such as
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distinctive focal points, public art, ample shade, and eating and entertainment possibilities."
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''-I B. The proposed Ordinance amending the Municipal Code will not be detrimental to the
72 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
2a District area, especially for pedestrians, by providing for food carts to be permitted at fixed locations. It
2s would also increase convenient access to locally-grown healthy foods throughout the City, subject to
permitting requirements of the City and County that will protect the public health and safety.
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27 SECTION 3. San Bernardino Municipal Code Sections 5.04.370 and 5.04.495 are hereby
2s amended to read as shown on Exhibit A, attached hereto and incorporated herein by reference.
MC-1363
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SECTION 4. San Bernardino Municipal Code (Development Code) Section 19.02.050,
DEFINITIONS, is hereby amended to add the following definition of "Community Garden":
Community Garden. 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.
SECTION 5. San Bernardino Municipal Code (Development Code) Section 19.06.030(2)(N),
Mobile Vendors, is hereby amended to read as follows:
N. MOBILE VENDORS. Mobile vendors are permitted by temporary use permits only, in
accordance with the provisions of Chapter 19.70.
SECTION 6. San Bernardino Municipal Code (Development Code) Chapter 19.70, Temporary
Use Permits, is hereby amended to read as shown on Exhibit B, attached hereto and incorporated herein
by reference.
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
and community gardens with produce stands by temporary use permits is exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, the
general rule that activities that will not result in a direct or reasonably foreseeable indirect physical
change in the environment are exempt from environmental review.
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
by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
declares that it would have adopted each section irrespective of the fact that any one or more
subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
ineffective.
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MC-1363
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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 FOOD CARTS SUBJECT TO
SPECIFIED LOCATION CRITERIA AND COMMUNITY GARDENS WITH PRODUCE
STANDS BY TEMPORARY USE PERMITS.
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a ~°gurlar meeting thereof, held on the 1st day
of August , 2011, by the following vote to wit:
Council Members: AYES
MARQUEZ x
JENKINS %
BRINKER x
SHORETT ~
KELLEY X
JOHNSON x
MC CAMMACK ~
NAYS ABSTAIN ABSENT
Rachel Clagrk, City Clerk
The foregoing Ordinance is hereby approved this y"".~ ~~'~t day of :August , 2011.
Approved as to form:
JAMES F. PENMAN
City Attorney
~, jr ~ ;~,1~~.r~fi,~n~
TRICK J. ORRIS, Mayo
C> of San ernardino
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MC-1363
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 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, exc ~t as permitted pursuant to
Chapter 19.70.
MC-1363
EXHIBIT B
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 ........................................... ...................................... IV-85
19.70.040 Application ............................................ ...................................... IV-85
19.70.050 Findings ............................................... ...................................... IV-85
19.70.060 Conditions of Approval ............................ ...................................... IV-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
MC-1363
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 1181 9/7/04
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 E~EMPTION5
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
IV-85
MC-1363
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
MC-1363
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