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HomeMy WebLinkAboutAgenda Report - July 19, 2006 K-03AGENIDA ITEM AW 3 CITY OF LORI COUNCIL COMMUNICATION TM AGENDA TITLE: Review and Discussion of Current Regulations Pertaining to Food Vending Vehicles MEETING DATE: July 19, 2006 PREPARED BY: Community Improvement Manager RECOMi1 WWD ACTION: That the City Council review and discuss the information provided by Community Development Department Staff regarding the current regulations pertaining to food vending vehicles. BACKGROUND INFORMATION: The Community Development Department first reviewed the issue of the nuisance conditions that are created by mobile food vendors and other itinerant vendors throughout the community in 1999. At the time, an Ordinance that would expand Lodi Municipal Code Section 9.18 — Vending on Streets and Sidewalks was proposed that would include regulations pertaining to vending from private property. The genesis of that proposal was from the complaints of the local business community and local residents. The local business community has had issue with the influx of itinerant vendors into this community for some time. This includes the local florists who are affected by the number of flower and gift basket vendors that can be found on almost every major thoroughfare and intersection before Valentines Day and Mothers Day each year, as well as the local car and recreational vehicle dealerships who are affected by the out-of-town dealers that set up weekend sales events in major shopping center parking lots. The entire community bears the visual impact that these itinerant vendors create as they set up impromptu booths in parking lots and along available frontages selling sunglasses, rugs, flags, statuettes, paintings and other wares. However, the itinerant vendor that is the most prevalent throughout the community is the mobile food vendor (lunch wagons). The 1999 proposai, which eventually was tabled by Council, was the culmination of a great deal of work that included a public meeting with the local food vendors to receive their input and comment. At that meeting the message was made clear that it was not the City's intent to prohibit the vending activities, but to provide clear and concise regulations to prevent safety, traffic and health hazards, as well as preserve the peace, safety and welfare of the community. Now, seven years later, we look to resolve these issues once again. Our goal under the new Community Development Director has been to address these issues in the revision of the current Zoning Ordinance. The new Development Code would provide the clear and concise language necessary to make not only APPROVED: Blair g, City Manager the enforcement and abatement easier, but also provide clearer guidance to the vendors as to what the regulations are for their continued operation. The conditions presented in each of the aforementioned itinerant vending activities can be identified as public nuisance and/or hazardous conditions, and accordingly, we have various tools or methods to address the abatement of those conditions. What follows is a summary of the various issues and remedies available at this point. Land Um lastm — Private Pltooerty There are several sections of the current Zoning Ordinance that can be applied to the vending issue as it occurs on private property or off the public right-of-way. In 1997, under Section 17.57 General Regulations and Requirements, a general requirement was created mandating that business, with few exceptions, must be conducted inside an enclosed building. 17.57.170 Enclosed building requirement. Stores, shops or businesses permitted in any commercial or industrial district shall be conducted wholly within an enclosed building unless the specific use and zone permit otherwise. Vehicle sales lots, service stations, parking lots, small recycling collection facilities and those businesses that typically require outdoor storage or activities will be exempt from this requirement. (Ord. 1648 § 1 (part), 1997) Absent that general requirement, references to such a requirement were scattered and inconsistent throughout the rest of the ordinance pertaining to each zoning designation, as noted in the following review of allowed uses within each zoning district. The majority of these vending activities occur in either C-1, C-2, C -S, M-1, M-2 or PD (Planned Development) Districts and regulations pertaining to the food related activities in those districts are as follows: C-1 C-2 C -S M-1 Eating Places are an allowed use, except those involving dancing, entertainment or alcohol. There is a general criteria pertaining to allowed uses within this district that mentions that business activities be conducted wholly within an enclosed building. Any type of Eating and Drinking Establishment is allowed. There is no criteria regarding conducting business within an enclosed building. Refers back to allowed uses within a C-1 District. Refers back to allowed uses within C -M District, which refers back to allowed uses within C-2 District. The requirements of the C -M District does include specific language regarding conduct within a building. 17.42.030 Enclosure of uses4Off-premises effects. Every use in a C -M zone shall be subject to the following conditions: A. All uses shall be conducted within a completely -enclosed building or within an area enclosed on all sides with a solid wall, screened fence or uniformly painted fence not less than six feet in height, except that uses permitted in the open in the C-2 zone shall be permitted in the open in the C -M zone. M-2 P -D Refers back to allowed uses within M-1 District. The PD District where a fbod vendor happens to be operating, PD(17) which is located at Turner Rd. and Church St., requires that any and all uses, except SFD, must first obtain a Use Permit from the Planning Commission. (LMC 17.33.040) The parcel within PD(17) where the vendor is operating is classified for light industrial uses and must conform with the requirements of the C -M District. AdditionjZoning&and Use -Issues In addition to the regulations pertaining to allowed uses, there are also other Zoning Ordinance regulations that are impacted and/or can be brought into play in order to address the food vending issues. As each commercial property is developed, there are specific off-street parking requirements based upon the speck use and/or size of the building. In many of the locations where food vending vehicles are setting up, the required parking spaces are being taken up by the food vending vehicles, as well as the tables, tents or awnings that they deploy. As noted in the code section referenced below, this is not allowed. 17,00.040 Use for other purposes. No portions of a required parking facility may be built upon with new structures or additions, or utilized for other purposes, unless a substitute parking facility is provided that meets the requirements of this chapter. (Prior code § 27-13(b)(4) (part)) In several other locations where these food vendors have established a permanent operation, the properties themselves are either unpaved and/or undeveloped, lacking the appropriate controls for ingress and egress which crews a traffic hazard, and/or controls for storm water contamination to prevent dust and dirt from being tracked onto the adjacent streets and sidewalks. The following language with Section 17.78 Certificates of Occupancy provides some method of addressing this: 17.78.010 Required. No vacant land shall be used or occupied, except for agricultural purposes, and no building erected, structurally altered or moved after the effective date of the ordinance from which this section derives shall be occupied or used until a certificate of occupancy has been issued by the building inspector. (Prior code § 27- 17 (part)) 17.78.020 Land. A certificate of occupancy for the use of vacant land or for a change in the character of the use of land, as provided in this chapter, except for agricultural purposes, shall be applied for before such land shall be occupied or used. The certificate shall be issued within three days after the application has been made, provided such use is in conformity with the provisions of this title. (Prior code § 27-17(a)) The Certificate of Occupancy process has been used for temporary uses, such as Christmas tree lots, car tent soles, and other seasonal events or activities. The process is very outdated and inadequate, as it requires that the Building Official issue "The certificate... within three days after the application has been made...", and it does not take into consideration the scope of what is required for an adequate review of such a development by all affected dopartments, nor does it allow for the recovery of costs related to the review and issuance of the Certificate. Finally, at several of the locaf*ns where food vendors routinely operate, there are some conflicting or incompatible uses that need to be addressed. Several of these sites may be on commercially zoned properties, which are currently occupied by legal/non-conforming residential dwellings. This creates a mix of residential and commercial uses upon the property that in the past has been discouraged unless planned and developed as such, rather than occurring by happenstance. Huth W Safe& Issues There are definite health and safety issues present at most of the mobile food vending locations and several of the other itinerant vendor sites. What follows is a review of those issues and the related codes and regulations: State Health Cocks From our previous work on these issues with the local Environmental Health Department (EHD), who has jurisdiction for the licensing and inspection of mobile food vendors, we have become more aware of certain conditions or situations that are likely to occur that represent a serious health and safety hazard. While they are under the jurisdiction of EHD, it is more likely that these health and safety conditions are going to noted by City code enforcement or police personnel at a time and location that EHD would not be able to respond, usually after hours. • Mobile Food Vendors are required, when operating from a fixed location, to have adequate restroom facilities for their employees. Those restroom facilities must be within 200 feet from their vehicle and be open and available the entire time that they operate. o Several of the food vendors operate in locations adjacent to existing businesses and satisfy this requirement by using the facilities at that site. There are several of these same locations where the food vendors remain on-site and operating after that business has closed and the restroom facilities are not readily available. When that occurs, EHD offices are usually closed and their health inspectors are not available for enforcement assistance. o Other food vendors operate during the day and/or night from locations where there are no restroom facilities available. There has been at least one documented incident of a LPD Bike Officer catching and citing a man for urinating in public against the side of a building near one of the food vending vehicles, only to find that it was the food vendor. • Mobile Food Vendors are required to operate from a licensed commissary within San Joaquin County. All prepared food coming from the vehicle must be prepared and transferred to the food vending vehicle at that commissary. The food vending vehicle also must be returned to that commissary to be cleaned, sanitized and restocked. o There are several incidents where food vendors are or have been operating from unlicensed commercial locations or their residences. While this represents a zoning or land use violation, the issue of it being a health code violation is the most pressing matter, • Mobile Food Vending vehicles are required to be self-contained for water, power and waste. At many of these locations, vendors have tapped into power and water. Just how and where these vending vehicles are gaffing their water is a serious health and safety concern as there are stringent requirements for the type of Dose and appropriate connections. The issue of self - containment of waste is also a concern and has been an issue as we've received complaints from time to time of the vehicles purposely draining into storm drains or slowly leaking where they operate or as they transit to and from the property. az rda 9W9dgW As slateckn the pr &vKxn sectign, several of the food vending vehicles routinely tap into power through extensioftcords from buildingwor light standards in the parking area. This poses an electrical hazard as the elect* l cords are us"ly1 un across walking or driving surfaces or the point of connection is illegally and impr*pert► installed. Theft is language within the adopted Electrical Code that allows us to address these iss#ses. Hazardous PbxnbincVSanitati Also stated previously, was they fact that many of the mobile food vendors tap into any available wafer source at* 3ite. WhNe the loci ons or existing businesses that they operate adjacent to may have been to code al the Sme that they verge constructed or put into use, the addition of another use on the site requires aDmpkanee wdh current code requirements for the facilities connected to that new use, namely the water conruecdon. While :dente Health Code mandates certain requirements for hoses and connections, there is clear langluage within the Plumbing Code that addresses fittings to prevent backflow or cross-wnnection contamination. The issued of W99W dumping otwaste, especially where it can eornne into contact with the storm drair►agre system, is another serious coneem that is addressed by our local Municipal Code and State Law. Oland iitl m t}5icKlBft One of tho oar issues relate to any type of vending, is whether the vendor has the appropriate businessiceine in order to opiratee wiftri Lodi. The follovAng LMC Section provides dear and concise longuageritor us to enforce. 3.0.tl2# Duakwiss tax cail0caftn required. Business taxes are imposed upon all businesses, professions, trades, vocatkm, enterrprisees, estobfishmerds, occti#efiens or call fts con#xbng business in the city to which a business tax may lawfully apply, in an amognt es4abfhed by resodtion of the city council. It Is unlawful for any person to transact and carry on arty busWoss, trade, vocation, e0erprise, establishment, occupation or calling in the city not otherwise exempt withait W hiWng procured a busing tax certificate from the city or complying with al of the applicable provlltions of this chapter. i Ta An issue perta rig to vendors of merchandise and goods is whether the appropriale sales tax is beteg collected rind mer that sales tax is being reported for the proper places of sale. We would have to roly upon song gee from our finance Department or Deputy City Manager regarding hvw to best gather and track t his inforrnation. VIOMMIR As stated 1reYkx*, LMC Seallon 9.18 currently establishes certain guidelines for the following issues pertaining1to varxillng from the public right-d-way- Ronairting in one location for more than ten minutes. • C*tin9 a tafic hazard. • Sobo l and intersection proximity. In order I* proms, we need to first clarify the City's intent, either to provide dear regulation of these vending 40%V es or to prohibi #Me actives entirely. It has been City direction to allow but regulate the vending *tivities, therefore wo must then consider the following options. i Regorrdi e0fttmrA of la _ use regulations that pertain to food vending vehicles and other itirwant vel riiDrs, a pfd Develont Code provides clearer language for enforcement than that provided in our cuotent Zoning Ordinanc e. Prior to adoption of the new Development Code, we can proceed with the land ose codes language oUffined previously. The current code language ad*essing the hazardous electrical and plumbing conditions is sufficient to proceed Oth, and the new Adrlistrative Enforcement Provisions adopted by Council provides us with a dear me +anism in which to pox;ess violations that are found. Revise QVr@rA There a twe ch os Si vat under this option. In one option, the review and adoption of the Development Code is in proceos and is expected to be completed within the next six months. This would provide char code language approaching this as strictly a land use issue. In the semond option, wo co uldkrevisit the code amendments to Section 9.18 that were proposed in 1999 and have* beck before Counct for adoption. This would provide a more comprehensive approach to addressiog the issues regardirip vendors, whether that be food vendors or other itinerant vendors. The subsequOt revision of the Derlelopment Code would then augment these new regulations, providing cleaner guidance for the development of properties to accommodate vending activities. Regardless of which option thin is decided upon, the cooperation and assistance of the County Environrrontat Health Departr t (EHD) is crucial to the success of any effort pertaining to the food vendors. Any enforcement agouties undertaken by City Code enforcement personnel will be coordinated with the SHD so that they can follow up accordingly. One other factor that must be considered is that a proactive enforcement project of this scope will require a substartl)ial amount of our cone enforcement resources. The Community Improvement Division has been doh one inspector for the past three months and this has reduced their capabilities significantly, thereby cmating. a backlog of aomplaints. The projected return of that one inspector in July and the hopeful approval of budgeted finding for contract code enforcement services is crucial in our ability to address the current backlog and to embark on a proactive enforcement project of this nature. FISCAL WPACT: As with any code enforcement action, the initial enforcement activities would be funded through the General Fund. All follow up enforcement and abatement action would be funded through the cost recovery measures that have been established. In aocordonce with the Operational Priorities that were adopted by Council in the Policy Statement for the Code Enforcement Program, committing code enforcement personnel for this enforcement project will divert then franc responding tither lower priority complaints. FUNDING AVAILABLE: This activity would be funded through the General Fund and the Special Revenue Fund established for the Community Development Department. Paiste, Interim Fin ince Director sJBrjmp Attachments [lvp� Concurred: Randy HaCh Community Development Director Review and Discussion of Current Regulations Pertaining to Food Vending Vehicles Community Improvement Division Community Development Department July 19, 2006 Itinerant Vendors • Food Vending Vehicles — Lunch Wagons • 13 permanent locations throughout Lodi — Push Carts • Approximately 15-20 throughout Lodi • Predominantly Eastside — Produce Sales • From vehicles and from front yard stands • 5-10 locations throughout Lodi Itinerant Vendors • Various Merchandise — 15-20 locations throughout Lodi — Selling rugs, statuettes, flags, paintings. • Flower& Gift Peddlers — Before each Mothers Day and Valentines Day • Operate from public streets & sidewalks... • And from private property. • 15-20 locations throughout Lodi Food Vending Vehicles • Lunch Wagons — Nuisance Issues • Sanitation • Hazardous Electrical • Traffic & Safety Hazards • Conflicting Uses — Related Issues • Business Licensing Food Vending Vehicles • Current Regulations — Existing Zoning Ordinance Regulations • Enclosed building requirements • Parking, paving, drainage, utility requirements — Existing Municipal Code Section 9.18 • Vending from Streets and Sidewalks — Current Electrical Code • Addresses common wiring and electrical hazards. — State Health Code • Enforced by County Environmental Health Department Food Vending Vehicles • Proposed Regulations — Development Code • Itinerent Vendor Permit • Regulations on location • Design and operating standards — Proposed Revision of LMC Section 9.18 • Vending from Streets, Sidewalks and Private Property Proactive Enforcement Project • Options to Consider for Enforcement — Whether To Regulate or Prohibit Outright —Approach Strictly as Land Use Issue • Use Current Zoning Ordinance Language • Adopt Development Code for Clearer Language — Revisit Revision of Section 9.18 • Provide for Regulation of All Vendor Activities • Cover Public and Private Property Proactive Enforcement Project • Coordinated Enforcement — Work closely with SJC Environmental Health — Use new Administrative Enforcement Provisions • Impact Code Enforcement Priorities — One of two Proactive Projects getting underway. Proactive Enforcement Project • Funding — Initial Activity Funded Through General Fund — Non -Compliance and Abatement Action Funded Through Cost Recovery Measures Established in Administrative Enforcement Provisions — Eligible for Funding Under CDBG Program for Those Sites Within the LMI Target Area.