SLT mobile vending staff report

PRESENTATION a

STAFF REPORT CITY COUNCIL MEETING OF SEPTEMBER 18, 2018 To:

Honorable Mayor and Councilmembers

From:

Hilary Roverud, Deputy Director of Development Services

Re :

Update Regarding Mobile Vending Research and Public Outreach

RECOMMENDATION:

Hear Presentation; Receive Public Comment; Receive Council Comments; and Provide Direction to Staff if Applicable BACKGROUND:

At the May 15, 2018 meeting the City Council heard a report from staff regarding communications from members of the public on the topic of mobile vending in the City. This report is provided as an update to the Council on those efforts.

The Council and staff had received communications requesting changes to regulations to allow more mobile vending opportunities in the City as well as communications expressing concerns with allowing mobile vending . At that meeting , the Council directed staff to conduct research on how other cities were addressing mobile vending and to conduct public outreach to engage the community in a discussion and develop recommendations.

ISSUE AND DISCUSSION:

City staff has been working with a representative group of stakeholders to develop the research and public outreach process. The group has assisted with suggestions to gather information, advertising , and distribution of information to other interested parties and the general public.

Case Studies During discussion with the stakeholder group, a number of cities were identified as potential case studies. City staff has conducted research on how mobile vending is addressed in Truckee, Sacramento, Reno, Monterey, and Santa Cruz. A summary of the regulatory approaches is included in the informational brochure included as Attachment 1. The approach to regulating mobile vendors varies across a wide range of requirements and complexity. For example, the Town of Truckee does not require a permit from the Town to operate a mobile vendor, however they are not allowed on public streets and their municipal code contains the following operating requirements : 1. Food trucks may not be located in any single area for a period exceeding six hours.

2. Food trucks may only be located on developed private property and must have written consent from the property owner.

Mobile Vending September 18, 2018 Page 2

3. The location of the food truck shall not interfere with pedestrian or vehicular access, and shall not be located within required parking spaces for any business on the site.

4. Food trucks are subject to the requirements of the Nevada County Department of Environmental Health (NCDEH) and must have written approval from NCDEH to operate.

5. Food trucks used during the catering of private events or as part of an approved Special Event Permit are exempt from the above-mentioned time limits.

The Town of Truckee does not see many food trucks operating outside of their "Truckee Thursday Summer Street Festival. " Truckee planning staff believes this is due to the requirement for trucks to be on private developed property and to not be in required parking spaces. Downtown Truckee, like many places in South Lake Tahoe does not have many parcels with excess parking on site where a truck can be located.

On the more complex end of the spectrum, the Cities of Sacramento and Monterey have multiple different mobile vending permit requirements depending on the type of operations such as short versus long term or on streets versus on private property. These permits are required to be renewed annually and come with an extensive set of operational requirements.

Operational requirements include limited hours, maximum time of operation in one location, minimum distances from restaurants or other mobile vendors, minimum distances from schools or parks, indemnification and insurance requirements, etc. This approach provides more opportunities for mobile vending , however permit requirements and restrictions add costs to the operator as well as administrative and enforcement costs to the cities .

Existing Regulations As presented at the May 15th meeting , the current City Code allows for mobile vendors as part of permitted Temporary Activities and Special Events, and for mobile vendors to operate on City streets with an approved permit and operating restrictions such as a 15-minute limitation on operating in one location. Through the Development Services Department Temporary Activities Permits are issued , while the Police Department issues permits for the on-street operations of a mobile vendor.

City staff has also conducted research on other regulations and public agencies involved in permitting of mobile vendors . In California, permits for mobile vendors are required by the state Department of Housing and Community Development (HCD) and the county health departments. City Staff also met with El Dorado County Department of Environmental Management staff to gain an understanding of those regulation to ensure we minimize any regulatory duplication.

HCD requires that all "special purpose commercial modular units" receive an inspection by HCD. The inspection is to determine compliance with California Health and Safety Code and California Code of Regulations requirements related to fire safety, exiting , ceiling height, room dimensions and construction , glass and glazed openings, electrical, mechanical, plumbing , ventilation and equipment safety. Upon passing the inspection the vehicle receives an insignia which must be affixed to the vehicle. The HCD inspection is only conducted once. In discussions with HCD staff about their role in ensuring the ongoing safety of the vehicles , HCD staff has indicated that only county health departments have the authority to conduct ongoing inspections and that cities do not have the authority to conduct inspections related to safety of the vehicles, specifically fire safety. City staff is continuing to look in to this issue to determine,

Mobile Vending September 18, 2018 Page 3

if there are other opportunities to ensure the ongoing maintenance and fire safety of mobile vending vehicles.

The El Dorado County Department of Environmental Management regulates and permits all "mobile food facilities" for compliance with the California Retail Food Code. This process includes a plan review and inspection of the vehicle and verification that the owner or an employee has passed an approved and accredited food safety certification exam . As part of this process County staff reviews for compliance with regulations related to interior finishes, refrigerator units, gas fired appliances, sealing of the unit, the cleanability of the units, potential equipment contamination , food storage and preparation areas, handwashing facilities , and verification of a commissary. A commissary is an approved, permitted commercial kitchen, which a mobile food facility shall use for storage of food and supplies, cleaning and sanitizing of utensils, sanitary disposal of garbage and liquid waste , filling of the potable water tank, cleaning and maintenance of the MFF, and any food prep that can't be performed inside the vehicle.

Potential commissaries include restaurants and commercial kitchens at community facilities such as churches , schools, or the City Recreation Center. County staff also conducts ongoing inspections of mobile food facilities during their operations.

While researching the regulations enforced by other agencies, an important component of any future City regulations , is that they are compatible with and not duplicative of other agency regulations.

Public Outreach In addition to the City and Tahoe Chamber surveys that were presented to the Council on May 151h, City staff has created a webpage to provide information on mobile vending and outreach efforts and conducted two public workshops to solicit public input.

The City website on mobile vending can be accessed at: www.cityofslt.us/MobileVending . The website contains information on existing regulations, case studies, frequently asked questions, and public meetings.

City staff conducted two public workshops on August 2, 2018, one in the afternoon and one in the evening as an attempt to accommodate different potential attendee schedules. Both workshops were conducted in the same manner. The workshops included distribution of the informational brochure, poster boards (Attachment 2), a presentation regarding existing regulations and case studies (Attachment 3), followed by small group discussions about the risks and opportunities associated with mobile vending in our community. Thirty four people attended the workshops. Small groups were asked to first identify risks and opportunities in the categories of Public Safety, Environment/Nuisance, and Economic. Then they were asked to discuss ways that risks could be minimized and opportunities could be enhanced. A summary of the public workshop input is included as Attachment 4.

As a result of research and public outreach conducted to date there appears to be general consensus on two topics, food vending events and vending on streets.

Events Mobile vendors as part of events concentrated in one location would provide opportunities for vendor operations, public gathering , variety of food choices , an environment that is regulated to ensure safety and compatibility with the community. The events would be conducted within the

Mobile Vending September 18, 2018 Page4

existing City Temporary Activity and Special Event permit procedures. Historically, although mobile vendors have been a part of some approved events, applications have not been received for mobile vending or food truck specific events. City staff is currently researching how these types of events are organized, funded and promoted in other surrounding communities .

With this information, it may be possible to attract a food truck event promoter or develop partnerships within the community to sponsor an event.

Vending on streets Several risks associated with mobile vendors operating on streets have been identified through the public outreach process. These include potential traffic impacts and safety, pedestrian safety, and accessibility. Measures to mitigate these potential risks have not been identified to an extent that City staff believes would minimize these potentially high risks in our community where sidewalks often don't exist and there are peak times when there is significant traffic congestion. In order to address these concerns , it may be necessary to maintain strict restrictions on mobile vending operations within public rights of way, where the only allowable operations are ice cream truck type vendors that make brief stops. There are currently only two mobile vending permits that have been issued by the Police Department under current regulations and these are both ice cream trucks. City staff has identified ways to streamline the current regulations to make the permitting process for mobile vendors operating on streets more efficient and not duplicative of other agency regulations.

Other Issues There is less consensus on the issue of whether mobile vending operations should be allowed on private parcels and if they should, then what the specific requirements should be. Many of the risks identified such as noise, trash , food safety, emissions, and environmentally sensitive areas can be mitigated through existing regulations and additional requirements of mobile vending operators and host property owners.

However, several issues are more complex in addressing . These include the potential need for additional on-site parking, potential need for additional on-site restroom facilities and the concerns regarding competition with brick and mortar restaurants and fairness . City staff continues to work with the representative group and restaurant owners to discuss these issues.

City staff has prepared a follow up survey to solicit additional input from restaurant owners and is scheduling additional meetings in September to discuss these issues with the South Tahoe Chamber of Commerce members and the South Tahoe Restaurant Association .

Next Steps Once survey results and additional input is received , City staff will draft specific Code amendment recommendations and present them at a public workshop hosted by the Planning Commission where the public will have another opportunity to provide additional input. The draft Code amendments will then be formally presented to the Planning Commission who will then act on recommendations to the City Council.

CITY COUNCIL PRIORITIES & VISION: "We will reflect the National Treasure in which we live. "

Continuous reflection on current regulations allows the City to be dynamic and respond to emerging trends and issues within the context of the City Council Strategic Plan.

Mobile Vending September 18, 2018 Page 5

FINANCIAL AND/OR POLICY IMPLICATIONS: There are no financial or policy implications associated with receiving this update presentation .

Concurrence:

By:

e ud, irector of Development Services Approved By:

Dirk Brazil, Interim City Manager

ATTACHMENTS: Attachment Attachment Attachment Attachment

1: Informational Brochure 2: Public Workshop poster boards 3: Public Workshop presentation 4: Public Workshop Input Summary

Attachment 1: Informational Brochure

Mobile Vending Workshop August 2, 20 18

A Community Discussion At its regular meeting on May 15, 2018, the City Council directed City staff to conduct public outreach and research on the potential to modify existing regulations regarding mobile vending in the City.

for food trucks in South Lake Tahoe.

"Advocates of stricter regulations generally assert that mobile vending congests sidewalks and streets, are unsanitary, and diminish urban quality of life. RegulaFood trucks have been tions that currently imgaining popularity in pede mobile vending many communities operations in U.S. cities throughout the country commonly include public and there is an interest property bans, restricted by some members of zones, proximity bans, the community to proand duration restrictions . vide more opportunities Supporters tend to argue that food trucks provide

Inside: Existing Regulations

2

Case Studies

3-5

Case Study Comparison

6-7

affordable, high quality food , rejuvenate public space , and fairly compete with size and openair limitations" (National League of Cities , 2013) The City is engaging the community to discuss current regulations and the approach to food trucks that other cities have taken. The workshop will provide an opportunity to share different perspectives on food trucks.

Existing Regulations City Code City Code Section 4.35Mobile Vending on City Streets Allows for mobile vending on city streets with approved owner's permit and operator's license. Parking to vend is limited to 15 minutes, vending may not occur on a highway, in the vicinity of schools. Additional operational requirements are detailed in this section.

City Code Section

City Code Section

6.55.230-

3.35.040-

Temporary Activities

Business and Professions Certificate

Allows for mobile vendors on private property to be permitted as part of a temporary activity. Four temporary activities are allowed on a property each year (TRPA Code Section 90.2) and they are limited to four days in duration.

Any business needs a business license to operate legally, but going mobile requires you to get permits for all the cities and counties where you operate, not just your static business address.

El Dorado County Environmental Management California Retail Food Code The County Health Division issues permits to mobile food facilities after a plan review and inspection. Mobile food facilities must have an approved commissary (commercial kitchen) for storage of food and supplies, cleaning and sanitizing, sanitary disposal, and potable water. If the mobile food facility conducts business in one location for more than one hour, restrooms must be available within 200 feet. Mobile food facility must be shelf contained and cannot utilize outdoor BBQs or ovens unless part of a community event.

California Department of Housing and Community Development (HCD) California Code of Regulations Title 25 HCD conducts a one time inspection of commercial modular units for compliance with regulations related to fire , exiting, room dimensions, openings, electrical, mechanical, plumbing , ventilation and equipment safety. Approved commercial modular units receive an HCD insignia.

Case Studies Town of Truckee Mobile food vending on City streets is not allowed in Truckee. Mobile food vending on private property is allowed , without a permit from the City, subject to the following requirements : 1. Limited to six hours

in a single area unless providing catering to a private event or part of an approved Special Event Permit.

2. Must be on developed private property and must have written consent from the property owner.

3. Location shall not interfere with pedestrian or vehicular access, and shall not be located within required parking spaces for any business on the site.

4. Subject to the requirements of the Nevada County Department of Environmental Health (NCDEH) and must have written approval from NCDEH to operate.

City of Monterey Mobile food vending in Monterey requires a City permit. There are three types of permits for mobile food vending that are issued by the City of Monterey, Short-Term Operation on City Streets, Long-Term Operation on City Streets, and Private Property Operation. All mobile vending is limited to the hours between 8:00am and 8:00pm and requires the vendor to maintain a clean site within 25 feet of operations. Vending is not allowed in City parking lots or garages.

Mobile vending on City Streets is subject to the following requirements: 1. Short term permittees are limited to one hour on the same block and cannot return to a block within four hours. Long term permittees are limited to times specified in the permit.

2. Cannot operate within one block of any school on days that school is open between the hours of 8:00a.m. and 5:00 p.m.

3. Cannot operate with-

in one block of any City park where a Cityapproved and permitted special event is taking place without having obtained a special event permit.

4. Must operate in legal parking space and obey all parking regulations; 5. Maintain minimum 8foot clearance on sidewalks.

6. Vending is not allowed on scenic Lighthouse Drive. Long term operations are limited to locations specified in the permit.

7. Long term operations must provide access to a restroom.

8. Private Property Operations must have written permission from property owner.

9. Private Property Operations are limited to a single location for no more than two hours in any 24-hour period unless a conditional use permit, a temporary use or special event permit has been obtained .

City of Reno Mobile vending in Reno requires the owner to obtain a Business License.

Operations not in compliance with the following regulations are subject to Code Enforcement actions: 1. Requires Washoe County Health District permit.

2. Limited to 4 hours in 24 hour period in one spot.

3. Requires property owner permission to conduct business on commercial private property 4. Prohibited on residentially zoned property.

5. Prohibited on highway, street, alley, sidewalk or city-owned or city-operated public parking lot.

6. Prohibited within 300 feet of any school, church , playground or park without the express written consent of the property owner or responsible person for the school, church , playground or park.

cial use permit allowing such use.

outdoor cooking or BBQ.

10.

Prohibits use of amplified sound or other forms used for attracting attention, to include yelling and/or "hawking."

13.

Prohibits vending within 300 feet of a permitted special event or activity unless the vendor is included as part of the event and allowed by written permission of event organizer.

7. Must obtain a permit to operate in the city park or parking lot serving a city park.

11 .

Advertising signs must be affixed to the vehicle/unit and may only advertise the business of the mobile vendor.

8. Prohibited within 100 feet of permanent restaurant during business hours.

12.

Vehicles/units must be self-contained. No

14.

No sale or service of alcohol.

9. Operations limited to the hours of 7:00 a.m. and 11 :00 p.m., unless the activities are conducted on a property within an area zoned for 24-hour operations or the property is under the ¡privilege of a spe-

City of Santa Cruz Mobile food vending in Santa Cruz requires the owner to obtain a permit from the City. The permit requires a Police Department background check and annual renewal.

Mobile vending operations are subject to the following regulations : 1. Limited to residential and industrial areas. No vending is allowed in commercial districts unless it is part of a permit for a special event.

3. Limited to 8:00am to 9:00pm 4. Maximum of 15 minutes per stop in residential zones. Maximum four hours per stop in other zones.

5. No vend ing within 300 feet of a school or park, unless part of pilot program .

6. Requires business Iicense.

7. Must comply with the City Environmentally Ac2. Limited locations speci- ceptable Food Packaging ordinance which stipulates fied on each permit.

that all food service providers shall provide food or drink in containers that are reusable, biodegradable, compostable or recyclable.

8. Prohibits tables , chairs, shade structures, and signs on streets, parking spaces, or sidewalks.

9. Shall provide waste containers and litter removal within 50 feet of vending .

10. Prohibits encroachment on sidewalk except

waste containers where four feet of clearance is provided . Must manage customer queuing to maintain pedestrian access.

11. Prohibits amplified sound. Some sounds devices may be approved as part of permit.

12. Must be legally parked and pay for parking where required. Park where customers can safely order and pick up food without standing in road , parking space or landscaping.

City of Sacramento Mobile food vending in 4. Health Permit from Sacramento requires a Mo- Sacramento County Envibile Food Vendor Permit ronmental Management issued by the City, which Dept. must be renewed annually.

5. Current OMV registraOperations are subject to tion the following regulations : 6. Permit must be posted 1. Annual permit expires on the vehicle April 30 and renewal re7. Vehicle must be lawfulquires an inspection. ly parked.

2. Personal disclosure forms - Verifies each busi- 8. Requires adequate ness owner's awareness of lighting for customer safety, directed downward and permit requirements and away from public street and laws pertaining to mobile adjacent property. vending business and any past criminal convictions.

9. Prohibits signs, tables , 3. Insurance coverage of chairs , fences, shade structures, or other furniture. $1,000,000 combined single limit per occurrence for 10. Operations shall not both AUTO and GENERAL block streets, sidewalks, liability and indicates the paths, driveways, doorCity of Sacramento as adways, and other avenues of ditional insured.

vehicular and pedestrian traffic.

11 . Maintain the area surrounding the vehicle free of trash and provide customers with a receptacle for garbage.

12. Limits operation to a one-hour period in any location, or within four hundred (400) feet of that location , unless the permittee has provided a copy of the county of Sacramento's approval of readily available toilet and handwashing facilities within two hundred (200) .

13. If operating on the street, must not be within 400 feet of another food vending vehicle, within 50 feet of an intersection,

within 1OOf eet of any restaurant or cafe outdoor seating .

14. Must not be within 400 feet of a school between the hours of 7:00am and 4:00pm on school days.

15. Must not operate within one thousand (1 ,000) feet of any establishment that maintains a valid entertainment permit between 1:00 a.m . and3:00 a.m .

16. Time restrictions on operating in residential zoning districts.

--Wodllllop Regulation

Jurisdiction Case Studies Truckee

Sacramento

Reno

1.1. Food Vendi ng Vehicle Permit; and, 2. Food Vending Vehicle Planning Permit

None

Driver Permit; and/or, 3. Food Vending Vehicle

Required

None [Business License Only]

Property Permit * Permits renewed annua lly

Monterey Santa Cru z 1. Vending Permit; or 2. Long Term Permit; or 3. Private Property Permit *Permits renewed annually

Annual Mobile Vending Permit

*Permit renewed annually

County Health Approval (e.g. Restrooms, Commissary, Truck Inspections, etc.)

Allowed on Undeveloped Parcels

No

No

More than 30 minutes: Vending Vehicle Permit Reqd.

Allowed on Private Property w/Owner Consent

1-2 Food Vendor(s): Plan-

,/

ning Director Approva l w/ surrounding Property Notification

./

./

,/ 3 Vendors Max.

More than two: Conditional Use Permit Allowed in Right of Way

Prohibited

,/

Prohibited

,/

,/

Business License

No

,/

,/

,/

,/

Design Criteria

Cannot be located within required parking spaces for business

None

None

Color Photograph Reqd. w/ Application

None

-City Permit Decal & Permit Number must be displayed on truck -No Freestanding Signs

Must be affixed to vehicle

Garbage/Recycling Receptacles

Photograph, Vehicle Make and Model

Additional signage prohibited

,/ Clear all trash w/in 25'

ROW: Allowed on sidewalk with a min.

4' pedestrian clearance Private Propty: Reqd . w/in 50'

Regulation

Jurisdiction Case Studies Truckee

Sacramento

Reno

1.1. Food Vending Vehicle Permit; and, 2. Food Vending Vehicle Plann ing Permit

None

Driver Permit; and/or, 3. Food Vending Vehicle

Required

None [Business License Only)

Monterey Santa Cru z 1. Vending Permit; or 2. Long Term Permit; or 3. Private Property Permit

Annual Mobile Vending Permit

Property Permit *Permits renewed annually

*Permits renewed annually

*Permit renewed annually

,/

,/

County Health Approval (e.g. Restrooms, Commissary, Truck Inspections, etc.)

,/

,/

Allowed on Undeveloped Parcels

No

No

More than 30 minutes: Vending Vehicle Permit Reqd.

1-2 Food Vendor(s): Plan-

Allowed on Private Property w/Owner Consent

ning Director Approval w/ surrounding Property Notification

./

./ 3 Vendors Max.

More than two: Conditional Use Permit Allowed in Right of Way

Prohibited

,/

Prohibited

,/

,/

Business License

No

,/

,/

,/

,/

Design Criteria

Cannot be located within required parking spaces for business

None

None

Color Photograph Reqd.w/ Application

Photograph , Vehicle Make and Model

None

-City Permit Decal & Permit Number must be displayed on truck -No Freestanding Signs

Must be affixed to vehicle

Sign age

Garbage/Recycling Receptacles

,/

Additional signage prohibited

,/ Clear all trash w/in 25'

ROW: Allowed on sidewalk with a min.

4' pedestrian clearance Private Propty: Reqd. w/in 50'

Attachment 2: Public Workshop poster boards

EXISTING REGULATIONS City Code City Code Section 4.35

City Code Section 6.55.230

City Code Section 3.35.040

Mobile Vending on City Streets

Temporary Activities

Business and Professions

Allows for mobile vending on

Allows for mobile vendors on

Certificate

city streets with approved owner's permit and operator's license. Parking to vend is limited to 15 minutes, vending may not occur on a highway, in the vicinity of schools.

Additional operational

private property to be permitted Any business needs a business as part of a temporary activity.

license to operate legally, but

Four temporary activities are

going mobile requires you to get

allowed on a property each year

permits for all the cities and

(TRPA Code Section 90.2) and

counties where you operate, not

they are limited to four days in

just your static business address.

duration.

requirements are detailed in this section.

El Dorado County Environmental Management California Retail Food Code The County Health Division issues permits to mobile food facilities after a plan review and inspection. Mobile food facilities must have an approved commissary (commercial kitchen) for storage of food and supplies, cleaning and sanitizing, sanitary disposal, and potable water. If the mobile food facility conducts business in one location for more than one hour, restrooms must be available within 200 feet. Mobile food facility must be shelf contained and cannot utilize outdoor BBQs or ovens unless part of a community event.

California Department of Housing and Community Development (HCD) California Code of Regulations Title 25 HCD conducts a one time inspection of commercial modular units for compliance with regulations related to fire, exiting, room dimensions, openings, electrical, mechanical, plumbing, ventilation and equipment safety. Approved commercial modular units receive an HCD insignia .

I

Jurisdiction Case Studies

Regulation

Planning Permit

I

Truckee

Sacramento

None

l.Food Vending Vehicle Permit; and, 2. Food Vending Vehicle Driver Permit; and/or, 3. Food Vending Vehicle

Required

Reno

Monterey

Santa Cruz

None [Bus iness License Only]

1. Vending Permit; or 2. long Term Perm it; or 3. Private Property Permit

Annual Mobile Vending Permit

*Permits renewed annually

*Permit renewed annually

Property Permit *Permits renewed annually

County Health Approval (e.g . Restrooms, Commissary, Truck Inspections, etc.)

Allowed on Undeveloped

Parcels

./

./

./

./

./

No

No

--

--

--

./

./

M ore than 30 m inutes:

• Vending Vehicle Permit Reqd .

1-2 Food Ve ndor(s): . Planning Director Approval w/ surrounding Property Notification More than two: Conditional Use Permit

./

Allowed on Private Property w/Owner Consent

./

Allowed in Right of Way

Prohibited

./

Prohibited

./

./

Business License

No

./

./

./

./

Design Criteria

- Cannot be located within required parking spaces for business

None

None

Color Photograph Reqd . w/ Application

Photograph, Vehicle Make and Model

Signage

None

-City Permit Decal & Permit Number must be displayed on truck -No Freestanding Signs

Must be affixed to vehicle

--

Additional signage prohibited

Garbage/Recycling Receptacles

--

./

--

./

Distance to Brick & Mortar

None

Prohibited within 100' of any restaurant, cafe, or business with outdoor seating

100' from any open restaurant

Distance to adjacent Food Vendor

None

Prohibited within 400' of any other vending vehicle

Distance to Public Services; i.e.

School/Parks/Church

None

Prohibited within 400' of schools in session between 7am and 4pm

Indemnification Agreement

No

./

Certificate of Insurance

No

Additional Certificates

3 Vendors Max.

Oear all trash w/in 25'

ROW: Allowed on sidewalk with a min . 4' pedestrian clearance Private Propty: Reqd . w/in 50'

--

None

--

--

None

Prohibited 300', w/o Property Owner Consent

Prohibited within 1 Block w/out Special Event Permit

Prohibited within 300' of school or park

--

./

./

./

--

./

./

None

- Annual Brake & Lamp lnsp.

- Driver must have Permit and be present at all times

None

None

City Fire Department Approval

None

-Food trailers prohibited; Food Vending Vehicle must be motorized and operational -Prohibited: -Connections to onsite water, sewage, gas, or telephone -Within 50' of any intersection -Within 1000' of any established entertainment without permit

-List of all food products

Other

-Prohibite d: Connections to onsite water, sewage, gas, or telephone prohibited

None

to be sold -Prohibits use of polystyrene -Operator must pass criminal background check -Vendor responsible for prohibiting loitering w/in 50' -Specific standards & restrictions apply to specific streets based on recent Pilot Project

CASE STUDIES Town of Truckee _ _ _ __ Mobile food vending on City streets is not allowed in Truckee. Mobile food vending on private property is allowed, without a permit from the City, subject to the following operational requirements: Hours limited to: six hours in a single area, unless providing catering to a private event or part of an approved Special Event Permit.

Location: must occur on a developed private parcel and must have written consent from the property owner.

Standards: not interfere with pedestrian or vehicular access and may not be located within required parking spaces.

Sacramento _ _ _ _ __ Mobile food vending in Sacramento requires a Mobile Food Vendor Permit issued by the City, which must be renewed annualy. Operations are subject to the following operational requirements: Hours limited to: one-hour period in any one location or within 400 feet of that location, unless the permittee has provided a copy of the County of Sacramento's approval of readily available toilet and handwashing facilities within 200 feet.

Location: if operating on a street, must not be located within 400 feet of another food vending vehicle, within SO feet of an intersection, or within 100 feet of any restuarant or cafe with outdoor seating.

Distance: must not be within 400 feet of any school between 7 am and 4 pm on school days.

Standards: 1) shall not block streets, sidewalks, paths, driveways, doorways, and other avenues of vehicular and pedestrian traffic; 2)street furniture prohibited

CASE STUDIES

Monterey _ _ _ _ _ __ Mobile food vending in Monterey requires a City permit. There are three types of permits issued by the City of Monterey, Short-Term Operation on City Streets, Long-Term Operation on City Streets, and Private Property Operation.

Mobile vending on City Streets are subject to the following operational requirments: Hours limited to: 8 am to 8 pm.

Short-term permittees are limited to one hour on the same block within four hours. Long-term permittees are limited to times specified in the permit.

Location: private property operations must have written permission from property owner. Private property operations are limited to a single location for no more than 24-hour period unless a conditional use permit, a temporary use or special event permit has been obtained.

Distance: 1) cannot operate within one block of school on schools days between 8 am and 5 pm; 2) cannot operate within one block of City park where a City-approved and permitted special event is taking place without obtaining a special event permit.

Standards: Maintain 8-foot clearance on sidewalks.

Santa Cruz Mobile food vending in Santa Cruz requires the owner to obtain a permit from the City. The permit requires a Police Background Check and annual renewal. Mobile vending operations are subject to the following operational requirements: Hours limited to: 8 am to 9 pm and a maximum of 15 minuts per stop in residential zones and a maximum of 4 hours per stop in other zones.

Zoning: limited to residential and industrial areas. No vending is allowed in the commercial districts unless it is part of a permit for a special event.

Distance: no vending within 300 feet of a school or park, unless part of pilot program.

Standards: 1)street furniture prohibited; 2) no amplified sound.

CASE STUDIES

Reno

-¡-- -----

~

Mobile food vending in Reno requires the owner to obtain a Business License. Operations not in compliance with the following operational requirements are subject to Code Enforcement actions.

Hours limited to: 7 am to 11 pm, unless the activities are conducted on a property within an area zoned for 24-hour operations or the property is under the privilege of a special use permit. Vending is limited to 4 hours in 24 hour period in one spot.

Location/Zoning: prohibited in residential zoned property, highway, street, alley, sidewalk or city-owned or city-operated public parking lot.

Distance: 1) prohibited within 300 feet of any school, church, playground or park without express writeen consent of the property owner; 2) or within 100 feet of permanent restuarant during business hours.

Standards: prohibits amplified sound.

Attachment 3: Public Workshop presentation

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- Briefly review current regulations - Discuss risks and opportunities associated with mobile vending in our community ~

Briefly review regulatory practices of other communities

- Discuss opt.ions for the City of South Lake Tahoe

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• City Code Section 4.35- Mobile Vending on City Streets Allows for mobile vending on city streets with approved owner's permit and operator's license. Parking to vend is limited to 15 minutes and between 7:00am and 7:00pm. Vending may not occur on a highway, in the vicinity of schools.

• Background check and drug screening • Business and vehicle information • City Indemnification • Business license • Other permits {i.e. County Health, DMV, etc) • Annual renewal • Vehicle inspection • Current County Health license

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• City Code Section 6.55.230-Temporary Activities - Allows for mobile vendors on private property to be permitted as part of a temporary activity. Four temporary activities are allowed on a property each year (TRPA Code Section 90.2) and they are limited to four days in duration.

â&#x20AC;˘ City Code Section 3.35.040-Business and Professions Certificate - Any business needs a license or permit to operate legally, but going mobile requires you to get permits for all the cities and counties where you operate, not just your static business address.

â&#x20AC;˘ El Dorado County Environmental Management - The County Health Division issues permits to mobile food facilities after a plan review and inspection.

- Mobile food facilities must have an approved commissary (commercial kitchen) for storage of food and supplies, cleaning and sanitizing, sanitary disposal, and potable water.

- If the mobile food facility conducts business in one location for more than one hour, restrooms must be available within 200 feet.

- Mobile food facility must be shelf contained and cannot utilize outdoor BBQs or ovens unless part of a community event.

• California Department of Housing and Community Development (HCD) - HCD conducts a one time inspection of commercial modular units for compliance with regulations related to fire, exiting, room dimensions, openings, electrical, mechanical, plumbing, ventilation and equipment safety.

- Approved commercial modular units receive an HCD • • • 1ns1gn1a.

• Small Group Discussion - Identify Opportunities (Pros) and Risks (Cons) - Categories • Environmental/Nuisance • Public Safety • Economic

- Record on Easel Pads - Group Selection - Discussion 15 minutes - Report Out 15 minutes

Town of Truckee City of Monterey City of Reno City of Sacramento City of Santa Cruz

â&#x20AC;˘ Common regulations - County Health Permit required Business License required Property owner consent required Limitation on operating hours Limitation on duration in one location - Obstructing pedestrian or vehicle circulation prohibited - Access to restroom if operating in one location more than 1 hour (CA Retail Food Code) Required commissary (CA Retail Food Code) Exceptions for special events

â&#x20AC;˘ Varying Regulations -Owner and Operator Permits

- Furniture and signage

-Annual Permit renewal

- Garbage and recycling

- Specified zoning districts

- Distance from other mobile vendors

-Allowable operating hours - Duration in one location -Allowable on streets - Distances from parks and schools - Distances from restaurants

• Small Group Discussion - Identify Best Practices - Increase Opportunities and Decrease Risk - Record on easel pads • Discussion 15 minutes • Repo.r t Out 15 minutes

-Consolidate Public Workshop Input

-Post on Website -Analyze input to determine whether more information or discussion is needed -Staff recommendation to Planning Commission City Council

Attachment 4: Public Workshop Input Summary

PUBLIC SAFETY Risks 1. Increased traffic/congestion

1.

2.

Mitigations Partner with public transit (Chariot).

No operating in Right of Way except in designated parking spaces.

No operating on Hwy 50.

Permitting.

Public/private property only.

2. Pedestrian safety/access

3.

4.

5.

3. Health Code/Enforcement

6. Inspections.

4. ADA Access

7. Inspections.

5. Increased need for restrooms

8. Require private property to supply restrooms.

9. Time limit 10. Seating?

PUBLIC SAFETY Enhancements

Opportunities 1. Promoting Public Health/Food/Active 2. Extended hours provide more late food opportunities potentially without having to drive.

1.

Established hours of operation (9midnight)

ENVIRONMENT AL/NUISANCE Risks 1. Generator noise/emissions

2. Operational noise 3. Parking

4. Food waste/trash/wildlife

1.

2.

3.

4.

5.

6.

Mitigations No operating in residential zones.

Decibel level limit.

Limit hours of use (avoid night).

Require quiet type of generator.

Cluster vendors at a destination.

Operating schedule.

7. Require parking like restaurants.

8. Allow only on private property with adequate parking or special event/event area.

9. Owner responsibility for clean up costs.

5. Environmentally sensitive sites 6. Too many mobile vendors

10. Require trash bins and clean up.

11. Fines for litter.

12. Require all waste to go to partner commissary.

13. Enforce regulations.

14. Limited number of permits.

15. Distinguish between private property and public property regulations and allowed frequency.

ENVIRONMENTAL/NUISANCE Opportunities

Enhancements

1. Density of food option sites/locations 2. Ecofriendly (generators/trucks)

1. Offer electricity plug in for a fee in

lieu of generators 3. Proximity to other business

2. Mitigation of proximity to competitive businesses

4. Opportunity to eliminate nonrecyclables 5. Self-contained units

6. Better trash containment. Opportunity for more trash clean up 7. More locations- less VMT/DVTE

ECONOMIC Risks 1. Potentially only viable during peak tourist seasons 2. External costs (trash, oil spills, contamination) 3. Potential blight and changed nature of the town

Mitigations

4. Costs of regulatory permitting 5. Temporary work or year round?

6. Lack of commissary capacity

I. Develop more commissary capacity

2. Require vehicle to park at commissary. No parking in residential zones 7. Limited resources to serve food trucks 8. Conflict in hours of operation 9. Trucks coming from other cities and counties without City/County permits 10. Mobile vendor competition with each other 11. Loss or reduced business at brick & mortar restaurants due to competition

3. Mitigation of proximity to competitive businesses.

4. Distance requirement from brick & mortar or districts.

5. Same permitting process (unbiased) 6. Finite # of permits to operate in the City. "Commodify" each permit. City controlled.

ECONOMIC Opportunities 1. Low capital start up business

Enhancements 1. Let market decide if it works.

2. Entrepreneurial/vocational training.

2. more variety/options for events

3. Designate food court areas that don't require temporary activity permit.

3. Higher density of options 4. Higher revenue for City 5. Quicker food options

6. More jobs 7. Bring community together 8. Potentially complimentary to existing businesses without kitchens 9. Collect fees to cover cost of enforcement 10. Opportunity for Brick & mortar restaurants to grow 11. New business models/opportunities 12. Place to operate a business

4. Potential to partner with schools and parks to provide options.

13. Capitalism 14. Bringing in more tourists 15. Sales tax 16. Flexibility and convenience 17. Variety 18. Jobs

5. More code enforcement.