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HomeMy WebLinkAbout50A - VENDING VEHICLES REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 6, 2005 TITLE: ADOPT AN ORDINANCE TO REGULATE VENDING VEHICLES AND ESTABLISHING A CITYWIDE VENDING PREFERENTIAL PARKING PROGRAM APPROVED D As Recommended D As Amended D Ordinance on 151 Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For ~~ CIT MANAGER CONTINUED TO j .-/ FILE NUMBER RECOMMENDED ACTION Adopt an ordinance regulating the operation of vending vehicles and establishing a citywide vending preferential parking program pursuant to California Vehicle Code Section 22507. DISCUSSION On July 6" 2004, an ordinance was approved establishing regulations for the operation of mobile vending vehicles within Santa Ana. The ordinance established hours of operation, noise restrictions, prohibited vending within 500 feet of schools, parks, community centers or playground facilities and established requirements for controlling trash generated by sales from the vending vehicles. Although the 2004 regulations have proven successful in resolving some of the problems that led to the adoption of the 2004 vending ordinance, additional issues remain that should be addressed. While vending vehicles provide a valuable service to the residents of Santa Ana, vending vehicles also create traffic hazards as well as special dangers to the public safety and welfare of children and residents of the City of Santa Ana. Vending vehicles not only are patronized by adults, but by children as well. Many vending vehicles are presently concentrated on certain streets and in certain neighborhoods. This concentration of vending vehicles creates visibility problems for drivers and pedestrians. Many of the vending vehicles remain in one location throughout the day. In addition to the safety concerns, these vending vehicles create not only parking shortages, but are also creating aesthetic impacts to the residential neighborhoods such as deteriorated parkways. Parkways become barren due to customers of the trucks walking or standing in these parkways while purchasing goods from the vending vehicles. Property owners have complained that the vending vehicles refuse to move their vending vehicles to allow the parkway landscape to regenerate. 50A-1 Ordinance to Regulate Vending Vehicles September 6, 2005 Page 2 In order to address these concerns, the regulations are proposed as follows: . Establish an annual vending vehicle permit that permits operation of a vending vehicle in Santa Ana. The vending vehicle permit may be revoked after three minor violations or one major violation; . Require that vending vehicles may vend for no longer than 90 minutes in anyone location unless lawfully parked in a vending vehicle permit parking zone; . Require that vending vehicles move a minimum of 500 feet after 90 minutes and cannot return to the same block wi thin the same day after leaving it; . Prohibit vending vehicles from vending within 100 feet of another vending vehicle; . Prohibit vending on streets greater than thirty-five (35) miles per hour; and . Prohibit vending except from the right-hand side of a vending vehicle; Vending Preferential Parking Program A vending preferential parking program pursuant to California Vehicle Code Section 22507 is proposed to remedy the over-concentration of vending vehicles that has created the safety and aesthetic issues. The director of the planning and building agency will establish up to 150 permit parking districts throughout the city. A vending vehicle can obtain an annual parking permit from the Planning and Building Agency to enable vending in the permit parking district without being subject to the 90 minute time limit. These annual permit parking spaces will be issued on a first come-first served basis. The City Council will be asked to establish a fee to fund the physical improvements to the parkways including, necessary signage, and hardscape. These improvements will assist in the elimination of the aesthetic impacts to the parkways caused by the vending vehicles. Additionally, to minimize the aesthetic impact of the vending vehicles conducting a business in a residential neighborhood, the director of the planning and building agency will establish standards including signage and vehicle appearance. Vending parking permits may be revoked if there are three minor violations within a twelve-month period or one major violation. The regulations and establishment of the vending vehicle parking permit program are intended to eliminate the concentration of vending vehicles that presently occurs in several areas. This concentration is not only unsightly, but creates parking shortages, complicates street sweeping and trash collection, deteriorates parkways, and creates a safety concern for 50A-2 Ordinance to Regulate Vending Vehicles September 6, 2005 Page 3 children or other pedestrians not being visible to drivers. The proposed regulations will reduce the negative impacts to the neighborhood and will provide a safer environment for the neighborhood, while providing vending vehicles the opportunity to continue their businesses within Santa Ana. ENVIRONMENTAL IMPACT This action is exempt from the California Environmental Quality Act pursuant to Sections 15061 and 15308 of the CEQA Guidelines, which establish a general exemption for projects that do not have the potential for causing a significant effect on the environment, and also a categorical exemption for actions by regulatory agencies that provide for the protection of the environment. In addition to the general exemption, the categorical exemption applies in that the project would provide for the protection of the neighborhood environment through the establishment of regulatory procedures for vending vehicles. FISCAL IMPACT Actions to create the appropriate fees and establish the fee amounts will be scheduled for future City Council review and action. M. Trevino ,Ex cutive Director Planning & Building Agency DH:rb Rb\Vending Vehicle Ord Mod.cc 50A-3 ORDINANCE NO. NS-2695 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 36-56 THROUGH 36-63 OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE TO REGULATE VENDING VEHICLES, AMENDING SECTION 1-18.1, AND THE ADOPTION OF A CITYWIDE VENDING PREFERENTIAL PARKING PROGRAM THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. Section 36-56 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-56. Additional Prohibitions. (a) No owner shall permit vending from a vending vehicle that is stopped, parked or standing on any public street, alley or highway: (1) When any part of the vending vehicle is open for vending to prospective customers other than on the side of the vehicle next to the right hand side of the street, alley or highway (except when lawfully parked at the left curb on a one-way street a person may vend to a person standing on the left parkway or sidewalk); or (2) When the prospective customer is standing or sitting in another vehicle; or (3) When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic or for vehicular parking. (b) No owner shall permit his or her vending vehicle to vend within 100 feet of another vending vehicle. (c) No owner shall permit his or her vending vehicles to vend on any public street, alley or highway when the posted speed limit on the public street, alley or highway is greater than thirty-five miles per hour (35 MPH). Ordinance No. NS-2695 Page 1 of 9 50A-4 Section 2. Section 36-57 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-57. Time Limit. No owner shall permit his or her vending vehicles to vend for a period of time in excess of 90 minutes in anyone location, and said vending vehicle must be moved a distance of not less than 500 feet between consecutive stops at which vending occurs; and no owner shall allow the vending vehicle to return to vend in the same block in the same day after leaving it. This section shall not apply to vending vehicles lawfully parked in a vending vehicle permit parking zone with a valid vending vehicle parking permit. Section 3. Section 36-58 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-58. Owner's permit required. (a) No person shall own, control, manage, lease or contract with other persons for the operation of a vending vehicle in the city without obtaining and holding a valid owner's permit issued pursuant to the provisions of this article, in addition to any other license or permit required under any other chapter of this Code, for each and every vending vehicle. (b) The permit sticker issued by the City shall be installed on the vehicle in the manner prescribed by the executive director of the planning and building agency. (c) "Owner's permit" shall mean the permit issued to any owner that authorizes the holder thereof to engage in the business of vending from a vending vehicle. Section 4. Section 36-59 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-59. Permit term and renewal. The term of the owner's permit, unless sooner revoked, shall be for a period of one (1) year. Upon the expiration of such term, the permittee may renew the owner's permit for additional one-year terms by submitting a new application in conformance with section 36-60 herein together with such owner's permit renewal fees as may be established by resolution of the City Council. Ordinance No. NS-2695 Page 2 of 9 50A-5 Section 5. Section 36-60 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-60. Applications for owner's permits; required fees. (a) Any person desiring to obtain an owner's permit shall make application to the executive director of the planning and building agency. Applications for an owner's permit shall be submitted in the form prescribed by the executive director of the planning and building agency which shall include proof of the items specified in Section 36-61 of this Code. (b) Prior to submitting such applications a nonrefundable fee, as established by resolution of the City Council, shall be paid to the department of finance to defray, in part, the cost of the investigation and report required by this article. The department of finance shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the executive director of the planning and building agency at the time such application is filed. Owner's permit issuance fees required under this article shall be in addition to any license, permit or fee required under any other provision of this Code. No owner's permit application shall be processed unless and until the applicant has provided all the information requested on the application and has submitted the appropriate fee(s). (c) Neither the filing of any application for an owner's permit, nor the payment of an application fee, shall authorize the vending from a vending vehicle until such owner's permit has been granted or renewed. Section 6. Section 36-61 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-61. Issuance of owner's permits. The executive director of the planning and building agency, or his designated representative, within ten (10) days after receiving the completed application, shall grant the owner's permit only if he finds that all of the following requirements have been met: (1) The required fees have been paid; (2) The applicant has not had an owner's permit revoked within the preceding twelve (12) months. (3) The applicant has, for each vehicle for which an owner's permit is sought, identified the Vehicle Identification Number and license plate number for said vehicle. Ordinance No. NS-2695 Page 3 of 9 50A-6 Section 7. Section 36-62 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-62. Revocation of owner's permit. (a) Any owner's permit may be revoked by the city manager or his designated representative for one (1) felony conviction of the owner during the previous 12 months or three (3) citations for violations of any state law or municipal ordinance to the owner, while in the course of vending from a vending vehicle. The citations may either be criminal filings or administrative citations pursuant to Sections 1- 21 through 1-21.9, or any combination thereof, within the preceding twelve (12) months. (b) No person whose owner's permit is revoked shall be eligible to apply for a new owner's permit for a period of twelve (12) months following such revocation. Section 8. Section 36-63 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-63. Appeal of School Separation requirement (1) The requirement of five hundred feet (500') distance from a school, pursuant to 36-54(a) may be appealed to the executive director of the planning and building agency. (2) The deputy city manager for development services or designee may modify the requirement of five hundred feet (500') distance if he determines all of the following: I. That because of the school layout there is no entrance or exit within five hundred feet (500') from the proposed boundary modification. ii. The location of the proposed boundary modification is not frequented by children as a path of travel. III. There are no safety concerns with allowing vending to occur in the location of the proposed boundary mod ification. (3) If a boundary is modified by the executive director of the planning and building agency, then a map identifying the boundaries in which vending is prohibited shall be prepared and be available to the public. The executive director of the planning and building agency shall annually review the map for accuracy and shall make any necessary modifications to the boundaries based upon the criteria in subsection (2) above. Ordinance No. NS-2695 Page 4 of 9 50A-7 Section 9. Section 1-18.1 of Chapter 1 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in underline, deleted language in strikeout): Sec. 1-18.1. Planning and building agency authority to issue citations. The executive director of the planning and building agency, the planning manager, the building safety manager, community preservation inspectors, code enforcement inspectors, senior building inspectors, and building inspectors have the duty to enforce the following provisions of this Code: Chapter 8, sections 10-2, 10-8, 10-16, 10-19, 10-26, 10-27,10-64, 10-70,10-71,10-89,10-97,10-98,10-100,10-140, 10-141, 10-142, 10- 143,10-150,10-151,10-177,10-197, 10-203,10-209,10-221 through 10- 238; sections 16-1, 16-2, 16-3, 16-4, 16-6, 16-34, 16-35, 16-46 through 16-60; sections 16-110--16-125; Chapter 17; sections 18-17,18-39,18- 40, 18-352, 18-400 through 18-420 Chapter 21; Chapter 26; section 36- 148; sections 36-50 through 36-5563; and Chapter 41. The above listed officers and employees also have the duty to enforce sections 27551, 27671 and 27672 of the Health and Safety Code of the State of California with respect to sales of food from vehicles. The above listed officers and employees shall also have the duty to enforce permit parking districts established by the City of Santa Ana. The above-listed officers and employees are authorized to arrest persons without a warrant whenever they have reasonable cause to believe that the person to be arrested has committed a violation of said provisions in their presence. In any case in which a person is arrested pursuant to this section, and the person arrested does not demand to be taken before a magistrate, said officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear as prescribed by Chapter 5C, Title III, Part 2 of the Penal Code of the State of California (commencing with Section 853.5). Section 10. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. Section 22507 of the Vehicle Code of the State of California authorizes a city to prohibit stopping, parking or standing of vehicles on certain streets and to establish a permit system exempting certain vehicles from the prohibition. B. Vending Vehicles are conducting businesses within primarily residential zones. This business creates impacts to the residential neighborhoods, such as increased traffic, pedestrian congestion, and litter accumulation. The citywide vending permit parking district is necessary in order to protect neighborhood integrity against excessive intrusion of vending vehicles which are parked in these residential neighborhoods throughout the day and night. Ordinance No. NS-2695 Page 5 of 9 50A-8 C. The City Council hereby desires to adopt a citywide preferential parking program pursuant to California Vehicle Code Section 22507. The preferential parking program shall be referred to as the vending permit parking district. D. The parking restrictions imposed pursuant to the Santa Ana Municipal Code, Chapter 36, Article XI, and this Ordinance shall apply to any vending permit parking area so designated by appropriate signage. E. The executive director of the planning and building agency or his designee is hereby authorized by this ordinance to select appropriate vending permit parking locations and to establish up to 150 individual vending permit parking districts within the City of Santa Ana. Each individual vending permit parking district shall only be large enough to accommodate one vending vehicle. F. All vending vehicles parked in a permit parking district shall be subject to the Santa Ana Municipal Code, with the exception of the time limits established in Section 36-57. G. No person shall park any vehicle at any time on any portion of any street within the citywide vending permit parking district which signs have been erected indicating the application of permit parking restrictions, except persons and vehicles exempted from such parking restrictions. The signs may provide for the towing of vehicles parked in violation of the parking restrictions. H. The executive director of the planning and building agency is authorized to promulgate eligibility criteria for the issuance of vending parking permits to vendors, and to issue or deny such permits in accordance therewith; and to establish written rules for the vending permit parking districts. Such rules shall be designed to minimize the impacts upon the residential neighborhoods. Such impacts include but are not limited to: increased traffic, pedestrian congestion, parking shortages, litter accumulation and damage to the public parkways. Such rules may be revised from time to time, as circumstances require. Section 11. The executive director of the planning and building agency on his own authority and at his sole and absolute discretion may establish a Vending Permit Parking Advisory Committee to assist in the selection of the 150 individual Vending Permit Parking Districts and/or the implementation of this ordinance. Section 12. In adopting the amendments set forth in Sections 1 through 9 above, the City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Vending vehicles within the City of Santa Ana present public safety and welfare concerns to the residents of Santa Ana, especially the children. B. California Vehicle Code Section 22455(b) permits cities to adopt additional requirements for vending vehicles for public safety. Ordinance No. NS-2695 Page 6 of 9 50A-9 C. The safety of children is a significant concern for the City of Santa Ana. 1. In California Vehicle Code Section 22456, the Legislature declared, "motor vehicles engaged in vending ice cream and similar food items in residential neighborhoods can increase the danger to children." 2. Many of the vending vehicles in Santa Ana, not only ice cream trucks, cater to children by offering toys and snack type items. As such, children, often unsupervised, purchase items from the vending vehicles. D. Accidents have occurred as a result of pedestrians crossing the street mid-block without regard for traffic to get to a vending vehicle. The risk to pedestrians crossing the street mid-block at night is increased due to the decreased visibility. E. The purpose of this ordinance is to regulate a business being operated within the City of Santa Ana; the purpose of this ordinance is not to regulate vehicular traffic except to protect the public safety and welfare of the residents as permitted by the Vehicle Code. F. Vending Vehicles are conducting businesses within primarily residential zones. This business creates impacts to the residential neighborhoods, such as increased traffic, reduction in available parking, pedestrian congestion, and litter accumulation. 1. Presently, vending vehicles are required to be equipped with on- board refuse containers large enough to contain all trash and refuse generated by the operation of the vehicle. Also, all trash and refuse generated by the vending vehicle must be picked-up within a fifty-foot (50') radius of the outside of the before the vehicle is moved. 2. The 90 minute time limit in anyone location will require the vending vehicles to move from the block thereby reducing the impact to parking in the neighborhood, as well reduce the impacts to the residential neighborhoods, such as increased traffic, pedestrian congestion, and litter accumulation. G. The Request for Council Action for this ordinance dated September 6, 2005, and Ordinance NS-2655 shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council, shall constitute the necessary findings for this ordinance. H. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance. I. Based upon this record the City Council finds that the standards set forth in this ordinance, and each of them, are necessary to protect the public Ordinance No. NS-2695 Page 7 of 9 50A-1 0 safety and welfare of the children and residents of the City of Santa Ana associated with vending vehicles. J. The police power regulations, such as those employed in this ordinance, are legitimate, reasonable means of accountability to help protect the public safety and welfare of the children and residents of the City of Santa Ana. K. All provisions of the Santa Ana Municipal Code, which are repeated herein, are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. L. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2005-161 will be filed for this project. Section 13. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 14. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this day of ,2005. Miguel A. Pulido Mayor Ordinance No. NS-2695 Page 8 of 9 50A-11 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. to be the original ordinance adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Ordinance No. NS-2695 Page 9 of 9 50A-12