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HomeMy WebLinkAbout50A - VENDING VEHICLES REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 17, 2005 TITLE: ADOPT ORDINANCES TO REGULATE VENDING VEHICLES AND ESTABLISHING A CITYWIDE VENDING PREFERENTIAL PARKING PROGRAM l~ /)' }' ,. .. ," i' , ~-,ll.'" <' "'. ., , L,' t ( 1:/- ",/ I. ..;L( &'1.,__ - APPROVED D As Recommended D As Amended D Ordinance on 1 st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Adopt an ordinance regulating the operation of vending vehicles. 2. Adopt an ordinance establishing a citywide vending preferential parking program pursuant to California Vehicle Code Section 22507. DISCUSSION This supplemental report augments the report and draft ordinance previously provided for the September 6, 2005 and September 19, 2005 City Council meetings. The September 6 report and ordinance presented the Neighborhood Improvement/Code Enforcement (NI/CE) Council Committee's recommendation concerning mobile vendor regulations, a summary of which is attached (Exhibit 1). At its meeting of September 19, the City Council requested more information regarding the implementation of the mobile vehicle vending ordinance and remanded the Mobile Vending Ordinance back to the NI/CE Council Committee for further review. At the NI/CE Council Committee meeting of September 27, 2005 a variety of issues were evaluated in detail. The issues and the Committee's recommendation are as follows: . Hours of Operation Reaffirm the hours of operation (9am to 8pm) as proposed. Recommend that separate legislation be created to impose the same hours of operation on ice cream vendors to establish more consistent regulations. . Time Limitations for Transient Vendors Reaffirm the proposed 90 minute time limitation as proposed. . Required Distances from Schools and Parks Reaffirm the proposed 500 feet separation between the vendors and adjacent schools and parks, with case-by-case exceptions. 50A-1 vending Vehicle Ordinances October 17, 2005 Page 2 . Separation Limits between units Increase the proposed separation requirements between mobile vending vehicles from 100 to 200 feet. . Magnetic Signs Defer the magnetic sign requirement given that the Health Department requires that all vendors return to commissary at the end of each day. The sign requirement may be imposed in the future on chronic violators whose trucks are deemed unsightly or graffiti-ridden. . Costs Reaffirm the creation of a hardscape improvement fee of $2030 to be spread over a five year period and an annual administrative fee not to exceed $614 per vendor to cover staff, permitting and enforcement costs. An ordinance and resolution establishing these fees will be scheduled for the November 7 City Council meeting. . Site Selection Affirm the proposed 150 permanent vending spaces. Prohibit permanent vending spaces within areas where such spaces and hours of operation would conflict with existing permit parking districts. Request that the Mobile Vending Advisory Committee solicit feedback from adjacent property owners as it formulates its recommendation on vending space locations. Develop a reverse lottery as the method to allocate the permanent sites throughout the community; this system would ask vendors seeking a permanent site to identify their first, second and third choices of space locations. The NI/CE Council Committee was unanimous in its recommendations to the City Council. These recommendations also considered the attached comparison of mobile vending regulations from various cities (Exhibit 2) . The original ordinance provisions, amended as discussed above, have been separated into two distinct ordinances for ease of administration. Staff understands that the process of selecting and designating the permanent vending spaces is of special concern to many vendors. The idea of creating permanent spaces arose through input from vendors who were interested in maintaining their current practice of vending from fixed locations. Though it will likely be after completion of this report, which is scheduled for distribution to the City Council on October 12, staff expects to learn from vendor representatives prior to the Council meeting whether they continue to support the concept of designating permanent vending spaces. Given these concerns, the recommendation is to adopt the ordinances now but make them effective July I, 2006. 50A-2 Vending Vehicle Ordinances October 17, 2005 Page 3 This will accomplish three things: it will allow time to complete the space selection and assignment process before the new regulations become effective; it will provide additional time for vendors to complete the required vehicle improvements; and, it will allow sufficient time to set up administrative procedures including finalizing the application process, establishing the Mobile Vending Advisory Committee, and designating and training the staff who will be involved in the program. (~ Trevino ~c~~ive Director Planning & Building Agency KA:rb rb\reports\Vending Vehicle Ordinance lO-17-05.cc 50A-3 MEMORANDUM ~ ~ City Manager Date: August 30, 2005 To: Executive Director/ From: Planning & Building Agency Subject: NI/CE COUNCIL COMMITTEE VEHICLE VENDING RECOMMENDA nONS The Neighborhood Improvement/Code Enforcement (NI/CE) Council Committee has been reviewing vehicle vending operations in Santa Ana since the present regulations were adopted by the City Council in July of 2004. The Committee has expressed concerns with the present approach after a lengthy review that involved numerous public meetings and ample public testimony. This memorandum summarizes the Committee's concerns and proposed provisions to address them. The NI/CE Council Committee review and public testimony identified concerns including: · An over-concentration of vending vehicles on several streets, with as many as a dozen trucks in a one or two block area; · The unsightly appearance of the vehicles' exterior, including graffiti, inconsistent slgnage; · The safety concerns for pedestrians, particularly children; · The deterioration of parkways and surrounding areas where the vehicles are parked to vend, which can lead to property maintenance citations being issued to property owners; · The enforcement regarding unauthorized extended business hours of mobile vending businesses and the Health Department requirements to return to an approved commissary after 8:00 p.m.; · The overnight parking in residential and commercial districts, which create potential hazards to pedestrians and motor vehicles, reduce available on-street parking; and, · Vending vehicles conduct businesses within primarily residential zoning districts. These business activities create impacts within the residential neighborhoods, such as increased traffic, increased noise, reduction of available parking, pedestrian congestion, and litter accumulation. Given these concerns, the NI/CE Council Committee will recommend that the City Council adopt an ordinance at its September 6, 2005, meeting to include the following prohibitions and regulations: EXHIBIT 1 50A-4 <- City Manager August 30, 2005 Page 2 . Prohibit vending vehicles from vending within 100 feet of any other vending vehicle; . Prohibit vending on any street whose speed limit is greater than 35 miles per hour; . Prohibit vending: (a) from any side other than the right side ofthe vending vehicle, (b) when the vending vehicle is located in a travel lane of a street, and (c) when the prospective customer is standing or sitting in another vehicle; . Specify that vending vehicles may vend for no longer than 90 minutes in any location, unless that location has been designated as one of the 150 parking permit locations discussed below; . Require vending vehicles to move a minimum of500 feet after 90 minutes, unless they are in a parking permit location; . Prohibit vending vehicles from returning to the same block within the same day; . Create an owner's permit and fee; establish the amount of the fee based on the City's costs to administer and implement the program; and, . Establish that violations of the ordinance may result in revocation of the permits. The NI/CE Council Committee will further recommend adoption of a citywide vending parking permit program to: . Permit up to 150 parking permit locations for vending vehicles, issued on a first-come first-serve basis; establish a corresponding annual parking permit; . Create an annual fee for the first three years to cover the costs of improving parkways and providing necessary signage for vending parking districts; establish the amount of the fee based on the City's improvement costs; . Create an annual fee to cover the costs of administering and implementing the vending parking permit program; establish the amount of the fee based on the City's costs; and, . Standardize the appearance of vending trucks with minimum maintenance requirements and uniform signage. Though not included in its present recommendations, the NI/CE Council Committee has asked staffto evaluate whether tracking of vehicle location through global positioning satellite (GPS) technology may aid in the implementation of the vending ordinance. GPS teclmology has become more widely used by a variety of businesses, including United Parcel Service. Staffwill return to the NI/CE Council Committee in the future with analysis and recommendations concerning the potential use ofthis technology. ~evinO rb c: Mayor & City Council Deputy City Manager/Development Services 50A-5 Survey of Vending Regulations Mobile Vending Vehicles September 2005 Encuesta De Regulaciones de Ventas Vehiculos Que Se Usan Como Comercio Septiembre 2005 HOURS OF OPERATION CITY HORAS DE OPERACION CIUDAD 5:00 a.m. - 8:00 p.m. (April - October) 5:00 a.m. - 8:00 p.m. (Abril - Octubre) Sacramento 5:00 a.m. - 6:00 p.m. (November -March) 5:00 a.m. - 6:00 .m. Noviembre - Marzo 6:00 a.m. - 10:00 .m. 7:00 a.m. - 8:00 .m. 7:00 a.m. - 8:00 p.m. 7:00 a.m. - 8:00 .m. 8:00 a.m. - 6:00 .m. 8:00 a.m. - 6:00 .m. 8:00 a.m. - 8:00 .m. 9:00 a.m. - 5:00 .m. 9:00 a.m. - 5:00 p.m. 9:00 a.m. - 8:00 .m. 9:00 a.m. - 8:00 .m. 9:00 a.m. - 8:00 .m. 9:00 to sunset Glendale Huntin ton Beach Stockton La Puente South Gate Pasadena Duarte Costa Mesa L nwood Anaheim Baldwin Park Fullerton Huntington Park 9:00 asta ue anochezca 10:00 a.m. - 7: 00 p.m. or % hour after sunset whichever comes first San Jose 10:00 a.m. - 7:00 p.m. 0 % hora despues de que anochezca 10 ue occurra rimero EXHIBIT 2 Page 1 of 8 50A-6 KG - 9/27/05 MUNICIPAL CODE SECTION SECCION DEL CODlGO MUNICIPAL 95.68.110(b)(1) &(2) 96.54.205(a) TIME LIMITATION CITY MUNICIPAL CODE SECTION LIMIT ACION DE TIEMPO CIUDAD SECCION DEL CODIGO MUNICIPAL Only for as long as it takes to make the sale Fresno 96-1107(f) to a bonafide purchaser El tiempo necesario que se tome el vendedor para efectuar la venta a un leqal comprador 10 minutes Huntington Park 94-7.1612 (a) 10 minutos 10 minutes Ontario 94-6-1 012 10 minutos 10 minutes Fountain Valley 91O.44.150(a) 10 minutos 10 minutes Torrance 961.6.12 10 minutos 10 minutes Riverside 91O.44.140(a) 10 minutos 10 Minutes in anyone location then must be Baldwin Park 9122.04(i) moved not less than 100 feet between stops 10 Minutos en cualquier lugar despues debera moverse no menos de 1 00 pies entre paradas 10 minutes then must be moved not less Costa Mesa 910-374(d) than 100 feet between stops 10 minutos despues debera moverse no menos de 100 pies entre paradas Page 2 of 8 50A-7 TIME LIMITATION CITY MUNICIPAL CODE SECTION LIMIT ACION DE TIEMPO CIUDAD SECCION DEL CODIGO MUNICIPAL 10 minutes in anyone location and said Anaheim ~14.32.31 0.0306 vehicle must be moved a distance of not less than 100 feet between consecutive stops 10 minutos en cualquier lugar y el vehiculo debera moverse una distancia de no menos de 100 pies entre paradas consecutivas 10 minutes then must move 500 feet Garden Grove ~8.48.020(d) between stops 10 minutos despues debera moverse 500 pies entre paradas 10 minutes in a residential zone (30 minutes La Puente ~5.42.060(d) in any other zone) must move 500 feet and cannot return for 4 hours 10 minutos en zona residential (30 minutos en cualquier otra zona) debera moverse 500 pies y no podra regresar en 4 horas 15 minutes Westminster ~10.44.120(a) 15 minutos 15 minutes, 1000 feet between stops and Glendale ~1 0.28.050(a) cannot return for 3 hours 15 minutos, 1000 pies entre paradas y no podra reqresar por 3 horas 15 minutes (within 500 feet of that place) San Jose ~6.54.240 within any 2-hour period 15 minutos (dentro de 500 pies de ese lugar) dentro de un periodo de 2-horas Page 3 of 8 50A-8 TIME LIMITATION CITY MUNICIPAL CODE SECTION LIMIT ACION DE TIEMPO CIUDAD SECCION DEL CODIGO MUNICIPAL Residential location - 30 minutes within a % Los Angeles 98O.73(2)(F) mile radius Commercial location - 1 hour within a % mile radius Zona residencial - 30 minutos dentro de una area de % milia Zona commercial - 1 hora dentro de una area de % milia 30 minutes and shall not vend again for a South Gate 92.44.040 period of 4 hours within 500 feet of such location 30 minutos y no debera vender otra vez por un periodo de 4 horas dentro de 500 pies del mismo luqar 30 minutes and must move 400 feet and Stockton 97 -049.5(a)(3)(i) cannot return to same location on the same calendar day 30 minutos y debera moverse 400 pies y no podra regresar al mismo lugar en el mismo dia 60 minutes Pasadena 991 0.40.200(A)(1) 60 minutos 90 minutes then must move not less than Fullerton 98.70.100(f) 200 feet between stops 90 minutos y debera moverse no menos de 200 pies entre paradas Page 4 of 8 50A-9 DISTANCE BETWEEN SCHOOLS OR PARKS CITY MUNICIPAL CODE SECTION DIST ANCIA ENTRE ESCUELAS 0 SECCION DEL CODIGO PARQUES CIUDAD MUNICIPAL 200 feet of school, park or playground Fullerton S8.70.100(d) 200 pies de escuela, parque 0 area de recreo 200 feet of a listed park Los Angeles S80. 73(2)(a)(4) 200 pies de cualquier parque 200 feet of the property line of a public La Puente S5.42.0600) school 200 pies de la linea de propiedad de escuela publica 300 feet from a school Pomona S30-717(8)(a) 300 pies de una escuela 300 feet of any school, park, playground Stockton S7-049.5(A)(1 ) 300 pies de cualquier escuela, parque, 0 area de recreo 350 feet from a school, playground, park or Sacramento S5.88.01 O(b) Auditorium 350 pies de una escuela, area de recreo, parque 0 Auditorio 500 feet of the nearest property line of any Los Angeles S80.73(2)(a)(5) school 500 pies de la linea de propiedad mas cercana de cualquier escuela Page 5 of 8 50A-1 0 DISTANCE BETWEEN SCHOOLS OR PARKS CITY MUNICIPAL CODE SECTION DISTANCIA ENTRE ESCUELAS 0 SECCION DEL CODIGO PARQUES CIUDAD MUNICIPAL 500 feet of any active public school Huntington Beach 95.50.170(a)(1 ) property, park, playground or recreation facility 500 pies de la propiedad de cualquier escuela activa, parque, area de recreo, 0 edificio de recreation 500 feet from an entrance or exit of a public Oakland 95.48.070 park, public building or public grounds 500 pies de la entrada 0 salida de un parque publico, edificio publico 0 areas publicas 500 feet from a school Baldwin Park 9122.04(h) 500 pies de una escuela 500 feet of a school, park, playground Costa Mesa 91 0-374(a)(1) 500 pies de escuela, parque, 0 area de recreo Within 500 feet of a school Anaheim 914.32.310.0305 Dentro de 500 pies de una escuela Within 500 feet from a public school or park L ynwood 913-7(b)(2)(d) Dentro de 500 pies de escuela publica 0 parque 500 feet from school (regulation for vending Lake Forest 99.80.065(K) on private property) 500 pies de escuela (regulacion para ventas en propiedad privada) Page 6 of 8 50A-11 DISTANCE BETWEEN SCHOOLS OR PARKS CITY MUNICIPAL CODE SECTION DIST ANCIA ENTRE ESCUELAS 0 SECCION DEL CODlGO PARQUES CIUDAD MUNICIPAL 500 feet from nearest property line of any Huntington Park 94-7.1612(b) school 500 pies de la linea de propiedad mas cercana a cualquier escuela 500 feet of a school San Jose 96.54.240(a)(2) 500 pies de escuela 700 feet from school Ontario 94-6.1012(a) 700 pies de escuela 800 feet from a school Irvine 92-1 0-1 005(A) 800 pies de escuela 1000 feet of a park or school Glendale 910.28.050(a) 1000 pies de paroue 0 escuela 1 000 feet of a school Fresno 96-1107(g) 1000 pies de escuela 1200 feet from a school except Saturday or San Bernardino 912.60 Sunday (ice cream, candy or soda) 1200 pies de escuela excepto Sabados 0 Domingos (nieves, dulces, 0 refrescos) Page 7 of 8 50A-12 DISTANCE BETWEEN VENDING VEHICLES CITY MUNICIPAL CODE SECTION DIST ANCIA ENTRE VEHICULOS QUE SE SECCION DEL CODlGO ENCUENTREN VENDIENDO CIUDAD MUNICIPAL 35 feet of another vendor Santa Monica 96.36.1 00(a)(4) 35 pies de otro vendedor 200 feet of another vendor San Jose 96.54.250 200 pies de otro vendedor 250 feet of another vehicle engaged in L ynwood 9 13-7(b )(2)(d) vending 250 pies de cualquier vehiculo que se encuentre vendiendo Within 300 feet of another mobile vending Huntington Beach 95.50.170(a)(2) vehicle engaged in vending Dentro de 300 pies de cualquier vehiculo que se encuentre vendiendo Within 300 feet of another vendor Costa Mesa 910-374(a)(2) Dentro de 300 pies de otro vendedor Within 400 feet of another vendor Stockton 97 -049.5(a)(3)(ii) Dentro de 400 pies de otro vendedor Page 8 of 8 50A-13 ORDINANCE NO. NS-2701 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, AND AMENDING SECTION 1-18.1 OF THE CODE 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 200 feet of another vending vehicle on the same side of the street, or in any event within 100 feet of another vending vehicle wherever located on the same street. (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-2701 Page 1 of 8 50A-14 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. 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. 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. Ordinance No. NS-2701 Page 2 of 8 50A-15 (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 or her designated representative, within ten (10) days after receiving the completed application, shall grant the owner's permit only if he or she 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. Section 7. Section 36-62 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Ordinance No. NS-2701 Page 3 of 8 50A-16 Sec. 36-62. Revocation of owner's permit. (a) Any owner's permit may be revoked by the city manager or his or her 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 deputy city manager for development services. (2) The deputy city manager for development services or designee may, after consultation with city agencies as he or she deems appropriate in the exercise of his or her sole and absolute discretion, modify the requirement of five hundred feet (500') distance if he or she 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 deputy city manager for development services, then a map identifying the boundaries in which vending is prohibited shall be prepared and be available to the public. The deputy city manager for development services or designee shall annually review the map for accuracy and shall make any necessary Ordinance No. NS-2701 Page 4 of 8 50A-17 modifications to the boundaries based upon the criteria in subsection (2) above. 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; sections 36-450 through 36-467; 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. 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. 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 Ordinance No. NS-2701 Page 5 of 8 50A-18 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 congestion, reduction in available parking, as well as safety concerns. 1. On order to address these impacts, the gO-minute time limit in any one location, and the separation of the vending vehicle (herein after "congestion management regulations") will reduce the impacts to parking in the neighborhood, and will provide a safer residential neighborhood. 2. Vending vehicles are typically wider than a standard vehicle, which causes them to encroach into traffic lanes. This encroachment can create visibility hazards for vehicles exiting the driveways, as well as a more dangerous situation for other vehicles and bicycles. 3. The Legislature, in adopting California Vehicle Code Section 22456(e)(3), determined that potential danger to children requires that a vehicle stopped to vend ice cream must have a minimum unobstructed view of the highway in both directions of 200 feet. In Santa Ana, children purchase from the type of vending vehicles regulated by this ordinance in addition to purchasing from ice cream trucks; for example, the September 25, 2005 Los Angeles Times article on this subject states that in Santa Ana, "parents feel comfortable sending their children to buy items [from mobile food vendors]. Remedios Arias, 32, sent her 11-year-old son to buy 10 eggs for $1 on a recent morning." 4. The use of these congestion management regulations will restrict the number of visibility-impacting vehicles on the street and thereby reduce the number of times that opposing vehicles and bicycles must enter or cross traffic lanes as they pass the vending vehicles. Ordinance No. NS-2701 Page 6 of 8 50A-19 G. The Request for Council Action for this ordinance dated October 17, 2005 and September 6, 2005, and Ordinance No. 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 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. The City Council determines that despite these vending vehicle regulations, and the regulations adopted in Ordinance NS-2655, that there remains a reasonable opportunity to vend within the City of Santa Ana, and will not prohibit any access to vending vehicles to any neighborhood within the city. L. 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. M. 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 11. This ordinance shall take effect July 1, 2006. Section 12. 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. Ordinance No. NS-2701 Page 7 of 8 50A-20 Section 13. 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 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Council members 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. NS-2701 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-2701 Page 8 of 8 50A-21 ORDINANCE NO. NS-2695 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A CITYWIDE VENDING PREFERENTIAL PARKING PROGRAM THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. 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. 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. The executive director of the planning and building agency in the selection of the individual vending permit parking districts should be guided by the following: 1. The property owner(s) immediately behind the vending permit parking district should be permitted a reasonable time frame in 50A-22 Ordinance No. NS-2695 Page 1 of 4 which to object to the location of the vending permit parking district. Should the property owner timely object, then the vending permit parking district should be relocated. 2. The vending permit parking district should not be located within permit parking districts, except permit parking districts that only prohibit overnight parking without a permit. 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, traffic and safety hazards, 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 2. 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 3. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance. A. 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. B. 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 4. 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 50A-23 Ordinance No. NS-2695 Page 2 of 4 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 5. 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 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Council members NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Council members 50A-24 Ordinance No. NS-2695 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2695 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 50A-25 Ordinance No. NS-2695 Page 4 of 4 - 50A-26