SR-09-11-2012-7Bc7_
City of City Council Report
Santa Monica'
City Council Meeting: September 11, 2012
Agenda Item: 713
To: Mayor and City Council
From: David Martin, Director of Planning and Community Development
Subject: Introduction and First Reading of an Ordinance to Permit Off - Street Food
Truck Venues in the CM Main Street Commercial District and Adjacent A
Off - Street Parking Overlay Districts and the C4 Highway Commercial
District by Performance Standards Permit.
Recommended Action
Staff recommends that the City Council introduce for first reading the attached
ordinance which would permit by Performance Standards Permit (PSP) off - street food
truck venues in the CM Main Street Commercial District and adjacent A Off - Street
Parking Overlay Districts and the C4 Highway Commercial District.
Executive Summary
In response to Council direction to permit off - street food trucks through an ordinance
amendment, on August 15, 2012 the Planning Commission adopted a Resolution of
Intention to consider a modification to SMMC Sections 9.04.02.030, 9.04.08.22.030,
9.04.08.28.030, 9.04.08.38.040 and Subchapter 9.04.12 to permit the off - street food
truck venues by PSP. On August 22, 2012 the Planning Commission voted 5 -2 to
recommend to Council amendments to these Code sections.
Background
On January 19, 2010, the City Council directed staff to examine the issue of food truck
venues on private property and propose a mechanism to allow these venues on a
temporary basis, subject to operational conditions.
City staff reported to the Council on August 11, 2010 that a Temporary Use Permit
would be the implementing mechanism to allow off - street food truck venues on a
temporary basis to enable staff to further study the issue and return with a
recommendation on a permanent permitting mechanism through a Zoning Ordinance
amendment. Staff reported back to Council on June 21, 2011 on several food truck
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issues, including the popularity of the temporary off - street food truck venue at the
California Heritage Museum and some concerns raised by Main Street restaurant
operators. Council then directed staff to return with a recommendation on Zoning
Ordinance amendments that could authorize off - street food truck venues on a
permanent basis. To date, off - street food truck venues have only been approved on a.
temporary basis at the California Heritage Museum on Tuesday nights and at 1401
Santa Monica Boulevard on Wednesdays.
Discussion
Food vending trucks have evolved from offering simple fare to worksite employees to
offering gourmet and exotic foods to the general public. These food vending trucks often
gather in an organized off - street venue and use modern social networking tools to
advertise such gatherings. Such off - street food truck venues are currently happening in
such diverse cities as West Hollywood, Seattle, Portland and Cincinnati where they
attract customers to underserved areas, create "eyes and ears" on the street, and
provide entrepreneurial opportunities for start -up businesses. However, there are no
provisions in the Santa Monica Municipal Code that permit such off - street food truck
venues to operate on a permanent basis.
As noted above, the City Council directed staff to recommend a permitting mechanism
to allow food truck venues on a continuing basis. Staff recommends a Performance
Standards Permit (PSP) to allow food truck venues in the CM Main Street Commercial
District and adjacent A Off - Street Parking Overlay Districts and the C4 Highway
Commercial District. A Performance Standards Permits "is intended to allow certain
uses to be established in particular areas if they comply with specific criteria and
standards." A PSP "provides for an administrative review and assessment of the
proposed development project in light of explicit performance standards. which have
been designed to ensure that the completed project will be in harmony with existing or
potential uses in the surrounding area..." The PSP is administratively issued by the
Zoning Administrator and is appealable to the Planning Commission. The adjacent
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property owners and residents are sent a copy of the PSP determination once it is
issued
Based upon LUCE principles and interest shown to date, staff recommends food truck
venues in the CM Main Street and adjacent A Overlay districts, and the C4 Highway
Commercial district. The LUCE states that Main Street should accommodate a variety of
commercial uses that provide daily necessities for those living in the surrounding
community, tourists and the greater Santa Monica area. Off - street food truck venues
provide a variety of inexpensive food options for the entire community. In addition, the
LUCE states that businesses and activities on Main Street that provide a distinctive
experience such as the California Heritage Museum, community gardens and the
farmer's market should be supported. Off - street food truck venues on Main Street
would be consistent with this policy in that they are themselves a unique experience that
increases pedestrian traffic in the area.
The C4 district is recommended for similar reasons. The LUCE states that an enhanced
multi - modal, mixed -use boulevard should be created along Santa Monica Boulevard
that provides residents, employees and visitors with an inviting pedestrian environment.
Off - street food truck venues would enhance the pedestrian experience by offering a
variety of inexpensive food options to area pedestrians. The LUCE also calls for active
ground floor uses on Main Street, Pico Boulevard and Lincoln Boulevard and sidewalk
dining along Santa Monica Boulevard, Pico Boulevard and Lincoln Boulevard. Finally,
there are stretches of Santa Monica Boulevard and Lincoln Boulevard that are not well
served by food serving establishments.
The A Off - Street Parking Overlay Districts have been included since these areas are
adjacent to the CM zoned areas on Main Street and support commercial operations on
the street.
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Analysis
Planning Commission Action
The Planning Commission considered the proposed amendment at its meeting on
August 22, 2012. The Commission discussed various permitting options, including
allowing the food truck venues by Temporary Use Permit with a limited term or allowing
the existing food truck operations to continue as permitted until the Zoning Ordinance is
updated. The Commission, however, decided not to defer action to the Zoning
Ordinance update and voted 5 -2 to recommend a Performance Standards Permit to
authorize the use. In addition, the Commission recommended that the Council consider
a permitting mechanism for the food truck venues that would have a limited term,
subject to renewal and possible amended conditions or standards. For reasons stated
further in this staff report, staff is not recommending this approach to permitting food
truck venues.
Performance Standards Permit
The Commission supported the staff recommended Performance Standards Permit
approach with some modifications to the standards. The Commission recommended
standards that differentiated the number of food truck events and hours of the events
between the C4 district and CM /A Overlay districts. Staff recommended a maximum of
three events per week, not before 8:OOam or after 11:00pm. The Commission felt that
food truck venues in the C4 district should be limited to a total of four and not exceed a
maximum of three events per week, operating between the hours of 8:OOam to
11:00pm. Further, the Commission recommended limiting venues in the CM /A Overlay
districts to one location with maximum hours of 5:OOpm to 10:OOpm.
The following performance standards incorporate the Planning Commission's
recommendations and are intended to ensure that the off - street food truck venues are
compatible with surrounding and adjacent uses and do not create an adverse impact on
adjacent properties by reason of noise, parking or litter:
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• Minimum Open Area and Maximum Number of Food Trucks. In order to provide
sufficient area for parking, pedestrians, restrooms, trash /recycle containers, etc.,
staff recommends a minimum of 15,000 square feet of open area on the parcel
and a maximum of one food truck per 2,000 square feet of open area.
• Days and Hours of Operation. In order to keep food truck venues as a re-
occurring special event, subject to Zoning Administrator approval, no food truck
venue may operate more than three days per week or before 8:OOam or after
11:OOpm, including set -up and clean -up, in the C4 Highway Commercial District
with a maximum number of food truck venues of four. The Zoning Administrator
would determine the frequency of operation, hours of operation and location of
food truck venues in the C4 district based upon the potential for adverse impacts
to the adjacent neighborhood.
In the CM Main Street Commercial District and adjacent A Off - Street parking
Overlay District, one off - street food truck venue is permitted which may operate
one day per week and not before 5:OOpm or after 10:OOpm, including set -up and
clean -up.
• Restrooms and Seating area. For the convenience of customers, a minimum of
one accessible public restroom for men and one for women shall be provided on-
site during all hours the food truck venue is in operation. A maximum 200 square
foot seating area may be provided and must be removed prior to closure of the
food truck venue for the day. Staff recommends the 200 square foot maximum to
ensure that the outdoor dining activities do not become a significant gathering
area that could generate noise that could disrupt the adjacent neighborhood.
• Parking. Staff recommends a minimum of two off - street parking spaces per food
truck along with a minimum of ten bicycle parking spaces to ensure that parking
will not infiltrate into the adjacent neighborhood. Barricades are required to
prevent vehicles from entering the food truck vending and seating area. The
layout of all parking areas would be subject of approval by the Strategic and
Transportation Planning Division to ensure the safe operation of the parking area
for vehicles and patrons.
There are no recognized off - street parking standards for food truck venues. The
Zoning Ordinance requires one parking space per 75 sq. ft. of dining area in
restaurants, within which about two tables or eight patrons can be located. Based
on observation and past experience, staff estimates that, on average, food trucks
can serve up to 16 patrons per hour (about one every four minutes). Since most
food trucks observed in operation in Santa Monica serve prepared (not pre -
made) meals, an estimate of approximately 16 patrons per hour is equivalent to a
dining area of 150 sq. ft. justifies a requirements of two parking spaces per food
truck.
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• Refuse and Recycling. To prevent litter in the surrounding neighborhood, refuse
and recycling containers shall be provided on -site during all hours of food truck
operations and all litter generated by the food truck operation must be picked up
by the venue operator within a minimum of a 300 -foot radius of the site prior to
closure of the food truck venue.
• Food Truck County Licensing. In order to ensure a healthy and safe food
preparation environment, the recommended standards include a provision to
require appropriate licensing by the Los Angeles County Department of Public
Health.
Allowing Off - Street Food Truck Venues on a Limited Term, Subject to Renewal
Currently, Santa Monica's zoning, laws do not have any mechanism to authorize
permanent or perpetually recurring uses with limited term use permits. Consistent with
generally accepted land use principles, local use permits (PSPs, CUPS, etc...) generally
grant land use entitlements to a property in perpetuity, unless otherwise revoked,
abandoned or amortized out of existence by subsequent legislation.
California courts have viewed expiration of use permits (e.g. PSP, CUP) in the land use
context with skepticism. Courts generally agree that use permits do not expire
automatically, even when a condition to the permit or local law provide for such an
expiration. In one case, a California court concluded that "once a use permit [even ones
with a definitive end -date] has been properly issued, the power of a municipality to
revoke it is limited." The court concluded that refusing to renew a use permit (even
ones with definitive terms) at the end of the permit term is to be treated the same as
revocation. Generally, revocation (or non - renewal) could occur if the permittee fails to
comply with permit conditions or if the permittee operates in a way that creates a public
nuisance. Additionally, independent from revocation, the City could eliminate
established uses in a zoning district through amortization.
Of course, these judicial decisions do not impose an outright prohibition from imposing
expiration dates on use permits, such as this PSP. However, even with an automatic
expiration date, the City would still have to meet the rigorous revocation standards
before it could effectuate the permit expiration. Nonetheless, an expiration date could
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provide the City with a practical opportunity to reexamine the permit at issue, and allow
the City to determine if adjustments are appropriate (e.g. through revocation for non-
compliance or elimination of the use through amortization).
Environmental Analysis
The proposed ordinance is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 15061(b)(3) in that it can been seen with
certainty that the proposed ordinance does not have the potential to significantly impact
the environment, since the proposed ordinance amendment merely allows off - street
food truck venues on large parcels with limited hours of operation and in limited areas of
the City with standards in place to ensure that there no adverse impacts on the adjacent
and surrounding neighborhood. In addition, the text amendment is exempt under CEQA
Section 15304, Class 4 which exempts minor temporary use of land having negligible or
no permanent effects on the environment since the off - street food truck venues would
be allowed a maximum of three days per week with limited hours.
Public Hearin
Notices of the City Council public hearings were published in the Santa Monica Daily
Press a minimum of 10 days prior to the hearing in accordance with City requirements.
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Financial Impacts & Budget Actions
There is no immediate Budget/Financial impact to the policy decision.
Prepared by: Paul Foley, Principal Planner
Approved:
David Martin, Director
Planning and Community Development
Attachments:
A. Proposed Ordinance
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Forwarded to Council:
Rod Gould
City Manager
ATTACHMENT A
PROPOSED ORDINANCE
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Council Meeting: 09 -11 -2012
Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 9.04 OF THE SANTA MONICA MUNICIPAL CODE RELATED
TO REGULATION OF OFF - STREET FOOD TRUCK VENUES
WHEREAS, over the recent past, food vending trucks have evolved from offering
simple fare to work site employees on the street to offering higher scale, gourmet and
more exotic foods to the general public on parcels in commercial areas; and
WHEREAS, these food vending trucks often gather together in an organized off-
street venue to offer food that is varied and use modern social networking tools to
advertise such gatherings to the general public; and
WHEREAS, such off - street food truck venues are currently offering services in
such diverse cities as West Hollywood, Seattle, Portland and Cincinnati where they
attract customers to underserved areas, create "eyes and ears" on the street, and
provide entrepreneurial opportunities for start -up businesses; and
WHEREAS, currently, there are no provisions in the Santa Monica Municipal
Code that permit such off - street food truck venues to operate on a permanent basis;
l= I
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WHEREAS, on January 19, 2010 the City Council directed staff to examine the
issue of food truck venues on private property and propose a mechanism to allow these
venues on a temporary basis, subject to operational conditions; and
WHEREAS, on August 11, 2010 City staff reported to the Council that a
Temporary Use Permit would be the implementing mechanism to allow off - street food
truck venues on a temporary basis so that matter can be studied further so staff could
report back to Council with a recommendation on a permanent permitting mechanism
through a Zoning Ordinance amendment; and
WHEREAS, on June 21, 2011 staff reported to Council on several food truck
issues, including the popularity of the temporary off - street food truck venue with patrons
at the Heritage Museum; and Council directed staff to return with a recommendation on
Zoning Ordinance amendments that could authorize off - street food truck venues on a
permanent basis; and
WHEREAS, Land Use and Circulation Element (LUCE) Policy D31.1 states that
Main Street should accommodate a variety of commercial uses that provide daily
necessities for those living in the surrounding community, tourists and the greater Santa
Monica area and off - street food truck venues provide a variety of food options for the
entire community; and
WHEREAS, LUCE Policy D31.2 states that businesses and activities on Main
Street, supported by the adjacent off - street parking overlays districts, that provide a
distinctive experience, such as the California Heritage Museum, community gardens
and the farmer's market, should be supported; and off - street food truck venues on Main
Street would be consistent with this policy; and
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WHEREAS, LUCE Goal B4 states that Santa Monica Boulevard should become
a multi - modal, mixed -use boulevard that provides residents, employees and visitors with
an inviting pedestrian environment, and off - street food truck venues on Santa Monica
Boulevard would enhance the pedestrian experience by offering a variety of inexpensive
food options to area pedestrians; and
WHEREAS, LUCE Policies D32.7, B18.8 and B25.11 stress the need for active
ground floor uses on Main Street, Pico Boulevard and Lincoln Boulevard; and
WHEREAS, LUCE Policies 84.10, B18.11 and B25.14 encourage sidewalk
dining along Santa Monica Boulevard and Pico Boulevard and Lincoln Boulevard where
it meets established criteria; and
WHEREAS, on August 15, 2012, the Planning Commission authorized staff to
initiate a Zoning Ordinance amendment process to permit off - street food truck venues in
the CM Main Street Commercial District, the A Off - Street Parking Overlay District and
the C4 Highway Commercial District by Performance Standards Permit; and
WHEREAS, on August 22, 2012, the Planning Commission recommended that
the City Council approve a Zoning Ordinance amendment; and
WHEREAS, on September 11, 2012, the City Council considered the proposed
Zoning Ordinance amendment; and
WHEREAS, for the reasons stated above and as further detailed in the
September 11, 2012 Council staff report, the proposed amendment is consistent in
principle with the goals, objectives, policies, land uses and programs specified in the
adopted General Plan; and
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WHEREAS, for the reasons stated above the public health, safety and general
welfare also require the adoption of the proposed amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 9.04.02.030.058 of the Santa Monica Municipal Code is
hereby added to read as follows:
9.04.02.030.538 Oft- street food truck venue
An organized gathering of food truck vendors located on a parcel which is open
to the public and operates on a regular schedule.
Section 2. Section 9.04.08.22.030 of the Santa Monica Municipal Code is
hereby amended to read as follows:
9.04.08.22.030 Uses subject to performance standards permit.
The following uses may be permitted in the C4 District subject to the approval of
a performance standards permit:
(a) Automobile rental agencies.
(b) Expansion of existing automobile dealerships of up to ten percent, but not
exceeding an additional five thousand square feet.
(c) Off - street food truck venues.
(d) Service stations.
(ed) Sidewalk cafes that exceed two hundred square feet in area.
Section 3. Section 9.04.08.28.030 of the Santa Monica Municipal Code is
hereby amended to read as follows:
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9.04.08.28.030 Uses subject to performance standards permit.
(a) Except for in those areas described in subsection (b), the following uses
may be permitted in the CM District subject to the approval of a performance standards
permit:
(1) Off - street food truck venues.
(2) Sidewalk cafes that exceed two hundred square feet in area.
(b) On parcels with frontage on Second Street, and which abut residentially
zoned property on at least one side yard, on that portion of the parcel located within
seventy -five feet of Second Street, uses permitted with a performance standards permit
are limited to:
(1) All uses permitted subject to a performance standards permit in the
OP -2 District.
Section 4. Section 9.04.08.38.040 of the Santa Monica Municipal Code is
hereby amended to read as follows:
9.04.08.38.040 Uses subject to performance standards permit.
The following uses may be permitted in the A Overlay District subject to the
approval of a Performance Standards Permit:
(a) All uses listed as subject to Performance Standards Permit in the
residential district in which the parcel is located.
(b) Off- street food truck venues on parcels adjacent to the CM Main Street
Commercial District.
Section 5. Section 9.04.12.190 of the Santa Monica Municipal Code is hereby
added to read as follows:
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9.04.12.190 Off - Street Food Truck Venues.
The purpose of this Section is to ensure that off - street food truck venues are
compatible with surrounding and adjacent uses and do not create adverse impacts on
adiacent properties by impairing safety, circulation or, parking or otherwise generating
excessive noise or litter. The following special conditions shall apply to off - street food
truck venues:
(a) Applicability. All new off - street food truck venues shall comply with the
development standards for the district in which they are located and with this Section.
(b) Maximum Number: The maximum number of off - street food truck venues
permitted in the CM District and the adiacent A Overlay District together shall be limited
to one The maximum number of off - street food truck venues permitted in the C4
District shall be limited to four.
(b) Minimum Open Area 15,000 square feet per food truck venue.
(c) Maximum Number of Food Trucks 1 food truck per 2,000 square feet of
open area.
Days and Hours of Operation.
(1) In the C4 District no food truck venue shall operate more than
three (3) days per week or before 8:00am or after 11:00pm including set -up and
clean -up.
(2) In the CM District and the adjacent A Overlay District no food truck
venue shall operate more than one (1) day per week or before 5:OOpm or after
10:OOpm including set -up and clean -up.
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(3) Specific days and hours of operation of individual food truck venues
within these limitations shall be determined by the Zoning Administrator or the
Planning Commission on appeal consistent with the purpose of this section.
(e) Restrooms A minimum of one accessible public restroom for men and
one for women shall be provided on -site during all hours the food truck venue is in
operation.
(f) Seating area A maximum 200 square foot seating area may be provided.
Any seating areas must be removed prior to closure of the food truck venue for the day.
(n) Parking A minimum of two off - street parking spaces per food truck is
required A minimum of ten bicycle parking spaces shall also be provided Barricades
shall be placed to prevent non - vending vehicles from entering the food truck vending
and seating area The off - street parking layout bicycle parking and placement of the
barricades shall be determined by the City consistent with the purpose of this section.
(h) Refuse and Recycling Refuse and recycling containers shall be provided
on -site during all hours of food truck operations The refuse and recyclinq plan shall be
reviewed and approved by the City's Resource Recovery and Recycling Division. All
litter generated by the food truck venue shall be picked up within a minimum of a 300 -
foot radius of the off- street food truck venue upon the closure of the venue.
(i) Food Truck Venue Operations The operation shall at all times be
conducted in a manner not detrimental to surroundinq properties or residents by reason
of lights noise activities parking or other actions The applicant shall control noisy
patrons both on -site and when leaving the premises No amplified music or
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loudspeakers shall be permitted The operation shall at all times comply with the
provisions of the City's Noise Ordinance.
(i) County Licensing. Each food truck shall be properly licensed by the Los
Angeles County department of Public Health.
Section 6. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
Section 7. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
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Section 8. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
MAR HA J N MOUTRIE
City ltt rney t
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2400 main street, #AS, santa monica, ca 90405, p 310 452 1019
To Whom It May Concern:
9/11/12
As a merchant on Main Street for over 12 years, we have been greatly hurt by the Tuesday night food
truck venue at the Victorian. We are only open until 8 pm, but have discussed the idea of closing our
doors early on Tuesday's, as we virtually have no business.
We understand the food trucks are trendy and draw a crowd, but nevertheless, I don't think this is any
reason to sell out the city's existing, tax paying, neighborhood establishments. There are many
restaurants on Main Street, all of which pay high rent and high city tax, as well as extra tax forthe
Coastal Commission on Main Street. Food truck tax is pooled, it is not directly benefiting Santa Monica.
And, although the Heritage Museum enjoys the money from the food trucks, I don't think it is fair for
them to raise monies at the expense of local businesses. Museums have many ways to raise funds, they
have been raising funds long before food trucks.
Abbot Kinney has developed quite a problem with the food trucks, and most of the merchants are upset,
it is not a business boost for the merchants there, but a problem which they are trying to deal with. If
you visit the Abbot Kinney Merchant Associations website, they have voiced much dilemma with the
food trucks.
We urge you to kindly consider the valuable group of merchants on Main Street. There are plenty of
existing restaurants and a terrible shortage of parking. Bringing in mobile restaurants who don't have
the same expenses or restrictions as permanent restaurants is just furthering the economic hardship
many have experienced these past couple of years. As a business owner for many years, I plead with the
council to please put your permanent merchants first. Please do not allow this food truck venue to
continue, and please do not extend or expand on it.