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City Commission Briefing

Meeting Date:	02/23/2017
Ordinance 2017-02 - Amending Zoning Ordinance to Provide for Mobile Food Vending and to Establish Signage Regulations for Mobile Food Vendors
Submitted by:	Roger Horner, Legal
Department:	Legal

Information

Subject

Ordinance 2017-02 - Amendments to the Zoning Ordinance to provide for mobile food vending as a permitted use and to establish signage regulations for mobile food vendors

Background

Ordinance 2017-02 is a companion ordinance to Ordinance 2017-01, which establishes regulations for mobile food vendor operations. The Brentwood Municipal Code does not currently address mobile food vendors (which includes food trucks and ice cream trucks that sell to the general public, as well as canteen trucks that generally serve a more targeted group, such as workers at a construction site.) Their operations would be allowed in commercial zoning districts that generally allow retail sales (C-2, C-3 and C-4) but retail food sales are not a permitted use in other districts. Ordinance 2017-02 amends various sections of the Zoning Ordinance to specifically provide for mobile food vending as a permitted use. The ordinance as passed on first reading would allow mobile food service vehicles as follows:

In all commercial zoning districts, subject to the regulations adopted under Ordinance 2017-01.
In all service-institution zoning districts, but only for special events that have been approved in advance by the City, and subject to the regulations adopted under Ordinance 2017-01. (See below regarding proposed amendments to the ordinance's provisions on mobile food vending in these districts.)
In all residential zoning districts, but only for events conducted by homeowner or property owner associations or other special events approved by the Planning Commission, and subject to the regulations adopted under Ordinance 2017-01.

Ordinance 2017-02 also adds provisions to the City's sign regulations to reference the signage restrictions for mobile food service vehicles included in Ordinance 2017-01.

Following up on discussions with the Board of Commissioners about mobile food vending operations in service-institution (SI) zoning districts, staff has prepared proposed amendments to Ordinance 2017-02 for consideration on second reading. A redlined version of the ordinance, showing the proposed amendments, is attached. The amendments address the potential for SI properties (such as churches and schools) to host one or two food trucks on an occasional basis. While the ordinance as passed on first reading addresses food truck rallies involving three or more trucks, it did not include provisions to address vending operations by fewer than three mobile food vendors in SI zones. The amendments also make it clear that mobile food service vehicles providing pre-arranged catering services are permitted.

At its February 6 meeting, the Planning Commission voted unanimously to recommend passage of Ordinance 2017-02. A public hearing on the ordinance was held at the February 13 Board of Commissioners meeting. There were no comments in opposition to the ordinance.

Please contact the City Manager, City Attorney or Planning and Codes Director if you have any questions about Ordinance 2017-01 or Ordinance 2017-02.

Staff Recommendation

Staff recommends passage of Ordinance 2017-02 with the proposed amendments on second reading.

Previous Commission Action

At its January 10, 2017 meeting, the Board of Commissioners voted unanimously to pass Ordinance 2017-02 on first reading.

Fiscal Impact

Attachments
Ordinance 2017-02, as passed on first reading
Ordinance 2017-02 with proposed amendments for second reading