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Ordinance No. 1733 ORDINANCE. NO. 1733 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING FORTH SPECIFIC REGULATIONS GOVERNING THE VENDING OF GOODS FROM LOCATIONS WHICH ARE NOT PERMANENT TO MINIMIZE NEGATIVE LAND USE AND TRAFFIC IMP ACTS THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that Chapter - of the Cupertino Municipal Code shall read as follows: Chapter - Mobile Vendor Permits _.010. Purpose The purpose of this chapter is to set forth specific regulations to govern the vending of various goods from locations which are not permanent. It is recognized that such transient operations may have negative land use and traffic impacts which the city desires to minimize through a permit process. _.020. Mobile vending facility - Permit required No person shall place, maintain, conduct, park or allow to stand or remain any mobile vending facility, that is, any portable container, pushcart, lunch, meal or eating stand, or wagon used for displaying, selling or offering for sale cut flowers, foodstuffs or other merchandise, within the city limits of the City of Cupertino, without first obtaining a mobile vendor permit from the Director of Community Development, pursuant to Section _.030. For purposes of this section, automobiles, trucks or other vehicles defined in California Vehicle Code Section 670, as amended, shall not be permitted to be used as mobile vending facilities. _.30. Mobile vending facility - Permit procedure (a) The Director of Community Development may grant a permit authorizing establishment of a mobile vending permit. (b) Thirty (30) days prior to granting a permit, the director shall cause the requested mobile vending facility location to be posted, giving notice of the application and the date that the permit will be granted. In addition, written notice thereof shall be delivered to the occupants and property owners of properties within three hundred feet of the vending facility site. Persons wishing to appeal the permit must send a written appeal to the Director of Community Development within the thirty day application period. Upon receipt of a written appeal within the 30 day application period, the director shall cause the appeal to be promptly heard by the Planning Commission, whose decision in the matter shall be final. Sixty days after the application has been submitted, if no written appeal has been filed, all other conditions having been met, the director shall issue the permit. Ordinance No. 1733 Page 2 (c) Each permit issued hereunder shall authorize placement of a mobile vending facility only upon the public sidewalk or paved private property at a location described in such permit. Each permit shall specify the dates for which placement of a mobile vending facility shall be authorized, not exceeding one calendar year, and the names of those companies or persons authorized to exercise it. (d) Each application for a mobile vending permit shall be on forms provided by the Director of Community Development, shall be accompanied by an application fee established by the City Council, shall be signed by the property owner if requesting a private property location, and shall include the following: (1) The names and addresses of each person who will occupy the mobile vending location for purposes of exercising the permit; (2) A certificate of insurance with policy limits set by the City, naming the City of Cupertino as an additional insured when the vending facility will be located on public property, and stating the insurer's name, policy terms and principal amounts (combined single limit) of a policy of insurance against general liability, bodily injury, and property damage arising from the permitted activity. The City shall provide all insurance forms. Each such policy shall be amendable only upon thirty days' advance written notice to the city; (3) Plans for the proposed vending facility showing both the proposed site of the facility and the construction of the facility; and (4) Such additional information as may be required by the director. (e) The Director of Community Development shall grant mobile vending permits based upon the information contained in the application, public records, and/or the recommendations of departmental staff, when they indicate compliance with all of the provisions of this chapter, and it appears that no undue traffic safety, litter or parking consequences would result from exercise thereof. Should the Director of Community Development deny the permit, the applicant may submit a written appeal pursuant to Section 1.16.020 of this code. (f) The permit shall become effective upon issuance of a Cupertino business license, in addition to any applicable sanitation, health or safety permits. Permits shall require compliance with all applicable municipal code provisions and applicable health and sanitation requirements. (g) The director may attach such additional conditions to the permit as may be needed to fulfill the intent of this section. _.040. Mobile vending facility - Permit fees (a) Each applicant for a vending permit shall pay to the City of Cupertino a non-refundable application fee which shall be set by action of the City Council. (b) Each vendor granted a vending permit shall pay to the City of Cupertino an annual permit fee which shall be set by action of the City Council. Ordinance No. 1733 Page 3 _.050. Mobile vendors - Prohibited locations Notwithstanding the terms of any mobile vending permit, no person shall place, maintain, conduct, park or allow to stand or remain any portable container, vehicle, pushcart, eating stand, wagon or car used in selling, vending, peddling, bartering or exchanging any goods, flowers or foodstuff in any of the following places within the city: (a) In any RI (Single Family Residential) or RI-C (Single Family Residential Cluster) zoning districts; (b) In or upon any street (curb to curb) or center median strip, excluding sidewalks; (c) Upon any sidewalk or private property within ten feet of any bicycle lane designated by this code; (d) Upon any sidewalk within ten feet of any "no parking" zone designated pursuant to the provisions of Title II, during the times when such parking prohibition is in effect or upon any private property within twenty-five feet of any designated fire lane unless specifically allowed by the Director of Community Development in connection with a mobile vendor permit; (e) Within anyone hundred foot corner triangle; (f) On any private property which contains fewer parking spaces than the minimum number required by this code, regardless of whether the property has a variance or legal nonconforming status; (g) Within fifteen feet of any fire hydrant or public safety alarm box, or driveway; (h) Within one hundred feet of any public transit "bus stop" sign; (i) At any location on private property separated from the public right-of-way by landscaping or vegetation, unless reasonable precautions are taken or improvements installed sufficient to protect such landscaping from destruction by vending facility customers; (j) Within three hundred .feet of another mobile vendor, except where separated by a public street with four or more moving lanes; (k) Within five hundred feet of the nearest property line measured along any public street or sidewalk, upon which is located a public school building or park. (I) Mobile vendor facilities legally in operation at the time of enactment of this ordinance and not in violation of any other provision of the municipal code are exempt from the provisions of this section for two years. _0060. Mobile vendors - Exceptions (a) This chapter shall not apply to any person engaged in delivering merchandise from or to any store, fixed place of business or residence upon order of or by agreement with a customer of a store or other fixed place of business; (b) This chapter shall not apply to vehicles or trucks used for catering or vending prepared foodstuffs and located upon private property at the invitation of the property owner, solely for the use of the owner or owner's tenants or employees. (c) This event shall not apply to special events or festivals where prohibited locations are devoted exclusively to that use and where the events are regulated by the Outdoor Sales and Promotional Events Policy. Ordinance No. 1733 Page 4 _.070. Mobile vendors - Parking limited to location in permit Whenever any permit is granted under the provisions of this chapter and a particular location to park or stand any vehicle or wagon is specified therein, no person shall park or stand any vehicle or wagon on any location other than as designed in such permit. _.080. Mobile vendors - General regulations The following regulations are applicable to vendors with vending permits: (a) Size of vending facility. Vending stands shall not exceed eight (8) feet in length and five (5) feet in width or height. Umbrellas or canopies open on four sides are permitted, but shall not exceed eight (8) feet in height measured from grade. (b) Signage. No mobile vending facility shall display any sign, flag, banner, whether attached or on a separate structure, except such signs as may be painted on the sides thereof, provided that no signs exceed five feet in height or width. (c) Hours of operation. It is unlawful for vendors to engage in the business of vending between the hours of 8:00 P.M. and 7:00 A.M. Vendors may request from the city a temporary exception to the usual hours of operation for special events. All vending stands must be removed from public property during non-operating hours. (d) Trash. All vendors must provide at least one trash receptacle. all litter at the permit location must be removed by the vendor. (e) Noise. No vendor may use any device which produces loud sounds to attract public attention including loudspeakers, horns, bells, musical instruments, voice amplification or shouting. (f) Glass containers. Vendors are not permitted to sell or dispense items of food or drink in glass containers which would be carried away by the customer after purchase. (g) Obstruction of pedestrian traffic. A four foot width of sidewalk must be kept clear at all times. No vendor shall in any way impede or obstruct pedestrian traffic. _.090. Mobile vending facility - Permit revocation or suspension If the Director of Community Development finds that any mobile vending facility has been erected, altered, relocated or maintained in violation of any provision of this chapter or any other relevant ordinance of the city, the permit may be revoked or suspended by the Director, after notice and hearing. The notice shall fix a time and place, not less than five, or more than thirty days after service thereof, at which time the holder of the permit may appear before the Director of Community Development and be granted a hearing upon the merits of such suspension or revocation. If after such hearing is ordered revoked, the holder shall have the right to appeal pursuant to Section 1.16.020 of this code. Upon receiving notice of final action by the City in revoking or Suspending the permit, the permit holder shall immediately cease operations and remove his or her mobile vending facility from the previously approved location. Ordinance No. 1733 Page 5 Notwithstanding the above, if the Director finds that any mobile vending facility, whether conforming with the ordinance or not, is an immediate peril or menace to the public, or to any person, the Director may order the owner to immediately cease operations and remove the facility. _.100. Penalty Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 3rd day of September, 1996, and ENACTED at a regular meeting of the City Council of the City of Cupertino this --1.6..th day of September , 1996, by the following vote: ~ Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Bautista, Chang, Dean, Sorensen, Burnett None None None ATTEST: APPROVED: C~~ ~.4r~ Mayor, City of Cupertino