Agenda packet — Coachella City Council, January 17, 2024

City Council Chamber
1515 6th Street, Coachella, California
(760) 398-3502  www.coachella.org

AMENDED AGENDA

OF A REGULAR MEETING
OF THE

CITY OF COACHELLA

PLANNING COMMISSION
January 17, 2024
6:00 PM
In-Person Meeting
Location:

City Council
Chamber
1515 6th Street,
Coachella, California
If you would like to attend the meeting via Zoom, here is the link:
https://us02web.zoom.us/j/84544257915?pwd=VTdHWitpYVdOUk1NQW8vZ1pqUm0zQT 09 Or One tap mobile : +16694449171,,84544257915#,,,,*380084# Or Telephone:

US: +1 669 900 6833
Webinar ID: 845 4425 7915
Passcode: 380084
Spanish: El idioma español está disponible en Zoom seleccionado la opción en la parte de abajo de la pantalla
 Public comments may be received either in person, via email, telephonically, or via Zoom with a limit of 250 words, or three minutes:
o In Real Time:

If participating in real time via Zoom or phone, during the Public Comment Period, use the “raise hand” function on your computer, or when using a phone, participants can raise their hand by pressing *9 on the keypad.
o In Writing:

Written comments may be submitted to the City Council electronically via email to [email protected]. Transmittal prior to the start of the meeting is required. All written comments received will be forwarded to the City Council and entered into the record. o If you wish, you may leave a message at (760) 262-6240 before 5:30 p.m. on the day of the meeting.  The live stream of the meeting may be viewed online by accessing the city's website at www.coachella.org, and clicking on the "Watch Council Meetings" tab located on the home page, and then clicking on the "live" button.

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:
1 APPROVAL OF AGENDA:
“At this time the Commission may announce any items being pulled from the agenda or continued to another date or request the moving of an item on the agenda.”
APPROVAL OF THE MINUTES:

1. Planning Commission Meeting Minutes December 6 2023

2. Planning Commission Study Session Minutes December 6 2023 WRITTEN COMMUNICATIONS:

PUBLIC COMMENTS (NON-AGENDA ITEMS):
“The public may address the Commission on any item of interest to the public that is not on the agenda, but is within the subject matter jurisdiction thereof. Please limit your comments to three (3) minutes.” REPORTS AND REQUESTS:

NON-HEARING ITEMS:

3. Luxtor Luxury RV Storage Rooftop Screening – 49751 Oates Lane PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

4. Sidewalk Vendor Regulations – proposed amendments to Sections 5.04.380, 8.040.010, and 12.04.030 of the Coachella Municipal Code and adding Chapter 12.50 to the Coachella Municipal Code Amendments regarding sidewalk vending regulations in compliance with Senate Bill 946. City-Initiated

5. Family Dollar – Type 20 ABC License
Conditional Use Permit No. 373 to allow liquor sales (ABC Type 20, Off-Sale Beer & Wine) within a 8,213 SF dollar store located at 52226 Cesar Chavez Street. Applicant: Family Dollar LLC INFORMATIONAL:

6. Director Report
ADJOURNMENT:

Complete Agenda Packets are available for public inspection at the City Clerk’s Office at 53-462 Enterprise Way, Coachella, California, and on the City’s website www.coachella.org.

THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES 2 City Council Chamber
1515 6th Street, Coachella,
(760) 398-3502 
www.coachella.org
AGENDA
Anmendada
DE UNA REUNIÓN ESPECIAL DE
LA
COMISIÓN DE PLANIFICACIÓN

PLANNING COMMISSION
17 de Enero, 2024
6:00 PM
https://us02web.zoom.us/j/84544257915?pwd=VTdHWitpYVdOUk1NQW8vZ1pqUm0zQT09 O one tap mobile:

Us: +16699006833,, 84544257915#,,,,* 380084# US
O teléfono:

Us: +1 669 900 6833
ID del webinar: 845 4425 7915
Código de acceso: 380084
Español: El idioma español está disponible en Zoom seleccionado la opción en la parte de abajo de la pantalla Los comentarios públicos se pueden recibir por correo electrónico, por teléfono o por zoom con un límite de 250 palabras o tres minutos:

En vivo:

Si participa en vivo a través de zoom o teléfono, durante el período de comentarios públicos, use la función "levantar la mano" en su computadora, o cuando use un teléfono, los participantes pueden levantar la mano presionando *9 en el teclado.

Por escrito:

Los comentarios escritos pueden enviarse a la comisión electrónicamente por correo electrónico a [email protected]. Se requiere la transmisión antes del inicio de la reunión. Todos los comentarios escritos recibidos serán enviados a la comisión e ingresados en el registro.

SI LO DESEA, PUEDE DEJAR UN MENSAJE EN EL (760) 398-3102, EXTENSIÓN 122, ANTES DE LAS 4:00 P.M. DEL DÍA DE LA REUNIÓ
3 LLAMADO AL ORDEN:

JURAMENTO A LA BANDERA:

PASE DE LISTA:

ORDEN DEL DÍA ESPECIAL
APROBACIÓN DE LA AGENDA:
“En este momento, la Comisión puede anunciar cualquier punto que está siendo retirado de la agenda o continuado a otra fecha o solicitar el traslado de un punto de la agenda”.

APROBACION DE LAS ACTAS:

1. Borrador de las Actas de la Comisión de Planificación – 6 de Deciembre, 2023.

2. Borrador de las Actas de la Sesion de Estudio la Comisión de Planificación - 6 de Deciembre, 2023.

COMUNICACIONES ESCRITAS:

COMENTARIOS DEL PÚBLICO (PUNTOS QUE NO ESTÁN EN LA AGENDA):
“El público puede dirigirse a la Comisión sobre cualquier tema de interés para el público que no esté en la agenda, pero que esté dentro de la jurisdicción de la materia de la misma. Por favor limite sus comentarios a tres (3) minutos”.

INFORMES Y SOLICITUDES:

PUNTOS QUE NO SON DE AUDIENCIA:

1. Luxtor Luxury RV Storage Rooftop Screening – 49751 Oates Lane CALENDARIO DE AUDIENCIAS PÚBLICAS (CUASI-JUDICIAL):

2. Permiso de Uso Ordenanza de vendedores ambulantes.

3. Family Dollar – Type 20 ABC Licencia de Licor
INFORMATIVO:

Actualizaciones del director
SE SUSPENDE LA SESIÓN:

ESTA REUNIÓN ES ACCESIBLE PARA PERSONAS CON DISCAPACIDAD Los paquetes completos de la agenda están disponibles para inspección pública en el Departamento de Servicios de Desarrollo en 53-990 Enterprise Way, Coachella, California, y en el sitio web de la ciudad www.coachella.org.
4 5
Civic Center
53990 Enterprise Way, Coachella, CA
(760) 398-3502  www.coachella.org

MINUTES

OFTHE CITY OF THE

CITY OFCOACHELLA

PLANNING COMMISSION
December 6, 2023
6:00 PM
If you would like to attend the meeting via zoom, here is the link:
https://us02web.zoom.us/j/84544257915?pwd=VTdHWitpYVdOUk1NQW8vZ1pqUm0zQT09 Or one tap mobile :

Us: +16699006833,, 84544257915#,,,,* 380084# US
Or telephone:

Us: +1 669 900 6833
Webinar ID: 845 4425 7915
Passcode: 380084
Spanish: El idioma español está disponible en Zoom seleccionado la opción en la parte de abajo de la pantalla Public comments may be received via email, telephonically, or via zoom with a limit of 250 words, or three minutes:

In real time:

If participating in real time via zoom or phone, during the public comment period, use the “raise hand” function on your computer, or when using a phone, participants can raise their hand by pressing *9 on the keypad.

In writing:

Written comments may be submitted to the commission electronically via email to [email protected]. Transmittal prior to the start of the meeting is required. All written comments received will be forwarded to the commission and entered into the record.

IF YOU WISH, YOU MAY LEAVE A MESSAGE AT (760) 398-3102, EXTENSION 122, BEFORE 4:00 P.M. ON THE DAY OF THE MEETING
6 Item 1.

CALL TO ORDER: 6:02 PM
PLEDGE OF ALLEGIANCE:

Vice Chair Hernandez
ROLL CALL:

Commissioners Present: Commissioner Arvizu, Commissioner Ramirez, Alternate Commissioner Fonseca, Vice Chair Hernandez, Chair Gonzalez.

Commissioners Absent: Commissioner Murillo.

Staff Present: *Gabriel Perez, Development Services Director. *Jason Stevens, Information Technology Manager.
*Jesus Medina, Information Technology Tech.

APPROVAL OF AGENDA:
“At this time the Commission may announce any items being pulled from the agenda or continued to another date or request the moving of an item on the agenda.”

IT WAS MOVED BY COMMISSIONER RAMIREZ AND SECONDED BY VICE CHAIR HERNANDEZ TO APPROVE THE AGENDA.

Approved by the following roll call vote:

AYES: Commissioner Ramirez, Alternate Commissioner Fonseca, Vice Chair Hernandez, Chair Gonzalez, Commissioner Arvizu.

NOES: None.

ABSTAIN: None.

ABSENT: Commissioner Murillo.

APPROVAL OF THE MINUTES:

1. Draft Planning Commission Minutes – November 15, 2023.

IT WAS MOVED BY COMMISSIONER RAMIREZ AND SECONDED BY VICE CHAIR HERNANDEZ TO APPROVE THE MINUTES.

Approved by the following roll call vote:

AYES: Commissioner Arvizu, Commissioner Ramirez, Vice Chair Hernandez, Chair Gonzalez, Alternate Commissioner Fonseca.

NOES: None.

ABSTAIN: None.

ABSENT: Commissioner Murillo
WRITTEN COMMUNICATIONS:

None.

PUBLIC COMMENTS (NON-AGENDA ITEMS):
7 Item 1.
“The public may address the Commission on any item of interest to the public that is not on the agenda, but is within the subject matter jurisdiction thereof. Please limit your comments to three (3) minutes.” Public Comment Opened at 6:09 pm by Chair Gonzalez.

Angel Cardoz, Coachella resident, spoke and provided comments.

Public Comment Closed at 6:12 pm by Chair Gonzalez.

REPORTS AND REQUESTS:

None.

NON-HEARING ITEMS:

None.

PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

2. Coachella General – Alcohol Sales
Conditional Use Permit No. 357 modification to allow liquor sales as part of a proposed 820 sq. ft. beer, wine and roastery coffee lounge (ABC Type 42, On-Sale Beer and Wine) in an existing commercial building located at 1258 6th Street in the DT-PV (Downtown) zone. Teddy Lee (Applicant) Gabriel Perez, Development Services Director, gave a brief presentation for the item. A copy of the presentation is on file in the Planning Division.

Public Comment Opened at 6:22 pm by Chair Gonzalez.

Steve Garcia, Applicant, spoke and provided comments.

Public Comment Closed at 6:25 pm by Chair Gonzalez.

IT WAS MOVED BY COMMISSIONER RAMIREZ AND SECONDED BY COMMISSIONER ARVIZU TO ADOPT RESOLUTION NO PC2023-32 APPROVING CONDITIONAL USE PERMIT NO. 357 MODIFICATION TO ALLOW LIQUOR SALES AS PART OF A PROPOSED 820 SQ. FT. BEER, WINE, AND ROASTERY COFFEE LOUNGE (ABC TYPE 42, ON-SALE BEER AND WINE) IN AN EXISTING COMMERCIAL BUILDING LOCATED AT 1258 6TH STREET IN THE DT-PV (DOWNTOWN) ZONE.

Approved by the following roll call vote:

AYES: Commissioner Ramirez, Commissioner Arvizu, Chair Gonzalez, Vice Chair Hernandez, Alternate Commissioner Fonseca.

NOES: None.

ABSTAIN: None.

ABSENT: Commissioner Murillo.

INFORMATIONAL:

3. Director’s Development Update
8 Item 1.
 Transformative Climate Communities Grant has been awarded the City of Coachella, which will fund more housing and commercial opportunities in the Downtown area.  Staff met with RCTC and a kick-off for the rail station feasibility study will occur the second week of January 2024.

Respectfully Submitted by,
________________________
Gabriel Perez
Planning Commission Secretary
ADJOURNMENT:

THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES Complete Agenda Packets are available for public inspection in the Development Services Department at 53-990 Enterprise Way, Coachella, California, and on the City’s website www.coachella.org.
9 Item 1.
10 Item 1.

Council Chambers, Hearing Room
1515 6th Street, Coachella, California
(760) 398-3502  www.coachella.org

MINUTES

OFA SPECIAL MEETING
OF THE

CITY OFCOACHELLA

PLANNING COMMISSION
December 06, 2023
5:00 PM
If you would like to attend the meeting via zoom, here is the link:
https://us02web.zoom.us/j/84544257915?pwd=VTdHWitpYVdOUk1NQW8vZ1pqUm0zQT09 Or one tap mobile :

Us: +16699006833,, 84544257915#,,,,* 380084# US
Or telephone:

In real time:

In writing:

IF YOU WISH, YOU MAY LEAVE A MESSAGE AT (760) 398-3102, EXTENSION 122, BEFORE 4:00 P.M. ON THE DAY OF THE MEETING.
11 Item 2.

CALL TO ORDER: 5:13 PM
ATTENDANCE:

Commissioners Present: Commissioner Ramirez, Vice Chair Hernandez, Alternate Commissioner Fonseca, Commissioner Arvizu, Chair Gonzalez.

Commissioners Absent: Commissioner Murillo.

Staff Present: *Gabriel Perez, Development Services Director *Miguel Navarrete, Intern
*Celina Jimenez, Economic Development Director
*Cesar Lucrecio, Economic Development Technician
*Rene Rosales, Code Enforcement Manager
*Lizzandro Diaz, Building Official.

STUDY SESSION ITEMS:

Said study session shall be for purpose of discussing the following:

1. Study Session – City of Coachella Short-Term Rental Program Update Miguel Navarrete, Intern and Gabriel Perez, Development Services Director, gave a presentation of the City of Coachella’s current Short-Term Rental Program. A copy of the presentation is on file in the Planning Division.

Rene Rosales, Code Enforcement Manager, made himself available for any questions and provided information regarding the City’s enforcement of Short-Term Rentals.

Celina Jimenez, Economic Development Director, made herself available for any question and provided information regarding the City’s Short-Term Rental Program.

COMMISSION COMMENT
The Planning Commission recommended that the City Council consider the following items:
 Increase Transient Occupancy Tax from 9% to 12%-15%.
 Tier fee system that separates local residents and outside investors  Increase monitoring and tracking of Short-Term Rentals  Adequately staff departments to properly run a Short-Term Rental Program  Increase the Short-Term Rental Permit fee
 Create a landing page on the City of Coachella website for the Short-Term Rental Program  Require a hold harmless provision or indemnification form, insurance, and a deed before issuing Short-Term Rental Permits
 Good neighbor brochure
 Consider a cap for Short-Term Rentals in hotspot areas  Parking requirements per bedroom
12 Item 2.

ADJOURNMENT:
6:00 PM

STAFF REPORT
1/17/2024
TO: Planning Commission
FROM: Gabriel Perez, Development Services Director
SUBJECT: Luxtor Luxury RV Storage Rooftop Screening – 49751 Oates Lane STAFF RECOMMENDATION:

Staff requests that Planning Commission review the roof screening solution implemented proposed at Luxtor Luxury RV storage and provide feedback to staff.

BACKGROUND/DISCUSSION:

The Luxtor Luxury RV Storage project was approved by the City Council on January 10, 2019 and includes construction of an indoor air conditioned RV storage facility consisting of 157 parking garages. The project also includes a 5,790 sq. ft. RV repair shop, a 4,270 sq. ft. office building, a manager’s unit with an attached two car garage and all off-site improvements on 6.09 acres at 49751 Oates Lane. The project is near completion and in process of building inspections.

During a recent inspection it was observed that rooftop mechanical equipment was exposed and visible contrary to the conditions of approval which requires that the equipment be view obscured by a parapet wall as follows:

Condition of Approval #42
All roof mounted mechanical equipment, except solar panels, shall be view obscured by a parapet wall in height than the equipment installed. Ground mounted mechanical equipment shall be view obscured by landscaping or enclosure.

The applicant installed metal shrouding features on the roof to view obscure the mechanical equipment to address staff concerns which the applicant believes satisfy the intent of the condition of approval. The shrouding is visible above the roofline when viewed from Grapefruit Boulevard or on the Avenue 50 bridge but is largely not visible from other vantage points. This item is presented before the Planning Commission in order to obtain feedback on the screening solution provided by the applicant and whether it would be considered in substantial compliance with the condition of approval.
15 Item 3.

Attachments:

1. Luxtor Approved Site Plan

2. Luxtor approved building renderings

3. Existing Conditions Photos
16 Item 3.
4 9'-10
"
4 6'-10
"

TABULATION

STORAGE

SERVICE
BLDG. B
BLDG. A
BLDG. D
BLDG. F
BLDG. H BLDG. I
2 2'-0
"
62'-0"
(6) SERVICE BAYS

96.5'X60'=5790 S.F.

ENCLOSURE

RECYCLE

TRASH AND

APPROACH

AND DRIVE

CURB CUT

PROPOSED

APPROACH

AND DRIVE

CURB CUT

EXISTING

BLOCK WALL

EXISTING

PLANTER
945 S.F.

PLANTER
318 S.F.

CURB

EXISTING

BLOCK WALL

EXISTING

SIDEWALK

EXISTING

DRIVEWAY

MANAGER'S
TOTAL PARKING PROVIDED:

HANDICAP PARKING:

CARETAKERS GARAGE:

GUEST PARKING SPACES:

RV GARAGE PARKING:

PARKING PROVIDED

TOTAL REQUIRED

CARETAKER'S
123,873-20,000/1,000=
20,000/400=

PARKING REQUIRED
160 SPACES
1 SPACE
2 SPACES
8 SPACES
149 SPACES
156 SPACES
2 SPACES
104 SPACES
50 SPACES
6,249 S.F.
6,204 S.F.
124,080X5%=
1-HANDICAP SP. 10'X20'
ONLY
ENTRY
GATES

SWINGING

AUTOMATIC
PAIR 11'X8'
ONLY
EXIT

SLIDING GATES

AUTOMATIC
PAIR 11'X8'

DUMP AREA

RV WASH/

TREE LIST

CITY APPROVED

TREE PLANTING PER

MATURE SPECIMAN
BLDG. C
(1) RV GARAGE 17.67'X84.33'
(1) RV GARAGE 17.67'X72.25'
(1) RV GARAGE 17.67'X60.18' + SIDE STOR.

GARAGES+STOR.=5,019 S.F.
(20) RV GARAGES 15'X50'
300.33'X50'=15,017 S.F.

PLANTER
916 S.F.
10'-0
"
15'-4
"

PLANTER
546 S.F.

PLANTER
55 S.F.

YARD: 1127 S.F.

MANAGER'S
ACCESS
LINE MAINT.

FOR POWER

STEEL GATES
PAIR 5' WIDE

CUT WALL FOR
23'-6
1/8
"
8'-2
" 15'-2
"
2 2'-0
"
3'-8
"
UNIT: 3,509 S.F.

OFFICE AND MANAGER'S
508 SQ. FT.
2-CAR GARAGE

MANAGER'S UNIT
670 SQ. FT.

SERVICE STORAGE
(36) RV GARAGES 15'X50'
540.17'X50'=27,009 S.F.

LOCATION

SIGNAGE
PIECE

SCULPTURE

PLANTER
130 S.F.

EX.STOR. BLDG.

EXISTING BUILDING SHED

PLANTER
52 217 S.F. '-10"
12'-4 5/8"
70'-0
"
5 0'-0
" 12'-3 1/2
"
6 0'-0
" 12'-3 1/2
"
70'-0
"
5 0'-0
" 111/2
"

PLANTER
125 S.F.
300'-4" 2'-6" 300'-4" 15'-0"
41'-6
9/16
"
(1) RV GARAGE 15'X41.54'
(19) RV GARAGES 15'X50'
GARAGES+STOR.=14,992 S.F.

HIGH BLOCK WALL
EXISTING 8 FOOT
BLDG. E
BLDG. G
300'-4" 5'-0" 180'-4" 5'-0" 21'-4" 66'-8" 27'-0" 6'-0"
9'-4"2'-8"9'-4"
540'-2" 4'-10" 96'-0" 5'-0" 65'-2" 3'-6"

FIRE ACCESS

KNOCK BOX FOR
3060 W.I. GATE WITH

CUT WALL TO ADD

FIRE HYDRANT

FIRE HYDRANT
(1) RV GARAGE 15'X49.83' + SIDE STOR.
(17) RV GARAGES 15'X49.83'
GARAGES+STOR.=14,361 S.F.

FIRE HYDRANT
(20) RV GARAGES 15'X46.83'
300.33'X46.83'=14,064 S.F.
(20) RV GARAGES 15'X49.83'
300.33X49.83=14,965 S.F.
(12) RV GARAGES 15'X46.83'
180.33'X46.83'=8,445 S.F.
31'-8 5/8
"
(1) 12'-8" SPACE
(7) 9' PARKING SPACES &
149
6 123,940 S.F.
113,880 S.F.
15,017 S.F.
14,992 S.F.
14,965 S.F.
14,361 S.F.
8,445 S.F.
14,064 S.F.
32,036 S.F.
5,790 S.F.
4,270 S.F.
124,080 S.F.
265,432 S.F. (6.093 AC.)
TOTAL RV GARAGES:

TOTAL SERVICE BAYS:

TOTAL BUILDING S.F.:

TOTAL RV GARAGE S.F.:
(20) RV GARAGES:

BUILDING I
(20) RV GARAGES:

BUILDING H
(20) RV GARAGES:

BUILDING G
(18) RV GARAGES

BUILDING F
(12) RV GARAGES

BUILDING E
(20) RV GARAGES:

BUILDING D
(39) RV GARAGES:

BUILDING C
(6) SERVICE BAYS:

BUILDING B
WITH SERVICE STOR:

OFFICE/MANAGER'S UNIT

BUILDING A
BUILDINGS:

DRIVEWAY AREA:

LOT SIZE:

PLANTER
595 S.F.

PLANTER
483 S.F.

AREA PROVIDED:

LANDSCAPE
AREA REQUIRED:

PARKING LANDSCAPE

LANDSACPING
TITLE-24 STANDARDS

PATH OF TRAVEL PER

INDICATES HANDICAP
LOCK

CAMERA, SPEAKER AND REMOTE
3' WIDE WALK-IN MAN GATE W/
30'-0" 15'-0" 255'-4" 5'-0" 300'-4" 72'-2 5/16 "
13'-4
"
5 0'-0
"
3'-0
"
4'-0
"18'-0
"
81'-8
"
5'-0"
12'-8" 9'-0" TYP. 9'-0" 8'-0" 10'-0"
2 0'-0
"
7'-0
"
2 0'-0
"

FIRE HYDRANT

PLANTER
792 S.F.

SCALE: 1"=30'-0"

SITE PLAN

ARCHITECTURAL
ASP.1
L
C
S88°28'00"W 882.64'
424
.97'
N36°06'20"W
634.44' S88°28'00"W
PL
PL
PL
7 9
.5
6 '

60.00'
S88°28'00"W
O
A
T
E
S
L
A
N
E
S
0 0
°2
2 '4
0 "E
N
0 0
2°
2 '4
0 "W
3 5
0 .0
0 '
PL
634.44' S88°28'00"W
42 9
.4
1 '
FD 1"PIPE
NO TAG
FD 1"PIPE
NO TAG
FD 1"PIPE
NO TAG

5.5'

6.5'
PL

VERIZON TELCOM TWR

UNDERGROUND PETROLEUM MARKER

ETROLEUM TEST SAMPLE STATION

UNDERGROUND

PETROLEUM
LINE

GUY ANCHORS
GUY

ANCHORS
(CHAIN LINK FENCE) (CHAIN LINK FENCE) (CHAIN LINK FENCE) (CHAIN LINK FENCE) GUY ANCHORS PP-50067T
TP-905211D PP-50069T
TP-905209D
PP-50071T
(CHAIN
LINK
FENCE)
C-39 C-38 C-37 C-36 C-35 C-34 C-33 C-32 C-31 C-30 C-29 C-28 C-27 C-26 C-25 C-24 C-23 C-22 C-21 C-20 C-19 C-18 C-17 C-16 C-15 C-14 C-13 C-12 C-11 C-10 C-9 C-8 C-7 C-6 C-5 C-4 C-3 C-2 C-1 D-20 D-19 D-18 D-17 D-16 D-15 D-14 D-13 D-12 D-11 D-10 D-9 D-8 D-7 D-6 D-5 D-4 D-3 D-2 D-1 E-12 E-11 E-10 E-9 E-8 E-7 E-6 E-5 E-4 E-3 E-2 E-1 H-20 H-19 H-18 H-17 H-16 H-15 H-14 H-13 H-12 H-11 H-10 H-9 H-8 H-7 H-6 H-5 H-4 H-3 H-2 H-1 I-20 I-19 I-18 I-17 I-16 I-15 I-14 I-13 I-12 I-11 I-10 I-9 I-8 I-7 I-6 I-5 I-4 I-3 I-2 I-1 F-18 F-17 F-16 F-15 F-14 F-13 F-12 F-11 F-10 F-9 F-8 F-7 F-6 F-5 F-4 F-3 F-2 F-1 G-20 G-19 G-18 G-17 G-16 G-15 G-14 G-13 G-12 G-11 G-10 G-9 G-8 G-7 G-6 G-5 G-4 G-3 G-2 G-1

SCALE: 1"=30'-0"

SITE PLAN

ARCHITECTURAL
ASP.1
P
R
E
L
IM
IN
A
R
Y
not
for
c
onstruction

LIC ENSED ARCHITEC
T

STATE OF CALIFORNIA
REN.

WILLIAM WAYNE COLLINS
C-11179
express written permission and consent of W. Wayne Collins Architect. nor are they to be assigned to any third pary, without first obtaining the to be reproduced, changed or copied in any form or manner whatsoever, law copyright and other property rights in these plans. These plans are not C Copyright 2018 W. Wayne Collins, Architect expressly reserves its common 3/31/19

LUXURY STORAGE LLC
LUXTOR
COACHELLA, CA 92236
49751 OATES LANE
DECEMBER 18, 2018
(949) 246-2351
26582 Via Calif., Capistrano Beach, CA 92624
17 Item 3.
18 Item 3.

Existing Conditions photos Luxtor Luxury RV Storage
View from Grapefruit Blvd.
19 Item 3.
20 Item 3.

STAFF REPORT
1/17/2024
TO: Planning Commission Chair and Commissioners
FROM: Gabriel Perez, Development Services Director
SUBJECT: Sidewalk Vendor Regulations – proposed amendments to Sections 5.04.380,

8.040.010, and 12.04.030 of the Coachella Municipal Code and adding Chapter

12.50 to the Coachella Municipal Code Amendments regarding sidewalk vending regulations in compliance with Senate Bill 946. City-Initiated STAFF RECOMMENDATION:

Staff recommends that the Planning Commission adopt Resolution No. PC2024-02 recommending that the City Council approve amendments to the Coachella Municipal Code (C.M.C.) Sections

5.04.380, 8.040.010, and 12.04.030 and adding Chapter 12.50 related to establishment of sidewalk vendor regulations.

BACKGROUND:

In 2018, the California Legislature passed Senate Bill 946 (SB 946) which prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB 946. SB 946 applies to both charter and general law cities. SB 946 prohibits local governments from imposing criminal penalties for sidewalk vending, except SB 946 did not affect the applicability of the California Retail Code, commencing at Health and Safety Code section 113700. SB 946 authorizes the implementation of time, place, and manner regulations that are directly related to objective health, safety, or welfare concerns, and that do not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified. Staff worked with the City Attorney’s office to develop a draft ordinance to amend the Coachella Municipal Code (C.M.C).

SB 946, in effect January 1, 2023, created a new category for “compact mobile food operation,” as a mobile food facility that operates from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or other nonmotorized conveyance and permits a range of food preparation activity including heating, frying, baking, roasting, shaving of ice, blending, steaming of hot dogs or assembly of non-prepackaged food.

On October 14, 2020, the City Council considered Ordinance No. 1154 and continued the item to a date uncertain with the understanding that a study session would be held after 2022 elections in order to develop a more holistic approach to sidewalk vending and information on what surrounding cities are approaching the topic
https://coachellaca.new.swagit.com/videos/10142020-1037. The City Council held a study 21 Item 4.
session on March 8, 2023 regarding sidewalk vendor regulations and provided the following recommendations on the draft ordinance:
 Prioritize safety, ADA issues, City permit issuance, and need for food handler certificate for vendors that sell food.
 Remove need for livescan background check by Police
 Remove need for commercial liability policy
 Remove need for a CA Seller’s permit
 Require a Food handler permit in-lieu of a requirement for a County Health Permit  Reevaluate draft restriction for a location of a vendor 30 ft distance from street and highway intersections and propose other alternatives.

A community forum was held on September 26, 2023 which consisted of a mix of advocates for sidewalk vendors and brick and mortar businesses concerned with the impact of sidewalk vendors on their businesses. A second City Council study session was held on October 25, 2023 and the Council directed that the item be reviewed and considered by the Planning Commission. The Planning Commission held a Study Session on the draft Sidewalk Vendor Ordinance on November 15, 2023, heard testimony from the public and provided feedback to staff. The Planning Commissioners individually or collectively discussed:
 Ensure that general liability insurance be included as a requirement for a side sidewalk vendor permit similar to the City’s regulations for ice cream vendors.  A lower permit fee for sidewalk vendors that are residents of the City of Coachella and a fee for vendor from outside the City of Coachella as high as $2,500.  Identify ways to limit renewals of sidewalk vendor permits with the expectation that sidewalk vendors can transition their businesses brick and mortar facilities.  Reduce sidewalk vendor ordinance violation warnings to one (1) warning before fines are administered.
 The City establish a pathway for sidewalk vendors to a brick and mortar facility.

DISCUSSION/ANALYSIS:

By definition in the statutes, a Sidewalk Vendor means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or non-motorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. SB 946 also takes into consideration a Roaming Sidewalk Vendor which means a sidewalk vendor who moves from place to place and stops only to complete a transaction. Both sidewalks vendors and roaming sidewalk vendors are currently not permitted businesses in the C.M.C. as the sale of food and merchandise in commercial, mixed-use and industrial zones are limited primarily to improved private properties with enclosed buildings with restroom facilities, parking and related landscaping, with the exception of ice cream truck businesses. The sale of food and merchandise in residential zones is subject to the following:
 Home Occupations: Home Occupations ordinance C.M.C. Chapter 17.58 that limits all operations to within the dwelling, does not permit display of merchandise or advertising sign and prohibits commercial vehicles for delivery of materials to and from residence.  Cottage Food Operations: The sale of food at a residence is further regulated by the City’s 22 Item 4.

Cottage Food Operation Ordinance of C.M.C. Chapter 17.89 that requires allows for sale of home-kitchen prepared food on an approved cottage food list by the California Department of Public Health directly to the public or indirectly through restaurants and food markets that meet requirements of the California Health and Safety Code.

Requirements include:
o The business must have a Cottage Food Permit from the County and City. o City business license.
o The business applicant must be resident at the home.
o 600-foot distance from another cottage food operation unless an exception is granted at a public hearing to allow a separation distance of 200 feet from another cottage food operation.
o Advertising signs not permitted.
 Microenterprise Home Kitchen Operations: AB 626, effective January 1, 2019. allows Microenterprise Home Kitchen Operations (MHKO) where home cooks can apply for a permit to sell food made in their home kitchen directly to the public with no more than 30 meals per day or 60 meals per week. The City has not adopted a local ordinance for MHKOs. Requirements include:
o A MHKO permit issued by the Riverside County Health Department o Food Safety Manager Certification by the operation owner o Riverside County Food Handler Certification for all others involved with the MHKO.
o Advertising signs not permitted.
 Ice Cream Truck Businesses: Ice cream truck businesses are permitted in C.M.C. Chapter

5.34 that allow sales from a motor vehicle upon a city street to the public of prepackaged ice cream bars, popsicles, paletas, and similar frozen items subject to the following requirements:
o Obtain a City of Coachella Ice Cream Truck Operator’s Permit, County of Riverside health inspection sticker, Valid California Driver’s license, Insurance policy, Background check
o 300-foot distance of vending from schools or churches during school and church operating hours (and 30 minutes before and after operating hours) o Prohibited vending in parking lot of a park, playground or recreational facility. o Hours of Operation: 9 a.m.- 8 p.m. November 1-March 31, 9 a.m. – 9 p.m. April 1- October 31.
o Trash receptacle required
Senate Bill 946 prohibits cities from prohibiting businesses to sell merchandise and food in the public realm in both sidewalks and parks, but allow cities to regulate these businesses with regulations that are directly related to objective health, safety, or welfare concerns. Only ice cream truck operators have been permitted by the City to operate in all Zoning districts in the public right of way according to City regulations adopted in 2011. The City drafted an ordinance based on of time, place, and manner regulations that are directly related to objective health, safety, or welfare concerns. The following table identifies what the City can and cannot regulate. 23 Item 4.

Table 1: Sidewalk Vendor Ordinance Parameters under California State Law City Cannot Regulate City Can Regulate
• Prohibiting all sidewalk
vending
• Imposing a requirement
due to economic
competition concerns
• Requiring a sidewalk
vendor to obtain approval
from a nongovernmental
entity
• Hours of operation
• Reasonable sanitation requirements
• Compliance with Americans with Disabilities Act
• Requiring a sidewalk vending permit and a business
license
• Requiring a California Dept of Tax and Fee
Administration's seller’s permit
• Requiring additional licenses from state or local
agencies such as County Health Permits
• Requiring submission of information on
vendor’s proposed operations
City of Coachella Draft Sidewalk Vendor Ordinance
The attached Ordinance includes “permit requirements” that are consistent with SB 946, as they are reasonable, related to objective health, safety, and welfare concerns, and are based upon compliance with other generally applicable laws including the Americans with Disabilities Act and the City of Coachella’s (“City”) general encroachment permit requirements for work and/or activities in the public right of way. The standards imposed on stationary sidewalk vendors requiring a minimum path of accessible travel are necessary to comply with the Americans with Disabilities Act and maintain minimum safe access along public sidewalks.

In the 2020 draft Ordinance, staff proposed a cap at fifty (50) vendors and that it was related objectively to health, safety, and welfare concerns as having many sidewalk vendors has impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation, risks to children, and consumer protection. Specifically, placing a cap of fifty (50) sidewalk vendors was intended to help ensure that driveways and street intersections throughout the City are kept clear and unobstructed. Staff no longer recommends that a cap be established for vendors in the ordinance.

Sidewalk Vendor Permit Requirement
The 2020 draft Ordinance required that Sidewalk Vendors obtain Sidewalk Vendor Permit and would require a business license, California seller’s permit, Driver’s License or Tax ID Number or Municipal ID number, County Health Department permit, General Liability Policy of $1,000,000, operations site plan, and livescan background check. The current ordinance would remove the livescan background requirement.

Permitted Locations for stationary vendors
While the proposed Ordinance prohibits all stationary vendors from vending in residential zones, roaming vendors would be allowed to vend anywhere in the City along a public right-of-way (that has a sidewalk), as long as they comply with the requirements of the proposed Ordinance. The 24 Item 4.
stationary vendor would need to operate on an improved area and would not be able to operate in the public right of way on dirt lots without improved parking that would potentially create an unsafe condition for pedestrians and vehicle traffic. Staff recommends the following for permitted locations of stationary sidewalk vendors:
• Permitted in non-residential zones and mixed-use zones. • Maintain 36 inches of accessible path of travel.
• Building entrances and private driveways/parking may not be blocked at a distance of a minimum of 25 feet.
• Not permitted within 10 feet of a fire hydrant, fire escape, bus stop, loading zone, or handicapped parking space.
• 40 feet away from street and highway intersections to avoid conflicts with pedestrians crossing at intersections.
• Not within 150 feet of farmer’s market, swapmeet or temporary event permit. • Public or street parking or private parking must be within 500 feet of the vending area. • 300-foot distance from schools when in session and 30 minutes before and after schools are in session. This distance requirement would be similar to the ice cream truck operator requirement.
• 200-foot distance from freeway onramps.
• City Park regulations include:
o Stationary and roaming sidewalk vendors must be at least 50 feet away from another sidewalk vendor.
o prohibited in any City Park with a concession stand operated by a vendor under exclusive contract with the City selling similar food or merchandise or in an area occupied by a Certified Farmer’s Market.

Standards for maintaining access to building entrances, and not blocking driveways, fire hydrants, parking areas and building storefront windows are necessary to guard the health and safety of patrons, drivers, vendors and existing business owners and promote fire suppression and law enforcement practices that allow the City’s safety personnel to observe activities within buildings and maintain access.

Staff has summarized other notable Sidewalk Vending requirements in the draft Ordinance in Table 2 below.

Table 2: Other Sidewalk Vendor Draft Ordinance Requirements Stationary Sidewalk Vendors Roaming Sidewalk Vendors
 Conducted between 5:00 a.m. and 11:00
p.m. everyday
 Maintain vending area in clean, orderly
and sanitary condition
 No tables, chairs, fences shade structures
permitted with vending activities
 Exterior storage prohibited
 No discharge of liquid into City streets,
storm drains, catch basins, or sewer
facilities.
 Sidewalk vending hours for residential
zones shall be conducted between the hours
of 7:00 a.m. and 6:00 p.m.
 Sidewalk vending hours for non-residential
zones shall be conducted between the hours
of 5:00 a.m. and 11:30 p.m. of every day
 The sidewalk vendor does not conduct sales
from a public street.
25 Item 4.

The proposed Ordinance clarifies the City’s own authority to enforce its Environmental Health Code. Absence of sidewalk vending regulations in the City’s Municipal Code would continue the status quo, which currently prevents the City from enforcing any regulation or impose a licensing requirement on the vendor.

Sidewalk Vendor Permit Fee
A resolution to establish a sidewalk vendor fee will be prepared for City Council consideration.

Staff has assessed the expenses associated with processing a sidewalk vendor fee and the fully burdened costs are estimated to be $273 for the sidewalk vendor permit and $152 for annual permit renewals. Staff recommends that the fee be reduced to $125 for a sidewalk vendor permit and $100 for permit renewals for Coachella Valley residents. Staff recommends that the sidewalk vendor permit for vendors from outside the Coachella Valley be $273 and permit renewals at $152.

All business operating in the City of Coachella are also required to obtain a $164 City of Coachella Business Registration Certificate Staff requests that the Planning Commission provide feedback on the proposed sidewalk vendor fee in advance of the fee resolution that will be considered by the City Council.

Other Sidewalk Vendor Approaches
Brick and mortar restaurant business owners in the City of Coachella have expressed concern to City officials and staff about an unfair competitive advantage that Sidewalk Vendors would have with respect to lower overhead for facility costs (rents, building construction, taxes, maintenance), permitting, regulation compliance, worker’s compensation, and location restrictions. Though the City of Coachella is limited in its ability under State Law to limit Sidewalk Vendors to only time, place, and manner regulations that are directly related to objective health, safety, or welfare concerns, the City is working diligently in developing more small business development opportunities to create a pipeline for street vendors who are interested in scaling their business and growing into brick and mortar facilities. The City recently applied for the Community Resilience Center (CRC) State grant to obtain $10 million to rehabilitate the recently acquired 17,800 sq. ft. “Hidden Harvest” building into a resilience center and small business incubator that would include business development services by the Talent Foundry, a state-of-the-art commercial kitchen, coworking space, and potential building space to incubate their business. The City will be informed if the grant is awarded by April of 2024. The City also received notice of an award of $22 million for the Strategic Growth Council (SGC) Transformative Climate Communities (TCC) Program that could be used to further enhance a pathway for sidewalk vendors into brick and mortar facilities.

ALTERNATIVES:
1) Adopt Resolution No. PC2024-02 recommending that the City Council approve amendments to the Coachella Municipal Code (C.M.C.) Sections 5.04.380, 8.040.010, and

12.04.030 and adding Chapter 12.50 related to establishment of sidewalk vendor regulations. Provide staff with feedback on the sidewalk vendor permit fee. 26 Item 4.
2) Adopt Resolution No. PC2024-02 recommending that the City Council approve amendments to the Coachella Municipal Code (C.M.C.) Sections 5.04.380, 8.040.010, and

12.04.030 and adding Chapter 12.50 related to establishment of sidewalk vendor regulations with amendments. Provide staff with feedback on the sidewalk vendor permit fee.
3) Recommend denial of the proposed amendments.
4) Continue this item and provide staff with direction.

RECOMMENDED ALTERNATIVE(S):

Staff recommends Alternative #1 as noted above.

Attachments:

1. Resolution No. PC2024-02 Sidewalk Vendor Ordinance
Exhibit A – Ordinance No. 1209

2. Comparison of Coachella Valley City Sidewalk Vendor Ordinances

3. Draft Sidewalk Vendor Ordinance with redlines

4. Senate Bill 946 - Sidewalk Vendors

5. Senate Bill 972 – California Retail Code

6. Inland Coalition for Immigrant Justice letter

7. City of Coachella Zoning Map

8. Map of Potential Sidewalk Vendor Locations
27 Item 4.

RESOLUTION NO. PC2024-02

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF COACHELLA, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL AMENDMENTS TO SECTIONS 5.04.380,

8.04.010, AND 12.04.030 OF THE COACHELLA MUNICIPAL CODE AND ADDING CHAPTER 12.50 TO THE COACHELLA

MUNICIPAL CODE, IMPOSING REGULATIONS ON SIDEWALK
VENDING IN COMPLIANCE WITH SENATE BILL 946 AND

AMENDING THE ENFORCEMENT AUTHORITY REGARDING
THE CITY’S ENVIRONMENTAL HEALTH CODE. CITYINITIATED.

WHEREAS, the City of Coachella, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens, including sidewalk vending, as long as these are consistent with Senate Bill 946 (SB 946); and
WHEREAS, in 2018, the California Legislature passed SB 946 which prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB 946; and
WHEREAS, SB 946 applies to both charter and general law cities; and WHEREAS, SB 946 authorizes the implementation of regulations that are directly related to objective health, safety, or welfare concerns, and that do not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified; and
WHEREAS, the permit requirements proposed are consistent with SB 946, as they are reasonable, related to objective health, safety, and welfare concerns, and are based upon compliance with other generally applicable laws including the Americans with Disabilities Act, and the City’s general encroachment permit requirements for work and/or activities in the public right of way; and
WHEREAS, the standards imposed on stationary sidewalk vendors requiring a minimum path of accessible travel are necessary to comply with the Americans with Disabilities Act and maintain minimum safe access along public sidewalks; and WHEREAS, SB 946 explicitly stated that the legislation did not affect the applicability of Part 7 (commencing with Section 113700 of Division 104 of the Health and Safety Code, otherwise known as the California Retail Food Code, to a sidewalk vendor who sells food; and
28 Item 4.

Resolution No. PC 2024-02

Page 2 ends

WHEREAS, standards for maintaining access to building entrances, and not blocking driveways, fire hydrants, parking areas and building storefront windows are necessary to guard the health and safety of patrons, drivers, vendors and existing business owners and promote fire suppression and law enforcement practices that allow the City’s safety personnel to observe activities within buildings, maintain access, and protect the public during emergencies; and
WHEREAS, the Planning Commission finds and determines that the installation, repair, maintenance, and removal of encroachments in the public way must be regulated in order to protect the public health, safety, and welfare and to provide for the orderly administration and maintenance of the public access ways for the benefit of the community, while at the same time allowing reasonable accommodation and cooperative flexibility for providing necessary utility and other convenience services to the community; and
WHEREAS, the Planning Commission finds that public and private persons who maintain and/or install encroachments in the public way bear a responsibility to help preserve the public way and to contribute to the administrative and liability costs incurred by the community and caused by such encroachments; and
WHEREAS, the Planning Commission finds that, unless properly regulated, sidewalk vending poses a unique risk to the health, safety, and welfare of the public, including, but not limited to, impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation, risks to children, and consumer protection; and WHEREAS, the inherent nature of sidewalk vending and the ability of such vendors to be located on private property and public streets and move quickly from place to place in the community, including near parks, schools, and other places frequented by children, warrants imposing certain regulatory measures, including requiring background checks, to protect the health, safety, and welfare of the community; and WHEREAS, SB 946 continues to authorize cities to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by a city; and
WHEREAS, the proposed regulations for sidewalk vendors are objectively related to health, safety, and welfare concerns as having many sidewalk vendors has impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation, risks to children, and consumer protection; and WHEREAS, fraud or misrepresentation in the course of vending constitutes an objective harm to the health, safety, and welfare of the City’s residents; and WHEREAS, fraud or misrepresentation in the application for the permit constitutes an objective harm to health, safety, and welfare of the City’s residents; and 29 Item 4.

Resolution No. PC 2024-02

Page 3 ends

WHEREAS, vending in a manner that creates a public nuisance or constitutes a danger to the public constitutes an objective harm to the health, safety, and welfare of the City’s residents; and
WHEREAS, the Planning Commission finds that the changes to Section 8.04.010 of the Coachella Municipal Code are necessary to make clear the City’s authority to enforce its Environmental Health Code.

WHEREAS, on January 17, 2024 the Planning Commission held a duly noticed public hearing to review the proposed amendments at which time during the hearing members of the public were given an opportunity to testify regarding the Project; and WHEREAS, after said public hearing, the Planning Commission recommended that the City Council approve this Ordinance.

NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
COACHELLA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The Planning Commission of the City of Coachella, California, hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.

SECTION 2. Recommendation to City Council. Based on the entire record before the Planning Commission, all written and oral evidence presented to the Planning Commission, and the findings made in the staff report and this Resolution, the Planning Commission of the City of Coachella hereby recommends that the City Council adopt an Ordinance entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COACHELLA, CALIFORNIA, AMENDING SECTIONS 5.04.380, 8.04.010, AND

12.04.030 OF THE COACHELLA MUNICIPAL CODE AND ADDING CHAPTER

12.50 TO THE COACHELLA MUNICIPAL CODE, IMPOSING REGULATIONS ON SIDEWALK VENDING IN COMPLIANCE WITH SENATE BILL 946 AND AMENDING THE ENFORCEMENT AUTHORITY REGARDING THE CITY’S ENVIRONMENTAL HEALTH CODE” which is attached hereto as Exhibit “A.” SECTION 3. Findings. The Planning Commission finds that the amendments to the Coachella Municipal Code proposed by the above referenced ordinance are consistent with and implement the goals and policies of all elements of the General Plan and exercise the City’s land use powers to protect the health, safety, and welfare of the public.

SECTION 4. Certification. The Secretary shall certify to the adoption of this Resolution.
30 Item 4.

Resolution No. PC 2024-02

Page 4 ends

APPROVED AND ADOPTED by the members of the City of Coachella Planning Commission on this 17
th day of June, 2024.
__________________________
Ruben Gonzalez,
Planning Commission Chair

ATTEST:
________________________________________
Gabriel Perez, Planning Commission Secretary
APPROVED AS TO FORM:
______________________________________
Carlos Campos, City Attorney
31 Item 4.

I, Gabriel Perez, Planning Secretary, City of Coachella, California, certify that the foregoing Resolution was adopted by the Planning Commission at a regular meeting of the Planning Commission held on the 17
th day of January, 2024, and was adopted by the
following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Gabriel Perez
Planning Commission Secretary
32 Item 4.

Ordinance No. 1209 (1st Reading)

Page 1 ends

ORDINANCE NO. 1209

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COACHELLA, CALIFORNIA, AMENDING SECTIONS 5.04.380, 8.04.010, AND 12.04.030 OF THE COACHELLA MUNICIPAL CODE AND ADDING CHAPTER 12.50 TO THE COACHELLA MUNICIPAL CODE, IMPOSING

REGULATIONS ON SIDEWALK VENDING IN COMPLIANCE WITH
SENATE BILL 946 AND AMENDING THE ENFORCEMENT AUTHORITY
REGARDING THE CITY’S ENVIRONMENTAL HEALTH CODE
WHEREAS, the City of Coachella, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens, including sidewalk vending, as long as these are consistent with Senate Bill 946 (SB 946); and
WHEREAS, in 2018, the California Legislature passed SB 946 which prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB 946; and WHEREAS, SB 946 applies to both charter and general law cities; and WHEREAS, SB 946 authorizes the implementation of regulations that are directly related to objective health, safety, or welfare concerns, and that do not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified; and WHEREAS, the permit requirements proposed are consistent with SB 946, as they are reasonable, related to objective health, safety, and welfare concerns, and are based upon compliance with other generally applicable laws including the Americans with Disabilities Act, and the City’s general encroachment permit requirements for work and/or activities in the public right of way; and
WHEREAS, the standards imposed on stationary sidewalk vendors requiring a minimum path of accessible travel are necessary to comply with the Americans with Disabilities Act and maintain minimum safe access along public sidewalks; and WHEREAS, SB 946 explicitly stated that the legislation did not affect the applicability of Part 7 (commencing with Section 113700 of Division 104 of the Health and Safety Code, otherwise known as the California Retail Food Code, to a sidewalk vendor who sells food; and
WHEREAS, standards for maintaining access to building entrances, and not blocking driveways, fire hydrants, parking areas and building storefront windows are necessary to guard the health and safety of patrons, drivers, vendors and existing business owners and promote fire suppression and law enforcement practices that allow the City’s safety personnel to observe activities within buildings, maintain access, and protect the public 33 Item 4.

Ordinance No. 1209 (1st Reading)

Page 2 ends

during emergencies; and
WHEREAS, the City Council finds and determines that the installation, repair, maintenance, and removal of encroachments in the public way must be regulated in order to protect the public health, safety, and welfare and to provide for the orderly administration and maintenance of the public access ways for the benefit of the community, while at the same time allowing reasonable accommodation and cooperative flexibility for providing necessary utility and other convenience services to the community; and WHEREAS, the City Council finds that public and private persons who maintain and/or install encroachments in the public way bear a responsibility to help preserve the public way and to contribute to the administrative and liability costs incurred by the community and caused by such encroachments; and
WHEREAS, the City Council finds that, unless properly regulated, sidewalk vending poses a unique risk to the health, safety, and welfare of the public, including, but not limited to, impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation, risks to children, and consumer protection; and WHEREAS, the inherent nature of sidewalk vending and the ability of such vendors to be located on private property and public streets and move quickly from place to place in the community, including near parks, schools, and other places frequented by children, warrants imposing certain regulatory measures, including requiring background checks, to protect the health, safety, and welfare of the community; and WHEREAS, SB 946 continues to authorize cities to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by a city; and WHEREAS, placing a cap on the total number of sidewalk vendors within the City to fifty (50) vendors is objectively related to health, safety, and welfare concerns as having many sidewalk vendors has impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation, risks to children, and consumer protection; and WHEREAS, fraud or misrepresentation in the course of vending constitutes an objective harm to the health, safety, and welfare of the City’s residents; and WHEREAS, fraud or misrepresentation in the application for the permit constitutes an objective harm to health, safety, and welfare of the City’s residents; and WHEREAS, vending in a manner that creates a public nuisance or constitutes a danger to the public constitutes an objective harm to the health, safety, and welfare of the City’s residents; and
WHEREAS, the City Council finds that the changes to Section 8.04.010 of the Coachella Municipal Code are necessary to make clear the City’s authority to enforce its Environmental Health Code.
34 Item 4.

Ordinance No. 1209 (1st Reading)

Page 3 ends

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COACHELLA DOES ORDAIN AS FOLLOWS:

SECTION 1. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein.

SECTION 2. Subsection P of Section 5.04.380 of the Coachella Municipal Code is hereby amended to read as follows (Deleted text in strikethrough, new text is underlined):
“P. Itinerant Merchant. An itinerant merchant under this chapter shall be deemed to mean and include any person or persons, firm or corporation, either principle or agent, employer or employee who engages in a temporary business in the city by selling or offering for sale goods, wares, merchandise, or things or articles of value for a period of not more than one hundred ninety (190) days in any calendar year, and who, for the purpose of carrying on such business, hires, leases or occupies any room, building, structure or stand on any real property or on or adjoining any street or public place in the city. The person, firm or corporation so engaged shall not be relieved from the provisions of this subsection by reason of associating temporarily any local dealer, trader, merchant or auctioneer, or by reason of conducting such temporary business in connection with or as part of any local business, or in the name of any local dealer, trader, merchant or auctioneer. Such definition shall not include any person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public sidewalk, property, or other pedestrian path in compliance with Chapter 12.50 of Title 12 of this Municipal Code.”
SECTION 3. Subsection Q of Section 5.04.380 of the Coachella Municipal Code is hereby amended to read as follows (Deleted text in strikethrough, new text is underlined):
“Peddler. "Peddler" shall be defined as any person who sells and makes immediate delivery or offers for sale and immediate delivery any goods, wares, merchandise, service or thing in the possession of the seller, at any place in the city other than at a fixed place of business, but shall not include salesmen or agents for wholesale houses or firms who sell to retail dealers for resale or sell to manufacturers for manufacturing purposes or to bidders for public works or supplies. It shall include the use of a "pushcart," which shall be defined as any wagon, cart or similar wheeled container, not a "vehicle" as defined in the Vehicle Code of the state of California, from which food, beverage, or product is offered for sale to the public. Such definition shall not include any person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk, property, or other pedestrian path in compliance with Chapter 12.50 of Title 12 of this Municipal Code.

The chief of police shall, based upon the information supplied by the finance department, investigate the backgrounds of all applicants. If such investigation by the chief of police reveals that the applicant has been convicted of a crime involving moral turpitude or any crime of a nature associated with the type of business for which the application is submitted, he or she shall notify the director of finance, who shall deny the license application.” 35 Item 4.

Ordinance No. 1209 (1st Reading)

Page 4 ends

SECTION 4. Subsection Q of Section 5.04.380 of the Coachella Municipal Code is hereby amended to read as follows (Deleted text in strikethrough, new text is underlined):
“Solicitor. "Solicitor" shall be defined as any person who engages in the business of going from house to house, place to place, on or along the streets within the city and/or by telephone selling or taking orders for or offering to sell or take orders for goods, wares, or merchandise or other things of value for future delivery, or for services to be performed in the future. Such definition shall not include any person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public sidewalk, property, or other pedestrian path in compliance with Chapter 12.50 of Title 12 of this Municipal Code.”
SECTION 5. Subsection B of Section 12.04.030 of the Coachella Municipal Code is hereby amended to read as follows (Deleted text in strikethrough, new text is underlined):
“B. It is also unlawful for any person to make, or cause to be made, any obstruction on, or any encroachment upon any city street, sidewalk, or other public place without first obtaining from the city engineer, a written permit to make such obstruction and making a deposit to cover the inspection and restoring of such city street or other place to its original condition, together with the incidental expenses in connection therewith, all as provided by this chapter. This sub-section applies to stationary sidewalk vendors who have obtained a permit pursuant to Chapter 12.50 of this title.”
SECTION 6. Chapter 12.50 is hereby added to the Coachella Municipal Code to read as follows:
“Chapter 12.50 – SIDEWALK VENDING.

Section 12.50.010 Purpose.

The City finds that the vending of prepared or pre-packaged foods, goods, and/or wares at semipermanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this Chapter is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community.

In light of the City’s many public right-of-ways which lack adequate width in paved roadways and lack sidewalk and street lighting improvements, it is intended that all street vending occur in a safe manner to avoid injury to the public.

Section 12.50.020 Definitions.

For purposes of this Chapter, the following definitions apply:
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A. “Certified Famers’ Market” means a location operated in accordance with Chapter

10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

B. “City” means the City of Coachella.

C. “Park” means a public park owned or maintained by the City.

D. “Roaming sidewalk vendor or vending” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

E. “Sidewalk vendor or vending” means a person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public sidewalk, property, or other pedestrian path.

F. “Stationary Sidewalk vendor or vending” means a sidewalk vendor who vends from a fixed location.

G. “Swap Meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

H. “Temporary Event Permit” means a special event permit or other planning director authorization for seasonal events, holiday celebrations, outdoor display of merchandise, promotional events, or other non-recurring temporary sales / entertainment activity, pursuant to Title 17 of this code.

Section 12.50.030 Permits Required.

A. All roaming sidewalk vendors shall obtain a business tax certificate from the City’s finance director or designee, prior to engaging in any sidewalk vending activities. In addition to the required business tax certificate, all stationary sidewalk vendors shall obtain a sidewalk vending permit from the City’s Finance Director or designee prior to engaging in any sidewalk vending activities. The following information shall be required for a sidewalk vending permit:

1. Name, current mailing address, and phone number of the vendor; and,

2. If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal; and,

3. A description of the merchandise/goods to be offered for sale or exchange, and the days/hours of sales; and,

4. A copy of the California seller’s permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor; and,
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5. A copy of the valid California Driver’s license issued to the vendor; or, A copy of the individual taxpayer identification number issued to the vendor; or,
A passport or residency card.
a. Any such identification number(s) or license(s) collected shall not be available to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order.

6. If preparing or selling food, a copy of the County Health Department permit issued to the vendor; and,

7. If preparing or selling food, a current decal sticker issued by the County Health Department to be posted on any food cart used in vending; and,

8. A description or site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of thirty-six inches (36”) of accessible route area, in compliance with the Americans with Disabilities Act; and,

9. A copy of general liability policy naming the City as additional insured in the amount of $1,000,000; and,

10. A certification by the vendor that to his or her knowledge and believe, the information contained in the application is true.

B. At the time the application or renewal application is filed, the application shall pay the permit processing fee established by separate resolution of the City Council.

Section 12.50.040 Review of Permit Application; Decision.

A. Upon acceptance of a properly completed and filed sidewalk vendor permit application the City Manager’s designee shall conduct a preliminary investigation to determine compliance with this Chapter and shall make such determination within no more than thirty (30) days of acceptance to approve or deny the application. City Manager’s designee shall provide the applicant with written notice of his or her decision to the address indicated in the application.

B. If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form.
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C. If the City Manager’s designee approves the applicant's permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant.

D. Exemptions. A sidewalk vending permit shall not be required for the following activities:

1. The sale of agriculture products on the site where the product is grown.

2. Catering for private parties held exclusively on private property and not open to the general public.

3. Events permitted pursuant to a lawfully issued temporary event permit including but not limited to a Certified Farmers’ Market, Swap Meet, street fairs, outdoor concerts, promotional event, and outdoor display of merchandise.

4. First Amendment protected vending which includes the following:
a. Traditional expressive speech and petitioning activities, such as vending the following items: newspapers, leaflets, pamphlets, bumper stickers, patches, and/or buttons.
b. Vending the following items which have been created, written, or composed by the vendor: books, audio, video, or other recordings of their performances, paintings, photographs, prints, sculptures, or any other item that is inherently communicative and is of nominal value or utility apart from its communication.
c. Those items that have a common and dominant non-expressive purpose shall not be considered a vending item that has been “created, written, or composed by the vendor,” such as, but not limited to, housewares, appliances, articles of clothing, sunglasses, auto parts, oils, incense, perfume, crystals, lotions, candles, jewelry, toys, and stuffed animals. Selling these types of dominant nonexpressive merchandise will require a sidewalk vending permit under this Chapter.
d. Performers can perform.
(i) The word “perform” shall mean to engage in any of the following activities: playing musical instruments, singing, dancing, acting, pantomiming, puppeteering, juggling,
reciting, engaging in magic, creating visual art in its entirety, presenting or enacting a play, work of music, work of art, physical or mental feat, or other constitutionally protected entertainment or form of expression.
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(ii) The word “perform” shall not include the provision of personal services such as massage or hair weaving, cutting, or styling, the completion or other partial creation of visual, the creation of visual art at which is mass produced or produced with limited variation, or the creation of
handcrafts.
(iii) The word “handcrafts” shall mean objects made either by hand or with the help of devices used to shape or produce the objects through such methods as weaving, carving, stitching, sewing, lacing, and beading, including objects such as
jewelry, pottery, silver work, leather goods, and trinkets that do not communicate a message, idea, or concept to others. e. Any sidewalk vendor conducting lawful First Amendment protected vending under subsections (E)(4)(a)-(b), above, shall still be required to comply with any applicable tax and licensing requirements.

E. Term of permit. A sidewalk vending permit issued pursuant to this Chapter shall automatically expire one (1) year from the date issued, unless an earlier expiration date is noted on the permit.

F. Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.

Section 12.50.050 Stationary Sidewalk Vending Locations and Standards.

A. Stationary sidewalk vendors shall be prohibited from operating or establishing in any residential zone of the City, including the S-N (Suburban Neighborhood) zone, G-N (General Neighborhood) zone, U-N (Urban Neighborhood) zone, and all residential districts of the SP (Specific Plan) zone.

B. Stationary sidewalk vendors may operate in non-residential zones of the City, including mixed use zones, provided they meet the following:

1. The sidewalk vendor is duly licensed and meets all requirements of section

12.50.030; and,

2. The sidewalk vendor can set up their vending operation while still leaving a minimum of thirty-six inches (36”) of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and,

3. If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid Health Permit issued by the County in a conspicuous location on any food cart; and
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4. If the sidewalk vendor is selling food, all employees shall possess a current food handler’s card, issued by the County; and

5. Sidewalk vending hours shall be conducted between the hours of 5:00 AM and 11:00 PM every day; and,

6. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and,

7. The sidewalk vendor location be at a minimum distance of twenty-five (25) feet of entrances to private buildings, private driveways, parking spaces or building windows; and,

8. No vending shall occur within ten (10) feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway; and,

9. No tables, chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conjunction with the vendors vending activities; and,

10. The vendor shall not attach or use any water lines, electrical lines, or gas lines during vending operations; and,

11. Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited; and,

12. No vending shall occur within one hundred fifty (150) feet of a Certified Farmers’ Market, a Swap Meet, or an event held pursuant to a Temporary Event Permit; and,

13. No vending shall occur within two hundred (200) feet of a freeway onramp or off-ramp.

14. No vending shall occur within three hundred (300) feet of a any school during the hours these schools are in session (and thirty (30) minutes before or after these schools are in session).

15. The sidewalk vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into the City streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the sidewalk vendor; and

16. The sidewalk vendor may not operate on any street right-of-way or sidewalk where street parking or public parking is not available within 500 feet of the vending area, or where off-street parking on private property is not available within 500 feet of the vending area; and
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17. No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of forty (40) feet from the intersection of such lines at the corner of a street or highway.

Figure 1: Corner Cut-off limitations for Sidewalk Vendors Section 12.50.060 Sidewalk Vending in Parks, Certified Farmer’s Markets.

A. Sidewalk vending of food or merchandise by stationary vendors shall be prohibited in any City Park with a concession stand operated by a vendor under exclusive contract with the City selling similar food or merchandise or in an area occupied by a Certified Farmer’s Market.

B. Sidewalk vendors may operate in City Parks provided they meet the following:

1. The sidewalk vendor is duly licensed and meets all requirements of section

12.50.030; and,

2. For stationary sidewalk vending, the sidewalk vendor can set up their vending operation while still leaving a minimum of thirty-six inches (36”) of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and,

3. The sidewalk vendor shall cease operations one (1) hour prior to the close of the park; and,

4. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and,

5. If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid Health Permit issued by the County in a conspicuous location on any food cart; and
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6. Any sidewalk vendor food cart shall possess a current decal sticker posted on the food cart; and

7. The sidewalk vendor location shall be at a minimum distance of twenty (25) feet from entrances to buildings, driveways, parking spaces, or building windows; and,

8. No vending shall occur within one hundred (150) feet of an event held pursuant to a Temporary Event Permit.

9. The sidewalk vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into City streets, storm drains, catch basins, or sewer facilities.

All discharges shall be contained and properly disposed of by the sidewalk vendor.

10. All stationary and roaming sidewalk vendors must be at least 50 feet away from another sidewalk vendor, except that groups of five or fewer sidewalk vendors may assemble as one group not occupying more than 2,000 square feet of combined area, for purposes of limiting undue concentration. At no time shall there be more than ten sidewalk vendors at any one City Park without a temporary use permit.

11. No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of forty (40) feet from the intersection of such lines at the corner of a street or highway.

Section 12.50.070 Roaming Sidewalk Vending.

A. Roaming sidewalk vendors shall meet the following:

1. The sidewalk vendor is duly licensed and meets all requirements of section

12.50.030; and,

2. Sidewalk vending hours for residential zones shall be conducted between the hours of 7:00 AM and 6:00 PM; and,

3. Sidewalk vending hours for non-residential zones shall be conducted between the hours of 5:00 AM and 11:00 PM of every day; and,

4. The sidewalk vendor maintains their temporary vending area in a clean, orderly, and sanitary condition; and

5. The sidewalk vendor does not block entrances to buildings, driveways, parking spaces, or building windows; and
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6. The sidewalk vendor does not conduct sales from a public street.

7. No vending shall occur within the immediate vicinity of a Certified Farmers’ Market, a Swap Meet, or an event held pursuant to a Temporary Event Permit.

8. No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of forty (40) feet from the intersection of such lines at the corner of a street or highway.

Section 12.50.080 Suspension; Rescission.

A. A sidewalk vendor permit issued under this Chapter may be suspended or rescinded by the City Manager’s designee after four or more violations of this Chapter in accordance with Section 12.50.100 of this Chapter, at their discretion, for any of the following causes:

1. Fraud or misrepresentation in the course of vending;

2. Fraud or misrepresentation in the application for the permit;

3. Vending in a manner that creates a public nuisance or constitutes a danger to the public.

B. Notice of the suspension or rescission of a sidewalk vendor permit issued under this Chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address.

C. No person whose street vending permit has been revoked pursuant to this Chapter shall be issued a street vending permit for a period of two (2) years from the date revocation becomes final.

Section 12.50.090 Appeals to City Manager.

In the event that any applicant or permittee desires to appeal from any order, rescission, or other ruling of the City Manager’s designee made under the provisions of this Chapter, such applicant or any other person aggrieved shall have the right to appeal such action or decision to the City Manager within fifteen (15) days after the notice of the action or decision has been mailed to the person's address as shown on the permit application. An appeal shall be taken by filing with the Economic Development Director or designee a written appeal statement setting forth the grounds for the appeal, along with the City’s appeal fee for administrative reviews. The filing of the appeal 44 Item 4.

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shall stay the enforcement of any decision suspending or rescinding the permit. The Economic Development Director shall transmit the written statement to the City Manager within ten (10) days of its filing and payment of the appeal fee, and the City Manager shall set a time and place for a hearing on appeal. A hearing shall be set not later than sixty (60) days from the date of filing of the applicant's written appeal statement with the police department. Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of suspension or rescission at least five (5) days prior to the date set for the hearing. At the hearing, the permittee and the City shall be entitled to legal representation and may present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The City Manager shall not be bound by the traditional rules of evidence in a hearing, except that hearsay evidence may not be the sole basis for the decision of the City Manager. The City Manager may continue the hearing as deemed necessary. The decision of the City Manager, or his or her designee, on the appeal shall be final and binding on all parties concerned.

Section 12.50.100 Penalties.

A. It is unlawful for any person to violate any provision or fail to comply with any requirements of this Chapter. A violation of this Chapter shall be punished by:

1. An administrative fine not exceeding $100 for a first violation after two written warnings have been issued by the City of Coachella Code Enforcement.

2. An administrative fine not exceeding $200 for a second violation within one (1) year of the first violation.

3. An administrative fine not exceeding $500 for each additional violation within one (1) year of the first violation.

B. A violation of vending without a sidewalk vending permit, may, in lieu of the penalties set forth in subsection (A), set forth above, be punished by:

1. An administrative fine not exceeding two hundred fifty ($250) dollars for a first violation after two written warnings have been issued by the City of Coachella Code Enforcement.

2. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one (1) year of the first violation.

3. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.

C. If an individual is subject to subsection (B), set forth above, for vending without a sidewalk vending permit, upon the individual providing proof of a valid permit issued by the City, 45 Item 4.

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the administrative fines set forth in this Chapter shall be reduced to the administrative fines set forth in subsection (A), respectively.

D. The proceeds of any administrative fines assessed pursuant to this Chapter shall be deposited in the treasury of the City.

E. Failure to pay an administrative fine assessed under this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this Chapter shall not be assessed.

F. Any violation of this Chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this Chapter shall not be subject to arrest except when otherwise permitted under law.

G. When assessing an administrative fine pursuant to this Chapter, the adjudicator shall take into consideration the person’s ability to pay the fine. The City shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

1. If the person meets the criteria described in subdivision (a) or (b) of Government Code section 68632, the City shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this Chapter.

2. The City may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

H. A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 had SB 946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.

I. Nothing contained herein shall be construed to impede the City’s or County’s ability to enforce County Health Department codes, regulations, and ordinances.” SECTION 7. Section 8.04.010 of the Coachella Municipal Code is hereby amended to read as follows:
“City and County enforcement of state regulations and statutes.

The city council consents and requests that, in addition to the City’s own authority to enforce and observe, the county health officer of the county of Riverside, state of California, shall also be authorized to enforce and observe all of the following:
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A. Orders, quarantine regulations, and rules prescribed by the state department and other rules and regulations issued under the provisions of the California Health and Safety Code.

B. Statutes relating to the public health.

Such services shall continue indefinitely until the city council shall terminate them by adoption of a resolution or ordinances, as provided in Division I, Part II, Chapter I, Article 2, of the Health and Safety Code. Each reference to the county, enforcement officer, and enforcement agency in this Title 8 of the Coachella Municipal Code shall be interpreted to equally be referencing the City and its authorized employees and agents.” SECTION 8. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Coachella hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 9. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a). Further, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3).

SECTION 10. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

SECTION 11. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City. 47 Item 4.

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PASSED, APPROVED, AND ADOPTED by the City Council of the City of the City of Coachella, California, at a regular meeting of the City Council held on the ____ day of ___________________, 20___, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________________
STEVEN A. HERNANDEZ, MAYOR
ATTEST:
______________________________________
ANGELA M. ZEPEDA, CITY CLERK
APPROVED AS TO FORM:
_________________________________________

CARLOS CAMPOS, CITY ATTORNEY
48 Item 4.

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State of California )
County of Riverside ) s.s.

City of Coachella )
I, Angela M. Zepeda, City Clerk, hereby certify that the foregoing is a true copy of Ordinance No. 1209, introduced at a regular meeting held on the 14
th day of February 2024, and duly adopted by
the City Council of the City of Coachella, California at a regular meeting thereof held on the __ th
day of ___________, 2024.

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________________
ANGELA M. ZEPEDA, CITY CLERK
49 Item 4.

Comparison of Coachella Valley City Ordinances Regulating Sidewalk Vendors - 2023 Ordinance
(Y/N) Permit Cost Application Requirements Permitted Locations Time Limitations Violation Fines Cathedral
City
Y
1st time permit
fee: $192
Renewal fee:
$100
Contact info, city business license,
sidewalk vending permit, ID, proposed
area of operation, stationary/mobile,
general description, diagram,
photograph of the cart, CA seller's
permit, completion of food handler
course, health department permit
Vending prohibited in: center median of street, public parking lot, must not obstruct vehicular or pedestrian traffic, 4ft sidewalk clear space, 300ft from a temporary/special event non-residential: 7am - dusk, residential: 7am-8pm with permit:
1st violation - $100
2nd violation - $200
3rd violation - $500
4th violation - $500 and
revocation of permit
without permit:
1st violation - $250
2nd violation - $500
3rd violation - $1000
Coachella N None proposed
Desert Hot
Springs Y $50
sidewalk vendor permit, contact info,
days/hours of operation, location(s) of
operation, description of
food/merchandise for sale,
stationary/mobile, ID, seller's permit,
statement of conviction within the last
5 years
36-inch sidewalk clearance, 50 ft of any school crossing, 30 ft of senior center, 30 ft of any crosswalk, prohibited from operating in private property, no operation on/along any street where speed limit is 55 mph or above, 200 ft of another sidewalk vendor
limitations on hours of operation imposed on other
businesses or uses on the same street or 7am-6pm,
residential areas 9am-8pm
with permit:
1st violation - $100
2nd violation - $200
additional violations - $500,
without permit:
1st violation - $250
2nd violation - $500
additional violations - $1000
Indio Y
License Tax:

Varies based on
gross receipts
Application Fee:
$84.00
SB1186 State
passthrough:
$4.00
Encroachment
permit (only if
they are using
public property):
$1,975.00
Vending permit, business license, Rivco
health inspection sticker, Riverside
County Department of Environmental
Health permit, contact info, description
of food/merchandise, photo of vending
vehicle/cart, stationary/mobile,
description of streets, right of way,
other locations of vending, seller's
permit, food handler course, liability
insurance, time, place, and manner of
vending information.

No vending within 10 ft of street intersection, within 10 ft of any driveway, within a roadway, median strip, dividing section, within 200 ft of farmer's market/swapmeet/ area w/ temp. special permit, 300 ft of a school building, 4 ft sidewalk clearance
8am-10pm daily, 8am -7pm in residential areas with permit:
1st violation - $100
2nd violation - $200
each additional violation within 1
year of 1st violation - $500
without vending permit:
1st violation - $250,
2nd violation - $500,
additional violation - $1,000

La Quinta N
Palm Desert N
Palm Springs
Y
About $107 for
City residents and
about $172 out of
City (depending
on # of personnel
working)
Business name registration, seller's
permit, liability insurance, driver's
license, site plan, environmental health
permit, food manager's card, food
handlers card for all staff workers,
LLC/corporate entities, business license
Stationary vendors prohibited from operating in residential zones, no vending within 10 ft of entrances/exits to private buildings, no vending within 200 ft from temporary events, no vending within a corner cutoff area
stationary: one-half hour before sunrise and 3am,
roaming (residential): one-half hour before sunrise
and one-half hour after sunset
roaming (nonresidential): one-half hour before
sunrise and 3am
50 Item 4.

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DRAFT COACHELLA MUNCIPAL CODE AMENDMENTS
RELATED TO REGULATION OF SIDEWALK VENDORS; ORDINANCE NO. _____1209
SECTION 1. Subsection P of Section 5.04.380 of the Coachella Municipal Code is hereby amended to read as follows (Deleted text in strikethrough, new text is underlined):
“P. Itinerant Merchant. An itinerant merchant under this chapter shall be deemed to mean and include any person or persons, firm or corporation, either principle or agent, employer or employee who engages in a temporary business in the city by selling or offering for sale goods, wares, merchandise, or things or articles of value for a period of not more than one hundred ninety (190) days in any calendar year, and who, for the purpose of carrying on such business, hires, leases or occupies any room, building, structure or stand on any real property or on or adjoining any street or public place in the city. The person, firm or corporation so engaged shall not be relieved from the provisions of this subsection by reason of associating temporarily any local dealer, trader, merchant or auctioneer, or by reason of conducting such temporary business in connection with or as part of any local business, or in the name of any local dealer, trader, merchant or auctioneer. Such definition shall not include any person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public sidewalk, property, or other pedestrian path in compliance with Chapter 12.50 of Title 12 of this Municipal Code.”
SECTION 2. Subsection Q of Section 5.04.380 of the Coachella Municipal Code is hereby amended to read as follows (Deleted text in strikethrough, new text is underlined):
“Peddler. "Peddler" shall be defined as any person who sells and makes immediate delivery or offers for sale and immediate delivery any goods, wares, merchandise, service or thing in the possession of the seller, at any place in the city other than at a fixed place of business, but shall not include salesmen or agents for wholesale houses or firms who sell to retail dealers for resale or sell to manufacturers for manufacturing purposes or to bidders for public works or supplies. It shall include the use of a "pushcart," which shall be defined as any wagon, cart or similar wheeled container, not a "vehicle" as defined in the Vehicle Code of the state of California, from which food, beverage, or product is offered for sale to the public. Such definition shall not include any person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk, property, or other pedestrian path in compliance with Chapter 12.50 of Title 12 of this Municipal Code.

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associated with the type of business for which the application is submitted, he or she shall notify the director of finance, who shall deny the license application.” SECTION 3. Subsection Q of Section 5.04.380 of the Coachella Municipal Code is hereby amended to read as follows (Deleted text in strikethrough, new text is underlined):
“Solicitor. "Solicitor" shall be defined as any person who engages in the business of going from house to house, place to place, on or along the streets within the city and/or by telephone selling or taking orders for or offering to sell or take orders for goods, wares, or merchandise or other things of value for future delivery, or for services to be performed in the future. Such definition shall not include any person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public sidewalk, property, or other pedestrian path in compliance with Chapter 12.50 of Title 12 of this Municipal Code.”
SECTION 4. Subsection B of Section 12.04.030 of the Coachella Municipal Code is hereby amended to read as follows (Deleted text in strikethrough, new text is underlined):
“B. It is also unlawful for any person to make, or cause to be made, any obstruction on, or any encroachment upon any city street, sidewalk, or other public place without first obtaining from the city engineer, a written permit to make such obstruction and making a deposit to cover the inspection and restoring of such city street or other place to its original condition, together with the incidental expenses in connection therewith, all as provided by this chapter. This sub-section applies to stationary sidewalk vendors who have obtained a permit pursuant to Chapter 12.50 of this title.”
SECTION 5. Chapter 12.50 is hereby added to the Coachella Municipal Code to read as follows:
“Chapter 12.50 – SIDEWALK VENDING.

Section 12.50.010 Purpose.

Section 12.50.020 Definitions.

For purposes of this Chapter, the following definitions apply:
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A. “Certified Famers’ Market” means a location operated in accordance with Chapter

10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

B. “City” means the City of Coachella.

C. “Park” means a public park owned or maintained by the City.

D. “Roaming sidewalk vendor or vending” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

F. “Stationary Sidewalk vendor or vending” means a sidewalk vendor who vends from a fixed location.

Section 12.50.030 Permits Required.

A. All sidewalk vendors shall obtain a business tax certificate from the City’s finance director or designee, prior to engaging in any sidewalk vending activities. In addition to the required business tax certificate, all sidewalk vendors shall obtain a sidewalk vending permit from the City’s Finance Director or designee prior to engaging in any sidewalk vending activities. The following information shall be required for a sidewalk vending permit:

1. Name, current mailing address, and phone number of the vendor; and,

2. If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal; and,

3. A description of the merchandise/goods to be offered for sale or exchange, and the days/hours of sales; and,

4. A copy of the California seller’s permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor; and,
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5. A copy of the valid California Driver’s license issued to the vendor; or, A copy of the individual taxpayer identification number issued to the vendor; or,
A municipal identification numberpassport or residency card. a. Any such identification number(s) or license(s) collected shall not be available to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order.

6. If preparing or selling food, a copy of the County Health Department permit issued to the vendor; and,

7. If preparing or selling food, a current decal sticker issued by the County Health Department to be posted on any food cart used in vending; and,

9. An encroachment permit pursuant to Chapter 12.04 of this code; and,

10.9. A copy of general liability policy naming the City as additional insured in the amount of $1,000,000; and,

11.10. A certification by the vendor that to his or her knowledge and belief, the information contained in the application is true.

B. Prior to the issuance of a sidewalk vendor permit, the applicant shall cause to be filed with the Chief of Police or his or her designee a LiveScan background check conducted by the California Department of Justice within the previous six (6) months of the application date.

The Chief of Police shall furnish each applicant with a LiveScan request form for use at any LiveScan vendor location.

C.B. At the time the application or renewal application is filed, the application shall pay the permit processing fee established by separate resolution of the City Council.

Section 12.50.040 Review of Permit Application; Decision.

A. Upon acceptance of a properly completed and filed sidewalk vendor permit application and receipt of an acceptable LiveScan report issued by the Department of Justice, the Chief of Police or designeeCity Manager’s designee shall conduct a preliminary investigation to determine compliance with this Chapter and shall make such determination within no more than thirty (30) days of acceptance to approve or deny the application. The Chief of Police or 54 Item 4.

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designeeCity Manager’s designee shall provide the applicant with written notice of his or her decision to the address indicated in the application.

B. The Chief of Police or designee may deny an application for a permit if he or she makes any of the following findings:

1. The applicant has failed to pay the application permit fee.

2. The applicant has made one or more material misstatements in the application for a permit.

3. The applicant does not have a valid California Driver’s license; or valid individual taxpayer identification number; or a municipal identification number.

4. The applicant's vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this Chapter.

5. Within three (3) years of the date of the application, the applicant has been convicted in a court of competent jurisdiction or pled nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code sections 11054, 11055, 11056, 11057 or 11058, or at the time of application is on probation or parole for any offenses set forth in this section for an offense that was committed within three (3) years of the date of the application.

6. It is determined that the applicant does not possess all federal, state, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage.

7. The City’s cap on the number of total sidewalk vending permits, being fifty (50) has been reached, with the understanding that a stationary vending permit shall also allow a person to be a roaming vendor for the same food and/or merchandise.

C.B. If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form.

D.C. If the Chief of PoliceCity Manager’s or designee approves the applicant's permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant.

E.D. Exemptions. A sidewalk vending permit shall not be required for the following activities:
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1. The sale of agriculture products on the site where the product is grown.

2. Catering for private parties held exclusively on private property and not open to the general public.

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(iii) The word “handcrafts” shall mean objects made either by hand or with the help of devices used to shape or produce the objects through such methods as weaving, carving, stitching, sewing, lacing, and beading, including objects such as
jewelry, pottery, silver work, leather goods, and trinkets that do not communicate a message, idea, or concept to others. e. Any sidewalk vendor conducting lawful First Amendment protected vending under subsections (E)(4)(a)-(b), above, shall still be required to comply with any applicable tax and licensing requirements.

F.E. Term of permit. A sidewalk vending permit issued pursuant to this Chapter shall automatically expire one (1) year from the date issued, unless an earlier expiration date is noted on the permit.

G.F. Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.

Section 12.50.050 Stationary Sidewalk Vending Locations and Standards.

A. Stationary sidewalk vendors shall be prohibited from operating or establishing in any residential zone of the City, including the R-ES-N (Suburban NeighborhoodResidential Estate) zone, GR-NS (General NeighborhoodResidential Single-Family) zone, U-NR-O-6,000 (Urban NeighborhoodResidential Overlay) zone, R-M (Multiple-Family Residential) zone, R-MH (Mobilehome Park Subdivision) zone, R-PD (Residential - Planned Development Overlay) zone, RM-PD (Multiple-Family Residential – Planned Development Overlay) zone, and all residential districts of the SP (Specific Plan) zone.

B. Stationary sidewalk vendors may operate in non-residential zones of the City, including mixed use zones, provided they meet the following:

1. The sidewalk vendor is duly licensed and meets all requirements of section

12.50.030; and,

3. If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid Health Permit issued by the County in a conspicuous location on any food cart; and

4. If the sidewalk vendor is selling food, all employees shall possess a current food handler’s card, issued by the County; and

5. Sidewalk vending hours shall be conducted between the hours of 56:00 AM and 11:030 PAM every day; and,
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6. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and,

7. The sidewalk vendor location does not shall be at a minimum distance of twenty-five (25) feetblock of entrances to private buildings, private driveways, parking spaces or building windows; and,

9. No tables, chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conjunction with the vendors vending activities; and,

10. The vendor shall not attach or use any water lines, electrical lines, or gas lines during vending operations; and,

11. Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited; and,

12. No vending shall occur within the immediate vicinityone hundred fifty (150) feet of a Certified Farmers’ Market, a Swap Meet, or an event held pursuant to a Temporary Event Permit; and,

13. No vending shall occur within two hundred (200) feet of a freeway onramp or off-ramp.

12.14. No vending shall occur within three hundred (300) feet of a any school during the hours these schools are in session (and thirty (30) minutes before or after these schools are in session).

13.15. The sidewalk vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into the City streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the sidewalk vendor; and

14.16. The sidewalk vendor may not operate on any street right-of-way or sidewalk where street parking or public parking is not available within 500 feet of the vending area, or where off-street parking on private property is not available within 500 feet of the vending area; and

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distance of thirty forty (430) feet from the intersection of such lines at the corner of a street or highway.

Figure 1: Corner Cut-off limitations for Sidewalk Vendors

15. Section 12.50.060 Sidewalk Vending in Parks, Certified Farmer’s Markets.

B. Sidewalk vendors may operate in City Parks provided they meet the following:

1. The sidewalk vendor is duly licensed and meets all requirements of section

12.50.030; and,

3. The sidewalk vendor shall cease operations one (1) hour prior to the close of the park; and,

4. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and,

5. If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid Health Permit issued by the County in a conspicuous location on any food cart; and

6. Any sidewalk vendor food cart shall possess a current decal sticker posted on the food cart; and
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7. The sidewalk vendor location does not blockshall be at a minimum distance of twenty (25) feet from entrances to buildings, driveways, parking spaces, or building windows; and,

8. No vending shall occur within the immediateone hundred fifty (150) feet vicinity of an event held pursuant to a Temporary Event Permit.

9. The sidewalk vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into City streets, storm drains, catch basins, or sewer facilities.

All discharges shall be contained and properly disposed of by the sidewalk vendor.

11. No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of thirty forty (430) feet from the intersection of such lines at the corner of a street or highway.

Section 12.50.070 Roaming Sidewalk Vending.

A. Roaming sidewalk vendors shall meet the following:

1. The sidewalk vendor is duly licensed and meets all requirements of section

12.50.030; and,

2. Sidewalk vending hours for residential zones shall be conducted between the hours of 7:00 AM and 6:00 PM; and,

3. Sidewalk vending hours for non-residential zones shall be conducted between the hours of 56:00 AM and 11:030 PAM of every day; and,

4. The sidewalk vendor maintains their temporary vending area in a clean, orderly, and sanitary condition; and

5. The sidewalk vendor does not block entrances to buildings, driveways, parking spaces, or building windows; and

6. The sidewalk vendor does not conduct sales from a public street. 60 Item 4.

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7. No vending shall occur within the immediate vicinity of a Certified Farmers’ Market, a Swap Meet, or an event held pursuant to a Temporary Event Permit.

8. No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of fortythirty (430) feet from the intersection of such lines at the corner of a street or highway.

Section 12.50.080 Suspension; Rescission.

A. A sidewalk vendor permit issued under this Chapter may be suspended or rescinded by the Finance DirectorCity Manager’s or designee after four or more violations of this Chapter in accordance with Section 12.50.100 of this Chapter, at their discretion, for any of the following causes:

1. Fraud or misrepresentation in the course of vending;

2. Fraud or misrepresentation in the application for the permit;

3. Vending in a manner that creates a public nuisance or constitutes a danger to the public.

C. No person whose street vending permit has been revoked pursuant to this Chapter shall be issued a street vending permit for a period of two (2) years from the date revocation becomes final.

Section 12.50.090 Appeals to City Manager.

In the event that any applicant or permittee desires to appeal from any order, rescission, or other ruling of the Finance DirectorCity Manager’s designee made under the provisions of this Chapter, such applicant or any other person aggrieved shall have the right to appeal such action or decision to the City Manager within fifteen (15) days after the notice of the action or decision has been mailed to the person's address as shown on the permit application. An appeal shall be taken by filing with the Economic DevelopmentPlanning Director or designee a written appeal statement setting forth the grounds for the appeal, along with the City’s appeal fee for administrative reviews.

The filing of the appeal shall stay the enforcement of any decision suspending or rescinding the 61 Item 4.

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permit. The Economic Development Finance Director shall transmit the written statement to the City Manager within ten (10) days of its filing and payment of the appeal fee, and the City Manager shall set a time and place for a hearing on appeal. A hearing shall be set not later than sixty (60) days from the date of filing of the applicant's written appeal statement with the police department.

Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of suspension or rescission at least five (5) days prior to the date set for the hearing. At the hearing, the permittee and the City shall be entitled to legal representation and may present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The City Manager shall not be bound by the traditional rules of evidence in a hearing, except that hearsay evidence may not be the sole basis for the decision of the City Manager. The City Manager may continue the hearing as deemed necessary. The decision of the City Manager, or his or her designee, on the appeal shall be final and binding on all parties concerned.