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1/12/24, 10:31 AM 17.16.150 Mobile food vending.
https://library.qcode.us/lib/oroville_ca/pub/municipal_code/item/title_17-chapter_17_16-17_16_150 1/2 Oroville, California Municipal Code
Title 17 ZONING
Chapter 17.16 USE-SPECIFIC REGULATIONS
17.16.150 Mobile food vending.
A. Purpose. The purpose of these regulations is to promote the health, safety, comfort, convenience, prosperity and general welfare by requiring that new and existing mobile food vendors provide the community and customers with a minimum level of cleanliness, quality and security.
B. Permit Required. Mobile food vendors shall be required to obtain an administrative permit as provided in this chapter. The permit application shall include the authorization of each property owner where the mobile food vendor intends to vend.
C. Location.
1. The mobile food vendor shall not operate in parking spaces required to meet minimum parking requirements for any other business.
2. The mobile food vendor shall not block any parking required to adequately serve other businesses, or any driveways or aisles for vehicular circulation.
3. The mobile food vendor shall be visible from the street.
D. Condition of Vending Station.
1. The mobile food vendor shall display a current business tax certificate and health department permit in plain view at all times on the exterior of the vending station. In addition, the mobile food vendor shall have a letter of permission from the owner of the subject property available at all times.
2. The vending station shall be maintained in operating condition at all times.
3. The vending station shall not include a permanent foundation or other feature that would constitute an improvement to real property.
4. The vending station shall not discharge any materials onto the sidewalk, gutter or storm drains.
E. Condition and Appearance of Site.
1. Exterior storage of refuse, equipment or materials associated with the mobile food vendor is prohibited, except for litter receptacles required by this section.
2. No chairs, tables, fences or other site furniture, including permanent and temporary furniture, shall be permitted in conjunction with mobile food vending establishments. 229
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1/12/24, 10:31 AM 17.16.150 Mobile food vending.
https://library.qcode.us/lib/oroville_ca/pub/municipal_code/item/title_17-chapter_17_16-17_16_150 2/2 F. Litter Control.
1. The mobile food vendor shall provide a minimum of two 32-gallon litter receptacles within 15 feet of the vending station.
2. The mobile food vendor shall keep the subject property and adjacent right-of-way free of litter within 200 feet of the vehicle.
3. All refuse shall be removed from the site and properly disposed of on a daily basis.
G. Hours of Operation. The mobile food vendor’s operations shall not be conducted before 7:00 a.m. or after 10:00 p.m. (Ord. 1749 § 4; Ord. 1819 § 4, 2017) Contact:
City Clerk: 530-538-2535
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. 230
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1 City of Oroville ATTACHMENT 2
COMMUNITY DEVELOPMENT DEPARTMENT
1735 Montgomery Street
Oroville, CA 95965-4897
(530) 538-2430 FAX (530) 538-2426
www.cityoforoville.org
NOTICE OF EXEMPTION
TO: Butte County Clerk FROM: City of Oroville
25 County Center Drive 1735 Montgomery Street
Oroville, CA 95965 Oroville, CA 95965
Project Title: Amendments to Section 17.16.150 of the City of Oroville Municipal Code regarding mobile food vendors
Project Location – selected commercial and industrial zones city wide.
Project Location – City: City of Oroville
Project Location – County: Butte
Description of Nature, Purpose, and beneficiaries of project: Adoption of a city-wide ordinance Name of Public Agency Approving Project: City of Oroville Name of Person or Agency Carrying Out Project: unidentified applicants for mobile food vendor villages Exempt Status (Check One):
Ministerial (Sec. 21080(b)(1); 15268)
Declared Emergency (Sec. 21080(b)(3); 15269(a))
Emergency Project (Sec. 21080(b)(4); 15269(b)(c))
Categorical Exemption: State type & section number:
• Existing Facilities, Title 14, CCR, §15303(c).
Statutory Exemption: State code number:
Reasons why project is exempt: This action has been determined to be exempt from the California Environmental Quality Act (CEQA) review as follows:
New Construction or Conversion of Small Structures, Title 14, CCR, §15303 15303. NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include, but are not limited to:
(a) A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. This project does not involve new structures per se, it involves the use of multiple food trucks and possibly metal storage containers for use connected to a mobile food vendor village on individual parcels.
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project? Yes No 231
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2 Lead Agency Contact Person: Wes Ervin Telephone: (530) 538-2408 Signature: Date:
Signed by Lead Agency
Signed by Applicant
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ATTACHMENT 1
CITY OF OROVILLE
RESOLUTION NO.
9215
FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING SECTION 17.16.150 MOBILE FOOD VENDING WHEREAS mobile food vendor villages are popular public events which provide economic opportunities throughout California; and
WHEREAS the City of Oroville Municipal Code Section 17.16.150 currently contains few regulations to protect public safety or protect adjacent properties from activities generated by multiple food trucks at one location; and
WHEREAS the City of Oroville Planning Commission held a workshop on a draft mobile food vendor village on September 28, 2023; and
WHEREAS the City of Oroville Planning Commission held a public hearing on proposed modifications to Section 17.16.150 of the City of Oroville Municipal Code, received public comment, and recommended adoption of a Notice of Exemption for modifications to Municipal Code Section 17.15.160, and the modifications to Municipal Code Section
17.15.160 to the City Council on November 16, 2023; and WHEREAS, at a duly noticed public hearing on December 5, 2023, the City Council considered the recommendation of the Planning Commission, property owners, and members of the public who are potentially affected by the changes described herein, and considered the City’s staff report regarding the proposed Amendment.
The Council of the City of Oroville do ordain as follows:
Section 1. Section 17.16.150 of the Oroville Municipal Code is amended as indicated in Exhibit 1 to this Ordinance.
Section 2. This ordinance shall become effective on February 1, 2024, or 30 days after the second reading is approved, whichever comes later.
Section 3. The City Clerk shall attest to the adoption of this ordinance. 233
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PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting held on December 5, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor, David Pittman
APPROVED AS TO FORM: ATTEST:
City Attorney, Scott E Huber Assistant City Clerk, Jackie Glover 234
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EXHIBIT 1
17.16.150 Mobile food vending
A. Purpose. The purpose of these regulations is to promote the health, safety, comfort, convenience, prosperity, and general welfare by requiring that new and existing mobile food vendors provide the community and customers with a minimum level of cleanliness, quality and security. These regulations differentiate the difference between a single mobile food vendor at one location, and multiple mobile food vendors at one location.
Single mobile vendors may be permitted to operate by administrative permit approval on private property located within Office (O), Neighborhood Commercial (CN), Limited Commercial (C-1), Highway Commercial (CH), Commercial Light Manufacturing (CLM), Intensive Commercial (C-2), Neighborhood Mixed Use (MXN), Corridor Mixed Use (MXC), Intensive Industrial (M-2), Airport Business Park (ABP), and Open Space (OS) zoning districts subject to the following regulations.
Mobile food vending villages may be permitted to operate by Minor Conditional Use Permit on private property located within Office (O), Neighborhood Commercial (CN), Limited Commercial (C-1), Highway Commercial (CH), Commercial Light Manufacturing (CLM), Intensive Commercial (C-2), Neighborhood Mixed Use (MXN), Corridor Mixed Use (MXC), Intensive Industrial (M-2), Airport Business Park (ABP), and Open Space (OS) zoning districts subject to the following regulations. Mobile food vending villages on city owned property other than public rights-of-way are exempt from the requirement for a Minor Conditional Use Permit but must comply with the same regulations as mobile food vending villages contained in this Section.
B. Definitions. Mobile food vending villages (MFVV) are defined as more than one mobile food vending vehicle parked on a private property for more than one hour at a time. Vending stations are defined as the vehicle the mobile food vendor uses to sell food.
C. Permit requirements.
1. A single mobile food vendor at any one location shall be required to obtain an administrative permit as provided in this chapter. The permit application shall include the authorization of each property owner where the mobile food vendor intends to vend.
2. Minor Conditional Use Permit. Mobile food vending villages shall require the approval of a Minor Conditional Use Permit (MCUP). The approval shall be specific to a location and shall not be transferable to other locations or operators.
The permit application shall include the authorization of each property owner where the mobile food vendor intends to vend. Operation of a mobile food 235
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vending village shall not be permitted pursuant to California Senate Bill No. 946, as specified in Government Code Sections 51036 – 51039, Sidewalk Vendors.
3. Business Tax Certificate. Every mobile food vendor shall obtain a Business Tax Certificate prior to operation.
4. Butte County Environmental Health. A valid permit from the Butte County Environmental Health Department is required and shall be displayed at the mobile food vending vehicle.
5. Building Division and Fire Department. All necessary permits and approvals from the Building Division and the Fire Department shall be obtained prior to operation of a mobile food vending village.
6. Permit and license display. At all times while vending, a valid business license shall be displayed at the mobile food vending vehicle.
D. Location and hours of operation.
1. Location. No mobile food vendor village shall be located within 300 feet of any residential use or as determined by the Minor Use Permit.
2. Hours. Hours of operation for mobile food vending businesses shall be between 6:00 a.m. and 10:00 p.m., or as specified in the Minor Use Permit conditions of approval for that site.
E. Condition of Vending Station.
1. All mobile food vendors shall always display a current business tax certificate and the health department permit in plain view on the exterior of the vending station. In addition, the mobile food vendor shall always have a letter of permission from the owner of the subject property available in the mobile food vehicle.
2. The vending station shall always be maintained in operating condition.
3. The vending station shall not include a permanent foundation or other feature that would constitute an improvement to real property.
4. The vending station shall not discharge any materials onto the sidewalk, gutter, or storm drains.
F. Standards and design criteria. The following standards and design criteria shall apply to all mobile food vendors:
1. All mobile food vending shall be conducted entirely upon private property and not within any public right-of-way.
2. On developed lots, individual mobile food vendors in the mobile food vendor village shall not operate in parking spaces required to meet minimum 236
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parking requirements for any other business on the subject site; block any parking required to adequately serve other businesses, or any driveways or aisles for vehicular circulation on the subject site.
3. Applications for mobile food vending villages shall include the location and description of any proposed outdoor dining area, including tables, chairs, and shade structures.
4. If the proposed location is on an unimproved property, the area that the mobile food vendors will be parked on shall be paved or chip sealed. Other hard surfaces may be approved by the Zoning Administrator in the conditions of approval for the minor use permit.
5. All mobile food vendors shall maintain a 10-foot minimum setback from the property lines and public sidewalks, curbs, and gutters.
6. No temporary or permanent chairs, tables, shade structures or other site furniture is permitted except as specified in the Mobile Food Vendor Village Minor Conditional Use permit conditions of approval. Shade structures may require prior approval from the Fire Department dependent on shade structure size and materials.
7. Individual mobile food vendors within a mobile food vendor village shall maintain their immediate sales location in a clean and hazard-free condition.
8. Single mobile food vendors shall keep the subject property and adjacent right-of-way free of litter within 200 feet of the vehicle.
9. All refuse shall be removed from the site and properly disposed of daily.
10. All mobile vendors shall provide covered garbage, recycling, and compost container(s) as required by the Butte County Environmental Health Department.
No garbage, recycling, and compost containers will be permitted to remain onsite unless it is stored within a solid storage structure.
11. No single mobile vendor shall use, play, or employ any sound outcry, amplifier, loudspeaker, radio or any other instrument or device to produce sound in connection with the promotion of a vending operation.
12. No more than two hundred (200) square feet within a mobile food vendor village site or on property adjacent to a mobile food vendor village site shall be occupied by musical instruments, equipment, or bandstand. No music is allowed if there are less than two mobile food vendors at the site while music is being played or amplified.
13. Signage for single mobile food vendors shall be located on the vending equipment and is subject to the requirements of City of Oroville Municipal Code, Chapter 17.20, Signs. Mobile food vendor villages shall be permitted a maximum 237
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of two A-frame signs subject to the requirements of City of Oroville Municipal Code, Chapter 17.20, Signs.
14. No mobile food vendor shall sell alcoholic beverages, non-food items, cannabis products, or illegal drugs.
15. After the permitted hours of operation, all mobile food vendors located on undeveloped property shall remove their mobile food vending equipment and trash containers, including the mobile vehicle itself, off-site or within an approved, enclosed structure on site. Mobile food vendors located on the same property as their commissary may store their vehicles overnight on the same property.
16. Optional on-site storage structures may be permitted as conditioned within the Minor Conditional Use permit. All structures shall be placed on a concrete foundation. Building permits shall be issued for the structures as determined by the City Building Code. One metal storage container no larger than 200 square feet may be placed on-site for use by the mobile food vendors. The storage container shall always be painted dull beige or as specified within the conditions of approval of the MCUP. Any graffiti painted on the storage container shall be repainted with the base wall color within forty-eight (48) hours’ notice by the City to the property owner by the property owner. A deposit of $5,000.00 shall be deposited with the City Finance Department prior to placing the metal storage container on-site to guarantee that the container(s) will be removed from the site when the mobile food vendor use on the site discontinues for more than thirty (30) days.
17. Mobile food vendors will not encroach on a public sidewalk or curb with any part of a vehicle, wagon, trailer or truck or any other equipment related to the operation of the business.
18. To prevent the activities of the mobile food vendor village from intruding onto the public street or adjacent properties, the Zoning Administrator may determine that permanent or temporary barriers shall be installed along street frontages or property lines based on the location of the proposed mobile food vendor village. This barrier shall be installed and maintained by the property owner. Failure to maintain the barrier shall be reason for revocation of the MCUP if the property owner fails to remedy the barrier condition within fourteen (14) days of receiving written notice from the city to repair/replace the designated barrier.
G. Revocation The MCUP may be modified or revoked by the Zoning Administrator, pursuant to Oroville Municipal Code Section 17.40.020.C should the Zoning Administrator determine that: 1) the use or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity; 2) the property is operated or maintained so as to constitute a public nuisance; or 3) the use is operated in 238
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violation of the conditions of the CUP. The Planning Commission may revoke the conditional use permit if the Commission was the acting body for the conditional use permit.
H. Approvals. All City issued mobile food vendor permits (administrative, ministerial, or conditional use permit approval) issued after the effective date of this ordinance shall be valid for a period of one year from the date of approval. Any existing City issued mobile food vendor permits as of the date this ordinance becomes effective shall expire 180 days after the date of the effective date of this ordinance. All mobile food vendors must apply for a new mobile food vendor permit within 180 days of the effective date of this ordinance and comply with all regulations in this Section.
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01/16/2024 Monthly Report Page 1 of 3
OROVILLE CITY COUNCIL
MONTHLY REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS
BRIAN RING, CITY ADMINISTRATOR
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: POLICE DEPARTMENT MONTHLY REPORT FOR DECEMBER 2023
DATE: JANUARY 16, 2024
SUMMARY
The Council will receive a monthly report regarding the activities, and general information for the Police Department.
Staffing:
Positions Total
staffed
Total
Authorized
Total Vacant
Police Officer 22 29 7
Dispatcher 8 8 0
Municipal Law
Enforcement 10 17 7
Administrative
Personnel 4 4 0
Department Activity:
Events Year to Date
2023
Average Response
Time for Crimes
against persons
*Priority 1 crimes
Average Response
Time for all types of
calls for Service
National Average
Response Time
46,300 4:00 minutes 8:42 minutes 8 - 11 minutes
Patrol Checks and Park Patrols:
Patrol Checks
DECEMBER 2023 136
Year to Date 1,931
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01/16/2024 Monthly Report Page 2 of 3
Parking Enforcement Citations Issued:
DECEMBER 2023 Year to Date 2023 DECEMBER 2022 Year to date 2022 0 106 2 187
Police Activity:
Arrest
DECEMBER
2022
DECEMBER
2023
Year to date
2022
Year to date
2023
Misdemeanor 69 164 1,117 1,024
Felony 35 68 472 529
Citations
DECEMBER
2022
DECEMBER
2023
Year to date
2022
Year to date
2023
38 40 759 508
Uniform Crime Reporting:
Crimes of Violence DECEMBER
2023
Year to Date
JANUARY – DECEMBER
Homicide 0 2
Rape 1 16
Robbery 2 24
Aggravated Assault 3 34
Community Navigator:
Contacts Services Accepted Year to date contacts Year to date services 85 46 202 85
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01/16/2024 Monthly Report Page 3 of 3
SPCA Statistics:
Service Calls by Priority:
Priority Level Number of Calls Total Minutes per call
type
Average response times
Urgent 13 80 6.13
Priority 47 306 6.50
At Officer Convenience 17 143 8.39
After Hours 20 149 7.45
Animal Intake and Outcome Stats:
Total Animals taken
in from City
Total Animals
outgoing
Cats Dogs Other Bird Livestock
62 46 8 52 2 0 0
*The remaining difference from intakes to outcome total represents animals that have not yet had an outcome and are still in the facility.
Animal Outcomes:
Outcome Type Totals Dogs Cats Livestock Birds Other
Adoption 3 3 0 0 0 0
Died 4 3 1 0 0 0
Disposal 9 3 3 0 0 3
Euthanasia 15 8 6 0 0 1
RTO 14 12 2 0 0 0
Transfer 0 0 0 0 0 0
Foster 1 1 0 0 0 0
*Others are wild animals such as bats, skunks, snakes, possums, etc SPCA After-hours call outs:
DECEMBER 2023
20 Shoes for Kids:
Shoes Provided Socks Provided
3 3 Pkg
This program provides shoes and socks for children of our community. This program is funded by Department member donations and community donations.
FISCAL IMPACT
No impact to the General Fund.
RECOMMENDATIONS
None
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