CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND CITY COUNCIL MEMBERS
FROM: AMY BERGSTRAND, DIRECTOR BUSINESS ASSISTANCE/HOUSING
DEVELOPMENT
RE: MODIFICATIONS TO THE COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) OWNER-OCCUPIED REHABILITATION LOAN
PROGRAM GUIDELINES
DATE: FEBRUARY 6, 2024
SUMMARY
The Council will conduct a public hearing to solicit comments regarding requested modifications to the CDBG Home Rehabilitation Loan Program Guidelines.
DISCUSSION
Staff seeking direction from City Council regarding modifications to the CDBG Owner-occupied Rehabilitation Loan Program Guidelines that have been requested by the Housing Loan Advisory Committee. The changes include changing the interest rate of all new loans for the next five years from three percent (3%) to zero percent (0%) and changing the type of repayment options. After the five-year term, staff and the Loan Advisory Committee will decide if the 0% interest should remain in effect.
Currently the program has three repayment options that are determined by the applicant’s housing expense ratio and ability to pay. These are a fully amortized loan, interest only, or deferred for five years, whereafter staff will re-evaluate the homeowner’s income and ability to make payments. Staff recommends two repayment options; fully amortized or deferred until title transfer.
FISCAL IMPACT
The potential loss of revenue from the accrued interest that would otherwise return the program income fund at payoff or transfer that allows the City to assist additional eligible applicants and/or programs. Additionally, these funds pay for up to 8% of the received program income that can be used to pay staff time to administer the programs and loan portfolio management.
RECOMMENDATION
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Adopt Resolution No. xxxx - A RESOLUTION OF THE OROVILLE CITY COUNCIL
AUTHORIZING MODIFICATIONS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT HOME REHABILITATION PROGRAM GUIDELINES;
Or
Keep loan programs at 3%, with two repayment options; fully amortized or deferred until title transfer.
ATTACHMENTS
A- Resolution No. XXXX
B- CDBG Home Rehabilitation Loan Program Guidelines.
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CITY OF OROVILLE
RESOLUTION NO. 9217
A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING MODIFICATIONS
TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) OWNER-OCCUPIED
REHABILITATION LOAN PROGRAM GUIDELINES
BE IT HEREBY RESOLVED by the Oroville City Council as follows:
1. The Oroville City Council hereby authorizes the modification to the Community Development Block Grant Home Rehabilitation Loan Program. A copy of the changes to the CDBG Home Rehabilitation Loan Program Guidelines has been attached hereto as Exhibit "A".
2. The City Clerk shall attest to the adoption of this Resolution.
PASSED AND ADOPTED by the Oroville City Council at a regular meeting on February 6, 2024, by the following vote:
AYES: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
NOES: None
ABSTAIN: None
ABSENT: None
______________________________
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ ______________________________ Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 187
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City of Oroville
Community Development Block Grant
OWNER-OCCUPIED REHABILITATION PROGRAM GUIDELINES
Approved by February 29, 2024
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Table of Contents
FAIR HOUSING .............................................................................................................. 1 TEMPORARY RELOCATION ......................................................................................... 1 CONFLICT OF INTEREST.............................................................................................. 1 APPLICANT ELIGIBILITY ............................................................................................... 2 Owner-Occupied Applicant .......................................................................................... 2 Owner-Investor Applicant ............................................ Error! Bookmark not defined.
INCOME ELIGIBILITY..................................................................................................... 2 Owner Occupant.......................................................................................................... 2 Owner Investor ............................................................................................................ 2 Tenant............................................................................. Error! Bookmark not defined.
PROPERTY ELIGIBILITY ............................................................................................... 2 Location....................................................................................................................... 2 Property Taxes ............................................................................................................ 2 Evidence of Ownership................................................................................................ 3 Property Types ............................................................................................................ 3 REHABILITATION STANDARDS.................................................................................... 3 PROPERTY IMPROVEMENTS ...................................................................................... 4 LEAD-BASED PAINT...................................................................................................... 5 MANUFACTURED HOUSING UNIT/MOBILE HOME REHABILITATION....................... 5 RECONSTRUCTION ...................................................................................................... 5 RESIDENCY REQUIREMENTS ..................................................................................... 5 Owner Occupant.......................................................................................................... 5 Owner Investor ............................................................ Error! Bookmark not defined.
FINANCING .................................................................................................................... 6 Maximum Loan Amount............................................................................................... 6 Maximum Loan-to-Value Ratio .................................................................................... 7 Loan Security............................................................................................................... 7 Financing Terms.......................................................................................................... 8 Owner-Occupied Property ......................................................................................... 8 Owner Investor........................................................... Error! Bookmark not defined.
Grants ........................................................................ Error! Bookmark not defined. 189
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LOAN REQUIREMENTS................................................................................................. 8 Loan Documentation.................................................................................................... 8 Loan Approval ............................................................................................................. 9 Loan Settlement........................................................................................................... 9 Loan Servicing........................................................................................................... 10 DEFAULT AND FORECLOSURE ................................................................................. 10 INSURANCE................................................................................................................. 10 Standard Property Insurance..................................................................................... 10 Fire Insurance............................................................................................................ 10 Flood Insurance......................................................................................................... 11 OUTREACH/APPLICANT LIST..................................................................................... 11 Outreach.................................................................................................................... 11 Applicant List ............................................................................................................. 11 CONTRACTING PROCEDURES.................................................................................. 11 DISPUTE RESOLUTION/APPEALS PROCEDURE ..................................................... 12 "WALK -AWAY" POLICY……………………………………………………………………...15
SWEAT EQUITY............................................................. Error! Bookmark not defined.
AMENDMENTS............................................................................................................. 14 EXCEPTIONS/PROCEDURES FOR EXCEPTIONAL CIRCUMSTANCES .................. 14 CURRENT HUD/INCOME LIMITS ................................................................................ 15 ATTACHMENT A .......................................................................................................... 16
HOUSING REHABILITATION PROGRAM SINGLE FAMILY TEMPORARY
RELOCATION PLAN................................................................................................. 16 ATTACHMENT B .......................................................................................................... 24 ANNUAL HOUSEHOLD INCOME DEFINITION........................................................ 24 ATTACHMENT C .......................................................................................................... 26 LOAN SERVICING POLICES AND PROCEDURES................................................. 26 190
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City of Oroville
COMMUNITY DEVELOPMENT BLOCK GRANT
HOUSING REHABILITATION PROGRAM GUIDELINES
The City of Oroville Housing Rehabilitation Program, (here after called “Lender”), funded by State Community Development Block Grant (CDBG) Program, is designed to expand the supply of decent, safe, sanitary and affordable housing; to correct health and safety hazards in deteriorated housing; and to extend the useful life of existing housing units.
Loans and grants are available to achieve cost-effective repairs for low-income owner-occupied homes.
FAIR HOUSING
This program will be implemented in ways consistent with the Lender’s commitment to Fair Housing. No person shall be excluded from participation in, denied the benefit of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Development Block Grant (CDBG) funds on the basis of their religion or religious affiliation, age, race, color, ancestry, national origin, sex, marital status, familial status (children), physical or mental disability, sexual orientation, or other arbitrary cause.
TEMPORARY RELOCATION
The program excludes owner-investor properties by this reference and therefore Relocation benefits to tenants is excluded from the program. Owner occupants are not eligible for temporary relocation benefits, unless health and safety threats are determined to exist by the project coordinator/construction supervisor.
CONFLICT OF INTEREST
No member of the governing body of the locality and no other official, employee, or agent of the City of Oroville government who exercises policy, decision-making functions, or responsibilities in connection with the planning and implementation of the 191
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program shall directly or indirectly be eligible for this program, unless the application for assistance has been reviewed and approved according to applicable California Department of Housing and Community Development (HCD) guidelines. This ineligibility shall continue for one year after an individual's relationship with the City of Oroville ends.
A contractor with a vested interest in the property cannot bid on a rehabilitation job.
Owner/builder construction projects will not be allowed under this program. All work must be completed by a licensed contractor.
APPLICANT ELIGIBILITY
Owner-Occupied Applicant
Must be existing homeowner and occupy the residence. Proof of occupancy will be required.
INCOME ELIGIBILITY
Income eligibility is based on the occupant’s gross annual income must be less than 80 percent of the area’s median income. These limits can be located on the HCD website and are updated annually.
Owner Occupant
To be eligible, household income must be equal to, or less than, the applicable HCD income guidelines. Owner will be required to provide income documentation as detailed in the “Annual Household Income Definition/Income Limits” attached at the end of these Guidelines.
PROPERTY ELIGIBILITY
Location
Units to be rehabilitated must be located within current city limits of Oroville.
Property Taxes
Property Taxes must be paid and current in order to be eligible for a rehabilitation loan. No funds may be used to pay property taxes. If the taxes are not current, the 192
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applicant must show the payments have been made and present evidence to be eligible.
Evidence of Ownership
“Ownership” means any of the following interests in residential real property:
Fee simple interest
99-year leasehold interest in the property
Ownership or membership in a condominium, cooperative or mutual housing project.
Property Types
To be eligible, the housing must be the primary residence of income-eligible occupants.
Eligible property types of residence can include:
Multiple housing units where at least one unit is occupied by income-eligible homeowner or tenants.
Traditional single-family housing, condominiums, manufactured or mobile homes.
Structures may be either attached or detached.
*If CDBG funds are used to assist units in a two-to-four-unit property, where some of the units are occupied by ineligible tenants, then CDBG funds can only be used on the LMI occupied units.
REHABILITATION STANDARDS
All repair work will meet Uniform Building Code standards. The priority will be the elimination of health and safety hazards. Additionally, all repair work will comply with any special design or construction standards established by the City of Oroville to preserve historic buildings. Rehabilitation work should incorporate energy efficient/green building materials.
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In the case of multi-family units in which the owner occupant is income eligible, but a tenant is not, the rehabilitation shall be limited to those that benefit the overall structure (roof, exterior changes) and the interior changes for the income eligible household only.
The priority will be the elimination of health and safety hazards and code compliance.
PROPERTY IMPROVEMENTS
The goal of the Lender’s rehabilitation program is to remove deficiencies, improve energy efficiency, remediate lead-based paint, extend the useful life of the property and/or comply with any special design or construction standards established by the Lender to preserve historic buildings. All improvements must be physically attached to the property and permanent in nature. General property improvements should be limited to 15 percent of the rehabilitation loan amount. Luxury items are not permitted. If building materials that are normally considered “luxury items” are necessary due to a medical condition of a household member or for reasons of accessibility, the Lender may approve the use of such materials.
Examples of eligible improvements include foundation construction and repair, electrical repair or rewiring, plumbing repair, roof repair or replacement, heating system installation and repair, window and door replacement and repair, repair of structurally significant damaged wood, and floor coverings where it poses a hazard and water/sewer laterals.
Examples of non-eligible improvements include swimming pools, patios and patio covers, room additions that are for leisure, landscaping upgrades, hot-tubs, custom cabinets and high-end appliances.
Examples of general property improvements include improvements that bring the property into compliance with local zoning requirements, fence repairs, exterior paint or items to improve the appearance of the property but are not health and safety items. 194
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LEAD-BASED PAINT
Program participants rehabilitating homes constructed prior to January 1, 1978 must be provided with the proper disclosure notification concerning lead-based paint (LBP) hazards. Whenever pre-1978 houses are rehabilitated under CDBG, please refer to Title 24 Code of Federal Regulations (24 CFR) §570.608 , Lead-based paint for guidance. The costs associated with meeting these requirements may be eligible to be paid for with CDBG funds, if available.
MANUFACTURED HOUSING UNIT/MOBILE HOME REHABILITATION
CDBG funds may be used for the rehabilitation of an owner-occupied mobile home if they are considered part of the community’s permanent housing stock.
RECONSTRUCTION
CDBG funds may be used to demolish and reconstruct an income eligible-owned and occupied residential structures. Reconstruction is defined as the demolition and construction of a structure. The City of Oroville must document that the reconstruction costs are less than newly constructed housing and that the estimated cost of the reconstructed housing (including demolition, site preparation and temporary relocation) is less than the fair market value of the reconstructed housing and land combined. All units will be replaced on a like-for-like basis. Expansions will only be allowed if overcrowding exists.
RESIDENCY REQUIREMENTS
Owner Occupant
Owner occupants will be required to submit to the Lender between January 1 and 31st of each year for the term of the loan:
1. Proof of occupancy in the form of a copy of a current utility bill.
2. Statement of unit's continued use as a residence.
3. Declaration that other title holders do not reside on the premises, if applicable.
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4. Insurance and taxes are paid current.
In the event that an owner occupant sells, transfers title, or discontinues residence in the rehabilitated property, the loan is due and payable, unless one of the following applies:
1. If the owner occupant sells or otherwise transfers title of the property to a qualified income household, the Lender may consider refinancing the loan balance and subordinating the loan and continuing all or part of the lien as a Deferred Payment Loan.
2. If the owner occupant dies, and if the heir to the property lives in the house and is income eligible, the heir may be permitted, upon approval of the Lender to refinance the loan at the rate and terms the heir qualifies for under current participation guidelines.
3. If the owner occupant dies and the heir is not income eligible, the loan is due and payable.
4. If an owner occupant wants to convert full use of the rehabilitated property to any commercial or nonresidential use, the loan is due and payable. Refer to “Loan Servicing Policies and Procedures” attached at the end of these Guidelines.
FINANCING
Maximum Loan Amount
The maximum loan amount is $75,000. The Loan Advisory Committee (LAC) has the authority to approve outside the maximum loan amount if the cost to bring the home up to Health and Safety Standards is greater.
The loan amount may include:
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construction contract (the accepted bid price for the cost of materials and labor);
construction contingency;
drafting and engineering fees, if any;
appraisal and termite inspection charges;
credit report review fees;
permit fees and related building fees,
site preparation for replacement housing;
pre-project inspections,
lead remediation/work,
escrow, closing and recording fees; title report and title insurance, title updates.
CDBG funds may not be used to pay for property taxes.
Maximum Loan-to-Value Ratio
The maximum encumbrance is limited to 100 percent of the property’s afterrehabilitation value (determined by after rehab appraisal) or less as determined by the Lender’s policy.
Loan Security
1. A Deed of Trust and Promissory Note will secure loans. Also, a Loan Agreement and Regulatory Agreement will be required. A mobile home on a permanent foundation will require a Statement of Lien, promissory note, loan agreement and regulatory agreement.
2. All owners listed on the benefiting property title are required to sign the Deed of Trust, Promissory Note, rehabilitation contract documents, and other related loan documents, whether or not they reside on the property.
3. All Lender loans, which are not in first position on title, will require a Request for Notice of Default to be recorded as part of the transaction. 197
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Financing Terms
Owner-Occupied Property
Financing terms are made flexible to allow for maximum affordability. There are two types of financing available.
To the extent that an amortized loan payment will not cause housing costs to exceed 35 percent of gross monthly income, rehabilitation costs will ordinarily be financed as a 0 percent simple interest, fully amortized loan.
In the event the household cannot afford a loan payment, the rehabilitation loan will be financed at 0 percent simple interest with payments, deferred until title transfer.
LOAN REQUIREMENTS
Loan Documentation
The Lender shall determine the loan amount based on the consideration of:
1. The selected bid contractual amount
2. 10 percent contingency
3. Plan or drawing preparation, if any
4. Pre-project inspections (termite report, LBP inspection)
5. Escrow and title policy costs
6. Recording, credit report, and appraisal fees
The Lender shall provide the owner with the loan disclosure information.
Once the owner has approved the disclosure, the Lender shall process the loan for approval. The approval process shall require approval by the Loan Advisory Committee.
The owner shall be notified of approval and/or denial.
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Loan Approval
A loan package will be prepared by the Lender that: confirms the Applicant and property eligibility; documents the equity in and the encumbrances on the property; lists the estimated loan and construction costs; and includes any other information particular to the loan. By preparing a loan package using all the income and property eligibility, the determination of the amount and rates and terms of the CDBG loan will be outlined for the Loan Advisory Committee to review.
In order to obtain CDBG financing, Applicants must meet all property and eligibility guidelines in effect at the time of loan approval. Applicants will be provided written notification of approval or denial. Reason for denial will be provided to the Applicant in writing.
Loan Settlement
1. The Applicant shall sign the following: Deed of Trust, Promissory Note, Regulatory Agreement, Loan Estimate and Closing Disclosure Statement, Rescission Notice, Loan Agreement, Request for Notice of Default and Sale (if applicable)
2. The City Administrator, acting on the behalf of the Lender, shall sign the loan documents as required.
3. If after the 3-day rescission period the Applicant does not rescind the loan, A. the Deed of Trust and Request for Notices shall be recorded at the Butte County Recorder’s Office. The Applicant shall sign the Construction agreement and Notice to Proceed.
B. Title insurance shall be requested and received.
4. The original loan documents shall be filed with the City of Oroville. The following documents shall be included: Promissory Note, Deed of Trust, Loan Agreement, and Regulatory Agreement.
5. The construction documents shall be filed with the City of Oroville
7. The Lender shall deposit loan funds into an escrow account with a reputable title company, unless the loan amount is too small to warrant incursion of escrow fees.
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Loan Servicing
Refer to “Loan Servicing Policies and Procedures” attached at the end of these Guidelines.
DEFAULT AND FORECLOSURE
If a Borrower defaults on a loan, and foreclosure procedures are instituted, they shall be carried out according to the CDBG Foreclosure Policy as described in the “Loan Servicing Policies and Procedures” attached at the end of these Guidelines.
INSURANCE
Standard Property Insurance
Borrower must maintain property insurance coverage naming the Lender as loss payee in first position or additional insured if the loan is a second mortgage. If Borrower fails to maintain the necessary insurance, the Lender is notified in writing by the insurance company. If this occurs the Lender may take out forced place insurance to cover the property while the Borrower puts a new insurance policy in place. All costs for installing the necessary insurance will be added to the loan balance at time of installation of Borrower’s new insurance.
Fire Insurance
The Borrower shall maintain fire insurance on the property for the duration of the loan(s). This insurance must be an amount adequate to cover all encumbrances on the property. The insurer must identify the Lender as Loss Payee for the amount of the loan(s). A binder shall be provided to the Lender. In the event the Borrower fails to make the fire insurance premium payments in a timely fashion, the Lender at its option may make such payments for a period not to exceed 60 days. The Lender may, in its discretion and upon the showing of special circumstances, make such premium payments for a longer period of time. Should the Lender make any payments, it may, in its sole discretion, add such payments to the principal amount that the Borrower is obligated to repay the Lender under this program.
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Flood Insurance
Properties located in a flood zone will not be eligible for funding under this program
OUTREACH/APPLICANT LIST
Outreach
When loan funds are available, the Lender shall conduct a periodic program to advertise and promote the Housing Rehabilitation Program so that all those in need of rehabilitation assistance are aware of the Lender’s program. Efforts will be made to contact special needs households such as: elderly, single parent households, women, disabled, and minorities.
Applicant List
Applications shall be received and processed as quickly as possible. Applicants shall be placed on the Applicant list at the time they apply for the program.
Applicants shall provide information needed for the income and property verification process and what improvements are needed in a timely manner. If information is not forthcoming in a reasonable time period, the Applicant shall be informed that their position on the Applicant list may be affected. Unless there are emergency conditions that warrant more immediate action, projects will be funded based on the order of which the applications are received and deemed eligible.
CONTRACTING PROCEDURES
All housing rehabilitation work must be carried out using the adopted Housing Rehabilitation Program Guidelines.
The Lender will prepare the bid package and assist the Borrower in negotiating the contract.
The Borrower will select the contractor. The Borrower will initial each page and sign the last page of work items, thereby attesting to the fact that the Borrower was made aware of the improvements to be made to the property. 201
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All general and sub-contractors must be checked and cleared with HUD’S federal debarred list of contractors and be registered with SAM.gov. All general and sub-contractors must be actively licensed and bonded with the State of California.
All general and sub-contractors must have public liability insurance to the Lender’s required limits, and if applicable, maintain Workers’ Compensation and Employer Liability insurance to the extent required by State Law. All general and sub-contractors must comply with CDBG federal and state regulations.
A Notice of Completion must be recorded with the County Recorder.
DISPUTE RESOLUTION/APPEALS PROCEDURE
Any person/household applying for a rehabilitation loan through the CDBG program has the right to appeal if their application is denied. In addition, during pre-construction, construction or post-construction periods, the Borrower has a similar right to have any disputes heard and resolved.
Rehabilitation program representatives are primarily responsible to assure that the program is implemented in compliance with state and federal regulations in a timely and responsible manner. This includes developing accurate and professional files, work write-ups and contract documents. Program representatives attend the meeting between the homeowner and the contractor when the contract documents are signed and facilitate in the clarification and/or corrections of proposed work, so a clear understanding is established between both parties.
During and after completion of construction, the contractor's work is monitored for code compliance by the Lender Building Inspector and for quality by the Housing Rehabilitation Inspector.
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The contractual obligation for rehabilitation is ultimately between the contractor and the homeowner. If a situation occurs where the two parties are in conflict, the following procedure will occur:
Before any intervention occurs, the homeowner or contractor shall communicate perceived problems or complaints directly to the other party. In an attempt to resolve the differences, each will give the other an opportunity to respond or correct the problem.
If the first attempt fails, the homeowner or contractor may ask the Program Representative or designee to informally intervene. This intervention might include telephone call(s) to the contractor or homeowner, meeting(s) at the job site or in the office, or other actions as seem appropriate, including such things as the establishment of written working guidelines, or other post-contractual agreement.
If the Program Representative or designee is unable to satisfactorily resolve the homeowner-contractor differences, the homeowner, contractor, or program representative will contact HCD detailing the problem. In cases of building code compliance or questions of construction quality, the building inspector might also be contacted.
It must be recognized that the homeowner has other options which they may choose to utilize, including contacting the Contractors State Licensing Board and submitting a complaint.
Any controversy between the parties that cannot be settled through the informal intervention process outlined above shall be submitted to binding arbitration. Costs for the arbitration will be borne by the loser, or subject to the terms of the arbitration agreement.
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The parties shall attempt to agree on a single arbitrator to hear the dispute. If they cannot agree each party shall appoint an arbitrator. If the two arbitrators cannot agree then they shall appoint a third arbitrator whose decision shall be final and binding.
The cost of the arbitration shall be borne by the losing party unless the arbitrator otherwise determines.
The arbitration shall be conducted in accordance with the rules of the American Arbitration Association then in force. The parties expressly agree that the arbitration shall be subject to and governed by, the Federal Arbitration Act, Title IX, USC 1 et seq.
Rehabilitation Program Representatives have authorization to override the Borrower’s decision and accept work in accordance with complaints procedures if the Borrower makes unreasonable requests or demands of the Contractor, and the Contractor has satisfied all the requirements of the Rehabilitation Program.
WALK-AWAY POLICY
The purpose of the Walk-Away Policy is to prevent investment in a home which is so deteriorated that all necessary improvements cannot be achieved within the maximum allowable funding level. When it is determined that it is not economically feasible or possible to bring the unit up to local code and meet HUD’s Lead Based Paint standards, the Rehabilitation Program Representative should choose to walk away from the project.
AMENDMENTS
Amendments to these Guidelines may be made by the Lender and submitted to HCD for approval.
EXCEPTIONS/PROCEDURES FOR EXCEPTIONAL CIRCUMSTANCES
Any case to which a standard policy or procedure, as stated in the guidelines, does not apply or an Applicant treated differently from others would be an exception. 204
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In the event of extraordinary or special circumstances, the Loan Committee may grant an exception to the guidelines as long as the exception does not violate the regulations of the funding sources.
The Program staff may initiate consideration of an exception and prepare a report. This report shall contain a narrative, including staff’s recommended course of action and any written or verbal information supplied by the Applicant. The request shall be presented to the Loan Committee for decision and consideration.
CURRENT HUD/INCOME LIMITS
For consistency in calculating household incomes, the Lender will use the most current income limits available when determining household income. The CDBG income limits are updated annually.
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ATTACHMENT A
HOUSING REHABILITATION PROGRAM SINGLE FAMILY TEMPORARY
RELOCATION PLAN
The Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, require all grantees of Community Development Block Grant (CDBG) funds or Home Investment Partnership (HOME) funds to follow a written Residential Anti-displacement and Relocation Assistance Plan (Plan) for any activities which could lead to displacement of occupants whose property is receiving funds from these or other federal funding source. Having been developed in response to both aforesaid federal legislations, this Plan is intended to inform the public of the compliance of the City of Oroville with the requirements of federal regulations 24 CFR 570.606 under state recipient requirements and Section 104(d) of the Housing and Community Development Act of 1974 and 24 CFR 92 of the HOME federal regulations.
The Plan will outline reasonable steps, which the City of Oroville will take to minimize displacement and ensure compliance with all applicable federal and state relocation requirements. The City of Oroville governing body has adopted this plan via a formal resolution.
This Plan will affect rehabilitation activities funded by the U.S. Department of Housing and Urban Development (HUD) under the following program titles: HOME, CDBG, Urban Development Action Grant (UDAG), Special Purpose Grants, Section 108 Loan Guarantee Program, and such other grants as HUD may designate as applicable, which take place within the Oroville City- limits.
The City of Oroville will provide permanent relocation benefits to all eligible “displaced” households either owner occupied or rental occupied units which are permanently displaced by the housing rehabilitation program. In addition, the City of Oroville will replace all eligible occupied and vacant occupiable low-income group dwelling units demolished or converted to a use other than low-income group housing as a direct 206
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result of rehabilitation activities. This applies to all units assisted with funds provided under the Housing and Community Development Act of 1974, as amended, and as described in the Federal Regulations 24 CFR 570.496(a), Relocation, Displacement and Acquisition: Final Rule dated July 18, 1990 (Section 104(d)) and 49 CFR Part 24, Uniform Relocation Assistance (URA) and Real Property Acquisition Regulations Final Rule and Notice (URA) dated March 2, 1989.
All City of Oroville programs/projects will be implemented in ways consistent with the City of Oroville’s commitment to Fair Housing. Participants will not be discriminated against on the basis of race, color, religion, age, ancestry, national origin, sex, familial status, or handicap. The City of Oroville} will provide equal relocation assistance available 1) to each eligible income household displaced by the demolition or rehabilitation of housing or by the conversion of an eligible income household dwelling to another use as a direct result of assisted activities; and 2) to each eligible income person temporarily relocated as a direct result of activities funded by HUD programs.
Minimizing Permanent Displacement and Temporary Relocation Resulting from Housing Rehabilitation or Reconstruction Activities
Consistent with the goals and objectives of activities assisted under the Act, the City of Oroville will take the following steps to minimize the displacement of persons from their homes during housing rehabilitation or reconstruction funded by HUD programs:
Provide proper notices with counseling and referral services to all tenants so that they understand their relocation rights and receive the proper benefits. When necessary, assist permanently displaced persons to find alternate housing in the neighborhood.
Stage rehabilitation of assisted households to allow owner occupants and/or tenants to remain during minor rehabilitation.
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Encourage owner investors to temporarily relocate tenants to other available safe and sanitary vacant units on the project site area during the course of rehabilitation or pay expenses on behalf of replaced tenants. Work with area landlords, real estate brokers, and/or hotel/motel managements to locate vacancies for households facing temporary relocation. When necessary, use public funds, such as CDBG funds, to pay moving costs and provide relocation/displacement payments to households permanently displaced by assisted activities.
Lead Based Paint Mitigation Which Causes Temporary Relocation On September 15, 2000, the Final Rule for Lead Based Paint Hazard Control went into effect. Among other things, it requires that federally funded rehabilitation must use safe work practices so that occupants and workers can be protected from lead hazards. At no time should the tenant-occupant(s) be present in work areas or designated adjacent areas while LHC activities are taking place in any dwelling unit interior, common area, or exterior. As such, occupants may not be allowed to remain in their units during the time that lead-based paint hazards are being created or treated. Once work that causes lead hazards has been completed, and the unit passes clearance, the occupants can return.
The tenant-occupants may not reoccupy a work area or adjacent area until post-lead hazard reduction clearance standards have been achieved and verified with laboratory results. The final rule allows for certain exceptions:
The work will not disturb lead-based paint, or create dust-lead or soil-lead hazard; or
The work is on exterior only and openings are sealed to prevent dust from entering the home, the work area is cleaned after the work is completed, and the residents have alternative lead-free entry; or
The interior work will be completed in one period of less than 8-daytime hours and the work site is contained to prevent the release of dust into other areas of the home; or
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The interior work will be completed within 5 calendar days, the work site is contained to prevent the release of dust, the worksite and areas within 10 feet of the worksite are cleaned at the end of each day to remove any visible dust and debris, and the residents have safe access to kitchen and bath and bedrooms.
If temporary relocation benefits are not provided because the {City/County} believes that the project meets one of the above criteria, then proper documentation must be provided in the rehabilitation project file to show compliance. It is up to the {City/County} to ensure that the owner occupant or tenant in the project does not get impacted by lead paint mitigation efforts. In most cases where lead paint mitigation is taking place, occupants (tenants or owners) will be strongly encouraged to relocate even for just a few days until a final lead clearance can be issued by a certified lead-based paint assessor. Occupants who are temporarily relocated because of lead based paint mitigation are entitled to the same relocation benefits as those who are relocated because of substantial rehabilitation or reconstruction activities.
Temporary Relocation of Owner Occupants
Owner occupants are not allowed to stay in units which are hazardous environments during lead-based paint mitigation. When their home is having lead-based paint mitigation work done which will not make it safe to live in, then they are eligible for temporary relocation benefits which will be provided as a grant. In the same way, a unit requiring substantial rehabilitation (with or without lead based paint mitigation) which will not allow the family to access a bath or kitchen facility, or if the unit is being demolished and reconstructed, then the family will be eligible for temporary relocation benefits which will be provided as a grant. The amount of the benefit to be paid should be cost appropriate to the conditions.
Owner occupants will be encouraged to move in with family or friends during the course of rehabilitation, since they are voluntarily participating in the program. The housing rehabilitation loan specialist and/or the rehabilitation construction specialist will complete a temporary relocation benefits form to document that the owner occupant 209
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understands that they must relocate during the course of construction and what benefits they wish to be reimbursed for as part of their relocation.
Rehabilitation Activities Requiring Permanent Displacement The City of Oroville rehabilitation program will not typically trigger permanent displacement and permanent displacement activities fall outside of the scope of this plan. If a case of permanent displacement is encountered, then the staff that is responsible for the rehabilitation program will consult with City of Oroville’s legal counsel to decide if they have the capacity to conduct the permanent displacement activity. If local staff does not have the capacity, then a professional relocation consultant will be hired to do the counseling and benefit determination and implementation. If local staff does wish to do the permanent displacement activity, then they will consult and follow the HUD Relocation Handbook 1378.
Rehabilitation Which Triggers Replacement Housing
If the City of Oroville rehabilitation program assists a property where one or more units are eliminated then under Section 104 (d) of the Housing and Community Act of 1974, as amended applies and the City of Oroville is required to replace those lost units. An example of this would be a duplex unit which is converted into a single-family unit. In all cases where rehabilitation activities will reduce the number of housing units in the jurisdiction, then the City of Oroville must document that any lost units are replaced, and any occupants of reduced units are given permanent relocation benefits. (This does not apply to reconstruction or replacement housing done under a rehabilitation program where the existing unit(s) is demolished and replaced with a structure equal in size without in loss number of units or bedrooms.)
Replacement housing will be provided within three years after the commencement of the demolition or conversion. Before entering into a contract committing the City of Oroville to provide funds for an activity that will directly result in such demolition or conversion, the City of Oroville will make this activity public (through a noticed public hearing and/or publication in a newspaper of general circulation) and submit to the 210
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California Department of Housing and Community Development or the appropriate federal authority the following information in writing:
A description of the proposed assisted activity;
The location on a map and the approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as targeted income group dwelling units as a direct result of the assisted activity; A time schedule for the commencement and completion of the demolition or conversion;
The location on a map and the approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; The source of funding and a time schedule for the provision of the replacement dwelling units;
The basis for concluding that each replacement dwelling unit will remain a targeted income group dwelling unit for at least 10 years from the date of initial occupancy; and,
Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units (e.g., a two-bedroom unit with two one-bedroom units) is consistent with the housing needs of targeted income group households in the jurisdiction.
The Management Analyst at the City of Oroville is responsible for tracking the replacement of housing and ensuring that it is provided within the required period. The City of Oroville is responsible for ensuring requirements are met for notification and provision of relocation assistance, as described in Section 570.606, to any targeted income group displaced by the demolition of any dwelling unit or the conversion of a targeted income group dwelling unit to another use in connection with an assisted activity.
Record Keeping and Relocation Disclosures/Notifications The City of Oroville will maintain records of occupants of Federally funded rehabilitated, reconstructed or demolished property from the start to completion of the project to 211
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demonstrate compliance with section 104(d), URA and applicable program regulations.
Each rehabilitation project, which dictates temporary or permanent or replacement activities, will have a project description and documentation of assistance provided. (See sample forms in HUD Relocation Handbook 1378, Chapter 1, Appendix 11, form HUD-40054)
Appropriate advisory services will include reasonable advance written notice of (a) the date and approximate duration of the temporary relocation; (b) the address of the suitable, decent, safe, and sanitary dwelling to be made available for the temporary period; (c) the terms and conditions under which the tenant may lease and occupy a suitable, decent, safe, and sanitary dwelling.
Notices shall be written in plain, understandable primary language of the persons involved. Persons who are unable to read and understand the notice (e.g. illiterate, foreign language, or impaired vision or other disability) will be provided with appropriate translation/communication. Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help. The notices and process below are only for temporary relocation. If permanent relocation is involved, then other sets of notice and noticing process and relocation benefits must be applied (See HUD relocation handbook 1378 for those forms and procedures) The Temporary Relocation Advisory Notices to be provided are as follows:
General Information Notice
As soon as feasible when an owner investor is applying for Federal financing for rehabilitation, reconstruction, or demolition, the tenant of a housing unit will be mailed, or hand delivered a General Information Notice that the project has been proposed and that the tenant will be able to occupy their present house upon completion of rehabilitation. The tenant will be informed that the rent after rehabilitation will not exceed current rent or 30 percent of their average monthly gross household income. The tenant will be informed that if he or she is required to move temporarily so that the rehabilitation can be completed, suitable housing will be made available and they will be reimbursed for all reasonable extra expenses. 212
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The tenant will be cautioned that they will not be provided relocation assistance if they decide to move for personal reasons.
Notice of Non-Displacement
As soon as feasible when the rehabilitation application has been approved, the tenant will be informed that they will not be permanently displaced and that they are eligible for temporary relocation benefits because of lead based paint mitigation or substantial rehabilitation, or reconstruction of their unit. The tenant will also again be cautioned not to move for personal reasons during rehabilitation, or risk losing relocation assistance.
Disclosure to Occupants of Temporary Relocation Benefits This form is completed to document that the City of Oroville is following its adopted temporary relocation plan for owner occupants and tenants.
Other Relocation/Displacement Notices
The above three notices are required for temporary relocation. If the City of Oroville is attempting to provide permanent displacement benefits, then there are a number of other forms which are required. Staff will consult HUD’s Relocation Handbook 1378 and ensure that all the proper notices are provided for persons who are permanently displaced as a result of housing rehabilitation activities funded by CDBG or other federal programs.
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ATTACHMENT B
ANNUAL HOUSEHOLD INCOME DEFINITION
For the purposes of determining eligibility in accordance with HCD income guidelines, Annual Income will include, for all members of the household:
Gross wages and salary before deductions.
Net money income from self-employment.
Cash income received from such sources as rental units, Social Security benefits, pensions, and periodic income from insurance policy annuities. Periodic cash benefits from public assistance and other compensation, including AFDC, SSI, Worker's Compensation, State Disability Insurance and Unemployment benefits.
Interest earned on savings and investments.
Annual Income will not include:
Non-cash income such as food stamps or vouchers received for the purpose of food or housing.
Capital gains or losses.
One-time unearned income such as scholarship and fellowship grants; accident, health or casualty insurance proceeds; prizes or gifts; inheritances. Payments designated specifically for medical or other costs, foster children or their non-disposable income.
Income from employment of children under the age of 18. Payment for the care of foster children.
This is not meant to be a complete list.
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The City of Oroville will make the final decision in situations where the classification of income is not clear-cut. Any exceptions or other deviations from this definition of annual income will be considered by the City of Oroville
The City of Oroville shall use the Income Guidelines published each year by HUD and HCD.
The maximum gross annual income for an eligible household shall be 80 percent of the area median income for the household size.
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ATTACHMENT C
LOAN SERVICING POLICES AND PROCEDURES
The City of Oroville here after called “Lender” has adopted these policies and procedures in order to preserve its financial interest in properties, whose “Borrowers” have been assisted with public funds. The Lender will to the greatest extent possible follow these policies and procedures, but each loan will be evaluated and handled on a case-by-case basis. The Lender has formulated this document to comply with state and federal regulations regarding the use of these public funds and any property restrictions which are associated with them.
The policies and procedures are broken down into the follow areas: 1) making required payments or paying off a loan’s principle and interest; 2) required payment of property taxes and insurance; 3) required Request for Notice of Default on all second mortgages; 4) required Rent Limitation Agreement and monitoring of investor properties; 5) loans with annual occupancy restrictions and certifications 6) required noticing and limitations on any changes in title or use of property; 7) required noticing and process for requesting a subordination during a refinance; 8) process of foreclosure in case of default on the loan.
Loan Repayments and Discounting of Notes
The Lender will collect monthly payments from those borrowers who are obligated to do so under an Installment Note, which are amortized promissory notes. Late fees will be charged for payments received after the assigned monthly date. The Lender will provide the Borrower a debt amortization schedule and will maintain said schedule to account for the loan repayments and any penalties.
For Straight Notes, which are deferred payment loans; the Lender may accept voluntary payments on the loan. Loan payments will be credited to the interest first and then to principal. The borrower may repay the loan balance at any time with no penalty. 216
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The Lender will maintain an accurate listing of all loans including but not limited to the following information, borrower’s name, address, date of loan, amount of principal, calculation of interest, total payoff amount and date of payoff.
Lender is notified that the Borrower intends to pay off a loan, the Lender will provide the payoff amount, including the amount of interest accrued up to the day identified as the payoff date.
The Lender will process and record a Substitution of Trustee and Full Reconveyance upon loan satisfaction.
When the rehabilitation project is completed and the amount used to complete the project is less than the amount loaned, the Lender will notify the title company holding the escrow account to refund the unused balance to the Lender. The Lender will reduce the amount of principal accordingly and recalculate the interest.
Payment of Property Taxes and Insurance
As part of keeping the loan from going into default, borrower must maintain property insurance coverage naming the Lender as loss payee in first position or additional insured if the loan is a second mortgage. If borrower fails to maintain the necessary insurance, the Lender is notified in writing by the insurance company. If this occurs the Lender may take out forced place insurance to cover the property while the Borrower puts a new insurance policy in place. All costs for installing the necessary insurance will be added to the loan balance at time of installation of Borrower’s new insurance.
When a property is located in a 100-year flood plain, the Borrower will be required to carry the necessary flood insurance. A certificate of insurance for flood and for standard property insurance will be required at close of escrow. The lender may check the insurance on an annual basis.
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Property taxes must be kept current during the term of the loan. If the Borrower fails to maintain payment of property taxes, then the lender may pay the taxes current and add the balance of the tax payment plus any penalties to the balance of the loan. Wherever possible, the Lender encourages Borrower to have impound accounts set up with their first mortgagee wherein they pay their taxes and insurance as part of their monthly mortgage payment.
All Borrowers will be evaluated semi-annually by the Lender to confirm timely payments of property taxes. In January and May of each year the Lender will access the County Treasurer-Tax Collector website and view the Borrower’s tax bill to determine if tax payments have been made.
Required Request for Notice of Default
When the Borrower’s loan is in second position behind an existing first mortgage, it is the Lender's policy to prepare and record a "Request for Notice of Default" for each senior lien in front of Lender’s loan. This document requires any senior lien holder listed in the notice to notify the lender of initiation of a foreclosure action. The Lender will then have time to contact the Borrower and assist them in bringing the first loan current. The Lender can also monitor the foreclosure process and go through the necessary analysis to determine if the loan can be made whole or preserved. When the Lender is in a third position and receives notification of foreclosure from only one senior lien holder, it is in their best interest to contact any other senior lien holders regarding the status of their loans.
Annual Occupancy Restrictions and Certifications
All owner-occupied Borrowers will be evaluated annually by the Lender to confirm continuous owner occupancy status. Owner occupant Borrowers will be required to submit to the City of Oroville each year for the term of the loan:
Proof of occupancy in the form of a copy of a current utility bill. 218
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Statement of unit's continued use as a residence.
Declaration that other title holders do not reside on the premises.
These loan terms are incorporated in the original note and deed of trust. In the event that an owner occupant sells, transfers title, or discontinues residence in the rehabilitated property, the loan is due and payable.
Required Noticing and Restrictions on Any Changes of Title or Occupancy In all cases where there is a change in title or occupancy or use, the Borrower must notify the Lender in writing of any change. Lender and borrower will work together to ensure the property is kept in compliance with the original program terms and conditions such that it remains available as an affordable home for low-income families. These types of changes are typical when Borrowers do estate planning (adding a relative to title) or if a Borrower dies and property is transferred to heirs or when the property is sold or transferred as part of a business transaction. In some cases, the Borrower may move and turn the property into a rental unit without notifying the Lender. Changes in title or occupancy must be in keeping with the objective of benefit to the income qualified families.
Owner-Occupant to Owner-Occupant
Change from owner-occupant to owner-occupant occurs at a sale. When a new owner-occupant is not low-income, the loan is not assumable, and the loan balance is immediately due and payable. If the new owner-occupant qualifies as low-income, the purchaser may assume all loan repayment obligations of the original owneroccupant, subject to the approval of the Lender’s Loan Advisory Committee.
If a transfer of the property occurs through inheritance, the heir (as owner-occupant) may be provided the opportunity to assume the loan at an interest rate based on family size and household income, provided the heir is income qualified. If the heir intends to occupy the property and is not income qualified, the balance of the loan is due and payable. If the heir intends to act as an owner-investor, the balance of the 219
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loan may be converted to an owner/investor interest rate and loan term and a rent limitation agreement is signed and recorded on title. All such changes are subject to the review and approval of the Lender’s.
Owner-Occupant to Owner-Investor
Change from owner-occupant to owner-investor is not allowed.
Conversion to use other than residential use is not allowable where the full use of the property is changed from residential to commercial or other. In some cases, Borrowers may request that the Lender allow for a partial conversion where some of the residence is used for a business, but the family still resides in the property.
Partial conversions can be allowed if it is reviewed and approved by any and all agencies required by local statute. If the use of the property is converted to a fully non-residential use, the loan balance is due and payable.
Requests for Subordinations
When a Borrower has a primary mortgage recorded in a senior position to the City of Oroville’s loan and wishes to refinance the primary loan, they must submit a written subordination request to the Lender City of Oroville. The Lender will only subordinate their loan when there is no “cash out” as part of the refinance. Cash out means there are no additional charges on the transaction above loan and escrow closing fees. There can be no third-party debt pay offs or additional encumbrance on the property above traditional refinance transaction costs. Furthermore, the refinance should lower the housing cost of the family with a lower interest rate and the total indebtedness on the property should not exceed the current market value.
Upon receiving the proper documentation from the refinance agency, the request will be considered by the Loan Committee for review and approval. Upon approval, the escrow company will provide the proper subordination document
for execution and recordation.
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Process for Loan Foreclosure
Upon any condition of loan default: 1) nonpayment; 2) lack of insurance or property tax payment; 3) violation of rent limitation agreement; 4) change in title or use without approval; 5) default on senior loans, the Lender will send out a letter to the Borrower notifying them of the default situation. If the default situation continues then the Lender may start a formal process of foreclosure.
When a senior lien holder starts a foreclosure process and the Lender is notified via a Request for Notice of Default, the Lender, who is the junior lien holder, may cancel the foreclosure proceedings by "reinstating" the senior lien holder. The reinstatement amount or payoff amount must be obtained by contacting the senior lien holder. This amount will include all delinquent payments, late charges and fees to date. Lender must confer with Borrower to determine if, upon paying the senior lien holder current, the Borrower can provide future payments. If this is the case, then the Lender may cure the foreclosure and add the costs to the balance of the loan with a Notice of Additional Advance on the existing note.
If the Lender determines, based on information on the reinstatement amount and status of borrower, that bringing the loan current will not preserve the loan, then staff must determine if it is cost effective to protect their position by paying off the senior lien holder in total and restructure the debt such that the unit is made affordable to the Borrower. If the Lender does not have sufficient funds to pay the senior lien holder in full, then they may choose to cure the senior lien holder and foreclose on the property themselves. As long as there is sufficient value in the property, the Lender can afford to pay for the foreclosure process and pay off the senior lien holder and retain some or all of their investment.
If the Lender decides to reinstate, the senior lien holder will accept the amount to reinstate the loan up until five (5) days prior to the set "foreclosure sale date." This "foreclosure sale date" usually occurs about four (4) to six (6) months from the date of recording of the "Notice of Default." If the Lender fails to reinstate the senior lien holder 221
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before five (5) days prior to the foreclosure sale date, the senior lien holder would then require a full pay off of the balance, plus costs, to cancel foreclosure. If the Lender, after exercising due diligence, determines the reinstatement and maintenance of the property not to be cost effective and allows the senior lien holder to complete foreclosure, the Lender's lien may be eliminated due to insufficient sales proceeds.
Lender as Senior Lien holder
When the Lender is first position as a senior lien holder, active collection efforts will begin on any loan that is 31 or more days in arrears. Attempts will be made to assist the homeowner in bringing and keeping the loan current. These attempts will be conveyed in an increasingly urgent manner until loan payments have reached 90 days in arrears, at which time the Lender may consider foreclosure. Lender’s staff will consider the following factors before initiating foreclosure:
Can the loan be cured, and can the rates and terms be adjusted to allow for affordable payments such that foreclosure is not necessary? Can the Borrower refinance with a private lender and pay off the Lender? Can the Borrower sell the property and pay off the Lender? Does the balance warrant foreclosure? (If the balance is under $5,000, the expense to foreclose may not be worth pursuing.)
Will the sales price of home "as is" cover the principal balance owing, necessary advances, (maintain fire insurance, maintain or bring current delinquent property taxes, monthly yard maintenance, periodic inspections of property to prevent vandalism, etc.) foreclosure, and marketing costs?
If the balance is substantial and all of the above factors have been considered, the Lender may opt to initiate foreclosure. The Borrower must receive, by certified mail, a thirty-day notification of foreclosure initiation. This notification must include the exact amount of funds to be remitted to the Lender to prevent foreclosure (such as, funds to bring a delinquent Below Market Interest Rate (BMIR) current or pay off a DPL). 222
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At the end of 30 days, the Lender should contact a reputable foreclosure service or local title company to prepare and record foreclosure documents and make all necessary notifications to the owner and junior lien holders. The service will advise the Lender of all required documentation to initiate foreclosure (Note and Deed of Trust usually) and funds required from the owner to cancel foreclosure proceedings. The service will keep the Lender informed of the progress of the foreclosure proceedings.
When the process is completed, and the property has "reverted to the beneficiary" at the foreclosure sale, the Lender could sell the home themselves under a homebuyer program or use it for an affordable rental property managed by a local housing authority or use it for transitional housing facility or other eligible use. The Lender could contract with a local real estate broker to list and sell the home and use those funds for program income eligible uses.
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CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND CITY COUNCIL MEMBERS
FROM: PATRICK PIATT, COMMUNITY DEVELOPMENT DIRECTOR,
LARK MCNEILL, INTERWEST PLANNING GROUP
RE: FIRST READING OF AN AMENDMENT OF OROVILLE MUNICIPAL CODE SECTION 17.16.150 – MOBILE FOOD VENDING
DATE: February 6, 2024
SUMMARY
The City Council will consider amending Municipal Code Section 17.16.150 (“Mobile Food Vending”) to set development standards for multiple food vendors at one location. The Planning Commission recommended approval of these modifications at its regular meeting of November 16, 2023, after consideration of the staff report, Planning Commissioner comments, and public comment. If approved by the City Council, the City Council will hold a second hearing to formally adopt the ordinance amending Municipal Code Section
17.16.150.
DISCUSSION
The proposed modifications to Municipal Code Section 17.16.150 are Staff initiated ordinance changes to regulate more than one mobile food vendor (MFV) at one location at one time after receiving a few inquiries to have more than one MFV on one property at the same time. Staff proposes calling this land use “mobile food vendor village” (MFVV). The intent of is to allow the city to regulate more than one MFV at a time on private property as an business similar to restaurants in buildings, to protect adjacent private property and to ensure that these uses do not generate litter, create unsafe traffic patterns, and create a need for additional law enforcement.
MFVVs are popular in other California communities, and if properly managed, can inject new energy into neighborhoods where they are located. MFVVs can become very popular monthly events, with multiple mobile food vendors and live music at one location. MFVs and MFVVs offer a quick and easy way to earn modest revenue on a property with little effort or expenditure by the property owner.
The Planning Commission held a workshop on the proposed amendments to 17.16.150 on September 28, 2023. Issues raised during the September 28, 2023, Planning Commission workshop included comments from the Planning Commissioners and Scott Bullard.
The commissioners raised the following issues regarding MFVV in Oroville:
1. Unfair business advantage to property owners with MFVV on their property, they don’t pay property taxes on the restaurant use on their property. Property owners with constructed restaurants must pay property taxes on the property including structures, as well as paying water, sewer, and storm water runoff fees charged by the sewer and water purveyor. This is a fact that cannot be mitigated. The draft ordinance does not permit a MFVV to be created in the downtown area.
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2. How to control MFVV clients’ access to the MFVV site. The proposed modifications include development standards including the use of sawhorse or other temporary barriers to direct traffic into one point of ingress/egress to each MFVV on undeveloped sites. Traffic ingress and egress on existing developed properties is already controlled by curb, gutter, sidewalks, landscaping and driveways. The Commission modified staff’s recommendation to allow the Zoning Administrator to require temporary barriers on a case-by-case basis dependent on the proposed location for the MFVV.
3. How many MFV would be allowed at each site. The Commission chose not to make a recommendation as to whether a limit should be set on the number of MFVs for each permitted site.
4. Limiting business hours. The draft ordinance limits a MFVV to operating between 6 a.m. and 10 p.m. The current ordinance limits MFV to operating between 7 a.m. and 10 p.m.
5. Concentration of MFVV. The Commission did not voice interest in limiting the concentration of MFVV in the city limits, so staff removed this from the original proposed modifications.
Public Comment to the Planning Commission: Mr. Scott Hubbard submitted two letters dated October 18 and November 7, 2023, commenting on the draft amendments to Municipal Code
17.16.150. Staff reviewed both letters and incorporated changes to the ordinance where the changes were in the best interests of the community. Staff did not recommend changing the number of mobile food vendors meeting the definition of MFVV due to the need for consistency in the number of mobile food vendors at one location, and to lessen ambiguity for code enforcement staff. Staff strongly believes that any definition of mobile food vendors other than “more than one mobile food vendor at the same location at one time” will make code enforcement difficult. The proposed regulations place modest responsibilities on the property owner of an approved MFVV site to maintain the property in a clean and sanitary manner.
The ordinance requires all existing MFVs to obtain new mobile food vendor permits within 180 days after the ordinance revisions go into effect. This will enable the city to bring all properties that now operate with more than one mobile food vendor to be brought into compliance with Municipal Code Section 17.16.010 (Mobile Food Vendors), as amended.
Letter from Scott Hubbard dated January 30, 2024
Defined Terms: Mr. Hubbard asks that the draft ordinance not include the term “mobile food vendor”. He suggests that the draft ordinance replace it with the term “Mobile Food Facility”.
The Planning Commission recommended approval of the draft ordinance which includes the term “mobile food vendor”. The City Council may decide to eliminate the term “mobile food vendor” from the draft ordinance and use the State of California Health and Safety Code definition of Mobile Food Facility below:
California Health and Safety Code (Cal Code) Chapter 2: Definitions 113831. Mobile food facility "MOBILE FOOD FACILITY" means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. "Mobile food facility" does not include a "transporter" used to transport packaged food from a food facility, or other approved source to the consumer.
Number of vendors: Mr. Hubbard requests that the definition of MFV be modified to read:
“Mobile food vending villages (MFVV) are defined as more than one four mobile food vendors parked on a private property for more than one hour at a time.” The Planning Commission did not approve his prior request to define a MFVV as four or more MFVs on site at one time. 225
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As staff explained at the Planning Commission meeting on November 16, 2023, it is easier for code enforcement to determine if a violation exists when the definition of a MFVV is more than one mobile food vending vehicle. If the ordinance defined a MFVV as four or more MFVs at one time on one site, it can become a shell game with vendors rotating around the site or stating that they were “just leaving” or “just setting up” because another vendor on the site is “supposed to be leaving” or “isn’t allowed to be here”. This can become an enforcement headache. It is clearer if the definition is “two or more MFVs”. The intent is to ensure the ordinance is easy to understand and clear to all. City resources are stretched as they are. Furthermore, this ordinance contains few regulations for MFVVs in order to create opportunities for orderly economic growth throughout the community.
Section 16.150.010. F.4. Paved or Chip Sealing Mr. Hubbard requests to remove the requirement for paved or chip sealing for MFVVs. This ordinance is intended to regulate MFVVs from two to multiple MFVs at one time at one site. In some instances, paved or chip sealed surface is not necessary to control dust or prevent degrading the property surface. In other instances, a larger MFVV will necessitate a paved or chip sealed parking surface. The draft ordinance allows the Zoning Administrator to determine which parking surface is appropriate for the number of MFVs approved with each minor use permit application. Staff believes that it is appropriate to leave the proposed language as written.
Section 16.150. F.13. Signage Mr. Hubbard requests that MFVVs be allowed to submit sign permits according to the sign ordinance. Mr. Hubbard states that MFVVs should have the same signage allowances as shopping centers. However, MFVVs are not shopping centers. They have no permanent structures on site. They are not required to provide handicapped parking, public restrooms, or landscaping. MFVVs serve food to go. Furthermore, the signage on many MFV vehicles exceeds the maximum allowable wall signage of 10% of the wall square footage (OMC 17.20.120 Requirements for commercial and mixed-use districts). The city does not regulate the allowable wall signage on the MFV vehicles. Staff does not believe that MFVs are unduly restricted in their First Amendment rights by the draft ordinance under consideration and by the City’s existing sign ordinance.
Property Barrier Mr. Hubbard requests to remove any requirement for a temporary or permanent barrier to demarcate the property lines between the MFVV location and adjacent properties. The draft ordinance allows the Zoning Administrator to require temporary or permanent barriers on a case-by case basis.
FISCAL IMPACT
Any approved mobile food vendor village will be subject to all customary application fees.
RECOMMENDATION
1. Adopt a Categorical Exemption for amendments to Municipal Code Section
17.16.150.
2. Adopt Resolution 9215 — FIRST READING OF AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF OROVILLE AMENDING SECTION
17.16.150 (“MOBILE FOOD VENDING”) REGULATING MOBILE FOOD
VENDORS AT ONE LOCATION (MOBILE FOOD VENDOR VILLAGE)
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ATTACHMENTS
1. Draft City Council resolution 9215, First reading of an ordinance - proposed amendments to Municipal Code Section 17.16.150
2. Notice of Exemption (CEQA)
3. Planning Commission packet from the November 16, 2023, Planning Commission meeting
4. Scott Hubbard letter dated January 30, 2024
5. Existing Mobile Food Vending Ordinance for reference
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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 February 6, 2024, 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 March 6, 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. (Continued on next page)
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PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting held on February 6, 2024, by the following vote:
AYES: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman.
NOES: None
ABSENT: None
ABSTAIN: None
Mayor, David Pittman
APPROVED AS TO FORM: ATTEST:
City Attorney, Scott E. Huber Assistant City Clerk, Kayla Reaster 229
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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 230
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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 231
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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 232
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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 233
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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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H
A Professional Corporation
UBBARD
12 Williamsburg Lane ۰ Chico ۰ California ۰ 95926 ۰ (530) 895 - 3252 January 30, 2024
via electronic mail only
[email protected]
City of Oroville City Council
Office of the City Clerk
1735 Montgomery Street
Oroville, Ca 95965
RE: Proposed changes to Section 17.16.150
Greetings:
On January 16, 2024, the City Council considered amending Municipal Code Section 17.16.150 (“Mobile Food Vending”) to set development standards for multiple food vendors at one location.
Specifically, the Planning Commission recommended approval of these modifications at its regular meeting of November 16, 2023, after consideration of the staff report, Planning Commissioner comments, and public comment. The City Council held public hearing that day (January 16), and ultimately continued the proposal to the regularly scheduled February 6, 2024 meeting so the public could provide further comment. By way of the instant missive, we wish to take advantage of that continuance and formally suggest edits to the proposed ordinance.
Wes Ervin, Principal Planner. As a preliminary matter, our family would like to thank Wes Ervin and his team for the assistance they provided in regards to this endeavor. They were dedicated, courteous, and responsive to our concerns. And while we didn’t see eye-to-eye on everything, their hard work and professionalism cannot be overstated. It is thanks to their efforts that this project has become a reality. Words cannot express our gratitude so, for that reason, we will simply say, “thank you.”
Defined Terms, (§ B). Consistency may be the hobgoblin of little minds but, in the realm of statutory construction, its golden. In this instance, if the City Council is considering a wholesale rewrite of § 17.16.150, we would suggest changing the term, mobile food vendor, to, mobile food facility, so as to bring it (the ordinance) in-line with state law and county regulations.1 This change would eliminate any ambiguity and allow the reader to determine whether the code is applicable to their vehicle.
1 See, e.g., Calif. Health & Safety Code § 113831(a), and County of Butte, Mobile Food Facility Informational Packet (May 16, 2023)
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HUBBARD
A Professional Corporation
12 Williamsburg Lane ۰ Chico ۰ California ۰ 95926 ۰ (530) 895 - 3252 Number of Vendors, (§ B). The new ordinance defines, mobile food vending villages, as more than one mobile food vending vehicle parked on a private property for more than one hour at a time. We believe that definition is too broad. Two trucks are not a village. In fact, there are properties in the city successfully operate three trucks without disrupting the surrounding businesses. Similarly, there are landlords with a single vehicle who may wish to avail themselves of the added benefit bestowed upon villages. Our original recommendation was that villages are mandatory for four or more vendors; and optional for three or less. We maintain that recommendation here.
2 Paved or Chip-sealing, (§ F.4). The new ordinance requires that unimproved property be paved if a mobile food vendor will be parked upon it (although the zoning administrator may approve other hard surfaces).3
Speaking from experience, we would ask the Council to reconsider this requirement. During the California State Fair, our trailers were located on pavement and pavement absorbs heat. That heat all but eliminated foot traffic at the fair and made working within the trailer unbearable. By requiring all mobile food vendors pave their locations, the ordinance will create those same unbearable working conditions and dissuade customers from visiting their facilities.
4 It also dissuades mobile vendors from locating in areas that already underserved – i.e., rural areas without commercial development. And while there may indeed be a need for ground cover in some locations (e.g., gravel, road base), making pavement the default standard strikes us as ill-advised and, for these reasons, we maintain our opposition to this requirement.
Signage, (§ F.13). The new ordinance requires that all vehicle signage be located on the vending equipment, and limits villages to two A-frame signs. Both are expected to comply with the requirements of Chapter 17.20 of the City of Oroville Municipal Code (Signs). At first blush, while requiring signage to comply with the Chapter 17.20 seems reasonable, restricting the types signs posted on private property – i.e., when compared to other similar commercial entities – strikes us as a First Amendment violation. By way of example, it would be unreasonable to limit a shopping center with two or more restaurants to two A-frame signs, and we believe it would be unreasonable to do so here. Ergo, we would request that the Council edit this passage so that mobile food trucks and villages are held to the same standards as other commercial entities under Chapter 17.20.
2 Should the City Council adopt our suggestion, we’d further recommend using the term, designated site, instead of mobile food vending villages. 3 The proposed ordinance allows for pavement or chip-sealing. Because our analysis applies with equal force to either, we will apply the singular term, pavement, when referring to both. 4 We are prepared to offer testimony from third-party vendors, who will confirm that they are forced to close during the summer because the heat radiating from the pavement creates an unsafe working environment.
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HUBBARD
A Professional Corporation
12 Williamsburg Lane ۰ Chico ۰ California ۰ 95926 ۰ (530) 895 - 3252 Property Barrier, (§ F.18). Finally, the proposed ordinance requires a demarcated barrier to prevent activities from intruding onto the public street or adjacent properties. We recommend removing that language.
5 Setting aside the fact that barrier-free access is a hallmark of any public marketplace, demarcated barriers surrounding the property are cost prohibited in large parcels, such as shopping centers with multiple property owners sharing common areas. Furthermore, the boundary of the village is already defined by a 10-foot setback (§ F.5). Adding a physical barrier not only creates a “belt and suspenders” solution to the boundary problem, but makes it more difficult (and needlessly so) for customers to access the trailers in a business model where ease of access is key. It is for these reasons that we maintain our objection to this standard.
Kindest regards,
HUBBARD,APC
/
Scottlynn J Hubbard
cc (email only):
Josh Hubbard, [email protected]
Wes Ervin, City Planner, [email protected]
Brian Ring, City Administrator, [email protected] Scott Huber, City Attorney, [email protected] 5 Our original response dated October 18, 2023, stated:
Property Barrier, (§ E.18). The proposed ordinance also requires a demarcated barrier – determined by the City and installed by the property owner – to prevent “activities” at the designated site from intruding onto the public street or adjacent properties. We disagree.
Barrier-free access is a hallmark of any public marketplace. Again, by way of example, farmers markets would be far less attractive if they were surrounded by a permanent fence to prevent those activities – i.e., selling food and goods to the general public – from intruding upon the surrounding streets. We would instead recommend a designed setback, e.g., 10 to 15 feet from the edge of the street to the property – which would allow pedestrian traffic, preserve the integrity of the surrounding public areas, and still create an inviting atmosphere for customers.
Op.cit (bold omitted) (underline added) (italics in original). 237
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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 238
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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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1 City of Oroville
COMMUNITY DEVELOPMENT DEPARTMENT
1735 Montgomery Street
Oroville, CA 95965-4897
(530) 538-2430 FAX (530) 538-2426
www.cityoforoville.org
PLANNING COMMISSION STAFF REPORT Thursday, November 16, 2023 RE: Draft Mobile Food Vendor Village Ordinance
SUMMARY: The Oroville Planning Commission will review and make a recommendation to the Oroville City Council regarding modifications to Municipal Code Section 17.16.150 regulating mobile food vendors at one location (Mobile Food Vendor Village).
RECOMMENDATION: Staff recommends the following actions:
1. Conduct a Public Hearing on the proposed ordinance changes.
2. Adopt the Notice of Exemption as the appropriate level of environmental review in accordance with the California Environmental Quality Act (CEQA);
3. Adopt the recommended Findings for the proposed ordinance changes;
4. Adopt Resolution No. P2023-21 with recommendations to the City Council APPLICANT: City of Oroville
LOCATION: potentially multiple sites GENERAL PLAN: commercial and industrial designations
ZONING: potentially multiple sites
FLOOD ZONE: n/a no structures involved
ENVIRONMENTAL DETERMINATION: Categorically Exempt per Section 15303(a) of Title 14, California Code of Regulations.
REPORT PREPARED BY:
Lark McNeill, Senior Planner
Interwest Planning Group
REVIEWED BY:
Patrick Piatt, Director
Community Development Department
PROJECT DESCRIPTION AND BACKGROUND
Currently, the City of Oroville zoning ordinance has few standards for mobile food vendors (MFV). Staff initiated the proposed modifications to Municipal Code (MC) Section 17.16.150 that would create standards for more than one mobile food vendor 25 Item 3.
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2 on a site, (commonly known in more urban areas as a mobile food vendor village (MFVV)), on privately owned property in the City. The intent of the proposed modifications is not for the City to create an MFVV. The intent is to allow the city to regulate more than one MFV at a time on private property to protect adjacent private property and to ensure that these uses do not generate litter, create unsafe pedestrian crossings, and create a need for additional law enforcement. The Planning Commission held a workshop on a draft MFVV ordinance at its September 28, 2023, regular meeting. A member of the public indicated that it would be appropriate to modify MC Section 17.15.160 instead, and staff agreed. The Commission should review this report, proposed notice of exemption (attached), the draft modifications to MC Section
17.15.160 (attached), consider public testimony, and make a recommendation to the City Council regarding the proposed modifications.
Issues raised during September 28, 2023 Planning Commission meeting The commissioners raised the following issues regarding MFVV in Oroville:
1. Unfair business advantage to business owners with MFVV on their sites, they don’t pay property taxes on the restaurant use on their property. Property owners with constructed restaurants must pay property taxes on the property including structures, as well as paying water, sewer, and storm water runoff fees charged by the sewer and water purveyor. This is a fact that cannot be mitigated. The draft ordinance does not permit a MFVV to be created in the downtown area.
2. How to control MFVV clients’ access to the MFVV site. The proposed modifications includes development standards including the use of sawhorse or other temporary barriers to direct traffic into one point of ingress/egress to each MFVV on undeveloped sites. Traffic ingress and egress on existing developed properties is already controlled by curb, gutter, sidewalks, landscaping and driveways.
3. How many MFV would be allowed at each site. The Commission needs to make a recommendation as to whether a limit should be set on the number of MFVs for each permitted site.
4. Limiting business hours. The draft ordinance limits a MFVV to operating between 6 a.m. and 10 p.m.
5. Concentration of MFVV. The Commission did not voice interest in limiting the concentration of MFVV in the city limits, so staff removed this from the proposed modifications.
DISCUSSION
Section 17.16.150 regulates mobile food vendors, and currently provides little regulation of these uses to protect adjacent properties. Staff initiated ordinance changes to regulate more than one mobile food vendor at one location at one time.
Staff proposes calling this land use “mobile food vendor village” (MFVV). If approved, the city may receive applications for a MFVV in an office park or an existing developed or undeveloped lot. MFVVs are popular in other California communities, and if properly managed, can inject new energy into neighborhoods where they are located. It was 26 Item 3.
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3 necessary to draft comprehensive development standards that would accommodate any situation, whether it is two or twenty MFVs at one MFVV.
Developed properties typically have curbs, traffic aisles, and landscape areas which help to direct traffic within the property. It is important to provide traffic barriers on vacant properties to direct traffic onto and from the site. The city needs to prevent potentially unsafe traffic patterns onto and from an undeveloped site as clients access the MFVV through the use of temporary barriers such as sawhorses or construction traffic barricades. For example, vehicles must not attempt to access a MFVV within 25 feet of an intersection.
MFVs and MFVVs offer a quick and easy way to earn modest revenue on a property with no or little effort or expenditure by the property owner. It is important to have one entity responsible for maintaining the cleanliness and orderliness of each approved MFVV site. Mobile food vendors are mobile. They are in the business of selling food and beverages. The property owner is ultimately responsible for maintaining the property. Expecting various mobile food truck vendors to maintain the site can be problematic for city enforcement of the conditions of approval. Furthermore, the entity benefiting from the MFVV is the property owner. Therefore, the proposed modifications were drafted with the property owner as the responsible party for maintaining and operating each MFVV site. It is important that MFVV are not allowed to create litter, traffic, or dust nuisances in a neighborhood.
MFVV in the urban areas can become very popular monthly events, with multiple mobile food vendors and live music at one location. In case MFVVs become this popular in Oroville, there is a development standard in the ordinance which permits a 200 square foot area within the MFVV, or on adjacent property, to be occupied by live or amplified music while more than one MFV is at the MFVV site. Outdoor music is permitted consistent with the normally acceptable decibel levels outlined in the Noise and Safety Element of the Oroville General Plan, and may be permitted as determined by the conditions of approval.
Scott Bullard letters October 18, and November 7, 2023. This item was scheduled for a public hearing on October 26, 2023. Scott Bullard submitted a letter on October 18, 2023, with numerous comments from the September 28, 2023, Planning Commission workshop. The October 26 Planning Commission packet was to be finalized October 19 and distributed to the Planning Commission. This item was continued from the October 26, 2023, meeting to the November 16, 2023, Planning Commission meeting to allow time for staff to consider Mr. Bullard’s letter. Mr. Bullard submitted another letter on November 7, 2023, after he reviewed the draft staff report for the November 16 Planning Commission meeting.
Staff reviewed both letters and incorporated changes to the ordinance where the changes were in the best interests of the community.
27 Item 3.
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4 Number of vendors
Mr. Bullard requests that the number of MFVs constituting a MFVV at one location at one time be changed from two or more to four or more. Staff sees no compelling reason to change the definition of MFVV. If the number of MFVs constituting a MFVV is chosen, it can become difficult for code enforcement staff to respond to complaints that a MFVV exists on a property without city use permit approval as different MFVs can come and go as they please. It is simpler to define a MFVV as any number greater than one.
MFV parking surface
Mr. Bullard requested changes to the draft ordinance (November 7, 2023, letter) regarding required MFV vehicle parking surfaces. The draft ordinance allows a variety of surfaces for MFV to be parked as determined by the Zoning Administrator. Staff believes no changes are necessary to this section of the ordinance.
Signage
One of Mr. Bullard’s comments was regarding signage. He felt that the proposed ordinance was too restrictive. The public is familiar with the vibrant colors and signage used on mobile food vendor vehicles. Staff believes this is adequate signage for single MFVs at one location. Staff revised the draft ordinance to allow two A-frame signs for a MFVV as permitted in the City’s existing Sign ordinance.
Perceived Conflicting requirements for mobile food vendors/ambiguity.
The existing Municipal Code uses the term “mobile food vendor”. Staff saw no compelling reason to change the wording as requested by Mr. Bullard in his November 28 Item 3.
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5 7, 2023, letter. Staff used appropriate multiple terms (mobile food vendor, mobile food vending businesses, mobile food vendor village) in the ordinance because they have multiple definitions and uses. Staff proposes a definition of vending station for clarity.
Mobile food vehicle overnight storage
Mr. Bullard’s November 7, 2023, letter requests removal of language regarding the overnight storage of mobile food vendor vehicles. Staff reviewed the mobile food village ordinances from several cities and counties. The requirement to remove the mobile food vehicles from the site overnight is a common requirement in those ordinances, unless the mobile food vendor is vending on the same site as their commissary. Staff agrees that mobile food vehicle owners have a compelling reason to secure their vehicles from theft or vandalism. Staff recommends leaving the requirement that mobile food vendor vehicles be removed from the property unless they are located on the same property as their commissary.
Barriers
The intent of the proposed modifications is to create development standards for two or more MFV on one property whether the property is developed or undeveloped.
Developed properties typically have traffic control barriers such as parking aisles and spaces, and curbs, gutter, and sidewalk. Undeveloped properties typically have none of these features. In addition, the 10’ vehicle setback from the property line proposed by Mr. Bullard is incorporated into the proposed modifications before the Planning Commission this evening, staff continues to recommend temporary barriers whenever two or more MVF are parked on one property adjacent to the public rights-of-way and on adjacent property lines to protect the public (particularly pedestrians) from vehicles haphazardly entering or exiting the property, as well as confining the MFVV activity to the permitted property. MFVV are attractive to out of school children, and pedestrians as well as motoring traffic and the city is obligated to prevent the creation of public traffic hazards.
Furthermore, some potential applicants have stated that their patrons would be allowed to use the restroom facilities of adjacent businesses. If that statement is part of the use permit application, staff recommends that written authorization from the adjacent businesses and property owners should be provided with the application for a mobile food vendor village to verify this statement.
Health and Safety issues
The City may impose its own requirements as deemed necessary to protect public health, safety, and welfare. Other public agencies which permit MFVVs have imposed conditions regarding propane storage, handwashing stations, placement of fire extinguishers, etc. However, all references to health and safety items such as handwashing stations, fire extinguishers, propane storage and the prohibition of drinking straws and polystyrene foam containers contained in the previous draft ordinance have been eliminated from the attached ordinance as they are covered by existing County and State regulations.
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6 FISCAL IMPACT
None. Any approved mobile food vendor village will be subject to all customary application fees.
PUBLIC NOTICE
The meeting date, time, and project description were published in the Oroville Mercury Register and posted at City Hall.
RECOMMENDATION: That the Planning Commission adopt/modify Resolution P2023-21, based on the findings in that resolution, and forward their recommendation to the City Council for action.
ATTACHMENTS
1. Resolution P2023-21
2. Notice of Exemption (CEQA)
3. Draft changes to Section 17.16.150
4. Letter from Scott Hubbard dated October 18, 2023
5. Letter from Scott Hubbard dated November 7, 2023
30 Item 3.
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P23-21 Page 1 of 2
ATTACHMENT 1
CITY OF OROVILLE
PLANNING COMMISSION RESOLUTION NO. P23-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF OROVILLE, CALIFORNIA, recommending to the City of Oroville City Council modifications to Municipal Code Section 17.15.160 regarding mobile food vendors.
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.
FINDINGS:
1. The draft ordinance is categorically exempt from the California Environmental Quality Act pursuant to Section 15303(a), New Construction or Conversion of Small Structures, Title 14, CCR, §15303. The proposed modifications to Section
17.16.150 of the City of Oroville Municipal Code do not involve new structures per se; they improve regulations for the use of multiple food trucks and possibly metal storage containers for use connected to a mobile food vendor village on individual parcels as approved.
2. The proposed development standards contained in the draft ordinance will protect public safety through development standards to direct pedestrians to safe ingress and egress points, and to prevent traffic nuisances with safe ingress and egress points.
3. The proposed standards contained in the draft ordinance will protect the adjacent properties from litter, noise, and dust.
4. The proposed mobile food vendor villages will be consistent with the underlying commercial and industrial zone districts in which they will be located. 31 Item 3.
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P23-21 Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows:
Section 1. That the Planning Commission recommends the City Council adoption of a Notice of Exemption pursuant to Section 15303(a), New Construction or Conversion of Small Structures, Title 14, CCR, §15303.
The proposed modifications to Municipal Code Section 17.16.150 do not involve new structures per se; the changes address the use of multiple food trucks and possibly metal storage containers for use connected to a mobile food vendor village on individual parcels as approved.
Section 2. The Planning Commission recommends that the City Council adopt the proposed modifications to Municipal Code Section 17.16.150 which primarily expand development standards for multiple food vendors at one location.
Section 3. The undersigned shall attest to the adoption of this Resolution.
PASSED AND ADOPTED by the Planning Commission of the City of Oroville at a regular meeting on November 16, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Carl Durling, Chairperson
ATTEST:
Patrick Piatt, Director of Community
Development
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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 33 Item 3.
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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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City of Oroville Draft MFV Village Ordinance – November 8, 2023 Proposed changes to Sec�on 17.16.150 Atachment No. 3
17.16.150 Mobile food vending
A. Purpose. The purpose of these regula�ons is to promote the health, safety, comfort, convenience, prosperity and general welfare by requiring that new and exis�ng mobile food vendors provide the community and customers with a minimum level of cleanliness, quality and security. These regula�ons differen�ate the difference between a single mobile food vendor at one loca�on, and mul�ple mobile food vendors at one loca�on.
Single mobile vendors may be permited to operate by administra�ve 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 regula�ons.
Mobile food vending villages may be permited to operate by Minor Condi�onal 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 regula�ons. Mobile food vending villages on city owned property other than public rights-of-way are exempt from the requirement for a Minor Condi�onal Use Permit but must comply with the same regula�ons as mobile food vending villages contained in this Sec�on.
B. Defini�ons. 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 �me. Vending sta�ons 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 loca�on shall be required to obtain an administra�ve permit as provided in this chapter. The permit applica�on shall include the authoriza�on of each property owner where the mobile food vendor intends to vend.
2. Minor Condi�onal Use Permit. Mobile food vending villages shall require the approval of a Minor Condi�onal Use Permit (MCUP). The approval shall be specific to a loca�on and shall not be transferable to other loca�ons or operators. The permit applica�on shall include the authoriza�on of each property owner where the mobile food vendor intends to vend. Opera�on of a mobile food vending village shall not be permited pursuant to California Senate Bill No. 946, as specified in Government Code Sec�ons 51036 – 51039, Sidewalk Vendors.
3. Business Tax Cer�ficate. Every mobile food vendor shall obtain a Business Tax Cer�ficate prior to opera�on.
4. Bute County Environmental Health. A valid permit from the Bute County Environmental Health Department is required and shall be displayed at the mobile food vending vehicle. 35 Item 3.
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City of Oroville Draft MFV Village Ordinance – November 8, 2023
5. Building Division and Fire Department. All necessary permits and approvals from the Building Division and the Fire Department shall be obtained prior to opera�on of a mobile food vending village.
6. Permit and license display. At all �mes while vending, a valid business license shall be displayed at the mobile food vending vehicle.
D. Loca�on and hours of opera�on.
1. Loca�on. No mobile food vendor village shall be located within 300 feet of any residen�al use or as determined by the Minor Use Permit.
2. Hours. Hours of opera�on 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 condi�ons 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 en�rely 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 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 circula�on on the subject site.
3. Applica�ons for mobile food vending villages shall include the loca�on and descrip�on of any proposed outdoor dining area, including tables, chairs, and shade structures.
4. If the proposed loca�on 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 condi�ons 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 guters.
6. No temporary or permanent chairs, tables, shade structures or other site furniture is permited except as specified in the Mobile Food Vendor Village Minor Condi�onal Use permit condi�ons of approval. Shade structures may require prior approval from the Fire Department dependent on shade structure size and materials. 36 Item 3.
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City of Oroville Draft MFV Village Ordinance – November 8, 2023
7. Individual mobile food vendors within a mobile food vendor village shall maintain their immediate sales loca�on in a clean and hazard-free condi�on.
8. Single mobile food vendors shall keep the subject property and adjacent right-of-way free of liter 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 Bute County Environmental Health Department. No garbage, recycling, and compost containers will be permited to remain on-site 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 connec�on with the promo�on of a vending opera�on.
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 permited a maximum 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. A�er the permited hours of opera�on, 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. Op�onal on-site storage structures may be permited as condi�oned within the Minor Condi�onal Use permit. All structures shall be placed on a concrete founda�on. 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 condi�ons of approval of the MCUP. Any graffi� painted on the storage container shall be repainted with the base wall color within forty-eight (48) hours’ no�ce 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 discon�nues 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 opera�on of the business.
18. To prevent the ac�vi�es of the mobile food vendor village from intruding onto the public street or adjacent proper�es, the property lines shall be demarcated by a permanent or temporary barrier determined by the City based on the loca�on of the proposed mobile 37 Item 3.
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City of Oroville Draft MFV Village Ordinance – November 8, 2023 food vendor village. This barrier shall be installed and maintained by the property owner.
Failure to maintain the barrier shall be reason for revoca�on of the MCUP if the property owner fails to remedy the barrier condi�on within fourteen (14) days of receiving writen no�ce from the city to repair/replace the designated barrier.
G. Revoca�on The MCUP may be modified or revoked by the Zoning Administrator, pursuant to Oroville Municipal Code Sec�on 17.40.020.C should the Zoning Administrator determine that: 1) the use or condi�ons 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 cons�tute a public nuisance; or 3) the use is operated in viola�on of the condi�ons of the CUP. The Planning Commission may revoke the condi�onal use permit if the Commission was the ac�ng body for the condi�onal use permit.
H. Approvals. All City issued mobile food vendor permits (administra�ve, ministerial, or condi�onal use permit approval) issued a�er the effec�ve date of this ordinance shall be valid for a period of one year from the date of approval. Any exis�ng City issued mobile food vendor permits as of the date this ordinance becomes effec�ve shall expire 180 days a�er the date of the effec�ve date of this ordinance.
All mobile food vendors must apply for a new mobile food vendor permit within 180 days of the effec�ve date of this ordinance and comply with all regula�ons in this Sec�on. 38 Item 3.
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H
A Professional Corporation
UBBARD
12 Williamsburg Lane ۰ Chico ۰ California ۰ 95926 ۰ (530) 895 - 3252 October 18, 2023
via electronic mail only
[email protected]
Oroville Planning Commission
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
c/o Wes Ervin, Principal Planner
RE: (Draft) Mobile Food Vending Villages Ordinance
Greetings:
On September 26, 2023, the Oroville Planning Commission invited a written response to the proposed ordinance. By way of the instant missive, we are accepting that invitation. Upon review, the Commission will see that we’ve made three overarching recommendations:
First, we replaced the term mobile food truck village with designate site; and opened the application process to everyone. Specifically, designated sites are simply properties (pre-approved by the City) that allow additional benefits to mobile food vendors – e.g., expanded hours, on-site storage, use of tables and chairs. While property owners with four or more mobile food vendors on a site are required to apply for “designated” status, owners with three or less may also do so.
Second, we extrapolated requirements from the proposed ordinance, which applied to mobile food vendors regardless of where they are located, and incorporated them (those requirements) into the existing one. In essence, creating two proposed ordinance – one focused solely on mobile food vendors, the other on designated sites.
Finally, we brought the proposed ordinance in-line with existing city and county standards.
All of these issues are discussed in greater detail below. Please feel free to contact me if you have any question or wish to discuss this matter further.
Kindest regards,
HUBBARD,APC
/
Scottlynn J Hubbard
Attachment No. 4
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HUBBARD
A Professional Corporation
12 Williamsburg Lane ۰ Chico ۰ California ۰ 95926 ۰ (530) 895 - 3252 cc (email only):
Josh Hubbard, [email protected]
Brian Ring, City Administrator, [email protected] Scott Huber, City Attorney, [email protected] 40 Item 3.
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HUBBARD
A Professional Corporation
12 Williamsburg Lane ۰ Chico ۰ California ۰ 95926 ۰ (530) 895 - 3252
ANALYSIS
Conflicting requirements for mobile food vendors. One of the biggest issues of the proposed ordinance (OMC § 17.16.160) is that it creates different standards for mobile food vendors depending their location. By way of example, mobile food vendors at a designated vending site cannot use polystyrene and drinking straws, but all other vendors can. In another example, vendors at a designated site must obtain a hazardous materials permit if their propane tank exceeds 10-gallons, yet, no such requirement exists for other vendors. In still another example, vendors at a designated site cannot play music, while all other vendors can. Two different standards thus exist for the same vendors and therein lies the rub of the proposed ordinance. If a standard is worth adopting, then it should be applied with equal force to all mobile food trucks – not just those located at designated sites. There are, of course, exceptions to this rule, e.g., when tables and chairs are permitted, but they (the exceptions) should be narrowly tailored and always run with the site. We would recommend a single standard for mobile food vendors (regardless of location) and use § 17.16.160 to carve out exceptions for vendors on designated sites.1 Ambiguity, (§ D.2). Consistency may be the hobgoblin of little minds, but its invaluable for statutory construction. The proposed ordinance, however, vacillates when identifying multivendor food sites, using the terms mobile food vending villages¸ (§ B); mobile food facility, (§ C.1); and mobile food vending location, (§ D.2) interchangeably. Similarly, the proposed ordinance uses multiple terms for food vendors, including mobile food vendor, (§ E.10); mobile vendor, (§ E.6); mobile food vending vehicle, (§ B); and mobile food vending businesses, (§ D.3).
To avoid confusion, we recommend amending the new ordinance to use a single term, designated site, for the former; and another, mobile food vendor, for the latter.2 Hours of Operation, (§ D.3). Hours of operation for mobile food vendors are be between 7:00 a.m. and 10:00 p.m. As explained during the hearing, however, there are instances where expanding the hours of operation are consistent with surrounding community’s activities. For example, Home Depot opens at 6:00 a.m. but mobile vendors outside of the store cannot sell until 7:00 a.m. We recommend permitting operations at designated sites upon an affirmative showing by the property owner that such operations are consistent with surrounding community’s activities.
1 Suggested changes to bifurcate the proposed ordinance are attached to this response. 2 Long term, the City should consider replacing the term, mobile food vendor, with¸ mobile food facility, which is consistent with both county regulations and California law. See, e.g., Calif. Health & Safety Code § 113831(a) (“‘Mobile Food Facility’ [] means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. ‘Mobile food facility’ does not include a ‘transporter’ used to transport packaged food from a food facility, or other approved source to the consumer.”). 41 Item 3.
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HUBBARD
A Professional Corporation
12 Williamsburg Lane ۰ Chico ۰ Cal ifornia ۰ 95926 ۰ (530) 895 - 3252 Paving, (§ E.2). The proposed ordinance also requires that designated sites be entirely paved.
But paving isn’t the only way to drain surface-water and prevent soil erosion. Gravel and road base perform the same function at a fraction of the cost. More importantly, they don’t trap heat and are friendlier to the environment. For that reason, we’d ask the Commission to expand this ordinance to include other mediums.
No Polystyrene Foam / No Drinking Straws, (§ E.4). Polystyrene and drinking straws are also banned under the proposed ordinances. We believe both bans should be removed. Dealing with each element seriatim, polystyrene is neither illegal in Butte County nor has Oroville taken affirmative steps to eliminate it. Nevertheless, the proposed ordinance bans mobile food vendors at designated sites (and only vendors at those sites) from using polystyrene containers. No other food facilities are affected. Similarly, Assembly Bill (AB) 1884 prohibits full-service restaurants in California from providing single-use plastic straws unless requested by the consumers. 3 Again, the law doesn’t bar drinking straws – it just prohibits restaurants from handing them out automatically. Nevertheless, like polystyrene, mobile food vendors at designated sites (and only those vendors) are prohibited from offering drinking straws to customers. While there may indeed be a valid reason for banning polystyrene and drinking straws in Oroville, it should be applied with equal force to everyone. We would thus recommend eliminating the ban, or expanding it to all food providers.
Handwashing Stations / Public Toilets, (§ E.8). Property owners are required to install (and maintain) portable handwashing stations and public toilets on the site under the proposed ordinance. By and large, this ordinance mirrors a similar requirement by the County.4 Where the two regulations diverge, however, is that the proposed ordinance prohibits the use of restroom facilities already secured by vendors “within proximity” of the site. We suggest removing this distinction. The purpose behind the proposed ordinance is to eliminate pedestrian traffic across arterial streets; and avoid off-site managers arbitrarily denying use of their facilities. Yet, mobile food vendors have secured handwashing stations and public restrooms under the County’s requirement for over a decade without incident. We would thus recommend striking this provision in its entirety or, in the alternative, amending the ordinance to mirror county requirements.
3 Stat. 2018, Chap. 576 (AB 1884), § 1.
4 County of Butte, Mobile Food Facility Informational Packet, p.3 (May 16, 2023) (“Facility [must be] located within 200 feet of available toilet and hand washing facilities.”). 42 Item 3.
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HUBBARD
A Professional Corporation
12 Williamsburg Lane ۰ Chico ۰ California ۰ 95926 ۰ (530) 895 - 3252 Fire extinguishers, (§ E.11). Mobile vendors cooking food are required to maintain a workingfire extinguishers under the proposed ordinance. But Butte County already requires that mobile food vendors have fire extinguishers.5
Nothing is gained by repeating that requirement here and, worse, such repetition risks generating conflicting standards and enforcement. Ergo, we would recommend striking this provision in its entirety or, in the alternative, amending the ordinance to mirror county requirements.
Storage, (§§ E.13 & E.14). While we are not opposed to storage containers on a designated site, they would not be our first choice for a secure location. As such, we request the proposed ordinance be amended to reflect that nothing within that section prohibits other methods to secure property on-site.
Propane Gas, (§ E.16). Mobile food vendors on a designated site are also required to obtain a hazardous materials permit when using or storing quantities of liquid propane gas equal to or exceed ten (10) gallons for their business. This requirement is also problematic, as the State of California Division of Occupational Safety and Health exercises sole jurisdiction over propane tanks, which includes the storage and handling of liquid gas;6 and the Division doesn’t issue permits for tanks below 125 gallons that are maintained in accordance with DOT regulations. 7 And while the Mobile Food Facility Permit Application does inquire as to whether propane will be used to supply power, that is the extent of Butte County’s permitting process on the issue.8 In other words, there is no permit to obtain and no process to obtain it. It is for these reasons we suggest removing the hazardous materials permit requirement from the final ordinance.
Property Barrier, (§ E.18). The proposed ordinance also requires a demarcated barrier – determined by the City and installed by the property owner – to prevent “activities” at the designated site from intruding onto the public street or adjacent properties. We disagree.
Barrier-free access is a hallmark of any public marketplace. Again, by way of example, farmers markets would be far less attractive if they were surrounded by a permanent fence to prevent those activities – i.e., selling food and goods to the general public – from intruding upon the surrounding streets. We would instead recommend a designed setback, e.g., 10 to 15 feet from the edge of the street to the property – which would allow pedestrian traffic, preserve the integrity of the surrounding public areas, and still create an inviting atmosphere for customers. 5 Id. at p.5 (May 16, 2023) (“Minimum 10BC fire extinguisher provided for heating and cooking equipment. … Fire extinguishing capacity is rated in accordance with ANSI/UL 711: Rating and Fire Testing of Fire Extinguishers. The ratings are described using numbers preceding the class letter. The number preceding the B indicates the size of fire in square feet that an ordinary user should be able to extinguish. The letter C indicates that the extinguishing agent will not conduct electricity.”).
6 Calif. Code. Reg., Titl 8, §§ 450 et seq.
7 Id. at § 470(a).
8 https://www.buttecounty.net/DocumentCenter/View/3765/Mobile-Food-FacilityApplication-PDF?bidId= (last viewed Oct. 6, 2023). 43 Item 3.
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PROPOSED ORDINANCE
17.16.150 Mobile food vending.
A. Purpose. The purpose of these ordinances 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. Definition. “Mobile food vendor” is defined as any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail; and is consistent with “mobile food facility,” as defined by Calif. Health & Safety Code § 113831.
C. Permit Required.
1. Administrative Permit. Mobile food vendors shall 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 operate.
2. Business Tax Certificate. Every mobile food vendor shall obtain a Business Tax Certificate prior to operation.
3. Butte County Environmental Health. A valid permit from the Butte County Environmental Health Department is required and shall be displayed at all times.
4. Permit and license display. A valid business license is required and shall be displayed at all times.
D. Location.
1. Mobile food vendors shall be conducted entirely upon private property and visible from the street.
2. Mobile food vendors shall not: operate in parking spaces required to meet minimum parking requirements for any other business; block any parking required to adequately serve other businesses, or any driveways or aisles for vehicular circulation; or encroach on a public sidewalk, curb or right-of way.
E. Condition of Vending Station.
1. The vending station shall be maintained in operating condition at all times.
2. No mobile food vendor shall sell alcoholic beverages, non-food items, cannabis products, or illegal drugs.
3. No permanent foundation (or other feature that would constitute an improvement to real property) is permitted, except when the mobile food vendor is located on a designated site, as define by this chapter.
4. Mobile food vendors who use, play, or employ any sound outcry, amplifier, loudspeaker, music, or any other instrument or device to promote operations shall do so in a manner consistent with the Noise and Safety Element of the Oroville General Plan. 44 Item 3.
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5. All signage shall be located on the vending equipment, except when the vendor is located on a designated site, as define by this chapter.
F. Condition of Site.
1. Mobile food vendors shall maintain their immediate sales location in a clean and hazard free condition.
2. No chairs, tables, fences or other site furniture, including permanent and temporary furniture, shall be permitted in conjunction with mobile food vendor, except when the vendor is located on a designated site, as define by this chapter.
3. After permitted hours of operation, all equipment and trash containers shall be stored off-site or within an approved on-site structure.
G. 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.
4. The vending station shall not discharge any materials onto the sidewalk, gutter or storm drains.
H. Hours of Operation. The mobile food vendor’s operations shall not be conducted before 7:00 a.m. or after 10:00 p.m.
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17.16.155 Designated mobile food vending site.
A. Definition. “Designated site” is defined as private property approved by the City to allow one or more mobile food vendor(s) to sell goods for more than one hour at a time.
B. Permit Required. Designated sites shall obtain a Minor Conditional Use Permit (MCUP), as provided in this chapter, if the property is used by four or more mobile food vendors.
Applications shall include the location and description of any proposed outdoor dining area, including tables, chairs, and shade structures. The permitted number of mobile food vendors within each MCUP will be determined in the MCUP. This approval shall be specific to a location and shall not be transferable to other locations or operators. All necessary permits and approvals from the Building Division and the Fire Department shall be obtained prior to operation. Property owners with three or fewer vendors at a site may, but are not required to, obtain a permit under this section.
C. Location.
1. Designated sites may be permitted to operate 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), and Airport Business Park (ABP) zoning districts.
2. No designated site shall locate within 300 feet of any residential use (or as determined by the Minor Use Permit); or within 200 feet of another approved designated site, as measured between the mobile food vendors.
3. No designated site shall be permitted on public property under this Section and California Senate Bill No. 946, as specified in Government Code Sections 51036 – 51039, Sidewalk Vendors. This prohibition extends to public rights of way.
4. All mobile food vendors at a designated site shall maintain a 10-foot minimum setback from the edge of the property.
D. Condition of Site.
1. Exterior storage of refuse, equipment or materials associated with the mobile food vendor is are prohibited, except as provided by this section.
2. Chairs, tables, fences or other site furniture, including permanent and temporary furniture, are permitted in conjunction with mobile food vending, subject to MCUP approval.
3. Mobile food vendors may place signs on designated sites, subject to the requirements of Chapter 17.20, Signs, and written approval of the site’s property owner(s). 46 Item 3.
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4. The designated site must be improved to allow surface-water drainage and prevent soil erosion.
E. Storage. 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 be always 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. Nothing in this section shall prevent a property owner from requesting an alternative storage or other enclosed structure on site.
F. Hours of Operation. The designated site’s operations shall not be conducted before 7:00 a.m. or after 10:00 p.m. Operations may be conducted beyond those hours, upon an affirmative showing by the property owner that such operations are consistent with surrounding community’s activities.
47 Item 3.
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H
A Professional Corporation
UBBARD
12 Williamsburg Lane ۰ Chico ۰ California ۰ 95926 ۰ (530) 895 - 3252 November 7, 2023
via electronic mail only
[email protected]
Oroville Planning Commission
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
c/o Wes Ervin, Principal Planner
RE: Proposed changes to Section 17.16.150
Greetings:
Thank you for the (revised) changes to OMC § 17.16.150, dated November 6, 2023. As promised, our written response is attached below.
Defined Terms, (§ B). As a preliminary matter, if the Planning Commission is considering a wholesale rewrite of § 17.16.150, we would suggest changing the term, mobile food vendor, to, mobile food facility, so as to bring it (the term) in-line with state law and county regulations.1 This change would eliminate any ambiguity and allow the reader to determine whether the code is applicable.
Number of Vendors, (§ B). The new ordinance defines, mobile food vending villages, as more than one mobile food vending vehicle parked on a private property for more than one hour at a time. We believe that definition is too broad. Two trucks are not a village. In fact, there are properties in the city successfully operate three trucks without disrupting the surrounding businesses. Our original recommendation was that villages are mandatory for four or more vendors; and optional for three or less. We maintain that recommendation.2 1 See, e.g., Calif. Health & Safety Code § 113831(a), and County of Butte, Mobile Food Facility Informational Packet (May 16, 2023)
2 We also renew our suggestion that the Planning Commission adopt the term, designated site, instead of mobile food vending villages.
Attachment 5
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HUBBARD
A Professional Corporation
12 Williamsburg Lane ۰ Chico ۰ California ۰ 95926 ۰ (530) 895 - 3252 Paved or Chip-sealing, (§ F.4). The new ordinance requires that unimproved property be paved if a mobile food vendor will be parked upon it (although the zoning administrator may approve other hard surfaces).3 Speaking from experience, we would ask the Commission to reconsider this requirement. During the California State Fair, our trailers were located on pavement and pavement absorbs heat. That heat all but eliminated foot traffic at the fair and made working within the trailer unbearable. By requiring all mobile food vendors pave their locations, the ordinance will create those same unbearable working conditions and dissuade customers from visiting their facilities.
4 It also dissuades mobile vendors from locating in areas that already underserved – i.e., rural areas without commercial development. And while there may indeed be a need for ground cover (e.g., gravel, road base) in some locations, making pavement the default standard for all locations strikes us as ill-advised and, for these reasons, we maintain our opposition to this standard.
Signage, (§ F.13). The new ordinance requires that all signage be located on the vending equipment and comply with the requirements of Chapter 17.20 of the City of Oroville Municipal Code (Signs). Time constraints preclude me from conducting an in-depth analysis on this language. At first blush, while requiring signage to comply with the Chapter 17.20 seems permissible, prohibiting property owners from placing signs on private property – i.e., promoting the village and vendors located thereon, strikes us as a First Amendment violation. We would recommend you carve out an exception on that ground.
Mobile Vehicle Removal, (§ F.15). Finally, the proposed ordinance requires that mobile vehicles be stored off-site (or within an approved, enclosed structure on-site) after the permitted hours of operation. We recommend eliminating this requirement. Unless the site contains a designated commissary, the mobile food vendor is already required to remove the vehicle under county regulations.5
Furthermore, in those instances where a commissary is on-site, the onus falls onto the vendor to ensure that their vehicle is secured. Phrased somewhat differently, inside or out, ordinance or not, it is the vendor’s responsibility to protect their vehicle from break-ins. And it is for this reason that we recommend removing the section. 3 The proposed ordinance allows for pavement or chip-sealing. Because our analysis applies with equal force to either, we will apply the singular term, pavement, when referring to both. 4 We are prepared to offer testimony from third-party vendors, who will confirm that they are forced to close during the summer because the heat radiating from the pavement creates an unsafe working environment.
5 County of Butte, Mobile Food Facility Informational Packet, p.4 (May 16, 2023) (“Operational Requirements -- Report to an approved Commissary each operating day.”) 49 Item 3.
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12 Williamsburg Lane ۰ Chico ۰ California ۰ 95926 ۰ (530) 895 - 3252 Property Barrier, (§ F.18). The proposed ordinance continues to require a demarcated barrier to prevent activities from intruding onto the public street or adjacent properties. And, again, we recommend removing that language.
6 Setting aside the fact that barrier-free access is a hallmark of any public marketplace, demarcated barriers surrounding the property are cost prohibited in large parcels, such as shopping centers with multiple property owners sharing common areas.
Furthermore, the boundary of the village is already defined by a 10-foot setback (§ F.5). Adding a physical barrier not only creates a “belt and suspenders” solution to the boundary problem, but makes it more difficult (and needlessly so) for customers to access the trailers in a business model where ease of access is key. It is for these reasons that we maintain our objection to this standard.
Kindest regards,
HUBBARD,APC
/
Scottlynn J Hubbard
cc (email only):
Josh Hubbard, [email protected]
Brian Ring, City Administrator, [email protected] Scott Huber, City Attorney, [email protected] 6 Our original response dated October 18, 2023, stated:
Property Barrier, (§ E.18). The proposed ordinance also requires a demarcated barrier – determined by the City and installed by the property owner – to prevent “activities” at the designated site from intruding onto the public street or adjacent properties. We disagree.
Barrier-free access is a hallmark of any public marketplace. Again, by way of example, farmers markets would be far less attractive if they were surrounded by a permanent fence to prevent those activities – i.e., selling food and goods to the general public – from intruding upon the surrounding streets. We would instead recommend a designed setback, e.g., 10 to 15 feet from the edge of the street to the property – which would allow pedestrian traffic, preserve the integrity of the surrounding public areas, and still create an inviting atmosphere for customers.
Op.cit (bold omitted) (underline added) (italics in original). 50 Item 3.
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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. 266
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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. 267
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