"Police Station" means any facility where police vehicles and other equipment of the City Police Department are housed.
"Reduced sink, water tank and water heating requirements" means that if a compact mobile food operation is not handling raw meat on site, the sidewalk vendor is exempt from the three -compartment ware washing sink requirement, allowing the operator to carry spare utensils as an alternative. Also, the operator is exempt from the requirement of having a water heater, which therefore allows these small facilities to operate with a smaller integral water tank.
"Reduced Testing Requirements" means a food handler's card from the County Health Department required for operation of a compact mobile food operation, otherwise known as the standard food safety knowledge requirement for restaurant employee and other workers in the food retail industry. In most cases, the food handler's card can be obtained on-line.
"Residential Zone" means any area zoned or used exclusively as residential in the City of Placentia. This includes the public sidewalk of residential streets, directly adjacent to residential zoning.
"Roaming Sidewalk Vendor" means a Sidewalk Vendor who moves from place -to -place and stops only to complete a transaction.
"Service" is any form of labor that does not require the transfer of tangible personal property, such as food, merchandise, and goods.
"Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings, or other delineation specifically designed for pedestrian travel and that is owned by the City or other public entity, excluding any Parkway. "Sidewalk Vendor" or "Vendor" means a person(s) who sells Food or Merchandise from a Cart, compact mobile food operation or from one's person, upon a Sidewalk, Pathway or Park.
"Sidewalk Vendor Activities" or "Sidewalk Vending Activity" means actions that qualify a person as a Sidewalk Vendor or actions done in anticipation of becoming a Sidewalk Vendor such as, but not limited to, placement, or maintenance of any Cart. "Standard Plan Pre -Approval" means standardized blueprints for vending carts, stands, racks, and other facilities designed for use as a compact mobile food facility, that have been pre -approved by the County Health Department.
"Stationary Sidewalk Vendor" means a sidewalk vendor who vends from a fixed location. "Special Event" means any event permitted pursuant to Section 23.81.015 (Special Events) of the Placentia Municipal Code.
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"Swap Meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that Chapter, or any successor Chapter. "Vend" or "Vending" means the sale or offering for sale of any goods or merchandise to the public from either a sidewalk vendor or a vehicle (food truck). "Vending Cart" means a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, compact mobile food operation or other non -motorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code.
8.10.030 Sidewalk Vendor Permit Required
A. No Person, either for themselves or any other Person, shall engage in any Sidewalk Vendor Activities within the City without first applying for and receiving a Sidewalk Vendor Permit from the Development Services Director. Each person engaged in sidewalk vending shall have a permit notwithstanding that another Person with a permit may own the sidewalk vending cart.
B. A written application for a Sidewalk Vendor Permit shall be filed with the Development Services Director on a form provided by the City. Such application shall be accompanied by a nonrefundable application fee in such amount as established by Resolution of the City Council. Any such permit shall be required to be renewed annually in conjunction with the Business License and a separate nonrefundable application fee paid annually for such renewal application. Sidewalk Vendor Permit(s) are non -transferable and any change in ownership or operation of Cart requires a new permit.
C. The written application shall include the following information:
1. An address where the applicant consents to receive service of process. An acceptable address for this purpose shall include a post office box or private mailbox that complies with paragraph (2) of subdivision (b) of Business & Professions Code Section 17538.5.
2. A schedule of the applicant's proposed hours of operation, items of sale, area/locations of operation and whether applicant intends to operate as a stationary or roaming sidewalk vendor.
3. The number and description or photograph of all vending equipment, (including evidence of County Department of Health approval of such equipment, if required), information identifying the approved kitchens for food preparation and location where cart will be stored pursuant to Section 8.10.100, and signs, or other means of advertisement proposed to be used.
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4. For all Food vending applications, evidence of a permit from the County Health Department for the sale of food or beverages, as may be required. A County Health Permit may not be required in certain circumstances for sidewalk vendors and other compact mobile food, whose operations are less than 25 square feet or less of display area that sells only bagged snacks, cans of soda, bottled water, whole fruits and vegetables, canned goods that do not need to be refrigerated, and other similar foods.
However, a food handler's card is required. (Reduced Testing Requirements).
5. Evidence of Commercial General Liability Insurance and an acknowledgement that the sidewalk vendor will maintain this insurance throughout the duration of any sidewalk vendor permit issued under this Chapter. Such General Liability Insurance shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Vendor agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) day written notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal for each required coverage.
6. Copy of a United States or California State issued identification with photo identification, and taxpayer identification number.
7. A California seller's permit number pursuant to Section 6067 of the Revenue and Taxation Code that designates "City of Placentia" as a location or sublocation.
8. An agreement by the sidewalk vendor to defend, indemnity, release and hold harmless the city, its city council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor's sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the city, if any, costs of suit, attorney's fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, city, and/or the parties initiating or bring such proceeding.
9. An acknowledgement that use of public property is at the sidewalk vendor's own risk, and the city does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities.
10. Any other relevant information required by the Director, or the Director's designee.
8.10.035 Exceptions to Requirement of Sidewalk Vendor Permit The provisions of this Chapter shall not be applicable to or deemed to prohibit:
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A. The vending of lemonade by minors under the age of 16, from stands in front of their residence.
B. The vending of girl scout cookies in the city in neighborhoods to support the Girl Scouts, a non-profit charitable organization.
8.10.040 Issuance of Permit
A. The Development Services Director will issue the Sidewalk Vendor Permit if they find, based on all of the relevant information, that:
1. The conduct of the Sidewalk Vendor will not unduly interfere with traffic or pedestrian movement, or endanger the public health, safety or general welfare or encourage loitering.
2. The conduct of the Sidewalk Vendor will not unduly interfere with normal governmental, public safety, or City operations, result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the Sidewalk Vendor.
3. The conduct of such Sidewalk Vending Activity will not constitute a fire hazard.
4. The Sidewalk Vendor has paid all previous administrative fines, completed all community service, and completed any other alternative disposition associated in any way with a previous violation of this Chapter.
5. The Sidewalk Vendor has not had an individual or business permit or license with any agency, board, city, county, territory, or state denied, revoked, restricted, or suspended within the last five years.
6. The Sidewalk Vendor application contains all required information, and the Sidewalk Vendor has not made a materially false, misleading, or fraudulent statement of fact to the City in the application process.
7. The Sidewalk Vendor has paid the Business License Tax pursuant to Placentia Municipal Code section 6.04.030 and produced evidence of a California Seller's permit.
8. The Sidewalk Vendor's Cart and proposed Activities conform to the requirements of this Chapter.
9. The Sidewalk Vendor has provided adequate insurance to protect the City from liability associated with Sidewalk Vendor Activities, as determined by the City Risk Manager.
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10. The Sidewalk Vendor has not been convicted of any misdemeanor, which is sexual in nature or involving moral turpitude or of any felony within five years of the date of application submittal.
11. The Sidewalk Vendor has satisfied all requirements of this Chapter.
8.10.050 Denial of Sidewalk Vendor Permit
A. If the Development Services Director finds that the requirements set forth in Section 8.06.040 have not been met, he or she shall deny the application for the Sidewalk Vendor Permit. The Development Services Director shall provide written notice of such denial specifying the ground or grounds of such denial. Notice of denial of the application for the Permit shall be deemed to have been served upon the date it is personally served on the applicant or three days following the date the notice is deposited in the United States mail with postage prepaid and addressed to the Sidewalk Vendor at the residence address set forth in the application for the Permit.
B. No Person whose permit is denied shall be eligible to apply for a new Sidewalk Vendor Permit for a period of one year following such denial. The date of denial shall be the expiration of the appeal period.
8.10.060 Revocation of Sidewalk Vendor Permit
A. Any Sidewalk Vendor Permit may be revoked by the Development Services Director for good cause shown including but not limited to any of the following reasons:
1. Falsification of any information supplied by the Sidewalk Vendor upon which issuance of the Permit was based.
2. Failure of the permittee, or any employees or subcontractors of the permittee, to comply with the regulations set forth in this Chapter or the requirements of the California Retail Food Code (Health & Safety Code).
3. A threat or harm to public health, safety or welfare resulting from Sidewalk Vending Activity of the permittee, including but not limited to County Health Department citations/complaints due to food borne illness stemming from sidewalk vendor and failure to comply with the California Retail Food Code (Health & Safety Code).
4. Upon a fourth violation or a subsequent violation of any requirement of this Chapter.
B. Notice of Intent to Revoke a Sidewalk Vending Permit, with any and all specific grounds for revocation, shall be served in writing not less than 30 calendar days before revocation to the address listed in the application or to any subsequent address provided to the City by the permittee. The Notice shall include a date, time, and address for a hearing before the Development Services Director where the Sidewalk Vendor Permittee shall have the opportunity to present evidence as to why their permit should not be revoked.
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C. No Sidewalk Vendor whose permit is revoked shall be eligible to apply for a new permit until the expiration of the term of the rescinded permit.
8.10.070 Appeal Process
A. Any Person whose application for a Sidewalk Vendor Permit has been denied or revoked may appeal such decision by filing a written notice of appeal with the City Clerk within 10 days following the date of service of the decision and payment of the appeal fee, which fee shall be established by resolution of the City Council. The date of filing shall be the date the City Clerk receives the notice and appeal fee. The notice of appeal shall fully set forth the grounds upon which the appeal is based.
B. Upon receipt of a timely appeal, a Hearing Officer shall hear such appeal within 20 days following the date of filing such appeal and shall give the appellant not less than five days advance notice of the date of such hearing. The decision of the Hearing Officer shall be based upon the criteria set forth in this Chapter. The appellant shall be notified of the decision of the Hearing Officer by mailed written notice. The decision of the Hearing Officer shall be final. No revocation or denial of a permit pursuant to this section shall be deemed final or effective during the pendency of a timely filed appeal until the date of mailing of the Hearing Officer's decision affirming such revocation or denial; provided, however, no permit holder shall operate during any period of time in which the insurance coverage required by this chapter is not in full force and effect.
8.10.080 Operating Conditions
Every Sidewalk Vendor is subject to the following operating conditions when conducting Sidewalk Vending Activities:
A. All Food and Merchandise shall be stored either inside or affixed to the Cart or carried by the Sidewalk Vendor. Food and Merchandise shall not be stored, placed, or kept on any public property. If affixed to the Cart, the overall space taken up by the Cart shall not exceed the size requirements provided in this Section.
B. The Business License, California Seller's Permit and Vendor Permit shall be displayed conspicuously at all times on the Cart or the Sidewalk Vendor. If multiple Sidewalk Vendors are staffing a Cart each Person shall obtain and wear his or her Vendor Permit on their Person in a conspicuous manner.
C. Sidewalk Vendors shall not leave their Cart unattended.
D. All signage and advertising related in any way to the Sidewalk Vendor shall be stored either inside or affixed to the Cart. Signage and advertising shall not be stored, placed, or kept on any public property. If affixed to the Cart, the overall space taken up by the Cart shall not exceed the size requirements provided in this Section. Signage shall also comply with the requirements set forth in Chapter 23 of the Placentia Municipal Code.
Sidewalk Vendors shall not use any electrical, flashing, wind powered, or animated sign.
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E. All Sidewalk Vendors shall allow a police officer, firefighter, code enforcement officer, health inspector, or other government official charged with enforcing laws related to Sidewalk Vendor Activities, at any time, to inspect their Carts for compliance with this Chapter.
F. Except as otherwise permitted under Federal, State, or local law or regulation, Carts and attachments thereto shall not exceed a total height of four feet, a total width of four feet, and a total length of four feet. Only umbrellas may be used as an attachment to the cart and are allowed to exceed the total height of four feet, but no higher than eight feet.
The umbrella must also provide a minimum of seven feet of vertical clearance.
G. Sidewalk Vendors selling Food shall have in their possession at all times they are conducting Sidewalk Vending Activities, all applicable County and State Food vending licenses.
H. Sidewalk Vendors that sell Food shall maintain a trash container in or on their Cart and shall not empty their trash into public trashcans. The size of the Sidewalk Vendor's trash container counts as part of the size limit of a Cart.
I. Sidewalk Vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation. Sidewalk Vendors shall immediately clean up any food, grease or other fluid or item related to Sidewalk Vending Activities that falls on public property. Sidewalk Vendors shall follow all (NPDES) National Pollution Discharge Elimination System regulations contained in Placentia Municipal Code Chapter
16.20, for illicit discharge.
J. Sidewalk Vendors shall maintain a minimum four -foot clear accessible path for pedestrian ingress and egress free from obstructions, including Cart and customer queuing area.
K. Sidewalk Vendors shall ensure that all required insurance is in effect prior to conducting any Sidewalk Vendor Activities and maintained for the duration of the Permit.
L. Sidewalk Vendors shall not utilize sound amplifying equipment nor non -amplified musical or noise making devices.
M. Sidewalk Vendors shall not utilize tables or chairs. Common prohibited uses of tables and chairs include the support of Food and Merchandise, and the creation of an unpermitted outdoor dining area.
N. Sidewalk Vendors may only sell Food and/or Goods. Sidewalk Vendors shall not sell or provide services. Vending of services is prohibited even if the vending of services is combined with the Vending of Food or Merchandise or Goods, and even if the services are deemed to be free of charge with the purchase of Food or Merchandise.
8.10.090 Operating Conditions and Equipment Requirements For Compact Mobile Food Operation (Sidewalk Vendors)
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A. Sidewalk vendors and other compact mobile food operations with 25 square feet or less of display area that sell only bagged snacks, cans of soda, bottled water, whole fruits and vegetables, canned goods that do not need refrigeration, and other similar foods are exempt from the requirement to obtain a health permit from the County Health Department. Instead, only a food handler's card is required.
B. Unenclosed mobile food facilities such as compact mobile food operations allow the sidewalk vendor to conduct the following "limited food preparation" activities in the field rather than at a commissary.
1. Slicing and chopping of non -potentially hazardous fruits and vegetables.
2. Pre-cooking food in an approved kitchen and "hot -holding" or "cold - holding" that food prior to service from a vending cart.
3. Re -heating food that was previously prepared in an approved kitchen.
C. Reduced Equipment Requirements for compact mobile food operations include, but are not limited to the following:
1. Use of Auxiliary Handwashing and Ware washing Facilities.
2. Reduced Sink, Water Tank and Water Heater Requirements.
3. Use of Integral Equipment.
4. Vending cart consistent with County Health Department standard blueprint plan design that has already received authorization by the County Health Department.
8.10.100 Use of Approved Kitchens by Sidewalk Vendors For Compact Mobile Food Operations.
A. Sidewalk Vendor Use of Existing Approved Kitchen Spaces. The County Health Department may approve existing permitted food facilities, such as restaurants, any kitchen facility used as a commissary, as well as any church, school, library, community center and other facilities with commercial grade kitchens to provide an approved space for sidewalk vendors to safely prepare food and store compact mobile food operation facilities like vending carts or stands.
B. A home being used as a cottage food operation, or a microenterprise home kitchen operation may serve as a food preparation and storage space for a compact mobile food operation if the County Health Department deems the home to have adequate facilities to support the compact mobile food operation. No more than two compact mobile food operations can be stored in a private home unless specifically approved by the county health department.
8.10.110 Prohibited Activities and Locations.
A. Sidewalk Vendors shall comply with all Federal, State, County, and local laws, and regulations.
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B. Cart(s) shall not touch, lean against, or be affixed at any time to any building or structure including, but not limited to lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers.
C. Sidewalk Vendors shall not engage in any of the following activities:
1. Renting Merchandise to customers.
2. Displaying Merchandise or Food not available for immediate sale.
3. Selling of alcohol, Marijuana, adult oriented material, material displaying profane language or obscenities, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or Marijuana.
4. Selling Food or Merchandise to any person sixteen years of age or younger without a parent or guardian present.
5. Using an open flame on or within any Cart, except as otherwise permitted under Federal, State, or local law.
6. Using an electrical outlet or power source that is owned by the city or another person other than the Sidewalk Vendor.
7. Conducting Sidewalk Vending Activities anywhere in the city between the hours of 12:00 a.m. and 7:00 a.m. adjacent to Commercial Uses. Conducting Sidewalk Vending Activities anywhere in the city between the hours of 10:00 p.m. and 7:00 a.m. adjacent to any other uses. Conducting Roaming Sidewalk Vending activities in any Park when it is closed to the public.
8. Continuing to offer Food or Merchandise for sale, following, or accompanying any person who has been offered Food or Merchandise, after the person has declined the offer to purchase Food or Merchandise.
9. Knowingly making false statements or misrepresentations during the course of offering Food or Merchandise for sale.
10. Blocking or impeding the path of the person(s) being offered Food or Merchandise to purchase.
11. Making any statements, gesture, or other communication which a reasonable person in the situation of the person(s) being offered Food or Merchandise to purchase would perceive to be a threat and which has a reasonable likelihood to produce in the person(s) a fear that the threat will be carried out.
12. Touching the person(s) being offered Food or Merchandise without that person(s)' consent.
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13. Placing their Cart outside of any Pathway or sidewalk when engaging in Sidewalk Vending Activities.
14. Placing any cables or wires across any Pathway or sidewalk when engaging in Sidewalk Vending Activities.
15. Conducting Sidewalk Vending Activities on private property.
D. Sidewalk Vendors shall not engage in Sidewalk Vending Activities at the following locations:
1. Any Residential Zone in the City. This restriction only applies to Stationary Sidewalk Vendors.
2. Parks.
A. Stationary Sidewalk Vending is prohibited in all Parks where the City has granted exclusive restaurant concessions, and any location the City may award an exclusive restaurant concessions in the future.
B. Roaming sidewalk vendors are permitted in parks even if an exclusive concession has been granted.
3. The Civic Center, other city owned buildings, including but not limited to any police station, fire station, public works yard, community services building or senior center, except as otherwise permitted under a Special Event Permit pursuant to Section 23.81.015 (Special Events) of the Placentia Municipal Code.
4. Any City Property that does not meet the definition of a sidewalk or pathway including, but not limited to, any alley, square, street, street end, or parking lot.
5. An area designated for barriers for protection of the public.
6. Within 200 feet of:
a. A public or private school.
b. A place of worship.
c. A large or general child day-care facility.
d. A permitted Certified Farmers' Market or Swap Meet during the limited operating hours of that Certified Farmers' Market or Swap Meet. e. An area designated for a Special Event pursuant to a city issued permit, during the limited duration of the Special Event.
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7. Within 100 feet of:
a. Another Sidewalk Vendor.
b. The intersection of a street and a Sidewalk.
c. The portion of any City facility that is renting or selling Merchandise or selling Food to the public or where the rental Merchandise is stored. d. Any police officer, firefighter, or emergency medical personnel who are actively performing their duties or providing services to the public.
8. Within 25 feet of a:
a. Fire hydrant, fire call box or other emergency facility. b. Curb which has been designated as white, yellow, green, blue, or red zone, or a bus zone.
c. Automated teller machine.
d. Driveway, alley, or entrance to a parking lot or parking garage. e. Entrance or exit to a building, structure, or facility. f. Trash receptacle, bike rack, bench, bus stop, restroom, public catch basins, or similar public use items.
9. Within:
a. 18 inches from the edge of the curb.
b. A parking lot of a city park or public facility.
c. Where placement impedes the flow of pedestrian traffic or impedes egress from, access to or the use of abutting property. d. The boundary of a valet parking zone or loading/unloading zone. e. Public safety efforts or programs, street improvement activities, construction activities, cleaning efforts or other similar activities.
8.10.120 Penalties
A. A violation of this chapter by a sidewalk vendor who has a valid sidewalk vending permit from the city is punishable only by an administrative citation pursuant to Ordinance O-2023-04
Chapter 1.10 of the Placentia Municipal Code (Administrative Citations) in an amount not to exceed the following:
1. An administrative fine not exceeding $100.00 for a first violation.
2. An administrative fine not exceeding $200.00 for a second violation within one year of the first violation.
3. An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation.
B. If a Sidewalk Vendor violates any portion of this Chapter and cannot present the citing officer with proof of a valid permit, the Sidewalk Vendor shall be assessed administrative fines in the following amounts:
1. An administrative fine not exceeding $250.00 for a first violation.
2. An administrative fine not exceeding $500.00 for a second violation within one year of the first violation.
3. An administrative fine not exceeding $1,000.00 for each additional violation within one year of the first violation.
C. Upon proof of a valid permit issued by the City, the administrative fines set forth in Subsection 8.10.120 B shall be reduced to the administrative fines set forth in Subsection
8.10.120 A, or any successor sections.
D. The Development Services Director, or the Development Services Director's designee, may revoke a permit issued to a Sidewalk Vendor for the term of that permit upon the fourth violation or subsequent violations within one year of the first violation.
E. A violation of this chapter shall not be punishable as an infraction or misdemeanor.
No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law.
F. Failure to pay an administrative citation issued pursuant to this section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions, beyond those authorized herein shall not be assessed.
G. Seizure.
1. Because of the overwhelming need to immediately protect public safety during certain emergency situations, the carts, merchandise, or any other instrumentality of the person violating 8.10.110 (Prohibited Activities and Locations), may be immediately seized by the city.
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2. The carts, merchandise, or any other instrumentality of the person violating any other provision of the municipal code, or any other state or federal law, may be seized by the city.
3. The city shall store such property for a minimum of 30 days. If the property is not claimed within that time period, the city may dispose of the property.
4. Any perishable items may be disposed of immediately by the city upon seizure.
5. All merchandise will be returned, if properly claimed, except if the possession or sale of such merchandise is otherwise illegal, including, but not limited to, violation of copyright laws, trademark laws, illegal contraband or any other violation of local, state or federal law.
8.10.130 Citation Appeals
A. Administrative citations may be appealed pursuant to Section 1.14.060, except where the hearing officer is considering an administrative fine, he or she has the power to:
1. Reduce the fine based upon the person's ability to pay the fine.
2. If the Hearing Officer finds the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, or any successor section, the Hearing Officer shall order the City to accept, in full satisfaction, 20% of the administrative fine imposed pursuant to this Chapter.
3. The Hearing Officer may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.
B. All appeals of administrative citations shall be conducted in accordance with Chapter
1.14 of this Code.
SECTION 2. Section 13.48.160 of Title 13 (Vehicles & Traffic) is hereby amended as follows:
13.48.160 Vendors' wagons and pushcarts Permi
section intentionally left blank.
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required. This
No person shall park or stand on any street any lunch wagon, eating cart or vehicle, or pushcart from which tamales, peanuts, popcorn, candy or other articles of food are co d or oThrcd or sa c, wi-hou • -irst ob -aining a wri --en permit -o do so -rom -he chie- o police, which permit shall designate the specific location in which such cart shall stand.
SECTION 3. Chapter 13.50 of Title 13 (Vehicles & Traffic) is hereby added as follows:
Chapter 13.50 Sale of Goods from Vehicles
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13.50.010 Purpose.
13.50.020 Definitions.
13.50.030 Vending on private property prohibited — Exemption.
13.50.035 This Chapter shall not apply to sidewalk vending contained in Chapter 8.10.
13.50.040 Regulations for vending from vehicles.
13.50.050 Application for vendor's permit —Contents —Required fee
13.50.060 Investigation of applications.
13.50.070 Issuance of Permit.
13.50.080 Denial of Permit.
13.50.090 Revocation of permit.
13.50.100 Appeals.
13.50.110 Exemptions.
13.50.120 Impounding unlawfully parked vehicles.
13.50.130 Impounding and seizure of goods — Procedure.
13.50.010 Purpose
The purpose and intent of Chapter 13.50 is to regulate the sale of food, food products, ice cream, goods, or merchandise from motor vehicles on public and private property and to protect the health and safety of people within the City. Section 22455 of the California Vehicle Code authorizes municipalities to regulate the type of vending from motor vehicles and the time, place, and manner of vending from vehicles upon streets.
Unregulated vending from mobile vending facilities on public streets impairs traffic safety, the safety of pedestrians, contributes to traffic congestion and therefore impedes the orderly movement of pedestrians and motorist traffic. This Chapter is not intended to repeal or amend the provisions of this Code that provide for licensing or permit procedures for the conduct of certain business activities.
This chapter shall not apply to sidewalk vending which is subject to regulations contained in Placentia Municipal Code Chapter 8.10 (Sidewalk Vending).
13.50.020 Definitions.
For purposes of this Chapter, the following words and phrases shall have the following meanings. Whenever any words or phrases used herein are not defined but are defined in the California Health and Safety Code or the Vehicle Code, such definitions shall apply. If a term or phrase is not defined in this part, or elsewhere in this Code, the most common dictionary definition is presumed to be correct. "California Retail Food Code" means the health, safety, and sanitary requirements of the California Health & Safety Code.
"Development Services Director" means the Development Services Director or a designee selected to make determinations pertaining to this chapter. In the event that the Development Services Director position is not filled, the highest ranking official in the Ordinance O-2023-04
Development Services Department will be responsible for making determinations on selecting a designee.
"Food" means any item provided in Health and Safety Code Section 113781, or any successor section.
"Food truck" or "Mobile food truck" means a licensed, motorized vehicle or mobile food unit licensed by the California Department of Motor Vehicles, if applicable, designed and equipped to prepare, or serve, and sell food, and temporarily stored in a location where food items are sold to the general public.
"Ice Cream truck" means a licensed, motorized vehicle or mobile unit designed and equipped to serve, and sell ice cream, candy or snacks to children. "Goods" or "merchandise" includes items and products of every kind and description, including all foods, produce and beverage items. Services are not included in the definition of goods or merchandise.
"Hearing Officer" is the contractor hired by the City to impartially consider appeal and requests and decide on the outcome of appeals.
"Human -powered device" means any device moved by human power, including, but not necessarily limited to, any pushcart, wagon, bicycle, tricycle, shopping cart, or other wheeled container or conveyance.
"Marijuana" means both medical marijuana and non -medical marijuana. "Marijuana" shall have the same definition as that set forth in California Health & Safety Code Section 11018. "Marijuana" shall include: "cannabis" as defined in California Business & Professions Code Section 19300.5 (f); "cannabis concentrate" as defined in California Business & Professions Code Section 19300.5 (g); "edible cannabis product" as defined in California Business and Professions Code Section 19300.5(s). Marijuana means both medical marijuana and non -medical marijuana. "Merchandise" means any tangible personal property that can be sold and immediately obtained from a Food Truck or Mobile Food Truck, excluding Food. Items for rent shall not be considered Merchandise. Merchandise excludes any services. "Park" means each and every park recreation center, sporting field, hiking trail, walking track, garden, barbecue, picnic area, and every other recreation facility owned, managed and/or controlled by the city and under the jurisdiction of the Director of Community Services including parking lots attached thereto. "Permitted parking space" means the location where a mobile food truck is permitted to prepare, serve, and sell food, as identified and approved by the city. "Person" means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or Ordinance O-2023-04
common law trusts, societies, and individuals transacting and carrying on any business in the city.
"Public property" means any real property, or interest, therein, owned, leased, operated or otherwise controlled by the city, either wholly or jointly with another public agency, other than a street, alley, parkway or sidewalk. "Residential zone" or "zoned for residential purposes" means any property which, by ordinance of the city, is then currently classified into any one of the residential zones specified in the code in which residential dwellings are an expressly permitted use. "Special Event" means any event permitted pursuant to Section 23.81.015 (Special Events) of the Placentia Municipal Code.
"Used for residential purposes" means any lot or parcel of property or any portion of which is being lawfully used as a residential dwelling. "Vehicle" means as defined in the Vehicle Code of the state of California, and shall not include any human -powered device.
"Vend" or "vending" means the sale or offering for sale of any goods or merchandise to the public from a vehicle.
"Vendor" means any person who engages in the act of or owns a business involving vending from a vehicle or who drives or otherwise operates any such vehicle for the purpose of vending therefrom.
13.50.030 Vending on private property prohibited - Exemption.
It is unlawful for any person to engage in vending from a vehicle on private property unless: (1) the person is providing meals from vehicles for those living or working on such private property, and provided the period of such vending does not exceed thirty minutes; or (2) the vending is occurring at a community special event for which a community events permit has been issued pursuant to the requirements of Section 23.81.015 (Special Events) of the Placentia Municipal Code.
13.50.035 This Chapter shall not apply to sidewalk vending which is subject to regulation contained in Title 8 (Health & Safety) Chapter 8.10 (Sidewalk Vending)
13.50.040 Regulations for vending from vehicles.
It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any business for the purpose of causing the sale of or offering for sale, any goods or merchandise from any vehicle parked, stopped or standing upon any public street, alley, parkway, sidewalk or other public property in the city except in accordance with all Ordinance O-2023-04
applicable provisions of this code and in compliance with each of the following requirements:
A. Permit/License Requirements
1. Each operator of such mobile food truck shall possess and at all times display in conspicuous view upon each such vehicle a city business license issued, pursuant to Section 6.04.030 of the Placentia Municipal Code.
2. Each operator of such mobile food truck shall possess and at all times display in conspicuous view upon each such vehicle an unexpired and unrevoked vendor's permit pursuant to Chapter 13.50 of the Placentia Municipal Code.
3. Each operator of a mobile food truck shall possess a California seller's permit number pursuant to Section 6067 of the Revenue and Taxation Code.
4. Each mobile food truck operator causing the sale of or offering for sale any produce or other food item for which a food handler's permit or other health permit is required by law shall possess and at all times display such required permit(s) in conspicuous view upon such vehicle and shall also display the letter grade issued by the department of public health of the county of Orange. Mobile food truck operations shall comply with the California Retail Food Code (Health and Safety Code).
B. Vehicle/Equipment Restrictions/Requirements
1. Such vending shall be only by means of a vehicle duly registered and licensed by the state of California with an unladen weight of less than five thousand pounds.
2. No mobile food truck shall be equipped with amplified sound making devices that is used to draw attention to, or announce the presence of, such vehicle upon any public street. Nonamplified sound making devices shall be permitted for such purposes provided: (1) such sounds shall not be made while the vehicle is stopped, parking or otherwise in a stationary position; and (2) such sounds shall not be audible to a person with normal hearing for a distance of more than two hundred feet.
C. Health & Safety Requirements
1. All foods, beverages, utensils, and equipment offered for sale or utilized on vending vehicles shall at all times be protected from contamination and Ordinance O-2023-04
pollution by dust, dirt, flies, vermin, rodents, animals, unnecessary handling, droplet infection, overhead leakage, insecticides, rodenticide, cleaning compounds, and other poisonous or deleterious substances, and all other forms of contamination.
2. Any mobile food truck operator or vendor using scales or any other weighing or measuring devices shall have all such scales and devices inspected and sealed by the weights and measures division of Orange County.
D. Location, Hours of Operation, Time Limits & Frequency
1. Mobile food trucks shall not be allowed within residential zones or parks.
2. No mobile food truck shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street.
3. No mobile food truck shall be located within two hundred feet of another mobile food vendor.
4. Vending from mobile food trucks shall be limited to only public streets, where the authorized speed limit is less than thirty-five miles per hour, and shall not be permitted upon any alley, parkway, sidewalk or other public property unless the vending is occurring at a community special event for which the food truck is under the umbrella of a community special events permit issued pursuant to the requirements of Chapter 23.81.015.
5. Vending is prohibited on public streets in any location without an unobstructed view of 200 feet in each direction.
6. No vending from a mobile food truck shall be permitted within sixty feet of any intersection of two or more public streets nor within five hundred feet of any public or private elementary, junior high or high school unless the vending is occurring at a community special event for which a community special events permit has been issued pursuant to the requirements of Chapter 23.81.015.
7. No vending from such vehicle shall be permitted for a period of time in excess of thirty minutes in any one location and said vehicle must be moved a distance of not less than one hundred feet between consecutive stops at which vending occurs unless the vending is occurring at a community special event for which a community special events permit has been issued pursuant to the requirements of Chapter 23.81.015.
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8. Each ice cream truck which sells ice cream primarily to children and their parents shall be equipped with a sign mounted to the rear of the vehicle warning of the presence of children. Said sign shall be in letters in sharp contrast to the background and shall be of such size, shape, and color as to be readily legible during daylight hours from a distance of fifty feet. The dimensions of the sign shall be eight -inches high by forty-eight inches (8" x 48") wide and shall state either, "Warning Children Present," or "Children Crossing." The ice cream truck shall be equipped with standard warning flashers.
9. Mobile food trucks must not occupy any accessible parking spaces or impede the required path of travel to any accessible parking spaces.
10. All mobile food trucks must be parked on asphalt, concrete, or other hard all- weather surface.
11. Mobile food trucks shall not require use of more than twenty-five (25) percent of existing parking spaces.
12. Frequency: Mobile food trucks shall be permitted, on each property, a maximum of no more than four (4) days per calendar week. Mobile food trucks may operate at different locations throughout the City.
13. Hours of operation. Mobile food trucks may operate at any time between the hours of 8:00 a.m. and 6:00 p.m. If the mobile food trucks are located on private property during the property owner's business hours, the mobile food truck may not occupy the required parking for the principal's use. If the mobile food truck is occupying required parking for the principal use, its operation must be during the principal use's nonpeak hours of operation.
14. Mobile food trucks shall not be parked on grass or dirt areas.
15. The maximum number of mobile food trucks per lot is limited as follows:
1. Maximum of two mobile food trucks on lots of one-half acre or less;
2. Maximum of three mobile food trucks on lots between one-half acre and one acre; and
3. Maximum of four food trucks on lots greater than one acre.
E. Operation Requirements
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1. Each mobile food truck shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by such vending.
2. Each mobile food truck vendor shall pick up and deposit in the trash receptacle on the vehicle any paper, cups, wrapper, litter, or other refuse of any kind which were a part of the goods or merchandise supplied from the vehicle and which have been left or abandoned within twenty-five feet of such vehicle on any public property other than in a trash receptacle provided for such purposes. No operator of a mobile food truck shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such vendor.
3. No vending shall be permitted except after the vehicle has been brought to a complete stop and parked adjacent to the curb in a lawful manner.
4. Open flame cooking shall be prohibited on mobile food trucks.
5. No sales or service of alcohol or marijuana shall be allowed by mobile food trucks.
6. The owner or operator of a mobile food truck shall not connect the mobile food truck to a source of electricity, water, or sewer where the mobile food truck is operated.
7. No minor under the age of sixteen shall ride in or upon a mobile food truck when such vehicle is engaged in or about to be engaged in vending. The mobile food truck vendor or their designee must be present at all times while operating, except in cases of an emergency.
8. Mobile food trucks are prohibited from selling to individuals traveling within motor vehicles on a public street.
13.50.050 Application for vendor's permit - Contents - Required fee.
Any person desiring to obtain a vendor's permit to engage in the vending of goods or merchandise from a vehicle, or driving of such vehicle, pursuant to this section shall make application to the Director of Development Services or his/her designee. Such application shall be accompanied by a nonrefundable application fee in such amount as established by resolution of the city council. Any such permit shall be required to be renewed annually and a separate nonrefundable application fee paid yearly for such renewal application as established by resolution of the city council. Each applicant for a vendor's permit shall furnish the following information and documentation as part of or in conjunction with such application:
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A. The present or proposed address from which the business is to be conducted and an address where the applicant consents to receive service of process. An acceptable address for this purpose shall include a post office box or private mailbox that complies with paragraph (2) of subdivision (b) of Business & Professions Code Section 17538.5.
B. The full true name under which the business will be conducted.
C. The full true name and any other names used by the applicant.
D. The present residence address and telephone number of the applicant.
E. California driver's license number of the applicant.
F. Acceptable written proof that the applicant is at least eighteen years of age.
G. The applicant's height, weight, color of eyes and hair, and date of birth.
H. A description of the goods or merchandise which the business will vend and a schedule of the applicant's proposed hours of operation, area/locations of operation.
I. The number of vehicles to be owned, operated, or controlled by the applicant and the makes, body styles, years, serial and engine numbers, state license plate numbers, and names and addresses of the registered and/or legal owners of each vehicle, along with a photograph of the vehicle(s).
J. A description of the logo, color scheme, insignia, and any other distinguishing characteristics of applicant's vehicles.
K. The full true names and residence addresses of all persons employed or intended to be employed or with whom the applicant has contracted or intends to contract as drivers and/or vendors and the respective capacities in which they will be employed, including the California driver's license number of all persons who will be employed or engaged as drivers of vehicles in conjunction with such business.
L. The business, occupation, or employment history of the applicant from the three-year period immediately preceding the date of the application.
M. The permit history of the applicant, for the three-year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state or territory, has ever had any similar license or permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation.
N. All criminal convictions, including pleas of guilty or nolo contendere, suffered by the applicant, including ordinance violations, and traffic offenses.
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O. Such other identification and/or information as the Director of Community Development may require in order to discover the truth of the matters required to be set forth in the application.
P. Evidence of Commercial General Liability Insurance and an acknowledgement that the vendor will maintain this insurance throughout the duration of any vendor permit issued under this Chapter. Such General Liability Insurance shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Vendor agrees to oblige its insurance agent or broker and insurers to provide to the City with a thirty (30) day written notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal for each required coverage.
Q. An agreement by the vendor to defend, indemnity, release and hold harmless the city, its city council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor's sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the city, if any, costs of suit, attorney's fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred in connection with such claim, action, or proceeding whether incurred by the permittee, city, and/or the parties initiating or bringing such proceeding.
R. When any change occurs regarding the written information required by Chapter 13.50, prior to issuance of a permit, the applicant shall give written notification of such change to the Director of Development Services or his/her designee within two weeks after such change.
13.50.060 Investigation of applications.
The city Director of Development Services or his/her designee shall refer all applications for vendor's permits made pursuant to this chapter to the police department for investigation and recommendation. The police department shall have a reasonable period of time within which to investigate the application and background of the applicant for a vendor's permit. The police department shall, within thirty days after the date of the filing of the application, render a written recommendation to the city business license department as to approval or denial of the application for the permit based upon the criteria set forth in Section 13.50.040 and 13.50.050.
13.50.070 Issuance of permit.
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The Director of Development Services or his/her designee within ten days after receiving the aforementioned recommendation of the police department shall grant the vendor's permit only if it finds that all of the following requirements have been met:
A. The required fees have been paid.
B. The application conforms in all respects to the provisions of this chapter.
C. The applicant has not made a material misrepresentation of fact in the application.
D. The applicant has not had a similar permit denied or revoked by the city within a period of one year prior to the date of such application.
E. The applicant if an individual; or any of the directors, officers or stockholders holding more than five percent of the stock of the corporation; or any of the partners, including limited partners, or profit interest holder, manager or other person principally in charge of the operation of the existing or proposed business of vending from a vehicle or a natural person employed or contracted with to be a driver or vendor has not been convicted or pleaded nolo contendere or guilty within five years prior to his or her application for a permit to a misdemeanor or felony crime of moral turpitude or drug - related misdemeanor or felony crime, including, but not limited to: the sale of a controlled substance specified in California Health and Safety Code Sections 11054 through 11058; the sale, distribution or display of harmful or obscene matter; indecent exposure; or in the case of applications for a vendor's permit by a person who will be a driver of a vehicle pursuant to this section, alcohol or drug -related traffic offenses. The investigating city employee is specifically authorized to obtain state summary criminal history record information as provided for in California Penal Code Section 11105. Any complaint for the above -listed charges pending before a court of law shall cause the application to be considered pending until adjudication of the complaint.
13.50.080 Denial of permit.
If the Director of Development Services or his/her designee does not find that all of the requirements set forth in Sections 13.50.050, 13.50.060 and 13.50.070, as applicable have been met, the Director of Development Services or his or her designee, shall deny the application for the vendor's permit. In the event the application for the permit is denied by the Director of Development Services, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the permit shall be deemed to have been occurred on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application for the permit.
Any applicant whose application for a vendor's permit has been denied by the Director of Development Services may appeal such denial to the hearing officer by filing Ordinance O-2023-04
a written notice of appeal within ten days following the date of service of the decision. The letter/notice shall be accompanied by a processing fee as established by city council resolution. The date of filing of said notice of appeal shall be the date said notice is received by the city clerk.
No person or entity whose permit is finally denied shall be eligible to apply for a new permit for a period of one year following such final denial.
13.50.090 Revocation of permit.
Any vendor's permit may be revoked by the Director of Development Services or his/her designee for good cause shown including but not necessarily limited to any of the following reasons:
A. Falsification of any information supplied by the permittee upon which issuance of the permit was based.
B. Failure of the permittee, or any employees or subcontractors of the permittee, to comply with the regulations set forth in this section.
C. Conviction of a violation, or a plea of guilty or nolo contendere, by the permittee, or any employee, subcontractor or independent contractor of the permittee, of any state law, county health department regulation or municipal ordinance while in the course of conducting vending operation from a vehicle pursuant to the permit.
D. Conviction of a violation, or pleas of guilty or nolo contendere, by the permittee of any applicable provision or requirement of this section.
E. No such revocation shall become effective until expiration of the appeal period specified in Section 13.50.100. Notification of the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit holder's residence address as set forth on the application for a permit. Services shall be deemed made on the permit holder on the date personally delivered or on the date of mailing. A permit holder may appeal such revocation to the hearing officer by filing a written notice of appeal with the Director of Development Services within ten days following the date of service of such decision. The date of filing of said notice of appeal shall be the date said notice is received by the Director of Development Services. If a timely appeal is filed, the revocation shall be stayed pending the decision of the hearing officer. Otherwise, the suspension or revocation shall become effective immediately upon expiration of said appeal period.
F. No person or entity whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.
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13.50.100 Appeals.
Upon receipt of a timely appeal pursuant to Sections 13.50.080 and 13.50.090, the hearing officer, or his/her designated representative, shall hear such appeal within twenty days following the date of such appeal and shall give the appellant not less than five days' advance notice of the date of such hearing. The decision of the hearing officer shall be based upon the same criteria as set forth in this chapter which are applicable to the issuance or revocation of such permit. The appellant shall be notified of the decision of the hearing officer by mailed, written notice. The decision of the hearing officer shall be final. No revocation of a permit pursuant to this section shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the hearing officer's decision.
13.50.110 Exemptions.
The requirements of this chapter shall not apply to:
A. Any person delivering any goods or merchandise by vehicle where such goods or merchandise has been ordered in advance for such delivery from any business located at a permanent location and which goods or merchandise is being delivered from such location to the customer by vehicle, regardless of the point of sale thereof.
B. Any person engaged in the vending of goods or merchandise on public property where such person has been authorized by the city to engage in such activity by a permit, lease, real property license, agreement or other entitlements issued by the city for such purpose.
C. A contractual or other private arrangement between a mobile food truck and an individual or group that wishes to have food catered to a specific location and which is not open to the public.
13.50.120 Impounding unlawfully parked vehicles.
All police officers and parking control officers are authorized and empowered to remove or cause to be removed all vehicles parked, caused to be parked, or left parked upon any street or public parking lot or area contrary to the provisions of this chapter, or illegally parked, and to store the vehicle, and the owner or operator of the vehicle shall be liable for any reasonable towing and storage charges.
8.50.130 Impoundment and seizure of goods - Procedure.
A. Upon the citation or arrest of any person for violation of Section 13.50.030 or
13.50.040, the city may seize and impound all perishables and nonperishable goods in the possession of such person.
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B. Following citation or arrest for violation of Section 13.50.030 or 13.50.040, any unlicensed person or vendor shall sign a declaration which shall declare, under penalty of perjury, the name and contact information of the rightful owner of the seized goods.
C. The city shall make a reasonable attempt to contact the rightful owner of any seized perishable goods, if other than the unlicensed person or vendor arrested or cited, in order to provide such rightful owner with an opportunity to retrieve the goods within twenty-four hours. Such rightful owner, as set forth in the declaration described in subsection B of this section, must present valid identification to the Director of Community Services or his/her designee before the city will release any seized goods. If the unlicensed person or vendor claims to be the rightful owner of the seized perishable goods, said person or vendor shall, as a condition precedent to retrieval of any perishable goods, present valid identification to the city's Director of Community Services or his/her designee, and shall sign the declaration described in subsection B of this section declaring him or herself to be the rightful owner of the same. In such case, the city shall provide said person or vendor the opportunity to either:
1. Contact, with one phone call, which one phone call shall be in addition to any other phone calls permitted by law to an arrestee, another individual to pick up the seized perishable goods, provided that the goods must be picked up within twenty-four hours; or
2. Sign a release allowing the city to immediately discard or donate such seized perishable goods.
D. Prior to releasing, disposing, or donating any perishable goods seized pursuant to this section, the city shall inspect and take photographs and any necessary samples of such goods to maintain as evidence.
E. The owner of any goods impounded or seized may request an impoundment hearing before a hearing officer appointed by the Development Services Director or designee. If perishable food items are seized, the enforcement officer may dispose of the perishable items immediately. By the end of the next business day following impoundment, the owner of the cart will be contacted at the telephone number given to the enforcement officer at the time of the citation or arrest, and the non-perishable items will be released to the owner upon proper proof of ownership, presentation of a business tax certificate, and the payment of all towing and administrative costs incurred as a result of the violation. Any unclaimed items will be considered abandoned and forfeited to the city ninety days after the city calls the owner to retrieve the impounded items, and the city may destroy or otherwise dispose of the impounded items pursuant to law.
F. Nothing contained in this section shall limit the ability of the city to cite the rightful owner of such seized perishable goods of this chapter.
G. The Director of Community Services, or designee, may adopt reasonable rules and regulations, not inconsistent with this chapter, in order to implement this chapter.
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SECTION 4. Environmental Compliance: Pursuant to the provisions of the California Environmental Quality Act ("CEQA") (California Public Resources Code Sections 21000 et seq.) and State CEQA guidelines (Sections 15000 et seq.) the ordinance is not a "project" and further, that it can be seen with certainty that there is no possibility that the ordinance in question may have a significant effect on the environment, either directly or indirectly, and that therefore no environmental review under the CEQA is required, pursuant to CEQA Guidelines Section 15061 (b)(3).
SECTION 5. Severability: If any section, paragraph, sentence, clause, phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. The Mayor and City Council of the City of Placentia hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the ordinance be enforced.
SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.
INTRODUCED at a regular meeting of the City Council of the City of Placentia held on November 7, 2023.
PASSED, APPROVED AND ADOPTED this day of , 2023.
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Placentia, held on the 7th day of November 2023 and adopted at a regular meeting of the City Council of the City of Placentia, held on the day of , 202 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
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ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
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TO:
VIA:
FROM:
DATE:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES AND INFRASTRUCTURE NOVEMBER 7, 2023
SUBJECT: STUDY SESSION: SCE LED STREELIGHT CONVERSION PROJECT FISCAL
IMPACT: NONE
SUMMARY:
As part of the adoption of the City's Five -Year Strategic Plan, City Council directed Staff to research the feasibility of replacing existing High Pressure Sodium Vapor (HPSV) streetlights in the City with the newer Light Emitting Diode (LED) technology. City Council also directed Staff to explore available funding opportunities to minimize the capital expenditures of LED replacement.
On July 25, 2023, the City Council approved an agreement with Southern California Edison (SCE) to convert eligible streetlights to LED using SCE's LS -1 Option E program.
The purpose of this Study Session is to provide the City Council with additional information regarding the program and to seek direction from Council on the color options for streetlights prior to the City and SCE commencing the LED Conversion project.
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Receive and file the Staff report and Presentation; and
2. Ask any questions of Staff; and
3. Review, discuss and determine the color choice for residential and arterial streetlights; and
4. Authorize the City Administrator and/or his designee to submit the LED street light color choices to SCE for the Schedule LS -1 Option E, Energy Efficiency -Light Emitting Diode (LED) Fixture Replacement Rate Agreement for the City of Placentia and the SCE.
STRATEGIC PLAN STATEMENT
This item is consistent with the City Council approved 5 -Year Strategic Goal #5 to implement public infrastructure to meet community needs, under Objective #5.5, which is to transition all streetlights to LEDs.
3.a.
Nov. 07, 2023
City Council Agenda
November 7, 2023
DISCUSSION:
Background
There are a total of 3,656 streetlights throughout the City installed along residential, collector, and arterial streets. 3,463 of those lights are owned by Southern California Edison (SCE) and the City pays SCE a monthly facilities fee for each pole in addition to the cost of the electricity and maintenance needed for the light. These types of streetlights are referred to as LS -1 lights and fall under SCE's LS -1 cost tariff (the remaining 193 fixtures are owned by the City). Currently, a High - Pressure Sodium (HPSV) fixture is used on both LS -1 and City -owned streetlights. One of the goals of the City's Five -Year Strategic Plan is to convert all eligible streetlights in the City to LED technology.
On July 25, 2023, the City Council approved an agreement with SCE to convert all eligible streetlights to LED using SCE's LS -1 Option E program. Since June 1, 2016, SCE has offered the LS -1 Option E tariff rate which is a turn -key program for local governments to replace aging HPSV "cobra head" streetlights with new, more efficient LED streetlights. This tariff facilitates streetlight replacements with local government concurrence and authorization after which SCE manages the implementation from start to finish. Under this program, the City does not pay an upfront cost for the conversion of existing HPSV "cobra -head" fixtures to new, more efficient LED streetlights. SCE absorbs the conversion costs using an incentive program offered by the California Public Utilities Commission (CPUC). Under the program, capital costs are amortized through energy savings over a 20 -year period with zero interest. Over the course of the initial 20 years, the City will see a cost reduction of $2,356,340 in current dollars which is net of the embedded recovery mechanism in the LS -1 Option E tariff.
Over 310,000 lights have been replaced by SCE over the last several years in communities across Southern California. Several Orange County cities have participated in the LS -Option E Program including Brea, Buena Park, Garden Grove, Huntington Beach, Laguna Niguel, Orange, and Yorba Linda. The new LED fixtures provide superior optics compared to the older generation HPSV lights, are dark sky compliant, and more effectively place light on the street surface with less light intrusion to residents. The lights also improve 'visual acuity," allowing drivers, pedestrians, and cyclists to see more clearly and with more detail during the evening hours, providing a safer night environment for our residents. SCE will utilize a standard wattage ratio to match existing lights and conditions on our streets.
City's Streetlight LED Conversion Program
As part of the LS -1 Option E program, the City will be converting 2,922 "cobra head style" SCE owned lights in Placentia to LED. The LS -1 lights with the decorative Mission Bell light fixture located in medians in all arterial streets of the City are not eligible for conversion under the current LS -1 Option E Program. As part of SCE's streetlight maintenance policy, SCE will upgrade the decorative Mission Bell lights to LED slowly over time on an individual basis when the existing HPSV light bulbs require replacement. When a street light repairman changes out a fixture in the field and moves from HPSV to LED, there is a reporting process to ensure that the new LED light is captured, and the billing change is initiated. Below are maintenance and replacement updates provided by SCE:
City Council Agenda
November 7, 2023
1. Cobra Head simple repairs — through the end of 2024, SCE will replace lamps and photo controllers only on LS -1 streetlights. On January 1, 2025, SCE will begin replacing all failures with LED fixtures.
2. As of January 1, 2024, SCE will replace LS -1 streetlights that require any repair beyond a simple lamp or photo controller change -out with a new LED fixture.
3. As of January 1, 2024, all decorative fixtures on any SCE owned lighting tariff will be replaced with new LED fixtures upon failure.
4. OL-1 lights are already being changed out to LED for all repairs or replacements in order to make available HPSV lamps and photo controllers for LS -1 lights.
The proposed change of street lighting from the standard HPSVIamps to LED will impact the visual appearance of the lighting throughout the City, most notably related to the light color. The light generated by LED lamps looks different than the light produced by the current high pressure sodium lamps commonly used throughout the City. Color temperature is a characteristic of visible light and is stated in units of temperature, known as Kelvin (K). As shown in chart below, the current streetlights produce a light of 2,200 K which is commonly perceived to be orange in color.
Light temperature runs on a color spectrum numbered from zero (0) to ten thousand (10,000). As indicated in the chart below, lower temperatures produce a redder light, medium temperatures produce a whiter light, and higher temperatures produce a bluer light. The LS -1 Option E Program provides an option for either 2,700, 3000k or 4000k color temperature LED lights.
Table 1
Color Temperature in Kelvins (K)
1500 2000 2500 3000 3500 4000 4500 5000 5500 6000 6500 7000 7500 Candlelight Warm Natural/Neutral Cool Daylight/Cold Ultra Daylight 1500K up to 3500K 3600K -4500K 4600K -5500K 5600K -6400K 6500K+ Color Temperature Descriptions
Through careful photometric planning, LED lighting contributes to the reduction of light pollution and helps maintain the City's dark skies. LED technology is designed to direct light toward the street and sidewalk areas. This feature reduces light spillover toward windows and unwanted areas. In the event there are challenges with lighting spillover, shielding can be installed by SCE to minimize any nuisance impacts.
Staff is seeking direction from the City Council on the color options for streetlights prior to the City and SCE commencing the LED Conversion project. SCE no longer offers pilot demonstration
City Council Agenda
November 7, 2023
programs for Option E due to the large number of lights in surrounding communities and areas that can be observed. Within SCE's service territory, 90 plus percent of communities who converted their streetlights to LED are utilizing the 3,000k color temperature as a standard. Some communities continue to utilize the 4000k only on arterial and main streets. For example, in the city of Brea all the streetlights that SCE owns are 3000k. In 2019, SCE completed the LED streetlight conversion for the County of Orange, utilizing 4000k LED fixtures on arterial streets (lights greater than 100 -watt equivalent). SCE's typical standard for a combined color temperature approach (3000k/4000k) is to place 3000k on lights 100 watts or less and 4000k on lights that are greater than 100 watts (150 watts and up). Those wattages are the HPSV wattages currently in the field pre -replacement. In the City of Yorba Linda, SCE implemented a 3000k/4000k combination in that community as well. For residential streets, the 3000k light would be a better match for the City's existing HPSV lights. The 4000k light would be better suited for arterial streets.
Smart Community Technology Attachment Pilot Program
Additionally, SCE has offered the opportunity for the City of Placentia to participate in a Smart Community Technology Attachment (SCTA) demonstration/pilot effort. The pilot is being offered to a limited and defined number of communities to ensure that SCE and the included communities can feel comfortable that attachments on SCE streetlights for SCTA devices can be accomplished safely, and in a way that does not hinder the provision of street lighting or utility services.
Placentia has been included in this pilot program offering and will be allowed to work with SCE to place customer owned SCTA devices on a limited number of poles (number to be determined) but likely not to exceed 10% of the standalone streetlights in the community. Devices will only be allowed on stand-alone streetlights — not on any infrastructure that is supporting or directly tied to distribution infrastructure (wood distribution poles carrying electricity to other customers as an example). The SCTA devices will be powered through a connection to the SCE streetlight and SCE will share the size, weight, and wind -loading requirements for devices to be placed. SCE will be utilizing the Wireless Technology Tariff (WTR) to facilitate the placement of smart community technology attachments so there won't be a separate agreement the City needs to enter into with SCE. SCE is currently working with their regulatory team to simplify the application specifically for the SCTA devices.
SCE will approve the sites for each device to ensure that the SCTA devices do not replace or interfere with existing SCE devices utilized to control distribution or facilitate metering systems. The devices will be under the ownership, maintenance, and operation of the City. The devices will be placed by a qualified electrical contractor hired by the City with experience in working with street lighting systems. Staff will share future information with the Council regarding this project as it becomes available.
\
Prepare ► by:
)2 r
Elsa Y. Robinson
Senior Management Analyst
Reviewed and approied:
Luis EstevezJ
Deputy City Administrator
City Council Agenda
November 7, 2023
Reviewed and approved:
Damien R—Arrula
City Administrator
Attachment:
Presentation
Study Session:
Citywide Streetlight Conversion
City Council Meeting
November 7, 2023
City Streetlight Background Information
• Majority Owned by SCE
(3,466 out of 3,656)
City pays electricity and facility charge (comprises
LS -1 Tariff Rate)
SCE is responsible for maintenance and repairs
• 193 Streetlights are City Owned
City maintained
No facility charge
Approximately 95% are intersection safety lights and
5% are in Old Town
SOF LED Conversion Program
• SCE LED Conversion Program available for local agencies to convert streetlights owned by SCE with no up -front costs and annual savings. • SCE recovers capital cost for upgrades over a 20 -year period through a special tariff rate known as Option E.
• Several Orange County cities have participated including Brea, Buena Park, Garden Grove, Huntington Beach, Orange, and Yorba Linda.
• Only "cobra -head" style fixtures are eligible for this program. ' ff
City s o icial streetlight is the Mission Bell style.
Mission Bell streetlights can be found in the medians of City arterial streets .
'_ED Streetlight Fixture Optics
• SCE utilizes latest generation
GE Evolve LED Roadway
Fixtures
• Fixtures are dark sky
compliant and direct light on
the street surface
• Reduction in energy
consumption
Traditional Light Bulb LED Light Bulb
0111111111 41 1111111.11D
� Street Light Color Options
1. "Warm" Light Fixture,
2700 K degrees
2. "Warm White" Light
Fixture, 3000k
degrees
3. "Whiter" Light Fixture,
4000k degrees
Candlelight
Color Temperature in Kelvins (K)
1500 2000 2500 3000 3500 4000 4500 5000 5500 6000 6500 7000 7500 r
■
Warm Natural/Neutral Cool Daylight/Cold Ultra Daylight
1500K up to 3500K 3600K -4500K 4600K -5500K 5600K -6400K 6500K+ Color Temperature Descriptions
Example of HPSV vs. LED Streetlight Fixtures
Example of 3000k vs. 4000k in Yorba Linda
Staff Recommendation
It is recommended that the City Council approve the following options:
1. Receive and file the Staff report and Presentation; and
2. Ask any questions of Staff; and
3. Review, discuss and provide direction on the color choice for residential and arterial streetlights; and
4. Authorize the City Administrator and/or his designee to submit the LED street light color choices to SCE for the Schedule LS -1 Option E, Energy Efficiency -Light Emitting Diode (LED) Fixture Replacement Rate Agreement for the City of Placentia and the SCE.
Questions & Comments