Staff Report — Simi Valley City Council, June 12, 2023

CITY OF SIMI VALLEY

MEMORANDUM
J
une 12, 2023
TO
: City Council
F
ROM: Department of Environmental Services
S
UBJECT: A PUBLIC HEARING TO CONSIDER CITY-INITIATED MUNICIPAL CODE AMENDMENTS (Z-S-2023-0001), TO REVISE PORTIONS OF TITLE 9 OF THE SIMI VALLEY MUNICIPAL CODE TO ALLOW FOR TYPE 4 MOBILE FOOD FACILITIES (“FOOD TRUCKS”) ON COMMERCIAL AND

INDUSTRIAL PROPERTIES , A DETERMINATION THAT THE

AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT ; AND INTRODUCTION OF AN

ORDINANCE

RECOMMENDATION
The Planning Commission recommends that the City Council introduce an ordinance (page 10) amending portions of Title 9 of the Simi Valley Municipal Code (Z-S-2023-0001) to allow Type 4 Mobile Food Facilities, or “food trucks” to operate on commercial and industrial properties with a Temporary Use Permit , and a determination that the amendments are exempt from the California Environmental Quality Act.

BACKGROUND AND OVERVIEW
In November 2021, the City Manager’s Office requested Staff to update the City’s Development C ode to allow Type 4 Mobile Food Facilities, or “food trucks” to operate independently within the City. Interested parties have also inquired with Staff on the City’s allowance of food trucks for temporary and long-term operations on private property. Pursuant to Simi Valley Municipal Code (SVMC) Section 9 -

52.080, current regulations only allow Types 1-3 Mobile Food Facilities to operate in the City with a one-year Temporary Use Permit (TUP). Such Mobile Food Facilities include hot dog carts, coffee trucks, and uncut produce (refer to Table 1, page 3). The City does not allow stand-alone Type 4 Mobile Food Facilities, commonly referred to as “Fo od Trucks” to operate on commercial or industrial properties with a TUP. Rather, food trucks may be included as part of a short- term parking lot event or group assembly TUP that has been issued a Special Event Permit. Food Truck f acilities allow cooking of food, versus heating of food.

The purpose of the Ordinance (as proposed) is to extend the existing one-year TUP for Type 1-3 to Type 4 Mobile Food Facilities and allow Food Trucks to operate on commercial or industrial properties long-term, independent of a special event, and similar to the existing rules the City grants for coffee trucks, hot dog carts, and produce or flower vendors. Food Trucks can provide food opt ions for underserved
Z-S-2023-0001MobileFoodTruckCCmtg6-12-23(klk)
AGENDA ITEM NO.

Z-S-2023-0001MobileFoodTruckCCmtg6-12-23(klk)
industrial areas, be paired with micro brewery or wine tasting operations on dates throughout the year, and provide additional conv enience and variety of dining options to residents, workers, shoppers, and visitors.

Furthermore, Staff research suggests that Food Trucks have the potential to benefit brick- and-mortar restaurants. By fostering foot traffic into an area, F ood Trucks can help existing restaurants and other businesses by encouraging new entrants into existing businesses. In many cities that allow Food Trucks, their operations have brought in more consumers to existing restaurants and businesses, in turn revitalizing areas and encouraging new brick -and-mortar businesses and restaurants to open shop. 1 Since 2011, the City has issued nine (9) one- year TUP’s for Types 1-3 Mobile Food Facilities, some of which were renewals for the same vendor(s). With only nine TUPs, for six (6) vendors in 12 years, adding Type 4 Mobile Food Facilities to the mix of allowable food vendors can help drive the local economy and bring new dining opportunities to Simi Valley residents.

On March 1, 2023, the Planning Commission held a public hearing for Z-S- 2023- 0001 and voted 5 -0, recommending approval of the amendments. The Planning Commission included a modification to limit daily hours of operation between 7:00 a.m. and 11:00 p.m. and recommended a 300 -foot buffer from brick -and-mortar restaurants and coffee shops. The Planning Commission’s meeting minutes and resolution are provided in Exhibit 1 (page 16). The Planning Commission’s staff report is attached as Exhibit 2 (page 27).

1 Institute for Justice. Food Truck Truth. Available <https://ij.org/wp-content/uploads/2021/12/Food-Truck- Truth-WEB-dec-2021.pdf>. (January 2022)
2 Z-S-2023-0001MobileFoodTruckCCmtg6-12-23(klk)

Yes 12 months
Type 2 Type 2 permit is limited to the sale of
prepackaged foods and bulk
dispensing of non-potentially
hazardous beverages (i.e. ice cream
truck/cart, push carts, cold/hot
trucks, catering truck with only
packaged food, fish truck).

Yes 12 months
Type 3 Type 3 Mobile Food Facilities include
hot dog cart/trailer,
coffee/cappuccino cart/trailer,
churro/pretzel cart, roasted almonds
cart, kettle corn/popcorn cart, shaved
ice cart.

Yes 12 months
Type 4 Type 4 Mobile Food Facilities include
catering truck, soft serve ice cream
truck, mobile kitchen trailers/trucks.

No N/A

In proposing Code amendments, Staff surveyed other cities in Ventura and Los Angeles Counties to determine their rules and regulations for allowing F ood Trucks, or Type 4 Mobile Food Facilities (See Food Truck Research in the Planning Commission Staff Report). Below is a breakdown of Staff’s findings:

• Oxnard, Glendale and San Fernando do not have a written policy for mobile food vendors and permit them to operate via a Business Tax Certificate or clearance from the local Fire Department.

• Ventura , and South Pasadena require TUPs, but limit the TUP duration to between three (3) and six (6) months.

• Moorpark and Thousand Oaks allow mobile food vendors to apply for Administrative Action entitlements to allow the use and operation for one (1) year.

• Other cities do not limit food trucks to specific zones.

Staff also considered input from the Planning Commission. The proposed C ode amendments cover the following items:
3 Z-S-2023-0001MobileFoodTruckCCmtg6-12-23(klk)

• City-initiated development standards required to operate a Type 4 Mobile Food Facility, or “Food Truck” with a Temporary Use Permit (TUP); and

• Addition of terms and definitions for Mobile Food Facility and Mobile Food Vendor.

FINDINGS AND ALTERNATIVES

Proposed Municipal Code Amendments

The proposed amendments would extend the same TUP allowance to Type 4 Mobile Food Facilities, or “Food Trucks” in the City. Food Trucks provide an amenity to patrons by offering diverse and affordable dining opportunities and increasing foot traffic to existing businesses and restaurants. Other cities allow Food Trucks with varying permitting requirements. Staff’s research of other city standards is included as part of Exhibit 2, and the proposed Code amendments consider these findings. Table 2 provides a summary of the proposed General Standards, followed by Staff’s analysis on the Code amendments. The complete standards are spelled out in the proposed O rdinance No. 1350 (page 10). The following modifications are made following the Planning Commission meeting:

• Added Hours of Operation from 7:00 a.m. to 11:00 p.m.;

• Clarified lighting requirements for operation in hours of darkness.

Table 2. General Standards Summary

Documentation Property owner approval, County permits (i.e. Health) , Business Tax Certificate, and vehicle registration required Allowable Zones CPD, CN, CO, CR, AI, LI, GI, CI, BP, SR, and RCC zoning districts
TUP Duration 12 months
Number Allowed One food truck for property(ies) up to 150,000 square fee t of gross floor area with an active Planned Development or
Conditional Use Permit; one additional food truck for
property(ies) over 150,000 square feet of gross floor area with an active Planned Development or Conditional Use Permit Area 800 square feet of a commercial center that is at least 150,000 square feet, with four feet of clearance for pedestrian access, and setback at least 300 feet from other restaurants/eateries, excluding grocery stores and markets
Discard Requirements Within 30 feet of discard/trash containers Storage No parking/storage outside of hours of operation Signage No freestanding signage allowed
Lighting Located on a parking lot with a City approved photometric plan.

Hours of Operation 7:00 a.m. to 11:00 p.m.
4 Z-S-2023-0001MobileFoodTruckCCmtg6-12-23(klk)

The Food Trucks would need to be set back at least 300 feet away from an existing restaurant or coffee shop, as defined by the Simi Valley Municipal Code. This would include drinking establishments that serve food; this does not include grocery stores and supermarkets. The suggested 300- foot buffer proposed by the City’s Economic Development Division and the Planning Commission is meant to offset any negative impacts to existing brick-and-mortar restaurants within the vicinity of F ood Truck operations. Figures 1 and 2 provide examples of the Target Shopping Center on Cochran Street of setbacks of 200 feet and 300 feet from existing restaurants and coffee shops.

The green arrows indicate where a food truck may establish operations. As shown, the lower the distance threshold requirements, the more space and opportunities are available for food truck operations. The City Council may wish to consider reducing that radius to open up more of the commercial areas to stimulate operations.

Figure 1 - 200 foot radius from existing restaurants and coffee shops.

5 Z-S-2023-0001MobileFoodTruckCCmtg6-12-23(klk)

Figure 2 - 300 foot radius from existing restaurants and coffee shops.

The findings and supporting evidence for approval of Z-S-2023-0001 are provided in the Planning Commission’s staff report, and incorporated herein by reference (refer to Exhibit 2).

The following alternatives are available to the City Council:

1. The P lanning Commission recommends that the City Council introduce an ordinance amending portions of Title 9 of the Simi Valley Municipal Code (Z -S- 2023-0001), to allow Type 4 Mobile Food Facilities, or “Food Trucks” to operate on commercial and industrial properties with a Temporary Use Permit;

2. Do not introduce an ordinance and provide staff with further direction.

The Planning Commission recommends Alternative No. 1.

6 Z-S-2023-0001MobileFoodTruckCCmtg6-12-23(klk)

SUGGESTED CITY COUNCIL MOTION

I move to introduce Ordinance No. 1350 amending portions of Title 9 of the Simi Valley Municipal Code (Z-S-2023-0001), to allow Type 4 Mobile Food Facilities, or “Food Trucks” to operate on commercial and industrial properties with a Temporary Use Permit , and a determination that the amendments are exempt from the California Environmental Quality Act.

SUMMARY

At the request of city residents and businesses, staff initiated a Development Code Amendment (Z-S-2023-0001), to allow Type 4 Mobile Food Facilities, or “food trucks” to operate on commercial and industrial properties with a one- year Temporary Use Permit (TUP), similar to other types of food facilities (e.g. coffee carts, hot dog carts, flower sales). These facilities would be located on private developed property with surplus parking spaces. The Planning Commission heard the item on March 1, 2023, and recommended approval by a 5-0 vote with the amendment to restrict hours of operation to between 7:00 a.m. to 11:00 p.m. The Planning Commission recommends that the City Council introduce an ordinance and determine that the amendments are exempt from the California Environmental Quality Act.

____________________________________
Stratis Perros
Environmental Services Director

Prepared by: Zarui Chaparyan, Associate Planner

INDEX Page

Public Hearing Procedure……………………………………………………………8
Ordinance No. 1350 for Z-S-2023-0001………………………………………….. 10 Attachment A – CEQA Notice of Exemption……………………………………...15 Exhibit 1 – March 1, 2023 Planning Commission Resolution and Minutes.......16 Exhibit 2 – March 1, 2023 Planning Commission Staff Report…………………27 7 Z-S-2023-0001MobileFoodTruckCCmtg6-12-23(klk)

PUBLIC HEARING PROCEDURE

HEARING DATE: June 12, 2023

1. CITY CLERK: This is the time and place set for a public hearing to consider City-initiated Municipal Code amendment (Z-S-2023-0001), to revise portions of Title 9 of the Simi Valley Municipal Code to allow for Type 4 Mobile Food Facilities (“food trucks”) on commercial and industrial properties, and a determination that the project is exempt from the California Environmental Quality act; and introduction of an ordinance (Read by City Clerk including reading of Resolution AND/OR Ordinance
if applicable)

2. MAYOR
: May we have an oral report on this matter by staff?

3. STAFF
: (Report)

4. MAYOR
: Any questions of staff from City Council Members?
(Questions of staff and staff response)

5. MAYOR
: At this time I would like to open the hearing for anyone in the City Council Chambers wishing to be heard on this matter?

6. AUDIENCE: Public Testimony and Comments

7. MAYOR: Does staff desire to respond to any comments or issues raised?

8. STAFF: (Response to comments and additional City Council questions)

9. MAYOR: The hearing is now closed.

10. MAYOR
: Any further comments or questions from City Council
Members? (Note: If the City Council has any further questions of staff, the Public Hearing may need to be re-opened.)

11. MAYOR: I will now entertain a motion.

12. ANY COUNCIL
MEMBER : City Council Actions (by motion of any Council Member):

1) Introduce, modify, or not introduce Ordinance No. 1350 (does not
require a second or a vote; requires reading of
ordinance);

* Any action to refer the matter back to staff or to continue the matter requires a second and a vote.
8 Z-S-2023-0001MobileFoodTruckCCmtg6-12-23(klk)

13. ANY COUNCIL
MEMBER : Second

14. MAYOR: (Call for vote)

15. MAYOR
: Proceed to the next item.

9 Z-S-2023-0001MobileFoodTruckCCmtg5-15-23(klk)
O
RDINANCE NO. 1350
A

N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY FOR CITY -INITIATED MUNICIPAL CODE
AMENDMENT (Z-S-2023-0001), TO REVISE PORTIONS OF
TITLE 9 OF THE SIMI VALLEY MUNICIPAL CODE TO
ALLOW FOR TYPE 4 MOBILE FOOD FACILITIES (“FOOD
TRUCKS”) ON COMMERCIAL AND INDUSTRIAL
PROPERTIES; AND A DETERMINATION THAT THE

PROJECT IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
W
HEREAS, in an effort to promote additional dining options in Commercial and Industrial properties, the City of Simi Valley proposes to amend Title 9 of Development Code (SVMC) (Z-S-2023-0001), to allow for Type 4 Mobile Food Facilities (“Food Trucks”) on commercial and industrial properties with a Temporary Use Permit when in compliance with certain standards; and
W
HEREAS, on March 1, 2023, the Planning Commission of the City of Simi Valley held a public hearing and recommended approval as amended of Z-S-2023-0001; and the determination that the project is exempt from the California Environmental Quality Act; and
W
HEREAS, on June 12, 2023, the City Council held a duly noticed public hearing on the proposed ordinance, where they considered evidence and testimony presented; and
W
HEREAS, this ordinance is exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100 et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 1500, et seq.) pursuant to the provisions of Section 15061(b)(3) which states that “A project is exempt from CEQA if the activity is covered by the general rule of CEQA that applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” NO

W, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:

S
ECTION 1. The findings in the Planning Commission staff report dated March 1, 2023, and the recitals set forth above are hereby adopted as findings.

S
ECTION 2. Various sections of Title 9 of the SVMC dealing with Mobile Food Facilities are hereby amended as shown in Exhibit A, attached hereto. 10 Z-S-2023-0001MobileFoodTruckCCmtg5-15-23(klk)
SECTION 3. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City.

SECTION 4. Incompatible Provisions. To the extent of any provision of this ordinance is incompatible with or at variance with any prior adopted ordinance or resolution, the provision of this Ordinance shall take precedence.

SECTION 5 . Severability. If any provi sion of this ordinance is declared invalid by a court of competent jurisdiction, adjudicated to a final determination, the City Council finds that said voided part is severable, that the City Council would have adopted the remainder of this ordinance without the severed and voided part, and that the reminder of this ordinance shall remain in full force and effect.

SECTION 6. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

PASSED and ADOPTED this ________ day of ________ 2023.

Attest:

Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California

Approved as to Form: Approved as to Content:

David L. Caceres, City Attorney Brian Paul Gabler, City Manager

Stratis Perros
Environmental Services Director

11 ORD. NO. 1350

Z-S-2023-0001MobileFoodTruckCCmtg5-15-23(klk)

EXHIBIT A

Amendments to the following sections of Title 9 of the Simi Valley Municipal Code are shown below. Revised code sections are shown as underlined text. Deletions are shown as strikethrough text.

Part 1
SVMC – 9-52.080 - Temporary Use Permits, is hereby amended to read as follows (Note that only the sections that are being modified are shown) I. Use-specific standards. The following use- specific standards shall apply, as applicable to the temporary use/activity:

9. Mobile food vendors

a. Standards. The maximum vending/display area per mobile food vendor must not exceed 400 800 square feet of parking, provided that the required number of parking spaces already exists on the subject property to meet this requirement. The vending/display area, including the vehicle and accessory items must not encroach on any handicapped access path of travel, or be located within required zoning setbacks, loading zones, drive- through lanes, dr iveways, fuel pump queuing areas, or landscaped planters. Outdoor tables, chairs, and shade umbrellas may be allowed within the approved display area. The vehicle and the accessory items must be reviewed and approved by the City to be aesthetically compati ble with the surroundings. There shall be at least 4 feet of clearance to the sky around vendor vehicle(s) for pedestrian access, and mobile food vendors may not impede vehicular or pedestrian circulation on the proposed site. A dimensioned site plan showi ng the proposed display area and surrounding site layout within 100 300 feet of the display area must be submitted with the TUP application.
b. Allowed locations. CPD, CN, CO, CR, AI, LI, GI, CI, BP, SR, and RCC zoning districts. The location must have an approved Planned Development Permit or Conditional Use Permit for the primary structure(s) on the site , and must be setback at least 300 feet away from any restaurant, or coffee shop. One mobile food vendor may be allowed for developments up to 150,000 square feet of gross floor area on private non-residential property. One additional mobile food vendor may be allowed for developments that exceed 150,000 square feet of gross floor area.
c. Duration. No permit shall last longer than twelve ( 12) months. One permit shall be required per location.
d. Parking. To be determined by the Director, in compliance with Chapter 9-34 (Parking and Loading Standards).
12 ORD. NO. 1350

Z-S-2023-0001MobileFoodTruckCCmtg5-15-23(klk)
e. Permits and fees. A Temporary Use Permit and associated fee are required from each applicant for mobile food vendors.
f. Permit review. All mobile food vendor TUPs shall be subject to review by the Director as the result of any complaint by any person affected by the operation of the TUP, or for any violations of the TUP approval or conditions of approval, changes t o the provisions of the General Plan, Development Code regulations, or development guidelines applicable to the property since the approval of the TUP. If the Director determines that sufficient evidence exists to substantiate a complaint, that changes to the property have occurred to render the TUP not in conformance with the Municipal Code, or that TUP provisions or conditions have been violated, then the TUP may be revoked and the permittee may be ineligible for additional mobile food vendor TUPs. g. Other.
(1) Property owner consent. Written property owner's (or agents thereof) consent for the applicant to operate the use, including duration, is required. Approval shall be notarized.
(2) County health permits. A Ventura County health permit is required for the mobile food vending vehicle. The TUP is limited to utilization of a vehicle classified by the County of Ventura as a Mobile Food Facility Type 1, Type 2, or Type 3. Type 4 Mobile Food Preparation Units defined by the County of Ventura are not allowed . This permit is allowed for the utilization of a vehicle classified by the County of Ventura as a Mobile Food Facility Type 1, Type 2, or Type 3 and Type 4.
(3) Business tax certificate. A City business tax certificate is required to be submitted with the TUP applic ation.
(4) Removal of food vending vehicles and equipment and hours of operation. Food vending vehicles (including pushcarts and, trailers, and motorized vehicles ), tables, chairs, umbrellas, and accessory equipment must be removed from the Planned Development or Conditional Use Permit premises during non- business operation hours of the Mobile Food Facility. The Mobile Food Facility may only operate between the hours of 7:00 a.m. and 11:00 p.m. Friday to Sunday, and only between the hours of 7:00 a.m. and 10:00 p.m.

Monday to Thursday, pursuant to SVMC Chapter 5-16.
(5) Signage. One sign not to exceed 12 square feet may be affixed to the vehicle. Free-standing signage shall not be allowed. (6) Amplified music. No amplified music may be allowed as part of the TUP.

13 ORD. NO. 1350

Z-S-2023-0001MobileFoodTruckCCmtg5-15-23(klk)
(7) Lighting. When operating in hours of darkness, the mobile food facility shall be situated in an area that is in compliance with SVMC Section 9-30.040 – Exterior Light and Glare. The mobile food facility shall not create additional glare beyond these standards.
(8) Vehicle Registration. A valid vehicle DMV registration shall be provided as part of the application.
(9) Trash. Site plan shall also show vendor(s) within 30 feet of a trash container. If center does not provide trash containers, Food Truck operator shall be responsible for providing trash containers, and obtain approval from property owner to do so.

Part 2
9-80.020 - Definitions of Specialized Terms and Phrases As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise.

M. Definitions, “M.”
Mobile Food Facility. A vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. Ventura County defines four types of Mobile Food Facilities. Examples include:
- Type 1:
o Produce truck
o Bread/baked goods truck
- Type 2:
o Ice cream truck/cart
o Push cart
o Cold/hot trucks
o Catering truck with only packaged food
o Pizza truck
o Grocery truck with eggs, cheese or milk
- Type 3:
o Hot dog cart/trailer
o Coffee cart
o Churro/pretzel cart
o Popcorn cart
o Shaved ice cart
- Type 4:
o Catering truck
o Soft serve ice cream truck
o Mobile kitchen trailers
o Food truck

Mobile Food Vendor. Any person(s) or business that sells any food or non- alcoholic drinks by means of a motorized or non- motorized vehicle, such as catering truck, food truck, or other traveling method. Does not include a transporter used to transport packaged food from a food facility, or other approved source to the consumer. Mobile Food Vendor shall be classified by the County of Ventura as a Mobile Food Facility Type 1, Type 2, or Type 3 and Type 4. 14 ORD. NO. 1350

ATTACHMENT A
Z-S-2023-0001MobileFoodTruckCCmtg5-15-23(klk)

NOTICE OF EXEMPTION

To: County Clerk From: City of Simi Valley
County of Ventura 2929 Tapo Canyon Road
800 S. Victoria Avenue Simi Valley, CA 93063
Ventura, CA 93001

Project Title: Z-S-2023-0001

Project Location - Specific:

City Wide

Project Location - City: Simi Valley Project Location - County:

Ventura

Description of Nature, Purpose, and Beneficiaries of Project: Z-S-2023-0001 would amend portions of Title 9 to update regulations for mobile food vendors (food trucks)

Name of Public Agency Approving Project: City of Simi Valley Date of Approval

Name of Person or Agency Carrying Out Project: City of Simi Valley

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 and section number
Statutory Exemption. State code number
Common Sense Exemption [Sec. 15061(b)(3)]

Text of exemption and reasons why project is exempt:

“A project is exempt from CEQA if the activity is covered by the general rule of CEQA that applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”

The proposed amendments to the Development Code provide minor modifications or clarifications to existing regulations for temporary uses. Therefore, the project would not have a significant effect on the environment and is exempt from further review under CEQA.

Lead Agency Contact Person: Zarui Chaparyan Area Code/Telephone:
(805) 583-6774

Signature: Date: 02/22/2023 Title:

Assistant Planner
Zarui Chaparyan

Signed by Lead Agency
Date received for filing at OPR:

Signed by Applicant
15 EXHIBIT 1

PLANNING COMMISSION RESOLUTION

AND MEETING MINUTES
MARCH 1, 2023
16 RESOLUTION NO. SVPC 03-2023

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SIMI VALLEY RECOMMENDING TO THE

CITY COUNCIL APPROVAL OF DEVELOPMENT CODE
AMENDMENT Z-S-2023-0001 AMENDING PORTIONS OF
TITLE 9 OF THE SIMI VALLEY MUNICIPAL CODE (SVMC)

REGARDING MOBILE FOOD VENDOR STANDARDS ON

PRIVATE COMMERCIAL AND INDUSTRIAL PROPERTIES
TO ALLOW FOR TYPE 4 MOBILE FOOD FACILITIES
('FOOD TRUCKS'); AND A DETERMINATION THAT THE

PROJECT IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT, AS AMENDED
WHEREAS, the City of Simi Valley proposes amendments (Z-S-2023-0001) to portions of the Simi Valley Municipal Code (SVMC) Title 9 for the purposes of updating regulations for mobile food vendor standards on private commercial and industrial properties to allow for Type 4 Mobile Food Facilities ('food trucks'); and WHEREAS, SVMC Section 9-73.050 authorizes the Planning Commission to make a written recommendation to the City Council whether to approve, approve in modified form, or disapprove the proposed amendment, based u pon the findings contained in SVMC Section 9-73.070; and
WHEREAS, oh March 1, 2023, a duly-noticed public hearing was held before the Planning Commission to consider evidence and public testimony on the proposed amendments, and whether the amendments satisfied the findings as required under SVMC Section 9-73.070; and
WHEREAS, on March 1, 2023, Planning Commission requested amendments to the proposed text to include non-business hours between 7 a.m. to 11 :00 p.m.; and
WHEREAS, Planning Commission considered whether the proposed amendments are exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 21000, et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) pursuant to Government Code Section 15061 (b)(3), and whether the amendments are covered by the Common Sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
SIMI VALLEY DOES RESOLVE AS FOLLOWS:

SECTION 1. The Planning Commission exercises its independent judgement and finds that the proposed amendment is not subject to environmental review 2S20230001 PC Staff Report (nm)
17 RES. NO. SVPC 03-2023
under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15061 (b)(3), because it can be seen with certainty that the proposed amendment has no possibility of a significant effect on the environment. This proposed amendments provide minor modifications or clarifications to existing regulations for temporary uses.

SECTION 2. Based upon the staff report, the evidence, the public testimony, and the entire record before it, the Planning Commission finds that the proposed amendment meets the findings required under SVMC Section 9-73.070, and as such, recommends that the City Council adopt Development Code Amendment Z-S- 2023-0001, as specified in the attached Exhibit A.

SECTION 3. The time within which judicial review must be sought for administrative decisions is governed by California Code of Civil Procedure Section 1094.6.

PASSED and ADOPTED this 1st day of March 2023.

Attest:

Assistant Planner
ApM as to Form:
��)
David Caceres
City Attorney
2S20230001 PC Staff Report (nm)
--
»�
/' Jo.Kn Tolson, Chairperson
(anning Commission
Approved as to Content:

Sean Gibson
Deputy Environmental Services Director/
City Planner
2 18
RES. NO. SVPC 03-2023
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Simi Valley, California, at a regular meeting held on March 1, 2023 by the following vote:

AYES: Commissioners Mayer, Mann, and Kennedy; Vice Chairperson Rice; Chairperson Tolson
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST:

N4'is�
Assistant Planner
ZS20230001 PC Staff Report (nm)
3 19
RES. NO. SVPC 03-2023

4 ZS20230001 PC Staff Report (nm)

EXHIBIT A

Updates to Temporary Use Permits for Mobile Food Vendors

Amendments to the follo wing sections of Title 9 of t he Simi Valley Municipal Code are shown below. Revised code sections are shown as underlined text. Deletions are shown as strikethrough text.

Part 1
SVMC – 9-52.080 - Temporary Use Permits, is hereby amended to read as follows (Note that only the sections that are being modified are shown) I. Use-specific standards. The following use-specific standards shall apply, as applicable to the temporary use/activity:

9. Mobile food vendors

a. Standards. The maximum vending/display area per mobile food vendor must not exceed 400 800 square feet of parking, provided that the required number of parking spaces already exists on the subject property to meet this requirement. The vending/display area, including the vehicle and acce ssory items must no t encroach on any handicapped access path of travel, or be located within required zoning setbacks, loading zo nes, drive-through lanes, driveways, fuel pump queuing areas, or landscaped planters. Outdoor tables, chairs, and shade umbrellas may be allowed within the approved display area. The vehicle and the accessory items must be reviewed and approved by the City to be aesthetic ally compatible with the surroundings. There shall be at least 4 feet of clearance to the sky around vendor vehicle(s) for pedestrian access, and mobile food vendors may not impede vehicular or pedestrian circulation on the proposed site. A dimensioned site plan showing the proposed display area and surrounding site layout within 100 300 feet of the display area must be submitted with the TUP application.
b. Allowed locations. CPD, CN, CO, CR, AI , LI, GI, CI, BP, SR, and RCC zoning districts. The location must have an approved Planned Development Permit or Conditional Use Permit fo r the primary structure(s) on the site, and must be setback at least 300 feet away from any restaurant, or coffee shop. One mobile food vendor may be allowed for developments up to 150,000 square feet of gross floor area on private non-residential property. One additional mobile food vendor may be allowed for developments t hat exceed 150,000 square feet of gross floor area.
c. Duration. No permit shall last longer t han twelve (12) months. One permit shall be required per location.
d. Parking. To be determined by the Director, in compliance with Chapter 9-34 (Parking and Loading Standards).
20 RES. NO. SVPC 03-2023

5 ZS20230001 PC Staff Report (nm)
e. Permits and fees. A Temporary Use Permit and associated fee are required from each applicant for mobile food vendors.
f. Permit review. All mobile food vendor TUPs shall be subject to review by the Director as the result of an y complaint by any person affected by the operation of the TUP, or for any violat ions of the TUP approval or conditions of approval, changes to the prov isions of the General Plan, Development Code regulation s, or development guidelines applicable to the property since the app roval of the TUP. If the Director determines that sufficient evidence exists to su bstantiate a complaint, that changes to the prope rty have occurred to render the TUP not in conformance with the Municipal C ode, or that TUP provisions or conditions have been viol ated, then the TUP may be revoked and the permittee may be ineligible for a dditional mobile food vendor TUPs. g. Other.
(1) Property owner cons ent. Written property owner's (or agents thereof) consent for the applicant to operate the use, including duration, is required. Approv al shall be notarized.
(2) County health permits. A Ventura County healt h permit is required for the mobile food v ending vehicle. The TUP is limited to utilization of a vehicle classified by the County of Vent ura as a Mobile Food Facility Type 1, Type 2, or Type 3. Type 4 Mobile Food Preparation Units defined by the County of Ventura are not allowed. This permit is allowed for the utilization of a v ehicle classified by the County of Ventura as a Mobile F ood Facility Type 1, Type 2, or Type 3 and Type 4.
(3) Business tax certificate. A City busi ness tax certificate is required to be submitted with the TUP application.
(4) Removal of food vending vehicles and equipment and hours of operation. Food vending vehicles (inc luding pushcarts and, trailers, and motorized vehicles), tables, chairs, umbr ellas, and accessory equipment must be removed from the Planned Development or Conditional Use Permit premises during non-business operation hours of the Mobile Food Facility. The Mobile Food Facility may only operate between the hours of 7:00 a.m. and 11:00 p.m.
(5) Signage. One sign not to exceed 12 square feet may be affixed to the vehicle. Free-standing signage shall not be allowed. (6) Amplified music. No amplified music may be a llowed as part of the TUP.
(7) Lighting. Lighting on and associ ated with the food truck shall meet City’s light and glare requirement s pursuant to SVMC Section 9-

30.040.
(8) Vehicle Registration. A valid v ehicle DMV registration shall be 21 RES. NO. SVPC 03-2023

6 ZS20230001 PC Staff Report (nm)
provided as part of the application.
(9) Trash. Site plan shall also show vendor(s) within 30 feet of a trash container. If center does not provide trash containers, Food Truck operator shall be responsible for providing trash containers, and obtain approval from property owner to do so.

M. Definitions, “M.”
Mobile Food Facility. A vehicle used in conjunction with a commissary or other permanent food facility upon wh ich food is sold or dist ributed at retail. Ventura County defines four types of Mobile Food Facilities. Examples include:
- Type 1:
o Produce truck
o Bread/baked goods truck
- Type 2:
o Ice cream truck/cart
o Push cart
o Cold/hot trucks
o Catering truck with only packaged food
o Pizza truck
o Grocery truck with eggs, cheese or milk
- Type 3:
o Hot dog cart/trailer
o Coffee cart
o Churro/pretzel cart
o Popcorn cart
o Shaved ice cart
- Type 4:
o Catering truck
o Softserve ice cream truck
o Mobile kitchen trailers
o Food truck

Mobile Food Vendor. Any person(s) or business t hat sells any food or non- alcoholic drinks by means of a motoriz ed or non-motorized vehicle, such as catering truck, food truck, or other traveling method. Does not include a transporter used to transport packaged food from a food facility, or other approved source to the consumer. Mobile Food Vendor shall be classified by the County of Ventura as a Mobile Food Facility Type 1, Type 2, or Type 3 and Type 4. 22 MINUTES OF THE MEETING OF THE

PLANNING COMMISSION

MOBILE HOME RENT MEDIATION BOARD

TREE ADVISORY BOARD

City Council Chamber March 1, 2023
2929 Tapo Canyon Road
Simi Valley, CA 93063

1. CALL TO ORDER
The regular meeting of the Planning Commission of the City of Simi Valley was called to order at 6:31 p.m.

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

Present: Commissioners Mayer, Mann, and Kennedy; Vice Chairperson Rice; Chairperson Tolson

Absent: None

4. APPROVAL OF AGENDA
It was the consensus of the Commission to approve the agenda as submitted.

5. APPROVAL OF MINUTES – December 7, 2022
It was the consensus of the Commission to approve the minutes as submitted.

6. DECLARATION OF CONFLICT – None

7. PUBLIC STATEMENTS – None

8. CORRESPONDENCE – None

9. CONSENT CALENDAR
A. Approval of General Plan Annual Progress Report Calendar Year 2022 for submission to the City Council.

23 Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 2 March 1, 2023

It was the consensus of the Commission to approve the Consent Calendar as submitted.

10. CONTINUED BUSINESS
A. PUBLIC HEARINGS - None
B. OTHER – None

11. NEW BUSINESS
A. PUBLIC HEARINGS

1. Z-S- 2023-0001; City of Simi Valley : To consider City -initiated Simi Valley Municipal Code Amendments (Z -S-2023-0001) to amend portions of Title 9 to update regulations for mobile food vendors (food trucks); and a determination that the amendments are exempt from the California Environmental Quality Act.

Location: Citywide
Staff Contact: Zarui Chaparyan
(805) 583-6774

There were no ex parte communications to report.

Deputy Environmental Services Director/City Planner Sean Gibson gave a brief overview of the project.

Assistant Planner Zarui Chaparyan gave a presentation of the staff report.

The Commission voiced their concerns and questions.

Staff responded to questions from Commissioners.

Chairperson Tolson opened the public testimony portion of the hearing.

Richard Perini voiced concerns regarding code enforcement and taxes for food trucks. Mr. Perini asked for clarification on where food trucks are currently allowed.

Chairperson Tolson closed the public testimony portion of the hearing.

Commissioner comments:
24 Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 3 March 1, 2023

The Commission discussed current brick and mortar restaurants, code enforcement issues, the 300 foot radius buffer from existing restaurants and coffee shops, the definition of restaurants, the hours of operations, and trash.

The Commission discussed an amendment to include limiting hours of operation, from 7:00 a.m. to 11:00 p.m.

COMMISSIONER MAYER MOVED THAT THE

PLANNING COMMISSION OF THE CITY OF SIMI

VALLEY RECOMMNED TO THE CITY COUNCIL

APPROVAL OF DEVELOPMENT CODE
AMENDMENT Z -S-2023-0001 AMENDING
PORTIONS OF TITLE 9 OF THE SIMI VALLEY

MUNICIPAL CODE (SVMC) REGARDING MOBILE

FOOD VENDOR STANDARDS ON PRIVATE

COMMERCIAL AND INDUSTRIAL PROPERTIES TO
ALLOW FOR TYPE 4 MOBILE FOOD FACILITIES
(‘FOOD TRUCKS’); AND A DETERMINATION THAT

THE PROJECT IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT AS AMENDED

Commissioner Mann seconded the motion.

AYES: Commissioners Mayer , Mann, and
Kennedy; Vice Chairperson Rice; and
Chairperson Tolson

NAYS: None

ABSTAIN: None

ABSENT: None

There is no appeal period for Z-S- 2023-0001 and the
item will proceed to the City Council with the Planning Commission’s recommendation.

B. OTHER – None

12. ORAL COMMUNICATIONS AND REPORTS
A. STAFF
Deputy Environmental Services Director/City Planner Sean Gibson informed the Commission it is anticipated to cancel the March 8, 2023 25 Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 4 March 1, 2023

Planning Commission Meeting, making the next schedule meeting March 29, 2023.

B. PLANNING COMMISSION – None
C. MOBILE HOME RENT MEDIATION BOARD – None
D. TREE ADVISORY BOARD – None

13. ADJOURNMENT
The regular meeting of the Planning Commission of the City of Simi Valley was adjourned at 7:12 p.m. The next scheduled Planning Commission meeting is on March 8, 2023.

Minutes prepared by:

Neal Morrissette
26 EXHIBIT 2

PLANNING COMMISSION STAFF REPORT
MARCH 1, 2023
27 ZS20230001 PC Staff Report (nm)

CITY OF SIMI VALLEY

MEMORANDUM

March 01, 2023

TO: Planning Commission

FROM: Department of Environmental Services

SUBJECT: A PUBLIC HEARING TO CONSIDER CITY-INITIATED SIMI VALLEY MUNICIPAL CODE AMENDMENTS ( Z-S-2023-0001) TO AMEND
PORTIONS OF TITLE 9 TO UPDATE REGULATIONS FOR MOBILE
FOOD VENDORS (FOOD TRUCKS) ; AND A DETERMINATION THAT

THE AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

RECOMMENDATION

It is recommended that the Planning Commission recommend to the City Council approval of Z-S-2023-0001 to amend portions of Title 9 of the Simi Valley Municipal Code (SVMC) related to updating regulations for mobile food vendor standards on commercial and industrial properties to allow for Type 4 Mobile Food Facilities (‘food trucks’) , and a determination that the amendments are exempt from the California Environmental Quality Act.

BACKGROUND AND OVERVIEW

The purpose of the proposed revisions is to allow for the temporary operation of Type 4 Mobile Food Facilities, commonly known as “food trucks,” in the City on commercial and industrial properties. Staff has received inquiries on the City’s allowance of food trucks from interested parties for temporary and long-term operation on private property. Food trucks provide City residents with access to diverse dining opportunities while providing opportunities for entrepreneurship, stimulating economic growth and tax revenues for the City of Simi Valley. The City has received several inquiries to allow food trucks to be parked on private property in conjunction with another on-site business for longer periods of time.

Table 1 provides more information on the different types of mobile food facilities.

Currently, Types 1, 2 and 3 Mobile Food Facilities are allowed to operate on private commercial and industrial properties in the City of Simi Valley via the issuance of a Temporary Use Permit (TUP) (SVMC Section 9 -52.080). Type 4 Mobile Food Facilities/food trucks are not allowed to operate in the City independently, unless part of a group assembly TUP or unless located on certain School District or Park District properties as part of special events. In order to encourage food trucks to operate in the City as their own entities , staff is bringing forth code amendments for Planning Commission’s consideration, including amendments to the Temporary Use Permit requirements and updates to definitions.

AGENDA ITEM NO.

11.A.1

28 2
ZS20230001 PC Staff Report (nm)

Table 1: Types of Mobile Food Facilities and current permitting requirements in the City of Simi Valley
Mobile Food
Facility
Definition/Examples Allowed with
Temporary
Use Permit?
Duration
of Permit
Type 1 Type 1 permit is limited to the retail
sale of uncut produce and pre-
packaged non-potentially
hazardous foods, not requiring
refrigeration only. (i.e. produce
truck)
Yes 12 months
Type 2 Type 2 permit is limited to the sale
of prepackaged foods and bulk
dispensing of non-potentially
hazardous beverages. (i.e. Ice
Cream truck/cart, push carts,
cold/hot trucks, catering truck with
only packaged food, fish truck)
Yes 12 months
Type 3 Type 3 Mobile Food Facilities
include hot dog cart/trailer,
coffee/cappuccino cart/trailer,
churro/pretzel cart, roasted
almonds cart, kettle corn/popcorn
cart, shaved ice cart.

Yes 12 months
Type 4 Type 4 Mobile Food Facilities
include Catering Truck, Soft serve
Ice Cream Truck, Mobile Kitchen
Trailers
No NA

The food truck industry saw an annual growth rate of 7.5% between 2015 and 2020 in the United States, with the industry growing to be a two billion dollar industry and providing average yearly revenues of $290,000 per truck . Food trucks provide opportunities for entrepreneurs to become first time restaurant owners due to their relatively low start -up costs. Some brick and mortar restaurants also expanded to food trucks and carts as a source of supplemental income during the COVID -19 pandemic, when dine-in options were limited.1

The food truck industry has become popular with consumers as it offers a convenient means of accessing new and unique cuisines at affordable prices. Food trucks can also generate foot traffic and customers for shopping centers , which will help support local businesses and the local economy.

1 Food Truck Industry Trends in 2022 & Beyond . Available https://www.chefstore.com/about/blog/food- truck-industry-trends-in-2022-beyond/
29 3
ZS20230001 PC Staff Report (nm)
Since 2011, the City has issued six (6) TUPs for Types 1, 2, and 3 Mobile Food Facilities, and since 2012, the City has issued 13 TUPs for group assemblies, which include d food trucks. With 19 TUPs in over 10 years, an update to the amendment to allow Type 4 Mobile Food Facilities, or food trucks alone (outside of a group assembly scenario), can spark economic development in the City and bring new opportunities to residents . In addition, food trucks are a compatible use with the 2021 adopted ordinance that allows the operation of microbreweries, wineries and distilleries within the City, allowing different types of businesses to benefit economically from one another.

Staff surveyed a number of cities in Southern California to determine their rules and regulations on allowing mobile food vendors, specifically Type 4 Mobile Food Facilities/food trucks in developing the code amendments. Staff findings are summarized with each proposed code item in the Analysis Section of this report.

ANALYSIS

Proposed Municipal Code Amendments

The purpose of the proposed standards is to encourage and attract the independent operation of Type 4 Mobile Food Facilities/food trucks in the City on certain commercial and industrial properties, while attracting new business opportunities to the City . Mobile food vendors provide an amenity to patrons by offering diverse and affordable dining opportunities and a new tax revenue source for the City.

The following provides information on other jurisdiction’s regulations on mobile food vendors and summarizes the proposed Municipal Code text amendments for regulating mobile food vendors within the City, which are further identified in Exhibit A of the attached ordinance.

1. Allowed uses and permitting requirements

A number of cities allow Type 4 Mobile Food Facilities /food trucks though their permitting requirements and allowable zones vary. See Attachment B, Food Truck Research.

 Oxnard, Glendale and San Fernando do not have a written policy for mobile food vendors, and permit them to operate via a Business Tax Certificate or clearance from the local Fire Department.

 Ventura, Moorpark, and South Pasadena require TUPs, but limit the TUP duration to between three (3) and six (6) months.

 Moorpark and Thousand Oaks allow mobile food vendors to apply for Administrative Action entitlements to allow the use and operation for one (1) year.

 Other cities do not limit food trucks to specific zones.

30 4
ZS20230001 PC Staff Report (nm)
Land Use: Mobile Food Vendors (Types 1 -3) are currently allowed in most commercial and industrial zones in the City , including CPD, CN, CO, CR, AI, LI, GI, CI, BP, SR, and RCC. The proposed code amendment would and allow Type 4 Mobile Food Facilities as a use in all of these zones, such that Type 4 Mobile Food Facilities operate at least 300 feet from any other restaurant or coffee shop as defined by the Simi Valley Municipal Code . The suggested 300-foot buffer is proposed for Planning Commission revi ew to offset any potential competition issues with “brick and mortar” restaurants either on site or on an adjacent property.

Entitlement Process: Staff’s research concluded that the most effective means of approving mobile food vendors is with the issuance of a Temporary Use Permit (TUP). Simi Valley currently issues TUPs for the other types of mobile food vendors for a 12 month duration (See Table 1 above) . The proposed code amendment would allow Type 4 Mobile Food Facilities to operate with an approved TUP on all commercial and industrial zoned properties for a duration of up to 12 months and only issue one (1) TUP per location of operation . A TUP application will require that a site plan be submitted to Staff for review, and include the following:

 A 300 foot radius surrounding the area of food truck operation. Current code requires only 100 feet of display area for a TUP. The increase in area will allow a better understanding of surrounding uses and zoning for Staff to develop relevant conditions for a proposed food truck TUP. This would allow staff to mitigate potential traffic circulation or pedestrian access issues or impacts to residential uses. It would also allow staff to determine proximity to other restaurants, outdoor dining areas and coffee shops.

 Proposed signage, demonstrate adequate parking, and any proposed lighting that would meet City’s standards.

2. General Standards

The proposed code amendment will include specific standards for operation as detailed below (Refer to Table 2 for a Summary):

 Notarized property owner approvals as required by most of the cities that were surveyed will be required.

 The proposed code amendment would increase the allowable display area (i.e. the area the operation occupies) fr om 400 square feet to 800 square feet. Other cities surveyed did not identify limits to food truck display areas.

Staff finds that a modification to increase the display area would allow food truck operations to provide limited outdoor seating and space for additional equipment.

 There shall be at least four (4) feet of clearance to the sky around vendor vehicle(s) for pedestrian access, and mobile food vendors may not impede vehicular or pedestrian circulation on the proposed site. This is a requirement imposed by the cities of Thousand Oaks, Santa Paula, Santa Clarita and South Pasadena.

31 5
ZS20230001 PC Staff Report (nm)
 The site must be within 30 feet of discard/trash containers in order to avoid littering. South Pasadena and Santa Clarita do not identify a distance to discard/trash containers, but do require that a) the area of operation is kept in a neat and sanitary manner, and b) there be discard/trash containers in the immediate vicinity of (a) food truck(s).

 Mobile food vendors must leave each night with their equipment and cannot park on the subject property it serves overnight. Cities like Moorpark and Thousand Oaks do not have an overnight parking restriction, but through their codes, explicitly require that food truck operations remain between 9 a.m. and 7 p.m. In addition, Thousand Oaks does not allow food truck parking in a single area for more than four (4) continuous hours.

 No free standing signs will be approved as part of the TUP.

 Lighting on and associated with the food truck shall meet City’s light and glare requirements pursuant to SVMC Section 9 -30.040. Of the cities staff researched, South Pasadena is the only city that requires a lighting plan.

While most of the City’s commercial a nd industrial properties are required to comply with the City’s lighting standards, and require thorough review, it would be a burden to require Food Truck vendors to provide a comprehensive photometric plan. However, a lighting plan would be appropriate as it is important to ensure that the proposed use does not add more glare and disrupt neighboring properties.

 Require current vehicle registration. This is a requirement by the City of Glendale and required by the Department of Motor Vehicles (DMV) for commercial vehicles that are designed, used, or maintained primarily to transport property or people for hire, compensation or profit.

Table 2 below provides a summary of the proposed General Standards:

Table 2: General Standards Summary
Documentation Property owner approval, County permits, Business Tax Certificate, and vehicle registration required
Allowable Zones CPD, CN, CO, CR, AI, LI, GI, CI, BP, SR, and RCC zoning districts
TUP Duration 12 months
Area 800 square feet of commercial center at least 150,000 square feet, with four feet of clearance for pedestrian access, and setback at least 300 feet from other restaurants, and coffee shops
Discard Requirements Within 30 feet of discard/trash containers Storage No overnight parking/storage onsite
Signage No freestanding signage allowed
Lighting Lighting shall meet City’s light and glare requirements (SVMC 9-30.040)

32 6
ZS20230001 PC Staff Report (nm)
The above development standards reflect common requirements for mobile food vendor operations to ensure the protection of the public . While the City of Simi Valley has an existing code for mobile food vendor operations, Staff’s research of other cities has helped to further develop the general standards for mobile food vendors and incorporate the allowance of Type 4 Mobile Food Facilities.

3. Definitions

As detailed in Exhibit A, the Municipal Code will be updated to incorporate definitions for the below terms:

 Mobile Food Facility(ies), which is/are (a) type(s) of vehicle(s) used in conjunction with a food facility where food is sold or distributed.

 Mobile Food Vendor(s), which is/are persons and/or businesses that sell food or non -alcoholic drinks by means of a motorized or non -motorized vehicle.

FINDINGS AND ALTERNATIVES

An Amendment to the Development Code must meet the following findings in SVMC Section 9-73.070:

1. The proposed ordinance is consistent with the General Plan in that the proposed amendments to the Municipal Code will provide more flexibility for business owners to create economic development and employment opportunities for the City and residents respectively. It would add interest to the streets by driving consumers to affordable and unique food options. The proposed amendments to the Development Code are compatible with the following General Plan policies:

a. General Plan Policy LU-2.4 (Employment Opportunities) states: “Provide a broad spectrum of land uses th at offer job opportunities for Simi Valley’s residents, including commercial, office, industrial, and business parks.” This amendment would attract food truck vendors to the City as a new revenue source and lower barriers to entry into the marketplace. It would also provide residents entrepreneurship opportunities and increase employment opportunities for residents.

b. General Plan Policy ED -5.2 (Retail Goods and Services) states: “Maintain competitiveness through additional retail development that provides a wide range of retail goods and services, creates local revenue sources, supports other business sectors, and provides services and convenience benefits to local residents.” This amendment would increase the range of services available to local residents, create local revenue sources and support shopping centers and other retailers by increasing foot traffic.

c. General Plan Policy LU -2.2 (Retail Services) states: “Provide for, and encourage, the development of a broad range of uses in Simi Valley’s commercial centers and corridors that reduce the need to travel to adjoining communities, and which subsequently cap ture a greater share of local 33 7
ZS20230001 PC Staff Report (nm)
spending.” This amendment would encourage more food vendors of a greater variety to operate in the City, capturing local spending and providing more employment opportunities in Simi Valley.

As detailed above, the proposed amendments to the Development Code are compatible with the City of Simi Valley’s General Plan. Therefore, this finding is met.

2. The effect of this amendment on the housing needs of the region has been considered and balanced against the public service need s of its residents and against available fiscal and environmental resources , in that the proposed amendments to the Municipal Code will not affect the housing needs of the region, and the changes are limited to commercial and industrial uses and will not a ffect other housing codes. Therefore, this finding has been met.

3. The proposed amendment does not by its terms limit the number of housing units which may be constructed on an annual basis , in that the proposed amendments are limited to commercial and indu strial uses and will not affect the number of housing units that may be constructed on an annual basis. Therefore, this finding has been met.

Environmental Review and CEQA Requirements

This ordinance is exempt from review under the California Environmen tal Quality Act (CEQA; California Public Resources Code Section 21000, et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) pursuant to Section 15061(b)(3) which states:

“A project is exempt from CEQA if the activity is covered by the general rule of CEQA that applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibili ty that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”

A copy of the Notice of Exemption is provided as Attachment A.

INDEX Page

Public Hearing Script ....................................................................................................... 8 Planning Commission Resolution .................................................................................. 10 Exhibit A: Proposed Development Code Amendments for Food Trucks ............ 13 Attachment A: CEQA Notice of Exemption .................................................................... 16 Attachment B: Food Truck Research ............................................................................ 17

34 8
ZS20230001 PC Staff Report (nm)

PLANNING COMMISSION PUBLIC HEARING PROCEDURE

HEARING DATE: March 01, 2023

Z-S-2023-0001

1. CHAIRMAN: a) This is the time and place set for a public hearing on the consideration of Z-S-2023-0001 to amend portions of Title 9 of the Simi Valley Municipal Code (SVMC) related to updating regulations for mobile food vendor standards on private commercial and industrial properties to allow for Type 4 Mobile Food Facilities (‘food trucks’) on private non-residential properties; and a determination that the project is exempt from the California Environmental
Quality Act.

b) Are there any ex parte communications to report?

c) May we have an oral report on this matter by staff?

2. STAFF: (Report)

3. ANY
COMMISSIONER: (Questions of staff)

4. CHAIRMAN: We will open the public testimony portion of the hearing.

5. CHAIRMAN: Is there anyone in the Chamber wishing to be heard on this matter?

6. AUDIENCE: (Comments)

7. CHAIRMAN: a) Are there any comments from staff regarding statements made during the public hearing? (Check with Deputy Environmental Services Director/City Planner, and staff members in the audience.)

b) If there are no further questions, we will close the public testimony portion of the hearing.

c) Are there any comments or questions from members
of the Planning Commission?

8. ANY
COMMISSIONER: (Comments)

35 9
ZS20230001 PC Staff Report (nm)

9. CHAIRMAN: May I please have a reading of the Resolution?

10. RECORDING
SECRETARY: (Reads Number and Title of Resolution)

11. CHAIRMAN: The Chair will now entertain a motion.

12. ANY
COMMISSIONER: I move to adopt a resolution recommending approval of Z-S-2023-0001 and determin ation that the amendments
are exempt from the California Environmental Quality Act

I move to not recommend City Council adoption of the
proposed amendments

[Staff will forward Planning Commission er concerns to the City Council.]

14. CHAIRMAN: A motion was made by Commissioner ___________.

15. CHAIRMAN: May I have a Second?

16. ANY
COMMISSIONER: I second the motion.

17. CHAIRMAN: Call for the vote.

18. CHAIRMAN: The motion (passes or fails).

19. CHAIRMAN: There is no Appeal period for the Zoning Text Amendment, and the item will proceed to the City
Council with the Planning Commission’s
recommendation.

20. ANY
COMMISSIONER: I move continuation of the matter until the meeting of ___.

21. ANY
COMMISSIONER: I move continuation of the matter to a date uncertain.

22. CHAIRMAN: Proceed to the next item.
36 THIS PAGE WAS INTENTIONALLY LEFT BLANK
37 ATTACHEMENT A

NOTICE OF EXEMPTION
To: County Clerk
County of Ventura
800 S. Victoria Avenue
Ventura, CA 93001
From: City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Project Title: Z-S-2023-0001
Project Location - Specific: _C=it,_W
..:....:..:cid=ee,__ _
Project Location - City: __ --=S=im'"'"'i"""'V"""a"""lle=--y.__ Project Location - County: _V~en~t=u~ra'-- -------- Description of Nature, Purpose, and Beneficiaries of Project: Z-S-2023-0001 would amend portions ofT itle 9 to update regulations for mobile food vendors (food trucks)
Name of Public Agency Approving Project: _C=ity,_o=f'--'S""i'-'-m:.:..i -=-V=a=lle""'y _ Date of Approval
Name of Person or Agency Carrying Out Project: -=-C=ity---=-of~S=i~m~i ~V=a=llec....,y~ ---------- ~ ---- Exempt Status: (check one)
D Ministerial [Sec. 21080(b)(1 ); 15268];
D Declared Emergency [Sec. 21080(b)(3); 15269(a)];
D Emergency Project[ Sec. 21080(~)(4);15269(b)(c)];
D Categorical Exemption. State type and section number _ D Statutory Exemption. State code number _
~ Common Sense Exemption [Sec. 15061(b)(3)]
Text of exemption and reasons why project is exempt:

This ordinance is exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100 et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) pursuant to Section 15061 (b)(3) which states:
"A project is exempt from CEQA if the activity is covered by the general rule of CEQA that applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." The proposed amendments to the Development Code provide minor modifications or clarifications to existing regulations for temporary uses. Therefore, the project would not have a significant effect on the environment and is exempt from further review under CEQA.

Area Code/Telephone: (805) 583-6774
D Signed by Applicant
Date received for filing at OPR: _
16 38

THIS PAGE WAS INTENTIONALLY LEFT BLANK
39 City Ordinance
/Policy?
Permitting Required
City of
Ventura
Yes - Requires:
- City of Ventura Business License.
- For up to 2 food trucks, letter from property owner allowing access to nonresidential restroom within 200’ of truck parking; parking per authorized use must be maintained on site while business in in operation. - For 3 or more trucks, require a TUP from Planning for up to 6 events a year.

Thousand
Oaks
Yes - Allowed with an Administrative Action entitlement. - Requires:
- Business license from Thousand Oaks and any other licenses required by the State of CA;
- Mobile Service Business Application;
- No truck or other vehic le shall spend more than 20 minutes at any one location within a fully constructed and improved project; - Food at catering truck activities may not be conducted in a manner which:
o Obstructs onsite circulation which blocks or interferes with convenient access to the parking lot or to individual parking spaces; o Subjects the occupants of adjacent buildings to unreasonable or unacceptable noise from radios, air horns and whistles, generators or other similar noise-generating devices.

Camarillo Yes - Food trucks are permitted on private property within active construction sites; and on private property within all Industrial Zones and the Professional Office Zone.

Food trucks are prohibited in Commercial Zones without a Special Events Permit.

Food truck vending activity must not occur in any public right-of-way outside of such private property. Food truck operators must have property owner’s authorization before entering the private property.

ATTACHEMENT B
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- All food truck operators must have a current City business tax certificate and must be in compliance with all applicable Ventura County Environmental Health Division requirements. A food truck operator that resides in the city limits may apply for a Home Occupation Permit to have a home office. The food to be distributed from the food truck may not be prepared at the residence, except as approved under a Cottage Food Permit by the City of Camarillo.

Moorpark Yes - Requires a Business Registration with the City and work with Ventura County Environmental Health regarding their requirements.
- Private Property: Temporary Use Permit (up to 90 days), with up to one extension (if approved). After that, an Administrative Permit will be required (if approved). - A vendor may not stop a vehicle for more than thirty (30) minutes in any one (1) location, unless a Temporary Use Permit has been applied for and approved.

South
Pasadena
Yes - Allowed with a TUP, which the Director may issue for a single event with a duration of more than one day, or to a mobile food vendor or a group of mobile food vendors that are part of a mobile food vending event, only if the Director determines that the following standards or requirements have been met:
- A mobile food vendor or a group of mobile food vendors that are part of a mobile food vending event may not operate for more than 12 days within a 90 -day period on any single property within the nonresidential zones. - If located within a parking lot, written permission of the property owner is required.
- Vending ve hicles shall maintain a valid Los Angeles County Department of Health permit and a valid City business license.
- Maintenance of clearly designated noncombustible waste receptacles in the immediate vicinity of the food truck sales which will reasonably accom modate the immediate waste needs, of the mobile food vendor’s patrons, which are generated by the mobile food vendor’s sales.
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- If a mobile food vendor operates and/or parks for more than one hour at the location, provision of a letter or other written docum entation verifying that employees and customers of the mobile food vendor have permission to use an available toilet and handwashing facility that is located within 200 feet travel distance from the location where the vending vehicle is engaged in operatio ns and/or is parked, and otherwise the mobile food vendor complies with the California Health Code standards.
- Necessary plans or other required documents have been submitted and found to be satisfactory to the Director, and contain at least the following information:
(a) Proposed vehicle/ pedestrian circulation on site for temporary vending vehicle/existing uses;
(b) Proposed parking plan for the vending vehicle(s); (c) Proposed lighting plan; and
(d) Noise mitigation plan.
- In approving a TUP, the Director shall first make the finding that the proposed vending vehicle sales will not be located, operated or maintained in a manner that impedes vehicular and pedestrian circulation at proposed site.

Santa
Clarita
Yes - TUP required for special events.

Glendale No - Requires:
- LA County health permit;
- Seller’s permit;
- Business registration certificate;
- Live scan for every new applicant;
- Master application;
- Vehicle registration certificate;
- Photos of truck inside and out;
- Agreement from owner that they can use their property. 19 42

Simi Valley City CouncilJune 12, 2023

Simi Valley City Council
June 12, 2023