REPORT TO THE PLANNING COMMISSION rd Avenue NE, Woodinville, WA

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1 CITY OF WOODINVILLE, WA REPORT TO THE PLANNING COMMISSION rd Avenue NE, Woodinville, WA To: From: By: Subject: Planning Commission Dave Kuhl, Development Services Director f!!,r Jenny Ngo, AICP, Senior Planner ~ Study Session - Mobile Vending Regulations Date: May 20, 2015 ISSUE: Shall the Planning Commission review and provide input regarding mobile vending regulations? STAFF RECOMMENDATION: To review and provide feedback on the proposed changes. POLICY DECISION: Woodinville Municipal Code (WMC) establishes that zoning code amendments, development regulations/amendments, area-wide zoning map amendments, Comprehensive Plan adoption/amendments, and annexations be reviewed by the Planning Commission at a public hearing and then forwarded to the City Council with a recommendation. BACKGROUND: On February 3, 2015, the City Council approved the 2015 Docket List to establish regulations for temporary and mobile vendors. The City currently does not have code requirements regulating temporary or mobile vendors. The code section regulating temporary uses, Chapter WMC, applies only to uses that are not otherwise permitted in the zone or limited expansion of existing uses. ANALYSIS: Introduction. Mobile vending is the sales of food or goods in nonpermanent structures, such as tents, vehicles, or stands. Mobile vending is typically split into two major sale categories: prepared food and merchandise/goods. Mobile vending has become increasingly popular in major cities for its convenience, creative marketing, and affordability. In King County, the number of mobile food vendors has tripled between 2006 and Most local codes have historically not addressed or acknowledged vendors as a land use or as a business. In the past ten years, many nearby cities have enacted mobile vending regulations as a reaction to the boom of vendors. In some cities, regulations were created to legalize and legitimize vendors through permitting requirements. While in other cities, regulations have limited the location, number of licenses and hours of operations of vendors. Types of vendors. Due to the unique nature of mobile vending, regulation of these uses require a separate set of code requirements that typically cannot be accomplished in the standard zoning code. The following tables lay out the different aspects of mobile vending. As the Planning Commission considers how and where mobile vendors fit into the community and how to regulate these businesses, it is critical to understand the types of vendors that exist today. Type of vendor Food vendor: Sales of Merchandise vendor: Sales Farm vendor: Sales of prepared foods or drinks. of goods. Examples of goods flowers, fruits, vegetables, Food is t icall re ared in a ma include sun lasses, and recessed foods such as

commissary, and is cooked or assembled on-site. arts and crafts, shirts, or home goods. jams or syrup). Seasonal fruit and vegetable vendors are exempt per RCW 36.71.

2 commissary, and is cooked or assembled on-site. arts and crafts, shirts, or home goods. jams or syrup). Seasonal fruit and vegetable vendors are exempt per RCW Truck or other vehicle: Vehicle is usually selfcontained. Typical sales include groceries, clothing, or books. Customers either enter truck from the side or rear. Truck or other vehicle: Vehicle is usually selfcontained with cooking and refrigeration in the vehicle. Employees are typically within the vehicle and serve to customers standing outside. Little to no limitations on type of food served. May require electricity. Typical dimensions are 8-feet 18-feet. Duration Hourly: These businesses typically locate for several hours at one location and rotate to different locations throughout the week. Different businesses may come to the same location at different times. Location Private property: Vendor typically rents parking space or partners in conjunction with a business. Some vendors on private properties join together to create a "pod" of food carts or trucks. Cart: Cart is used for display of small merchandise. Typical dimensions are 4-feet by 6 feet. Cart: Cart is usually selfcontained with cooking and refrigeration. Employees stand outside. Typically uses propane or electricity. Food service is limited to hot dogs, ice cream, and coffee. Seasonal: These businesses typically locate in a single place for several months to sell seasonal items such as flowers, sports merchandise, or vegetables. Right-of-way: Vendors are in a vehicle and serve to customers on the curbside. Typically includes food trucks or farmer's markets. Tent: Typically used to sell small or medium goods. Typically associated seasonal sales. May be associated with fairs or special events. Tent: Typically used in conjunction with fairs or other special events. All equipment and supplies are brought to the site in another vehicle. Typically uses propane or electricity. Little to no limitation on type of food served. Typical dimensions are 10-feet by 10-feet or 10- feet 20-feet. "Permanent": These businesses do not move despite being in temporary structures. These businesses may include additional tables, tents, or chairs for customers. Public areas: Typically in plaza, parking lot, or paved public area. Vendors typically enter into agreement with municipality or lottery for space. Regulation of vendors. Municipal regulations regarding mobile vending range greatly in the breadth of requirements, limitations and impacts addressed. Some of these issues include zoning, public health, traffic, economic development, and aesthetic issues of mobile vending.

3 Experience from staff and other planners have shown that there is no standard among municipalities on how to regulate these vendors. Regulations typically include requirements on location, licensing, and refuse, but vary largely in minimum distances, duration limits, and noise requirements. In many instances, staff has seen that enacted regulations from other municipalities tend to be very limiting for these businesses based on apprehension of potential impacts. The following table is a summary of the type of topics and impacts commonly identified regarding food vendors. Examples from other nearby cities are included to show how the issue is addressed locally. Selected local examples show two contrasting regulatory approaches ("less restrictive" and "more restrictive" regulations) to manage or mitigate impacts. Please be aware that "less restrictive" should not imply that regulations are lax or loose, and alternatively "more restrictive" should not imply prohibitive or burdensome. In reviewing these policies and regulations, consider the role that mobile vendors currently have in Woodinville and may have in the future. Impacts/Topic Less Restrictive More Restrictive Permitted locations. Bothell ( ) Des Moines ( ) Locations of where Permitted in commercial zones, Puyallup ( ) vendors may locate. subject to applicable Mobile vendors must be at least See, also, "competition requirements. 400 feet from a school during with other businesses" school hours, 300 feet of a below. business offering the same service, 300 feet of a restaurant, 300 feet of a public park or city property with concession stand, and in one location for no more than 4 hours. Right-of-way. Regulations regarding if and when a vending vehicle may be allowed in the right-of-way. Port Townshend ( ) Vendors cannot obstruct or impede pedestrian and vehicular traffic. Minimum 5- foot sidewalk clearance and no further than 6 feet from building face Burlington ( ) Mobile vending to serve local businesses' employees at the local businesses' location shall be permitted when authorized by the business, such as manufacturers located at the Burlington Hill Business Park, for the period of time that it takes to set up, serve, and close up. Seattle ( ) Vendors must have authorized street use permit for an event or with a street use permit located in food vehicle zone. Shall consider customer queues, tables, and equipment to provide 6-feet of clear pedestrian zone. 50 feet from another food service business. Burlington ( ) Mobile vending on the public streets and public rights-of-way within the corporate limits of the city shall not be permitted, except

4 Licensing. Includes business license, insurance, separate permits from City, description of sales, etc. Some cities require drivers licenses of individuals, each location of sales, etc. Duration. Time limits on how long a vendor may stay in one location. Competition with other businesses. In some areas, vendors are viewed as competitors to brickand-mortar establishments that divert business. In other areas, vendors are viewed as complementary to establishments by generating foot traffic and supporting a lively pedestrian environment. Refuse and litter. Noise. for persons selling frozen prepackaged/ individually wrapped food items regulated by chapter 5.16 BMC such as ice cream, as long as such vendors are present at one location no more than 1 0 minutes at a given time; or authorized participants in a cityapproved event, festival, sports tournament or similar activity. Walla Walla ( ) License required with application, vehicle license numbers, description of sales, place of sales, photocopy of operator's license, proof of liability insurance, business license Burlington ( ) Site plan, provision of customer parking, photograph, health license, vehicle registration, L&l approval, approvals from fire department, vehicle licenses, description of sales, business license Port Townshend ( ) Mobile vendors must be removed from the public rightof-way upon close of each business day. Sunnyside ( ) Mobile vendors are permitted in certain commercial zones provided that vendors are outside of the site triangle and no closer to the right-of-way than the average setback of the two nearest businesses. Des Moines ( ) Puyallup ( ) Mobile vendors may be in one location for no more than 4 hours. Des Moines ( ) Puyallup ( ) Mobile vendors must be at least 400 feet from a school during school hours, 300 feet of a business offering the same service, 300 feet of a restaurant, 300 feet of a public park or city property with concession stand, and in one location for no more than 4 hours. Sunnyside ( ) Waste receptacles must be provided within 20 feet and maintained in a clean and orderly manner. Must be removed and emptied at night. Vendor is required to designate the location of wastewater and materials at the time of application. Requirements on type of containers. Bremerton ( ) Vendors from mobile units shall not use radios or any other sound devices to attract public attention unless in accordance with Chapter 6.32 BMC.

5 Questions for the Commission Staff is looking to receive feedback from the Commission on how mobile vendors could fit into the community, issues or concerns from vendors, and recommendations of impacts that should or should not be regulated. Staff would like to discuss the following questions with the Planning Commission at the study session: 1. What kind of opportunities does the Commission envision? 2. What types of vendors should be considered under these new regulations? 3. Where do these vendors fit within the community? Which zones? 4. What impacts are of particular concern to the Commission? Which code examples seem appropriate and which do not? RECOMMENDED ACTION: REVIEW AND PROVIDE FEEDBACK.

Chapter Mobile and Temporary Food Vendors. August 25 th, PM Altoona City Hall Council Chambers

Chapter Mobile and Temporary Food Vendors. August 25 th, PM Altoona City Hall Council Chambers Chapter 5.20 Mobile and Temporary Food Vendors August 25 th, 2016 6 PM Altoona City Hall Council Chambers Rationale For Proposed Ordinance Passed in 1971, the previous ordinance is outdated. It is limited