Planning Commission Meeting

Agenda City of Ocean Shores Planning Commission Meeting Join Zoom Meeting Online Click Here Join Zoom Meeting by Phone Phone Number: 1.253.215.8782 US Meeting ID: 822 2470 0756 Passcode: 897015 Tuesday Ocean Shores Library June 14, 2022 573 Point Brown Ave. NW 2:00 PM Ocean Shores, WA 98569 Page Call to Order Roll Call Approval of Meeting Agenda Election of Planning Commission Officer 1. Planning Commission Chair Election • Led by: Planning Commission Chair, Dan Bricker Approval of Minutes 3-4 2. Approval of minutes for the Regular City of Ocean Shores Planning Commission Meeting on May 24, 2022 Public Comments Planning Commission is accepting written Public Comments to be sent via email to the City Clerk at slogan@osgov.com no later than 1:00 PM June 14, 2022 Discussion 5 3. Planning Commission Handbook • Led by: Planning Commission Planning Commission Handbook 6 - 23 4. Food Trucks • Led by: Planning Commission Page 1 of 23 Page Old Business New Business Reports 5. Planning Commission Member(s) Report • Dan Bricker • Gary Pease • Thorn Ward • Brian Bachman • Eleanor Dorman • Richard Wills • Patrick Brunstad Future Meeting Date Tuesday, June 28, 2022 at 2:00 PM Adjourn _________________________________________________________ Public Notice: • Persons requiring auxiliary aids or special arrangements in order to participate in meetings should call 360.940.7498 at least two business days prior to the scheduled meeting. Page 2 of 23  MINUTES Ocean Shores Planning Commission Regular Meeting Tuesday, 5/24/2022 – 2:00 p.m. Meeting held at Ocean Shores Library 573 Point Brown Ave NW, Ocean Shores WA 98569 Minutes taken by Commissioner Brunstad 1. Call to Order Chair Dan Bricker called the meeting to order at 2:00 p.m. 2. Roll Call Planning Commissioners present: Dan Bricker, Eleanor Dorman, Richard Wills, Pat Brunstad, Gary Pease, Brian Bachman City Staff present: City Planner Marshall Read, City Clerk Sara Logan, Mayor Jon Martin 3. Approval of Meeting Agenda • Commissioner Pease moved to approve the meeting agenda. • Commissioner Wills seconded the motion. The motion passed unanimously. 4. Approval of Minutes • Commissioner Wills moved to approve the meeting minutes from 5/10/2022. • Commissioner Pease seconded the motion. The motion passed unanimously. 5. Public Comments Don Williams 6. Reports: No reports 7. Continued Business: • Food Trucks / Trailers • Commissioner Brunstad to research City of Aberdeen and Hoquiam current rules and regulations • Commissioner Wills to research City of Westport and Raymond current rules and regulations 8. New Business: • None 9. Members of the Commission Reports • None 10. Secretary for Next Meeting Chair Dan Bricker appointed Commissioner Bachman as secretary for the 6/7/2022 Meeting. 11. Future Meetings • Next meeting is at 2:00 p.m. on 6/7/2022. • Prior to attending, please confirm the meeting location on the official agenda. The agenda is easily accessed by clicking on the meeting posted on the city calendar at the bottom of the city website homepage at www.osgov.com. Page 1 of 2 2. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 3 of 23  12. Adjournment • Commissioner Brunstad moved to adjourn. • Commissioner Wills; seconded the motion. Motion passed unanimously. • Chair Bricker adjourned the meeting at approximately 3:30p.m. Page 2 of 2 2. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 4 of 23  Shoreline – Example ARTICLE VIII - CODE OF ETHICS AND DECORUM A Planning Commissioner is a representative of the City of Shoreline and, therefore, a Commissioner’s actions should reflect that representation. A. Members of the Planning Commission shall fully comply with chapter 42.23 RCW, Code of Ethics for Municipal Officers, and the most current version of the City of Shoreline Code of Ethics, as adopted by the City Council. B. Members of the Planning Commission shall fully comply with chapter 42.30 RCW, Open Public Meetings Act, including RCW 42.30.205 which requires training on the OPMA’s requirements. C. While the Planning Commission is in session, a Commissioner shall neither, by conversation or otherwise, delay or interrupt the meeting or the peace of the Planning Commission, nor disrupt any Commissioner while speaking nor refuse to obey the orders 9 9 2 of the Chair. D. To preserve the integrity of the Planning Commission, if a Commissioner reasonably believes that he/she has a conflict of interest in regard to a matter before the Planning Commission, the Commissioner should recuse himself/herself from discussion or vote on the matter and shall leave the Council Chambers while the matter is under consideration. A Commissioner may seek advice from the City Attorney or Assistant City Attorney in making this determination. E. If a Commissioner is meeting with, speaking to, or otherwise appearing before a member of the public, group, or other governmental agency, the Commissioner shall clearly state that his/her statement reflects their personal opinion if it is not the official position of the Planning Commission. 3. Planning Commission Handbook Led by: Planning Commission Planning Com... Page 5 of 23  Various food truck municipal codes Note: Information most appropriate to OS has been yellow highlighted. The intent of copying and pasting this information into a MSWord document is to facilitate reusing existing code in potential OS code updates if the city council decides to modify existing food truck policies. Vancouver, Wa. Vancouver uses a two-page matrix table outlining the process and providing resources to guide an applicant through the license, permits and fees required to operate a Mobile Food Unit. The 1st page of the PDF file is inserted below the link to illustrate their succinct and easy to understand matrix. Please click the link to see the entire document. Opening each link in the PDF gives access to the needed form or information. NOTE: a couple of the links are no longer active, and you will get a 404 error. This simply means that Vancouver made changes to their website that are not reflected in this form. Vancouver makes it easy to understand and comply with all aspects of obtaining required licenses and permits. Grays Harbor Health Department resources would of course be used instead of Clark county resources. However, the concept would remain basically the same. https://mrsc.org/getmedia/57b6e63f-8862-4b78-b522-42beeff479a0/v35mobilefoodpermits.pdf.aspx 4. Food Trucks Led by: Planning Commission Page 6 of 23  Westport Chapter 5.24 MOBILE VENDORS, HAWKERS AND PEDDLERS https://www.codepublishing.com/WA/Westport/#!/Westport05/Westport0524.html#5.24 Sections: 5.24.010 Generally. 5.24.020 Mobile/open air vendor defined. 5.24.030 Outdoor merchandising. 5.24.040 Location of vendors. 5.24.050 Fees, licenses, taxes and fines. 5.24.060 Restrooms and garbage. 5.24.070 Utilities – Power, water, sewer and garbage. 5.24.080 Termination of operations. Prior legislation: Ords. 981, 1064, 1247, 1295 and 1618. 5.24.010 Generally. Mobile/open air vending shall only be allowed in the city under the conditions set out in this chapter. (Ord. 1625, 2019) 5.24.020 Mobile/open air vendor defined. A “mobile/open air vendor” is defined as any hawker or peddler. The term “mobile/open air vendor” shall apply to any person, firm, corporation, transient, merchant, church, club, charitable institution, hawker or peddler (including any firm, person, corporation or group of people engaging in garage, yard, moving, estate or any other similar sale or event on more than three occasions in any calendar year) who vends, sells, disposes or displays, or offers to vend, sell, dispose or display, any good, ware, merchandise, produce or food as a transient vendor not in a permanent structure. (Ord. 1625, 2019) 5.24.030 Outdoor merchandising. Outdoor merchandising may be allowed if consistent with the city and Grays Harbor County building codes. Outdoor merchandising is not considered vending, if such merchandising is associated with an existing business operating out of an adjacent building. Special occasions and festivals may be allowed upon approval by the city council. (Ord. 1625, 2019) 5.24.040 Location of vendors. Mobile/open air vendors may locate in the city under the following conditions: (1) Mobile/open air vendors shall be located only in the commercial or marine industrial zone and a conditional use permit may be required. (2) Open air vending from uncovered tables or ground display is not allowed. 4. Food Trucks Led by: Planning Commission Page 7 of 23  (3) The designated area shall contain power, water, sewer, restrooms and garbage containment and collection. (4) Each mobile/open air vendor site shall meet all state and local standards, regulations and codes for a temporary accessory building structure and site restriction to be used for vending in the city with regard to: (A) Size of temporary structure; (B) Common esthetics regulated by the city to provide uniform appearance. (5) Mobile/open air food vendors shall comply with all Washington State Department of Health regulations. (6) The site location shall be situated within 200 feet of public restrooms and toilets. NOTE: updated RCW changes the distance from 200 ft to 500 ft. (7) Merchandise shall be securely and adequately placed so that it will not endanger passersby or fall or extrude into any street or alley. (8) Sales shall not be operated in any manner which could cause a nuisance or create a fire hazard. (Ord. 1625, 2019) 5.24.050 Fees, licenses, taxes and fines. Note: council and finance director should establish OS appropriate fees and reword the rest of this text to fit OS policies. The following fee, license, tax and fine schedule shall apply to all mobile/open air vending within the city: (1) The annual mobile/open air vendor license fee shall be $250.00 per year. The sponsor of an event deemed a special event by the council and mayor of the city shall pay a special event license fee of $100.00 per day or a special event license fee of $10.00 for each for-profit mobile/open air vendor. (2) An application, as well as an application fee of $50.00, for a license to vend, sell, dispose or display merchandise, goods, wares, produce or food shall be made in writing to the city clerk. The application shall include a general description of the type of merchandise or food proposed to be sold by the applicant. (3) The application shall contain the name of the applicant, if an individual; the names of partners, or the names of the principal officers of a corporation, church, club or charitable institution. (4) The mobile/open air vendor applicant shall pay the business and occupation excise tax as established by ordinance of the city. (5) The mobile/open air vending license may be revoked for any of the following reasons: (A) Fraud or misrepresentation contained in the application for the license; 4. Food Trucks Led by: Planning Commission Page 8 of 23  (B) Fraud or misrepresentation or false or misleading statements made in the course of conducting the licensed business; (C) Conviction of any crime involving moral turpitude; (D) Conducting business in an area prohibited by this chapter; (E) Any other violation of this chapter. (6) Any mobile/open air license holder whose license has been revoked may appeal said revocation to the city council; provided, that said appeal is filed in writing within 10 days of the revocation of the license with the city clerk. The decision of the city council shall be final. (7) Any person, firm or corporation violating any provision of this chapter shall be fined not less than $100.00 nor more than $500.00 for each offense, and a separate offense shall be deemed committed on each date during which a violation occurs or continues. Failing to comply with these penalty provisions or being cited for more than two violations of this chapter within a 90-day period shall constitute a misdemeanor criminal offense. The city of Westport building department, as well as the city police department, shall have the authority to issue citations for violations of this chapter. (Ord. 1625, 2019) 5.24.060 Restrooms and garbage. The following provisions apply to restrooms and garbage containment and collection: (1) No vendor may engage in the use of the restroom facilities belonging to another person, corporation, or business without the owner of the restroom facilities’ prior written consent. (2) The vendor toilet facilities shall be within 200 feet of food service establishments for the food service workers and the general public. (3) Each vendor site location shall pay its own garbage collection. (4) Each vendor site location shall not allow refuse and waste to accumulate on the site, or adjacent to the site. (Ord. 1625, 2019) 5.24.070 Utilities – Power, water, sewer and garbage. The following provisions and regulations apply to utilities for the vendor site: (1) Each individual mobile/open air vending operation will pay its own utilities, power, water and sewer. (2) Each mobile/open air vending operation shall dispose of liquid water, gray water, mop water and ice melt into the public sewer system. (3) Hot water at a temperature of 100 degrees Fahrenheit shall be available on each individual food vendor site. (Ord. 1625, 2019) 4. Food Trucks Led by: Planning Commission Page 9 of 23  5.24.080 Termination of operations. Immediately after mobile/open air licensee’s operation ceases all property or premises of any nature used by licensee or abutting upon that used by the licensee shall be cleaned and cleared of debris left by mobile/open air licenses and restored to the condition existing before such use. (Ord. 1625, 2019) The Westport Municipal Code is current through Ordinance 1660, passed November 8, 2021. Disclaimer: The City Clerk's Office has the official version of the Westport Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. City Website: https://www.ci.westport.wa.us/ City Telephone: (360) 268-0131 Lacy Wa. Note: The entire Lacy food truck applicable code is pasted below. Much, but not all, of the code could be useful to OS. Read through and decide for yourselves. Ch. 16.70 Street Merchants | Lacey Municipal Code https://lacey.municipal.codes/LMC/16.70.090 Chapter 16.70 STREET MERCHANTS Sections: • 16.70.010Intent • 16.70.020Definitions • 16.70.030Licensing, review, and approval of street merchant application required • 16.70.040Design and development standards for retail stands • 16.70.045Approved retail stand merchandise • 16.70.050General location standards • 16.70.060Specific location standards • 16.70.065Location and leasing of city property for retail stand activities • 16.70.070Insurance • 16.70.080Permit limitations • 16.70.090Permit revocation 4. Food Trucks Led by: Planning Commission Page 10 of 23  • 16.70.110Appeals 16.70.010Intent. It is the intent of this chapter to: A. Provide an opportunity for street merchants in zones where the use would enhance the pedestrian experience and be supportive of the intent and vision of the commercial zone in which it is located. B. Provide regulations for the appropriate siting and design of street merchant activities to provide for the compatibility of such use with adjacent retail activities. C. Provide standards that protect the public’s health, safety and welfare with operation of these activities. (Ord. 1163 §1, 2001). 16.70.020Definitions. A. “Approving authority” means the site plan review committee or the director according to the provisions of LMC 16.70.030(B) (process for approval). B. “Director” shall refer to the director of the community and economic development department, or his or her designee, that is responsible for administration of limited administrative review pursuant to Section 1C of the Development Guidelines and Public Works Standards. C. “Designated food vehicle zone” is an area within a street designated for location of a food vehicles(s) by the director of public works. D. “Food vehicle” means a licensed and operable motor vehicle or trailer used to serve, vend, or provide food or nonalcoholic beverages for human consumption from a fixed location or along a route in a public place. E. “Handcrafted goods” means goods produced or created by the vendor from raw or basic materials. F. “Original art” means art crafted by the vendor or by artists the vendor acts as agent to on consignment of the art work. G. “Outdoor shopping center activities and events” means activities normally taking place in parking lots of shopping centers from time to time on a temporary basis. Activities include, but are not limited to, promotions or special showings and sale of boats and recreation vehicles or miscellaneous activities such as pony rides and carnival activities. Such activities attract consumers to the shopping center, both the traveling public and pedestrians in the area, and add flavor to the shopping experience. Activities do not significantly impede parking or circulation at the site or adversely affect permanent businesses in the area. 4. Food Trucks Led by: Planning Commission Page 11 of 23  H. “Outdoor food court” means one location (parking lot, plaza, or lot) where more than four street merchants selling food have located offering a choice of foods and vendors. I. “Public place” means public right-of-way and the space above or beneath its surface, whether or not opened or improved, including streets, avenues, ways, boulevards, drives, places, alleys, sidewalks, planting strips, squares, triangles, and plazas that are not privately owned. J. “Retail stand” means a vending cart, street merchant structure, food vehicle or temporary seasonal structure used for retail sale of approved street merchant merchandise. The retail stand is operated from a fixed location within a parking lot, pedestrian plaza, public property, or right-of-way and designed and sized to be readily moved. K. “Street fair, outdoor food court or market” means a location where multiple street merchants and activities are organized as one function, including but not limited to one site, lot or parking lot designed or converted to accommodate multiple street vendors on a permanent or seasonal basis, the Lacey Fun Fair or a seasonal farmers’ market. L. “Street merchant” means a merchant selling goods from a fixed location within a parking lot, pedestrian plaza, public property or right-of-way using a vending cart, food vehicle, street merchant structure or temporary seasonal structure. M. “Street merchant structure” means a structure typically larger than a vending cart that is not intended to be moved by one vendor. Such structure is intended to be set up and stationary in one location, is less than two hundred square feet and is not permanently affixed to its location by a permanent foundation. Examples include an espresso stand, year-round fruit and vegetable stand, or other similar building intended to be used for street merchant activity as defined in this chapter. N. “Temporary/seasonal retail stand” means a stand to sell seasonal retail items on a temporary basis. These include fireworks stands, if allowed, Christmas tree stands and local agricultural fruit stands. O. “Vending cart” means a movable cart that is used to serve, vend, or provide food, nonalcoholic beverages, or flowers. (Ord. 1539 §115, 2019; Ord. 1435 §1, 2014; Ord. 1163 §1, 2001). 16.70.030Licensing, review, and approval of street merchant application required. A. All business activities shall meet requirements of Chapter 5.12 LMC for city business licensing. B. No “street merchant,” “street fair,” “food court,” “market,” “temporary/seasonal retail stand” or “outdoor shopping center activities and events” shall be permitted to operate within the city of Lacey without first obtaining the appropriate planning approval as follows: 4. Food Trucks Led by: Planning Commission Page 12 of 23  1. Limited Administrative Review. Limited administrative review shall generally be required for street merchant activities that are minor in scope and involve use of a vending cart or food vehicle located on private property or a designated pedestrian plaza. A street merchant operating from a street merchant structure located in a parking lot may also qualify for this abbreviated review depending on the size of the area to be used and the scope of activity expected. These applications shall be processed pursuant to the requirements of Section 1C.030 of the City of Lacey Development Guidelines and Public Works Standards. 2. Site Plan Review. Site plan review shall generally be required for street merchant activities that are larger in scope and activity than a single merchant operating from a vending cart including: a. Outdoor food courts, shopping center activities, and street fairs and markets that involve multiple (more than three) street merchants. b. Applications that are in public right-of-way that require location in a designated food vehicle zone. c. Applications that require special consideration because of location circumstances, size of street merchant structure or area, scope of activity, or potential impacts. These applications shall be processed pursuant to the requirements of Chapter 16.84 LMC (Site Plan Review). 3. Determining Process. Based upon the individual characteristics of an application, considering location, size, and scope of use and potential impacts, the director may determine that a street merchant application shall be processed either as a limited administrative review, or as a full site plan review. This determination shall be based upon which process best matches the need for review of a project, considering its individual and unique circumstances, and shall be based upon the sole discretion of the director. C. Complete Application and Content. Street merchant applications shall include the following information: 1. Detailed scale drawings of the location of the stand. 2. The device to be used, materials specifications with drawings showing all four sides of the vending device, color schemes and any logos, printing or signs which will be incorporated. For existing vending devices, color photographs may be substituted for drawings. 3. The application shall contain a plan for scheduled hours of operation for the season that includes time of day, days of week, months of the year, and scheduled closings. 4. Written approval of the landowner shall also be submitted at the time of application. 4. Food Trucks Led by: Planning Commission Page 13 of 23  D. Permitted Street Merchant Activities. The approving authority may approve street merchant activities meeting the definition of retail stands and temporary/seasonal retail stands. Provided, the approving authority may approve street fairs, outdoor food courts or markets, or outdoor shopping center activities and events based upon findings consistent with the intent of this chapter and the approval process as outlined in subsection B of this section. E. Approving Authority Consideration and Decision. The approving authority, as described in subsection B of this section, shall ensure the following items are satisfied when acting upon an application: 1. The proposal is consistent with the standards and intent of this chapter. 2. The proposal will enhance the attractiveness of the pedestrian environment in which it is located. 3. The proposed street merchant activities are designed, oriented and operated to serve pedestrians with the exception of a street merchant structure or temporary/seasonal retail stand located in a parking lot. F. Based upon consideration of the application and its consistency with the intent and standards of this chapter, the approving authority may approve or deny an application. In approving an application, the approving authority may require any conditions on operation, location or design it deems necessary to ensure compliance with this chapter. G. The approving authority may administratively approve any variances from the standards section of this chapter it deems necessary to fully satisfy the intent of this chapter to provide an exceptional pedestrian experience at strategic locations within the city. H. When authorizing variances to retail stand criteria, the applicant should demonstrate to the approving authority’s satisfaction the approved design will be compatible with surrounding architecture, will add to the pedestrian desirability of the area, and will be a benefit to the neighborhood and zone in which it is located. (Ord. 1435 §2, 2014; Ord. 1192 §183, 2002; Ord. 1163 §1, 2001). 16.70.040Design and development standards for retail stands. Retail stands shall generally comply with the following requirements: A. Vending carts will normally not be more than sixty square feet provided the approving authority may approve any size of vending cart it determines meets the spirit and intent of this chapter. B. A street merchant structure shall not be more than two hundred square feet in size. 4. Food Trucks Led by: Planning Commission Page 14 of 23  C. A canopy or umbrella may be included with a retail stand. The canopy or umbrella shall be of vinyl, canvas, or similar durable material. All parts of such umbrella or canopy must have a minimum of seven feet of vertical clearance to the ground. D. Retail stand materials shall be low maintenance and cleanable, preferably painted and of noncorrosive metal. E. Temporary/seasonal retail stands may be of the size necessary to carry out their temporary operations as approved by the approving authority. F. Each retail stand shall be a self-contained unit; provided, however, that self-contained electrical power generators are not permitted unless the approving authority determines noise impacts can be mitigated. Utility service connections may be permitted at permanent street merchant pads at the discretion of the city. Electrical service connections may be permitted by a property owner leasing space to a street merchant or by the adjacent property owner and when the following requirements are met: 1. Electrical lines are not allowed overhead or lying on the sidewalk. 2. The outlet location must be placed outside the walkways which are accessible to public and private use. 3. Length of electrical hookup must be within fifteen feet of the stand. 4. No extension cords will be allowed. 5. Hookup must be permanently wired to the retail stand and meet National Electrical Code requirements as to type, size and grounding, terminating in an approved outside weatherproof-type receptacle. 6. Each retail stand shall require an electrical permit unless previously approved, and will require inspection prior to operation of the stand. G. Advertising signs may only be placed on the cart. Provided, street merchants selling food or nonalcoholic beverages within pedestrian plazas may have one sandwich board sign which would be limited to two feet wide and four feet high. Such sandwich board sign must be located within the pedestrian plaza and oriented to pedestrians at the site. H. All required licenses and permits issued by the city of Lacey must be displayed in a prominent, visible manner. I. It is the responsibility of the applicant to obtain necessary health department licenses and to adhere to best practices for food handling when undertaking street merchant activities involving the preparation and serving of food. 4. Food Trucks Led by: Planning Commission Page 15 of 23  J. All persons conducting a retail stand business within the city must keep the site clean and orderly at all times and pick up any refuse or debris and clean up liquid spillage deposited by any person using the business location. Additionally, all such persons shall provide a refuse container for litter. This container shall be of a design approved by the city and must be emptied on a regular basis. K. Support equipment and accessories shall generally be self-contained within the retail stand. Support equipment and accessories must not be placed so as to impede pedestrian or vehicular traffic or distract from the pedestrian experience. L. Retail stands selling food within a pedestrian plaza may have accessory seating and tables. Retail stands selling art and crafts may have merchandise displays set up adjacent to the retail stand for pedestrian view only. The location of art and craft displays shall be approved by the approving authority only when it determines such accessories will enhance the pedestrian experience at the site and be compatible with the intent of the zone and neighborhood in which it is located. M. All persons conducting a retail stand business shall obey any order of a police officer to temporarily move such retail stand to avoid congestion or obstruction of the surrounding area for pedestrian and/or vehicular traffic. N. All retail stands shall have fire extinguisher(s) available according to currently adopted fire code requirements. O. Sustainable and creative designs are encouraged. P. Street merchant designs that are fun and add interest to the street are encouraged. (Ord. 1539 §116, 2019; Ord. 1435 §3, 2014; Ord. 1208 §70, 2003; Ord. 1163 §1, 2001). 16.70.045Approved retail stand merchandise. The following merchandise may be sold from retail stands: A. Food. B. Nonalcoholic beverages. C. Newspapers and magazines. D. Original art and handcrafted goods. E. Other items the approving authority determines are appropriate to pedestrian areas that will enhance the pedestrian experience. (Ord. 1435 §4, 2014; Ord. 1163 §1, 2001). 16.70.050 General location standards. 4. Food Trucks Led by: Planning Commission Page 16 of 23  A. Retail stands may only be located in the following zones: 1. All commercial zones. 2. All light industrial zones. 3. Community office zone. 4. Mixed high density corridor and mixed moderate density corridor. 5. Along arterials and collectors at key multimodal intersections in pocket parks or pedestrian plazas as approved by the approving authority based upon findings that it will enhance the local pedestrian experience. 6. Open space institutional zones. B. Retail stand locations shall be compatible with the pedestrian and the vehicular nature of the zone, the use of the right-of-way as a public thoroughfare, the use of parking lots as public parking areas, and/or the use of an open air plaza. The site shall be located to enhance the pedestrian nature of the zone and shall not be located so as to attract or serve vehicular traffic. C. Temporary/seasonal retail stands may be located to attract and serve vehicle traffic. D. In determining whether or not the proposed location would be permitted, the following criteria shall be considered: 1. The type and intensity of the proposed use and the type and intensity of existing uses; 2. The width of the sidewalk, pedestrian plaza or parking lot in which it is to be located; 3. The proximity and location of existing street furniture, including but not limited to signposts, lampposts, bus shelters, benches, phone booths, trees, newsstands, as well as the presence of bus stops and truck loading areas; 4. Established or proposed pedestrian and vehicular traffic patterns; 5. The number of available retail stand sites in a given area or zone of the city and the number of existing retail stands in such area; 6. Other factors deemed relevant by the approving authority, consistent with the purpose of this chapter and intent of the zone proposed for the use. E. The retail stand and location shall promote the diversity of retail stand activity. F. The site and retail stand together shall not create a pedestrian or vehicular traffic hazard. 4. Food Trucks Led by: Planning Commission Page 17 of 23  G. The retail stand shall be compatible with uses in the general vicinity and adjacent properties. H. The retail stand location shall promote the pedestrian nature of the general area in which it is located. I. The retail stand location shall be compatible with the public interest in the use of the sidewalk as a public right-of-way and the use of a public or private parking lot for the primary intended use of vehicular parking and, as such, shall not endanger the public health, safety and welfare. (Ord. 1500 §2, 2016; Ord. 1435 §5, 2014; Ord. 1163 §1, 2001). 16.70.060Specific location standards. A. No retail stand shall be placed within one hundred feet or fronting a property of a business which specializes in an item that the retail stand offers for sale unless the applicant owns the establishment or has written consent from the proprietor of the establishment, e.g., a retail stand selling ice cream may not be located within one hundred feet of an established ice cream parlor. This one-hundred- foot distance restriction shall be measured using the distance of the route of access between the two uses (the route someone would walk or drive). B. The distance requirement of subsection A of this section may be reduced or waived if the street merchant is locating adjacent to a key pedestrian intersection and in a designated pedestrian plaza designed to accommodate a street merchant, or other circumstance related to the context of the application that make a lesser buffer appropriate to meet the intent of this chapter. C. Each retail stand shall be placed so it does not obstruct or impede pedestrian or vehicular traffic. D. Each retail stand shall be limited to its approved locations. E. Only one retail stand site shall be approved for each pedestrian plaza or pocket park or parking lot unless the approving authority finds that additional stand(s) would be consistent with the intent of this chapter to promote the pedestrian experience and will not adversely impact pedestrian or vehicular circulation or be detrimental to the intent and vision for the surrounding zone. F. Any retail stand located in a parking lot shall comply with the following minimum standards: 1. The retail stand shall not block entrances and exits to the parking lot or fire exit doors of any buildings; 2. Retail stands should normally not occur in parking spaces directly in front of entrances or windows of the building; 3. The retail stand shall comply with all other applicable city ordinances. 4. Food Trucks Led by: Planning Commission Page 18 of 23  G. No retail stand shall be located within eight feet of an abutting property. (Ord. 1539 §117, 2019; Ord. 1435 §6, 2014; Ord. 1163 §1, 2001). 16.70.065 Location and leasing of city property for retail stand activities. The approving authority may designate approved retail stand sites in any zone approved for such use on publicly owned parks, pedestrian plazas or city right-of-way on a sidewalk or street side in a designated food vehicle zone. In doing so, the number of approved sites shall be limited to what the approving authority determines is appropriate to the pedestrian experience of the site and consistent with the intent and vision of the zone in which it is located. The approving authority must also find that the location of such retail stand space will not adversely affect pedestrian or vehicular traffic flow or create any undue hazard and will generally meet location criteria of LMC 16.70.050 and 16.70.060. In such cases, the city may competitively lease such spaces to street vendors consistent with policy for leasing of vending spaces to private entrepreneurs in city parks. (Ord. 1435 §7, 2014; Ord. 1163 §1, 2001). 16.70.070 Insurance. If an area to be approved for a retail stand is City-owned, such as a sidewalk or street right-of-way, the applicant must obtain and retain public liability and property damage insurance coverage, naming the City as a co-insured, and must sign an agreement to indemnify and hold the City harmless. The amount of coverage shall be determined by the City. (Ord. 1163 §1, 2001). 16.70.080Permit limitations. A. A retail stand review approval may not be transferred to another person or to a location other than that stated on the permit. B. Retail stands issued for public right-of-way or public property shall normally be reviewed once every year and may be extended each year for additional one-year increments if the approving authority finds that the retail stand has been operated in a way to enhance the pedestrian experience and is still a benefit to the zone in which it is located. When granting extensions, the approving authority may attach additional conditions to an approval it deems necessary to comply with this chapter or new city regulations. This shall not prohibit the city from entering into multiple-year contracts if such are considered appropriate for the site and consistent with city policy. C. Any permit or approval issued by the city for a retail stand on private property does not affect the permittee’s responsibility to secure and maintain a contract or written approval from the property owner. (Ord. 1435 §8, 2014; Ord. 1163 §1, 2001). 16.70.090Permit revocation. 4. Food Trucks Led by: Planning Commission Page 19 of 23  The approving authority may immediately revoke or suspend a permit or deny either the issuance or renewal thereof if the committee finds that: A. The applicant or permittee has violated or failed to meet any of the provisions of this chapter or conditions of the permit; B. The retail stand or operation is detrimental to the surrounding businesses or to the public due to either appearance or condition of the stand; C. Any required licenses have been suspended, revoked or cancelled; D. The applicant or permittee does not have a current, effective insurance policy in the minimum amount provided in this chapter; E. The scheduled hours of operation are not followed; or F. The property owner has withdrawn approval or revoked the contract allowing the use on his/her property. Upon denial, suspension or revocation, the approving authority shall notify the applicant or permittee in writing of the action the approving authority has taken and the reasons therefor. After giving such notice by mail or in person, if the retail stand has not been removed within fifteen days, the city may cause a removal of any retail stand found in violation of this chapter, and is authorized to store such stand until the owner thereof shall redeem it by paying the removal and storage charges. (Ord. 1435 §9, 2014; Ord. 1163 §1, 2001). 16.70.110Appeals. Any decision of the city of Lacey, in the administration of this chapter, may be appealed in accordance with Chapter 1D of the City of Lacey Development Guidelines and Public Works Standards. (Ord. 1192 §184, 2002; Ord. 1163 §1, 2001). Raymond Raymond City Hall 230 Second St. Raymond, WA 98577 Phone: 360-942-4100 Fax: 360-942-4137 I spoke with Scott Pearson, public works. Raymond does not have any food truck specific municipal code. In essence, they treat the one food truck that operates in the city just like any other business. On 5/27/22 Mayor Dee Roberts returned my call from an earlier date. She basically reiterated the information below. 4. Food Trucks Led by: Planning Commission Page 20 of 23  • The food truck has to meet all of the Pacific County health department regulations • Has to get a city business license • The one truck is leasing space in a commercial property • The city collects B&O and sales tax just like from any other business • Property tax is determined by the county tax assessor. The attitude of city council is that slight more taxes from a partially developed property is better than less tax income from an undeveloped property • Scott mentioned that Olympia uses the “food truck pod” concept. Aberdeen, WA. https://aberdeen.municipal.codes/ I looked through Aberdeen’s code, and did a search using both “food trucks” and “mobile food”. The only perhaps applicable code I could was 5.48.010 which states “no street vendors”. I am certain Lisa Scott can help. I am pretty sure that Aberdeen has some food trucks (by whatever municipal code name) but I am unable to find any applicable code. Montesano Municipal Code https://www.codepublishing.com/WA/Montesano/#!/Montesano04/Montesano0404.html#4.04 • Currently, Montesano does not have any food truck policy. • The Public Works director Mike Olden is working with the city council to create a food truck policy. • Gretchen Sagen is the city clerk 360 249 8500 • Kim Lillegard is the assistant clerk 360 249 8503 • Mike Olden is the Public Works director. Email: molden@montesano.us Phone: (360) 249-3939 • I emailed Mike on 5/25/22 asking what he and city council are currently considering. His response indicated that Montesano is just beginning to address the issue and he did not have anything to contribute at this time. Hoquiam, Wa Returned phone message from Brian Shay, the city administrator. Hoquiam does not have any specific code for food trucks. The can only operate in the city commercial zones and have to adhere to county health codes. Ellensburg, Wa. Chapter 6.64 SPECIAL EVENTS (codepublishing.comhttps://www.codepublishing.com/WA/Ellensburg/html/Ellensburg06/Ellensburg06 64.html#6.64.040) I did not see anything that I felt apples to Ocean Shores. Use the Ellensburg link above to read through Ellensburg’s municipal code that applies to food trucks / special events. 4. Food Trucks Led by: Planning Commission Page 21 of 23  Everett WA. Everett’s Mobile Food ordinance has been repealed. Ridgefield, WA. https://ridgefieldwa.us/businesses/mobile-food-vending/ Ridgefield Wa. link is not particularly helpful, but I copied and pasted it here to enable easy evaluation of Ridgefield’s intent. However, their “Food Vendor Pedaler form may be useful. It is included in this information packet. : Mobile Food Vending The process for obtaining authorization to operate a mobile food vending business in Ridgefield includes the following requirements: Washington State Business License Every business operating in the State of Washington is required to obtain a state business license. For additional information, visit the Washington State Department of Revenue Business Licensing Services website. City of Ridgefield Business License The City of Ridgefield requires a business license for operating within the City limits. All City business licensing will be processed as an endorsement through the Department of Revenue Washington State . Mobile Food Vendor License The City of Ridgefield requires a Special License for Mobile Food Vendors. Download the application here. Street Use Permit (If operating in the public right-of-way) Any mobile food vending unit that operates in the public right-of-way is required to obtain a street use permit. Food Establishment License All food businesses must obtain a license to operate a food establishment from Clark County Public Health. Visit the Clark County Food Safety website for more information. Mobile food vehicles are reviewed and inspected by the Washington State Department of Labor & Industries to ensure they meet health and safety standards, and a state permit is posted on each truck. Applications for Clark County Public Health Temporary Food Event Permits can be submitted online. Labor And Industries Inspection Mobile food vehicles are reviewed and inspected by the Washington State Department of Labor & Industries to ensure they meet health and safety standards, and a state permit is posted on each truck. Mobile food vending during special events such as a festival, fair or concert must be approved by the event organizer prior to the event. 4. Food Trucks Led by: Planning Commission Page 22 of 23  Vending at Special Events Mobile food vending during special events such as a festival, fair or concert must be approved by the event organizer prior to the event. Remember that permits are site-specific. This means that for any particular permit issued, the permittee may vend only from the location specified on the permit. Mt. Vernon, Wa. Not very helpful IMO. https://www.codepublishing.com/WA/MountVernon/#!/MountVernon17/MountVernon1792.html There are a few other issues that deserve consideration: click on the links to evaluate the information Food Trucks on Public or Private Property (Non-Right-of-Way) Food trucks outside the right-of-way present a few unique issues. First, food trucks on public property, such as a park, trigger a requirement to pay leasehold excise tax (http://dor.wa.gov/content/findtaxesandrates/othertaxes/tax_leasehold.aspx) pursuant to chapter 82.29A RCW. (http://app.leg.wa.gov/RCW/default.aspx?cite=82.29A) Agencies will want to factor that into account when setting food truck rates and be sure to remit the tax to the Department of Revenue. Second, some businesses, such as brew pubs, consider food trucks to be complimentary to their operations and allow food trucks to provide service on their property. To the extent a business owner provides space for food trucks on a regular basis, the use of that space may be subject to transportation impact fees. For example, Mount Vernon (http://www.codepublishing.com/WA/MountVernon/#!/MountVernon17/MountVernon1792.ht ml ) provides in its zoning provisions that transportation impact fees shall be assessed for mobile food van uses. 4. Food Trucks Led by: Planning Commission Page 23 of 23