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Home My WebLink AboutORD 3720. ~ • .. t • • . ORDINAMCE NO. 3720 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTERS 12.l2 and 4.10 OF THE PALO ALTO MUNICIPAL COOE AND ESTAbLISHING CRITERIA AND REVIEW PROCEDURES FOR COMMERCIAL SIDEWALK ENCROACHMENTS AND PUSHCART VENDORS WHEREAS, the Council is aware that there is increased com unity interest in allowin9 commercial sidewalk encroachments and pushcart vendors in comR~.erc i al areas of the City in order to enhance pedestrian atmosphere and services~ and WHEREAS, Sldewalk encroachment and pushcart vendors can be compatible with other business establishments~ and WH~REAS, location and clearance criteria assure that pedestriant vehicular and public safety concerns are addressed in a consistent manner; and WHEH~AS, the Council has reviewed and approved criteria and review procedures for sidewalk encroachments and pushcart vendors so as to ensure that aesthetic and safety concerns are addressed; and WHEREAS_. procedures. the Council wishes to codify these criteria and NOW, THEREFORE, OHDAIN: the Council of the City of Palo Alto does SECTION 1. Section 12.12.020 {Encroach•entsl is hereby added to the PAMC to read: 12.12.020 ~ ercial S~k Bacra.c~nt Per.ait Cr:iteria aad lle9iew ProcedahS. Subject also to the general regulations contained in Section 12·. t 2.0 lO above, permits say be granted for commercial sidewalk encroachmerits in accordance with the following criteria and procedures. (a} Use. Conaaercial sidewalk encroachments shall be restricted to: 1. Outdoor sales and display areas of flower and -1- ,, ,' : "!'' :'' ~ ' I ' ' '. • • plant shops; and 2. Outdoor ,eatin9 areas of eatin9 and ~rinJdng establishments. (b) Location and Clearance. 1. Commercial sidewalk encroach•ents shall be permitted only on public sidewalks in areas of the city zoned community commercial (CC}, service commercial (CS), neighborhood commercial {CN) and comme-rcial downtown (CD). 2. No commercial sidelll'alk er.croacnment shall be located in a manner that: ( i) i!l(pedes access to any city inspect ion, ma.i ntenance and ope rat ion devices or controls; ( ii) bloc.Ks cucb side access to a loading zone, as defined in Section 10.40.U1C; (iii) impedes pedestrian access from curb side vehicles to the adjacent sidewalk. 3. No commercial sidewalk encroach111ent shall be permitted (i) within a minimum sidewalk clearance width ot 8. 0 feet, measured between fixed objects (such as building walls and ucility poles)1 planter ~ells and/or curbs; or (ii) on a public sidewalk within a distance of 10.0 feet from corner curb lines and corner cross walks. 4. No awning, canopy or other si•ilar type pro- jection of a sidewalK encroacnaent shall be perzitted within a vertical clearance of less than 7.5 feet, measured vertically from a public sidewalk. (c) Permit application. Application for a coaaer cial sidewalk encroachment pe~it shall be aade to the director of public works or desi9nee, by tbe owner or h,,;:;see, .with the consent of the owner, of the adjacent property., Such application shall contain all infor mation necessary for a determination on the application including, but not limited to: 1. A statement of intended use, a •ap showing location and clearance distances · and a sketch of the proposed encroachment, showing di•en$ions and color; 2. A fee, as set forth in the municipal fee scnedule: -2- '' .. '! -· • 3. A certificate of insurance in an uount and form satisfactory to the city loss control aanaqer and a hold harmless and indemnity agree•ent in f4vor of the city. (d) Review and action on application. A co•plete application for a commercial sidewalk encroachment per~it shall be reviewed by city staff for a determination as to whether such application complies with the regulations <':Ontained in this chapter. Sucn review shall include a referral to the design staff of the department ot plan ning and community environment for review and comment. The design of the commercial sidewalk encroachment shall be evaluated as to whether it is reasonably compatible in scale, design and color with the character of adjacent and nearby building facades and public spaces. The d i rector of pub 1 i c works , or des i g nee , s h a ll grant o r: deny the application. (e) Conditions. Conditions of approval may be imposed on commercial sidewalk encroachment permits where they are required for tne maintenance of the public health, safett and welfare. (f) Revocation of permit. The director of public works, or designee, may revoke a comaercial sidewalk encroach ment permit if he/she deter~ttines that conditions of the permit or any provision of this chapter are being violated, or if municipal use of the area is required for reasons of public safety or conv.enience. In the case of a revocation, the permitee shall b~ notified. (g) Penalty and citation. Any person, fira or corpora tion violating ·any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be pun ishable as provided by . law. The followin9 designated employee positions· may enforce the provisions of this chapter by the issuance of citations, pur~maot to auth ority provided in Penal Code Section 836.5: chief building official and ordinance compliance inspector. -3- : .. ; :. ' \1 J. • • SECTION 2. Section 4.10.030 [Licenses] of the Palo Alto Munic1p~l Code is hereby renumbered and amended to read: 4.10.025 Peddler defined. A •peddler-• is a person, whether a resident of the city or not, traveling by foot, wagon, automotive vehicle· or any other type of conveyance, from place to· Place, froa house to house, or ·from street to street, carrying, conveying or trans porting goods, wares, merchandise, f::-uits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers. The word •peddler" includes the words "hawkern and "huckster•. SECTION 3. Section 4-10.030 is hereby added to the Palo Alto Munic1pal Code to read~ 4o10.030 Pushcart defined. A "pushcart• is a wagon, cart or mobile stand, entitled under this chapter to a stationary location on a public sidewalk, and intended for the sale of flowers or food. S~CTION 4. Section 4.10.035 is hereby added to the Palo Alto Municlpal Code to read: 4.10.035 Pushcart vendor defined. A npushcart vendor"' is a person 1 icensed pursuant to this chapter, who offers food intended for immediate consuaption or flowers for sale from a wagon., cart or mobile stand from a stationary location on a public sidewalk. SECTION 5. Section 4.10 .. 045 [Licenses] is hereby added to the Palo Alto. Municipal Code to read: 4. 10.045 License fees for puabcart · Yeadors. A daily or quarterly fee shall be levied upon the owner of a push~art. The owner of multiple pushcarts shall pay a fee and .obtain a license for each pushcart. Additional licenses shall be issued to employees· or lessees of a pushcart owner on the payment' of an annual fee for each employee, after approval and .investigation by the chief of police, or designee. All fees shall be as set for:th in 'the municipal fee schedule. -4- . ,,,, ~ ' ' ' ' 'i:. :~:. ' l ~.\\ ·'.:\i, ·' • 1 .. " ... , · .. ! I ,., ... ,>/• . /.~:. ·. .. .. • • SECTION 6. Subsection 4.10.050(f) .[Regulations tor Solicitors and Peddlers] of the Palo Alto Municipal Code is hereby repealed. SECTION 7. Section 4.10.057 [Licenses] is hereby added to the Palo Alto Municipal Code to read: 4 •. 10.057 Regulations for pushcart YeDdors. Sub- ject also to the· regulations and procedures contained in Chapter 4.04, licenses may be granted to pushcart vendors in accordance with the following criteria and procedures: (a) Use. Pushcart vendors snall be restricted to the sale of food intended for immediate consumption or flowers. (b) Location and clearance. 1. .?usncart vendors shall be permitted on public sidewalks except ( i) within residentially zoned dis tricts, (ii) within 150 feet of school sites, (iii) at locations adjacent to city libraries, community centers~ the Cultural Center, public safety facilities and city owned utility facilities, (iv) at locations adjacent to dedicated parks, other than sidewalks adjacent to Lytton Plaza and Cogswell Plaza; and { v) on designated bicycle paths. 2. Pushcart vendors shall be permitted in the area on the west side of Embarcadero Road adjacent to the Palo Alto Airport. 3. No pushcart vendor shall be located in a manner that (i) impedes access to any City inspection, maintenance and operational devices or controls: (ii) blocks curb-side access to a loading zone, ~s defined in section 10.40.010: (iii) impedes pedestrian access fr011 curb-side. vehicles to the adjacent sidewalk·:- 4. In ar~as zoned community couercial {CC)1, commercial downtown (CD) and in areas .of the downtown zoned public facility (PF), no push,cart Vt;lndor shall be permitted within a min'imum sidewalk. clearance width of eight fe~t between fixed objects ,planter wells and/or curbs.. Other .t.han in the above looat~ons, the miniawa sidewalk clearance width . for a pushcart shall be at least half of the sidewalk bUt not less than three (3) fett. -5- .. ' ' • • 5. No pushcart veridor shall be permitted on a public sidewalk within a distance of teo ( 10). feet from , corner curb lines and corner crosswalks. 6. No pu•hcait locate ( i) less than play window, or ( i i) pushcart vendor. vendor shall be permitted to five feet from the nearest dis less than\ 25 feet from anothet 7. Except on sidewalks adjacent to Lytton Plaza, no food pushcart vendor shall be permitted to locate within 100 feet of a restaurant or food market and no flower pushcart vendor shall be permitted to locate within 100 feet of a flower or plant shop. On sidewalks adjacent to Lytton Plaza, a food pushcart vendor shall be located at least 50 feet from a t"estaurant or food market and a flower pushcart vendor shall be located at least 50 feet from a flower or plant shop. 8. In nonpublic sidewalk locations, a pushcart vendor shall be situated in a manner that does not obstruct traffic and that assures safe vehicular and customer access. (c) Size and signage. 1. A pushcart structure shall not exceed five (5) feet in height and eight (8) feet in length. 2. Soft umbrellas or canopies which are qpen on four sides shall be permitted but shall not exceed eight (8) feet in height·, measured from ground level. 3. All . signs shall be placed on the pushcart structure1 no signs shall. be permitted on ancillary · umbrellas or canopies·. Freestanding signs, illuminated signs or flashing lights shall be prohibited. (d) Operations. 1. No pushcart vendor shall. sell food or flowers from eight p.m. to seven a.m. The pushcart shall be removed from its assignedlocation by eight p.m. 2. No fires and open ·£lame heating equipment, incident.al to the operations of the pushcart, shall be permi tt.ed. -6- .. .. ' • • 3. No pushcart vendor shall shout, blow a horn, ring a bell or use any sound d~vice or musical instru~ ment; including any loud-speaking radio or sound amplifying system, for the purpose of attracting attention to any goods or merchandise on sale from the pushcart. 4. No pushcart vendor shall represent that all or a portion of the proceeds from the pushcact sales will be used for charitable, religious, educational, commun ity, recreational, political or similar nonprofit pur pose or are to be transmitted to any person, firm or corporation for any such purpose unless such vendor is licensed under chapter 4.30 of this code. 5. A pushcart vendor shall comply with all applicable federal, state or local laws including the regulations of the Santa Clara County Health Depart ment. (e) License application issuance and revocation. Procedures for the application for issuance of and revo cation of a pushcart vendor license shall be in accord with the provisions of chapter 4.04, provided that the following additional regulations shall apply: ls The application shall contain a statement of intended use, a map showing location and clearance dis tances, and a sketch of the proposed pushcart showing dimensions a·nd. intended colors~ 2. The application Bhall include a certificate of insurance in an amount and form satisfactory to the city loss control manager an.d a ·hold harmless and indemnity ~greement in favor of the city: 3. A complete application for a pushcart vendor license shall be reviewed by the city staff for a det•r mination as to whether such. application complies with the regulations contained in this chapter. Such review shall in·=lude a. referral ·to .tne design staff. of the depactment of planning and community environment for review and cqmment. ·· The design of .the· pushcart shall be evaluated on its own merits rather titan for its compatability with the character of nearby building facades. -7- ,:• • • 4. Conditions of approval may b~ imposed on push cart vendor 1 icenses where, they are required for , the maintenance of the public health, safety and welfare. 5. The chief of police, or d~sigriee, may revoke the pushcart vendor license if he or she detecmines that the conditions of the license or any provisions of this chapter are being violated, or if municipal use of the sidewalk is req:ui red for reasons of public safety or convenience. In the case of a revocati0n, the licensee shall be notified. (f} Penalty. Any person, firm or corporation violating any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided by law. (g) Effect of section. Pushcart vendors who have valid licenses on the effective date of this section, pursuant to prior regulations or guidelines applicable to peddlers, but whose pushcart structures exceed the s).ze requirements contained in ~ubsection 4.10.057(c), shall .be allowed to process 1 icense renewals and con tinue the use of the pushcart for a period not to exceed five (5} years from the effective date of this section. SECTION 8. Severability. If any provision or clause of this ordinance ~s held to be unconstitutional or otnerwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions of this ·ordinance, and clauses are de-. clared to be severable. . ' . SECTION 9. The Council hereby finds that non• of the provi sions·' of this ordinance will have a significant. environmental impact. SECTION 10. This ordin~nce shall become effective upon the commertcement of ~he thirty-first ~ay after the day of its pa~sage. -8- ·;···· • I # .. • .. • • INTRODUCE[): Octc;.ber 27, 1986 PASSED: November 10, 1986 A'It:S: Betchtel, Cobb, FletcherJ Klein, Levy, Pat'itucci, Renzel, Sutorius, Woolley .. NOf;S: None ABS'l'ENTIONS: None ABSENT: None A~P:~V~D: J ~144{r __ Mayo.c- C1ty Ma ag"=•r ~-biJl~ ·----Director of Public Works -9-