Loading...
HomeMy WebLinkAboutDRC_2013-08-14_AgendaPacketCALL TO ORDER CITY OF ATASCA DER 0 DESIGN RE VIE W COMMITTEE A GENDA Committee Meeting Wednesday, August 14, 2013 3:30 P.M. City Hall Conference Room 4 6907 El Camino Real Atascadero, California Roll Call: Chairperson Fonzi Committee Member Kelley Committee Member Anderson Committee Member Dariz Committee Member Kirk APPROVAL OF AGENDA PUBLIC COMMENT CONSENT CALENDAR 1. APPROVAL OF DRAFT ACTION MINUTES OF JULY 31, 2013 Find us on FaCebooWtl)://www.facebook.com/i)lanningatascadero © City of Atascadero Design Review Committee Agenda DEVELOPMENT PROJECT REVIEW 2. Mobile Food Vending 8305 and 6760 El Camino Real PLN 2013-1474 / DRC 2013-0039 Regular Meeting, August 14, 2013 Page 2 of 2 Property Mr. Ben Hoff, P O Box 2372, Atascadero, CA 93423 Owner/Applicant: Mr. Hubert Laprade, 12680 San Cayetano Road, Atascadero, CA 93422 Mr. Gregory Snell / Rhino Food Truck, 6855 Morro Road, Atascadero, CA 93422 Project Title: RHINO FOOD TRUCK PLN 2013-1474 / DRC 2013-0039 Project Location: 8305 EI Camino Real, Atascadero, CA 93422 APN : 030 -152 -038 (San Luis Obispo County) Project A proposed stationary mobile food vending in both the Commercial Retail (CR) and Description: Downtown Commercial (DC) as an accessory use to existing retail commercial uses. The primary location of the mobile food truck will be at 8305 EI Camino Real between the hours of 7am to 3 pm. A secondary location is proposed to be at 6760 EI Camino Real one (1) evening per week. General Plan Designation: General Commercial (GC) / Downtown (D) Zoning: Commercial Retail (CR) / Downtown Commercial (DC) Proposed Environmental Ministerial Project (Sec. 15073); Exempt from CEQA Determination: Staff Recommendation: DRC to provide direction to Staff on how to proceed with mobile food vendor permitting COMMITTEE MEMBER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT City Staff will contact the Committee for next DRC meeting date: no items currently scheduled. Agendas, Minutes and Staff Reports are available online at www.atascadero.org under City Officials & Commissions, Design Review Committee. ITEM NUMBER: 1 DATE: 8/14/13 CITY OF A TASCADERO DESIGN REVIEW COMMITTEE DRAFT ACTION MINUTES Regular Meeting — Wednesday, July 31, 2013 - 9:00 A.M. City Hall Conf. Rm. 4 6907 EI Camino Real, Atascadero, California CALL TO ORDER — 9:07 a.m. Acting Chairperson Dariz called the meeting to order at 9:07 a.m. ROLL CALL Present: Chairperson Fonzi (arrived at 9:30 a.m.) Committee Member Kelley (excused absence) Committee Member Anderson Committee Member Dariz Committee Member Kirk Staff Present: Community Development Director Warren Frace Senior Planner Callie Taylor Others Present: Albeir Samaan — Owner, Paloma Creek Market Chris Thomas — Representative, Paloma Creek Market Ray Buban — Owner, Restaurant Morro Road APPROVAL OF AGENDA MOTION: By Committee Member Anderson and seconded by Committee Member Kirk to approve the Agenda. Motion passed 3:0 by a roll -call vote. PUBLIC COMMENT None Design Review Committee Draft Action Minutes July 31, 2013 CONSENT CALENDAR 1. APPROVAL OF DRAFT ACTION MINUTES OF JUNE 26, 2013 Page 2 of 5 MOTION: By Committee Member Anderson and seconded by Committee Member Kirk to approve the consent calendar. Motion passed 3:0 by a roll -call vote. DEVELOPMENT PROJECT REVIEW 2. PALOMA CREEK MARKET PLN 2009-1320 / CUP 2009-0239 / DRC 2012-0036 Property Paloma Creek Market INC, 5599 Hollister Ave, Goleta, CA 93117 Owner/Applicant: Project Title: Paloma Creek Market PLN 2009-1320 / PPN 2009-0244 / CUP 2009-0239 / DRC 2013-0036 Project Location: 11250 Viejo Camino, Atascadero, CA 93422 APN : 045-342-014 (San Luis Obispo County) Project Description: On June 26, 2013, DRC reviewed the proposed kitchen expansion and discussed the site's existing non-compliance. DRC provided direction regarding several site items, and requested that the design of the kitchen's exhaust fan venting system and the revised landscape plan be brought back to DRC for additional review. In recent weeks staff has met with the applicant to discuss these design issues and the applicant has provided updated plans for DRC review. General Plan Designation: GC General Commercial Zoning: CN Commercial Neighborhood Proposed Environmental Consistent with previously certified environmental document Determination: Staff Recommendation: Staff recommends DRC review and approve the revised plans for the exhaust fan venting system and site landscape, and authorize the applicant to move forward with completing building permits and subsequent construction for the kitchen expansion and site compliance. Senior Planner Callie Taylor gave a brief project update covering the landscape and exhaust vent, to the Design Review Committee; • Exhaust vent moved vertically to roof • Make-up air box screened with siding to match building • Vent painted to match roof • Timing — prior to final okay Design Review Committee Draft Action Minutes July 31, 2013 COMMITTEE DELIBERATIONS Committee Dariz • Landscape - ok • Exhaust vent — ok as presented Committee Member Anderson • Landscape needs groundcover Committee Member Kirk • New irrigation? (yes) PUBLIC COMMENT None Page 3 of 5 MOTION: By Committee Member Dariz and seconded by Committee Member Kirk to approve the revised plans as submitted, with the following change: a) Install screening around make-up air unit to match the building. Motion passed by 3:0 by a roll call vote. DEVELOPMENT PROJECT REVIEW 3. RESTAURANT, 7905 Morro Road PLN 2012-1433 / DRC 2012-0020 Property Ray Buban Owner/Applicant: Project Title: PLN 2012-1433 / DRC 2012-0020 Project Location: 7905 Morro Road (APN: 031-161-019) Atascadero, CA 93422 (San Luis Obispo County) Project Description: DRC originally reviewed the subject site on March 28, 2012 to discuss the proposed conversion of a strawberry stand to a restaurant. Per Atascadero Municipal Code Section 9-2.107, commercial remodels are reviewed by the DRC to ensure consistency with the City's appearance review standards. During the recent construction a kitchen ventilation system for the new restaurant, an exhaust fan and associated makeup air equipment were installed on the roof of the building. The equipment was not identified on the original plans approved by the DRC or the building permits. Due to the slope of the roof and the scale of the building, staff has concerns that the roof mounted equipment is highly visible, and therefore inconsistent with the screening requirements of the City's appearance review standards, as well as the DRC's original project approval. General Plan Designation: General Commercial (GC) Zoning: Commercial Professional CP Design Review Committee Draft Action Minutes July 31, 2013 Page 4 of 5 Committee Member Dariz stepped down / represents applicant. Senior Planner Callie Taylor gave a brief presentation on the project history and the kitchen venting issue to the Design Review Committee. PUBLIC COMMENT None COMMITTEE DELIBERATIONS Senior Planner Taylor • Recommends moving make-up to back slope • DRC has discretion on appearance options Committee Member Anderson • Fire wall prevents relocation of venting system / screening better / favors chimney • Chimney would look fine Committee Member Dariz (represents applicant) • Fire wall prevents relocation / screening better with faux chimney Committee Member Kirk • What are the material options for screening • Monument sign — not shown (not part of plans) • Chimney good solution Chairperson Fonzi • Chimney would be okay — would look fine • Building needs landscaping • Chimney with faux brick (staff to review plan) Ray Buban — Restaurant representative • Wants chimney option / better than relocation (too close/dry walled) Proposed Class 1 Categorical Exemption for an existing facility Environmental Determination: Staff Recommendation: Staff recommends DRC visit the site to observe the existing roof mounted equipment, and provide staff and the applicant direction regarding possible screening requirements or relocation. Staff recommends that the makeup air equipment be moved to the rear slope of the building where it would not be seen by the public right-of-way, and the exhaust fan located at the roof pitch be painted a compatible color to match the building architecture. The applicant may propose other screening options to be reviewed and considered by the DRC. Committee Member Dariz stepped down / represents applicant. Senior Planner Callie Taylor gave a brief presentation on the project history and the kitchen venting issue to the Design Review Committee. PUBLIC COMMENT None COMMITTEE DELIBERATIONS Senior Planner Taylor • Recommends moving make-up to back slope • DRC has discretion on appearance options Committee Member Anderson • Fire wall prevents relocation of venting system / screening better / favors chimney • Chimney would look fine Committee Member Dariz (represents applicant) • Fire wall prevents relocation / screening better with faux chimney Committee Member Kirk • What are the material options for screening • Monument sign — not shown (not part of plans) • Chimney good solution Chairperson Fonzi • Chimney would be okay — would look fine • Building needs landscaping • Chimney with faux brick (staff to review plan) Ray Buban — Restaurant representative • Wants chimney option / better than relocation (too close/dry walled) Design Review Committee Draft Action Minutes July 31, 2013 • Will paint exhaust fan to match building • Pictures of vents in town/site photos • Landscaping to be added • Chimney — wood painted to look like brick proposed Community Dev. Director Frace • DRC should spec chimney material Chairperson Fonzi / Committee Member Anderson • Not plywood — should be solid & durable • Staff to approve design of chimney cover Page 5 of 5 MOTION: By Committee Member Kirk and seconded by Committee Member Anderson to recommend approval as submitted with the following conditions: a) Applicant to move forward with the chimney screening option for make-up air unit rather than relocating the venting system b) Work with Staff to enhance look of chimney - faux brick c) Paint the exhaust fan to match building d) Add landscaping e) Completed prior to final Motion passed by 3.0 by a roll call vote. COMMITTEE MEMBER COMMENTS AND REPORTS None DIRECTOR'S REPORT Update on projects/development activity in Atascadero ADJOURNMENT - 9:55 a.m. City Staff will contact Committee for the next DRC meeting date; no items currently scheduled. MINUTES PREPARED BY: Warren Frace, Community Development Director t:\— design review committee\minutes\minutes 2013\draft action minutes 7-31-13.docx ITEM NUMBER: 2 DATE: 8-14-13 A tascadero Design Review Committee Report In Brief - Community Development Department CAD ! Alfredo Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org 8305 EI Camino Real 16760 EI Camino Real Mobile Food Vending Owner: Robbie & Ben Hoff / Hubbert Laparde Applicant: Greggory Snell , 6855 Morro Road, Atascadero, CA 93422 Address: 8305 EI Camino Real / 6760 EI Camino Real APN: 030-152-038 / 030-192-020 ' General Plan: General Commerical (GC) Downtown (D) Zoning: Commerical Retail (CR) Downtown (DC) Exisiting Commerical retail uses including a restaurant, a board shop and an automotive towing facility Proposed: Mobile Food Vending primarily in the Commerical Retail (CR) zone. ❑ Review fixed location of proposed mobile food vending including sufficient parking and circulation ❑ Provide input on conflicts with exisiting or neighboring proert owners ❑ Review exisitin ordinances and provide direction for future mobile vendors and/or g direction for future City Ordinance Background: City Staff has reciceviced a business permit application from Mr. Greggory Snell, owner of Rhino Food Truck. Mr. Snell is proposing a "stationary" mobile food vending truck at ITEM NUMBER: 2 DATE: 8-14-13 8305 EI Camino Real. The exisiting commercial building includes two exisiting tenants (Dominoes Pizza and 805 Surfborard Shop), with an adjacent autmoative repair and shop on the same parcel (West Coast Auto Towing). Typically, a "fixed" location restaurant (located wholly within a building) would be allowed use in both the Commerical -Retail and Downtown zoning districts and would require a business license and zoning clearance. Mobile Food Vending is only permitted in the City's use code if the vehicle stops for no longer than 15 minutes in a single location. At this time, the City does issue business licneses for mobile food vendors under the "home occupation" license if they own a home within the City or through a "out of town" business license if they are conducting business within the City Limits, but with a base of operation outside of the City. Applicant Proposal The applicant is proposing to remain at 8305 EI Camino Real Monday through Saturday from the hours of 7am to 3pm. The applicant is proposing to locate the mobile food truck adjacent to the 805 Board Shop. Based on the submitted site plan, the applicant has not indicated the distance between the building and the location of the truck. The distance between the edge of right-of-way along Palomar Avenue and the exisiting commercial center is approximately 48 -feet. 8305 EI Camino Real Site 4 god ition r.1 Exisiting Site On-site parking consists of six (6) parking spaces directly adjacent to both the 805 Board Shop and Dominoes Pizza and an additional four (4) spaces south of Dominoes that is on the property. Two of these spaces currently have dumpsters placed on them since there is no trash enclosure location. The Pizzeria does not have any tables within the restaurant and is utilized as a carry -out and delivery only. Based on previously approved building plans, the pizzeria requires six (6) parking spaces for its operations. The 805 Boardshop had a zoning clearance for four (4) parking spaces. Additional parking for ITEM NUMBER: 2 DATE: 8-14-13 the vacant space (8305 EI Camino Real "C") would need to be stipped an may be accommodated on-site. Staff is concerned with the following on-site issues with a mobile food truck at the 8305 EI Camino Real location: ❑ Potential lack of stripped parking ❑ Circulation iussues with the exisiting retail center and at West Coast towing ❑ Conflict with exisiting restaurant uses. An additional "restaurant" type use that would generate additional parking and traffic. Staff is requesting a review by the DRC for direction on how to proceed with a "fixed" mobile food truck at this location. View of Proposed Mobile Food Truck In addition, the applicant is proposing a 2nd fixed location (Molly Pitcher Brewing Company) in the Downtown zone for one night a week. This proposed fixed location would be located in the rear of the property and not visible from the EI Camino Real right-of-way. There are no parking requirements for the businesses within the Downtown zoning districts. Staff does not have a concern with parking since there is sufficient parking either along EI Camino Real or within the vicinity of Molly Pitcher Brewing Company. However, a mobile food vendor does conflict with other resutaunts in the Downtown zone now or conflicts in the future may rise as new restuarnts open up in the downtown, consistent with the City's economic development goals. ITEM NUMBER: 2 DATE: 8-14-13 Proposed Molly Pitcher Brewing Location E y J 1* Mobile Food Regulations The applicant's request for a business license is one of numerous requests by residents and others to establish mobile vending businesses in the City, in particular mobile food facilities. Mobile vending, has grown over the last few years due to the lower start-up costs then the typical store front operation, and an increase in popularity as high-end mobile food venders have become very popular in larger cities. Due to this growing presence over the past few years, City staff has reviewed the Atascadero Municipal Code and several other city ordinances regarding how these type of business are regulated and the types of permits that area issued. The following are the existing regulations for mobile vendors within the City. Staff informs potential future business owners of these rules. These are based on the existing Municipal Code: • No Mobile vendors may stay in one location for more than 15 minutes (Atascadero Municipal Code 4-2.1109); • Mobile vendors, and any individual utilizing the service, shall not disrupt traffic flow or pedestrian access or block public right-of-ways. (AMC 4-2.1109); • A mobile vendor must have a business license from the City; • Mobile food facility must comply with all regulations and permitting requirements set by the San Luis Obispo County Department of Public Health. (AMC 6-1.01) These regulations do not address major questions that potential business owner have when they inquire about opening a mobile vending business. These questions include the following: • Can they utilize a City Park or on -street City parking to conduct their business? ITEM NUMBER: 2 DATE: 8-14-13 • May they co -locate with an exisiting business, and if so what are the regulations? • Can they operate on vacant lots such as the corner of EI Camino Real and Morro Road? The City may not outright ban mobile vendors from utilizing public streets or parking to sell goods (California Vehicle Code § 22455). This law was enacted in January of 1986. As a general law City, the City must abide and enforce the regulations enacted by the State. The California Vehicle Code section states the following: canrorniayenicie code (uvu) § zz400 (a) The driver of any commercial vehicle engaged in vending upon a street may vend products on a street in a residence district only after bringing the vehicle to a complete stop and lawfully parking adjacent to the curb, consistent with the requirements of Chapter 9 (commencing with Section 22500) and local ordinances adopted pursuant thereto. (b) Notwithstanding subdivision (a) of Section 114315 of the Health and Safety Code or any other provision of law, a local authority may, by ordinance or resolution, adopt additional requirements for the public safety regulating the type of vending and the time, place, and manner of vending from vehicles upon any street. The State vehicle is not specific on how long or whether it is vaild in a commercial district. This law was upheld by the California Supreme Court in Brajas v. City of Anaheim 15 Cal.App.4th 1808, 1817, whereas a City cannot outright ban mobile vehicle vending. The City does have the right to place limits on the type of vending, the time, place, and manner, consistent with State Law. In addition, the City can also regulate and ban "pushcarts" or other non -motorized vending, consistent with Amezcua v. City of Pomona (1985) 170 Cal. App. 3d 305 [216 Cal. Rptr. 37] based on the City's ability to regulate businesses on City's streets. This is an important issue that needs direction from the DRC to create either a new policy or a new ordinance that clearly regulates and provides the ability for entrepreneurs to contribute to the local economy while striking a balance with those businesses that are located in "brick and mortar" buildings. Existing Municipal Code The following is a summary of the existing municipal code sections that provides the existing path to allow mobile food vendors. The Food and Drink Establishments of Title 6 in the AMC establish rules and regulations of businesses that provide and serve food. Section 6-1.01 does define a "retail food vehicle" (mobile food vendor). A valid permit obtained through the San Luis Obispo Environmental Health Department is required. Similar to the City's Animal Control service, the City defers our health inspection and health official to the County's Environmental Health department. Chapter 6 focuses mainly on food and drink establishments that have a fixed or permanent location, however this section does establish the need to obtain health department approval. ITEM NUMBER: 2 DATE: 8-14-13 The County charges various fees depending on the type of mobile food vending proposed. The following is the fee schedule for Fiscal Year 2013-2014 for an annual health permit: • Mobile Food Facility — Push Cart (hot dog stand, shaved ice, etc.) $237.00 • Mobile Food Facility — Caterer Commissary (food prepped off-site) $474.00 • Mobile Food Facility — Preparation (food prepped within the vehicle) $466.00 • Produce Stand / Farm Stand - $279.00 Title 4 of the Public Safety code Section 4-2.1109 provides additional direction on where mobile food vendors cannot be located. Section 4-2.11 U9 - unlawful parking by peddlers and vendors No person shall stand or park any vehicle, wagon, or pushcart from which goods, wares, merchandise or foods are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion of any street, except that such vehicles, wagons, or pushcarts may stand or park only at the request for a bona fide purchaser for a period not to exceed fifteen (15) minutes at one (1) place. The provisions of this section shall not apply to persons delivering such articles upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution Title 9 of the City's zoning Code addresses temporary sales and seasonal sales. Section 9-6.174 allows commercial zones the ability to conduct "sidewalk" or temporary sales. The code states that these sales shall be conducted "no more frequently than one (1) or two (2) day period in every ninety (90) days". This portion of the code does not specially addresses additional time for a "temporary" on-site sale, nor does it address sales generated from one business owner with permission from a property owner. Examples of Mobile Food Vendor Regulations and Codes: The following are various examples of regulations for mobile vending that the DRC may take into consideration for providing a direction to staff. Some of the rules to regulate mobile vendors add additional details necessary to process a business license while another adds an additional fee. Staff reviewed municipal codes from various agencies within the region including Paso Robles, San Luis Obispo, Morro Bay, Pismo Beach, Arroyo Grande and San Luis Obispo County. In addition, staff review other codes throughout the State to determine of other agencies had come up with a creative solution for mobile vendors. Paso Robles and other surrounding cities are also looking into implementing new regulations to provide support for mobile food vendors and may look to our City as an example of how to regulate these businesses. The City of San Luis Obispo requires a use permit if a business seeks to park in the right of way and sell goods and services for more than ten minutes at a time in one location. Applicants are required to specify hours of operations and proposed location of ITEM NUMBER: 2 DATE: 8-14-13 operation is a business is seeking a use permit. Similar to Atascadero, the City has experienced an increased number of inquiries regarding mobile vending, specifically mobile food facilities. The San Luis Obispo City Council has authorized City Staff to review the City's existing regulations and take into account the following: • Zoning based regulation of mobile food vendors (i .e., restrictions on sales activities in certain zones) • Restrictions on hours or locations of operation • Regulation to minimize adverse impacts to and interference with the safe flow of vehicle and pedestrian traffic • Regulation to ensure safe public right of way passage and accessibility for disable users • Provisions governing queueing and crowd control, especially in the vicinity of downtown bars and nightclubs during certain nighttime and early morning hours The City of Paso Robles has no rules regulating mobile food vending at this time other than state regulations pertaining to vehicle code. The city of Half Moon Bay heavily regulates mobile food to aid existing restaurant owners because of the potential decrease in revenues from their fixed restaurant locations. A mobile vendor is required to obtain a $65 "mobile vending" permit. In addition to the permit, a mobile vendor needs to attend health safety classes and a criminal background check. After these steps, the vendor may proceed, but only for 15 minute times in each location that has been specified and approved by the mobile vending permit. These permits are kept on file at the City. To obtain a Mobile Vendors License from the City of Half Moon Bay, the vendor must submit the following: • A completed Mobile Vendor Application Form • A copy of a Health Permit from the County of San Mateo's Health Department • A copy of a Business License from the City of Half Moon Bay • A copy of the Mobile Vendor's Permit San Luis Obispo County recently updated its standards for outdoor retail sales to provide regulations for farmers' markets, sales from individual vehicles, seasonal sales, and sidewalk sales. The regulations include business license clearance, hours of operation, parking requirements, food sales, and signage regulations. The regulations state whether an allowed use requires a minor use permit approval, limited hour duration, site plan layouts, approval from land owner, location map, and/or an encroachment permit. The following General requirements apply to all temporary outdoor retail sales: • Business License Clearance • Daylight hours for operation with all sales facilities, signs and any related vehicles removed from the site at the close of daily business. • Parking requirements. None, provided sufficient open area is available to ITEM NUMBER: 2 DATE: 8-14-13 accommodate all employee and customer parking needs either on the site or on adjoining property, entirely outside of public rights-of-way other than designated parking spaces. • The sale of raw or processed foodstuffs is subject to applicable regulations. • Signs allowed in conjunction with outdoor retail sales are subject County regulations. Recommendation: Staff is recommending that the DRC review two issues. The first is whether the applicant will be able to operate a "fixed" mobile food vending business at 8305 EI Camino Real and 6760 EI Camino Real. Staff is concerned with the 8305 EI Camino Real location. DRC is being asked to review and provide direction on whether to allow a "fixed" mobile food vendor. The second issue is based on direction given by the DRC for the applicant. From this direction, City Staff can be directed to either write a policy or ordinace to address mobile food vending. Mobile vending has evolved over the last few years and is currently experiencing a surge in demand due to current economic conditions for not only the consumer, but for business entrepreneurs. The City does not have clear guidelines, regulations and expectations to potentially encourage this type of business within the City. The DRC should take into consideration existing businesses. In other cities, restaurant owners and other businesses that have mobile vendors as competitors have complained that mobile vendors have unfair advantages including the ability to not having to provide customers with restrooms or seating, much less pay the rent or property taxes of a fixed location. The following are issues that the DRC should consider in giving staff direction on either developing a formal "policy" for mobile vending, or writing an ordinance for mobile vending that may be adopted with the City's public health and safety in mind: • Restricting mobile vending to certain zoning designations throughout the City, however an outright ban may not be applicable. • Sufficient time limit for parking in one location. • Creation of a new business license for mobile vending, based on the type of proposed vending to assist staff and enforcement of new regulations • Requirements for "fixed" mobile food vending in a specific location including parking, circulation, etc. • Prohibition of mobile vending, specifically food facility in certain City Parks such as the zoo or lake park because of existing contracts with vendors. • Provisions to collect local sales tax. • Minimum separation requirements from exisiting resturants. ITEM NUMBER: 2 DATE: 8-14-13 Attachments: Attachment 1: Site Photos Attachment 2: Applicant Letter Attachment 3: Applicant Site Plan Attachment 4: San Luis Obispo County Mobile Food Facility Permit Information ITEM NUMBER: 2 DATE: 8-14-13 Attachment 1: Site Photos ITEM NUMBER: DATE: 8-14-13 Attachment 1: Site Photos ITEM NUMBER: 2 DATE: 8-14-13 Attachment 2: Applicant Letter RECEWED i IRIT 8/14/2013 Gregory Snell Rhino Food Truck 6855 Morro rd. Atascadero, CA 93422 Atascadero City Dear Sir or Madam I am applying for a business license for the City of Atascadero. I have been a resident of the city for thirty six years and have been working in the community for most of those years. It is my wish to continue working in and adding to the community by opening my own business in my home town. The Rhino Food Truck is the business I plan to start here. I have purchased a food truck and have improved it to bring it up to the high standards of the San Luis Obispo Environmental Health Department. The truck has been inspected by Brad Prior of the department and has been given the stamp of approval. I have two local businesses that have offered their services for the required commissary. I have also gotten the approval of Ryan Amborn to do business in front of the 805 Board Shop. He is the owner of the board shop and West Coast Auto and Towing and feels it will be a symbiotic relationship as 1 will be bringing customers closer to his business than they might normally travel. I hope to aid in the prosperity of his business as well. Most of my business will be conducted at this spot. I believe that it will give me the opportunity 1 need to succeed without having to be on a constant move. I feel that the parking issue would be much greater if I stopped at varying spots around the community. Not allowing for off street parking for my guests. I will be travelling to Molly Pitcher on EI Camino Real for one weekend night. My truck will be parked in the rear of the building as to not create a parking problem at the street. My menu will consist of mostly comfort foods. Hamburgers, hot dogs, sandwiches, salads, and an array of pre-packaged foods and drinks. I will be serving breakfast foods and coffee in the morning hours as well. My normal operating hours will be from lam to 3pm Monday through Saturday. With the one night at Molly Pitcher from 6pm-10pm. Attachment 2: Applicant Letter ITEM NUMBER: DATE: 8-14-13 I am looking forward to opening a quality establishment that the community will embrace. My goal is to make a living in the City of Atascadero while keeping the quality of the community in mind. I have witnessed lesser vendors in our town. I will not be in that category. Thank you for your time with this matter. I hope to see you at the Rhino Food Truck in the near future! Sincerely, Gregory Snell Gregory Snell Owner/Operator Rhino Food Truck Attachment 3: Applicant Site Plan V r Mt Cc ITEM NUMBER: 2 DATE: 8-14-13 O ---Io M N 4 J or N 4 ITEM NUMBER: 2 DATE: 8-14-13 Attachment 4: San Luis Obispo County Mobile Food Permit Information COUNTY OF SAN LUIS OBISPO ^" Environmental Health Services ��.�.q��s�y r y� 2156 Sierra Way - PO Box 1489, San Luis Obispo, California 93406 "-"s" •✓ Phone: (805) 781-5544Fax: (805) 781-4211 MOBILE FOOD FACILITY PERMITTING REQUIREMENTS Definitions A "mobile food facility' is any vehicle used in conjunction with a commissary or other permanent�a food facility upon which food is sold or distributed at retail. A "mobile food facility" does not include �, i a 'transporter" used to transport packaged food from a food facility, or other approved source to the consumer. - A "mobile support unit" is a vehicle used in conjunction with a commissary or other permanent food facility that travels to and services mobile food facilities approved for limited food preparation as needed to replenish supplies, including food and potable water, clean the interior of the unit, or dispose of liquid or solid wastes. Both mobile food facilities and mobile support units are subject to permitting and plan review. Requirements are based on the proposed method of operation and the number of mobile food facilities serviced (for mobile support units only). Permitting Requirements 1 . No mobile food facility may operate without a valid San Luis Obispo County Heahh permit. 2. Permits, once issued are specific to the vehicle license plate number and the name of the current registered owner of the mobile food facility. Owners of multiple mobile food facilities must receive a permit for each individual mobile food facility. 3. Permits are nontransferable. 4. The permit must be posted or otherwise maintained within the vehicle at all times. 5. The following must be completed prior to receiving a health permit: a. Submit mobile food facility application (required for initial permitting only), b. Submit commissary agreement (required annually), c. Show proof of food safety certification, as applicable (updates required following recertification only, recertification is required every 5 years), d. Submit written operational procedures (required only for initial permitting and following changes to previously approved operational procedures and/or menu items), e. Submit toilet facilities use form (annually), f. Show proof of certification by Housing and Community Development (required for initial permitting of enclosed mobile food facilities only), g. Pay applicable health permit fee (annually), h. Pass a mobile food facility inspection (annual, mobile food facility structural conditions and food service operations must comply with the requirements detailed in this handout). Commissary Requirements No food may be prepared or stored in a private home. All mobile food facilities must operate in conjunction with a commissary, mobile support unit, or other facility approved by the enforcement agency (unless the mobile food facility operates solely at community events and remains in a fixed position during food preparation and its hours of operation). Complete and submit the attached form annually, "Statement of Commissary Use". In order to have protection from unsanitary conditions, mobile food facilities and support units must be stored at the commissary unless approved by the health department for storage at another location. All commissaries and other approved facilities servicing mobile food facilities and mobile support units must meet the following requirements: 1. Adequate facilities must be provided for the sanitary disposal of liquid waste from the mobile food facility or mobile support unit being serviced, 1 of15 P:1EH%EH_CommoniDOCUMENT$FormsiFOODWobileFFRequiremertsnoforms2010.doc ITEM NUMBER: 2 DATE: 8-14-13 Attachment 4: San Luis Obispo County Mobile Food Permit Information 2. Adequate facilities must be provided for the handling and disposal of garbage and refuse originating from a mobile food facility or mobile support unit, 3. Potable water must be available for filling the water tanks of each mobile food facility and mobile support unit that requires potable water, a Faucets and other potable water sources must be constructed, located, and maintained so as to minimize the possibility of contaminating the water being loaded, 4. Hot and cold water, under pressure, must be available for cleaning mobile food facilities and mobile support units. 5. Adequate facilities must be provided for the storage of food, utensils, and other supplies, 6. Commissaries that service mobile food facilities conducting "limited food preparation" must provide a food preparation area. 7. Servicing areas at commissaries must be provided with overhead protection (unless used only for the loading of water or the discharge of sewage and other liquid waste through the use of a closed system of hoses), & Servicing areas used for cleaning must be sloped to drain to an approved wastewater system, 9. Adequate electrical outlets must be provided for mobile food facilities and mobile support units requiring electrical service. Food Safetv Certification Mobile food facilities that prepare, handle, or serve non -prepackaged potentially hazardous food, must have an owner or at least one employee who has successfully passed an approved and accredited food safety certification examination. 1. Certification is required for each mobile food facility operated under single owner. 2. The permit holder of the mobile food facility is provided with 60 days to obtain food safety certification when: a. Beginning initial operation, b. Undergoing a change of ownership, c. The mobile food facility experiences changes in personnel resulting in the loss of the previously employed certified food handler. Written Operational Procedures The permit holder of a mobile food facility handling nonprepackaged food must develop and follow written operational procedures for food handling and the cleaning and sanitizing of food contact surfaces and utensils The enforcement agency will review and approve the procedures prior to implementation and an approved copy must be kept on the mobile food facility during periods of operation. Complete and submit the "Operational Procedures for Mobile Food Facilities" form. Business License and Code Enforcement Approval Receipt of a health permit verifies the facility is approved for food preparation and/or service, however does not provide clearance to conduct business or to set up in any chosen location. Owners must obtain the necessary business permits from the local City Hall or County Business Tax office (if located in a non -incorporated area of the county) prior to operating and should also verify whether city or county code enforcement agencies have restrictions regarding sales from vehicles. Ensure that local city and/or county code enforcement agencies provide location approval prior to beginning operation. Identification Each mobile food facility and mobile support unit must have legible, clearly visible to patrons, and permanently affixed identification in a color that is contrasting with the vehicle exterior. Motorized mobile food facilities and mobile support units shall have the required identification on two sides. Identification must provide the following: 1. The business name and name of the permit holder using minimum 3 -inch letters and numbers (the permit holders name is not necessary if the name is included as part of the facility name), 2. City, state, ZIP code, using minimum 1 -inch letters and numbers, 2of15 PIE HE M—Commonl)OCUMENTforms%FOODWobile FF Requirements no forms 2010.doc ITEM NUMBER: 2 DATE: 8-14-13 Attachment 4: San Luis Obispo County Mobile Food Permit Information Toilet Facilities Mobile food facilities that stop to conduct business for longer than one hour in the same location must be located within 200 feet of approved and readily available toilet and handwashing facilities to ensure restroom facilities are available to facility employees. Approved means that handwashing facilities are provided with warm water (minimum 1000F), pump dispensed liquid hand soap and single -use towels in dispensers or other approved hand drying device. Complete and submit the attached form, "Restroom Use Agreement". Certification by Housing and Community Development An enclosed and occupied mobile food facility (such as a converted trailer, special purpose commercial modular and coach or a commercial modular coach) must be certified by the California Department of Housing and Community Development (800) 952-8356. Additionally, the enforcement agency must approve all equipment installation prior to operation. Health Department Inspection Each mobile food facility and mobile support unit must receive a health department inspection once a year prior to receiving the permit to operate for that year. Health department inspections are based on requirements set forth in the California Retail Food Code (Cal Code). Once the mobile food facility or mobile support unit has been found to be in compliance with Cal Code requirements, a permit decal will be affixed to the exterior of the mobile food facility, in addition, a paper permitwill be mailed to the permit holder. Please see the attached "Mobile Food Facility Construction Requirements" and the "Mobile Food Facility Operational Requirements" for operating a mobile food facility or mobile support unit. Mobile Food Facilities Operating at Community Events Mobile food facilities that operate at community events and that remain fixed during food preparation and its hours of operation may: 1. Include a staffed counter that serves hot and cold beverages and ice that are not potentially hazardous food and that are dispensed from approved bulk dispensing units. 2. Store supplies and food that are not potentially hazardous in unopened containers adjacent to the mobile food facility or in a nearby temporary storage unit. "Unopened container," means a factory sealed container that has not been previously opened and that is suitably constructed to be resistant to contamination from moisture, dust, insects, and rodents. 3. Operate an open-air barbecue adjacent to the mobile food facility as approved by the enforcement agency. Please note, a barbecue unit is ONLY allowed to be operated as part of a mobile food facility when in conjunction with an community event. Mobile Support Unit Requirements: (submit "Operational Procedures for Mobile Support Units" form) Interior floor, sides, and top must be: 1. Free of cracks, seams, or linings where vermin may harbor, and must be constructed of a smooth, washable, impervious material capable of withstanding frequent cleaning with approved sanitizing agents. 2. Constructed and operated so that no liquid wastes can drain onto any street, sidewalk, or premises. 3. If used to transport potentially hazardous food, approved equipment to maintain food at the required temperatures must be provided. 4. Food. utensils, and supplies shall be protected from contamination_ 5. A separate storage area shall be provided for all poisonous substances, detergents, bleaches, cleaning compounds, and all other injurious or poisonous materials. 6. Mobile support units are not approved for warewashing. 7. Mobile food facilities that are serviced by a mobile support unit and that do not report to a commissary on a daily basis shall be stored in a manner that protects the mobile food facility from contamination. Mobile support units shall report to a commissary or other approved facility for cleaning, servicing, and storage at least daily. 3 of 15 P:EHIEH CommonVOCUMENPFormsWOODWobile FF Requirements no forms 2010.doc