HomeMy WebLinkAboutResolution 894 - favorable rec. for major amendments regarding mobile food vendorsPLANNING COMMISSION RESOLUTION NO. 894
A RESOLUTION FORWARDING A FAVORABLE RECOMMENDATION FOR MAJOR
AMENDMENTS TO CPMC 5.44 AND VARIOUS SECTIONS IN TITLE 17, ZONING
REGARDING MOBILE FOOD BUSINESSES
FILE NO. ZC-21003
Applicant: City of Central Point
WHEREAS, on March 1, 2022 the City of Central Point Planning Commission approved
Resolution No. 893 forwarding a recommendation to the City Council to approve Major
Amendments to the Central Point Municipal Code (CPMC) adding Chapter 5.44 to provide
application requirements, procedures and standards for mobile food businesses;
WHEREAS, prior to the City Council public hearing, the City Attorney and Planning staff
identified the need to make additional revisions to clarify the application process, standards for
mobile food businesses and permit denial and revocation. Additionally, it was necessary to
make changes in Title 17, Zoning, for cross-reference purposes;
WHEREAS, on April 5, 2022, the Planning Commission discussed the proposed revisions to
CPMC 5.44 and Title 17 and unanimously directed staff to schedule a public hearing on May
3, 2022 to consider the changes;
WHEREAS, on May 3, 2022, the Planning Commission voted unanimously to continue the
public hearing to June 7, 2022 to consider the changes;
WHEREAS, on June 7, 2022 the Planning Commission, at a duly scheduled public hearing,
considered major amendments to CPMC 5.44 — Mobile Food Businesses and various sections
in Title 17, Zoning as identified in Exhibit "1" — Staff Report dated June 7, 2022;
WHEREAS, the Planning Commission finds that the above referenced code amendments
comply with the approval criteria set forth in CPMC 17.10, including the Statewide Planning
Goals, Comprehensive Plan and Transportation Planning Rule as evidenced by the Planning
Department Findings of Fact and Conclusions of Law identified as Attachment "B" in the Staff
Report dated June 7, 2022 (Exhibit 1).
NOW, THEREFORE, BE IT RESOLVED, that the City of Central Point Planning Commission,
by this Resolution No. 894, does hereby forward a favorable recommendation to the City
Council to approve the amendments as set forth in the Staff Report dated June 7, 2022
attached hereto by reference as Exhibit "1" including all attachments therein, which are herein
incorporated by reference.
PASSED by the Planning Commission and signed by me in authentication of its passage this
7th day of June 2022.
Planning Commission Chair
ATTEST;
f
C t Represent iv�e
Planning Commission Resolution No. 894 (06-07-2022)
PLANNING
CITY OF CENTRAL POINT, OREGON
Item Summary
_ Staff Report
Planning Commission Hearing
Mobile Food Vending Text Amendments
File No.: ZC-21003
June 7, 2022
Public hearing for text amendments to expand opportunities for mobile food vendors, establish
clear standards, and create an application process for authorizing mobile food vendors on a
temporary and semi-permanent basis within City limits. Applicant: City of Central Point.
Staff Source
Justin Gindlesperger, Community Planner II
Background
In response to increased interest from the public in permitting food trucks in Central Point, the
Citizens Advisory Committee (CAC) and Planning Commission met throughout last year (2021)
to evaluate expanding the use of food trucks, permitting other mobile food businesses, and
discuss possible regulations for their use within the City. The intent of the amendments is to
provide clear standards and application procedures to expand opportunities for mobile food
businesses in the City.
On March 3, 2022, the Planning Commission considered the mobile food business text
amendments and forwarded them to City Council with a recommendation for approval. Prior to
the City Council hearing, a few questions and changes were suggested by the City's legal
counsel during legal review that exceeded the scope of the Planning Commission's
recommendation. For this reason, staff is bringing the mobile food business amendments back
to the Planning Commission. At the April 5th Planning Commission meeting, the code
amendments and changes were included as an information and discussion item.
The public hearing scheduled on May 3rd was continued until June 7th for Planning Commission
consideration of the recommended changes. At the June 7th meeting, staff will present the
recommended changes for formal consideration and public hearing.
Issues
The primary issue in considering the amendments for mobile food businesses is to establish
clear standards for the expanded use of mobile food businesses that are consistent with
statewide planning goals and the Central Point Comprehensive Plan.
Findings of Fact and Conclusions of Law
The proposed zoning text amendments have been reviewed against and found to comply with
the applicable review criteria in CPMC 17.10, Zoning Map and Text Amendments as
demonstrated in the Planning Department Findings of Fact and Conclusions of Law (Attachment
„B„
Action
Open a public hearing and consider the proposed text amendments to CPMC 5.44, Mobile Food
Businesses, close the public hearing and 1) forward to the Council for approval, 2) make
revisions and forward the ordinance to the Council, or 3) deny the application.
Recommendation
Approve Resolution No. 894, a Resolution recommending approval of the amendments to
CPMC 5.44, Mobile Food Businesses.
Attachments
Attachment "A-1" — Draft Amendments to CPMC 5.44
Attachment "A-2" — Draft Amendments to Title 17 - Zoning
Attachment "B" — Planning Department Findings of Fact
Attachment "C" — Resolution No. 894
Attachment "A-1"
CPMC 5.44
Mobile Food Businesses
5.44.010
Purpose
5.44.020
Definitions
5.44.030
Mobile Food Vendors
5.44.040
Mobile Food Pods
5.44.050
Mobile Food Courts
5.44.060
Specialty Food Vendors
5.44.070
Denial, revocation or suspension of permit
5.44.080
Penalties
5.44.010 Purpose.
Expand opportunities for mobile food businesses and establish clear standards and application
process for authorizing mobile food businesses on a temporary and semi-permanent basis.
5.44.020 Definitions.
A. "Mobile Food Business" means mobile food services provided in a motorized vehicle,
trailer or push cart located on private property with permission of the property owner(s).
There are four (4) types of mobile food businesses for purposes of this code:
1. "Mobile Food Vendor" means a single mobile food retailer that is located on
single parcel of land.
2. "Mobile Food Pod" means two (2) to three (3) Mobile Food Vendors that are
located on a single parcel of land.
3. "Mobile Food Court" means a group of four (4) to twelve (12) Mobile Food
Vendors located on a single parcel of land.
4. "Specialty Food Vendor" means a mobile retailer of pre-packaged or whole food
products that do not involve onsite preparation. Specialty food vendors operate
for durations that do not exceed fifteen (15) minute time periods in public and
private parking lots with owner consent, and the public -right-of-way. An
example of a specialty food vendor is an ice cream truck.
B. "Mobile Food Vendor Permit" means a permit that applies to Mobile Food Vendors
and Specialty Food Vendors in accordance with the standards set forth in CPMC
5.44 as provided below.
5.44.030 Mobile Food Vendors.
A. Applicability.
Permitted Use. Mobile Food Vendors shall be a permitted use on privately owned
property in the C -N, C-4, C-5, GC, M-1, M-2 and Civic zoning districts subject to
the application procedures and standards in items B -D of this section below.
2. Special Events. Mobile Food Vendors associated with Special Events as defined
in CPMC 5.42 shall obtain a Special Event Permit from the Parks Department
and are exempt from the requirements of this Chapter.
3. Parks. Mobile Food Vendors are only permitted in Don Jones Park, Pfaff Park,
and Twin Creeks Park subject to a Special Event Permit obtained by the Parks
Department Mobile Food Vendors are not permitted in any other parks or the
public right-of-way.
B. Application Requirements. Mobile Food Vendors shall obtain the required application
approvals, as applicable, prior to locating and operating the Mobile Food Vendor
business as follows:
Minor Site Plan & Architectural Review Approval (Type 1). Except as provided in
subsection 5.44.030(A)(2-3), a Minor Site Plan and Architectural Review
(Type 1) is required to verify that the proposed location for a Mobile Food
Vendor business is consistent with Site Plan and Architectural Review
standards for development in the city in accordance with CPMC 17.72 and
the Mobile Food Vendor site standards identified in Section 5.44.030(C).
Type I procedures are set forth in CPMC 17.05.200.
2. Business License. Mobile Food Vendors shall obtain a business license prior to
conducting business per CPMC 5.04.030.
3. Mobile Food Vendor Permit is required for individual Mobile Food Vendors
subject to demonstrated conformance with the site standards in accordance with
Sections 5.44.030(B)(1) or 5.44.040(B)(1); and, the operational standards in
5.44.030(C), respectively.
4. Jackson County Environmental Health Permit.
5. Oregon Liquor and Cannabis Commission (OLCC) Liquor License and Alcohol
Service Permits if alcohol sales are part of the mobile food business.
C. Mobile Food Vendor Standards. The following site and operational standards shall apply
to Mobile Food Vendors:
Operational Requirements.
a. Business activity shall be limited to the hours of 7:00 a.m. to 11:00 p.m.
b. Mobile Food Vendor vehicle (i.e. truck, trailer or pushcart) shall be
removed from the site each day when the business activities have
ceased.
2. Location Requirements.
a. Mobile Food Vendor vehicle (i.e. pushcart, truck, trailer ,etc.) shall
comply the base zone setbacks set forth in Title 17, the clear vision
areas in the Public Works Standard Specifications and the following
location requirements:
b. The Mobile Food Vendor vehicle shall be placed on a paved surface.
c. The Mobile Food Vendor shall be located:
1. Except as provided in 5.44.040.C.3 at least 50 -ft from
other permitted Mobile Food Vendor location(s);
2. A minimum of 15 -feet from a fire hydrant; and
3. At least 300 -feet from residential zoning districts if the
Mobile Food Vendor utilizes a generator for power.
d. Mobile Food Vendors, including all items associated with their
operation, shall be located to avoid obstructing any existing or required
pedestrian pathway, driveway, and drive aisles; and,
e. Mobile Food Vendors shall not create a traffic or safety hazard.
3. Parking.
a. The Mobile Food Vendor vehicle shall not occupy required off-street
parking spaces for the primary use on the site.
b. Two (2) off-street parking spaces shall be provided in accordance with
the off-street parking standards in CPMC 17.75.039.
c. Shared parking between the Mobile Food Vendor and the primary use is
subject to the requirements in CPMC 17.64.040(D).
4. Utilities. The Mobile Food Vendor vehicle shall be self-contained unless the site
has permanent utility connections permitted by the Central Point Building Official.
a. Temporary connection to power is permitted provided that extension
cords are covered or screened to prevent a tripping hazard.
b. Generators used for mobile food businesses shall be consistent with
applicable Fire Code.
5. Support Equipment and Accessories.
a. Awning(s) may be provided to shelter customers provided the awning(s)
are integral to the Mobile Food Vendor vehicle, have a minimum vertical
clearance of seven (7) feet eight (8) inches, and be able to be closed or
removed.
b. No support equipment or accessories, including but not limited to
counters, awnings, etc. shall extend more than four (4) feet from the
edge of the cart, trailer or vehicle in any direction.
c. The cooking mechanism, including BBQ grills must be enclosed and
permanently built into the structure of the vehicle.
6. Signage shall be limited to what can be physically attached to the vehicle, except
for temporary signs authorized by Chapter 15.24. Unsecured menu boards and
sidewalk signs are prohibited.
7. Trash and Recycling.
a. Mobile Food Vendors shall provide trash and recycling receptacles for
use by business patrons.
b. Mobile Food Vendor operators are responsible for keeping the site and
adjacent right-of-way areas clean and attractive. Operators shall collect
and appropriately dispose of any litter on the same throughout
operating hours.
8. No waste shall be discharged into the city's storm drain system, directly or
indirectly, as provided in CPMC 8.05, Storm Drain Protection.
5.44.040 Mobile Food Pods.
A. Applicability. Mobile Food Pods shall be a permitted use on privately owned
property in the C -N, C-4, C-5, GC, M-1, M-2, and Civic zoning districts subject to
the application requirements and standards in Sections 5.44.040(B -C).
B. Application Requirements. Mobile Food Pod locations and Mobile Food Vendors
operating within approved Mobile Food Pod are subject to the following
application requirements:
Major Site Plan & Architectural Review Approval (Type II) is required to
verify that the proposed location and configuration of a Mobile Food Pod
meets the Site Plan and Architectural Review requirements for
development in the city in accordance with CPMC 17.72 and the Mobile
Food Pod site standards in CPMC 5.44.040(C). This application applies to
the property owner or authorized agent to establish an approved Mobile
Food Pod that can accommodate individual Mobile Food Vendors. Type II
procedures are set forth in CPMC 17.05.300.
2. Each Mobile Food Vendor within an approved Mobile Food Pod shall
satisfy the application requirements for Mobile Food Vendors per CPMC
5.44.030(B)(2-5).
C. Mobile Food Pod Standards. The following site and operation standards shall
apply to Mobile Food Pods:
1. The site plan and architectural development standards are consistent with
the base zoning district;
2. Design and development standards in CPMC 17.75, as applicable; and
3. Mobile Food Vendor standards in CPMC 5.44.030(C), except that the
minimum distance between Mobile Food Vendors within a mobile food pod
shall be 10 -feet.
5.44.050 Mobile Food Courts.
A. Applicability. Mobile Food Courts shall be a conditional use on privately owned
property in the CN, C-4, C-5, and GC zoning districts subject to the application
requirements and standards in Sections 5.44.050(8-C).
B. Application Requirements. Mobile Food Courts shall obtain the following
application approvals in accordance with CPMC 17.05.100, Table 17.05.1:
a. Conditional Use Permit approval is required in accordance with the
application requirements and criteria in CPMC 17.76. As provided
in Table 17.05.01, Conditional Use Permits are subject to Type III
procedures set forth in CPMC 17.05.400.
b. Major Site Plan & Architectural Review is required to verify that the
proposed location and configuration of a Mobile Food Court meets
the development standards for the base zoning district in
accordance with CPMC 17.72 or CPMC 17.66, as applicable, and
the Mobile Food Court site standards in CPMC 5.44.050(C).As
provided in Table 17.05.01, the Major Site Plan Review for Mobile
Food Courts shall be subject to Type III procedures set forth in
CPMC 17.05.400.
2. Each Mobile Food Vendor within an approved Mobile Food Court shall
satisfy the application requirements for Mobile Food Vendors per CPMC
5.44.030(B)(2-5).
C. Mobile Food Court Standards. The site and operation standards for Mobile Food
Vendors and Mobile Food Pods in CPMC 5.44.030(C) and 5.44.040(C), respectively,
shall apply to Mobile Food Courts except as modified below:
Overnight parking is allowed provided that each mobile food business vehicle
remains operable and road -ready.
2. Designated, paved parking pads shall be provided for each mobile food vehicle
to be located within the Mobile Food Court.
3. Outdoor equipment and accessories are permitted and include items such as
tables and seating, canopies, grills, and other amenities for guests.
4. Restroom facilities shall be plumbed in accordance with the Oregon Specialty
Building Codes. No portable/chemical toilets are permitted.
5. Full utility connections shall be provided for mobile food businesses operating in
the Mobile Food Court, including:
a. Water.
i. A site dedicated master water meter is required. The size,
installation and applicable fees shall be coordinated with the
Public Works Department.
ii. Private water line extensions from the master water meter to each
vendor shall be required per the Uniform Plumbing Code.
b. Sanitary sewer. The Mobile Food Court shall be connected to sanitary
sewer lines consistent with Rogue Valley Sewer Services requirements.
C. Underground power shall be stubbed to each mobile food business
parking pad.
5.44.060 Specialty Mobile Food Vendor.
Specialty Mobile Food Vendors shall obtain a Central Point Business License and Mobile Food
Vendor Permit. Specialty Mobile Food Vendors are subject to the following requirements:
A. Specialty Mobile Food Vendors may be authorized to conduct business within the
public right-of-way, and public and private parking lots with written property
owner consent.
B. Specialty food vendors shall limit the length of sales activity to no more than fifteen (15)
minutes in a single location in the public right-of-way and no more than fifteen (15)
minutes in a parking lot on public or private property. Moving the Specialty Food
Vendor vehicle to a new space on the same property to conduct sales activity in
excess of fifteen (15) minutes is prohibited and shall be grounds for suspending,
revoking or denying future Specialty Food Vendor permit as provided in Section
5.44.070 and/or 5.44.080.
C. Specialty Food Vendors shall not impede traffic on any road right-of-way.
D. Trash receptacles shall be provided by the Specialty Food Vendor for customers.
E. Specialty Food Vendors shall be limited to operating between 10:00 a.m. and 7:00 p.m.
5.44.070 Denial, Revocation or Suspension of Permit.
A. The Planning Director or designee may deny, revoke or suspend a Mobile Food
Vendor Permit upon finding that any provision herein or condition of approval will be or
has been violated.
B. Upon denial, revocation or suspension of a permit as described in subsection (A) above,
the Planning Director or designee shall give written notice of such action to the
applicant or permittee stating the action taken and the reason. The decision shall be
effective immediately. The Planning Director's decision is final and may not be
appealed.
5.44.080 Penalties.
Any violation of this chapter shall be an infraction as defined in Section 1.16.010 and is
punishable by a fine as set forth in that section. The Planning Director or designee is
authorized to issue a citation to any person or business violating the provisions of this chapter.
After two (2) infractions, the Mobile Food Vendor Permit authorization shall be revoked for a
period of at least one (1) year.
Attachment "A-2"
Title 17
ZONING
Chapters -
17.05 Applications and Development Review Procedures
17.05.100, Table 17.05.1
17.29 Civic District
17.29.050 Use categories and zone districts
17.32 C -N, Neighborhood Commercial District
17.32.020 Permitted Uses
17.32.030 Conditional Uses
17.44 CA Tourist and Office -Professional District
17.44.020 Permitted Uses
17.44.030 Conditional Uses
17.46 C-5, Thoroughfare Commercial District
17.46.020 Permitted Uses
17.46.030 Conditional Uses
17.48 M-1, Industrial District
17.46.020 Permitted Uses
17.46.030 Conditional Uses
17.65 TOD Districts and Corridors
17.65.050 Zoning regulations — TOD district Table
TABLE 17.05.1
LAND DEVELOPMENTPROCEDURALAPPLICABLE
APPROVING
120-
PERMIT*
TYPE
(REGULATIONS
AUTHORITY
(DAY
RULE
Annexation
Quasi -Judicial
Type III
Chapter 1.20
City Council
No
Legislative
Type IV
Chapter 1.20
City Council
No
Comprehensive Plan & UGB
Amendments
Major
Type IV
Chapter 17.96
City Council
No
Minor
Type III
Chapter 17.96
City Council
No
Type III
Chapter 17.76
Planning
Conditional Use Permit
Yes
Commission
Conversion Plan
Type II
Chapter 16.32
Director
Yes
Extensions
Type I Procedures
Type I
Section 17.05.200(G)
Director
Yes
Type 11 Procedures
Type II
Section 17.05.300(G)
Director
Yes
Home Occupation
Type I
Section 17.60.190
Director
Yes
TABLE 17.05.
LAND DEVELOPMENT(
PROCEDURAL
APPLICABLE
APPROVING
120-
PERMIT*
'TYPE
REGULATIONS
AUTHORITY JDAY
RULE
Mobile Food Business
Mobile Food Vendor
Type I
Section 5.44.030
Director
Yes
Chapter 17.72
Mobile Food Pod
Type II
Section 5.44.040
Director
Yes
Chapter 17.72
Type III
Section 5.44.050
Planning
Yes
Mobile Food Court
Chapter 17.76
Commission
Chapter 17.72
Specialty Food Vendor
Type I
Section 5.44.060
Director
No
Land Division
Tentative Plan, Partition
Type II
Chapter 16.36
Director Yes
Tentative Plan,
Type III
Chapter 16.10
Planning Yes
Subdivision
Commission
Final Plat
Type I
Type I
Chapter 16.12
Chapter 16.10
Director No
Director Yes
Property Line
Adjustment/Consolidation
Modification of Approval
Major
Type III
Section 17.09.300
Planning Yes
Commission
Minor
Type II
Section 17.09.400
Director Yes
Nonconforming Use
Type III
Section 17.56.040
Planning
No
Designation
Commission
Planned Unit Development
Type III
Chapter 17.68
Planning
Yes
Commission
Right -of -Way Vacation
Type IV
Chapter 12.28
City Council
No
Site Plan and Architectural
Review
Minor
Type I
Chapter 17.72
Director Yes
Major
Type II
Chapter 17.72
Director Yes
TOD District/Corridor Master
Type III
Chapter 17.66
Planning Yes
Plan
Commission
Tree Removal
Type 11
Chapter 12.36
Director
Yes
TABLE 17.05.1
(LAND DEVELOPMENT
PROCEDURALAPPLICABLE
Commercial
(PERMIT*
TYPE
REGULATIONS
Variance
N
Retail Sales and Service
Class A
Type II
Section 17.13.300
Class B
Type III
Section 17.13.400
PROVING 1-120-
THORITY
(DAY
(RUL
Director Yes
Planning Yes
Commission
Class C Type III Section 17.13.500 Planning Yes
Commission
Zoning Map and Zoning and
Land Division Code Text
Amendments
Minor Type III Chapter 17.10 City Council Yes
Major Type IV Chapter 17.10 City Council No
* An applicant may be required to obtain approvals from other agencies, such as the
Oregon Department of Transportation, or Rogue Valley Sewer. The city may notify other
agencies of applications that may affect their facilities or services.
17.29.050 Use catennries and 7rnne distrirts
Use Categories
Civic Zoning (C)
Commercial
Entertainment
N
Professional Office
N
Retail Sales and Service
Sales-Oriented/Concessions
C1
Mobile Food Vendors and Mobile Food Pods
L2
Personal Service -Oriented
N
Repair -Oriented
N
Drive -Through Facilities
C1
Quick Vehicle Service
N
Vehicle Sales, Rental and Repair
N
N — Not permitted
P — Permitted
C — Conditional Use
C1 — Conditional Use limiting sales oriented space to a maximum of four hundred
square feet
L1 — School athletic and play fields only. School building and parking lots not permitted.
L2 — Mobile Food Vendors and Mobile Food Pods are only allowed subject to the
requirements in CPMC 5.44, Mobile Food Businesses.
17.32.020 Permitted Uses
The following uses and their accessory uses are permitted outright, subject to
compliance with all applicable municipal, State and Federal environmental, health, and
safety regulations as well as the requirements for site plans in Chapter 17.72:
A. Professional and financial offices and personal service establishments;
B. Retail stores, shops and offices supplying commodities or performing services
other than vehicle and fuel sales;
C. Eating and drinking establishments including Mobile Food Vendors and
Mobile Food Pods as provided in CPMC 5.44;
D. Desktop publishing, xerography, copy centers;
E. Temporary tree sales, from November 1 st to January 1 st;
F. Public and quasi -public utility and service buildings, structures and uses;
G. Neighborhood shopping centers, which may include any of the permitted uses in
this section;
H. Other uses not specified in this or any other district, if the planning commission
finds them to be similar to the uses listed above and compatible with other
permitted uses and with the intent of the C-4 district as provided in
Section -17.60.140, Authorization for similar uses.
17.32.030 Conditional Uses
The following uses and their accessory uses are permitted in the C -N district when
authorized in accordance with Chapter 17.76 of this title:
A. Automobile repair facilities and related fuel sales;
B. Outdoor storage of commodities associated with a permitted, special permitted or
conditional use. All storage shall be within an area surrounded by a solid wall or
fence six feet in height unless otherwise specified in the conditional use permit.
In no case shall materials or equipment be stored higher than the wall or fence;
C. Churches or similar religious institutions;
D. Medical or dental offices and similar health care services;
E. Family-oriented commercial recreation establishments including, but not limited
to, pool/billiard centers, health spas, exercise or physical fitness centers, martial
arts schools, arcades/amusement centers, and similar facilities that are
neighborhood oriented and consistent with the purpose and intent of the
neighborhood convenience center.
F. Mobile Food Courts as provided in CPMC 5.44.
17.44.020 Permitted Uses
The following uses are permitted in the C-4 district:
B. Tourist and entertainment -related facilities, including but not limited to:
1. Convenience market, meat, poultry, fish and seafood sales; fruit and
beverage stands;
2. Drugstores;
3. Automobile service station, automobile and recreational vehicle parts sales
and repairs, and truck rentals;
4. Motel and hotel;
5. Walk-in movie theater;
6. Bowling alley;
7. Photo and art galleries;
8. Photo processing pickup station;
9. Travel agencies;
10. Barber and beauty shops;
11. Sit-down restaurants or dinner houses (including alcohol);
12. Cocktail lounges and clubs serving alcoholic beverages;
13. Tavern with beer only;
14. Commercial parking lot;
15. Community shopping centers which may include any of the permitted uses
in this section and may also include but not be limited to:
a. Supermarkets;
b. Department stores;
c. Sporting goods;
d. Books and stationery;
e. Gifts, notions and variety;
f. Florists;
g. Leather goods and luggage;
h. Pet sales and related supplies;
i. Photographic supplies;
j. Health food;
k. Self-service laundry;
I. Antique shop;
m. Delicatessen;
n. Pastry and confectionery;
o. General apparel;
p. Shoes and boots;
q. Specialty apparel;
r. Jewelry;
s. Clocks and watches, sales and service;
t. Bakery, retail only;
u. Bicycle shop;
v. Audio, video, electronic sales and service;
w. Printing, lithography and publishing;
16. Mobile Food Vendors and Mobile Food Pods as provided in CPMC 5.44;
17. State -regulated package liquor stores;
18. Other uses not specified in this or any other district, if the planning
commission finds them to be similar to the uses listed above and compatible
with other permitted uses and with the intent of the C-4 district as provided
in Section 17.60.140, Authorization for similar uses;
19. Large retail establishments.
17.44.030 Conditional Uses
A. The following uses are permitted in the C-4 district when authorized in accordance
with Chapter 17.76, Conditional Use Permits:
1. Campgrounds and recreational vehicle overnight facilities;
2. Drive-in movie theater;
3. Golf course/driving range;
4. Ice and roller skating rinks;
5. Dance halls;
6. Billiard/pool halls;
7. Miniature golf courses;
8. Amusement center (pinball, games, etc.);
9. Nonindustrial business/vocational schools;
10. Physical fitness/conditioning center; martial arts schools;
11. Carwash;
12. Taxicab dispatch office;
13. Ambulance/emergency services;
14. Day care center;
15. Drive-in fast food outlets;
16. Other specialty food outlets, including Mobile Food Courts as provided in
CPMC 5.44;
17. Television and radio broadcasting studio;
18. Accessory buildings and uses customarily appurtenant to a permitted use,
such as incidental storage facilities, may be permitted as conditional uses when
not included within the primary building or structure;
19. Permitted uses that are referred to the planning commission by city staff
because they were found to exhibit potentially adverse or hazardous
characteristics not normally found in uses of a similar type and size.
17.46.020 Permitted Uses
The following uses are permitted in the C-5 district:
C. Retail outlets, including but not limited to:
1. Auto and truck sales (new and used),
2. Tire sales and service,
3. Glass and mirror sales and service,
4. Wallcovering, floorcovering, curtains, etc.,
5. Major appliances sales and service,
6. Hardware sales,
7. Monument sales,
8. Supermarket,
9. Convenience market,
10. Drugstore,
11. Feed, seed and fuel (within enclosed structure),
12. Electrical and plumbing supplies,
13. Heating and air-conditioning equipment;
14. Stone, tile and masonry supplies,
15. Nursery and gardening materials and supplies,
16. Antique shop,
17. Art and engineering supplies,
18. Pawnshop,
19. Sit-down restaurants, including service of beer, wine and liquor,
20. Drive-in fast food establishments,
21. Tavern, beer sales only,
22. Public/quasi-public utilities and services,
23. Florist sales,
24. Pet sales,
25. General apparel;
26. Furniture sales, including used furniture,
27. Sporting goods sales, including firearms,
28. State -regulated package liquor stores,
29. Community shopping centers, which may include any of the permitted uses in
this section and the C-4 district,
30. Large retail establishment eighty thousand square feet or less as defined in
Section 17.08.010, Retail establishment, large; and,
31. Mobile Food Vendors and Mobile Food Pods as provided in CPMC 5.44.
17.46.030 Conditional Uses
The following uses are permitted in the C-5 district when authorized in accordance with
Chapter 17.76:
1. Automobile and truck paint shops;
2. Recreational vehicle overnight facilities;
3. Drive-in movie theater;
4. Heavy equipment sales and service;
5. Mobile home and recreational vehicle sales;
6. Boats and marine equipment sales and service;
7. Motorcycle and snowmobile sales and service;
8. Dinner houses and restaurants serving alcoholic beverages;
9. Cocktail lounges and clubs;
10. Other specialty food outlets, Mobile Food Vendors;
11. Meat, fish, poultry and seafood, light processing and sales;
12. Dairy products sales;
13. Paint and related equipment and supplies;
14. Cleaning and janitorial supplies;
15. Secondhand store or thrift shop;
16. Mortuary;
17. Amusement center (pinball, games, etc.);
18. Manufacturing for on -premises sales;
19. Taxidermist;
20.Auction house (excluding livestock);
21. Wholesaling of permitted use products;
22. Adult businesses, as defined in Chapter 5.24;
23. Small engine sales and service;
24. Vocational, technical and trade schools, including facilities related to industrial
trades;
25. Accessory uses and buildings customarily appurtenant to a permitted use, such
as incidental storage facilities, may be permitted as conditional uses when not
included within the primary building or structure;
26. Permitted uses that are referred to the planning commission by city staff because
they were found to exhibit potentially adverse or hazardous characteristics not
normally found in uses of a similar type or size;
27. Large retail establishments greater than eighty thousand square feet as defined
in Section 17.08.010, Retail establishment, large;
28. Regional shopping centers;
29. Mobile Food Courts as provided in Chapter 5.44.
17.48.020 Permitted Uses
The following uses and their accessory uses are permitted in an M-1 district, subject to
the limitations imposed in Section 17.48.030:
A. Warehousing;
B. Storage and wholesaling of prepared or packaged merchandise;
C. Dwellings for a caretaker, watchman, or other person regularly employed on the
premises;
D. Administrative, educational and other related activities and facilities in
conjunction with a permitted use;
E. Ambulance and other emergency service facilities, including police and fire
stations;
F. Municipal corporation and public utility buildings, structures and yards, including
the storage, repair and maintenance of vehicles and equipment;
G. All types of automobile, motorcycle, truck, and equipment sales, service, repair
and rental, including automobile and truck service stations;
H. Boat building, sales and repair;
I. Cold storage plants, including storage and office;
J. Printing, publishing and book binding;
K. Scientific research or experimental development of materials, methods of
products, including engineering and laboratory research;
L. Vocational, technical and trade schools, including facilities related to industrial
trades;
M. Retail and/or wholesale lumber and building materials sales yard, not including
concrete mixing;
N. Light fabrication and repair shops such as blacksmith, cabinet, electric motor,
heating, machine, sheet metal, signs, stone monuments, upholstery and welding;
O. Assembly, manufacture, or preparation of articles and merchandise from
previously prepared materials, such as canvas, cloth, cork, fiber, tobacco, wire,
wood, excluding sawmills and other wood processing plants, and similar
materials;
P. Manufacture, compounding, processing, packing or treatment of such products
as bakery goods, candy, cosmetics, dairy products and meat, drugs, perfumes,
pharmaceuticals, toiletries; excluding the rendering of fats and oils, fish and meat
slaughtering, and fermented foods such as vinegar and yeast;
Q. Processing uses such as bottling plants, creameries, blue -printing and
photocopying, laundries, carpet cleaning, tire retreading, recapping and
rebuilding;
R. Manufacture of electric, electronic, or optical instruments or related devices;
S. Manufacture of products used by the medical and dental professions, including
artificial limbs, dentures, hearing aids, surgical instruments and dressings, and
similar products;
T. Developer's project and sales offices, including mobile homes adapted to that
purpose, during construction only;
U. Planned unit developments, subject to the provisions of Chapter 17.68;
V. Mini -storage facilities;
W. Mobile Food Vendors and Mobile Food Pods as provided in Chapter 5.44;
X. Other uses not listed in this or any other district, if the planning commission finds
them to be similar to those listed above and compatible with other permitted uses
and with the intent of the M-1 district.
17.65.050 TOD Districts and Corridors
Table 1
TOD District Land Uses
Use Categories
Zoning Districts
LMR MMR HMR EC GC C OS
Commercial
Entertainment
N
N
C
P, L7
P, L8, L9
L8
L10
Professional Office
C
L3
L3, L4
P
P
P
N
Retail Sales and Service
Sales -oriented
C
L3
L3
P
P
N
N
Personal service-oriented
C
L3
L3, L4
P
P
N
N
Repair -oriented
N
N
N
P
P
N
N
Drive-through facilities
N
N
N
P
P
N
N
Quick vehicle service
N
N
N
P
P
N
N
Vehicle sales, rental and
N
N
N
P
P
N
N
repair
Tourist Accommodations
Motel/hotel
N
N
C
P
P
N
N
Bed and breakfast inn
C
C
P
P
P
N
N
N --Not permitted.
P --Permitted use.
W -Not permitted.
P --Permitted use.
P1 --Permitted use, one unit per lot.
C --Conditional use.
L1 --Only permitted as residential units above ground floor commercial uses.
L2 --School athletic and play fields only. School building and parking lots are not
permitted.
L3 --Permitted in existing commercial buildings or new construction with ground floor
businesses with multifamily dwellings above ground floor. Maximum floor area for
commercial use not to exceed ten thousand square feet per tenant.
L4 --Second story offices may be permitted in areas adjacent to EC zones as a
conditional use.
LS --Only permitted as a transition between lower density zones and/or when adjacent to
an environmentally sensitive area.
L6 --Permitted only when part of an existing or proposed senior housing project on
abutting property under the same ownership within the MMR or HMR district.
L7—Mobile Food Vendors, Mobile Food Pods and Mobile Food Courts are
prohibited as provided in CPMC 5.44, Mobile Food Businesses.
L8—Mobile Food Vendors and Mobile Food Pods are subject to the application
requirements and provisions in CPMC 5.44, Mobile Food Businesses.
L9—Mobile Food Courts may be permitted in the GC zone as a conditional use in
accordance with CPMC 5.44, Mobile Food Businesses and per CPMC 17.76,
Conditional Use Permits.
L10—Mobile Food Vendors may be permitted in Twin Creeks Park subject to a
Special Event Permit in accordance with CPMC 5.44.030(A)(3).
Attachment "B"
FINDINGS OF FACT
AND CONCLUSIONS OF LAW
File No.: ZC-21003
Before the City of Central Point Planning Commission
Consideration of a Zone Text Amendments to Central Point Municipal Code
Chapter 5.44, Mobile Food Businesses.
Applicant:
City of Central Point
140 South 3rd Street
Central Point, OR 97502
PART 1
INTRODUCTION
Findings of Fact
and
Conclusion of Law
The proposed text amendment aims to expand opportunities for mobile food vendors, establish
clear standards, and create an application process for authorizing mobile food vendors on a
temporary and semi-permanent basis within City.
The zone text amendment request is a legislative amendment, which is processed using Type
IV application procedures. Type IV procedures set forth in Section 17.05.500 provides the basis
for decisions upon standards and criteria in the development code and the comprehensive plan,
when appropriate.
Applicable development code criteria for this Application include CPMC 17.10, which includes
compliance with the statewide planning goals, comprehensive plan and Transportation Planning
Rule. The amendment's compliance with applicable criteria are presented in Part 2 and
summarized in Part 3.
PART 2 - ZONING CODE COMPLIANCE
17.10.200 Initiation of amendments.
A proposed amendment to the code or zoning map may be initiated by either:
A. A resolution by the planning commission to the city council;
B. A resolution of intent by the city council; or for zoning map amendments;
C. An application by one or more property owners (zoning map amendments only), or their
agents, of property affected by the proposed amendment. The amendment shall be
accompanied by a legal description of the property or properties affected; proposed findings of
facts supporting the proposed amendment, justifying the same and addressing the substantive
standards for such an amendment as required by this chapter and by the Land Conservation
and Development Commission of the state. (Ord. 1989 §1 (part), 2014).
Finding CPMC 17.10.200: The Planning Commission is being asked to consider Resolution
No. 893 to forward a favorable recommendation to the City Council regarding proposed
changes to Central Point Municipal Code (CPMC) Chapter 5.44, Mobile Food Businesses.
Action on this Resolution satisfies CPMC 17.10.200(A).
Planning Department Findings Page 1 of 6
Conclusion 17.10.200: Consistent.
17.10.300 Major and minor amendments.
There are two types of map and text amendments:
A. Major Amendments. Major amendments are legislative policy decisions that establish by law
general policies and regulations for future land use decisions, such as revisions to the zoning
and land division ordinance that have widespread and significant impact beyond the immediate
area. Major amendments are reviewed using the Type IV procedure in Section 17.05.500.
B. Minor Amendments. Minor amendments are those that involve the application of adopted
policy to a specific development application, and not the adoption of new policy (i.e., major
amendments). Minor amendments shall follow the Type III procedure, as set forth in
Section 17.05.400. The approval authority shall be the city council after review and
recommendation by the planning commission. (Ord. 1989 §1 (part), 2014; Ord. 1874 §3(part),
2006).
Finding CPMC 17.10.300: The proposed amendments are legislative changes to land use
regulations in CPMC 5.44. The changes consist of new text and regulations for future land
use decisions, qualifying as a Major Amendment and have been processed in accordance
with Type IV procedures in CPMC 17.05.500.
Conclusion CPMC 17.10.300: Consistent.
17.10.400 Approval criteria.
A recommendation or a decision to approve, approve with conditions or to deny an application
for a text or map amendment shall be based on written findings and conclusions that address
the following criteria:
A. Approval of the request is consistent with the applicable statewide planning goals (major
amendments only);
Finding CPMC 17.10.400 (A): The proposed amendments have been reviewed against the
Statewide Planning Goals and found to comply as follows:
Goal 1- Citizen Involvement. This goal requires that all citizens be given the opportunity
to be involved in all phases of the planning process. As evidenced by the land use
notifications in the newspaper on 2-16-2022, notice to DLCD on December 28, 2021 and
advertisement on the City's website (www.centra1pointare-gon.pov/Aroiec#s), the City has
duly noticed the application as necessary to allow the opportunity for citizen participation
in the public hearings scheduled with the Planning Commission (3-1-2022) and City
Council (3-10-2022) for the proposed text changes consistent with Goal 1.
Goal 2 — Land Use Planning. Goal 2 addresses the land use planning procedures in
Oregon, including the need to adopt comprehensive plans and implementing ordinances
based on factual information. The proposed amendments are consistent with existing
policy in the comprehensive plan and are aimed at establishing clear standards with
expanded opportunities. The proposed changes are based on factual information from
the municipal code and guidance documents consistent with City standards.
Planning Department Findings Page 2 of 6
Goal 3 - Agricultural Lands. Goal 3 addresses agricultural land within rural areas. The
proposed text amendments do not affect agricultural lands or agricultural buffers that
would be required adjacent to agricultural lands outside the urban growth boundary. On
this basis, Goal 3 does not apply to the proposed text amendments.
Goal 4 - Forest Lands. Goal 4 addresses forest lands within rural areas. The proposed
text amendments do not affect forest lands or lands adjacent to forest lands; therefore,
Goal 4 does not apply.
Goal 5 - Open Spaces_ Scenic and Historic Areas, and Natural_ Resources. Goal 5
establishes a process for each natural and cultural resource to be inventoried and
evaluated. If deemed to be significant, local governments may preserve, allow uses that
conflict with the resource, or allow a combination of the two. In Central Point, floodplains
and historic structures have been inventoried, and ordinances have been adopted to
minimize impacts to each. The proposed text amendments would not affect any
implementing ordinances that require or protect open spaces, natural resources, or
scenic or historic areas associated with significant Goal 5 resources in the City.
Goal 6 - Air Water and Land Resources ualit . Goal 6 requires local comprehensive
plans and implementing ordinances to comply with state and federal regulations on air,
water and land quality resource requirements. Because the proposed amendments are
focused primarily on expanding commercial activity on developed sites, the amendments
will not impact the ability of development projects to comply with any applicable state or
federal air, water or land quality requirements.
Goal 7 - Areas Sub sect to Natural Hazards. Goal 7 requires appropriate safeguards
when planning for development in floodplains or other areas subject to natural hazards.
In Central Point, floodplain development is regulated in accordance with CPMC 8.24,
Flood Damage Prevention. Earthquake and fire safety is a function of building and fire
codes. The proposed amendments would not impede or otherwise conflict with the
standards set forth in CPMC 8.24, the building code or fire code as necessary to protect
against flood, earthquake, or fire damages.
Goal 8 - Recreational Needs. This goal requires communities to inventory existing
parks and recreational facilities, and to project the needed facilities to serve all
populations within the community. Amending standards and regulations for mobile food
businesses within Central Point would not generate any additional need for parks and
recreation services.
Goal 9 - Economy of the State. Goal 9 addresses diversification and improvement of
the economy and specifically addresses commercial and industrial land. The proposed
amendments provide regulations for temporary and semi-permanent commercial uses
located on existing commercial lands. The amendments are consistent with Goal 9 as it
strengthens the standards for development and will not adversely affect the availability of
commercial lands within the City.
Goal 10 - Housing. Goal 10 requires local communities to plan for and accommodate
housing needs in the City. The proposed amendments regulate temporary and semi-
permanent businesses on commercial properties. As such, the proposed text
amendments are not expected to have impacts on housing needs in the City.
Planning Department Findings Page 3 of 6
Goal 11— Public Facilities and Services. Goal 11 calls for efficient planning of public
services such as sewer, water, law enforcement and fire protection to assure that public
services are planned in accordance with a community's needs and capacities rather than
to be forced to respond to development as it occurs. Public facilities and services are
planned in accordance with the Comprehensive Plan Public Facilities Element and
updated master plans for water, stormwater, etc. The proposed amendments will not
affect the provision of services or generate additional need for services not already
planned.
Goal 12 — Transportation. Goal 12 aims to provide a safe, convenient and economic
transportation system. The proposed amendments provide regulations for temporary and
semi-permanent commercial uses on commercially zoned lands that are considered in
the current transportation system. As such, the proposed text amendments are not
expected to have impacts on transportation facilities.
Goal 13 — Enerpy. Goal 13 has to do with conserving all forms of energy encourages
communities to look within existing urban areas for potential redevelopment before
looking to expand. The proposed amendments provide regulations for temporary and
semi-permanent commercial uses that provide additional commercial opportunities
within the existing urban area. As such, the proposed text amendments are not
expected to increase energy utilization.
Goal 14 — Urbanization. Goal 14 has to do with managing the City's growth in
conjunction with project need based on population and land use. The proposed
amendments will not affect population growth or land need, therefore, Goal 14 does not
apply.
Goals 15- Applies to the Willamette Valley and does not apply to the City of Central
Point.
Goals 16-19 - Applies to coastal areas, which are not adjacent to or within the
boundaries of the City of Central Point and are, therefore, not applicable.
Conclusion CPMC 17.10.400(A): Based on the nature of the proposed amendments and
the findings above, the proposed changes to CPMC 5.44 are consistent with all applicable
Statewide Planning Goals.
B. Approval of the request is consistent with the Central Point comprehensive plan (major and
minor amendments);
Finding CPMC 17.10.400 (B): A review of the Central Point Comprehensive Plan identified
the following relevant policies:
Citizen Involvement:
Policy 3 — Citizen Influence. Whenever possible, citizens shall be given the opportunity
to be involved in all phases of the planning process, including (1) data collection, (2)
plan preparation, (3) adoption, (4) implementation, (5) evaluation, and (6) revision.
Findha-q Citizen Involvement Policy 3-- Citizen Influence: The proposed text amendments
are being initiated by the City based on feedback from the community to expand
opportunities and establish regulations for temporary and semi-permanent mobile
Planning Department Findings Page 4 of 6
food businesses. In order to promote awareness of the proposed amendments, the
City published notice of two (2) duly public hearings that have been scheduled with
the Planning Commission (3/112022) and City Council (3/10/2022) to receive
testimony. In addition to publishing notice in the newspaper on February 16, 2022,
notice was provided to DLCD and information was posted on the City's website
(www. centralpointoregon. govlproiects).
Conclusion Citizen Involvement Policy 3 -- Citizen lnfluencn: As evidenced by the City's
collaboration with business community and efforts to promote awareness of the
proposed amendments and public involvement process, the proposed amendment
was processed in accordance with Policy 3 for Citizen Involvement.
Economic Element:
Policy 5 — Business Innovation. Encourage innovation, research, development, and
commercialization of new technologies, products, and services through responsive
regulations and public sector approaches.
Finding Economic Element Policy_ 5 — Business Innovation. The City has based the
proposed text amendments on identified needs within the business community for
expanded opportunities for temporary and semi-permanent uses, notably mobile
food businesses. For example, the Economic Element notes the limited availability of
vacant commercial lands and low redevelopment potential of existing developed
areas. The proposed amendments provide expanded opportunities to mobile food
businesses that can locate on developed and under -developed lands on a temporary
or semi-permanent basis, providing expanded business opportunities within the
current development patterns
Conclusion Economic Element Policy 5 — Business Innovation. Consistent.
Land Use Element:
Goal 1: To create an economically strong and balanced commercial sector of the
community that is easily accessible, attractive, and meets the commercial needs of
the local market area.
Finding Land Use Goal 1: Mobile food vending can provide a low-cost way to enter
business ownership, providing an increase in businesses and business activity in the
commercially zoned areas of the city. The proposed amendments expand
opportunities to expand the use of mobile food businesses within Central Point in
response to growing interest in this industry.
Conclusion Land Use Goal 1: Consistent.
Conclusion CPMC 17.10.400(8):Based on the evaluation of applicable Comprehensive
Plan policies, the proposed zoning text amendment is consistent with the Central Point
Comprehensive Plan.
Planning Department Findings Page 5 of 6
C. If a zoning map amendment, findings demonstrating that adequate public services and
transportation networks to serve the property are either available, or identified for construction in
the city's public facilities master plans (major and minor amendments); and
Finding CPMC 17.10.400 (C): The proposed zoning text amendment does not include
changes to the zoning map.
Conclusion CPMC 17.10.400(C): Not applicable.
D. The amendment complies with OAR 660-012-0060 of the Transportation Planning Rule.
(Ord. 1989 §1 (part), 2014; Ord. 1874 §3(part), 2006. Formerly 17.10.300(6)).
Finding CPMC 17.10.400 (D): The proposed text amendment does not involve any changes
that would affect trip generation or public transportation facilities, such as an increase in
density or parking standards.
Conclusion CPMC 17.10.400(D): Given the nature of the proposed amendments and lack
of impact to traffic, existing or planned transportation facilities, the proposed amendment
complies with the TPR.
PART 3 — CONCLUSION
As evidenced in findings and conclusions provided in Part 2, the proposed zone text
amendment is consistent with applicable standards and criteria in the Central Point Municipal
Code, including the Statewide Planning Goals (where applicable), Comprehensive Plan, and
Statewide Transportation Planning Rule.
Planning Department Findings Page 6 of 6