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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: June 7, 2016 <br /> Action Agenda <br /> Item No. 7-b <br /> SUBJECT: Amendment to the Orange County Code of Ordinances — Mobile Food Vending <br /> Businesses <br /> DEPARTMENT: County Attorney <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> 1. Draft Ordinance John Roberts, (919) 245-2318 <br /> 2. Adoption Resolution <br /> PURPOSE: To consider the adoption of rules regulating the operation of mobile food vending <br /> businesses in Orange County. <br /> BACKGROUND: This item is presented in response to a Board petition to expand the <br /> opportunities for mobile food vending businesses in Orange County. <br /> Currently mobile food vending units are a lawful use of property in Orange County. The Orange <br /> County Code of Technical Ordinances ("UDO") does not address mobile food vending <br /> businesses. Recent court decisions have made clear that unless a use is specifically prohibited <br /> by law, the presumption will be for the free use of property in favor of the property owner. <br /> Among other things the proposed ordinance prohibits the operation of mobile food vending units <br /> on residentially zoned property, requires all permits and grade cards to be posted in a <br /> conspicuous location, mandates commercial general liability insurance coverage, imposes <br /> distance limitations on the siting of mobile food vending units, and prohibits the smoking of <br /> tobacco products within the confines, or within 100 feet, of mobile food vending units. <br /> Staff for both the Planning and Inspections Department and the Health Department consulted on <br /> the proposed ordinance and their suggestions are included in the draft. <br /> FINANCIAL IMPACT: Indirect costs associated with ordinance enforcement. <br /> SOCIAL JUSTICE IMPACT: There is no social justice goal impact associated with this item. <br /> RECOMMENDATION(S): The Manager recommends that the Board: <br /> 1. Deliberate as necessary on the proposed amendments; and <br /> 2. Consider the adoption of the mobile food vending business provisions into the Orange <br /> County Code of Ordinances, authorize the Chair to sign the attached Resolution of <br /> Adoption, and authorize the County Attorney to make any minor non-substantive changes <br /> or corrections that may be necessary prior to submission of the amendment to Municode. <br />