Mobile Food Spring 2021Troutdale Facilities Policy Review Sian Meng • Yizhao Yang PPPM 610: LAND USE POLICY Spring 2021 Troutdale Mobile Food Facilities Policy Review Sian Meng Report Author • School of Planning, Public Policy and Management Yizhao Yang Associate Professor • School of Planning, Public Policy and Management COLLEGE OF DESIGN Acknowledgments The author wishes to acknowledge and thank the city of Troutdale for making this project possible. We would like to thank the following staff members for their assistance and contributions that were instrumental to the completion of this report. Chris Damgen, Community Development Director Arini Farrell, Associate Planner This report represents original student work and recommendations prepared by students in the University of Oregon’s Sustainable City Year Program for the City of Troutdale. Text and images contained in this report may not be used without permission from the University of Oregon. Contents 4 About SCI 4 About SCYP 5 About City of Troutdale 6 Course Participants 7 Executive Summary 8 Introduction 9 Background 12 Methodology 16 Definitions of Mobile Food Facilities 19 Policy Review 24 Policy Evaluations 26 Recommendations 29 Conclusion 30 References 32 Appendices Spring 2021 Mobile Food Facilities Policy Review About SCI The Sustainable Cities Institute (SCI) 2. Our Urbanism Next Center, which is an applied think tank focusing on focuses on how autonomous vehicles, sustainability and cities through applied e-commerce, and the sharing economy research, teaching, and community will impact the form and function of partnerships. We work across cities. disciplines that match the complexity of cities to address sustainability In all cases, we share our expertise challenges, from regional planning to and experiences with scholars, building design and from enhancing policymakers, community leaders, and engagement of diverse communities project partners. We further extend to understanding the impacts on our impact via an annual Expert-in- municipal budgets from disruptive Residence Program, SCI China visiting technologies and many issues in scholars program, study abroad course between. on redesigning cities for people on SCI focuses on sustainability-based bicycle, and through our co-leadership research and teaching opportunities of the Educational Partnerships for through two primary efforts: Innovation in Communities Network (EPIC-N), which is transferring SCYP 1. Our Sustainable City Year Program to universities and communities (SCYP), a massively scaled university- across the globe. Our work connects community partnership program that student passion, faculty experience, matches the resources of the University and community needs to produce with one Oregon community each innovative, tangible solutions for the year to help advance that community’s creation of a sustainable society. sustainability goals; and About SCYP The Sustainable City Year Program learning courses to provide students (SCYP) is a year-long partnership with real-world projects to investigate. between SCI and a partner in Oregon, Students bring energy, enthusiasm, in which students and faculty in courses and innovative approaches to difficult, from across the university collaborate persistent problems. SCYP’s primary with a public entity on sustainability value derives from collaborations and livability projects. SCYP faculty that result in on-the-ground impact and students work in collaboration with and expanded conversations for a staff from the partner agency through community ready to transition to a a variety of studio projects and service- more sustainable and livable future. 4 About City of Troutdale About City of Troutdale Troutdale is a dynamic suburban community in Multnomah County, situated on the eastern edge of the Portland metropolitan region and the western edge of the Columbia River Gorge. Settled in the late 1800s and incorporated in 1907, this “Gateway to the Gorge” is approximately six square miles in size with a population of nearly 17,000 residents. Almost 75% of that population is aged 18-64. Troutdale’s median household beautiful natural setting, miles of trails, income of $72,188 exceeds the State and parkland and conservation areas of Oregon’s $59,393. Troutdale’s draw residents and visitors alike. The neighbors include Wood Village and City’s pride in place is manifested Fairview to the west, Gresham to the through its monthly gatherings and south, and unincorporated areas of annual events, ranging from “First Multnomah County to the east. Friday” art walks to the city’s long- For the first part of the 20th century, standing Summerfest celebration the city remained a small village serving each July. A dedicated art scene and area farmers and company workers an exciting culinary mix have made at nearby industrial facilities. Starting Troutdale an enviable destination and around 1970, Troutdale became a underscore the community’s quality of bedroom community in the region, with life. Troutdale is home to McMenamins subdivisions and spurts of multi-family Edgefield, one of Portland’s beloved residential housing occurring. In the venues for entertainment and 1990s, efforts were made to improve hospitality. the aesthetics of the community’s In recent years, Troutdale has original core, contributing to an award- developed a robust economic winning “Main Street” infill project that development program. The City’s helped with placemaking. In the 2010s, largest employers are Amazon and the City positioned itself as a jobs FedEx Ground, although the City center as it worked with stakeholders to also has numerous local and regional transform a large superfund area to one businesses that highlight unique assets of the region’s most attractive industrial within the area. Troutdale’s recent centers – the Troutdale-Reynolds business-related efforts have focused Industrial Park. on the City’s Town Center, where 12 The principal transportation link “opportunity sites” have been identified between Troutdale and Portland is for infill development that respects the Interstate 84. The Union Pacific Railroad small-town feel while offering support main line runs just north of Troutdale’s to the existing retail environment. The city center. The Troutdale area is the next 20 years promise to be an exciting gateway to the famous Columbia River time for a mature community to protect Gorge Scenic Area and Sandy River what’s loved and expand opportunities recreational areas, and its outdoor that contribute to Troutdale’s pride in pursuits. Troutdale’s appealing and place. 5 Spring 2021 Mobile Food Facilities Policy Review Course Participants LINDSAY COOK, Public Administration, Graduate DAVIS BRANDY, Public Administration, Graduate MELISSA GRACIOSA, Community and Regional Planning, Graduate WILLOW HAMILTON, Community and Regional Planning, Graduate SIAN MENG, Planning and Public Affairs, Doctorate MAYA NOVISKI, Public Administration, Graduate HANNAH SHAFER, Public Administration, Graduate 6 Executive Summary Executive Summary Students reviewed and analyzed mobile food facility (MFF) policies from seven case study cities in order to help the city of Troutdale as it evaluates how best to update its MFF ordinances and policies. Students collected materials from economic activities, public health, municipal codes, websites, reports, public space, and public safety. and news for their MFF policy analysis. Based on policy evaluation results, Five Oregon cities and two out-of-state students provided recommendations cities were selected as case studies for improving definitions of MFFs, due to their similar socio-demographic regulating system, three types of MFF context to Troutdale or in the case policies, and management of MFFs of the two out-of-state cities, being in Troutdale. This report has three identified as having noteworthy main conclusions: 1) General location example zoning ordinances per the restrictions may pose barriers for MFFs American Planning Association’s (APA) operators entering the market and publication “Regulating Food Trucks.” sustaining profits, but would improve The primary policy analysis includes public safety and public pace. 2) three sections. First, students most place-based regulations aim to summarized how case study cities mitigate the negative externalities of define MFFs. Second, students MFFs and reduce the conflicts with examined MFF policies, regulations, neighborhood zoning designations, and practices by dividing them into which also addresses public safety three categories based on their spatial concerns and enhances the quality attributes, including general location of public space. In addition, specific restrictions, place-based regulations, place-based regulations, such as trash/ and other non-spatial regulations. waste disposal, take public health into Lastly, students created a framework consideration. 3) The county-level for reviewing the best policies and health license and city-level business regulations regarding MFFs using four license aim to protect public health. policy areas. These areas include: 7 Spring 2021 Mobile Food Facilities Policy Review Introduction Mobile Food Facilities (MFFs), often known as Food Trucks or Food Carts, have become an increasingly popular dining option across the country (Food Truck Nation). MFFs can add vitality to small local businesses; bring activity, interest, and vibrancy to streets or open spaces; and expand dining options in areas underserved by traditional restaurants. The goal of this report is: 1) to offer the city of Troutdale insights on making MFFs an asset to the community and 2) to provide policy recommendations that can assist the City in its efforts to address a shortage of policy instruments and the lack of clarity in current codes/regulations. This report reviews policies and regulations comparable communities have implemented to manage and control MFFs. Students collaborated with Troutdale policies, and best practices within staff to investigate options to diversify comparable cities. Following this local dining options, creating a sense of introduction, the first half of this report place through intentional investments examines Troutdale’s current MFFs using a limited amount of developable regulation system and introduces the land, and mitigating impacts to the case study cities and policy review City’s public infrastructure system. process. The second half of the Challenges including local brick-and- report synthesizes comparable cities’ mortar restaurant owners’ concerns definitions for MFFs, summarizes about competition and fairness specific MFFs policies and regulations in to payment of service development three categories, and evaluates the charges were discussed. The current potential influence of each category development code also poses a of policies. This report summarizes challenge for regulating MFFs because the definition system that Troutdale the regulations can be perceived to could adopt and provides specific be prescriptive, contradictory, and policy recommendations on revising confusing. its development code based on the This report analyzes five Oregon proposed definition system. Students communities and two out-of-state also synthesize best practices regarding communities’ and their approaches streaming, management, and multi- to regulate MFFs. Ideally, this report sector cooperation, which can facilitate will provide Troutdale with information the development code implementation. about MFF operations, ordinances, 8 Background Background The city of Troutdale is a suburban reassure current restaurant owners and community in the Portland Metro area, do not inhibit new entrepreneurs from with a small-town feel and a desire to entering the market. increase tourism. Given the potential Consequently, Troutdale is exploring limited availability of commercial the idea of “Food Cart Pods”, which are spaces and the potential financial tied to a single piece of property, with barriers to opening a restaurant, the developer responsible for paying Troutdale’s goal is to encourage SDCs. Therefore, Food Cart Pods additional dining options while honoring may be a more feasible tactic for the their residents’ needs. Additionally, the existing restauranteur community. One City recognizes that new restaurants suggestion is that the improvement of place stress on the public sewer food cart regulations should be based system, thus mobile food is one way on the improvement on regulations for to diversify food establishments while stand-alone food carts. Although these limiting the impact on the municipal two MFFs operate differently, they have system. Officials want to ensure that fair many similar characteristics and should regulations and/or system development be regulated together (Figure 2-1). charges are implemented that both FIG. 2-1 Stand-alone Food Carts and Food Carts Pods 9 Spring 2021 Mobile Food Facilities Policy Review FIG. 2-2 Stand-alone Food Carts and Food Carts Pods The current MFF codes in Troutdale are regulated in the following section. are not necessarily clear, and there Additionally, the definitions may be are no policy tools at its disposal to partially undifferentiated. For example, address food carts appropriately. it is questionable to define an MFF Section 1.020 (.57) of Troutdale’s whose size is under 48 square feet in Development Code defines “Food a location and operating for a limited Vendors” in a circuitous and conflicting duration, as it can fall into “Food Carts” way (Table 2-1). Within the Food Vendor or “Food Stands.” definition, there are four additional Section 5.200 attempts to clarify definitions of Food Carts, Food Kiosks, where the different mobile food Food Stands, and Food Trucks/ vendors can be located. However, Trailers (Table 2-1), all of which are mobile food vendors whose operations subject to different regulations. These do not fit exclusively within one of the definitions are not explicit due to the four specified mobile food vending use of “may,” “generally,” and “limited categories may experience confusion duration.” The general definition for when attempting to comply with food vendors is moot, as only four regulations due to their design and specific types of mobile food vendors specificity. 10 Background TABLE 2-1 Definitions of Food Vendors Definition Food Vendor Any trailer, vehicle, wagon, cart, stand, or other similar mobile or temporary device or structure which is used for the purpose of preparing, processing, or converting food for immediate consumption as a drive-in, drive-through, curb, or walk-up service. A valid City business license is required. Food vendors (mobile) also means the site occupied by a mobile food vendor if a mobile food vendor occupies the site daily for more than three (3) consecutive days even if the mobile device or structure does not occupy the site twenty four (24) hours per day. Food Carts Includes both mobile cars, and also temporary stands with a maximum size of one hundred (100) square feet. It at a location and operating for a limited duration. Examples include a food stand erected for an event, such as a food stand put up and operated for the duration of an authorized community event. Customer access is walk up only. Food Kiosks Located on a site in a long-term or permanent manner such as a driveup coffee stand. These may be structures on trailers. There is no kitchen or indoor seating. Customer access can be walk- up or drive-up window. Food Stands At a location and operating for a limited duration. Examples include a hot dog stand that operates on a street corner during the lunch hour or a lemonade stand in a neighborhood. Maximum size is forty eight (48) square feet. Customer access is walk up only. Food Trucks/ In which food is prepared and from which food is served. Food Trailers Trucks and Trailers park generally in parking lots and may move from the business site daily, or may locate in the same site for several weeks at a time. Maximum size is two hundred (200) square feet. There is no indoor seating. Customer access can be walk-up or drive-up window. Based on this code, the city of Troutdale has three potential issues with Mobile Food Vendors: the definitions for mobile food vendors are not explicit, the City could clarify where mobile food vendors are allowed to operate, and the City could add regulations on Food Cart Pods. 11 Spring 2021 Mobile Food Facilities Policy Review Methodology LITERATURE REVIEW POLICY REVIEW FRAMEWORK Students reviewed relevant literature on The student teams created a framework best practices for MFFs from resources for reviewing best practices, policies, available through search engines, the and regulations around MFFs by American Planning Association, and providing a summary of three types of the University of Oregon’s database policies differentiated by their spatial collection. consideration – general location Students conducted further research restriction, place-based, general on comparable cities through the licensing/municipal codes (i.e., no clear information available on respective spatially specific requirements). webpages. These included cities’ special websites for MFFs, current development/zoning codes, staff reports, city ordinances, and council meeting minutes. Students gathered additional context surrounding MFFs through news articles available via search engines. FIG. 3-1 Three types of policies by spatial dimension Students also adopted the four policy areas identified in the National League of Cities report titled Food on Wheels: Mobile Vending Goes Mainstream. These areas include economic activities, public health, public space, and public safety (Figure 3-2). Finally, students examined the potential influence of three types of policies on four policy areas. 12 Methodology FIG. 3-2 Four policy areas CASE STUDY CITIES and average median incomes well over Each student selected one case study $100,000 (U.S. Census). Happy Valley city with a similar socio-demographic is slightly larger than Troutdale, with a context to Troutdale: population growth trend continuing to increase, whereas Troutdale’s growth • Happy Valley, OR has plateaued since the 2010 census. • Lake Oswego, OR One example of a food cart pod that • Milwaukie, OR has been successful is the Happy Valley • Oregon City, OR Station. • Redmond, OR • Louisville, CO Lake Oswego, OR • Fairburn, GA Lake Oswego is located 10 miles south of the Portland metropolitan area on Happy Valley, OR Interstate 5 and is within Clackamas Happy Valley is approximately six miles County. Lake Oswego has a population southeast of Portland. The current of 39,000, and its population increased population of Happy Valley is 22,400. 6.9% from 2010 to 2018. Their top three According to the World Population industries are health care and social Review website, it experienced a very assistance (11%), retail trade (10%), and large population increase in the last ten manufacturing (8%). Currently, the only years (69%). It is primarily a suburban allowable use for food carts in Lake community comprised of commuters Oswego is for seasonal pushcarts in working in Portland with household the East End Commercial and General 13 Spring 2021 Mobile Food Facilities Policy Review Commercial Zones. Some examples Oregon City, OR include ice cream and crepe pushcarts Oregon City is located 13 miles south across from Lake View Village in the of Portland, holds the County Seat for summer. Lake Oswego underwent a Clackamas County, and has around process for allowing food cart pods 35,000 people. Oregon City offers as a permitted use in Industrial Park plenty to do and see with shopping zones as recommended in the City’s areas, recreational activities, and 2016 Southwest Employment Area Plan historical and cultural attractions. (SWEA), but the City Council ultimately Additionally, residents and visitors can declined to adopt food cart pods as try one of the ten different food carts at a permitted use due to the concerns Corner 14, the new food cart pod and over the potential for increased traffic, tap house located in the City’s heart. parking shortage, and noise. Redmond, OR Milwaukie, OR The city of Redmond is located in Milwaukie is similarly situated as Deschutes County. Incorporated on Troutdale as a suburb of Portland with July 6, 1910, the City is situated on the a similar population size. Milwaukie is east side of Oregon’s Cascade Range, served by the MAX Orange Line, while in Central Oregon’s high desert. From Troutdale is only serviced by bus; the Redmond, there is access to many closest light rail is in Gresham. This light recreational opportunities. Redmond rail connection is an important cultural is a full-service municipality and one difference as once a place is serviced of the fastest-growing industrial and by the MAX, it feels incorporated into residential communities in Oregon. the Portland metro area. Residents of Redmond has an estimated population Troutdale feel largely independent of of 32,421 from 2019, and the population Portland, and appear to want to keep continues to grow at a rate of about it that way. In contrast, Milwaukie is 6.7% each year. In 2003, Redmond often seen as “the most Portland of started incorporating mobile food the suburbs” since it adopts similar facility codes and regulations for street policies as Portland. Milwaukie’s vendors into city codes. The last year liberal approach to MFFs may be these codes were updated was in 2013. influenced by Portland’s approach. Currently, there is one food cart pod As Portland is known for having with four food carts in Redmond. many food carts and food cart pods, Milwaukie has embraced this strategy as well. They use a policy-light touch with regulating food carts, relying on external documents as opposed to incorporating MFFs regulation into the municipal or development code. 14 Methodology Louisville, CO Louisville is 10 miles southeast of adjacent to main commercial districts Boulder and 25 miles northwest of and a river with a landscape belt across Denver. The 2019 estimated population the City. Figure 3-3 shows mobile was 20,816. Similar to Troutdale, food facilities and restaurants (orange Louisville serves as a bedroom points). Also, the first mobile food court community for both Boulder and was approved in 2020 via a measure Denver. There is also historical land that allowed food truck courts. FIG. 3-3 The location of mobile food facilities and restaurants in Louisville, CO Fairburn, GA “a place situated to succeed and a Fairburn is a suburban community town open for business.” Additionally, located 21 miles southwest of Atlanta it has established mobile food with a population of 17,000 people. truck regulations and permitting The locality’s website boasts of its requirements. However, it does not community-oriented small-town have regulations specific to mobile character and is self-described as food truck pods. 15 Spring 2021 Mobile Food Facilities Policy Review Definitions of Mobile Food Facilities Case study cities adopt three different Redmond, OR strategies to define their MFFs, Redmond uses the term “Street including a general definition (i.e., a Vendor” instead of “mobile food single and concise definition for all facility” or other terms. The City defines MFFs) and a detailed definition (i.e., “Street Vendor” as: “any person, on various definitions for different MFFs). property outside the public right-of- way and with the permission of the GENERAL DEFINITION affected landowner in commercial or Happy Valley, OR industrial zones, carrying, conveying The Happy Valley development code or transporting food, beverages, defines a “mobile food unit” (MFU) as flowers or balloons and offering and “any vehicle that is self-propelled or exposing them for sale from a mobile that can be pulled or pushed down a type of device such as a pushcart or sidewalk, street, highway, or waterway, like conveyance. Carts must be totally on which food is prepared, processed, self-contained, must remain mobile or converted or which is used in selling and have wheels attached at all times, and dispensing food to the ultimate and must not occupy more than twenty consumer.” square feet. No outside seating is allowed.” Milwaukie, OR Milwaukie has a straightforward Oregon City, OR definition of MFFs: “a) the cart has Oregon City defines mobile food unit wheels, and the wheels will not be as “A vendor or seller of food and/ removed. b) any canopies, awnings, or or beverages from a motorized, non- any other attachments will be attached motorized or towed vehicle including to, and supported entirely by, the a wheeled trailer or cart capable of cart and will not touch the ground. c) being towed or pushed by a vehicle or the unit is self-contained and will not by hand not within a building. Mobile require any plumbing connections.” food units may require licensing from state and county health departments. Fairburn, GA Food units may be transitory or non- Fairburn’s Zoning Ordinance defines transitory.” a Mobile Food Truck as “A retail food establishment that reports to and operates from a commissary and is readily moveable. Said mobile food truck shall be a motorized wheeled vehicle which includes a self-contained kitchen where food is prepared or stored and from which food product are sold and dispensed.” 16 Definitions of Mobile Food Facilities DETAILED DEFINITION The only allowable use for food carts Laske Oswego, OR in Lake Oswego is pushcarts, but Laske Oswego defines food carts a definition for pushcarts is absent and food cart pods in their proposed from Lake Oswego’s municipal and amendment (50.10.003 Definitions) as development code. the following: Louisville, CO • “Food cart – A mobile unit, such as a Table 4-1 shows the definitions of all trailer, truck, or cart, designed for the mobile food facilities from Louisville’s concession of food and/or beverages zoning code. The City adopts a to walk-up customers. hierarchical definition system for • Food cart pod – A site containing a single mobile food facility. The more than one food cart and general definition for mobile food associated with amenities on private establishments does not include mobile property. A food cart pod may food vehicles (motorized or towed), and include no more than two vendors the definition for mobile food vehicles selling beer, cider or wine, which does not include mobile food carts must be licensed by the Oregon (non-motorized and size limitation). Liquor Control Commission (OLCC).” There is an additional definition for ice cream vendors and mobile food courts. 17 Spring 2021 Mobile Food Facilities Policy Review TABLE 4-1 Summary of Mobile Food Facility Definitions Type Definition Mobile Mobile retail food establishment means a retail food retail food establishment that reports to and operates from a commissary establishment and is readily moveable and equipped to serve food but which does not include mobile vending food vehicles as defined in section 17.08.323 and mobile vending carts as defined by section 17.08.333. Mobile food Mobile food vehicle means a readily movable, motorized- vehicle wheeled vehicle or a towed vehicle designed and equipped to store, prepare, or serve, and sell food, but which does not include mobile vending carts as defined in section 17.08.333. Mobile Mobile vending cart means a readily movable cart equipped vending cart to prepare, store or serve, and sell food and not exceeding a size of four feet in width by ten feet in length, excluding roof overhangs and wheels, by eight feet in height. Ice cream Ice cream vendor means a person or business selling or vendor offering for sale ice cream or frozen dairy products on the streets, alleys or other public places. Mobile food Mobile food court means a commercial development where court two or more mobile retail food establishments, mobile food vehicles, mobile vending carts, or ice cream vendors congregate to offer food or beverages for sale to the public and includes customary outdoor areas for eating and drinking. Operations associated with a private catered event or a city- permitted special event are not considered a mobile food court. Regulations for single mobile food facilities also apply to the mobile food carts, except for the location requirements from restaurants. Additionally, a special review use, special location requirements, and additional operating requirements apply to the application for a mobile food court. 18 Policy Review Policy Review Students examined MFFs policies, have location restrictions in terms of regulations, and practices by dividing zoning designation. MFFs are permitted them into three categories based on in commercial, industrial, mixed-use their spatial characteristics. The first zones and prohibited in residential category is general location restrictions zones in most cities. Milwaukie has the for different MFFs based on zone most detailed restrictions on operating designation or spatial relationship with in certain zoning districts. In Oregon other land uses. The second category City, locational restrictions exist is place-based regulations tied to site depending on the transitory nature of use and site development, such as cart the mobile food unit. Generally, out- separation, setbacks from parking lots of-state case study cities have location and pedestrian pathways/walkways, requirements related to specific land surfacing, waste and recycling, lighting, use, such as distance from restaurants covered seating area, restrooms, or eating establishments, while Oregon landscaping, and parking. The last cities do not have these location category includes any regulations with requirements. no spatial characteristics, including Additionally, cities with regulations general licensing requirements, on food cart pods have alternative or municipal codes, and other relevant additional restrictions for food cart regulations. pods. For instance, food cart pods are permitted in industrial park zones GENERAL LOCATION RESTRICTIONS but not in commercial zones in Lake Table 5-1 summarizes case study cities’ Oswego. In Louisville, mobile food general location restrictions, illustrating courts are exempt from the location the spatial relationship with zoning restrictions from restaurants and can and other land uses. All seven cities only be established on private property. TABLE 5-1 General Location Restrictions Zoning Other Land Uses Happy Valley • Permitted in Commercial and Industrial districts • Prohibited in Residential zones Lake Oswego • Pushcarts are seasonally permitted in the East End Commercial and General Commercial zones. • Food cart pods are permitted in Industrial Park zone 19 Spring 2021 Mobile Food Facilities Policy Review Milwaukie • Permitted outright in Downtown Storefront, Downtown Commercial, Downtown Office, Residential-Office- Commercial, General Commercial • Permitted as accessory uses in Business Industrial and Manufacturing • Permitted as conditional uses in Neighborhood Commercial • Prohibited in Downtown Residential, Downtown Open Space, All Residential zones, Residential-Office- Commercial, Limited Commercial and Community Shopping Commercial Oregon City • Transitory mobile food units are allowed to operate in most zone • Non-transitory mobile food units are only permitted in Mixed-Use Downtown and Institutional Zones Redmond • Permitted in Commercial and Industrial zones. Louisville • Permitted in Non-residential, mixed- • 150 feet from any use and agricultural zone districts existing restaurant (not applicable to mobile food courts) Fairburn • Permitted in Office Institutional, • Prohibited in private Downtown Mixed-Use, property, 200 ft of an Neighborhood Commercial, General eating establishment Commercial, Light Industrial, Heavy or 100 ft of a retail Industrial, Planned Development, store that sells Parks and Open Space food w/o written permission from the owner, 250 ft of a residential structure 20 Policy Review PLACE-BASED REGULATIONS and Redmond have minor regulations. Table 5-2 summarizes the presence However, Milwaukie has the most of different types of place-based explicit general location regulations, regulations for each city, and Appendix which complements place-based A specifies each city’s ordinance. All regulations. Louisville has many cities have specific requirements for requirements that other cities do not parking, which indicates that parking have, such as ADA accessibility, music is an important factor in regulating restrictions, and prohibition in the sight MFFs. Apart from Redmond, all other triangle/vehicle clear-zone. cities have requirements on sewage/ Some cities require that the waste/ trash disposal. Requirements establishment of MFFs (especially for on landscaping, lighting, pedestrian food cart pods) should comply with traffic/sidewalk, right-of-way, seating, other design guidance, regulations, or setbacks, signage, surfacing, time, site review process. For instance, the and vehicle attendance are frequently establishment of food cart pods should shown in most cities’ Code. Only a adhere to the same standards that other few cities have regulations regarding types of restaurants or businesses are fencing, height, restroom, sanitation, subject to in Lake Oswego. Additionally, separation, size, and stormwater. Louisville requires a special review use Louisville has the most place-based for mobile food courts, so a site plan is regulations for both individual MFF and required and would be mainly reviewed Mobile Food Court, while Milwaukie at the city’s discretion. TABLE 5-2 Place-Based Regulations Happy Lake Milwaukie Oregon Redmond Louisville Fairburn Valley Oswego City ADA x Fencing x x Height x Landscaping x x x Lighting x x x Music x Parking x x x x x x x Pedestrian x x x Restroom x x Rights-of-way x x x 21 Spring 2021 Mobile Food Facilities Policy Review Happy Lake Milwaukie Oregon Redmond Louisville Fairburn Valley Oswego City Sanitation x x Screening x x x Seating x x x x Setbacks x x x x x Separation x Sewage x x x x Sight triangle x Signage x x x Size x x Stormwater x Surfacing x x x Time x x Waste/ Trash x x x x Utility x x x x Vehicle x x x attendance Note: “x” means this regulation item is required, and the specific content is shown in the Appendix OTHER RELEVANT REGULATIONS is required in most cities. On-site Table 5-3 summarizes cities’ non- inspection through Health Department spatial regulations, including general and/or Fire Protection District is licensing requirements, municipal required in some cities. Oregon codes, and other relevant regulations. cities do not require license/permit/ All case study cities require that MFFs inspection related to fire protection that operators have a business/tax license. Louisville and Fairburn require. A county-level health permit/certificate 22 Policy Review TABLE 5-3 Other Relevant Regulations License/ Certificate Other Relevant Restrictions Happy • Clackamas County Environmental Valley Health permit requirements • Business license Lake • City business license Oswego • Licenses and certificates from the Clackamas County Health Department Milwaukie • Business license • Health inspection • Health license through the county • Any permits necessary depending on the zone Oregon • Building permits and public works • Worksheet for Carts in City permits may be required (Transitory) Pods and Permanent • Business license (Non-transitory) Carts will be submitted Redmond • Business license • Standards prescribed by state and county law and regulations • The building official and the fire marshal shall inspect each mobile device to be used Louisville • Sales/use tax license • Boulder County Public Health Certificate • A permit from the Louisville Fire Protection District Fairburn • Mobile Food Truck Use Permit • Must be inspected • Fulton County Health Department by the fire marshal if regulations cooking food occurs • State of Georgia business license on-site and federal licenses 23 Spring 2021 Mobile Food Facilities Policy Review Policy Evaluations Students evaluated cities’ policies example, Denver, Colorado, aims to based on four key policy areas: coordinate different departments’ Economic Activities, Public Space, review processes by providing a one- Public Health, and Public Safety. stop service on their website. Cities Appendix B shows the feasibility of also utilize financial policy instruments each city’s MFFs policies using these to facilitate the entrance of MFFs into four evaluation criteria, and Appendix the catering market. C provides detailed information pertaining to the connections between PUBLIC SPACE the three types’ policies and four General location restrictions aim evaluation criteria. to guarantee compatibility with the surrounding area, which is a key aspect ECONOMIC ACTIVITY of public space in this framework. The location requirement that the Zoning designations and district use of MFFs shall be located a certain overlays have a tendency to restrict distance from any existing restaurant where MFFs can be developed. can create a barrier to entering the The proposed development codes local catering market. Although this would regulate proximity concerns regulation is flexible, operators can and reduce conflict with neighboring acquire a written/notarized permission zoning designations. MFFs are generally from brick-and-mortar businesses. permitted in commercial, industrial, However, it puts mobile food truck mixed-use zones and prohibited in operators at a distinct disadvantage residential zones. This designation may if nearby businesses refuse to grant mitigate any concerns in proximity to written/notarized permission. residents. Alternatively, development Minimum proposed parking codes for parking, walkways and requirements for MFFs pose another pathways, lighting, screening, and barrier to market entry. All cities have signage would all fall under public parking requirements for individual space considerations. These proposed MFF, and a site plan showing the amendments include minimum number and location of parking space setbacks, widths of pedestrian ways, applies to the application of food cart and appropriate square footage for pods/mobile food courts. service access. These codes also A website synthesizing all the include landscaping and screening aforementioned information can reduce with specifications for height and the transactional cost of operating a type of planting to reduce noise, light, mobile food unit. Many cities provide a and sight concerns from abutting website to summarize the information residential properties. Minimum parking regarding MFFs and facilitate the requirements would also mitigate issues application process, including a map with overflow into neighborhoods or showing current zoning districts along busy thruways. and the location of restaurants. For 24 Policy Evaluations PUBLIC SAFETY Other relevant non-spatial regulations General location requirements consider also ensure public safety. Redmond the tangential impacts of operation code states that the building official locations on community residents and the fire marshal shall inspect each and visitors. In Milwaukie, food carts mobile device to be used. The building may operate in any zone where eating official shall certify that the device is establishments are allowed as a structurally and mechanically sound, permitted, limited, or accessory use. and that the design will not create Therefore, food carts are prohibited a nuisance or hazard to the public. in zones that have already been The fire marshal shall certify that any deemed unfit for eating establishment cooking or heating apparatus is in uses. This strategy may be effective conformance with the provisions of the because it focuses on the similarities city fire code. Louisville and Fairburn of food carts with other eating require permits and inspections from establishment businesses, including the fire protection department. the primary function of serving food, self-sufficiency, and potential impacts PUBLIC HEALTH on neighborhoods. It also provides County health and city business justification for the approval of food licenses largely address public health carts, since similar businesses have concerns. City business licenses and been approved in these zones before. county health licenses/permits regulate In terms of food cart pods, Lake compliance with fire code, plumbing, Oswego has a location requirement of potable water, and wastewater disposal. operating on private property within the The county health department would IP zone, which may mitigate concerns oversee relevant environmental health regarding proximity to schools and permitting. maintaining school safety. General location restrictions and Many place-based regulations are place-based regulations would mitigate designed with safety in mind. For health concerns to some extent. For instance, most city codes include instance, Lake Oswego’s code specifies requirements related to setbacks, that food cart pods are required to lighting, circulation, and waste. These provide permanent handwashing and regulations address pedestrian safety bathroom facilities within development concerns and improve accessibility. plans. Some MFFs must maintain a Other standards regulate the tidiness supply of fresh water and dispose and safety for customers, operators, of all waste/trash associated with and passersby. These standards operations. These requirements specify the size and height of carts, promote a sanitary dining environment accessories such as awnings, and and are commonplace in any business prohibit seating or vending inside of that serves food. However, regulations carts. For mobile food courts or food aiming to improve public health are cart pods, a site review is required to limited to each city’s ordinance. ensure the permanent structure would not increase public safety concerns. 25 Spring 2021 Mobile Food Facilities Policy Review Recommendations DEFINITIONS requirements for all MFFs to make the We recommend simplifying the regulation system clearer, if condensing definitions for MFFs. Troutdale’s the definitions is not available. Troutdale current definitions for MFFs could be could also establish a hierarchical revised into two simple definitions that regulation system for individual mobile would be subject to different levels food unit and mobile food courts, of regulation within the development plus additional operating and location and municipal code. These simplified requirements, which can mitigate the definitions can streamline the process external effects of mobile food courts. for MFFs and trigger tiered regulations Food cart and food cart pod and policy tools depending on their development could benefit from an locations in public spaces or on private equity lens. Troutdale’s Town Center property. These definitions can also Plan addresses issues of equity help clarify contradictions in Troutdale’s specifically as it concerns housing existing regulations for food carts affordability and transportation, but and pod developments, and support also as it relates to equity issues the limited capacity of planning staff. more broadly for Black, Indigenous, Removal of drive-in or drive-through and People of Color populations that language from the definitions of food have been historically marginalized. carts may also limit potential public Food carts and food cart pods may safety issues by limiting the interaction work to increase more equitable with motorized traffic with food carts, outcomes by increasing accessibility pedestrians, or non-motorized traffic. A to lower cost food options. They may concise definition could also facilitate also increase accessibility to food in innovation, such as three-wheeled MFF, areas without restaurants or grocery man-powered MFF, and various theme stores, targeting both underserved MFFs. areas of Troutdale and supporting underrepresented entrepreneurs REGULATION SYSTEM using food carts as restaurant A single, concise, and consistent incubators or as supplemental section can help regulate all types income. Given that Troutdale’s fastest of individual mobile food units. For growing demographic is of the Latinx example, although Louisville has many community in statistically lower wage definitions for single MFF (similar to jobs, food carts and food cart pods Troutdale), the requirements for most could offer an innovative means to types of single MFF are consistent, welcome new residents into the city except for ice cream vendors. Thus, with increased access to economic Troutdale could adopt consistent opportunity. 26 Recommendations GENERAL LOCATION RESTRICTIONS OTHER RELEVANT REGULATIONS Food carts and food cart pods can be We suggest all MFFs have a city limited to both general and specific business license and the proper commercial and industrial areas. permitting from the county health Zoning designations or district overlay department for food sanitation, cart standards can restrict the development safety, and environmental health. The or location of food carts and food cart city of Troutdale can simplify and pods within Troutdale. These zoning streamline their development codes designations and district overlays for MFFs by allowing some regulations can be used to minimize conflict with to be delegated to other city and existing brick-and-mortar restaurants county departments to administer and and prevent food cart pods from ensure compliance. A city business operating in the core downtown license should regulate compliance neighborhood of the town center. with city codes for fire, utility, and Additionally, Troutdale can consider plumbing safety. This may be done in removing food carts as a permitted use partnership with local fire officials. A to a conditional use within residential city business license may also have areas to disincentivize food carts in the ability to provide limitations on the residential areas to avoid potential hours of operation. We recommend issues in public safety or conflicts the Multnomah County Health with residents over traffic, noise, light, Department regulate food sanitation parking, or otherwise. Troutdale’s and any relevant environmental current definitions for food carts can health concerns. Multnomah County be revised into two simple definitions requires a plan review process for that would be subject to different levels new or remodeled food carts, detailed of regulation within development and licensing requirements for changes municipal code. in ownership, criteria for use of commissaries, and warehouses for PLACE-BASED REGULATIONS cart storage. Multnomah County also Development code can be used to requires an additional plan review regulate place-based regulations process for units that are in a location for food carts and food cart pods. for more than 30 days and must These codes may address issues receive approval from the Prefabricated or concerns in public safety, public Structures Section of the Building health, and public space. They Code Division. Troutdale may consider should include requirements for cart additional requirements for individual separation, setbacks, surfacing, waste food carts if the County standards are and recycling, lighting, restrooms, not sufficient. These regulations should covered seating areas, landscaping and ensure that food carts and food cart screening, and parking. Development pods are appropriately paying into the codes for food carts and food cart system, maintaining public safety and pods may also utilize existing codes public health, and minimizing conflict for signage or site plan reviews for with existing restaurants. permanent structures. 27 Spring 2021 Mobile Food Facilities Policy Review ADDITIONAL SUGGESTIONS licensing, permitting, and relevant Troutdale can also create a website fees. Stakeholder engagement may synthesizing and summarizing MFF- also support innovations for brick- related information, including a map and-mortar restaurants to consider showing current zoning districts and supplementing their business models the location of restaurants. This website with a seasonal food cart that can could also facilitate the MFF application operate during special events. process. Apart from Louisville, some Stakeholder engagement may also Colorado cities have a website specific work to preempt residential concerns to MFFs. Denver aims to coordinate on parking, noise, or traffic. different departments’ review Food cart pods as a permitted use, processes to provide one-stop service rather than individual food carts, may on its website. provide a means to streamline the Conducting engagement with process of regulation and enforcement brick-and-mortar restaurants and for city and county staff. Food cart pods other relevant stakeholders in the centralize the location of individual code amendment process is another carts, which may ease the regulation method Troutdale could utilize. and enforcement of the development This may span from awareness to by city or county staff with limited collaboration in the code amendment capacity. A centralized location may process, with emphasis on educating also work to make food carts a more stakeholders on how food carts and viable economic contribution by food cart pod development would supporting patronage at multiple food be regulated and clarify how MFFs carts. pay into the appropriate systems of 28 Conclusion Conclusion This report reviews seven cities’ MFF policies and regulations and their connections to four key policy areas. Results show that general location restrictions may pose barriers for MFF operators entering the catering market and sustaining profits, but would improve public safety and public pace. Most place- based regulations aim to mitigate the negative externalities of MFF and reduce the conflicts with neighborhood zoning designations, while also addressing public safety concerns and enhancing the quality of public space. In comparison, specific place-based regulations, such as trash/ waste disposal, also account for public health. The license and permit requirements refer to public health to a large extent. To regulate MFF, Troutdale has the opportunity to learn from these cities’ policies and practices, and adopt a comprehensive approach. Additionally, many cities establish online streaming process to facilitate the application process, which can save operators money and time cost. 29 Spring 2021 Mobile Food Facilities Policy Review References https://worldpopulationreview.com/us- Macuk, A. (2016). Parking Rules Could cities/troutdale-or-population, accessed Imperil Proposed Lake Oswego Food Cart May 2021. Pod. Lake Oswego Review. Pamplin Media. Retrieved from https://pamplinmedia.com/ https://www.census.gov/quickfacts/fact/ lor/48-news/330386-209396-parking-rules- table/troutdalecityoregon/PST045219, could-imperil-proposed-lake-oswego-food- accessed May 2021. cart-pod. https://www.census.gov/quickfacts/fact/ Oregon Health Authority (n.d.) Mobile Food table/happyvalleycityoregon/PST045219, Unit Operation Guide. Guidelines for Food accessed May 2021. Service. Oregon Health Authority. Food, Pool & Lodging, Health & Safety Program. http://qcode.us/codes/happyvalley/, Retrieved from https://www.oregon.gov/ accessed May 2021. oha/ph/healthyenvironments/foodsafety/ documents/muguide.pdf Mobile Version: Multnomah County. (2020). Food Carts. http://qcode.us/codes/happyvalley/view.ph Multnomah County Health. Retrieved from p?topic=16-16_6-16_69-16_69_030 https://www.multco.us/services/food- carts#commissary. https://www.sunnysidefarmersmarkets. com/happy-valley-become-vendor, City of Troutdale. (2021). Draft Town accessed June 2021. Center Plan 2020-2040. Retrieved from https://www.troutdaleoregon.gov/sites/ National League of cities. “Food on Wheels: default/files/fileattachments/community_ Mobile Vending Goes Mainstream,” n.d. development/page/13211/cc_draft_-_may_11. US Census Bureau & Bureau of Economic pdf Analysis. (2021). Lake Oswego, OR. National League of Cities. (2013). Food on Economic Profile System. Retrieved from Wheels: Mobile Vending Gone Mainstream. https://headwaterseconomics.org/apps/ economic-profile-system/4100040550. City of Louisville. (2021). Code of Ordinances. Retrieved from https://library. US Department of Commerce, US Census municode.com/co/louisville Bureau, & American Community Survey. (2020). Lake Oswego, OR. Demographic City of Louisville. (2021). Food Trucks. Report. Retrieved from https:// Retrieved from https://www.louisvilleco. headwaterseconomics.org/apps/economic- gov/local-government/government/ profile-system/4100040550. departments/planning-building-safety/food- trucks US Census Bureau & Bureau of Economic Analysis. (2021). City of Louisville. (2021). Mobile Retail Food Vending Application and Permit. Retrieved US Department of Commerce, US Census from https://www.louisvilleco.gov/home/ Bureau, & American Community Survey. showpublisheddocument/18806/63740519 (2020). 9802130000 City of Lake Oswego. (2016). Food Cart City of Louisville. (2021). Sales Pods in Limited Industrial Park (IP) Area: Tax Application. Retrieved from Development Code Amendments (LU 16- https://www.louisvilleco.gov/ 0027). Public Review Draft. Retrieved from home/showpublisheddocument/ http://www.lakeoswego.city/planning 18816/636622400555800000 30 References State of Colorado. (2021). Mobile Food City of Milwaukie. Mobile Food Carts Establishment Plan Review. Retrieved from on Private Property. https://www. https://drive.google.com/file/d/1UJHYpTBPX milwaukieoregon.gov/sites/default/files/ h8JXftUNHk4Ce5ctT7_1ByU/view fileattachments/engineering/page/42381/ sidewalkvendingcarts.pdf State of Colorado. (2021). Retail food – licensing. Retrieved from https://cdphe. City of Milwaukie. Sidewalk Vending Carts. colorado.gov/retail-food/retail-food- https://www.milwaukieoregon.gov/sites/ licensing default/files/fileattachments/engineering/ page/42381/sidewalkvendingcarts.pdf City of Fairburn. 2015. “Application for Mobile Food Truck Use Permit”. Fairburn: Food Truck Nation. https://www. City of Fairburn. mobile_food_truck_ foodtrucknation.us/ application_pdf.pdf (fairburn.com). Kolias, Vera – Senior Planner for City of City of Fairburn. 2019. “City of Fairburn Milwaukie. Interview. By Willow Hamilton. 7 Zoning Ordinance Chapter 80”. Fairburn: May 2021. City of Fairburn. Ordinance of 10-28-2019 (1) | Code of Ordinances | Fairburn, GA | Milwaukie Municipal Code. Section 19.201. Municode Library. Section 19.300. Section 19.312.4. https:// www.milwaukieoregon.gov/planning/ “City of Fairburn, GA”. 2021. City of Fairburn, milwaukie-municipal-code GA. https://www.fairburn.com/. National League of Cities. “Food on Wheels: City of Troutdale. 2019. “Troutdale Mobile Vending Goes Mainstream,” n.d. Development Code”. Troutdale: City of Troutdale. Better Communities, 2013, H. C. L. B. FOOD ON WHEELS: Mobile Vending Goes development_code.pdf (uoregon.edu). Mainstream Land Use Planning Class Meeting with City of Redmond, Oregon, 2010, https:// Troutdale Planning Staff. 2021. Zoom. www.redmondoregon.gov/Home/ ShowDocument?id=3942 National League of Cities. “Food on Wheels: Mobile Vending Goes Mainstream,” n.d. City of Redmond, Oregon, 2010, https:// www.redmondoregon.gov/Home/ FoodTruckReport2013_Final_9-26 (1).pdf. ShowDocument?id=74 City of Milwaukie. Food Carts. https://www. LinkedUpRadio, Envisionwise Website milwaukieoregon.gov/foodcarts Service /. “New Food Truck Lot Planned For Redmond.” KBND, kbnd.com/kbnd-news/ City of Milwaukie. Food Carts on Public local-news-feed/380404. Land Survey Responses. https://www. milwaukieoregon.gov/sites/default/ files/fileattachments/economic_ development/page/77111/surveyforum_ summary_09232015_revised.pdf 31 Appendix A Case Study Cities Place-based Regulations City Placed-based regulations Happy Mobile food unit: Valley • Accessory items and structures – established number of restrooms, per square footage of site, trash receptables, seating. • Signage specified as “A-Frame” style only. • Setbacks for mobile food unit are specified for distances from other units, lot lines, vehicular and pedestrian use areas, and intersections. • Screening is required if less than 20 feet from residential zones. • Surfacing – All units must be on hard surfaces unless permeable surface was authorized in approved site design. • Lighting is required, if not on site, must be provided by applicant. • Utilities – the unit must be self-contained unless otherwise agreed upon through permitting process. • Sanitation, sewage, parking requirements are included in the MFU code section with references to other areas of municipal code. Lake Pushcarts: Oswego • There are no specified place-based regulations on pushcarts detailed within the municipal or development code. There are no clear regulations tied to cart separation, setbacks, pathways or walkways, lighting, parking or otherwise detailed in Lake Oswego’s municipal or development code. Given that pushcarts typically operate in public rights-of-way, there may be gaps in Lake Oswego’s policies that would mitigate potential public safety issues or public space conflicts. Food cart pods: • Proposed amendments for development standards (LOC 50.06) would create site use and development regulations for food carts and food cart pods. • Lake Oswego’s proposed amendments to development code were similar to those adopted by Happy Valley, Beaverton, and Gresham. • Food cart pods may include a permanent structure that must comply with site design standards. 32 Milwaukie • Once a food cart has selected a site, there are a few regulations that apply to their allowable use of that site. If the food cart is parked in an existing parking space, and that use affects the parking minimums of that property, then that parking space must be replaced. There are also signage standards that apply depending on which zone the cart is parked. As mentioned in the definition and approval of food carts, they must be entirely self-contained with no need for plumbing and sewer and no seating. Milwaukie doesn’t regulate their MFFs by time limit. Oregon Mobile Food Units: City • Organize all the necessary forms in one place and clearly describe all steps mobile vendors must take to ensure authorization • Fee should be high enough to generate revenue but not so high as to discourage potential businesses • Mobile vendors should be allowed to park for at least four hours to ensure adequate time to set up, break down, and to adhere to food safety precautions • Maximum of 200 ft. or tiered model where distance requirements depend on density of neighborhood • Mobile food should not be banned from certain areas; consider lottery or first-come- first-serve system restricting number of trucks or sections of right-of-way designated for mobile food • Refer to standards that cities with an established food truck industry have implemented • Adherence to regulations brick-and-mortar restaurants follow is recommended • Allow groups commissary arrangements • Adopt lenient regulatory language • Restrictions on operating during school hours recommended and maintain further proximity from schools compared to restaurants • Should be included in food truck regulations 33 Redmond • Redmond does not allow for street vendors to operate in the public right-of-way. Per the Redmond Development Code, if the street vendor locates in a required parking space for another existing use, that space will be removed from the parking count and may need to be replaced. The code also restricts outside seating. The carts must not occupy more than twenty square feet Fairburn Mobile food trucks: • Must maintain a 20-ft setback from the right-of way • May not be left unattended overnight – equipment may not be left on-site • Must properly dispose of and remove waste/trash associated with operations. Trash/ waste receptacles cannot be located within 100 ft of a residential property line • Must have an adequate supply of fresh water via an on-truck freshwater tank for safe/ sanitary food operations • Must park on paved surfaces • Must provide six parking spaces • Can only operate from 7:00 a.m. to 8:00 p.m. (Sun – Thurs) and 7:00 a.m. to 10:00 p.m. (Fri – Sat) Louisville Single mobile food facility shall not: • Park in or on city-owned right-of-way or city-owned property overnight • Set-up within any designated sight triangle/vehicle clear-zone • Set-up within any ADA accessible parking space • Impede safe movement of vehicular and pedestrian traffic, parking lot circulation or access to any public alley or sidewalk • Fail to have the vehicle/cart attended at all times • Provide amplified music • Place signs/banners in or alongside the public right-of-way or across roadways. Signs must be permanently affixed to or painted on the mobile food vehicle or mobile vending cart, or in the case of a mobile retail food establishment, attached directly to the table, awning, canopy or similar item upon or under which sales are directly made • Fail to have the vehicle/cart attended at all times 34 Appendix B Feasibility of Each Case Study City’s MFF Policies Cities Feasibility of MFF Policies Happy Evaluation Criteria Low Moderate High Valley Economic Activity X Public Space X Public Health X Public Safety X Lake Evaluation Criteria Low Moderate High Oswego Economic Activity X Public Space X Public Health X Public Safety X Milwaukie Evaluation Criteria Low Moderate High Economic Activity X Public Space X Public Health X Public Safety X Oregon Evaluation Criteria Low Moderate High City Economic Activity X Public Space X Public Health X Public Safety X Redmond Evaluation Criteria Low Moderate High Economic Activity X Public Space X Public Health X Public Safety X Fairburn Evaluation Criteria Low Moderate High Economic Activity X Public Space X Public Health X Public Safety X Louisville Evaluation Criteria Low Moderate High Economic Activity X Public Space X Public Health X Public Safety X 35 Appendix C The Connections between Three Types of Policies and Four Criteria Cities Connections between Three Types of Policies and Four Criteria Happy Evaluation General location Place-based Regulations Other Relevant Valley Criteria Restrictions Regulations Economic • All-online application Activity • Rentable on-site kiosk Public • Permitted in • Vehicular and Space Commercial and pedestrian circulation Industrial zones Public • County health code Health Public • Permitted in • Setback Safety Commercial and • Lighting Industrial zones • Circulation • Waste requirement Lake Evaluation General location Place-based Regulations Other Relevant Oswego Criteria Restrictions Regulations Economic • Pushcarts are • Minimum proposed Activity only seasonally parking requirements permitted in for food cart pods commercial areas Public • Pushcarts are • Minimum Parking • Business licensing Space only seasonally • Walkways process permitted in • Lighting commercial areas • Screening • Signage • Minimum Setbacks • Width of sidewalks • Area of service access • Landscaping Public • City business license Health • County health licenses Public • Food cart pods are • Accessibility • Overly district standards Safety only permitted on • Accessories for food cart pods private property • Seating within the IP zone. • Spacing • Surfacing • Size and height 36 Milwaukie Evaluation General location Place-based Regulations Other Relevant Criteria Restrictions Regulations Economic • No SDCs Activity Public • Food carts may • Parking Space operate in any • Signage zone where eating • Self-contained establishments are allowed • No duration restrictions for MFF on private properties Public • County health Health regulations • Self-contained Public • Food carts may • Self-contained Safety operate in any zone where eating establishments are allowed Oregon Evaluation General location Place-based Regulations Other Relevant City Criteria Restrictions Regulations Economic • Site plan • Two different permitting Activity • Design review processes application Public • Time constraints • Setback Space • Proximity • Maximum height restrictions • Prohibited in rights-of-ways Public • Wastewater disposal • County health Health • Permanent water and department permit power sources for • Adhere to city, state, non-transitory carts and federal standards Public • Transitory mobile • Pedestrian safety Safety food units are allowed to operate in most zone • Non-transitory mobile food units are only permitted in Mixed-Use Downtown and Institutional Zones 37 Redmond Evaluation General location Place-based Regulations Other Relevant Criteria Restrictions Regulations Economic • Subsidy Activity Public • Unused parking • Parking Space spaces • Noise • Prohibited in public • Garbage disposal right-of-way • Seating Public • State and county Health regulations. Public • Permitted in • Self-contained • Inspection by building Safety Commercial and • Remain mobile at all official and the fire Industrial zones times marshal • A certificate of insurance Fairburn Evaluation General location Place-based Regulations Other Relevant Criteria Restrictions Regulations Economic • Permitted in eight • Centralized application Activity land use districts process • Location requirements from existing restaurants Public • Time constraints • Parking Space • Prohibited in public • Setback right-of-way • Location requirements from existing restaurants Public • Fresh water • County Health Health • Waste/trash disposal Department regulations Public • Prohibited in public • Paving Safety right-of-way 38 Louisville Evaluation General location Place-based Regulations Other Relevant Criteria Restrictions Regulations Economic • Location • The location • Streaming Activity requirements from requirements from • High application fees existing restaurants existing restaurants shall not apply to mobile food court • Site plan Public • Time constraints • Accessibility to Space • Prohibited in public sidewalk right-of-way • Sinage • Setback • Noise Public • Trash recycling • Restaurant & Food Health • Waste disposal Vendor Licensing Public • Permitted in • Vehicular and • A mobile food vending Safety Non-residential, pedestrian traffic permit from the mixed-use and • Electrical connections Louisville Fire Protection agricultural zone District districts 39 SCI Directors and Staff Marc Schlossberg SCI Co-Director, and Professor of Planning, Public Policy and Management, University of Oregon Nico Larco SCI Co-Director, and Professor of Architecture, University of Oregon Megan Banks SCYP Director, University of Oregon Nat Kataoka Report Coordinator Danielle Lewis Graphic Designer