HomeMy WebLinkAboutCC RESO 2019-106RESOLUTION NO. 2019 - 106
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
PROHIBITING THE PERMITTING OF MICROENTERPRISE HOME KITCHEN
OPERATIONS (MEHKO) WITHIN THE CITY OF NATIONAL CITY.
WHEREAS, January 1, 2019, Assembly Bill No. 626 established
Microenterprise Home Kitchen Operations ("MEHKOs") as a permitted residential use
where individuals can sell meals prepared in their home to consumers for pick-up,
delivery, or onsite consumption; and
WHEREAS, existing MEHKO law prohibits cities from passing zoning
restrictions, or requiring a rezone of the property, or levying any fees on, or imposing any
other restrictions, such as an administrative permit, on a MEHKO in any residential
dwelling for zoning purposes; and
WHEREAS, existing MEHKO law allows operators to apply to the
Department of Alcoholic Beverage Control for a license to serve alcoholic beverages at
MEHKOs; and
WHEREAS, existing MEHKO law purports to preempt National City's ability
to require a conditional use permit for the sale of alcoholic beverages at MEHKOs; and
WHEREAS, additional fats, oils, and grease ("FOG") are expected to enter
the City's sewer system if MEHKOs are authorized to operate in National City; and
WHEREAS, National City spent $208,483.20 in 2018 to remove FOG from
city sewers; and
WHEREAS, National City is home to approximately 60,000 residents who
reside within 7.3 square land miles, which renders an approximate 8,219 residents per
square mile; and
WHEREAS, National City's high population density would subject the City
to more intense traffic, parking, noise, and waste generation than other cities would
experience under the MEHKO program; and
WHEREAS, establishing a MEHKO program would require the City to
address the acute traffic, parking, noise, and waste generation that MEHKOs would
create by expending additional staff time in nuisance enforcement; and
WHEREAS, additional City nuisance enforcement would place further
burdens on National City's staff resources and strained budget; and
WHEREAS, National City will not receive reimbursement from the State of
California for costs incurred in implementing the MEHKO program; and
WHEREAS, California Health & Safety Code section 114367 permits cities
to prohibit the permitting of MEHKOs within their respective jurisdictions.
Resolution 2019 — 106
Page Two
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby prohibits the permitting of Microenterprise Home Kitchen Operations
(MEHKO) within the City of National City pursuant to Health & Safety Code section
114367.
PASSED and ADOPTED this 18th day of June, 2019,
Alejandra Sotelo`olis, Mayor
ATTEST:
n
Michael R. Da L , City Clerk
APPROVED AS TO FORM:
ngil j ris-Son'es
City " orney
Passed and adopted by the Council of the City of National City, California, on
June 18, 2019 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS
Mayor of the City of National City, California
City Clerk of the City of National City, California
By:
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2019-106 of the City of National City, California, passed and
adopted by the Council of said City on June 18, 2019.
City Clerk of the City of National City, California
By:
Deputy