County of San Bernardino Board of Supervisors Give Staff Direction on Hot Food Trucks.

By Michael Reiter, Attorney at Law.

According to the newspaper (for when the link vanishes, San Bernardino Sun (online), “Food truck rules eased” by Joe Nelson, posted 8/9/2011 at 06:35:42 PDT, accessed 8/10/2011), the Board of Supervisors chose option 2:

In general, three options identified relative to the County’s regulation of hot food truck operations
in the County are outlined below followed by detailed descriptions, impacts and summaries for
each option:
1. Maintain the existing County health and safety ordinance and prohibition of hot food trucks
except when operating as a temporary food facility at an approved community event.
2. Amend the existing County health and safety ordinance to establish a new category of
“hot foot truck events.”
3. Amend the existing County health and safety ordinance to permit hot food trucks to
operate throughout the County.

Staff will bring back an ordinance for the Supervisors to vote on.  Stay tuned.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

A: 1255 W. Colton Ave., Suite 104
Redlands, CA 92374
T: (909) 708-6055

County of San Bernardino To Consider Allowing Mobile Gourmet (or at least Hot) Food Trucks At August 9, 2011 Board of Supervisors Meeting

By Michael Reiter, Attorney at Law.

The Board of Supervisors, at their August 9, 2011 meeting, have an agenda item regarding allowing food trucks.   This is a follow-up on Supervisor Janice Rutherford’s call regarding food trucks.  There will be a staff report at the meeting with a request for direction by the Board of Supervisors.  If you want to be heard on this issue, now is the time to do so, by calling your Supervisor (or at least a Supervisor), or by sending electronic mail, or attending the meeting and speaking on the agenda item.

The staff report suggests these possible actions by the County of San Bernardino and seeks the Board’s direction on the issue:

 

In general, three options identified relative to the County’s regulation of hot food truck operations
in the County are outlined below followed by detailed descriptions, impacts and summaries for
each option:
1. Maintain the existing County health and safety ordinance and prohibition of hot food trucks
except when operating as a temporary food facility at an approved community event.
2. Amend the existing County health and safety ordinance to establish a new category of
“hot foot truck events.”
3. Amend the existing County health and safety ordinance to permit hot food trucks to
operate throughout the County.

 

The report acknowledges that San Bernardino and Riverside are believed to be the only California counties that prohibit mobile food trucks.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

A: 300 E. State St. Suite 517

     Redlands CA 92373-5235
T: (909) 708-6055

 

Front Yard Fruit Stands in Redlands, California

By Michael Reiter, Attorney at Law

I am a native of the Inland Empire and some of my earliest memories are of Redlands, from the San Bernardino County Museum, to field trips to Kimberly Crest, and attending meetings in the Assembly Room of the A.K. Smiley Public Library.  I learned much more about Redlands as Assistant City Attorney from January 2006 to June 2010. My office as a private attorney is in Redlands.

You can’t really know a city until you have walked its streets, particularly its residential areas.  One of the perksof street level exploration of a city (other than noticing the infrastructure) is finding little gems.  One of the things that gives Redlands its character  is its history in agriculture, not just being the Washington Navel Orange capital of the world, but appreciating the still-large amount of active agriculture.  In addition to active agriculture, there are backyard remnants of groves and other fruit trees.  If you drive around Redlands, you can find many front yard fruit stands.  You can find a story on this phenomenon in the Press-Enterprise article published on March 5, 2010 titled “Citrus Sales are part of the tradition of Redlands, nothing beats fresh” by Jan Sears and Darrell R. Santschi.  As of the writing of this post, it is available online.  I am not going to link to it because newspaper links break very easily.

For example pomegranates grow very well in Redlands.  And even though they are very expensive in supermarkets, you can pick them up at some front yard fruit stands.
I know of no guide to these fruit stands.  As I discover their exact location, I will post their block location and produce.  I do not want to give exact locations, because the people providing the service are doing a great the public a favor, and if the Press-Enterprise story is any indication, running the stands is a hassle.  If anyone with a stand wants to make a comment, or grant me permission to put an exact location, I will publish it below.  If anyone does not want to be included, let me know as well.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

A: 300 E. State St. #517 Redlands CA 92373-5235
T: (909) 708-6055

Is Devore in the City of San Bernardino? Or, how to find if San Bernardino County land is incorporated or unicorporated?

By Michael Reiter, Attorney at Law

One of the highest keyword requests regarding the search term “San Bernardino” is finding out what geographic locations are included in a particular jurisdiction. One such search is “Is Devore in the City of San Bernardino?”   Why would someone want to know if a particular place is in a certain jurisdiction?  Here are some reasons:

1. The amount of taxes.  Different locations in California can have different sales tax rates.  At this moment, the City of San Bernardino’s sales tax rate is 9%.  The City of Redlands’ rate is 8.75%  Similarly,the amount of transient occupancy tax.  This is sometimes called a “bed” tax, the amount a hotel or motel collects based on the lodging’s nightly rate.   There are often different rates between cities, and between incorporated areas and unincorporated areas.

2. Liability.  If someone tripped and fell on a sidewalk, or hit a pothole, that person would need to know which entity to file a government claim with, and should the claim be rejected, against which entity to sue in court.  Of course, sometimes it does not involve a government entity, and sometimes it involves more than one entity, so knowing where the public property is located is only part of the inquiry.  Government Code section 835 (discussed briefly here) requires ownership or control of the property.  Just because property is within an entity does not mean it belongs to the city or county.  It could belong to private entities or to another public agency, like a school district, a flood control district, a water agency, or a combination of agencies and private ownership.  When I was a Deputy City Attorney for the City of San Bernardino, I had a case where the location, according to conventional maps, was right on the border of the City of Highland and the City of San Bernardino.  When I was the Assistant City Attorney for the City of Redlands, I had a case that involved a City easement on Redlands Unified School District property, adjacent to private agricultural land.

3. Voting.  Obviously, someone cannot vote if they are not with the corporate limits of the municipality.

4. Business Licenses.

5. Which set of local laws apply.  This is important for land use, zoning and code enforcement law.

So, how do we find out if Devore is within the City of San Bernardino or unincorporated County of San Bernardino.   One good way used to be the website of the Local Agency Formation Commission of San Bernardino, commonly abbreviated as LAFCO (and pronounced Laugh Co).  LAFCOs are county-wide organizations governed by the Cortese-Knox-Hertzberg Local Government Act of 2000, found at Government Code section 56000, et seq.  However, LAFCO’s maps are currently unavailable as of this writing.  San Bernardino County LAFCO can tell you the jurisdiction or jurisdictions of a particular place.  An interested party can call them, or if you need a map, make a California Public Records Act request.  If an interested party makes a Public Records Act request, they should ask for a record.  Such as, “a map that shows the jurisdictional boundaries of x location.”  Remember, the California Public Records Act is for records, not for general information.  Agencies do not have to answer questions, though sometimes it is easier to do so and they will do so in lieu of producing a record.

That means that someone can try to find out by looking in the City of San Bernardino’s website, and the County of San Bernardino’s website.   On the City of San Bernardino’s website, we find the Ward map, which shows the current division of the City for each council member.   Devore is generally thought of being where the 215 and the 15 meet.  You can see on the Ward map that location is not in the City of San Bernardino.  If we are to believe Google Maps, which is far from determinative, it shows the shaded northwest border of the City of San Bernardino  a few parcels away from  Devore Road.

What about the County of San Bernardino?  The County has a Geographical Information Services (GIS) component to its Information Services Department.  I know I have used their mapping applications in the past, but they do not appear to be online at this time.

The short answer is, from my experience as a Deputy City Attorney in the San Bernardino City Attorney’s Office, from having gone to public school with people from Devore, and as a matter of common knowledge, Devore is in unincorporated San Bernardino County.

Copyright 2011 Michael Reiter, Attorney at Law

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

 

A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708

 

How to file a fictitious business name statement in California’s Riverside County and San Bernardino County

By Michael Reiter, Attorney at Law

One of the most popular searches right now is people trying to figure out how to file  a fictitious business name statement in California.  California Business and Professions Code section 17910 requires every person who regularly transacts business in the State of California to do all of the following:

1) File a fictitious business name statement within forty days of commencement of transacting business (California  Business and Professions Code section 17910(a));

2) File a new statement after any change in facts (California  Business and Professions Code section 17910(b)); and

3) File a new statement when refiling a fictitious business statement (California  Business and Professions Code section 17910(c)).

First, what is a fictitious business name?  It is sometimes called a “dba” or “DBA” which stands for “doing business as.”   For example, business entities are sometimes named something consumer unfriendly, such as XYZ Corporation.  To do business with the public, XYZ Corporation adopts the fictitious business name of Joe’s Hot Dog Stand.  They are “doing business as”  Joe’s Hot Dog Stand.  Here’s an example from the San Bernardino County fictitious business name records search page.   Last year, I purchased printing for my firm at Citrograph Printing Company in downtown Redlands.  But that’s not the legal entity that owns the business.  If you search the records, you find that Citrograph Printing Company is the DBA or fictitious business name of Citrograph, LLC.

What is the purpose of a fictitious business name statements in California?  One Court of Appeal said that the purpose is “is designed to make available to the public, and especially to creditors, the identities of persons who are doing business under fictitious names for the purpose of benefiting creditors”  J&J Builders Supply v. Caffin (1967) 248 Cal.App.2d 292, 295.  The advantage of using a fictitious business name for a business is that it lets you have a different name for the legal entity from the name of the business.  The advantage of the statutory scheme found in the California Business and Professions Code is it protects the public.  Fictitious business names do not create a separate legal entity.  Meller & Snyder v. R&T Properties, Inc. (1998) 62 Cal.App.4th 1303, 1311.

Putting aside who must file a statement, how do you file a statement in San Bernardino County and Riverside County?

In San Bernardino County, the place is the San Bernardino County Recorder-Clerk, specifically with the San Bernardino County Clerk.  The form can be found online here.  The San Bernardino County Recorder-Clerk is physically located at 222 W. Hospitality Lane, 1st Floor San Bernardino CA 92415-0022.   There is also a High Desert Office.  High Desert Government Center, 15900 Smoke Tree Street, Hesperia, CA 92345.  The website itself says that you should mail the application in with fees, but it is always better to do it in person, if possible, because you can get a stamped, filed copy.   After filing, you have to publish in accordance with California law.  As it says on the back of the form:

“Within 30 days after the fictitious business name statement has been filed with the county clerk, the statement must be published in a newspaper of general circulation in the county where the fictitious business name statement is filed. The newspaper selected should be one that circulates in the area where the business is to be conducted. The statement must be published once a week for four successive weeks with at least five days between each date of publication. An affidavit of publication must be filed with the county clerk where the fictitious business name statement was filed within 30 days after the completion of the publication. If a refiling is required because the prior statement has expired, the refiling need not be published unless there has been a change in the information required in the expired statement, provided the refiling is filed within 40 days of the date the statement expired.”

South of the San Bernardino County line in Riverside County, you file the statement with the Riverside County Assessor-County Clerk-Recorder, and more specifically the Riverside County Clerk.  According to this web page, you can file in person, by mail, or with the help of a the newspaper you are publishing in.  The Riverside County website states that the County Clerk has locations in Riverside (two), Temecula, Blythe, Hemet and Indio.

Copyright 2011 Michael Reiter, Attorney at Law

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

 

A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708

Where to find San Bernardino County and Riverside County Municipal Codes

Most cities, towns and counties in California codify their ordinances in municipal codes.  Codes are organized versions of ordinances passed by the legislative body of the local agency (such as City Council in incorporated cities, Boards of Supervisors in Counties).  They make it easier to find a particular law and make it easier to give a citation to a particular section.  Cities and Counties often organize their codes into Titles, Chapters and Sections. You will often find that the general scheme of municipal codes are similar.  For example, many local cities entitle Title 6 “Animals.”  Some ordinance are not codified at all, and some local agencies do not codify their ordinances.  Some agencies separately codify their zoning ordinances

Where do you find local San Bernardino County and Riverside County Municipal Codes for cities like San Bernardino, Riverside and Ontario as well as the County of San Bernardino and the County of Riverside?  The official copy is kept by each City Clerk or Clerk of the Board.  Copies of the official code can be found in local libraries, and law libraries.  Interested persons should rely on the original ordinance if possible, then the printed copy, and make sure the copy of the municipal code is current.

However, there are online versions available of local municipal codes.  When I was an Assistant City Attorney and a Deputy City Attorney, I sometimes found errors or omissions in online codes (and even in printed codes).  When in doubt, get a copy of the written code, or check the original, uncodified ordinance.

County of San Bernardino Code

County of Riverside Code

Here are the codes of the five largest cities in each county:

Riverside County

City of Riverside

City of Moreno Valley

City of Temecula

City of Corona

City of Murrieta

San Bernardino County

City of San Bernardino

City of Fontana

City of Ontario

City of Rancho Cucamonga

City of Victorville

 

Copyright 2011 Michael Reiter, Attorney at Law

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

 

A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708

Growing and selling crops and agricultural products in Inland Empire Cities

By Michael Reiter, Attorney at Law

The San Francisco Chronicle has a story today on page A-1 about a property owner who has a pocket farm in Oakland.  The City of Oakland says that she needs a Conditional Use Permit to continue to sell her produce and livestock-derived food.  According to the same article, the City and County of San Francisco has already created new ordinances to deal with the urban farming trend in the Bay Area.

The Inland Empire has a rich history of agriculture, and unlike Oakland, still has agriculture.  According to the California Department of Agriculture,  of California’s 58 counties,   Riverside County was the 12th largest farm county in California in  2007, slipping to 13th in 2008.  Riverside’s crops were valued at $1,268,590,000.  The leading commodities for Riverside County in 2008 were nursery stock, milk, eggs, table grapes and hay.  San Bernardino County was the 17th largest farm county in California in 2007, slipping to 20th in 2008.  That probably is largely due to the dairies leaving Chino and South Ontario.  San Bernardino County’s crops were valued at $547,158,000 in 2008.  The leading commodities that year were milk, eggs, cattle and calves, replacement heifers and trees and shrubs.

By 2009, San Bernardino County had fallen to 25th out of  58 counties, with total production down to $355,379,000, with alfalfa becoming a top crop.  The march of urbanization made a significant dent in just two years.  The recession was probably the only thing preventing more losses.  Much prime agricultural land has been converted into housing.

When I was Assistant City Attorney for the City of Redlands, there was still significant agriculture in the City.  Some parts of the City and areas within the City’s sphere of influence were zoned agricultural.  In the A-1 Agricultural zone (one of a number of zones where agriculture is allowed by right) in Redlands, allows agricultural  uses  (only part of the section is quoted below, as shown by the ellipses):

“Apiaries, provided that no hives or boxes housing bees are kept closer than three hundred feet (300′) from any dwelling other than that occupied by the owner of the apiary;

Farms or ranches for the grazing, breeding or raising of not more than two (2) horses, cattle, goats or sheep per acre. . . .

Orchards, groves, nurseries, the raising of field crops, tree crops, berry crops, bush crops, truck gardening and commercial flower growing;. . . The sale of fruit, vegetables, produce, flowers and other similar products grown on the property; provided, however, that roadside stands used for such sales shall not exceed five hundred (500) square feet.”   Redlands Municipal Code section 18.20.030.  Other zones allow produce stands, either explicitly, or by reference to other zones.

In San Bernardino, where I was a Deputy City Attorney, there are only remnants of agriculture.   If you have a fast connection, or some spare time, you can find San Bernardino’s zoning map.  According to the City of San Bernadino’s Development Code, San Bernardino Municipal Code section 19.08.o20, agricultural production-crops, is allowed, subject to a development permit in the IH (Industrial Heavy) and IE (Industrial Extractive) zones.  Like the City of Oakland, agricultural uses are allowed in almost every residential zone in San Bernardino (except RSH, Residential Student Housing) with a Conditional Use Permit.  San Bernardino Municipal Code section 19.04.020.  “Agriculture” is defined as the ” use of land for farming, dairying, pasteurizing and grazing, horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, and accessory activities, including, but not limited to storage, harvesting, feeding or maintenance of equipment excluding stockyards, slaughtering or commercial food processing.”  San Bernardino Municipal Code section 19.02.050.   It is not immediately clear if that includes a produce stand.  That would probably be subject to the development permit or conditional use permit process.

The common sense advice is to check with your city, or if you are in an unincorporated area, Riverside or San Bernardino County before you start your mini-farm.  Also, there are other issues out there, such as legal non-conforming uses, non-zoning issues such as the keeping of animals, the need for a business registration certificate or a business license if you’re selling your produce or animal products, the possibility of County Health inspections and permits.  As with anything, you should get legal advice before starting instead of  facing a citation or a lawsuit alleging nuisance.  If you find yourself in trouble, find an attorney versed in land use or code enforcement, or both, depending on your situation.

Update 4/22/2011  The Mayor and Common Council had this agenda item on the 4/18/2011 meeting agenda.   According to the summary, the matter was sent to the Legislative Review Committee to review the proposal to allow food carts, coffee carts and vegetable stands.

Update 5/14/2012  The City of San Bernardino Mayor and Common Council passed MC-1363 in August 2011, changing the transient vendor ordinance 5.04.495, to have an exception to allow food carts as allowed by the Development Code, 19.70.060(1) which says “food carts and produce stands may be permitted for one year initially, and renewed annually, subject to verification of compliance with conditions of approval and County permit requirements, as applicable.”  19.70.020(11) states that temporary uses, subject to a Temporary Use Permit, including  “Food carts, operated at fixed, pre-approved locations, in the Main Street Overlay District, at least 500 feet away from any restaurant and under current permits from the County Environmental Health Services Division.”  SBDC section 19.70.020(12) also allows produce stands in community gardens.

 

Copyright 2011 Michael Reiter, Attorney at Law

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

 

A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708