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Tigard staff brief council on food cart regulations; council declines immediate code changes
Summary
Community development staff reviewed the January code changes and the April 24 open house for food cart entrepreneurs, addressed key issues including SDCs, restroom and FOG (fats/oils/grease) requirements, and reported that the council did not support immediate exemptions or code revisions.
City staff provided a follow-up briefing on Tigard’s food cart regulations, outreach activities and permitting assistance, and the City Council indicated it would not grant exemptions or immediate changes to the rules following the presentation and public feedback.
Assistant Community Development Director Skyler Warren and Community Development Director Kirkman reviewed the history: the city had managed food carts under existing code for years, adopted a consolidated food‑cart chapter by ordinance in January (effective May 23, 2024), and moved some regulation into a dedicated code chapter to clarify requirements and help entrepreneurs obtain land‑use entitlements for carts and pods. Staff held an April 24 open house to explain permitting steps, technical requirements and partner‑agency expectations (including the Washington County Health Department). Invitations went to known cart operators and business groups.
Staff said the open house and follow‑up outreach focused on common concerns: system development charges (SDCs) and how they are calculated and allocated between property owners and operators; Oregon Department of Transportation requirements for carts on ODOT‑controlled frontage; how the pod threshold is applied across properties; restrooms for pods (the Health Department requires permanent restroom access for pods rather than temporary portable facilities); and FOG (fats, oils and grease) management because Clean Water Services’ NPDES permit and the city’s sanitary system require grease control to avoid sewer blockages. Staff said the city cannot grant case‑by‑case exemptions and must apply code equitably.
Several food cart entrepreneurs attended the open house; staff reported they provided interim permitting assistance to some operators and clarified that carts established before the new code could qualify for legal nonconforming status if they meet conditions. Councilors asked follow‑up questions about easing procedural burdens, the timeline for code amendments (staff said legislative changes would take roughly six months because of state notice requirements), and whether temporary restroom access on adjacent parcels might be a solution (staff said defining “adjacent” consistently is challenging).
Councilors expressed appreciation for staff outreach and the public meeting. After discussion, councilors did not support immediate changes to the adopted code. Several members said they would prefer staff continue assistance and education for operators and property owners, with the option to return later with proposed legislative amendments after additional outreach and technical work.
