Colfax Municipal Code Ch. 17.144 Food Service Facility

This chapter establishes the requirements and standards for the location and operation of a food service facility, which is defined as a facility or use where food is served on-site on a not-for-profit basis (see subsection 17.064.070K.2.).

(Ord. No. 519, 8-8-2012)

A. Permit Required. No person or entity shall operate or maintain a food service facility without first obtaining a permit. An administrative permit will be issued pursuant to this chapter if the standards in this section are met.

B. Location. The food service facility may be located only in commercial or industrial zones pursuant to Article III.

C. Distance Separation Requirements. A conditional use permit shall be required of any food service facility to be located within five hundred (500) feet of any preschool, elementary school, middle school, high school, or any zone where food service facilities are not permitted. The food service facility shall be located no closer than one thousand (1,000) feet from any other food distribution or social service facility as defined in subsections 17.64.070K.1. and 17.64.070K.3. of this title, unless the facility is located within the same building or on the same lot.

D. Occupancy. The food service facility shall serve no more than twelve (12) persons per day, unless such facility has first obtained a conditional use permit.

E. Development Standards. The food service facility shall comply with the general development standards as set forth under Articles III and IV. The facility shall provide one parking space for every staff person and one parking space for every four seats within the facility.

F. Business Practices. The food service facility must comply with the following business practices:

1. All food preparation, service, consumption and related activities shall occur inside the structure and comply with applicable health and safety code requirements.

2. There shall be adequate waiting space inside the food service facility such that any person waiting for food service is not required to wait on the sidewalk or any other public right-of-way.

3. Restroom(s) shall be permanent, non-portable, inside the structure and consistent with all applicable requirements of the building and fire standards of Title 16 of this Code.

4. Trash receptacles and enclosures shall be provided and made secure to the satisfaction of the solid waste division of the environment utilities department.

5. The facility shall provide lighting sufficient to ensure public safety.

6. Occupancy standards of the building and fire standards of Title 16 of this code shall be posted and complied with. The facility shall comply with all applicable California Code of Regulations Title 24 requirements.

7. Food service shall be limited to the hours between six a.m. and nine p.m.

G. When Conditional Use Permit Required. If a food service facility does not meet the standards as set forth in this section, such facility shall be required to obtain a conditional use permit in accordance with Chapter 17.32. If a food service facility is combined with any other social service facility on the same lot, such facility shall be required to obtain a conditional use permit in accordance with Chapter 17.32.

H. Conditions of Approval; Findings. In review of an application for a conditional use permit for a food service facility, the planning commission shall review the requirements of this section and may approve reasonable deviations from the requirements of this section and may place additional conditions consistent with protecting the public health, safety, and welfare. The planning commission shall make a specific finding that such deviations and/or additional conditions protect the public health, safety and welfare. The planning commission shall make a specific finding that such deviations and/or additional conditions are consistent with the requirements of all applicable zoning and developmental standards. There shall be no deviations from the requirements of subsection 17.144.020B.

(Ord. No. 519, 8-8-2012)

Any food service facility shall be maintained in a safe and clean manner and free from refuse or discarded goods.

(Ord. No. 519, 8-8-2012)

If any food service facility ceases operation for a period of six consecutive months, any permit issued pursuant to this chapter shall automatically lapse and be deemed null and void, unless the permit provides otherwise.

(Ord. No. 519, 8-8-2012)

A. A food service facility lawfully in existence prior to the effective date of this chapter may continue to operate as a nonconforming use. Nonconforming uses must still adhere to applicable health and safety regulations.

B. Closure or cessation of a nonconforming use for a period of six consecutive months shall terminate its legal nonconforming status, and any person or entity who intends to resume operations of the nonconforming use must first obtain a permit as required under this chapter.

C. Any alteration or expansion of the nonconforming use involving more than ten (10) percent of its floor space shall subject the nonconforming use to the requirements of this chapter and the appropriate permit must be obtained prior to alteration or expansion.

(Ord. No. 519, 8-8-2012)