Fowler Municipal Code Ch. 9.217 Mobile Food Trucks

The purpose of this Chapter is to establish regulations for the operation of mobile food truck uses within the City. The intent of the standards is to regulate these uses for compatibility with surrounding uses. For the purposes of this Chapter and any other chapter provided in this Title "food trucks" and "mobile food trucks" shall be used interchangeably, having the same meaning.

(Ord. No. 2024-05, § 3, 12-17-2024)

A. The regulations and standards contained in this Chapter shall apply to those uses expressly identified as subject to this Chapter in the tables of allowed uses and approval requirements contained in Article 3 (Zones) of this Title. The requirements contained within this Chapter relate specifically to the operation of a food truck operating on private property within the City. Private property shall mean any privately owned parcel, or contiguous grouping thereof, exclusive of public right-of-way.

B. Food trucks operating in the public right-of-way are not subject to the requirements of this Chapter but shall comply with all applicable local, County, State, and federal regulations governing such operations, including the California Health and Safety Code, Streets and Highways Code, and California Vehicle Code.

C. Notwithstanding subdivision (B) of this Section, all food trucks operating within the City are still required to obtain and maintain a current business license in accordance with Chapter 1 of Title 3 of the Fowler Municipal Code, and no food truck shall operate within any residential zone except as otherwise provided by the Fowler Zoning Ordinance.

(Ord. No. 2024-05, § 3, 12-17-2024)

A. Conditional Use Permit Required. No food truck shall operate without approval of a Major Conditional Use Permit (Chapter 9.35, Conditional Use Permit) for events lasting thirty (30) or more consecutive days. Additionally, no food truck shall sell alcohol without first obtaining a Conditional Use Permit.

B. Temporary Use Permit Required. The City may issue a Temporary Use Permit (Chapter 9.100, Temporary Use Permit) for a single event lasting no more than two (2) consecutive days per month, up to a maximum of twelve (12) days per calendar year.

C. Exemption for Private Events. Temporary Use Permits and Conditional Use Permits are not required for private events lasting no longer than one day. A "private event" shall mean an event that is not open to the general public, does not charge an entry fee, and which is located entirely within the boundaries of a privately owned property. However, food trucks at private events shall comply with all standards of Section 9.217.040 of this Chapter, except where specifically noted otherwise.

(Ord. No. 2024-05, § 3, 12-17-2024)

A. Operational Requirements.

1. Written authorization of the property owner to operate a food truck on-site shall kept on-site and shall be made available upon request.

2. Mobile food trucks must prominently display a current City business license, Fresno County Department of Public Health permits, and any other required permits or approvals.

3. No vending shall occur between the hours of 10:00 p.m. and 7:00 a.m. Through the required permit process, the Director may require shorter hours of operation or allow longer hours of operation depending on the type of vending and location.

4. Food trucks shall not offer drive-up or drive-through services.

B. Location Standards.

1. Food trucks shall not be located within any required building setback or within the required clear site triangle, impede vehicular and pedestrian circulation, or prevent parking in a space required for the site.

2. No food truck shall locate within three hundred (300) feet of any other food truck during operating hours, unless located on a separate parcel, except that the required permit may allow for groupings of food trucks of a size deemed appropriate by the Director. The desired grouping size and location of food trucks should be requested at the time of application submittal.

3. Food trucks shall not be located on an unimproved surface, as determined by the City Engineer, or on a surface that would cause unsafe conditions during operation.

C. Development Standards.

1. Mobile food truck vendors must provide visible trash and recycling receptacles for use by customers. Trash and recycling receptacles shall be emptied to ensure that capacity remains available during hours of operation.

2. The vendor shall regularly pick up and dispose of all trash and recycling items not contained within the designated receptacles within fifty (50) feet of the food truck operation. Regularly means not less than every one hour. For vendors that operate less than one hour at a location, the vendor shall pick up and dispose of all trash and recycling items prior to leaving the location.

3. Lighting of the mobile food truck and surrounding area shall be provided in accordance with Chapter 9.170 (Outdoor Lighting Standards). This requirement shall not apply to private events.

4. Food trucks shall provide one (1) parking space for each two hundred (200) square feet of operational area, inclusive of the food truck and any seating area serving the food truck. This requirement shall not apply to private events.

(Ord. No. 2024-05, § 3, 12-17-2024)