§ 19.57

The purpose of this Chapter is to establish a permitting and regulatory program for mobile food truck vending in the City. Mobile food trucks are intended to vend at various locations and events and not intended to operate in a permanent location in lieu of a permanent structure. This Chapter shall not apply to sidewalk vending activities, which are subject to the provisions of Chapter 19.55 (Sidewalk Vending Permit).

(Ord. No. 292, § 4(Exh. A), 3-10-2020; Ord. No. 316, § 4(Exh. A), 2-27-2024)

For this Chapter, the definition for "Person" means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common

law trusts, societies, and individuals transacting and carrying on any business in the City. Please refer to Chapter 19.06 (Definitions) of this Code for all other definitions of terms and phrases used in this Chapter. If a term or phrase is not defined in this Code, the most common dictionary definition is presumed to be correct.

(Ord. No. 292, § 4(Exh. A), 3-10-2020; Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Permit Required. No person shall engage in mobile food truck vending within the City without first applying for and receiving a Mobile Food Truck Vending Permit from the Community Development Director, or his or her designee, in accordance with this Chapter, except when:

1.

The mobile food truck is associated with the operation of a City-permitted special event, subject to the conditions thereof.

2.

The mobile food truck is limited to a single mobile food truck located temporarily on private property operating solely for private catering purposes.

B.

Business License Required. No person shall engage in any mobile food truck vending within the City without first applying for and receiving a valid business license issued by the City.

C.

Application Required. An application for a Mobile Food Truck Vendor permit shall be filed with the Community Development Director, or bis or her designee, in a manner approved by the City in accordance with Chapter 19.28.050 (Applications and Fees):

D.

Permit Fees. Each application for a Mobile Food Truck Vending Permit shall be accompanied by an application fee as established by resolution of the City Council. The application and permit are only applicable to the individual(s) named on the application.

a.

A discount of 100 percent shall be applied to the permit fee for the issuance of a permit to the following:

b.

As provided under the California Business and Professions Code, Section 16102: "Every soldier, sailor or Marine of the United States who has received an honorable discharge or a release from active duty under

honorable conditions from such service may peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxicating liquor, without payment of any license, tax or fee whatsoever, whether municipal, county or State, and the board of supervisors shall issue to such soldier, sailor or Marine, without cost, a license therefore."

(Ord. No. 292, § 4(Exh. A), 3-10-2020; Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Within 30 calendar days of receiving a complete application, the Community Development Director may issue a Mobile Food Truck Vending Permit, with appropriate conditions, as provided for herein, if he or she finds based on all the relevant information that:

1.

The vendor has paid all previous administrative fines associated in any way with a previous violation of this Chapter;

2.

The vendor has not had a permit revoked within a 12-month period;

3.

The vendor's application contains all required information;

4.

The vendor has not made a materially false, misleading, or fraudulent statement of fact to the City in the application process;

5.

The vendor has satisfied all the requirements of this Chapter;

6.

The vendor has paid all applicable fees as set by City Council resolution;

7.

The vendor's vehicle and proposed activities conform to the requirements of this Chapter;

8.

The vendor has satisfactorily provided all information requested by the Community Development Director to consider the vendor's application.

B.

A Mobile Food Truck Vending Permit is non-transferable. Any change in ownership or operation of a mobile food truck requires a new permit under this Chapter.

C.

All permits issued under this Chapter, regardless of when issued, expire within one year of the date they were issued.

D.

The permit issued to a successful applicant shall contain the signature of the Community Development Director, or his or her designee, the type of permit issued, the kind of food to be sold there under, the date of issuance and the expiration date.

(Ord. No. 292, § 4(Exh. A), 3-10-2020; Ord. No. 316, § 4(Exh. A), 2-27-2024)

All mobile food truck vendors are subject to the following operating conditions when conducting mobile food truck vending:

A.

The Mobile Food Truck Vending Permit, which is issued as a letter, shall be displayed conspicuously at all times on the food truck.

B.

Mobile food trucks shall not idle vehicle engines more than five minutes during any one-hour time period.

C.

Mobile food truck operators shall be responsible for controlling smoke and odors caused by food preparation.

D.

Mobile food trucks may operate in legal parking spaces located adjacent to Commercial and Industrial Zoning Districts, or in active construction sites, provided they comply with all the following minimum standards and conditions:

1.

Mobile food trucks shall be parked directly adjacent to a sidewalk, free and clear for pedestrian passage, or within a parking lot with adequate pedestrian clearance.

2.

The mobile food truck shall be in full compliance with all parking and vehicle Code provisions which apply to the location at which it is parked, including the maximum allowed parking time limit for the parking space(s) occupied.

3.

The mobile food truck operations shall not obstruct pedestrian or vehicular traffic.

4.

The mobile food truck operator shall not encroach onto a public sidewalk with any part of the vehicle or any other equipment or furniture related to the operation of its business, except for required trash receptacles, provided they maintain a clear four-foot pedestrian walkway.

5.

No mobile food truck operator shall conduct business unless he or she maintains a clearly designated trash receptacle(s) in the immediate vicinity of the vehicle. Such receptacles shall be marked with a sign

requesting use by patrons. Prior to leaving the location, the mobile food truck operator shall pick up, remove and dispose of all trash generated by the mobile food truck operations within 100 feet of the truck. Mobile food truck operators shall not empty their trash into public trashcans.

6.

No mobile food truck shall operate in such a way that would violate provisions of this Code relating to visibility requirements for streets, alleys, driveways, and intersections.

E.

Mobile food trucks may operate on private properties in Commercial and Industrial Zoning Districts pursuant to the following minimum standards and conditions:

1.

Separate trash containers shall be provided on site during all hours of mobile food truck operations. All litter generated within a minimum of a 100-foot radius of the site shall be collected prior to closure of the mobile food truck operations.

2.

A maximum 200-square-foot uncovered seating area may be provided to serve patrons of the mobile food truck. All seating areas shall be removed prior to close of business for the day. The seating shall be located in an area of the site that is not landscaped, reserved, encumbered, or designated to satisfy the off-street parking of a business or activity that is operating at the same time as the mobile food truck, and shall not obstruct any pedestrian or vehicular traffic.

F.

No temporary lighting shall be provided on the site where the mobile food truck is operating, except that localized lighting may be used on or in the mobile food trucks for the purpose of inside food preparation and menu illumination, except as otherwise permitted for a special event.

G.

The conduct of such vending shall not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace. health, safety or general welfare;

H.

The conduct of such vending shall not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the vendor;

I.

The conduct of such vending shall not constitute a fire hazard, and all proper safety precautions will be taken;

J.

The conduct of such vending shall not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City.

(Ord. No. 292, § 4(Exh. A), 3-10-2020; Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Mobile food truck vendors shall comply with all operating conditions, including those conditions set forth in Section 19.57.050.

B.

Mobile food truck vendors shall not engage in any of the following activities:

1.

Selling of adult-oriented material, cannabis, tobacco, or alcohol;

2

Mobile food trucks shall not use any sound amplifier or loudspeaker for the purpose of advertising or attracting attention to the food truck, except for ice cream trucks between the hours of 9:00 a.m. and 8:00 p.m., provided that said amplified sound is turned off during sales.

C.

Mobile food truck vendors shall not engage in mobile food truck vending at the following locations:

1.

No mobile food truck shall operate within 200 feet of a permitted certified farmers' market or swap meet during the limited operating hours of that certified farmers' market or swap meet, unless the food truck is an approved vendor in the market or swap meet.

2.

No mobile food truck shall operate within 200 feet of any off-street mobile food truck event, City-permitted special or reoccurring event. Exceptions to this prohibition are allowed when consent is provided within the special event permit.

3.

No mobile food truck shall operate on public parking spaces on streets rated for 35 MPH or faster.

4.

In residential areas, mobile food truck vending is prohibited, with the exception of ice cream trucks.

(Ord. No. 292, § 4(Exh. A), 3-10-2020; Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

If the Community Development Director refuses to issue a permit pursuant to provisions of this Chapter, the applicant may appeal the refusal to the Planning Commission. If the Planning Commission refuses to issue a permit pursuant to the provisions of this Chapter, the applicant may appeal the refusal to the City Council.

B.

Any appeal of any decision regarding a Mobile Food Truck Vending Permit shall be filed in accordance with Chapter 19.28.120 (Appeals) of this Code.

(Ord. No. 292, § 4(Exh. A), 3-10-2020; Ord. No. 316, § 4(Exh. A), 2-27-2024)

Conduct of any mobile food truck vending by persons not obtaining a permit shall constitute a violation. The first such violation shall constitute an infraction; subsequent violations shall constitute misdemeanors. Response to violations shall be in accordance with Section 19.28.150 (Violations and Enforcement).

(Ord. No. 292, § 4(Exh. A), 3-10-2020Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

A permit issued under this Chapter may be suspended by the City Manager, with right of appeal to the City Council after notice to the permittee and an administrative hearing, in accordance with the procedures outlined in Section 19.28.160 (Revocation or Modification).

B.

Fees for revoked permits are not refunded.

(Ord. No. 292, § 4(Exh. A), 3-10-2020; Ord. No. 316, § 4(Exh. A), 2-27-2024)

Chapter 19.58 - Surface Mining and Land Reclamation Permit