Chapter 6.70
MOBILE VENDING PRIVATE PROPERTY LOCATIONS
Sections:
6.70.060 Permit issuance and denial.
6.70.070 Term and revocation of permit.
6.70.080 Mobile vending operations on private property.
6.70.010 Purpose.
This chapter establishes a pilot program to allow for vending from a mobile food facility on private property. The pilot program is subject to regulations to protect the health and safety of the community. Regulating mobile food facilities will ensure the safe circulation of pedestrians, bicycles and vehicles and mitigate potential nuisances. (Ord. 1127 § 6)
6.70.030 Definitions.
Terms used in this chapter shall have the same meaning as defined in SLTCC 4.35.010.
“Restaurant” means a legal establishment where food is prepared, sold and served to the public and provides customer dining seating. A restaurant does not include an establishment selling only prepackaged food, a grocery store (even when prepared food is sold), a church, school or cafeteria, or an establishment selling only beverages. (Ord. 1127 § 6)
6.70.040 Permit required.
It is unlawful for a person to operate, vend, or conduct business from a mobile food facility on private property without a mobile vendor permit and a mobile vending location permit. No more than six mobile vending location permits shall be issued during the pilot program period. (Ord. 1127 § 6)
6.70.050 Applications.
A. Applications for the operation of mobile food facilities on private property (mobile vending location permit) may be made to the city development services director or his or her designee. The application shall include the following information:
1. The address and assessor’s parcel number of the parcel where the mobile vending location is proposed;
2. Name, address, phone number and email address of the applicant and property owner. Include authorization for representation if applicable;
3. Description of the private property of the proposed mobile vending location, including existing uses, floor area dedicated to each use, existing use hours of operation, existing vehicle ingress/egress locations, number of legally existing parking spaces;
4. Explicit written permission from the property owner for mobile vending activities to occur on site;
5. Description of the proposed mobile vending location operations including:
a. Proposed number of mobile vendor spots;
b. Proposed mobile vending days and hours;
c. Nature of the proposed mobile vending location (i.e., existing pavement, existing unrequired parking space, distance from driveways and vehicle travelways, existing lighting, etc.);
d. Refuse management plan;
e. Circulation management plan;
f. Restroom access for employees and patrons of mobile vendors;
6. A site plan showing:
a. All property lines with dimensions;
b. Adjacent street names;
c. Driveways and parking spaces;
d. Building locations;
e. Existing outdoor use areas (dining, storage, etc.);
f. Walkways;
g. Other on-site structures and facilities;
h. Proposed mobile food facility parking location(s) and dimensions of the area. A maximum of three locations may be included for each parcel.
B. Application shall be accompanied by a nonrefundable application fee as established by city council resolution or adopted master fee schedule. (Ord. 1127 § 6)
6.70.060 Permit issuance and denial.
A. The development services director or his or her designee may impose conditions on the mobile vending location permit relating to public health, safety, and welfare. The conditions may include, but are not limited to, regulations on the time of operations, security measures, sanitation, restrooms, and lighting.
B. The development services director may deny a permit on any of the following grounds:
1. The information submitted in the application for the property permit is materially false or incomplete;
2. The parcel of the proposed mobile vending location is within 200 feet of the primary public entrance to a legally existing restaurant without permission from the restaurant owner and associated property owner;
3. The owner of the property where mobile vending is proposed has not provided explicit permission for mobile vending to occur on the property;
4. “Eating and drinking places” is not a permissible land use in the proposed location as specified in the applicable plan area statement, community plan or area plan;
5. A commercial, public service or tourist accommodation primary use does not exist on the parcel that mobile vending is proposed;
6. The parcel where mobile vending is proposed is not compliant with the number of legal parking spaces required by Article VII, Division 3 of Chapter 6.10 SLTCC;
7. The proposed mobile food facility parking location is not on a legally paved surface or cannot be accessed by a legally paved surface;
8. Restrooms associated with existing on-site land uses will not be made available to employees and customers of the mobile food facility during mobile vending activities;
9. The operation of a mobile food facility on the subject property would be a violation of this code;
10. The operation of food vending vehicles on the subject property, in the development services director’s discretion, would likely cause a public safety problem, create a public nuisance, or would otherwise be contrary to the public interest;
11. The applicant or any owner of the private property has unpaid administrative penalties imposed pursuant to SLTCC 6.70.090 for the violation of provisions of this chapter; or
12. Within 12 months of the date of application, the applicant or any owner of the private property has had a mobile vending location permit revoked.
C. The development services director’s decision to issue or deny a mobile vending location permit may be appealed in accordance with Chapter 2.35 SLTCC. (Ord. 1127 § 6)
6.70.070 Term and revocation of permit.
A. Mobile vending permits shall remain valid except under the following circumstances:
1. This chapter is repealed or modified in a manner that requires reapplication;
2. The existing use(s) on the parcel supporting mobile vending activities cease(s) to operate;
3. Modifications to the property are made that create conditions that would have been grounds for denial of the permit application;
4. Three citations for violations associated with mobile vending activities on the property have been issued pursuant to SLTCC 6.70.090 within a 12-month period.
B. If any conditions stated above occur, causing the mobile vending location permit to no longer be valid, the development services director shall notify the applicant and property owner of the permit revocation.
C. Appeals of a decision by the development services director to revoke a mobile vending location permit may be made pursuant to Chapter 2.35 SLTCC. (Ord. 1127 § 6)
6.70.080 Mobile vending operations on private property.
A. The following operational requirements apply to mobile food facilities operating on private property under a mobile vending location permit:
1. Mobile food facility operator shall have a copy of the mobile vendor permit and operator’s license displayed in the mobile food facility at all times while engaged in vending activities;
2. Mobile vending activities may only occur between the hours of 7:00 a.m. and 2:00 a.m.;
3. Mobile vending activities may only occur for a duration of six hours within a 24-hour period;
4. Refuse and recycling receptacles (where applicable) in the vicinity of the mobile food facility shall be provided for customer use. The property on which mobile vending activities occur shall be kept clean and free of debris or refuse;
5. Mobile food facility shall be kept clean, well maintained, and free of conditions declared as nuisances in Chapter 4.40 SLTCC;
6. Signage other than advertising on the mobile food facility and legally existing property signage compliant with Chapter 6.40 SLTCC is prohibited;
7. Additional customer seating is prohibited. Legally existing seating areas associated with on-site uses may be used to accommodate customer seating;
8. Amplified music, honking, yelling, or other sound used for attracting attention is prohibited;
9. Activities associated with mobile food facilities may not occur within parking spaces required for on-site uses;
10. Mobile food facilities may only park in approved areas as indicated by a mobile vending location permit;
11. Mobile vending operations may not impede vehicle or pedestrian ingress/egress or circulation or create safety hazard;
12. On-site lighting shall be provided for safety during nighttime operations. All lighting shall be directed downward, shielded from up lighting and cannot spill on to adjacent properties;
13. All activities associated with a mobile food facility must be maintained on site, including queuing of customers;
14. Restrooms provided by existing uses on site shall be available for mobile food facility employees and customers while mobile vending activities occur;
15. Mobile food facilities that include a power generator may only use a generator designed to operate with noise levels less than 65 dB(A) rated load as tested in accordance with ISO 9614-2 as shown on generator specifications. (Ord. 1127 § 6; Ord. 1141 § 3)
6.70.090 Violations.
Any use or condition caused or permitted to exist in violation of any provision of this chapter shall be and hereby is declared a public nuisance and may be subject to administrative citations as set forth in Chapter 2.30 SLTCC, summary abatement pursuant to Chapter 4.40 SLTCC or Section 731 of the California Code of Civil Procedure, permit revocation pursuant to SLTCC 6.70.070, or any other remedy available to the city. (Ord. 1127 § 6)