The purpose of this Chapter is to provide regulations for the establishment, operation, removal, and cleanup Mobile Food Facilities (MFFs) in the Town of Apple Valley, which does not constitute a "land use" of sufficient magnitude or longevity to require permanent land use approval.

This Chapter is intended to establish regulations and procedures for the review of any MFFs proposed within the Town of Apple Valley.

Application for a MFFs permit shall be filed with the Planning Division on a form prescribed by the Community Development Director (Director) and shall contain such information and reports as may be required by the application submittal package or by other applicable ordinances or by the Director in order to review and take action on the application.

A.

Administration. The Director is authorized by the Town Council to administer and enforce the provisions of this Chapter, unless otherwise provided in this Chapter. The Director may designate a representative to act in his/her place.

B.

Interpretation

1.

This Chapter shall be interpreted in a manner which best fulfills the intent of its provisions.

2.

Questions arising from the application of the Chapter shall be interpreted by the Director. If any inconsistency still exists in the interpretation, an appeal application shall be referred to the Planning Commission for its determination.

C.

Appeals

1.

Any decision or determination by the Director may be appealed to the Planning Commission in accordance with the provisions of this Development Code.

2.

Any decision of the Planning Commission may be appealed to the Town Council in accordance with the provisions of this Development Code.

A Mobile Food Facility (MFFs) is a truck-like vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed for public consumption. Catering trucks (from which pre-packaged food is sold) and hot food trucks (on which the food is prepared and then sold) and Ice Cream vehicle's are MFFs.

A.

Permit Required. Except as otherwise provided by the Municipal Code or state or federal law, no person or entity shall advertise, conduct, maintain, operate, or provide admission for any MFFs within the incorporated areas of the Town without possessing an unexpired, unsuspended, and unrevoked MFFs permit from the Community Development Director/or designee.

1.

Zoning compliance decal, business license, and County health permit must be displayed during hours of operation; and

2.

The zoning permit(s) issued for the MFFs vendor's (the annual permit held by vendor and/or the permit held by the owner of the zoning lot) may be revoked if the Director determines the MFFs prepared food vendor's operations are causing parking, traffic congestion, noise, or litter problems either on or on adjacent properties.

B.

Closure If No Permit. A MFFs conducted without the required permit is subject to closure at any time during the business operations. It shall be the responsibility of the applicant to have the permit approval letter on-site during the business hours. The applicant, business owner, and/or landowner may be liable for the costs of the agencies participating in the closure of the business.

The applicant shall supply a site plan application and other related information to the Planning Department may reasonably require based upon the location, intensity, and level of services required for each proposed MFFs. The applicant must show, provide and comply with the following criteria:

1.

Submit a site plan depicting location staging area;

2.

Operate on commercial and industrial property and must have the approval of the property owner and/or designee;

3.

Operate only on the property for which the permit is granted;

4.

Notation of land uses must be depicted on the site plan as well as adjacent properties;

5.

Facility shall be operated within 200 feet travel distance of an approved and readily available toilet and hand washing facility;

6.

One MFFs truck per permit;

7.

Site lighting must be provided for safety purposes and spot lights are not permitted, and lighting must not impact adjacent property owners;

8.

Fire protection, including location of fire hydrants and supplemental water sources;

9.

Medical/first aid facilities to be provided on site;

10.

MFFs vendors shall not operate the vehicle as a drive-in window business;

11.

Only a menu board sign on the vehicle is permitted and no portable or other display signs and similar like advertising are permissible;

12.

No outdoor seating and tables shall be provided on site;

13.

The MFFs must have a Town approved annual sticker visibly displayed prominently on the vehicle;

14.

Any sale of alcohol must have approval from the Alcohol and Beverage Control (ABC);

15.

No MFFs are permitted on a vacant unimproved lot; and

16.

The noise level from the food truck motor and generator must comply with the Town's Noise Ordinance.

17.

Any damaged landscaping shall require immediate restoration;

18.

Additional and reasonable criteria could also be applicable pertaining to any public health and safety issues.

Traffic regulations issues such as operation in parking and congestion.

1.

No ingress/egress shall be blocked or impeded;

2.

No onsite required parking for the existing primary existing use or uses shall be used for the MFFs operation; and

3.

At least five (5) parking spaces adjacent to the MFF must be provided for customers.

1.

MFFs vendors shall provide documentation of San Bernardino County Health Department approval.

2.

Temporary connections to potable water is prohibited.

3.

Grease shall be disposed of in a grease trap at an existing restaurant, commissary or food preparation facility (not disposed in a dumpster or storm drains).

MFFs are permitted to operate in the Town on an annual basis at "construction sites" located in residential, commercial, office professional, and industrial districts. This also includes "ice cream truck routes" located in residential areas.

Applicant(s) must comply with provisions contained in Chapter 9.79.060 (with the exception of conditions 4 and 5) and the applicant must show, provide and comply, with the following criteria for MFFs:

1.

Operate at construction sites within residential, commercial, office professional, and industrial zoning districts;

2.

Ice cream trucks are only permitted in approved routes within residential zoning districts;

3.

Obtain application permit for a Mobile Food Facility;

4.

Operate during normal business hours (24-7 hour operation is not permitted);

5.

Facility must not exceed noise levels permissible within residential, commercial professional office and industrial zoning districts;

6.

One MFF truck per permit;

7.

Medical/first aid facilities to be provide;

8.

Any damaged landscaping shall require immediate restoration;

9.

MFFs vendors shall not operate the vehicle as a drive-in window business;

10.

Only a menu board sign on the vehicle is permitted, and no portable or other display signs and similar like advertising is permissible;

11.

No outdoor seating and tables shall be provided on site;

12.

The MFFs must have a Town approved annual sticker visibly displayed prominently on the vehicle;

13.

Any sale of alcohol must have approval from the Alcohol and Beverage Control (ABC); and

14.

A request to play or broadcast music from ice cream trucks must be in compliance with Development Code noise regulations as permitted within the residential districts.

15.

Additional and reasonable criteria could also be applicable pertaining to any public health and safety issues.

Traffic regulations issues such as operation in parking and congestion.

1.

No ingress/egress shall be blocked or impeded; and

2.

No ice cream truck shall park in the travel lane on any residential street to conduct business.

1.

Fees. All estimated total fees and charges shall be deposited by the applicant with the affected department(s) at least 30 days before the scheduled occurrence of the MFFs.

2.

Bonding and insurance. The applicant may be required to provide sufficient liability insurance naming the Town as an additional named insured. The insurance shall be sufficient to protect, defend, and indemnify the Town, its agents, employees, officers, servants, and volunteers from and against any claim, damage, injury, liability, and loss of any nature arising out of, or in any way connected to, the MFFs. The amount, quality, and type of the insurance shall be determined in compliance with the policy established by the Risk Management Department. The Town may require a bond to be posted before the MFFs to ensure that all conditions are met, including the cleanup and restoration of landscape.

1.

The MFFs vendors shall comply with all local, county and state retail sales tax regulation, including food and beverage tax regulations;

2.

An annual Mobile Food Vehicle and Business License permits shall be obtained from the Town; and

3.

Permitting license can be revoked per violation of the Municipal and Development Codes and other related County health and safety Code issues.

4.

Coordinated complaint response and enforcement of regulations for MFFs truck operations is within the jurisdiction of the County of San Bernardino Division of Environmental Health Services (DEHS) would remain responsible for investigation and resolution of health related issues; The Town is responsible for investigation and resolution of alleged violation of local safety regulations).

1.

Upon receipt of a completed application, site plan, and all related fees, the Department shall review the application for completeness and review the application for approval or denial.

2.

The MFF shall comply with the California Environmental Quality Act (CEQA). A review will determine whether the categorical exemptions in Sections 15301 and 15304 of the CEQA Guidelines are applicable. If the MFF has the potential to cause adverse environmental impacts, an environmental review of the proposed event shall be conducted in compliance with the County Code and CEQA, and an additional environmental review fee will be required.

3.

After an environmental determination has been made, or if one is not required, the Director:

a.

May approve or deny the application; and/or

b.

May refer the application directly to the Planning Commission for consideration.

1.

A permit may be suspended or revoked to protect the public health, safety and welfare, as well as the rights to due process of permit holders per the Community Development Director.

2.

Any decision by the Community Development Director to revoke the permit or to amend the permit can be appealed per Development Code 979.030 C.