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Long Beach City Zoning Code

CHAPTER 18

FOOD VENDORS

12-18-1: INTENT:

   A.   Provide an opportunity for food vendors in zones where the use would enhance the pedestrian experience and be supportive of the intent and vision of the commercial zone in which it's located.
   B.   Provide regulations for the appropriate siting and design of food vending activities to provide for the compatibility of such use with adjacent retail activities.
   C.   Provide standards that protect the public's health, safety and welfare with operation of these activities.
   D.   Provide standards that protect the aesthetic requirements of the zone in which it's located. (Ord. 1008, 11-21-2022)

12-18-2: DEFINITIONS:

 
FOOD CART:
A small vehicle with wheels but no engine from which is equipped to cook, prepare, serve, sell food. Some sell frozen or prepackaged food; others have on-board kitchens and prepare food from scratch, or they heat up food that was prepared in a brick-and-mortar commercial kitchen. Food carts are to be located onsite each day and removed each evening.
FOOD TRUCK:
A food truck is a large, motorized vehicle or trailer, equipped to cook, prepare, serve, and sell food. Some sell frozen or prepackaged food; others have on-board kitchens and prepare food from scratch, or they heat up food that was prepared in a brick-and-mortar commercial kitchen.
FOOD VENDOR:
Describes either a food truck or food cart.
OUTDOOR FOOD COURT:
Outdoor dining facilities that are associated with and in the immediate vicinity of a permitted group of food trucks that serves food or drinks for on-site consumption. (Ord. 1008, 11-21-2022)
 

12-18-3: LICENSING AND SITE PLAN REVIEW APPLICATION AND APPROVAL REQUIRED:

   A.   All business activities shall meet requirements of section 4-1-2 for City business licensing.
Site plan review approval required:
      1.   No food truck or food cart shall be permitted to operate within the City of Long Beach without first obtaining site plan approval pursuant to the requirements of chapter 12-10.
   B.   Site Plan Review Application: Food trucks, food cart and court applications shall include detailed scale drawings of the location, materials specifications and drawings showing all four (4) sides of the trucks or carts and any logos, printing or signs which will be incorporated. The application shall contain a plan for scheduled hours of operation that includes time of day, days of week, months of the year, and scheduled closings. Written approval of the landowner shall also be submitted at the time of application. The plan will also show distance to adjoining property lines, any appurtenances such as picnic tables, seating areas, garbage cans, Sani cans, screenings and plantings, lighting fixtures and proposed signage locations.
   C.   Site Plan Review Consideration And Decision:
      1.   The City staff shall review each application for consistency with the standards and intent of this chapter.
      2.   Each food truck and food cart shall be placed on private property, so it does not obstruct or impede pedestrian or vehicular traffic. (Ord. 1008, 11-21-2022; amd. Ord. 1036, 8-19-2024)

12-18-4: DESIGN STANDARDS FOR FOOD VENDORS:

   A.   All sides of the food truck must have screening. The non-customer side must be screened from residential view. The use of vegetation for screening is acceptable. At a minimum lattice or a small picket fence is required, surrounding the food truck. All other materials must be approved by the city. The combination of screening and vegetation is also acceptable; any screening must go through design review. Food carts do not require screening.
   B.   The trucks must have water, sewer, and power. The connections will meet the same requirements that the city holds RV hook-ups (each food truck will have a water connection with a ¾" faucet and a 4" sewer connection, along with a power junction box with a breaker). The power must be installed underground. Food carts are self-contained and not required to connect to any utility. Food carts must dispose of trash and grey water as required by State of Washington Codes.
   C.   All signage will be subject to design review. No signage is allowed on public property.
   D.   All lighting must face down and not act as a distraction to drivers. No flashing or moving lighting is permitted. Lantern lights are preferred.
   E.   A canopy, awning or umbrella may be included with the food truck. The canopy, awning or umbrella shall be of vinyl, canvas, or similar durable material. All parts of such umbrella or canopy must have a minimum of eight feet (8') of vertical clearance to the ground. Food carts may use an umbrella with the same requirements as food trucks.
   F.   Each food truck shall provide a minimum of two (2) picnic tables and two (2) garbage cans. Both of which are the sole responsibility of the property owner. The city requires the use of planters throughout the court, each truck should have a minimum of two (2) planters. Food carts shall provide a minimum of one garbage can and are not required to have a planter.
   G.   Each food court must provide a minimum of two (2) sani-cans if public restrooms are not located within one hundred feet (100'). These portable restrooms must be properly screened as described through the design review process.
Food vendors siding materials shall be low maintenance and cleanable, preferably painted or wrapped and of non-corrosive metal, including stainless steel or aluminum. The aesthetics of the food truck must match the city's early seashore theme.
   H.   Each food truck shall be a self-contained unit. Utility service connections shall be required. Electrical service connections are required:
      1.   Main power supply lines are not allowed overhead.
      2.   The outlet location must be placed outside the walkways which are accessible to public and private use.
      3.   Length of electrical hookup must be within fifteen feet (15') of the stand.
      4.   No extension cords will be allowed.
      5.   Each food truck shall require an electrical permit and will require inspection prior to operation. A copy of the permit must be provided to the city.
   I.   Food vendor operations must have a permit from the Pacific County Health Department when required and must comply with all applicable Health Department requirements.
   J.   All persons conducting a food vendor business within the City must keep the site clean and orderly at all times and pick up any refuse or debris and clean up liquid spillage deposited by any person using the business location.
   K.   Support equipment and accessories shall generally be self-contained within the food vendors' stand. Support equipment and accessories must not be placed so as to impede pedestrian or vehicular traffic or distract from the pedestrian experience. (Ord. 1008, 11-21-2022)

12-18-5: SAFETY:

   A.   Noise-making devices designed to attract attention and loud shouting or yelling to attract attention are prohibited, must comply with the city's noise ordinance (chapter 5-5) must comply with all applicable state, county, and city regulations.
   B.   All food trucks shall have fire extinguisher(s) available according to current Uniform Fire Code requirements.
   C.   There must be four (4) external hand sanitizing stations at each food court. Food trucks and food carts must have hand sanitizer available. (Ord. 1008, 11-21-2022)

12-18-6: GENERAL LOCATION STANDARDS:

   A.   Food vendors and maximum food vendors allowed may be located in the following zones:
      1.   Residential Commercial: Two (2) total in the RC Zone (RC - 3rd ST N to Pioneer Rd - generally the first block off of Pacific Hwy, both east and west).
      2.   Commercial: Two (2) total in the C1 Zone (C1 - North of Pioneer generally the first block off of Pacific Hwy, both east and west and 11th ST South to southern city limits, first block off of Pacific Hwy, both east and west).
      3.   Old Town Zone: Twelve (12) total in groups of four (4) at each location. Downtown core - 11th ST S north to 3rd ST N - generally the first block off of Pacific Hwy, both east and west.
      4.   Shoreline Resort And Shoreline Resort Restricted: Two (2) total between both zones. May be in groups or individual. West of 1889 line Sid Snyder to 5th ST SW, 14th to 16th ST NE, 22nd to 23rd NE and 26th to 28th NE.
City of Long Beach zoning map can be accessed at the City's website: www.longbeachwa.gov.
   B.   In determining whether or not the proposed location would be permitted, the following criteria shall be considered:
      1.   The type and intensity of the proposed use and the type and intensity of existing uses.
      2.   The width of the sidewalk, or parking available.
      3.   The proximity and location of existing street furniture.
      4.   Established or proposed pedestrian and vehicular traffic patterns.
   C.   The site and food vendor together shall not create a pedestrian or vehicular traffic hazard.
   D.   The food vendor location shall promote the pedestrian nature of the general area in which it is located. (Ord. 1008, 11-21-2022)

12-18-7: PERMIT LIMITATIONS:

   A.   A food vendor site plan review approval may not be transferred.
   B.   Any permit or approval issued by the City for a food vendor on private property does not affect the permittee's responsibility to secure and maintain a contract or written approval from the property owner. (Ord. 1008, 11-21-2022)

12-18-8: PERMIT REVOCATION:

The City Administrator, Police Chief, or designee may immediately revoke or suspend a permit or deny either the issuance or renewal thereof if City staff finds that:
   A.   The applicant or permittee has violated or failed to meet any of the provisions of this chapter or conditions of the permit;
   B.   The food truck or food cart is detrimental to the surrounding businesses or to the public due to either appearance or condition of the stand;
   C.   Any required licenses have been suspended, revoked or cancelled or violated.
The property owner has withdrawn approval or revoked the contract allowing the use on his or her property.
Upon denial, suspension or revocation, the City Administrator or designee shall notify the applicant or permittee in writing of the action the city has taken and the reasons why the permit is being denied, suspended or revoked. After giving such notice by mail or in person, if the food vendor has not been removed within fifteen (15) days, legal action will be taken according to City Code. The city may cause a removal of any food vendor found in violation of this chapter. The penalty for this section is assessed under section 14-3-3. (Ord. 1008, 11-21-2022)

12-18-9: APPEALS:

Any person aggrieved by a decision of the city may appeal the decision pursuant to the requirements of section 12-10-8. (Ord. 1008, 11-21-2022)