The purpose and intent of this Article is to create a streamline administrative permit process allowing mobile food trucks to operate on private property in order to provide entrepreneurial opportunities for small businesses to operate in the City and benefit the community by providing gourmet and fast food services to the City residents, workers, and visitors, and to establish regulations that ensure mobile food trucks are operated in a safe manner and do not create a public nuisance.

(Ord. No. NS-3034, § 4, 12-20-22)

(a)

The provisions of this Article shall apply to all mobile food trucks operating on private property, unless exempted by Section 41-2305(b). Mobile food trucks may operate on City owned property with prior written consent and approval by the City Manager or designee and shall be subject to the provisions of this Article as deemed appropriate by the City Manager or designee.

(b)

The provisions of this Article do not apply to any of the following:

(1)

Mobile food trucks operating in the public right-of-way subject to the provisions of Article XIV (Food Vending Vehicles) of Chapter 36 (Traffic) of the SAMC.

(2)

Mobile food trucks operating in conjunction with any city-sponsored event where the operator of the mobile food truck is operating pursuant to a valid contract with the City.

(3)

Mobile food trucks operating in conjunction with an approved land use certificate and/or special event permit for temporary outdoor activities.

(4)

Mobile food trucks operating in a construction site (site with a valid building or grading permit) or business which does not vend to the general public during the time on the site and does not conduct operations on any single private property for more than forty-five (45) minutes.

(c)

The provisions of this Article are not intended to provide exclusive regulation of the operation of mobile food trucks on private property. Mobile food trucks shall comply with all applicable state and federal laws and all local regulations imposed in other articles of this Chapter and other city ordinances, unless explicitly exempted under this Article. Should a conflict exist between the provisions of this Article and the provisions of other articles of this Chapter, the provisions of this Article shall prevail, unless otherwise determined by the Executive Director of the Planning and Building Agency.

(Ord. No. NS-3034, § 4, 12-20-22)

(a)

No mobile food truck shall operate on private property without obtaining approval of an administrative mobile food truck application and permit as established by the Executive Director of the Planning and Building Agency. Approval of the mobile food truck permit shall be granted only to the business owner/operator of the mobile food truck that holds a valid City business license and a health permit from the County of Orange Health Care Agency.

(b)

An approved permit for a mobile food truck shall be renewed on an annual basis on the anniversary date of the original approved permit. An application for renewal shall be submitted to the Planning and Building Agency no later than sixty (60) days prior to the expiration of the approved permit.

(c)

The business owner/operator of the mobile food truck shall maintain and store a copy of the mobile food truck permit within the mobile food truck and shall present the permit, upon request, to a city police officer, code enforcement officer, or any other person designated by the City to enforce this Article.

(Ord. No. NS-3034, § 4, 12-20-22)

Mobile food trucks may operate on private property, as an ancillary use, that is zoned as mixed use, professional, commercial, or industrial, and all specific development and specific plan areas that have similar zones which allow for similar uses.

(Ord. No. NS-3034, § 4, 12-20-22)

Mobile food trucks may only operate on private property that comply with the following property and location requirements:

(a)

The private property is located along an arterial street, as identified in the Mobility Element of the General Plan.

(b)

The private property is developed in accordance with the development standards of this Chapter for the primary use(s) and the zoning designation of the property. Mobile food trucks may operate on a nonconforming site only if the following conditions are satisfied, as deemed appropriate by the Executive Director of the Planning and Building Agency:

(1)

All signage on the building(s) and site shall be brought into conformity with the requirements of this Chapter;

(2)

Landscaping shall be improved to bring the site closer into compliance with the landscaping requirements of this Chapter;

(3)

Parking areas in poor condition shall be improved and maintained in accordance with Section 41-1304 of this Chapter;

(4)

Bicycle parking shall be provided in accordance with Section 41-1307.1 of this Chapter.

(5)

Building(s) on the site shall be repainted as need; and/or

(6)

A trash enclosure in accordance with this Chapter shall be constructed or rehabilitated if one is already built on site.

(c)

The private property is not a stand-alone parking lot or undeveloped vacant property.

(d)

The private property is not developed as a service or gas station.

(e)

The private property does not contain a legally established eating establishment and/or is not located within three hundred (300) feet, as measured from the outermost boundary of the property, of a lot that contains a legally established eating establishment and which operates during the proposed mobile food truck hours of operation. If an eating establishment is established within this separation requirement subsequent to the mobile food truck being approved, nothing shall prohibit the mobile food truck from continuing to operate at the approved location.

(Ord. No. NS-3034, § 4, 12-20-22)

A minimum lot size of ten thousand (10,000) square feet is required and no more than one (1) mobile food truck per ten thousand (10,000) square feet of lot area or integrated development site area, as defined in Section 41-83.5 of this Chapter, shall be allowed. However, in no event shall more than three (3) mobile food trucks be allowed to operate on a single lot or integrated development site.

(Ord. No. NS-3034, § 4, 12-20-22)

All mobile food trucks operating within private property shall comply with the following operational standards:

(a)

Mobile food trucks shall comply with all applicable federal, state, and local laws, ordinances and regulations including, without limitation, state food labeling and preparation requirements, fire codes and regulations, and Americans with Disabilities Act (ADA) and regulations.

(b)

Mobile food trucks shall not operate before 6:00 p.m. or after 2:00 a.m., including set-up and clean-up. If operating within two hundred (200) feet of a residential zone or property used for residential purposes, the mobile food truck shall not operate after 10:00 p.m. on Sunday through Thursday and 11:59 p.m. on Friday and Saturday.

(c)

Mobile food trucks shall not be parked or stored overnight on the permitted vending site.

(d)

Mobile food trucks shall only be parked and operate from the area approved on the site plan by the Planning and Building Agency.

(e)

Mobile food trucks shall only occupy parking spaces not required to meet the minimum parking requirements of the primary use(s) on the property per Article XV (Off-Street Parking) of this Chapter. This requirement does not apply if the hours of operation for the mobile food truck and primary use(s) do not coincide. However, in no case shall a mobile food truck and its operations occupy more than twenty-five (25) percent of the entire parking area. If multiple mobile food trucks operate on a lot, then no more than fifty (50) percent of the entire parking area shall be occupied.

(f)

The outdoor dining area shall comply with corner and driveway obstruction line-of-sight standards, as modified from time to time.

(g)

A minimum of one (1) permanent and accessible public restroom shall be provided on-site and within fifty (50) feet of the mobile food truck and shall be available for use by the employees and customers of the mobile food truck during all hours of operation. Portable restrooms are prohibited to satisfy this requirement.

(h)

A maximum three hundred fifty (350) square-foot, uncovered seating area, may be provided to serve the patrons of the mobile food truck. The seating area may consist of portable chairs, tables, canopies, and barricades which shall be removed prior to closure of the mobile food truck. The seating area shall be located in an area of the site that does not interfere or obstruct any landscape, parking stalls, driveways and circulation, walkways, or fire lanes and hydrants.

(i)

No part of the mobile food truck operations, including seating and equipment, shall encroach onto the public sidewalk or street. The mobile food truck operator shall manage customer queuing and ensure pedestrian accessibility is maintained.

(j)

At minimum, two (2) waste receptacles shall be provided on-site and adjacent to the mobile food truck during all hours of operations and shall be removed prior to the closure of the mobile food truck.

(k)

Litter generated by the mobile food truck and its patrons, within a fifty (50) foot radius of the mobile food truck, shall be removed prior to the closure of the mobile food truck and disposed at an approved commissary.

(l)

Lighting shall be provided during hours of darkness to ensure customer safety. Lighting shall not create glare and shall be directed downward and away from adjacent properties.

(m)

The mobile food truck and its operations shall at all times comply with the noise provisions pursuant to Section 10-153 of Chapter 10 of the SAMC.

(n)

Mobile food truck operators shall be responsible for controlling smoke and odors caused by the mobile food truck and its operations.

(o)

No signage other than that exhibited on the mobile food truck may be displayed.

(p)

No alcoholic beverages shall be served or sold by the mobile food truck.

(q)

No mobile food truck shall cause or dispose of oil or grease on the lot. Wastewater generated on-site shall not be released on-site or into the storm drainage system.

(r)

The mobile food truck shall be entirely self-sufficient in regards to gas, water, and wastewater. The use of generators (i.e. portable or vehicle mounted) to supply electricity to the mobile food truck and its operations is prohibited. A mobile food truck shall utilize an electrical connection to maintain power. The electrical connection shall be approved by the Planning and Building Agency and shall be installed adjacent to the mobile food truck and in a manner that does not create a public safety hazard.

(Ord. No. NS-3034, § 4, 12-20-22)

(a)

It is unlawful for any property owner, business owner, operator, tenant, or other person in control of property within the city for which the provisions set forth in this Article apply, to operate a mobile food truck without a mobile food truck permit, or to fail to comply with each and every condition of that mobile food truck permit.

(b)

Each and every violation of this Article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the SAMC. Additionally, as a nuisance per se, any violation of this Article shall be subject to injunctive relief, revocation of the mobile food truck permit, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney's fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and state laws for any violations committed by the mobile food truck permittee and persons related or associated with the business.

(c)

When an authorized City of Santa Ana representative finds that any of the provisions of this Article have been violated or that any of the following findings of fact can be made, the Executive Director of the Planning and Building Agency, or its designee, may revoke, suspend, or modify the mobile food truck permit:

(1)

The mobile food truck permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application;

(2)

One (1) or more of the requirements of the mobile food truck permit have not been substantially fulfilled or have been violated;

(3)

The mobile food truck and its operations authorized in compliance with the mobile food truck permit are in violation of any code, law, ordinance, regulation or statute of the city, state or federal government; or

(4)

The mobile food truck and its operations authorized in compliance with the mobile food truck permit have become detrimental to the public convenience, health, interest, safety or welfare, or the manner of operation constitutes or is creating a nuisance.

(d)

No such revocation shall become effective until the mobile food permit holder has been notified in writing by certified mail of the right to appeal the revocation decision pursuant to the provision of Chapter 3 of the SAMC. If a timely appeal is filed, the revocation shall be effective only upon decision of a hearing officer as provided for in Chapter 3 of the SAMC. Otherwise, the revocation shall become effective after the time for appeal has passed.

(e)

A mobile food truck permit shall be terminated if the mobile food truck permit is not renewed pursuant to Section 41-2303 of this Article.

(Ord. No. NS-3034, § 4, 12-20-22)