A.

It is the intent of the board of supervisors of the County of Tehama to adopt this chapter to provide regulation for the operation of mobile food vendors on private property throughout the unincorporated areas of the county.

B.

The provisions of this chapter are intended to permit food preparation and sales from a motorized vehicle or trailer in commercial and industrial zones, subject to the conditions set forth herein.

(Ord. No. 1996, § 1, 12-16-2014)

A.

Mobile food vending unit: Any motorized vehicle or trailer used for purposes of vending prepared food on private property, for consumption either on or off premises.

B.

Mobile food vendor: Any owner or other person(s) operating a mobile food vending unit for purposes of vending prepared food on private property, for consumption either on or off premises.

C.

Mobile food vending: The act of any owner or other person(s) using a mobile food vending unit to engage in the business of selling, exhibiting for sale, or taking orders from consumers on private property for any type of prepared food product.

(Ord. No. 1996, § 1, 12-16-2014)

A.

The provisions of this ordinance shall apply to mobile food vending units that remain upon any single premises for more than one hour in any twenty-four-hour period.

B.

No mobile food vendor may operate in Tehama County on private property without a valid use permit issued in accordance with Chapter 17.70 of this Code.

C.

Mobile food vending shall not be permitted upon any premises within the unincorporated area of Tehama County unless the premises also contains a permitted commercial or industrial use. For purposes of this subdivision, "permitted commercial or industrial use" shall mean actual commercial or industrial use of the premises for which a final certificate of occupancy in the appropriate classification has been issued in accordance with Title 15 of the Tehama County Code. Mobile food vending shall not be conducted on any vacant unimproved premises.

D.

Mobile food vending may be permitted within C1, C2, C3, C4, M1, M2, and PO zoning districts throughout unincorporated areas of Tehama County only upon securing a use permit issued in accordance with Chapter 17.70 of this Code.

E.

Mobile food vending may also be permitted as part of a special event permit issued in accordance with Chapter 13.12.

(Ord. No. 1996, § 1, 12-16-2014)

Any person owning real property, or a vendee of that person pursuant to a contract, must file an application for issuance of a mobile food vending use permit. The application shall be submitted to the planning department on a county form approved by the director of planning. An application shall be deemed complete by the department when it contains the following:

A.

All application materials generally contained in the submittal requirements as required in subsections 17.70.020(A)—(D). Incomplete applications will not be accepted.

B.

Applicant shall submit written permission of the land owner and lessee (if applicable) to operate a mobile food vending unit on their property. Applicant shall provide a preliminary title report identifying the current landowner and lessee.

C.

Applicant shall provide a plot plan of the intended location of the operation, and location of storage of the mobile food unit.

1)

Signage intended for the purpose of advertisement pertaining directly to the vending unit shall be located directly adjacent to the site and shall not interrupt vehicle or pedestrian circulation patterns of any kind. All signage requirements are subject to conditions specified at the time of the issuance of the use permit.

2)

All vending unit sites must provide adequate lighting by the permittee to ensure customer safety. The plot plan shall provide evidence that all lighting will be directed downward and towards the vending unit to prevent disturbance of public streets or adjacent properties.

D.

The plot plan shall include any nearby structures and their distances if closer than one hundred feet to the proposed location of operation of the mobile food vending unit.

1)

Mobile food vending units, including outdoor furniture, shall not be allowed within dedicated parking spaces or parking space areas and/or landscape areas, access aisles and shall maintain at least a twelve-foot separation or setback from any buildings/property lines, or any other object that may hinder emergency access to the lot or mobile food vending unit.

2)

At no time shall the configuration of the mobile food vending unit be located as to encourage or place patrons/pedestrians within access aisles, emergency accesses and/or ingress/egress locations.

E.

Applicant shall provide a diagram of the mobile food vending unit illustrating the exit if unit is an enclosed unit. The diagram of the mobile food vending unit shall also show the layout of any cooking devices and fuel fired or electrically energized equipment. Applicant shall state what types of fuel fired or electrical heating devices will be utilized with the mobile food vending unit.

F.

Applicant shall make readily available toilet and hand washing facilities within three hundred feet of vending unit. Location of the proposed restroom facility shall be included on the plot plan.

G.

Applicant must provide location for any proposed table and chairs on the plot plan.

H.

Applicant shall provide trash and recycling receptacles for customer use. Any and all waste generated on the mobile food vending site shall be removed daily from the site. Location of the waste receptacles shall be included on the plot plan.

I.

Applicant shall provide a copy of the current environmental health certification with the use permit application.

J.

Applicant shall obtain, furnish proof of, and maintain in full force and effect, a policy of general liability insurance and property damage coverage, in a standard form business in the State of California. The insurance policy shall be endorsed to name the County of Tehama and its elected and appointed boards, officers, agents, and employees as an additional insured, and shall provide that any other insurance maintained by the County of Tehama shall be in excess and not contributing with the insurance coverage provided to the County of Tehama under the applicant's policy. The minimum limits of liability shall not be lower than one million dollars combined single limits, per occurrence and in the aggregate.

K.

Any additional and supplemental information which the director of planning determines is reasonably necessary to determine the approval of the application. The planning department may refer to other affected departments, including but not limited to, department of public works, department of environmental health and Tehama County Fire Department.

L.

Except as permitted as part of a special event permit issued in accordance with Chapter 13.12, Mobile Food Vending units shall not be located closer than six hundred feet from each other.

(Ord. No. 1996, § 1, 12-16-2014)

Mobile food vending units shall comply with the following operation and location standards and conditions:

A.

Comply with all federal, and state laws, including but not limited to, those of Tehama County.

B.

Meet all relevant standards of the California Retail Food Code.

C.

The environmental health certification shall be posted on the mobile food vending unit.

D.

Make readily available toilet and hand washing facilities within three hundred feet of food vending unit.

E.

No mobile food vending unit shall compromise or obstruct vehicle or pedestrian circulation.

F.

Keep site free of litter, traffic hazard and general debris created by the business at all times. The permittee shall provide trash and recycling receptacles for customer use. Any and all waste generated on the mobile food vending site shall be removed daily from the site.

G.

All waste discharges are to be done at a facility approved by Tehama County.

H.

Outdoor furniture of any kind shall remain in safe working order as to provide safety to the general public and stored appropriately during non-operational hours and adhere to restrictions as outlined in subsection 17.82.040(D) of this chapter.

I.

Signage intended for the purpose of advertisement pertaining directly to the mobile food vending unit shall be located directly adjacent to the unit and shall not interrupt vehicle or pedestrian circulation patterns of any kind.

J.

Any connection of the unit to an existing or new electrical service shall be inspected and approved by the Tehama County Building and Safety Department.

K.

Hours of operation shall be limited to those of the permitted commercial or industrial use(s) on the premises identified in accordance with subsection 17.82.030(D).

L.

All vending sites must provide adequate lighting by the permittee to ensure customer safety. All lighting shall be directed downward and towards the vending unit so not to disturb public streets or adjacent properties.

M.

Must meet Tehama County Fire Department requirements. At a minimum, such requirements shall include, but are not limited to, a properly mounted and readily accessible 2A:10BC fire extinguisher. A Class "K" fire extinguisher shall be required if a fryer unit is used on the unit.

N.

Mobile vending unit shall not conduct business on any approved premises for more than twelve hours in a twenty-four-hour period.

O.

No mobile vending unit may conduct business, park, or operate within one thousand feet of any elementary, middle or high school, whether public or private. The one thousand feet shall be measured from each property line of the school(s).

(Ord. No. 1996, § 1, 12-16-2014)

All presently existing nonconforming mobile food vending units may continue to be used for a period of six months from the effective date of the ordinance enacting this section. No structural alterations may thereafter be made, and the said nonconforming mobile food vending units shall be brought into conformity by removal or relocation, or by obtaining a use permit in accordance with this chapter within six months from the effective date of this chapter.

(Ord. No. 1996, § 1, 12-16-2014)

Without limiting any other provision of this Code, a use permit for mobile food vending may be suspended or revoked in accordance with Chapter 17.70 if the permit holder does not comply with any provision of this chapter. The director of planning shall commence suspension or revocation proceedings if any of the following conditions exist:

A.

The director of planning determines that any activity authorized by the permit is being carried out in such a manner as to constitute a nuisance, or to cause injury or unsafe conditions to public health, safety or welfare;

B.

There exist any grounds that would have been grounds for denial of the use permit application.

(Ord. No. 1996, § 1, 12-16-2014)