Waterford City Zoning Code
CHAPTER 17
55 MOBILE FOOD SERVICE
§ 17.55.010 Intent.
The city of Waterford declares that it is the policy and intent of the city and this chapter to declare a statement of policy to regulate mobile food vendors within an adjacent to the city of Waterford to preserve and enhance the business community of Waterford and promote public health and safety in a manner consistent with goals, policies and standards of the Waterford general plan.
(Ord. 2011-02 §1; Ord. 2019-07 §4)
§ 17.55.020 Purpose.
The purpose of this section is to regulate mobile food service and sales within the city through a permitting process that ensures that such uses are operated at an appropriate location and in a manner that is safe and secure, and will not create adverse impacts to either the property on which they are located or to the immediate neighborhood so as to:
A.
Eliminate the blighting potential of allowing the random location of business take-out food businesses in the city along roadways and highways that create potential traffic hazards;
B.
Preserve the characteristics of the city's commercial districts and promote uniform standards of appearance and service that promotes the established commercial areas of the city;
C.
Minimize the creation of litter and trash on city streets and within public areas from the illegal disposal of wrappings and scraps from take-out food sold by mobile food vendors.
(Ord. 2011-02 §1; Ord. 2019-07 §4)
§ 17.55.030 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as hereafter set out, unless it shall be apparent from the context that they have a different meaning.
means any vehicle, or similar means that is propelled by an internal combustion engine or electric motor for the purposes of conveying food or providing food service. Does not include sidewalk vendor as defined by Senate Bill 946.
means a mobile food vendor service or sales unit selling to the consuming public a hot, cooked or warmed ready to eat food product that can be consumed on the location where the sale or service transaction is conducted.
means a mobile food vendor service or sales unit selling to the consuming public a cold, frozen or uncooked ready to eat food product, such as ice cream or candy, which can be consumed on the location where the sale or service transaction is conducted.
means any delivery truck, trailer or vehicle that is used to deliver pre-packaged food to a restaurant, store, residence or that will be stored, consumed or resold through a duly permitted and licensed business operating within the city of Waterford.
(Ord. 2011-02 §1; Ord. 2019-07 §4)
§ 17.55.040 Mobile vendors for food sales purposes prohibited-Exceptions.
It is unlawful for any person to occupy or use any mobile unit for selling any food product or service upon any street, alley, lane, highway, municipal off-street parking lot or other public place, or upon any lot, piece, parcel or tract of land within the city except as provided below:
A.
Within a lawfully established industrial zone where the mobile food is screened from adjacent properties or public roadways and is serving workers and employees of an established industrial facility and is not accessible to the general public.
B.
Within a lawfully established city-authorized public event, such as a street fair, farmers market, carnival, circus or similar event where the mobile food vendor is an owner or operator of a food service business licensed, in accordance with Chapter 5.06, to serve food within the city of Waterford.
(Ord. 2011-02 §1)
§ 17.55.050 Mobile food service.
A.
It is unlawful for any owner, lessee, or occupant of any lot, piece, parcel, or tract of land within the city, whether for gain, hire, reward, gratuity or otherwise, to permit the same to be occupied or used by any mobile food service unit; provided, however, that the prohibition contained in this section shall not apply where a duly approved and valid mobile food service and sales permit has been issued in accordance with the provisions of this chapter.
B.
Any person must obtain a mobile food service and sales permit, in accordance with the provisions of this chapter, prior to operating a mobile food service and sales activity within the city. The approval shall be specific to a location and shall not be transferable to other locations or operators. An application for a permit shall be submitted for approval of a mobile food service and sales permit not less than fifteen days before the use is intended to begin.
1.
The application shall be on a form prescribed for that purpose, and shall include the written consent of the owner of the property on which the use is to be located and, if different, the business owner providing restroom facilities within two hundred feet as prescribed by the California Commercial Retail Food Code.
2.
If the mobile food vending unit is proposed to be located on public property, street or right-of-way, an approved encroachment permit, issued by the Waterford public works department must be approved prior to the application for a permit.
C.
Mobile food service and sales vendors may conduct business within the city of Waterford subject to first obtaining a permit in accordance with the following:
1.
An administrative permit, issued in accordance with Chapter 17.73 is required for any mobile vendor subject to the following:
a.
The mobile vendor is to be located within an "I" manufacturing zone.
b.
The mobile vendor is not located along or visible from either "F" Street (Oakdale Waterford Highway-Hickman Road) or Highway 132.
c.
The mobile vendor business site has direct street access, is not located on a public street or right-of-way and has sufficient off-street parking so as to not impact the neighborhood within which it is located.
2.
A temporary permit, issued in accordance with Chapter 17.74 by the city manager, where the mobile vendor will be permitted to temporarily locate within a C (commercial) zone or a P-F public facilities zone on or adjacent to a public street or right-of-way or on private or public property to conduct business and participate in a city of Waterford sanctioned special event such as a street fair, certified farmers market, carnival or similar activity subject to the following:
D.
A mobile food and service vendor shall be required to first obtain a business license to conduct business within the city of Waterford and shall comply with all applicable health, sanitation, and other applicable laws and regulations that apply to the business.
(Ord. 2011-02 §1)
§ 17.55.060 Mobile food vendor exceptions.
§ 17.55.070 Exemption for parking or storage on owned or leased premises.
Nothing in this chapter shall prohibit the owner or operator of any mobile food service unit from parking or storing his or her mobile food service unit upon premises owned, leased or otherwise lawfully occupied or used by the owner provided:
A.
The mobile food service unit is located in an area where such vehicle storage is permitted or conditionally permitted in accordance with the requirements of this title;
B.
The mobile food service unit is not being used for sales or distribution of food products and is not otherwise occupied while in storage;
C.
The mobile food service unit is located within a structure, garage or otherwise screened from public view from adjacent properties or any street, highway or public road.
(Ord. 2011-02 §1)
§ 17.55.080 General operating standards.
A.
Prior to the issuance of permit for a mobile food and service in the city of Waterford, the issuing authority shall review the proposed use in accordance with the following standards:
1.
The proposed location is on an improved property that is entirely paved and shall not interfere with the operation of any approved uses on the site;
2.
The site is adequate to support the operation of the mobile food service and sales activity and the mobile food service and sales activity will not adversely affect adjacent structures and uses, or the surrounding neighborhood;
3.
The proposed use will not adversely affect the circulation and flow of vehicular and pedestrian traffic in the immediate area;
4.
The proposed use will not create a demand for additional parking which cannot be met safely and efficiently in existing parking areas;
5.
The proposed use will not conflict with the terms or intent of any planned unit development permit or conditional use permit currently in effect on the property;
6.
The proposed use and location complies with all applicable requirements of the Waterford Municipal Code, the California Building and Fire Codes, and any other applicable local, regional, state or federal laws or regulations;
7.
The proposed use will not otherwise constitute a nuisance or be detrimental to the public welfare of the community;
8.
The vending area is within an area of the city where adequate parking, access, utilities, services are available; and
9.
The vendor vehicle shall not be permitted to operate, locate or travel in the city of Waterford in such a manner as to create a safety hazard to other motorized or non-motorized and pedestrian traffic within the city of Waterford.
B.
Conditions. In authorizing an application for a mobile food service and sales permit, the planning director shall include as conditions of approval, the following minimum provisions:
1.
The use shall conform to all applicable building, electrical, fire, plumbing, engineering, solid waste, wastewater, water quality, and environmental regulations and laws;
2.
No permanent structures may be constructed on the site to support the operation of the mobile food service and sales activity;
3.
No signs, balloons, or flags may be displayed off the site to promote the mobile food service and sales activity except those permanently affixed to the mobile food vehicle/trailer;
4.
No outdoor music, live or amplified, is permitted;
5.
Temporary canopies or tents less than one hundred twenty square feet may be erected but must be removed at the end of each business day;
6.
No more than two small tables seating up to a total of ten people may be permitted and must be removed at the end of each business day;
7.
Vehicle and temporary canopies or tents shall not be located closer than twenty feet to a building or structure;
8.
Vehicle and any temporary canopies or tents shall not be located on the same parcel, or closer than one hundred feet from the lot line of an adjacent parcel, on which a flammable, combustible, or liquid petroleum gas dispensing or storage container is located;
9.
Provisions for fire protection and fire vehicle access shall be made as prescribed by the fire marshal;
10.
The site shall be continuously maintained free of weeds, litter and debris;
11.
Within three days after ceasing operation of the mobile food service and sales at any location, the site shall be completely cleaned; all trash, debris, signs, sign supports, and temporary electrical service will be removed;
12.
An agreement for the use of properly operating restroom facilities within two hundred feet of the vehicle's location shall be maintained at all times; and
13.
Any additional limitations or conditions as required by the planning director as conditions of approval.
C.
Fee. A fee shall be paid by the applicant to cover the costs of processing and administering the mobile food service and sales permit application. Such fee shall be set by city council resolution, and may be amended from time to time.
D.
Any mobile food service and sales permit shall be automatically suspended and may be revoked in the even that the operator violates any condition of approval of the permit or if the permit issued by the Stanislaus County environmental health department is suspended or revoked for any reason.
(Ord. 2011-02 §1)
§ 17.55.090 Enforcement.
It shall be the duty of any police officer, the building official, the health officer and any other employee of the city designated by the city manager, in writing filed with the city clerk, to enforce the provisions of this chapter. The building official, community code enforcement official or any regularly appointed employee of the city so designated by the city manager is empowered to make arrests and issue citations pursuant to Sections 836.5 and 853.6 of the Penal Code of the state for violations of this chapter. As set forth in Chapter 17.80 (Enforcement), penalties under the administrative enforcement provisions of Chapter 1.17 of this code may be imposed in lieu of, but not in addition to, penalties imposed by the court for any single violation.
(Ord. 2011-02 §1)