§ 18.60.280 — Mobile Food Vendors

Santa Clara City Code · Santa Clara City Code § 18.60.280

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A. Purpose and Intent. The intent of these regulations is to encourage mobile food vending that is compatible with associated and surrounding uses and do not obstruct pedestrian or vehicular circulation or create an unsightly appearance. B. General Developmental Standards. The following developmental standards shall apply to all Mobile Food Vendors: 1. Location. Mobile Food Vendors shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation and does not encroach upon driveways, emergency vehicle/fire access lanes, landscaped areas, pedestrian walkways or pathways, bicycle lanes, seating, enhanced pedestrian amenities (e.g., waste receptacles and drinking fountains), or any other requirement listed in the Building Code. Outdoor dining and seating shall not be located within the public right-of-way, in designated vehicle drive aisles, or within required landscape planter areas. 2. Hours of Operation. For Mobile Food Vendors that are located within 100 feet of a residential use, hours of operation are limited to 7 am to 10 pm daily. 3. Signs. No additional business identification or advertising signs for Mobile Food Vendors shall be allowed above the maximum allowable sign area for the corresponding primary use as established in Chapter 18.42 (Sign Standards). 4. Maintenance. Mobile Food Vendor areas shall be kept free of garbage and other debris and shall not encroach into required sidewalk clearance areas. 5. Distance from Residential Uses. Except as otherwise expressly allowed in this Zoning Code, no Mobile Food Vendor shall be located less than 100 feet from the property line of a residentially zoned parcel without prior approval of a Minor Use Permit. 6. Operational Standards. The following operational standards shall apply to all Mobile Food Vendors: a. Permittee to Ensure Maintenance. The permittee shall be responsible for, and exercise reasonable care in, the inspection, maintenance, and cleanliness of the area containing the Mobile Food Vendor, including any design requirements hereafter enacted, from the structure frontage to the curb. b. Permittee to Ensure Compliance. The permittee shall restrict the Mobile Food Vendor to the approved location and ensure compliance with all applicable laws, including laws against blocking the public right-of-way, health and safety laws, public cleanliness laws, and laws regulating the sale and public consumption of alcohol. c. Alcoholic Beverage Sales. Areas in which alcoholic beverages are served shall comply with the standards established by the State Department of Alcoholic Beverage Control. d. Clean-up Facilities. The property owner shall provide adequate clean-up facilities for Mobile Food Vendors, and associated procedures, in the following manner. (1) Cleaning Schedule. Outdoor dining areas shall be cleaned on a continual basis for removal of litter and food items which constitute a nuisance to public health and safety; and, (2) Waste Receptacles. Outdoor dining areas shall contain waste receptacles, which shall not be allowed to overflow, for use by the public and/or restaurant employees. e. Required Parking. No additional parking shall be required for the Mobile Food Vending area associated with the primary use. Up to four parking spaces can be occupied by the Mobile Food Vending Facility. f. Amplified Sound. No amplified sound associated with the Mobile Food Vendor Use is allowed. g. Temporary Canopies. Any temporary canopies associated with seating areas are required to be removed on a nightly basis. C. Permit Requirements. 1. All Mobile Food Vendor subject to the requirements of this Section shall be allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards). 2. Mobile Food Vendors are allowed as follows: a. When operating for less than two hours, no permit is required, except as otherwise provided below; b. When operating for more than two hours but less than four hours on a site: A Zoning Clearance is required, but no Minor Use Permit, except as otherwise provided below; and c. When operating for more than four hours on a site, or when operating within 100 feet of a residentially zoned parcel, measured from the Mobile Food Vending Facility to the property line, for any length of time: A Minor Use Permit is required. 3. When a Zoning Clearance is required, the Mobile Food Vendor is subject to the following standards: a. The Property Owner’s written authorization is required. b. The applicant shall provide a site plan that details the Mobile Food Vending location, seating location and location of required trash receptacles. All plans are subject to approval by the Fire and Building Departments. c. The applicant is required to provide County Public Health clearance. d. The applicant is required to provide trash cans for on-site litter control. e. Seating is limited to a maximum area of 500 square feet and a maximum of 24 seats. f. Any improvements do not interfere with a continuous pedestrian path of travel in compliance with State and Federal accessibility regulations that will not obstruct fire, pedestrian, and wheelchair access. 4. When a Minor Use Permit is required, in order to approve the proposed Mobile Food Vendor, the Director shall make the Zoning Clearance standards above, the standard findings required for the Minor Use Permit, as well as all the following additional findings: a. Allows a continuous pedestrian path of travel in compliance with State and Federal accessibility regulations that will not obstruct fire, pedestrian, and wheelchair access. b. Does not unduly interfere with pedestrian traffic on the sidewalk. c. Does not unduly interfere with access of public employees and utility workers to meters, fire hydrants, or other objects (street hardware) in the right-of-way. d. Allows an unobstructed view of traffic devices. -This page intentionally left blank-