HomeMy WebLinkAboutORD NO 4862ORDINANCE NO. It 8 6;> -
AN ORDINANCE OF THE CITY OF BAKERSFIELD ENACTING
CHAPTER 5.66 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO FOOD VENDING VEHICLES.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 5.66 of the Bakersfield Municipal Code is hereby enacted to read
as follows:
Chapter 5.66 Food Vending Vehicles
Sections:
5.66.010 Definitions.
5.66.020 Permits Required.
5.66.030 Application.
5.66.040 Application Approval, Denial, and Revocation.
5.66.050 General Food Vending Vehicle Requirements.
5.66.060 Food Vending Vehicle Requirements in the Public Right -of -Way.
5.66.070 Food Vending Vehicle Requirements on Private Property.
5.66.080 Appeal of a Permit Denial or Revocation.
5.66.010 Definitions.
"Food Vending Vehicle" includes any vehicle as defined in the California
Vehicle Code, from which any type of food or beverage is sold or offered for
sale directly to any consumer; provided, however, that "Food Vending Vehicle"
does not include a vehicle that only delivers food or beverage products
ordered by home delivery customers and ice cream trucks as permitted under
Chapter 8.16.
5.66.020 Permits Required.
All Food Vending Vehicle business owners shall comply with the following
requirements:
A. Maintain a valid Food Vending Vehicle permit from the City of
Bakersfield;
B. Maintain a valid business tax certificate from the City of Bakersfield;
— Page I of 8 Pages --
oF0pKF9
T
� m
v 0
ORIGINAL
C. Maintain a valid permit from the County of Kern through its Public
Health Services Department.
5.66.030 Application.
A. All Food Vending Vehicle business owners shall submit a complete
application for a Food Vending Vehicle permit on forms approved by the
Finance Director or designee and shall be signed under penalty of perjury by the
applicant.
Food Vending Vehicles intending to operate on private property:
a. Must attach to the application for permit a plot plan drawn to
scale, showing the location of utilities, improved parking areas, location of
permanent and temporary structures, curb cut and /or driveways and identifying
the nearest available source of potable water, sanitary facilities and fire
hydrants that the Food Vending Vehicle has permission to use;
b. Need written authorization signed and dated by the current
property owner regarding the location of the Food Vending Vehicle business on
the owner's property;
C. Need a copy of an approved conditional use permit if
applicable.
B. With the completed application form, the applicant shall deliver the
appropriate fee as set forth in Chapter 3.70 and as amended from time to time.
5.66.040 Application Approval, Denial, and Revocation.
A. The Finance Director or designee shall approve or deny an
application within 60 days of receipt.
B. The Finance Director or designee may deny or revoke a Food
Vending Vehicle permit whenever it is determined that the applicant has done
any of the following:
That misrepresentations were made on the application;
2. That the business owner or any manager of the Food Vending
Vehicle business has been convicted of a crime substantially related to the
qualifications, functions, or duties of the Food Vending Vehicle business ofc�rNK,,,,
-- Page 2 at 8 Pages -- m
v �
ORIGINAL
which application is made, unless he or she has obtained a certificate of
rehabilitation;
3. That any of the terms or conditions of the permit or regulations
under this chapter have been violated, or that the Food Vending Vehicle
business has been operating in violation of local ordinance, state or federal law;
4. That the Food Vending Vehicle business is interfering with the peace
and quiet of the neighborhood;
5. That the safety of persons or real or personal property requires such
revocation;
6. That the property owner transferred or assigned his, her or its interest
in the property.
5.66.050 General Food Vending Vehicle Requirements.
A. No selling or serving alcohol;
B. No selling to persons in vehicles;
C. No amplified sound or loudspeakers. Must comply with the noise
limits in Chapter 9.22;
D. No discharge or cause to be discharged to a public sewer, any
waste as defined in Section 14.12.220 (B) which directly or indirectly connects to
the City's sewerage systems;
E. No lighting, except localized lighting that is used on or in the Food
Vending Vehicle.
F. No obstruction or interference with the free flow of pedestrian or
vehicular traffic, including but not limited to access to or from any business,
public building, or dwelling unit;
G. No restriction of visibility area sight distance at any driveway or
intersection;
H. Posting, in public view and without obstruction, on the back upper
left side of the vehicle, the following items:
oegAKFv
T
— Page 3 of 8 Pages -- = m
v o
ORIQINAL
I . A valid permit certification and valid permit sticker from the County
of Kern's Public Health Services Department; and
2. A City Code Enforcement sticker that provides a phone number to
report violations.
I. Hours of operation shall be between 6:00 a.m. and 10:00 p.m, from
Monday through Saturday and between 6:00 a.m, and 8:00 p.m. on Sunday,
except in the Commercial Center Zone (CC) and the Central Business Zone (C-
B), where hours of operation shall be between 6:00 a.m. and 1:00 a.m. from
Monday through Sunday;
J. Provide at least one trash receptacle and one recycling receptacle
for use by patrons within 20 feet and in a convenient location that does not
impede pedestrian or vehicular traffic;
K. Upon vacating the site, must collect and remove the
aforementioned trash receptacle and all litter and debris generated within a
minimum 50 -foot radius of the Food Vending Vehicle;
L. Food Vending Vehicles shall be a permitted use in the following
Zone Districts: CC (Commercial Center), C -2 (Regional Commercial), C -B
(Central Business), M -1 (Light Manufacturing), M -2 (General Manufacturing) and
where permitted by Section 5.66.070(1). Operation in any other Zone District, or
operation of Multiple Food Vehicles pursuant to 5.66.070(H), shall require
approval of a Conditional Use Permit in accordance to the process established
by Chapter 17.64 herein;
M. Food Vending Vehicles must park at least 75 feet away from a
primary frontage for patrons of a restaurant and at least 200 feet away from the
following Zone Districts: R -1 (One - Family Dwelling), R -2 (Limited Multiple - Family
Dwelling), R -3 (Multiple - Family Dwelling), R -S (Residential Suburban) and PUD
(Planned Unit Development), unless operating in accordance with state law
and with Section 5.66.070(1) or pursuant to a Conditional Use Permit;
N. Food Vending Vehicles must park at least 300 feet away from the
exterior boundary of property used and occupied by any public playground or
park maintained and operated by the City, or other public corporation, unless
operating in accordance with Section 5.66.070; oeenKee
-- Page 4 of 8 Pages -- 6
ORIGINAL
O. Shall permit law enforcement officers to inspect the premises of the
Food Vending Vehicle business for purposes of ensuring compliance with the
law at any time the vehicle is open for business. Such inspections shall be
conducted in a reasonable manner and shall be as frequent as necessary;
P. Maintain liability insurance policy of at least $1,000,000 that names
the City as an additional insured.
5.66.060 Food Vending Vehicle Requirements in the Public Right -of -Way.
In addition to 5.66.050, Food Vending Vehicle business owners in the
public right -of -way shall comply with the following requirements:
A. Follow current City and California Vehicle Code parking
requirements;
B. Park parallel to the curb before serving any customers;
C. Notwithstanding the trash receptacle, no tables, chairs, furniture,
umbrellas, generators, objects or structures shall be permitted outside of the
Food Vending Vehicle;
D. Notwithstanding the trash receptacle, containment of all
associated equipment and operations within the Food Vending Vehicle;
E. Have no signs other than those exhibited on or in the Food Vending
Vehicle;
F. Not operate in the public right -of -way within 500 feet from any
school, between 7:00 a.m. and 4:00 p.m. on regular school days, unless
operating in accordance with Section 5.66.070;
G. Not operate in the public right -of -way within 500 feet of a permitted
Special Event on public property while such event is in progress unless the Food
Vending Vehicle has either (i) written authorization from the Event Organizer or
(ii) a Special Event Permit as defined in Chapter 10.69;
H. Not encroach onto a public sidewalk with any part of the vehicle or
any other equipment or furniture related to the operation of the business,
except for the required trash and recycling receptacles or any attached sign or
awning. The business owner shall provide at least an 8 -foot vertical clearance
for pedestrian access under the sign or awning.
o``0AKF9�
r
— Page 5 of 8 Pages -- m
v 0
ORIGINAL
5.66.070 Food Vending Vehicle Requirements on Private Property.
In addition to 5.66.050, Food Vending Vehicle business owners on private
property and property owners which allow business owners on private property
shall comply with the following:
A. Maintain a copy of the property owner's written approval allowing
the Food Vending Vehicle business owner to use their property for food vending;
B. Maintain a copy of the approved plot plan in the vehicle;
C. Operate within a paved, level parking area, where it can be
demonstrated that any off- street parking spaces located in that area are not
otherwise reserved, encumbered, or designated to satisfy the off - street parking
requirement of a business or activity that is operating at the same time as the
food vending vehicle;
D. May set up a maximum of 3 tables with shade structures and
provide a maximum of 12 chairs, all of which must be removed daily at the close
of business;
E. A Food Vending Vehicle and associated equipment shall occupy a
maximum area of 3 standard parking stalls or 500 square feet, whichever is less;
F. A maximum of one Food Vending Vehicle shall be parked on each
legal parcel overnight;
G. Operations shall not impede pedestrian or vehicular ingress or
egress through the remainder of the parking area or adjacent public right -of-
way;
H. One Food Vending Vehicle shall be permitted on private property
at any given time, with the following exceptions:
1. More than one Food Vending Vehicle may operate on private
property in the Commercial Center Zone (CC) and Central Business Zone (C -B);
2. More than one Food Vending Vehicle may operate on private
property in other Zone Districts subject to adherence to all other regulations of
Chapter 5.66 and approval of a conditional use permit per the process
established by Chapter 17.64.
I. The following types of Food Vending Vehicle operations are not
limited by zoning restrictions: 8egAKF9s
T
— Page 6 of 8 Pages -- m
0
ORIGINAL
1. Operations on the property of a school, university, hospital, or
religious facility with the written consent of the property owner and an
applicable permit from the City;
2. Operations in City parks with the written consent of the Recreation
and Parks Director or designee;
3. Private catering events that comply with the following requirements:
a. The Food Vending Vehicle is parked entirely on private
property;
b. Service is limited to private guests of the catering host; and
C. Payment occurs directly between the catering event host
and the Food Vending Vehicle business owner. No payment transactions shall
occur for individual orders.
4. Construction sites that comply with the following requirements:
a. The site is actively under construction pursuant to a valid
building permit or grading permit; and
b. The Food Vending Vehicle does not vend to the general public.
5.66.080 Appeal of a Permit Denial or Revocation.
A. Should an applicant be denied a permit or if a business owner's
Food Vending Vehicle permit is revoked, then said person may, no later than
ten business days after notice of such decision is deposited in the United States
mail, addressed to the business owner at the address provided on the
application, make written objection to the City Manager setting forth the
grounds for dissatisfaction, whereupon the City Manager or designee shall hear
such objections at a scheduled hearing;
B. The applicant /Food Vending Vehicle business owner shall be given
written notice no less than fifteen days prior to such hearing. The City Manager
or designee may, upon such hearing, sustain, suspend or overrule the decision
of the Finance Director or designee, which decision shall be final and
conclusive;
C. Pending the hearing, the decision of the Finance Director or eAKF
designee shall remain in full force and effect and any reversal thereof by they`` 9sr
m
-- Page 7 of S Pages — v o
ORIGINAL
City Manager shall not be retroactive but shall take effect as of the date of the
City Manager or designee's decision.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
- - - - - -- 00000-- - - - - --
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
SEP 1 8 2016 by the following vote:
ER ✓ ✓ ✓
COUNCILMEMBER: RIVERA, WEIR, HANSON, SULLIVAN, PARLIER
COUNCILMEMBER'. NOno-
ABST COUNCILMEMBER'. L
COUNCILMEMBER: N�Y W.0 �IIi
ROBERTA GAFFORD,
CITY CLERK and EX OFFICIO Clerk of the
APPROVED:
SEP 2 8 2016 CouncApf the City of Bakersfield
By:
HARVEY L. HALL, Mayo
City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA G NNARO
City Attar ey
By:
VIRIDIANA GALLARDO -KI
Associate City Attorney
VGK /vlg
s \COUNCIgOrds \I6I T5.66 roodveodme.roi doc. of 9A KF9
T
- -Page 8 of 8 Pages -- m
U �
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 30th day of September. 2016 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4862, passed by the
Bakersfield City Council at a meeting held on the 28th day of September. 2016 and
entitled:
AN ORDINANCE OF THE CITY OF BAKERSFIELD ENACTING
CHAPTER 5.66 OF THE BAKERSFIELD MUNICIPAL CODE RELATING
TO FOOD VENDING VEHICLES.
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: ' �G6
DE TY City CI rk
S OOCUMEN FORMS\AORORD.w d