A. Program Registration. An annual registration permit required for mobile food vendors operating in the overlay districts. As part of the annual registration permit process, the mobile food vendor operator(s) shall be required to provide proof that their mobile food vending vehicle has approval and certification clearance from the Tulare County Environmental Health Department, a valid City of Visalia Business Tax License, and is current with vehicle registration with the state of California.
The vendor and their agents/operators agree to abide by all the rules or relinquish their right to vend under the mobile food vending ordinance.
The mobile food vending program participants shall be restricted to the mobile food vending districts also referred to as target areas or the overlay districts.
The annual registration requirement shall not be applicable to mobile vendors operating inside or outside the overlay districts under the City of Visalia Municipal Code Chapter 5.32, regulating peddlers and solicitors, or mobile food vendors operating at a special event operating under a permit issued by the City of Visalia under Municipal Code Chapter 12.48. Mobile food vendors operating outside of the overlay districts are also permitted to operate pursuant to a temporary conditional use permit issued under Municipal Code section 17.38.070.
B. Annual Mobile Food Vending Permit.
1. Annual permits for temporary uses or structures may be processed as administrative matters by the city planner and/or planning division staff. However, the city planner may, at his/her discretion, refer such application to the planning commission for consideration.
2. The city planner and/or planning division staff is authorized to review applications and to issue such temporary permits, subject to the following conditions:
a. Applicants shall go through the Site Plan Review process for proposed vending locations.
b. Annual permits granted pursuant to this section shall be for a fixed period not to exceed twelve months. The mobile food vending permit must be renewed annually but there is no limitation on the number of times a permit may be renewed.
c. Applicants for an annual permit shall have all applicable licenses and permits prior to issuance of a temporary conditional use permit.
C. Mobile Food Vending Performance Standards.
1. Private Property: Mobile food vendors in the Overlay Districts shall be permitted to vend on private property subject to the following:
a. Mobile food vending operations may only be established on sites which have an active open business during the hours of the mobile food vendors operations. (Mobile food vending shall be an ancillary use to the primary business on-site.)
b. Sites for mobile food vending are required to have full public improvements (curb, gutter, sidewalk, access drive, etc.)
c. A mobile food vendor shall locate on paved surfaces. Unimproved surfaces, landscaping areas, and required setback areas are prohibited. No mobile food vending shall occur on dirt or gravel areas.
d. A mobile food vendor shall obtain written permission from the private property owner(s), and upon demand shall provide it to authorized representatives of the City of Visalia.
e. Only one mobile food vendor is allowed per site with the exception of special events approved by the City of Visalia or as allowed under a Temporary Conditional Use Permit.
f. The mobile food vendor shall only impact no more than two parking stalls on private property. Food vending shall be permitted into the adjacent stall occupied by the mobile food vending operator. Any furniture associated with the mobile food vendor shall be limited to the two parking stall area.
g. Tables and chairs (furniture) shall be permitted and shall be located on improved and/or paved surfaces.
h. Tables and chairs located in parking stalls, landscape areas, or drive aisles shall be prohibited, excepting the two parking stall area designated for vending.
i. Furniture shall not be retained on-site overnight.
j. ADA parking stalls and pedestrian paths of travel shall not be permitted for food vending.
k. Drive aisles, sidewalks, access to trash enclosures and similar areas may not be blocked by any vending activity.
l. A mobile food vendor is prohibited within one thousand (1,000) feet of a public school property.
D. Minimum distance from restaurants and other identified uses. Mobile food vendors shall comply with the following distance requirements:
1. 300 feet from the main customer entrance of any restaurant.
2. There shall be no minimum distance between mobile food vendors located on separate properties.
3. Distance from Residential - 300 feet from properties that are planned/zoned residential or from sites with a residential use (includes travel lodgings and commercial/residential mixed use developments).
E. Mobile Food Vending Hours. Mobile food vending hours in the Overlay Districts shall be limited to the following start and stop hours. Food vending would be prohibited outside of these times:
Breakfast | 5:30 am | 9:30 am |
Lunch | 10:30 am | 2:00 pm |
Dinner East Main - east of Ben Maddox Way to Mineral King Avenue East Downtown - west of Ben Maddox Way to Santa Fe Street Industrial Area (Late Night) | 3:30 pm 3:30 pm 3:30 pm | 7:00 pm 10:00 pm 2:00 am |
F. Sale of Alcoholic Beverages. Mobile food vendors shall be prohibited from selling alcoholic beverages within the Overlay Districts.
Exceptions to the sale of alcoholic beverages in the Overlay Districts may be considered if the request is associated with a bona fide special event within the Overlay Districts subject to the requirements of Chapter 12.48 Special Events.
G. Amplified / Non-amplified Music or Audio. Mobile food vendors shall be prohibited from providing amplified and non-amplified music or audio.
H. Mobile Food Vendor Lighting. Lighting associated with the mobile food vendor shall not be directed towards the public right-of-way, adjacent properties or the night sky.
I. Mobile Food Vending Signage. Signage on the mobile food truck is permitted. A-frame signage and/or similar signs shall be prohibited.
J. Overnight Parking. Prohibited - Mobile food vending units may be left on a site overnight if the site is a commissary or is an approved vehicle storage yard/location.
K. Site Cleanup. Mobile food vendors shall have adequate trash receptacle available at all times and shall keep the sites that are occupied for food vending free and clear of trash.
L. Enforcement/Revocation of Mobile Food Vendors Permit. Language for the enforcement and revocation of program participants would be added as a section in any code changes for mobile food vending. The establishment of regulations/standards in the Zoning Ordinance provides the basis for revocation actions.
M. Special Events. Mobile food vendors permitted under this chapter that are associated with a special event within the overlay districts shall also be subject to the requirements of Chapter 12.48 Special Events of the Visalia Municipal Code for the purposes of the special event.
(Ord. 2018-11 (part), 2018)