Item 09 - ZONING ORDINANCE AMENDMENT NO. 2022-05

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Ordinance No. NS-XXXX Page 3 of 9 (b) The provisions of this Article do not apply to any of the following: (1) Mobile food trucks operating in the public right-of-way subject to the provisions of Article XIV (Food Vending Vehicles) of Chapter 36 (Traffic) of the SAMC. (2) Mobile food trucks operating in conjunction with any city-sponsored event where the operator of the mobile food truck is operating pursuant to a valid contract with the City. (3) Mobile food trucks operating in conjunction with an approved land use certificate and/or special event permit for temporary outdoor activities. (4) Mobile food trucks operating in a construction site (site with a valid building or grading permit) or business which does not vend to the general public during the time on the site and does not conduct operations on any single private property for more than forty-five (45) minutes. (c) The provisions of this Article are not intended to provide exclusive regulation of the operation of mobile food trucks on private property. Mobile food trucks shall comply with all applicable state and federal laws and all local regulations imposed in other articles of this Chapter and other city ordinances, unless explicitly exempted under this Article. Should a conflict exist between the provisions of this Article and the provisions of other articles of this Chapter, the provisions of this Article shall prevail, unless otherwise determined by the Executive Director of the Planning and Building Agency. Sec. 41-2303. – Application, Permit, and Review Requirements. (a) No mobile food truck shall operate on private property without obtaining approval of an administrative mobile food truck application and permit as established by the Executive Director of the Planning and Building Agency. Approval of the mobile food truck permit shall be granted only to the business owner/operator of the mobile food truck that holds a valid City business license and a health permit from the County of Orange Health Care Agency. (b) An approved permit for a mobile food truck shall be renewed on an annual basis on the anniversary date of the original approved permit. An application for renewal shall be submitted to the Planning and Building Agency no later than sixty (60) days prior to the expiration of the approved permit. (c) The business owner/operator of the mobile food truck shall maintain and store a copy of the mobile food truck permit within the mobile food truck and shall present the permit, upon request, to a city police officer, code enforcement officer, or any other person designated by the City to enforce this Article.