§ 5.51.050. Permitted area.

Individual food vending facilities and group sites shall be subject to the following location requirements:

A.

Food vending shall only be located in the Food Vending Program Permitted Area, and may be located on private property, on publicly-owned property, or in the public right-of-way. Food vending in the street right-of-way is restricted to designed parking spots as shown on the Food Vending Program Permitted Area map. The City Administrator or his or her designee is authorized to adopt a Food Vending Program Permitted Area Map and make amendments or correct administrative errors to such map.

B.

A location for an individual food vending facility or group site shall not be permitted if it is proposed to be closer than the distances specified below.

1.

Three hundred (300) feet from another individual food vending facility or group site, unless individual food vending facilities or group sites are permitted to operate at designated parking spaces on the street right-of-way, or separate individual vending facilities or group sites are permitted to operate on different days of the week from the same location;

2.

Vending within three hundred (300) feet from the parcel boundary of a school serving children between kindergarten and high school between the hours of 7 a.m. and 6 p.m. Monday through Friday is restricted as per the Administrative Guidelines to this Chapter;

3.

Three hundred (300) feet from the primary entrance of a Full Service or Limited Service Restaurant. This separation requirement shall only apply during the normal hours of operation of the Full Service or Limited Service Restaurant. As a further exception, food vending facilities may locate: (a) within three hundred (300) feet of a Full Service or Limited Service Restaurant if the restaurant owner has provided the food vendor with permission to locate on the same lot as his/her restaurant, or if all applicable restaurant owners in the buffer area provide a signed waiver to the food vendor; (b) one hundred (100) feet from a Full Service or Limited Service Restaurant located on Telegraph Avenue between West MacArthur Boulevard and Alcatraz Avenue; (c) two (200) feet from a Full Service or Limited Service Restaurant located on Leimert Boulevard between Clemens Road and Oakmore Road; and (d) on the lot at the southeast corner of the intersection of Mountain Boulevard and Werner Court; and

4.

Any additional location requirements, as determined by the City Administrator or his/her designee, per Section 5.51.025 of this Chapter.

C.

Individual food vending facilities or group sites cannot block or impede access to:

1.

Required parking or driveways;

2.

Bicycle racks;

3.

Signal crossings;

4.

Required off street parking;

5.

Parking meters;

6.

Pedestrian or bicycle routes;

7.

Emergency vehicle routes;

8.

Building entrances and exits;

9.

Required accessibility routes and curb cuts;

10.

Easements;

11.

Trash enclosure areas or access to trash bins/trash enclosures; or

12.

Other City facilities, as determined by the City Administrator or his/her designee.

D.

Individual food vending facilities and group sites shall maintain site circulation and access consistent with the Americans with Disabilities Act (ADA).

E.

Each stationary individual food vending facility and group site shall be located within two hundred (200) feet of a restroom facility that employees can legally access.

F.

All stationary food vending facilities on public sidewalks shall be located and operated such that a minimum of five and one-half (5½) feet of unobstructed improved sidewalk or fifty percent (50%) of the overall improved sidewalk width, whichever is greater, is provided and maintained at all times from all building entrances, as well as from parking meters, traffic signs, trees, tree wells, sidewalk planter strips, and all similar sidewalk obstacles.

(Ord. No. 13421, § 3, 3-28-2017)