§ 5.51.110. Decisions regarding the approval, approval with conditions, or denial of a Food Vending Permit.

A.

The Director of City Planning, or his or her designee, shall determine whether the proposal meets the requirements for a Food Vending Permit as set forth in this Chapter and/or in the Administrative Guidelines to this Chapter.

1.

The Director of City Planning, or his or her designee, shall review and issue Food Vending Permits in the following order of priority:

i.

Priority Group One: Vendors with valid, unexpired Oakland Food Vending permits (i.e. 2016-2017 Food Cart "FC" or Food Vehicle "FV" permits);

ii.

Priority Group Two: Vendors with expired Oakland Food Vending permits (i.e. 2001-2015 Food Cart "FC" or Food Vehicle "FV" permits);

iii.

Priority Group Three: Vendors applying for City-designated parking spaces in the street right-of-way; and

iv.

Priority Group Four: All other vending applicants.

2.

Applications in Priority Group One and Two shall be reviewed based on the buffer standards that applied at the time of their initial issuance of an Oakland Food Vending permit, as described in the Administrative Guidelines to this Chapter. As a result, permits may be granted for a previously permitted location that does not meet the current buffer distances in Section 5.51.050.

3.

Applications in Priority Group Three and Four shall be reviewed according to the current requirements for a Food Vending Permit as set forth in this Chapter and/or in the Administrative Guidelines to this Chapter. However, all permits that are renewed on an annual basis shall continue to be evaluated according to the standards that applied at the time of the initial permit issuance.

B.

Notice of the Food Vending Permit application shall be given by mail or delivery to all persons shown on the last available equalized assessment roll as owning real property in the City within three hundred (300) feet of the vending site, except that the notice area shall be limited to one hundred (100) feet for vending sites located on Telegraph Avenue between West MacArthur Boulevard and Alcatraz Avenue, and two hundred (200) feet for vending sites located on Leimert Boulevard between Clemens Road and Oakmore Road and on the lot at the southeast corner of the intersection of Mountain Boulevard and Werner Court; provided, however, that failure to send notice to any such owner where his or her address is not shown in said records shall not invalidate the affected proceedings. All such notices shall be given not less than ten (10) days prior to the date set for final decision on the application.

C.

Decision by the Director of City Planning. The Director of City Planning or his/her designee shall approve, approve with conditions, or deny a Food Vending Permit application based on the standards and criteria set forth in this Chapter and/or in the Administrative Guidelines to this Chapter. The Director of City Planning or his/her designee may impose conditions of approval on a Food Vending Permit in the exercise of his or her reasonable discretion. The applicant shall be notified of any conditions of approval in writing.

D.

The Administrative Guidelines shall include such reasonable rules and regulations as are necessary to hold any lottery the city may utilize in the issuance of permits.

E.

A Food Vending Permit application may be denied upon evidence that:

1.

Information contained in the application, or supplementary information requested from the applicant, is false in any material detail; or

2.

The applicant has failed to ensure conformity with the operating standards and/or permitted area location requirements in this Chapter and/or in the Administrative Guidelines to this Chapter; or

3.

The applicant has failed to provide a complete application form after having been notified of the requirement of producing additional information or documents; or

4.

The applicant has previously been cited by the City of Oakland for causing a public nuisance, or causing an unlawful or criminal activity during the operation of a food vending activity; or

5.

The applicant has previously had a food vending permit revoked in Oakland or in another jurisdiction, for violating food vending permit conditions or for unlawful conduct relating thereto; or

6.

The granting of the Food Vending Permit will have an adverse impact upon the public health, safety, or order.

(Ord. No. 13421, § 3, 3-28-2017)