Ord 2024-012 - Municipal Code Amendments

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outdoor facilities permit, or special event permit approved by the City, or other zoning entitlement or right. § 4-34-500. PERMITTED LOCATIONS AND SEPARATIONS. Mobile food vending units shall operate in the zoning districts that permit such business activity pursuant to Part II of the Zoning Code and shall comply with the following restrictions: (a) Mobile food vendors do not have any exclusive right to any location in the public streets, nor shall they be permitted a stationary location, unless otherwise provided, or be permitted to operate in any congested area where their operations might impede or inconvenience the public. (b) Mobile food vending units shall not be located within any required vision triangles or within 15 feet of any curb return or driveway. (c) In the right-of-way, mobile food vending units shall not park for more than five hours in any particular location, nor shall any mobile food vending unit park in violation of any section of the San Leandro Municipal Code. (d) Regardless of the length of time parked in the right-of-way, no mobile food vending unit shall park within 500 feet, as measured in any direction, of any area where it was previously parked at the beginning of the five hour period, within any 18 hour period. (e) In order to protect public health and safety, including blocking the view of a business frontage or main entrance to the business from a roadway, traffic, circulation, parking availability, noise, trash, or other reasons related to public health or safety, Mobile food vending units shall be separated from the following land uses or activities: (1) Three hundred feet from the property line of any active full service restaurant, café, delicatessen or fast food (large and small) establishment during the restaurant’s normal business hours, with the following exceptions: (i.) Mobile food vendors operating as part of a city-approved special event. (ii.) The restaurant and the mobile food vendor are operated by the same entity. (iii.) The mobile food vendor has prior written permission of a business restaurant owner to operate on the property of that existing business. (2) Three hundred feet from any community event or other entitlement, authorized pursuant to Section 4-34-150(b), during the hours of the community event or other entitlement operation. (3) Five hundred feet from the property line of a primary or secondary school during school hours, and one-half hour prior to the start of the school day and one-half hour after the end of the school day. (4) Notwithstanding the separations above, a mobile food vending unit may operate closer to the land uses or business activities specified in this subsection if the mobile food vendor obtains written consent from each applicable restaurant owner, public or private school, community event or entitlement holder indicating that he or she has no objections to the proposed mobile food vending unit operating within the minimum separation. The City may overrule such written consents if the City finds in writing that