Attachment A: Redline of amendments to draft ordinance made 4/14/28 SECTION 9: Amendment to the Cotati Municipal Code. Section 17.42.250 Food trucks and food carts is added as follows:
17.42.250 Food Trucks and Food Carts
A. Applicability. The provisions of this section apply to food trucks and food carts operating 1) on private property, where allowed by Chapter 17.22 (Allowable Land Uses) of this title, 2) in City-approved parklets on public parking, and 3) as allowed by a City special event, block party, or limited term permit. This section also applies to food trucks operating on an intermittent, short-term basis in the Commercial Industrial (CI) Zoning district. The intent of these provisions is to allow food truck and cart operation to promote economic development and culinary choice while managing potential impacts on the community. For the purposes of this Code, food trucks and food carts operated in compliance with this section are distinct from sidewalk vendors, which are subject to the standards of Section 17.42.260.
B. General requirements
1. Each food truck and food cart shall have and display at all times a current City of Cotati Business License and permit from Sonoma County Environmental Health. When a food truck or cart is operating under a special event or other City permit, the business license obtained by the permittee shall be sufficient.
2. Food trucks, carts, and their operators and employees shall comply with all applicable local, state, and federal regulations.
3. Food trucks and carts shall comply with all applicable ADA/accessibility standards.
C. Operating Standards.
1. Food truck and cart operators and employees shall have access to a restroom with handwashing facilities with running water, soap, and paper towels within two hundred feet of the truck or cart location.
2. A clean and trash-free twenty-foot radius shall be maintained around the truck or cart location.
3. Trash, recycling, and compost containers shall be provided for customer use adjacent to food pick-up window and/or outdoor dining area. Such containers may be provided by the event organizer, if the food truck or cart is operating under a special event or other City permit.
4. Any spilled refuse, food, grease, or other fluid or item related to the food truck or cart shall be immediately cleaned up to prevent it from entering the public right-of-way or storm drains.
5. Disposal of any wastewater, rinse residue, or other fluid into or adjacent to gutters, streets, or storm drains, or on any public property is prohibited.
6. Operators shall not dispose of trash, debris, recyclables, or compost generated by food truck or cart operation into public refuse receptacles.
7. Food trucks and carts shall comply with CMC Chapter 8.20, including the prohibition refraining from the use of disposable food service ware that contains polystyrene foam or PFAS.
8. A working fire extinguisher of the appropriate type and rating shall be maintained in or on the food truck or cart at all times.
9. Sales to any person in a motor vehicle located or travelling on a public roadway are prohibited.
10. Food trucks and carts shall not create a nuisance to adjacent properties from odors, smoke, dust, or other emanation.
11. Compliance with all applicable performance standards of Section 17.30.070 this title is required.
D. Design standards.
1. Food trucks and carts shall be maintained in good working order and entirely selfcontained. No food storage, preparation, or cooking shall take place outside the food truck or food cart area. No external power, piping, or plumbing is permitted, except as permitted by Section 17.42.250(E)(3)(d).
2. Generators shall be located inside or securely attached to the truck or cart. Fuel for generators must be stored inside the truck or cart.
3. Signage must comply with the following standards:
a. Signage shall be affixed to the truck or cart and shall not extend beyond the truck or cart itself.
b. Signage shall relate only to the food truck or cart and shall not advertise any other business or any items that are not immediately available for sale at the food truck or cart.
c. Flashing, blinking, and animated signs are prohibited, with the exception of food trucks and carts operating under a special event or other City permit.
E. Additional standards for food trucks and food carts operating on commercially-zoned private property, where allowed by Chapter 17.22 (Allowable Land Uses) of this title, with the exception of those operating with a City special event, block party, or limited term permit.
1. Location requirements
a. Multiple food trucks and/or carts may be allowed to operate simultaneously on a single property with a Minor Use Permit. Otherwise, only one food truck or cart may operate on a property at a time.
b. All food truck and cart operation shall take place on private property only and shall not encroach onto the sidewalk, street, or other public right-of-way.
Customers are allowed to be on a public sidewalk while patronizing a food truck or cart, as long as a minimum of four feet of passing space for pedestrians is maintained on the sidewalk and entrances to adjacent buildings remain accessible. c. Food trucks and carts shall be located on compact and dust-free surfaces only. d. Food trucks and carts shall be located as follows:
i. In compliance with zoning district setbacks for the rear and interior side property lines if property abuts a residential use on that side. ii. No closer than the lesser of five feet or the setback distance required by the zoning district from a rear or interior side property line if the property abuts a non-residential use on that side.
iii. No closer than two feet from a front or street side property line. e. The food truck or cart and its operation shall not block circulation, emergency access, or access to other approved uses on the property, or the vision triangle as defined in this code.
f. At least two private or public parking spaces shall be available for food truck or cart customers, located adjacent to the truck or cart location. The private parking spaces may be shared with other uses on the property.
g. Location of food trucks, carts, dining areas, and associated equipment shall ensure that the minimum required on-site parking spaces for other approved uses on the property is maintained.
h. If the food truck or cart is towed by a vehicle, that vehicle shall be parked legally and shall be subject to the same location standards as the food truck or cart.
2. Operating Standards
a. Food trucks and carts may operate between 7:00am and the later of 1) 11:00pm, or 2) the closing time of any other permitted business on the same property, including set up and break down time(s).
b. No equipment or belongings except solid waste receptacles, an outdoor dining area that complies with 17.42.250(E)(3)(b), and an A-board sign complying with
17.42.250(E)(3)(c), shall be allowed outside the food truck or cart. c. The food truck or cart shall be removed from the property daily at the end of each operating period. The exception is a food truck that uses a permitted restaurant on the same property as its commissary, with Sonoma County Environmental Health approval.
d. All equipment associated with food truck or cart operation, including outdoor dining furniture, coverings, and solid waste receptacles, shall be removed from the property daily at the end of each operating period or stored in a permitted enclosed structure. Exceptions may be made on a case-by-case basis with Minor Use Permit approval.
e. Amplified music is prohibited in association with food truck or cart operation, unless authorized by a special event or other city permit.
3. Design standards
a. Food carts, including all associated equipment including canopies or other coverings, shall not exceed a total of one hundred square feet in area, not including the dining area if provided.
b. Food trucks and carts may provide a temporary dining area for customers, including seating, tables, and covering, as follows:
i. The dining area shall meet the same location standards as food trucks and carts.
ii. A maximum of one hundred square feet in area is allowed, including area(s) under coverings if any. Exceptions may be made on a case-bycase basis with Minor Use Permit approval. iii. No advertising of any business is allowed on outdoor dining furniture or covering.
c. In addition to the signage allowed in Section 17.42.250(D)(3), each food truck or cart may have one A-board sign, to be put away daily at the end of operation, located only on private property and completely out of the public right-of-way, and conforming to standards in Section 17.38.070(A) of this title. d. Food trucks and carts may utilize a single power extension cord that is:
i. Rated for outdoor use.
ii. Appropriately placed and covered to avoid trip hazards. iii. Connected to a permanent power source on the same property as the food cart.
iv. Removed daily at the end of operation.
F. Additional standards in the Commercial Industrial (CI) zoning district for food trucks operating on an intermittent, short-term basis on private property and in the public right-of-way in the Commercial Industrial (CI) zoning district, where allowed by Chapter 17.22 (Allowable Land Uses) of this title:
1. General standards:
a. Operation shall take place only between 7:00am and 6:00pm. b. No outdoor dining or equipment except solid waste receptacles shall be permitted. c. No signage shall be permitted that is not affixed to the truck.
2. Standards for food trucks operating on private property:
a. Property owner permission is required.
b. Food trucks may operate for a maximum of two hours daily on any individual property. c. The food truck and its operation shall not block circulation, emergency access, pedestrian access, or access to other approved uses on the property.
3. Standards for food trucks operating in the public right-of-way:
a. Food trucks shall park only in allowable approved parking areasspaces. Parking and operation on streets or roads with no designated parking is prohibited. b. Food trucks shall not operate on streets with a traffic speed limit of 35mph or above. c. Food trucks shall be stationed so that customer access, sales, and service takes place from the non-roadway and/or sidewalk side of truck. Operation and sales activity shall not cause customers or other pedestrians to enter roadway.
d. Once parked for operation, a food truck shall move within two hours to another location that is at least five hundred feet away.
e. Food trucks shall not operate in or cause customers to encroach into landscaped areas. f. Food trucks shall not operate on or cause customers to encroach onto private property without the property owner’s permission.
g. Operation shall not block sidewalks, crosswalks, or driveways, impede accessibility, or block emergency access on streets or roads or to private properties. h. Parking for food truck operation shall be a minimum of thirty-five feet from any intersection with another public street and shall maintain the vision triangle at all times, as illustrated in Figure 3-7, Article 3 of this title.