Item Coversheet

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE AUTHORITY

Subject:Direction from the City Council Regarding the Development of a Food Truck Regulatory Ordinance
Meeting Date:March 21, 2019
From:Marissa Trejo, City Manager
Prepared by:Sean Brewer, Community Development Director


I.    RECOMMENDATION:

There is no recommendation at this time as this is a future agenda item requested by Councilman Adkisson. Staff is requesting direction from the City Council regarding the possibility of developing regulations for food trucks. 



II.    BACKGROUND:

Current regulation in place prohibits the ability for food trucks to operate in the City. There is currently a policy that allows food trucks to operate at the City parking lot on particular dates and times. The Planning Commission and City Council have reviewed food truck regulations in the past however the discussions led to the food truck policy currently in place. 



III.   DISCUSSION:

In an effort to solicit discussion, the Community Development Department has provided some information that has been discussed in the past with both the Planning Commission and City Council.  

 

With the recent approval of the street vendor ordinance the new definitions for a mobile vendor and mobile vendor vehicle will read as follows:

 

Mobile vendor. Any person that sells, or causes or allows another, whether as an employee or as an independent contractor leasing or renting equipment, to sell any food, drinks or merchandise on any street, or alley, by means of automobile, truck or any other registered vehicle or vessel. This does not include vendors vending from a public sidewalk (See Sidewalk Vendors Section 9-5.130). Mobile vendors must obtain a business license from the City of Coalinga prior to the start of business operations. Mobile Vendor shall not mean any person operating under a concession agreement or other agreement with the city as a party to the agreement. A mobile vendor is different from a peddler, who visits private residences to sell goods, as defined and regulated in Title 5, Chapter 9 of the Coalinga Municipal Code.

 

Mobile vendor vehicle. An automobile, truck or any other registered vehicle or vessel used by mobile vendors to sell their food, drinks or merchandise. Mobile vendor vehicle shall not include delivery vehicles used to transport food or drink from a store having a valid food permit to a customer's home or a vehicle transporting food or drink from a wholesale establishment to a retail outlet.

 

NOTE: The term Food Truck could be worked within the definition of mobile vendor or create a separate section for Food Trucks (temporary food facility) since the current definition only addresses public rights of way and mobility of vehicles not stationary placement.

 

Attached is a copy of regulations that are applicable to mobile vendors and how they are implemented today. In addition to the City’s existing regulation, staff has attached several different ordinances that have been adopted by different cities and counties regulating food trucks and mobile vendors.

 

Within the attached and linked ordinances, there are few things that may want to be considered during an ordinance development:

 

  • Approval Process and/or Permit Type if any (Administrative, Planning Commission Approval, Conditional Use Permit or Temporary Use Permit)
  • Location/Zones Permitted (industrial, commercial, residential zones, vacant lots, existing businesses, on the street, parking lots, ect.)
  • Time Limitations
  • Distance from existing brick and mortar restaurants and residences
  • Utilities (self-sufficient, can then hook up?)
  • Parking Standards (surface type, length of time, vacant lots or existing business, ADA Accessibility)
  • Shall alcohol be permitted?
  • Hours of Operation
  • Noise Standards (music, loud speakers, sound from vehicle while driving)
  • Signage (on site signage, free standing and vehicle signage)
  • Type of Vehicle (self-propelled)
  • Concentration of Vendors
  • Ability to use tables, chairs, and canopy’s
  • License and Insurance Requirements (County Health Department, State, Local, General Liability)
  • Toilet and Handwashing Station Requirements (if stationary for more than 1 hour or provides open air BBQ)
  • Trash and Site Cleanliness
  • Maintenance of Vehicles

 

Below are some links and attachments to various food truck ordinances as well as which ordinances are located in the attached document.

 

City

Code

Link

Benicia

17.70.380

Section 17.70.380

Turlock

9-2-124

Ordinance attached

Los Banos

9-3.3602

Ordinance attached

Victorville

16-3.07.050

Link

Davis

22.05.210

Flyer in attachment

Colma

5.03

Link

Emeryville

5.27, 9-2.104, 9-7.606

Ordinance in attachment

Claremont

8.04

Ordinance in attachment

Indian Wells

Ord 680

Ordinance in attachment

Citrus Heights

106.42.250

Ordinance in attachment



IV.   ALTERNATIVES:

None at this time.

V.    FISCAL IMPACT:

ATTACHMENTS:
File NameDescription
Citrus_Heights_Staff_Report.pdfCitrus Heights Staff Report
Citrus_Heights.pdfCitrus Heights Ordinance
Claremont.pdfCity of Claremont
Davis_MobileFoodVendorRequirements_Final.pdfDavis MobileFoodVendorRequirements_Final
Emeryville_Planning_Regulations_-_Temporary_Uses.pdfEmeryville Planning Regulations - Temporary Uses
Emeryville_Sidewalk_and_Street_Vendor_Regulations.pdfEmeryville Sidewalk and Street Vendor Regulations
Indian_Wells.pdfIndian Wells
Los_Banos.pdfLos Banos
Turlock.pdfTurlock
Coalinga_Mobile_Vendors_and_Temporary_Uses.pdfCoalinga Mobile Vendors and Temporary Uses