BEFORE THE CITY COUNCIL OF THE CITY OF FORT BRAGG
AN ORDINANCE REPEALING AND REPLACING SECTION 10.20.150 (MOBILE VENDING - PERMIT - REQUIRED) AND SECTION 10.20.155 (PARKING OF MOBILE VENDING VEHICLES - PERMIT - LIABILITY INSURANCE REQUIREMENTS) OF CHAPTER 10.20 (STOPPING, STANDING AND PARKING) OF TITLE 10 (VEHICLES AND TRAFFIC) OF THE FORT BRAGG MUNICIPAL CODEAN ORDINANCE REPEALING AND REPLACING SECTION 10.20.150 (MOBILE VENDING - PERMIT - REQUIRED) AND SECTION 10.20.155 (PARKING OF MOBILE VENDING VEHICLES - PERMIT - LIABILITY INSURANCE REQUIREMENTS) OF CHAPTER 10.20 (STOPPING, STANDING AND PARKING) OF TITLE 10 (VEHICLES AND TRAFFIC) OF THE FORT BRAGG MUNICIPAL CODEORDINANCE NO. XXXX-2026 AN ORDINANCE REPEALING AND REPLACING SECTION 10.20.150 (MOBILE VENDING - PERMIT - REQUIRED) AND SECTION
10.20.155 (PARKING OF MOBILE VENDING VEHICLES - PERMIT - LIABILITY INSURANCE REQUIREMENTS) OF CHAPTER 10.20 (STOPPING, STANDING AND PARKING) OF TITLE 10 (VEHICLES AND TRAFFIC) OF THE FORT BRAGG MUNICIPAL CODE AN ORDINANCE REPEALING AND REPLACING SECTION 10.20.150 (MOBILE VENDING - PERMIT - REQUIRED) AND SECTION
10.20.155 (PARKING OF MOBILE VENDING VEHICLES - PERMIT - LIABILITY INSURANCE REQUIREMENTS) OF CHAPTER 10.20 (STOPPING, STANDING AND PARKING) OF TITLE 10 (VEHICLES AND TRAFFIC) OF THE FORT BRAGG MUNICIPAL CODE WHEREAS, food trucks and other forms of mobile vending continue to be an important economic opportunity for local entrepreneurs and a popular service for locals and visitors; and WHEREAS, mobile vending in Fort Bragg is currently regulated by Fort Bragg Municipal Code, Chapter 10.20, Sections 10.20.150 and 10.20.155; and WHEREAS, the City circulated a community survey to inform discussions and recommendation of the Community Development Committee on revisions to this ordinance, holding three meetings on the subject; and WHEREAS, the Fort Bragg Planning Commission reviewed the Community Development Committee’s recommendations on proposed changes to mobile vending regulations and following public comment provided recommendations; and WHEREAS, the City Council has reviewed the proposed changes to mobile vending regulations and determined that they should be updated to facilitate mobile vending consistent with the character of the community by supporting local businesses and attracting a variety of local business ownership, while ensuring that mobile vending will not be detrimental to the public interest, health, safety, convenience, or welfare; and WHEREAS, a new set of regulations has been prepared for mobile vending that will allow Mobile Vending Units to operate safely within the public right of way; and WHEREAS, the proposed regulations address mobile vending on public and private property and on sidewalks; and WHEREAS, the proposed regulations establish limits on the location and zoning districts for Mobile Vending Units, and further regulate the operation, unit design, use of accessory equipment, compliance with Mendocino County Health Department's required use of a Commercial Kitchen for all food prep and vehicle cleanup and the use of a Certified Disposal Facility, and garbage and recyclable collection associated with Mobile Vending Units; and WHEREAS, the City Council has determined that the following changes should be made to Chapter 10.20 of the Fort Bragg Municipal Code to establish new mobile vending regulations and to provide for consistency, accuracy and ease of use by the City's staff and citizens.
WHEREAS, adoption of this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Existing Facilities), 15304 (Minor Alterations to Land), and 15311 (Accessory Structures). The proposed ordinance establishes definitions and updates existing operating standards. Operating standards ensure that mobile vending will not result in a significant effect on the environment.
NOW, THEREFORE, the City Council ordains as follows:
Section 1. The City Council hereby finds as follows:
1. The Recitals set forth above are true and correct and incorporated herein as findings.
2. City of Fort Bragg Municipal Code sections 10.20.150 and 10.20.155 have been reviewed to identify necessary changes to ensure that Mobile Vending Units (MVU) go through a permitting process to ensure that MVUs are effectively regulated so that they will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
Amending sections 10.20.150 and 10.20.155 in the manner described in this ordinance is in the public interest for it will ensure that MVUs are effectively regulated so that they will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
There is no possibility that the adoption of this ordinance will have a significant impact on the environment, and therefore, the adoption of this ordinance is exempt from the California Environmental Quality Act ("CEQA"), pursuant to Section 15301(e) (minor alteration to existing facilities) and 15311(c) (mobile food units) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations).
Section 2. Section 10.02 (Definitions) is hereby amended with the addition of the following terms:
10.02.10 DEFINITIONS
CERTIFIED DISPOSAL FACILITY. A facility that accepts liquid waste from Mobile Vending Units that includes an oils/fats/grease separator and is connected to the City's Waste Water Treatment Facility.
COMMERCIAL KITCHEN. A kitchen that complies with the California Retail Food Code and any subsequent update to that code.
DIRECTOR. The Community Development Director or his or her designee.
MOBILE VENDING (MV). A business that engages in the sale of food, fruits, and/or drinks for immediate consumption from a mobile vending unit or the sale of flowers from a mobile vending vehicle or sidewalk vending.
MOBILE VENDING VEHICLE (MVV). Any vehicle, as the term is defined in the mobile vehicle code, from which food, drinks, or merchandise is sold or offered for sale.
SIDEWALK VENDING (SV). Sidewalk vending means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.
Section 3. 10.20.150 Mobile Vending - Permit - Required is hereby replaced in its entirety with the following:
10.20.150 MOBILE VENDING VEHICLE AND SIDEWALK VENDING - PERMIT- REQUIRED.
Purpose. California vehicle code 22455 allows municipalities to regulate mobile food vending to protect public safety and to regulate the type of vending and the time, place and manner of vending. A mobile vending vehicle permit and a Sidewalk Vending Permit provides a process for reviewing mobile vending activities, location(s), design, operation and hours that may be appropriate in an applicable zoning district, but whose effect on the site, surroundings, pedestrian and vehicular traffic and parking cannot be determined before being proposed for specific site(s), rights of way and/or sidewalk(s).
Applicability. Except as otherwise provided in this section, no person shall stand or park any mobile vending vehicle (MVV) or engage in sidewalk vending (SV) on any portion of any street or sidewalk within the City without first obtaining the applicable permit from the Community Development Department. Vending of merchandise other than food, drinks and flowers is prohibited in Fort Bragg, except as otherwise permitted by law or regulation. The provisions of this subsection shall not apply to persons delivering the articles upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution.
Review Authority. Mobile vending vehicle permit applications and sidewalk vending permit applications shall be approved or disapproved by the Director. Appeal of the Director's determination may be made to the Planning Commission, pursuant to Chapter 1.08 of this municipal code.
Application Requirements.
For Mobile Vending Vehicles (MVV):
The proposed location(s) and/or route(s) on which the MVV are proposed to be located; Detailed scale drawings of the MVV to be used, material specifications, and an isometric drawing in color of at least two views showing all four sides of the MVV and any logos, printing or signs which will be incorporated and utilized in the color scheme; and Proposed site furniture associated with the MVV (if located on private property).
A schedule of proposed hours of operation and items for sale.
Evidence of a permit from the county health department for the sale of food or beverages, as may be required.
Evidence of proof of commercial general liability insurance, as required.
A copy of state issued identification with photo identification and taxpayer identification number.
For Sidewalk Vending (SV):
The proposed specific location(s) and or route(s) on which the sidewalk vending is proposed to be located; and Scale drawings (dimensions) of any display, signage or site furniture to be used.
Application Fee. The mobile vending vehicle permit fee will be set through the City's fee resolution and updated from time to time.
Annual Fee. An annual mobile vending vehicle fee shall be charged as part of the business license fee to cover the City costs, encroachment permit costs and parking permit fees associated with mobile vending vehicles on public property. The fee will be set through the City's fee resolution and updated from time to time.
Permit Term. Mobile vending permits on public property shall be limited to a one-year term. Mobile vending vehicle permits located on private property shall be limited to a two-year term.
Permit Findings, Decision and Revocation. MVVs and SVs shall adhere to all regulations of Section 10.20.150 and 10.20.155 of the Municipal Code. The Review Authority shall require that the project, as proposed or with changes resulting from the review process and/or conditions of approval, complies with all applicable regulations identified in Section 10.20.150 and 10.20.155.
Permit Findings.
MVV permits may be approved, conditionally approved, or disapproved according to the following findings:
The location(s) will not result in traffic visibility issues; The location(s) will not remove parking spaces on Main Street; The location(s) will not be located directly in front of an existing business and interfere in business operations; and iv. The location(s) will not interfere in the quiet enjoyment of residential units.
SV permits may be approved, conditionally approved, or disapproved according to the following findings:
The location(s) will not hamper ADA access;
The location(s) will not interfere with the public's use and enjoyment of natural resources and recreational opportunities; and Permit Notification.
MVV: All property owners and business owners within 300 feet of a proposed MVV location shall be notified, in accordance with the City's Minor Use Permit process, of the application for a mobile vending permit and pending decision..
SV: No public notice is required for Sidewalk Vending Permits.
Effective Date.
MVV: A mobile vending vehicle permit decision shall become effective on the tenth day after the decision, unless an appeal is made to the Planning Commission.
SV: A sidewalk vending permit decision shall become effective and final immediately following approval from the Director.
Special Conditions. The Review Authority may require any reasonable and necessary conditions of approval to ensure compliance with the requirements of Section 10.20.150 and 10.20.155 of the Municipal Code.
Revocation. The Review Authority may revoke, suspend, modify a permit issued under this section, or may deny the renewal thereof if: 1) the permittee has violated or failed to meet any of the provisions of Section 10.20.150 or 10.20.155 or condition of approval of the subject permit; 2) any required permit or other governmental approval required by applicable law or regulation has been suspended, revoked or canceled; 3) the permittee does not have insurance that meets permit requirements; 4) the Director finds that any information supplied by the applicant upon which issuance of permit was based to be false; or 5) a finding by the Director that the permitted operation is a detriment to public health, safety or welfare.
Transferability. A mobile vending permit may be transferred with the business license for the operation of an MVV or SV, however the new owner must satisfy all City insurance requirements and other permitting requirements.
Mobile Vending Vehicle Standards. All MVVs shall adhere to the following standards.
Location. MVVs shall be permitted only within commercial and industrial (CBD, CG, CH CO, IH and IL) zoning districts, with the following further restrictions:
MVVs are not permitted on Main Street public right of way in any zoning district.
MVVs are not permitted in any Parks and Open Space, Residential or Public Facilities or in the Neighborhood Commercial (CN) zoning districts unless it is part of an approved school district event or part of an event that has been approved under a Limited Term Permit.
MVVs are not permitted within two hundred (200) feet of a special event that has received a Limited Term Permit, unless approved as part of that Limited Term Permit.
Time. MVVs are prohibited between the hours of 2:30 A.M. and 6:00 A.M.
Operations. All items to be sold must involve a short transaction period to complete the sale and be easily carried by pedestrians. MVVs must not cause congestion or block vehicular or pedestrian traffic, nor cause undue noise, litter, or offensive odors.
Accessory Equipment. MVVs shall be entirely self-contained. No external storage, power (generator), piping or plumbing is allowed. An external generator is permitted in a tow vehicle, provided the operation does not conflict with the quiet enjoyment of property within 300 feet.
Garbage and Recyclable Collection. MVV operators shall provide for collection and recycling of compostable material, recycling and trash on site. MVV operators shall clean up all trash associated with their operation and sales every two hours.
Design. The design, materials and colors of the MVV shall be considerate of the immediate surroundings of the proposed location. Graphics and signage shall be appropriate for the immediate surroundings and to the product(s) being sold.
Signage. MVV signage shall not exceed twenty-five (25) square feet.
Formula Business. The location, scale, and appearance of formula business MVVs must be consistent with the small town, rural character of Fort Bragg.
Health Department Requirements. All MVVs shall obtain required permits from Mendocino County Health Department and comply with all requirements therein, including the use of a Commercial Kitchen for all food preparation and vehicle cleanup and the use of a Certified Disposal Facility to dispose of all kitchen waste into the sanitary sewer. The Certified Disposal Unit must comply with the City's Fats, Oils, and Grease program.
Additional Standards for Mobile Vending Vehicles on Public Property. In addition to the standards above, all MVVs on public property shall adhere to the following additional requirements and standards.
MVV operators must obey all parking limits on City streets, unless otherwise permitted to park in a Designated Mobile Vending Location as part of the Mobile Vending Permit.
All MVVs located on public property are required to obtain an encroachment permit.
Additional Standards for Mobile Vending Vehicles on Private Property. In addition to the General MVV Standards above, MVV on private property shall adhere to the following additional requirements and standards.
The setback requirements of the underlying zoning district shall apply to MVUs located on private property for longer than two (2) hours per day.
Tables, benches, trash cans, canopies and other site furniture shall be reviewed for setback conformance and design compatibility as part of the Mobile Vending Permit process.
Sidewalk Vending Permit Standards. All Sidewalk Vending shall adhere to the following standards.
Location.
Zoning Districts: SV is permissible in all commercial zoning districts per State Law. Stationary SV shall be prohibited in areas that are zoned exclusively residential, however roaming sidewalk vendors are allowed in residential zoning districts per State Law.
Events: Both stationary and roaming SV are not permitted within two hundred (200) feet of a special event that has received a Limited Term Permit, unless approved as part of that Limited Term Permit.
Parks: SV is not permitted in Noyo Headlands Park, Pomo Bluffs Park, Otis Johnson Park and Wiggly Giggly Park, as it interferes with the public's use and enjoyment of the natural resources and recreational opportunities of these facilities. SV is permitted within Bainbridge Park with a SV Permit, per State Law.
Operations. All items to be sold must involve a short transaction period to complete the sale and be easily carried by pedestrians. SVs must not cause congestion or block vehicular or pedestrian traffic, nor cause undue noise, litter, unsanitary conditions or offensive odors.
Accessory Equipment. SV equipment shall be entirely self-contained. No external storage, power (generator), piping or plumbing is allowed.
Garbage and Recyclable Collection. SVs shall provide for collection and recycling of compostable material, recycling and trash on site. SVs shall clean up all trash associated with their operation and sales every two hours.
Signage. Signage shall not exceed four (4) square feet.
Health Department Requirements. All SVs shall obtain required permits from Mendocino County Health Department and comply with all requirements therein.
ADA Compliance. The use of the public sidewalk for pushcart vending must be compliant with the Americans with Disabilities Act (ADA) accessibility. In making this determination, the Community Development Director shall consider the width of sidewalk, the proximity and location of existing street furniture, including, but not limited to, signposts, lamp posts, benches, street trees, and trash cans to determine whether the proposed use would result in a loss of ADA accessibility.
Section 4. 10.20.155 Parking of Mobile Vending Vehicles - Permit- Liability Insurance Requirements is hereby replaced in its entirety with the following:
10.20.155 PARKING OF MOBILE VENDING VEHICLES - PERMIT - LIABILITY INSURANCE REQUIREMENTS.
Before any MVV permit or SV permit is issued pursuant to Section 10.20.150 on public property (in the right of way or at any park as part of a Limited Term Permit event), the applicant for such a permit shall be required to file with the City for an encroachment permit, and therefore keep in full force and effect, policies of insurance as set forth in the City’s Administrative Regulations as from time to time may be amended.
Section 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Fort Bragg hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional.
Section 4. Effective Date and Publication. This ordinance shall be and the same is hereby declared to be in full force and effect from and after thirty (30) days after the date of its passage. Within fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause a summary of said Ordinance to be published as provided in Government Code §36933, in a newspaper of general circulation published and circulated in the City of Fort Bragg, along with the names of the City Council voting for and against its passage.
The foregoing Ordinance was introduced by _____________ at a regular meeting of the City Council of the City of Fort Bragg held on _____, 2026 and adopted at a regular meeting of the City of Fort Bragg held on _____, 2026 by the following vote:
AYES: NOES: ABSENT: ABSTAIN: RECUSED:
____________________________________
Jason Godeke,
Mayor
ATTEST:
_____________________Diana Paoli
City Clerk
PUBLISH: ___________ and ____________ (by summary).
EFFECTIVE DATE:____________.
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