City Council Memorandum
TO: HONORABLE MAYO R AND CITY COUNCIL DATE: MARCH 15, 2022 FROM: COMMUNITY & ECONOMIC DEVEL OPMENT WARDS: ALL
DEPARTMENT
SUBJECT: REGULATIONS REGARDING MOBILE VENDING/FOOD TRUCKS
ISSUE:
Consider proposed changes to amend Riverside Municipal Code (RMC) Chapter 5.36 regarding mobile vending/food trucks.
RECOMMENDATIONS:
That the City Council:
1. Approve and adopt an ordinance revising mobile vending/food trucks - Riverside Municipal Code Chapter 5.36.
COMMITTEE RECOMMENDATION:
The Land Use, Sustainability and Resilience Committee met on September 13, 2021, with Chair Plascencia, Vice Chair Fierro and Member Edward s present, to consider regulations for mobile vending/food trucks. After discussion, the Committee unanimously moved to (1) recommend that City Council make a determination regarding hours of operation as indicated in proposed RMC
5.36.065; (2) recommend that a review of the program is implemented one year after implementation; (3) conduct additional vetting with regard to questions about the Business Improvement District and whether there can be language on inclusion of mobile vendors within a BID; (4) prepare options for an ordinance that (a) adds provisions regarding private property, (b) amends language in RMC Secti on 5.36.101 (A), (c) clarifies alle ys and streets, and (d) includes language to allow food trucks in parks, but e xcludes the same parks as those for sidewalk vendors; (5) conduct additional research pertaining to vi ability of food trucks in alleys and (6) prepare a proposed ordinance for City Council consideration.
BACKGROUND:
On May 27, 2021, the Land Use, Su stainability & Resilience Comm ittee (Committee) reviewed and considered four options to amend the Riverside Municipal Code Chapter 5.36 regarding mobile food trucks. Following di scussion, the Committee unanimously agreed to direct staff to draft an ordinance amending Riverside Municipal Code Chapter 5.36 to allow mobile food trucks to operate in compliance with State and County guide lines and return a draft of the ordinance to this Committee in September 2021.
Mobile Vending ● Page 2
DISCUSSION:
Context
Mobile food trucks are motorized vehicles that function as transportable retail food facilities for the sale of food and beverages to the public. They have lower startup costs than traditional fixed locations and provide economic opportunity for entrepreneurial individuals. Mobile food trucks are subject to state and local health standards and are extensively regulated by Riverside County Department of Environmental Health. They mu st obtain a County heal th permit, pass health inspections, and display a certification sticker prominently on the truck. Furthermore, mobile food trucks operating within the Riverside City limits may currently only serve pre-packaged food and must also obtain a City business tax certificate.
State Law
Within the public right-of-way, mobile food vending is protected by California Vehicle Code Section 22455, and the City is able to adopt requirements to regulate the time, place, and manner of mobile food truck operations as needed in the interest of public health and safety.
As to health and sanitation standards, the California Retail Food Code, a division of the Health & Safety Code (H&S), regulates all retail food fac ilities statewide. While it has general rules applicable to all food sellers, it also contains food-truck specific rules. The California Retail Food Code is extensive and contains detailed regulati ons on the training and certification of food handlers; the physical layout of food trucks including materials that can be used; cleaning, storage and resupply procedures and temperatures and handling instructions for various foods.
Compliance with the California Retail Food Code is mandatory throughou t the state, although local jurisdictions may add additional requirements that are not in conflic t with state law. For example, Riverside County has added the “A”, “B”, “C” grading placard for food trucks, the same as in fixed location restaurants.
County of Riverside
There are five categories of a Mobile Food Facility (MFF) that can be permitted:
1. Produce Vehicle: A MFF limited to the sale of whole, uncut produce obtained from an approved source.
2. Prepackaged Food Pushcart: A MFF limited to the sale of 100% prepackaged foods from non-motorized vehicles, which are obtained from an approved source.
3. Prepackaged Food Vehicle: A MFF limited to the sale of 100% prepackaged food from a motorized vehicle (e.g., ice cream trucks).
4. Non-Prepackaged Food Vehicle: A MFF that engages in lim ited food preparation (e.g., shaved ice cart or hot dog cart).
5. Mobile Food Preparation Unit: A MFF that engages in full food preparation (e.g., food trucks).
The County of Riverside must approve the physi cal design and layout of any proposed MFF.
Riverside County Environmental Health issues numbered permits to approved MFF’s that are valid for one year. MFF categorie s 1-3 (above) are in spected once per year; while categories 4 and 5 are inspected twice per year. Food trucks gene rally fall into categor ies 1, 3 and 5. MFF’s Mobile Vending ● Page 3
that pass all of the requirements are issued a numbered Environmental Health Decal, which must be displayed on the outside of the MFF. In this way, inspectors and the public can quickly determine that a particular MFF is approved by the County. Prior to the issuance of a new permit, or renewal of a permit, the MFF must provide:
1. Commissary agreement letter. (Commissaries are approved locations where MFF’s are stored, cleaned, and resuppl ied with food and water. There are currently three commissaries within the Riverside City limits)
2. Commissary schedule.
3. Written operational procedures detailing w here food will be purchased, where it will be prepared, how it will be prepared, and sanitizing procedures.
4. Current route sheets for MFF’s that operate in multiple locations.
5. Proof of annual water tank testing.
6. Proof that all water has been supplied solely from an approved commissary.
7. Approved plan for waste grease and trash disposal.
8. Proof of issuance of food manage r and food handler certifications.
9. A list of food items to be sold from the MFF.
10. Proof of valid driver’s licenses for all proposed drivers and current vehicle registration.
11. Proof of general liability insurance naming the County as an “additional insured”. (Category 5 only.)
Riverside Municipal Code
Riverside Municipal Code Section 5.36.030 (Attach ment 1) currently permits mobile food merchants, which are defined as “any individual t hat operates or assists in the operation of a vending vehicle in the sale, display, solicitation or offer for sale, barter, exchange, gift or otherwise of foodstuffs from a vending vehicle.” Howeve r, pursuant to Section 5.36.070, “no mobile food merchant shall sell, display, solicit, barter, gift, or exchange or otherwise, any item, other than pre- packaged food from a vending vehicle within the cor porate limits of the City of Riverside as set forth in this Code.” This restricts food trucks to the Category 3 MFF’s (above.)
Reasons Commonly Given for Support
Supporters of mobile food trucks cite the success of traditional food vend ing trucks that service locations such as construction sites and factories where there is limited access to restaurants. In a more modern context, food trucks often offer a broader range of innovative dining choices and connect customers through social media platforms. Food trucks can be more affordable for first- time and startup entrepreneurs than brick-and-mortar restaurants. They are particularly popular with young, digitally savvy consumers. The close connection between customers and owners means instant insight into menu and food preferences.
Reasons Commonly Given for Opposition
There are often complaints in communities throughout the country where vending trucks frequent popular areas with well-established brick-and-mortar businesses. These generally fall within the following categories: (1) public safety; (2) community impacts; and (3) economic impacts.
Mobile Vending ● Page 4
Potential Public Safety Concerns
Public safety concerns involve drivers maki ng illegal maneuvers to access food trucks and pedestrians walking into the streets to avoid food-truck customers who are blocking the adjacent sidewalks. Another common safety concern is that parked food trucks obstruct law enforcement officers’ views into area businesses. There are also public safety concerns that are unique to particular areas where the absence of sidewalks can force pedestrians to congregate in the street, placing them at increased risk from vehicular traffic.
Additionally, the Riverside Poli ce Department reports an incr ease in complaints and has responded to numerous disturbing-the-peace incidents during early morning hours in Downtown Riverside, which they attribute to the late-night presence of pedestrian food vendors. The bar patrons who congregate around the food vendors can be loud and have engaged in fights and other malicious behaviors. There remains the possi bility that food tru cks could add additional impacts.
Potential Community Impact Concerns
Community impact concerns focus on security, trash collection, and general public nuisance concerns such as odors permeating the surrounding area, limited access to restroom facilities for both employees and patrons, and proximity and respect for the nearby community.
Potential Economic Impact Concerns
Economic concerns include competition with established brick-and-mortar restaurants that have higher overhead and take up parking in certain areas where food trucks operate.
Community Feedback
To ascertain community interests, staff conducted two virtual community round-table meetings to provide a background of the project to participants and solicit their feedback and perspectives on several topics related to the City’s current sidewalk vending ordinance and future direction of the City concerning food trucks. The first meeting was held on March 25, 2021. This meeting was well attended with approximately 100 participants. T he second meeting was co nducted on April 8, 2021 and attended by approximately 40 participants. During these meetings, three general perspectives emerged from the community and were considered by staff in drafting this report:
1. Some fully supported legalized food tru cks offering cooked food throughout the City;
2. Others supported the concept of food trucks serving cook ed food, but thought that they should be restricted/regulated and allowed to operate only in certain parts of the City that are not serviced by restaurants; and
3. Others felt that a decision on this matter should be postponed for at least 12 months to allow local restaurants a chance to recove r from COVID-19 challenges without also needing to compete with an influx of additional mobile food vending businesses.
In addition to conducting community outreach meet ings, staff also researched several other agency’s codes related to mobile food trucks including ordinances from the following jurisdictions:
Cities of Jurupa Valley, Santa Ana, San Diego, and Lake Elsinore.
Mobile Vending ● Page 5
The proposed ordinance (Attachment 2 – redline vers ion, Attachment 3- clean version) includes all of those provisions discussed by the Committ ee on May 27, 2021 as well as the additional requested amendments as discussed by the Committee on September 13, 2021:
Time Restrictions for Mobile Vending
In order to achieve continuity and equity with the City’s sidewalk vendor ordinance, the proposed hours of operation are aligned with the permitted hours of operation for sidewalk vendors and as requested by the Committee:
1) Sunrise to Sunset in residential zones
2) Sunrise to midnight in all other zones (commercial, industrial)
Finding (A)
The Committee found the language contained in find ing (A) of the existing mobile vending code not to be in alignment with thei r current perspectives on the existence of food trucks in the community. The Committee asked that staff draf t a revised finding that better reflects their acceptance of the role food trucks can play in t he community as well as the potential negative effects that they can cause if not properly regulated.
Existing language:
“Mobile food vending has the potential to pose special dangers to the public health, safety and welfare of residents of the City.”
Proposed language:
“Mobile food vending has the potential to foster an active and social pedestrian environment in communities throughout the City; however vending vehicles can also create certain dangers to public health, safety and welfare if not adequately regulated.”
Street vs. Alley
A “street” or “highway” is defined as the entire width between property lines of every way publicly maintained when any part thereof is open to the us e of the public for vehi cular travel. An alley means any highway having a roadway not exceeding 25 feet in width which is primarily used for access to the rear or side entrances of abutting property. Many alleys in the City and in particular, those in the downtown area, serve residential properties and are designated for one-way. Alleys are also much narrower in width than streets or highways. In addition, many alleys are utilized by delivery trucks for the occasional loading/unloading of goods. Current RMC 10.52.075 states:
“No person shall stop, stand, or park a vehicle for any purpose or length of time other than for expeditious unloading and delivery or pickup and loading of passengers or materials in any alley.”
Due to the potential for food trucks to inhibit or block access in alleyways, create traffic and pedestrian safety issues, cause sight obstructions, etc., staff would not recommend exempting food trucks from the existing alley parking restrictions.
Food Trucks in Business Improvement Districts
Mobile Vending ● Page 6
Businesses that register their place of business in a Business Improvement District (BID) are automatically charged BID fees and become members. This would apply to food truck businesses as well if the business location itself fell within a BID. There is no current requirement for food trucks, or any other transitory or mobile businesses that operate in BIDs on occasion, to pay fees and join the BID unless, again, t heir business is registered withi n the boundary of t hat BID. The RMC currently regulates BIDs in separate sections of the municipal code specific to each established BID. There may be a path to requiring mobile business to register in a BID, but such provisions should be addressed in those sections of the RMC that regulate the BIDs since this topic has a broader scope than just food trucks.
Food Trucks on Private Property
Permitted land uses on private property are regul ated by Title 19 – Zoning of the Riverside Municipal Code. Operation of food trucks on private land would typically be regulated by Title 19 to address potential impacts on surrounding properti es and ensure that the use adheres to established development standards and guidelines.
During the course of business, food trucks so metimes operate on private property (e.g., at construction or industrial/office sites for meal service). In re cognition of this, the Committee requested that the proposed Title 5 changes address intermittent activity with minimal permitting requirements on food truck operators.
Per the Committee’s request, temporary and periodic visits by food trucks have been included in the RMC Chapter 5.36 recomm ended changes which would allow no more than 2 vending vehicles on any private lot in the O-Office, CG- Commercial General, CR – Commercial Retail, CRC – Commercial Regional Center, MU-V – Mixed-Use Village, MU-U – Mixed-Use Urban, BMP – Business and Manufacturing Park, I – General Indus trial, AI – Air Indu strial Zone and AIR – Airport Zones, as defined in Title 19, and any zone within a Specific Plan that allows commercial uses. Permission from private property owners would be required. In addition , no overnight parking of a food truck would be allowed and there are requirement s for two off-street parking spaces. Any food truck operations on private land beyond the recommendations in RMC Chapter
5.36 ordinance would require additional permits.
Park Restrictions
To align the City’s proposed food truck ordinanc e with the existing sidewalk vending ordinance governing pedestrian and stationar y vendors, the Committee re commended that the same restrictions apply to food trucks as those for sidewalk vendors. The following rules are proposed to prohibit food trucks from operating within their boundaries:
1. Food trucks/mobile vendors in public parks are prohibited from vending in City parks where the City Manager or hi s or her designee has signed an agreement for concessions that exclusively permit the sale of food or merchandise by the concessionaire.
2. Mobile/food truck vending is prohibited at the following regional reserve/open space parks:
a. Box Springs Mountain Open Space.
b. Challen Park Open Space.
c. Mount Rubidoux Park and San Andreas Avenue/Glenwood Drive between Tequesquite Avenue and Fourteenth Street.
d. Pachappa Hill Open Space.
e. Quail Run Open Space.
f. Sycamore Canyon Wilderness Park.
Mobile Vending ● Page 7
STRATEGIC PLAN ALIGNMENT:
Strategic Priority: 3. Economic Opportunity - Champion a thriving, enduring economy that provides opportunity for all.
Goals:
3.1 - Facilitate partnerships and progr ams to develop, attract and retain innovative business sectors.
3.3 - Cultivate a business cl imate that welcomes innov ation, entrepreneurship, and investment.
3.4 - Collaborate with key partners to implement policies and programs that promote local business growth and ensure equitable opportunities for all.
1. Community Trust – This item has been vetted through numerous Committees with robust public comment. In addition, two community roundtable meet ings were held to solicit feedback from all stakeholders. Staff continues to engage community and team members on a regular basis regarding food trucks. Th e community meetings were marketed via e- mail blasts to constituent groups and the Greater Riverside Chambers of Commerce, direct messages to advocacy groups, and via Council newsletters. Roundtable meetings and Committee Meetings were conducted in both English and Spanish.
2. Equity – This item is being undertaken to provide equal entrepreneurship opportunities for segments of the business community that have been highly regulated and restricted. Food trucks can serve as not only a means to provi de income, but a means to deliver food to underserved or socio-economically disadv antaged segments of the community. Another often overlooked aspect of food trucks is that not only does it open a pathway for new entrepreneurs, it also creates opportunities for existing brick and mortar establishments to branch out and expand their busi ness footprint. Spanish translation services have been provided throughout the meeti ngs at the City Council s ub-committee and community workshops.
3. Fiscal Responsibility – Increased food truck activity in the City of Riverside can potentially generate additional sales tax and permit fee revenue. In addition, it can potentially attract additional visitors to areas such as the Do wntown Entertainment District by providing additional dining options, thereby further increasing sales tax revenue for area businesses.
4. Innovation – The “street food” culture is a growing trend in many progressive areas of the country. Providing a regulatory framework that encourages this entrepreneurship while still safeguarding the public’s health, safety and welfare would place Riverside among those model cities that are beginning to incorporate this “street food” culture into their downtowns.
In addition, food trucks are a popular vehicle for serving quick meals to crowds. This provides an option for residents and workers to enjoy a quick meal with friends, family and colleagues. In many regions, food trucks are test kitchens featuring dishes made with constantly changing local ingredients.
5. Sustainability & Resiliency – Expanding food options meet s current demands for food options without compromising the needs of the future. Food trucks enjoy a degree of popularity, and this economic opportunity will positively impact the City’s capacity to Mobile Vending ● Page 8
persevere, adapt and grow.
FISCAL IMPACT:
There is no fiscal impact associated with the receipt of this report. However, an increase in the prevalence of food trucks might result in an increased workload for numerous affected City departments. Depending on the sc ope of the program, additional staff may be required for enforcement and compliance operations.
Prepared by: David Welch, Community & Economic Development Director Certified as to
availability of funds: Edward Enriquez, Chief Financial Officer/City Treasurer Approved by: Rafael Guzman, Assistant City Manager
Approved as to form: Phaedra A. Norton, City Attorney
Concurs with;
___________________________
Gaby Plascencia, Chair
Land Use, Sustainability and Resilience Committee
Attachments:
1. Existing RMC 5.36 – Mobile vending
2. Proposed ordinance (redline)
3. Proposed ordinance (clean)