CITY OF SAN MATEO
CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 16 Section Name: NEW BUSINESS Account Number: 26-3134 File ID: 26-12648 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: October 19, 2026
SUBJECT:
Options for Food Truck Operations on Private Property — Policy Direction STUDY SESSION:
Receive a presentation and provide direction to staff on policy options for regulating food truck operations on private property and updated collaboration efforts with San Mateo County Health for public street food vendors.
BACKGROUND:
Over the past few years, there has been increased interest in how and where food trucks and mobile vendors operate in and around the City of San Mateo. This past year (Fiscal Year (FY) 2025-26) the City Council prioritized the issue for further assessment. On September 15, 2025, Council held a study session to review policy options for regulation and enforcement of rules related to food trucks and street food vendors utilizing pushing carts, setting up tents, and operating on private property, public sidewalks and streets, and in City parks. Following public comments and discussion, Council directed staff to explore options to enhance enforcement using existing rules and regulations, including strengthening collaboration and communication with the San Mateo County Health Department (County Health) regarding food vendor permits, and to explore including language in the City’s state legislative platform that would give local jurisdictions greater ability to enforce their own mobile vending ordinances.
Building on this topic, at the “Blue Sky” Goal Setting Workshop on February 7, 2026, Council included a priority for FY 2026-27 to research Zoning Code and policy options for regulating food vending on vacant lots and present results to City Council. This priority was added to the City’s Strategic Plan as SMART Activity No. 46 – “Present a report on the implementation of Council directives regarding food vendors by February 2027. This includes researching Zoning Code and policy options for regulating food vending and related temporary uses on vacant lots.” Since work is already underway on Comprehensive Zoning Code Update (CZCU), staff incorporated this priority into the code and policy review happening as part of this effort. Background research on this topic included a review of the City’s existing regulations and research into the food truck and mobile vending ordinances from other jurisdictions. Based on this research, staff has compiled a list of policy questions for City Council consideration regarding potential rules for food truck to be allowed to operate on private property.
Current Regulations
Currently, the City regulates Open Air Vendors on private property as defined and codified in San Mate Municipal Code (SMMC) Chapter 27.67. Open Air Vendors do not include motorized vehicles/food trucks. The past study session on September 15, 2025, addressed Open Air Vendors, which are non-motorized, and non-stationary carts vending on private property. This report focuses on motorized, non-stationary trucks vending on private property and how it could be regulated if the Council is interested in allowing the use in San Mateo.
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There are some existing regulations in the SMMC, which apply to all mobile food vendors. The SMMC requires all businesses that operate within the City obtain a business tax certificate (BTC) and the County Health Department requires a health permit for all mobile food vendors, both of which apply to food truck operators. Although State law does not limit the regulation of food truck operations on private property, when they operate on a public street, the City’s ability to enact time, place, and manner regulations is limited by the California Vehicle Code.
Generally, the following SMMC regulations are most closely related to food trucks and other similar businesses operating on private property:
• Open Air Vendors (SMMC Section 27.67.020). Open Air vendors are limited to “persons who sell prepared food, fresh cut flowers or plants from a stand or non-motorized, non-stationary cart or pushcart on private property.” These vendors must receive a Special Permit from the Planning Commission, are not allowed to operate on vacant unimproved property, and must be considered an accessory use to the primary use onsite. They are only allowed to operate on commercial, executive, and CBD zoning districts. Open Air Vendors are expressly prohibited from vending from motorized vehicles under SMMC Section 27.67.060(c). • Vacant Lots (SMMC Section 7.48.030(a)(3)). Vacant lots are permitted to have an agreement between the property owner and a third-party community group or non-profit entity that permits the third-party temporary use of the vacant lot for community purposes subject to approval by the Director of Community Development. • Central Business District Conditions of Use (SMMC Section 27.38.040(e)). In the Central Business District (CBD) zone, “All uses, including storage of equipment, materials, supplies, and commercial vehicles for off-site business permitted under this chapter shall be conducted wholly within an enclosed building, except as may be specifically authorized by special use permit or as an accessory use to an approved permitted or special use.” This section may provide a path for accessory uses or food trucks to operate on private property after receiving a Special Use Permit in the CBD zone.
• Temporary Use Permits (SMMC Section 27.74.030). The Zoning Administrator may approve a temporary use permit for mobile food vendors, but the temporary use permit has specific criteria for a business to operate including time limits (not to exceed 30 calendar days) and that the use will not be permanent. This permit has generally not been applied to food trucks in the past, but may potentially be applied for food trucks that do not intend to use a site for more than 30 calendar days.
• Home Kitchens (California Health and Safety Code Section 113825). Outside the SMMC, the State’s 2018 Microenterprise Home Kitchen Operations (MEHKO) Act prohibits cities from enforcing their zoning regulations against home restaurants under certain criteria, such as limiting sales to 60 individual meals per day and selling directly to consumers (no sales to wholesalers or retailers).
More information on how the City regulates and enforces food vendors across all modes (trucks, sidewalk vendors, nonmotorized carts, etc.) can be found in the agenda report presented to City Council on September 15, 2025.
Enforcement Protocol and Existing Challenges
Currently, the Code Enforcement Division (CE) takes the lead in responding to all complaints related to sidewalk vendors and food trucks, with support provided by the Police Department, Parks and Recreation (Park Rangers), Fire Department and County Health inspectors as appropriate.
Most code enforcement complaints relating to food trucks are about the trucks staying in one location for a long period of time and attracting lines of customers. Oftentimes, the food trucks receiving these complaints are parked near brick-andmortar restaurants, City parks, and/or on residential streets. The City is able to enforce based on objective violations that are unrelated to the act of food vending, including violations such as obstruction of a public sidewalk or a non-permitted electrical connection (running extension cables from buildings). Because food trucks are not protected by SB 946 (the Safe Sidewalk Vending Act, which prevents cities from imposing blanket bans on sidewalk vendors), CE can and does enforce
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when violations occur during normal business hours. When a violation is observed, CE follows its usual procedure of issuing warnings and then administrative citations.
Since most food vending takes place during nights and weekends, CE staff are not available to issue citations for violations.
Consistent enforcement would require additional resources; either additional CE staff to work nights and weekends, or the Police Department to more actively enforce this activity and issue citations.
These complaints typically, although not exclusively, are not related to food trucks operating on private property. More details about enforcement protocol and challenges can be found in the September 15, 2025 agenda report.
Over the past year, CE has continued to respond to concerns from residents and businesses about mobile food vendors.
The majority of complaints, however, have not been about food trucks but about non-motorized vendors, such as barbeques, grills, tents, and trailers. Even when complaints have involved food trucks, Code Enforcement (CE) has found it easier to bring them into compliance for the following reasons:
• Unlike non-motorized food vendors, food trucks are not protected by SB 946, which allows the City to cite them under existing codes, if necessary.
• Food trucks often have a business tax certificate and a health permit, so that even when a permit is expired, it is easy for CE to work with the operators to get it renewed. • Because of the permits, truck operators’ identities are known to CE; this too facilitates communication and enforcement, when necessary.
• Food truck operators seek stability, and once they find a convenient location, they tend to stay so that returning customers can find them. They see themselves as restaurants on wheels, while vendors with tents, trailers, or mobile grills can take off and relocate on short notice.
Because of these factors, food trucks tend to be more cooperative with CE. The following examples demonstrate the dynamic:
• A resident on Peninsula complained about a food truck parked under their balcony, emitting strong smells into her apartment. CE made contact with the operator, and the truck moved away voluntarily within 30 minutes. • A food truck operated for more than a year on a private vacant lot with property owner permission. CE received complaints from a resident across the street about generator noise, especially at night. CE responded on multiple nights, but the noise coming from the generator did not violate the City’s Noise Ordinance. Still, CE facilitated cooperation between the resident and the truck, and a unique solution was found. The resident constructed a sound-insulated board to block off the noise, and he gave it to the truck owner. The truck operator diligently set up the board every night to minimize disturbance, and the resident was satisfied with the result.
These are examples showing the relative ease of working with food trucks to enforce City codes and rules as compared with non-motorized vendors.
DISCUSSION:
This discussion is focused on providing policy options for Council consideration related to the regulation of food truck operations on private property, with a focus on vacant lots. As part of the background research for this topic, staff reviewed the food truck and mobile vending ordinances from South San Francisco, Long Beach, City of Orange, San Diego, Oakland, City of Alameda, Stockton, Mountain View, Redwood City, and Portland, Oregon, to identify considerations and track best practices. From this research, staff has identified both essential components of a potential food truck policy required by State and local regulations, and components that Council may consider as a matter of policy.
Essential Components
If Council is interested in moving forward with new food truck regulations that allow for operations on private property, staff proposes that those regulations include standard components. These include requiring a permit from the San Mateo County Health Department, a City of San Mateo Business Tax Certificate (business license) and documentation confirming
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property owner permission to operate onsite; the ability of the Community Development Director to revoke the permit if the business is found to be a public nuisance; and standards for lighting, signage, trash disposal, and noise. Alcohol sales are under the purview of the California Department of Alcohol Beverage Control (ABC) and are generally not permitted out of food trucks.
Policy Considerations
If Council is interested in pursuing a policy that will allow for food truck operations on private property, staff recommends that the following policy questions be considered.
Location
1. Some cities, like Long Beach and Mountain View, do not permit food trucks to operate on vacant lots.
However, food truck operations on a vacant lot may help activate an otherwise unused parcel. Furthermore, the staff is also exploring a permitting process for allowing food trucks to operate on lots with existing uses such as business parks and shopping centers as part of the CZCU. (This type of use has been approved by the City before).
2. Expanding on this, staff is exploring the option of creating a “food truck park” or similar grouping for the CZCU.
For example, the City of Portland, Oregon has a process to create “food truck pods,” and another local example would be Spark Social that operates in San Francisco.
3. Generally, food trucks in other jurisdictions tend to be permitted in commercial zoning districts. Other than permitting food trucks in commercial zones (and all districts that would allow for restaurant uses), the Council can consider allowing food trucks to operate on private property in other non-residential districts, such as office (E1 and E2) and manufacturing (M1).
4. For either safety or health reasons, some cities (like the City of Oakland) require that food trucks must be parked a minimum distance away from schools (typically ranging from 200 to 500 feet away from a school).
5. An argument to limit food trucks is that they may negatively impact foot traffic to brick-and-mortar restaurants. Staff has not found any data to confirm this, and there is an alternative argument to suggest that food trucks can actually draw more foot traffic to an area, which can support nearby restaurants and businesses.
6. Some cities, like the City of Alameda, only permit food trucks in very specific locations that a food truck may operate, such as specific street corridors or nightlife zones.
Permit Process
7. In addition to the required health permits and Business Tax Certificate (BTC), the City should define the level and type of permitting requirements for this use. Staff recommends avoiding creating overly burdensome requirements and a time intensive process while also establishing an appropriate level of oversight to ensure that businesses are operating in accordance with all applicable regulations. Based on the research and in alignment with the City’s permit processes, staff has identified two potential permit options:
a. Allow as a Permitted Use in defined locations and only require a BTC, with no planning permit required if located in an allowed zoning district and/or defined location where the activity is permitted by-right.
The Zoning Code would include operating standards that all operators would be required to follow. b. Require an Administrative (or Conditional) Use Permit or Temporary Use Permit in order to operate.
This would include criteria in the Zoning Code for how and where a food truck could be approved to operate and allow for application of standards that could be customized based on context specific conditions. This permit would be reviewed at the staff level and approved by the Zoning Administrator.
Depending on the direction, staff will build out more complete requirements in the CZCU.
Operations
8. Staff is assessing various operational standards, such as the hours of operation and parking standards for this
CITY OF SAN MATEO
type of use. The goal is to set the standards at a level that can minimize potential impacts on surrounding properties while also ensuring that they are feasible to meet. The City is also exploring ideas to create entertainment or nightlife zones, and if additional operational standards may be necessary for these types of situations.
Community Engagement
9. Beyond the engagement underway for the CZCU, if Council provides direction to move forward with developing regulations to allow for food truck operations on private property, staff recommends additional multi-lingual outreach to food truck associations, business groups and individual food truck operators to understand the operations and needs of food truck operators and potential impacts to neighboring businesses to help inform the codes that are drafted.
Non-Motorized Vendors Enforcement Update
County Health has recently approached the City seeking support to increase public awareness and enhance enforcement against non-motorized food vendors that do not have a health permit. To educate the public, County Health proposes setting up durable signs in locations frequented by food vendors. Such signs would be placed in the ground in locations such as Bridgepointe Plaza, Martin Luther King Jr. Park, and at the Concar Shopping Center. The signs would warn customers of the health hazards of eating street food from unpermitted vendors. County Health is also seeking City assistance with enhanced inspection operations that could include more aggressive enforcement of health code violations.
To achieve this, they have requested Police Department and CE staff presence for security and support purposes.
Enhanced coordination with County Health to support enforcement of non-permitted mobile vendors was part of Council’s direction on September 15, 2025. Now that additional details about how this enhanced enforcement could occur, staff is seeking Council direction before committing any additional resources to support this work. City staff will be meeting with County Health after publication of this agenda report in mid-October to get additional details on these planned enforcement activities and more specifics will be provided as part of the study session presentation.
CITY COUNCIL QUESTIONS:
Based on the background information and discussion provided above, staff is seeking direction from the City Council on the following questions:
1. Should the City allow for food trucks to operate on vacant lots, as well as on other defined private properties (parking lots, business parks, and shopping centers)? If yes, should the use be limited by zone district (i.e.
Commercial and Office Districts) or by location (i.e. parcels along the El Camino Real corridor)?
2. Other than hours of operation and parking standards, what other operational standards should be required for this use? Should the City establish other standards, such as a minimum distance from schools?
3. Should the food truck operations on private property be allowed as a permitted use based on defined criteria and operational standards, or require a permit, such as a Conditional Use Permit, before being approved to operate at a defined location?
4. Regarding mobile, non-motorized food vendors, does Council support staff collaborating with County Health staff on public education and enhanced enforcement against non-permitted vendors? NEXT STEPS:
Following this study session, staff will incorporate City Council direction into the draft Zoning Code Update. Public participation will be ongoing throughout the CZCU process, and the public is invited to contact staff directly at any point outside of the scheduled workshops and activities with comments and/or questions.
Publication of the public review draft Zoning Code Update is anticipated in the spring of 2027. Once published, there will be robust outreach and engagement, including workshops and additional study sessions, to ensure community awareness and collect public input and comments. Once staff has evaluated public and decision-maker input and incorporated changes and updates accordingly, public hearings before the Planning Commission and City Council will be scheduled. Final adoption hearings for the Zoning Code Update are anticipated to take place in the Summer/Fall of 2027.
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BUDGET IMPACT:
Staff work to research and prepare this report was partially funded by the Community Development Department’s annual operating budget and partially funded by the MTC TOC Policy Grant for the Zoning Code Update (granted in September 2025). Work to develop these updated Zoning Code requirements will likely be funded by the Advanced Planning Fund, however, specific funding for future work related to this topic will need to be assessed once City Council direction has been provided. Code Enforcement work related to enforcement of rules and regulations for mobile food vendors is funded by the General Fund within the Community Development Department’s annual operating budget.
ENVIRONMENTAL DETERMINATION:
This action is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) of the CEQA Guidelines, because the activity, which consists of discussion about updates to the City’s Zoning Code, but with no formal actions or amendments, will not result in a direct or reasonably foreseeable indirect physical change in the environment; and Section 15060(c)(3), because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, since it has no potential for resulting in a direct or indirect physical change to the environment.
NOTICE PROVIDED:
All meeting noticing requirements were met. Public comments received after publication of this report will be forwarded to the Planning Commission and posted to this item on the City’s Agendas & Minutes Public Meeting Portal as “Post Packet Public Comments.”
STRATEGIC PLAN ALIGNMENT:
This staff report supports the Land Use initiative.
ATTACHMENTS
None
STAFF CONTACTS
Steven Lizzarago, Assistant Planner
[email protected]
(650)-522-7205
Joanna Winter, Planning Manager
[email protected]
(650)-522-7211
Eugene Alper, Code Enforcement Manager
[email protected]
(650) 522-7154