cc 2023 AR 06/13 amending vmc 8.24 relating to food vending vehicles

ACTION:
____________________________
Clerk/Secretary
Department: Economic Development Item No: PH1
Prepared by: Larry Vaupel, Director Meeting Date: June 13, 2023 Approved by: John Conley, City Manager Agenda Location: Public Hearing SUBJECT: AMENDING VISTA MUNICIPAL CODE CHAPTER 8.24 RELATING TO FOOD VENDING

VEHICLES
RECOMMENDATION:

1.Open, conduct, and close a public hearing regarding an amendment to Chapter 8.24 of the Vista Municipal Code relating to Food Vending Vehicles.

2. Adopt City Council Ordinance No. 2023- , amending Chapter 8.24 of the Vista Municipal Code regarding food vending vehicles.

CORRELATION TO CITY COUNCIL GOALS: Economic Development PRIOR ACTION: On June 24, 2014, City Council adopted Ordinance No. 2014-17, amending Chapter

8.24 of the Vista Municipal Code concerning food vending vehicles (Vote: 5-0).

A comprehensive list of prior City Council actions is included in Exhibit 2.

STATEMENT ON THE SUBJECT: The current regulations found in Chapter 8.24 of the Vista Municipal Code (Municipal Code) limit the operations of food vending vehicles throughout the City. The most restrictive element of the current provisions is a 30-minute time limit at any one location. The Municipal Code was amended in 2014 to allow food vending vehicles to operate for longer than 30 minutes at breweries located within the Vista Business Park. Staff have received numerous requests from residents, breweries located outside the business park, and food truck operators to loosen the time limit restrictions found in the current regulations.

Staff have discussed these provisions with the Central Vista Business Improvement District Advisory Board (CVBID). All businesses located in the CVBID were invited to a meeting held on April 3, 2023, to discuss this proposal and provide feedback. No business owners attended the meeting; however, some emails were received by staff and are included as Exhibit 4. In addition, staff held an Open House on April 27, 2023, and invited all restaurant owners in the City to attend. No restaurant owners attended the meeting or provided input to staff.

State Law prevents the City from regulating food trucks in the public right-of-way except for issues of public safety. Rules that are meant to protect other businesses from competition and unfairly limit the hours of operation would not be compliant with State Law. Therefore, the proposal does not include a AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
06/13/2023 PH1 1 of 46
Approved above recommendation, introduced and adopted City Council Ordinance No. 2023-8.

Vote: 4-1 (Franklin opposed)

MEETING DATE: June 13, 2023 PAGE 2
SUBJECT: AMENDING VISTA MUNICIPAL CODE CHAPTER 8.24 RELATING TO FOOD VENDING

VEHICLES
distance requirement from brick-and-mortar restaurants and extends the maximum hours of operation from 30 minutes to three hours.

Staff recommend the following changes to Chapter 8.24 of the Municipal Code:

1. Extend the maximum operating time on public property from 30 minutes to three hours (plus set-up and take-down time).

2. Extend the hours that food trucks may operate by five hours. Prohibited hours are from 11:00 p.m. to 7:00 a.m. instead of 6:00 p.m. to 7:00 a.m.

3. Eliminate distancing requirements between food trucks.

4. Allow food trucks to operate in designated spaces located on public property.

5. Allow food trucks to operate for up to eight hours instead of three hours on private property.

Other important regulations include:

1. Food trucks must be parked parallel to the curb and serve customers from the sidewalk.

2. Food truck operators must have a City of Vista Business License as well as a food vending permit.

3. Food trucks must abide by the California Vehicle Code and any parking restrictions that are in place. For example, two-hour parking limits.

4. Food trucks cannot be parked overnight in the public right-of-way.

5. Food trucks cannot operate on vacant properties.

6. Food truck operators must provide a trash can and canvas the area within a 50-foot radius for trash after operations.

FISCAL IMPACT: There is no significant fiscal impact associated with this recommendation. The city may receive additional licensing fees associated with food vending vehicles.

EXHIBITS:

1. City Council Ordinance No. 2023- , amending Chapter 8.24 of the Vista Municipal Code regarding food vending vehicles.

2. Prior City Council Actions

3. Redlined Municipal Code Chapter 8.24 — Proposed Amendments

4. Public Comments
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ORDINANCE 2023-

AN ORDINANCE OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CHAPTER 8.24 OF THE VISTA MUNICIPAL CODE REGARDING

FOOD VENDING VEHICLES
A. The City Council wishes to modify the Vista Municipal Code to change the certain regulations related to food vending vehicles.

NOW THEREFORE, pursuant to its authority under Article 11, Section 7 of the California Constitution, the City Council of the Chartered City of Vista does ordain as follows:

SECTION 1. Chapter 8.24 of the Vista Municipal Code is amended to read as follows:
"Chapter 8.24
Food Vending Vehicles
Sections:

8.24.010 Definitions

8.24.020 Food Vending Vehicle Permit Required

8.24.030 Food Vending Vehicle Permit—Application — Inspection

8.24.040 Food Vending Vehicle Permit— Issuance and Denial —Term

8.24.050 Operator Permit Required

8.24.060 Operator Permit—Application

8.24.070 Operator Permit— Issuance or Denial —Term

8.24.080 Posting and Display Requirements

8.24.090 Suspension or Revocation of Permit

8.24.100 Appeal of Action on Permit

8.24.110 General Operating Requirements and Prohibitions

8.24.120 Prohibitions and Limits for Operations within the Public Right- of-Way

8.24.130 Prohibitions and Limits for Operations on Public Property

8.24.140 Prohibitions and Limits for Operations on Private Property

8.24.150 Penalty

"Food vending vehicle permit" means a valid and current permit for a food vending vehicle which is issued pursuant to Section 8.24.040. "Operate a food vending vehicle" means to: (1) drive, occupy, or otherwise use a food vending vehicle to sell, offer to sell, or display for sale any type of food or beverage; or (2) own a business operating from a food vending vehicle involving the sale, offer to sell or display for sale of any type of food or beverage.
"Operator" means a person who, at any time, is present at a food vending vehicle and is either: (1) the sole worker then operating the vehicle; or (2) has primary responsibility for managing the operation of the food vending vehicle at that time.
"Operator permit" means a valid and current permit to operate a food vending vehicle issued pursuant to Section 8.24.070.
"Public property" means any real property, or interest therein, owned, leased, operated, or otherwise controlled by the City other than a street, alley, parkway, or sidewalk.

8.24.020 Food Vending Vehicle Permit Required
A. It is unlawful for any person to operate a food vending vehicle unless a food vending vehicle permit issued pursuant to this Chapter is in effect for that food vending vehicle.

B. Every permittee, upon receipt of a food vending vehicle permit shall, at all times of operation, maintain the permit with the vehicle for which the permit was issued.

C. Upon demand of a peace officer or City employee authorized to enforce the provisions of this Chapter, a person operating a food vending vehicle shall present the food vending vehicle permit that is in effect for that vehicle.

8.24.030 Food Vending Vehicle Permit—Application — Inspection A. An application for a food vending vehicle permit shall be filed with the Code Enforcement Manager and shall contain the following:

1. The individual and business name, address, and telephone number of the permit applicant which shall be the person or entity operating the business from the food vending vehicle, including all other names used by the applicant.

2. Written evidence that the applicant is an owner, lessee or holder of a similar interest in the food vending vehicle.

3. The name and address of all legal and registered owner(s) of the food vending vehicle, and each person with a financial interest in the business that operates the food vending vehicle.

4. A copy of a valid business license issued pursuant to Chapter 5.04 of this Code.

5. The state vehicle license plate number and the vehicle identification number of the food vending vehicle.

6. Proof of compliance with the automobile liability insurance {001 11312 1)
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requirements in the minimum amounts set by state law.

7. Proof that the vehicle is in compliance with applicable requirements of the State of California and the County of San Diego regarding the operation of a food vending vehicle.

8. The address where the food vending vehicle is stored and restocked when not in use.

9. A description of the goods and merchandise which will be sold or distributed from the food vending vehicle.

10. A listing of each conviction of a misdemeanor violation or entry of a plea of nolo contendere, in the preceding twelve months, with respect to the applicant, or any party operating a food vending vehicle owned by applicant:
(a) for violating this Chapter; or (b) for actions occurring while operating a food vending vehicle. The list shall, for each such conviction, set forth the date of arrest, the offense charged, and the offense of which the person was convicted.

During the period covered by a permit, the Code Enforcement Manager: (1) shall be apprised of the preceding information with respect to any new convictions or pleas of nolo contendre.

11. Whether a permit in connection with a food vending vehicle or its operation, sought by the applicant has been denied or revoked by the City or any other jurisdiction or governmental unit in the United States in the three year period prior to the application. If so, the circumstances and facts upon which that denial or revocation was based.

12. If the applicant will be the operator of the food vending vehicle, evidence of a current California driver's license for operation of the food vending vehicle.

13. Such other information as may be required by the Code Enforcement Manager to further the purpose of this Chapter.

B. If the applicant intends to be the operator of the vehicle and has provided the information required by paragraph 12, the Code Enforcement Manager shall process the application as a request for a combined food vending vehicle and operator permit. The holder of such a permit, for purposes of this Code, shall be deemed to hold both a food vending vehicle permit and an operator permit.

C. Every application for a food vending vehicle permit shall be accompanied by a nonproratable, nonrefundable application fee in an amount established by resolution of the City Council.

D. Upon receipt of a complete application and the required application fee, the Code Enforcement Manager shall physically inspect the food vending vehicle to ensure compliance with this Code, state law, and the Vehicle Code equipment requirements; provided, however, that the Code Enforcement Manager, in his or her discretion, may accept proof of compliance with California or San Diego County inspection requirements for operating a food vending vehicle in lieu of conducting an inspection.

8.24.040 Food Vending Vehicle Permit— Issuance and Denial —Term A. Except as provided in subsection B, a food vending vehicle permit or a food vending vehicle and operator permit, as applicable, shall be issued by the Code Enforcement Manager upon receipt of a complete application and payment of the permit fee, as specified in Section 8.24.030 of this Chapter.

B. A food vending vehicle permit or a food vending vehicle and {001 11312 1)
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operator permit, as applicable, may be denied by the Code Enforcement Manager if he or she finds any of the following grounds:

1. The information submitted pursuant to Section 8.24.030 of this Chapter is materially false or incomplete.

2. The applicant or any person with a financial interest in the business that operates the food vending vehicle, has any unpaid administrative penalties imposed pursuant to Chapter 1.13 of this Code.

3. Within 12 months of the date of application, the applicant, any registered owner of the food vending vehicle, or any person with a financial interest in the business that operates the food vending vehicle, has had his or her food vending vehicle permit revoked.

4. Within 12 months of the date of application, the applicant, any registered owner of the food vending vehicle, or any person with a financial interest in the business has violated the requirements of this Chapter or those of State or other laws with respect to a food vending vehicle or being an operator of a food vending vehicle.

5. The applicant has not paid the applicable business license tax pursuant to Chapter 5.04 of this Code.

6. The food vending vehicle does not have the inspection permits required by the County of San Diego or the Code Enforcement Manager, following his or her physical inspection of the food vending vehicle, determines that the vehicle fails to satisfy the legal requirements for the lawful operation of the vehicle in the State or County.

7. The business location and vehicle storage location, if within the city, does not comply with applicable zoning regulations and other codes.

8. The applicant or a party operating a food vending vehicle owned by applicant was convicted of a violation or entered a plea of nolo contendere: (a) for violating this Chapter or for actions occurring while operating a food vending vehicle; and (b) the conviction or entry of plea occurred within 12 months prior to the submission of the application.

9. The applicant has applied for a food vending vehicle and operator permit, but does not have a current California driver's license for operation of the food vending vehicle.

C. All food vending vehicle permits shall expire on June 30 of the calendar year following the date of issuance unless sooner revoked, except that a permit initially issued between April 1 and June 29 may operate through the second June 30 following issuance in accordance with an administrative practice or policy approved by the City Manager.

D. Applications for renewal shall be filed between April 1 and April 30 of each year prior to expiration of a permit.

8.24.050 Operator Permit Required
A. It is unlawful for any person to be an operator of a food vending vehicle unless the person holds a valid and effective operator permit or a food vending vehicle and operator permit issued pursuant to this Chapter.

B. Every permittee, upon receipt of an operator permit, shall maintain the permit in the food vending vehicle where the person acts as operator.

C. Upon demand of a peace officer or City employee authorized to enforce the provisions of this Chapter, a person who is an operator of a food vending vehicle shall present the operator permit that is in effect for the operator. {001 11312 1)
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8.24.060 Operator Permit—Application
A. An application for an operator permit shall be filed with the Code Enforcement Manager and shall contain the following:

1. The name, address, and telephone number of the permit applicant, including all other names used by the applicant.

2. Unless the applicant certifies that he or she will never drive a food vending vehicle, evidence of a current California driver's license for operation of the food vending vehicle.

3. A listing of each conviction of a misdemeanor violation or entry of a plea of nolo contendere, in the preceding 12 months with respect to the applicant, or any party operating a food vending vehicle owned by applicant: (a) for violating this Chapter; or (b) for actions occurring while operating a food vending vehicle. The list shall, for each such conviction, set forth the date of arrest, the offense charged, and the offense of which the person was convicted.

During the period covered by a permit, the Code Enforcement Manager: (1) shall be apprised of the preceding information with respect to any new convictions or pleas of nolo contender.

4. Whether the applicant has ever been denied a permit in connection with a food vending vehicle or its operation by the City or any other jurisdiction or governmental unit in the United States in the three year period prior to the application. If so, the circumstances and facts upon which that denial or revocation was based.

5. Such other information as may be required by the Code Enforcement Manager to further the purpose of this Chapter.

B. Every application for an operator permit shall be accompanied by a nonproratable, nonrefundable application fee in an amount established by resolution of the City Council.

8.24.070 Operator Permit— Issuance or Denial —Term
A. Except as provided in subsection B of this section, an operator permit shall be issued by the Code Enforcement Manager upon receipt of a complete application and payment of the permit fee, as specified in Section

8.24.060.

B. An operator permit may be denied by the Code Enforcement Manager if he or she finds any of the following grounds:

1. The information submitted pursuant to Section 8.24.060 of this Chapter is materially false or incomplete.

2. The applicant has any unpaid administrative penalties imposed pursuant to Chapter 1.13 of this Code.

3. Within 12 months of the date of application, the applicant has had his or her food vending vehicle permit or operator permit revoked.

4. The applicant has not paid the applicable business license tax pursuant to Chapter 5.04 of this Code.

5. Within 12 months of the date of application, the applicant {001 11312 1)
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has violated the requirements of this Chapter or those of state or other laws with respect to a food vending vehicle or being an operator of a food vending vehicle.

6. The applicant or a party operating a food vending vehicle owned by applicant was convicted of a violation or entered a plea of nolo contendere: (a) for violating this Chapter or for actions occurring while operating a food vending vehicle; and (b) the conviction or entry of plea occurred within 12 months prior to the submission of the application.

D. All operator permits shall expire on June 30 of the calendar year following the date of issuance unless sooner revoked, except that a permit initially issued between April 1 and June 29 may operate through the second June 30 following issuance in accordance with an administrative practice or policy approved by the City Manager.

E. Applications for renewal shall be filed between April 1 and April 30 of each year prior to expiration of a permit.
(Ord. No. 2004-8, Added, 09/14/04; Ord. No. 2014-17, Repealed and Replaced, 06/24/14)

8.24.080 Posting and Display Requirements
A. No person shall operate a food vending vehicle unless the food vending vehicle permit decal, as provided by the director, is displayed on the vehicle window in a manner specified by the Code Enforcement Manager.

B. No person shall operate a food vending vehicle unless the food vending vehicle number, as provided by the Code Enforcement Manager, is permanently posted on the exterior of the vehicle and in a location that is clearly visible to patrons. The numbers shall be legible, not less than three and one-half inches in height and in a color that contrasts with the color of the background upon which it is placed.

8.24.090 Suspension or Revocation of Permit
A. The Code Enforcement Manager may suspend or revoke any food vending vehicle permit or operator permit issued hereunder on the basis of any of the following grounds:

1. The Code Enforcement Manager determines that any activity authorized by the permit is being carried out in such a manner as to constitute a nuisance, or to be injurious to the public health, safety or welfare; or

2. The operation of the food vending vehicle is in violation of any conditions imposed upon the permit or in violation of any provision of this Chapter, this Code, the San Diego County Code or state law.

3. There exist grounds that would have justified denial of the permit application had those grounds been known, or had they been true, on the date of the application.

grounds to be relied upon for revoking or suspending such permit. Notice may be given either by personal delivery to the persons to be notified, or by depositing the notice in the U.S. mail in a sealed envelope, postage prepaid, addressed to the persons to be notified at the address appearing in the application for a permit.

C. Upon the Code Enforcement Manager's suspension or revocation of any permit pursuant to this section, written notice of that suspension or revocation shall be provided to the permittee in the manner described in paragraph B setting forth the grounds for revocation or suspension. Within ten days of such notice, the permittee shall surrender the subject permit to the City.

8.24.100 Appeal of Action on Permit
A. An applicant or permittee, as applicable, may appeal the Code Enforcement Manager's decision to deny an application, to suspend a permit, or to revoke a permit pursuant to this Chapter in the manner provided below.

B. A notice of appeal, accompanied by an appeal fee in an amount set by resolution of the City Council, must be filed within ten days after the date of the Code Enforcement Manager's decision.

C. Upon receipt of a timely appeal, the City Manager or his or her designated representative shall hear such appeal within 20 calendar days following the date of such appeal and shall give the appellant not less than five calendar days advanced notice of the date of such hearing. The decision of the City Manager shall be based upon the same criteria as set forth in this Chapter which are applicable to the issuance or revocation of such permit. The appellant shall be notified of the decision of the City Manager by mailed, written notice. The decision of the City Manager shall be final. No revocation of a permit pursuant to this Chapter shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the City Manager's decision.

8.24.110 General Operating Requirements and Prohibitions A food vending vehicle shall operate in conformity with the following requirements:

A. No person may sell any product from a food vending vehicle unless the vehicle has been brought to a complete stop and is parked in a lawful manner.

B. No person may sell any product from a food vending vehicle unless the site is adequately lit to ensure customer safety. Any lighting maintained by the vendor shall be directed downwards and away from public streets and adjacent properties.

C. No person may operate a food vending vehicle while the vehicle is connected to an external source of power, water or any other utilities.

D. No vendor may place any free-standing signs, tables, chairs, fences, shade structures, or other furniture on or near the site of the operation of the food vending vehicle that impedes vehicular, pedestrian, and handicap access. All such items shall be removed when not in operation.

E. All food vending vehicles shall be equipped with refuse receptacles large enough to contain all refuse generated by operation of the vehicle.

F. The operator of a food vending vehicle shall pick up all refuse generated by such operation within a 50 foot radius of the vehicle before the vehicle is moved. All refuse shall be disposed of in an approved solid waste facility.

G. Any use of amplified or non-amplified sound making devices, {001 11312 1)
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including vehicle horns, to advertise, draw attention to, or announce the presence of any such vehicle is prohibited.

H. No vending from a food vending vehicle shall occur when the prospective customer is located in that portion of the street or alley which is open to vehicular traffic.

I. No vending from a food vending vehicle shall occur when any part of the vehicle is stopped within a no-parking zone designated on any street, alley, or public property.

J. No vending from a food vending vehicle shall occur when any part of the food vending vehicle is open to prospective customers on the side of the vehicle closest to traffic.

K. No vending from a food vending vehicle shall occur when the vehicle is parked or stopped in violation of any provision of the California Vehicle Code.

L. No restocking of a food vending vehicle shall occur while it is stopped on a street, alley, or public property.

8.24.120 Prohibitions and Limits for Operations within the Public Right- of-Way
Except as may be permitted by a street event permit issued pursuant to Chapter 12.12, no person shall operate from a food vending vehicle from the public right-of-way:

A. Between the hours of 11:00 p.m. and 7:00 a.m.

B. For a period exceeding three hours in one location, without moving to a new location at least 400 feet away.

C. Within 100 feet of any street intersection controlled by a traffic light or stop sign.

D. Along a street or highway with a posted speed limit exceeding 35 miles an hour.

8.24.130 Prohibitions and Limits for Operations on Public Property A. Except for operation of a food vending vehicle occurring from the public right-of-way in accordance with this Chapter or in a parking space signed and designated for food truck operations in a public parking lot, no food vending vehicle shall operate from any property owned or leased by the City unless the food vending vehicle is operating pursuant to a valid temporary special events permit or a street event or park event permit issued pursuant to Chapters 12.12 or

12.13. B. No food vending vehicle may stand or remain on public property during non-operating hours. Overnight parking of a food vending vehicle on a public street or alley is prohibited.

8.24.140 Prohibitions and Limits for Operations on Private Property A. It is unlawful for any person to operate a food vending vehicle on private property unless the food vending vehicle satisfies the requirements of paragraphs B, C, and either D or E.

B. A food vending vehicle may not operate on private property where:

1. The property is vacant or where the property serves as a f00111312 11
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stand-alone parking facility.

2. The operation of a food vending vehicle is the primary use of the parcel.

3. The food vending vehicle is stopped, standing or parked in any location on the property that interferes with access, driveways, aisles, or the circulation of vehicles or pedestrians.

4. The food vending vehicle is stopped, standing or parked on any surface that is not paved with concrete, asphalt or other similar material.

C. To operate on private property the food vending vehicle must have the consent of the party in control of the property which shall be satisfied as follows:

1. The written consent of the party in control of the property, which may be the owner or lessee of the property, shall be provided to the Code Enforcement Manager in a form approved by the Code Enforcement Manager.

2. A copy of the written consent shall be maintained with the corresponding food vending vehicle at all times the vehicle is being operated on private property.

3. Upon demand of a peace officer or City employee authorized to enforce this Chapter, a person operating a food vending vehicle shall present a copy of the written consent.

D. Provided that all requirements of this Code and this section are satisfied, a food vending vehicle may operate on private property for up to eight hours at one time in a twelve hour period if the food vending vehicle is located on private property: (1) that is not zoned as open space, agricultural, or residential; or (2) which is zoned for open space, agriculture, or residential and is under active construction. For purposes of this paragraph, a property is "under active construction" if a grading or building permit has been issued by the City of Vista for that property, but the work thereunder is incomplete and actively underway.

E. A food vending vehicle may operate from private property for a period exceeding eight hours if the requirements of this Code and this section are satisfied, along with all of the following:

1. The food vending vehicle is being operated exclusively or primarily to serve persons who are actively patronizing a business located on a qualifying premise. For purpose of this section, a "qualifying premise" means premises for which the Department of Alcoholic Beverage Control has issued a type 02, type 04, or a type 23 license..

2. The food vending vehicle is either: (a) located on the qualifying premises; or (b) located within a common area serving the qualifying premises and the vehicle is within 75 feet of the building housing the qualifying premises (measured at the nearest points between the building and the food vending vehicle).

3. The food vending vehicle shall not conduct food or beverage service during any time that the qualifying premise is closed for business.

4. Food and beverage service from the food vending vehicle, even if the qualifying premise is open for business, shall not start earlier than 11:00 a.m. and shall end by 11:00 p.m.

5. Set-up of a food vending vehicle shall start no sooner than one hour before food service commences, and any take-down will be completed within one hour following the time that food service ends. Set-up and take-down time shall not be considered time in operation.
f00111312 11
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8.24.150 Penalty
A. Any person who violates the provisions of this Chapter shall be guilty of a misdemeanor. There shall be a separate misdemeanor for each day on which a violation occurs.

B. Additionally, it is unlawful for any person to knowingly make a false statement of fact or knowingly omit any information that is required in an application submitted pursuant to this Chapter.

C. Notwithstanding the foregoing, the City may also impose administrative penalties pursuant to Chapter 1.13 of this Code and seek injunctive relief and civil penalties in the superior court for violations of this Chapter. The remedies provided for in this Chapter shall be cumulative and not exclusive of any other remedies available under any other federal, state, or local laws." SECTION 2. If any word, sentence, paragraph, or other portion of this ordinance is deemed to be invalid or unenforceable for any reason by a court of competent jurisdiction, the City Council declares its intent that all remaining words, sentences, paragraphs or portions of the ordinance not held to be invalid or unenforceable shall remain in full force and effect, and shall be so construed, as if the original ordinance did not contain the invalid or unenforceable language.

SECTION 3. This ordinance shall be fully effective and in force on the thirty-first (31 st) day following the date of its adoption.

INTRODUCED and ADOPTED at a meeting of the City Council held on June 13, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

JOHN FRANKLIN, MAYOR
APPROVED AS TO FORM: ATTEST:

WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:

APPROVED
Walter C.Chung
20230524151751
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FOOD VENDING VEHICLES
Prior City Council Actions
On June 24, 2014, closed the public hearing and adopted City Council Ordinance No. 2014-16, approving an amendment to the Vista Business Park Specific Plan, and City Council Ordinance No. 2014-17, amending Chapter 8.24 of the Vista Municipal Code concerning food vending vehicles (Vote: 5-0).

On August 14, 2012, adopted City Council Ordinance No. 2012-09, approving a specific plan amendment and rezone affecting the Vista Business Park Specific Plan (Vote: 5- 0).

On January 22, 2008, adopted City Council Ordinance No. 2008-06, amending the Vista Business Park Specific Plan to incorporate new parking standards for medical office uses and change the land use designation from Use Area "B" to Use Area " J" on 4. 52 acres located at 2643 S. Melrose Drive (Vote: 5- 0).

On September 14, 2004, adopted City Council Ordinance 2004-8, amending and readopting in its entirety Chapter 8.24 of the Vista Municipal Code relating to food vending vehicles (Vote: 5- 0).

On September 14, 2004, adopted City Council Resolution No. 2004- 194, establishing an application fee or charge for Food Vending Vehicle Permits (Vote: 5- 0).

On August 24, 2004, introduced City Council Ordinance No. 2004-8, amending and readopting in its entirety Chapter 8.24 of the Vista Municipal Code relating to food fencing vehicles (Vote: 5- 0).

On August 3, 2004, City Council directed staff to schedule introduction of the amended ordinance on the August 24, 2004 agenda (Vote: Consensus).

On June 22, 2004, City Council directed staff to bring forward an ordinance at the first meeting in August, based on the Huntington Beach model, modified to include: 1) a thirty-minute time limit on parking food vending vehicles; 2) restriction on service after 6:00 p.m.; 3) prohibition on signs not attached to the vehicle; and 4) prohibition on tables and chairs outside the vehicle (Vote: Consensus, Campo absent).

On February 10, 2004, adopted City Council Ordinance No. 2004- 1, changing the Vista Business Park Specific Plan designation from Area B ( Research Light Industrial Business Support Group) to Area I ( Industrial/ Commercial Group)for the property at 2430 S. Melrose Drive (Vote: 3- 1, Vance opposed, Gronke could not participate because of a conflict of interest).

On November 16, 1999, adopted City Council Ordinance No. 99-23, adopting a Specific Plan Amendment to change 62. 7 acres of property from Specific Plan No. 14 to Vista Business Park Specific Plan and amending Zoning Map No. 4 to change the zoning designation from Specific Plan No. 14 ( M- 1, R- 1 and O- SP)to Specific Plan Implementation ( SPI) for property located west of Sycamore Avenue and south of Green Oak Road (Vote: 5-0).

On August 25, 1998, adopted City Council Ordinance No. 98- 6, changing the zoning from Commercial ( C- 1) to Specific Plan Implementation, and two Specific Plan Amendments to delete the property from Specific Plan No. 24 with a Commercial E- 3 designation, and place it within the Vista Business Park Specific Plan with a Use Area B ( Research Light Industrial) designation for a property located at 1750 Sycamore Avenue (Vote: 4-0, McClellan absent).

EXHIBIT 2
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FOOD VENDING VEHICLES
Prior City Council Actions
On May 12, 1998, adopted City Council Ordinance No. 98-4, amending the Vista Business Park Specific Plan to rezone two properties from Commercial to Industrial (Vote: 4- 1, Cole opposed).

On August 12, 1997, adopted City Council Ordinance No. 97-18, amending Specific Plan 14 and the Vista Business Park Specific Plan to remove churches as a permitted use (Vote: 5- 0).

On May 11, 1993, adopted City Council Ordinance No. 93-13, amending the Vista Business Park Specific Plan and Specific Plan No. 14 and rezoning property (Vote: 4- 1, Cole opposed). 06/13/2023 PH 1 14 of 46

Vista Municipal Code
Chapter 8.24
Food Vending Vehicles
Sections:

8.24.010 Definitions

8.24.020 Food Vending Vehicle Permit Required

8.24.030 Food Vending Vehicle Permit—Application — Inspection

8.24.040 Food Vending Vehicle Permit— Issuance and Denial —Term

8.24.050 Operator Permit Required

8.24.060 Operator Permit—Application

8.24.070 Operator Permit— Issuance or Denial —Term

8.24.080 Posting and Display Requirements

8.24.090 Suspension or Revocation of Permit

8.24.100 Appeal of Action on Permit

8.24.110 General Operating Requirements and Prohibitions

8.24.120 Prohibitions and Limits for Operations within the Public Right-of-Way

8.24.130 Prohibitions and Limits for Operations on Public Property

8.24.140 Prohibitions and Limits for Operations on Private Property

8.24.150 Penalty

8.24.010 Definitions
"Code Enforcement Manager" means the Code Enforcement Manager for the City of Vista or his or her designee.
"Food vending vehicle" includes any vehicle, as that term is defined in the California Vehicle Code, from which any type of food or beverage is sold or offered for sale directly to any consumer; provided, however, that "food vending vehicle" shall not include a vehicle that only delivers food or beverage products ordered by home delivery customers. The term "food vending vehicle" shall exclude any ice cream truck as defined in Section 5.52.010 provided that at least one-half of the inventory available for sale consists of ice cream, popsicles, or similar frozen products.
"Food vending vehicle permit" means a valid and current permit for a food vending vehicle which is issued pursuant to Section 8.24.040.
"Operate a food vending vehicle" means to: (1) drive, occupy, or otherwise use a food vending vehicle to sell, offer to sell, or display for sale any type of food or beverage; or (2) own a business operating from a food vending vehicle involving the sale, offer to sell or display for sale of any type of food or beverage.
"Operator" means a person who, at any time, is present at a food vending vehicle and is either: (1) the sole worker then operating the vehicle; or (2) has primary responsibility for managing the operation of the food vending vehicle at that time. "Operator permit" means a valid and current permit to operate a food vending vehicle issued pursuant to Section 8.24.070.
"Public property" means any real property, or interest therein, owned, leased, operated, or otherwise controlled by the City other than a street, alley, parkway, or sidewalk. (Prior Code 12-7; Ord. No. 86-41, Amended 8/26/86; Ord. No. 2004-8, Amended, 09/14/04; Ord. No. 2014- 17, Repealed and Replaced, 06/24/14)
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B. Every permittee, upon receipt of a food vending vehicle permit shall, at all times of operation, maintain the permit with the vehicle for which the permit was issued.

D. All food vending vehicle permits are the property of the City and each shall authorize the operation of a single specific food vending vehicle. It is unlawful for any person to sell or transfer, or attempt to sell or transfer, any food vending vehicle permit. (Prior Code 12-7; Ord. No. 86-41, Amended 8/26/86; Ord. No. 2004-8, Amended, 09/14/04; Ord. No. 2014- 17, Repealed and Replaced, 06/24/14)

8.24.030 Food Vending Vehicle Permit—Application — Inspection A. An application for a food vending vehicle permit shall be filed with the Code Enforcement Manager and shall contain the following:

2. Written evidence that the applicant is an owner, lessee or holder of a similar interest in the food vending vehicle.

3. The name and address of all legal and registered owner(s) of the food vending vehicle, and each person with a financial interest in the business that operates the food vending vehicle.

4. A copy of a valid business license issued pursuant to Chapter 5.04 of this Code.

5. The state vehicle license plate number and the vehicle identification number of the food vending vehicle.

6. Proof of compliance with the automobile liability insurance requirements in the minimum amounts set by state law.

7. Proof that the vehicle is in compliance with applicable requirements of the State of California and the County of San Diego regarding the operation of a food vending vehicle.

8. The address where the food vending vehicle is stored and restocked when not in use.

9. A description of the goods and merchandise which will be sold or distributed from the food vending vehicle.

10. A listing of each conviction of a misdemeanor violation or entry of a plea of nolo contendere, in the preceding twelve months, with respect to the applicant, or any party operating a food vending vehicle owned by applicant: (a) for violating this Chapter; or (b) for actions occurring while operating a food vending vehicle. The list shall, for each such conviction, set forth the date of arrest, the offense charged, and the offense of which the person was convicted. During the period covered by a permit, the Code Enforcement Manager: (1) shall be apprised of the preceding information with respect to any new convictions or pleas of nolo contendre.

11. Whether a permit in connection with a food vending vehicle or its operation, {00111334 11 8.24(2) (Vista 7/25/14)
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sought by the applicant has been denied or revoked by the City or any other jurisdiction or governmental unit in the United States in the three year period prior to the application. If so, the circumstances and facts upon which that denial or revocation was based.

12. If the applicant will be the operator of the food vending vehicle, evidence of a current California driver's license for operation of the food vending vehicle.

13. Such other information as may be required by the Code Enforcement Manager to further the purpose of this Chapter.

C. Every application for a food vending vehicle permit shall be accompanied by a nonproratable, nonrefundable application fee in an amount established by resolution of the City Council.

B. A food vending vehicle permit or a food vending vehicle and operator permit, as applicable, may be denied by the Code Enforcement Manager if he or she finds any of the following grounds:

1. The information submitted pursuant to Section 8.24.030 of this Chapter is materially false or incomplete.

2. The applicant or any person with a financial interest in the business that operates the food vending vehicle, has any unpaid administrative penalties imposed pursuant to Chapter 1.13 of this Code.

5. The applicant has not paid the applicable business license tax pursuant to Chapter 5.04 of this Code.

7. The business location and vehicle storage location, if within the city, does {00111334 11 8.24(3) (Vista 7/25/14)
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not comply with applicable zoning regulations and other codes.

9. The applicant has applied for a food vending vehicle and operator permit, but does not have a current California driver's license for operation of the food vending vehicle.

D. Applications for renewal shall be filed between April 1 and April 30 of each year prior to expiration of a permit.
(Ord. No.2004-8,Added, 09/14/04; Ord. No.2014-17, Repealed and Replaced,06/24/14)

B. Every permittee, upon receipt of an operator permit, shall maintain the permit in the food vending vehicle where the person acts as operator.

D. All operator permits are the property of the City and each shall only authorize the person holding the permit to be an operator of a food vending vehicle. It is unlawful for any person to sell or transfer, or attempt to sell or transfer, any operator permit. (Ord. No.2004-8,Added, 09/14/04; Ord. No.2010- 10,Amended, 5/11/10; Ord. No.2014-17, Repealed and Replaced, 06/24/14)

8.24.060 Operator Permit—Application
A. An application for an operator permit shall be filed with the Code Enforcement Manager and shall contain the following:

1. The name, address, and telephone number of the permit applicant, including all other names used by the applicant.

2. Unless the applicant certifies that he or she will never drive a food vending vehicle, evidence of a current California driver's license for operation of the food vending vehicle.

4. Whether the applicant has ever been denied a permit in connection with a food vending vehicle or its operation by the City or any other jurisdiction or governmental unit in the United States in the three year period prior to the application. If so, the circumstances and {00111334 11 8.24(4) (Vista 7/25/14)
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facts upon which that denial or revocation was based.

5. Such other information as may be required by the Code Enforcement Manager to further the purpose of this Chapter.

B. Every application for an operator permit shall be accompanied by a nonproratable, nonrefundable application fee in an amount established by resolution of the City Council. (Ord. No.2004-8,Added, 09/14/04; Ord. No.2014-17, Repealed and Replaced,06/24/14)

8.24.070 Operator Permit—Issuance or Denial —Term
A. Except as provided in subsection B of this section, an operator permit shall be issued by the Code Enforcement Manager upon receipt of a complete application and payment of the permit fee, as specified in Section 8.24.060.

B. An operator permit may be denied by the Code Enforcement Manager if he or she finds any of the following grounds:

1. The information submitted pursuant to Section 8.24.060 of this Chapter is materially false or incomplete.

2. The applicant has any unpaid administrative penalties imposed pursuant to Chapter 1.13 of this Code.

3. Within 12 months of the date of application, the applicant has had his or her food vending vehicle permit or operator permit revoked.

4. The applicant has not paid the applicable business license tax pursuant to Chapter 5.04 of this Code.

5. Within 12 months of the date of application, the applicant has violated the requirements of this Chapter or those of state or other laws with respect to a food vending vehicle or being an operator of a food vending vehicle.

E. Applications for renewal shall be filed between April 1 and April 30 of each year prior to expiration of a permit.
(Ord. No.2004-8,Added, 09/14/04; Ord. No.2014-17, Repealed and Replaced,06/24/14)

C. No person shall serve as an operator for a food vending vehicle unless at all times the person has in his or her physical possession either an operator permit or a food vending vehicle and operator permit which shall be immediately available for display. (Ord. No.2004-8,Added, 09/14/04; Ord. No.2014-17, Repealed and Replaced,06/24/14) {00111334 11 8.24(5) (Vista 7/25/14)
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3. There exist grounds that would have justified denial of the permit application had those grounds been known, or had they been true, on the date of the application.

B. Except as provided in subsection C of this section, no permit shall be suspended or revoked until a hearing is held by the Code Enforcement Manger. Written notice of the time and place of such hearing shall be given at least five days prior to the date set for such hearing to the person to whom the permit was granted and to any other person who, at least ten days prior to the hearing, requests such notice. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Notice may be given either by personal delivery to the persons to be notified, or by depositing the notice in the U.S. mail in a sealed envelope, postage prepaid, addressed to the persons to be notified at the address appearing in the application for a permit.

B. A notice of appeal, accompanied by an appeal fee in an amount set by resolution of the City Council, must be filed within ten days after the date of the Code Enforcement Manager's decision.

8.24.110 General Operating Requirements and Prohibitions A food vending vehicle shall operate in conformity with the following requirements:

A. No person may sell any product from a food vending vehicle unless the vehicle {00111334 11 8.24(6) (Vista 7/25/14)
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has been brought to a complete stop and is parked in a lawful manner.

C. No person may operate a food vending vehicle while the vehicle is connected to an external source of power, water or any other utilities.

E. All food vending vehicles shall be equipped with refuse receptacles large enough to contain all refuse generated by operation of the vehicle.

G. Any use of amplified or non-amplified sound making devices, including vehicle horns, to advertise, draw attention to, or announce the presence of any such vehicle shall Gernpy Wth the i'mltatiORs and nrevno'ono set forth in the M inininnl Gedeis prohibited.

H. No vending from a food vending vehicle shall occur when the prospective customer is located in that portion of the street or alley which is open to vehicular traffic.

I. No vending from a food vending vehicle shall occur when any part of the vehicle is stopped within a no-parking zone designated on any street, alley, or public property.

J. No vending from a food vending vehicle shall occur when any part of the food vending vehicle is open to prospective customers on the side of the vehicle closest to traffic.

K. No vending from a food vending vehicle shall occur when the vehicle is parked or stopped in violation of any provision of the California Vehicle Code.

L. No restocking of a food vending vehicle shall occur while it is stopped on a street, alley, or public property.
(Ord. No.2004-8,Added, 09/14/04; Ord. No.2014-17, Repealed and Replaced,06/24/14)

8.24.120 Prohibitions and Limits for Operations within the Public Right-of-Way Except as may be permitted by a street event permit issued pursuant to Chapter 12.12, no person shall operate from a food vending vehicle from the public right-of-way:

A. Between the hours of 611:00 p.m. and 7:00 a.m.

B. For a period exceeding 30 minutes three hours in one location, without moving to a new location at least 400 feet away.

C. Within 300 foot of any other food vending vehicle BC. Within 100 feet of any street intersection controlled by a traffic light or stop sign. €D. Along a street or highway with a posted speed limit exceeding 35 miles an hour. (Ord. No.2004-8,Added, 09/14/04; Ord. No.2014-17, Repealed and Replaced,06/24/14)

8.24.130 Prohibitions and Limits for Operations on Public Property A. Except for operation of a food vending vehicle occurring from the public right-of- way in accordance with this Chapter or in a parking space signed and designated for food truck operations in a public parking lot, no food vending vehicle shall operate from any property owned or leased by the City unless the food vending vehicle is operating pursuant to a valid temporary special events permit or a street event or park event permit issued pursuant to Chapters 12.12 or

12.13. B. No food vending vehicle may stand or remain on public property during non- {00111334 11 8.24(7) (Vista 7/25/14)
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operating hours. Overnight parking of a food vending vehicle on a public street or alley is prohibited.
(Ord. No.2004-8,Added, 09/14/04; Ord. No.2014-17, Repealed and Replaced,06/24/14)

B. A food vending vehicle may not operate on private property where:

1. The property is vacant or where the property serves as a stand-alone parking facility.

2. The operation of a food vending vehicle is the primary use of the parcel.

3. The food vending vehicle is stopped, standing or parked in any location on the property that interferes with access, driveways, aisles, or the circulation of vehicles or pedestrians.

4. The food vending vehicle is stopped, standing or parked on any surface that is not paved with concrete, asphalt or other similar material. 5 Another food vending yehinle is already operating on the preperfii C. To operate on private property the food vending vehicle must have the consent of the party in control of the property which shall be satisfied as follows:

2. A copy of the written consent shall be maintained with the corresponding food vending vehicle at all times the vehicle is being operated on private property.

3. Upon demand of a peace officer or City employee authorized to enforce this Chapter, a person operating a food vending vehicle shall present a copy of the written consent.

D. Provided that all requirements of this Code and this section are satisfied, a food vending vehicle may operate on private property for up to 30 rninuteseight hours at one time in a fsu-r--twelve hour period if the food vending vehicle is located on private property: (1) that is not zoned as open space, agricultural, or residential; or(2)which is zoned for open space, agriculture, or residential and is under active construction. For purposes of this paragraph, a property is "under active construction" if a grading or building permit has been issued by the City of Vista for that property, but the work thereunder is incomplete and actively underway.

E. A food vending vehicle may operate from private property for a period exceeding 30 rninuteseight hours if the requirements of this Code and this section are satisfied, along with all of the following:

Z The qualifying promise and the feed vending vehicle are lenoted in the Vista Business Por�peGif+ Plan erSpeGifir DID e�T

32. The food vending vehicle is either: (a) located on the qualifying premises; or (b) located within a common area serving the qualifying premises and the vehicle is within 75 feet of the building housing the qualifying premises (measured at the nearest points between the building and the food vending vehicle).

4. A 1�ax4rnum- f one feed-ven vehicle-is ser patFORS of the business operating from the qualifying premises
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53. The food vending vehicle shall not conduct food or beverage service during any time that the qualifying premise is closed for business.

64. Food and beverage service from the food vending vehicle, even if the qualifying premise is open for business, shall not start earlier than 11:00 a.m. and shall end by 11:00 P.M.

75. Set-up of a food vending vehicle shall start no sooner than one hour before food service commences, and any take-down will be completed within one hour following the time that food service ends. Set-up and take-down time shall not be considered time in operation. (Ord. No. 2004-8, Added, 09/14/04; Ord. No. 2014-17, Repealed and Replaced, 06/24/14)

8.24.150 Penalty
A. Any person who violates the provisions of this Chapter shall be guilty of a misdemeanor. There shall be a separate misdemeanor for each day on which a violation occurs.

B. Additionally, it is unlawful for any person to knowingly make a false statement of fact or knowingly omit any information that is required in an application submitted pursuant to this Chapter.

Gemma Aguilar
From: Lisa Schy
Sent: Tuesday, April 4, 2023 6:57 PM
To: Econ Dev
Subject: Yes on Food trucks!
Dear CVBID Board Members:

Thank you for bringing forward this discussion about special events and changes to the city's food truck ordinance.

I support increasing the time amount for food trucks to operate and allowing food trucks to operate on private property zoned commercial throughout the city.

Because of the nature of how food trucks operate, it will generate a good amount of food packaging to be discarded. I hope that the city of Vista considers investing in trash receptacles with recycling and or green waste. We should be moving more and more in the direction of community consciousness of how we throw things away and how we should sort our trash. All food trucks should be made aware of the city of Vista's single-use plastic on request ordinance as well as encouraged to use more ecologically friendly alternatives to single-use plastic.

Again, thank you for bringing this forward for discussion and I look forward to hearing more about this proposal and the possibility of more food trucks in Vista.

Sincerely,
Lisa Schy
EXHIBIT 4
06/13/2023 PH 1 24 of 46

Gemma Aguilar
From: Storm Watcher
Sent: Monday, April 3, 2023 4:48 PM
To: Econ Dev
Cc:

Subject: Food Truck Discussion
Dear CVBID Board Members:

Thank you for bringing forward this discussion about special events and changes to the city's food truck ordinance.

I support increasing the time amount for food trucks to operate and allowing food trucks to operate on private property zoned commercial throughout the city.

Again, thank you for bringing this forward for discussion and I look forward to hearing more about this proposal and the possibility of more food trucks in Vista.

Sincerely,
Terry J. Bowers
Sent from my iPhone
2 06/13/2023 PH1 25 of 46

Gemma Aguilar
From: Dustin Mann
Sent: Monday, April 3, 2023 4:35 PM
To: Econ Dev
Cc:

Subject: Food Truck Discussion
Dear CVBID Board Members:

Thank you for bringing forward this discussion about special events and changes to the city's food truck ordinance.

I support increasing the time amount for food trucks to operate and allowing food trucks to operate on private property zoned commercial throughout the city.

Again, thank you for bringing this forward for discussion and I look forward to hearing more about this proposal and the possibility of more food trucks in Vista.

Sincerely,
Dustin Mann, Vista resident
Sent from my iPhone
3 06/13/2023 PH1 26 of 46

Gemma Aguilar
From: Ana Bracamonte
Sent: Monday, April 3, 2023 12:12 PM
To: Econ Dev
Subject: Food Truck Discussion
Dear CVBI❑ Board Members:

Thank you for bringing forward this discussion about special events and changes to the city's food truck ordinance.

I support increasing the time amount for food trucks to operate and allowing food trucks to operate on private property zoned commercial throughout the city.

Because of the nature of how food trucks operate, it will generate a good amount of food packaging to be discarded. I hope that the city of Vista considers investing in trash receptacles with recycling and or green waste. We should be moving more and more in the direction of community consciousness of how we throw things away and how we should sort our trash.All food trucks should be made aware of the city of Vista's single-use plastic on request ordinance as well as encouraged to use more ecologically friendly alternatives to single-use plastic.

Again,thank you for bringing this forward for discussion and I look forward to hearing more about this proposal and the possibility of more food trucks in Vista.

Sincerely,
Breeana Bracamonte
Sent from my iPhone
4 06/13/2023 PH 1 27 of 46

Gemma Aguilar
From: Sauceboys Delivery
Sent: Monday, April 3, 2023 11:01 AM
To: Econ Dev
Cc:

Subject: Food Truck Discussion
Dear CVBID Board Members:

Thank you for bringing forward this discussion about special events and changes to the city's food truck ordinance.

I support increasing the time amount for food trucks to operate and allowing food trucks to operate on private property zoned commercial throughout the city.

Again, thank you for bringing this forward for discussion and I look forward to hearing more about this proposal and the possibility of more food trucks in Vista.

Sincerely,
Jose Hernandez
5 06/13/2023 PH 1 28 of 46

Gemma Aguilar
From: Yessica Valentin
Sent: Sunday,April 2, 2023 8:44 PM
To: Econ Dev
Subject: Food Truck Discussion
Dear CVBI❑ Board Members:

Thank you for bringing forward this discussion about special events and changes to the city's food truck ordinance.

I support increasing the time amount for food trucks to operate and allowing food trucks to operate on private property zoned commercial throughout the city.

Because of the nature of how food trucks operate, it will generate a good amount of food packaging to be discarded. I hope that the city of Vista considers investing in trash receptacles with recycling and or green waste. We should be moving more and more in the direction of community consciousness of how we throw things away and how we should sort our trash.All food trucks should be made aware of the city of Vista's single-use plastic on request ordinance as well as encouraged to use more ecologically friendly alternatives to single-use plastic.

Again,thank you for bringing this forward for discussion and I look forward to hearing more about this proposal and the possibility of more food trucks in Vista.

Sincerely,
Yessica Valentin
6 06/13/2023 PH 1 29 of 46

Gemma Aguilar
From: Polett Schafer
Sent: Sunday,April 2, 2023 8:44 PM
To: Econ Dev
Cc:

Subject: Food Truck Discussion
Dear CVBID Board Members:

Thank you for bringing forward this discussion about special events and changes to the city's food truck ordinance.

I support increasing the time amount for food trucks to operate and allowing food trucks to operate on private property zoned commercial throughout the city.

Again, thank you for bringing this forward for discussion and I look forward to hearing more about this proposal and the possibility of more food trucks in Vista.

Sincerely,
Polett
Sent from my iPhone
7 06/13/2023 PH1 30 of 46

Gemma Aguilar
From: Carol Jeff eries
Sent: Sunday,April 2, 2023 8:44 PM
To: Econ Dev
Subject: Food Truck Discussion
Dear CVBI❑ Board Members:

I was going to write my own wording, but this letter pretty much covers it[ I would only add that I believe that downtown events are vital to a lively atmosphere. I hope you welcome more events,food trucks and place more benches and places for people to just be downtown.

Thank you for bringing forward this discussion about special events and changes to the city's food truck ordinance.

I support increasing the time amount for food trucks to operate and allowing food trucks to operate on private property zoned commercial throughout the city.

Because of the nature of how food trucks operate, it will generate a good amount of food packaging to be discarded. I hope that the city of Vista considers investing in trash receptacles with recycling and or green waste. We should be moving more and more in the direction of community consciousness of how we throw things away and how we should sort our trash.All food trucks should be made aware of the city of Vista's single-use plastic on request ordinance as well as encouraged to use more ecologically friendly alternatives to single-use plastic.

Again, thank you for bringing this forward for discussion and I look forward to hearing more about this proposal and the possibility of more food trucks in Vista.

Sincerely,
Carol Jefferies
s
06/13/2023 PH 1 31 of 46

Gemma Aguilar
From: Jackie Ferguson
Sent: Sunday, April 2, 2023 8:32 PM
To: Egon Dev
Cc:

Subject: Food Truck Discussion
Dear CVBID Board Members:

Thank you for bringing forward this discussion about special events and changes to the city's food truck ordinance.

I support increasing the time amount for food trucks to operate and allowing food trucks to operate on private property zoned commercial throughout the city.

Again, thank you for bringing this forward for discussion and I look forward to hearing more about this proposal and the possibility of more food trucks in Vista.

Sincerely,
Jaqueline Ferguson
Vista Homeowner and Voter
}
06/13/2023 PH1 32 of 46

Gemma Aguilar
From: Cristal Mejicanos-Lindner
Sent: Sunday, April 2, 2023 8:27 PM
To: Econ Dev
Cc:

Subject: Food Truck Discussion
Dear CVBID Board Members:

Thank you for bringing forward this discussion about special events and changes to the city's food truck ordinance.

I support increasing the time amount for food trucks to operate and allowing food trucks to operate on private property zoned commercial throughout the city.

Again, thank you for bringing this forward for discussion and I look forward to hearing more about this proposal and the possibility of more food trucks in Vista.

Sincerely,
Cristal Mejicanos-Lindner
Sent from my iPhone
10 06/13/2023 PH1 33 of 46

Gemma Aguilar
From: Chad Spinks
Sent: Sunday, April 2, 2023 4:35 PM
To: Econ Dev
Cc: Sarah Spinks
Subject: Food Truck Discussion
Dear CVBID Board Members:

Thank you for bringing forward this discussion about special events and changes to the city's food truck ordinance.

I support increasing the time amount for food trucks to operate and allowing food trucks to operate on private property zoned commercial throughout the city.

Again, thank you for bringing this forward for discussion and I look forward to hearing more about this proposal and the possibility of more food trucks in Vista.

Sincerely,
Chad Spinks
11 06/13/2023 PH 1 34 of 46

Gemma Aguilar
From: Alla Valdespino
Sent: Sunday, April 2, 2023 8:08 PM
To: Econ Dev
Subject: Food Truck Discussion
Dear CVBID Board Members:

Thank you for bringing forward this discussion about special events and changes to the city's food truck ordinance.

I support increasing the time amount for food trucks to operate and allowing food trucks to operate on private property zoned commercial throughout the city.

Again, thank you for bringing this forward for discussion and I look forward to hearing more about this proposal and the possibility of more food trucks in Vista.

Another topic of discussion that should be considered, is allowing for small street vendors to operate within the city of Vista in public spaces.

Sincerely,
Sent from Mail for Windows
12 06/13/2023 PH 1 35 of 46

Gemma Aguilar
From: Jacob Angelo
Sent: Sunday, April 2, 2023 7:13 PM
To: Econ Dev
Subject: Food Truck Discussion
Dear CVBID Board Members:

Thank you for bringing forward this discussion about special events and changes to the city's food truck ordinance.

I support increasing the time amount for food trucks to operate and allowing food trucks to operate on private property zoned commercial throughout the city.

Again, thank you for bringing this forward for discussion and I look forward to hearing more about this proposal and the possibility of more food trucks in Vista.

Sincerely,
Jacob angelo
13 06/13/2023 PH 1 36 of 46

Gemma Aguilar
From: Loraina Stinson
Sent: Sunday, April 2, 2023 5:33 PM
To: Econ Dev
Cc:

Subject: Food Truck Discussion
Dear CVBID Board Members:

Thank you for bringing forward this discussion about special events and changes to the city's food truck ordinance.

I support increasing the time amount for food trucks to operate and allowing food trucks to operate on private property zoned commercial throughout the city.

Again, thank you for bringing this forward for discussion and I look forward to hearing more about this proposal and the possibility of more food trucks in Vista.

Sincerely,
Loraina Stinson
14 06/13/2023 PH 1 37 of 46

Gemma Aguilar
From: Cipriano Vargas
Sent: Sunday,April 2, 2023 5:04 PM
To: Econ Dev
Subject: Food Truck Discussion
Dear CVBI❑ Board Members,
Thank you for bringing forward this discussion about special events and changes to the city's food truck ordinance.

I support increasing the time amount for food trucks to operate and allowing food trucks to operate on private property zoned commercial throughout the city.The city had them years ago and as a lifelong resident of District 1, it was a great addition to our community. I was disappointed in the decision to limit food trucks years ago and drive business out of our community.

We can see other cities with food truck policies that are inclusive and can mutually benefit our community.While are other impacts to consider such as our climate action plan, economic development plan and city budget, we can position ourselves to have a win win scenario.

I encourage you all to consider having this discussion at a time where more people are able to attend.As you seek input, I encourage you all to put out a community survey. Decisions are best made when more people can participate.

Again,thank you for bringing this forward for discussion and I look forward to hearing more about this proposal and the possibility of more food trucks in Vista.

Sincerely,
Cipriano Vargas
Sent from my iPhone
15 06/13/2023 PH 1 38 of 46

Gemma Aguilar
From: keely Brownell
Sent: Sunday, April 2, 2023 4:50 PM
To: Econ Dev
Cc:

Subject: Food Truck Discussion
Dear CVBID Board Members:

Thank you for bringing forward this discussion about special events and changes to the city's food truck ordinance.

I support increasing the time amount for food trucks to operate and allowing food trucks to operate on private property zoned commercial throughout the city.

Again, thank you for bringing this forward for discussion and I look forward to hearing more about this proposal and the possibility of more food trucks in Vista.

Sincerely,
Sent from my iPhone
16 06/13/2023 PH1 39 of 46

Gemma Aguilar
From:

Sent: Sunday, April 2, 2023 4:32 PM
To: Econ Dev
Cc:

Subject: Food Truck Discussion
Dear CVBID Board Members:

Thank you for bringing forward this discussion about special events and changes to the city's food truck ordinance.

I support increasing the time amount for food trucks to operate and allowing food trucks to operate on private property zoned commercial throughout the city.

Again, thank you for bringing this forward for discussion and I look forward to hearing more about this proposal and the possibility of more food trucks in Vista.

Sincerely,
17 06/13/2023 PH 1 40 of 46

Gemma Aguilar
From:

Sent: Sunday,April 2, 2023 430 PM
To: Econ Dev
Subject: Food Truck Discussion
Dear CVBI❑ Board Members:

Thank you for bringing forward this discussion about special events and changes to the city's food truck ordinance.

I support increasing the time amount for food trucks to operate and allowing food trucks to operate on private property zoned commercial throughout the city.

Because of the nature of how food trucks operate, it will generate a good amount of food packaging to be discarded. I hope that the city of Vista considers investing in trash receptacles with recycling and or green waste. We should be moving more and more in the direction of community consciousness of how we throw things away and how we should sort our trash.All food trucks should be made aware of the city of Vista's single-use plastic on request ordinance as well as encouraged to use more ecologically friendly alternatives to single-use plastic.

Again,thank you for bringing this forward for discussion and I look forward to hearing more about this proposal and the possibility of more food trucks in Vista.

Sincerely,
is
06/13/2023 PH 1 41 of 46

Gemma Aguilar
From: Bc Garcia
Sent: Sunday, April 2, 2023 4:03 PM
To: Econ Dev
Subject: Food Truck Discussion
Dear CVBID Board Members:

Thank you for bringing forward this discussion about special events and changes to the city's food truck ordinance.

I support increasing the time amount for food trucks to operate and allowing food trucks to operate on private property zoned commercial throughout the city.

Because of the nature of how food trucks operate, it will generate a good amount of food packaging to be discarded. I hope that the city of Vista considers investing in trash receptacles with recycling and or green waste. We should be moving more and more in the direction of community consciousness of how we throw things away and how we should sort our trash. All food trucks should be made aware of the city of Vista's single-use plastic on-request ordinance as well as encouraged to use more ecologically friendly alternatives to single-use plastic.

Again, thank you for bringing this forward for discussion and I look forward to hearing more about this proposal and the possibility of more food trucks in Vista.

Sincerely,
Barbara Garcia
District 2 resident
19 06/13/2023 PH 1 42 of 46

Gemma Aguilar
From: Nanci Oechsle
Sent: Sunday, April 2, 2023 1:09 PM
To: Econ Dev
Subject: Food Trucks
Dear CVBID Board Members:

Thank you for bringing forward this discussion about special events and changes to the city's food truck ordinance.

I support increasing the time amount for food trucks to operate and allowing food trucks to operate on private property zoned commercial throughout the city.

Because of the nature of how food trucks operate, it will generate a good amount of food packaging to be discarded. I hope that the city of Vista will invest in trash receptacles with recycling and green waste. We should be moving more and more in the direction of community consciousness of how we throw things away and how we should sort our trash.

All food trucks should be made aware of the city of Vista's single-use plastic on request ordinance as well as encouraged to use more ecologically friendly alternatives to single-use plastic.

Again, thank you for bringing this forward for discussion and I look forward to hearing more about this proposal and the possibility of more food trucks in Vista.

Sincerely,
Sent from Yahoo Mail on Android
20 06/13/2023 PH 1 43 of 46

Gemma Aguilar
From: Peter Kuchinsky II
Sent: Sunday,April 2, 2023 12:57 PM
To: Econ Dev
Subject: Food Truck Discussion
Dear CVBI❑ Board Members:

Thank you for bringing forward this discussion about special events and changes to the city's food truck ordinance.

I support increasing the time amount for food trucks to operate and allowing food trucks to operate on private property zoned commercial throughout the city.

Because of the nature of how food trucks operate, it will generate a good amount of food packaging to be discarded. I hope that the city of Vista considers investing in trash receptacles with recycling and or green waste. We should be moving more and more in the direction of community consciousness of how we throw things away and how we should sort our trash.All food trucks should be made aware of the city of Vista's single-use plastic on request ordinance as well as encouraged to use more ecologically friendly alternatives to single-use plastic.

Again,thank you for bringing this forward for discussion and I look forward to hearing more about this proposal and the possibility of more food trucks in Vista.

Sincerely,
Peter Kuchinsky 11
Vista, Ca
Sent from my iPhone
21 06/13/2023 PH 1 44 of 46

Gemma Aguilar
From: Sarah Spinks
Sent: Sunday, April 2, 2023 12:12 PM
To: Econ Dev
Subject: CVBID - Food Truck Discussion
Dear CVBID Board Members:

Thank you for conducting a meeting to discuss special events and changes to the city's food truck ordinance.

As a resident and frequent patron of downtown Vista, I love the idea of more variety for food while enjoying the walkability of our community and its outdoor spaces. As a business owner downtown, I see this as a boon to bringing people to my community art space and better activating the corner of downtown Vista where I am located (S. Citrus & Broadway). I also see this as an enhancement to events I already organize at my space.

Again, thank you for bringing this forward for discussion and I look forward to hearing more about this proposal and the possibility of more food trucks in Vista, and especially downtown Vista.

Sincerely,
Sarah Spinks
Backfence Society & downtown Vista resident
u
Sarah Spinks
(She/Her/Hers)
Treasurer/Founder/Programs Director
Backfence Society, Inc.501(c)3
110 S Citrus Ave.Suite F.

Vista,CA 92084
760.207.5557
22 06/13/2023 PH 1 45 of 46

Gemma Aguilar
From: Larry Vaupel
Sent: Tuesday, May 23, 2023 11:14 AM
To: Gemma Aguilar
Subject: FW: Food Trucks
From: Larry Vaupel
Sent:Tuesday, May 2,2023 2:06 PM
To:

Subject: RE: Food Trucks
Hi Hector.The matter is tentatively scheduled to hold a public hearing on 6/13 at the City Council meeting.You will be able to read the proposal and staff report on the City's website on 6/9.

State Law has changed, and Cities are no longer permitted to regulate food trucks in the public right of way except for safety issues. We will propose rules that will help enhance public safety around food trucks.

Best regards,

LARRY VAUPEL
City of Vista I Director of Economic Development
200 Civic Center Drive I Vista,CA 92084
Website I Twitter I Facebook I Instagram

CITY OF VISTA
From: pacodlf
Sent:Tuesday, May 2, 2023 12:13 PM
To: Larry Vaupel
Subject: Food Trucks
I heard City of Vista is allowing food trucks to come back to our streets in Vista, is that true? Have you been to any city that has this policy, they are horrible. Is there a public hearing for this? Thank you!
Hector
i
06/13/2023 PH 1 46 of 46

Amending Vista Municipal Code
Chapter 8.24 Relating to Food Vending
Vehicles

Food Truck Overview

Growing Market
Source:

Zippia,com

Appeals to All Ages
Source:

Zippia,com

Growing Industry
Source:

Zippia,com

Do Not Cause Restaurant Closings
•2022 study indicated that an
increase in food trucks does
NOT lead to fewer
restaurants.
•Food truck growth is
correlated to restaurant
growth

Proposed Changes
•Extend the maximum operating time in right-of-way from 30 minutes to three hours (plus set-up and take-down time).

•Extend operating hours from 7:00 a.m. to 11:00 p.m. instead 7:00 a.m. to 6:00 p.m.

•Eliminate distancing requirements between food trucks.

•Allow food trucks to operate in designated spaces located on public property (e.g., parking lots – to be determined).

•Allow food trucks to operate for up to eight hours instead of three hours at breweries.

Right of Way Rules
•Only on streets with maximum 35 mph speed limit .

•Parallel parking spaces only; serving customers on sidewalk. •Three hours maximum in one location.

•At least 100 feet from intersections.

•Must keep area clean and provide trash receptacle.
•Use of pennants, flags, music, horns, sirens, etc. are prohibited.

Private Property Rules
•Not allowed on vacant land without a principal use
established.

•Must have written permission from owner.
•Three hours maximum in one location; eight hours at brewery.

•Must be parked on paved surface.

•Can only operate if principal use is operating.

•Use of pennants, flags, music, horns, sirens, etc. are prohibited.

Staff Outreach
•CVBID held a meeting on April 3, 2023. All businesses located within the CVBID were invited to attend. No business owners or property owners attended the meeting.
•Staff held an open house on April 27, 2023, and invited every brewery and restaurant in the City to attend. No restaurant owners or managers attended the meeting. One brewery
attended and advocated for more liberal rules for food trucks.

Recommendation
•Open, conduct, and close a public hearing.
•Adopt the ordinance amending Chapter 8.24
of the Municipal Code regarding food
vending vehicles as proposed by staff.

Summary
Time Limit Streets Private Property
Carlsbad 1 hour 25 mph Permit
Oceanside 1 hour 25 mph Special Events
San Marcos None All Allowed
Escondido 4 hours All Allowed

Vista City CouncilJune 13, 2023

Vista City Council
June 13, 2023