Item No. 18
AGENDA REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Steven Graham Pacifico, City Attorney
SUBJECT: Amendment to Yucaipa Municipal Code Chapter 5.13 Related to Food Truck Permit Exceptions
RECOMMENDATION:
That the City Council:
1. Approve the Introduction and First Reading of Ordinance No. 461, an Ordinance of the City Council of the City of Yucaipa, California, amending Section 5.13.080 of the Yucaipa Municipal Code ("YMC") Relating to Food Truck Permit Exceptions; and
2. Direct the City Clerk to place the Ordinance on the consent calendar of the next regular City Council meeting for second reading and adoption.
BACKGROUNDIDISCUSSION:
Yucaipa Municipal Code Section 5.13.080 currently exempts a single food truck from the itinerant -vendor permit requirement only when it is (1) parked entirely on paved private property and (2) serves only invited guests of that property. Stakeholders —including local breweries and tasting rooms —have noted that the paved -surface restriction and the lack of a right-of-way option discourage periodic "guest" food trucks and limit culinary variety for patrons.
In response to this issue, the proposed amendment advances economic -development goals by giving beverage -oriented businesses flexibility to host rotating food trucks while preserving public safety and neighborhood compatibility. Specifically, the ordinance:
1) Rewrites § 5.13.080 for readability by grouping the four exemptions (Special Events, Private -Property Single Truck, City -Sponsored Events, and Adjacent Right -of -Way) under clear headings and bullet -style conditions.
2) Eliminates the paved -surface requirement so trucks may locate on any part of the host's private parcel that meets Fire and Building Code clearances.
3) Creates a new "Adjacent Public Property / Right -of -Way" exception that allows a truck to park on public property or within the immediately adjacent right-of-way when:
a) The host establishment is a bar, brewery taproom, winery or distillery tasting room, or similar beverage -first venue that would typically lack food service; b) The host secures an encroachment permit (or license agreement for City -owned parcels) conditioned on insurance, indemnification, traffic control, sanitation, hours of operation, noise mitigation, and restoration of the right-of-way; and
c) The food -truck operator appears no more than ten (10) days city-wide in any calendar year without obtaining a full itinerant -vendor permit.
FISCAL IMPACT:
The recommendation does not result in a fiscal impact.
Attachment(s):
1. Ordinance No. 461
Approved by: U(
ATTACHMENT 1
ORDINANCE NO. 461
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AMENDING SECTION 5.13.080 OF THE YUCAIPA MUNICIPAL CODE RELATING TO
FOOD TRUCK PERMIT EXCEPTIONS
WHEREAS, mobile food facilities —commonly known as "food trucks" —provide affordable, diverse dining options and support local entrepreneurship in the City of Yucaipa; and WHEREAS, Yucaipa Municipal Code ("YMC") § 5.13.080 currently exempts one (1) food truck from the itinerant -vendor permit requirement only when the truck is parked entirely on paved portions of private property and serves the guests of that property; and WHEREAS, the City Council finds that this limited exception unnecessarily limits a business's ability to host rotating food trucks and discourages small mobile operators that do not wish to obtain a separate itinerant -vendor permit for infrequent visits; and WHEREAS, allowing a food truck to locate within the immediately adjacent public property or public right -of -way —subject to an encroachment permit issued to the adjoining property owner or lawful lessee/tenant—will give brick -and -mortar establishments (for example, a neighborhood bar or tasting room) greater flexibility to offer periodic food service while ensuring the City retains control over public safety, insurance, indemnification, traffic management, sanitation, noise, and restoration of the right-of-way; and
WHEREAS, the City Council has determined that the amendments set forth herein are consistent with the City's economic -development goals and are exempt from the California Environmental Quality Act because adoption of this ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council finds that Section 5.13.080(B) currently exempts from the itinerant vendor permit requirement a single food truck operating on private property only when the truck is parked entirely on paved portions of private property and service is limited to guests of the property owner or lawful lessee/tenant. The City Council desires to remove the requirement that the truck be located on a paved portion of private property and extend the exception to allow a truck to locate within the immediately adjacent public property or public right-of-way pursuant to an encroachment permit issued to the adjacent property owner or lawful lessee/tenant, subject to reasonable conditions to protect the public health, safety, and welfare. //
Section 2. Amendment. Yucaipa Municipal Code Section 5.13.080 is amended to read in its entirety as follows:
5.13.080 Exceptions.
A. Special Events. A food truck operating as part of a City -approved special event is exempt from the itinerant -vendor permit otherwise required by this chapter, provided the operator complies with all conditions of the special -event permit issued under Chapter 5.16.
B. Single Truck on Private Property for Private Purposes. A single food truck may operate on private property without an itinerant -vendor permit when all of the following conditions are met:
(1) Written Permission. The property owner or lawful lessee/tenant has given written authorization to the truck operator. The written permission must specify the contracted vendor's business name and the dates and times which they are permitted to operate. The truck operator must maintain possession of the written permission at all times while operating within the City limits.
(2) Location. The truck is parked entirely on that private property. (3) Guests Only. Service is limited to the guests of the property owner or lawful lessee/tenant, and no sales are made to the general public. (4) Point -of -Sale. Food truck operator must possess a valid California Department of Tax and Fee Administration seller's permit which notes the City of Yucaipa as a location or sublocation, which shall be maintained during the dates of operation within the City of Yucaipa.
C. City -Sponsored Events on City Property. This chapter does not apply to a food truck operating at a City event or on City property when authorized by the City Manager or designee.
The authorizing agreement must include conditions that satisfy the purposes of this chapter.
D. Public Property/Right-of-Way Adjacent to a Qualifying Business. A food truck may operate on public property or in the public right-of-way immediately adjacent to a qualifying brick -and -mortar business without an itinerant -vendor permit, subject to the following:
(1) Qualifying Host Business. The adjacent business must be one whose primary activity involves on -premises consumption of beverages —such as a bar, brewery taproom, winery or distillery tasting room, or similar establishment.
(2) License Agreement / Encroachment Permit. The property owner or lawful lessee/tenant shall obtain a license agreement, in the case of public property, or an encroachment permit, in the case of public right-of-way, from the City. The permit is subject to all conditions imposed by the City Manager or designee, which may include: general -liability and automobile insurance naming the City as an additional insured; indemnification and defense of the City; temporary traffic -control and parking -management measures; sanitation, grease -capture, and waste -disposal requirements; hours and manner of operation; noise -mitigation measures; and
restoration of the right-of-way. The City Manager is authorized to negotiate and enter into such license agreements and encroachment permits for the purposes of this Section. (3) Point -of -Sale. Food truck operator must possess a valid California Department of Tax and Fee Administration seller's permit which notes the City of Yucaipa as a location or sublocation, which shall be maintained during the dates of operation within the City of Yucaipa. (4) Records. The host business shall maintain records of the dates and names of food truck businesses that serve their subject site. Such records shall be furnished to the City Manager or their designee on a monthly basis.
(5) Appearance Limit. A food truck operating under this subsection may appear no more than ten (10) days in any calendar year city-wide without first obtaining an itinerant -vendor permit.
(6) Compliance and Removal. The host business must ensure continuous compliance with all encroachment -permit conditions and shall cause the truck to relocate or cease operations immediately upon order of the City for public -safety or operational reasons.
E. County Health Permit. Notwithstanding the above, any person operating a food truck must comply with the provisions of Section 5.13.050. It is the responsibility of the qualifying host business to ensure their contracted food vendors comply and maintain compliance with all applicable state and county health standards and permits.
Section 3. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is held invalid, the remaining portions shall remain in full force and effect.
Section 4. Publication and Effective Date. The City Clerk is ordered to publish this Ordinance as required by law. This ordinance shall take effect thirty (30) days after its adoption.
PASSED, APPROVED and ADOPTED this day of , 2025.
Jon Thorp, Mayor
ATTEST: APPROVED AS TO FORM
Ana V. Sauseda, MMC Steven Graham Pacifico
Director of General Services City Attorney