Report Prepared by: Sam Rashe, Planning Manager, Development Services Department
Title
SUBJECT: Adoption of an Urgency Ordinance Establishing a Temporary Moratorium on Food Trucks in Fixed Locations Pursuant to California Government Code Section 65858
REPORT IN BRIEF
Considers the adoption of an urgency ordinance establishing a temporary moratorium on the: Acceptance, processing, approval, or issuance of any new permits, entitlements, approvals, or land use authorizations for food trucks operating in fixed locations pursuant to Merced Municipal Code Chapter 20.44.020.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a Temporary Moratorium and Amend Merced Municipal Code (MMC) Chapter 20.44.020; and,
B. Adopting Ordinance 2593, An Urgency Ordinance of the City Council of the City of Merced, California, establishing a temporary moratorium on new approvals for food trucks in fixed locations, pursuant to Merced Municipal Code Chapter 20.44.020, pursuant to California Government Code Section 65858; or,
C. Directing staff to study and return with proposed amendments to Merced Municipal Code to establish a comprehensive framework governing food truck fixed locations.
Body
ALTERNATIVES
1. Approve, as recommended by staff; or,
2. Approve, subject to conditions other than as recommended by staff; or,
3. Deny; or,
4. Continue to a future meeting.
AUTHORITY
California Government Code Section 65858.
CITY COUNCIL PRIORITIES
Protect public health, safety, and welfare.
DISCUSSION
On Wednesday, May 20, 2026, the Planning Commission recommended approval of an Urgency Ordinance establishing a temporary moratorium on food trucks in fixed locations to City Council.
Since adoption of MMC 20.44.020, the Planning Commission has approved 34 food‑truck entitlements, including 26 single‑use trucks and 8 multi‑use locations. A significant number of approved locations-primarily those between 16th Street and 18th Street, from R Street east to MLK-have resulted in a high concentration of food‑truck activity in the downtown and central‑city areas.
Current City data shows that 18 of the 34 total food‑truck locations are within a 2.5‑mile radius centered around 16th Street and the Main Street area, while only three permitted locations exist north of 24th Street within a ten‑mile radius. This distribution of food trucks shows that there is a substantial geographic concentration of food truck activity within a limited area of the City.
The operation of food trucks within a limited geographic area may lead to land-use implications, including heightened pedestrian and vehicular traffic, litter accumulation, congestion, and parking challenges. As the number of food trucks escalates, the likelihood and severity of land use impacts correspondingly increase, influencing infrastructure, adjacent properties, and the overall character of the districts involved.
Currently, the Merced Municipal Code Section 20.44.020 addresses permitting and fundamental operational requirements; however, it does not address spacing, concentration, or distribution of food-truck operations throughout the community. The existing code also lacks standards related to separation from existing restaurants, cumulative nuisance impacts, and broader economic development considerations.
Given the concentration of food trucks and the absence of regulatory tools to address potential cumulative impacts, the City has a legitimate interest in updating its regulations to promote public health, safety, and welfare; and reduce the potential for nuisance conditions; ensure orderly development patterns; protect public infrastructure; and maintain a balanced and equitable distribution of commercial services throughout the community. Without immediate action, the City would continue to process and approve food truck permits under a framework that lacks clear standards and coordination. This process may result in unsafe concentrations of food trucks in a specific geographical area, which presents risks to public health, safety, and welfare.
ENVIORNMETNAL DETERMINATION
Pursuant to the California Environmental Quality Act (CEQA), staff has determined this ordinance is not a project under CEQA.
IMPACT ON CITY RESOURCES
None at this time.
ATTACHMENTS
1. Urgency Ordinance 2593 establishing a Temporary Moratorium of Processing Permits for Food Trucks in fixed locations under MMC chapter 20.44.020
2. Merced Municipal Code Chapter 20.44.020
3. Presentation