Planning Commission Staff Report
Report Prepared by: Sam Rashe, Planning Manager, Development Services Department
Title
SUBJECT: Recommendation to City Council to adopt an Urgency Ordinance Establishing a Temporary Moratorium on Food Trucks in Fixed Locations Pursuant to Government Code Section 65858 to Consider Amending Merced Municipal Code (MMC) Chapter 20.44.020 - Food Trucks in Fixed Locations
ACTION: Approve/Disapprove/Modify
1) Resolution to recommend the Merced City Council adopt an Urgency Ordinance Establishing a Temporary Moratorium on Food Trucks in Fixed Locations Pursuant to California Government Code Section 65858
RECOMMENDATION
Planning Staff recommends that the Planning Commission adopt a Resolution recommending that the City Council:
• Adopt an urgency notice to establish a temporary moratorium on new approvals under Merced Municipal Code (MMC) Chapter 20.44.020, Food Trucks in Fixed Locations; and
• Direct staff to prepare comprehensive amendments to MMC Chapter 20.44.020 to address concentration, location, land-use compatibility, and community impacts associated with food trucks operating in fixed locations.
Body
DISCUSSION
LOCATION: City of Merced
GENERAL PLAN DESIGNATION AND SURROUNDING USES:
|
Land Use Designation |
|
Project Site |
North |
South |
East |
West |
|
Multiple |
Multiple |
Multiple |
Multiple |
Multiple |
|
Zoning Designation |
|
Project Site Multiple |
North |
South |
East |
West |
|
|
Multiple |
Multiple |
Multiple |
Multiple |
BACKGROUND AND PRIOR ENTITLEMENTS: 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. On May 6, Acting Chair Jerimiah Greggains requested that this item be brought forward for formal discussion, citing concerns regarding concentration, compatibility with surrounding land uses, and potential nuisance impacts on existing brick-and-mortar businesses.
California Government Code Section 65858 provides a mechanism to establish a temporary moratorium prohibiting any uses that may be in conflict with a contemplated zoning proposal the planning commission or the planning department is considering or studying or intends to study within a reasonable time. Requesting the City Council adopt such an Urgency Ordinance will allow the necessary time to study this issue and recommend changes to the zoning ordinance to address concerns with public safety, health and welfare resulting from the heavy concentration of food trucks created as a result of MMC 20.44.020 as currently adopted.
PROJECT DESCRIPTION: The purpose of this item is to review the current state of MMC 20.44.020, Food Trucks in Fixed Locations, assess whether the ordinance adequately addresses modern operational practices, land-use compatibility, public safety, and equitable distribution, and identify whether food trucks should continue to be allowed in Downtown, Commercial, and Industrial zoning districts.
ANALYSIS: 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. These figures indicate a significant geographic imbalance, resulting in overconcentration, traffic concerns, limited distribution across the community, and potential competitive pressures on brick-and-mortar businesses.
MMC 20.44.020 does not sufficiently address distribution across zoning districts, separation requirements from existing restaurants, operational standards, nuisance considerations, or long-term economic-development impacts.
ENVIORNMETNAL DETERMINATION: Pursuant to the California Environmental Quality Act (CEQA), staff has determined that recommending the City Council consider a temporary moratorium and ordinance update is not a project under CEQA.
GENERAL PLAN CONSISTENCY: Future ordinance amendments will be required to ensure consistency with the Economic Development, Land Use, and Community Design Elements of the General Plan.
Findings/Considerations
A temporary moratorium is necessary to protect public health, safety, and welfare by preventing overconcentration of food-truck uses, ensuring equitable geographic distribution, and addressing evolving operational practices.
ATTACHMENTS
A) Draft Planning Commission Resolution