(San Diego, CA) New regulations regarding the operations of food trucks in public right-of-way and on private property were approved last Monday, March 3, 2014.  Changes to the food truck law were brought about due to an existing code that prohibits food trucks to operate from private property, but is not strictly enforced or implemented.  Instead of just ignoring the code, interim Mayor Todd Gloria insisted that it would be more appropriate to make amendments to the existing one.  On September 19, 2013 Gloria issued a memorandum requesting to look into the matter of legally allowing food trucks to operate on private property “in a manner that best balances safety, community character, and economic interests of the surrounding areas”.

Prior to the amendments, food truck operators have been complaining about how hard it is to operate in public streets while not being allowed to do business on private property except in the downtown area.  On the other hand, restaurateurs were anxious about the competition being brought about by the proliferation of food trucks.

The new ordinance now allows property owners to host food trucks provided an over-the-counter permit from the city’s Development Services Department is acquired by the land owner.  Food truck operators themselves are not required to get the permits, and neither are schools, hospitals, religious facilities, construction sites or other industrial area property owners.

Operations are also now allowed in other industrial, commercial, Centre City Planned District zones, and multi dwelling residential zones.  Exceptions are applied for zones that do not allow commercial development (i.e. environmentally sensitive open space or low density residential), as well as streets with limited on-street parking.  Schedule and restrictions for residential areas are as follows: trucks must be 300 feet of a home, service is between 6 a.m. and 10 p.m. Sunday through Thursday and between 6 a.m. and 11 p.m. Friday and Saturday.

In a news release last February 13, “The Interim Mayor also clarified some misconceptions circulated online and in a couple of news reports and on some websites.

Misconception: The proposal would limit food trucks from parking within 500 feet of restaurants.

Correction: There is no 500 foot separation distance that would be required from restaurants, nor is there any other limitation in the ordinance that would require a specific separation distance between mobile food trucks and restaurants.

Misconception: The proposal would ban food trucks in Gaslamp, Little Italy, and portions of Pacific Beach, Mission Beach, Ocean Beach, La Jolla, and around San Diego’s universities.

Correction: There is no ban of mobile food trucks included in the proposed ordinance. Instead, the City has identified appropriate zones and locations to allow mobile food trucks by right; and locations where food trucks need minimal staff review in order to limit the time, place, and manner of operations to minimize potential conflicts between pedestrians and vehicles.”

Councilwoman Lorie Zapf, who guided the regulations through the Smart Growth and Land Use Committee she chairs believes, “I think this is a good compromise.  We needed fair rules for the road and I want everyone to be successful. I want the brick-and-mortar restaurants to be successful and also the food trucks to be successful — and I absolutely think there is room for both to be successful.”

You can view the entire proposal and amendments here.