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It’s going to get more expensive for food trucks to set up shop in Del Mar.

After putting the kibosh last fall on any more business licenses for the increasingly popular mobile eateries until City Hall could come up with new rules to govern them, Del Mar will soon require food truck operators to secure $350 annual operating permits — in addition to a business license.

The City Council approved the new rules in April. It OK’d the new fee by a unanimous vote without discussion Monday night.

It could be worse. Just up the road in Encinitas, city officials in September began requiring a special permit and $1,600 fee for events involving food trucks, essentially killing a “Food Truck Fridays” festival on Highway 101 a few weeks after it was launched.

That’s of little solace to Christian Murcia, who owns Curbside Bites and has organized food truck nights throughout the county. He said the new rules and new fee will essentially kill what was a burgeoning food truck scene in Del Mar.

“There are so many other cities to operate from in San Diego County, it’s just not worth it for a city that small,” he said.

Food trucks became a hot topic in Del Mar after six trucks began gathering for Murcia’s weekly Food Truck Night in October at Seaview Parking Lot off Coast Boulevard. Some people complained about noise and trash, as well as what they said was unfair competition with nearby restaurants.

The new rules and the additional fee take effect May 15. Under the guidelines, the mobile eateries are allowed to operate only in commercial zones or on private property and only between 10 a.m. and 9 p.m., except for private catering events. They also have to pay the city any sales taxes collected while operating there.

Operators also have to control smoke and odor, serve food on environmentally friendly materials, provide trash bins, and ensure that restrooms are available nearby.

Del Mar is basing its $350 fee for an operating permit on estimates of how much staff time it will take to process an application.

Other North County cities also have updated regulations for the mobile eateries over the last several months in response to the food truck fad across the region and the nation. Oceanside, Carlsbad and Vista have loosened their food truck rules.

Murcia conceded that food truck nights can siphon business from restaurants nearby, but added, “We’re drawing people to an area that people are not normally drawn to.”

http://www.utsandiego.com/news/2013/May/07/del-mar-food-truck-permits/

File photo: Mangia Mangia served up gourmet bites at the food truck rally at Gourmet Food Truck Festival and the Del Mar race track in Del Mar on July 28, 2012. Credit Michelle Mowad

It may cost $350 in permitting fees to operate a food truck in Del Mar this summer. Del Mar City Council approved this administrative fee for permit applications to cover the costs of processing applications and issuing operations permits at its Monday night meeting.

The $350 application fee is in addition to licensing fees. Council also set a $175 annual renewal rate for operating permits.

The decision comes after months of work to establish code to appropriate for mobile food vendors and Del Mar citizens. Residents have expressed concerns with noise, trash, smells and parking after trucks starting showing up near Coast Boulevard in October.

In April, City Council approved regulatory standards for mobile vending operations that regulate time, place and public health and safety procedures. The city also created a policy that requires food trucks to obtain operating permits annually. Both of these ordinances take effect on May 15.

http://delmar-carmelvalley.patch.com/articles/food-truck-fight-continues-del-mar-establishes-permit-fees

Residents ponder their food truck options during Wednesday night gatherings of the mobile businesses in October. City Council approved food truck regulations at the April 1 meeting. Once the new law takes effect, a moratorium will be lifted and the mobile eateries can return to the city. Photo by Bianca Kaplanek

DEL MAR — Food trucks will soon be allowed to roll back into Del Mar.

Council members approved ordinances at the April 1 meeting establishing rules for the mobile eateries that had some residents and business owners all fired up when they first appeared in town this past October.

The new law, which will take effect in about a month, provides regulatory standards for most mobile vending businesses, but especially food trucks on private property, as was the case for the previous Wednesday night gatherings, in the public right of way and for private catering and nonprofit fundraisers.

All mobile vending operators will be required to obtain a mobile operations permit and city business license. They must also comply with all state and county health code licensing and permitting requirements and report tax revenues generated in Del Mar.

Food trucks can operate on private property in the central, north and beach commercial zones between 10 a.m. and 9 p.m.

Only one truck per 1,500 square feet is allowed, with a maximum one event per week and eight trucks per event.

Operators must control smoke and odors to avoid public nuisances and can idle their engines for no more than five minutes per hour.

Food packaging must be biodegradable, compostable or recyclable. Waste and recycling bins will be required. Operators must clean up all areas within a 100-foot radius.

Amplified noise, temporary lighting and signage will not permitted. Alcohol cannot be sold or served. Overnight parking is prohibited.

Operators must also provide one onsite restroom, two off-street parking spaces and two fixed-location bike parking spaces per truck.

Slightly different regulations apply to food trucks in the public right of way and for private catering and nonprofit fundraisers.

Bill Michalsky, the only resident to offer public input, said most of his concerns were addressed in the ordinance, but he had a few issues.

“I get concerned about the restrooms,” he said. “Is there going to be code enforcement, or somebody at least in the beginning to kind of keep their eyes on this?

“I hope it’s not a resident kind of caused enforcement action that’s going on,” he said. “I am concerned about vending creeping out of the commercial zone. … The streets aren’t that big and a lot of these vehicles are not just little vans cruising up and down the street.”

Food trucks began setting up shop on Wednesday nights in October in the Seagrove parking lot at 1601 Coast Boulevard, across from Powerhouse Community Center.

Almost immediately concerns were raised about noise, traffic, smells, lighting, restroom availability and impacts to established restaurants, although state law precludes cities from banning the trucks because they may add competition to brick-and-mortar establishments.

Council adopted interim urgency ordinances that prohibited the issuance of any new business licenses for the trucks to allow staff to create regulations in Del Mar. Once the law takes effect, the current moratorium, which was valid until the end of the year, will be lifted.

Council members will set the permit fees during the second reading of the ordinance within the next month or so.

Nine food trucks had been issued business licenses before the moratorium was adopted in November. The trucks haven’t returned to town since then.

Christian Murcia, who organized the gatherings, said he was approached by officials from Seagrove parking to create business in the underutilized lot during the offseason.

He said he didn’t expect to be there in the summer months. He also said the Wednesday night gatherings weren’t very profitable for the operators.

Council members approved the new law 4-0, with Al Corti absent.

“I think it should go forward,” Councilman Don Mosier said. “We should get through a first season of implementation and then maybe revisit it in a year.

“But I think as a starting point this is a well-thought out, well-written document,” he said.

http://thecoastnews.com/2013/04/food-truck-moratorium-lifted-in-del-mar/

City Council extended for nearly a year a moratorium that prohibits any new food truck vendors from obtaining a business license until staff can create an ordinance to regulate the mobile restaurants. The Wednesday night gatherings in Seagrove parking lot started in October but they haven’t resumed since November. Photo by Bianca Kaplanek

DEL MAR — If food trucks operators ever decide to return to Del Mar, it could be almost a year before any new ones can join the weekly gatherings.

At the Feb. 19 meeting, City Council extended a temporary moratorium on the mobile businesses for another 10 months and 15 days, giving staff ample time to create regulations to address public safety concerns that have been raised.

The trucks rolled into town Oct. 10, 2012, setting up shop Wednesday nights in the privately owned Seagrove parking lot at 1601 Coast Blvd., across from Powerhouse Community Center.

Almost immediately concerns were raised about noise, traffic, smells, lighting, restroom availability and impacts to established restaurants, although state law precludes cities from banning the trucks because they may add competition to brick-and-mortar establishments.

In November, Council adopted an interim urgency ordinance that prohibited the issuance of any new business licenses for the mobile businesses. Nine had been granted at that point.

That ordinance expired Jan. 4 and a new one was adopted Jan. 14. Since then staff has been looking into what other cities have done to regulate the popular events but has yet to create an ordinance for Del Mar.

According to the staff report, other cities have struggled with regulations.

The current goal is to present a draft ordinance to the Planning Commission March 12 and return to council April 1 for the first reading of a new law. If adopted, the ordinance could take effect as early as May 15, at which time the moratorium would be lifted.

Proposed standards for mobile food trucks operating on private commercial property, such as the Seagrove parking lot, include a requirement to obtain an operations permit that would allow a maximum of eight trucks — one for every 1,500 square feet of level, paved, open area on the site — in the central, beach and north commercial zones.

Two vehicle and two fixed bicycle parking spaces per truck would be required. Hours of operation would be 8 a.m. to 9 p.m., and one restroom with hand-washing facilities must be onsite for employees.

Different but similar standards would be required for food trucks operating on the public right of way, catering on private property or during a fundraising event for nonprofit organizations.

Council members also suggested the proposed ordinance prohibit alcohol sales, address pedestrian safety getting to and from the trucks, especially when crossing Coast Boulevard, and include provisions to encourage recycling and the use of recyclable containers.

As proposed the ordinance requires operators to pick up trash within 25 feet of the truck before leaving. Councilman Don Mosier recommended increasing the distance because wind is a factor at the beach. He said there should also be idling restrictions and a provision that addresses allowable smoke generation.

Councilman Al Corti said the regulations should be at least as stringent as those applied to sidewalk cafes. Mayor Terry Sinnott said the trucks should be required to demonstrate mobility.

There were concerns about traffic and parking in the summer, especially during the Monday concerts at Powerhouse Park.

Christian Murcia, who organized the gatherings, said he was approached by officials from Seagrove parking to create business in the underutilized lot during the offseason.

He said he didn’t expect to be there in the summer months. “We were specifically approached to extract money for the parking lot owners during the offseason,” he said.

All business licenses in Del Mar expire at the end of each calendar year. Although new food truck operators couldn’t be issued a license after the original moratorium was adopted, the nine operators who received them last year had until Jan. 31 to renew. Less than half did so.

Murcia said the Wednesday night gatherings weren’t very profitable. The trucks haven’t returned to the city since November.

http://thecoastnews.com/2013/02/new-food-trucks-on-hold-for-10-more-months/

On Feb. 19, the Del Mar City Council for the third time extended a 45-day moratorium placed on mobile food trucks and also heard elements of a proposed ordinance to regulate that type of vendor in the city. Officials hope to get firm regulations in place by May so that food trucks can operate during the summer months.

The first moratorium was placed in November after trucks began organizing a weekly event at the Seagrove parking lot at 1601 Coast Blvd. and both residents and officials expressed concern about safety, parking, noise and other impacts. In January, a new emergency ordinance was placed because the other one had expired, and the recent decision extended that measure while the city continues to develop mobile vending regulations.

So far, the city has proposed requiring an operations permit with an expiration of one to two years to operate on private commercial property. The draft ordinance currently allows one truck per 1,500 feet, no more than eight trucks operating at one time and operation hours of no earlier than 8 a.m. and not later than 9 p.m.

Staff has proposed requiring one bathroom and two bicycle parking spaces, however, the council raised some concern about having enough bathroom space. The ordinance as proposed also will require recycling containers within 100 feet or trucks, adequate tax revenue reporting and a site plan that will be reviewed by the city.

The ordinance would also prohibit amplified music, temporary lighting and signage other than exhibited on the vehicle.

http://www.delmartimes.net/2013/02/20/del-mar-council-hears-proposed-food-truck-regulations/

After extending a 45 day moratorium on issuing licenses to food truck vendors to 90 days last month, the Del Mar City Council is now planning to pass another extension of the ban, this time for 10 ½ months.

Interim Urgency Ordinance 877 was originally passed in November 2012 and should again be extended “in order to complete the necessary research and drafting of an ordinance to present to the Planning Commission and, upon the Commission’s recommendation, the City Council for formal adoption,” according to a city council staff report to be presented at a meeting next Tuesday, February 19.

The council says a specific set of regulations is necessary due to concern for public health and safety. Critics have charged that complaints largely originate from brick-and-mortar businesses who resent the competition their lower-overhead mobile counterparts provide, and note that the county’s Department of Environmental Health already conducts annual inspections to ensure food safety, just as they do at traditional restaurants.

Del Mar points to other coastal Southern California cities including Santa Monica, Manhattan Beach, and Hermosa Beach, which have all recently enacted regulations specifically addressing mobile food trucks. The city says it will look to these other locales for language that could be used in drafting their own report.

http://www.sandiegoreader.com/weblogs/news-ticker/2013/feb/15/del-mar-again-extending-ban-on-food-trucks/

The Del Mar City Council on Jan. 14 adopted a 45-day emergency ordinance prohibiting the issuance of food truck permits while the city studies potential mobile vending regulations.

An identical moratorium was put in place in November after nine permits had been issued for a regular food truck event that had started up in the parking lot at 1601 Coast Blvd., and featured about six trucks every Wednesday from 5:30 to 8:30 p.m. Renewal of the original ordinance would have required a noticed public hearing, and city documents state that city staff was unable to return to the council with an extension ordinance due to the council’s limited meeting schedule during the holidays.

The moratorium doesn’t prohibit existing license holders from conducting business and renewing their licenses, however, the weekly food truck event has ceased. The company behind the event, Curbside Bites, indicated on its website that there would be a food truck event on Dec. 5, but it didn’t happen.

Mobile businesses, particularly food trucks, are a growing phenomenon and somewhat uncharted territory for Del Mar’s city code.

Kathy Garcia, Del Mar Planning and Community Development director, said that the city’s current analysis and potential regulations will not just pertain to food trucks, but also trucks that offer services such as pet grooming and retail vending, which have been popping up around the country. She also named catering trucks, push carts, ice cream trucks, mobile grocery trucks and construction site lunch trucks.

The city will also be analyzing farmers markets and weekly bazaars as part of this study.

According to city documents, city regulations could potentially address the following: compliance with health and safety regulations; hours of operation; noise; truck density; parking requirements; restroom availability; lighting; signage; refuse collection and recycling; residential impacts; and traffic and pedestrian safety within the public right-of-way.

City officials estimate that the process of completing and adopting regulations will take four to six months, with an initial Planning Commission review in March or April.

Jason Charnholm, 13, pays for a strawberry crepes from a food truck at the Seagrove Parking Lot in Del Mar on Wednesday. | r.|_Mandatory Photo Credit: Photo by Hayne Palmour IV/U-T San Diego

Del Mar — Del Mar won’t be welcoming any more food trucks to town for at least 45 days while the city crafts specific food truck regulations.

In a 4-0 vote, last week, with Councilwoman Lee Haydu absent, City Council members passed an urgency ordinance giving the city time to flesh out details for specific food truck legislation. That could include a fee to offset any costs the city might face because of the trucks.

“This is a very short window so that we can prepare an ordinance, not necessarily to ban them (food trucks),” said Councilman Mark Filanc. “The idea is we have a lot of issues such as noise, light, parking, trash and restroom facilities, which to me are safety and health issues, that need to get resolved before we expand the use of this.”

The proposed ordinance could address food truck hours, parking, restroom availability for patrons and trash regulations although specific content for the ordinance is unclear at this point, said city Planning and Community Development Director Kathy Garcia.

“Council directed us to look at all outdoor and mobile vending ordinance options,” she said. “We don’t know what the ordinance will end up addressing at this point, but several issues they want us to analyze in more depth will be taken into consideration.”

Issues on the table include pedestrian safety, food truck days and hours of operation, noise, lighting, parking availability, trash, recycling and restroom access.

City staff might need to extend the 45-day moratorium, depending on how much can be accomplished over the holidays, Garcia said. Because the ordinance is “urgent,” it went into effect immediately.

Starting in early October, six food trucks began gathering for a weekly “Food Truck Night” on Wednesdays at Seaview Parking Lot on Coast Boulevard hosted by Curbside Bites. The get-together quickly garnered criticism — most vocally from the brick-and-mortar business community. Complaints ran the gamut of topics, from noise and trash to unfair competition.

State legislation does allow cities to craft local food truck rules to address public safety, but does not allow for regulation addressing competition, a fact that event organizer Christian Murcia, owner of Curbside Bites, was quick to point out.

“The key thing there is ‘in the interest of public safety,’ ” Murcia said about the ability of cities to regulate food trucks. “In reviewing all the documents submitted, competition was the biggest issue brought forward. That doesn’t have anything to do with the way the state allows regulation.”

Murcia said if the ordinance is seen as a ban on food trucks and not as a legitimate attempt to address public safety issues, litigation from the Southern California Mobile Food Vendors Association could ensue.

Matt Geller, president of the food vendor association, said an urgency ordinance wasn’t the end of the world.

“I don’t think this is an ‘oh my God, everything is crumbling’ moment,” he said. “This is a good opportunity for us to work cooperatively with them to help them address public safety.”

Geller said there’s nothing wrong with cities crafting ordinances to protect the community, but when “anti-competitive” measures show up, there could be a problem.

“When we see a situation where people try to jump in to regulate competition, that’s when we’ll take the litigation route,” he said. “We have a responsibility to our membership to make sure their ability to compete isn’t stunted.”

T. Patrick Stubbs, business partner of Pacifica Del Mar and an outspoken voice during the food truck debate, hopes the “timeout” will provide “an opportunity to work together to come up with a proper ordinance that befits Del Mar’s vision for its future.”

http://www.nctimes.com/news/local/del-mar/food-trucks-run-into-moratorium/article_db0a650f-878d-5861-a92e-7e9da3cf297c.html

Tasha Berger places her order at the Calbi tacos and burritos food truck after walking her dog at Dog Beach. Berger, who called herself a regular at Poseidon restaurant across the street, said she planned to stop for take-out somewhere on her way home to Carmel Valley. “This is cool,” she said. “I didn’t want to cook tonight.” Photo by Bianca Kaplanek

DEL MAR — City Council adopted an urgency ordinance at the Nov. 19 meeting that places a temporary moratorium on issuing business licenses to food trucks, a move that could potentially end the Wednesday night gatherings and result in a lawsuit, the event organizer said.

“If a moratorium is going to be put on the food trucks in terms of issuing new business licenses, we see that as a ban to food trucks, which goes directly against state code, and we’ll immediately take legal action,” said Christian Murcia, who in addition to starting the event owns two of the six trucks that currently hold business licenses to operate in Del Mar.

He said attorneys for the Southern California Mobile Food Vendors Association were made aware of the council decision the following day “and they will be contacting the city.”

“If this ordinance is passed I can probably see that the food truck gathering may not continue through the wintertime,” Murcia added.

Right after the Wednesday night gatherings began Oct. 10 in the Seagrove parking lot at 1601 Coast Blvd., city staff received emails and phone calls asking about the legality of the event and raising concerns about everything from competition with existing restaurants to impacts on public safety.

As a result, at the Oct. 22 meeting, council members directed the city attorney to develop an urgency ordinance.

In the interim, staff asked restaurant operators in the city for “any quantifiable information on business trends that have been noticed in their restaurants since the … food truck event began.” Four responded.

The general manager of Jake’s, which is across the street from the parking lot, noted a 15 percent decline in business since the food trucks arrived.

Tom Ranglas from Poseidon, also across the street from the event, said it was hard to determine the effects during the winter months but he expected a decline in the summer at the restaurant and snack bar.

Daniel Schreiber from Del Mar Rendezvous also said it was difficult right now to determine any loss in sales.

Dan Sbicca, owner of the eponymous restaurant, didn’t cite sales numbers but said he, like his colleagues, didn’t support the event.

City Attorney Leslie Devaney said state law precludes cities from banning the trucks because they may add competition to brick-and-mortar establishments.

Council members at the November meeting said they adopted the 45-day maximum moratorium to give staff more time to study the public safety issues such as restroom availability, parking, lighting, noise, odors, trash and pedestrian safety.

They also said they would like to develop regulations for all outdoor mobile vending services, including those that sell clothing or offer games for birthday parties, because it is a growing business trend nationwide.

Murcia said after reading the staff report, the focus seemed to be more about unfair competition to local restaurants, but he doesn’t see it that way.

“I don’t feel we’re in local competition,” he said. “It’s a completely different demographic that we’re appealing to. The trucks that are there aren’t making money anyway.”

Although six trucks are licensed to operate, not all have shown up other than for the first event. Murcia said he tried to attract new truck owners but they are hesitant to spend money on a business license that will expire at the end of December.

He also noted that because the licenses expire in about five weeks, with the 45-day moratorium no trucks will be authorized to do business after Jan. 1.

“I don’t think we’ll get a good idea of what the food truck gathering will be like,” he said.

Murcia also submitted to the city a report from the Institute for Justice that outlined seven myths about food trucks, which included a finding that they actually help rather than hurt local businesses.

Murcia also said many of the public safety issues raised are already covered by city laws.

Councilman Terry Sinnott disagreed. “(This) is so new to the community that our existing ordinances … may not apply,” he said.

The city is also considering an impact fee to cover expenses such as trash pickup and public restroom use for truck patrons.

The only person other than Murcia to address council was Councilman-elect Al Corti.

“I don’t think it’s a good idea in Del Mar,” he said. “It also schlocks up the beach.” He said the city should take the time now to examine the impacts before the business grows.

“You may find out in the summer there’s 20 trucks down there,” he said.

Murcia said he didn’t expect to be there in the summer months. “We were specifically approached to extract money for the parking lot owners during the offseason,” he said.

The moratorium could be extended for up to one year but Devaney said she didn’t recommend doing that.

“I would really encourage us not to overregulate,” Sinnott said. “We can’t address competition. That’s not our role.” He added the city is responsible for ensuring the trucks are operating safely.

Councilman Mark Filanc said trash and restroom use are probably the two major issues.

http://thecoastnews.com/2012/11/del-mar-could-face-lawsuit-for-halting-food-truck-expansion/

The Del Mar City Council on Nov. 19 approved an emergency ordinance proposed last month that will suspend the issuance of licensees to food trucks for 45 days, or until the council can put in place regulations specific to that type of food establishment. The six trucks that already obtained licenses and have been operating on Wednesdays from 5:30 to 8:30 p.m. in the parking lot at 1601 Coast Blvd. are safe from the ordinance, which went into effect immediately

The city will be looking into concerns raised, such as noise, odor, restroom availability and recycling enforcement, and will return to the council with a draft ordinance and permitting processes for the regulation of this new food retail phenomenon. As it stands, there are not city regulations for issues such as outdoor lighting and food smells, and the ordinance will cover all methods of outdoor vending — not exclusive to food trucks.

Councilman Don Mosier said he has heard response from residents that there is not proper signage at the parking lot indicating that parking is free, and he has also heard complaints that people get their food to-go and don’t dispose of litter properly.

Christian Murcia organizes the Del Mar food trucks, which operate under the company Curbside Bites. He said the winter months are already a slow period for food trucks, and asked the council to consider waiting to enact the moratorium so they can get a better idea of what the food truck gathering will be like. He also said several new vendors are seeking permits to operate in Del Mar, and he expressed concern that with only six trucks, the gathering may not make it through the winter if the ordinance is passed.

Councilman-elect Al Corti said he doesn’t think food trucks are a good idea in Del Mar, not only because it harms existing brick-and-mortar businesses that pay rent and taxes, but also because of possible repercussions such as trash and noise.

“Why wouldn’t you put a moratorium on it now as quickly as you can? … We can then determine over time what impacts it may have in the community,” he said. “It won’t hurt those trucks that are already there … and if you don’t do it, in the summer there may be 20 trucks down there and that may not be what we want to see.”

Murcia said the California Vehicle Code allows cities to regulate food trucks in the interest of public safety, whereas a prominent reason that prompted the city to seek a moratorium — competition with existing businesses — does not threaten public safety and therefore does not constitute a moratorium.

He said if the moratorium goes through for that reason, the Southern California Mobile Food Vendors Association, which he is a member of, would see it as a ban that violates state law.

“We’ll immediately take legal action with that,” Murcia said.

City Attorney Leslie Devaney said the city can only do an urgency ordinance if there is a threat to public welfare, and the reason for the ban would have to be issues such as lighting, trash and noise. If brought to court, the city would have to show that those concerns are potentially dangerous to the community.

The city may have to extend the ordinance depending on if it can draft a permanent ordinance within 45 days (which falls during the holiday season). Devaney said the city can extend the temporary ban up to a year, but said she does not encourage that.

In regard to competition, Filanc said it’s an opportunity for local restaurants to also set up a food truck on the lot.

“I think the big issue is going to be trash,” he said.

For more information about the food trucks operating in Del Mar, visit www.curbsidebites.com

http://www.delmartimes.net/2012/11/20/del-mar-approves-moratorium-on-future-food-truck-licenses/