Residents may have noticed that recently food trucks have been parked and doing business on streets such as Moraga Road or Rheem Boulevard. At this point, the Moraga Municipal Code(MMC) does not include specific provisions to regulate operations even though such trucks have also made appearances during Town events or on private property.  Also, Moraga currently does not require a business license for food trucks.

    Planning Director Sonia Urzua’s Sept. 24 presentation to the Town Council provided information to receive feedback for staff in order to develop a resolution amending the MMC with regards to food truck policy.

    California gives cities the authority to impose public safety regulations including vehicles that sell food. Such vehicles cannot be banned if they are lawfully parked on streets in residential districts.  Health and safety codes must be followed by all food trucks and can only “operate with a valid health permit, adhere to local law enforcement agency regulations, follow food safety standards, meet sanitation regulations, and other requirements, including operating in conjunction with a commissary, mobile support unit, or other approved facility.” Drivers are also allowed to sell from food trucks as long as the vehicle has come to a complete stop and is lawfully parked adjacent to a curb.

    Contra Costa County considers Mobile Food Facilities (MMF) as take-out establishments and requires such operations to have an MMF Permit. Operators must “meet certain requirements for licensing and certification, equipment and vehicle standards, food sourcing and packaging, sanitation and commissary use, and inspections, including compliance with fire and food safety laws, proper labeling, waste management, and the California Retail Food Code.”

    MMC has no specific ordinance that applies to food trucks although there are some that could pertain and fall under the categories of:  MMC 5.12 -- Roadside Selling; MMC 8.04.020 –- Definitions; MMC 8.148.050 -– Temporary Uses; and MMC 12.08.140 – Soliciting.

    Food trucks have been a part of Moraga’s entertainment venues for years. Activities such as the Parks and Recreation Department’s Hacienda Nights has food trucks as the main attraction and purpose of the event.  The Moraga Park Foundation sponsors the Summer Concert Series where such trucks provide a take-out alternative to bringing your own food.  Even Saint Mary’s College includes food trucks at some of their events.

    With food trucks making appearances beyond Town-sanctioned events, resident complaints have included noise and unauthorized use on private property. While most of the community is not demanding an all-out ban on food trucks, clearly defined regulations are expected. 

    Staff held meetings with stakeholders to discuss expectations regarding food truck policies; and Moraga Chamber of Commerce Executive Director Katie Bidstrup told the Town Council that local businesses participated in a survey allowing them to express their thoughts concerning food truck policy.

    Bidstrup explained that 70% of Moraga’s businesses responded to the survey with 20% of these stating that food trucks had no impact on them. Additionally, 20% thought they were a positive feature, 13% were unsure, while 47% were opposed to the idea of food trucks.

    Complaints in the Chamber survey included:  the trucks are parked too close to businesses; trucks take away business during critical hours of operation; revenue losses of 10% - 60% were reported on food truck days; trucks take up parking spaces; restaurants pay high rent, etc. while food trucks pay nothing; the trucks steer customers away from brick and mortar businesses; and the trucks don’t give back to the community.

    Benefits to having food trucks included: co-purchases (buy something from a food truck and also get take-out or beverage from an established restaurant); and food trucks bring foot traffic to various other businesses.

    There were also attempts at compromises such as: keep the trucks in a specific location; limit trucks to specific events (Hacienda Nights, etc.); charge food trucks a fee; enforce time-of-day limits; and enforce specific-day limits.

    Council members empathized with business owner complaints and suggestions, and staff proposed the need to clarify the permissibility of food trucks on the public right-of-way or on public and private property and recommended amendments to and enforcement of the MMC along with the development of policies for temporary operations. Policy proposals to regulate food trucks will be revisited by the Town Council before the end of 2025.