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Mobile food vendor changes OK’d 3-2
• Tables, chairs could be OK’d after review
Mobile food vendors Ceres Whitmore
More mobile food vendors like this one on Whitmore Avenue west of Highway 99 will be popping up around Ceres once the new city ordinance changing city policy is in effect. - photo by JEFF BENZIGER/Courier file photo

In a process that became bogged down in confusion, the Ceres City Council last week voted 3-2 to approve a new ordinance that will expand mobile food vending operations.

The ordinance, which survived through the first reading and introduction, modifies existing rules and will allow double the 10 taco trucks and other mobile food vendors allowed in Ceres.

A last-minute dilemma was whether to permit tents, tables and chairs at food truck sites, especially on private property. The matter came up regarding a food truck that Shane Parson has allowed to operate on his private property on Sixth Street. The vendor has tables and chairs in violation of the city ordinance.

Ceres resident John Warren expressed concerns about how the city will enforce regulations on vendors, citing the unchecked violations with the Tacos El Panzon truck parked on Parson’s property with its A-frame signs, banner and tables and chairs set out.

“That’s one of the things that’s not supposed to be,” said Warren.

“We haven’t even got the new ordinance in place; we’re still operating on the old one and we can’t enforce what we have,” said Warren, who said the city doesn’t have the manpower or ability to remedy violations.

“We’re gonna open it up for a can of worms. Every parking lot in this city is overrun with vendors. The other day there was a guy trying to sell windshield wipers at the Cost Less Foods parking lot and there was three cars in that parking lot with their trunks open selling tamales and soft drinks and various other sundry items. It’s just everywhere … there’s just no one out there taking observation and taking care of these problems and the city is just gonna create more by bringing additional vendors in.”

Parson answered Warren, saying the city ordinance does allow A-frame signs for 30 days within the opening of a business. But Parson admitted that he didn’t seek permission from the city to attach a large banner to his chain-link fence to advertise the single food truck but said if the vendor decides to put up a tent and tables “I don’t have any control over that.”

Parson said he plans to seek a conditional use permit to set up a grub hub on the property – which is tucked away residential area – but doesn’t think the city should ban tables, chairs and tents on private property.

City Manager Doug Dunford said vendors on private property have to follow the same rules as everybody else.

Vice Mayor Bret Silveira said the city and a special committee hadn’t really addressed the issue of private property, asking “what are we going to do about that?”

Heaven Snow kiosk owner Violet Saveh argued that the city should allow awnings, tents and chairs for businesses and vendors with permits.

Ceres resident Shawna Moore told the council that as a “foodie” she hopes Ceres snags a grub hub with variety, not just Mexican food.

For months the council has been working on changes to the city ordinance to expand the vendor program but hit a snag last summer. On July 24 city staff had prepared a retooled ordinance which was slated for the first reading. But concerns lodged by the public caused the council to pull back which created a special committee to further explore proposed changes. That committee met on July 31 and September 12 and provided its own set of recommendations and triggered the council to scrap its original ordinance revamp.

On Monday the public had a chance to see the city’s new direction. The ordinance:

• Increases the limit of 10 stand-alone food trucks to 20. This number does not include food trucks servicing breweries, bars or pubs or special events or grub hubs;

• Keeps the minimum distance of 1,000 feet between stand-alone food trucks, 350 feet from schools, parks and restaurants;

• Incorporates the existing food truck policies in the Ceres Municipal Code;

• Clarifies the definitions used in the new recommendations to align with the California Vehicle Code;

• Creates two-year food truck permits instead of one year, unless the process can be automated;

• Prohibits tables, tents and seating at stand-alone food trucks but would be allowed if a grub hub is developed and does not apply to trucks which solely service breweries, bars or pubs;

• Prohibits amplified music from stand-alone food trucks, except at approved special events;

• Requires lavatories within 200 feet for all food truck for employees to wash their hands;

• Clarifies that the property owner has the ability to revoke authorization and cause the permit to be revoked;

• Prohibits individual food trucks in downtown Ceres during the Ceres Street Faire unless they have been permitted by the Street Faire Committee.

The city plans to offer four types of permits for food trucks:

• The administrative use permit for individual food trucks;

• Temporary use permit for vendors to be at special events;

• Conditional use permits for grub hub facilities and exceptions;

• Eatery food truck permits servicing breweries, pubs and bars.

Food trucks won’t be allowed to display signs, balloons or flags on or near their location. They must also offer a trash receptacle. Vehicles and trailers may not be parked at their approved sites during non-operating hours.

Operators must have a valid health permit issued by Stanislaus County and an administrative permit from the city.

For decades taco trucks and other types of mobile food vendors were not permitted to do business in Ceres. In 2018 the council gave vendors a trial run but since then the numbers of persons wanting to sell food from trucks and trailers have exceeded the limit, said Christopher Hoem, director of Community Development for the city of Ceres. The policy was intended to be revisited every 12 months but the matter lapsed in 2020, 2021 and 2022.

In July Councilman James Casey and Vice Mayor Bret Silveira voted against changes to the city ordinance altogether but were overruled by Mayor Javier Lopez and Councilmembers Rosalinda Vierra and Daniel Martinez.

Last week City Clerk Fallon Martin read an email from the Ceres Street Faire Committee of opposing food truck vendors operating anywhere near the annual event since it would compete with the non-profit organizations which sell food there.

Councilmembers James Casey and Rosalinda Vierra supported tabling the whole matter until the subcommittee can review the matter of permitting tables and chairs but outvoted by Lopez, Silveira and Daniel Martinez. When a motion was made and seconded to accept the entire proposed ordinance yet further explore the issue of tents, tables and chairs on private property, Casey and Vierra voted “no” and it passed 3-2.