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HomeMy WebLinkAboutItem 13a - Imposing Regulations on Sidewalk Vending DATE: December 18, 2018 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Lisa Flores, Planning & Community Development Administrator By: Amber Abeyta, Business License Officer SUBJECT: ORDINANCE NO. 2357 ADDING SECTIONS 6439.3 THROUGH 6439.12 TO ARTICLE VI, CHAPTER 4, PART 3, DIVISION 9, OF THE ARCADIA MUNICIPAL CODE, WITH AN EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”), IMPOSING REGULATIONS ON SIDEWALK VENDING Recommendation: Introduce SUMMARY In 2018, the California Legislature passed Senate Bill 946 (“SB 946”), which prohibits cities (both chartered and general law) from regulating both roaming and stationary sidewalk vendors. Pursuant to SB 946, the Safe Sidewalk Vending Act encourages local agencies to adopt additional requirements regulating the time, place, and manner of sidewalk vending, as specified, if the requirements are directly related to health, safety, or welfare concerns, and that do not restrict sidewalk vendors to operate only in a designated neighborhood or area. In addition, SB 946 requires sidewalk vendors to obtain from the local authority a permit or a valid business license for sidewalk vending. Ordinance No. 2357 has been prepared to meet the requirements of SB 946 while retaining local control to the extent feasible. If the Ordinance is not adopted, the City will be forced to implement SB 946 without any local amendments. It is recommended that the City Council introduce Ordinance No. 2357 (refer to Attachment No.1). BACKGROUND Governor Brown approved Senate Bill 946 on September 17, 2018, to regulate street vending practices. The new law modified the ability of local agencies to prohibit sidewalk vendors, and requires all local agencies to adopt a new or revised sidewalk vendor ordinance. This law will become effective on January 1, 2019 – refer to Attachment No. 2. Ordinance No. 2357 – Sidewalk Vending December 18, 2018 Page 2 of 5 In part, SB 946 was introduced into law to treat vendors as viable contributors to local economies, rather than as illegal uses. The statute defines “sidewalk vendors” as “persons who sell food or merchandise from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.” Many cities, including Arcadia, do not have licensing systems in place for street vendors. That means street vendors are fairly free and clear to function under this new legislation until a licensing system is in place. As a result of this bill, the street vendor licensing system must adhere to the following: 1. California cities cannot ban vending in parks. 2. Cities cannot determine where vendors can operate unless there is a health, safety, or welfare concern. 3. Street vendors are no longer required to ask permission from adjacent businesses to operate. SB 946 also does not allow local agencies to: 1. Require a sidewalk vendor to operate within specific parts of the public right -of- way, except when directly related to “objective health, safety, or welfare concerns.” 2. Require a sidewalk vendor to first obtain the consent or approval of any non - governmental entity or individual before the vendor can sell food or merchandise. 3. Restrict sidewalk vendors to operate only in a designated neighborhood or area, except when the restriction is directly related to objective health, safety, or welfare concerns; however, stationary vendors (as opposed to roaming sidewalk vendors) may be prohibited in exclusively residential zones. 4. Restrict the overall number of sidewalk vendors permitted to operate within the local authority’s jurisdiction, unless the restriction is directly related to objective health, safety, or welfare concerns. On the other hand, a local agency may adopt requirements regulating the time, plac e, and manner of sidewalk vending, including but not limited to, any of the following:  Limitations on hours of operation (so as long as they are not unduly restrictive);  Requirements to maintain sanitary conditions;  Requirements necessary to ensure compliance with the federal Americans with Disabilities Act (ADA) and other disability access standards;  Requiring the sidewalk vendor to obtain a permit for sidewalk vending and a valid business license; Ordinance No. 2357 – Sidewalk Vending December 18, 2018 Page 3 of 5  Requiring the sidewalk vendor to possess a valid Californi a Department of Tax and Fee Administration seller’s permit;  Prohibiting stationary sidewalk vendors in areas zoned for only residential uses ;  Requiring compliance with other generally applicable laws; and/or  Requiring a sidewalk vendor to submit certain information on their operations. The statute separately addresses regulation of sidewalk vending in parks owned and operated by a local authority. Specifically, the City may not:  Prohibit a sidewalk vendor from selling food or merchandise in a park owned or operated by the local authority; however, stationary sidewalk vendors (as opposed to roaming sidewalk vendors) may be prohibited from vending in the park if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. With respect to farmers’ markets and swap meets, the City may not:  Prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet dur ing the limited operating hours of that certified farmers’ market or swap meet. Finally, SB 946 states that a local authority may restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special event . DISCUSSION A local authority is not required to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the provisions of the bill. However, if a local authority does not adopt a program to regulate sidewalk vending that complies with the statute, the local authority may not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the statute. The City currently does not have an ordinance that regulates sidewalk vendors; therefore, Ordinance No. 2357 is proposed to add new regulations for both roaming and stationary sidewalk vendors that are consistent with State law in that they regulate the time, place, and manner of this use. The following summarizes the proposed changes to the Municipal Code: New requirements for stationary sidewalk vending include: 1. The sidewalk vendor shall obtain a City business license. 2. Shall be prohibited from operating or establishing in any residen tial zone of the City. Stationary sidewalk vendors may operate in non -residential zones of the City, including mixed use zones. Ordinance No. 2357 – Sidewalk Vending December 18, 2018 Page 4 of 5 3. Must provide a minimum of thirty-six inches (36”) of accessible path of travel, without obstruction, along the public sidewalk or public pathway. 4. Sidewalk vending hours may only be conducted between the hours of 7:00 AM and 10:00 PM, every day. 5. Shall maintain a clean, orderly, and sanitary condition; and remove litter caused by its products from any public and private property wit hin a 25-foot radius of the sidewalk vendor’s location. 6. The sidewalk vendor location may not block entrances to private buildings, private driveways, parking spaces or building windows. 7. No vending shall occur within ten (10) feet of a fire hydrant, fire es cape, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway. New requirements for roaming sidewalk vending are: 1. The sidewalk vendor shall obtain a City business license. 2. Sidewalk vending hours for residential zones shall be conducted between the hours of 7:00 AM and 7:00 PM, every day. 3. Sidewalk vending hours for non-residential zones shall be conducted between the hours of 7:00 AM and 10:00 PM, every day. 4. The sidewalk vendor maintains their temporary vending area in a clean, orderly, and sanitary condition. 5. The sidewalk vendor does not block entrances to buildings, driveways, parking spaces, or building windows. The Police Department and Recreation and Community Services Departments have reviewed the draft Ordinance and the proposed draft includes their input. ENVIRONMENTAL ANALYSIS This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment under Title 14 of the California Code of Regulations, Section 15378(a). Further, this Ordinance is exempt from CEQA as there is no possibility tha t this Ordinance or its implementation would have a significant negative effect on the Ordinance No. 2357 – Sidewalk Vending December 18, 2018 Page 5 of 5 environment under Title 14 California Code Regulations, Section15061(b)(3) – refer to Attachment No. 3. FISCAL IMPACT The new fee for a sidewalk vendor permit is $145.00, which will be reflected as a new fee rate for Fiscal Year 2018-19. This will be a part of the updated Fee Resolution that will be placed on an upcoming City Council agenda. It is anticipated that the City may receive an estimated five to ten applications per year. RECOMMENDATION It is recommended that the City Council introduce Ordinance No. 2357 adding Sections 6439.3 through 6439.12 to Article VI, Chapter 4, Part 3, Division 9 of the Arcadia Municipal Code, with an exemption under the Californi a Environmental Quality Act (“CEQA”), imposing regulations on sidewalk vending. Attachment No. 1: Ordinance No. 2357 Attachment No. 2: Senate Bill 946 Attachment No. 3: Preliminary Exemption Assessment Attachment No. 2 SB 946 Attachment No. 2 Senate Bill No. 946 CHAPTER 459 An act to add Chapter 6.2 (commencing with Section 51036) to Part 1 of Division 1 of Title 5 of the Government Code, relating to sidewalk vendors. [Approved by Governor September 17, 2018. Filed with Secretary of State September 17, 2018.] legislative counsel’s digest SB 946, Lara. Sidewalk vendors. Existing law authorizes a local authority, by ordinance or resolution, to adopt requirements for the public safety regulating any type of vending and the time, place, and manner of vending from a vehicle upon a street. This bill would prohibit a local authority, as defined, from regulating sidewalk vendors, except in accordance with the provisions of the bill. The bill would provide that a local authority is not required to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the provisions of the bill. The bill would apply these provisions to a chartered or general law city, county, or city and county. The bill would require a local authority that elects to adopt a sidewalk vending program to, among other things, not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns, and not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified. The bill would authorize a local authority to, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending, as specified, if the requirements are directly related to objective health, safety, or welfare concerns. The bill would also authorize a local authority to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, as specified. A violation would be punishable only by an administrative fine, as specified, pursuant to an ability-to-pay determination, and proceeds would be deposited in the treasury of the local authority. The bill would require the dismissal of any criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors that have not reached final judgment. The bill would also authorize a person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk 93 vending, as specified, to petition for dismissal of the sentence, fine, or conviction. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The people of the State of California do enact as follows: SECTION 1. (a)  The Legislature finds and declares all of the following: (1)  Sidewalk vending provides important entrepreneurship and economic development opportunities to low-income and immigrant communities. (2)  Sidewalk vending increases access to desired goods, such as culturally significant food and merchandise. (3)  Sidewalk vending contributes to a safe and dynamic public space. (4)  The safety and welfare of the general public is promoted by encouraging local authorities to support and properly regulate sidewalk vending. (5)  The safety and welfare of the general public is promoted by prohibiting criminal penalties for violations of sidewalk vending ordinances and regulations. (6)  This act applies to any city, county, or city and county, including a charter city. The criminalization of small business entrepreneurs, and the challenges that those entrepreneurs face as a result of a criminal record, are matters of statewide concern. Further, unnecessary barriers have been erected blocking aspiring entrepreneurs from accessing the formal economy, harming California’s economy in the process, and disrupting the regulation of business, which is a matter of statewide concern. Moreover, California has an interest in the regulation of traffic, a matter of statewide concern, whether in ensuring the appropriate flow of traffic or in ensuring the safety of pedestrians on the road or the sidewalk. (b)  It is the intent of the Legislature to promote entrepreneurship and support immigrant and low-income communities. SEC. 2. Chapter 6.2 (commencing with Section 51036) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read: Chapter 6.2. Sidewalk Vendors 51036. For purposes of this chapter, the following definitions apply: (a)  “Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. (b)  “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction. 93 — 2 —Ch. 459 (c)  “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. (d)  “Local authority” means a chartered or general law city, county, or city and county. 51037. (a)  A local authority shall not regulate sidewalk vendors except in accordance with Sections 51038 and 51039. (b)  Nothing in this chapter shall be construed to affect the applicability of Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code to a sidewalk vendor who sells food. (c)  Nothing in this chapter shall be construed to require a local authority to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the requirements in this chapter. 51038. (a)  A local authority may adopt a program to regulate sidewalk vendors in compliance with this section. (b)  A local authority’s sidewalk vending program shall comply with all of the following standards: (1)  A local authority shall not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns. (2)  (A)  A local authority shall not prohibit a sidewalk vendor from selling food or merchandise in a park owned or operated by the local authority, except the local authority may prohibit stationary sidewalk vendors from vending in the park only if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. (B)  Notwithstanding subparagraph (A), a local authority may adopt additional requirements regulating the time, place, and manner of sidewalk vending in a park owned or operated by the local authority if the requirements are any of the following: (i)  Directly related to objective health, safety, or welfare concerns. (ii)  Necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities. (iii)  Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. (3)  A local authority shall not require a sidewalk vendor to first obtain the consent or approval of any nongovernmental entity or individual before he or she can sell food or merchandise. (4)  (A)  A local authority shall not restrict sidewalk vendors to operate only in a designated neighborhood or area, except when that restriction is directly related to objective health, safety, or welfare concerns. (B)  Notwithstanding subparagraph (A), a local authority may prohibit stationary sidewalk vendors in areas that are zoned exclusively residential, but shall not prohibit roaming sidewalk vendors. (5)  A local authority shall not restrict the overall number of sidewalk vendors permitted to operate within the jurisdiction of the local authority, 93 Ch. 459— 3 — unless the restriction is directly related to objective health, safety, or welfare concerns. (c)  A local authority may, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns, including, but not limited to, any of the following: (1)  Limitations on hours of operation that are not unduly restrictive. In nonresidential areas, any limitations on the hours of operation for sidewalk vending shall not be more restrictive than any limitations on hours of operation imposed on other businesses or uses on the same street. (2)  Requirements to maintain sanitary conditions. (3)  Requirements necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards. (4)  Requiring the sidewalk vendor to obtain from the local authority a permit for sidewalk vending or a valid business license, provided that the local authority issuing the permit or business license accepts a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the local authority otherwise requires a social security number for the issuance of a permit or business license, and that the number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order. (5)  Requiring the sidewalk vendor to possess a valid California Department of Tax and Fee Administration seller’s permit. (6)  Requiring additional licenses from other state or local agencies to the extent required by law. (7)  Requiring compliance with other generally applicable laws. (8)  Requiring a sidewalk vendor to submit information on his or her operations, including, but not limited to, any of the following: (A)  The name and current mailing address of the sidewalk vendor. (B)  A description of the merchandise offered for sale or exchange. (C)  A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true. (D)  The California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if any, of the sidewalk vendor. (E)  If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal. (d)  Notwithstanding subdivision (b), a local authority may do both of the following: (1)  Prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the 93 — 4 —Ch. 459 Food and Agricultural Code and any regulations adopted pursuant to that chapter. A “swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article. (2)  Restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the local authority’s temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the local authority for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit. (e)  For purposes of this section, perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern. 51039. (a)  (1)  A violation of a local authority’s sidewalk vending program that complies with Section 51038 is punishable only by the following: (A)  An administrative fine not exceeding one hundred dollars ($100) for a first violation. (B)  An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation. (C)  An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. (2)  A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations. (3)  (A)  If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1): (i)  An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation. (ii)  An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation. (iii)  An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation. (B)  Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively. (b)  The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority. 93 Ch. 459— 5 — (c)  Failure to pay an administrative fine pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) shall not be assessed. (d)  (1)  A violation of a local authority’s sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law. (2)  Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached final judgment shall be dismissed. (e)  A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) Section 51038. (f)  (1)  When assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the person’s ability to pay the fine. The local authority shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. (2)  If the person meets the criteria described in subdivision (a) or (b) of Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a). (3)  The local authority may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition. (g)  (1)  A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act that added this section had that act been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case. (2)  Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to dismiss the sentence or fine, if applicable, and dismiss and seal the conviction, because the sentence, fine, and conviction are legally invalid. 93 — 6 —Ch. 459 (3)  Unless requested by the petitioner, no hearing is necessary to grant or deny a petition filed under paragraph (1). (4)  If the court that originally sentenced or imposed a fine on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition. (5)  Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner. (6)  Nothing in this subdivision or related provisions is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter. SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 51038 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: The Legislature finds and declares that in order to protect the privacy of a sidewalk vendor with regard to his or her California driver’s license or identification number, individual taxpayer identification number, or municipal identification number, when that number is collected in lieu of a social security number for purposes of the issuance of a permit or business license, it is necessary that the sidewalk vendor’s number be confidential, except as provided in this act. O 93 Ch. 459— 7 — Attachment No. 3 Attachment No. 3 Preliminary Exemption Assessment PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Ordinance No. 2357 adding Sections 6439.3 through 6439.12 to Article VI, Chapter 4, Part 3, Division 9, of the Arcadia Municipal Code, with an exemption under the California Environmental Quality Act for regulations on Sidewalk Vending 2. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): Citywide 3. Entity or person undertaking project: A. City of Arcadia – Development Services Department 240 W. Huntington Drive, Arcadia CA 91007 B. Other (Private) (1) Name (2) Address 4. Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: f. The project is statutorily exempt. Applicable Exemption: g. The project is otherwise exempt on the following basis: Per Section 15061 (b)(3) of the CEQA Guidelines, it can be seen with certainty that this activity will not have a significant effect or physical change to the environment. h. The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: November 30, 2018 Staff: Amber Abeyta, Business License Officer Preliminary Exemption Assessment FORM “A”