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HomeMy WebLinkAboutItem 12b - Imposing Regulations on Sidewalk Vending DATE: January 15, 2019 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director 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: Adopt SUMMARY At its meeting on December 18, 2018, on a 5-0 vote, the City Council introduced Ordinance No. 2357 with an exemption under the California Environmental Quality Act (“CEQA”) imposing regulations on sidewalk vending in response to new legislation adopted by the State of California. Attached is Ordinance No. 2357, the Notice of Exemption, and the December 18, 2018, City Council staff report. RECOMMENDED ACTION It is recommended that the City Council adopt 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. Attachments: Ordinance No. 2357 Notice of Exemption December 18, 2018, City Council Staff Report 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” 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