Staff Report- Chairman and Planning Commission

On September 17, 2018, Governor Brown signed Senate Bill No. 946 (SB 946), adding sections 51036-51039 to the Government Code decriminalizing sidewalk vending and limit local regulations to those expressly provided for in the bill or are otherwise “directly related to objective health, safety, or welfare concerns”. SB 946 only applies to sidewalk vending in public rights-of-way, and private rights-of-way are still subject to private and local control. Although Coalinga’s Municipal Code does not regulate “sidewalk vendors”, as that term is defined in SB 946, it does currently regulate “mobile vendors” (CMC 9-5.116), which will be amended through this text amendment and a new section created to address sidewalk vendors.

Staff has prepared a draft ordinance for the Planning Commission to review and recommend to the the City Council approval ant their next regularly scheduled meeting. The draft ordinance has multiple sections where new definitions are added to the planning and zoning code as well as regulations directly related to sidewalk vendors.

Definitions: The new definitions added within the ordinance are related to stationary sidewalk vendors and roaming sidewalk vendors. The definitions are derived directly from the statute. Staff also amended the definitions to mobile vendors to differentiate mobile vendors from sidewalk vendors.

Permit Requirement: The new sidewalk ordinance is structured to ensure the public health, safety and welfare of the community as a whole. Therefore, staff is recommending a permitting process for all sidewalk vendors. There will also be permit exemptions such as recognized non-profits, freedom of speech issues and businesses that are exempt  under federal or state statute. Permits will be issued by the Finance Department through the Business Licensee approval process. When a business license application is submitted to the finance department for approval, it will be immediately routed to the Police Department for a live scan and once it has been cleared, it will be routed back to the finance department for business licenses issuance.

Regulations: The draft ordinance includes both general requirements and specific requirements. The general requirements are related to public awareness and safety such as preventing food borne illness, maintaining paths of travel for accessibility, preventing distractions, and provisions for properly displaying permits and certificates. The specific requirements relate directly to hours of operation, location of vending, separation from sensitive uses (ie. public schools), and other prohibitions on vending near particular public events.

Penalties: The last two sections of the ordinance are directly from the state statute as they relate to penalties for operating without a permit as well as a process for acknowledging situations where a vendor may not be able to pay the fine.

A copy of the ordinance in included with this report.

Environmental Review: Staff finds and determines that there is no possibility the adoption of a sidewalk vending ordinance and the amendment to its mobile vending ordinance will have a significant effect on the environment. Accordingly, under the provisions of § 15061 (b)(3) and § 15378(b)(5) of Division 6 of Title 14 of the California Code of Regulations, the CEQA Guidelines, the adoption of this ordinance is not subject to the requirements of the California Environmental Quality Act.

Public Notification: A public hearing notice was prepared and circulated in accordance with State and Local law as it relates to zoning text amendments. The Public hearing notice was posted at City Hall, the Police Department, Fire Department, Coalinga Library, Coalinga Area Chamber of Commerce, City's Website and it ran in the Coalinga Press.

When a zoning text amendment is brought before the Planning Commission and City Council the following standard findings must be made for each Zoning Ordinance amendment. Specific findings may also be required by the decision-making body on a case-by-case basis.

(1)  The proposed Zoning Ordinance amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

(2)  The proposed Zoning Ordinance amendment is consistent and compatible with the goals, policies, and actions of the General Plan, and the other applicable provisions of the Zoning Ordinance.

(3)  If applicable, the site is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land uses/developments.

(4)  The proposed Zoning Ordinance amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.