I. RECOMMENDATION:
Staff is recommending that the City Council Waive the Second reading and move to adopt Ordinance No. 827 amending the Planning and Zoning Code related to regulating street vendors (Zoning Text Amendment Application ZTA 19-01).
II. BACKGROUND:
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.
On February 12, 2019 the City of Coalinga Planning Commission conducted a noticed public hearing to take testimony from the public and discuss the regulatory framework of an ordinance that would regulate sidewalk vendors in the City of Coalinga in accordance with Senate Bill 946. The Planning Commission subsequently approved Resolution Number 019P-002 recommending approval of a draft ordinance to be approved by the City Council.
On March 21, 2019 the City Council introduced and waived the first reading of ordinance no. 827 with a requested minor modification related to the definition of sidewalk vendors to remove language related to peddle driven carts. This is discussed further in the discussion section below.
III. DISCUSSION:
Ordinance N o. 827 has multiple sections where new definitions are being 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 requiring a simple administrative 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.
Regulations: The draft ordinance includes both general requirements and specific requirements. The general requirements are related to public awareness and safety where specific requirements relate directly to hours of operation, location of vending, 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.
Planning Commission Public Hearing: The ordinance before the Council includes several changes from the staff prepared ordinance based on discussions among the Commissioners and public testimony. The following topics were discussed and subsequently amended and/or removed:
- Background Requirements
- Application Fees
- Exemptions for Lemonade Stands
- ADA Accessibility
- Food Safety Requirements
- Operational Hours
- Distance from Schools
City Council Meeting Change(s): At their March 21, 2019 meeting the Council made the recommendation to remove language in the street vendor definition related to peddle driven carts as it conflicts with the vehicle code. After review of the state statute and discussion with the City Attorney, the language in the street vendor ordinance supersedes that of the vehicle code and must remain in the ordinance to avoid a conflict with state law. Therefore, the state statute definition for a street vendor shall remain unchanged from the original draft permitting peddle driven carts as a valid vehicle for sidewalk vending.
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.
IV. ALTERNATIVES:
None determined at this time.
V. FISCAL IMPACT:
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. |