Agenda #: 7.2
Meeting Date: August 1, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AMENDMENT TO TITLE 5 (BUSINESS LICENSING) OF THE
DIAMOND BAR CITY CODE RELATED TO PEDDLING AND STREET
VENDING TO FURTHER IMPLEMENT SB 946 (2018), SB 972 (2022),
AND SAFEGUARD COMPLIANCE WITH THE AMERICANS WITH
DISABILITY ACT.
STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:
A. Hear the staff presentation, receive public testimony and discuss; B. Determine that the proposed code amendment is not subject to CEQA pursuant to Sections 15061(b)(3) and 15305 of the CEQA Guidelines; and C. Approve for first reading by title only, waive full reading of Ordinance No. 03 (2023) and schedule the second reading and adoption at the next regularly scheduled City Council meeting.
FINANCIAL IMPACT:
No financial impact.
BACKGROUND:
SB 946 (Lara), known as the “Safe Sidewalk Vending Act”, became effective on January 1, 2019, placing new limitations on the regulation of street vendors by local agencies. In essence, SB 946 prohibits a city from regulating street vendors unless a licensing system is in place that is in substantial compliance with the legislation.
In response to SB 946, the City Council adopted Ordinance No. 01(2019) on January 15, 2019. The ordinance established criteria, including business licensing requirements, and restrictions on the time, place and manner in which sidewalk vending activities may
occur in the City. The ordinance, however, did not anticipate the degree to which sidewalk vending activities would become a public nuisance, occupying excessive sidewalk space and setting up oversized, visually cluttered displays. Photographs of typical sidewalk vending activity in Diamond Bar are provided in Attachment 3.
On January 1, 2023, SB 972 (Gonzalez) became effective. SB 972 establishes health permitting requirements specifically suited to sidewalk food and beverage vending activities. The law makes it easier for street vendors to obtain public health permits by approving a new type of retail food facility called a Compact Mobile Food Operation (CMFO).
To address the visually cluttered and sprawling manner in which sidewalk vendors have conducted business in Diamond Bar, the proposed ordinance (Attachment 1) updates Ordinance 01(2019) by establishing defined limits to the size and placement of sidewalk vending display areas to minimize their negative aesthetic impact on the community, and ensuring that they are not granted outdoor signage and merchandise display privileges that are not available to the City’s brick-and-mortar businesses. The proposed updated ordinance also brings the Diamond Bar City Code (DBCC) into compliance with SB 972.
ANALYSIS:
The primary objective of the proposed ordinance is to set clearly-defined limits to the amount of surface area and airspace that a sidewalk vendor may occupy, and to ensure that stationary vendors locate their displays in areas that do not interfere with the safety of pedestrians, cyclists or motorists, while also complying with the new regulations set forth pursuant to SB 972 for food and beverage vendors.
The proposed ordinance amends DBCC Section 5.08.090 related to peddling and solicitation, and adds a new Section 5.08.095 related to street vending. A redline/strikeout version is included in Attachment 2.
The key provisions of the proposed ordinance are summarized below.
1. The term “sidewalk vending receptacle” is introduced, which is defined as “a pushcart, stand, display, wagon, showcase, pedal-driven cart, rack, or other nonmotorized conveyance used for sidewalk vending activities.”
2. Sidewalk vending receptacles shall not exceed a total height of four (4) feet, and a total combined width and length of sixteen (16) square feet. An umbrella may be attached to the receptacle, but may be no higher than eight (8) feet above ground level.
3. No more than one sidewalk vending receptacle is permitted per licensed location.
4. A sidewalk vendor shall not be located within 50 feet of another sidewalk vendor.
5. Signage may only be affixed to the sidewalk vending receptacle. An umbrella is not part of the receptacle, and thus no signage may be attached to it.
6. Vending from medians is prohibited.
7. Amplified sound is prohibited.
8. All food and merchandise shall be stored either inside or affixed to the sidewalk vending receptacle. No additional table, crate, carton, rack, shade apparatus or any other device may be used to increase the vendor’s display capacity.
9. Sidewalk vendors shall maintain the following minimum distances from specified objects and facilities:
25’
Fire hydrant
Curb that has been designated as yellow or red zone, or a bus zone Driveway, alley, or street corner
Trash or recycling receptacles, bike racks, benches, bus stops or similar public use items
Public art object, item or display
50’ The roadway of any freeway on-ramp or off-ramp
Another sidewalk vendor
100’ Place of worship
Child daycare facility
200’ Any public safety facility, including without limitation, sheriff’s stations, and fire stations
ENVIRONMENTAL REVIEW:
The proposed amendments to the City’s sidewalk vending regulations do not constitute a “project” under the California Environmental Quality Act (“CEQA”) in that they do will not cause a direct or reasonably foreseeable indirect physical change in the environment, and are thus exempt from CEQA. Moreover, minor alterations in land use regulations are categorically exempt from CEQA pursuant to CEQA Guidelines Section 15305, and the purpose of the proposed ordinance is simply to clarify business license application requirements and establish new operational requirements and penalties for sidewalk vendors consistent with state legislation.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Ordinance as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 7.2.a Ordinance No. 03 (2023)
2. 7.2.b Redline/strikeout of proposed sidewalk vending regs
3. 7.2.c Photographs of sidewalk vendors in Diamond Bar
4. 7.2.d Senate Bill 946
5. 7.2.e Senate Bill 972