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Reso 6913 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6913 OF THE CUPERTINO PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO AMEND CHAPTER 5.04, BUSINESS LICENSES GENERALLY, CHAPTER 5.20, SOLICITORS, CHAPTER 5.48, MOBILE VENDORS, CHAPTER 11.28, MISCELLANEOUS PARKING REGULATIONS-ON-STREET PARKING, CHAPTER 13.04, PARKS, AND CHAPTER 19.100, ACCESSORY USES AND BUILDINGS/STRUCTURES FOR MOBILE VENDOR REGULATIONS The Planning Commission recommends the City Council adopt the Draft Ordinance attached as Exhibit A to: 1. Find that the Ordinance is exempt from environmental review under California Environmental Quality Act ("CEQA") Guidelines section 15378 because the proposed municipal code amendment is not a project which may result in physical impacts on the environment. In the event that this proposed amendment is found to be a project under CEQA, the proposed Ordinance is exempt from environmental review under section 15061 (b)(3) because "[w]here it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment," the activity is not subject to CEQA. The enactment of this ordinance will not result in a permanent alteration of the environment or any specific property as there will be no new or expanded structures that will directly or indirectly change the environment; and 2. Adopt the proposed amendments to the Municipal Code, with the findings reflected in the proposed Ordinance, which the Planning Commission makes as though set forth in their entirety in this Resolution, in substantially the form as shown in said Exhibit entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 5.04, BUSINESS LICENSES GENERALLY, CHAPTER 5.20, SOLICITORS, CHAPTER 5.48, MOBILE VENDORS, CHAPTER 11.28, MISCELLANEOUS PARKING REGULATIONS-ON-STREET PARKING, CHAPTER Mobile Vendor Ordinance -Page 1 13.04, PARKS, AND CHAPTER 19.100, ACCESSORY USES AND BUILDINGS/STRUCTURES FOR MOBILE VENDOR REGULATIONS PASSED AND ADOPTED this 27TH day of October 2020, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chair Moore, Vice Chair Wang, Saxena NOES: COMMISSIONERS: Takahashi, Fung ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: for Benjamin Fu Kitty Moore Director of Community Development Chair, Planning Commission R Wang Acting Chair for Kitty Moore Mobile Vendor Ordinance - Page 2 EXHIBIT A ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 5.04, BUSINESS LICENSES GENERALLY, CHAPTER 5.20, SOLICITORS, CHAPTER 5.48, MOBILE VENDORS, CHAPTER 11.28, MISCELLANEOUS PARKING REGULATIONS-ON-STREET PARKING, CHAPTER 13.04, PARKS, AND CHAPTER 19.100, ACCESSORY USES AND BUILDINGS/STRUCTURES FOR MOBILE VENDOR REGULATIONS The City Council of the City of Cupertino finds that: WHEREAS, Senate Bill No. 946 ("SB 946"), which took effect on January 1, 2019, provides that cities and counties may not regulate sidewalk vending except in accordance with California Government Code sections 51038 and 51039; WHEREAS, provisions of the Cupertino Municipal Code currently regulate sidewalk vendors in a manner that is inconsistent with SB 946, and the City seeks to adopt an enforceable sidewalk vending program that responds to the objective needs and circumstances of the Cupertino community; WHEREAS,until the effective date of SB 946, the City regulated sidewalk vendors by means of a general license for "solicitors." In light of the specific provisions for sidewalk vending in state law, regulating sidewalk vending through a local license specific to the activity will enable the City to more effectively comply with state mandates; WHEREAS, regulating sidewalk vending will benefit the City by promoting entrepreneurship and a dynamic streetscape, while ensuring protection of the public safety and welfare; WHEREAS, unless properly regulated, vending in the public right-of-way and in public parks creates the potential for increased safety risks including, but not limited to, interfering with the performance of police, firefighter, and paramedic services; contributing to traffic congestion; and interfering with the ability of pedestrians, transit users and persons with disabilities to follow a safe path of travel(by obstructing the right- of-way with vending equipment or by increasing congestion); WHEREAS, the registration requirements of this ordinance are necessary to collect adequate information about vending operations within city limits, to facilitate contact between the City and its vendors, and to ensure that vending does not adversely affect the public welfare; Mobile Vendor Ordinance - Page 3 WHEREAS, requiring sidewalk vendors to maintain a minimum unobstructed pedestrian path of four (4) feet at vending locations is necessary to ensure compliance with state and federal disability access standards; WHEREAS, requiring motorized vendors to maintain a clearance at driveways and corner triangle clearances is necessary to ensure the safe flow of pedestrian and automobile traffic, and required of all development. This will ensure the safe flow of pedestrian and automobile traffic, which is particularly important to the safety of the elderly,the very young,persons with disabilities,and others who are less able to navigate crowds and obstacles that may require stepping off curbs when sidewalks have become obstructed; WHEREAS, requiring sidewalk vendors to obtain a permit from the Santa Clara County Department of Public Health before engaging in the sale of food to the public is necessary to protect the public health and safety; WHEREAS, restricting vending in parks is necessary to protect the health, safety and welfare of the public and the use and enjoyment of public spaces, natural resources, and recreational opportunities within the City; WHEREAS, restricting vending in parks is necessary to preventing undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of parks; WHEREAS, restricting vending near school grounds when the grounds are open for student instruction is necessary to protect the safety of children traveling to and from campus and to avoid disrupting classroom instruction and school activities; WHEREAS, restricting sidewalk and motorized vending in residential areas is necessary to protect residents and visitors from excessive traffic impacts; WHERAS, restricting active vending on public streets to legal, designated parking spaces and limiting the length of time a vendor may actively vend from any one location is important to ensure free flow of traffic and that public parking spaces continue to be available to the community; WHEREAS, restricting vendors' use of sound amplifying equipment and other noise generating equipment is necessary to protect residents and visitors from excessive noise impacts; WHEREAS, allowing a process for revoking a registration and appeals to any such decisions is an important tool to ensure compliance with the city's regulations and a fair complete due process for any mobile vendor; Mobile Vendor Ordinance - Page 4 WHEREAS, public outreach was conducted on August 11, and August 12, 2020 to discuss the proposed regulations with members of the public and on September 4, 2020 with the Chamber of Commerce WHEREAS, following public notices given as required by the procedural ordinances of the City of Cupertino and the Government Code, the Planning Commission held a public hearing on October 27, 2020 to consider the Ordinance; and WHEREAS, with Resolution No. XXXX the Planning Commission has recommended on a X-X vote that the City Council adopt the Ordinance amending the Municipal Code in substantially similar form as presented in Planning Commission Resolution No.XXXX; and WHEREAS, on 2020 upon due notice, the City Council has held at least one public hearing to consider the Planning Commission's recommendation and the Ordinance; and WHEREAS, the City Council is the decision-making body for this Ordinance; and WHEREAS, the City Council hereby adopts this ordinance pursuant to its authority under Government Code section 51038 and finds that the regulation of sidewalk vendors set forth herein is directly related to protecting the health, safety, and welfare of the Cupertino community. WHEREAS, the City Council does find as follows: a. That the proposed zoning is in accord with this title of the Municipal Code and the City's Comprehensive General Plan. The Ordinance does not change any zoning designations, but rather it modifies Titles 5, 10, 11, 13, and 19 by adding amendments based on zoning designations for the implementation of mobile vendor regulations and allowing up to three (3) mobile vendors at the invitation of a property owner as an accessory use subject to the requirements of the amended Chapter 5.48. The proposed amendments do not render existing provisions of the Municipal Code inconsistent with those proposed. b. The proposed zoning is in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed municipal code amendment is not a project within the meaning of Section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because it is not a specific development which may result in physical impacts on the environment. Since the activity is amendments to the municipal code to regulate the sale of food, goods, and services, there is no potential for physical change in the environment. In the event that this proposed amendment is found to be a project under CEQA, the proposed Ordinance is Mobile Vendor Ordinance -Page 5 exempt from environmental review under section 15061 (b)(3) because "[wlhere it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment,"the activity is not subject to CEQA. The enactment of this ordinance will not result in a permanent alteration of the environment or any specific property as there will be no new or expanded structures that will directly or indirectly change the environment because these regulations are being adopted to regulate temporary mobile vending. c. 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 designation(s) and anticipated land use development(s). Not applicable. The proposed ordinance amendments do not change the zoning designation for any properties. The amendments allow up to three (3) mobile vendors at the invitation of a property owner as an accessory use subject to the requirements of the amended Chapter 5.48. The amendments do not propose any physical changes in the environment or increased development. d. The proposed zoning will promote orderly development of the City. Not applicable. The proposed ordinance amendments do not affect the development of the City. However, they allow locating future mobile vendors in a manner that is not damaging to the environment by requiring compliance with several existing standards in the Municipal Code such as Single use plastic bags, organic recycling standards, handling of trash, etc. e. That the proposed zoning is not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels. This finding does not apply since there is no change to the zoning of any particular parcel. However, the proposed amendments apply citywide and allow up to three (3) mobile vendors on private property at the invitation of the property owner and in compliance with Chapter 5.48. The regulations in Chapter 5.48 include several provisions to ensure that public health, safety and welfare are protected by: • requiring a health permit for mobile food vendors, • ensuring driveways and sidewalks are not obstructed and allow for free flow of traffic, • establishing hours of operation within public rights-of-way in exclusively residential areas to allow less intrusion on weekends and at night, • ensuring vending does not occur in areas designate "no parking"or near fire hydrants and/or fire alarms Mobile Vendor Ordinance - Page 6 • within corner triangles required to be clear near intersections and at driveways • near transit-stops, designated drop-off zones • on dirt,grass or any programmed space for recreation within parks or • in any vacant, undeveloped private property. f. The proposed amendments are internally consistent with this title. All the necessary chapters of the Municipal Code have been amended to ensure internal consistency with the proposed regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1. Adoption. The Cupertino Municipal Code is hereby amended as set forth in Attachment A. SECTION 2: Severability and Continuity. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance,be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions. SECTION 3: California Environmental Quality Act. The proposed ordinance is exempt from environmental review under the California Environmental Quality Act ("CEQA") Guidelines Section 15378 since these regulations are being adopted to regulate mobile vending and is not a project which may result in physical changes to the environment. In the event that this proposed amendment is found to be a project under CEQA, the proposed Ordinance is exempt from environmental review under section 15061 (b)(3) because "[w]here it can be seen with certainty that there is no possibility that the activity in question may have significant Mobile Vendor Ordinance -Page 7 effect on the environment," the activity is not subject to CEQA. The enactment of this ordinance will not result in a permanent alteration of the environment or any specific property as there will be no new or expanded structures that will directly or indirectly change the environment. SECTION 4: Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. SECTION 5: Publication. The City Clerk shall give notice of adoption of this Ordinance as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance. INTRODUCED at a regular meeting of the Cupertino City Council on , 2020 and ENACTED at a regular meeting of the Cupertino City Council on 2020 by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: Steven Scharf, Mayor Date City of Cupertino ATTEST: Kirsten S uarcia, City Clerk Date APPROVED AS TO FORM: Heather Minner, City Attorney Date Mobile Vendor Ordinance - Page 8 Mobile Vendor Ordinance - Page 9