CC 01-19-2021 Item No. 15 Mobile Vending Ordinance_Staff Presentation1
City Council Meeting
Mobile Vending Ordinance
January 19, 2021
Jeff Tsumura, Associate Planner
Piu Ghosh, Planning Manager
Angela Tsui, Economic Development Manager
Consider amendments to Cupertino Municipal
Code (CMC) to:
•Modify existing Mobile Vending regulations
for in compliance with SB 946
•Conforming edits to Titles 5 and 13 of CMC
Item
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CC 1-19-2021 Item No. 15
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•Economic Development Strategic Plan (EDSP) adopted in
October 2016
•Motorized Mobile Vendor (food trucks and other mobile
services) Regulations identified as key issue due to:
•Growing popularity and
•Increased reliance by consumers
•As part of work on EDSP initiatives, Mobile Vendors
Regulations and/or standards included in the City’s work
program since FY17/18
Background
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•SB 946 (eff. Jan. 1, 2019) adopted in 2018
established limitations to local regulations for
sidewalk vending
•Changes to Cupertino’s muni code are required
Background
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Adopt regulations for sidewalk vending ONLY
Comments re: not adopting motorized mobile
vendor regulations:
Regulations too lenient; would negatively impact existing
brick and mortar businesses, already impacted by
pandemic
Regulations too restrictive; would disallow services (such as
mobile hairdressers, mobile dentists, mobile car washing
etc.) on exclusively non-residential property.
PC Recommendation (3-2-0 vote)
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1. Conform to SB 946, which includes updating use
of existing terms for consistency (e.g., “solicitors”
and “peddlers”)
2. Establish process and regulations for how use
will be regulated by City in order to allow
proper enforcement and compliance.
Purpose of Mobile Vendors Ordinance Update
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SB 946 Safe
Sidewalk
Vending Act
Background on SB 946
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SB 946 defines “sidewalk vendor” as a person who sells food or
merchandise from a pushcart, stand, display, pedal-driven cart,
wagon, showcase, rack or other nonmotorized conveyance, or
from one's person, on a public sidewalk or other pedestrian path.
Sidewalk Vendors Definition
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Stationary sidewalk vendor
Fixed location
Defined period during day
and
Removes facility daily
Roaming sidewalk vendor
Moves from place to place
and
Stops only to complete a
transaction
Sidewalk Vendors Definition
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Local Regulations for SB 946
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Mobile Vending
Ordinance
Updates
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• Type of vendors
• Location
• Hours of operation
• Duration
• Prohibited Locations
Sidewalk Vendors as Required by SB 946
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Locations
Exclusively
Non-Residential
Exclusively Residential Parks
Stationary Allowed on sidewalks Prohibited on sidewalks Allowed, except if park
has concessions contract
with another party
Roaming Allowed, sidewalks Allowed, sidewalks Allowed, sidewalks
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Sidewalk Vendors as Required by SB 946
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Hours and Duration
Exclusively
Non-Residential
Exclusively Residential Parks
Sidewalks On Private
Property
Sidewalks On Private
Property
Stationary 7 AM- 11 PM 7 AM- 11 PM N/A N/A Open hours
for parks
Roaming 7 AM- 11 PM* 7 AM- 11 PM* 9 AM- 8 PM* N/A Open hours
for parks*
* Total duration at any location is limited to the duration of the transaction, up to a maximum
of 15 minutes.
•Exempt from CEQA by:
•Section 15378
•Section 15061(b)(3)
Environmental Review
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Notice of Public Hearing,
Site Notice & Legal Ad Agenda
Legal ad placed in
newspaper (at least 10 days
prior to hearing)
Display ad placed in
newspaper (at least 10 days
prior to hearing)
Posted on the City's official
notice bulletin board (four days
prior to hearing)
Posted on the City of
Cupertino’s Web site (four days
prior to hearing)
Public Noticing and Outreach
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•Introduce and conduct the first reading of the draft
ordinance to:
•Find the proposed actions exempt from CEQA;
•Adopt regulations to allow sidewalk vending in
compliance with SB 946;
•Find that the restrictions and requirements contained in
the regulations are directly related to objective health,
safety, and/or public welfare concerns
Recommended Action
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•Provide direction:
•Should draft regulations to allow
and/or restrict certain Motorized
(Mobile) Vendors consistent with FY
20/21 Work Program Item be
presented at a later time?
Recommended Action (cont.)
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Questions?
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