REPORT TO THE CITY COUNCIL
FROM: ANNALISA PEREA, Council President
District One
MIGUEL ARIAS, Councilmember
District Three
LUIS CHAVEZ, Councilmember
District Five
SUBJECT
Title
***Bill B-42 - (Intro’d November 21, 2024)(For Adoption) - Adding Chapter 10, Article 26 To The Fresno Municipal Code, Entitled “The Sidewalk Vending Ordinance” (Subject to Mayor’s Veto)
Body
RECOMMENDATION
Recommendation of approval of additions to the Fresno Municipal Code (FMC) sections 10-2601 to 10-2606 related to sidewalk vending.
EXECUTIVE SUMMARY
On September 17, 2018, California Governor Jerry Brown signed Senate Bill 946 (SB 946) into law, which added Chapter 6.2 (commencing with Section 51036) to Part 1 of Division of Title 5 of the California Government Code to regulate sidewalk vendors throughout the state, including within the City of Fresno (the City). Under SB 946, cities are permitted to enact regulations over sidewalk vending that are directly related to objective health, safety, or welfare concerns.
BACKGROUND
Sidewalk vendors are vendors who do not operate a food truck or trailer licensed by the Department of Motor Vehicles (DMV). The number of sidewalk vendors has increased over the last few years, and the City has invested American Rescue Plan funding (ARPA) into these vendors’ businesses to promote the growth and safety of these industries.
Pursuant to Resolution 23-211, from August 1, 2023, through October 31, 2023, there was a Pilot Program established to enforce regulations throughout the Tower District. During that time period, Code Enforcement issued 14 written warnings, seven $100 citations, four $200 citations, and nine $500 citations. Additionally, on February 1, 2024, the City passed Resolution 2024-024 regulating vending in City parks.
It is necessary to establish city-wide guidelines for the operation of these businesses for the safety of the vendors, their patrons, and the public. Specifically, prohibiting sidewalk vendors from operating where placement impedes pedestrian access to or the use of an abutting property, including but not limited to, areas located within 100 feet of residences or within 50 feet of the entrance or exit from any place of business with an operational kitchen is necessary to protect the welfare of residents of the City by maintaining access and use of said buildings. Prohibiting sidewalk vendors from operating within 10 feet of another sidewalk vendor will reduce the likelihood of an obstruction of the sidewalks and will help eliminate the need for any pedestrian to enter the vehicular right-of-way, protecting the public’s health, safety, and welfare. Prohibiting sidewalk vendors from operating within 18 inches from the edge of the curb face is necessary to protect the health, safety and welfare of the vendor, customer, and motorists, as it reduces exposure to pedestrian versus vehicle contact, and ensures better visibility for drivers of vehicles entering or exiting driveways. Prohibiting sidewalk vendors from operating during Farmer’s Markets is necessary to protect the welfare of residents of the City by maintaining the integrity of certified farmer’s markets. Prohibiting sidewalk vendors from operating in the immediate vicinity of an area designated for a temporary special permit issued by the City is necessary to protect the welfare of residents of the City by maintaining the integrity of the event associated with the temporary special permit. Prohibiting cooking underneath awnings and close to buildings is necessary to reduce the fire risk and damage to buildings caused by grease and smoke. Enforcing regulations for vending on private property is necessary to protect the welfare of the patrons and maintain the quality of neighborhoods.
The effective date for this ordinance will be January 1, 2025, and the City will focus on education and warnings for the first six months. Vendors who have already been subject to a written warning through either Resolution 23-211 or Resolution 2024-024 shall be subject to citation after the effective date of this ordinance.
ENVIRONMENTAL FINDINGS
This is not a project pursuant to CEQA Guidelines section 15378.
LOCAL PREFERENCE
Local preference was not considered because this ordinance amendment does not include a bid or award of a construction or service contract.
FISCAL IMPACT
If approved, this ordinance may result in an increase of revenue from citations.
Attachment: Proposed Ordinance - FMC 10-2601 - 10-2606