|On September 17, 2018, former Governor Jerry Brown signed SB 946, informally known as the Safe Sidewalk Vending Act (SSVA), into law. The intent of the law was to “promote entrepreneurship and support immigrant and low-income communities.” The SSVA aims to protect entrepreneurs, many of which are immigrants, from criminalization and possible deportation, as well as establish parameters for sidewalk vendor regulations that are not overly restrictive in nature. The areas that cities and counties are permitted to regulate pertain to time, place and manner of sidewalk vending, provided they relate to objective health, safety, or welfare concerns. If a municipality’s existing sidewalk vending program “substantially complied” with the SSVA, it was not required to adopt a new sidewalk vending program.
Brea’s municipal code prohibited sidewalk vendors from operating in the public right of way prior to SB 946 and had to be amended to be in compliance with State law. In September 2019, Council adopted Resolution No. 2019-055 to establish a Sidewalk Vending Policy. In October 2019, Council adopted Ordinance No. 1210 to establish a permit requirement for sidewalk vendors and require compliance with the Sidewalk Vending Policy. The Sidewalk Vending Policy and Ordinance No. 1210 became effective in November 2019.
Based on the City’s experiences administering the Sidewalk Vending Policy over the past 21 months, staff is recommending that the policy be amended and restated to more fully carry out the intent of SB 946 and to more fully protect the public health, safety, and welfare. Per attached Resolution No. 2021-XXXX, the following are the major changes proposed as a result of staff’s recent review:
- Definitions: Definitions of “Sidewalk,” “Sidewalk Vending Cart,” and “Sidewalk Vending Stand” have been added for additional clarification.
- Permit Application Review: A statement that additional departmental review may be required for a permit for a sidewalk vending stand has been added for further transparency.
- Permit Renewals: A statement that permit renewal applications will be processed in the same manner as an initial application, and will be subject to a nonrefundable processing fee, has been added for further transparency.
- Operating Requirements:
- Location restrictions have been expanded to better protect pedestrian and motorist safety, and to avoid interference with driveways, alleys, government buildings, public safety facilities, schools, public art, and business signage.
- The prohibition against operating on private property without express written consent of the property owner and compliance with the zoning ordinance has been restated for further transparency.
- A more detailed definition of “clear width” for sidewalks is included (4 feet being the standard, but a minimum of 3 feet, contingent on the other conditions).
- The prohibition against operating in a landscaped area has been clarified to indicate that an area can be deemed “landscaped” regardless of the state of vegetation present or not present at a given time.
- Line of sight, visibility and clearances for pedestrian and traffic safety near an intersection are more clearly defined.
- Size restrictions have been established for sidewalk vending stands to limit the operation area to 4 feet high by 4 feet wide by 6 feet long. Only an umbrella or other shade device, up to 9 feet high, is permitted to exceed these restrictions and no advertising or food/merchandise may be displayed from such shade device.
- A time restriction is added to prohibit sidewalk vending carts and sidewalk vending stands from being left unattended more than 10 minutes.
- A restriction as to the maximum size of sign allowable for a vendor to display has been added, limited to two square feet.
It is the collective intent of these proposed changes to better regulate the time, place and manner of sidewalk vending to address health, safety, and welfare concerns. The specific changes proposed by staff aim to better balance the ability of sidewalk vendors to operate with the health, safety and welfare of Brea residents and other visitors to the City.