HomeMy WebLinkAboutResolution - 3747 STATE OF CALIFORNIA ) RESOLUTION NO.3747
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO, CALIFORNIA, ESTABLISHING
REGULATIONS FOR SIDEWALK VENDING
WHEREAS, the City San Jacinto, California ("City") is a municipal corporation, duly
organized under the California Constitution and laws of the State of California; and
WHEREAS, pursuant to the police powers delegated to it by the California Constitution,
the City has the authority to enact laws which promote the public health, safety, and general
welfare of its citizens, including sidewalk vending, as long as these are consistent with the general
laws of the State; and
WHEREAS,in 2018,the California Legislature passed Senate Bill 946("SB 946")which
prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB
946; and
WHEREAS, SB 946 authorizes the City Council, by resolution, to implement regulations
that are directly related to objective health, safety, or welfare concerns, and that do not restrict
sidewalk vendors to operate only in a designated neighborhood or area, except as specified; and
WHEREAS, proposed rules and regulations are consistent with SB 946, as they are
reasonable, related to objective health, safety, and welfare concerns, and are based upon
compliance with other generally applicable laws including the Americans with Disabilities Act;
and
WHEREAS, the standards imposed on stationary sidewalk vendors requiring a minimum
path of accessible travel are necessary to comply with the Americans with Disabilities Act and
maintain minimum safe access along public sidewalks; and
WHEREAS, standards for maintaining access to building entrances, and not blocking
driveways, fire hydrants, park features, parking areas and building storefront windows are
necessary to guard the health and safety of patrons, drivers, vendors and existing business owners
and promote fire suppression and law enforcement practices that allow the City's safety personnel
to observe activities within buildings and maintain access and ensure that features of public parks
are used for their intended purposes; and
WHEREAS, the City Council finds that, unless properly regulated, sidewalk vending
poses a unique risk to the health, safety, and welfare of the public , including, but not limited to,
impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation,
and consumer protection; and
WHEREAS, SB 946 continues to authorize cities to prohibit sidewalk vendors in areas
located within the immediate vicinity of a permitted certified farmers' market and a permitted
swap meet,as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity
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of an area designated for a temporary special permit issued by a city; and
WHEREAS,vending in a manner that creates a public nuisance or constitutes a danger to
the public constitutes an objective harm to the health, safety, and welfare of the City's residents.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Recitals.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Purpose. In accordance with Ordinance No. 19-03 and 19-04,the purpose of this
Resolution is to implement regulations on both roaming and stationary sidewalk
vending that protect the public health, safety, and welfare of the community while
complying with the requirements of general state law, as amended from time to
time, to promote safe vending practices,prevent safety, traffic, and health
hazards, and to preserve the public peace, safety, and welfare of the community.
SECTION 3. Regulations. Permitted sidewalk vendors shall comply with the rules and
regulations attached to this resolution.
SECTION 3. CE A. The City Council has determined this resolution is not a "project" as
defined by the California Environmental Quality Act (CEQA) Guidelines Section
15378.
SECTION 4. Severability. If any provision of this resolution or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this resolution that can be given effect without the
invalid provision or application,and to this end the provisions of this resolution are
severable. The City Council hereby declares that it would have adopted this
resolution irrespective of the invalidity of any particular portion thereof.
SECTION 5. Effective Date. This resolution shall become effective on its adoption.
PASSED, APPROVED AND ADOPTED this 22nd Day of January 2019,
by the following vote:
Ayes: Kotyuk, Ledezma, Lopez, Ruiz, Utz
Nays: None
Abstain: None
Absent: None
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CITY OF SAN JACINTO:
/vi,114-1
Russ Utz, Mayor
ATTEST:
g alton, City Clerk
APPROVED AS TO FORM:
BEST BEST& KRIEGER
/o
ichael J. Maurer, City Attorney
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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO)
CERTIFICATION
I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do hereby
certify that the foregoing Resolution No. 3747 was approved at a regular meeting of the
City Council of the City of San Jacinto on the 22"d day of January, 2019, by the following
vote:
Ayes: Kotyuk, Ledezma, Lopez, Ruiz, Utz
Nays: None
Absent: None
Abstain: None
Witness my hand and official seal of the City of San Jacinto this 22"d day of January,
2019.
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