DATE: October 3, 2023
TO: Mayor and City Council
FROM: Development Services Director
SUBJECT
Title
Sidewalk Vendor Program: Introduce an Ordinance Related to Text Amendments to the Hayward Municipal Code and the Traffic Code and Adopt a Resolution Supporting the Proposed Text Amendments to Establish Regulations and Guidelines for Sidewalk Vendors in the City of Hayward, Consistent with SB 946, the “Safe Sidewalk Vending Act” of the State of California; and Finding that the Action is Exempt from CEQA Review
RECOMMENDATION
Recommendation
That the City Council adopts a resolution (Attachment II) supporting the proposed amendments to the Hayward Municipal Code and introduces an Ordinance (Attachment III) amending the Hayward Municipal Code regulating Sidewalk Vendors.
End
SUMMARY
The City currently does not have an ordinance regulating sidewalk vending activities consistent with SB 946 and the purpose of the proposed ordinance would be to establish a regulatory framework for all sidewalk vendors operating within the public right-of-way in order to maintain public health, safety and general welfare.
Since late 2022, staff have been working with internal and external stakeholders, including the Council Economic Development Committee (CEDC) and City Council, to obtain input on the proposed sidewalk vendor program. Staff have reviewed Sidewalk Vending Ordinances from other cities in California to identify best practices for inclusion in City’s proposed program.
Staff is proposing to update the HMC to be consistent with SB 946 including the following four changes:
1. Repeal a requirement in the Municipal Code for City authorization in order to use the sidewalk to sell or prepare food (Section 3.5.13 of the HMC);
2. Amend the definitions in the Municipal Code that excludes sidewalk vending activities (Section 4-10.04 of the HMC);
3. Add a new Chapter 6, Article 16 “Sidewalk Vendors” to create regulations and guidelines for all sidewalk vendors, including the establishment of a new permitting program.
4. Amend Section 8-1.02 of the HMC to exclude sidewalk vending activities from being subject to criminal prosecution for operating without a business license.
Based on the feedback received from stakeholders and following review of best practices from other jurisdictions, staff believes the proposed sidewalk vending program with related text amendments are consistent with SB946 and recommends that Council make the required findings to approve the text amendments, as proposed.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Draft Ordinance
Attachment IV Online Survey Analysis