File #: 2023-0274    Version: 1 Name:
Type: Action Item Status: Public Hearing
File created: 10/20/2023 In control: Board of Port Commissioners
On agenda: 11/14/2023 Final action:
Title: VENDING AND EXPRESSIVE ACTIVITY: A. ADOPT A RESOLUTION FINDING THE FOLLOWING BOARD ACTION EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), INCLUDING, BUT NOT LIMITED TO, CEQA GUIDELINES SECTIONS 15301 AND 15304; B. CONDUCT A PUBLIC HEARING AND ADOPT AN ORDINANCE AMENDING SAN DIEGO UNIFIED PORT DISTRICT CODE ARTICLE 8, SECTION 8.05 - VENDING AND EXPRESSIVE ACTIVITY, REGULATED, TO MODIFY THE NUMBER, LOCATION, AND SIZES OF ALLOTTED SPACES IN CERTAIN DESIGNATED AREAS, AND TO UPDATE THE COMMERCIAL VENDING PERMITTING CYCLES, AND TO AUTHORIZE THE EXECUTIVE DIRECTOR TO SUSPEND OR REVOKE COMMERCIAL VENDING PERMITS FOR FAILURE TO COMPLY WITH THE DISTRICT'S ORDINANCE OR THE TERMS OF THE PERMIT
Attachments: 1. 11. 2023-0274 Attachment A - Field Survey Summer 2023_Vending & Expressive Activity_Final, 2. 11. 2023-0274 Attachment B - August 2023 Email Survey Report Vending Expressive Activity Regulations, 3. 11. 2023-0274 Attachment C - Proposed Amendments to Port Code Section 8.05 Strike-out Underline, 4. 11. 2023-0274 Attachment D - LHCDC Sidewalk Vending Outreach & Education Final Report Feb-May 2023, 5. 11. 2023-0274 Attachment E - Summary of Vending Expressive Activity Enforcement (05.01.23 - 09.30), 6. 11. 2023-0274 Attachment F - Proposed Allotted Spaces in Designated Areas (Updated Maps-Clean Version), 7. 11. 2023-0274 Attachment G - Rotating Commercial Vendors Schedule, 8. 11. 2023-0274A Draft Resolution, 9. 11. 2023-0274B Draft Ordinance
DATE: November 14, 2023

SUBJECT:

Title
VENDING AND EXPRESSIVE ACTIVITY:
A. ADOPT A RESOLUTION FINDING THE FOLLOWING BOARD ACTION EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), INCLUDING, BUT NOT LIMITED TO, CEQA GUIDELINES SECTIONS 15301 AND 15304;
B. CONDUCT A PUBLIC HEARING AND ADOPT AN ORDINANCE AMENDING SAN DIEGO UNIFIED PORT DISTRICT CODE ARTICLE 8, SECTION 8.05 - VENDING AND EXPRESSIVE ACTIVITY, REGULATED, TO MODIFY THE NUMBER, LOCATION, AND SIZES OF ALLOTTED SPACES IN CERTAIN DESIGNATED AREAS, AND TO UPDATE THE COMMERCIAL VENDING PERMITTING CYCLES, AND TO AUTHORIZE THE EXECUTIVE DIRECTOR TO SUSPEND OR REVOKE COMMERCIAL VENDING PERMITS FOR FAILURE TO COMPLY WITH THE DISTRICT'S ORDINANCE OR THE TERMS OF THE PERMIT
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EXECUTIVE SUMMARY:

In February 2023 staff updated Port Code 8.05 to (1) authorize issuance of a temporary commercial use permit for commercial vendors to operate in 36 allotted spaces designated for commercial activity along the Embarcadero, (2) update the District's time, manner, and place restrictions for vending and expressive activity, and (3) clarify penalties and enforcement procedures for individuals found in violation of the District's vending and expressive activity regulations. At the February 14, 2023 meeting, the Board directed staff to return in fall 2023 to report on the initial implementation of these changes to Port Code 8.05 and evaluate the effectiveness of District's updated vending and expressive activity regulations.
At the October 10, 2023 Board meeting, staff reported that the Port Code 8.05 update was generally successfully, but acknowledged there was room for improvement and presented recommendations to modify the program. Based on Board direction and feedback from the October 10, 2023 meeting, staff's recommendations have been updated to include the following additional modifications:
* Increase the commercial vending permit cycle from six (6) months to one (1) year;
* Decrease the amount of ti...

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