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Home My WebLink About2024-08-20; City Council; CS-473; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO TITLE 8, PUBLIC, PEACE, MORALS AND SAFETY, AND TITLE 11, PUBLIC PROPERTY, OF...ORDINANCE NO. CS-473 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO TITLE 8, PUBLIC, PEACE, MORALS AND SAFETY, AND TITLE 11, PUBLIC PROPERTY, OF THE CARLSBAD MUNICIPAL CODE CASE NAME: 2024 ZONE CODE CLEANUP CASE NO.: MCA 2024-0001 (PUB 2024-0005) WHEREAS, the City Planner has prepared a Municipal Code Amendment MCA 2022-0004 to amend Titles 8 and 11 of the Carlsbad Municipal Code; and WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider MCA 2024-0001; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors, including written public comments, if any, related to MCA 2024-0001. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1.The above recitations are true and correct. 2.That Chapter 8.32.020 of the Carlsbad Municipal Code is amended by revising the definition of “vend” or “vending” to read as follows: 8.32.020 Definitions. “Vend” or “vending” means an offer to sell or the sale of goods, merchandise, services, food or beverages on a public street, alley, highway, parking lot, sidewalk, pedestrian path or right- of-way. 3.That Section 8.32.080 of the Carlsbad Municipal Code is amended to read as follows: 8.32.080 Sidewalk and pathway vending generally. A.Vending activities may occur between the hours of 8:00 a.m. and sunset in all residential zoned areas and between the hours of 8:00 a.m. and 10:00 p.m. in industrial and commercial zoned areas. B. No sidewalk vending of any type, including mobile services, shall take place to any individuals traveling within motor vehicles along a public roadway. C. A sidewalk vendor shall not vend on any exclusively residential street for longer than 60 minutes at any given time. D. No sidewalk or pathway vending of any kind, including mobile services, shall take place in the following locations: 1. In the public right-of-way or any area that blocks pedestrian or vehicle access; 2. Any public property that does not meet the definition of a sidewalk, including, but not limited to, any alley, beach, pier, square, street, street end or parking lot; 3. Within 50 feet of another sidewalk vendor; 4. Within 18 inches from the edge of a curb; 5. Any location that obstructs traffic signals or regulatory signs; 6. Within 15 feet of any intersection, driveway or building entrance, or within any space designed for vehicular parking; 7. Within 15 feet of any fire hydrant or fire escape; 8. Within 100 feet of any vehicle entrance of any fire station, police department, hospital or any other structure involved in health and safety emergency matters; 9. Within 15 feet of any loading zone, bus stop, parking space or access ramp designed for persons with disabilities; 10. Within 10 feet of an outdoor dining or patio area; 11. Within 500 feet of a permitted special event or street fair; 12. Within one-half mile of a public school building or school grounds while children are going to or from the school, during a recess period or within 30 minutes before or after the school’s opening or closing hours; 13. Within 500 feet of high-traffic landmarks and venues, as determined by the city manager or designee and published in an administrative order, which shall include justification that such restrictions are directly related to objective health, safety or welfare concerns; 14. On any portion of the Carlsbad Village Sea Wall trail, which extends alongside Carlsbad Boulevard and adjacent to the beach, between the cross streets of Pine Avenue and Tamarack Avenue. This restriction on vending shall include both the upper and lower portions of the Sea Wall trail. E. Vending activities, including mobile services, in public parks and recreational facilities must also comply with the following: 1. Vending within public parks or recreational facilities is allowed only upon or alongside sidewalks or other paved or marked pedestrian pathways. Outside of these aforementioned areas, vending shall not take place on sand, dirt, grass or on any space which would obstruct, damage or otherwise adversely affect the public’s use and enjoyment of natural resources and recreational opportunities, or contribute to an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. 2. Vending activities, including mobile services, that adversely affect the health, safety and welfare of persons engaged in active sports activities and spectators of active sports activities are prohibited. 3. Sidewalk vending activities, including mobile services, lasting 10 minutes or longer in duration shall not be permitted within any area of a public park if the park operator has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a specified concessionaire. 4. A valid park and facility use permit or special event permit obtained pursuant to Carlsbad Municipal Code Section 11.32.030 may waive these requirements for limited engagements or events. (Ord. CS-346 § 2, 2019) 4.That Section 11.32.015 of the Carlsbad Municipal Code is amended by adding the definition of “vend” or “vending” to read as follows: 11.32.015 Definitions. “Vend” or “vending” means an offer to sell or the sale of goods, merchandise, services, food or beverages on a public street, alley, highway, parking lot, sidewalk, pedestrian path or right-of-way. Whenever the words “park” and “vehicle” are used in this chapter, they shall have the meaning ascribed to them in Chapter 10.04 of this code. 5.That Sections 11.32.030.19, .20, .21, and .28 of the Carlsbad Municipal Code are amended to read as follows: 11.32.030 Unlawful acts. It is unlawful for any person to do any of the following mentioned acts in or upon any park or beach within the city: 19. To distribute any handbills or circulars, or to post, place or erect any bills, notice, paper, or advertising device or matter of any kind, unless issued a valid vending equipment permit as defined in Chapter 8.32 of this code and the activity under this subsection is limited to advertisements permanently affixed to vending equipment; 20. To sell or offer for sale or to rent or lease any merchandise, article or thing, whatsoever, unless issued a valid vending equipment permit as defined in Chapter 8.32 of this code, or unless granted a special event or park and facility use permit issued by the city council or designee; 21. To practice, carry on, conduct or solicit for any trade, occupation, business or profession of whatsoever kind or character without permission of the city council or city manager, unless issued a valid vending equipment permit as defined in Chapter 8.32 of this code; 28. To sell or offer to sell food, or barter for or solicit a donation for food, without a valid park and facility use permit, special event permit, or vending equipment permit as defined in Chapter 8.32 of this code; all applicable health permit(s) issued by County of San Diego department of health; and if required, a City of Carlsbad business license. This subsection shall not apply to any state, county or local government entity or other political subdivision; EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 30th day of :!.!:!.!Y, 2024, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 20th day of August, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. APPROVED AS TO FORM AND LEGALITY: KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) (Jffi