Amendment of SDUPD Code Article 8, Section 8.05 - Regulation of Vending and Expressive Activity
Summary
SCH Number
2024110472
Public Agency
San Diego Unified Port District
Document Title
Amendment of SDUPD Code Article 8, Section 8.05 - Regulation of Vending and Expressive Activity
Document Type
NOE - Notice of Exemption
Received
Posted
11/15/2024
Document Description
The proposed project would involve amending the San Diego Unified Port District Code (Port Code) Article 8, Section 8.05 – Regulation of Vending and Expressive Activity, by the San Diego Unified Port District (District) that would take effect on District Tidelands in the cities of San Diego, National City, Coronado, Chula Vista, and Imperial Beach, California. The purpose of this proposed amendment is to provide increased economic opportunity, activate the District’s waterfront by providing a broad range of commercial goods and expressive activities, ensure health and safety standards are maintained, and reduce negative, adverse, secondary impacts associated with unpermitted vending and expressive activity. Port Code Article 8, Section 8.05 was amended in Fall 2023 to establish minimum use and occupancy requirements for commercial vendors, extend the length of the commercial vending permit, reduce the amount of time commercial and expressive vendors can leave their equipment unattended, require commercial vendors to display their Temporary Commercial Use Permit, reduce the number of designated areas and allotted spaces for vending and expressive activity, and clarify the District’s penalties and enforcement procedures (Coastal Act Categorical Determination of Exclusion Project No. 2023-127). The District’s Department of Parks & Recreation was advised to return to the Board of Port Commissioners to evaluate the effectiveness of the program. The following recommendations would be considered at the October Board of Port Commissioners meeting:
1. Change two (2) commercial vending spaces in Designated Area 1 (North Embarcadero, 1700 block) in San Diego to two (2) expressive spaces.
2. Modify the language in the Port Code Section 8.05 to clarify that:
a. Items placed in an allotted space shall not exceed eight (8) feet in height and umbrellas or sunshades shall not exceed ten (10) feet in height
b. Commercial vending or expressive activity is not allowed at Sweet Park in Chula Vista because it was intended as a “passive park”, based on its proximity to wildlife habitat.
The total number of designated spaces for vending or expressive activity would be 33 commercial spaces and 34 expressive spaces along the Embarcadero in the city of San Diego. The proposed amendments to the program would better utilize public park spaces based on occupancy and survey data that was collected for both commercial and expressive vending.
Contact Information
Name
Larry Hofreiter
Agency Name
Port of San Diego
Job Title
Director, Department of Parks and Recreation
Contact Types
Lead/Public Agency
Phone
Location
Cities
Chula Vista, Coronado, Imperial Beach, National City, San Diego
Counties
San Diego
Regions
Southern California
Other Location Info
San Diego, National City, Coronado, Chula Vista, Imperial Beach
Other Information
Port Tidelands
Notice of Exemption
Exempt Status
Categorical Exemption
Type, Section or Code
CEQA Guidelines Sections 15301 (Class 1) and 15304 (Class 4)
Reasons for Exemption
The proposed project is determined to be Categorically Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (Existing Facilities) and 15304 (Minor Alteration to Land) and Section 3.a. and 3.d.(6) of the District’s Guidelines for Compliance with CEQA because it would consist of amendments to the Port Code to improve the commercial vending and expressive activity program along the waterfront that would involve negligible or no expansion of use beyond that previously existing. Sections 3.a. and 3.d.(6) of the District’s Guidelines for Compliance with CEQA are as follows: 3.a. Existing Facilities (SG § 15301) (Class 1): Includes operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing. AND/OR 3.d. Minor Alterations to Land Accessory Structures (SG § 15311) (Class 6): Includes minor alterations in the condition of land, water, and/or vegetation not involving removal of mature, scenic trees, including, but not limited to: (6) Minor temporary use of land having negligible or no permanent effects on the environment.
County Clerk
San Diego
Attachments
Notice of Exemption
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