Amendment of San Diego Unified Port District Code Article 8, Section 8.05 – Vending and Expressive Activity

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 (SDUPD; District) that would take effect on District Tidelands in the city of San Diego, California. The objectives of the Vending and Expressive Activity Program are 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. In February 2023, the Board amended SDUPD Code 8.05 to authorize commercial vending in designated areas with issuance of a permit, update its time, manner, and place regulations placed on expressive activity, authorize staff to conduct an opportunity drawing to select commercial venders to operate in designated areas on a first-come, first-served basis, establish outdoor noise limitations for all commercial vending and expressive activity, and clarify the District’s penalties and enforcement procedures. In Fall 2023, the Board amended the SDUPD Code 8.05 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, and reduce the number of designated areas and allotted spaces for vending and expressive activity. Most recently in Fall 2024, the Board amended the SDUPD Code 8.05 to change two (2) commercial vending spaces in Designated Area 1 (North Embarcadero) to two (2) expressive spaces, modify the language in the Port Code to define height requirements for items placed in an allotted space, and clarify that commercial vending or expressive activity is not allowed at Sweetwater Park in Chula Vista based on its proximity to wildlife. The District’s Department of Parks and Recreation was advised to routinely return to the Board to evaluate the effectiveness of the program. Staff have been regularly monitoring the vending and expressive activity on District tidelands and have periodically returned to the Board with recommendations to refine and update SDUPD Code 8.05. For the next vending cycle beginning early 2026, staff recommend the following minor modifications to the vending spaces near Ruocco Park and Embarcadero Marina Park North to address public safety and view corridor issues: • Change one (1) expressive space to a commercial space in Designated Area 6 to provide additional commercial space in this area. • Change one (1) commercial space to an expressive space in Designated Area 7 to reduce view blockage of San Diego Bay. • Switch one (1) expressive space and one (1) commercial space in Designated Area 7 and move the commercial space approximately 30 feet to the north to reduce pedestrian congestion on the promenade and improve pedestrian safety near the Kettner Blvd. intersection. 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.