HomeMy WebLinkAboutORD 1123 (1994) 1 ORDINANCE NO. 1123
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY TUSTIN
REGULATING OUTDOOR VENDING ACTIVITIES AND THE
3 OPERATION OF PUSHCARTS AND OTHER PORTABLE VENDING
DEVICES IN THE CITY OF TUSTIN.
4
5 The City Council of the City of Tustin finds and determines as
follows:
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A. Uncontrolled outdoor vending activities can result in
7 complaints of pushcarts and other portable vending devices
blocking sidewalks or driveways, creation of trash
8 problems, potential security and safety risks to the
general public, generating loud noise, and creating actual
9 and/or perceived health risks associated with the sometimes
unsightly or unsanitary appearance of vendors, pushcarts
10 and/or their operators.
11 B. The incidence of outdoor rending activities, pushcarts, and
portable vending devices within the City of Tustin, and
12 their associated nuisances, has increased as nearby cities
adopt regulations which restrict or displace vendors,
13 pushcart owners or operators causing them to seek other
areas as potential markets.
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C. The City of Tustin Zoning Code does not adequately regulate
15 outdoor vending activities, pushcarts and other portable
vending devices, their owners and operators within the
16 City.
17 D. The Tustin City Council has previously adopted interim
urgency regulations for the operation of pushcarts and
18 other portable vending devices in the City to protect the
public safety, health, and welfare while the permanent
19 ordinance is being developed. It is desired that permanent
regulations be adopted with the expiration of the Interim
20 Urgency Ordinance.
21 NOW, THEREFORE, the'City Council of the City of Tustin DOES
HEREBY ORDAIN. as follows:
22
Section 1. Article 9, Chapter 2, Part 7, Section 9271 of the
23 Tustin City Code is hereby amended to add the following:
24 "z. Outdoor Vending Activities, Pushcarts, Portable
Vending Devices
25
Consistent with other Sections of the Tustin City Code,
26 outdoor vending activities are also hereby prohibited
except as provided herein:
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Ordinance No. 1123
Page 2
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(1) Pushcarts or portable vending devices may operate
3 within' the City of Tustin in the following locations
only:
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(a) Within any commercial multi-use or multi-~enant
5 shopping center with more than 30,000-square feet
of leasable floor area or located on a site
6 greater than one (1) acre in !and area, with
written consent of the center owner or agent,
7 upon Planning Commission review and approval of
a proposal subject to the findings required for
8 approval of a Design Review application, and upon
final approval of a Design Review application by
9 the Director of Community Development;
10 (b) At any special event or activity, with limits to
the number of pushcarts conditioned upon the
11 issuance of a Temporary Use Permit, by the
Director of Community Development; and
12
(c) At other appropriate sites, upon issuance of a
13 Conditional Use Permit and DesignReview approval
by the Planning Commission.
14
(2) Pushcarts or portable vending devices may be operated
15 or used for any outdoor vending purpose only during
the business or operating hours of the shopping center
16 or special event where located. In centers where one
or more businesses operate on a 24-hour basis, the
17 maximum hours of operation of pushcarts or portable
vending devices shall be 9:00 a.m. to 11:00 p.m.
18
(3) Pushcart or portable rending device operators and
19 pushcart or portable rending device owners shall have
a valid City of Tustin Business License, and any
20 necessary State, County or other City permit required
by law, and shall operate in accordance with
21 regulations pertaining to those licenses and permits.
22 (4) Design Standards
23 The following design criteria and standards shall be
considered in the evaluation .of a Design Review
24 application for pushcarts or other portable vending
devices:
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(a) Location, number and size, including height;
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(b) Design of the pushcart(s) or other portable
27 vending device(s), including color and signage,
which shall be compatible with the design of the
28 shopping center where the pushcart(s) is located;
Ordinance No. 1123
Page3
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(c) Ancillary equipment, such as cash register stands
3 and trash receptacles;
4 (d) Security - The design and location of pus~carts
or portable vending devices shall minimize theft
5 and vandalism.
6 (5) One small compact stool or chair may be utilized by
the pushcart or portable vendin~ device operator. The
7 chair or stool shall be placed ~ithin four feet of the
pushcart and shall not block the safe passage of
8 pedestrians or vehicles. No advertising shall be
placed on the stool or chair. No additional seating
9 shall be allowed.
10 (6) A refuse bin of at least one cubic foot, shall be
provided in, on or within three (3) feet of the
11 pushcart(s) or other portable vending device(s).
12 (7) Restrictions:
13 (a) No noise making devices shall be used in
conjunction with pushcarts or portable vending
14 devices.
(b) Pushcarts or portable rending devices shall not
be stationed for purposes of outdoor rending in
any location which creates an unreasonable
obstruction to the normal flow of vehicular or
pedestrian traffic; or within ten (10) feet of
any intersection, driveway, or building entrance;
or in any space designed for vehicular parking.
(c) No signs or other advertising devices are
permitted beyond those painted on or affixed to
the pushcart, portable vending device or its
canopy. Such signs shall be considered "vehicle
signs", and shall be allowed in accordance with
Tustin City Codes. Electrified or internally
illuminated signs shall be prohibited.
(d) Pushcart canopies, awnings or roofs constructed
of fabric or other light-transmitting material
shall not be backlit.
(e) All merchandise shall be maintained on the
pushcart or portable vending device.
Section 2. Article 9, Chapter 2, Part 9, Section 9297 of the
Tustin City Code is hereby amended to add in alphabetical order
the following:
Ordinance No. I123
Page 4
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"Portable Vendinq Device" means any Stand, enclosure, booth,
'3 kiosk, instrument or mechanism intended to be temporarily used
to display, distribute or sell food, beverage, product to the
4 public.
5 "Pushcart" means any wagon, cart, or similar wheeled container,
which is not a "vehicle", as defined in the Vehicle Code of the
6 State of California, from which food, beverage, or product is
displayed, distributed or offered for sale to the public.
7
"Pushcart or Portable Vendinq Device Operator" means any person,
8 firm, partnership, association, corporation, stockholder,
including, but not limited to,. owners, operators, lessors and
9 lessees, who operate a pushcart or portable rending device for
the purpose of rending food, beverage, or product therefrom.
10
"Pushcart or Portable Vendinq Device Owner" means any person as
11 defined herein owning or controlling one or more pushcarts and
who:
12
(1) Conducts or permits or causes the operation of such
13 pushcart(s) or portable vending device(s) for rending
food, beverage or product;
14
(2) Owns, operates, controls, manages, or leases such
15 pushcart(s) or portable vending device(s); or
16 (3) Contracts with persons to vend food, beverage or
product from such pushcart(s) or portable vending
17 device(s).
18 ."Special Event" means any commercial, civiC, patriotic,
religious, cultural, community or political event taking place
19 on a specific date or dates or other such occurrence as
determined by the Director of Community Development.
20
"Vend or vending" means offering food, beverage, or product of
21 any kind for outdoor sale on any publicly or privately owned
sidewalk, drive aisle, street, alley, or unenclosed place open
22 to the public, including the movement or standing of a pushcart
or portable vending device for the purpose of searching for,
23 obtaining or soliciting retail sales of products."
Section 3. Severability
24
All of the provisions of the ordinance shall be construed and
25 applied together in order to accomplish the purpose of these
regulations. If any provision of this part is held by a court
26 to be invalid or unconstitutional, such invalidity or
unconstitutionality shall apply only to the particular facts,
27 determinations and part of this Ordinance, or if a provision is
declared to be invalid or unconstitutional as applied to all
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Ordinance No. 1123
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facts, all of the remaining provisions of this ordinance shall
3 continue to be fully effective.
4 Section 4. Pursuant to th~ California Environmental Quality Act
(CEQA) and Article 18 of the State Guidelines, the proposed
5 project has been found to be exempt from the requirements of
CEQA, and therefore, no environmental documents are required.
6
Passed' and adopted at a regular meeting of the City Council held
7 on the 6th day of June , 1994.
8
10 THOMAS R. S~ARELLI
MAYOR
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12
13
CITY
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15 STATE OF CALIFORNIA )
COUNTY OF ORANGE )
16 CITY OF TUSTIN )
17 CERTIFICATION FOR ORDINANCE NO. 1123
18 MARY E. WYNN, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does' hereby certify
19 that the whole number of the members of the City Council of the
City of Tustin is five; that the above and foregoing Ordinance
20 was passed and adopted at a regular meeting of the City Council
held on the 6th day of June , 1994, by the following vote:
21
COUNCILPERSONS AYES: Saltarelli, P0tts, Doyle, Thomas, Worley
22 COUNCILPERSONS NOES: None
COUNCILPERSONS ABSTAINED: None
23 COUNCILPERSONS ABSENT: None
24 ,
26 MARYE.g',· C'~y Clerk
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