HomeMy WebLinkAbout26 PUSHCARTS OPER. 06-06-94NO. 26
,..,:6-6-94
OATE:
JUNE 6, 1994
Inter-Corn
TO:
FROM:
SUBJECT:
. ..
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
ORDINANCE NO. 1123, OPERATION OF PUSHCARTS
· .
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1123
(roll call vote).
BACKGROUND:
'The following Ordinance No. 1123 had first reading by title'only and
introduction at the May 16';. 1994 City Council meeting:
_
ORDINANCE NO. 1123 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, REGULATING VENDING ACTIVITIESAND THE OPERATION
OF PUSHCARTS AND-OTHER PORTABLE VENDING DEVICES IN THE CITY
TUSTIN
Valerie Whiteman
Chief Deputy City Clerk
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
ORDINANCE NO. 1123
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY TUSTIN
REGULATING OUTDOOR VENDING ACTIVITIES AND THE
OPERATION OF PUSHCARTS AND OTHER PORTABLE VENDING
DEVICES IN THE CITY OF TUSTIN.
The City Council of the City of Tustin finds and determines as
follows:
Ae
Uncontrolled outdoor vending activities can result in
complaints of pushcarts and other portable vending devices
blocking sidewalks or driveWays, creation of trash
problems, potential security and safety risks to the
general public, generating loud noise, and creating actual
and/or perceived health risks associated with the sometimes
unsightly or unsanitary appearance of vendors, pushcarts
and/or their operators.
Th~ incidence of outdoor vending activities, pushcarts, and
portable vending devices within the City of Tustin, and
their associated nuisances, has increased as nearby cities
adopt regulations which restrict or displace vendors,
pushcart owners or operators causing them to seek other
areas as potential markets. "'
'C.
The City of Tustin Zoning Code does not adequately regulate
outdoor vending activities, 'pushcarts and other portable-
vending devices, their owners and operators within the
City. -- -
De
The Tustin City Council has previously adopted interim.
urgency regulations for the operation of pushcarts and-'-
other portable vending devices in the-City to protect the
public safety, health, and welfare while-the permanent
ordinance is being developed. It is desired that permanent
regulations be adopted with the expiration of the Interim
Urgency Ordinance.
NOW, THEREFORE, the City Council of the City of Tustin DOES
HEREBY ORDAIN as follows:
Section 1. Article 9, Chapter 2, Part 7, Section 9271 of the
Tustin City Code is hereby amended to add the following:
"z. Outdoor Vending Activities, Pushcarts,
Vending Devices
Portable
Consistent with other Sections of the Tustin City Code,
outdoor vending activities are also hereby prohibited
except as provided herein:
10
11
12
13
- 14
15
16
17
18
19
20
21
22
23
24
25
26
28
Ordinance No. 1123
Page 2
(1) Pushcarts or portable vending devices may .operate
within the City of Tustin in the following locations
only:
(a)- Within any commercial multi-use or multi-tenant
shopping center with more than 30,000-square feet
of leasable floor area or located on a site
greater than ors (1) acre in land area, with
written consent of the center owner or agent,
upon Planning Commission .review and approval of
a proposal subject to the findings required for
approval of a Design Review application, and upon
final approval of a Design Review application by
the Director of Community Development;
(b) At any special event or activity, with limits to
the number of .pushcarts conditioned upon the
- issuance of a Temporary Use Permit, by the
Director of Community Development; and
(c) At other appropriate sites, upon issuance of a
Conditional Use Permit and Design Review approval
by the Planning CommiSsion.
(2) Pushcarts or portable, vending devices may be operated~
or used for any outdoor vending purpose only during
the business or operating, hours of the shopping center
or special event where located. In centers where one
or more businesses operate on a 24-hour basis, the'
maximum hours of operation of pushcarts or portable'.
vending devices shall be 9:00 a.m. to 11:00 p.m. -' ~-~.._
(3) Pushcart or portable vending device operators and
pushcart or portable vending device owners shall have
'-a valid City of Tustin Business License, and any
necessary State, County or other City permit required
by law, and shall operate in accordance with
regulations pertaining to those licenses and permits.
(4) Design Standards
The following design criteria and standards shall be
considered in the evaluation of a Design Review
application for pushcarts or other portable vending
devices:
(a) Location, number and size, including height;
(b) Design of the pushcart(s) or other portable
vending device(s), including color and signage,
which shall be compatible with the design of the
shopping center where the pushcart(s) is located;
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Ordinance No. 1123
PaGe 3
(c) Ancillary equipment, such as cash register stands
and trash receptacles;
(d) Security - The design and location of pushcarts
or portable vending devices shall minimize theft
and vandalism.
(5) One small compact stool or chair may be utilized by
the pushcart or portable vendinG device operator. The
chair or stool shall be plac~dwithin four feet of the
pushcart and shall not block the safe passage of
pedestrians or vehicles. No advertisinG shall be
placed on the stool or chair. No additional seating
shall be allowed.
(6) A refuse bin of at least one cubic foot, shall be
provided in, on or within three (3) feet of the
pushCart (s) or other portable vendinG device(s). ~-~ _
(7) Restrictions:
(a) No-noise makinG devices shall be used in
conjunction with pushcarts or portable vendinG
devices.
(b) puShcartS'or portable vendinG devices shall not-
be stationed for purposes of outdoor vendinG~in
any location which Creates an unreasonable
obstruction to the normal flow of vehicular or-
pedestrian traffic; or within ten (1~) 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) Ail 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:
- 1
10
11
12
13
15
16
17
18
19
20
21
22
23
24
25
26
28
Ordinance No. 1123
Page 4
"Portable Vendinq Device" means any Stand, enclosure, booth,
kiosk, instrument or mechanism intended to be temporarily used
to display, distribute or sell food, beverage, product to the
public. J
"Pushcart" means any wagon, cart, or similar wheeled container,
which is not a "vehicle", as defined in the Vehicle Code of the
State of California, from which food, beverage, or product is
displayed, distributed or offered for sale to the public.
"Pushcart or Portable Vendinq Device Operator" means any person,
firm, partnership, association, corporation, stockholder,
including, but not limited to, owners, operators, lessors and
lessees, who operate a pushcart'or portable vending device for
the purpose of vending food, beverage, or product therefrom.
"Pushcart or Portable Vendinq Device Owner" means any person as
defined herein owning or controlling one or more pushcarts and
who:
(1) COnducts or permits or causes the operation of such
pushcart(s) or portable vending device(s) for vending
food, beverage or product;
(2) Owns, operates, controls, manages, or leases, such
pushcart(s) or'portable vending device(s); or
(3) Contracts with Persons to-vend food, beverage or
product from such Pushcart(s) or portable vending'
device(s).
_
.
_
.."SPecial Event" means any commercial, civic, patriotic,
religious, cultural, community or political event taking place
on a specific date or dates or other such occurrence as
determined by the Director of Community Development.
"Vend or vendinq" means offering food, beverage, or product ~of
any kind for outdoor sale on any publicly or privately owned
sidewalk, drive aisle, street, alley, or unenclosed place open
to the public, including the movement or standing of a pushcart
or portable vending device for the purpose of searching for,
obtaining or soliciting retail sales of products."
Section 3. Severability
Ail of the provisions of the ordinance shall be construed and
applied together in order to accomplish the purpose of these
regulations. If any provision of this part is held by a court
to be invalid or unconstitutional, such invalidity or
unconstitutionality shall apply only to the particular facts,
determinations and part of this Ordinance, or if a provision is
declared to be invalid or unconstitutional as applied to all
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Ordinance No. 1123
Page 5
facts, all of the remaining provisions of this ordinance shall
continue to be fully effective.
Section 4, Pursuant to the California Environmental Quality Act
(CEQA) and Article 18 of the State Guidelines, the proposed
project has been found to be exempt from the requirements of
CEQA, and therefore, no environmental documents are required.
Passed and adopted at a regular meeting of the City Council held
on the day of , 1994.
THOMAS R. SALTARELLI
MAYOR
'MARY E. WYNN
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
CERTIFICATION FOR ORDINANCE NO. 1123
.
_
MARY E. WYNN, City Clerk and ex-officio-Clerk of the City
Council of the City of Tustin, California, does' hereby certify
that the whole number of the members of the City Council'of'the
City of Tustin is five; that the above and foregoing Ordinance
was passed and adopted at a regular meeting of the City Council
held on the day of , 1994, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
MARY E. WYNN, City Clerk
PR: kd\ORDINANC\ll2 3. pr