HomeMy WebLinkAbout02 CODE AMEND 94-002 05-16-94AGENDA
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/~'-16-94
DATE:
MAY 16, 1994
Inter-Com
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT:' CODE AMENDMENT 94-002 - REGULATION OF OUTDOOR VENDING
ACTIVITIES, PUSHCARTS AND OTHER PORTABLE VENDING DEVICES
RECOMMENDATION
It is recommended that the City Council take the following actions:
i .
Approve the Environmental Determination for the project by
adopting Resolution No. 94-58.; and
.
Have first reading by title only and introduction of Ordinance
No. 1123, approving Code Amendment 94-002, as submitted or
revised.
FISCAL IMPACT
There are no fiscal impacts to the City associated with this
project. The proposed Ordinance is intended to establish a new
subsection of the Tustin City Code to provide land use regulations.
BACKGROUND
In May 1992, the Community Development and Tustin Police
Departments, as part of the Community Improvement Partnership
Program (CIPP), presented a report to the City Council noting an
increased number of pushcarts in the City. Staff believed that the
increase occurred because the City of Santa Aha and other central
Orange County jurisdictions adopted and implemented ordinances
which regulate outdoor vending activities and pushcarts. It was
anticipated that the occurrence of pushcarts within the City of
Tustin, and their associated nuisances, could further increase as
pushcart vendors displaced by the actions of other cities sought
new markets.
Pushcarts are non-motorized vehicles used for the conveyance of
goods for sale, typically ice cream, flowers, hotdogs, tamales,
etc. The uncontrolled existence of outdoor vending activities,
pushcarts and other portable vending devices on. private property
could result in home and business owner complaints regarding
vendors positioning themselves near residences or business
locations, luring customers, loitering, blocking sidewalks or
City Council Report
Code Amendment 94-002
Regulation of Outdoor Vending Activities
May 16, 1994
Page 2
driveways, creating a trash problem, or presenting a potential
security or safety risk to the general public. Other possible
problems could include: increased noise generated by pushcart
horns, bells or shouts of the operators, as well as a perceived
health.risk associated with the sometimes unsightly or unsanitary'
condition of the pushcarts or the goods for sale.
As a result of the CIPP report, the City Council adopted Urgency
Ordinance No. 1088 in May of 1992 which immediately established
interim regulations for pushcarts. After an extension to the
Urgency Ordinance, the maximum extension allowed under State law,
the interim measure will expire on May 18, 1994. Consequently,
staff was directed to develop a permanent ordinance.
A 'permanent Ordinance has now been completed. The Draft, which is
included as Ordinance No. 1123, includes the addition of a new
subsection, Subsection z, to "Section 9271 - Specific Provisions"
and new definitions to "Section 9297 - Definitions" contained in
the chapter of the Tustin City Code relating to zoning.
On'May 9, 1994 the Planning Commission held a public hearing to
receive public testimony regarding the proposed pushcart ordinance.
At that meeting the Planning Commission adopted Resolution No. 3260
recommending to the City Council approval of Code Amendment 94-002.
A public hearing notice identifying the time, date and location of
the City Council public hearing on this project was published in
the Tustin News and posted at the Tustin City Hall and Police
Department. Since this project effects over 1,000 parcels, notices
were not required to be mailed to property owners within 300 feet
of the project site.
DISCUSSION
The proposed Ordinance generally prohibits outdoor vending
activities, pushcarts and other portable vending devices on any
privately or publicly owned property. The Ordinance would allow
pushcarts and other portable vending devices to operate in the
following three instances only:
1)
Wi[hin multi-use or multi-tenant shopping centers.with 30,000-
square feet of leasable area or one acre of land area, with
the approval of a Design Review application by the Director of
Community Development;
City Council Report
Code Amendment 94-002
Regulation of Outdoor Vending Activities
May 16, 1994
Page 3
2) At any special event, with the approval of a Temporary Use
Permit by the Director of Community Development; and
3) At other appropriate sites, upon approval of a Conditional Use
Permit and Design Review application by the Planning
Commission.
The proposed Ordinance also provides for standards on hours of
operation, and contains specific criteria for the design of
pushcarts and portable vending devices, as well as the location and
size of ancillary equipment such as cash registers and trash
receptacles. Provisions of the previously adopted Urgency
Ordinance have also been included in the proposed Ordinance.
The Tustin City Code currently contains a number of sections
relating to vending and peddling on public rights-of-way; outdoor
sales, including rummage sales and swap meets; garage sales in
residential areas; and solicitation. The following summarizes
those existing code sections.
Section 5330 - Stopping, Standing and Parking in General;
Subsection 1- Unlawful Parking; Peddlers, Vendors.
This section of the Tustin City Code prohibits any vehicle or
pushcart, from which goods are sold, from being parked on any
public right-of-way except at the request of a purchaser. The
length of such a stop is limited to 10 minutes, thereby
allowing roving vendors, such as ice cream trucks, to stop to
make a sale. Vendors wishing to stop for longer periods of
time, such as produce merchants selling from the back of a
truck, would require the approval of the City Traffic
Engineer. This code section would allow also regulate outdoor
vending for parades, street fairs, and other types of large
outdoor gatherings.
Section 3631- Outdoor Sales
This section of the Code prohibits rummage sales, "white
elephant" sales and swap meets without the approval of the
-License and Permit Board. While it is not specifically
stated, staff has interpreted this sectiOn to relate to
private property.
City Council Report
Code Amendment 94-002
Regulation of Outdoor Vending Activities
May 16, 1994
Page 4
· Section 3640- Garage sales
This section of the Tustin City Code defines a "garage sale"
as a sale held in a garage, yard, lawn, patio etc. in a
residential area for the purpose of disposing personal
property. Such sales are limited to a maximum of four (4)
times per calendar year. A provision also allows the site
where the sale is conducted to be inspected by a
representative of the City.
Section 2523 - Business License Tax Schedules; Subsection d-
Enumerated Businesses
The sectionof the City Code relating to the Business License
Tax contains an enumerated fee for solicitors including
itinerant or transient merchants, vendors, peddlers and the
like. This section of the code would pertain to door-to-door
salespersons and charities, among others.
While existing seCtions of the Code regulate certain aspects of
outdoor vending on public rights-of-way, as noted above, the Code
does not contain provisions to prohibit general outdoor vending on
public property. Further, the Code does not adequately regulate
vending on private property so that activities such as flower
seller peddling from the corners of privately owned service
stations are not allowed.
The proposed draft Ordinance would include provisions in the Tustin
City Code to prohibit outdoor vending activities, except where
authorized by current ordinances. In addition, the proposal would
limit the use of pushcarts and portable vending device to locations
and sites authorized by City staff or Planning Commission approval.
PLANNING COMMISSION ACTION
During the May 9th Planning Commission meeting, discussion focused
on the staff-recommended process for approval of pushcarts and.
other portable vending devices within the City's larger shopping
centers through the Design Review process.
The Tustin City Code gives general authority of approval over
Design Review applications to the Director of Community Development
or, under a recently adopted ordinance (Ordinance No. 1116), the
Zoning Administrator. The Planning Commission currently has
au%hority over Design Review applications only for projects located
in the Tustin Ranch area. However, the Commission requested that
City Council Report
Code Amendment 94-002
Regulation of Outdoor Vending Activities
May 16, 1994
Page 5
they be included in the review process for all design review
applications related to pushcarts proposed within large commercial
shopping centers. It was the Commission's desire that health and
safety, design compatibility and other such issues be reviewed by
the Planning Commission prior to approval or denial of a request to
utilize pushcarts or vending devices. Staff has amended the
ordinance to reflect Commission direction as follows:
"(1) (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
that one (1) acre in land area, with written
consent~of the center owner or agent, ~~~~~
~i~ii~~~i~~i~~ ~ .... "~'-'fi'~T'-'~'~Sroval o~ a~
~:~::~::~:~:~'" ........... ~:~'~'~:~'" ............. '~'I'T~°~'~Ton by the Director or
Community Development; and"
Staff believes that the use of~ pushcarts can generate a positive
atmosphere which should be encouraged in shopping centers,
particularly for special events. The original recommendation for
approval of a Design Review application for pushcarts or other
portable vending devices in shopping centers with more than
30,000-square feet of leasable floor area or one acre of land area
by the Director of Community Development is consistent with recent
policy of the City Council, as well as current City ordinances.
Including the Planning Commission in the review process could add
substantial time to the overall approval process, thereby
increasing the expense of City review for applicants.
Should the Council concur with staff's original recommendation to
limit Design Review approval to the Director of Community
Development, staff recommends the following changes of language for
Page 2, section (1) (a), of the proposed Ordinance:
"(1) (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
that one (1) acre in land area, with written
consent of the center owner or agent, and approval
of a Design Review application by the Director of
Community Development; and"
City Council Report
Code Amendment 94-002
Regulation of Outdoor Vending Activities
May 16, 1994
Page 6
ENVIRONMENTAL REVIEW
A Negative Declaration has been prepared for this project. The
attached Initial Study. indicates that few environmental impacts
will result from the proposal. Attached Resolution No. 94-58
certifies the Negative Declaration as adequate for the code
amendment.
CONCLUSION
Based upon the above analysis, amendments to Tustin City Code
Sections 9271 and 9279 would provide permanent regulation of
outdoor-vending activities, pushcarts and other outdoor vending
devices thereby minimizing their negative impacts on the City,
while allowing them where appropriate. The project meets the
requirements of the California Environmental Quality Act, and would
not be detrimental to the public health, safety and welfare of city
residents.
It is recommended that the City Council adopt Resolution No. 94-58
and approve Code Amendment 94-002 by having first reading and
introduction of Ordinance No. 1123.
Christine Shin~eton
Assistant CitytRanager
PR: kd\CCREPORT\Pushca r t. rpt
Attachments:
Initial Study/Negative Declaration
Resolution No. 94-58
Ordinance No. 1123
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RESOLUTION NO. 94-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CERTIFYING THE FINAL NEGATIVE DECLARATION
AS ADEQUATE FOR CODE AMENDMENT 94-002 INCLUDING
REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
The City Council of the City of Tustin does hereby resolve as
follows:
I. The City Council finds and determines as follows:
A®
The request to approve Code Amendment 94-002 is
considered a "project"'pursuant to the terms of the
California Environmental Quality Act.
Be
A Negative Declaration has been prepared for this
project and has been distributed for public review.
Ce
Whereby, the Planning Commission and the City
Council of the City of Tustin have considered
evidence presented by the Community Development
Director and other interested parties with respect
to the subject Negative Declaration.
De
The Planning Commission and the City Council have
evaluated the proposed final Negative Declaration
and determined it to be adequate and complete.
II. A Final Negative Declaration has been completed in
compliance with CEQA and State guidelines. The City
Council, having approval authority over Code Amendment
94-002, has received and considered the information
contained in the Negative Declaration, prior to
recommending approval of the proposed project, and found
that it adequately discussed the environmental effects of
the proposed project. The City Council has found that
the project involves no potential for an adverse effect,
either individually or cumulatively, on wildlife
resources and makes a De Minimis Impact Finding related
to AB3158, Chapter 1206, Statutes of 1990. On the basis
of the initial study and comments received during the
public review process, the Planning Commission has found
that, the proposed projects would not have a significant
effect on the environment.
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Resolution No. 94-58
Page 2
PASSED AND ADOPTED at a regular meeting of the Tustin
City Council, held on the 16th day of May, 1994.
THOMAS R. SALTARELLI
Mayor
Mary E. Wynn,
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
SS
CERTIFICATION FOR RESOLUTION NO. 94-58
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 5; that the above and foregoing
Resolution No. 94-58 was duly and regularly introduced,
passed, and adopted at a regular meeting of the Tustin City
Council, held on the 16th day of May, 1994.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER:ABSENT:
MARY E. WYNN
City Clerk
PR: kd\cCresos\94 - 58. pr
1 ORDINANCE NO. 1123
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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.
S ·
Ce
The 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.
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.
D.
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,
Vending Devices
Pushcarts,
Portable
Consistent with other Sections of the Tustin City Code,
outdoor vending activities are also hereby prohibited
except as provided herein:
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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 one (1)~ acre in land area, with
written consent of the center, owner or a~ent,
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 porsable
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 sha21 be
considered in the evaluation of a Design Review
application for pushcarts or other portable vending
devices:
(a) Location, number and size, including heigh%;
(b) Design of the pushcart(s) or other por%ab!e
vending device(s), including color and sigr..age,
which shall be compatible with the design of the
shopping center where the pushcart(s) is located;
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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 placed within 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 (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:
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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.
"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
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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~ 1123. pr
I ·
II.
CITY OF TUSTIN
Community Development Department
ENVIRONMENTAL INITIAL STUDY FORM
Background
1.
·
·
Address and Phone Number of Proponent
Date of Checklist Submitted
·
·
Agency Requiring checklist
Name of Proposal, if applicable
Environmental Impacts
·
Earth. Will the proposal result in:
a·
Unstable earth conditions or in
changes in geologic substructures?
be
Disruptions, displacements, compaction
or overcovering of the soil? ·
Ce
Change in topography or ground surface
relief features?
d'e '
The destruction, covering or
modification of any unique geologic
or physical features?
e·
Any increase in wind or water erosion
of soils, either on or off the site?
f ·
Changes in deposition or erosion of
beach sands, or changes in siltation,
deposition or erosion which may modify
the channel of a river or stream or the
bed of the ocean or any bay, inlet or
lake?
Yes Maybe No
Yes Maybe No
·
·
ge
Exposure of people or property to
geologic hazards such as earthquakes,
landslides, mud slides, ground failure,
or similar hazards?
Air. Will the proposal result in:
ae
Substantial air emission or
deterioration of ambient air quality?
b. The creation of objectionable odors?
Ce
Alteration of air movement, moisture,
or temperatures, or any change in
climate, either locally or regionally?
Water. Will the proposal result in:
a·
be
Changes in currents, or the course
of direction of water movements,
in either marine or fresh water?
Changes in absorption rates,
drainage patterns, or. the rate and
amount of surface runoff?
Ce
Alterations to the course or flow
of flood waters?
de
Change in the amount of surface
water in any water body?
e·
Discharge into surface waters,
or in any alteration of surface water
quality, including but not limited
to temperature, dissolved oxygen or
turbidity?
f ~
Alteration of the direction or rate
of flow of ground waters?
ge
Change in the quantity of ground
waters, either through direct additions
or withdrawals, or through interception
'of an aquifer by cuts or excavations?
·
·
6.
Yes Maybe No
h.
Substantial reduction in the amount of
water otherwise available for public
water supplies?
ie
Exposure of people or property to
water related hazards such as flooding
or tidal waves?
Plant Life. Will the proposal result in:
a·
Change in the diversity of species, or
number of any species of plants (including
trees, shrubs, grass, crops, and aquatic
plants)?
,?
be
Reduction of the numbers of any unique,
rare or endangered species of plants?
Ce
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Introduction of new species of plants
into an area, or in a barrier to 'the
normal replenishment of existing
species?
Reduction in acreage of any
agricultural crop?
Animal Life. Will the proposal result in:
a..
Change in the diversity of species, or
numbers of any species of animals (birds,
land animals including reptiles, fish and
shellfish, benthic organisms or insects)?
be
Reduction of the numbers of any unique,
rare or endangered species of animals?
Ce
Introduction of new species of animals
into an area, or result in a barrier to
the migration or movement of animals?
de
Deterioration to existJ.ng fish or
wildlife habitat?
Noise· Will the proposal result in:
a. Increases in existing noise levels?
be
Exposure of people to severe noise
levels?
·
·
Light and Glare. Will the proposal produce
new light or glare? -
Land Use. Will the proposal result in
a substantial alteration of the present
or planned land use of an area?
Natural Resources. Will the proposal
result in:
Ye___~s Maybe No
a·
Increase in the rate of use of any
natural resources?
b. Substantial depletion of any
nonrenewable natural resource?
10. Risk of Upset. Will the proposal involve:
a. A risk of an explosion or the release
of hazardous, substances (including, but
not limited to, oil, pesticides, chemicals
or radiation) in the event of an accident
or upset conditions?
b. Possible interference with an
emergency response plan or an
emergency evacuation plan?
11. Population. Will the proposal altler
the location, distribution, density, or'
growth rate of the human population of
an area?
12' Housing. Will the proposal affect
existing housing, or create a demand
for additional housing?
13. Transportation/Circulation. Will the
proposal result in:
a ·
b·
Generation of substantial additional
vehicular movement?
Effects on existing parking facilities,
or demand for new parking?
Substantial impact upon existing
transportation systems?
de
Alterations to present patterns of
circulation or movemen~ of people
and/or goods?
Yes Maybe NO
Se
Alterations to waterborne, rail or
air traffic?
fo
Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
14.' Public Services. Will the proposal have
an effect upon, or result in a need for new
or altered governmental services in any of
the following areas:
a. Fire protection?
bo
Ce
Police protection?
Schools?
de
eo
Parks or other recreational facilities?
Maintenance of public facilities,
including roads?
f. Other governmental services?
15.
Energy. Will the proposal result in:
a. Use of substantial amounts of fuel or
energy?
bo
Substantial increase in demand upon
existing sources of energy, or require
the development of new sources of
energy?
16.
utilities. Will the proposal result in a
need for new systems, or substantial
alterations to the following utilities:
a. Power or natural gas?
-~ b. Communications systems?
c. Water?
d. Sewer or septic tanks?
,?
ee
f ·
Storm water drainage? -
Solid waste and disposal?
17.
Human Health. Will the proposal
result in:
ae
Creation of any health hazard or
potential health hazard (excluding
mental health)?
be
Exposure of people to potential
health hazards?
18.
Solid Waste. Will the proposal create
additional solid waste requiring disposal
by the City?
19.
Aesthetics. Will the proposal result in
the obstruction of any scenic vista, or view
open to the public, or will the proposal
result in the creation of an~'aesthetically
offensive site open to public view?
20.
Recreation. Will the proposal result in an
· impact upon the quality or quantity of
existing recreational opportunities?
21. Cultural Resources
ae
Will the proposal result in the
alteration of or the destruction of
a prehistoric or historic archaeological
site?
b~
Will the proposal result in adverse
physical or aesthetic effects to a
prehistoric or historic building,
structure, or object?
Ce
Does the proposal have the potential
to cause a physical change which
would affect unique ethnic cultural
values?
Yes Maybe ~o
de
Will the proposal restrict existing
religious or sacred use~ within the
potential impact area?
Yes Maybe N._9o
22.
Mandatory Findings of Significance.
a®
Does the project have the potential to
degrade the quality of the environment
substantially reduce the habitat .of a
fish or wildlife species, cause a fish or
wildlife population to drop below self
sustaining levels, threaten to eliminate
a plant or animal community, reduce the
number or restrict the range of a rare or
endangered plant or animal or eliminate
impOrtant examples of the major periods
of California history or prehistory?
be
Does the project have the potential to
achieve short-term, to the disadvantage of
long-term, environmental goals? (A short-
term impact On the environment is one
which occurs in a relatively brief, definitive
period of time while long-term impacts will
endure well into the future).
Does the project have impacts which are
individually limited, but cumulatively con-
siderable? (A project may impact on two
or more separate resources where the impact
on each resource is relatively small, but
where the effect of the total of those
impacts on the environment is significant.)
do
Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or
indirectly?
III. Discussion of Environmental Evaluation - See Attached
.r
IV. Determination
(To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a
significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have
a significant effect on the environment, there will
not be a significant effect in this case because the
mitigation measure described on an attached sheet have
been added to the project. A NEGATIVE DECLARATION WILL
BE PREPARED
I find the proposed project MAY have a significant effect
on the environment, and an ENVIRONMENTAL IMPACT REPORT
is required.
forms\ i ni tstud. 94
S~gnatur~ %
P~int ~e
Print ~i~le
PART III - DISCUSSION OF ENVIRONMENTAL EVALUATION
EXHIBIT A
INITIAL STUDY RESPONSES
FOR
CODE AMENDMENT 94-002
BACKGROUND
In May of 1992, the City of Tustin Community Development Department
presented a report to the City Council which detailed numerous
impacts associated with unrestricted pushcart operation in the
city. At that time Council adopted an Urgency Ordinance (No.
1088), immediately establishing interim regulations for pushcarts
to be in effect for one year. That Urgency Ordinance was
subsequently extended for an additional year and will expire in May
of 1994.
California State Planning, zoning and Development Law does not
allow additional extensions to an urgency ordinance; therefore,
Staff has been directed to develop a permanent ordinance relating
to the regulation of outdoor vending activities, pushcarts, and
portable vending devices.
,.
Pursuant to provisions of the Tustin City Code, the proposed
amendment to the "General Regulations" section (Section 9271) of
the Zoning Code would prohibit outdoor vending' activities except
for the use of pushcarts and portable vending devices in commercial
shopping centers with more than 30,000-square feet of floor area,
or with more than one acre of land area, and at special events or
other locations, with an approved Temporary Use Permit or
Conditional Use Permit. Specific design criteria and standards for
operation and use of pushcarts and portable vending devices, as
well as restrictions, are included in the ordinance. The proposed
amendment would also contain definitions of terms used, and other
requirements consistent with current state law. Upon adoption, the
proposed ordinance would be effective throughout the City.
1. EARTH
Items A throuqh G - "No": The proposed code amendment would
not result in changes to existing earth conditions, topography
or ground features. The proposed amendment would regulate the
use of pushcarts and other portable vending devices in the
city and specify development standards for their design,
operation and use. No development would be associated with
the proposal.
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitorinq Required: None required.
Exhibit A - Initial Study Responses
Code Amendment 94-002
May 9, 1994
Page 2
2. AIR
·
·
Items A throuqh C - "No": Based on review of AQMD standards
for preparing Environmental Impact Reports, this project would
not result in any degradation to existing air quality. The
proposed amendment would regulate the use of pushcarts in the
city and specify development standards and regulations for
their design, operation and use. No development would be
associated with the proposal.
Sources: Proposed Amendment
Tustin City Code
AQMD Standards.
Mitiqation/Monitorinq Required: None required.
·
WATER
,
Items A throuqh I - "No": The proposed code amendment would
not result in any changes to existing water conditions. The
proposed amendmen-t would regulate the use of pushcarts and
other' portable vending devices in the city and specify
development standards for their design, operation and use. No
development would be associated with the proposal.
Sources: Proposed Amendment
Tustin City Code
Mitiqation/Monitorinq Required: None required.
PLANT LIFE
Items A throuqh D - "No": The proposed code amendment would
not result in any changes to existing plant life. The
proposed amendment would regulate the use of pushcarts and
other portable vending devices throughout the city and specify
development standards for their design, operation and use. No
development would be associated with the proposal.
Sources: Proposed Amendment
~ Tustin City Code
Mitiqation/Monitorinq Required: None required.
Exhibit A - Initial Study Responses
Code Amendment 94-002
May 9, 1994
Page 3
5. ANIMAL LIFE
·
·
Items A through D - "No": The proposed amendment would not
result in any changes to existing animal life. The proposed
amendment would regulate the use of pushcarts and other
portable vending devices throughout the city, as well as
specify development standards and regulations for their
design, operation and use. No development would be associated
with the proposal.
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitoring Required: None required.
NOISE
Items A and B - "No": The proposed code amendment would not
result in any changes to existing noise levels. The proposed
ordinance would regulate the' use of pushcarts and other
portable vending devices throughout the city, as well as
specify development standards and regulations for their
design, operation and use. Specific restrictions contained in
the amendment prohibit noise making devices. No development
would be associated with the proposal.
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitoring Required: None required.
LIGHT AND GLARE
"No": The code amendment would not result in the creation of
new light or glare. The proposed ordinance would regulate the
use of pushcarts and other portable vending devices throughout
the city, as well as specify development standards and
regulations for their design, operation and use. Specific
restrictions contained in the amendment prohibit internally
illuminated or electrified signs related to the pushcarts. No
-development woul~ be associated with the proposal·
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitoring Required: None required.
Exhibit A - Initial Study Responses
Code Amendment 94-002
May 9, 1994
Page 4
8. LAND USE
"No": The code amendment would not result in a substantial
alteration of~present or planned land uses. The ordinance
would regulate the use of pushcarts or other portable ending
devices. Specific provisions of the amendment restrict the
operation of pushcarts to commercial shopping centers and
other special locations. No development would be associated
with the proposal.
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitoring Required: None required.
9. NATURAL RESOURCES
Items A and B - "No": The code amendment would not result in
any changes to natural resources. The proposed ordinance
would regulate the use of pushcarts and other portable vending
devices throughout the city, as well as specify development
standards for their design, operation and use. No development
would be associated with the proposal.
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitoring Required: None required.
10. RISK OF UPSET
Items A and B - "No": The code amendment would not increase
risk of upset. The ordinance would regulate the use of
pushcarts and other portable vending devices throughout the
city, as well as specify development standards for their
design, operation and use. No development would be associated
with the proposal.
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitoring Required: None required.
11. POPULATION
"No": The proposed code amendment would not increase or
decrease the population of the City. The ordinance would
Exhibit A - Initial Study Responses
Code Amendment 94-002
May 9, 1994
Page 5
regulate the use of pushcarts and other portable vending
devices throughout the city, as well as specify development
standards for their design, operation and use. No development
would be associated with the proposal.
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitorinq Required: None required'
·
12. HOUSING
"NO": The proposed code amendment would not create a need for
additional housing. The ordinance would regulate the use of
pushcarts and other portable vending devices throughout the
city,, as well as specify development standards for their
design, operation and use. No development would be associated
with the proposal. ~
Sources: Proposed Amendment
Tustin City Code
Mitiqation/Monitorinq Required: None required.
13. TRANSPORTATION/CIRCULATION
Items A through F - "No": The code amendment would not result
in additional vehicular movement or demand for new parking and
no impacts on existing transportation systems or present
circulation patterns are expected. The ordinance would
regulate the use of pushcarts or other portable ending
devices. Specific provisions of the amendment restrict the
operation of pushcarts to commercial shopping centers and
other special locations, and prohibits pushcarts from being
stationed where they would create an unreasonable obstruction
of pedestrian or vehicular traffic flow. Pushcarts would be
further restricted from using any vehicular parking space. No
development would be associated with the proposal.
Sources: Proposed Amendment
~ Tustin City Code
Mitiqation/Monitoring Required: None required.
Exhibit A - Initial Study Responses
Code Amendment 94-002
May 9, 1994
Page 6
14. PUBLIC SERVICES
Items A through F - "No": The code amendment would not have
an impact on or result in an increased demand for or alter any
public service. The ordinance would regulate the use of
pushcarts and other portable vending devices throughout the
city, as well as specify development standards for their
design, operation and use. No development would be associated
with the proposal.
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitoring Required: None required.
15. ENERGY
Items A and B - "No": The code amendment would not create a
substantial increase the demand for or consumption of energy.
The ordinance would regulate the use of pushcarts or other
portable ending devices. Specific provisions of the amendment
restrict the operation of pushcarts to commercial shopping
centers and other special locations. Demands for electrical
service to those facilities have been .accounted for in
existing energy sources. No development would be associated
with the proposal and the development of new energy sources
would not be required.
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitoring Required: None required.
16. UTILITIES
Items A through F - "No": The code amendment would not
increase the demand for traditional public utilities, such as
water, natural gas, storm drains or sewers. The ordinance
would regulate the use of pushcarts or other portable ending
devices. Specific provisions of the amendment restrict the
operation of pushcarts to commercial' shopping centers and
other special locations. Demands for utility service to those
facilities have been accounted for in existing utility
systems. No development would be associated with the
proposal.
Exhibit A - Initial Study Responses
Code Amendment 94-002
May 9, 1994
Page 7
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitorinq Required: None required.
17. HUMAN HEALTH
Items A and B - "No": The proposed code amendment would not
create new health hazards to those living or working in the
vicinity. The ordinance would regulate the use of pushcarts
and other portable vending devices throughout the city, as
well as specify development standards for their', design,
operation and use. No development would be associated with
the proposal.
SOurces: Proposed Amendment
Tustin City Code
Mitigation/Monitorinq Required:. None required.
18. SOLID WASTE
"Maybe": The code amendment would regulate the use of
pushcarts or other portable ending devices. Specific
provisions of the amendment restrict the operation of
pushcarts to commercial shopping centers and other special
locations. It is anticipated that authorized pushcarts may
sell food or other products which could generate a minor
amount of additional solid waste requiring disposal by the
city. However, specific provisions of the ordinance prohibit
a pushcart from operating without a refuse bin, and existing
waste disposal systems will be adequate.
Sources: Proposed Amendment
Tustin City Code
Mitiqation/Monitorinq Required: None required.
19. AESTHETICS
"No": The code amendment would not impact any scenic vista or
view. The proposed ordinance would regulate the use of
pushcarts or other portable ending devices. Specific
provisions of the amendment restrict the operation of
pushcarts to commercial shopping centers and other special
locations. Pushcarts and other portable vending devices are
Considered minor additions to existing facilities.
Exhibit A - Initial Study Responses
Code Amendment 94-002
May 9, 1994
Page 8
Consideration of views would have been addressed at the time
of development of the shopping center where the pushcarts are
located. No development is associated with the proposal.
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitorinq Required: None required.
20. RECREATION
"No": The proposal will not create a need for additional
recreational services or impact existing services. The
ordinance would regulate the use of pushcarts and other
portable vending devices throughout the city, as well as
specify development standards for their design, operation and
use. No development would be associated with the proposal.
Sources: Proposed Amendment
Tustin City Code ~
Mitigation/Monitoring Required: None required.
,
21. CULTURAL RESOURCES
Items A through D - "No": The code amendment would not result
in the alteration or destruction of archaeological sites and
historic buildings, or cause a physical change which will
affect cultural values. The proposed ordinance would regulate
the use of pushcarts or other portable ending devices.
Specific provisions of the amendment restrict the operation of
pushcarts to commercial shopping centers and other special
locations. Pushcarts and other portable vending devices are
considered minor additions to existing facilities.
Consideration of cultural or historic resources would have
been addressed at the time of development of the shopping
center where the pushcarts are located. No new development is
associated with the proposal.
Sources: Proposed Amendment
i~ Tustin City Code
Mitigation/Monitoring Required: None required.
Exhibit A - Initial Study Responses
Code Amendment 94-002
May 9, 1994
Page 9
22.
MANDATORY FINDINGS OF SIGNIFICANCE
Items A throuqh D - "No": The proposed code amendment would
not result in the degradation of the environment. There is no
potential to achieve short-term, to the disadvantage of long-
term, environmental goals. There are no cumulative impacts
and there would be no adverse effect to human beings for the
reasons stated above. The ordinance would regulate the use of
pushcarts and other portable vending devices throughout the
city, as well as specify development standards for their
design, operation and use. No development would be associated
with the proposal.
Sources: As Previously Stated
Mitiqation/Monitorinq: None Required.
PR: CApshc t. ENV