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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: 6 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. 14 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: 27 28 Ordinance No. 1123 Page 2 1 2 (1) Pushcarts or portable vending devices may operate 3 within' the City of Tustin in the following locations only: 4 (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: 25 (a) Location, number and size, including height; 26 (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 1 2 (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 1 2 "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 28 Ordinance No. 1123 Page 5 1 2 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 11 12 13 CITY 14 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 27 PR:kd\ORDINANC\l123.pr 28