HomeMy WebLinkAboutORD-22-92 Amend Ch 17.40 Allow Hot Dog Vending Carts as Accessory Use Subject o Conditional Use PermitORDrNANCE NO. 22-
92 AN ORDrNANCE OF THE CrTY COUNCrL
OF THE CrTY OF ORANGE AMENDING THE
CHAPTER 17.40 OF THE ORANGE MUNrCrPAL CODE
TO ALLOW HOT DOG VENDrNG CARTS AS AN
ACCES-SORY USE SUBJECT TO A CONDrTrONAL
USE
PERMrT.WHEREAS, the City Council after duly noticed pUblichearinghasfoundanddeterminedthatpermittingmobilehotdogvendingcartsinfixed, controlled, locations as accessory uses
in business related zones and subject to annual reviewandconditionsbyconditionalusepermitwillprovideapropertyservicetothepublicwhileprotectingsurroundingpropertiesfromadverseimpacts;
and WHEREAS, the Planning Commission has recommended a
code amendment permitting such a use after holding two duly
noticed public
hearings.NOW, THEREFORE, the City Council of the City of Orangedoesordainas
follows:Section
I:A new section 17.040.140 is added to the OrangeMunicipalCodetoreadas
follows:SECTION 17.040.140 "H" Words. Terms and Phrases Hot DoaVendinaCarts. Hot Dog Vending Cart is a portable, non-
motorized device,operating outside of a building, from which avendorprimarilysellshotdogs. Such carts are to be portable solely
for the purpose of moving them from the sales locationtocommissarydaily. Otherwise, said cart will operate from a
fixed location.The following provision is added to theOrangeMunicipalCodeasSections17.38.040, subsection E; Section 17.42.040,subsection P; Section 17.43.030, subsection P; Section 17.46.040,
subsection P;Hot Dog Vending Carts as an accessory use
to a permitted or conditionally permitted use subject
to the
following standards:1. Written authorization of the property ownershallbesubmittedto
the City.2. provisions are made to provide
on-site restroom facilities for the operator of the mobile
food vending cart.3. A hot dog vending cart shall be
operated from an Office-Professional, CommercialorIndustrialzonedpropertywiththecartatafixedlocationwhich
must be at least three hundred (300) feet away fromanypublicstreetorsidewalkandnotcloserthantwo hundred (200) feet from any residentially zoned property,
Additionally, only one (1) such cart may operate from any
property.
4. The area occupied by the cart and any condiment service
areas shall not exceed 5' x 8'.
5. No selling within a public street or sidewalk shall be
permitted.
6. Details of the proposal shall be submitted to the
Orange county Health Department who will generate a report
to the City relating to the acceptability of the proposal
and include desired conditions of approval, prior to
consideration of the Conditional Use Permit by the City.
7. An adequate means for litter disposal shall be
provided.
8. The application shall include a dimensioned site plan
identifying the specific location on the property from which
food vending is to take place and a brief description of the
proposal which shall include the specification of items to
be sold, hours of operation, and plans for sanitary control.
9. Any s~gns shall be attached to the cart (i.e., no free-
standing s1gns shall be permitted) and limited to a total
display area of thirty (30) square feet maximum.
10. commissary facilities must be located within the County
of Orange and proof of the issuance of a County of Orange
Health Department permit for such facility shall accompany
the application.
11. Proof of issuance of a County of Orange Health
Department permit authorizing operation of the hot dog food
vending cart shall be provided to the City prior to final
approval of the proposed activity.
12. Approval of the Design Review Board shall be received
prior to public hearing for the conditional use permit.
13. An annual review by the Planning Commission at a
noticed public hearing conducted at the expense of the
permit holder, to determine compliance with all legal
requirements, including the terms of this Chapter and the
conditional use permit; and that the use has not created
negative impacts on surrounding land uses.
14. The applicant shall enter into an agreement with the
city acknowledging that the privilege to operate may be
revoked in the event of violation of the city regulations or
terms of this approval, or in the event that the Planning
Commission after public hearing on an annual review under
subparagraph 13 above."
Ord No. 22-92
SECTION III:
A summary of this Ordinance shall be published and a
certified copy of the full text of this Ordinance shall be posted
in the Office of the city Clerk at least five (5) days prior to
the City Council meeting at which this Ordinance is to be
adopted. A summary of this Ordinance shall also be published
once within fifteen (15) days after this Ordinance's passage in
the Orange City News, a newspaper of general circulation,
published, and circulated in the City of Orange. The city Clerk
shall post in the Office of the city Clerk a certified copy of
the full text of such adopted Ordinance along with the names of
those city Council members voting for and against the Ordinance
in accordance with Government Code Section 36933. This Ordinance
shall take effect thirty (30) days from and after the date of its
final passage.
Adopted this 15th day of September, 1992.
ATTEST:
f;1.~~~
C1ty Cl k 0 tbJ! City of Orange
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARILYN J. JENSEN, city Clerk of the City of Orange,
California, do hereby certify that the foregoing Ordinance was
introduced at the regular meeting of the city Council held on
the Ath day of Seotember, 1992, and thereafter at the
regular meeting of said City Council duly held on the ~ day
of Seotember, 1992, was duly passed and adopted by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: STEINER, BARRERA, MAYOR BEYER, COONTZ,
SPURGEON
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
ci~~i 9.ev~P'4t/
Itity of orange
ROH :dg 3 Ord No, 22.92