Paso Robles Municipal Code Art. III Approval of Location Permits

No person shall operate a pushcart on a public way within the city without an approved location permit as provided in this chapter. Such permit shall be in addition to any business license required by the city.

(Ord. 654 N.S. Exh. A (part), 1993)

An application for an approved location permit shall be made to the community development director, and shall contain the information requested by the community development director as necessary to fulfill the purposes of this chapter.

(Ord. 654 N.S. Exh. A (part), 1993)

Applications shall be reviewed by the city's development review committee (DRC) in the light of all the facts relevant to the purposes of this chapter, including, but not limited to, the following:

(a) Compliance with the specific requirements of this chapter;

(b) The goals of the general plan and any applicable specific plans;

(c) Automobile and pedestrian safety and minimum interference with parking;

(d) Avoidance of unfair competition with merchants in fixed locations;

(e) Diversity of product (based on a limitation of the number of pushcarts approved for sale of the same type(s) of merchandise except in conjunction with a city council approved special event);

(f) Aesthetics, including pushcart design and operator attire;

(g) Recommendations by the Paso Robles Main Street Program board of directors;

(h) Written comments from a property or business owner directly adjacent to the proposed pushcart location site. A written protest from the owner of a fixed business location shall constitute adequate grounds for denial of a permit for a pushcart to be located in front of that business location.

(Ord. 654 N.S. Exh. A (part), 1993)

Within fifteen days after an application has been filed, the community development director shall cause to be published a notice of the filing pursuant to Section 21.23A.040(B) (Informal Hearings), and also post a copy of such notice in at least two conspicuous places close to the proposed location. Additionally, written notice shall be provided to the manager of the Paso Robles Main Street Program, requesting a written recommendation from the Paso Robles Main Street board.

(Ord. 654 N.S. Exh. A (part), 1993)

In order that the limited number of pushcart locations may be used by those pushcarts most compatible with the goals of this chapter, it is the intent of this chapter to promote competition for new applications for approved locations. No new application shall therefore be deemed complete under Government Code Section 65943 until at least thirty days after the publication of the notice called for in this chapter. If no other applications are filed for the same location within thirty days of the publication, no further notice need be given. No competing application for a given location will be accepted more than thirty days after the publication of notice hereunder.

(Ord. 654 N.S. Exh. A (part), 1993)

If more than one new application is filed for the same location, the community development director shall, if any pushcart is to be allowed in such location, approve the application which the director determines to be most compatible with the goals and criteria of this chapter. If applications are deemed to be equally compatible, selection shall be made by lottery.

(Ord. 654 N.S. Exh. A (part), 1993)

An approved location permit may be revoked at any time upon a written determination by the community development director that the permit is being utilized in a manner contrary to law, the goals of this chapter, development and/or operational standards established by city council resolution, or the general welfare of the city. Prior to such revocation, the director shall give the permittee written notice by first class mail of his intent to revoke, and shall hold an informal hearing allowing the permittee to present arguments against revocation.

(Ord. 654 N.S. Exh. A (part), 1993)

Any interested party may appeal any decision of the community development director or development review committee (DRC) to the planning commission by filing a written appeal within ten days after the mailing of notice of the director's decision to the last known address of the permittee, and upon payment of the fee specified by city council resolution. In considering the appeal, the council may affirm, revoke or modify the director's decision in whole or in part, and consider any other matters it deems pertinent.

(Ord. 654 N.S. Exh. A (part), 1993)