Rocklin Municipal Code Art. VI Mobile Pushcart Vending

A. Upon receipt of an application for a conditional use permit for a mobile pushcart vending facility, the planning director may grant, grant with conditions, or deny the application. The decision will be in writing, setting forth the findings of fact supporting the decision, and shall be served on the applicant within five days. The decision is subject to a ten-day appeal period and shall not become final until such time as this period expires.

B. The planning director may act on the application without prior notice to adjoining owners of property affected by the conditional use permit and without a hearing. If the planning director grants or conditionally grants the conditional use permit, he/she shall give notice of the action to those persons who would have received notice of a hearing before the planning commission had the application been for a conditional use permit under Article III. Such notice shall specify that any interested person may appeal the action of the planning director in the manner provided by Chapter 17.86.

C. The grant or conditional grant of a conditional use permit for a mobile pushcart vending facility shall be based on a finding by the director that the establishment, maintenance or operation of the use and facility will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood, or to the general welfare of the city.

(Ord. 674 § 12 (part), 1993).

The following mobile pushcart vending uses are exempt from the regulations and requirements of this chapter:

A. Mobile pushcart vending facilities not visible from the public right-of-way and located on or adjacent to interior walkways within an open, as opposed to an enclosed, shopping center comprised of two or more buildings;

B. Mobile pushcart vending facilities located within enclosed retail buildings, shopping centers and malls;

C. Mobile pushcart vending facilities operating in conjunction with special event uses as governed by Chapters 17.63 and 17.64 of this title.

(Ord. 674 § 12 (part), 1993).

The planning director shall prescribe the forms and documents to be filed for a mobile pushcart vending permit. The forms and documents shall be filed with the planning director and accompanied by the following:

A. A description of the site which may include a map drawn to scale showing lot lines and dimensions, ingress and egress points, improved areas, grading plans, parking and traffic control locations. In addition, a description and location of the mobile pushcart vending facility, its signs and equipment, such as tables, chairs, etc., may also be required;

B. A fee as specified in the current city council fee resolution;

C. Written authorization of the subject property owner or his/her designated representative agreeing to the placement and operation of the mobile pushcart vending facility;

D. A written letter describing the mobile pushcart vending facility's nature of business and hours of operation;

E. Such additional information as the planning director deems as necessary.

(Ord. 674 § 12 (part), 1993).

A conditional use permit for a mobile pushcart vending facility shall be valid for one year.

(Ord. 674 § 12 (part), 1993).

A mobile pushcart vending facility shall comply with the following development standards:

A. The use is to be on improved private property;

B. The use shall not be within two hundred feet of another mobile pushcart vending facility;

C. The use shall not be within fifteen feet of any fire hydrant;

D. The use shall not occupy more than ten percent of the subject property's existing parking area, or more than four hundred square feet, whichever is less. Such area shall be identified on the mobile pushcart vending facility application materials;

E. The use shall be sited with consideration given to the triangular visibility area of an intersection so as not to obstruct the visibility of motorists, pedestrians and bicyclists to assure the public's health and safety;

F. The use shall include trash receptacle(s). Such receptacles shall be maintained so as to not create an offending odor or visual nuisance;

G. The area on which the mobile pushcart vending facility is located shall be kept free of debris;

H. The use shall not reflect undesirable light and glare from the designated premises;

I. The use shall not use, play or employ any sound, outcry, amplifier, loudspeaker, radio or any other instrument or device for the production of sound in connection with the promotion of a mobile pushcart vending facility;

J. The permittee shall maintain a written agreement giving the permittee and his/her agents the right to use permanent sanitary facilities located no more than three hundred feet from the approved location;

K. The pushcart shall not be used to sell any merchandise to any person who is in a motor vehicle within a travel lane at the time of a sale. Merchandise may be sold to a person in a motor vehicle within a designated parking area;

L. The pushcart shall not be greater than ten feet in height;

M. Signage shall not exceed a total of thirty square feet. The signage shall be limited to the signs which may be single- or double-sided. The signage shall not exceed ten feet in height and be located on the pushcart site;

N. Sale of product shall be from the approved mobile pushcart vending facility and not from additional accessory stands, tables, chairs or other devices other than those permitted as indicated on the application;

O. The use shall be located on a generally level portion of a site and an adequate breaking system be provided for, as necessary.

(Ord. 674 § 12 (part), 1993).

An appeal of a decision shall be made in accordance with the procedures specified in Chapter 17.86 of this title.

(Ord. 674 § 12 (part), 1993).