Lake Forest City Zoning Code
CHAPTER 9
182 OUTDOOR VENDING ON PRIVATE PROPERTY
§ 9.182.010 Definitions.
For purposes of this chapter, the words and phrases set forth below shall have the following meanings:
"Cart" or "pushcart"
means any device designed to be moved by human power (or towed by motor vehicle to the outdoor vending location) including any pushcart, wagon, or other wheeled container or conveyance. Pushcarts shall be no greater than four feet wide, eight feet long, and six feet high, excluding any umbrellas. Pushcarts in excess of these dimensions shall require a site development permit in accordance with Chapter 9.184 of this title.
"Goods" or "merchandise"
means and includes items and products of every kind and description, including all food, produce and beverage items.
"Health department permit"
means that permit issued by the Orange County health department to sell prepared food or operate a facility which sells prepared foods for consumption by the public.
"Outdoor vending"
means the sale or offering for sale out-of-doors on private property of any goods or merchandise to the public from a cart, pushcart or wagon.
"Peddler's license"
means that license required by Chapter 5.02 of this Code.
"Vendor" or "outdoor vendor"
means any person who engages in the act of outdoor vending or who otherwise operates any cart, pushcart, wagon, or similar device for the purpose of outdoor vending.
(Ord. 176 § 1, 2007)
§ 9.182.015 Outdoor vending permit required.
No person shall own or operate any outdoor vending business on private property or engage in outdoor vending on private property without a valid permit issued in accordance with the provisions of this chapter. If outdoor vending is to occur in conjunction with a "parade" and/or "special event" authorized in accordance with Chapter 5.05 of this Code, a separate outdoor vending permit is not required so long as such outdoor vending does not violate Chapter 5.05.
(Ord. 176 § 1, 2007)
§ 9.182.020 Outdoor vending permitted in certain zoning districts.
Subject to the requirements of this chapter, outdoor vending on private property shall be permitted in the following zoning districts within the City:
A.
General business district (C2);
B.
Neighborhood commercial district (CN);
C.
Community commercial (CC);
D.
Professional and administrative office district (PA);
E.
Light industrial district (M1);
F.
Lake Forest planned community business park;
G.
Lake Forest planned community industrial park;
H.
El Toro planned community light industrial and service commercial district;
I.
El Toro planned community professional and administrative office;
J.
Pacific Commercentre business park district;
K.
Pacific Commercentre high technology district;
L.
Pacific Commercentre light industrial district;
M.
Baker Ranch Urban Activity Center district;
N.
Foothill Ranch planned community.
(Ord. 176 § 1, 2007)
§ 9.182.025 Outdoor vending permit application.
The Director of Community Development shall prepare an application form sufficient to carry out the purposes of this chapter.
(Ord. 176 § 1, 2007)
§ 9.182.030 Consideration and action on outdoor vending permit application.
A.
The Director of Community Development may approve an application for an outdoor vending permit if:
1.
A complete application has been filed;
2.
The applicant submits evidence that the property owner of the proposed outdoor vending site consents and approves to such activity and is aware of the City's restrictions and regulations pertaining to such use;
3.
The applicant provides the City with a copy of the seller's permit issued by the State Franchise Tax Board;
4.
The application is for a site in a zoning district where outdoor vending is authorized;
5.
The applicant submits plans showing the precise location of the proposed outdoor vending activity;
6.
The applicant meets the performance standards of Section 9.182.065 of this chapter and the requirements of the City's Zoning Code;
7.
The applicant submits the application fee as set by resolution of the City Council; and
8.
The applicant submits a copy of a valid driver's license or other form of identification that provides proof of address.
B.
Approval, conditional approval or denial of an outdoor vending permit shall occur within 10 business days of the submittal of a complete application to the City.
(Ord. 176 § 1, 2007)
§ 9.182.036 Expiration and renewal of permit.
Outdoor vending permits granted pursuant to this chapter shall expire at the end of 12 months from the date of issuance, but shall be subject to annual renewal by the Director of Community Development, upon the written application of the permit holder filed at least 30 days prior to the permit expiration. The renewal of an outdoor vending permit shall be subject to payment of a fee as set by a resolution of the City Council.
(Ord. 176 § 1, 2007)
§ 9.182.040 Revocation of permit.
Any permit issued hereunder may be revoked by the City:
A.
If the permittee violates any City ordinance, regulation, or condition of approval for the permit;
B.
If the permittee violates any relevant state or Federal Law;
C.
If the permittee violates any of the regulations in Section 9.182.065.
(Ord. 176 § 1, 2007)
§ 9.182.045 Appeal.
Any person may appeal the decision of the Director of Community Development to issue, deny, deny an extension, or revoke a permit hereunder in accordance with Section 2.04.100 et seq. of this Code.
(Ord. 176 § 1, 2007)
§ 9.182.050 Transfer of permit.
Any permit shall be immediately void if the permittee or holder attempts to transfer the permit to another person or location.
(Ord. 176 § 1, 2007)
§ 9.182.055 Unlawful outdoor vending declared a public nuisance-Injunction.
Operation of unlawful outdoor vending, i.e., without a permit therefor in violation of any permit condition, is declared and deemed to be a public nuisance subject to abatement in accordance with Chapter 6.14 of this Code and state law. A person who operates or causes to be operated an outdoor vending business without a valid permit or in violation of the conditions of such permit is subject to a suit for injunction as well as prosecution for criminal violations.
(Ord. 176 § 1, 2007)
§ 9.182.060 Violation and penalty.
It is unlawful and a misdemeanor for any person to violate any provision of this chapter and shall subject the violator to punishment in accordance with Section 1.01.200 et seq. of this Code.
(Ord. 176 § 1, 2007)
§ 9.182.065 Performance standards.
In order to operate an outdoor vending business, the operator thereof shall present evidence to Director of Community Development that he/she can and will operate such business in accordance with the performance standards established herein and shall at all times during such operation:
A.
Utilize no cart or pushcart in excess of four feet wide, eight feet long, and six feet high, umbrellas excluded unless a site development permit authorizing such larger cart or carts is issued by the Planning Commission;
B.
Have no more than two signs printed or affixed to each cart which do not exceed four square feet each. A printed menu affixed to the cart shall be considered part of the signage. The information required to be placed on the exterior of the cart by the county health department shall not be considered as signage, provided that the required information is not greater than three inches in height;
C.
Have no flashing lights or noise-making devices of any kind;
D.
Make no sales to motorists or obstruct or interfere with vehicular traffic;
E.
Not place or allow to be placed any permanent or temporary fixtures or merchandise at that location of the vending activity, including but not limited to chairs, tables, advertising materials or signs not affixed to the carts, or storage facilities;
F.
Be prohibited from operating in any landscaped area, including any landscape boundary required along all street frontages;
G.
Be prohibited from operating in any manner that blocks or impedes vehicular or pedestrian circulation on a site;
H.
Be located so as to insure that at least five feet of clear pedestrian access is provided at all times, exclusive of any customer transaction area;
I.
Be located at least 10 feet from any store or building entrance or exit, including any emergency exit;
J.
Be located in a parking stall or space only if the applicant can demonstrate to the satisfaction of the Director of Community Development that excess parking is available on-site in accordance with City parking standards and that the operator and customers will be protected from vehicular traffic;
K.
Be located at least 500 feet from any public school;
L.
Only be permitted to operate from the approved location and between the hours of the opening and closing of the primary or anchor tenant of the site on which the outdoor vending operation is located;
M.
Ensure that the cart or pushcart is equipped with trash receptacles of an adequate size and quantity to accommodate all trash and refuse generated by such outdoor vending operation;
N.
Ensure that all trash, rubbish or debris originated from the corporation is picked up on a daily basis within at least a 25 foot perimeter of the outdoor vending operation;
O.
Possess a valid health department permit if food is to be prepared or sold; and
P.
Possess a valid peddlers permit, if required.
(Ord. 176 § 1, 2007)
