This section sets standards for the conduct of temporary outdoor
retail sales activities including farmers’ markets, home sales, sales from individual vehicles, seasonal sales and sidewalk sales. Permanent outdoor retail sales activities are subject to Section 23.08.144 and Section 23.08.056.
(a) General Requirements. The following standards apply to all temporary outdoor retail sales activities unless otherwise provided in subsections (b) through (f).
(1) Permit Requirement. Business license clearance.
(2) Hours of Operation. Daylight hours only, with all sales facilities, signs and any related vehicles removed from the site at the close of daily business. Except where otherwise provided by this section, night operations are allowed only when specifically authorized through development plan approval.
(3) Parking Requirement. None, provided sufficient open area is available to accommodate all employee and customer parking needs either on the site or on adjoining property, entirely outside of public rights-of-way other than designated parking spaces.
(4) Food Sales. The sale of raw or processed foodstuffs is subject to Chapter 8.04 of this code, and any other applicable regulations of the county health department or agricultural commissioner.
(5) Signs. Signs allowed in conjunction with outdoor retail sales are subject to the provisions of Section 23.04.306(b)(19) except where otherwise provided in this section.
(b) Art and Craft Sales. The temporary outdoor sale of handcrafted items and artwork is allowed only in conjunction with a temporary event (Section 23.08.248), except as otherwise provided by this section.
(c) Farmers’ Markets. A farmers’ market pursuant to this section is the temporary use of a site for the sale of food and farm produce items from parked vehicles. Farmers’ markets are subject to all applicable provisions of Sections 1392 et seq., of the California Food and Agriculture Code. (The sale of agricultural products in roadside stands is subject to Section 23.08.056; the sale of seasonal agricultural products is subject to subsection (e) of this section.).
(1) Permit Requirement. Minor use permit approval.
(2) Limitation on Use. Farmers’ markets are limited to the sale of food and produce items, including raw and prepared foodstuffs, plants and cut flowers.
(3) Location. Farmers’ markets are limited to the commercial, industrial, public facilities and recreation land use categories.
(4) Duration of Use. Farmers’ markets are to occur no more than three days per week on any site, unless the minor use permit approval specifically authorizes a longer duration.
(d) Home Sales. Garage sales and the temporary sale of handcrafted items and artwork produced by an authorized home occupation are allowable as set forth in Section 23.08.030(g)(1).
(e) Sales from Individual Vehicles. This use involves the retail sale of various commodities from a vehicle parked outside the public right-of-way. Sales from a vehicle within the public right-of-way are subject to Title 6 of this code.
(1) Permit Requirement. Zoning clearance. The zoning clearance application shall be accompanied by the following:
(A) Written authorization from the owner of record of the site proposed for the sales use; and
(B) A statement of intent is to be filed with the planning department at the time of business license clearance, which is to include the applicant’s acknowledgment of acceptance of the responsibility to conduct business operations in conformity with this section and all other applicable requirements.
(2) Location. Sales from vehicles are not to occur in any residential or office and professional land use category and are limited to a maximum of one such operation per legal lot and no more than one vendor per three hundred linear feet of street frontage, unless the subject site is authorized as a farmers’ market pursuant to subsection (b) of this section, or a swap meet pursuant to Section 23.08.144.
(3) Duration of Use. Sales from vehicles are to occur no more than two days per week.
(4) Operational Standards. When not in use, any commercial vehicle from which sales are conducted is to be stored within an enclosed garage, or on a site in a commercial or industrial category.
(5) Signs. Signs for sales from vehicles are limited to a maximum aggregate area of twenty square feet.
(f) Seasonal Sales. Seasonal sales include the retail sale of seasonal products such as pumpkins and Christmas trees. Where allowed, fireworks sales are subject to the requirements or prohibition of the applicable fire protection agency, in addition to the requirements of this title.
(1) Time Limit. The length of time during which seasonal sales may occur is as follows:
(A) Seasonal Products Grown On-Site. When the seasonal products sold are produced by an on-site agricultural operation, no time limit applies, provided that such sales are conducted in accordance with Section 23.08.056.
(B) Nonagricultural or Off-Site Products. The seasonal sale of nonagricultural products (e.g., fireworks), or agricultural products grown in a location separate from sales, is limited to forty-five days.
(2) Location. Seasonal sales are to be conducted only in the land use categories authorized for such use by the land use element, in the following locations:
(A) On the site where the seasonal agricultural products were grown; or
(B) Outside of any public road right-of-way unless an encroachment permit is approved by the county engineering department. A shopping center parking lot may be used only where no more than twenty percent of the parking spaces are to be occupied by seasonal sales activities.
(3) Guarantee of Site Restoration. A bond or cash deposit is required to guarantee site restoration after use, and operation in accordance with the standards of this section, except when sales of agricultural seasonal products occur on the site where they are grown. When required, the guarantee is to be in the form established by Section 23.02.060, in the amount of fifty dollars for each five thousand square feet of use area.
(4) Hours of Operation. Between seven a.m. and ten p.m. when located in the agriculture, rural lands, residential rural or recreation categories; no limitation in other categories.
(g) Sidewalk Sales. Sidewalk and parking lot sales are allowed in the commercial retail category provided that the sales activity satisfies the following requirements. Parking lot sales differ from "sales from individual vehicles" (subsection (e) of this section) in that sidewalk and parking lot sales are infrequent, promotional events involving the majority of merchants in a shopping center (as defined in Chapter 23.11, definitions -- shopping center). Sidewalk and parking lot sales shall be:
(1) Located within a central business district or shopping center parking lot; and
(2) Conducted by the merchants of shops abutting the sidewalk or parking lot; and
(3) Authorized by an encroachment permit issued as set forth in Chapter 13.08 of this code when located within the public right-of-way; and
(4) Conducted no more often than two days in every thirty days. (Ord. 2715 §§ 122, 123, 1995; Ord. 2592 § 9 (part), 1992)