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A. Sales of Christmas Trees and Other Agricultural Products. Upon approval of a temporary use permit by the director, premises within nonresidential zones may be used for the sale of Christmas trees, pumpkins, flowers, seasonal produce, and the like, subject to the following requirements and any other conditions that the director deems necessary:

1. Sales shall be limited to Christmas trees, pumpkins, flowers, seasonal produce and the like and related accessory items only, as specified in the letter of approval.

2. Sales of Christmas trees shall not be conducted before Thanksgiving or after December 26th. The duration of pumpkin and seasonal produce sales shall be subject to director approval.

3. The site shall be maintained in a neat and orderly manner at all times. All sales items, sales equipment, temporary power poles, other temporary structures, and signs shall be kept behind a ten-foot setback from all street rights-of-way, and they shall be removed within ten days after the close of the sale. Trash and recycling receptacles shall be provided in a convenient location for customers.

4. A camper or trailer for overnight security may be parked on site for the duration of the permit. Any such camper or trailer shall be set back at least ten feet from the street right-of-way.

5. The applicant may be required to post a refundable deposit, set by the director, with the community development department to ensure site clean-up. Deposit shall be in the form of a cashier’s check and shall be made prior to occupying the site.

6. Outdoor sales lots are subject to all fire safety measures, including location of fire extinguishers, as required by the Fire Marshal.

7. Any Christmas trees sold for use in public facilities shall be flame-proofed with a State Fire Marshal-approved material by a state-licensed application.

8. Applicants shall obtain a city business tax certificate. A copy of the director’s approval and the business tax certificate shall be posted in a conspicuous location at all times when the use is in operation.

9. The applicant shall secure a building permit for any structure requiring a permit, associated with the use. The plan shall show the proposed vehicular circulation pattern, parking layout, and location of structures. Plans shall also demonstrate compliance with California Code of Regulations Title 24 requirements for handicap accessibility.

10. The use shall comply with all requirements of the county health agency.

11. Restroom facilities shall be provided either on site or on a nearby property to the satisfaction of the chief building official.

12. No sales or display shall take place in the public right-of-way.

B. Other Outdoor Sales.

1. Outdoor sales of nonagricultural products, such as food carts, barbecues, and swap meets, shall be limited to the types of retail sales allowed in the location’s zone. Outdoor sales may be temporary, intermittent, or permanent. Outdoor sales do not include incidental outdoor display of merchandise associated with a business occupying a building on the site, nor sale of things usually sold outdoors, such as boats, vehicles, and building or landscape materials. See also Chapter 5.16 (Solicitors and Peddlers) and Chapter 5.48 (Sales on Streets and Sidewalks).

2. Other outdoor sales require director’s action approval. Parking requirements, setbacks to sales or storage areas, safety and aesthetic screening, and other development standards usually related to buildings shall be established by permit approval.

C. Garage and Yard Sales. On any residentially developed lot, garage or yard sales are allowed a maximum of four times within a twelve-month period, subject to the following requirements:

1. Each garage or yard sale shall not exceed three consecutive days.

2. Each unit within multi-unit apartment or condominium project and common interest subdivisions may have up to four garage/yard sales in approved common areas with the permission of the homeowners’ association (for sales within common areas), property owner, or property manager.

3. Items shall consist of normally accumulated household items (clothing, furniture, etc.). Items offered for sale may not include items acquired for resale.

4. One on-site sign not to exceed four square feet shall be allowed during the sale. No other signs are allowed in the area and no signs may be displayed within a public right-of-way.

5. Garage and yard sales are not allowed on vacant lots. (Ord. 1650 § 3 (Exh. B), 2018)