§ 20.80.820. Exception - Administrative permit.

A.

Nothing in this part shall regulate or prohibit the following uses:

1.

The seasonal sale of Halloween pumpkins and Christmas trees and associated greenery pursuant to this title.

2.

The peddling of any product from an approved location within the sidewalk portion of a public street pursuant to Chapter 6.54 of Title 6.

3.

The placement or maintenance of a newsrack within the public right-of-way pursuant to Chapter 13.18 of Title 13.

4.

The vending of beverages, goods, wares, merchandise or services for the use of an on-site business when covered by other provisions in this title.

B.

Notwithstanding the provisions of this part, no administrative permit shall be required for the placement or operation of a vending facility which solely involves the vending of whole, uncut, fresh fruits and vegetables and that meets and remains in full compliance with all of the following location and operational requirements:

1.

The vendor shall attend the vending facility at all times.

2.

The vending facility shall operate only on a site with an existing fixed-base host in operation on the site.

3.

All operations shall fully comply with all federal, state and local laws, regulations and guidelines including without limitation those applicable to the vending of fresh fruits and vegetables, including without limitation the California Health and Safety Code, the California Food and Agricultural Code, and all regulations and guidelines promulgated by the State of California and the County of Santa Clara thereunder, as the same may be amended from time to time.

4.

All activities, and the duration of those activities, shall first have been approved and authorized in writing by the owner of the real property on which those activities are planned to occur. The vendor shall have this written authorization available on-site and shall present it to the city upon the city's request.

5.

The vendor shall completely remove all equipment, merchandise and other materials, including, without limitation, waste materials, from the site upon the conclusion of the vending activities, excepting such interior storage of equipment, merchandise or materials as may be allowed on the site with the permission of the owner or operator of the site.

6.

The hours of operation of a vending facility shall be limited to the hours of operation of the fixed-base businesses on the fixed-base host site; however, the vending facility shall not operate, including any setup or breakdown activities, between the hours of 9:00 p.m. and 7:00 a.m. During hours in which the fixed-base host businesses are closed, the vending facility shall be removed from the parcel or lot on which it operates, or shall be stored indoors.

7.

The vending facility shall be placed or operated only on paved surfaces and not on landscaped areas, nor shall the vending facility adversely impact any landscaping or landscaped areas.

8.

The vendor shall not offer for sale or otherwise distribute any products other than whole, uncut, fresh fruit and vegetables.

9.

Each vendor shall not use amplified sound for any purpose.

10.

The vending facility or activities shall not obstruct the safe flow of vehicular or pedestrian traffic on or around the site.

11.

The vending facility shall not occupy or obstruct more than two parking spaces required by this title for the operation of any other concurrent use.

12.

The maximum dimensions of the vending facility shall be as follows:

a.

The maximum height of any portion of each vending facility, including any folding or collapsible appendage, shall not exceed ten feet.

b.

The maximum width of each vending facility or cart, including any folding or collapsible appendage, shall not exceed ten feet.

c.

The maximum length of each vending facility or cart, including any folding or collapsible appendage, shall not exceed twenty-four feet.

13.

The vending facility shall not be placed on or operate within the boundaries of a hypothetical triangular area described by the point of intersection of the curb-line extensions of perpendicular or nearly perpendicular streets, and a line joining two points thirty feet from that point of intersection, measured along those curb-lines.

14.

The vending facility shall not be placed or operate less than one hundred feet from a freeway on or off ramp.

15.

The vending facility shall not be placed or operate less than twenty feet from a driveway curb cut.

16.

The vending facility shall not be placed or operate within fifty feet of an exclusively residentially used lot as measured from nearest point of vending facility to nearest point of the exclusively residentially used lot.

17.

No vending facility shall be placed within or operate from a structure or stand which is attached to or bears directly upon or is supported by the surface of the site. Vending facilities shall operate exclusively from vehicles or carts or other conveyances which are fully mobile and have operational wheels in place at all times. Vending facilities shall not connect to temporary or permanent on-site water, gas, electricity, telephone or cable sources.

18.

Vending facilities shall not be located less than fifteen feet from a parcel or lot line or a public right-of-way.

19.

The vendor shall not place or utilize displays of fruits or vegetables that are detached from the vending facility or visible off-site.

20.

All signs used in conjunction with any vending facility shall comply with the requirements of Title 23 of this Code and with the following requirements:

a.

Free-standing signs shall not be allowed. All signs shall be mounted or attached to the exterior surfaces of the vending facility and shall not extend beyond the top, bottom, or side lines of the exterior surface to which it is mounted or attached. The dimensions of mounted or attached signs shall be included in measuring and calculating the maximum height, width, and length of a vending facility under Section 20.80.870.

b.

No sign shall revolve, rotate, move or create the illusion of movement, rotation, or revolution, or have any visible moving, revolving, or rotating surface parts.

c.

No sign shall be illuminated, directly or indirectly; but this restriction does not preclude the incidental illumination of such signs by service lighting needed in the conduct of nighttime operations.

d.

No signs shall emit or broadcast any sound, outcry, or noise.

21.

The vendor shall maintain the vending facility and the area around the vending facility in a clean and orderly manner that does not create a public or private nuisance. For purposes of this part, a "nuisance" shall mean any act or omission which obstructs or causes substantial inconvenience or damage to the public or any member thereof, in the course of, or by the manner of, the exercise of rights created by this title.

22.

Each vending facility shall display in a manner legible and visible to its clientele:

a.

The name and phone number of the vendor operating the vending facility;

b.

The number of the city business license issued to the vending facility; and

c.

The property owner's name and phone number.

23.

Each vendor shall have secured with the property owner of the site on which the vendor plans to operate, and prior to the commencement of any operation of the vendor, provision for all of the following services in a manner that comports with state and local laws and regulations, as the same may be amended from time to time:

a.

Refuse disposal and sufficient trash and recycling receptacles within the area of the vending;

b.

Litter removal within three hundred feet of the boundaries of the vending facility; and

c.

Access to adequate sanitary facilities, including restrooms and/or portable sinks and toilets.

(Ords. 26248, 29254, 29678.)