Fountain Valley Municipal Code Ch. 4.60 Off-Site Sale of Single Agricultural Products

"Single agricultural product"

means any lone product traditionally considered a type of produce, including but not limited to strawberries, pumpkins, and Christmas trees, provided that the product is the only produce item offered for sale and is grown off-site.

(Ord. 1181 § 1, 1992)

A temporary stand for the sale of a single agricultural product, not grown on-site, shall be permitted in any agricultural, commercial or industrial zoned lot, unless otherwise prohibited, and on all church and school sites and on vacant residential property abutting arterial highways. No sales shall be permitted on a service station lot nor inside a building.

(Ord. 1181 § 1, 1992)

A permit shall be obtained from the planning/ building director. The permit shall be good for a period of time not to exceed ninety days from the date of issuance. A site development plan, certificate of liability insurance and the written permission of the legal property owner shall be presented prior to issuance of a permit. In addition, a fee as set forth by separate resolution of the city council shall be collected.

(Ord. 1181 § 1, 1992)

In addition to the general application information required by Section 4.04.070 and the payment of the permit application fee as required by Section 4.02.040, specific application information for off-site sale of single agricultural products is required. The specific information required is as follows:

(1) The application must be submitted to the planning director not less than thirty days prior to the first day of sales.

(2) The size and dimensions of the stand shall be limited to a maximum of twenty-four feet long by eight feet wide by eight feet in height, constructed of CDX plywood using pressure treated supporting members or superior materials, approved by the building official or designee. The stand shall provide frontal openings to facilitate sales. Customer traffic shall not be permitted within the actual stand. A State Fire Marshal-approved fire extinguisher will be present at all times during sales or occupancy of the stand. The applicant shall show the location of the stand in relation to property lines and abutting streets on a site plan as described in Section 4.60.030.

(3) If the stand is to be energized, an electrical permit will be obtained from the department of building and safety. Only UL listed lighting shall be used. No heating, cooking or open flame devices of any type are permitted.

(4) Advertising signage shall consist of either; (i) banner measuring three feet wide by fifteen feet long maximum, one per each arterial frontage, mounted on the face of the stand. The banner(s) shall contain no glitter, movement nor any electrical components, or (ii) a temporary painted sign is allowed provided it is applied directly to the stand and is not a separate, removable sign. Painted signage is limited to one location per frontage in the upper two thirds area of the surface to which it is applied. These are the only advertising methods approved for use with this permit.

(5) The stand shall not be located closer than twenty feet to any ultimate public highway right-of-way. A minimum of three off-street parking spaces shall be provided.

(6) All applicants shall obtain a city business license prior to commencing operations.

(7) The facility shall be removed and the premises cleared of all debris and restored to the condition prior to establishment of the facility within seven days of the expiration of the permit or termination of operations. A deposit to insure restoration of the property shall be collected at the time of permit issuance and refunded after satisfactory inspection by the director of planning and building. This sum shall be forfeited to the city in the event of permittee's failure to remove all trash and debris within the allotted time.

(8) Upon expiration of this permit, or cessation of operations, a minimum period of sixty days shall precede the next permitted use on the same parcel or lot.

(Ord. 1181 § 1, 1992)

Violation of any of the provisions of this chapter shall be cause for revocation of any permit granted under this chapter.

(Ord. 1181 § 1, 1992)

Prior to issuance of a permit, the permittee shall procure public liability and property insurance covering its operation in and about said lot and premises in an amount to be set forth by separate resolution. The permittee shall file a certificate of such insurance with the city clerk and name the city as an additional insured.

(Ord. 1181 § 1, 1992)