Irvine Municipal Code Ch. 2-4 Agricultural Sales Permit

The agricultural sales permit procedure provides agricultural business operators a process to operate in the City of Irvine while establishing standards to safeguard the aesthetic quality and the health, safety, and welfare of the community. Uses which may operate with an agricultural sales permit include, but are not limited to: Christmas tree lots, pumpkin patches, fruit and vegetable stands located on land appropriately zoned, and other similar uses which may operate at limited times of the year or throughout the year on an annual basis, such as the general public picking fruit from orchards and plant nurseries (excluding wholesale-only plant nurseries which do not sell to the general public). These agricultural sales uses shall be permitted in all zoning districts, but the requirements of an agricultural sales permit apply to agricultural uses when the agricultural use makes available item(s) for sale to the general public.

(Ord. No. 97-19, § 3(V.E-201-2.1), 11-11-97)

A. No person or organization shall conduct, maintain, or advertise to the general public agricultural sales or permit its premises to be used for any agricultural sales to the general public without first obtaining an agricultural sales permit as provided in this section.

B. There are two categories of agricultural sales uses:

1. Seasonal agricultural sales uses (see Section 1-2-1 for definition).

2. Annual agricultural sales uses (see Section 1-2-1 for definition).

C. The effective dates and time limits for these uses may be found in Section 2-4-9.

(Ord. No. 97-19, § 3(V.E-201-2.2), 11-11-97)

A. An application for an agricultural sales permit shall be obtained from the Community Development Department. The applicant shall submit the application, including any appropriate plans, to the Community Development Department, along with any required building, electrical, plumbing and/or encroachment and/or grading permit applications. The agricultural sales permit application shall be filed not less than 10 days prior to the proposed opening of the seasonal use.

B. Permit application. The following information shall be submitted with the application for an agricultural sales permit:

1. The name, address, and telephone number of the applicant/organization and an alternative contact person.

2. The name, address, and telephone number of the person who will be present and in charge of the lot, patch or stand.

3. A detailed description of the proposed agricultural sales use.

a. Identify all general categories of items available for sale.

4. The proposed starting and ending date and estimated hours of operation of the agricultural sales use.

5. A site plan or drawing depicting the location of the agricultural sales use, including its boundaries, location of the structures, the parking area, ingress and egress, temporary sanitary facilities, lighting, etc.

6. A separate encroachment permit may be required if approved permanent access does not exist to the site.

7. The type and the number of structures, tents, etc., to be used on-site.

8. The text, size, shape, material, and location of signs to be placed on-site. See sign ordinance for requirements.

9. Permit exceptions. A manufactured structure permit is not required for seasonal or annual agricultural sales uses that propose manufactured structure(s) on-site during the period in which the agricultural sales permit is in effect. However, manufactured structures on-site shall conform to all current regulations of the California Building Standards Code, including Americans with Disabilities Act (ADA) accessibility standards.

10. Cleanup. The applicant shall submit a letter stating that, during the operation of the agricultural sales use and within 48 hours after the conclusion of the agricultural sales use, the applicant will clean and restore to its original condition the property and the public right-of-way fronting the property upon which the agricultural sales use is to occur.

(Ord. No. 97-19, § 3(V.E-201-2.3), 11-11-97; Ord. 10-04, § 3, 4-13-10; Ord. No. 11-08, § 3(Exh. A), 8-23-11)

A. Parking.

1. Christmas tree lots, pumpkin patches, and similar uses shall provide one space per 500 square feet of indoor and outdoor display area including customer walkways and pathways, plus one space per employee.

2. Fruit and vegetable stands and similar uses shall provide one space per 250 square feet of indoor and outdoor display area including customer walkways and pathways, plus one space per employee.

3. The maximum area on-site that may be considered inventory storage is 100 percent of the size in square feet of the display area for the use. The inventory storage area will not require additional parking.

4. All inventory storage areas shall be screened from the public right-of-way, so that the inventory is not visible.

5. Parking will not be required for the agricultural crops/orchards growing on-site.

6. All access shall be constructed consistent with City of Irvine standard plans and all parking areas shall be surfaced consistent with Section 4-4-3.A.

B. Business license. In addition, the applicant shall acquire a City of Irvine business license prior to operating the agricultural sales business.

C. Displays and products. All outdoor displays and products must relate to the primary operations of the agricultural sales business.

(Ord. No. 97-19, § 3(V.E-201-2.4), 11-11-97)

A. Within 10 business days following the receipt of the completed application, the Director of Community Development shall approve, conditionally approve or deny the agricultural sales permit, based upon the findings contained in Section 2-4-7.

B. The Director of Community Development may impose such terms, conditions and restrictions upon the operation or conduct of the agricultural sales use as may be deemed necessary or expedient to ensure that the findings in Section 2-4-7 can be made.

C. The Director of Community Development shall mail to the applicant, by certified mail, or the applicant may pick up notice as to whether the permit has been granted or denied. The notice shall inform the applicant of the right to appeal the decision of the Director of Community Development pursuant to Section 2-4-8 below. Additionally, if the Director of Community Development should deny the application, the notice shall specify those reasons why the permit has been denied.

D. The approved agricultural sales permit and all related business licenses must be posted on the premises in a conspicuous place.

(Ord. No. 97-19, § 3(V.E-201-2.5), 11-11-97)

A. The agricultural sales use complies with all the applicable development standards of the Irvine zoning ordinance.

B. Adequate traffic circulation, off-street parking, and pedestrian safety will be maintained during the operation of the agricultural sales use.

(Ord. No. 97-19, § 3(V.E-201-2.6), 11-11-97)

The decision of the Director of Community Development with respect to the seasonal use permit shall be final unless appealed. The decision by the Director of Community Development may be appealed to the Planning Commission and the Planning Commission's decision may further be appealed to the City Council. Please refer to Chapter 2-5 (Appeal Procedure) for the process for appeal.

(Ord. No. 97-19, § 3(V.E-201-2.7), 11-11-97)

A. Seasonal agricultural sales uses shall conform to the following:

1. Christmas tree lots may be approved and commence operation on November 1 for a period not to exceed 60 calendar days.

2. Pumpkin patches may be approved and commence operation on October 1 for a period not to exceed 31 days.

3. Fruit and vegetable stands may be approved and commence operation for a period not to exceed 120 days.

4. The Director of Community Development may adjust these time limits for purposes including, but not limited to, accommodating consecutive seasons (i.e., pumpkin patches and Christmas tree sales) up to a maximum of six months.

B. Annual agricultural sales uses shall commence on the day the original agricultural sales permit is issued and expire one year from the issuance date. The annual agricultural sales permit may be renewed annually as outlined in Section 2-4-11.

(Ord. No. 97-19, § 3(V.E-201-2.8), 11-11-97)

The applicant shall pay all required fees as determined by resolution of the City Council.

(Ord. No. 97-19, § 3(V.E-201-2.9), 11-11-97)

A. All agricultural sales permits shall be renewed annually.

B. The recipient of an approved agricultural sales permit from the previous year (same person/organization, same use, and at the same location) shall submit a written request to the Director of Community Development for a seasonal use permit renewal pursuant to the following criteria:

1. Complete a new agricultural sales permit application and attach a copy of the previous year's approved application.

2. The renewal fee, as determined by City Council resolution, shall be paid at the time of submittal.

3. The Director of Community Development shall have five business days to complete the review of the application.

4. Except as otherwise provided in this chapter, renewal applications shall be subject to the approval process contained in Section 2-4-5.

(Ord. No. 97-19, § 3(V.E-201-2.10), 11-11-97)

A. No permit issued under provisions of this chapter shall be transferable or movable to another location or another permittee.

B. Any agricultural sales permit issued pursuant to the provisions of this chapter may be revoked per Chapter 2-10 (Enforcement and Revocation Procedures).

(Ord. No. 97-19, § 3(V.E-201-2.11), 11-11-97)