Article 1 — (RESERVED)

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City of Oakley, CA

BUSINESS REGULATIONS

§ 5.5.202

§ 5.5.208

Article 2

OUTDOOR SALES FROM UNENCLOSED STRUCTURES

The purpose of this chapter is to regulate the sale of prepared food, fresh cut flowers or plants, agricultural products, artwork, crafts, goods, wares, merchandise, things or articles of value, seasonal sales events, or any other use determined by the Community Development Director to be a similar type of retail operation. The following regulations shall apply to the operation of outdoor vending facilities when the operations of outdoor vendors are allowed by the Zoning Ordinance in the applicable zone.

(Ord. 01-19, 1/8/2019)

"Outdoor vending facilities" means the sale of prepared food, fresh cut flowers or plants, agricultural products, artwork, crafts, wares, merchandise, things, or articles of value, or the sale of items determined by the Community Development Director to be a similar type of retail operation, from a stand, motorized vehicle, nonmotorized stationary or nonstationary cart or pushcart, or any type of sales not within an enclosed building. Vending facilities located within enclosed retail buildings, shopping centers, malls, office buildings and industrial buildings are exempt from the regulations and requirements of this chapter. Sidewalk vendors are excluded from the definition of outdoor vending facilities. (Ord. 01-19, 1/8/2019)

• a. Subject to the Community Development Director’s approval of outdoor vending permit, the operation of an outdoor vending facility may be permitted in the following locations:

  • 1. An outdoor vending facility may be permitted on a specified portion of private property having a commercial or industrial general plan land use designation, or zoned for uses consistent therewith.
  • 2. Additionally, an outdoor vending facility may be permitted on a specified portion of private property having a general plan land use designation or zoning that allows agricultural uses if a) the agricultural goods sold are grown on the property on which the facility is located, or b) the vendor operating the facility owns or operates an active agricultural enterprise on another property in the City.

• b. An outdoor vending permit shall be required for the operation of all outdoor vending facilities.

• (Ord. 01-19, 1/8/2019)

• a. The initial term of an outdoor vending permit shall be for up to three months from the date of approval. The Community Development Director may issue an unlimited number of three-month extensions, upon a determination that the findings required in Section 5.5.210 are still applicable and that all information required by this section is current.

• b. An applicant for an outdoor vending permit shall be required to submit the following

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City of Oakley, CA § 5.5.208

OAKLEY CODE

§ 5.5.212

documentation:

• 1. An outdoor vending permit application provided by the Oakley Community Development Department;
• 2. A valid business license issued by the City of Oakley or on its behalf;
• 3. A signed sworn statement that the applicant is the owner of the property on which the facility will operate, or a signed statement of the owner granting the applicant permission to use a portion of the property for the proposed use;
• 4. If the applicant has, in the twelve (12) months that preceded the application, conducted a retail sales operation subject to the collection and remittance of sales tax, evidence that the applicant collected and remitted to the California Franchise Tax Board the applicable sales tax. For permit renewals, the applicant must submit evidence of collecting and remitting the applicable sales tax for the period in which the applicant operated the facility in the City; and
• 5. Evidence of any insurance required by the Community Development Director pursuant to this article.

• (Ord. 01-19, 1/8/2019)

The approval or conditional approval of an outdoor vending facility shall be based on a finding by the Director that the establishment, maintenance or operation of the use and facility will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighbor-hood, or to the general welfare of the City, based on the materials submitted as part of the application and the Director’s independent review and investigation.

(Ord. 01-19, 1/8/2019)

An application for and the operation of an outdoor vending facility shall conform to the following development standards and be subject to the following conditions of approval of the Community Development Director, based on the application materials and independent investigation of the application:

• a. Except when operated on property lawfully used for agricultural purposes, the facility shall be located on improved private property. For the purposes of this section "improved private property" shall be defined as a property that has a paved legal access and adequate hardscaping to accommodate an outdoor vending facility.

• b. The Community Development Director shall determine the distance of a proposed facility to other outdoor vending facilities and fully enclosed retail businesses engaged in similar commercial activity. The Community Development Director shall ensure that an overconcentration of outdoor vending facilities does not result in the discouragement of permanent enclosed retail businesses in the area of the City in which an applicant proposes to locate a facility. The Director shall additionally ensure that the proximity of a proposed facility to a fully enclosed retail business engaged in similar commercial activity does not

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City of Oakley, CA

BUSINESS REGULATIONS

§ 5.5.212

§ 5.5.212

harm the economic viability of the enclosed retail business. In making both of those determinations, the Director shall consider the general plan designation of the property on which the applicant proposes to operate the facility, the applicable zoning, the proximity of the property to other zoning districts, and the type of vending proposed.

• c. The Community Development Director shall determine appropriate distance of a proposed outdoor vending facility from any fire hydrant and all driveways that access the property. In addition to other considerations, the Director shall base his/her decision, in part, on information from the Police and Fire Departments, as well as from the City Engineer.

• d. An outdoor vending facility shall not occupy required off-street parking spaces, required landscape areas, or within any required landscaping setback adjacent to a public street.

• e. An outdoor vending facility shall not exceed more than two hundred (200) square feet in area.

• f. If located on a property at an intersection, the facility shall be located outside of a thirty (30) foot by thirty (30) foot commercial clear vision triangle.

• g. An outdoor facility shall include trash receptacle(s) and such receptacles shall be maintained, by the vendor, so as not to create an offending odor or visual nuisance. The area on which the open air vending facility is located shall be kept free of debris.

• h. An outdoor vending facility shall not reflect undesirable light and glare from the designated premises.

• i. An outdoor vending facility shall not use, play or employ any sound, outcry, amplifier, loudspeaker, radio or any other instrument or device for the production of sound in connection with the promotion of the operation.

• j. An outdoor vending facility shall not be greater than ten (10) feet in height.

• k. An outdoor vending facility may not display more than two signs on the identified property. The signs may not exceed twelve (12) square feet each and shall be attached to the stand, cart, table, or other impermanent facilities used for vending.

• l. Sales shall be from the approved open air vending facility and not from additional accessory stands, tables, chairs, or other devices other than those permitted as indicated on the application.

• m. An outdoor vending facility shall be located on a generally level portion of the site and an adequate breaking system be provided for, as necessary.

• n. The use shall not be closer than fifteen (15) feet from the outer edge of any entrance to any building.

• o. Storage and handling of food shall comply with all applicable County and State requirements.

• p. The Community Development Director, in consultation with the Director of Public Works, may require, as a condition of permit renewal, frontage roadway improvements and landscaping for any outdoor vending facility that operates continuously or intermittently from the same location for more than ninety (90) days in a twelve (12) month period, if the improvements are determined to be necessary to protect the health, safety, and welfare of

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City of Oakley, CA § 5.5.212

OAKLEY CODE

§ 5.5.216

the City.

• q. The operator of an outdoor vending facility must maintain a current daily inventory control sheet at the facility while engaging in the permitted vending and must present it on demand to any City of Oakley employee who requests to see it for the purpose of determining compliance with the conditions of permit approval. A facility’s inventory is subject to search by City of Oakley employees to determine that the inventory control sheet is accurate. If a facility operator refuses to produce an inventory control sheet, or if a facility operator’s inventory control sheet is not accurate, the facility’s outdoor vending permit shall be immediately suspended, pending a showing by the facility operator of the manner in which he/she will correct inventory control problems in the future. The Community Development Director shall determine whether the proposed corrective plan is adequate. The operator of the facility shall conduct no outdoor sales while the permit is suspended.

• (Ord. 01-19, 1/8/2019)

• a. A permit shall be required to operate an outdoor vending facility on City property for seasonal events, other recreational athletic league games, and other similar time-limited activities that occur annually but that are not continuous throughout the year. The Community Development Director may issue an outdoor vending permit for the full term of the event, if longer than the standard fifteen (15) and ninety (90) day term of such a permit. The Director shall require evidence of any additional permits required for the proposed type of sales, including but not limited to a valid approved license to sell alcoholic beverages. The Director may waive any of the standards and conditions set forth in Section 5.5.212 that do not apply to the location of the seasonal event.

• b. A permit shall be required to operate an outdoor vending facility for the sale of goods related to a holiday or season, including but not limited to such facilities as "pumpkin patches" related to Halloween, Thanksgiving, and Christmas tree lots, regardless of whether the facility is associated with a fully enclosed business located on the same property.

• c. Notwithstanding in this article, the Community Development Director shall approve an outdoor vending permit for the sale of flowers during the calendar week up to and including any holiday, including but not limited to St. Valentine’s Day, Mothers’ Day, and Easter Sunday, only if the proposed facility is associated with a fully enclosed business located on the same property.

• (Ord. 01-19, 1/8/2019)

The Community Development Director may revoke or deny an outdoor vending permit for any of the following causes:

• a. Fraud, misrepresentation, or any false statement made in furnishing the information required by this article;

• b. Any violation of this article;

• c. Conviction of the permit holder of any felony or crime involving fraud, tax evasion, or moral turpitude;

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City of Oakley, CA

BUSINESS REGULATIONS

§ 5.5.216

§ 5.5.218

• d. Conducting the vending in an unlawful manner or in such manner as to constitute a nuisance or breach of the peace or to be a menace to the health, safety or general welfare of the people of the City.

• (Ord. 01-19, 1/8/2019)

Appeal of the decision of the Community Development Director may be made in accordance with the procedures specified in Chapter 1.8.

(Ord. 01-19, 1/8/2019)

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City of Oakley, CA

BUSINESS REGULATIONS

§ 5.5.302

§ 5.5.304