Part 3.5

CERTIFIED FARMERS' MARKETS

Sections:

20.80.255 Small certified farmers' markets - Development permit exemption.

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2024-Supplement 1

ZONING

§ 20.80.270

• Permit required.

• 20.80.265 Residential zoning districts - Location requirements.

• 20.80.270 Operational requirements - General.

Terms that are defined or described by the provisions of Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code, and related regulations promulgated thereunder, as the same may be amended from time to time, are intended to have their same meaning under the provisions of this part, unless a different meaning is expressly set forth for that term in this Municipal Code. (Ord. 29122.)

• A. Notwithstanding the provisions of Part 16 of Chapter 20.80 of this title, no event permit or development permit shall be required for a certified farmers' market that meets all of the following criteria:

  1. Said certified farmers' market comprises fifteen or fewer certified producers or producers of agricultural products allowed to be sold or offered for sale at a certified farmers' market pursuant to state and local laws and regulations, as the same may be amended from time to time; and

  2. Said certified farmers' market does not occupy an area greater than ten thousand square feet; and

  3. Said certified farmers' market meets all of the requirements set forth in Sections 20.80.270 and 20.80.275 of this part.

• B. A certified farmers' market that meets all of the criteria set forth above in this Section 20.80.255 is referred to in this title as a "small certified farmers' market."

• C. In addition to the maximum of fifteen certified producers or producers of agricultural products allowed to be sold or offered for sale at a certified farmers' market as set forth in Section 20.80.255A.1. above, a small certified farmers' market may also include up to one vendor of nonagricultural products located near a small certified farmers' market, in the manner allowed by laws and regulations of the State of California and County of Santa Clara as the same may be amended from time to time, for every five certified producers or producers of agricultural products at the small certified farmers' market.

(Ord. 29122.)

Notwithstanding the provisions of Part 16 of Chapter 20.80 of this title, any certified farmers' market comprising sixteen or more certified producers or producers of agricultural products allowed to be sold or offered for sale at a certified farmers' market, or a certified farmers' market that does not meet the requirements described in Section 20.80.255 of this part, shall first obtain a special use permit pursuant to the provisions of Part 7 of Chapter 20.100 prior to the commencement of any operation of the certified farmers' market. (Ord. 29122.)

Certified farmers' markets, including small certified farmers' markets, located in residential zoning districts are allowed to operate only at school sites, library sites, community center sites, or church/ religious assembly sites. (Ord. 29122.)

• A. It shall be unlawful for any person or any certified farmers' market, including small cer-

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SAN JOSÉ CODE

§ 20.80.270

tified farmers' markets, to operate in a manner that does not fully comply with the provisions of this title, including without limitation the operational requirements set forth in this part.

• B. Each and every certified farmers' market, including small certified farmers' markets, and each and every certified producer, producer or other vendor at a certified farmers' market or small certified farmers' market shall fully and timely comply with all of the following operational requirements:

  1. All operations shall fully comply with all federal, state and local laws, regulations and guidelines including without limitation those applicable to the certified farmers' market operations, 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;

  2. All activities, and the duration of those activities, shall first have been approved and authorized by the owner of the real property on which those activities are planned to occur;

  3. Any and all permits or approvals from the building division or fire department of city for any tents or other temporary membranes shall have first been obtained prior to the commencement of use of such tents or temporary membranes;

  4. All certified farmers' markets, including small certified farmers' markets, and each certified producer or producer of agricultural products shall accept as a form of payment for eligible goods or products sold, or shall allow a legitimate and duly authorized third party to occupy space within the certified farmers' market area to operate a redemption program for, CalFresh electronic benefits transfers, as well as federal farmers' market nutrition

  • program coupons (both through the special supplemental nutrition program for women, infants and children as well as the seniors farmers' market nutrition program), all in a manner allowed by, and in conformance with, both federal and state laws and regulations, as those laws and regulations may be amended from time to time, and said legitimate and duly authorized third party redemption program operator who is not a certified producer, producer or vendor shall not constitute a certified producer, producer or vendor for purposes of Section 20.80.255A.1. and/or Section 20.80.255C. above; and

5. All certified farmers' markets, including small certified farmers' markets, and each certified producer, producer and/or other vendor shall completely remove all equipment, merchandise and other materials, including without limitation waste materials, from the site upon of the conclusion of their respective 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.

(Ord. 29122.)

In addition to the operational requirements set forth in Section 20.80.270, a small certified farmers' market, and each certified producer, producer of agricultural products, or other vendor at a small certified farmers' market, shall at all times conform to and comply with the following additional operational requirements and must so conform and comply in order to qualify as a small certified farmers' market:

• A. Shall not operate more than two days per calendar week at the same location;

• B. Shall neither operate, including any setup or breakdown activities, more than six hours per day nor between the hours of 9:00 p.m. and 7:00 a.m.;

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ZONING

§ 20.80.290

• C. Shall operate only on paved surfaces and not on landscaped areas nor adversely impact any landscaping or landscaped areas;

• D. Shall not offer for sale or otherwise distribute any alcoholic beverage;

• E. Shall not use amplified sound for any purpose;

• F. Shall operate as a physically cohesive collection of vendors on a site, excepting only those limited physical separations as may be required by state or local law for vendors of non-agricultural products located near a certified farmers' market;

• G. Shall not obstruct the safe flow of vehicular or pedestrian traffic on or around the site;

• H. Shall have secured with the property owner of the site on which the certified farmers' market plans to operate, and prior to the commencement of any operation of the certified farmers' market, 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:

  1. Refuse disposal and sufficient trash and recycling receptacles within the area of the certified farmers' market;

  2. Litter removal within and within three hundred feet of the boundaries of the certified farmers' market; and

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

• (Ord. 29122.)

• A. It shall be unlawful for any person to allow, in a direct, indirect or passive manner, a small certified farmers' market to operate at particular site for more than two days per calendar week.

• B. It shall be unlawful for any person to operate, or to allow in a direct, indirect or passive manner the operation of, a small certified farmers' market on a vacant parcel or lot. Every small certified farmers' market must operate only on a site with an existing fixed-base host in operation on the site.

• (Ord. 29122.)