Part 9.8

CULTIVATION, PROCESSING, MANUFACTURE, DISTRIBUTION, TESTING, AND SALE OF NONMEDICAL MARIJUANA

Sections:

The purpose of this Part is to confirm that:

• A. The cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana, including marijuana products, is a prohibited land use in all zoning districts in the City of San José. Nonmedical marijuana is any marijuana or marijuana product, as defined in Division 10 of the California Health and

Safety Code, which is not regulated by the City under Chapter 6.88 of Title 6 of this Code.

• B. Notwithstanding, Subsection A., if Proposition 64 (also known as the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA") passes at the November 8, 2016 statewide general election, not more than six (6) living marijuana plants may be planted, cultivated, harvested, dried, or processed by a person over the age of twenty one (21) inside a private residence, or inside an accessory building to a private residence that is fully enclosed and secure and located upon the grounds of the private residence, as an incidental use to the primary private residential use, provided that marijuana in excess of 28.5 grams produced by plants kept for indoor personal cultivation under this Part must be stored in a locked space on the grounds of the private residence not visible from the public right-of-way. Any personal cultivation under this Part shall comply with all requirements of this Code, including without limitation, Chapter 17.12 of this Code and Title 24 of this Code.

• (Ord. 29813.)

• A. Subsection B. of Section 20.80.780 of this Chapter shall automatically sunset and have no force or effect in the event AUMA fails to pass at the November 8, 2016 statewide general election.

• B. In the event AUMA fails to pass at the November 8, 2016 statewide general election, the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana, including marijuana products, whether indoors or outdoors, shall continue to be prohibited in all zoning districts of the City of San José.

(Ord. 29813.)

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§ 20.80.820

Part 10

OUTDOOR VENDING FACILITIES

Sections:

• 20.80.820 Exception - Administrative permit.

• 20.80.830 Restriction on type of vending.

• 20.80.840 Fixed-base host required.

• 20.80.850 Minimum standards for vending facilities.

This part regulates vending facilities established on private properties, typically in parking lots or on private pedestrian walkways. Such uses may, when properly integrated with surrounding uses, become a valued component of the urban environment. The specific purposes of this part are to safeguard the urban environment by permitting such uses in a manner consistent with safe and efficient circulation of pedestrian and vehicles and by protecting the integrity and character of the surrounding neighborhood, properties and uses. (Ord. 26248.)

• A. No person shall place or operate or allow or suffer the placement or operation of any stationary vending facility which serves members of the public outdoors on any privately owned parcel or lot except in compliance with an administrative permit issued pursuant to this title. The application for such administrative permit may be filed by the operator of the vending facility and shall be countersigned by the owner of the subject lot or parcel, or by the authorized agent of the owner, pursuant to the requirements of Chapter 20.100.

• B. A stationary vending facility is a vending facility which remains or operates on any single parcel or lot for more than a total of two hours in any twenty-four-hour period.

• C. An administrative permit is required for each individual stationary vending facility.

• (Ords. 26248, 29254, 29678.)

• 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

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§ 20.80.820

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 10:00 p.m. and 7:00 a.m. During hours in which the fixedbase 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 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.

12. 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 curblines.

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

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

15. 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.

16. 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 opera-

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§ 20.80.830

tional wheels in place at all times. Vending facilities shall not connect to temporary or permanent on-site water, gas, electricity, telephone or cable sources.

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

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

19. 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.

20. 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.

21. 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.

22. 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, 30857.)

An outdoor vending facility shall be used only for purposes that are permitted in a fixed-base use in the district in which the vending facility is located.

(Ord. 26248.)

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§ 20.80.840

Vending facilities shall not be permitted on vacant parcels or lots. Each vending facility shall be located on the same site as, and shall share support facilities, including parking, sanitary and trash disposal facilities, with a fixed-base host. (Ord. 26248.)

appeal, in granting an administrative permit for a vending facility. The director or planning commission may impose stricter standards as an exercise of discretion, upon a finding that stricter standards are reasonably necessary in order to implement the general intent of this part and the purposes of this title. The standards for vending facilities are set forth in Table 20-170:

The following standards shall be applied by the director, or by the planning commission on

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§ 20.80.880

(Ords. 26248, 30857.)

Detached displays of food, beverage, goods, wares, and merchandise and displays of such articles visible off-site shall not be allowed. (Ord. 26248.)

preclude the incidental illumination of such signs by service lighting needed in the conduct of nighttime operations.

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

(Ords. 26248, 30857.)

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

1. Free-standing signs shall not be allowed.

2. Signage shall be mounted or attached to the exterior surface of the vending facility and shall not extend beyond the top, bottom, or side lines of the exterior surface to which it is attached. Signage mounted or attached to the vending facility does not require a separate Sign Permit. Vending facility signage shall be approved with the Administrative Permit approving the vending facility.

3. 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.

4. No sign shall be illuminated, directly or indirectly; but this restriction does not

• A. The administrative permit shall be granted only if the director makes the following findings:

  1. The vending facility, as designed and at the location requested, will not create a potentially adverse impact on pedestrian or vehicular safety or interfere with or in any way impede on-site traffic circulation; and

  2. The location of a proposed vending facility is not in such close proximity to another such facility or facilities as to create or contribute to vehicle traffic congestion of the area which can result from compaction of such facilities; and

  3. The proposed vending facility will not impair the landscaping required for any concurrent use by this title or any permit issued pursuant thereto; and

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§ 20.80.880

4. The proposed vending facility location must be in conformance with the relevant Airport Comprehensive Land Use Plan, where applicable.

• B. The director shall deny the application where the information submitted by the applicant and/or presented at the public hearing fails to satisfactorily substantiate such findings.

• (Ords. 26248, 30857.)

All outdoor vending facilities must comply with the following conditions:

• A. Vending facilities coming within the definition of "mobile food preparation unit," "vehicle," or "temporary food facility," as set forth in the Health and Safety Code of the State of California, Division 22, Chapter 4, Article 2, Sections 27526, 27538, and 27540, or their successor, shall, as a condition of approval for issuance of an Administrative Permit for outdoor vending facility, display at all times a current health permit issued to the vendor for the vending facility by the health officer of the County of Santa Clara.

• B. As a condition of approval of an administrative permit for a vending facility, the operator of such facility shall provide to the director of planning an agreement signed by the owner of the lot or parcel, or the owner or operator of the fixed base use, if different from the owner of the lot or parcel, to provide the support facilities required by this part.

• C. A vendor shall attend the vending facility at all times.

• D. The vendor shall maintain the area around the vending facility in a clean and orderly fashion.

• E. The vending facility shall be maintained in a manner which 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 the grant of the administrative permit.

• F. Vending facilities shall be kept in a good state of repair and shall be maintained with surfaces which are clean and not cracked, peeling, or faded.

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

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

  2. The administrative permit number and date of issuance issued to the vending facility; and

  3. The city business tax registration number issued to the vending facility.

• H. 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, no vending facility shall operate during the hours from 10:00 p.m. through 6:00 a.m. During hours in which the fixed-base host site businesses are closed, the vending facility shall be removed from the parcel or lot on which it operates, or shall be stored indoors.

(Ords. 26248, 26455, 30857.)