§ 19.110

The purpose of this Chapter is to permit and establish the regulations for farmers market uses, defined herein, which may, by their nature, require an increased level of regulation to ensure that such uses do not become a detriment to the health, safety and public welfare of the community of Twentynine Palms.

The requirements of this Chapter shall apply to all farmers market uses.

A.

Permit Required. No farmers market use shall be permitted, engaged in or commenced unless first obtaining a permit as follows:

1.

Temporary Use Permit. Farmers market uses of four events or less, not exceeding 28 days total (for any location, regardless of operator), and not exceeding seven consecutive calendar days of consecutive operation in any calendar year, shall require approval of a Temporary Use Permit in accordance with Chapter 19.34 (Temporary Use Permit and Standards).

2.

Conditional Use Permit. Farmers market uses of more than four events, not exceeding 120 days total (for any location, regardless of operator), in any calendar year shall require approval of a Conditional Use Permit in accordance with Chapter 19.42 (Conditional Use Permit).

B.

Business License Required. A valid Business License shall be required for the principal operator of any approved farmers market use and for each vendor within/at a farmers market use.

Failure to comply and/or conform with the following standards shall constitute a violation of the City's Municipal Code and shall be grounds to revoke an approved permit for a farmers market use.

A.

Locational Standard. A property used as a farmers market use shall be separated from any other property used for the same purpose by a minimum of 1 mile. A lesser separation distance may be allowed through the Conditional Use Permit process if sufficient evidence has been provided that illustrates that, due to the unique character of the property or properties requesting approval or due to the unique hours/days of operation of activities being considered under the permit, a lesser distance is appropriate.

B.

Noticing. All property owners within 300 feet of the exterior perimeter of the property whereupon the farmers market use will be located shall be notified.

C.

Structural and Design Features.

1.

Each structure used in association with a farmers market shall conform to all Fire Department standards and criteria.

2.

Access for the physically handicapped shall be provided per the requirements of the Americans with Disabilities Act (ADA) and Title 24 of the California Code of Regulations.

3.

Alterations and modifications made to any structure(s) and to the site used for a farmers market use shall be consistent and compatible with, and complementary to, the character of the surrounding neighborhood as determined by the Planning Commission. Alterations and modifications made to any on-site structure shall comply with all applicable provisions, requirements and standards of the City's Municipal Code and all applicable Uniform Codes and Fire Codes/Regulations.

The appearance of any structure(s) on-site shall not be altered nor occupied in a manner which would cause the premises to differ from its original character either by the use of colors, materials, construction, lighting or signs, or the emission of sounds, noises and vibrations.

5.

Any lights used to illuminate a site used for a farmers market purpose shall be designed so as to reflect away from adjoining properties and all public rights-of-ways, and shall comply with Chapter 19.78 (Lighting Standards).

6.

All merchandise displayed or made available shall not be placed in a manner so as to become a visual distraction to motorists or pedestrians using the adjoining public right-of-way, or interfere with traffic signals or controls.

D.

Operational Standards.

1.

Hours of Operation. The specific days and hours of operation of any farmers market use shall be identified and specifically considered/approved by the approving authority in its review of the required permit.

2.

A farmers market use may include, with Planning Commission approval, live or recorded music, street performers and/or other forms of live entertainment. Traditional "kiddie rides," such as inflatable or mechanical rides/devices (merry-go-rounds and the like) or animal rides, are expressly prohibited.

3.

Farmers market uses may be conducted either indoor or outdoor, or both.

4.

All merchandise (including arts and crafts, flowers, and prepared and raw food items) displayed or made available shall consist of new items, collectables and/or antiques (as defined herein) and new handmade crafts. No second-hand or previously used items (except antiques and collectables) shall be displayed or allowed for sale. No items shall be displayed upon the ground, except those items which, by their nature, are too large or too heavy to be placed upon a display table. An antique is defined as any handmade or manufactured product, such as an automobile, a work of art, piece of furniture, jewelry, clothing or decorative object, of at least 50 years of age or which is indicative of a specific period of craftsmanship and design. Further, a collectible is any mass-produced product, no longer manufactured and of limited availability, such as coins, books, stamps, clothing, bric-a-brac, curios or similar objects, regardless of its age, which represents an earlier period, style or fad, and which, when originally produced, carried an inexpensive retail price but has taken on an intrinsic value greater than that original value and which continues to appreciate with time.

5.

The sale, display or complementary exchange (free giveaway) of domestic animals (including dogs, cats, birds, fish, rabbits, chickens, and ducks) or livestock of any type is expressly prohibited. Further, domestic animals (except service animals) or livestock shall not accompany their human hosts, or be allowed to freely roam, at any site approved for a farmers market during such events.

6.

Public address systems shall not be used after 9:00 p.m. Sunday through Thursday and 10:00 p.m. on Friday and Saturday. Noise levels from the public address system shall not exceed 65 dBA at the property lines.

E.

Records and Performance Deposit.

1.

Records of all vendors who participate in any approved farmers market shall be preserved for a minimum period of three years before such records are discarded. Such records shall be made available to the City within five working days upon written request from the City. Failure to preserve vendor records or failure to present vendor records when requested by the City shall be grounds to revoke the approved permit.

2.

A deposit of $1,000 shall be maintained and remain with the City Finance Department during the life of the approved farmers market use. The City shall have the right to withdraw sufficient funds from this deposit to reimburse the City for direct costs and/or expenses incurred by the City for activities that can be identified as being under the control of the event organizer regarding the approved farmers market. Additionally, sufficient funds may be withdrawn from this deposit to reimburse the City for expenditures incurred to abate the cleanup of trash, debris or associated materials removed from the premises where a farmers market takes place that can be demonstrated to have occurred due to the approved event pursuant to the proceeding described in Chapter 19.146 (Nuisance Abatement). Use of this deposit shall be at the discretion of the Finance Director in consultation with the City Manager. Any such decision may be appealed to the City Council for final determination.

F.

Parking, Access and Driveways.

1.

The property owner and/or operator of each farmers market shall ensure that all required accesses, driveways and parking spaces for such activity remain clear and unobstructed, and are available and ready for their intended use at all times.

At a minimum, the parking requirements established in Chapter 19.82 (Off-Street Parking and Loading) shall apply, with parking provided at a ratio of one parking stall per vendor plus one parking stall per 1,000 square feet of area encompassing all vendor booths and display areas. With the exception of handicap parking stalls and access to such stalls, which shall be paved, parking areas may be paved or unpaved as approved by the approving authority. For nonpaved areas, private property or otherwise, provided and/or used for any farmers market use, dust control measures shall be submitted to and approved by the approving authority.

3.

Parking of commercial vehicle(s) anywhere on a site approved for a farmers market use, except temporarily for durations of less than four hours when actively being loaded or unloaded, shall be prohibited, except that longer-term use of a limited number of commercial vehicles may be approved under a Conditional Use Permit.

4.

Additional parking spaces may be required when deemed necessary by the approval authority.

5.

The operator of any approved farmers market use shall ensure that a sufficient number of adequately trained staff are available at each event to properly maintain traffic circulation and control at all times.

G.

Miscellaneous Conditions.

1.

All pedestrian and vehicular traffic shall be arranged and directed in a manner that ensures the safety of all individuals visiting or participating in the farmers market use.

2.

The farmers market use shall not involve the use of commercial vehicles for the display or delivery of materials to or from the premises beyond those commercial vehicles needed by the vendors for the delivery of their approved merchandise for sale.

3.

The use of utilities and community facilities shall be limited to that normally associated with the property's use, except as specifically approved by the approving authority under the applicable permit.

4.

No signage of any type or nature shall be placed upon the site, or within the surrounding area, to identify the property as a farmers market use except as specifically approved by the approving authority under the applicable permit and shall comply with the provisions of Chapter 19.88 (Signs).

19.110.050 - Maintenance and Cleaning of Premises

1.

The property owner and/or farmers market use organizer shall keep or cause to be kept the property utilized for the farmers market use in a neat, clean and orderly manner at all times. The property owner and/or farmers market use organizer shall provide the Community Development Department with written permission that specifies that following the expiration of a written notice from the City to return the farmers market use property to its required neat, clean and orderly manner under the provisions and requirements of this Development Code and the Conditions of Approval of the approved permit, that the City shall have the right to enter and clean, or cause to be cleaned, said property and the cost of such cleaning shall be the responsibility of the property owner and/or farmers market use organizer.

2.

All landscaping on-site shall be maintained in a neat, clean, weed- and disease-free manner at all times. Where a property is not maintained as specified herein, the property owner shall be required to restore the property and/or landscaping to its required neat, clean, weed- and disease-free manner under the provisions and requirements of this Chapter and Development Code Chapter 19.146 (Nuisance Abatement).

3.

In accepting the right to operate a farmers market use as approved, if the property owner and/or farmers market use organizer fails to restore the property and/or landscaping to its required neat, clean and orderly manner, the property owner and/or farmers market use organizer with acceptance of the approved permit declares and provides an express permission and consent to the City, or agents acting on its behalf, to enter the property to restore the property and/or landscaping to its required neat, clean and orderly manner as prescribed in Development Code Chapter 19.146 (Nuisance Abatement). All costs of said restoration shall first be withdrawn from the deposit required in Subsection 19.110.040.E(2) and where the funds in this deposit are insufficient to cover the actual costs of the restoration, a lien shall be placed against the property for the remaining balance.

Each year on or before the anniversary date of the approval of the permit for the farmers market use, the owner(s) shall provide proof to the Community Development Department of an annual safety inspection from the Fire Department. Further, each year on or before the anniversary date of the approval of the permit for the farmers market, the owner(s) shall request, and pay any applicable fee, for an inspection from the City's Building & Safety Division.

A farmers market shall not be approved for any applicant (whether individual, company or corporation), or at a location where the property owner, a tenant or lessee, has either of the following:

A.

Any combination of two or more outstanding citations of the City's Municipal Code, or adjudicated citations found in favor of the City by a court of competent jurisdiction, issued within the 24 months preceding the submission date listed upon the permit application and directly or indirectly related to, or similar to, any property, event, activity or use for which the farmers market use application is proposed; or

B.

A Municipal Code violation(s) being processed by the City or pending before a Court of competent jurisdiction and directly or indirectly related to, or similar to, any property, event, activity or use for which the farmers market application is proposed.

The approval authority may revoke or void any permit for a farmers market use for noncompliance with the conditions set forth in this Chapter and/or under the approved permit in conformance to the procedures established in Section 19.28.160 (Revocation or Modification), and shall give notice of such action to the permittee. In lieu of revocation, the approval authority, at its sole discretion, may suspend the right to use a property as a farmers market use for 3, 6 or 12 months, based upon the severity of the violations proven at an advertised revocation hearing in conformance with Section 19.28.160 (Revocation or Modification).

Chapter 19.112 - Commercial Vehicle Parking