The purpose of these regulations is to provide workable, clearly
stated land use regulations that allow farmers in Stanislaus County
to market their produce directly to local consumers, travelers and
tourists.
These regulations are intended to encourage the sale of farm
produce and related goods that promote the sale of locally grown agricultural
produce. However, these regulations are not intended to encourage
the proliferation of traditional retail stores or convenience markets
in agricultural districts of the County.
(Ord. CS 591 §3, 1995; Ord. CS 962 §1, 2006)
A. "Produce
stand" means structures and/or areas up to one thousand six hundred
square feet in size, including any outside display area, that are
accessory to on-site agricultural operations and are used to sell
only raw, unprocessed fruits, vegetables, nuts and other agricultural
produce in their raw or natural state.
B. "Produce
market" means structures and/or areas up to three thousand five hundred
square feet in size, including any outside display area, that are
accessory to on-site agricultural operations and are primarily used
to sell raw, unprocessed fruits, vegetables, nuts and other agricultural
produce in their raw or natural state. Produce markets also may be
used for limited sales of processed foods and non-food items.
C. "Retail
food law" for purposes of this chapter, means any chapter of any California
Code regulating health and sanitation standards for retail food facilities.
Retail food law shall be administered and enforced by the Stanislaus
County department of environmental resources (DER), unless another
agency is specifically identified by law.
(Ord. CS 591 §3, 1995; Ord. CS 890 §2, 2004; Ord. CS 962 §2, 2006)
The following general standards shall apply to all produce stands
and produce markets regulated by this chapter:
1. One
produce stand or one produce market per parcel is allowed, subject
to approval as set forth in this chapter. Applications submitted for
review shall be on a form provided by the planning department and
shall be subject to fees established by the board of supervisors.
2. A produce
stand or produce market shall be allowed only if:
a. It
is located within the A-2 (general agriculture) zoning district;
b. It
is accessory to agricultural production on the same parcel;
c. At
least twenty-five percent of the area of the parcel is devoted to
agricultural production; and
d. The
entire parcel is owned or leased by the produce stand/market proprietor.
3. The produce stand, produce market and parking shall be set back from any public right-of-way in compliance with Section
21.20.070 of the A-2 zoning regulations. This yard or setback area shall be kept clear to provide unobstructed visibility for motorists.
4. There
shall be safe ingress and egress from the site as determined under
review by the Stanislaus County public works department.
5. Produce
stands and produce markets may have a maximum of six double-faced
free- standing signs and one attached sign, not to exceed twenty square
feet on each face. No illuminated signs or off-site signs shall be
allowed without specific approval of the planning commission. All
signs shall be located outside public rights-of-way.
6. A building
permit issued by the Stanislaus County building inspections division
shall be required for all structures larger than one hundred twenty
square feet or as required by Uniform Building Code.
7. The
point of origin of each commodity sold at the produce stand or produce
market, including the name of the farm and county where it was grown,
shall be prominently displayed using legible lettering.
8. Produce
stands and produce markets also may be subject to the laws and regulations
administered by other Stanislaus County departments including the
building inspections division, department of environmental resources,
public works department, and agricultural commissioner's office, as
well as the requirements of other applicable agencies such as the
California Department of Transportation (CALTRANS) and the California
Department of Food and Agriculture (CDFA).
9. No
agricultural produce may be sold from a motorized vehicle.
10. Permits
granted in accordance with this chapter may include additional conditions
regarding the construction, size, and use of the structure and/or
operation.
11. Driveway
locations shall be approved by the appropriate jurisdiction. Access
controls and driveway approaches may be required as needed to insure
safety.
(Ord. CS 591 §3, 1995; Ord. CS 890 §§3, 4, 2004; Ord. CS 962 §3, 2006)
Produce stands are permitted subject to approval of a staff
approval permit and subject to the following standards and requirements:
1. One off-street parking space shall be provided for each three hundred square feet of gross floor area or a minimum of three parking spaces, whichever is greater. Each parking space shall be at least ten feet by twenty feet in size and shall not encroach upon any public rights-of-way or create a traffic hazard. Parking spaces for produce stands are specifically exempt from the standards established by the Stanislaus County public works department as referenced in Section
21.76.220 and need not be paved, striped or otherwise improved.
2. A produce
stand may sell only raw, unprocessed fruits, vegetables, nuts, and
other agricultural produce in their raw or natural state produced
on land that the produce stand proprietor controls. No other commodities
may be sold from a produce stand.
3. Produce
stands not used for a period of three consecutive years shall be removed
from the premises at the landowner's expense or used in accordance
with the regulations for the district in which it is located.
4. Cold
storage shall be allowed when accessory to the on-site farming operation
and used only for storage of crops grown by the person(s) farming
the parcel. Cold storage shall not be included as part of the allowable
produce stand size.
(Ord. CS 591 §3, 1995; Ord. CS 890 §5, 2004; Ord. CS 962 §4, 2006)
Produce markets are permitted subject to approval of a use permit
and subject to the following standards and requirements:
1. One
off-street parking space shall be provided for each three hundred
square feet of gross floor area, with a minimum of at least three
parking spaces. Parking spaces shall comply with the standards and
specifications established by the Stanislaus County public works department,
including pavement and stripping, and shall not encroach upon any
public rights-of-way or create a traffic hazard.
2. A produce
market shall be used to sell primarily raw, unprocessed fruits, vegetables,
nuts and other agricultural produce in their raw or natural state.
3. Up
to twenty-five percent of the display area may be used for the display
of pre-packaged, processed, non-potentially hazardous foods such as
dried fruit, roasted and salted nuts, jams and jellies, and fruit
pies. All processed foods are subject to any applicable retail food
law and must be obtained from approved sources.
4. Up
to five percent of the display area may be used for sales of taxable
items such as snack foods, craft items and promotional non-food items
that advance the sale of agricultural products or educate the public
about the agricultural industry.
5. Except as provided in paragraph four of Section
21.90.050, no taxable items, including but not limited to petroleum products, alcoholic beverages, tobacco or magazines, may be sold or dispensed at produce markets.
6. Cold
storage accessory to a produce market shall be located within or attached
to the main structure. Cold storage shall be used only to store raw
produce products and bottled water.
(Ord. CS 591 §3, 1995; Ord. CS 890 §§6—8, 2004; Ord. 962 CS §5, 2006)