Agenda - Monday, August 12, 2019Any writing or documents provided
to a majority of the Planning Commission regarding any item on this
agenda will be made available for public inspection at City Hall
located at 147 Fourth Street, Gonzales, California, during normal
business hours.
Page 1 of 2
GONZALES PLANNING COMMISSION
GONZALES, CA 93926
1. ROLL CALL- Planning Commission
Chairperson Jose Rios, Chair Pro Tem Gloria Velasquez, Commissioner
Cesar Ayon,
Commissioner Tim Jackson, Commissioner Jonathan Bohorquez
BUSINESS FROM THE PUBLIC
2. Business from the Public not on the Agenda; any member of the
Public may address the
Commission for a period not to exceed three minutes on any subject
not on the Agenda. The
Commission will listen to all communications but may take no
action.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered routine
by the Planning Commission and will be adopted by one action
of
the Commission unless any Commission Member has a question or
wishes to make a statement or discuss an item. In that event,
the
Chairperson will remove the item from the Consent Calendar for
separate consideration.
3. Consider Approval of the March 11, 2019 Planning Commission
Meeting Minutes
REGULAR AGENDA
4. Proposed Revisions to Title 12 (Zoning Regulations) and Title 4
(Business and License
Regulations) of the Gonzales Municipal Code
a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
BUSINESS FROM PLANNING COMMISSION
6. Oral Communications
Any writing or documents provided to a majority of the Planning
Commission regarding any item on this agenda will be made available
for public inspection at City Hall located at 147 Fourth Street,
Gonzales, California, during normal business hours.
Page 2 of 2
ADJOURNMENT
In compliance with the American Disabilities Act, if you need
special assistance to participate in this meeting,
please contact the City Clerk at (831) 675-5000. Notification 48
hours prior to the meeting will enable the City to
make reasonable arrangements to ensure accessibility to this
meeting. (CFR 35.102-35.104 ADA Title II). This is a
public meeting and as such, can be seen live by people present or
online and is being recorded; therefore; anything
you say or do here is public information. The recordings are
available online.
Page 1 of 3
CALL TO ORDER
The meeting was called to order at 6:02 PM by Chairperson Jose
Rios
PLEDGE OF ALLEGIANCE
ROLL CALL
Jose Rios Chairperson Present
Tim Jackson Commissioner Absent
Jonathan Bohorquez Commissioner Present
BUSINESS FROM THE PUBLIC
2. There was none.
CONSENT AGENDA
3. Consider Approval of the March 11, 2019 Planning Commission
Minutes.
Chairperson Rios requested that a correction be made to page 5 of
the minutes.
AGENDA
ITEM
3
SECONDER: Cesar Ayon, Commissioner
ABSENT: Tim Jackson
REGULAR AGENDA
4. Resolution No. PC 2019-03. A Resolution of the Planning
Commission of the City of Gonzales Recommending City Council
Approval of a Tentative Parcel Map for the Existing 6.515-Acre
Gonzales Six Parcel (APN# 020-021-016) into a 5.687-Acre Remainder
Parcel (To be Retained by Gonzales Six) and One 0.818-Acre Parcel
(To be Owned by RC Farms).
Staff Report: Community Development Director, Matthew Sundt
presented the staff report.
Public Hearing: Chairperson Rios opened public hearing at 6:08
pm.
Dennis Caprara, property owner and applicant, explained why he is
requested the property to be sub
divided and thanked the City staff for working with him and his
consultant.
Chairperson Rios closed public hearing at 6:10 p.m.
Commission Discussion: There was none.
RESULT: APPROVED [UNANIMOUS]
SECONDER: Cesar Ayon, Commissioner
ABSENT: Tim Jackson
5. Rezone Gabilan Court Property (APN# 020-121-005) to
Public/Quasi-Public
Commission Discussion: General discussion took place as well as
questions were addressed and
answered.
Commission made recommendation to staff to consider the rezoning
property back to Public/Quasi-
Public.
6. Underground Utilities
Commission Discussion: General discussion took place as well as
questions were addressed and
answered.
Chairperson Rios recommendation to staff is to review the
requirements for underground utilities
when a property is being rehabbed and the rehab exceeds 50% of the
home.
BUSINESS FROM PLANNING COMMISSION
Oral Communication: Commissioner Bohorquez thanked the City for the
new equipment installed at
the Canyon Creek Tot Lot; commented that at the last join meeting
someone discussed the possibility
of adding a pedestrian bridge to help with the traffic issues at
the 5th Street bridge which he would
3
Page 3 of 3
like done; expressed his concerns on the increased amount of RV’s
being parked on the street and
asked for clarification on the Inclusionary Housing
Ordinance.
Commissioner Ayon stated that Gonzales High School Interact Club
helps pick up trash on the
weekends and has noticed an excess amount of trash around town;
recommended that the City install
trash bins throughout the City; and commented that there are trees
that need to be trimmed along
Fanoe Road because they block the view of the street signs.
Community Development Director Sundt stated that he will discuss
with City Staff and discuss
possible solutions to the trash issue.
Chair Pro Tem Velasquez stated that she is happy the Santa Fe
Market is finally open but would like
City staff to review the number of handicap parking and their
location.
Community Development Director Sundt stated that he will review the
handicap matter further.
Chairperson Rios asked Community Development Director Sundt to
please provide the Commission
updates on all pending and ongoing projects throughout the
City.
BUSINESS FROM COMMUNITY DEVELOPMENT DIRECTOR
8. Oral Communication
Oral Communication: Community Developer Director Sundt provided an
update on the work being
done on the Sphere of Influence, the reports needed to be completed
and the anticipated submission
date to LAFCO; stated that Mann Packing is partially opened as the
production equipment has yet to
be installed; stated the Pape Material is still interested in
opening a facility within the industrial park;
and stated that the 3 permits for the Cannabis operations have
expired and at this time it’s not clear
what would happen with the properties.
Chairperson Rios asked what had happened regarding the truck stop
that was to be built within the
Industrial Park.
Community Developer Director Sundt stated that he has no
information on the truck stop.
Commissioner Ayon asked for an update on the Salinas Valley
Memorial Hospital Expansion project.
Community Developer Director Sundt stated that construction will
start later in the year.
ADJOURNMENT
Commissioner Cesar Ayon made a motion to adjourn. Commissioner
Jonathan Bohorquez
seconded the motion. Approved by vote: Chairperson Jose Rios, Chair
Pro Tem Gloria
Velasquez, Cesar Ayon and Jonathan Bohorquez. Excused Absence: Tim
Jackson.
The meeting was closed at 6:54 PM
Jose Rios, Chairperson
3
COMMUNITY DEVELOPMENT DEPARTMENT
FROM: Matthew Sundt, Community Development Director
THROUGH: René L. Mendez, City Manager
SUBJECT: Proposed Revisions to Title 12 (Zoning Regulations) and
Title 4 (Business and
License Regulations) of the Gonzales Municipal Code
RECOMMENDATION
a) Hear the Staff report
b) Conduct the Public Hearing
c) Discussion
d) Commission Action-
Staff Recommended Action: Consider and discuss staff’s proposed
revisions to Title 12 - Zoning
Regulations and Title 4 -Business and License Regulations. No
action by the Planning Commission
is required or will occur at this time. This meeting is
informational only and intended to solicit
comments from the Planning Commission so as to allow Staff to
adjust the proposed amendments to
fit the City’s needs.
BACKGROUND
A General Plan and Municipal Code are “living” instruments that
will change over time to fit changing
circumstances. At this time, staff is proposing new sections to be
inserted in Title 12 – Zoning
Regulations, and Title 4 – Business and License Regulations, and
other changes. No changes to the
General Plan are proposed.
Accessory Dwelling Units
The lack of housing in Gonzales is of foremost importance to the
City Administration. Accessory
Dwelling Units (ADU) represents one method to address the lack of
housing – building Single-Family
and Multi-Family Units represent the other common methods. ADUs are
relatively inexpensive because
of their small size. Per State Law, they can be built throughout
the residential districts.
The most recent housing projects in the City of Gonzales include
the CHISPA Canyon Creek apartment
project (36 units) that was constructed in 2005, and the 2009
Monterey County Housing Authority Fanoe
Vista Apartments (45 units – represents a 25-unit net increase).
The Fanoe Vista project replaced the 20-
unit Gabilan Court housing project that was located on Fifth Street
(20 units razed and replaced by the 45-
unit Fanoe Vista project in 2009). In addition, the Rincon Villages
Subdivision project that was approved
by the City in 2011 for the east side of the City (D’Arrigo
Brothers property) did not come to fruition and
the approved map was terminated in 2016. Rincon Villages would have
had resulted in 680 residential
units (610 single-family detached dwellings and 70 multi-family
dwelling units) on the 138-acre property.
The result is that Gonzales is now suffering a housing
drought.
Along comes a new law from Sacramento pertaining to ADUs that came
into effect on January 1, 2018,
that supersedes all local laws related to ADUs (i.e., secondary
units). This law is intended to encourage
and expedite construction of small independent living
accommodations in residential districts; in effect,
allowing more “affordable” units in the community. Another issue to
reconcile is whether the current 65%
maximum lot coverage requirement for the R-1 and R-1D Districts is
appropriate given the ADU
mandate. The R-2 District maximum lot coverage is 60%. Mobile Home
Parks (MHP) have no
requirement other than that 40% of the “open space” shall be
landscaped (the Municipal Code has no
specific open space percentage requirement in the MHP).
The California Legislature has declared that allowing accessory
dwelling units in single-family and multi-
family zones is an essential component in addressing housing needs
in California, and as such, enacted
Assembly Bill 2299 and Senate Bill 1069 amending Government Code
Section 65852.2 pertaining to
local government regulation of ADU construction. These two bills
amended various sections of the State
Government Code (§ 65852.2.) related to second dwelling unit
regulations and are intended to reduce
barriers and streamline approval. Among other things, the new laws
permit ADUs in all residential
zoning districts, create two classes of ADUs for which different
regulations apply (interior vs. new
structure), eliminate off-street parking requirements in certain
circumstances, regulate the unit size, and
establish the review process and approval timelines. A bullet point
list summarizing the provisions of
these bills is included as Attachment ‘1’.
The amended Government Code section 65852.2 also contains a
provision rendering null and void any
local ordinance regulating ADU construction that does not comply
with its provisions. The State laws
also provide that until the time at which the agency (i.e.,
Gonzales) adopts an ordinance that complies
with the State laws, the agency must apply the State standards for
the approval of ADUs. Therefore, in
order to retain some degree of local control over ADU construction,
the City must amend its ordinance to
conform to state law. The proposed ordinance complies with state
law while establishing reasonable
zoning regulations intended to protect the City. Refer to
Attachment ‘2’ for Staff’s proposed new
Chapter.
As of this writing, the Gonzales Community Development Department
has had three inquiries regarding
ADUs. Each inquiry was followed up with telephone correspondence
and emails to the prospective
builders (all residents of Gonzales). To date no building permits
have been submitted. It is likely that the
4
Packet Pg. 7
cost of construction (estimated to be $150/sq.ft.) and the City’s
$45,000 Development Impact Fee,
combine to create an intimidating, daunting and insurmountable
challenge.
New Definitions
As a result of rummaging through the City’s code, City staff found
that the Definitions Section (Chapter
12.08) lacked important references. Refer to Attachment ‘3’.
Sidewalk Vending
To address economic disparity and create small business opportunity
throughout the state, on September
17, 2018, former Governor Edmund Gerald Brown signed Senate Bill
(“SB”) 946 into law, which
regulates sidewalk vendors throughout the State. At the request of
the City Manager, the attached
ordinance is provided. No action is to be taken at this time. Refer
to Attachment ‘4’ for the proposed new
Chapter 4.18.
Storage Containers
The city currently has a very limited discussion on the subject of
storage containers, but Staff proposes to
be more detailed. Refer to Attachment ‘5’ for the proposed new
Chapter 4.22.
The existing language in the Municipal Code that relates to storage
containers is in Chapter 5.20.020.E.3.
This section (5.20.020.E – Hazardous Obstructions) states the
following:
Any storage container that is not part of an approved use permit or
has a valid
encroachment permit is declared to be a nuisance if it remains on
the same parcel of land
for more than seventy-two (72) hours. (Ord. 2010-61,
2-16-2010)
This existing language is appropriate as is but would need to be
cross-referenced to the new Chapter 4.22
where there is more explicit direction. Staff prefers that there be
a cross-reference to Chapter 4.22.
Recreational Vehicles
There has been illegal use of recreational vehicles in the City for
purposes of housing, especially housing
for farm employees. In one particular case, City staff directed the
property owner to cease and desist by
September 1, 2019. Housing in Gonzales and in the Salinas Valley is
very limited to such an extent that,
as you may know, garages are inhabited and in some cases bedrooms
and living/dining rooms are used by
multiple persons. These recreational vehicles are an alternative to
cramped and unhealthy living
accommodations. Although in the commercial districts the City
allows multiple-family dwellings, large
residential care facilities, condominiums, secondary units,
duplexes, and single-room occupancy units,
recreational or mobile homes are not allowed. Staff presents this
information for discussion and poses the
question, “what shall we do, if anything?”
CONCLUSION
The intent of this staff report is to provide the Planning
Commission a “heads up” relating to Staff’s
proposed Municipal Code changes. This meeting will be followed by
at least one additional meeting
where either the Planning Commission makes a recommendation to the
City Council to approve these
changes or continues to review the matter as appropriate.
Attachments:
4
Packet Pg. 8
4. Proposed New Sidewalk Vending Ordinance Chapter 4.18 5. Proposed
New Storage Container Chapter 4.22
Summary of State Legislation
• Permits an ADU in any zoning district where residential uses are
a permitted use, on sites containing an existing single-family
residential dwelling
• Exempts an ADU application from all discretionary permits, except
a coastal development permit in the Coastal Zone and a variance
when non-compliant with certain development standards
• Creates two classes of ADUs for which different regulations
apply. The first class regulates the construction of detached ADUs
and additions to existing primary dwelling units. The second class
governs the construction of ADUs that are contained within the
existing space of a single-family residence or accessory
structure.
• Eliminates off-street parking requirement for an ADU meeting
certain requirements, including location within one-half mile of
transit or a car share vehicle, and an ADU created within an
existing primary dwelling unit
• Requires City to permit tandem parking to satisfy off-street
parking requirement unless certain findings are made
• Provides that garage demolition/conversion is permissible to
enable ADU construction
• Prohibits minimum setbacks for an ADU created within an existing
garage
• Establishes a maximum five-foot side and rear setback for an ADU
constructed above an existing garage
• Establishes a minimum permissible floor area for an ADU (approx.
150 sq. ft.)
• Permits up to 1,200 sq. ft. floor area for a detached ADU and 50%
of primary dwelling unit floor area for an attached ADU (not to
exceed 1,200 sq. ft.)
• Prohibits the City from requiring a new or separate utility
connection, or a connection fee or capacity charge, for an ADU
created within an existing primary dwelling unit
• Prohibits the City from requiring fire sprinklers if they are not
required for the primary dwelling unit
• Exempts ADUs from calculation in General Plan or zoning density
calculations
• Exempts ADUs from consideration under local growth control
measures
Attachment ‘1’
12.112.020 ACCESSORY DWELLING UNITS: [REPLACES EXISTING SECTION
12.112.020]
A. Intent. The intent of this section is to allow accessory
dwelling units that:
1. Contribute needed housing to the community’s housing
stock;
2. May be rented but may not be under separate ownership;
3. Are within a residential zoning district;
4. Are a residential use that is consistent with the existing
general plan and zoning designation
for a given lot; and
5. Are consistent with the intent and requirements of Government
Code section 65852.2.
6. The primary residence and ADU may be rented out by the property
owner whereby the
owner is not required to reside in either unit.
B. Definitions.
1. Accessory Dwelling Unit (ADU). Whether part of an existing
residence, attached or
detached, an ADU shall consist of complete independent living
facilities for one or more
persons including permanent provisions for sleeping, living,
eating, cooking, sanitation, and
shall have a separate exterior entrance.
2. Living area. Living area includes the interior habitable area of
a dwelling unit including
basements and attics but does not include a garage or any accessory
structure.
3. Primary residence. A residence on a parcel designated in the
zoning map to be used for
residential purposes.
C. Building Permit Required. ADUs are permitted in any residential
district upon the issuance of a
building permit. Those permits shall be issued by the City provided
that the applicant complies with all
development standards in subsection D below.
D. Development Standards.
1. An ADU “within” an existing residence. An ADU within an existing
residence, attached or
detached garage, or other accessory structure, shall only require a
building permit so long as
the following requirements are met:
a. The ADU meets all applicable building and safety codes.
b. The ADU is entirely within the existing residence.
c. The ADU has independent exterior access from the existing
residence.
d. The ADU has sufficient side and rear setbacks for fire
safety.
2. ADUs “attached” to an existing primary dwelling unit. Attached
ADUs shall be attached to
the existing dwelling as an “Attached Structure” as set forth in
section 12.08.020 of this title.
Attached ADUs shall not exceed fifty percent (50%) of the existing
living area, with a
maximum increase in floor area not to exceed 1,200 square feet.
Attached ADUs shall meet
all applicable building code requirements. For ADUs constructed
above an existing garage,
the required setback from the side and rear lot lines shall be no
more than five feet, and the
height shall be no more than 35 feet as measured by the vertical
distance (refer to definition
of “Building Height” defined in section 12.08.020 of this title)
from the average level of the
highest and lowest point of that portion of the lot covered by the
structure to the apex of
the structure.
Attachment ‘2’
)
3. Detached ADUs. ADUs not attached to an existing dwelling shall
not exceed 1,200 square
feet and shall be a maximum of fifteen feet (15’) in height and no
more than one story as
measured by the vertical distance (refer to definition of “Building
Height” defined in section
12.08.020 of this title) from the average level of the highest and
lowest point of that portion
of the lot covered by the structure to the apex of the
structure.
4. An ADU must be located on a legal lot as defined by title 13,
"Subdivision Regulations", of
this code.
5. An ADU must be located on a lot zoned for residential
uses.
6. An ADU must be located on a lot containing only one existing,
legal single-family dwelling,
except when an applicant is applying for a permit to build a main
dwelling unit and an ADU
at the same time. (Ord. 2004-29, 9-20-2004)
7. An applicant for an ADU site plan permit and building permit
must be the owner of the
primary dwelling but need not reside in that primary dwelling, or
the ADU. (Ord. 2010-69, 9-
7-2010)
8. The ADU shall conform to all height, setback, lot coverage, and
other zoning requirements
applicable to the primary dwelling in the zone in which the
property is located. [SHALL THE
CITY BE LENIENT REGARDING 65% LOT COVERAGE IN THE RESIDENTIAL
DISTRICTS? IF SO, BY
HOW MUCH?]
9. One off-street parking space shall be provided for an ADU in
addition to the required spaces
for the primary dwelling. ADU parking spaces may be provided as
tandem parking, including
on an existing driveway or in paved setback areas, excluding the
non-driveway front-yard.
Parking requirements shall be waived if the ADU is located: (i)
within one-half (1/2) mile of a
public transit stop [NOTE: EXCEPT FOR THE RESIDENTIAL AREA NORTH OF
CABERNET DRIVE,
THE ENTIRE CITY IS WITHIN THIS ½ MILE DISTANCE]; (ii) in a
designated historic district; (iii)
in part of an existing primary residence, or an existing accessory
structure pursuant to
subsection D.1 above; (iv) in an area requiring on-street parking
permits not offered to the
ADU occupant; or (v) within one block of a car-sharing
pickup/drop-off location.
10. When a garage, carport, or covered parking structure is
demolished or converted in
conjunction with the construction of an ADU, replacement parking is
encouraged, but not
required. Refer to D.9 above.
11. All applicants for ADUs must pay applicable building permit
fees and development impact
fees.
12. Except for an ADU constructed within existing structures
pursuant to section D.1 above, all
ADUs must be separately metered and shall include separate shutoffs
for all utilities.
13. ADUs are encouraged to be compatible with the architectural
design, character and finish of
the primary residence, but not required to be.
14. The rear of an ADU shall not face a public road or street if
within 20 feet of the property line
fronting that public road or street.
E. Development Impact Fees. Associated with any new ADU development
will be the City of Gonzales
development impact fees. These fees are established by the City
Council, apply to all new developments
and are updated by the City Council as needed.
Packet Pg. 12
Staff proposes to add the following new definitions:
“SHORT-TERM RENTAL” - Consists of a dwelling, or portion of a
dwelling unit, rented for a period of less
than thirty days.
“SECOND SINGLE-FAMILY DWELLING” – an attached or detached separate
residential unit on the same
parcel as the primary residence. A Second Single-Family Dwelling is
not an Accessory Dwelling Unit
(ADU) which is a subordinate habitable structure on the same lot as
the primary residence.
“SINGLE-ROOM OCCUPANCY” – a residential facility in which furnished
rooms are rented on a weekly or
monthly basis and which provides common facilities and services for
laundry, cleaning and cooking.
“ACCESSORY DWELLING UNIT (ADU)” – an ADU can be entirely within an
existing primary residence,
attached to the primary residence (i.e., an addition to the primary
residence) or can be a detached unit
on a single-family. In the case of an attached or detached ADU it
shall not exceed 50% of the living area
of the primary residence and not to exceed 1,200 square-feet under
any circumstances. An ADU is a
complete living unit, including a private kitchen, bath, and
separate egress-ingress from the primary
residence.
“LANDSCAPING” - The planting and maintenance of trees, shrubs,
lawns, and other evergreen ground
cover or material, including inorganic accessory materials utilized
to access or complement the
vegetation. Landscaping also includes “xeriscaping”, which is
landscaping and gardening that reduces or
eliminates the need for supplemental water from irrigation.
Attachment ‘3’
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES
ADDING
NEW CHAPTER 4.18 - SIDEWALK VENDING TO TITLE 4 - BUSINESS AND
LICENSE
REGULATIONS, OF THE GONZALES MUNICIPAL CODE
WHEREAS, on September 17, 2018, former Governor Edmund Gerald Brown
signed
Senate Bill (“SB”) 946 into law, which regulates sidewalk vendors
throughout the State
including within the City of Gonzales; and
WHEREAS, SB 946 limits the authority of local entities to regulate
sidewalk vendors,
except as provided in Government Code Sections 51038 and 51039;
and
WHEREAS, the City’s current Municipal Code provisions dealing with
vending either
conflict with or do not address the issues set forth in SB 946;
and
WHEREAS, the City now wishes to adopt a set of provisions under the
authority of SB
946 and the City Council finds that the regulations and
requirements provided in the City’s
proposed new ordinance are directly related to the City’s objective
of protecting the health,
safety and welfare of its residents, businesses and visitors;
and
WHEREAS, the City Council finds that this ordinance regulates the
time, place and
manner of sidewalk vending, as specified, to address health, safety
and welfare concerns.
NOW THEREFORE, BE IT HEREBY ORDAINED by the City Council of the
City
of Gonzales as follows:
Section 1. Recitals. All of the recitals set forth above are true
and correct to the best of
the Council’s knowledge, are material to the adoption of this
ordinance, and by this reference are
incorporated herein as findings.
Section 2. New Chapter 4.18 Sidewalk Vending of Title 4 is adopted
and added to the
Gonzales Municipal Code as follows:
CHAPTER 4.18
SIDEWALK VENDING
4.18.010 Purpose
The purpose of this Chapter is to establish a sidewalk vendor
permitting and regulatory program
that complies with Senate Bill 946(Chapter 459, Statutes 2018). The
provisions of this Chapter
bring the City into compliance with Senate Bill 946 by removing
illegal prohibitions on sidewalk
vending activities while still permitting the regulation and
enforcement of such activities.
Sections 53036-53029 of the California Government Code confer upon
local governments the
authority to adopt regulations designed to promote the public
health, safety, and general welfare
of its residents. The requirements set forth in this Chapter are
intended to protect the public’s
health, safety and welfare by ensuring that vendors on public
property provide safe and sanitary
conditions for consumers and the general public, are adequately
insured, and are properly
licensed with other agencies. This Chapter is adopted pursuant to
the City’s police powers for
the purpose of regulating vending on public property.
4.18.020 Findings
The City Council hereby finds that limitations on sidewalk vending
are necessary to:
1. Comply with State Legislation.
2. Promote the health, safety and welfare.
3. Ensure that the goals and policies of the City’s General Plan
are upheld.
4. Ensure that the flow of pedestrian or vehicular traffic
including ingress into, or egress
from any residence, public building, or place of business, or from
the street to the
sidewalk, by persons exiting or entering parked or standing
vehicles is maintained.
5. Provide reasonable access for the use and maintenance of
sidewalks, pathways,
hydrants, restrooms, trash receptacles, firefighting apparatus, as
well as access to
locations used for public transportation service.
6. Protect the quality of life of City residents and minimize
disruptions to the quiet
enjoyment of residential property by restricting noise-making
devices associated with
sidewalk vending.
7. Ensure no interference to the performance of police,
firefighter, and other emergency
medical personnel services.
8. Reduce exposure to the City for personal injury or property
damage claims and
litigation.
es )
3
Unless the contrary is stated or clearly appears from the context,
the following definitions govern
the construction of the words and phrases used in this Chapter.
Words and phrases not defined in
this Chapter have the meaning set forth elsewhere in this Code, the
California Business and
Professions Code, California Vehicle Code, or California Government
Code.
“CERTIFIED FARMER’S
Division 17 of the Food and Agricultural Code and any
regulations adopted pursuant to this Chapter, or any
successor Chapter.
“FOOD” Any item provided in Health and Safety Code Section
113781, or any successor section.
“HARASSMENT” Any form of unauthorized or unpermitted
touching,
verbal abuse, blockage of pathways or interference
with pedestrian traffic.
limited to, a pushcart, wagon, bicycle, tricycle, pedal-
driver cart, other non-motorized conveyance, or other
wheeled container or mechanism.
A majority is the greater part, or more than half, of the
total.
“MERCHANDISE” Any non-food item that can be sold and
immediately
obtained from a sidewalk vendor, which is not
considered food.
the operation of any business or activity involving
vending on public property.
General Plan.
“PUBLIC PROPERTY” Any real property, public easement, public
street, street
median, alley, parkway, public sidewalk, or other
Packet Pg. 16
otherwise controlled by the City.
“RESIDENTIAL DISTRICT” Any area zoned exclusively as residential in
Title 17-
Zoning of the Gonzales Municipal Code.
“ROAMING SIDEWALK
A sidewalk vendor who moves from place to place and
stops only to complete a transaction.
“SIDEWALK” That portion of a street, other than the roadway,
set
apart by curbs, barriers, markings or other specific
delineation.
“SIDEWALK VENDOR” A person who vends goods or merchandise upon
a
public sidewalk, including, but not limited to vending
from a structure, stand, display, showcase, rack, human
powered device or other means.
“SIDEWALK VENDING
showcase, rack, or other non-motorized conveyance
used for sidewalk vending activities
“SPECIAL EVENT” A city permitted event, including, but not limited
to,
festivals and/or cultural events.
A sidewalk vendor who vends from a fixed location.
“VEND” OR “VENDING” Any act of hawking, operating noisemaking
devices to
attract attention to the vendor, or the displaying,
selling, or offering for sale of any displayed goods or
merchandise to the public from any carrying device,
box, bag, stand, human powered device, or from a
vehicle.
4.18.040 Permit Required
A. No person, either for themselves or any other person, shall
engage in any sidewalk vendor
activities within the City without first applying and receiving a
permit from the City under this
Chapter. Permit fees will be set by resolution of the City Council
and updated annually.
B. No more than one commercial/residential permit shall be issued
to an individual sidewalk
vendor and only one vending receptacle is permitted per
permit.
C. Permits shall be issued in the order that they are received and
deemed complete.
Packet Pg. 17
es )
5
D. A written application for a sidewalk vendor permit shall be
filed with the City on a City
provided form provided by the City, and shall contain the following
information:
1. The names, address and telephone number of the person applying
to become a
sidewalk vendor.
2. The name, address and telephone number of the person who will be
in charge of any
roaming sidewalk vendors, sidewalk vending activity and/or be
responsible for the person
working at the sidewalk vending receptacle.
3. The name, address and telephone number of all persons that will
be employed as
roaming sidewalk vendors or at a sidewalk vending receptable
4. The locations in the City where the sidewalk vendor intends to
operate.
5. The days and hours of operations the sidewalk vendor intends to
operate at such
locations.
6. Whether the vendor intends to operate as a stationary sidewalk
vendor or a roaming
sidewalk vendor. and if roaming, the intended path of travel.
7. The dimensions of the sidewalk vendor’s sidewalk vending
receptacle, a picture of the
sidewalk vending receptacle as seen from all sides operating under
the permit, and any
signs that will be affixed thereto.
8. Whether the sidewalk vendor will be selling food, merchandise,
or both.
9. If the sidewalk vendor is selling food, a description of the
type of food to be sold,
whether such foods are prepared on site, whether such foods will
require a heating
element inside or on the sidewalk vending receptable for food
preparation, and the type
of heating element, if any.
10. If the vendor is selling merchandise, a description of the
merchandise to be sold.
11. If vending food, proof of a valid Health Permit issued by the
Monterey County
Health Department in accordance with Part 7 of the California
Health and Safety Code.
12. If selling packaged items, proof the person possesses a valid
California Department
of Tax and Fee Administration Seller’s Permit which notes the City
as a location or sub-
location, which shall be maintained for the duration of the
sidewalk vendor’s permit
13. An acknowledgement that the sidewalk vendor will comply with
all generally
applicable local, state and federal laws.
14. A certification that, to the applicant’s knowledge and belief,
the information
contained within the application is true.
15. An acknowledgement that the use of public property as
authorized by State Law shall
be at the sidewalk vendor’s own risk, and the sidewalk vendor uses
public property at
his/her own risk.
16. An acknowledgement that the sidewalk vendor will obtain and
maintain throughout
the duration of any permit issued under this Chapter, any insurance
required by the City
and shall name the City, its elected and appointed officials and
employees as additional
insureds under that policy.
17. Any other relevant information required by the City.
18. An agreement by the sidewalk vendor to defend, indemnify,
release and hold
harmless the City, its City Council, boards, commissions, officers
and employees from
and against any and all claims, demands, obligations, damages,
actions, causes of actions,
suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without
limitation, attorney fees and costs) of every kind and nature
whatsoever which may arise
Packet Pg. 18
es )
6
from or in any manner related (directly or indirectly) to the
permit or the vendor’s
sidewalk vending activities. This indemnification shall include,
but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys’
fees, and other
expenses incurred in connection with such claim, action, or
proceeding whether incurred
by the permittee, City, and/or the parties initiating or bringing
such proceeding.
E. Each application for a sidewalk vendor permit shall be
accompanied by a non-refundable
application fee as established by resolution of the City Council.
The application and permit are
only applicable to the individual(s) named on the application. If
said permit is approved, the
permittee shall also obtain a City business license to carry on the
activities authorized by said
permit.
4.18.050 Issuance of Permit
A. Within sixty (60) calendar days of receiving a complete
application, the City may issue a
sidewalk vendor permit, with appropriate conditions, as provided
for herein, if the City finds,
based on all relevant information, that:
1. The conduct of the sidewalk vendor will not unduly interfere
with traffic or pedestrian
movement, or tend to interfere with or endanger the public peace or
rights of nearby
residents to the quiet and peaceable enjoyment of their property,
or otherwise be
detrimental to the public peace, health, safety or general welfare,
nor shall it violate the
provisions of the Federal Americans with Disabilities Act.
2. The conduct of the sidewalk vendor will not unduly interfere
with normal
governmental or City operations, threaten to result in damage or
detriment to public
property, or result in the City incurring costs or expenditures in
either money or
personnel not reimbursed in advance by the vendor.
3. The conduct of such sidewalk vending activity will not
constitute a fire hazard.
4. The conduct of such sidewalk vending activity will not require
the diversion of police
officers to properly police the area of such activity as to
interfere with normal police
protection for other areas of the City.
5. The sidewalk vendor has not had a permit revoked within the past
twelve months.
6. The sidewalk vendor’s application contains all required
information.
7. The sidewalk vendor has not made a materially false, misleading
or fraudulent
statement of fact to the City in the application process.
8. The sidewalk vendor has satisfied all the requirements of this
chapter.
9. The sidewalk vendor has paid all applicable fees as set forth by
City Council
resolution.
10. The sidewalk vendor’s sidewalk vending receptacle and proposed
activities conform
to the requirements of this Chapter.
11. The sidewalk vendor has adequate insurance to protect the City
from liability
associated with the sidewalk vendor’s activities, as determined by
the City, naming the
City, its elected officials, officers and employees as additional
insureds.
12. The sidewalk vendor has satisfactorily provided all information
requested by the City
to consider the vendor’s application.
Packet Pg. 19
es )
7
B. A sidewalk vendor permit is non-transferable. Any change in
ownership or operation of a
sidewalk vendor or sidewalk vending receptacle requires a new
permit under this Chapter.
C. All permits issued under this Chapter shall expire on the date
designated thereon, but in no
event later than June 30 of each year.
4.18.060 Operating Conditions
All sidewalk vendors are subject to the following operating
conditions when conducting
sidewalk vending activities.
A. All food and merchandise shall be stored either inside or
affixed to the sidewalk vendor
receptacle or carried by the sidewalk vendor. Food and merchandise
shall not be stored, placed
or kept on any public property. If affixed to the sidewalk vendor
receptable, the overall space
taken up by the sidewalk vendor receptacle shall not exceed the
size requirements provided in
this section. In selling food, the vendor shall be in possession of
a current Health and Safety
Permit issued by the Monterey County Health Department in
accordance with Part 7 of the
California Health and Safety Code.
B. The sidewalk vendor permit shall by displayed conspicuously at
all times on the sidewalk
vending receptacle or the sidewalk vendor’s person.
C. Only one sidewalk vendor is permitted per permit.
D. Sidewalk vendors shall ensure that all required insurance is in
effect prior to conducting any
sidewalk vendor activities and maintained for the duration of the
permit.
E. Sidewalk vendors shall not leave their sidewalk vending
receptacles unattended for any
reason.
F. Sidewalk vending receptacles shall not be stored on public
property and shall be removed
from City property when not in active use by a sidewalk
vendor.
G. All sidewalk vendors shall allow a police officer, firefighter,
life safety services officer, code
enforcement officer, health inspector, or other government official
charged with enforcing laws
related to the street vendor’s activities, at any time, to inspect
their sidewalk vending receptacle
for compliance with the size requirements of this Chapter and to
ensure the safe operation of any
heating elements used to prepare food.
H. Sidewalk vending receptacles and any attachments thereto shall
not exceed a total height of
four (4) feet, a total width of three (3) feet, and a total length
of four (4) feet.
I. No sidewalk vending receptacle shall contain or use propane,
natural gas, or other explosive
or hazardous materials.
Packet Pg. 20
es )
8
J. If a sidewalk vending receptacle requires more than one (1)
person to conduct the sidewalk
vending activity, all sidewalk vendors associated with the sidewalk
vending receptacle shall be
within five (5) feet of the sidewalk vending receptacle when
conducting sidewalk vending
activities.
K. Sidewalk vendors that sell food shall maintain a trash container
in or on their sidewalk
vending receptacle and shall not empty their trash into public
trashcans. The size of the vendor’s
trach container shall be taken into account when assessing the
total size limit of a sidewalk
vending receptacle. Sidewalk vendors shall not leave any location
without first picking up,
removing and disposing of all trash or refuse from their
operation.
L. Sidewalk vendors shall immediately clean up any food, grease or
other fluid or item related to
sidewalk vending activities that is discharged on public property.
Failure to comply will result in
the City taking appropriate action to clean the discharge at the
vendor’s expense. The vendor
permit will thereafter be suspended until such time as the expense
associated with cleanup has
been reimbursed to the City.
M. Sidewalk vendors shall comply with the Federal Americans with
Disabilities Act of 1990
and amendments thereto, and state disability rights laws.
N. Sidewalk vendors shall maintain a minimum four (4) foot clear
accessible path free from
obstructions, including sidewalk vending receptables and customer
queuing area.
O. Sidewalk vendors shall comply with the noise standards provided
in Chapter 4.16.120 of this
Code, or any successor chapters.
P. All signage and advertising related in any way to the sidewalk
vendor shall be attached to the
sidewalk vending receptacle, if any, or the sidewalk vendor’s
person.
Q. Sidewalk vendors shall not use any electrical, flashing, wind
powered or animated sign.
R. Signs shall not exceed three (3) square feet; and no
free-standing signs shall be placed on a
public street or sidewalk.
4.18.070 Prohibited Locations
Sidewalk vendors shall not engage in sidewalk vending activities at
the following locations:
A. Any public property that does not meet the definition of a
sidewalk or pathway including, but
not limited to, any ally, intra-block walkway, square, street,
street end, or parking lot.
B. Within two-hundred (200) feet of the police station, fire
station, or a permitted certified
farmers market during limited operating hours
C. An area designated for a special event permit issued by the
City, during the limited duration
of the special event.
es )
9
D. Within one hundred (100) feet of another sidewalk vendor, any
police officer, firefighter or
emergency medical personnel who are actively performing their
duties or providing services to
the public.
E. Within twenty-five (25) feet of a fire hydrant, the
intersections of a street and a sidewalk, any
curb which has been designated as white, yellow, green, blue or red
zone or a bus zone,
automated teller machine, driveway, alley, or entrance to a parking
lot or parking garage, trash
receptacle, bike rack, bench, bus stop, restroom or similar public
use items.
F. Sidewalk vendors shall not sell food or merchandise or engage in
any sidewalk vending
activities at any park where the City has signed an agreement for
concessions that exclusively
permits the sale of food or merchandise by a concessionaire.
G. Stationary sidewalk vendors shall not operate in designated
residential zoning districts.
4.18.080 Prohibited Activities
A. Sidewalk vendors shall not engage in any of the following
activities:
1. Renting merchandise to customers.
2. Providing or offering a service that is neither defined as
merchandise or food.
3. Displaying or advertising merchandise or food that is not
available for immediate sale.
4. Selling alcohol, cannabis, adult oriented materials, tobacco
products, products that
contain nicotine or any product used to smoke/vape nicotine or
cannabis, psychoactive
bath salts, psychoactive herbals incense, and any synthetic drug
referenced in Chapter
8.24 of this Code.
5. Using an open flame on or within any sidewalk vending
receptacle.
6. Using an electrical outlet or power source, or water source,
that is owned by the City
or another person other than the sidewalk vendor. Vendor
receptacles shall be self-
contained.
7. Harassment of customers.
8. Knowingly making false statements or misrepresentations during
the course of
offering food or merchandise for sale.
9. Blocking or impeding the path of the person(s) being offered
food or merchandise to
purchase.
10. Touching the person(s) being offered food or merchandise
without consent.
11. Placing their sidewalk vending receptacles outside of any
pathway or sidewalk when
engaging in sidewalk vending activities. Additionally, sidewalk
vending receptacles shall
not touch, lean against or be affixed at any time to any building
or structure including, but
not limited to lampposts, fire hydrants, benches, bus shelters,
newsstands, trashcans or
traffic barriers.
4.d
es )
10
1. Within the commercial district during the same business hours of
a majority of the
businesses located within the district.
2. Within residential districts, between the hours of 8.a.m. and 6
p.m. daily
4.18.090 Penalties
A. As prescribed by State Legislation, violations of this Chapter
may not be prosecuted as
infractions or misdemeanors and shall only be punished by the
following administrative citation
and revocation structure.
B. Except as otherwise provided in this chapter, any violation of
this Chapter shall be assessed
administrative fines in the following amounts:
1. An administrative fine not exceeding one hundred dollars ($100)
for a first violation.
2. An administrative fine not exceeding two hundred dollars ($200)
for a second
violation within one year of the first violation.
3. An administrative fine not exceeding five hundred dollars ($500)
for each additional
violation within one (1) year of the first violation.
C. If a sidewalk vendor violates any portion of this Chapter and
cannot present the citing officer
with proof of a valid permit, the sidewalk vendor shall be assessed
administrative fines in the
following amounts:
1. An administrative fine not exceeding two hundred fifty dollars
($250) for a first
violation.
2. An administrative fine not exceeding five hundred dollars ($500)
for a second
violation within one (1) year of the first violation.
3. An administrative fine not exceeding one thousand dollars
($1,000) for each
additional violation within one (1) year of the first
violation.
4. Upon proof of a valid permit issued by the City, the
administrative fines set forth in
this Section shall be reduced to the administrative fines set forth
in Section B. above.
E. The City may revoke a permit issued to a sidewalk vendor for the
term of that permit upon
the fourth violation or subsequent violations within one (1) year
of the first violation.
4.18.100 Appeals
A. All appeals of administrative citations shall be conducted in
accordance with the process
established by resolution of the City Council.
4.18.110 Conflict with Other Code Sections
The provisions of this Chapter are meant to establish City
regulations that are in compliance with
the mandates of SB 946. To the extent the provisions of this
Chapter are in conflict with other
provisions of the Gonzales Municipal Code, and in particular, the
provisions of Chapter 4.16
Packet Pg. 23
es )
11
“Peddlers, Solicitors and Itinerant Merchants”, the provisions of
this Chapter are meant to
supersede conflicting provisions.
Section 3. CEQA Findings. The addition of new chapter 4.18 to the
Soledad Municipal
Code is not subject to the provisions of the California
Environmental Quality Act (“CEQA”)
pursuant to CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, Sections:
15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical
change in the environment); 15060(c)(3) (the activity is not a
project as defined in Section
15378) and 15061(b)(3), because the activity is covered by the
general rule that CEQA applies
only to projects which have the potential for causing a significant
effect on the environment.
Because there is no possibility that this ordinance may have a
significant adverse impact on the
environment, the adoption of this ordinance is exempt from
CEQA.
Section 4. Severability. If any section, phrase, or clause of this
ordinance is for any
reason held to be unconstitutional, such decision shall not affect
the validity of the remaining
portions of this ordinance.
Section 5. Effective Date. This Ordinance shall be in full force
and effect commencing
thirty (30) days after the date of its adoption and a summary
hereof shall be published once
within fifteen (15) days of passage in a newspaper of general
circulation printed and published in
the County of Monterey and circulated in the City of
Gonzales.
This ordinance was introduced and read on the ______ day of _____,
2019, and was
finally adopted on the ___ day of _____, 2019, by the following
vote:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSTAIN, Councilmembers:
ABSENT, Councilmembers:
4.22.030 Storage Containers on Residential Property – Quantity and
time limits.
4.22.040 Permitted use with a valid building permit and business
license.
4.22.050 Exempt.
4.22.010 Definitions.
For the purpose of this Chapter the following terms shall
apply:
“City rights-of-way” shall mean streets and alleys owned by the
City.
“Large refuse containers” shall mean refuse containers in excess of
one hundred (100) gallon capacity
used for collection of garbage, rubbish and/or refuse.
“Storage containers” shall mean any container, storage unit,
shed-like container, cargo boxes, “portable
on-demand storage structures (e.g., “PODS”),” or other portable
structure that can be or is used for any
purpose. The maximum height allowed is eight feet (8′), six inches
(6″). Maximum length allowed is twenty
feet (20′). Maximum width allowed is eight feet (8′).
4.22.020 Permit required for storage container on City
rights-of-way.
(A) No person shall cause or allow a large refuse container or
storage container to be placed on any City
rights-of-way without first obtaining an encroachment permit
provided by the City.
(B) Before placing a large refuse container or storage container on
any City rights-of-way a person must
submit a request via the encroachment permit application to the
Public Works Director or designee, to
include at a minimum the size of the container, proposed location
within the right-of-way, length of time
for placement, and reason for placement.
(C) A current City business license and an insurance certificate
providing liability insurance in the amount
of one hundred thousand dollars ($100,000) [ need to verify that
this amount represents an industry
average] provided by the company supplying the storage container
must accompany the letter or form
application. The Public Works Director or designee shall approve
the request if approval would be
consistent with this Chapter, and if approval would not be
detrimental to the health, safety, and welfare of
the City and its residents and visitors.
(D) Storage container shall not extend beyond curb face more than
8’6”, or 8’6” from bottom of rolled
curb.
7-5-030 Storage Containers on Residential Property – Quantity and
time limits.
(A) No person shall cause or allow a large refuse container or
storage container to be placed on any
residential property without first obtaining authorization provided
by the Community Development Director
or designee.
(B) Before placing a large refuse container or storage container on
a residential property a person must
submit a request via a letter to the Community Development Director
or designee, to include at a
minimum the size of the container, proposed location, length of
time for placement, and reason for
placement.
(C) In residential areas, one (1) storage container shall be
allowed for a period not to exceed thirty (30)
days with no extensions. Approval for two (2) storage containers
for simultaneous use on a residential
property shall be limited to seven (7) days with no extensions. No
residential property shall be granted
more than two (2) storage container permits within any twelve (12)
month period.
(D) Storage containers on residential property shall be placed on
hardscape only and not on soil or grass
surface.
(E) A current City business license and an insurance certificate
providing liability insurance in the amount
of one hundred thousand dollars ($100,000) [ need to verify that
this amount represents an industry
average] provided by the company supplying the storage container
must accompany the letter or form
application. The Community Development Director or designee shall
approve the request if approval
would be consistent with this Chapter, and if approval would not be
detrimental to the health, safety, and
welfare of the City and its residents and visitors.
(F)
4.22.040 Permitted use with a valid building permit and business
license.
(A) The provisions of this Chapter shall not apply to the use or
placement of storage containers pursuant
to a valid building permit and business license.
(B) Persons obtaining a building permit from the City must receive
approval from the Public Works
Director designee for the location and duration of the placement of
the storage container prior to the
issuance of said building permit. There shall be no fees associated
with the approved placement of the
storage container with a valid building permit if said container is
placed on private property.
(C) No storage containers are allowed on a sidewalk, or infringe on
a sidewalk, whether approved with a
valid building permit, or pursuant to other provisions of this
Chapter.
4.22.050 Exempt.
The following storage containers are exempt from this
Chapter:
(A) Storage Containers at the City Corporation Yard. Said
Container(s) shall be visually screened behind
fencing, or walls, or vegetation, or combination thereof.
(B) Storage Containers. Storage containers are allowed in any
nonresidential property in the City but
shall be stored in side or rear yards only and shall be visually
screened behind fencing, or walls, or
vegetation, or combination thereof. In the case a container(s) on
nonresidential designated property is
adjacent to residential property, the container(s) shall be set
back at least five feet (5′) from the side and
rear property boundary. If no fence exists between the commercial
and residential property, it shall be
Packet Pg. 27
)
required that a screening fence shall be installed by the person(s)
responsible for the container(s).
Fencing shall be installed per GMC 12.112.040 (J) (Fences, Walls
and Hedges).
Packet Pg. 28
BUSINESS FROM THE PUBLIC
2. Business from the Public not on the Agenda; any member of the
Public may address the Commission for a period not to exceed three
minutes on any subject not on the Agenda. The Commission will
listen to all communications, but may take no action.
CONSENT AGENDA
REGULAR AGENDA
d. Proposed New Sidewalk Vending Ordinance Chapter 4.18
e. Proposed New Storage Containers Chapter 4.22
BUSINESS FROM PLANNING COMMISSION
6. Oral Communications
4 · 1542 : Ordinance Changes
4.a · State Legislation Summary
4.d · Proposed New Sidewalk Vending Ordinance Chapter 4.18
4.e · Proposed New Storage Containers Chapter 4.22