Chapter 17.56 — PRODUCE STANDS AND PRODUCE MARKETS

• A. The purpose of these regulations is to provide workable, clearly stated land use regulations that allow farmers and growers in the city of Waterford to market their produce directly to local consumers, travelers and tourists.

• B. 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 noncommercial (R) residential, (AG) agricultural and similar districts of the city.

• (Ord. 2011-02 §1)

The following general standards shall apply to all produce stands and produce markets regulated by this chapter:

• A. A produce stand shall not exceed an area greater than six hundred square feet in size, including any outside display area, and sell only raw, unprocessed fruits, vegetables, nuts and other agricultural produce in their raw or natural state that is grown on the site where the stand is located.

• B. A produce market shall include a sales/display area not exceeding three thousand five hundred square feet in size, including any outside display area, 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. Produce markets and produce stands are subject to 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. 2011-02 §1)

• A. One produce market per parcel may be allowed, subject to approval as set forth in this chapter. Applications submitted for review shall be on a form provided by the planning department.

• B. A produce market shall be allowed only if:

  1. It is located within the AG (agriculture) or C (commercial) zoning district subject to the rules, regulations and standards of the applicable district.

  2. When located in an AG district:

     • a. It is accessory to agricultural production on the same parcel.

     • b. At least twenty-five percent of the total area upon which the market is located is devoted to agricultural production.

  • c. The entire parcel is owned or leased by the produce stand/market proprietor.

  • d. The produce market and parking shall be set back from any public right-of-way in compliance with requirements of the AG district zoning. This yard or setback area shall be kept clear to provide unobstructed visibility for motorists.

  • e. There shall be safe ingress and egress from the site as determined under review by the Stanislaus County public works department.

  • f. Produce stands and produce markets may have a maximum of six double-faced freestanding 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.

  • g. A building permit issued by the Waterford city building department shall be required for all structures larger than one hundred twenty square feet or as required by Uniform Building Code.

  • h. The point of origin of each commodity sold at the produce market, including the name of the farm and county where it was grown, shall be prominently displayed using legible lettering.

  • i. Produce markets also may be subject to the laws and regulations administered by other city of Waterford departments including the building, public works department, and, as well as the requirements of other applicable agencies such as the Stanislaus County agricultural commissioner's and department of environmental resources (DER), the California Department of Transportation (CALTRANS) and the California Department of Food and Agriculture (CDFA).

  • j. No agricultural produce may be sold from a motorized vehicle.

  • k. Permits granted in accordance with this chapter may include additional conditions regarding the construction, size, and use of the structure and/or operation.

  • l. Driveway locations shall be approved by the appropriate jurisdiction. Access controls and driveway approaches may be required as needed to insure safety.

3. Commercial produce markets may be permitted subject to the following standards and requirements:

• a. 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 contained in Chapter 17.54 and Waterford city improvement standards, including pavement and stripping, and shall not encroach upon any public rights-of-way or create a traffic hazard.

  • b. A produce market shall be used to sell primarily raw, unprocessed fruits, vegetables, nuts and other agricultural produce in their raw or natural state.

  • c. Up to twenty-five percent of the display area may be used for the display of prepackaged, 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.

  • d. 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.

  • e. Except as otherwise provided herein, no taxable items, including but not limited to petroleum products, alcoholic beverages, tobacco or magazines, may be sold or

dispensed at produce markets.

  - f. 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. 

4. When located in a C district a produce market will be subject to all rules, standards and requirements of the C district within which it is located including, but not limited to:

   • a. Parking;

   • b. Driveway location;

   • c. Signage;

   • d. Setback;

   • e. Outdoor displays and sales, etc.

• (Ord. 2011-02 §1)

Produce stands are permitted within C, I, AG or RS districts subject to rules of and issuance and approval of a temporary use permit issued in accordance with Chapter 17.74 and subject to the following standards and requirements:

• A. One off-street parking space shall be provided for a produce stand in a manner that accommodates safe and reasonable vehicular access to the stand and does not create a hazard or public nuisance to normal vehicular traffic in the area or have an adverse impact on adjacent properties.

• B. 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.

• C. Produce stand structures not used for a period of one hundred twenty consecutive days 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.

• D. Cold storage shall not be allowed in conjunction with a produce stand operation.

• E. Signs may only be placed in accordance with the sign rules applicable to the district within which the produce stand is located.

• F. A produce stand may located within the front yard setback area in back of the property line or sidewalk and does not create a visual obstruction to traffic and/or otherwise obstruct pedestrian traffic in the area.

• (Ord. 2011-02 §1)