§ 20.11.226. Holiday sales permit.

1.

Purpose and Intent. Visual community character is directly influenced by the built-environment and will be impacted by the degree of permissiveness of outdoor sales, and permitted activities. Outdoor activities include displays and promotions.

2.

Definition: Holiday Merchandise Sales. The retail sale of holiday products including pumpkins, Christmas trees, and associated crafts.

3.

Authority.

a.

Authority for approval of a holiday sales permit shall be vested with the Community Development Director.

b.

A holiday sales permit shall not be required for events that occur in theaters, meeting halls, or other permanent public assembly facilities. A holiday sales permit may be subject to additional permits, other City department approvals, licenses, and inspections as required by this Title or any other applicable laws and regulations.

4.

Application. An application for a holiday sales permit shall be filed with the Community Development Department not less than twenty calendar days before the date the event is proposed to occur. An application submitted less than twenty calendar days and not less than ten calendar days before the proposed date of the event shall be subject to a late application fee as determined by separate resolution by the City Council. An application for a holiday sales permit shall not be accepted for filing or processing less than ten days prior to the date of the event. An application shall be filed on forms provided by the department, and shall be completed with such information and materials prescribed by the Community Development Director, with applicable fees adjusted from time to time as determined by separate resolution by the City Council. When commercial sales are involved as part of the holiday sales permit, a temporary business license application shall be submitted with a holiday sales permit application (fees are set forth in Section 5.04.240, Business Tax — Flat Rate of the Delano Municipal Code).

5.

Procedure. Within five days of filing a complete application, as determined by Community Development Department staff, for a holiday sales permit, the proposal shall be transmitted for review by the Community Development Department. The proposal may be transmitted to other City departments such as city engineering, public works, fire department and/or external agencies as deemed necessary by the Community Development Director. Within ten days of filing of the application, the above-identified departments shall confer to review the proposal's compliance with the City's General Plan and all other applicable ordinances and standards and, if found acceptable, determine conditions of approval or required revisions for the project proposal. When the application is complete, the project applicant shall be notified of the conditions of approval or needed project revisions identified by the reviewing departments and agencies. If, on the basis of the foregoing review process, the Community Development Director denies approval of the holiday sales permit, the applicant shall be notified in writing of the reasons for such denial.

6.

Holiday Sales. Sales of holiday products (except for fireworks) such as pumpkins, Christmas trees and, associated crafts are permitted on a temporary basis on an existing parking lot in any commercial or industrial zone subject to the following conditions:

a.

All sales items, sales equipment, and temporary structures shall comply with minimum building setback requirements.

b.

The proposed holiday sale shall conform to all provisions of this title and are required to be conducted in a manner which would be compatible with surrounding land uses and traffic patterns.

c.

Holiday sales, except for fireworks stands, on a vacant lot are permitted subject to holiday sales permit application approval by the Community Development Director, subject to the following conditions:

(1)

The operation of the requested holiday sales permit at the location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare;

(2)

The proposed site is adequate in size and shape to accommodate the holiday sales permit without being materially detrimental to the use and enjoyment of other properties located adjacent to and in the vicinity of the site;

(3)

The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the holiday sales permit will or could reasonably be expected to generate;

(4)

Adequate temporary parking to accommodate vehicular traffic to be generated by the holiday sales permit will be available either on site or at alternate locations acceptable to the Community Development Director;

(5)

Other conditions that will ensure the operation of the proposed outdoor sales permit in an orderly and efficient manner and in accordance with the intent and purpose of this Section; and

(6)

Liability insurance of the type and in the amount required by the City's Risk Management Authority.

Table 6 a. Holiday Sales Criteria

Permitted Holiday Sales Uses	Zoning District	Max. No. of Days per Holiday	Max No. of Permits Per Year
Commercial and noncommercial holiday sales, such as pumpkins or Christmas tree sales, and incidental sales of Christmas lights, tree stands, and decorations including gift items.	Commercial and employment zoning districts (I, CRC, GC)	32	1

 

7.

Business License Required. When commercial sales are involved as part of the holiday sales permit, a temporary business license application shall be submitted with a temporary outdoor event permit application (fees are set forth in Section 5.04.240 Business Tax — Flat Rate of the Delano Municipal Code).

(Ord. No. 2017-1294, § 1(Exh. 2), 11-20-2017)