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.
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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.
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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.
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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
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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
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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
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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
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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:
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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“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
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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).
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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