SUAC County Proposal for Staff Review

8/10/2019 SUAC County Proposal for Staff Review

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Sacramento Urban Agriculture Coalition

Proposal

Urban Agriculture Ordinancefor the County of Sacramento

December 2014

Compiled from input from members of SUAC by

Matt Read & Paul Trudeau, SUAC & Sacramentans for Sustainable Community Agriculture

click here to go to Table of Contents

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Table of Contents

(click on any item to go to the relevant section)

Definitions

Allowed Uses Table

Use Standards

Maintenance

Equipment

Structures

Animals

Urban Agriculture Stands

Trash

Compost

Fencing

Nonconforming uses

Further information On-site Sales

Pesticide Use

Water

Fees

Urban Agriculture Incentive Zones (AB 551)

Information Gateway

Public Land

Appendix 1: City of Sacramento staff draft Urban Agriculture Proposal, 10/31/2014

Appendix 2: Graphic depiction of proposed Urban Ag Use Standards for Animals

Appendix 3: Additional resources


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Definitions

Unless otherwise noted, the following definitions are from County Zoning Code Update 2nd Public

Review Draft Aug. 2014. Where the County Update Draft differs from current County code, additions are

noted in bold underlineand deletions are noted in bold strikethrough.

Agricultural Uses, General

The primaryuse of the premises for agriculture, including the cultivation of the soil for the productionand harvesting of crops, the care and breeding of livestock, pastureland, horticulture, dairying,

beekeeping, viticulture, and the storage and minor repair of agricultural vehicle and equipment used

for the processing and transportation of the products grown on the premises. Hog farms, kennels,

and feedlots are excluded.

Agricultural Uses, Incidental

Row crop cultivation and animal husbandry other than kennels, hog farms, feedlots, and the keeping of

pets, provided the activity is conducted on a hobby type basis for personal use or consumption and

further provided that such activity is not a primary use of the premises. Accessory structures for such

uses include, but are not limited to, any stable, shed, corral, coop, hutch, pen or similar structure

which is related to the incidental agricultural use of the premises.

PROPOSED BY SUAC:

Urban Agriculture

Growing fruits, herbs, and/or vegetables and/or raising animals in an urban area for food or other

purposes. Urban agriculture includes, but is not limited to, market gardens and community

gardens.

California Government Code, Title 5, Division 1, Part 1, Chapter 6.3, Section 51040.3 (c) (AB 551):

Agricultural usemeans farming in all its branches including, but not limited to, the cultivation and

tillage of the soil, the production, cultivation, growing, and harvesting of any agricultural or

horticultural products, the raising of livestock, bees, fur-bearing animals, dairy-producing animals,

and poultry, agricultural education, the sale of produce through field retail stands or farms stands as

defined by Article 5 (commencing with Section 47030) of Chapter 10.5 of Division 17 of the Food

and Agricultural Code, and any practices performed by a farmer or on a farm as an incident to or in

conjunction with farming operations. For purposes of this chapter, the term agricultural use does not

include timber production.

Beekeeping

Beekeeping (or apiculture) is the maintenance of honey bee colonies, commonly in hives. A

beekeeper (or apiarist) keeps bees in order to collect honey and beeswax, for the purpose of

pollinating crops, or to produce bees for sale to other beekeepers.

California Food and Agriculture Code, Section 13752 (AB 1990, 2014).

Community food producer means a producer of agricultural products on land that is not zoned for

agricultural use but is otherwise in compliance with applicable local land use and zoning restrictions,


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including, but not limited to, restrictions governing personal gardens, community gardens, school

gardens, and culinary gardens.

Community Garden

A garden established and maintained by any group of persons for the sole purpose of providing food for

personal consumption no retail sales are permitted.

PROPOSED BY SUAC: revise the above definition of Community Garden as follows:

Community Garden

A garden established and maintained by any group of persons for the sole primary purpose of

providing food for personal consumption no retail sales are permitted.

If Community Garden definition is revised as we propose, then Crops, Raising and Harvesting

definition will need to be similarly revised, as noted below.

Cottage Food Operations

An enterprise that produces non-potentially hazardous food products in a non-commercial kitchen

within a dwelling that the operator resides. These food products may be sold directly orindirectly to consumers, restaurants or markets.

Crops

Any whole edible portion of a plant in its raw and natural state and non-edible crops, such as

flowers.

Locally Grown Crops

Crops grown within the Sacramento, Yolo, Solano, Contra Costa, San Joaquin, Amador, El

Dorado, Placer, Sutter, and Yuba Counties.

Non-Locally Grown Crops

Crops grown outside of the 10 counties described above.

Crops, Raising and Harvesting

The commercial raising and harvesting of agricultural and horticultural uses, including but not

limited to production of grains, field crops, vegetables, fruits, nut trees, herbs, flowers and seed

production, nursery stock and ornamental plant production (including plants, trees, shrubs and

ground covers grown in containers or green houses). Does not include the use intended for

personal consumption (e.g., gardening or a community garden).

PROPOSED BY SUAC:Crops, Raising and Harvesting

The commercial raising and harvesting of agricultural and horticultural uses, including but

not limited to production of grains, field crops, vegetables, fruits, nut trees, herbs,

flowers and seed production, nursery stock and ornamental plant production (including

plants, trees, shrubs and ground covers grown in containers or green houses). Does not

include the use intended for personal consumption (e.g., gardening).


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Farm

A place where agricultural production is the primary use.

Farm Stay

A working farm on which bedrooms are made available for rent in a farm house or in a detached

structure, and where lodging and overnight sleeping accommodations are provided for a stay of

no more than fourteen (14) days, either with or without meals.

Farmers Market, Certified

A public marketplace for fruits, vegetables, and other products (primarily agricultural-related

products), either indoors of out-of-doors that has been issued a direct marketing certificate by

the County Agricultural Commissioner indicating that the marketplace is a certified farmers

market.

Food Processing Industry Any activity involving (a) the storage, primary processing, or primary

manufacturing of raw agricultural products or by-products by products, and (b) the secondary

reprocessing, conversion, or compounding of previously processed bulk agricultural products so long

as it occurs on the same site and in conjunction with an operation also involved in the primaryprocess, except canneries, distilleries, wineries, and breweries.

Food Production and Wholesales

Includes the farming, production, and processing of food to sell to a retail food establishment such

as a restaurant or grocery store food manufacturers or warehouse for food distribution.

Examples include, but are not limited to, a wholesale baker or butcher.

Green waste

Organic waste generated by landscape garden or agricultural operations consisting of lawn

clippings, tree and shrub prunings, wood, and miscellaneous soil material. This is categorized as

material which can be used to process into compost or wood chips for reuse.

Green waste Facility

Facility that accepts garden, wood, and other organic waste to reprocess into compost, wood chips,

or other products, including the use of power-driven processing equipment. Facilities which

receive green waste (garden, wood, or other organic waste) for shipment to another facility for

reprocessing or composting are included in this type of facility. A green waste facility does not

include the chipping and grinding of construction and demolition debris.

Hog Farm

Any place where two or more head of swine are maintained, raised, fed, or fattened.

Home Occupation

A use conducted in a dwelling unit that is clearly incidental and subordinate to the use of the dwelling for

residential purposes. Such use shall not be considered to be incidental and subordinate unless all of the

criteria outlined in Section 305-201 the accessory use standard of Section 3.9.3.F, Home

Occupation, are met.


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Incidental Agricultural Uses Agricultural Uses, Incidental

Row crop cultivation and animal husbandry other than kennels, hog farms, feedlots, and the

keeping of pets, provided the activity is conducted on a hobby-type basis for personal use or

consumption and further provided that such activity is not a primary use of the premises.

Accessory structures for such uses include, but are not limited to, any stable, shed, corral, coop,

hutch, pen, or similar structure which that is related to the incidental agricultural use of the

premises.

Incidental Keeping of Animals

Any animal husbandry activity conducted on a hobby-type basis for personal use or consumption

other than kennels, hog farms, feedlots, and the keeping of pets and which is not the primary

use of the premises. Accessory structure to support such activities typically include, but are not

limited to, a stable, shed, corral, coop, hutch, pen, or similar structure.

Incidental Retail Sales

The public sale of goods and services incidental to a permitted primary use. For example, in the

case of a permitted industrial use, up to 25 percent of the sales and stockroom area may be

devoted to parts sales to the general public.

Incidental Use

A use which is subordinate and of minor consequence to the primary use on the same site and occupies

not more than 25 percent of the gross floor area and less than 25 percent of the outdoor storage area.

PROPOSED BY SUAC:

Market garden

A garden established for sale or donation of its produce or animal products to the public.

Ministerial Action

Approvals which involve the use of fixed standards or objective measures without requiring the use

of personal or professional judgment e.g. issuance of building permits and licenses, approval of

final subdivision or parcel maps, and individual utility service connection sign-offs.

PROPOSED BY SUAC:

Produceshall have the same meaning as in Section 12504 of the California Food and

Agricultural Code (Producemeans any food in its raw or natural state which is in such

form as to indicate that is intended for consumer use with or without any or further

processing). [mirrors City of Sac proposed language]

Crop Sales, BuildingA roadside building enclosed on at least three sides and of limited size to be used seasonally as a

fresh vegetable, fruit and nut sales area for crops grown both on the premises and/or off-site.

Crop Sales, Stand

An uncovered table or platform with no sides and no closed storage area for the roadside seasonal

on-site sale of home grown agricultural crops of fruits, vegetables and nuts.


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Community Stand

A retail stand operated by a nonprofit organization, which sells shell eggs, locally grown crops, a

limited amount of non-potentially hazardous prepackaged food and food preparation related

items.

Roadside Crop Sales

Roadside sale of fresh vegetables, fruits, nuts, and other agricultural crops grown on the premisesor off site.

Agricultural Market

A market located within a permanent building, which sells eggs, locally grown crops, a

limited amount of non-potentially hazardous prepackaged food, and agricultural and

food preparation related items.

Community Event (Field Retail Stand, Farm Stand, Produce Stand, and Agricultural

Market)

A community event that is of a civic, political, public, or educational nature that is held on

the premises of a field retail stand, farm stand, produce stand, or agricultural market andthat may include additional booths.

Farm Stand

A field retail stand that sells eggs, crops grown by the producer on premises controlled by

the producer, a limited amount of non-potentially hazardous prepackaged food, and

food preparation related items.

Field Retail Stand

A retail stand that sells only shell eggs, crops grown by the producer on premises

controlled by the producer and food preparation related items.

Non-Potentially Hazardous Food

A food that does not require time or temperature control to limit pathogenic microorganism

growth or toxin formation.

Prepackaged Food

Any properly labeled processed food, prepackaged to prevent any direct human contact

with the food product under distribution from the manufacturer, food facility, or other

approved source.

Produce StandA retail stand, located within a permanent building, which sells eggs, locally grown crops

and food preparation related items.


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PROPOSED BY SUAC:

Urban agriculture stand

A retail stand accessory to a permitted urban agriculture use that sells locally grown fresh

vegetables, fruits, nuts, and other agricultural crops, eggs, a limited amount of non-potentially

hazardous prepackaged food, and agricultural and food preparation related items.

Sign, PortableAny on-site or off-site advertising device, as described in Section 130-159 under the definition for sign,

which is not permanently attached to a building or to the ground.

Structure

Anything constructed or erected which requires location on the ground or attached to something having

location on the ground, but not including fences or walls used as fencesthat are seven (7) feet or less

in height.

Temporary Concession Concession, Temporary

A temporary concession is any Anyindividual retail sales operation from a location not involving a

permanent building for the purpose of housing or conducting sales using a temporary table, stand, cart,or similar equipment but not including a mobile vending vehicle licensed and operated pursuant to

the provisions of the Sacramento County Code. The sale of food for on-site consumption is

prohibited. The operation of the temporary concession stand is subject to the development

standards in Sections 315-02. (Adopted 2/88)


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Proposed Allowed Uses Table


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Use Standards

Section 3.4.12

Urban Agriculture

Purpose and Intent

This chapter is adopted to implement the goals, objectives, and policies of the countys general plan

relating to open space, agriculture, conservation, and air quality.

Applicability

This chapter applies to urban agriculture in residential and nonresidential zones, as addressed in the

Zoning Districts and Land Use tables contained in this code.

A. Maintenance. Urban agriculture uses shall be maintained in an orderly manner, including litter

removal, irrigation, weeding, pruning, pest control and removal of dead or diseased plantmaterials.

B. Equipment: Use of mechanized farm equipment is generally prohibited in residential districts

provided, however, that during the initial preparation of the land heavy equipment may be used to

prepare the land for agriculture use. Landscaping equipment designed for household use shall be

permitted. Equipment, when not in use, shall be enclosed or otherwise screened from sight.

C. Structuresto support urban agriculture, such as storage tool sheds, greenhouses, produce

stands, and instructional space are permitted, subject to the zoning district regulations.

D. Animals: The maintenance of the following domestic animals is allowed to support urbanagriculture subject to the regulations contained in this section:

1. Animals (except chickens, ducks, and fish) allowed by this part must be kept in an

area separate from where any plants are grown, and that are intended for sale.

2. Egg-laying chickens, egg-laying ducks, rabbits, and similar animals are allowed

subject to the following restrictions:

a. Residentially zoned parcels may have one of these animals for every 800

sq/ft.

b. When these animals are kept on improved residential parcels, the animals

must be kept in the rear yard only.c. Nonresidentially zoned parcels may have one of these animals for every 400

sq/ft.

d. Any structure for keeping the animal must be at least 20 feet from a

neighboring residential structure.

3. Roosters, turkeys, geese, and similar animals are allowed subject to the following

restrictions:


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a. One of these animals may only be kept on residential parcels not smaller

than 1 acre (43,560 sq. ft.), in either residential or non-residential zoning

districts.

b. When these animals are kept on a qualifying parcel, they are allowed at a

rate of one per acre (43,560 sq. ft.)

c. One additional animal of this type is allowed for every 20,000 sq. ft over

one acre.

d. Areas used by the animals must be at least 100 feet from an adjacentresidential structure.

4. Pigs, goats, sheep, and similar animals are allowed subject to the following

restrictions:

a. Pigs must be under 150 lbs. and no more than 2 pigs are allowed on any lot.

b. Areas where the animals may access shall not be with 50 from any

neighboring building used for dwelling purposes, food preparation, food

service, school, hotel or as a place of public assembly.

c. On residential lots:

i. One of these animals may only be kept on residential parcels not

smaller than 20,000 sq. ft.

1. Except goats, of which two are allowed on a parcel notsmaller than 20,000 sq. ft. Goats shall not be kept singly.

ii. One additional animal of this type is allowed for every 2000 sq ft.

over 20,000.

d. On nonresidential lots

i. One of these animals may only be kept on nonresidential parcels not

smaller than 14,400 sq. ft.

1. Except goats, of which two are allowed on a parcel not

smaller than 14,400 sq. ft. Goats shall not be kept singly.

ii. One additional animal of this type is allowed for every 1200 sq ft.

over 14,400.

5. Horses, cows, alpacas, llamas, and similar animals are allowed subject to the

following restrictions:

a. These animals may only be kept on parcels not smaller than 20,000 sq. ft. in

either residential or non-residential zoning districts.

b. Areas used by the animals must be at least 20 feet from an adjacent

residential structure.

6. Bees

a. Beekeeping is allowed subject to the County Use Standards for beekeeping

(3.4.2).

7. None of these provisions are intended to displace otherwise applicable nuisance,

animal welfare, and health and safety laws.a. i.e. 4.3.3.D. Bird and Rodent Nuisances - No use shall be conducted or

operated in such a manner as to cause a concentration of rodents, birds, or

other animals in such numbers that may directly or indirectly interfere with

the safe operation of general aviation craft within or above the disposal

area, or in any other way constitute a threat to the public health or safety.

[no change from current code]


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G. Compost: Compost systems shall be maintained to be free of pests and odors. Compost

systems may not be located within 20 feet of a residential building on an adjacent parcel without

permission from residential buildings owner.

H. Fencing:

1. Fences are permitted as regulated in the underlying zoning district.

2. Notwithstanding section 5.2.5, Development Standards for Walls and Fences, the

development, improvement, or use of a lot for urban agriculture shall not requirethe provision of a solid wood fence or masonry wall along property lines adjacent

to Residential or Agricultural-Residential Zones.

I. Nonconforming uses: Urban agriculture uses that existed prior to enactment of this ordinance

are considered to have been legally established. If they do not meet the current regulations, they

are nonconforming, and changes to size, operation, or other aspects are regulated by 1.9,

Nonconformance.

Further Information on On-site Sales

As detailed above, the regulation of on-site sales would occur through the use standards on urban

agriculture stands.

This is an even stronger possibility now because of a bill passed last legislative session. AB 1990

authorized a community food producer or a gleanerto sell or provide whole uncut fruits, vegetables, or

unrefrigerated shell eggs, directly to the public or to a restaurant. This is so only if the community food

producer meets specified requirements, including that the produce is labeled with the name and address of

the community food producer and that egg production is limited to 15 dozen eggs per month. This law

also empowers health officers to regulate problem sellers.


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Pesticide Use

The State has jurisdiction over pesticides, enforced via the county agricultural commissioner. See

California Food and Ag Code, section 11501.1. The County may be able to incentivize pesticide-free

urban agriculture to some extent:

PROPOSAL: AB 551 property tax incentives for urban agriculture (see below) and lower irrigation water

rates would only be extended to operators that do not use conventional pesticides.

PROPOSAL: County could also prohibit use of pesticides on County-owned land used for urban

agriculture. See also Public Land section below.

Public Land

Many municipal governments have sought to convert underutilized county-owned properties to

food production in order to beautify and invigorate neighborhoods and impact community health. This has

been achieved by the following methods, any or all of which the County of Sacramento could adopt:

developing lease programs to connect urban farmers with county-owned properties. providing for the ongoing management and acquisition of urban agriculture on county lots

through the development of a land trust

increasing land tenure by protecting urban agriculture on county lots as part of an Open Space

plan.

as mentioned in Pesticides section, the county could prohibit use of pesticides on county-owned

land used for urban agriculture.

Water

PROPOSAL: that the County establish a grant program to offset cost of new water hookups for urban

agriculture operators that minimize use of conventional pesticides and fertilizers and use only

water-conserving methods such as drip irrigation or aquaponics. Funding could come from

Farm-to-Fork activities or other sources.

Fees

PROPOSAL: The County would make permitting/review fees as low as possible. If the County wants to

further jump-start and promote development of urban agriculture, a temporary (7 year?) moratorium

on fees for CUPs and associated hearings would be a tool to achieve that. Fees may be offset by

proceeds from increased General Business Tax revenue and Farm-to-Fork week Urban AgShowcase.

PROPOSAL: Urban agriculture uses would be exempt from requirement for businesses to have a General

Business License (as are most general agriculture uses currently).


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Information Gateway

It is imperative to make sure residents understand how they can take advantage of the code changes and

programs contained in the Urban Agriculture Ordinance. We propose developing an information

gateway that includes information related to:

Finding the size of a lot and its zone

Determining the amount and type of animals a lot can support Determining options for selling goods, including information on Business Operations Taxes

and County Health & Safety Codes

Limitations of activities that can be done as part of an Urban Agriculture operation

Value-added products and how they can supplement farm income

Leasing and land access for residents looking to get into Urban Agriculture

Water conservation and pest management

Tool, seed, and compost resources.

Sacramentos information gateway could be maintained via one of the Coalition members in partnership

with the County.


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Appendix 1: City of Sacramento staff draft Urban Agriculture Proposal, 10/31/2014

Earlier in 2014, SUAC presented an Urban Agriculture Ordinance proposal to the City of Sacramento.

City Staff reviewed it and shared a modified proposal with SUAC on 10/31/2014 for feedback.

SUAC had a few minor requests for additional modifications, at least some of which City staff agreed

to incorporate. The City is now going through another internal review process for the most current

proposal before presenting it to the City Planning and Design Commission.

The Citys 10/31/2014 proposal included a list of definitions, sample code language and tables for three

representative zones (one residential, one commercial, and one industrial), and special use regulations

(what the County could call use standards.). City staffs list of definitions and the code language

and tables were all-inclusive that is, they included ALL the language of the relevant code sections,

not just the language pertaining to Urban Agriculture. As such, those documents were very long.

SUAC has distilled copies of those documents down to just the parts relevant to Urban Agriculture.

They are available for viewing here:

Definitions - City staff proposal 10/31/2014 - abridged

Residential zone - City staff proposal 10/31/2014 - abridged

Commercial zone - City staff proposal 10/31/2014 - abridgedIndustrial zone - City staff proposal 10/31/2014 - abridged

Special use regulations - City staff proposal 10/31/2014 - abridged

The full text of the Citys original 10/31/2014 documents is available for viewing here:

Definitions - City staff proposal 10/31/2014 - full text

Residential zone - City staff proposal 10/31/2014 - full text

Commercial zone - City staff proposal 10/31/2014 - full text

Industrial zone - City staff proposal 10/31/2014 - full text

Special use regulations - City staff proposal 10/31/2014 - full text


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https://drive.google.com/file/d/0B4VtCfgil_TZOHJ0THAxZ3Y1MHU2SzlsaGROb21iVXVSQW1N/view?usp=sharinghttps://drive.google.com/file/d/0B4VtCfgil_TZajZkejZtQXhJS2NzYkVqZ2trUGt1U0oxU0hV/view?usp=sharinghttps://drive.google.com/file/d/0B4VtCfgil_TZcTJNaFE4dW9rXzFQbld1eml6ZGI0VV9rVmlB/view?usp=sharinghttps://drive.google.com/file/d/0B4VtCfgil_TZdWZPcE9xbEQwdlFnUU95NXo1T0pLUUZMa1Br/view?usp=sharinghttps://drive.google.com/file/d/0B4VtCfgil_TZUk00VHRXUXdyNVE/view?usp=sharinghttps://docs.google.com/document/d/1gbD6YB4d9gFXrR7jb3WsjDm_6QBrzyDZIuIF9Pwibqw/edit?usp=sharinghttps://docs.google.com/document/d/1iSbVKWvkrsD3q82Jw18-1FYgIdkxH-NA2FYRQ7k-KH0/edit?usp=sharinghttps://docs.google.com/document/d/1gbD6YB4d9gFXrR7jb3WsjDm_6QBrzyDZIuIF9Pwibqw/edit?usp=sharinghttps://docs.google.com/document/d/1B8rO6ycYq-QKJvKBEpU0tZ0OPY_gA_TJ9cuam_BGMEY/edit?usp=sharinghttps://docs.google.com/document/d/1gbD6YB4d9gFXrR7jb3WsjDm_6QBrzyDZIuIF9Pwibqw/edit?usp=sharinghttps://docs.google.com/document/d/19JSLKHVwa6LkcqUl3wUm-oPcPwafCOSg0JNSH7ZznuY/edit?usp=sharinghttps://docs.google.com/document/d/1gbD6YB4d9gFXrR7jb3WsjDm_6QBrzyDZIuIF9Pwibqw/edit?usp=sharinghttps://docs.google.com/document/d/1IFw_bxcrl1iWwCYbmGPb7eoAT6Y-v3lBtMzFRxLaDJ4/edit?usp=sharinghttps://docs.google.com/document/d/1gbD6YB4d9gFXrR7jb3WsjDm_6QBrzyDZIuIF9Pwibqw/edit?usp=sharing


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Appendix 2: Graphic depiction of proposed Urban Ag Use Standards for Animals


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Appendix 3: Additional References and Resources

General

Sustainable Economies Law Centers Urban Ag Law website, www.urbanaglaw.org, is still in

development but has a wealth of relevant information.

Guide to Starting a Garden or Urban Farm, San Francisco Urban Agriculture Alliance (SFUAA),sfuaa.org.

Urban Agriculture: Growing Health, Sustainable Places, Hodgson, Caton Campbell, & Bailkey,

American Planning Association, 2011. (Paul Trudeau has a copy)

Cultivate L.A.: An Assessment of Urban Agriculture in Los Angeles County, June 2013,

http://cultivatelosangeles.org/

notes from June 2013 meeting between City staff & community organizations regarding Sacramento

Urban Agriculture: Meeting Notes and next steps_ 6-26-13.docx - available from SUAC

Olivia Brown, Ubuntu Green: Memo re: Examples for Sacramento--Urban Agriculture Ordinances in San

Francisco, San Diego, Detroit & Chicago, June 13, 2013. - available from SUAC

Accessory Structures

SELC: http://www.urbanaglaw.org/building-codes/ topics:

Greenhouses and Hoop Houses

Animal Shelters and Chicken Coops

Rooftop Gardens

Other Relevant Structures/Uses

Building Code Information By City

Portland, OR: 33.420.045 Exterior activities and development for Agriculture uses are exempt from

design review.

Animals

Cleveland animal code 347.02:

http:/planning.city.cleveland.oh.us/zoning/pdf/34702FarmAnimalsandBees.pdf

Seattle: up to 8 domestic fowl on any lot (in addition to small animals) if lot exceeds 10,000 sf, 1

additional per additional 1000 sf. So, for 40x80 lot, up to 8.

San Francisco: Bee hives do not require any permit, registration, or inspection. (see SFUAA Guide, listed

in Appendix 3)


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Austin, TX: Harvesting of fish allowed in single-family use zones commercial animal processing is

allowed in all other zones.

http://www.austin360.com/weblogs/relish-austin/2013/nov/22/council-passes-urban-farm-restrictions-

rejects-/

SELC: http://www.urbanaglaw.org/animals-and-livestock/ topics:

Who governs Food-Producing Animals (FPAs)?What types of local law govern FPAs?

Zoning Laws

Animal Welfare Laws

Public Health Laws

Nuisance Laws

Who regulates processing and consumption?

Who regulates sales?

How do I find info about raising FPAs in my city?

I found my city ordinances. How do I change them?

What are some cities doing?

Urban livestock ownership, management, and regulation in the United States: An exploratory survey and

research agenda Nathan McClintock, Esperanza Pallana, Heather Wooten in Land Use Policy,

Volume 38, May 2014, Pages 426440.

www.sciencedirect.com/science/article/pii/S0264837713002676.

Community Gardens

Seattle allows urban agriculture in all residential, commercial, and industrial zones.

Portland, OR: maximum agriculture area allowed on a site is increased by 50% if Neighbor Notification

and Meeting requirements are met. Permitting requirements vary depending on whether use is a

Market Garden or not.

San Francisco:

--urban agriculture under 1 acre: allowed in all zones

--1 acre or larger:

allowed by right in Commercial, Industrial, Production, Distribution, Repair zones

allowed with CUP in all other zones.

--there is a process for establishing a rooftop garden (see SFUAA Guide, listed in Appendix 3)

SELC: http://www.urbanaglaw.org/planning-and-zoning/


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Equipment

San Francisco: Use of mechanized farm equipment is generally prohibited in residential districts

provided, however, that during the initial preparation of the land heavy equipment may be used to

prepare the land for agriculture use. Landscaping equipment designed for household use shall be

permitted.

AB 1244: Only mechanical equipment designed for household use.

--Portland, OR: In residential zones, operation may begin at sunrise or 7 AM, whichever is earlier, and

must end at sunset or 9 PM, whichever is later. A Market Garden is operating if people are on the site.

Automatic equipment functioning, such as sprinklers, is not considered operation. Use of motorized

equipment in residential zones is allowed only between 7 AM and 9 PM. Fences. Fences are

regulated by the base zones. Signs are regulated by Title 32, Signs and Related Regulations. Parking

& Loading is regulated separately from agriculture uses. Regs vary by zone and use, but generally, no

parking is required except perhaps as specified in a Conditional Use Permit. See Chapter 33.266 of

Portlands zoning code.

Information Gateway

San Francisco has an excellent gateway maintained by the San Francisco Urban Agriculture Alliance

http://www.sfuaa.org/resources.html. The City has 1.5 FTE staff dedicated to Urban Agriculture

(total cost ~$120,000), plus many others who spend part of their time on Urban Ag. Total annual City

budget dedicated to urban agriculture comes to ~$4 million (!) (see the Citys 2013 UA strategic plan

& evaluation http://www.sfuaa.org/uploads/4/8/9/3/4893022/urban_ag_strategic_plan_final.pdf)

Boston has a very user-friendly guide to their urban agriculture law passed in 2013:

http://www.cityofboston.gov/images_documents/usersguide_july-1_tcm3-45895.pdf

Detroit: Community group Keep Growing Detroit says it works closely with the City Planning

Commission to help Garden Resource Program members navigate the permit process.

Portland: Citys website has minimal info and links on urban agriculture at

https://www.portlandoregon.gov/bes/55188. Private farms and community groups have websites with

info on urban agriculture.

Austin, TX: Parks & Rec Department created a position in 2011 for community garden projects. Later,

the positions responsibilities were expanded to include more aspects of urban agriculture (per Heather

Frambach on https://archive.org/details/ShadesOfGreenJuly112013)

Seattle: City has a 3-page handout explaining basics of all aspects of urban agriculture regulations, with

references for more info: www.seattle.gov/dpd/publications/cam/cam244.pdf


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Somerville, MA: City has a 24-page handout explaining all aspects of urban agriculture regulations,

including copies of permit applications:

www.somervillema.gov/sites/default/files/SomervillesABCsOfUrbanAgriculture_5.pdf

Nonconforming uses (grandfather clause)

PROPOSAL: In 17.228.127 Special use regulations for Urban Agriculture, include:

Portland, OR: Community garden and urban agriculture uses that existed prior to enactment of this

ordinance are considered to have been legally established. If they do not meet the current regulations,

they are nonconforming, and changes to size, operation, or other aspects are regulated by Chapter

17.232, Nonconforming Uses.

On-site Sales

Nationwide, hours vary from jurisdiction to jurisdiction: 8 am - 7 pm, 6 am - 8 pm, 7 am - 7 pm,

sunrise-sunset, etc.

San Francisco: on-site sale of produce (including honey) and eggs is allowed by right in all zones

whether or not there is a dwelling. No restrictions on numbers of days open per week. No permit

required unless sampling is offered or value-added products are to be sold. The primary ingredients of

value-added farm products sold are required to be grown and produced on-site.

Seattle: on-site sales allowed in all zones.

Detroit: Sales of farm products are allowed at a farm stand located on the property where the farm

product is produced.

Portland, OR: In residential zones, on-site sales are allowed as accessory to the agriculture use no

parking is required exterior display is allowed only food and value-added products made from

produce grown on site, such as jams and pickles, may be sold sales are allowed between 7 AM and 9

PM and sales are allowed up to 70 days in each calendar year. In nonresidential zones, on-site sales

are a Retail Sales And Service Use no parking is required exterior display is allowed and only food

and value-added products made from produce grown on site, such as jams and pickles, may be sold.

Portland, OR: Sales of produce from a Community Garden may occur for no more than three consecutive

days on two different occasions during a calendar year. Sales must occur on-site.

Cleveland:

--Farm Stand = a temporary structure used for display or sale of produce

--public zoning hearing required

--building permit required

--no more than 2% lot coverage

--maximum 200 sf in 1- and 2-Family districts


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--18 setback

--must be removed during off-season

--can sell agriculture products, plants, eggs, and honey produced on-site (or produced within 1000) IF

--agriculture is the only use of the property OR

--agriculture occupies at least 75% of property OR

--agriculture occupies at least 4000 sf

--can sell foods prepared on-site or off-site, if made mainly with ingredients grown on-site or within

1000.--hours: 8am to dusk

--food sales subject to licensing by Dept. of Health

No restrictions on numbers of days open per week.

Sonoma County allows only raw unprocessed fruits, nuts, vegetables and herbs.

San Diego allows a percentage of products sold to be from off-site sources.

Austin, TX: Third party products should take up to no more than 20% of the farmstands sales area and

be produced in the state of Texas. Market Gardens cannot have a farm stand but can conduct sales out

of sight of the general public on the property, and generate no more than three customer related tripsper day on average.

SELC: urbanaglaw.org/food-ag-and-health/ topics:

How to Legally Sell Unprocessed Produce, Value-Added Products, Eggs, Meat & Poultry, and Dairy

Products, and How to Sell Your Food Products as Organic Background Information Federal, State

and Local Regulations, and Tips for Avoiding Regulatory Hassles

Pesticide Use

California Food and Ag Code, section 11501.1

Public Land

Seattle: Community Gardening Resolution, P-Patch Strategic Plan

https://www.seattle.gov/neighborhoods/ppatch/gardeningresources.htm#Policy

Seattle has been particularly effective at fostering urban agriculture on city-owned lot through its

P-Patch program. The P-Patch Community Gardening Program is managed by the Seattle

Department of Neighborhoods in partnership with the P-Patch Trust, a non-profit corporation. As of

January, 2013, there are 81 P-Patch community gardens, 2650 plots, and 6100 gardeners. Gardens arebuilt on public property owned by city departments, public and private owners. Gardens range from

small to large and from cooperative style (shared plots) to large-tract market gardens (food grown by

low-income farmers to sell). Further, Seattle has committed to protecting its urban agriculture sites by

protecting them as Open Space from subsequent development. This designation also can lower the

sites value, making it more accessible for purchase by urban agriculture practitioners.


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Austin, TX: urbanagriculture_ordinance2.pdf

San Francisco: performed audit of City-owned buildings with potential for rooftop gardens

http://www.sfuaa.org/uploads/4/8/9/3/4893022/urban_ag_strategic_plan_final.pdf

San Francisco: from SFUAA Guide:

Publicly-owned land includes parcels owned by various city, state, or federal government agencies.

Gardens can be started on public land. If your garden is on public land, you may have additionalrestrictions regarding what youre able to do with your garden. Just like private landowners, each city

agency sets its own rules for what is and is not allowed on the public property they oversee. Selling

what you grow on land administered by the Recreation and Parks Department, for example, is

generally prohibited. It will almost certainly take longer to start such a garden than it would on private

land -- but the reward may be that you are creating a community resource that may last for years and

years.

Cleveland: Urban Agriculture Overlay District (DRAFT), Agriculture in Residential Districts, and

Keeping of Farm Animals and Bees at: http:// planning.city.cleveland.oh.us/zoning/cpc.php

Cleveland: Cutting Through the Red Tape: A Resource Guide for Local Food Policy Practitioners &

Organizers, Sanders/Shattuck, Sanders, Food First/Institute for Food and Development Policy

December 2011, p. 8:

The City of Cleveland has acquired a significant number of lots through foreclosure and title transfer. The

Cuyahoga County Land Bank in partnership with the city council, planning department and other

agencies are creating an application process for multiyear leases and single year licenses for

community gardens and entrepreneurial urban agriculture on public land. Leases are required for

farmers making significant infrastructure investments or operating heavy machinery. While the county

requires lessees to carry liability insurance, a local provider worked with urban farmers to develop a

lowcost coverage option. By August 2011, approximately 60 parcels of public land had been leased

for urban agriculture.

Land Use and Planning Policies to Support Community Gardening and Urban Agriculture, Public Health

Law and Policy,

http://norcalheal.cnr.berkeley.edu/docs/CommunityGardenPolicyInventory_PHLP.pdf

SELC: http://www.urbanaglaw.org/land-access/ topics:

Public Land Access

Public Land Use Agreements

How Some Cities Promote UA on Public LandCity Land Inventory Studies

Urban Garden Land Trusts

What is a Land Trust?

The Community Land Trust

Examples and Case Studies


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Rooftop Gardens

Eat Up - The Inside Scoop on Rooftop Agriculture, Lauren Mandel, New Society Publishers, 2013 (Paul

Trudeau has a copy)

Use Your Roof by Bay Localize http://www.baylocalize.org/files/Use-Your-Roof-Final.pdf

Rooftop Gardens: From Conception to Construction by San Francisco Beautiful, sfbeautiful.org

Chicago: rooftop urban farm allowed by right in Commercial, Downtown, Manufacturing zones, and

with CUP in B3 community shopping (large store) zones. (Urban_Ag_Ordinance_9-1-11.pdf)

San Francisco: see SFUAA Guide.

Portland, OR: had an EcoRoof Incentive program including but not limited to rooftop gardens not

currently funded. See https://www.portlandoregon.gov/BES/48724. Case study of a Portland school

rooftop garden: see https://www.portlandoregon.gov/BES/article/428423

SELC: http://www.urbanaglaw.org/building-codes/: Rooftop Gardens

Water

Cleveland: see Cutting Through the Red Tape: A Resource Guide for Local Food Policy Practitioners &

Organizers, Sanders/Shattuck, Sanders, Food First/Institute for Food and Development Policy

December 2011, p. 8

San Francisco Garden Irrigation Meter Grant Program: see http://sfwater.org/index.aspx?page=469 and

SFUAA Guide (listed in Appendix 3):

The San Francisco Public Utilities Commission (SFPUC) Pilot Community Garden Irrigation Meter Grant

Program (Grant Program) is designed to help urban agriculture, community and demonstration

gardens in San Francisco track and manage irrigation water use through the installation of a dedicated

irrigation water service. Installation of a dedicated irrigation water service and meter helps property

owners and tenants accurately track irrigation water use, reduce wastewater fees associated with

indoor uses, and allows for a separate shutoff for the irrigation system if needed. Irrigation meters also

allow owners or tenants to track their usage in relation to their calculated annual water budget

established by the SFPUC. Without a dedicated irrigation meter, it is difficult to measure how much

water is actually used for irrigation at a property.

Provision of grant funding is based on the eligibility of the proposed activity and availability of grant

funds. A maximum of $10,000 in SFPUC fees will be waived per urban agriculture, community or

demonstration garden for the installation of a new dedicated irrigation water service and meter.

Installation of the new service shall be performed by the SFPUC. Each grant application will be

reviewed and evaluated on a first-come-first serve basis until grant funds have been expended.


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Documents

SUAC County Proposal for Staff Review