urban ag draft with working group and city comparison pahule's comments

7/21/2019 Urban Ag Draft With Working Group and City Comparison Pahule's Comments

http://slidepdf.com/reader/full/urban-ag-draft-with-working-group-and-city-comparison-pahules-comments 1/22

1

County Urban Agriculture Definitions City of Sacramento Urban Ag

definition

Agricultural Uses, Urban

new )

The growing of fruits, herbs, and/or vegetables and/or theraising animals in an urban area for food or other purposes.

Urban agriculture includes, but is not limited to, market

gardens and community gardens.

SUAC’s proposal includes

private gardens.

Urban Agriculture means

the production of food in a

form and scale that is

appropriate for the urban

context and includes

market garden;

community garden, public;

community garden,

private; private garden;

aquaculture; and urban

beekeeping

Market Garden new)

A garden established for the sale or donation of its produce or

animal products to the public. Market gardens can be

established on both occupied or vacant sites.

SUAC’s proposal does

not specify should be on

a vacant lot

Market Garden means the

primary use of a site for

cultivation of fruits,

vegetables, flowers, fiber,

nuts, seeds, or culinary

herbs for sale or donation

of its produce to the

public which is in a zone

other than an A or A-OS.

Community Garden

A garden established on a vacant lot and maintained by any

group of persons for the sole primary purpose of providing

food for personal consumption. ; no retail sales permitted”

Community Garden,

Private means an

otherwise undeveloped lot

divided into multiple plots

for the growing and

harvesting of fruits,

vegetables, flowers, fiber,

nuts, seeds, and culinary



2

herbs primarily for the

personal use of the

growers, and that is

established, operated, andmaintained by a group of

persons, other than the

city.

Community Garden, Public

means public land divided

into multiple plots that are

available to the public for

growing and harvesting of

fruits, vegetables, flowers,fiber, nuts, seeds, or

culinary herbs primarily

for the personal use of the

growers, and that is

established, operated, and

maintained by the city.

Urban Agricultural Stand (new)

A retail stand accessory to a permitted Market or Community

Garden that sells fresh vegetables, fruits, nuts, and other

agricultural crops, eggs, and a limited amount of non-potentially hazardous (shelf stable) prepackaged food that is

produced on site.

SUAC would like to

expand to locally grown.

Urban Agriculture Stand

means a temporary

produce stand that is

accessory to an urban

agriculture use.

Incidental Keeping of Animals may need to amend)

N/A



3

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. The keeping of crowing fowl is included as

incidental keeping of animals.

Urban Beekeeping (new)

Beekeeping whereby any monies derived from the bees or the

hive products is incidental to a permitted residential or non-

residential use and not a significant source of the beekeeper’s

income nor the beekeeper’s primary reason for practicing

apiculture.

Urban Beekeeping means

having or ranching no more

than two beehives on a single

parcel of property.

Community Food Producer new) DO WE NEED THIS?? ASK WORKING

GROUP

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, including, but not limited to,

restrictions governing personal gardens, community gardens,

market gardens, and school gardens.

N/A

Crops, Raising and Harvesting

Amended )

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).

N/A

Produce (new) Produce means any food in its

raw or natural state which is in

such form as to indicate that it



4

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.

is intended for consumer use

with or without any further

processing.



5

County Draft OrdinanceWorking

Group/SUAC

Comments

City of Sacramento

3.4.12. Urban Agricultural Uses

Urban agricultural uses including the growing of fruits, herbs, vegetables and/or

the raising animals in an urban area for food or other purposes within market

gardens and community gardens, as defined in Section 7.3, are allowed subject to

the standards included in this section. Nothing in this section shall be construed to

preempt any provision related to the cultivation or sale of marijuana as found in

Title 6 of the Sacramento County Code.

Working group

recommended including

language related to this

Section NOT overriding

codes/laws related the

cultivation of marijuana.

3.4.12.A. Market and Community Gardens

County Market Gardens City Market GardensZone By Right MUP ZA CUP Zone By

Right

ZA CUP

RD Zones

RD-3

through

RM-2

Up to1

acre

Over 1

acre and

less than

3 acres

Over 3 acres Residential Zones (RE,

R-1, R-1A, R-1B, R-2,

R-2A, R-2B, R-3, R-3A,

R-4, R-4A, R-5, RMX,

AND RO

Up to 1

acre

Over 1acre

AR-1, 2

RD-1, 2

Up to 3

acres

Over 3

acres

N/A Commercial Zones

(C-1, C-2, C-3, C-4,

OB, OB-2, OB-3, SC).

Up to 3

acres

Over 3 acres

Commercial Up to 3

acres

Over 3

acres

N/A Industrial/Manufacturing

(M-1, M-1(S), MIP,MRD,

H, SPX, HC).

No

Upper

limit

N/A

Industrial No limit N/A N/A



6

1. Community Gardens

Permitted, provided that permission to use the property has been given in writing

by the property owner and adequate off street parking is available. Hours of use

limited to between sunrise and sunset.

Note: no size limitation.

SUAC proposed hours

from between from

7:00am to 8:00pm.

The same size restrictions as

above apply to Private

Community Gardens.

2. 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 plant materials.

Urban agriculture uses must be

maintained in an orderly

manner, including litter

removal, irrigation, weeding,

pruning, pest control and

removal of dead or diseased

plant materials. All garbage

must be removed from the site

weekly.

3. Equipment

a. Regular use of mechanized farm equipment is prohibited in

residential districts.b. The use of equipment up to 8,000 pounds may be used in the initial

preparation of lands for urban agricultural use between the hours of

6:00am and 8:00pm and consistent with the S acramento County

Noise Ordinance.

c. Regular use of standard landscaping and gardening equipment

designed for household use is permitted.

d. Equipment when not in use must be within enclosed structures or

otherwise not visible to the public.

Working group

recommends focusing onhours of operation rather

than weight or dust

control.

Except for initial preparation of

the land, heavy mechanized

farm equipment is prohibited inresidential districts.

Landscaping equipment

designed for household use is

permitted. When not in use,

equipment must be enclosed or

otherwise screened from sight.

4. Structures

Structures used to support urban agriculture, such as tool sheds,

greenhouses, produce stands, and instructional spaces are permitted,

subject to all other applicable zoning regulations and development

standards found in Section 5.4.6.

Structures to support urban

agriculture, such as storage

sheds, hoop-houses, and

greenhouses, are permitted,

subject to the regulations of theunderlying zone. Fencing is not

required for private community

gardens and market gardens.

5. Compost Garbage and compost

receptacles at market gardens

and community gardens must



7

Compost systems utilized to support urban agriculture shall be maintained

to be free of pests and odors. Compost systems shall be located in rear

yards only and may not be located within 20 feet of interior property lines.

be screened from the street and

adjacent properties by utilizing

landscaping, fencing or storage

within structures. Compost

piles and containers must be setback at least 20 feet from

residential buildings when an

urban agriculture use abuts a

residential land use.

6. Trash

Trash receptacles used to support urban agriculture shall be located

indoors or screened from the street and adjacent properties through the

utilization of landscaping, fencing or similar appropriate screening

materials.

7. Fencing

Fences related to urban agriculture are permitted as regulated in the

underlying zoning districts.

SUAC recommends the

following:

Notwithstanding section5.2.5, “Development

Standards for Walls and

Fences,” the

development,

improvement, or use of a

lot for urban agriculture

shall not require the

provision of a solid wood

fence or masonry wall

along property lines

adjacent to Residential or

AgriculturalResidential

Zones.

8. Nonconforming Uses



8

Urban agriculture uses in existence prior to the 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 Section 1.9 of the Zoning

Code.

3.4.12.B. Urban Agricultural Stands

Urban Agricultural Stands on the site of an approved

Market or Community Garden are allowed subject to

the following standards:

1.

Urban Agriculture Stands shall be operated by the

property owner or lessee on which a Market or

Community Garden is established.

2.

Products sold at Urban Agricultural Stands shall be

limited to produce, eggs, honey and value-added productsproduced on site.

3.

Products sold are subject to all quarantine laws

and regulations in place at the time of sale.

4.

There shall be no more than one Urban Agriculture

Stand per parcel.

5.

One sign shall be allowed provided that:

a. The sign shall be a portable sign, and may be an

A frame.

b. The sign, including supports, shall fit into an area

of not more than four (4) feet in height, three (3)

feet in width, and three (3) feet in depth.

c. The sign is located on private property and does

not block pedestrian or vehicle mobility.

Some members of the

working group would like

to put limits on the

number of stands per

neighborhood.

SUAC would like to allow

up to 50% of sales areato be used for produce

and shelf stable foods

from another local urban

agriculture or cottage

food operation and/or

for agricultural/ food

preparation related

items.

Urban agriculture stands are

permitted on the site of an

urban agriculture use, subject

to the regulations in 17.228.810

(E) of the urban agriculture

ordinance. Product sales at

urban ag stands are limited to

produce and value-added

products grown on site.

Parking for two cars is required.

This may be provided either on-

street or at an off-street parkingfacility accessed by an approved

driveway.

In residential zones: on-site

urban agricultural stands* up to

120 sq. ft. allowed by right.

Hours of operation: 8:00 am-

7:00 pm (must be dismantled

and removed during non-

operating hours).

Days: Limited to Tuesdays &

Saturdays, except on vacant

lots. Prohibited on lots where aprivate garden is in the front

yard.

In commercial and industrial

zones: On site urban



9

d. The sign is removed and stored out of public view

during non-operation hours.

6.

An Urban Agriculture Stand may operate only

between sunrise and sunset.

7.

Urban Agriculture Stands shall be temporary, and

shall be dismantled, removed and stored out of

public view during non-operation hours.

8. Urban Agriculture Stands 120 square feet and

smaller are allowed by right. Stands greater than

120 square feet shall be subject to a Conditional

Use Permit from the Zoning Administrator.

9. Parking Requirements

a.

Urban Agriculture Stands shall not be subject tothe development standards for off-street

parking outlined elsewhere in this Code.

b. Parking for two cars shall be provided either

on-street or in an off-street parking facility

accessed by an approved driveway

Some members of the

working group suggested

removing parking

requirements.

agricultural stands up to 120

sq.ft. Hours 8:00 am- 7:00 pm.

3.9.3.G. Incidental Agricultural Uses and Keeping of Animals

The incidental keeping of animals is allowed, except

in multifamily and RM-2 zoning districts unless

developed as a duplex or half-plex lot, subject to the

regulations contained in this section. In all districts

that allow incidental agricultural uses and the keeping

of animals, including crowing fowl, this use must be

incidental to a permitted residential use.

Commented [MK1]: Need to change land use table. Allowed inall zones except for multifamily and RM-2 zones.



10

1.

General Standards

a.

The keeping of animals must be incidental to a

permitted residential use.

b.

The conditions, standards, and requirements of

Title 8 of the Sacramento County Code are met

to the satisfaction of the Chief of Animal

Control.

c.

All areas devoted to such uses shall comply

with the standards applicable to stables and

corrals related to dust, odor, flies and other

nuisances included in Section 3.4.6.C. These

standards are applicable to the incidental

keeping of animals. adopted by the

Department of Public Health relative to noise,

dust, odor, and pests, and shall be maintained

to the satisfaction of the Director of Public

Health.

d.

The provisions of thisese use standards shall

not apply to public or private stables, or where

such animals are kept as a general agricultural

use.

e.

Animals allowed in this section except

chickens, ducks and fish) must be kept in an

area separate from where plants intended for

sale or consumption are grown.

SUAC recommended

more restrictive

standards than the

current Zoning Code =1

The keeping of any bovine

animal, horse, mule,

burro, sheep, goat, duck,

turkey, goose or other

domestic livestock or

poultry on any parcel of

property located in the city

is not allowed except in a

few specific locations

zoned “A” or “A-OS” or inconjunction charitable

operations.

3 chickens per residentialparcel. Coop 20 feet fromneighboring dwelling.



11

2.

Lot Area

The minimum lot area for any lot used for an

incidental agricultural use or for public or privateboarding or riding stables as defined in this Code

shall be as follows. The lot area may be decreased

subject to the issuance of a special conditional use

permit by the Zoning Administrator.

a.

For any commercial or public stable the

minimum lot area shall be three (3) acres.

b.

For any private stable, the minimum lot area

shall be 20,000 square feet.

c.

The minimum lot area for the keeping of small

animals (animals less than 75 pounds) without

limit

other than pets as defined in Chapter

7.3

), including crowing fowl, on a

noncommercial scale as an incidental use, shall

be 10,000 square feet.

i) The keeping of crowing fowl as an incidental

agricultural use shall only be allowed in the

RD-1, RD-2, RD-3, RD-4, RD-5, and RD-7

zoning districts

d.

For any other incidental agricultural use, the

minimum lot area shall be 20,000 square feet.

animal per 20,000

square feet and one

additional per every

2,000 square feet over.(14,000 and 1,200 for

non-res). Areas

accessible to animals

shall not be within 50

feet of adjacent

residence, food prep or

service, school, hotel or

place of public assembly.

Julie Jensen recommends

a cooping requirement to

minimize the potential

for poultry to contact

wild birds that may be

diseased.

SUAC does not have a

cooping requirement

Chickens must be cooped atall times. $10 fee per chicken

and $15 annual permit fee.



12

e.

On lots less than 10,000 square feet, the

keeping of egg-laying chickens, egg laying

ducks, rabbits, and similar animals are allowed

subject to the following restrictions:

i)

Residentially zoned parcels may have one of

these animals for every 800 square feet.

ii)

On residential parcels, the animals must be

kept in the rear yard only.

iii)

Nonresidentially zoned parcels may

have one of these animals for every 400

square feet

iv)

A covered coop with a roof and four sides

must be provided for chickens to voluntarily

retreat to and roost an night.

v)

These animals must be kept in a structure or

fenced area at least 20 feet from all

neighboring residential structures at all

times.

3.

Development Standards

a.

Structures used for the keeping of animals shall

be consistent with the development standards

are found in Section 5.4.6.



13

3.4.2. Beekeeping

3.4.2A. Commercial beekeeping in all Agricultural

zoning districts, all AR-2 zones and AR-

1zoned properties that are 150 feet or

greater in width is a permitted primary use.

Hive owners must maintain current

registration with the Sacramento County

Agricultural Commissioner in compliance

with State Statues, including required hive

movement notices. Any colony that is not

properly registered shall be removed from

the property and may not be returned to the

property for at least six 6) weeks from the

date of registering the colony at another site.

Allowed in A or A-OS Zones.

3.4.2.B Urban beekeeping use, where hive

maintenance is incidental to a permitted

residential or non-residential use and

products derived from hive maintenance do

not constitute a significant source of income

to a beekeeper, is permitted in the

Residential, Recreation, Mixed Use,

Commercial and Industrial AR-1, RD-1, and

RD-2 zoning districts provided compliance

shall comply with the following minimum

standards:



14

1.

Registration and Location

a.

The Hhive(s) owners must maintain a

current registration status of the beecolony(s) with the Agricultural

Commissioner in compliance with

applicable state statutes, including

required hive movement notices. Any

colony that is not properly registered

shall be removed from the property and

may not be returned to the property for

at least six (6) weeks from the date of

registering the colony at another site.

b. Urban beekeeping is only allowed

where it has been determined that

beehives will not pose a hazard to

public health. Nuisance bee behavior

may require remedial action upon

notice by Sacramento County.

Procedures for determining where

beekeeping is not allowed and for

noticing of required remedial actions

are detailed in Section 3.4.2.B.2.

i)

Procedures may require the removal

of all hives from a property, through

no direct fault of the beekeeper, but



15

because a health or safety situation

has been shown to exist. Once

property has been declared unsafe

for beekeeping, it shall not be legal

to maintain bees on that property

until such status is removed in

writing. Failure to comply with

specified remedial action will

constitute a violation of this Code.

c. The number, location and arrangement

of hives on a property must be in

conformance with the Section

3.4.2.B.3.

d. The hive(s) location and physical set up

arrangement on the property must be

in conformance to the performance

standards of Section B, “Revocation.” In

addition, nuisance behavior by bees

may require the hive owner to take

remedial actions upon notice by

Sacramento County. Procedures for

such notice are of Section B,“Revocation.” Failure to comply with

specified remedial actions will

constitute a violation of this Code for

enforcement purposes.



16

e.

Urban beekeeping is allowed only on

property that has not been declared as

a location where bee hives are

potentially a hazard to public health

and safety. Procedures for declaring

property where urban beekeeping is

not allowed is of Section B,

“Revocation.” Those procedures may

require removal of all bee colonies

from the property through no direct

fault of the beekeeper but because a

health or safety situation has been

shown to exist. Once property hasbeen declared unsafe for beekeeping, it

shall not be legal to maintain bees on

that property until such status is

removed from the property in writing.

2.

Revocation

Urban beekeeping privileges may be

withdrawn from any property by writtennotification to the property owner by the

Planning Department of Community

Development Director. Withdrawal must

be done with cause, however, the causes

SABA would like this

Ordinance to establish a

Beekeeping Advisory

group under the jurisdiction of the Ag

Commissioner. To

provide expertise and

assistance in resolving

nuisance and public



17

need not be the fault of the beekeeper,

nor be a factor that is under the control of

the beekeeper.

Any condition or combination of

circumstances that, in the opinion of the

Director, after consultation with the

Agricultural Commissioner and/or the

Agricultural Advisory Committee, is found

to be inconsistent with beekeeping best

management practices or jeopardizes

endangers or otherwise constitutes an

actual, potential, or perceived menace to

public health or safety creates problems

contrary to public health, safety, or

general welfare or so as to constitute a

public nuisance will constitute be

considered valid cause to withdraw license

to keep bee colonies on the property.

Where license is withdrawn, all bee

colonies shall be abated as provided for in

Title 16.18 of the Sacramento County

Code. Such withdrawal may be appealedto a hearing officer. the Board of Zoning

Appeals. Once any property owner has

been noticed of withdrawal of privilege to

keep bee colonies on a particular

safety complaints. As

well as maintain the BMP

document investigate

issues, give advice andrecommend appropriate

actions.

Recommendations to be

considered by ag

Commissioner.



18

property, such privilege may be

reestablished only upon written request

and approval of the Planning Director.

a.

Written documentation over a medical

doctor’s signature certifying that the

medical condition caused by beestings

to a resident of abutting property

would constitute a higher than normal

death-threatening or hospitalization

event will constitute sufficient cause to

withdraw the privilege of urban

beekeeping from any specific property.

b.

Abnormally aggressive behavior by

bees toward defending their hive

beyond the property lines may

constitute sufficient cause to withdraw

the privilege of urban beekeeping from

any specific property.

3.

Performance Standards

c.

There shall be no more than two 2) beecolonies hives established on parcels

less than 10,000 square feet, except two

2) additional temporary colonies hives

are allowed for hive separation or new

SABA recommends

development of flyways

through screening and

the development of

flyways rather than

arbitrary setbacks.

It is unlawful to permanently

keep, have or ranch more than

two beehives on a single parcel

of property within the city,

unless such parcel of property is

zoned “A” or “A-OS” by

applicable provisions of the

Planning and Development

Code, or unless such keeping,



19

swarm establishment purposes. Such

temporary colonies hives shall be

removed from the property within two

(2) weeks.

d. There shall be no more than four 4) bee

hives established on parcels from

10,000 to 20,000 square feet, except

four 4) additional temporary hives are

allowed for hive separation or new

swarm establishment purposes. Such

temporary hives shall be removed from

the property within two 2) weeks.

e.

There shall be no more than six 6) bee

hives established on parcels greater

20,000 square feet, except six 6)

additional temporary hives are allowed

for hive separation or new swarm

establishment purposes. Such

temporary hives shall be removed from

the property within two 2) weeks.

f.

Colonies Hives shall be placed in the rear

yard of the property and enclosed by a

latching fence. In no case shall the hives

be closer than 25 feet from a public or

private street or 15 feet from an abutting

Working group was split

on hive limits.

SABA recommends

development of flyways

through screening and

the development of

flyways rather than

arbitrary setbacks.

harboring, or maintaining of

hives would constitute a valid

nonconforming use.

(NOT IN CODE BUT ON WEBSITEAS RECOMMENDATION)

Beekeeper’s associations

generally recommend the

following measures to minimize

conflicts with neighbors. The

primary goal is to avoid the bee

colony’s flight path, which is

concentrated within the first

ten feet from the colony’s

entrance:

Hives should be placed in a

quiet area and not directlyagainst a neighboring property

unless a solid fence or dense

plant barrier of six feet or

higher forms the property

boundary.

Where there is no fence or

flyway barrier, orient the

entrance to the hive away from

the entrances and walkways,

and toward the most distant

property line.

Maintain a clear flight path at

least ten feet from the hive

entrance.



20

property unless elevated on a roof or

balcony of a permanent structure. If

elevated, hives shall be located at least

15 feet from adjacent residential

structures.

g.

Roof or ground level hives located within

20 feet of windows or doors of a primary

structure on an abutting parcel must be

situated so that hive openings are faced

in the opposite direction of the

structure.

h.

A flyway of at least six 6) feet in height

comprising of a lattice fence, dense

hedge or similar barrier must be

established in front of openings of

ground level hives within 20 feet of

windows or doors of a primary structure

on an abutting parcel such that bees are

directed upward. The flyway shall be

located within three 3) feet of the

entrance to the hive and shall extend at

least two 2) feet in width on either side

of the hive.

i.

A permanent fresh water source shall be

provided prior to the establishment of



21

bee hives and maintained within 15 feet

of the hives.

j.

Except for hives that are maintained in

conjunction with a 501 c) 3) nonprofit

organization, The hive(s) owners must

reside be a resident in a dwelling that is

located on the same parcel of land on

which hives(s) is are registered.

3.4.6

Stables and Corrals

3.4.6.C. An operator of a commercial or private stable shall not allow dust, odor, or flies to cause nuisanceor annoyance to any considerable number of persons in the neighborhood or the public and at a minimum

shall comply with the following:

1.

All areas shall be maintained so as to be sufficiently dust-free so that no visible quantity of dust is

observable at the property lines of the parcel. This shall be done by maintaining sufficient natural

vegetation, by watering down corral area as often as necessary to prevent dust problems, or by

utilizing other more effective dust prevention methods.

2.

The operator of a stable shall take every reasonable precaution to prevent the breeding of flies or

the emission of dust or odors into the neighborhood. Reasonable precautions shall include:

a.

Routine manure and bedding clean out of stalls and routine cleanup of manure deposited on

the property.

b.

Disposal of animal wastes, such as:

i)

Properly drying or composting away from neighboring properties.



22

ii)

Burying to a minimum depth of two (2) feet.

iii)

Removal to approved disposal site.

3.

All areas shall be maintained in a sanitary condition and in compliance with the following standards:c.

Water usage and drainage shall not mix with manure accumulations and shall not be disposed

of contrary to local and state requirements.

d.

Animal feed shall be stored and utilized in a manner that will not encourage rodent

populations.

urban ag draft with working group and city comparison pahule's comments

Documents