Proposed Zoning Code Amendments for Urban Agriculture Ordinance – Clean Version Note: Portions of some sections, where changes are not proposed, have been omitted to save space.
Section 17.22.020 Allowable land uses and planning permit requirements is amended, as follows:
EXCERPT OF Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
Permit Required by District
Land Use(1)
OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Agricultural and Open Space Uses
Agricultural accessory structure MUP MUP P P – – – 17.42.020 Animal keeping S S S S S S S 17.42.040
Crop production, horticulture, orchard,
vineyard
P P P P – – – 17.42.067
Plant nursery – MUP UP – – – –
Winery, small scale – – UP(2) – – – –
Industry, Manufacturing and Processing,
Wholesaling
Artisan/craft product manufacturing – MUP UP(3) – – – – Recreation, Education and Public Assembly Uses
Community garden P P P P P P P 17.42.062
Equestrian facility – UP UP – – – –
EXCERPT OF Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
Permit Required by District
Land Use(1)
OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Meeting facility, public or private – MUP – – UP UP UP
Park UP P P P P P P
Playground – P P P P P P
Private residential recreation facility – – – UP UP UP UP School – Elementary, middle, secondary – – – UP UP UP – Residential Uses
Accessory dwelling unit – – P P P P P 17.42.170
Caretaker quarters MUP MUP – – – – –
Cottage housing – – – – S S S 17.42.125
Home occupation – – P P P P P 17.42.080
Junior accessory dwelling unit – – P P P – – 17.42.170
Mobilehome park – – UP UP UP UP UP 17.42.110
Mobile/manufactured home – – P P P P P 17.42.110
Multifamily housing, 2 units – – – – UP P P 17.42.120
Multifamily housing, 3 or 4 units – – – – – UP P 17.42.120 Multifamily housing, 5 to 9 units – – – – – UP UP 17.42.120 Multifamily housing, 10 or more units – – – – – – UP 17.42.120 Multifamily housing, up to 100 units with
25% affordable
– – – – – – P 17.42.120
EXCERPT OF Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
Permit Required by District
Land Use(1)
OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Organizational house (sorority,
monastery, etc.)
– – – – – – UP
Residential accessory use or structure – – P P P P P 17.42.160 Residential care facility for the elderly
(RCFE)
– – UP UP UP UP UP
Residential care, 11 or more clients – – UP UP UP UP UP Residential care, 6 or fewer clients, in a
single-family dwelling
– – P P P P P
Residential care, 7 to 10 clients – – UP UP UP UP UP
Residential component of a mixed use
project
– – – – UP UP UP 17.42.100
Rooming or boarding house – – – – – – UP
Single-family dwelling – – P P P UP(4) UP(4)
Retail Trade
Accessory retail and services – – – – UP UP UP
Convenience store, 1,200 sq. ft. or less – – – – UP UP UP Farmers market – MUP – – – – –
Produce stand MUP MUP MUP MUP – – – 17.42.130
Services – Business and Professional
Medical services – Extended care – – – – – UP UP
EXCERPT OF Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
Permit Required by District
Land Use(1)
OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Office – Accessory – P P P P P P
Services
Adult day care – 6 or fewer clients – – P P P P P
Adult day care – 7 to 14 clients – – UP UP UP UP UP
Adult day care – 15 or more clients – – UP UP UP UP UP
Child day care – Small family day care
home
– – P P P P P
Child day care – Large family day care
home
– – P P P – – 17.42.060
Child day care – Day care center – MUP – – – UP UP 17.42.060 Kennel, animal boarding – – UP – – – –
Lodging – Bed and breakfast inn (B&B) – – UP UP – – – 17.42.050 NOTE: REMAINDER OF TABLE 2-2 OMITTED TO SAVE SPACE—NO FURTHER CHANGES
PROPOSED TO THIS TABLE
EXCERPT OF Table 2-3
Allowed Land Uses and Permit Requirements for Mixed Use Corridors and Districts P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
Permit Required by District
Land Use(1)
CE CG CD CI IG PF Specific Use
Regulations
Industry, Manufacturing and Processing, Wholesaling
Agricultural product processing – – – P P –
Artisan/craft product manufacturing MUP MUP MUP P P – See Note 5 Below
Brewery – Brew pub MUP MUP MUP – – –
Brewery – Production – – – UP UP –
Construction contractor – – – – UP –
Food and beverage product manufacturing – – – – MUP MUP Furniture and fixtures manufacturing,
cabinet shop
– – – P P –
Industrial research and development – MUP – P MUP –
Laboratory – Medical, analytical, research
and development
P P – P MUP –
Laundry, dry cleaning plant – – – – UP –
Manufacturing/processing – Light – – – MUP P –
Manufacturing/processing – Medium
intensity
– – – MUP MUP –
Manufacturing/processing – Heavy – – – – UP –
Media production P P – P P –
Printing and publishing UP UP – P P –
Recycling – Reverse vending machine MUP MUP – – – –
EXCERPT OF Table 2-3
Allowed Land Uses and Permit Requirements for Mixed Use Corridors and Districts P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
Permit Required by District
Land Use(1)
CE CG CD CI IG PF Specific Use
Regulations
Recycling – Small collection facility UP UP – UP P – 17.42.150 Recycling – Medium collection facility – – – UP UP – 17.42.150 Storage – Outdoor – – – UP UP – 17.42.140
Storage – Personal storage facility (ministorage)– – – – – – Storage – Warehouse, indoor storage – – – UP – –
Wholesaling and distribution – – – UP UP –
Winery – Boutique – UP – MUP MUP –
Winery – Production – – – MUP MUP –
Recreation, Education and Public Assembly Uses
Adult-oriented business – – – – S – 17.40
Commercial recreation facility – Indoor –
5,000 sq. ft. or less
UP P – P – –
Commercial recreation facility – Indoor –
More than 5,000 sq. ft.
UP MUP – UP – –
Commercial recreation facility – Outdoor – – – UP – –
Community Garden P P P P P P 17.42.062
NOTE: REMAINDER OF TABLE 2-3 OMITTED TO SAVE SPACE—NO FURTHER CHANGES
PROPOSED TO THIS TABLE
EXCERPT OF Table 2-4
Allowed Land Uses and Permit Requirements for Downtown Specific Plan Districts P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
PERMIT REQUIRED BY DISTRICT
LAND USE(1)
HC LP NG CA
Specific Use
Regulations
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Commercial recreation facility – Indoor MUP – MUP MUP
Community Garden P P P P 17.42.062
Conference/convention facility – – UP(2) UP
Health/fitness facility UP(2) – P P
Library, museum P – P P
Meeting facility, public or private – UP UP(2) UP
Park, Playground P P P P
School – Specialized education/training UP – UP UP
Studio – Art, dance, martial arts, music, etc. P P P P
Theater (cinemas or performing arts) MUP – P P
RESIDENTIAL USES
Accessory dwelling unit P P P P 17.42.170
Emergency/transitional shelter S S S S 17.42.072
Home occupation P P P P 17.42.080
Live/work unit P P P P 17.42.090
Residential component of a mixed use project P P P P 17.42.100 Residential care facility for the elderly (RCFE) – UP UP UP NOTE: REMAINDER OF TABLE 2-4 OMITTED TO SAVE SPACE—NO FURTHER CHANGES
PROPOSED TO THIS TABLE
Section 17.36.050 Parking and Loading, Number of parking spaces required is amended, as follows:
THE ONLY CHANGE PROPOSED TO SECTION 17.36.050 IS IN THE EXCERPT OF TABLE 3.7 BELOW EXCERPT OF Table 3-7
Parking Requirements by Land Use
Land Use
Type: Vehicle Spaces Required
Produce
stands
or other
outdoor
vendors
3 spaces minimum or 1 space for each 250 sq. ft., whichever results in a greater number of spaces. The spaces shall be located at least 20 feet off the public right-ofway or 20 feet from the front property line with no vehicle maneuvering allowed in the public right-of-way. The use permit may require additional parking, depending on the nature of the sales proposed.
Section 17.42.040 Animal Keeping is amended, as follows:
THIS SECTION SHOWN IN ENTIRETY
17.42.040 Animal Keeping.
Animal keeping within the city shall comply with requirements of this section, and shall occur only where allowed by Chapter 17.22 (Allowable Land Uses), and this section. The provisions of this section are intended to assist in maintaining the city’s semirural character while ensuring that animal keeping does not create adverse impacts on adjacent properties by reason of bright lights, dust, insect infestations, noise, odor, or visual blight.
A. Pre-Existing Uses. Any legally established animal keeping use that became nonconforming upon adoption of this land use code shall be permitted to continue subject to Chapter 17.82 (Nonconforming Uses, Structures, and Parcels).
B. Allowable Animal-Keeping Activities and Permit Requirements.
1. Activities and Permit Requirements. Animal keeping, including related animal husbandry is allowed only in compliance with the limitations on use and permit requirements in Table 4-1, and the animal keeping standards in subsection C of this section. The keeping of imported animals may require approval by the U.S. Department of Agriculture Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Game, and/or the California Department of Food and Agriculture, in addition to any city approval required by this section.
Table 4-1
Allowable Animal-Keeping and Permit Requirements
Permit Requirement by Zoning District
Type of Animal
OSC RR RVL Other Zone Allowing Residential Use
Aviary (keeping of birds other
than fowl or poultry)
P P P –
Beekeeping (for plant
pollination and/or honey
production)
P P P –
Boarding or breeding kennel – MUP – –
Chickens P P P P in NL district; zoning clearance letter required in NM, NU, and residential uses in all commercial
districts
Table 4-1
Allowable Animal-Keeping and Permit Requirements
Permit Requirement by Zoning District
Type of Animal
OSC RR RVL Other Zone Allowing Residential Use
Dogs and cats P P P P
Fowl and poultry other than
roosters and chickens
P P P –
Table 4-1
Allowable Animal-Keeping and Permit Requirements (Continued) Permit Requirement by Zoning District
Type of Animal
OSC RR RVL Other Zone Allowing
Residential Use
Hogs and swine P P – –
Horses and cows P P MUP –
Roosters P P – –
Other small animals (defined in Table 4-2) P P P P
Other large animals (defined in Table 4-2) P P MUP –
Key to permit requirements:
P Permitted animal keeping, no city approval required for the animal-keeping activity; provided, that it complies with the standards in subsections C through G of this section.
MUP Minor use permit approval required in compliance with Section 17.62.050. – Type of animal or activity not allowed.
2. Minor Use Permit Review. Where Table 4-1 requires a minor use permit for keeping a specified animal type, the purpose of the discretionary review shall include evaluation of how the proposed animals will be housed and/or confined, and whether the location, size, and design of the area on the site for animal keeping will be adequate to allow compliance with the other standards of this section without unreasonable effort on the part of the animal manager. In approving a minor use permit in compliance with this section, the review authority may limit the maximum number of animals allowed on the site as appropriate to the characteristics of the site, the surrounding land uses, and the species of animals proposed.
C. Animal-Keeping Standards. All animal keeping shall comply with the standards in Table 4-2, where allowed by subsection B of this section, Table 4-1, except that more animals may be allowed by minor use permit.
Table 4-2
Animal-Keeping Standards
Minimum Setbacks(3)
Type of Animal or Facility Maximum Number
of Animals per Site(1)
Minimum Lot
Area(2) From Side/Rear
Property Lines
From Streets
and Dwellings
Aviary for birds other
than fowl and poultry
20 per acre 1/2 acre 25 ft. 50 ft.
Beekeeping N.A. 1 acre 25 ft. 50 ft.
Boarding or breeding
kennel
Requirements established by minor use permit approval, and subsection F of this section.
Chickens 20 per site or 12 per
acre, whichever is
greater
No minimum
lot size
12 ft. 20 ft.
Dogs and cats 5 animals total on a
site less than 1 acre;
5 of each species on
a site of 1 acre or
more.
None required None required None required
Fowl and poultry other
than roosters and
chickens
12 per acre 1/2 acre 25 ft. 50 ft.
Hogs and swine 1 per acre 2 acres 50 ft. 100 ft.
Horses and cows 2 per acre 1 acre 25 ft. 50 ft.
Roosters 1 per acre 1 acre 25 ft. 50 ft.
Other small animals –
Chinchillas, rabbits,
nonpoisonous reptiles,
rodents, and other
4 animals total on a
site less than 1 acre;
4 of each species on
a site of 1 acre or
None for 4 or
fewer
animals; 1
None on a site
of less than 1
acre; 10 ft. on
None on a site
of less than 1
acre; 25 ft. on a
Table 4-2
Animal-Keeping Standards
Minimum Setbacks(3)
Type of Animal or Facility Maximum Number
of Animals per Site(1)
Minimum Lot
Area(2) From Side/Rear
Property Lines
From Streets
and Dwellings
nonpoisonous animals of
similar size.
more, where
allowed by Table 4-
1. acre for 5 or
more animals.
a site of 1 acre
or more.
site of 1 acre or
more.
Other large animals –
Emus, goats, llamas,
miniature horses and
donkeys, ostriches, pot
belly pigs, sheep, and
similar-sized animals.
4 per acre 1/2 acre 25 ft. 50 feet for
accessory
structure, none
for pasture.
Notes:
(1) Offspring allowed in addition to maximum number until market-ready; greater numbers of animals than allowed by Table 4-2 may be authorized by minor use permit. (2) Minimum lot area required for the keeping of animals. (3) Minimum setbacks from all property lines for barns, shelters, pens, coops, cages, and other areas and structures where animals are kept in concentrated confinement; but not including areas continuously maintained as pasture. Minimum setbacks from dwellings refers to dwellings located on other parcels. Animals shall not be kept in any required front yard setback except in pasture areas.
D. Maintenance and Operational Standards. All animal keeping shall comply with the following maintenance and operational standards:
1. Odor and Vector Control. All animal enclosures, including, but not limited to, pens, coops, cages and feed areas, shall be maintained free from litter, garbage and the accumulation of manure, so as to discourage the proliferation of flies, other disease vectors and offensive odors. Manure shall also not be allowed to accumulate within setback areas. Each site shall be maintained in a neat and sanitary manner.
2. Containment. All animals shall be effectively contained on the site, and shall not be allowed to run free on any parcel in a separate ownership or in a public right-of-way.
3. Waterway Protection. The keeping of horses, cattle, fowl, poultry, chickens, roosters, hogs, swine, or other large animals within fifty feet of any waterway shall require minor use permit approval. In addition to the other materials required for a minor use permit application, the applicant shall submit a plan for the protection of the waterway from the polluting effects of runoff from the animal-keeping area. The plan shall provide for regular manure removal, the maintenance of pasture vegetation to minimize the exposure and potential erosion of bare soil, site grading to direct runoff to detention and settling areas rather than the waterway, and/or other measures approved by the review authority.
4. Erosion and Sedimentation Control. In no case shall an animal-keeping operation be managed or maintained so as to produce sedimentation on any public road, adjoining property, or in any drainage channel or other waterway. In the event sedimentation occurs, the keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement.
5. Noise Control. Animal keeping shall comply with the noise standards established by Section 17.30.050, Noise standards.
E. Animal Husbandry Projects. The keeping or raising of the other small animals listed in Table 4-2 as a 4-H or Future Farmers of America (FFA) project may be allowed with up to twenty-five animals in the RR, RVL, and NL zones subject to minor use permit approval, and compliance with the following requirements, in addition to those in Table 4-2.
1. Application Requirements. The minor use permit application shall include a written agreement of supervision by 4-H or FFA officials, that provides a detailed description of the method to be utilized to control odors and insects.
2. Setback Requirements. Any structures, cages, or shelters required for animal keeping shall not be located within a required front or street side setback, and be set back a minimum of five feet from side or rear property lines.
3. Maintenance. The animal keeping shall comply with all standards in subsection D of this section.
F. Kennels and Animal Boarding. Each kennel and other small animal boarding facility shall comply with the following standards:
1. Minimum Site Area. An animal boarding facility may be approved only on a parcel of two acres or larger.
2. Enclosure Within Building. All animal boarding (sleeping and night-time confinement) shall occur within an entirely enclosed building.
3. Noise Control. The building used for animal boarding shall be insulated, or otherwise constructed and maintained so that no noise from animals within the building is audible to an average person at the property line of the site.
4. Management. A manager of the facility shall be present on the site at all times.
G. Chickens. In addition to the requirements of this section, the keeping of chickens shall comply with the following standards:
1. Commercial Use Prohibited. Except in the RR, RVL, OSR, and OSC zones (where commercial chicken keeping is permissible), the keeping of chickens shall be solely as a non-commercial accessory use to a residential use.
2. Location in Multifamily and Commercial Zoning Districts. Enclosures, coops, cages, and shelters shall generally be located internally on a residential site, and shall not abut a commercially zoned property.
3. Butchering Prohibited. Butchering, slaughtering, or otherwise killing chickens shall be prohibited.
4. Nuisance Prohibited. Noise impacts, odor impacts, and valid vector complaints shall cause the chickens to be deemed a nuisance, and result in this use becoming prohibited at the subject site.
5. Private Common Area Signoff. Where chickens are proposed to be located in a private common area, the private governing organization (e.g., the homeowner’s association) shall provide written consent. (Ord. 823 § 2(C) Exh. C (part), 2009; Ord. 766 § 2 Exh. A (part), 2004).
Section 17.42.062 Community Gardens is added, as follows:
17.42.062 Community Gardens.
This section establishes standards for the operation of community gardens, where allowed by Chapter 17.22, Allowable Land Uses. The intent of these provisions is to ensure the compatibility between community gardens and other nearby uses.
A. At no time shall any community garden activity create nuisances with regard to vectors, odor, dust, or noise.
B. The hours of machinery and mechanical equipment operation are limited to 7am-7pm weekdays and 9am-5pm weekends/holidays.
C. A community garden is allowed to operate a seasonal on-site produce stand and/or community supported agriculture element, with sales of seasonal, raw, unprocessed fruits, vegetables, nuts, eggs, or other produce grown on-site, for charitable, nonprofit community benefit purposes only. The hours of produce stand or community supported agriculture activity are limited to 9am-7pm.
Section 17.42.067 Crop Production, horticulture, orchard, vineyard is added, as follows:
17.42.067 Crop Production, horticulture, orchard, vineyard This section establishes standards for development and operation of any activities related to the Crop Production, Horticulture, Orchard, Vineyard land use, where allowed by Chapter
17.22, Allowable Land Uses. The intent of these provisions is to ensure the compatibility between these activities and nearby residential uses.
A. Hours of activity.
1. Hours of machinery and mechanical equipment operation are limited to 7am-7pm weekdays and 9am-5pm weekends/holidays .
2. Hours of business-related traffic are limited to 7am-7pm weekdays and 7am-6pm weekends/holidays.
3. Hours of vehicular loading and departure are limited to 5am-8pm weekdays and 6am6pm weekends.
B. Setbacks. The area used for crop production must meet the following setbacks in all zoning districts: Front - 25’; side interior - 10’; side street - 20’; rear - 20’.
Section 17.42.130 Outdoor displays and sales is amended, as follows:
THE ONLY CHANGES PROPOSED TO THIS SECTION ARE IN THE FOLLOWING EXCERPT OF SECTION 17.42.130
SECTION 17.42.130 F2:
F. Produce Stands.
1. A produce stand shall not exceed a total floor area of four hundred square feet.
2. In the Rural Residential (RR), Residential Very Low (RVL), and Open Space, Conservation (OSC) zoning districts, incidental items for sale that are not produced at an on-site or adjacent agricultural operation, such as bottled water or packaged snacks, shall not exceed 10% of sales area or gross sales receipts, whichever is less. In the Open Space, Recreation (OSR) zoning district, this limitation is not applicable.
Section 17.42.160 Residential accessory uses and structures is amended, as follows:
THE ONLY CHANGES PROPOSED TO THIS SECTION ARE IN THE FOLLOWING EXCERPTS OF SECTION 17.42.160
17.42.160 E1b:
E. Detached Structures. An accessory structure that is detached from the primary structure shall comply with the following standards, except where subsection F of this section establishes a different requirement for a specific type of accessory structure:
1. Setbacks.
a. Front Setback. An accessory structure shall not be located within a required front setback.
b. Side and Rear Setbacks. An accessory structure with a height of twelve feet or less shall maintain side and rear setbacks of at least five feet.
17.42.160 F3:
3. Greenhouses. An accessory greenhouse may occupy up to four hundred square feet for each dwelling unit in the RR, RVL, NL, NM, and NU zoning districts; or one thousand square feet or five percent of the parcel area, whichever is smaller, in the RR and RVL zoning districts, if the greenhouse is accessory to the operation of an active agricultural operation as allowed by the Crop Production, Horticulture, Orchard, Vineyard land use designation.
Section 17.90.020 Definitions of specialized terms and phrases is amended, as follows:
Section 17.90.020 Definitions of specialized terms and phrases “Agricultural accessory structure” means a structure for sheltering animals, or agricultural equipment, hay, feed, etc. Examples of these structures include barns, greenhouses and hoophouses, coops, corrals, and pens. Use of such structures for cannabis production is prohibited. Does not include pasture fencing, which requires no city approval when in compliance with Section 17.30.030 (Fences, walls, and screening) of this title. “Community garden” means a site used for growing plants for food, fiber, herbs, flowers, and others, which is shared and maintained by community residents and/or a nonprofit, educational, governmental, or other charitable organization. A community garden is allowed to operate a seasonal on-site produce stand and/or community supported agriculture element, with sales of seasonal, raw, unprocessed fruits, vegetables, nuts, eggs, or other produce grown on-site, for charitable, nonprofit community benefit purposes only. “Crop production, horticulture, orchard, vineyard” means commercial agricultural production field and orchard uses, including the production of the following, primarily in the soil on the site and not in containers, other than for initial propagation prior to planting in the soil on the site:
field crops, flowers and seeds, fruits, grains, melons, ornamental crops, tree nuts, trees and sod, vegetables, and wine and table grapes. Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, crop processing, and other accessory activities related to commercial agricultural operations including plant propagation, community supported agriculture, and membership sales, but not including sales sheds, which are instead defined under “Produce stand.” Does not include greenhouses which are instead defined under “Plant nursery,” “Residential accessory use or structure,” and “Agricultural accessory structure,” or containerized crop production, which is instead defined under “Plant nursery.” Does not include noncommercial home gardening, which is allowed as an accessory use in all zoning districts without city approval. “Produce stand” means a business that is accessory to an on-site or adjacent agricultural operation, selling seasonal, raw, unprocessed fruits, vegetables, nuts, eggs, and other produce in its raw or natural state, as well as products made from ingredients grown or produced at an on-site or adjacent agricultural operation. In the Open Space, Recreation (OSR) zoning district, a produce stand may sell products made elsewhere.