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18.30.240 - Urban agriculture.
Purpose. The purpose of urban agriculture is to ensure that urban garden areas are appropriately located and protected to meet needs for local food production, community health, recreation, community education, garden-related job training, environmental enhancement, preservation of green space, and community enjoyment.
Definitions.
"Coldframe" means an unheated outdoor structure consisting of a wooden or concrete frame and a top of glass or clear plastic, used for protecting seedlings and plans from the cold. "Community farm" is an area of land larger than one acre managed and maintained by an individual or group of individuals to grow and harvest food and horticultural products for shareholder consumption or for sale or donation. Shareholders may arrange to work on the farm in exchange for a share of the crops and/or pay for a portion of the crop in advance. A community farm may be a principal or accessory use.
Sale and donation of food and horticultural products grown in the community farm may occur on-site. "Greenhouse" means a building made of glass, plastic, or fiberglass in which plants are cultivated. "Home garden" means a garden maintained by one or more individuals who reside in a dwelling unit located on the subject property. Food and horticultural; products grown in the home garden may be used for personal consumption or for donation or sale. On-site sales are not permitted. A home garden is an accessory use to a principal residential use.
"Hoophouse" means a structure made of PVC piping or other material covered with translucent plastic, constructed in a "half-round" or "hoop" shape.
"Neighborhood garden" is an area of land, one acre or less, managed and maintained by an individual or group of individuals to grow and harvest food and horticultural products for personal or group consumption, for sale or donation. A neighborhood garden may be divided into separate garden plots for cultivation by one or more individuals or may be farmed collectively by members of the group. Sale and donation of food and horticultural products grown in the neighborhood garden may occur on-site. A neighborhood garden may be a principal or accessory use. "Rooftop garden" means any garden on the roof of a building. Besides the decorative benefit, roof plantings may provide food, temperature control, hydrological benefits, architectural enhancement, habitats or corridors for wildlife, and recreational opportunities.
Permitted Primary Uses. Cultivation of edible vegetables, flowers, herbs, fruits and other plants in the ground, in raised beds, and in greenhouses which may have occasional sales of items at the site. Sale of nonagricultural times is prohibited.
Permitted Accessory Uses.
Only the following accessory uses and structures shall be permitted in both neighborhood gardens and community farms:
Open space associated with and intended for use as garden areas.
Signs limited to identification, information and directional signs, including sponsorship information where the sponsorship information is clearly secondary to other permitted information on any particular sign, in conformance with the regulations of the signage sections.
Attachment 11: City of National City Code Excerpt
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9. Benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, f art, rain barrel systems, and children's play areas.
Buildings, restroom facilities with composting toilets, and planting preparation houses.
Off-street parking and walkways, in conformance with the regulations of Division 4.
Tool sheds and shade pavilions.
Only the following accessory uses shall be permitted on community farms:
Greenhouses, hoophouses, coldframes, and similar structures used to extend the growing season.
Buildings limited to barns, restroom facilities with composting toilets, and planting preparation houses.
Cold storage.
Packing facilities.
Market stands.
Supplemental Regulations. Uses and structures shall be developed and maintained in accordance with the following regulations:
Location. Buildings associated with a community farm or neighborhood garden shall be set back from property lines of a residential district a minimum distance of ten feet, Height. No building or other structure shall be greater than sixteen feet in height.
Building Coverage. The combined area of all buildings, excluding greenhouses and hoophouses, shall not exceed fifteen percent of the garden site lot areas for community farms and five percent for neighborhood gardens. Buildings and other structures may not exceed 12 feet in height.
Parking and Walkways. Off-street parking shall be permitted only for those garden sites exceeding 15,000 square feet in lot area. Such parking shall be limited in size to 15 percent of the garden site lot area and must be surfaced in accordance with the parking section of this Land Use Code. Walkways shall be paved in accordance with the Americans with Disabilities Act (ADA).
Signs. Signs shall not exceed four square feet in area per side and shall not exceed six feet in height.
Farm Stands. Farm stands that sell produce grown on site shall be removed from the premises or stored inside a building on the premises during that time of the year when the garden is not open for public use.
Interior Fences. Fences around individual garden plots is permitted but not required. Interior fences shall be open and shall not exceed four feet in height.
Exterior Fences. Fences located on the perimeter of a community farm or neighborhood garden shall not exceed six feet in height, shall be at least fifty percent open if they are taller than four feet, and shall be constructed of wood, chain link, or ornamental (tubular) steel. For any garden that is fifteen thousand square feet in area or greater and is in a location that is subject to design review and approval by the regulating authority, no fence shall be installed without review by the city planning division.
Operating Rules. The garden management shall have an established set of operating rules addressing the governance structure of the garden, hours of operation, maintenance and security requirements and responsibilities; a garden coordinator to perform the coordinating role for the management of the
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community gardens; and, must assign garden plots according to the operating rules established for that garden. The name and contact number/address of the garden coordinator and a copy of the operating rules shall be kept on file with the city planning division.
Hours of Operation. Retail sales and all other public use of the farm shall begin no earlier than seven a.m. and end by seven p.m. every day of the week.
Certain Activities Prohibited.
Use of insecticides made from synthetic chemical materials is forbidden.
Use of synthetic herbicides and weed killers is prohibited.
Composting of animal parts is prohibited.
Production of intoxicating or poisonous plants is forbidden.
Use of chemical rodenticides, except for those that are acceptable under organic regulations.
Water, fertilizer, and other organic materials shall not drain onto adjacent property.
Use of barbed wire is prohibited.
Procurement of Water.
Procurement of water from public supplies should be negotiated between the Sweetwater Authority and the individual or organization conducting agricultural activities on the site.
Use of private sources of water, such as water delivered through a hose from a spigot attached to a participant's house, is permitted.
Use of on-site rainwater (i.e., rain barrels) shall be permitted providing it is not maintained for human consumption.
The use of water for irrigation shall be in conformance with Section 18.44.190 (Water Efficient Landscape Regulations) of this Land Use Code.
Toxic or Flammable Chemicals.
Gasoline used for the operation of lawnmowers or other combustion engine-driven gardening machinery must be kept in sealed containers in locked, ventilated structures.
No flammable materials or other chemical except the permitted chemicals mentioned above may be used or stored for an urban agriculture land use.
Machinery. Tractors, lawnmowers, and other farm-related machinery may be used and stored a long as they are in good working order and do not create a nuisance as defined elsewhere in the Municipal Code.
Prevention of Growth of Poisonous or Injurious Weeds.
Parties using or otherwise occupying urban agriculture land uses are responsible for preventing the growth of those weeds defined as poisonous or injurious.
Invasive species as defined by the California Native Plant Society and San Diego County American Society of Landscape Architects are not permitted and shall be promptly removed from the site.
Handling and Preparation of Food for Sale. Refer to county health department for rules regarding food and food establishments. These rules are to apply where parties involved in agriculture activities seek to sell food on-site.
Soil Dangers and Toxicity.
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Prior to implementing neighborhood gardens and community farms and before any food products may be grown in topsoil, such soil should be tested for contaminants that would render it unsuitable for cultivation, including, but not limited to: lead and other toxic heavy metals; industrial solvents; gasoline; perclorethylene; and other chemicals that can be transmitted to people via soil contact or consumption of foods grown in such soil.
Area of dry, loose soil that may be moved by wind should be covered by mulch or plastic or otherwise confined.
Rooftop Gardens. For multi-unit residential buildings and residential care facilities, rooftop gardens are highly encouraged. Rooftop gardens are also permitted on nonresidential buildings. Rooftop gardens can be grown in containers or as a "green roof system." A rooftop must be structurally capable of supporting the additional weight of a rooftop garden and the people who use them. Rooftop gardens should:
Be accessible to all residents of a residential building.
Have access to water.
Be provided with a storage area for equipment, material, and gardening tools.
Have a minimum safety enclosure of forty-two inches in height.
Be provided with shade if used by the elderly.
Be provided with a composting bin or bins.
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012)