Attachment 9: City of Sacramento Urban Agriculture Regulations The Urban Agriculture Ordinance was adopted by the Sacramento City Council on March 24, 2015. Its purpose is to reduce the regulatory burden for urban agriculture. The ordinance amended Sacramento City Code to allow small-scale urban agriculture as the primary land use in most zones, and accessory uses such as temporary on-site urban agriculture stands. In addition, it included development and operational standards.
• “Market garden” is allowed as a primary land use (see table 1). • The allowable size of “community garden, private” is increased (see table 1).
• Onsite urban agriculture stands up to 120 square feet are allowed on the site of an urban agriculture use by right in most zones (see table 2). • Aquaculture operations are allowed as an accessory uses in residential zones, and as primary uses in non-residential zones, subject to the regulations of the underlying zone.
Urban Agriculture Stands
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 agriculture stands are limited to produce and value-added product grown on site. Parking for two cars is required for urban agriculture stands. This may be provided either on-street or at an offstreet parking facility accessed by an approved driveway.
Table 2 shows that there are more limitations and regulations for urban agriculture stands in residential zones than in commercial and industrial zones.
Additional Information:
• Development standards, operations and maintenance
• Urban Beekeeping
• Community Food Producers
Definitions:
“Aquaculture” means the cultivation of marine or freshwater fish, shellfish, or plants under controlled conditions. Aquaculture includes aquaponics which integrates aquaculture with hydroponics by recycling the waste products from fish to fertilize hydroponically growing plants.
“Community garden, public” and “community garden, private” were created to differentiate between public community gardens that are established, operated, and maintained by the City from private community gardens that are established, operated and maintained by persons other than the City. “Community garden, public” is not subject to the Planning and Development Code but is instead subject to Parks and Recreation Department rules.
“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. “Private garden” means a private food-producing garden that is accessory to the primary use of the site and which is located in the front yard, side yard, rear yard, rooftop, courtyard, balcony, fence, wall, window sill or basement. “Urban agriculture stand” means a temporary produce stand that is accessory to an urban agriculture use.
DEVELOPMENT STANDARDS
The Urban Agriculture Ordinance adds a new section, (Article VIII, including
17.228.810 and 17.228.820) to Sacramento City Code to provide development and operational standards for urban agriculture.
Structures to support urban agriculture, such as storage sheds, hoop-houses, and greenhouses, are permitted, subject to the regulations of the underlying zone. Aquaculture operations must be screened from street view. Fencing is not required for private community gardens and market gardens.
Garbage and compost receptacles at market gardens and community gardens must be screened from the street and adjacent properties by utilizing landscaping, fencing or storage within structures. Compost piles and containers must be set back at least 20 feet from residential buildings when an urban agriculture use abuts a residential land use.
For questions about zoning, development and operational standards for urban agriculture uses, contact [email protected] or call 311.
OPERATIONS AND MAINTENANCE
Except for initial preparation of the land, heavy mechanized farm equipment is prohibited in residential districts. Landscaping equipment designed for household use is permitted. When not in use, equipment must be enclosed or otherwise screened from sight.
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.
Vacant lots that have been turned into market gardens and private community gardens are considered commercial enterprises and are not eligible for city collection services. Commercial enterprises such as market gardens and private community gardens are not allowed to place any yard waste in the street at any time. If they contract with private hauler to manage waste, it must be a franchised hauler approved by the Sacramento Waste Authority.
Property owners of parcels are ultimately responsible for any violation of code related to waste removal. Questions on waste removal and urban farming can be sent to [email protected].
Urban agriculture activities must include best practices to prevent pollutants from entering the stormwater conveyance system and must comply with all applicable federal, state, and local laws, ordinances, or regulations, including, but not limited to, the stormwater management and discharge control code in chapter 13.16 and the grading, erosion and sediment control ordinance in chapter 15.88. For questions about urban agriculture and water quality, contact [email protected] or (916) 808-4H20 TABLE 1 - URBAN AGRICULTURE USES
ZONE CATEGORY ALLOW BY RIGHT ZA CONDITIONAL USE
PERMIT
ACCESSORY
USES
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)
MARKET
GARDEN AND COMMUNITY
GARDEN, PRIVATE UP TO 1
ACRE
AQUACULTURE
MARKET
GARDEN AND COMMUNITY
GARDEN,
PRIVATE EXCEEDING 1
ACRE
PRIVATE
GARDEN,
URBAN
BEEKEEPING,
AQUACULTURE
COMMERCIAL ZONES (C-1, C-2,
C-3, C-4, OB, OB-2, OB-3, SC)
MARKET GARDEN
AND COMMUNITY
GARDEN, PRIVATE UP TO 3
ACRES;
AQUACULTURE
MARKET
GARDEN AND COMMUNITY
GARDEN,
PRIVATE EXCEEDING 3
ACRES
PRIVATE
GARDEN AND
URBAN
BEEKEEPING
INDUSTRIAL/MANUFACTURING
(M-1, M-1(S), MIP, MRD, H,
SPX, HC)
MARKET GARDEN
AND COMMUNITY
GARDEN, PRIVATEHAVE
NO UPPER SIZE LIMIT.
NA PRIVATE
GARDEN AND
URBAN
BEEKEEPING
TABLE 2 - URBAN AGRICULTURE STANDS
Zone Category Allow by right Limitations ZA Conditional Use Permit 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)
On-site urban
agriculture
stands* up to
120 sq. ft.
- Hours of
operation: 8:00 am-7:00
pm (must be dismantled
and removed during nonoperating hours)
-Days: Limited to
Tuesdays & Saturdays,
except on vacant lots
-Prohibited on lots where
a private garden is in
front yard
On-site urban agriculture
stands greater than 120 sq.
ft.
Commercial & Industrial
Zones (C-1, C-2, C-3, C-4,
OB, OB-2, OB-3, SC, M-1, M1(s), MIP,MRD, H, SPX, HC)
On-site urban
agricultural
stands* up to
120 sq. ft.
- Hours: 8:00 am-7:00 pm On-site urban agricultural
stands greater than 120 sq.
ft.
* Off-site stands will continue to use existing code provision for community markets.