Berkeley City Zoning Code
ARTICLE XVIII
Community Gardens
Section 400.1380 Purpose and Intent.
[Ord. No. 4673, 6-7-2021]
A.
Allow the growing of crops in urbanized areas while minimizing negative impacts to adjacent properties and the community.
B.
Encourage locally grown produce, promote healthy and nutritional food, and fill gaps in food accessibility for a community.
C.
Foster community development by providing opportunities for recreation, education/training, special events, social interaction, and economic potential.
D.
Provide green space in urbanized areas to enhance community character and reduce the impact of pollutants and stormwater runoff.
Section 400.1390 Definitions.
[Ord. No. 4673, 6-7-2021]
As used in this Article the following terms shall have the meanings indicated:
Land managed and maintained by a public or non-profit organization, or a group of individuals, to grow and harvest food crops and/or ornamental plants for use by a group, individuals cultivating the land and their households, or for donation. Community gardens may be divided into separate plots for cultivation by individuals or used collectively by members of a group. A community garden is the principle use of a parcel of land.
An unheated outdoor structure consisting of a wooden or concrete frame and a top of glass or plastic, used for protecting seedlings and plants from the cold.
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A structure or portion of a structure made primarily of glass or other translucent material, for which the primary purpose is the cultivation or protection of plants.
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A structure made of piping or other material covered with translucent plastic, constructed in a half round or hoop shape.
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A bed in a garden or park is an area of ground that has been specially prepared above the ground in box for planting.
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Section 400.1400 Permitted Uses.
[Ord. No. 4673, 6-7-2021]
A.
Community gardens are permitted by right in residential ("R-1," "R-2," and "R-3") districts. However, only one (1) garden per ward. Multi-family "R-4" is not allowed because of density.
B.
Community gardens may include the following uses:
1.
The cultivation, growing, and harvesting of any agricultural, or horticultural commodity.
2.
Greenhouses, hoop houses, cold frames, and similar structures for the growing of plants.
3.
Open space for active and passive recreation including children’s play areas. However, playground equipment is prohibited.
4.
Sheds, gazebos, and pavilions, and similar structures as accessory uses.
Section 400.1410 Specific Criteria for Community Gardens.
[Ord. No. 4673, 6-7-2021]
A.
Community gardens are subject to the following regulations:
2.
Setbacks.
a.
All structures must comply with the setbacks for accessory structures in the district in which it is located unless a more restrictive setback is required by this Section, or
b.
All structures must meet the existing setback from a property line in the in district which it is located
c.
The keeping of animals is prohibited.
3.
Coverage.
a.
Lots used as community gardens must comply with the coverage requirements of the zoning district in which it is located, or
5.
Parking.
a.
The applicant shall demonstrate that sufficient parking spaces and loading spaces will be available or provided for all uses proposed.
b.
One (1) parking space is required for every individually plotted cultivated area within the community garden.
c.
All parking lots and adjacent areas shall be designed and maintained in accordance with the off-street and loading provisions in each zoning district.
d.
All off-street parking areas shall be paved.
e.
If the Public Works Director determines that additional space is needed, the director can require additional parking/loading space be provided.
f.
The ingress/egress shall be improved with a paved surface.
7.
Composting.
a.
Setback regulations for composting containers and materials shall comply with underlying zoning regulations for accessory structures, or
b.
Any compost container must be located at least five to ten (5-10) feet away from any lot line.
c.
Compost materials shall be stored in a manner that is not visible from adjacent residential properties and zoning districts.
d.
Composting areas and structures must be maintained in a way that protects adjacent properties from nuisance odors, the attraction of rodents or other pests, and runoff onto adjacent properties.
e.
Composting materials shall only be generated on-site.
f.
Organic waste material for composting may be accepted from outside sources and used on-site, but may not be sold.
8.
Operations.
a.
The hours of operation shall be from dawn until dusk and protect neighbors from light, noise, disturbance or interruption.
b.
The site must be designed and maintained so that water and fertilizer will not drain onto adjacent property or public sewers.
c.
All seed and fertilizer shall be stored in sealed, rodent-proof containers.
d.
Processing or storage of plants or plant products is prohibited on any site.
e.
Gardening tools and supplies may be stored within an accessory building that is in compliance with the zoning district.
f.
A community garden shall be conducted in such a way that no traffic congestion, noise, glare, odor, smoke, vibration, fire hazards, safety hazards, electromagnetic interference, or otherwise, shall be noticeable at or beyond the property line.
g.
Community gardens and their users shall comply with all Federal and State regulations concerning the use and storage of pesticides.
Section 400.1420 Permitting Process for Community Gardens.
[Ord. No. 4673, 6-7-2021]
A.
Applicants proposing a community garden must submit a zoning permit application "Exhibit A," held on file in the City offices, identifying the following:
1.
Location map and property address.
2.
Name and contact information of person or organization.
3.
All existing and proposed structures and buildings.
4.
Location and height of proposed structures and buildings including sheds, containers, animal housing, coops, hives, compost facilities, landscaping and fencing.
5.
Description of the proposed operation and activities; and retail sales (if permitted).
6.
Distance between structures/activities and neighboring properties.
7.
Driveways, access drives, parking areas, and loading areas.
8.
Location and adequacy of sewage facilities (if required).
9.
Stormwater plan (if required).
10.
Proposed operating dates/times.
11.
Estimated number of separate plots to be cultivated by individuals.
13.
Certify compliance with all applicable local, State, and Federal regulations and permits.
14.
If planting on City owned land, a hold harmless agreement shall be attached to the application.