Encinitas City Zoning Code
CHAPTER 30
33 URBAN AGRICULTURE
§ 30.33.010 Purpose.
A.
The purpose of this chapter is to establish regulations for agricultural uses and to establish a simplified permit for all agricultural uses in this title requiring a discretionary action.
B.
It is the intent of this chapter to further the greater public interest in allowing urban agriculture, which can provide multiple benefits to the community. Urban agriculture connects residents to the broader food system, builds community, and offers local food access, education, and economic development potential. Urban agricultural also encourages sustainable practices that protect the environment, public health, and animal welfare.
(Ord. 2016-08)
§ 30.33.020 General requirements.
Urban agriculture activities shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including, but not limited to, Certified Local Coastal Program, steep slope encroachment, grading, stormwater quality, clearing of natural vegetation, and buffers from sensitive habitat, wetlands and bluffs.
(Ord. 2016-08)
§ 30.33.030 Community garden.
A community garden is permitted with an agriculture permit in all zones except the L-VSC and VSC Zones and shall be subject to the following standards:
A.
Limitations. A community garden is prohibited within the Coastal Appeal Zone of the ER/OS/PK Zone.
B.
Hours of Operation. Hours of operation shall be limited to the hours between sunrise and sunset. No motorized equipment shall be used on-site before 7:00 a.m. nor after 7:00 p.m.
C.
Parking. No parking is required if adequate on-street parking is available within 400 feet.
D.
Water Use. Potable water efficient irrigation techniques such as drip irrigation or micro-spray systems with timers to control watering times are encouraged. All hoses shall be equipped with a positive shut-off trigger nozzle. Mulching of planted areas is encouraged to retain plant moisture.
E.
Composting. Composting as an accessory use may be performed on-site within a composting container subject to the following standards:
F.
The keeping of chickens (hens only, not roosters) at a community garden shall be permitted subject to the following provisions:
1.
Number of chickens and location of enclosure for chickens at a community garden shall comply with requirements of Chapter 30.55 of the Encinitas Municipal Code.
2.
Sales. A community garden that sells its produce to a retailer, shall not locate the planting areas down slope from the enclosure and animal waste may not be used to fertilize the community garden.
(Ord. 2016-08)
§ 30.33.040 Agriculture permit.
A.
Purpose. It is the purpose of this section to provide procedures for the review and, where necessary, the imposition of special conditions of approval on proposed projects which involve special site or design requirements, operating characteristics or potential adverse effects on the surrounding area.
B.
Scope of Section. This section applies to all projects which are required by the provisions of the Encinitas Municipal Code to obtain an agriculture permit.
C.
Prohibitions.
1.
Without first having obtained an agriculture permit, it shall be unlawful for any person to construct a project when such a project is required by the provisions of the Encinitas Municipal Code to obtain an agriculture permit.
2.
No building permit or other development permits shall be issued relating to a project for which an agriculture permit is required by the provisions in the Encinitas Municipal Code until the agriculture permit is obtained.
3.
In the Coastal Zone, an agricultural permit shall not be issued without a coastal development permit.
D.
Authority to Grant Permit. The Director of Planning and Building is authorized to render a final determination on an application for an agriculture permit for a project.
E.
Notice. When a notice is required by the provisions of this section, notice shall be made in accordance with Section 30.01.070 (Noticed, Public Hearings) as modified by the following:
1.
The notice shall indicate the time prior to which written objections must be filed.
2.
When not specifically designated "adjacent property owners" as defined in Section 30.01.070 (Noticed, Public Hearings), public notice shall be mailed to all occupants and property owners of property located within 300 feet of the exterior boundaries of the property which is the subject of the hearing or the 20 nearest occupants and property owners, whichever creates the greater number of notices.
3.
An application for an agriculture permit for a project which requires an application for a use permit or any other discretionary permit shall be noticed as part of the noticing procedures required by this Code for such other applications.
4.
When a hearing is required, if the date, time and place of a subsequent hearing or a continued hearing is announced at the noticed time and place, no additional notice is required for the second or continued hearing, unless required by law. If no such announcement is made at the noticed time and place, the second or continued hearing shall be noticed in accordance with Chapter 30.01 as modified by this section.
F.
Procedure.
1.
Pre-Application Conference. Prior to submitting an application for an agriculture permit, a prospective applicant shall consult with the Planning and Building Department to obtain information and to inform the Department of the applicant's intentions. Attending a staff advisory committee meeting satisfies this requirement.
2.
The owner or the owner's authorized agent of the real property on which the project is proposed shall make application for an agriculture permit to the Director on a form approved by the Director. To be received, the application must be accompanied by a filing fee in an amount set, from time to time, by resolution of the City Council, together with whatever additional plans and information the Director deems necessary to accomplish the purposes of this section. The application shall include plans, maps and displays in sufficient detail to explain the proposed project's compliance with the regulations contained in this section.
3.
The Director shall provide to the applicant the dates, times and places for consideration of the application and place the matter on the agenda of the authorized body.
G.
Final Determination.
1.
A final determination on the application for an agriculture permit shall be made by notice of determination by the Director setting forth the facts which support the action.
2.
An application for an agriculture permit shall be approved upon satisfying the following findings:
a.
Appropriate controls are in place that will ensure the project does not have a negative impact on adjacent properties, their owners and occupants, or the surrounding neighborhood.
b.
The proposed location, size, height, operations and other significant features of the use will be compatible with and is appropriate to the area in which it is located.
c.
The proposed use does not negatively affect the environment and has adequate safeguards in place to ensure ongoing protection of the environment.
d.
The proposed use is consistent with land uses permitted by the zone within which the site is located, and land uses consistent with the General Plan land use designation of the site.
e.
All applicable development standards are met.
H.
Imposition of Conditions.
1.
The Director shall have the authority to impose such conditions and safeguards as it deems necessary to protect and enhance the health, safety, and welfare of the surrounding area, and to ensure that the proposed project for which agriculture permit approval is sought fully meets the criteria as set forth in this section.
2.
No agriculture permit shall require a condition which is not reasonably related to the project for which the agriculture permit is requested.
I.
Covenant. At the discretion of the Director, to accomplish the purposes of this section, the agriculture permit may be issued in the form of a covenant to be signed by the permittee and recorded with the County Recorder.
J.
Substantial Conformance with Agriculture Permit.
1.
Prior to the issuance of a building permit or any other permit required for the construction of a project for which an agriculture permit has been issued, the Director shall determine whether the plans submitted for such construction permit are in substantial conformance with the agriculture permit.
2.
The Director has the authority to find minor changes to project plans to be in substantial conformance if:
a.
No project condition is changed or deleted;
b.
No feature, facility or amenity is deleted or substantially altered which had been considered essential to the project's quality, safety or function by the decision making body;
c.
No additional lots are added;
d.
No private or public open space is reduced in area or in its potential for use and enjoyment;
e.
The shape and bulk of structures, exterior building materials, landscaping, parking and access are substantially in conformance with the spirit and intent of the agriculture permit decision;
f.
The grading plan will not increase or decrease the final grade on any part of the site by more than three feet over or under the plan approved by the agriculture permit decision, unless the Director finds that the project is not substantially altered by the grading change; and
g.
No significant changes are made which, in the opinion of the Director, should be reviewed by the body which approved the original agriculture permit.
3.
A final determination made under this section shall be posted at City Hall and will be effective unless an appeal is filed pursuant to Chapter 1.12. The City Council shall be notified of the final determination. If the determination is that the construction is in conformance, the applicant may proceed, at the applicant's own risk, during the appeal period. The applicant or any aggrieved person may appeal the decision, or the applicant may apply for a modification of the agriculture permit.
K.
Modification of Agriculture Permit. An applicant may apply for a modification of a valid agriculture permit. The application procedures, hearings and notifications for any modification shall be the same as for a new application. If the Director finds that the modification is minor, and is required due to circumstances beyond the applicant's control, the application for modification shall be given priority in scheduling for a decision.
L.
Expiration and Extension of Permit.
1.
At any time after two years from the date of approval or the expiration date of any extension granted in accordance with the Municipal Code, the City may require a noticed public hearing to be scheduled before the authorized agency to determine if there has been demonstrated a good faith intent to proceed in reliance on this approval. If the authorized agency finds that a good faith intent to proceed has not been demonstrated, the application shall be deemed expired as of the date of approval (or the expiration date of any extension). The determination of the authorized agency may be appealed to the City Council pursuant to Chapter 1.12.
2.
The Director may, upon written request by the applicant, grant reasonable extensions of up to a total of two years for the agriculture permit; provided no change in City policies has occurred which would be in conflict with the project. A request for such an extension shall be filed with the Director at least 15 calendar days prior to the expiration of the agriculture permit, together with the required application fee. Upon proper filing of an application for extension, public notice shall be made according to the provisions of Chapter 30.01 as modified by this chapter. A public hearing is not required.
M.
Suspension or Revocation of Agriculture Permit.
1.
The Director shall suspend any agriculture permit and issue no certificate of occupancy if the project is not constructed in compliance with the agriculture permit. The notice of suspension shall be mailed to the applicant by certified mail and posted on the project site and regular public notice shall be provided.
2.
The suspension of the agriculture permit and the suspension of all related permits shall be lifted by the Director if:
a.
The applicant has completed all necessary changes to bring the project into compliance with the original agriculture permit, or with the agriculture permit as amended by an appeal or modification; or
b.
The final appeals body has determined that no violation of the agriculture permit exists.
c.
Additional conditions may be imposed as a condition of lifting the suspension.
3.
Following public notice, a suspended agriculture permit may be revoked by the Director when the responsible party cannot demonstrate the ability to resolve the issues resulting in the suspension involving noncompliance with conditions of the entitlement.
N.
Reapplications. At least one year shall have elapsed since the effective date of a disapproval of an application before filing a new application seeking substantially the same agriculture permit for any of the same property.
(Ord. 2016-08; Ord. 2019-14; Ord. 2022-07)