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)
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)
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)
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)
