Berkeley Municipal Code Ch. 23.318 Urban Agriculture

This chapter establishes urban agriculture standards to provide the following community benefits:

A. Support the local economy and increase access to fresh local produce.

B. Strengthen the health and social fabric of communities by encouraging and supporting community gardens.

C. Accomplish the Berkeley Climate Action Plan goal of supporting efforts to build more complete and sustainable local food production and distribution systems. (Ord. 7787-NS § 2 (Exh. A), 2021)

These regulations supersede definitions of incidental or ancillary uses. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Zoning Certificate. When all of the thresholds in Section 23.318.040 (Thresholds) are met, the use is considered Low-Impact Urban Agriculture (LIUA) and is allowed by right with a Zoning Certificate.

B. Administrative Use Permit. When one or more of the thresholds in Section 23.318.040 (Thresholds) are not met, the use is considered High-Impact Urban Agriculture (HIUA) requires an AUP. (Ord. 7787-NS § 2 (Exh. A), 2021)

The levels of discretion for urban agriculture are based on the following thresholds:

A. Maximum parcel size of 7,500 square feet.

B. Maximum lot coverage of 20 percent for accessory structures and buildings.

C. Maximum group classes and workshops of 20 participants per class conducted no more than three times per week.

D. Hours of operation from 8:00 a.m. to 8:00 p.m., including but not limited to activities related to gardening and planting of horticultural crops, group classes, and sales.

E. Use of organic pesticides. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Performance Standards. The growing, production, or sale of urban agricultural products may not involve hazardous materials or processes or create offensive or objectionable noise, vibration, odors, heat, dirt, or electrical disturbance perceptible by a person beyond the lot line of the subject lot.

B. Sales and Donations.

1. Sales and/or donations of urban agricultural products grown and produced on-site are permitted.

2. If selling or donating urban agricultural products to the public, the urban agriculture use shall comply with all applicable food safety laws, including the California Health and Safety Code.

C. Garbage and Compost.

1. Garbage and compost receptacles must be screened from the street and adjacent properties by utilizing landscaping, fencing, or storage structures and all garbage shall be removed from the site weekly.

2. Compost piles and containers must be set back at least 10 feet from residential buildings when an urban agriculture use abuts a residential use.

D. Farm Equipment. Use of mechanized farm equipment is not permitted in Residential Districts and when the urban agriculture use abuts a residential use, with the following exceptions:

1. Heavy equipment may be used initially to prepare the land for agriculture use.

2. Landscaping equipment designed for household use is permitted.

3. Equipment when not in use must be enclosed or otherwise screened from sight. (Ord. 7787-NS § 2 (Exh. A), 2021)

Uses, activities, or events associated with urban agriculture are subject to Municipal Code Chapters 23.414 (Nuisance Abatement) and 12.92 (Anti-Blight) if found to be non-compliant with this chapter. (Ord. 7787-NS § 2 (Exh. A), 2021)