301.06: CROP CULTIVATION: — Porterville Zoning Code

Commercial Crop Cultivation is allowed as an interim use in zones designated in Series 200 of this chapter. Land use regulations as identified in Series 200 and elsewhere in this Code apply.

A. Purpose and Intent

It is the purpose and intent of this section to provide opportunity for interim use of land within city limits until such time as the development market supports the intended development of said lands.
Commercial crop cultivation can be allowed on an interim basis only where the impacts of an agricultural operation will not be detrimental to the health, safety, peace, or general welfare of persons residing or working in the surrounding area.
Crop cultivation allowed under the premises of this section is secondary to its availability for urban development and should be available for development as an urban use when market conditions improve for such a use.
Use of a subject site for crop cultivation for an interim period does not result in the land being construed as an agricultural resource requiring protection or preservation.
If residentially zoned, the land, regardless of the status of its agricultural use, will be considered in the City’s Housing Element and the Regional Housing Needs Assessment (RHNA) as available for residential use.
The key intent of this section is to limit the use to a time period that is appropriate to the type of agricultural crop to be planted, to allow sufficient time for a reasonable profit to be realized while assuring that the use is interim in nature. At its discretion, the City Council may set time periods to limit the use to a specific amount of time.
This section shall not be construed to apply to animal confinement.

B. Development Standards: Commercial crop cultivation allowed by this section shall comply with the following standards:

The aerial application of fertilizers, pesticides, or other agricultural treatments is not allowed.
Prior to the application of pesticides, fungicides, or insecticides, notice will be given to all property owners within 300 feet of the parcel(s), and notice shall be posted on site along every 100 feet of street frontage. Notice shall be no smaller than 10" x 12" and with the word “Notice” in 80 point font.
A minimum twenty (20) foot wide drive aisle clearance shall be maintained along all property boundaries.
The applicant/property owner shall not enter into a Williamson Act contract or other agricultural preservation measure, whether for tax reduction or other purposes.
A vector/rodent control plan shall be submitted and approved with the conditional use permit and implemented for the term of the agricultural use.
The applicant shall indemnify the City of Porterville to the satisfaction of the City Attorney from and against any and all claims or legal recourse resulting from the agricultural operation.

C. Considerations: The following factors will be considered on a project-by-project basis to determine if commercial crop cultivation is an appropriate use for a particular site. The Council may consider the following factors or others as may be appropriate, based on the location of the proposed use and its proximity to urban uses and may consider limiting some crop types due to impacts of excessive noise, dust, vibration, odors or other effects on surrounding uses.

No “Right to Farm” is conveyed or otherwise implied with the use.
The area to be farmed is of adequate size, dimension and topography to accommodate the proposed use.
The burning of agricultural waste/trimmings/etc. on the property will not create a public nuisance or a danger due to the close proximity of urban uses.
On-site sale of crops is allowed in accordance with Subsection D, “Sale of Agricultural Crops”, of this section.
The use does not involve the installation of underground storage tanks.
Best Management Practices to reduce spray drift will be implemented.
Wells, as needed to serve the subject site, are subject to California Department of Public Health Services approval and review of the City Engineer.
Irrigation water run-off, if any, can be contained on site.
Use of municipal water for irrigation is prohibited.
The area shall be groomed of weeds and agricultural waste regularly to reduce potential fire hazard, proliferation of pests, and unsightly conditions.
Equipment and vehicles related to the active farming operation of the site shall not be parked in the public right of way and vehicular circulation related to the use shall occur on-site.
The applicant shall remove all abandoned crops upon discontinuation of the use.

D. Sale of Agricultural Crops: The on-site sale of agricultural crops may be considered by the City Council subject to the following criteria:

Sales from the site are seasonal in nature.
Sales are limited to those crops grown on site.
Sales booths have adequate parking and there is appropriate surfacing for the parking area and drive aisle.
There is safe access to and from the site from the right of way.
The sales booth conforms to all requirements of the California Building Code and the size of the booth is

commensurate with the crop to be sold, the size of the cultivation area and the length of the season, but shall not exceed 500 square feet.

One 40 square foot sign is allowed as a wall sign or freestanding sign not greater than twelve (12) feet in height. (Ord. 1866, 11-19-2019)