Chapter 23.904 AGRICULTURAL, RESOURCE, AND OPEN SPACE USES

Chapter 23.904
AGRICULTURAL, RESOURCE, AND OPEN SPACE USES

Sections:

23.904.010 Purpose and applicability.

A. Purpose. The purpose of this chapter is to establish site planning, development, and/or operating standards for agricultural, resource, and open space land uses and/or activities that are allowed by Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) within individual or multiple zoning districts. It is the city’s intent, in establishing these standards, to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses.

B. Applicability. The regulations and standards contained in this chapter shall apply only to those uses expressly identified in the corresponding section and shall be in addition to any other development standards and regulations contained elsewhere within this zoning code (e.g., lighting, landscaping, parking). These uses may only be located in those zoning districts as described herein and shall only be authorized in concert with the permit requirements of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). Specifically, this chapter covers those uses within the agricultural, resource, and open space land use categories. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.2.010)].

23.904.020 Agricultural activities.

A. Purpose and Applicability. The purpose of this section is to establish development and operating standards for incidental agricultural activities and intensive agricultural activities. The intent of these provisions is to mitigate the potential adverse impacts of these activities on adjacent and surrounding land uses while implementing the city’s right-to-farm ordinance (RCMC Title 14). Uses subject to these standards include:

1. Incidental agricultural uses pertaining to estate uses common in estate residential districts (ER), including row crop cultivation and animal husbandry other than kennels; hog farms; feedlots; equestrian activities that consist of riding stables, boarding stables, and riding academies, whether private or commercial; and the keeping of domestic pets, exotic pets, livestock, and poultry, provided the activity is conducted on a hobby-type basis for personal use or consumption and that such activity is not a primary use of the premises.

2. Intensive agricultural activities pertaining to agricultural uses common in the agricultural zoning districts (AG-80 and AG-20), including the cultivation and tillage of the soil; dairying; the production, cultivation, growing, and harvesting of any agricultural commodity including timber, viticulture, apiculture, or horticulture; the raising of livestock, fur-bearing animals, fish, or poultry; and any practices performed by a farmer or on a farm as incidental to or in conjunction with farming operation, including preparation for market, delivery to storage or to market, or to carriers for transportation to market, as protected in the city’s right-to-farm ordinance (RCMC 14.05.030).

B. Development Standards for Incidental Agricultural Activities. In addition to the development standards of the underlying zoning district, the following special standards apply to all incidental agricultural activities:

1. Yards and Height. All buildings and structures erected or maintained on any lot or parcel for uses set forth in this section shall have yards and height limitations as follows:

a. All barns, stables, and other structures used for the housing of animals on any lot or parcel used as a commercial, public, or private stable or for incidental agricultural uses shall be located not less than 25 feet from all property and street right-of-way lines, except as otherwise herein provided. Said buildings or structures shall not exceed one story, except for a storage loft, nor be greater than 24 feet in height, unless a conditional use permit is first obtained from the council.

2. Building Area. The maximum area of buildings or structures used for incidental agricultural uses shall be limited to 1,000 square feet, unless a conditional use permit is first obtained from the council.

3. Lot Area. The minimum lot area for any lot used for any use set forth in this section, whether such use is a principal use of the property or is incidental to another principal use, shall be the area specified in this code applicable to the zone in which the property is located or the area hereinafter specified, whichever is the greater:

a. For any commercial or public stable, the minimum lot area shall be the area specified in this code applicable to the zone in which the property is located, or three acres, whichever is the greater.

b. For any private stable, the minimum lot area shall be the area specified in this code applicable to the zone in which the property is located, or 20,000 square feet, whichever is the greater.

c. For the keeping of small animals (with a weight of less than 75 pounds at maturity), other than domestic pets as defined in Chapter 23.1104 RCMC, on a noncommercial scale as an incidental use, the minimum lot area shall be the area specified in this code applicable to the zone in which the property is located, or 10,000 square feet, whichever is the greater.

d. For any other incidental agricultural use, the minimum lot area shall be 20,000 square feet.

e. For the incidental keeping of animals on any parcel or lot, a minimum lot area is not required; provided, that:

i. The conditions, standards, and requirements of the Rancho Cordova Municipal Code are met to the satisfaction of the chief of animal control.

ii. All areas devoted to such uses shall comply with the standards adopted by the Department of Public Health relative to noise, dust, odor, and pests, and shall be maintained to the satisfaction of the Director of Public Health.

iii. The keeping of animals on lots smaller than 20,000 square feet, except for the keeping of animals provided for in subsection (B)(3)(c) of this section, shall be conducted in accordance with a development plan and management plan approved by the city council at a public hearing for a conditional use permit.

iv. The provisions of this section shall not apply to public or private stables, or where such animals are kept as a general agricultural use.

4. Riding Stables and Corral Standards. In addition to the requirements set forth in this chapter, riding stables, boarding stables, and riding academies, whether private or commercial, shall not be erected, located, enlarged, or maintained without complying with the following standards:

a. Any corral, riding ring, or exercise yard used for keeping horses shall be enclosed by fence or other enclosure; and no part of any such corral, riding ring, or exercise yard shall be located closer than 20 feet from any door, window, or other opening of any building or structure on the same or any other parcel used or designed to be used for human habitation.

b. All fences which enclose livestock shall be designed, constructed, and maintained as provided in Chapter 23.731 RCMC (Fences, Walls, and Screening).

c. An operator of a commercial or private stable shall not allow dust, odor, or flies to become a public nuisance according to the provisions of the Public Health and Safety Code and at a minimum shall comply with the following:

i. The operator of a stable shall take every reasonable precaution to prevent the breeding of flies or the emission of dust or odors into the neighborhood. Reasonable precautions shall include:

(A) Routine manure and bedding clean-out of stalls and routine cleanup of manure deposited on the property.

(B) Maintaining sufficient natural vegetation.

(D) Disposal of animal wastes in a manner and location approved by the department of health, such as:

(1) Properly drying or composting, away from neighboring properties;

(2) Burying (two feet minimum); and/or

(3) Removal to approved disposal site.

ii. All areas shall be maintained in a sanitary condition and in compliance with the following standards: water usage and drainage shall not mix with manure accumulations and shall not be disposed of contrary to local and state requirements.

iii. Animal feed shall be stored and utilized in a manner that will not encourage rodent populations.

C. Development Standards for Intensive Agricultural Activities. In addition to the development standards of the underlying zoning district and the right-to-farm ordinance (Chapter 14.05 RCMC, Agricultural Activities) the following special standards apply to all intensive agricultural activities:

1. The right to conduct intensive agriculture shall not invalidate any provisions contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the State of California Water Code, if the agricultural activity, operation, or facility, or appurtenances thereof, constitutes a nuisance, public or private, as specifically defined in any such provisions (RCMC 14.05.050(C)) to the satisfaction of the director.

2. Agricultural operation shall be conducted in a manner consistent with accepted agricultural practices. If residents raise complaints that agricultural activities are not conducted in a reasonable manner or that operations are not conducted according to currently acceptable methods, a complaint may be filed according to the provisions established in the municipal code. [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.2.020)].

23.904.030 Urban agriculture.

A. An urban agricultural activity is the production of food in a form and scale that is appropriate for the urban context. Urban agriculture includes market garden, private community garden, public community garden, private garden, and aquaculture. Definitions for these urban agricultural uses are listed in RCMC 23.1104.040 (Land use definitions).

1. Development Standards for Urban Agriculture Activities. An individual wanting to conduct urban agricultural activities on their property must first obtain any necessary permits or approvals from the city acknowledging and agreeing to all applicable development standards below. This includes zoning certification for uses allowed by right in a particular zoning district to ensure compliance with relevant standards.

a. Maintenance.

i. Urban agriculture uses shall be maintained in a clean and orderly manner, including litter removal, irrigation, weeding, pruning, pest control, and removal of dead or diseased plant materials.

b. Equipment.

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

ii. Landscaping equipment designed for household use is permitted.

iii. Equipment when not in use must be enclosed or otherwise screened from sight.

c. Structures.

i. On-site urban agricultural stands are allowed up to a maximum 120 square feet in nonresidential and mixed-use districts. Structures shall be set back a minimum of five feet from the public right-of-way and property line.

ii. Structures to support urban agriculture, such as storage sheds, hoophouses, and greenhouses, are permitted, subject to compliance with the regulations of the underlying zone relative to structural setbacks and lot coverage as appropriate.

d. Signage.

i. A maximum of four square feet of signage is allowed but the sign may only be displayed during approved business hours and be located on the same property where produce is being sold. Compliance with Chapter 23.743 RCMC (Signs) is required.

e. Private garden location.

i. Due to concerns with maintenance and visibility, private gardens may not be located within the required front yard area. Private gardens may be located outside of the required front yard setback area and within designated side and rear yard areas.

f. Aquaculture operations.

i. The operation shall be contained entirely within an enclosed structure that meets the requirements of the underlying zoning, or in a yard that is screened from view of adjacent streets by fencing or landscaping.

g. Temporary sales of produce in residential zoning districts.

i. Produce may be sold from a residential garage and/or table located within the front yard setback and a minimum distance of five feet from the public right-of-way.

ii. Any tables, chairs, canopies, umbrellas, or other accessories needed for the sale of on-site produce must be temporary in nature and must be taken down and stored out of public view at the end of each day.

iii. Produce sales are limited to produce grown and processed on site.

iv. Operating hours for urban agriculture sales are limited to 8:00 a.m. to 7:00 p.m. on Tuesdays and Saturdays only.

v. All products for sale must comply with state and federal food and health safety rules and regulations.

vi. Fallow land/areas must comply with city stormwater drainage rules and regulations. [Ord. 4-2017 § 3 (Exh. B)].