§ 15-2716. CROP CULTIVATION.

A.

Applicability. This section applies to all crop cultivation activities, inclusive of plant nurseries. It does not apply to community gardens, edible landscaping on residential property, or Nurseries and Garden Centers.

B.

Agricultural Labor Housing. Regarding Agricultural Labor Housing, in the event of a conflict between this Code and California Health and Safety Code section 17021.6, relating to agricultural land use designations for employee housing, the Health and Safety Code shall prevail.

C.

Grading. Grading is required for site clearance and leveling prior to commencement of any activity.

D.

Ag Conservation. Any Agricultural Land Conservation ("Williamson Act") Contract that was in force prior to (re)establishment of agricultural uses on land designated for single-family residential uses shall be permitted to continue in effect under the terms of Resolution No. 2006-130 and any successor Resolution or Ordinance enacted by the City.

1.

No new application for an Agricultural Land Conservation Contract shall be approved for land designated for urban uses, as the agricultural use will forthwith be considered as incidental or transitional to the planned urban use.

E.

Street Rights-of-Way. Plantings of trees and vines, buildings, and water wells shall not be installed on portions of a property planned for right-of-way for Major Streets.

F.

Storage Tanks. Private storage tanks for fuel shall be installed and maintained pursuant to the appropriate permits and required approvals from the County Environmental Health and the Fire Department. Tanks shall be located at least 20 feet from property lines and are subject to additional setback requirements at the discretion of regulatory agencies.

G.

Water Management.

1.

Irrigation tailwater and stormwater runoff shall be managed on-site by means of grading, vegetated swales, and on-site detention facilities so as to prevent drainage to abutting property and to prevent silt and contaminants from entering the municipal stormwater management system, irrigation canals, and natural watercourses.

2.

For sites greater than one acre, a grading permit shall be obtained that identifies tailwater and stormwater management features.

3.

On-site water detention facilities shall conform to City standards for construction and management to prevent breeding of mosquitoes.

4.

Irrigated cropland shall be managed in compliance with California Water Code Section 13260, pertaining to the Irrigated Lands Program, pursuant to regulations of the California Water Boards.

H.

Water Usage. Use of water for irrigation for crop cultivation.

1.

When feasible and permissible, surface water supplies and/or recycled water shall be used for irrigation. When irrigation district surface water supplies allocated to a property have been assigned to the City of Fresno as part of the annexation process, the City Water Division must approve in writing any subsequent re-direction of those irrigation district surface water allocation to growing crops on the property. When growing activity ceases, the surface water allocation shall revert to the City of Fresno.

2.

Construction of any new non-potable water delivery facilities shall comply with Fresno Irrigation District regulations. Appropriate easement covenants shall be recorded for conveyance of non-potable water.

3.

Installation of irrigation pipelines shall be minimized to the extent possible in portions of a property planned for right-of-way of major streets. Where it is unavoidable to avoid planned right-of-way, such pipelines shall be constructed of appropriate material to allow subsequent street construction without replacement of the pipeline.

4.

At the conclusion of crop cultivation activities, irrigation pipelines shall be removed unless the City approves their retention for non-potable water conveyance. Irrigation easements no longer needed for conveyance of water supplies shall be vacated. Surface water rights shall accrue to the City of Fresno when the irrigation water is no longer being delivered for agricultural activity.

5.

Any premises having both a potable water utility connection and a separate source of water for agricultural irrigation must have an approved backflow prevention device (meeting to City Water Division standards) on the potable water connection. The backflow device shall be installed with required City permits and is subject to periodic testing.

6.

Installation of any water line used to deliver a potable water supply for irrigation of a crop cultivation site requires approved plumbing permits from the City. Any hose bibb or sprinkler connection to a potable water utility system shall be equipped with backflow protection approved by the City, such as a vacuum breaker fitting.

7.

Any crop cultivation use of water from a potable water utility system shall be metered.

8.

Efficient Water Management Practices identified in Fresno Irrigation District's adopted Agricultural Water Management Plan shall be implemented as feasible.

9.

When 20 or more contiguous acres are involved in agricultural or horticultural activity, a private water well may be developed, reconstructed, or rehabilitated on the premises to supply irrigation water, subject to all of the following:

a.

Submittal of an irrigation water use plan for Water Division approval.

b.

City Water Division's written approval of an irrigation water well application pursuant to Fresno Municipal Code Sections 6-402 and 6-505, including siting of the proposed well and portions of the well casing with perforations or screening.

c.

Approval of the appropriate level of environmental review for the irrigation well development project.

d.

Execution of an agreement with the Water Division to do the following: maintain well production metering and records of well production; to pay the applicable Recharge Fee or provide alternative groundwater extraction mitigation acceptable to the Water Division; and to limit the well's groundwater extraction to a sustainable yield as shall be determined after well development based on the Water Division's review of pump tests.

10.

Wells used for crop cultivation irrigation must be improved pursuant to State of California Department of Water Resources standards and Water Division requirements based on water well application review. Irrigation wells shall additionally be equipped with a meter accessible for periodic readings by the City for the purpose of assessing the City's Private Well Irrigation Fee.

11.

Water from an irrigation well must be used solely on the premises where the well is located.

12.

Water from a private off-site well shall not be used for irrigating agricultural or horticultural activity.

13.

The practices of "chemigation" and "fertigation," and any other means of distributing agrichemicals via irrigation water, shall only be permitted if there is no risk of such chemicals flowing back into a well.

14.

At the conclusion of crop cultivation activities, any associated well shall be destroyed in accordance with the provisions of California Department of Water Resources Water Well Standards and the standards of the City Water Division. Alternatively, and only if approved by the Water Division, a well no longer needed for irrigation may be retained and secured for subsequent public pump station use if the well has been appropriately constructed.

I.

Fencing shall be located on the property, not on street rights-of-way. For parcels comprising over five acres, perimeter fencing for crop cultivation uses shall be set back from property lines as necessary to allow at least six feet for safe pedestrian access along any roadway. For parcels comprising less than five acres, fencing for these uses shall conform to the regulations of the underlying zone district with regard to setbacks from rights-of-way and heights. Fences shall comply with Section 15-2006, Fences, Walls, and Hedges.

J.

All pesticides, fertilizers, and hazardous materials used and stored at the premises shall be subject to use, storage, handling, disposal, disclosure and inventory requirements administered by the Fresno County Agricultural Commissioner, Fresno County Environmental Health, California Environmental Protection Agency Division of Toxic Substance Control, and Fresno Fire Department. No application of pesticides shall be allowed by means of aircraft (unless such spraying is ordered by the State of California or the Agricultural Commissioner for the entire municipal area to address a serious pest outbreak). All pesticides, fertilizers, and hazardous materials shall be stored in securely locked structures having an impervious floor. All such storage structures shall be located at least 20 feet from property lines and are subject to additional setback requirements at the discretion of regulatory agencies.

K.

Properties proposed for cultivation shall not be on the list of hazardous materials sites compiled pursuant to California Government Code Section 65962.5; or, if a property does appear on that list, prior to it being cultivated the California Environmental Protection Agency Department of Toxic Substances Control or Fresno County Certified Unified Permit Agency shall provide written clearance that hazardous material residues will not harm persons cultivating the site or consuming any produce grown on the site.

L.

Cultivation and soil amendment activities shall conform to applicable regulations of the San Joaquin Valley Air Pollution Control District, including controls for particulate matter, fugitive dust, bulk material handling, and odors. No mechanized cultivation activities which generate dust (including, but not limited to, tillage, harvest, and ground sweeping) shall be done when ambient moisture levels are low and wind speed exceeds 12 miles per hour.

M.

No on-site burning of waste material shall be allowed. Waste material and litter associated with agricultural operations shall be properly disposed of in a timely manner, and shall not be permitted to blow onto adjacent properties.

N.

When permitted by the underlying zone district, plant products grown on the premises may be sold on the premises by means of an on-site stand subject to provisions of subsection 15-2752, Roadside Fruit Stands/Grower Stands.

O.

Beehives may be temporarily placed on crop cultivation sites 20 acres or more in size, regardless of the underlying district, for pollination purposes. A source of water shall be provided within twenty 20 feet of all hives and the hives shall be located at least 40 feet from property lines. Beehives shall be properly maintained according to apiary standards administered by the Fresno County Agricultural Commissioner. Aggressive or "Africanized" beehives shall be immediately removed by the owner or operator.

P.

Except where the setback requirements of this subsection are more restrictive, setback and lot coverage requirements of the underlying zone district shall apply. Greenhouses and agricultural or horticultural storage facilities shall be classified as buildings in determining lot coverage. The property development standards of the underlying zone district shall apply with regard to building heights.

Q.

Sonic hail disruptors ("hail cannons") and noisemaking devices for repelling birds and other crop pests shall not be permitted.

R.

Soil amendments and waste material that attracts nuisance flies or supports growth of such flies shall not be permitted.

S.

Any agricultural operation located in an area regulated under an Airport Land Use Compatibility Plan or airport specific plan shall be operated in conformance with the applicable Wildlife Hazard Mitigation Plan for that airport.

T.

Street trees and trees established to satisfy shading criteria of applicable permits and subdivision maps shall not be removed to accommodate crop cultivation activity.

U.

Prior to tillage or excavation for cultivation, parties undertaking the activity shall confirm that there are no Fresno Metropolitan Flood Control or Fresno Irrigation District underground facilities and shall call the Underground Service Alert Program (the "811 - Call Before You Dig") line. Parties intending to cultivate trees or trellis crops shall conform to utility company policies and regulations with regard to separations from overhead lines.

V.

On a property being cultivated, any maintenance, repair stabilization, rehabilitation, restoration, preservation, conservation, or reconstruction of an identified historical resource shall be done consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings, available from the City of Fresno Historic Preservation Project Manager.

(Added Ord. 2015-39, § 1, eff. 1-9-16).