Urban Agriculture Policy Scan | Long BeachDraft Prepared by ChangeLab Solutions 5/14, modified by LB Fresh 10/15

As a city with a vibrant group of farmers and gardeners and one of the most expansive community garden networks in the country, Long Beach is well positioned to build a robust urban agriculture program. We reviewed the municipal and zoning codes for Long Beach, CA to identify existing policies that either support or create barriers to urban agriculture and we talked with Larry Rich and Ryan Smolar to understand how policies are implemented by city administrators, non-profits and residents. We found that most of the municipal and zoning regulations fall into a grey zone that is neither particularly prohibitive nor encouraging for urban agriculture. Similarly, while city administrators generally hold a liberal interpretation of city policies that affect the development of urban farms and gardens, much of the land that could be used to expand programs is tied up by the closure of the local redevelopment agency or held privately. While the development of urban agriculture has been met with little regulatory resistance, the areas of the code that pose potential barriers for urban agriculture in Long Beach include:

Allowing Sales of Produce Grown in Long Beach: The current definition of “community garden” explicitly states that such uses are non-commercial, and there are no regulations that specifically address on-site sales (e.g., from a farm stand) of produce grown in home gardens, community gardens, or urban farms. In addition, regulations prohibit the outdoor display of fruits, veggies, plants and flowers if they are not attached to a retail store. However, cottage food businesses are allowed. Beyond Community Gardens: Farms and gardens that serve multiple purposes (such as job training programs, medical rehabilitation etc…) are currently flying under the regulatory radar. Creating specialized zoning definitions that supports these creative and intensive uses provides a foundation from which innovative programs can grow. Accessing Public Land: Many cities use land inventories to identify land, issue Requests for Proposals for community groups to maintain, manage, and operate food-growing programs, and subsequently enter into leases or other forms of agreements with non-profits, business, or individuals to allows groups to access land. While some of Long Beach’s thriving community gardens are located on public land (such as Farm Lot 59), the city does not have a routine process for identifying, prioritizing, and making public land available for community groups who wish to run urban agriculture initiatives. Accessing Private Property: Long Beach does not yet have an “Urban Agriculture Incentive Zone” ordinance in place, pursuant to AB 551. This policy would allow private landowners who have entered into 5-year agreements with the city, to be taxed at a lower property tax rate for vacant parcels used for urban agriculture. Landscaping Standards: The landscaping standards provide a framework that could be used for the benefit of urban agriculture, but aside from the specific carve-outs that apply different water efficiency standards to community gardens, there is very little tailoring to the specific needs of urban farms and gardens. Water Efficiency Standards: Though there are specific carve outs for water efficiency for community gardens, orchards and nurseries, home gardens have limitations that may be prohibitive.

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Long Beach Policies Impacting Urban Agriculture 1) Zoning Code – use definitions, accessory structures, and allowed zones for urban ag activities a) Definitions i) "Community garden1" means a plot of land where flowers, fruits, herbs, or vegetables are cultivated by individuals of a neighborhood (noncommercial activity). ii) "Corral2" means a pen or enclosure for confining livestock, as defined in this Title. It is generally a fenced-in area containing more than ninety-six (96) square feet of area which is open to the sky and which does not have a wall greater than six feet (6') in height. b) Landscaping Standards3 i) The general requirements for landscaping have fairly stringent paving (no more than 30% impermeable pavement) and water efficiency (minimum of 90% of landscaping must use low water use plants). There are extensive landscaping regulations. If they are applied to urban ag, some regs would be prohibitive. ii) Water Efficiency Standards4 Orchards, community gardens and nurseries may require water exceeding the Maximum Allowed Water Allowance (MAWA.) As such, justification must be provided in the submittal documentation outlining specific hydrozones needed for additional water exceeding the MAWA. Edible plant gardens may comprise up to ten percent (10%) of total landscaped area. Edible plant gardens in excess of ten percent (10%) but not exceeding twenty percent (20%) of total landscaped area shall use an adequately sized rain barrel or other water retention system for garden irrigation. iii) Green Roofs5: Mostly gives basic parameters, not all that prescriptive. iv) Accessory Use ConditionsOutdoor display of fruits, veggies, plants and flowers7 can only occur if attached to a retail store c) Home Businesses8: Cottage food businesses are allowed. d) Animals: i) Fowl, Rabbits and Goats9: There is an extensive set of regulations including maximum allowance, distance from house… (there is also no crowing, no dying, no ‘running at large’ and no tiny cages) ii) Beehives10: No person shall establish or maintain a beehive at a distance less than one hundred feet (100') from a dwelling, except the dwelling occupied by the person establishing or maintaining the beehive. No person shall establish or maintain a beehive at a distance less than one hundred feet (100') from a public way. No person shall establish or maintain a beehive at an elevation less than ten feet (10') above the ground. For the purposes of this Section, a "beehive" means any box, container, structure, chamber or shelter within which bees are kept or of which bees have taken possession. For the purposes of this Section, the term “dwelling” means any place of human habitation. The Sustainability Commission has put forward several proposals to alter or amend these current policies.11

e) Dairies and Hog Ranches12: Mostly the regulations focus on restricting such ranches in the downtown area. f) Municipal Market13: May be worth combing through to understand issues for urban ag sales.

2) Permitting and ordinances related to residential/home sales, such as home occupation permits a) Farm Lot 59 received a “right of entry” permit from Parks, Recreation and Marine Commissioners to start their farm.14

b) Home occupation permits,15 require home inspections and associated fees.

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3) Leases or agreements for community groups to use public land to grow food a) The Growing Experience is a farm co-located with an affordable housing development owned by the LA Housing Authority16 b) Long Beach Community Garden grew out of a Parks and Rec study in 1974 that looked at turning vacant lots into community gardens. Giving interim use permits for new farms and gardens has been a fixture in the Long Beach community for the last 40 years, however, much of the current vacant land is tied up in the redevelopment restructuring process.

4) Healthy Communities Policy The Healthy Communities Policy has an objective to “encourage the use of temporary vacant and/or open space for urban agriculture.”

5) Land Use Element and Urban Design ElementThe proposed Land Use Element and Urban Design Element boasts urban agriculture alongside community gardens health-promoting land use. Key proposed policies are excerpted at LBFresh.org but include the following:

a. LU Policy 10-2: Provide for a wide variety of creative, affordable, sustainable land use solutions to help resolve air, soil and water pollution, energy consumption and resource depletion issues.

b. LU Policy 10-3: Support land use and policy decisions that promote local urban agriculture, community gardens, and local food production throughout the city.

c. LU Policy 17-3: Allow for and encourage small-scale agriculture on public and private properties, including community gardens, edible gardens and landscapes, small urban farms and gardens throughout the City.

d. LU IM-38: Adopt land use regulations and programs that encourage healthy food options in local neighborhoods. Initiatives could include establishing additional community gardens and farmers’ markets, allowing edible estates and urban agriculture, and discouraging drive-through facilities.

e. Policy UD 5-1: Provide opportunities for public access to fresh food through the encouragement of urban agriculture, edible sidewalks, and community gardens.

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6) Existing City general plan goals and objectives related to growing food a) Under the Open Space element it was noted: i) “It is estimated that there are approximately ten acres of land devoted to community gardens and at least 125 acres of land at utility rights-of-way are still used for growing nursery plants.”18

ii) The Open Space Element also specifically states that is dedicated to the “preservation of land for community gardens”19 and has named an objective to reserve the existing amount of space for community gardens and make room for more.

7) Urban ag programming and education offered by the City or County, and by CBOs a) City Office of Sustainability provides a mulch delivery and pick-up service.20 In addition to its delivery program it also has a self-service center. b) City Office of Sustainability offers up to $3,000 for its lawn-to-garden turf replacement program.21 In addition to the money, they offer design tours and a range of resources on their website. c) Long Beach Community College Horticultural Program22 d) SoCal Harvest23: Picks backyard fruit and produce to give to local food pantries. e) There are many farming/gardening education programs in Long Beach. See resources below.

6) Land trusts or other groups hosting urban ag on private property a) North Long Beach became a Kaiser HEAL zone in 2012. They opened the first farmers market in the area through a $1million Kaiser grant to the Public Health Department. b) The Los Cerritos Land Trust seems to be the only land trust in the area. They do not appear to have a special interest in urban ag.

7) State law governing sales of urban ag products as well as processed foods made from urban ag products a) The Urban Agriculture Incentive Zone Act, AB 55124

1 http://library.municode.com/HTML/16115/level3/VOII_TIT21ZO_CH21.15DE.html#VOII_TIT21ZO_CH21.15DE_21.15.605COGA 2 http://library.municode.com/HTML/16115/level3/VOII_TIT21ZO_CH21.15DE.html#VOII_TIT21ZO_CH21.15DE_21.15.680CO 3 http://library.municode.com/HTML/16115/level3/VOII_TIT21ZO_CH21.42LAST.html#TOPTITLE 4 http://library.municode.com/HTML/16115/level3/VOII_TIT21ZO_CH21.42LAST.html#VOII_TIT21ZO_CH21.42LAST_21.42.035SPREWAEFLA 5 http://library.municode.com/HTML/16115/level3/VOII_TIT21ZO_CH21.42LAST.html#VOII_TIT21ZO_CH21.42LAST_21.42.040LASTNODI 6 http:// http://library.municode.com/HTML/16115/level4/VOII_TIT21ZO_CH21.51ACUS_DIVIIUSCO.html#VOII_TIT21ZO_CH21.51ACUS_DIVIIUSCO_21.51.255OUDISAFLPLFRVE 8 http://library.municode.com/HTML/16115/level4/VOII_TIT21ZO_CH21.51ACUS_DIVIIUSCO.html#VOII_TIT21ZO_CH21.51ACUS_DIVIIUSCO_21.51.235HOOC 9 http://library.municode.com/HTML/16115/level3/VOI_TIT6AN_CH6.20FORAGO.html#TOPTITLE 10 http://library.municode.com/HTML/16115/level3/VOI_TIT6AN_CH6.24PIBE.html#VOI_TIT6AN_CH6.24PIBE_6.24.010BE 11 http://www.longbeach.gov/citymanager/sustainability/urban_nature/urban_agriculture/ 12http://library.municode.com/HTML/16115/level3/VOI_TIT8HESA_CH8.48DAHORA.html#TOPTITLE 13 http://library.municode.com/HTML/16115/level3/VOII_TIT16PUFAHILA_CH16.40MUMA.html#TOPTITLE 14 http://www.longbeachlocal.org/blog/6284 15 http://www.longbeach.gov/acs/about/answers.asp?id=154 16 http://www3.lacdc.org/CDCWebsite/TGE/home.aspx?id=3994 17 http://lbcg.org/user_pages/our_history_0.shtml?page=Our+History

18 http://www.lbds.info/civica/filebank/blobdload.asp?BlobID=2540 (pg 2) 19 http://www.lbds.info/civica/filebank/blobdload.asp?BlobID=2540 (pg 20) 20 http://www.longbeach.gov/citymanager/sustainability/buildings_n_neighborhoods/mulch_delivery/default.asp 21 http://www.lblawntogarden.com/ 22 http://www.matchcollege.com/community-colleges/long-beach-city-college/horticulture 23 http://socalharvest.org/ 24 http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB551

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Urban Agriculture Incentive Zones (AB551) Information

Transforming Urban Blight into Community Gardens September 22, 2015/in 4 - Environment & Communities, Top Stories /

Supervisor Mark Ridley-Thomas trying out his green thumb at the Florence-Firestone Community Garden in 2011

Vacant lots overgrown with weeds could soon be transformed into community gardens bursting with fruits and vegetables.

Acting on a motion by Supervisor Mark Ridley-Thomas, the Board of Supervisors unanimously voted Tuesday to begin the process of establishing an Urban Agricultural Incentive Zone (UAIZ) program in Los Angeles County.

By turning vacant lots into community gardens, it would reduce urban blight while increasing the supply of fresh produce grown in urban areas.

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The program is authorized by the California Urban Agriculture Incentives Zone Act or AB 551, and requires the owner of the vacant lot to enter into a contract with the County to dedicate the property for agricultural uses.

In exchange, the owner would get a property tax discount.

Supervisor Ridley-Thomas said the benefits of the program would outweigh any revenue losses to the County.

“I see this as one tool in the toolkit to address the significant food desert issues prevalent in urban areas throughout the County,” said Supervisor Ridley-Thomas. “The fiscal cost of establishing a UAIZ program are likely to pale in comparison to the anticipated public health, environmental, quality of life and economic benefits for the participants and the surrounding communities.”

His motion drew support from several advocates of urban gardening, including Matthew Van Diepen, founder of Homegrown Gardens. He declared at Tuesday’s Board meeting: “We are ready to turn blighted areas of our city into hubs of life that will foster nature, community and the economy through community gardens and production farms.”

Francesca de la Rosa, policy director for Women Organizing Resources Knowledge & Services WORKS, said the program would help address one of the biggest obstacles to community food growing efforts – access to land.

“This program will be a win for gardeners, property owners and, most importantly, neighborhoods across this County that stand to benefit from an increase in access to healthy fruits and vegetables; the creation of new green, open spaces; and renewed neighborhood pride generated from beautiful community garden projects,” she said.

Luke Ippoliti, with the nonprofit Meet Each Need with Dignity, said the program would address the county’s high rates of poverty, food insecurity, diabetes and obesity. Meanwhile, Breanna Hawkins, a policy and research fellow at the Los Angeles Food Policy Council, estimated that every $1 invested in community gardens yields about $6 worth of vegetables.

“We recognize the many economic, social, social, health and environmental benefits that urban agriculture can bring to the county, as well as the tax benefit it can bring to property owners,” she said.

According to County Assessor, almost 57,000 parcels of land may be eligible for the program throughout Los Angeles County, including almost 8,000 in unincorporated areas governed by the Board. Those living in incorporated areas cannot participate until their respective cities adopt a resolution.

FAQ: Urban Agriculture Incentive Zones Legislation

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What does AB551 do?AB 551 will incentivize the use of private land for urban agriculture. In exchange for signing a contract with a county to place privately held land into urban agricultural use for 10 years, private landowners will have their property assessed at a lower property tax rate based on its agricultural use rather than its market value. Should a landowner take action principally effecting a premature termination of enrollment in the program, the legislation will require them to pay back the tax benefits garnered from the program. How does AB551 work?AB551 will permit counties to pass ordinances establishing “Urban Agriculture Incentive Zones” within their jurisdictional boundaries. Within the Incentive Zones, private property owners will be eligible to apply to enter a contract with the county restricting their privately owned undeveloped property to urban agricultural use in exchange for a revised tax assessment based on the agricultural use of the land. Counties may opt in to the program but will not be required to do so. Similarly, private landowner participation will be completely voluntary.Why is AB551 important?Urban agriculture provides many benefits to city residents including: education about fresh, healthy food and the effort it takes to produce it; environmental benefits for the city including modeling grounds for new, energy saving and environmentally sustainable technologies; communitybuilding; vibrant green spaces and recreation; and a source of economic development including increased neighboring home values. One of the biggest obstacles to expanding the number of Californians who enjoy these benefits of urban agriculture is access to land both its supply andcost in urban jurisdictions. This legislation provides an incentive to private landowners to make more land available for urban agriculture, while at the same time enabling them to do so at a lowered cost. For commercial urban farms and gardens specifically, this legislation will help improve their financial viability by reducing the business cost of property taxes to a level that reflects the agricultural use of the property, rather than its potential residential or commercial uses. In rural areas of California, the state has worked to address the negative impact of property taxes on farm enterprises near urban areas through passage of the Williamson Act (California Land Conservation Act of 1965). This legislation uses a similar strategy but within urban areas. How much will AB551 cost?

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The legislation is targeted to apply to only a small number of parcels in any given county. The property most likely to be involved is privately owned land that does not have near term development potential because of unusual lot size, shape, location, ownership structure or other reasons. These vacant, potentially blighted properties can be dedicated exclusively to agricultural use with tremendous benefits for neighboring residents and communities. The difference in property tax assessment for an enrolled property will vary from property to property, and will be based upon accepted standards for property tax assessment.

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