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New “Edible Gardens” Legislation for Berkeley, CA

As Passed by the Berkeley City Council on July 17, 2012


BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Section 23C.20.010 is amended to read as

23C.20.010 Exempted Accessory Uses
A. The renting of rooms and/or the providing of board in a dwelling unit to four (4) or fewer persons not living as a household is permitted by right as an accessory use in all residential districts, provided that:
1. The rental of rooms is for periods of at least fourteen (14) days; and
2. The rooms which are rented:
a. Are fully integrated within the dwelling unit such that they have interior access to the rest of the dwelling unit;
b. Do not have separate kitchen(s); and
c. Do not have separate street addresses assigned to such room(s).
3. All requirements for off-street parking are met.
B. The sale or donation of Non-Processed Edibles grown or raised on the premises is permitted by right as an accessory use in all residential districts, provided that:
1. Sales are directly to the end consumer of the Non-Processed Edibles;
2. Sales-related activities take place between the hours of 8am and 8pm and are located either indoors or in an area generally shielded from view from the public right-of-way to the extent practical based on the accessibility of the subject lot;
3. The sale of Non-Processed Edibles does not involve hazardous materials or processes or create offensive or objectionable noise, vibration, odors, heat, dirt, or electrical disturbance perceptible by the average person beyond the lot line of the subject lot.
4. The sale of Non-Processed Edibles does not involve more than ten customer visits to the premises in one day.
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CB. Notwithstanding any to the contrary, this Section does not permit a Commercial Use in a Residential District unless such a Use is specified in the regulations for the District.

Section 2. That Berkeley Municipal Code 23F.04.010 is amended to include the following definition:
Non-Processed Edibles: Foods, including fruit, vegetables, nuts, honey, and shell eggs from fowl or poultry, grown or raised in accordance with the Berkeley Municipal Code, that are whole and intact and have not been processed, but not including cannabis as defined in Chapter 12.26 or meat. Washing, trimming, bundling, and similar handling of otherwise whole and intact foods shall not be considered processing.

Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the
display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.