The Urban Orchardist

With a big sigh of relief, I turned in my Conditional Use Permit to the City of Oakland. I’ve been told that it will take 6-8 weeks for them to review my plans, and then I might just be legal. Based on my experiences with bureacracy, I’m sure it won’t be that easy. Oh, and for those wondering, how much did the CUP cost? $2858.13. Holy shit, that’s a lot of money to grow a garden and keep a few ducks. I actually felt like a total ass writing that check. But I know that the wider community raised the money, and the farm has social value over the small amount of money it might bring in. Thanks again to everyone who chipped in their hard-earned dollars and sent words of support.

Frankly, I was just relieved to stop filling out paperwork. Thanks so much to my lawyer, Janelle Orsi who made everything make sense.

Today I was out watering the garden and I actually felt really angry again, not just exhausted, as I have been for the past few weeks. I have a lot more to add, but I think I’m going to keep very very quiet until the process is over and I have my CUP in hand. Look for a call to action around July 4, eh?

Hey Guys!

I’m really starting to feel better about this. Maybe it’s just hormones. Maybe it’s all your good vibes. Maybe I’m understanding how this is going to go down. BTW, I have a great lawyer–Janelle Orsi–so that’s covered.

Speaking of politicians, I’ve been going door to door talking to my neighbors and I want to clarify something for Mayor Quan and others: None of my neighbors complained about my farm. They are all signing a petition, and are slapping their heads that Oakland would be targeting me. We’re going to stage a group photo and send it to the Mayor, in fact. To reiterate: this isn’t a neighbor complaint issue. If it were, I would correct my behavior immediately because that’s how things are done in my neighborhood. We don’t snitch on each other. We help each other. If there’s a problem, we work it out by ourselves, not using the City.

So who did call? I must apologize to animal rights activists: I am sorry I blamed you. Because of emails I’ve received from the House Rabbit Society zealots and an informant, I think it must have been them calling the City of Oakland. I know there’s a difference between the HRS folks and vegans/animal rights activists. Some of my best friends are vegans! We all agree that factory farms are wrong. Thanks especially to logolady who left a comment on my blog. Thank you for calling me out. I’m going to stop fixating on who turned me in. It’s OK, I forgive them, and I’m moving on.

Maybe I’m feeling tranquil because I’m understanding that this is going to be a long, drawn-out process. I also see that certain organizations and politicians don’t want to help me or associate. It’s all kind of interesting to see how the straight world works. Wouldn’t want to stick your neck out, right, politicians?

Finally, a note of thanks to the Oakland Food Policy Council who has been working on the issue of urban agriculture in the City of Oakland for years. They have a really concise, simple petition that goes over how they see urban ag working in the City of Oakland. Please sign

Well, it’s gotten personal now.

I received my notices from the city today via certified mail. The first one I expected–the lot, the CUP, the vegetables and the animals. No problem! I understand that one, I’ve gnawed it to death, so much, it actually makes sense to me. I’ll pay the city to keep my animals. I’ll get a business license to sell vegetables. That’s fine.

Problem was, there was another, surprising notice. It too says “Notice to Abate”, but it lists my home address, my landlord’s name and his address. The list of violations are: “Conducting a Crop and Animal Raising Activity without benefit of Zoning approvals. That’s OMC/OPC codes 17.20.030 and 17.20.040. When I looked up the code, it says there are permitted residential activities, and then there are the conditionally use permitted activities which include:
Agricultural and Extractive Activities:

Plant Nursery

Crop and Animal Raising

Now, I live in a duplex with a backyard, it says it’s zone R36. I called the zoning department and they told me R36 refers to mostly historical houses in the flatlands (which, btw, have the highest incidence of food insecurity). I’ve always thought I could legally keep chickens, rabbits, goats, ducks, and bees in a residential area without a conditional use permit. Note that I never sell eggs, poultry, goat milk/products, rabbits, or ducks–they are for home consumption. If I’m being told that this fundamental right to grow my own food isn’t legal, than I might just have to set myself on fire.

The Notice to Abate has no other comments on it, except that if I take “substandard action” it might result in me having to “vacate the premises should conditions warrant.” It isn’t even clear why I’m being cited, or what behavior I’m supposed to change.

City of Oakland: You are playing with people’s lives. This could really fuck up my life. I could get evicted, for example. I might have to get rid of my animals. All because one guy came to my house, took photos, and decided that I wasn’t in compliance with some confusing code that is supposedly changing anyway. I still don’t even know what I’m supposed to do to fix the problem.

Why is Oakland after me? Why am I being targeted? For those of you who want to shake a finger at me and tell me that I should’ve known better, I hope the City comes after you for some random, never enforced law that you didn’t know existed. Actually, I take that back, I wouldn’t wish this Kafka-esque nightmare on my worst enemy.

This issue is about the control of the food system. Whoever can grow their food at their residence holds some power, some control. And now that Oakland is trying to take that right away from me, I am feeling helpless, scared, and I can’t stop crying imagining my dear sweet milk goats going to live somewhere else, my chickens taken off to some other place, or my rabbits scattered to the wind. I am powerless, but at least I have this blog; and at least I know there are people all across the country fighting for our food sovereignty.