ENCINITAS — The Encinitas City Council on Wednesday denied a neighbor’s appeal and upheld the city’s approval of an agricultural permit for Sugar Sweet Farm, allowing the Olivenhain property to continue operating a community garden with small animals and a temporary food stand.
The council’s unanimous decision affirms a January determination by the city’s Development Services Department, which approved the permit after concluding the farm’s operations were consistent with the city’s urban agriculture ordinance and zoning regulations.
Located on Fortuna Ranch Road, Sugar Sweet Farm sits within a rural residential zone and is developed with a single-family home, an accessory dwelling unit and a three-car garage. The agricultural permit allows for a 10-plot community garden, up to 100 small animals, small-scale agricultural production and a temporary food stand.
Elizabeth Sugarman, whose family owns and operates the farm, said Sugar Sweet Farm was a “family-run organic hobby farm” and “a cornerstone of Olivenhain for over 20 years.” She emphasized that the farm represents her family’s home, passion and life.
“Despite the challenges and misrepresentations, our commitment to our incredible community remains unwavering,” Sugarman said during a video presentation prepared for the council. “As we near the completion of this permit process, we are hopeful for a resolution that will allow us all to live peacefully together.”
Associate Planner J. Dichoso told the council that the project met the permit requirements and that concerns raised in the appeal — including traffic, fire access, animal care, environmental impacts and notification procedures — had been evaluated per the city’s municipal code.
“The Ag permit will remedy the code violation issued in October 2023, and conditions of approval ensure compliance such that the Ag permit cannot be intensified beyond what has been approved,” Dichoso said. “Future modifications to the permit need to be reviewed by the city, and the Ag permit can be revoked or suspended by the city.”
Dichoso noted that Sugar Sweet Farm is only the third property in Encinitas to receive this type of agricultural permit, and staff recommended an added condition requiring the farm to demonstrate compliance with County of San Diego health and safety regulations before using the permit.
The appellant, Gary Filips, who lives near the farm, began by expressing frustration over what he described as misleading media narratives. Filips denied accusations that he was trying to shut down the farm and insisted that his appeal was grounded in adherence to municipal code, not personal grievances or a public relations campaign.
“The Sugarmans were advised on October 31 to immediately cease all activity associated with the unpermitted business Sugar Sweet Farm — cancel reservations and remove all advertisements,” Filips said. “They’ve since resumed doing it.”
During his comments, Filips presented several videos and photos he took of the Sugarman property and its visitors, saying they demonstrated the farm’s lack of compliance with municipal codes. But some residents mentioned during public comment that Filips’ videos made them uncomfortable.
“The Filips had come onto the property to video us without our consent, and it’s extremely troubling and alarming as a young woman, to be videoed without your consent,” said Grace Caponetto, a 24-year-old volunteer at Sugar Sweet Farm.
Caponetto said some of the videos were taken during yoga classes where the group of mainly women and children were filmed in “compromising, uncomfortable positions.”
The Sugarmans have also reported other neighbors driving by the property and filming them whenever a visiting car was parked in their driveway.
During public comment, around 35 other residents addressed the council, most of whom voiced their support for Sugar Sweet Farm.
Matt Adams, a resident of Olivenhein for 23 years, called the farm a “community asset.” Rancho Bernardo resident Maria Gaby, a preschool teacher and health enthusiast who has referred several clients and families to Sugar Sweet Farm, called it “a testament of love, compassion and commitment to humanity.”
Planning Commissioner Robert Prendergast, who represents Olivehnhein and spoke as a private citizen, said he supported denying the appeal and told the council the Sugarmans have been “wonderful neighbors.” Speaking to concerns about traffic flow, Prendergast said he doesn’t believe the farm will contribute to heavier traffic patterns.
“The appellant is concerned about traffic,” Prendergast said. “Traffic increased significantly on Fortuna Ranch Road when Canyon de Oro was paved, connecting Elfin Forest road to Fortuna Ranch Road, the city has installed three sets of speed bumps that address the traffic flow.”
Filips also raised concerns over a past incident involving the use of a nearby fire hydrant, which he characterized as dishonest and dangerous.
“Not only did they tap into it, when they were confronted on the use of it, they denied it,” he said.
In response, Sugarman said the hydrant hookup occurred in early 2021 as part of a fire safety drill organized by her son, a then-college student and volunteer firefighter. Sugarman said they believed they had followed proper protocols and that the resulting fine from the Olivenhain Municipal Water District was later waived.
“We conducted an emergency preparedness drill. We wanted to see if the hoses would connect and how far we could defend from the fire hydrant in the event that there was a fire,” Sugarman said.
Sugarman said the family applied for the agricultural permit in good faith after receiving notice from the city in 2023.
“In an effort to save our family farm, we engaged with the city in good faith and applied for the necessary permits so we could continue sharing our farm with our community — with the city’s blessing,” she said.
