POLICY DATABASE
Kern County, Cal., Code § 19.28.130 (D) (current through March 13, 2019)
Brief Summary
Establishes standards for community gardens in the county's Neighborhood Commercial (C-1) District, including standards for produce stands for sales of produce grown on-site.
Legal Strategies
Requires something, sets standards.
Expressly allows something.
Reach
Community-wide
Food System Category: Grow, Get
State: California
Jurisdiction Type: County
Jurisdiction Name: Kern County
Does the law refer to priority populations in some way?
No.
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. Law states that the planning director shall consider "whether ... the community garden may continue to operate and may modify conditions or impose additional conditions deemed necessary to safeguard the public health, safety, and general welfare." § 19.28.130 D.9.
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. See reference to "erosion or sedimentation impacts." § 19.28.130 D.6.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
No.
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
No.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. "The purpose of the Commercial Office (CO) district is to designate areas suitable for business and professional offices. The CO district may serve as a buffer between retail commercial and residential areas. The CO district may also be combined with the Cluster (CL) combining district to achieve innovative, creative office or commercial development. Uses in the CD district are limited to low-intensity commercial activities and generally higher-density residential developments. " § 19.28.010.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 19.04.
Does the law address implementation in some way?
Yes. The law provides that "[a] copy of the adopted rules [pertaining to the use of the property and rights of membership] shall be filed with the Kern County Planning and Community Development Department, together with name and contact information of an individual who oversees the program." Creation of the rules and general administration is left to the private organizational entities that operate each garden. § 19.28.130 D.6.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Closure of the community garden/removal of structures, materials, and produce. § 19.28.130 D. 9.
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Section 19.28.130(D) "Special review procedures and development standards" is located in Title 19 - Zoning , Chapter 19.28, "Commercial Office (CO) District." History: Ord. G-4832 § 89, 1988; Ord. No. G-8226, § 39, 11-8-11.