POLICY DATABASE
S.F., Cal., Planning Code art. 2, 202.2(c)(2) (current through Oct. 5, 2017)
Brief Summary
Sets forth allowed and prohibited activities for "Neighborhood Agriculture" uses; allows on-site sales and food donation in all districts of items grown on-site, but not "within a Dwelling Unit." Sales of value-added products where the primary ingredient was grown on-site are also allowed in all districts except residential ones.
Legal Strategies
Requires something, sets standards.
Expressly allows something.
Reach
Community-wide
Food System Category: Grow, Distribute
State: California
Jurisdiction Type: City, County
Jurisdiction Name: San Francisco
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. Promote and protect the public health, safety, peace, morals, comfort, convenience and general welfare. 1.01; donation of fresh food 202.2(c)(2).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. Compost (§ 202.2(c )(2)(A)).
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. To protect the character and stability of residential, commercial and industrial areas within the City. 1.01.
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. This Planning Code is adopted to promote and protect the public health, safety, peace, morals, comfort, convenience and general welfare, and for the following more particularly specified purposes; (1) To guide, control and regulate future growth and development in accordance with the General Plan ..., (2) To protect the character and stability of residential, commercial and industrial areas within the City, and to promote the orderly and beneficial development of such areas, (3) To provide adequate light, air, privacy and convenience of access to property, and to secure safety from fire and other dangers, (4) To prevent overcrowding the land and undue congestion of population, (5) To regulate the location of buildings and the use of buildings and land adjacent to streets and thoroughfares, in such manner as to obviate the danger to public safety caused by undue interference with existing or prospective traffic movements on such streets and thoroughfares. § 1.01.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 102.
Does the law address implementation in some way?
No.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Unclear. Fines and criminal penalties (including imprisonment) are specified (see §176) , and could potentially be applied to agriculture that exceeds the bounds allowed under the ordinance, but the choice to conduct neighborhood agriculture is voluntary.
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
Planning Code - Article 2 (Use Districts); Section 202.2--Location and Operating Conditions; subdivision (c )--Agriculture use. History: Ord. 73-15, File No. 141303, App. 5/28/2015, Eff. 6/27/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015.