POLICY DATABASE
San Francisco, Cal., Ord. No. 184-14 (Aug. 7, 2014)
Brief Summary
This is an uncodified ordinance; it authorizes local governments to enter into enforceable contracts with owners of private property for the purpose of promoting the use of vacant, unimproved, or blighted lands for small-scale agricultural use and to promote sustainable urban farm enterprises; and authorizes the city/county to provide property tax reductions.
Legal Strategies
Expressly allows something.
Creates an incentive for a change.
Reach
Limited scope. It creates a process for entering into voluntary agreements to support small-scale agriculture, not mandatory requirements (Sec. 53A.2).
Food System Category: Grow, Get
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. It connects City residents to the broader food system (§ 1); offers food access, and public health potential. (§ 1).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. California Environmental Quality Act (§ 2); provides ecological benefits and green infrastructure. (§ 1); provides green space.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. May save money for public agencies (§ 1); offers economic development potential (§ 1).
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?
Yes. Provides general findings surrounding the multiple benefits of Urban Agriculture to San Franciscans and obstacles to the sustained growth to urban agriculture (§ 1), as well as environmental findings (§ 2).
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 Chapter 53A implements the Urban Agriculture Incentive Zones Act, California Government Code Sections 51040 et seq. The Urban Agriculture Incentive Zones Act authorizes local governments to enter into enforceable contracts with owners of private property for the purpose of promoting the use of vacant, unimproved, or blighted lands for small-scale agricultural use. As consideration [or promoting the public interest in sustainable urban farm enterprise sectors in urban centers, the City and County of San Francisco may provide certain property tax reductions in accordance with Article 1.5 (commencing with Section 422. 7) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code. (b) Implementation the Urban Agriculture Incentive Zones Act will make the benefits the Act available to owners of eligible property in San Francisco. (c) The benefits of the Urban Agriculture Incentive Zones Act to the individual property owners and the City generally must be balanced with the cost to the City of providing the potential property tax reductions set forth in the Urban Agriculture Incentive Zones Act. (Sec. 53A.1).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
No.
Does the law address implementation in some way?
Yes. Application and Approval processes are laid out; Planning department is responsible for providing cert. of eligibility to urban ag. Incentive zone property owners. (§§ 53A.4, 53A.3, 53A.5).
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Upon cancellation of any Contract prior to the expiration of its term, the property owner shall pay to the Treasurer-Tax Collector a cancellation fee equal to the cumulative value of the tax benefit received during the duration of the Contract as determined by the Assessor-Recorder. This fee shall include the cumulative tax owed including interest. (§ 53A.8(d)).
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
Unclear. Sec. 5 directs the Agricultural Commissioner, in consultation with the Planning Department, the Assessor-Recorder, and the City Attorney's Office, to provide a report to the Board of Supervisors recommending the amount of fees to be paid to administer this program, including fees to cover Planning Department's time for making eligibility determinations; amount to cover costs of processing applications; and fees to cover costs of annual inspections.
Code context and ordinance history
This uncodified Ord. No. 184-14 (File No. 140702) amended the Administrative Code by adding Chapter 53A, creating local procedures to implement the Urban Agriculture Incentive Zones Act, including establishing the City's Urban Agriculture Incentive Zone; and making environmental findings. The codified version is available at San Francisco, Cal., Admin. Code Sections 53A.1 -.11 (current through Sept. 15, 2017), http://library.amlegal.com/nxt/gateway.dll/California/administrative/chapter53aurbanagricultureincentivezones?f=templates$fn=default.htm$3.0$vid=amlegal:sanfrancisco_ca$anc=JD_Chapter53A. As of Sept. 15, 2017, the codified and uncodified version of the laws were the same.