POLICY DATABASE
San Jose, California, Code ch. 4.88 (current through Oct. 11, 2017)
Brief Summary
Establishes the Urban Agriculture Incentive Zone and allows the city and owners of vacant, unimproved, or blighted property parcels of not more than one acre in size within the urban agriculture incentive zone to enter into an enforceable contract with initial terms of at least 5 years, to restrict use to urban agricultural uses, such as chicken keeping, beekeeping, and horticultural crops to be sold or donated.
Legal Strategies
Creates an incentive for a change.
Reach
Limited scope. The law creates eligibility for a tax break, which is a voluntary incentive. "The city and owners of vacant, unimproved, or blighted property parcels within the urban agriculture incentive zone may enter into an enforceable contract to restrict use to urban agricultural use." 4.88.030.
Food System Category: Grow, Get
State: California
Jurisdiction Type: City
Jurisdiction Name: San Jose
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?
No.
Does the law refer to or suggest a goal of fostering improved environmental conditions?
No.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. Purpose is to make use of blighted and unimproved property. Sec. 4.88.010.
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 chapter is adopted in accordance with the Urban Agriculture Incentive Zones Act (California Government Code Section 51040 et seq.), including all amendments thereto to promote urban agricultural use of otherwise vacant, unimproved, and blighted property parcels by providing a tax incentive for properties that produce eggs from chickens or honey from bees and agricultural products." 4.88.010.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. Sec. 4.88.020.
Does the law address implementation in some way?
Yes. The director of planning, building and code enforcement is responsible for reviewing applications and determining if a property is eligible for an urban agriculture incentive contract. The city manager is required to conduct site inspections of eligible properties, and execute the approved urban ag incentive contract once the property owner has obtained all required approvals. And the Santa Clara County Tax Assessor will apply the reduced property tax valuation methodology to the property at the next property tax lien date. Sec. 4.88.070.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. "The city manager may cancel the urban agriculture incentive contract upon finding that a property owner is in breach of its terms. " Sec. 4.88.090A. "If the contract is cancelled by the city or property owner prior to the expiration of its term, the property owner must pay to the county a cancellation fee equal to the cumulative value of the tax benefit received during the duration of the contract, as determined by the Santa Clara County Tax Assessor." Sec. 4.88.090 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?
No.
Code context and ordinance history
Title 4-Revenue, Finance, and Business Taxes, Chapter 4.88 Urban Agriculture Incentive Zone. History: Ord. 29820.