POLICY DATABASE
Santa Clara County, California, Code § C 21.01 et seq. (current through Oct. 2, 2017)
Brief Summary
Implements Urban Agriculture Incentive Zone Program, which allows landowners in urban areas to receive property tax reduction for putting land towards an agricultural use. Applies to lots up to 3 acres in size, and can be for commercial or noncommercial agricultural purposes.
Legal Strategies
Creates an incentive for a change.
Expressly allows something.
Reach
Limited scope. Creates a voluntary program: "The Act authorizes the County to establish an Urban Agriculture Incentive Zone within its boundaries for the purpose of entering into enforceable contracts with landowners, on a voluntary basis, for the use of vacant, unimproved, or blighted lands for small-scale agricultural use." Sec. C21-1.
Food System Category: Grow
State: California
Jurisdiction Type: County
Jurisdiction Name: Santa Clara
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?
Yes. "active soil management" Sec. C21-9(C )(3).
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 Act authorizes the County to establish an Urban Agriculture Incentive Zone within its boundaries for the purpose of entering into enforceable contracts with landowners, on a voluntary basis, for the use of vacant, unimproved, or blighted lands for small-scale agricultural use." Sec. C21-1.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. Sec. C21-2.
Does the law address implementation in some way?
Yes. The Agricultural Commissioner shall transmit a copy of the completed application to the Office of the Assessor and the Planning Office and Within 60 days of receiving a complete application, the Agricultural Commissioner will prepare a report. The Office of the Assessor and Planning Office will provide the Agricultural Commissioner with any relevant information to assist with the preparation of the report. Sec. C21-6, C21-7.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Cancellation of contract and payment of a cancellation fee equal to the cumulative value of the tax benefit received during the duration of the contract upon landowner. Sec. C21-10.
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 C-Construction, Development and Land Use, Division 21-Urban Agriculture Incentive Zones. History: Ord. No. NS-1203.123, § 1, 9-29-15.