Carpinteria, Cal., Code § 14.41.030, (current through Mar. 15, 2019)
Brief Summary
This ordinance establishes development requirements for the City's "Whitney Site Overlay District," including a goal of minimizing impacts on agricultural land and preserving the 4 acre remainder for agricultural uses such as organic farming, community gardening and agriculture education through transfer of the land to the city with an agricultural conservation easement. It also requires that the impact of additional agricultural land lost as a result of the development of the overlay district be off-set by creation of an agricultural preservation program that must be funded by the developer to allow the City to accomplish certain minimum goals including, e.g., installation of physical infrastructure for community garden plots, drafting of an agreement for a children's project garden, funding for vegetable cultivation curriculum for first through eighth grade students, and community education related to gardening and cooking with fresh produce.
Legal Strategies
Requires something, sets standards.
Creates a fund, enables access to a funding stream.
Limited scope. This provision only applies to the Whitney Site Overlay District.
Food System Category: Grow, Get
State: California
Jurisdiction Type: City
Jurisdiction Name: Carpinteria
Does the law refer to priority populations in some way?
Yes. See, e.g., prioritization of programs and initiatives related to "children." § 14.41.030.
Does the law refer to or suggest a goal related to improving or protecting health?
Unclear. Mitigation funds should be used to fund workshops in cooking with fresh garden produce and school lesson plans on vegetable cultivation to increase knowledge and appreciation for fresh produce. § 14.41.030 (3) (f) and (g).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. Refers to a goal of "sustainable agriculture." § 14.41.010. Refers to excluding environmentally sensitive areas and riparian corridor buffers from the agricultural conservation easement "to protect environmentally sensitive resources from disturbance associated with agricultural activities." § 14.41.030 (2).
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Unclear. Mentions a goal of increasing youth interest in "the importance of local agriculture resources." § 14.41.030 (3) (g).
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?
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 Whitney Site overlay district is to provide for specific standards to ensure preservation of the remainder of the Whitney Site for agricultural use through an agricultural easement and to provide for the establishment and maintenance of programs for sustainable agriculture in the Carpinteria Valley. Therefore, this overlay district establishes specific standards related to open field agriculture resource protection and mitigation." § 14.41.010.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 14.08.
Does the law address implementation in some way?
Yes. The staff person will be hired for "administration of the community garden system." Following a five-year subsidy period, if there is insufficient funding for the staff person, administrative duties, including providing programming funding; and program administration pass to the city. § 14.41.030, 3(e).
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Does the law include an evaluation component, beyond reporting on activity?
Does the law require an extra or atypical financial or resource investment?
Yes. The law contemplates hiring a half-time staff person and funding for Carpinteria Unified School District curriculum and education programs related to agriculture/gardening.
Code context and ordinance history
Section 14.41.030 is located in Title 14, "Zoning," Chapter 14.41, "Whitney Site Overlay District." History: Ord. No. 703, § 2, 10-26-2015.