Duarte, Cal., Code § 19.52.070 (Feb. 23, 2017)
Brief Summary
This law allows community gardens to count toward the landscaping/"open space" requirements for multi-family residential developments. It also encourages the incorporation of edible landscape elements and/or crop tree as a component of the landscape plans for both residential and nonresidential projects, as well as public projects, as a sustainable development practice.
Legal Strategies
Expressly allows something.
Creates an incentive for a change.
Food System Category: Grow, Get
State: California
Jurisdiction Type: City
Jurisdiction Name: Duarte
Does the law refer to priority populations in some way?
Unclear. Focuses on multi-family residential developments. § 19.52.070.
Does the law refer to or suggest a goal related to improving or protecting health?
Unclear. See references to the following fresh produce: strawberry, pumpkin, citrus, avocado, apple. §19.52.070.
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. See references to the following: sustainable development practices, green waste, water conservation. §19.52.070.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
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 standards in this Section are established to encourage conservation of natural resources, increased energy efficiency, and use of sustainable practices in the development process, and to implement State laws regarding reduction in greenhouse gas emissions, water conservation, and other resource conservation directives." §19.52.010.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. Art. 9, Ch. 19.160.
Does the law address implementation in some way?
Unclear. At Chapter 19.40 various administrative duties are assigned to the City Council, Planning Commission, Architectural Review Board, Director of Community Development, Community Development Department, and Community Development Department Staff in the general administration of the Development Code. There are no duties specific to Section 19.52.070. Ch. 19.40.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. "Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this Development Code shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable in compliance with Municipal Code Section 1.04.100." § 19.154.070(b).
Does the law include an evaluation component, beyond reporting on activity?
Does the law require an extra or atypical financial or resource investment?
Code context and ordinance history
"Section 19.52.070 - Community gardens and edible landscaping is located in Article 3 - Regulations Applicable to All Zones, Chapter 19.52 - Sustainable Development Practices. History: The enacting ordinance is not specified.".