POLICY DATABASE
Policy 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.

Background Information

State California
Jurisdiction Name Duarte
Jurisdiction Type City,
Population Size 5,000-50,000
Legal Strategies
  • Expressly allows something
  • Creates an incentive for a change
Reach Community-wide
Food System Category Grow; Get;

Policy Details

Refers to priority populations?
Unclear

Focuses on multi-family residential developments. § 19.52.070.

Health-related goal?
Unclear

See references to the following fresh produce: strawberry, pumpkin, citrus, avocado, apple. §19.52.070.

Environmental goal?
Yes

See references to the following: sustainable development practices, green waste, water conservation. §19.52.070.

Economic goal?
No

Includes findings?
No

Has a stated intent or purpose?
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.

Includes definitions?
Yes

Art. 9, Ch. 19.160.

Addresses implementation?
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.

Enforcement provisions?
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).

Evaluation component?
No

Requires extra investment?
No

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."