POLICY DATABASE
Policy Summary

Establishes standards for community gardens in the county's Neighborhood Commercial (C-1) District, including standards for produce stands for sales of produce grown on-site.

Background Information

State California
Jurisdiction Name Kern County
Jurisdiction Type County,
Population Size 800,000+
Legal Strategies
  • Requires something, sets standards
  • Expressly allows something
Reach Community-wide
Food System Category Grow; Get;

Policy Details

Refers to priority populations?
No

Emergency management?
No
Health-related linkage?
Yes

Law states that the planning director shall consider "whether ... the community garden may continue to operate and may modify conditions or impose additional conditions deemed necessary to safeguard the public health, safety, and general welfare." § 19.28.130 D.9.

Environmental linkage?
Yes

See reference to "erosion or sedimentation impacts." § 19.28.130 D.6.

Economic linkage?
No

Includes findings?
No

Has a stated intent or purpose?
Yes

"The purpose of the Commercial Office (CO) district is to designate areas suitable for business and professional offices. The CO district may serve as a buffer between retail commercial and residential areas. The CO district may also be combined with the Cluster (CL) combining district to achieve innovative, creative office or commercial development. Uses in the CD district are limited to low-intensity commercial activities and generally higher-density residential developments. " § 19.28.010.

Includes definitions?
Yes

§ 19.04.

Addresses implementation?
Yes

The law provides that "[a] copy of the adopted rules [pertaining to the use of the property and rights of membership] shall be filed with the Kern County Planning and Community Development Department, together with name and contact information of an individual who oversees the program." Creation of the rules and general administration is left to the private organizational entities that operate each garden. § 19.28.130 D.6.

Enforcement provisions?
Yes

Closure of the community garden/removal of structures, materials, and produce. § 19.28.130 D. 9.

Evaluation component?
No

Requires extra investment?
No

Code context and ordinance history

Section 19.28.130(D) "Special review procedures and development standards" is located in Title 19 - Zoning , Chapter 19.28, "Commercial Office (CO) District." History: Ord. G-4832 § 89, 1988; Ord. No. G-8226, § 39, 11-8-11.

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