POLICY DATABASE
San Jose, Cal., Code of Ordinances § 20.200.798 (current through July 23, 2019)
Brief Summary
This section defines "Neighborhood Agriculture" for purposes of the city's zoning code and expressly allows for the same as a "principal or an accessory use" It further specifies that "value-added products, where the primary ingredients of the product are grown and produced on-site," are included as a part of such a use and allows for limited sales and donation of fresh food and/or horticultural products grown on site.
Legal Strategies
Expressly allows something.
Reach
Community-wide
Food System Category: Grow, Distribute
State: California
Jurisdiction Type: City
Jurisdiction Name: San Jose
Does the law refer to priority populations in some way?
Unclear. See reference to "donation of fresh food." § 20.200.798.
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. This policy references "fresh food" and the "donation of fresh food." § 20.200.798.
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Unclear. See aim of preventing "unwarranted deterioration of the environment and to promote a balanced ecology," in the title's purpose section. § 20.10.020. It is unclear if there is a nexus with that aim and section 20.200.798.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. This definition allows for limited sales and donation of fresh food and products grown on site. § 20.200.798.
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 purpose of this title is to promote and protect the public peace, health, safety, and general welfare" through various articulated strategies. § 20.10.020.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. This policy is strictly a definition. §20.200.798.
Does the law address implementation in some way?
Unclear. This provision is a definition, rather than a law, per se, but general administrative duties for title where this provision is found are assigned to the director of planning, building and code enforcement. See ch. 20.100; and definition of "director" at § 20.200.280.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
No.
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
This policy is located in the City of San Jose Municipal Code, Title 20; Zoning, Chapter 20.200: Definitions, Section 20.200.798: Neighborhood Agriculture. History: Ord. 29011.