POLICY DATABASE
Policy 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.

Background Information

State California
Jurisdiction Name San Jose
Jurisdiction Type City,
Population Size 800,000+
Legal Strategies
  • Expressly allows something
Reach Community-wide
Food System Category Grow; Distribute;

Policy Details

Refers to priority populations?
Unclear

See reference to "donation of fresh food." § 20.200.798.

Health-related goal?
Yes

This policy references "fresh food" and the "donation of fresh food." § 20.200.798.

Environmental goal?
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.

Economic goal?
Yes

This definition allows for limited sales and donation of fresh food and products grown on site. § 20.200.798.

Includes findings?
No

Has a stated intent or purpose?
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

Includes definitions?
Yes

This policy is strictly a definition. §20.200.798.

Addresses implementation?
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.

Enforcement provisions?
No

This provision is a definition, rather than a law per se. However, there is language within the relevant title, that indicates that "the city may apply to any court having jurisdiction for any relief as will abate or remove such use and restrain any person, firm or corporation from using any property contrary to the provisions of this title." § 20.10.050.

Evaluation component?
No

Requires extra 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.