“We came to the realization that even when the ordinances that prohibit the sale of produce grown locally are repealed, there’s a still a fundamental barrier for urban farmers: property tax,” says Reed. They proposed legislation modeled on the California Land Conservation Act of 1965 (also known as the Williamson Act), which enables local governments to offer tax incentives to rural landowners.

Photo: University Mound Nursery photo by MattyMatt/Flickr.

According to Cancino, the concept was inspired by Little City Gardens as well as University Mound Nursery in the Portola District—two acres of greenhouses that were once home to the Garibaldi family’s rose business but have been abandoned since the early 1990s. Cancino and Reed have hopes of reactivating the greenhouses for community use, but they have had difficulty engaging the owners. “We thought about this tax incentive as a way to reopen that conversation,” says Cancino.

SFUAA member Eli Zigas of SPUR took the lead in liaising with Ting’s office and drumming up support for the statewide campaign. “I think it’s an exciting development for urban agriculture,” he says. “It was really heartening to see bipartisan support at the state level for this, and I think it’s a good example of California being willing to try new things.”

Connecting Farmers and Landowners

The proposed tax incentive would be a blessing for Aaron Roland, who owns a 5,000-square-foot vacant parcel at 18th and Rhode Island in Potrero Hill. For many years, he grew cantaloupes, tomatoes, corn, and other crops on the sunny plot, but after he moved to the Mission, it became harder to tend the land himself. In 2008, he granted Permaculture designers Kevin Bayuk and David Cody access to the property, which is now a thriving educational garden.

18th and Rhode Island in Potrero Hill. Photo: CUESA

Roland admits that the value he is providing to the community does not come cheap. “There’s a huge opportunity cost in letting your property be used for a garden,” he says. “I’m delighted that the property has some use, but I’m paying over $6,000 year for the privilege of saying no to high offers to sell it.”

As an owner of rural property in Alameda County, Roland was already familiar with the benefits of the Williamson Act and spoke out in support of the new legislation. “I think it’s a good policy move, because it preserves some open space and allows people to do things with it—and it does so without taking property away from the owner forever,” he says. While he cannot afford to develop the property himself right now, he hopes that his children will someday build a home on it.
Putting Law into Action

Since the program is voluntary, it remains to be seen how many cities and counties will take advantage of it, but Zigas anticipates that a few governments will introduce their own laws in the coming months. In San Francisco, Mayor Ed Lee and Supervisor David Chiu have already expressed their support, so Zigas is hopeful the city will be among the first.

Assemblymember Ting is thrilled about the new legislation’s potential for increasing food access and greening public spaces. “People want a stronger connection to their food, whether it’s buying it at a farmers market or growing it themselves,” he said in an email. “Community gardens have the same potential to further enhance the quality and variety of healthy food available.”

Zigas recognizes that the applications would be limited in San Francisco, where property values are skyrocketing and vacant land is scarce. “I don’t see a huge sea change in parcels popping up out of nowhere,” he says; however, he is excited to see how the law will play out in areas like Los Angeles and Sacramento, where interest has been strong.

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New California Law Breaks Ground for Urban Agriculture