4.88.040 - Urban agriculture incentive contract.
The city shall maintain a standard form "Urban Agriculture Incentive Zone Contract" approved as to form by the city attorney. A contract entered into pursuant to this chapter must include at least the following provisions:
A. An initial term of at least five years;
B. A restriction that the property under contract be at least 0.10 of an acre, and less than 1.0 acre;
C. A requirement that the entire property be dedicated to urban agricultural use;
D. A prohibition against dwellings on the property during the term of the contract;
E. Consent to allow initial and periodic inspections of the property by the director, the Santa Clara County Tax Assessor, the Santa Clara County Agriculture Commissioner, and the state board of equalization, as may be necessary for tax assessment purposes or to determine the property owner's compliance with the Urban Agriculture Incentive Zones Act, this contract and the law;
F. Agreement that the property owner will pay all costs associated with inspections performed by the city or city's designee, in the amount set forth in the schedule of fees and charges adopted by resolution of the city council;
G. A requirement that the contract be binding upon, and inure to the benefit of, all successors in interest to the property owner;
H. Cancellation provisions in accordance with Section 4.88.090;
I. A requirement that urban agricultural use must commence on the property within ninety days of execution of the urban agriculture incentive contract;
J. A requirement that the property owner:
1. Notify the director in writing of any cessation of urban agricultural use for any reason, including but not limited to, cessation due to the loss of a tenant who was conducting urban agricultural use on the property. This notice must be given within two weeks of the cessation of the urban agricultural use; and
2. Resume urban agricultural use within three months of any such cessation or the city may cancel the contract;
K. A requirement that the property owner defend and indemnify the city from any claims arising from any use of the property;
L. A requirement that the property owner submit a landscape documentation package, if required by Chapter 15.11 of Title 15;
M. A prohibition on the use of pesticides or fertilizers on the property, except for those pesticides or fertilizers allowed by the United States Department of Agriculture's National Organic Program;
N. A requirement that the property owner comply with all provisions of the Urban Agriculture Incentive Zones Act, this chapter, and other applicable requirements of the Municipal Code, including but not limited to Titles 7, 9, 17, 20 and 24 of the Code;
O. A requirement to maintain a metered potable water service connection or approved potable water well;
P. A prohibition on the production, cultivation, growing and harvesting of marijuana;
Q. A prohibition of the raising of livestock (except poultry for egg laying), fur-bearing animals and dairy-producing animals;
R. A requirement that during the term of the urban agriculture incentive contract the property be assessed pursuant to Section 422.7 of the California Revenue and Taxation Code, including all applicable amendments thereto;
S. A notification that if the property owner cancels the urban agriculture incentive contract, the city must assess a cancellation fee pursuant to Subparagraph B of Paragraph (2) of Subdivision (a) of Section 51042 of the California Government Code, including all applicable amendments thereto; and
T. Inclusion of a site plan as an exhibit to the urban agriculture incentive contract.
(Ord. 29820.)
