17.722.020 General provisions.
A. The Urban Agriculture Incentive Zone includes all eligible property within the city boundary.
B. The city and owners of vacant, unimproved, or blighted property within the Urban Agriculture Incentive Zone may enter into an enforceable contract to restrict use to urban agriculture, as defined in chapter 17.108.
C. The city may impose a fee upon contracting property owners for the reasonable costs of implementing and administering the contracts.
D. The city shall maintain a standard form "Urban Agriculture Incentive Zones Contract" approved as to form by the city attorney. A contract entered into pursuant to this chapter must include at least the following provisions:
1. An initial term of at least 5 years;
2. A restriction that the property under contract be at least 0.10 of an acre, and not more than 3 acres;
3. A requirement that the entire property be dedicated to urban agriculture use in accordance with the Urban Agriculture Incentive Zones Act, this chapter, the Planning and Development Code, and the contract;
4. A prohibition against dwellings on the property during the term of the contract;
5. Consent to allow periodic inspections of the property by the city manager, the city manager's designee, the county assessor, and the State Board of Equalization, as may be necessary for tax assessment purposes or to determine the property owner's compliance with the contract and the law;
6. A requirement that the contract be binding upon, and inure to the benefit of all successors in interest to the property owner;
7. Cancellation provisions in accordance with section 17.722.040;
8. A requirement that urban agriculture activity must commence on the property within 30 days of execution of the contract;
9. A requirement that the property owner:
a. Notify the planning director in writing of any cessation of urban agriculture use for any reason, including, but not limited to, cessation due to the loss of a tenant who was conducting urban agricultural uses on the property. This notice must be given within 2 weeks of the cessation of activity; and
b. Resume urban agricultural activity within 3 months of any such cessation or the city may cancel the contract;
10. A requirement that the property owner defend and indemnify the city from any claims arising from any use of the property;
11. A prohibition of 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;
12. A requirement that the property owner comply with all provisions of the Urban Agriculture Incentive Zones Act;
13. A requirement that the property be used in accordance with a water conservation plan approved by the city and that includes best practices for water conservation;
14. A requirement for a metered water service connection or approved water well;
15. A requirement that the property be assessed pursuant to section 422.7 of the Revenue and Taxation Code during the term of the contract;
16. A notification that if the property owner cancels the 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. (Ord. 2015-0024 § 1)
