Part 2 — APPLICATION AND CONTRACT PROCESS

A.

To qualify for the urban agriculture incentive contract specified in Section 4.88.040, the property owner must seek a determination that the property is eligible for an urban agriculture incentive contract from the department of planning, building and code enforcement. The property owner shall file an application, including site plans and information establishing zoning, on a form provided by the director, and pay all fees for the application as set forth in the schedule of fees and charges established by resolution of the city council. The director shall make a determination as to whether the property is an urban agriculture incentive zone property as described in Subsections A and B of Section 4.88.030 and meets the eligibility criteria for an urban agriculture incentive contract set forth in Section 4.88.060.

B.

If the director determines that the property is an urban agriculture incentive zone property as described in Subsections A and B of Section 4.88.030 and meets the eligibility criteria for an urban agriculture incentive contract set forth in Section 4.88.060, the director will forward the application to the city manager.

C.

The city will review the application and may conduct site inspections at any time after the date a complete application is filed.

D.

The application and urban agriculture incentive contract may be approved by the city manager if it meets all the requirements of the Urban Agriculture Incentive Zones Act and this chapter. The property owner shall also apply for and obtain any necessary change of use permit, conditional use permit, or other approvals required to conduct the proposed urban agricultural use on the property prior to execution of any approved urban agriculture incentive contract by the city manager. Nothing in this chapter shall be construed as limiting the application or requirements of any and all applicable provisions of state law and this Code, including but not limited to the requirements of Titles 7, 9, 17, 20 and 24 of this Code.

E.

If the city manager denies the application, the city manager shall send written notice of the denial to the applicant.

F.

The city manager shall execute the approved urban agriculture incentive contract upon determination that the property owner has obtained all required approvals for the proposed urban agricultural use. Following final approval of the urban agriculture incentive contract, the city manager shall send written notification to the Santa Clara County Tax Assessor and to the property owner. Once executed, the property owner shall

record the urban agriculture incentive contract against the property. Once the contract is recorded against the property, the Santa Clara County Tax Assessor will apply the reduced property tax valuation methodology to the property at the next property tax lien date.

(Ord. 29820.)

For calendar year 2016, the deadline to submit an application for a contract to the director shall be December 16, 2016. Fees for any application submitted for calendar year 2016 shall be paid in full upon the effective date of the resolution of the city council setting forth the fees and charges for such application. Thereafter, the deadline to submit an application for an urban agriculture incentive contract to the director for any fiscal year shall be August 1 and such application shall not be deemed received until the fees have been paid.

(Ord. 29820.)

A.

The city manager may cancel the urban agriculture incentive contract upon finding that a property owner is in breach of its terms. If the city manager cancels the urban agriculture incentive contract, the cancellation shall be final unless the property owner files an appeal to the City of San José Appeals Hearing Board on a form provided by City of San José Appeals Hearing Board and pays all fees for the appeal as set forth in the schedule of fees and charges established by resolution of the city council, within fifteen business days of the cancellation. Any appeal shall be decided by the City of San José Appeals Hearing Board. The appeal hearing shall be a review based on substantial evidence in the record and shall be conducted in accordance with the rules and regulations of the City of San José Appeals Hearing Board.

B.

The Santa Clara County Tax Assessor and the property owner will be notified if the city cancels the contract and the cancellation is upheld if appealed.

C.

A property owner may cancel an urban agriculture incentive contract entered into pursuant to this chapter at any time by submitting written verification of payment of the required fee, as set forth in Subsection D below, and written notice to the director. Upon cancellation of the contract prior to the expiration of its term, the property owner shall record a notice of cancellation of the contract against the property.

D.

If the contract is cancelled by the city or property owner prior to the expiration of its term, the property owner must pay to the county a cancellation fee equal to the cumulative value of the tax benefit received during the duration of the contract, as determined by the Santa Clara County Tax Assessor. The city may waive payment of all or a portion of the fee, if the city manager determines that the cancellation was caused by extenuating circumstances despite the good faith effort by the property owner.

(Ord. 29820.)

The City shall not enter into a new urban agriculture incentive contract or renew an existing urban agriculture incentive contract after January 1, 2029, unless the Urban Agriculture Incentive Zones Act is amended to authorize contracts after that date. Any urban agriculture incentive contract entered into pursuant to the Urban Agriculture Incentive Zones Act and this chapter on or before January 1, 2029 will be valid and enforceable for the duration of the urban agriculture incentive contract.

(Ord. 29820, 30190.)