CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
City Council Work Session
December 5, 2022
AGRICULTURAL
PRESERVATION ORDINANCE
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
TOPICS
2 Purpose & Approach
Program Options for Discussion
City Council Discussion &
Direction
1 2
3 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
PURPOSE
The City Council directed staff to implement an agricultural mitigation program as outlined by General Plan Policy LU-P-34.
The discussion this evening is intended to receive direction from City Council to direct the development of an agricultural preservation ordinance where there are options within the policy language.
3 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
PROCESS
4 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
POLICY LU-P-34 COMPONENTS
General Plan Policy LU-P-34 calls for the City to create and adopt a mitigation program to address conversion of Prime Farmland and Farmland of Statewide Importance in Tiers II and III.
The policy directs creation of the program in three primary parts:
5 Applicability
Agricultural Conservation Easements
In-lieu Fee
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3 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
APPROACH POLICY ANALYSIS
6 Policy Parameters. We identified where the policy provides narrow parameters for the program and where the policy directs more broad parameters for the program.
Narrow Parameters Broad Parameters
Provides enough
direction within the
policy language to direct
next steps.
Provides some direction
within the policy
language but needs
further clarification.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
APPROACH RESEARCH & INTERVIEWS
7 Local Governments
Reviewed 7 existing programs and
interviewed 3 local agencies:
▪ City of Davis
▪ City of Tulare
▪ County of Stanislaus
Land Trusts
Spoke with 9 land trusts and
interviewed staff at 2 land trusts who
work specifically with agricultural
easements:
▪ Sequoia Riverlands Trust
▪ El Rio Reyes Conservation
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
APPROACH FORM & ADOPTION
The Ordinance would be:
▪ Integrated into the City of Visalia Municipal Code.
▪ Directive and provide standards for implementation.
Note: If the City adopts an in-lieu fee, the in-lieu fee should be adopted by resolution.
8 Prepare an Agricultural Preservation Ordinance
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
OPTIONS FOR DISCUSSION
Applicability, Easements, and In-lieu Fee
9 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
PROGRAM PARAMETERS & OPTIONS
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2 3
Policy Directives Topics for Discussion
Applicability ▪ Development of prime farmland and
farmland of statewide importance
▪ Tier II and Tier III properties
▪ Exemptions apply to Tier I, agricultural
processing, agricultural buffers, public
facilities, roadways
▪ Designation of prime farmland and
farmland of statewide importance
▪ Exemptions for project size
▪ Exemptions for affordable housing projects
▪ Exemptions for a portion of a project
Easements ▪ 1:1 conversion to preservation
▪ Equivalent land
▪ Located outside Visalia’s Urban
Development Boundary (UDB)
▪ Held by a qualifying entity
▪ Agricultural zoning
▪ Southern San Joaquin Valley
▪ Adequate water supply
▪ Level of City involvement
In-lieu Fee ▪ Allowed as an option
▪ Preference for easement over fee
▪ Case-by-case or set fee
▪ Level of City involvement
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
TOPICS FOR DISCUSSION
Policy Directives. Summarizes the language in the policy for the policy component.
Topics for Discussion. Confirms the topics for which options will be presented during this discussion.
Good-to-Know. Shares context specific to the policy component prior to getting into to discussion of the options.
Options. Outlines the options for discussion and items City staff is requesting direction on for the preparation of the Agricultural Preservation Ordinance. 11 Organized by Policy Component: Applicability, Easements, In-Lieu Fee
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
1. APPLICABILITY
Farmland Designations and Exemptions
12 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
APPLICABILITY POLICY DIRECTIVES
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Conversion of Farmland
The program shall address:
▪ Conversion of Prime Farmland
and Farmland of Statewide
Importance.
▪ In Tiers II and III.
Exemptions
The program shall specifically allow
for exemptions:
▪ In Tier I,
▪ For agricultural processing uses,
▪ For agricultural buffers,
▪ For public facilities, or
▪ For roadways.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
APPLICABILITY TOPICS FOR DISCUSSION
14 1
▪ How prime farmland and farmland of statewide importance designations are determined and confirmed.
▪ Other exemptions for consideration.
▪ Based on project size,
▪ Based on project type (specifically, affordable housing), and ▪ Exempt uses as part of an overall project.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
APPLICABILITY GOOD-TO-KNOW
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Prime Farmland and Farmland of Statewide Importance
Prime farmland and farmland of statewide importance are designated and mapped by the California Department of Conservation’s Farmland Mapping and Monitoring Program (FMMP).
▪ FMMP started in 1982 with the first map produced in 1984. ▪ Maps are updated every 2 years.
▪ Updated maps are released about 2-4 years after the data set.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
APPLICABILITY GOOD-TO-KNOW
16 1
Prime Farmland and Farmland of Statewide Importance
Two primary qualities influence designation of prime farmland and farmland of statewide importance:
▪ Land Use. The land has been used for irrigated agricultural production in the last four years.
▪ Soil. The land has soil that meets specific and quantitative physical and chemical criteria.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
APPLICABILITY GOOD-TO-KNOW
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Prime Farmland and Farmland of Statewide Importance
Farmland designations are documented through the FMMP . Data is primarily derived from the following sources:
▪ Land Use. Desktop review, supplemented with field verification. Data is updated every 2 to 4 years.
▪ Soil. National Resource Conservation Service (NRCS) data. Data was last updated in 1999 for Tulare County and is generally not site-specific.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE 18
In Tiers II and II:
6,309 acres of prime
farmland or farmland of
statewide importance.
5,586 acres of prime
farmland or farmland of
statewide importance
designated for residential,
commercial, or industrial
uses.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
APPLICABILITY OPTIONS
Confirm Farmland Designation of Property
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FMMP mapping is based on older data. Given the lag in available data, it may be appropriate to allow applicants an opportunity to verify the farmland designation status of the land to be developed.
Option 1. Rely only on the most recent version of FMMP maps.
Option 2. Use the most recent version of the FMMP maps but allow for an individual site assessment process to confirm FMMP designation.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
APPLICABILITY OPTIONS
Exemption for Project Size
20 1
The policy does not expressly call for an exemption based on the size of the project. However, such an exemption for small properties could be considered.
Option 1. No exemption based on the size of the project.
Option 2. Projects of one acre or less are exempt.
Option 3. Projects of five acres or less are exempt.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
APPLICABILITY OPTIONS
Exemption for Affordable Housing Projects
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The policy specifically exempts certain uses (agricultural processing, agricultural buffers, and public facilities). The city may consider a specific exemption for affordable housing to align with other panning priorities and requirements.
Option 1. No exemption for affordable housing projects.
Option 2. Exemption for affordable housing projects under the density bonus ordinance.
Option 3. Exemption for 100 percent affordable housing projects.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
APPLICABILITY OPTIONS
Exemption for Portion of Project
22 1
The policy includes exemptions for certain uses (e.g., agricultural processing, public facilities) but does not address the scope of the exemptions for such uses when a part of a larger project.
Option 1. For the exemption to apply, the exempted use must be the whole of the project. E.g., The project is development of a community park.
Option 2. The exemption applies to the area of the exempted use. E.g., If a 10-acre project includes one acre of an exempted use (e.g., pocket park), the developer must preserve farmland for only nine acres.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
2. EASEMENTS
Location, Qualifying Criteria, and City
Involvement
23 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
EASEMENTS POLICY DIRECTIVES
24 2
Agricultural Land Preserved
The program shall require that
agricultural land preserved:
▪ Be located outside the City UDB, and
within the southern San Joaquin Valley,
▪ Be a 1:1 ratio to agricultural land
converted,
▪ Be equivalent to agricultural land
converted,
▪ Demonstrate adequate water supply, and
▪ Demonstrate agricultural zoning.
Qualifying Entity
The program shall require:
▪ Easements to be held by a qualifying
entity, such as a local land trust, and
▪ Submission of annual monitoring reports
to the City
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
EASEMENTS TOPICS FOR DISCUSSION
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▪ How undefined terms may be implemented in the program:
▪ Southern San Joaquin Valley, and
▪ Adequate water supply.
▪ How integrated the City should be in the easement.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
26 ▪ A voluntary, legally binding agreement
▪ Limits certain types of uses or prevents
development from taking place on a
piece of property now and in the future
▪ Recorded in the chain of title of the
property and it ‘runs with the land’ so
that the restrictions also apply to future
owners of that land
2 EASEMENTS GOOD-TO-KNOW
Agricultural Conservation Easements
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
EASEMENTS GOOD-TO-KNOW
27 2
Agricultural Conservation Easements
Landowner. The landowner agrees to use the property only for certain agricultural purposes in perpetuity.
Qualified Entity. The qualified entity is the holder of the easement. It monitors use of the property, may, in some cases, approve certain activities, and may enforce the easement.
Third Party. The easement is typically paid for by a third party (e.g., a developer, government agency, grant funding). The third party is paying the landowner to forfeit their right to use the property for non-agricultural purposes (i.e., residential, commercial, or industrial).
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
EASEMENTS OPTIONS
Location of Easements
28 2
The policy calls for agricultural conservation easements to be located within the southern San Joaquin Valley. There are three options for defining the region.
Option 1. Tulare and Kern Option 2. Tulare, Kern,
and Kings
Option 3. Tulare, Kern, Kings,
Fresno, and Madera
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
EASEMENTS OPTIONS
Qualifying Criteria: Adequate Water Supply
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The policy requires that the farmland preserved, i.e., the property subject to the conservation easements, “ demonstrate adequate water supply”. There are different methods of demonstrating adequate water supply.
Option 1. Use the FMMP mapping designation as a proxy for demonstrating adequate water supply.
Option 2. In addition to referencing the FMMP mapping designation, verify that the property has at least one source of water (e.g., pre-1914, surface water, groundwater rights).
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
EASEMENTS OPTIONS
City Involvement: Easement Acquisition and Maintenance
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The City may become a party to the easement. Whether or not the City is a party to the easement, the City still has an interest that the easement itself accomplishes the intended purposes.
Option 1. The City is not a party to the easement, but the City must approve the form of the easement.
Option 2. The City is a third-party beneficiary to the easement, so that the City may enforce the easement’s terms, and City must approve the form of the easement.
Option 3. The City is a co-holder of the easement along with the qualified entity.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
3. IN-LIEU FEE
Establishment of a Fee and City Involvement
31 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
IN-LIEU FEE POLICY DIRECTIVES
The program shall:
▪ Allow mitigation to be provided by payment of a fee in-lieu of direct acquisition of an easement, and
▪ Shall indicate a preference of purchase of easements over payments of a fee.
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CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
IN-LIEU FEE TOPICS FOR DISCUSSION
33 3
▪ Calculation of the in-lieu for a legislative fee or an ad hoc fee ▪ City role in the collection and expenditure of fees
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE 34
IN-LIEU FEE GOOD-TO-KNOW3
Type of Fee
In-Lieu Fees. In this case, the in-lieu fee is payment of a fee in lieu of acquiring an agricultural conservation easement.
Legislative Fees vs. Ad Hoc Fees.
• Legislative fees are adopted by City Council and applied formulaically to all projects.
• Ad hoc fees are applied on a case-by-case bases to individual projects.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
IN-LIEU FEE GOOD-TO-KNOW
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Mitigation Fee Act
The Mitigation Fee Act requires fees to defray the public facilities needs of development projects meet certain standards.
The Act does not apply to an in-lieu fee for an agricultural conservation easement.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
IN-LIEU FEE GOOD-TO-KNOW
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Fee Components
Purchase Price. The purchase price is the price of the easement. It is paid by the developer to the land trust, who then purchases the easement from the landowner.
Transaction Costs. These costs are paid by the developer to the land trust, who in turn performs the necessary due diligence for the prospective property.
Endowment. The endowment funds ongoing maintenance of the easement.
It is a one-time payment from the developer to the land trust.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
IN-LIEU FEE GOOD-TO-KNOW
Thresholds for In-lieu Fee
37 3
The policy requires a preference of purchase of easements over payment of an in-lieu fee. Typical thresholds used in other jurisdictions that will be considered for the agricultural preservation ordinance include:
▪ Size of the parcel (e.g., smaller than 20 acres).
▪ No qualified entity exists or is willing to hold the easement. ▪ No landowner is willing to sell an easement.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
IN-LIEU FEE OPTIONS FOR DISCUSSION
Legislative Fee or Ad Hoc Fee
38 3
The purpose of the in-lieu fee is that a developer, in-lieu of acquiring an agricultural conservation easement, pays the City a fee to be used towards acquiring agricultural conservation easements.
Option 1. Formulate and adopt a legislative fee for all projects.
Option 2. Determine an ad hoc fee on a case-by-case basis.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
IN-LIEU FEE OPTIONS
City Involvement: In-lieu Fee Collection and Expenditure 39 3
As in-lieu fees, the fees collected should be spent towards acquisition of agricultural conservation easements. Those agricultural easements could be purchased by a qualified entity or directly by the City.
Option 1. The City remits the fees to a qualified entity to acquire an easement.
Option 2. The City either remits the fees to a qualified entity to acquire an easement or directly acquires the easement.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
CITY COUNCIL DISCUSSION &
DIRECTION
40 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
CONFIRMATION OF APPROACH
41 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
APPLICABILITY SUMMARY OF OPTIONS
42 Confirm Farmland
Designation of
Property
Option 1. Rely only on the most recent version of FMMP maps.
Option 2. Use the most recent version of the FMMP maps but allow for an individual site assessment process (by the applicant) to confirm FMMP designation.
Exemption for Size
of Project
Option 1. No exemption based on the size of the project.
Option 2. Projects of one acre or less are exempt.
Option 3. Projects of five acres or less are exempt.
Exemption for
Affordable Housing
Projects
Option 1. No exemption for affordable housing projects.
Option 2. Exemption for certain affordable housing projects.
Option 3. Exemption for all affordable housing projects.
Exemption for
Portion of the
Project
Option 1. For the exemption to apply, the exempted use must be the whole of the project.
Option 2. The exemption applies to the area of the exempted use.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
EASEMENTS SUMMARY OF OPTIONS
43 Location of
Easements
Option 1. Counties of Tulare and Kern.
Option 2. Counties of Tulare, Kern, and Kings.
Option 3. Counties of Tulare, Kern, Kings, Fresno, and Madera.
Qualifying Criteria:
Adequate Water
Supply
Option 1. Use the FMMP mapping designation as a proxy for demonstrating adequate water supply.
Option 2. In addition to referencing the FMMP mapping designation, verify that the property has at least one source of water.
City Involvement:
Easement
Acquisition and
Maintenance
Option 1. The City is not a party to the easement, but the City must approve the form of the easement.
Option 2. The City is a third-party beneficiary to the easement, so that the City may enforce the easement’s terms, and City must approve the form of the easement.
Option 3. The City is a co-holder of the easement along with the qualified entity.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
IN-LIEU FEE SUMMARY OF OPTIONS
44 Legislative Fee or
Ad Hoc Fee
Option 1. Formulate and adopt a legislative fee for all projects.
Option 2. Determine an ad hoc fee on a case-by-case basis.
City Involvement:
In-lieu Fee
Collection and
Expenditure
Option 1. The City remits the fees to a qualified entity to acquire an easement.
Option 2. The City either remits the fees to a qualified entity to acquire an easement or directly acquires the easement.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
STAY INFORMED
45 Contact:
Paul Bernal, Community Development Director
[email protected]
(559) 713-4025
Visit the Website:
https://www.visalia.city/depts/co
mmunity_development/planning
/agricultural_preservation_ordin
ance.asp