CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
City Council Hearing
May 1, 2023
AGRICULTURAL
PRESERVATION ORDINANCE
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
PROCESS
2 30+ Day Public Review
October 2022 December 2022 March 2023 May 2023
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
PUBLIC REVIEW
3 32-day review period
Friday, February 24th through Monday, March 27th
8 total comment letters received
• Michelle Huerta
• Darlene Mata
• Sequoia Riverlands Trust
• Eric Shannon
• Tulare County Farm Bureau
• Central Valley Partnership
• Skip Moss
• Dan Manro (received late)
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
SUMMARY OF REVISIONS
4 Section Summary of Revision
Article 1: General Provisions. Title, Purpose and Intent, Objectives, Interpretation of Provisions, Definitions
18.04.050 Definitions Definition of “public facility” expanded to include general hospitals and public cemeteries.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
SUMMARY OF REVISIONS
5 Section Summary of Revision
Article 1: General Provisions. Title, Purpose and Intent, Objectives, Interpretation of Provisions, Definitions
18.04.050 Definitions Definition of “public facility” expanded to include general hospitals and public cemeteries.
Article 2: Program Requirements. Applicability, Preservation Requirement
18.04.060 Applicability Exclusion for affordable housing projects revised from 100% affordability requirement to compliance with State Density Bonus Law.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
SUMMARY OF REVISIONS
6 Section Summary of Revision
Article 1: General Provisions. Title, Purpose and Intent, Objectives, Interpretation of Provisions, Definitions
18.04.050 Definitions Definition of “public facility” expanded to include general hospitals and public cemeteries.
Article 2: Program Requirements. Applicability, Preservation Requirement
18.04.060 Applicability Exclusion for affordable housing projects revised from 100% affordability requirement to compliance with State Density Bonus Law.
Article 3: Methods of Preservation. Acquisition of Conservation Easement, Payment of In-Lieu Fee
18.04.080 Acquisition of
Conservation Easement
Language acknowledging that use of land mitigation banks are a form of easement acquisition added.
Clarification added for appraisals to be based on the highest and best use of the property when determining the purchase price of the easement.
Removed requirement to demonstrate that no land is available within a 10-mile radius.
Preference language for 10-mile radius retained.
18.04.090 Payment of In-Lieu Fee Use of in-lieu fee expanded to include anywhere in the 5-county region.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
SUMMARY OF REVISIONS
7 Section Summary of Revision
Article 1: General Provisions. Title, Purpose and Intent, Objectives, Interpretation of Provisions, Definitions
18.04.050 Definitions Definition of “public facility” expanded to include general hospitals and public cemeteries.
Article 2: Program Requirements. Applicability, Preservation Requirement
18.04.060 Applicability Exclusion for affordable housing projects revised from 100% affordability requirement to compliance with State Density Bonus Law.
Article 3: Methods of Preservation. Acquisition of Conservation Easement, Payment of In-Lieu Fee
18.04.080 Acquisition of
Conservation Easement
Language acknowledging that use of land mitigation banks are a form of easement acquisition added.
Clarification added for appraisals to be based on the highest and best use of the property when determining the purchase price of the easement.
Removed requirement to demonstrate that no land is available within a 10-mile radius.
Preference language for 10-mile radius retained.
18.04.090 Payment of In-Lieu Fee Use of in-lieu fee expanded to include anywhere in the 5-county region.
Article 4: Monitoring and Compliance. Qualified Entity, Compliance Review, Severability
18.04.110 Compliance Review When payment of in-lieu fees are applicable, payment of fee will determine compliance.
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
RECOMMENDATION
Staff recommends that the Visalia City Council:
• Hold a public hearing,
• Receive a presentation and staff report, and
• Introduce the first reading of Ordinance No. 2023-02, approving a request by the City of Visalia to adopt a new title and chapter to the Visalia Municipal Code referred to as Title 18 “Agricultural Land Preservation”, Chapter 18.04 “Agricultural Land Preservation Program”, to create an agricultural preservation ordinance to implement Visalia General Plan Land Use Policy LU-P-34. 8