Except where the context of this chapter otherwise expressly requires, the following definitions shall govern the construction of this chapter. Furthermore, the definition of a word or phrase applies to any of that word's or phrase's variants. For the purpose of this chapter, the following definitions shall apply.
ADJUSTMENT FOR INFLATION. For costs other than the purchase price of agricultural conservation easements, adjustment for inflation refers to adjustments to reflect increases in the Consumer Price Index applicable to Tulare. For the purchase price of agricultural conservation easements, adjustment for inflation refers to adjustment to reflect increases in the House Price Index applicable to Tulare, as compiled by the Office of Federal Housing Enterprise Oversight.
AGRICULTURAL CONSERVATION EASEMENT. A perpetual easement or servitude, comparable to a conservation easement, as provided for in §§ 815 to 816 of the Cal. Civil Code, or an open space easement, provided for in §§ 51070 to 51097 of the Cal. Gov't Code, limiting the use of the encumbered land to agricultural and accessory uses, which easement or servitude is used to satisfy the mitigation obligation imposed by this chapter.
AGRICULTURAL DESIGNATION. Land that is within the City of Tulare or within the City of Tulare's Urban Development Boundary and is labeled as Open Space/Agriculture per the latest City of Tulare General Plan Land Use Map, or land within the County of Tulare designated for agricultural use in the latest Tulare County General Plan Land Use Map.
AGRICULTURAL LAND. Land, residing within the UDB of the City of Tulare, but outside the city's incorporated limits, which is either currently in agricultural use or substantially undeveloped and capable of agricultural use.
AGRICULTURAL USE. Use of land to produce food, fiber, or livestock for commercial purposes.
AGRICULTURAL ZONE. Land that is within the City of Tulare and is labeled as Open Space/Agriculture per the latest City of Tulare Zoning Map, or land within the County of Tulare zoned for agricultural use in the latest Tulare County Zoning Map.
APPLICANT. Any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, or organization seeking approval or authorization from the City of Tulare on an application or permit for property which is outside the Tulare city limits at the time the ordinance codified in this chapter becomes effective.
CHAPTER. Chapter includes all sections and provision within this Farmland Mitigation Ordinance.
CITY COUNCIL. The City Council of the City of Tulare.
CONVERSION. Those conversions of land requiring mitigation as identified in § 10.222.040.
CRITICAL FARMLAND. Land designated "Prime," "Farmland of Statewide Importance," "Unique Farmland," or "Grazing Land" by the California Department of Conservation as shown on their latest Important Farmland Map.
LEGAL PARCEL. A parcel of land lawfully subdivided in accordance with the Subdivision Map Act, whether or not a Certificate of Compliance has been issued for the parcel. The existence of a distinct Assessor's Parcel Number for a parcel does not, by itself, demonstrate that it is a legal parcel.
LEGISLATIVE BODY. A jurisdiction's decision-making body.
MITIGATION LAND. Land encumbered by an agricultural conservation easement or under an alternative mitigation option approved by the legislative body pursuant to § 10.222.060 to satisfy the mitigation obligation imposed by this chapter.
QUALIFIED ENTITY. An entity qualified and approved to hold agricultural conservation easements in compliance with § 10.222.080 of this chapter.
(Ord. 2020-03, passed 2-18-2020)