This chapter and the following mitigation obligations shall apply to the conversion to a non-agricultural use of one or more acres of Critical farmland, as defined in this chapter, regardless of the General Plan land use designation or zoning applicable to the land.
(A) As mitigation for the conversion of critical farmland, the applicant shall arrange for the imposition of an agricultural conservation easement on no less than one acre of mitigation land for each acre of land proposed for conversion. The applicant shall convey, or arrange for the conveyance of, such agricultural conservation easement to a qualified entity. The mitigation land shall be comparable to the land proposed for conversion, as provided in § 10.222.070 of this chapter.
(B) For the purposes of calculating the mitigation obligation under § 10.222.050(A), the area requiring mitigation shall be the full area of the legal
parcel affected by conversion and not merely any lesser portion of the parcel that may be sought to be developed or converted to another use at the time conversion is proposed.
(C) The applicant shall pay to the qualified entity an administrative fee sufficient to compensate for all administrative costs reasonably necessary for the qualified entity to acquire and hold the agricultural conservation easement and implement this chapter, including all of the following:
(1) Establishment of an endowment to provide for monitoring, administration, enforcement, and all other services necessary to ensure that the conservation purposes of the agricultural conservation easement are maintained in perpetuity; and
(2) The qualified entity's administrative costs in evaluating the mitigation land and reviewing and accepting the agricultural conservation easement.
(D) It is the applicant's responsibility to identify, propose for approval mitigation land, and arrange for imposition of an agricultural conservation easement that satisfies the requirements in § 10.222.070 of this chapter.
(E) Nothing in this chapter shall be construed to compel an applicant for conversion to convey to the City of Tulare or to a qualified entity an agricultural conservation easement in property owned by the applicant.
(F) The mitigation obligation set forth in this chapter shall not apply to a legal parcel that is less than one acre in area. However, this exemption shall not apply to a parcel that is one phase or portion of a larger project. The City of Tulare may disallow the use of this exemption if it finds that the subject property has been subdivided into one-acre or smaller parcels in whole or in part to avoid the mitigation obligation.
(G) The following public uses are exempt from the mitigation obligation imposed by this chapter: public parks or public recreational facilities, permanent natural open space, and trails and developed open space that are open to the public.
(H) Projects designed solely to preserve, create, or enhance wildlife habitat on agricultural land shall be exempt from the mitigation obligation in this chapter.
(I) At its sole option, an applicant may choose to arrange for the imposition of an agricultural conservation easement on a larger area of land than the area of land proposed for conversion and thereby generate a mitigation credit equal to the excess net acreage encumbered with the easement.
(J) Any excess area encumbered with the agricultural conservation easement shall fully comply with all requirements of this chapter and shall be comparable to the land proposed for conversion to the same degree as the portion of the land offered to satisfy the mitigation obligation in this chapter, including, but not limited to, the requirements for mitigation land in § 10.222.070 and the review and approval process in § 10.222.090.
(K) The administrative fee paid by an applicant choosing to create mitigation credits shall include the acreage covered by the mitigation credits. The applicant may pass that fee through to a later purchaser of the credits.
(L) Mitigation credits created under this chapter may be conveyed and used as provided in § 10.222.060.
(M) The qualified entity shall maintain a ledger indicating:
(1) The amount of credits created under this section;
(2) The holder of those credits;
(3) The administrative fees paid by the creator of the credits attributable to the mitigation land covered by the credits; and
(4) Any subsequent transactions involving those credits.
(Ord. 20-03, passed 2-18-2020)