(A) To be considered a qualified entity, an entity must be a nonprofit public benefit corporation, operating within the state of California, that is qualified to hold conservation easements under § 815.3 of the Cal. Civil Code and in compliance with the requirements of § 65965 et seq. of the Cal. Gov't Code, and be approved by the City Council for the purpose of holding and managing agricultural conservation easements.
(B) In considering whether to approve an entity as a qualified entity, the City Council shall consider the following criteria:
(1) Whether the entity's principal purpose includes holding and administering easements for the purposes of conserving and maintaining lands in agricultural production;
(2) Whether the entity has an established record of holding and administering easements for the purposes of conserving and maintaining lands in agricultural production;
(3) The extent and duration of the entity's involvement in agricultural land conservation within the San Joaquin Valley, specifically Tulare County;
(4) Whether the entity has been accredited by the Land Trust Accreditation Commission;
(5) Whether the entity is a member in good standing of an established and widely recognized California statewide association of land trusts; and
(6) Any other information or requirements the city finds relevant under given circumstances.
(C) No qualified entity shall sell, lease, hypothecate, or encumber any interest in any mitigation land without the prior approval of the City Council.
(D) A qualified entity shall use fees provided by an applicant solely for purposes of acquiring, administering, monitoring, and enforcing agricultural conservation easements acquired pursuant to this chapter.
(E) If a qualified entity intends or reasonably expects to cease operations, it shall assign any agricultural conservation easements it holds to another qualified entity.
(F) The qualified entity shall monitor the use of all mitigation land subject to agricultural conservation easements held by the entity and enforce compliance with the terms of those agricultural conservation easements.
(G) On or before December 31 of each year after a qualified entity is approved by the City Council, the entity shall provide to the City of Tulare Planning Division an annual report describing the activities undertaken by the entity under this chapter. That report shall describe the status of the mitigation land and/or agricultural conservation easements held by the entity, including a summary of all action taken to enforce its agricultural conservation easements, and an accounting of the use of administrative and in-lieu fees remitted to it by applicants.
(Ord. 20-03, passed 2-18-2020)