(A) All mitigation proposed by an applicant to comply with this chapter, including any alternative mitigation option proposed by the applicant, shall be reviewed by the Planning Commission for consistency with the terms and purposes of this chapter. The Planning Commission shall recommend approval, conditional approval, or disapproval to the City Council. The Planning Commission shall not recommend approval of the proposed mitigation unless it finds that mitigation to be consistent with the requirements for mitigation land and agricultural conservation easements set forth in § 10.222.070.
(B) The City Council shall consider the Planning Commission's recommendation and shall either approve, conditionally approve, or disapprove the proposed mitigation.
(C) The City of Tulare shall not issue any permit or other approval for any project involving a conversion subject to the mitigation obligation under this chapter unless the City Council has previously approved proposed mitigation in compliance with this chapter. Issuance of any such permit or approval shall be conditioned on the applicant's completion of mitigation in compliance with § 10.222.090(D) and (E).
(D) The applicant for conversion must complete all required mitigation prior to the earliest of either:
(1) Approval of any parcel map or final subdivision map; or
(2) Issuance of any building, grading, or encroachment permit.
(E) Mitigation shall be deemed complete when the approved agricultural conservation easement has been recorded and the applicant has paid the required administrative fee. However, if the applicant elects to seek approval of an alternative mitigation option, mitigation shall be deemed complete when the City of Tulare provides the applicant with a letter indicating that mitigation is complete.
(Ord. 20-03, passed 2-18-2020)