A. Projects Subject to Program. Projects authorized by the City that would result in the conversion of prime farmland or farmland of statewide importance are subject to the provisions of this chapter, unless exempt in accordance with subsection B. or excluded in accordance with subsection C.
B. Exemptions. Projects subject to any of the following criteria are not subject to the provisions of this chapter.
1. Location. Projects, or portions thereof, located on lands that are not within the Tier II Urban Development Boundary or the Tier III Urban Growth Boundary.
2. Size. Projects of 20 acres or less in gross area. The City may disallow the use of this exemption if it finds that the subject property has been subdivided into 20-acre or smaller parcels in whole or in part to avoid the preserved land obligation in accordance with this chapter.
3. Prior Compliance. Projects on sites that have demonstrated compliance with the provisions of this chapter for affected acreage.
C. Exclusions. Projects consistent with any of the following criteria are not subject to the provisions of this chapter and shall be excluded from the preserved land obligation as outlined in section 18.04.070A. Such exclusions may comprise the entire project area or may be a portion of the project area acreage. Only such portion of the project area that falls within any of the following categories shall be excluded.
1. Farmland Designation.
a. Acreage not designated as prime farmland or farmland of statewide importance on the most recent Farmland Mapping and Monitoring Program (FMMP) map published by the California Department of Conservation.
b. Acreage that may be designated as prime farmland or farmland of statewide importance on the most recent Farmland Mapping and Monitoring Program (FMMP) map published by the California Department of Conservation but meets at least one of the following standards. Documents demonstrating compliance with one or both standards shall be submitted to the Director for evaluation and determination, which may include concurrence from the Department of Conservation.
1. Land Use. The land is not currently and has not been used for irrigated agricultural production for a minimum of four consecutive calendar years.
2. Soils. The soil type is not listed on the Soil Candidate Listing for Prime Farmland and Farmland of Statewide Importance for Tulare County, as maintained by the Department of Conservation for purposes of the FMMP.
2. Project Type or Use.
a. Affordable housing projects that comply with State Density Bonus Law.
b. Agricultural processing uses.
c. Agricultural buffers.
d. Public facilities.
e. Roadways.
(Ord. 2023-02 (part), 2023)