Farmland Mitigation Fee

“Description of Nature, Purpose and Beneficiaries of Project: Addition of Chapter 10.162, Farmland Mitigation to the City of Tulare Municipal Code, creating and adopting a mitigation program to address the conversion of Critical Farmland within the City's urban development boundary and outside the city limits.”

“Therefore, the City now desires to enter into an agreement with the Great Valley Land Trust to place an endowment and preservation easement(s) over the City’s 580 acres of land so that developers can have the option to purchase an easement from the City. The Great Valley Land Trust will handle the easement management in perpetuity. // The proposed upfront cost to the City to place an easement on the 580 acres is approximately $1,000,000. To recoup those funds, the City would charge new development a one-time endowment fee of $2,000 per acre. J. Hower & Associates recently appraised the value of the proposed easements, on behalf of the City, at a range of $1,000 to $5,000 per acre. Staff recommend the City charge an initial easement fee of $2,500 per acre with the intent to obtain an updated appraisal every five years. Staff also recommend the City charge an additional administrative fee of $2,000 per acre to cover staff costs and direct expenses, for a total fee of $6,500 per acre.”

“The purpose of this chapter is to set forth the specific criteria and guidelines, consistent with the City of Tulare (Tulare) General Plan policies for the mitigation of agricultural land converted to nonagricultural uses, within the city's urban development boundary (UDB) and outside the city limits. // This chapter and the following mitigation obligations shall apply to the conversion to a nonagricultural 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. // (B) For the purposes of calculating the mitigation obligation under § 10.66.050(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.”

2025-08-19

“PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 19th day of August 2025, by the following vote: Ayes: Dennis A. Mederos, Terry A. Sayre, Jose Sigala, Steve Harrell, Patrick Isherwood Noes: None”

Resolution 2025-52

“PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 19th day of August 2025, by the following vote: Ayes: Dennis A. Mederos, Terry A. Sayre, Jose Sigala, Steve Harrell, Patrick Isherwood Noes: None”

“(D) The applicant for conversion must complete all required mitigation prior to the earliest of either: (1) Issuance of any building, grading, or encroachment permit allowing for installation of underground utilities; or (2) Where changes are made that are irreversible and prohibitive of the converted farmland to be returned to agriculturally productive use. // (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 § 10.66.090(D) and (E).”

City of Tulare, the agency that levies it

“NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows: Section 1. The fee for the purchase of agricultural conservation easements as shown in Attachment A is hereby adopted.”

“(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. // (N) Exemptions. The following land uses are exempt from the mitigation requirements of this article: (1) The following projects: permanently affordable housing, public schools, community farms and gardens, land conserved in a natural state and habitat for native plants or wildlife, and public trails or parks.”