Agenda Item Wording:
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Certified Entity Request - A request by Great Valley Land Trust to be certified as an entity for the purposes of holding agricultural conservation easements in accordance with the City of Visalia Agricultural Preservation Ordinance.
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Deadline for Action: 3/4/2024
Submitting Department: Community Development
Contact Name and Phone Number:
Paul Bernal, Planning and Community Preservation Director, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>, (559) 713-4025
Department Recommendation:
Staff recommends the City Council consider the information and material submitted by Great Valley Land Trust (GVLT), and at Council’s discretion, determine whether to approve or deny their request as a qualified entity for the purposes of holding agricultural conservation easements in accordance with the provisions as set forth in Visalia Municipal Code Section 18.04.100 of the City of Visalia Agricultural Preservation Ordinance (APO).
As provided in the staff report, GVLT has met the requirements set forth in Section 18.04.100(A), and some of the criteria in Section 18.04.100(B). GVLT which was founded in 2023, has obtained status as 501(c)(3) entity, has provided a conservation easement template that is consistent with terms of the APO, and is seeking Council approval. However, staff would note that an established portfolio and track record of securing, managing, and monitoring conservation easements has not been demonstrated in accordance with the criteria in Section 18.04.100(B)(2) and GVLT has not been accredited by the Land Trust Accreditation Commission in accordance with the criteria in Section 18.04.100(B)(3).
The Council determined that the City should seek to have multiple qualified entities approved under the APO provisions, and staff notes that consideration of approving such entities should be done in a manner that protects the City’s interests in ensuring that farmland encumbered by a conservation easement is being maintained and monitored as required per the APO. Any future similar request by an entity seeking Council approval that demonstrates minimum compliance with the terms as identified in the APO will be subject to the same consideration afford to GVLT’s request.
Background Discussion:
Article 4 of the Agricultural Preservation Ordinance addresses how the city proceeds with certifying qualified entities. Under Article 4, qualifications for entities to be considered include:
1. The entity must be a nonprofit public benefit corporation operating within the state of California, and
2. The entity is qualified to hold conservation easements under California Civil Code section 815.3, and
3. The entity must be approved by the City Council for the purpose of holding and managing agricultural conservation easements in accordance with the APO.
Great Valley Land Trust is the second organization that has submitted information to seek approval by the City Council to be certified and approved as a qualified entity for the purpose of holding agricultural conservation easements in accordance with the City’s Agricultural Preservation Ordinance (APO). While GVLT has demonstrated that it meets the first and second requirements listed above, in considering whether to approve the trust as a qualified entity for purposes of this chapter, the City Council must exercise its discretion in considering whether GVLT sufficiently meets the criteria in Section 18.04.100(B). To be clear, the criteria in Section 18.04.100(B) are permissive, and not mandatory, which means that the applicant need not meet all of the criteria set forth in that subsection. Instead, the Council may approve the applicant’s request if it is satisfied that GVLT has met enough of the criteria to convince the Council that it can satisfactorily serve as a qualified entity for holding agricultural easements under the auspices of the APO.
1. Whether the entity's principal purpose includes holding and administering easements for conserving and maintaining lands in agricultural production.
Response: Great Valley Land Trust has submitted their “Executive Summary” which is attached to this report. Per their executive summary, Great Valley Land Trust was founded in 2023 “to conserve the farmlands of California’s Central Valley.” In addition to conservation efforts, they also are seeking ways “to promote environmentally sound farming practices while working closely with the Tulare/Kings County Building Industry Association”. Although as a newly formed trust, Great Valley Land Trust will seek to raise funds for and receive contributions of farmland, financials resources, and other assets to be used to acquire property or partial interests, including conservation easements, which will preserve farmland for agricultural activities.
Great Valley Land Trust is operated by volunteer officers and directors who oversee the activities and coordinate volunteer activities as needed. Great Valley Land Trust is managed by a Board of Directors who have set forth organizational policy and contracts with specialized Land Trust consultants for advice.
No additional information has been provided demonstrating at this time Great Valley Land Trust has secured and/or holds any conservation easements since their inception.
2. The extent and duration of the entity's involvement in agricultural land conservation within the southern San Joaquin Valley.
Response: Great Valley Land Trust was founded in 2023. As noted above, no additional information has been provided that demonstrates Great Valley Land Trust has secured and/or holds any conservation easements since their inception in 2023.
3. Whether the entity has been accredited by the Land Trust Accreditation Commission.
Response: Great Valley Land Trust has received approval to operate as a 501(c)(3) nonprofit. A copy of their nonprofit status is attached to this report. However, GVLT is not an accredited land trust through the Land Trust Alliance (LTA).
4. Whether the entity is a member in good standing of an established and widely recognized national or statewide association of land trusts.
Response: Great Vally Land Trust is a newly formed trust that was founded in 2023. There is no additional information that could support the statement that they are a member in good standing of an established and widely recognized national or statewide association of land trusts. However, per their Executive Summary, they are working closely with the Building Industry Association of Tulare/Kings County.
5. Whether the entity’s easement template is consistent with the terms of this chapter.
Response: The draft easement template which is attached to this report is consistent with the terms identified in the agricultural preservation ordinance including language that enables conversed land to remain in productive agricultural use in perpetuity.
6. Any other information or requirements the City finds relevant under given circumstances.
Response: Great Valley Land Trust has also provided copies of the Articles of Incorporation and Bylaws which are attached to this report. In addition, Great Vally Land Trust has submitted a summary overview of how they will provide annual monitoring and reporting. A copy of this document is also attached to the report.
Great Valley Land Trust main office is located in Visalia, CA. The trust has identified four of their officers/board members which are noted in the attached Executive Summary and Bylaws. The Board sets organizational policy and supervises the Executive Director and is the governing body that commits to any land or easement acquisition based on the Boards vote of approval.
The City of Visalia invested significant time and recourses to ensure that the City Council adopted an ordinance that satisfied a General Plan policy to mitigate the development of prime farmland and farmland of statewide importance. The adoption of the Agricultural Preservation Ordinance, which has only been enacted for 10 months, is essential in permitting the City to approve entitlements that support development in the Tier II Urban Development Boundary by demonstrating the City’s commitment to mitigate the loss of farmland (i.e., prime and statewide importance) by ensuring conservation easements are obtained and that the encumbered farmland is protected and used for agricultural purposes in perpetuity.
Fiscal Impact:
None.
Prior Council Action:
• On October 16, 2023, the City Council confirmed Sequioa Riverlands Trust as a qualified entity for the purposes of holding agricultural conservation easements in accordance with the provisions as defined in Article 4 of the City of Visalia Agricultural Preservation Ordinance.
• On May 15, 2023, the City Council held a second reading and adopted Ordinance No. 2023-02.
• On May 1, 2023, the City Council held a public hearing to introduce Ordinance No. 2023-02. The City Council voted 4-0, Vice Mayor Taylor recused, to introduce and adopted Ordinance No. 2023-02.
• On March 6, 2023, the City Council received a presentation and update on the release of the draft APO. During the Work Session presentation, the consultant and staff provided an overview of the ordinance and received input from the City Council and community on the content of the draft ordinance.
• On December 5, 2022, the City Council received a presentation and provided direction regarding a series of options for the City Council’s consideration ahead of a future adoption of an APO to implement General Plan Land Use Policy LU-P-34.
• On August 18, 2022, the City Council adopted Resolution No. 2022-50 which rescinded the adoption of Resolution No. 2021-44, which approved General Plan Amendment No. 2021-01, a request by the City of Visalia to amend language to General Plan Land Use Policy LU-P-34 by removing the requirement to establish an Agricultural Mitigation Program (AMP) for properties converting prime farmland and farmland of statewide importance within Growth Tiers II and III. The adoption of the resolution to rescind the adoption of Resolution No. 2021-44 was based on the ruling of the Superior Court of the State of California, County of Tulare, which invalidated the City of Visalia’s approval to General Plan Amendment (GPA) No. 2021-01 and the related certification of an addendum to a previously certified environmental impact report (EIR).
Other: None.
Alternatives:
The City Council can elect to deny the Great Valley Land Trust as a qualified entity for the purposes of holding agricultural conservation easements and/or request the organization to solicit someone with experience to work with them for a specified period of time.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve Great Valley Land Trust as a qualified entity for the purposes of holding agricultural conservation easements in accordance with the provisions as defined in Article 4 of the City of Visalia Agricultural Preservation Ordinance.
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Environmental Assessment Status:
The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(3) since the activity in question is not a “project” as defined in CEQA Guidelines Section 15378, it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
CEQA Review:
The requested action is not a “project” under CEQA.
Attachments:
1. Qualified Entity Checklist
2. Great Valley Land Trust Executive Summary
3. Articles of Incorporation and Trust Bylaws
4. Great Valley Land Trust 501(c)(3) documentation
5. Draft Copy of Agricultural Conservation Easement
6. Annual Monitoring and Reporting Information