Agenda Item Wording:
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A request by Sequoia Riverlands 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: 10/16/2023
Submitting Department: Community Development
Contact Name and Phone Number:
Paul Bernal, Community Development Director, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>, (559) 713-4025
Department Recommendation:
Staff recommends that the City Council confirm 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.
Summary:
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.
Sequoia Riverlands Trust (SRT) is the first organization that has submitted the necessary information to staff seeking approval by the City Council as a qualified entity for the purpose of holding agricultural conservation easements in accordance with the Agricultural Preservation Ordinance. Staff has reviewed the information submitted by SRT and concludes that they can be certified as an entity for the purposes of holding agricultural conservation easements in accordance with the provisions of the Agricultural Preservation Ordinance as follows:
In considering whether to approve an entity as a qualified entity for purposes of this chapter, the City Council shall consider the following criteria.
1. Whether the entity's principal purpose includes holding and administering easements for conserving and maintaining lands in agricultural production.
Response: SRT implemented its first agricultural conservation easement in the San Joaquin Valley in 2009 and has a portfolio that currently includes 30 properties covering ±6,250 cultivated acres. An additional ±2,500 acres of productive rangeland comprising nearly a dozen properties is held in easement in the Sierra Nevada foothills and more than 4,100 acres of rangeland are held in fee-title and managed by SRT. Combined, the properties SRT holds in easement, manages, and owns in the south valley and foothills include a majority of privately conserved land in the region, sustaining agricultural and grazing operations as well as maintaining critical natural habitats.
2. The extent and duration of the entity's involvement in agricultural land conservation within the southern San Joaquin Valley.
Response: Sequoia Riverlands Trust was founded in 2000 and its current mission statement is “to conserve the lands and waters of California’s heartland”. SRT is a 501(c)(3) nonprofit and accredited land trust through the Land Trust Alliance (LTA). A copy of their accreditation certificate along with a copy of their “Land Trust Annual Membership Renewal Invoice” is attached to this staff report.
3. Whether the entity has been accredited by the Land Trust Accreditation Commission.
Response: As noted above, SRT is a 501(c)(3) nonprofit and accredited land trust through the Land Trust Alliance (LTA). A copy of their accreditation certificate along with a copy of their “Land Trust Annual Membership Renewal Invoice” is attached to this staff report.
4. Whether the entity is a member in good standing of an established and widely recognized national or statewide association of land trusts.
Response: Sequoia Riverlands Trust was founded in 2000 and its current mission statement is “to conserve the lands and waters of California’s heartland”. SRT is a 501(c)(3) nonprofit and accredited land trust through the Land Trust Alliance (LTA). A copy of their accreditation certificate along with a copy of their “Land Trust Annual Membership Renewal Invoice” which is attached to this staff report. In addition, SRT implemented its first agricultural conservation easement in the San Joaquin Valley in 2009 and has a portfolio that currently includes 30 properties covering ±6,250 cultivated acres.
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 this easement is to enable the Property to remain in productive agricultural use in perpetuity.
6. Any other information or requirements the City finds relevant under given circumstances.
Response: SRT also has major programs including a robust environmental education program interacting with students and educators across Tulare County, holding of traditional and agricultural conservation easements (±31,000 acres), fee title ownership and management of multiple nature preserves (±4,000 acres with public access), and land management contracts (±20,000 acres). Approximately 6,500 acres of fee title lands and 6,300 acres of land managed by SRT are in the Carrizo Plain while the majority is concentrated in the southern San Joaquin Valley and Sierra Nevada foothills.
SRT’s main office is located in Visalia, CA with a second office in the Carrizo Plain, and there are currently 19 full-time staff members. While staff are responsible for day-to-day operational decisions, the Board sets organizational policy and supervises the Executive Director, who in turn oversees other staff members. The Board also consults with staff members in specific program areas through standing committees that have both Board and staff representation. In accordance with LTA Standards and Practices, SRT staff do not commit to any land or easement acquisition without providing the full Board information on the conservation values, financial implications and other elements of the transaction, and securing a Board vote of approval.
Based on the information provided by SRT and as noted in the staff report, staff recommends that SRT be approved as a qualified entity for the purposes of holding for the purposes of holding agricultural conservation easements.
Fiscal Impact:
None.
Prior Council Action:
• 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 not approve Sequoia Riverlands Trust as a qualified entity.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve 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
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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. Sequoia Riverlands Trust Executive Summary
3. Sequoia Riverlands Trust Bylaws
4. Sequoia Riverlands Trust Accreditation Certificate
5. Copy of the Land Trust Annual Membership Renewal Invoice
6. Draft Copy of Agricultural Conservation Easement