Agenda Item Wording:
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Approval of Agricultural Conservation Easement - A request by Sequioa Riverlands Trust to have their agricultural conservation easement form and content approved as required per the City’s adopted Agricultural Preservation Ordinance.
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Deadline for Action: 2/20/2024
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 that the City Council approve the form and content of Sequioa Riverlands Trust agricultural conservation easement in accordance with the provisions as defined in Article 3 “Methods of Preservation” of the City of Visalia Agricultural Preservation Ordinance.
Summary:
Sequoia Riverlands Trust (SRT) has submitted their agricultural conservation easement document. A copy of the “Deed of Agricultural Conservation Easement” is attached to this report as Attachment 1. The conservation easement document is being prepared to mitigate the conversion of approximately 158.75 acres of prime farmland in association with the first phase (i.e., Tier 2 area) for the “Carleton Acres Project”.
As required pursuant to Article 3, Section 18.040.080.D “Approval of the Easement” of the Agricultural Preservation Ordinance (APO), the City Council shall approve the form and content of all agricultural conservation easements to ensure consistency with this chapter. Subsequent easement form reviews, which were initially approved by the City Council, may permit the Council to authorize a designee to review and confirm future easements as addressed in Section 18.04.080.D of the APO.
SRT is seeking approval by the City Council that their easement form and content complies with the requirements set forth in Article 3 Section 18.04.080 of the APO. Staff has reviewed the easement document submitted by SRT and concludes that the document addresses the provisions as follows:
1. Section 18.04.080.A Easement Acquisition. The applicant shall convey, or arrange for the conveyance of, an area of land meeting its preserved land obligation to a qualified entity for execution of an agricultural conservation easement thereon.
Response: The easement document clearly demonstrates that the applicant is conveying farmland of statewide importance to a certified entity (Sequoia Riverlands Trust) based on their land obligation requirement to mitigate farmland being developed for the Carleton Acres project.
2. Section 18.04.080.B.1 through 6 Eligibility of Land for Easement. The preserved land shall meet all of the following requirements to be eligible for placement in an agricultural conservation easement.
1. The preserved land shall be located in the southern San Joaquin Valley, with preference afforded to preserved land located within 10 miles of the City limits. The preserved land must be located outside any city’s limits and sphere of influence.
Response: The 158.75-acre site is located approximately eight (8) miles north of the Visalia City limits, within County of Tulare. The site is bordered by Avenue 384 to the north and Road 124 to the east (APN: 047-030-004).
2. The preserved land shall be designated as prime farmland or farmland of statewide importance on the most recent published Farmland Mapping and Monitoring Program (FMMP) map.
Response: The property is designated as farmland of statewide importance on the most recently published FMMP map.
3. The preserved land shall be a minimum of 20 contiguous acres in size.
Response: The preserved land is 158.75-acres.
4. The preserved land shall be zoned and planned for agricultural uses consistent with the purposes of an agricultural conservation easement.
Response: The preserved land is zoned AE-40 per the Tulare County Public Parcel Zoning Lookup Map.
5. The preserved land shall have at least one verified source of water.
Response: The preserved land (APN: 047-030-004) is located in the Alta Irrigation District with access rights to water.
6. The preserved land shall not be encumbered by any use or structure that would be incompatible with the purpose of the agricultural conservation easement. Such uses shall be deducted from the total acreage being preserved.
Response: The preserved land is not be encumbered by any use or structure that would be incompatible with the purpose of the agricultural conservation easement. A review of aerial map imagery (see attached map) identifies that the land to be conserved is not encumbered by any structure(s) or use(s) that would be incompatible with the purpose of an agricultural easement. In addition, the property owner has verified that the site is not encumbered by any structure(s) or use(s).
3. Section 18.04.080.C.1 through 11 Terms of Easement. The agricultural conservation easement shall be consistent with the purpose and intent of this chapter and shall include, at a minimum, the following terms.
1. The agricultural conservation easement prohibits all residential, commercial, or industrial development and any other land uses or activities that substantially impair or diminish the agricultural productive capacity of the preserved land or that are otherwise inconsistent with the conservation purposes of this chapter.
Response: SRTs easement document addresses these items under Section 3 “Prohibited Uses, Section 5 Construction or Placement of Buildings and Other Improvements, Section 6 No Subdivision and Section 7 Extinguishment of Development Rights (see Attachment 1).
2. The agricultural conservation easement prohibits the landowner from entering into any additional easement, servitude, or other encumbrance that could prevent or impair the potential agricultural use of the preserved land.
Response: SRTs easement document addresses this item under Section 27 Granting Subsequent Easements, Interests in Land, or Use Restrictions (see Attachment 1).
3. The agricultural conservation easement limits the construction of structures to those designed to facilitate agricultural use of the property, except that this division shall not prohibit replacement of an existing home that was present at the time the easement was established so long as the replacement of the home does not prevent the agricultural use of the property. Secondary dwelling units or farmworker housing may also be permitted, so long as the primary use of the property is agricultural.
Response: SRTs easement document addresses this item under Section 5 Construction or Placement of Buildings and Other Improvements.
4. The preserved land to be subject to the agricultural conservation easement will be either obtained from a willing seller or voluntarily conveyed by the applicant.
Response: Yes, the property owner is encumbering this property with an agricultural easement to mitigate farmland being developed for the Carleton Acres project.
5. Any existing financial liens or financial encumbrances on the preserved land shall be subordinated to the agricultural conservation easement.
Response: SRTs easement document addresses this item under Section 26 The Landowner’s Title Warranty; No Prior Conservation Easements.
6. The agricultural conservation easement shall be approved by the qualified entity that will hold the easement and executed by all parties with an interest in the preserved land.
Response: SRT prepared the Deed of Agricultural Conservation Easement that will be executed by all parties with an interest in the preserved land. The City Council on October 16, 2023, certified SRT as an entity for the purpose of holding agricultural conservation easements in accordance with the City of Visalia Agricultural Preservation Ordinance.
7. The agricultural conservation easement is in recordable form and contains an accurate legal description of the preserved land.
Response: The Deed of Agricultural Conservation Easement has been prepared in a recordable form and contains an accurate legal description and map of the preserved land (see Attachment 1).
8. The agricultural conservation easement names the qualified entity as an intended beneficiary and authorizes it to enforce all terms of the easement.
Response: SRT, a California nonprofit public benefit corporation, having an address at 427 S. Garden, Visalia, CA 93277, is named as the “Grantee”, for the purpose of forever conserving the agricultural productive capacity and open space character of the subject property.
9. The agricultural conservation easement recites that it is intended to satisfy the preserved land obligation imposed by this chapter and that it is subject to the requirements set forth in this chapter.
Response: SRTs easement document addresses this requirement under Recitals Section C (see Attachment 1).
10. The agricultural conservation easement provides that if the qualified entity holding the easement ceases to exist, ownership of the easement shall pass to another qualified entity.
Response: SRTs easement document addresses this requirement under Section 18 Transfer of Easement (see Attachment 1).
11. The agricultural conservation easement has been approved as to form by the City of Visalia, in accordance with section 18.04.080(D).
Response: Staff recommends the City Council approve SRTs Deed of Agricultural Conservation Easement document. The easement document form and content demonstrate compliance with the City’s adopted APO. In addition, SRT has been confirmed by the City Council 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.
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: N/A
Alternatives:
The City Council can elect to not approve the form and content of Sequioa Riverlands Trust agricultural conservation easement.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve the form and content of Sequioa Riverlands Trust agricultural conservation easement in accordance with the provisions as defined in Article 3 “Methods of Preservation” 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:
• Attachment 1 - “Deed of Agricultural Conservation Easement”
• Aerial Map Easement Area