§ 13.28

(a)

This chapter is adopted under the authority of the Mitigation Fee Act, California Government Code sections 66000 et seq.

(b)

Unless otherwise specifically described in this chapter, all provisions of chapter 13.04 of this title (General Provisions and Definitions) shall apply to the agricultural mitigation fee.

(Ord. 1125 § 1 (part), 2008)

(a)

In order to implement the goals and objectives of the City's General Plan and to mitigate impacts caused by new development within the City, an agricultural mitigation fee is necessary. The purpose of the agricultural mitigation fee is to mitigate the loss of productive agricultural lands converted for urban uses within the City by permanently protecting agricultural lands planned for agricultural use and by working with farmers who voluntarily wish to sell or restrict their land in exchange for fair compensation.

The City Council finds that this chapter is necessary for the following reasons:

(1)

To benefit the local economy and provide jobs;

(2)

San Joaquin County farmland is of highly productive quality;

(3)

The City is surrounded by productive farmland on all sides;

(4)

The continuation of agricultural operations preserves the existing landscape, and environmental and aesthetic resources of the area;

(5)

The Tracy General Plan sets forth policies to preserve productive farmland, including the development of a program to secure permanent agriculture on lands designated for agriculture in the City and/or County General Plan;

(6)

California is losing farmland at a rapid rate;

(7)

Loss of agricultural land is consistently determined to be a significant impact under the California Environmental Quality Act (CEQA) in development projects;

(8)

Loss of farmland to development is irreparable and agriculture is an important component of the region's economy and rural community character; and

(9)

Losing agricultural land will have a cumulatively negative impact on air quality, traffic, noise, public services demands, and aesthetics in the City and in the County of San Joaquin.

It is the policy of the City to work cooperatively with neighboring cities and San Joaquin County to preserve agricultural land within or adjacent to the Tracy planning area and its adopted sphere of influence, beyond that land deemed necessary for development. It is further the policy of the City to protect and conserve agricultural land in its vicinity.

(b)

California Government Code sections 66000 et seq., provides that development impact fees may be enacted and imposed on development projects. The City Council finds and determines that:

(1)

New development projects cause the loss of, or conversion of, agricultural lands within or adjacent to the City of Tracy;

(2)

The health, safety, peace, morals, convenience, comfort, prosperity, and general welfare of the residents and businesses within the City will be enhanced by the adoption of an agricultural mitigation fee to preserve, enhance, and mitigate for the conversion of productive agricultural lands to urban and municipal uses.

(Ord. 1125 § 1 (part), 2008)

In this chapter:

"Agricultural land" or "farmland," means any land identified by the California Department of Conservation's Farmland Mapping and Monitoring Program and the Tracy General Plan Environmental Impact Report as Prime Farmland, Farmland of Statewide Importance, or Unique Farmland.

"Agricultural mitigation fee" means and includes all development impact fees collected to offset the costs associated with the loss of agricultural lands in new development, whether collected under this chapter or a separate condition of approval.

"Agricultural mitigation land" means agricultural land encumbered by a farmland deed restriction, a farmland conservation easement or another conservation mechanism acceptable to the City, including acquisition of fee title by the City or a qualified entity as defined below.

"Agricultural operation" means normal and customary farming and agricultural activities which may occur during any twenty-four (24) hour period of the day. Normal and customary farming and agricultural activities include, but are not limited to, the cultivation and tillage of the soil, the irrigation, cultivation, growing, harvesting, and processing of any agricultural commodity for wholesale or retail markets, including viticulture, horticulture, the keeping and raising of livestock, fur-bearing animals, fish or poultry, and any commercial agricultural practices performed as incident to or in conjunction with such activities including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

"Farmland conservation easement" means an easement over agricultural land for the purpose of restricting its use to agriculture.

"Farmland deed restriction" means a recorded deed restriction, covenant or condition which precludes the use of the agricultural land subject to the restriction for any nonagricultural purpose, use, operation or activity. The deed restriction shall provide that the land subject to the restriction will permanently remain an agricultural land unless specified as a term easement.

"Nexus Study" means the South San Joaquin County Farmland Conversion Fee Nexus Study, dated July 18, 2005 and prepared by ESA, including amendments which may be made from time to time.

"Qualified entity," such as a land trust, which is a nonprofit public benefit 501(c)3 corporation operating in San Joaquin County for the purpose of conserving and protecting land in its natural, rural or agricultural condition.

"Settlement Agreement" means the Settlement Agreement and Release of Claims entered into on August 16, 2001 between Sierra Club, Delta Keeper and California Sport Fishing Protection Alliance (collectively "Organizations"), the cities of Manteca, Tracy, Lathrop and Escalon, and the South San Joaquin Irrigation District (SSJID), in settlement of a writ of mandate filed in San Joaquin County Superior Court on June 30, 2000, Case No. CV 011090.

(Ord. 1125 § 1 (part), 2008)

13.28.040 - Fee imposed.

(a)

Fee imposed. The owner of farmland to be developed for private urban uses (including but not limited to residential, commercial or industrial) shall pay an agricultural mitigation fee for each acre of farmland to be developed. However, those developments set forth in subsection (d) of this section are exempt from this requirement.

(b)

Time of payment. The owner shall pay the fee at the time of building permit issuance unless the Mitigation Fee Act requires later payment. The fee is that fee amount in effect at the time of payment.

(c)

Amount of fee. The amount of the fee shall be established by City Council resolution, based upon the Nexus Study. The fee resolution shall set forth the findings required by the Mitigation Fee Act, at Government Code section 66001: (1) identify the purpose of the fee; (2) identify the use to which the fee is to be put; (3) determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed; (4) determine how there is a reasonable relationship between the need for the agricultural mitigation and the type of development project; and (5) determine how there is a reasonable relationship between the amount of the fee and the cost of the mitigation attributable to the development.

Once established, the fee shall be automatically increased each year by the increase in the Consumer Price Index (CPI) for "All Urban Consumers, San Francisco, Oakland, San Jose area. All Items, as published by the United States Department of Labor, Bureau of Labor Statistics.

(d)

Exemptions. Pursuant to the settlement agreement, the following specific projects are excluded from the requirements of this chapter as of 2005:

(1)

The Tracy Gateway project, which has already agreed to an agricultural mitigation program (unless it receives any SSJID water, in which case the project's current agricultural mitigation fee will be increased from Seven Hundred Fifty and no/100ths ($750.00) Dollars per acre to Two Thousand and no/100ths ($2,000.00) Dollars per acre).

(2)

The Tracy Hills project (unless it receives any SSJID water, in which case the project would be subject to the agricultural mitigation fee of Two Thousand and no/100ths ($2,000.00) Dollars per acre for every acre of prime farmland in that project converted).

(3)

Projects with signed development agreements as of 2005, such as Presidio and Bank of America.

(4)

Any development application that has an Equivalent Consumer Unit ("ECU") or Residential Growth Allotment ("RGA") on or before August 16, 2004, unless the ECU or RGA has expired, after which the project is subject to this chapter. (This includes Plan C, South MacArthur, ISP, NEI and I-205 projects.)

(5)

Any infill project. An infill project is defined as: (1) development of unused or underutilized land within the urban limits of the City, the land being adjacent to existing development on three (3) sides as of 2005; or (2) any development within an "infill zone" as defined by the municipal code.

(6)

Any project that has been conditioned on the payment of a fee for agricultural land mitigation or any other exaction imposed to mitigate for loss of agricultural land on or before August 16, 2004 (the effective date of the Settlement Agreement). (This includes the Tracy Gateway project.)

(7)

The portion of a project which is restricted by deed for farm-like uses (e.g., community garden, orchard, vineyard), when approved by the City Council as part of the project approval.

(Ord. 1125 § 1 (part), 2008)

(a)

Use. The fee shall be used for the preservation of farmland or open space within or adjacent to the Tracy planning area or its adopted sphere of influence (beyond the land deemed necessary for development), to establish an urban boundary or open space buffer zone, or within San Joaquin County. The use of the fee may include outreach, the purchase of land or easements, transaction costs, easement monitoring and enforcement of regulations on the land, and reasonable general administrative costs. Farmland conservation easements should be permanent and the fees may not be used to purchase land or easements already subject to another conservation easement.

(b)

Conveyance to qualified entity. By separate agreement with each entity approved by the City Council, the City may convey a portion or all of the fees collected to a qualified entity.

If the fees are conveyed to a qualified entity, that entity shall use the fees only for the purposes authorized in this chapter and shall comply with the reporting and accounting requirements established by the City.

(Ord. 1125 § 1 (part), 2008)

13.28.060 - Deposit and accounting.

(a)

Upon receipt of funds from the City derived through this chapter, the City shall deposit, invest, account for, and expend the funds pursuant to California Government Code section 66006.

(b)

The City staff or qualified entity, or both, shall report to the City Council once each fiscal year concerning the fees and accounts, including any portions of fees remaining unexpended or uncommitted five (5) or more years after deposit. The City Council shall make findings once each fiscal year with respect to any portion of the fee remaining unexpended or uncommitted in its account five (5) or more years after deposit of the fee, to identify the purpose to which the fee is put, and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged. (Gov't. Code Sections 66001(d) and 66006.)

(Ord. 1125 § 1 (part), 2008)

Chapter 13.32 - REGIONAL TRANSPORTATION IMPACT FEE

Sections: