§ 9-701

The purpose of this Chapter is to implement the conservation policies contained in the General Plan related to permanently protecting agricultural land within the County and requiring agricultural mitigation for projects that convert through development agricultural land to urban uses. County projects on Countyowned land are exempt from this Chapter. More specifically, this Chapter is intended to accomplish the following:

(a)

Intergovernmental Coordination. It is County policy to work cooperatively with the cities within the County, helping them adopt agricultural preservation policies and ordinances, consistent with this Chapter, in order to undertake an integrated, comprehensive countywide approach to preservation and agricultural mitigation. The County's goal is for all cities to adopt and implement an agricultural mitigation program modelled on this Chapter.

(b)

Habitat Mitigation Plan. The Board of Supervisors intends to coordinate its regulatory efforts with the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan in order to achieve an optimal farmland protection system.

(c)

Delta Protection Commission. The Board of Supervisors will coordinate its regulatory efforts with those of the Delta Protection Commission for optimal farmland protection.

(Ord. No. 4683, § 30, 12-9-2025)

The Board of Supervisors finds this Chapter is necessary because:

(a)

The County is losing farmland at a rapid rate;

(b)

The County's farmland is of exceptional productive quality and an important component of the County's economy;

(c)

Loss of farmland to development is irreparable and will have a cumulatively negative impact on the economy of the County;

(d)

Continuation of agricultural operations preserves the landscape and environmental resources;

(e)

Permanent preservation of farmland is a General Plan policy; and

(f)

Using only zoning and other regulatory mechanisms has been a useful, but inadequate, approach to preserving farmland, so agricultural mitigation must be required, consistent with the General Plan, when agricultural land would be converted to urban uses.

(a)

Creation. An Agricultural Technical Advisory Committee is created to carry out the functions authorized by this Chapter, including review of farmland conservation easements and formulation of an Agricultural Mitigation Strategy.

(b)

Powers. The Agricultural Technical Advisory Committee shall:

(1)

Adopt rules of procedure and bylaws governing the operation of the advisory committee and the conduct of its meetings;

(2)

Develop and periodically update an Agricultural Mitigation Strategy, consistent with Section 9-701.070;

(3)

Periodically report to the Board of Supervisors, on request, on different agricultural mitigation ratios and definitions for the Delta and for Prime Agricultural land;

(4)

Consider and make recommendations to the Board of Supervisors regarding future consideration of the inclusion of land outside the County as allowable Agricultural Mitigation Land, and agricultural mitigation strategies other than the hybrid in-lieu fee/in-kind land approach set forth in this Chapter;

(5)

Explore the concept of establishing an Agricultural Mitigation Bank; and

(6)

Assume other responsibilities as set forth in this Chapter or assigned to the Committee by the Board of Supervisors.

(c)

Composition. The Agricultural Technical Advisory Committee shall be composed of three representatives appointed by the San Joaquin Farm Bureau Federation, three representatives appointed by the Building Industry Association, and three representatives appointed by the Board of Supervisors, in which the appointees from the San Joaquin Farm Bureau Federation and the Building Industry Association are ratified by the Board of Supervisors.

(d)

Voting. A supermajority vote (i.e., a two-thirds vote of its members) is a requirement for all decisions by the Agricultural Technical Advisory Committee.

(e)

Term. The terms of the Agricultural Technical Advisory Committee shall be as follows:

(1)

Five members shall be initially appointed for two-year terms. Said two- year terms shall be applicable to two of the appointees of the Building Industry Association, two of the appointees of the San Joaquin Farm Bureau Federation, and one of the appointees of the Board of Supervisors.

(2)

Four members shall be appointed for four-year terms. Said four-year terms shall be applicable to one of the appointees of the Building Industry Association, one of the appointees of the San Joaquin Farm Bureau Federation, and two of the appointees of the Board of Supervisors.

(f)

Staff. The County shall provide the Agricultural Technical Advisory Committee with staff support.

(a)

Mitigation Required. The County shall require agricultural mitigation for:

(1)

A General Plan Amendment, Master Plan, or Specific Plan that changes the designation of any land from an agricultural to a non-agricultural use; and

(2)

A Zoning Reclassification that changes the permitted uses from agriculture to a non-agricultural use, regardless of the General Plan designation.

(b)

Mix of Uses. Mitigation shall only be required for that portion of the land that no longer will be designated as or zoned for agricultural l uses.

(c)

Types of Mitigation. Agricultural mitigation shall be satisfied by granting a farmland conservation easement or other farmland conservation mechanism as set forth in Subsection (d) of this Section. The number of acres of agricultural mitigation land shall be at least equal to the number of acres that will be changed to a non-agricultural use, meaning a 1:1 ratio.

(d)

Direct Provision of Agricultural Mitigation Land. The direct provision of agricultural mitigation land pursuant to Subsection (c) of this Section shall be as follows:

(1)

The applicant shall pay an administrative fee to cover the costs of administering, monitoring and enforcing the farmland conservation easement or other instrument in an amount determined by the Board of Supervisors.

(2)

The location and characteristics of the agricultural mitigation land shall comply with Section 9-701.060, Mitigation Strategy.

(3)

The Agricultural Technical Advisory Committee, created pursuant to this Chapter, shall review each farmland conservation easement or other preservation instrument for consistency with Section 9-701.070,

Mitigation Strategy.

(4)

The farmland conservation easement or other preservation instrument shall be held by a Qualifying Entity[1 ] . The County shall be a co-holder or backup beneficiary of the legal instrument. If the Qualifying Entity refuses to hold the easement or other preservation instrument, it shall be held by the County.

(5)

If the applicant for a General Plan Amendment, a Specific Plan, or Zoning Reclassification makes application to the Board of Supervisors and demonstrates that the applicant has made a diligent effort to obtain a farmland conservation easement or other preservation instrument and that the applicant has been unable to obtain such easement or other preservation instrument, the Board may grant the applicant the option to either obtain the easement or other instrument, or to pay the in-lieu fee set forth in Subsection (e) of this Section. The applicant shall provide documentation he/she has met with the Qualifying Entity and the San Joaquin Farm Bureau and neither entity has been able to assist with the acquisition of the easement. Facts that the Board may consider in making a decision regarding applicant's request include, but are not limited to, the following:

(A)

Multiple good faith offers to purchase an easement or other preservation instrument, which offers have been declined by the seller or sellers;

(B)

Good faith efforts to purchase an easement or other preservation instrument over an extended period of time where further efforts would make it unreasonable for the applicant to continue such efforts; and

(C)

Good faith efforts to purchase an easement or other preservation instrument, but where the high cost of such purchase makes it unreasonable for the applicant to continue such efforts.

(e)

In-Lieu Fees. The payment of an in-lieu fee is subject to the following provisions:

(1)

The Board of Supervisors shall approve by resolution the amount and other terms of an in-lieu fee. The inlieu fee shall include: 1) the cost of purchasing farmland conservation easements on land of comparable size and agricultural quality, 2) the costs of administering, monitoring, and enforcing the easements, and 3) the costs of legal, appraisal and other tasks, including staff time, to acquire and manage the easements.

(2)

The in-lieu fee shall be updated annually based on an inflator that takes into account the inflation of property values in the County and the time it takes to acquire property for agricultural mitigation. The inflator shall be calculated based on a three-year running average of the most recent available data from the House Price Index (HPI) for the Stockton Metropolitan Statistical Area, as compiled by the Office of Federal Housing Enterprise Oversight.

(3)

Within 60 days after collection by the County, in-lieu fees shall be transferred to a fund administered by the Qualifying Entity.

(4)

The annual report described in Section 9-701.090(b), shall describe the effectiveness of the use of in-lieu fees as provided for under this Chapter.

(f)

Final Approvals. Final approval of any project subject to Subsection (a) of this Section is contingent upon the execution of the legal instrument to provide agricultural mitigation land and payment of the administrative fee, or approval and payment of an in-lieu fee. Submission of the required legal instrument or payment of the in-lieu fee shall occur prior to issuance of a Grading Permit or Building Permit, whichever would occur first.

(g)

CEQA Review. Participation in the Agricultural Mitigation Program shall be considered during the environmental review for projects pursuant to the California Environmental Quality Act.

Footnotes:

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Note— "Qualifying Entity" means a nonprofit public benefit 501(c)(3) corporation or other appropriate legal entity aperating in San Joaquin County for the purpose of conserving and protecting land in agriculture and approved for this purpose by the Board of Supervisors. The County may be designated as a Qualifying Entity. This is noted in Definitions in the 900 Series.

The in-lieu fees shall be administered by the Qualifying Entity in fulfillment of its programmatic responsibilities. These responsibilities cover, without exception, acquiring interests in land and administering, monitoring, and enforcing the farmland conservation easement or other instrument designed to preserve the agricultural values of the land for farmland mitigation purposes.

The location and characteristics of the agricultural mitigation land purchased with in-lieu fees shall comply with the provisions of Section 9-701.060. The in-lieu fees shall not be used for purposes inconsistent with this Section.

(a)

Location. Agricultural mitigation land must be located within the County.

(b)

Allowable Uses. Agricultural mitigation land must be shown on the General Plan as Agriculture and zoned for agricultural uses. Agricultural mitigation land may be in the Delta. The type of agricultural related activity allowed on mitigation land will be specified in an agricultural easement or related legal instrument, as described in Section 9-701.050.

(c)

Soil Quality. The agricultural mitigation land should be of comparable or better soil quality than the agricultural land whose use is being changed to nonagricultural use. Priority shall be given to lands with prime agricultural soils, located in areas of greatest potential development as shown in the General Plan.

(d)

Water Supply. The agricultural mitigation land shall have an adequate water supply to support agricultural uses. This water supply shall be protected in the farmland conservation easement or other document evidencing the agricultural mitigation.

(e)

Previous Encumbrances. Land already effectively encumbered by a conservation easement of any nature is not eligible to qualify as agricultural mitigation land.

(a)

Initiation and Approval. The Agricultural Technical Advisory Committee shall develop and periodically refine a Mitigation Strategy for Preservation of Agricultural Land, with a formal update approved by the Board of Supervisors every five years. The Board of Supervisors shall approve the Mitigation Strategy after receiving it from the to the Planning Commission and the Board of Supervisors and taking public comment at a duly noticed public hearing.

(b)

Purpose and Contents. The purpose of the Mitigation Strategy is to ensure that the acquisition of agricultural mitigation land, from both direct provision and in-lieu fees, achieves maximum benefits to the residents of the County. The Mitigation Strategy may consist of any combination of policies, evaluation criteria, maps, and other useful decision-making tools. It shall be of sufficient specificity to provide adequate guidance on location and other factors to people reviewing the proposed encumbrance of agricultural mitigation land.

(c)

Issues to Be Considered. The Mitigation Strategy shall specifically address the following issues:

(1)

The need to include contiguous parcels and areas large enough to preserve agricultural operations;

(2)

The qualities of high priority farmland and the type of activities allowed on agricultural mitigation lands;

(3)

Coordination with other public and private land conservation programs; and

(4)

Other factors that would result in more effective preservation of agricultural lands.

(d)

Transmittal. The Mitigation Strategy shall be transmitted immediately after approval by the Board of Supervisors to the Qualifying Entity for its use in acquiring and managing interests in agricultural mitigation land.

(a)

Requirements. The legal instrument encumbering agricultural mitigation land shall:

(1)

Be executed by all owners of the agricultural mitigation land;

(2)

Be in form suitable for recordation;

(3)

Contain an accurate legal description setting forth the description of the agricultural mitigation land;

(4)

Prohibit new residential and/or commercial development on agricultural mitigation land that is not directly needed for agricultural production, regardless of existing zoning;

(5)

Protect the existing water rights and retain them with the agricultural mitigation land; and

(6)

Prohibit any activity that substantially impairs or diminishes the agricultural productivity of the land, as determined by the Agricultural Technical Advisory Committee and approved by the Board of Supervisors. However, all activities or land uses currently allowed under the County's AG zoning designation shall be allowed on mitigation land.

(b)

County Interests. The County shall be named a co-holder or backup beneficiary under any instrument conveying the interest in the agricultural mitigation land to a Qualifying Entity.

(c)

Disposition of Land. Interests in agricultural mitigation land shall be held in trust by a Qualifying Entity and/or by the County in perpetuity. Except as provided in Subsection (d) of this Section, the Qualifying Entity or the County shall not sell, lease, or convey any interest in agricultural mitigation land it acquires. The legal instrument encumbering the agricultural mitigation land shall include the provisions of this Subsection.

(d)

Change in Circumstances. If judicial proceedings find that the public purpose described in Section 9- 1080.1 of this Chapter can no longer reasonably be fulfilled as to an interest acquired, the Qualifying Entity's interest in the agricultural mitigation land, as secured by the legal instrument, may be extinguished through sale, and the proceeds shall be used to acquire interests in other agricultural mitigation land in the County, pursuant to the provisions of this Chapter and subject to approval by the Board of Supervisors.

(e)

Cessation of Qualifying Entity. If any Qualifying Entity owning an interest in agricultural mitigation land ceases to exist, the duty to hold, administer, monitor, and enforce the interest shall pass to the co-holder or backup beneficiary of the legal instrument. The County, acting as co-holder or backup beneficiary, may designate another Qualifying Entity to assume the responsibilities to hold, administer, monitor and enforce the interest.

(a)

Monitoring and Enforcing. The Qualifying Entity shall monitor all lands and easements acquired under this Chapter and shall review and monitor the implementation of all management and maintenance plans for these lands and easement areas. It shall also enforce compliance with the terms of the conservation easements or other agricultural mitigation instruments.

(b)

Reporting by Qualifying Entity. Annually, beginning one year after the adoption of this Chapter, the Qualifying Entity shall provide to the Agricultural Technical Advisory Committee an annual report delineating the activities undertaken pursuant to the requirements of this Chapter and an assessment of these

activities. The report shall describe the status of all lands and easements acquired under this Chapter, including a summary of all enforcement actions.

(c)

Reporting by Agricultural Technical Advisory Committee. Annually, the Agricultural Technical Advisory Committee shall review the reports submitted to it by the Qualifying Entity as well as any other relevant material and prepare an Annual Report that provides an independent assessment of the effectiveness of the agricultural mitigation program and its consistency with the approved Mitigation Strategy.

(1)

The Annual Report shall document the funds collected and/or direct provision of mitigation lands pursuant to the provisions of this Chapter for the reporting year.

(2)

The Annual Report shall also document the size and location of the land that is to be converted to a nonagricultural use during the reporting year, which generated the mitigation requirements of this Chapter.

(3)

The Technical Advisory Committee shall forward the Annual Report, along with other relevant material received, to the Board of Supervisors for its review at a duly-noticed public hearing.

Chapter 9-702 - Agricultural Preserves