Visalia Municipal Code Art. 1 General Provisions

This chapter may be cited as the "Agricultural Land Preservation Program" of the City of Visalia.

(Ord. 2023-02 (part), 2023)

A. The provisions of this chapter are established to implement the goals of the City of Visalia General Plan and address the conversion of prime farmland and farmland of statewide importance through the adoption of an agricultural land preservation program. The intent of the agricultural land preservation program is to establish a process for the required preservation of agricultural land through the acquisition of agricultural conservation easements or the payment of an in-lieu fee for projects subject to the provisions of this chapter.

B. The provisions of this chapter shall only apply to the extent that their application would not violate the constitution or laws of the United States, or of the State of California. The City of Visalia shall apply the chapter to avoid such unconstitutionality or illegality.

C. Nothing in this chapter shall be construed to abridge or narrow the City of Visalia's police powers. The City Council retains its full power and discretion in its ability to deny a proposed conversion on the basis that the proposed conversion is inconsistent with the public health, safety, or welfare because of the loss of agricultural land or otherwise, which the City is tasked with safeguarding.

(Ord. 2023-02 (part), 2023)

The objectives of this chapter are to:

A. Protect agricultural land as a component of the regional economy in the southern San Joaquin Valley, including the City of Visalia.

B. Preserve agricultural lands from the effects of urban encroachment.

C. Balance the need for agricultural land conservation with other public goals for the City of Visalia, including the need for housing, commercial, industrial, and infrastructure development.

(Ord. 2023-02 (part), 2023)

A. Authority to Interpret. Where uncertainty exists regarding the interpretation of any provision of this chapter or its application to a specific site, the Planning and Community Preservation Director (" Director") shall have the authority and responsibility to interpret such terms, provisions, and requirements.

B. Record of Interpretation. Code interpretations shall be made in writing and shall state the facts upon which the Director relied to make the determination. The Planning and Community Preservation Department shall keep a record of interpretations made pursuant to this chapter on file for future reference.

C. Applicability of Interpretation. Code interpretations shall be applied in all future cases, provided that any interpretation may be superseded by a later interpretation when the Director determines that the earlier interpretation was in error or no longer applicable under the current circumstances.

D. Right to Appeal. A code interpretation by the Planning and Community Preservation Director may be appealed to the City Council. The following procedure shall apply.

1. The applicant or any interested person adversely affected may, upon payment of an appeal fee as may be established by resolution of the Council, appeal any interpretation of the Planning and Community Preservation Director by filing a notice thereof in writing with the city clerk, setting forth in detail the interpretation and the grounds upon which the appeal is based within ten (10) days after the interpretation that is the subject of the appeal. Such notice shall state specifically where it is claimed there was an error or abuse of discretion by the Director.

2. Upon the filing of an appeal, the City Council shall set the matter for hearing. Such hearings shall be held within thirty (30) days after the date of filing the appeal.

3. In holding the hearing on the matter, the Council may receive any and all information pertinent to the matter. Upon the close of the hearing, the Council shall vote to either confirm the decision of the Planning and Community Preservation Director, overturn the interpretation, or confirm the interpretation with modifications, and the Council may continue the item to the next meeting if necessary to direct staff to prepare a conforming resolution with findings, which shall be considered by the Council at the next scheduled Council meeting. In the case of a tie vote, the Planning and Community Preservation Director interpretation shall stand, and shall be considered final as of the date of the Council vote.

(Ord. 2024-07 § 2 (part), 2024: Ord. 2023-02 (part), 2023)

For the purpose of this chapter, the following definitions shall apply, except where the context of this chapter otherwise expressly requires. The definition of a word or phrase shall apply to any variants of the word or phrase.

"Affordable housing" means housing with an affordable housing cost, as defined in Health and Safety Code Section 50052.5, or affordable rent, as defined in Health and Safety Code Section 50053, for households whose gross income does not exceed 120 percent of the area median income.

"Agricultural buffers" mean areas of permanent vegetation between agricultural land and urban development.

"Agricultural conservation easement" means a conservation easement executed pursuant to Civil Code section 815, et seq. for purposes of agriculture.

"Agricultural processing uses" means operations that transform, package, sort, or grade livestock or livestock products, agricultural commodities, or plant or plant products into goods that are used for the intermediate or final consumption, including goods for non-food use.

"Conversion" means to develop land through construction or improvement of land associated with approval of a project such that the land may not be converted back to agricultural use.

"Converted land" means the area of land that would be converted as a result of project approval, as calculated in section 18.04.070A.

"Farmland of statewide importance" is a category of farmland defined by the California Department of Conservation for purposes of the Farmland Mapping and Monitoring Program (FMMP).

"In-lieu fee" means payment in-lieu of direct acquisition of an agricultural conservation easement.

"Preserved land" means that land to be encumbered by an agricultural conservation easement, as determined in section 18.04.070A.

"Prime farmland" is a category of farmland defined by the California Department of Conservation for purposes of the Farmland Mapping and Monitoring Program (FMMP).

"Project" means a development project requiring an approval action from the City of Visalia that would authorize the construction or operation of buildings or uses. For purposes of this chapter, project does not include annexation of land, redesignation of a planned land use, or rezone action as these actions alone do not authorize development.

"Public facility" means a facility owned or operated by a public, quasi-public, or private entity used for the production, storage, transmission, collection, or treatment of electricity, wastewater, stormwater, water, and refuse, or for the provision of general hospitals, public cemeteries, public schools or open space, including both public and private parks and trails.

"Qualified entity" means an entity qualified and approved to hold agricultural conservation easements in compliance with section 18.04.100.

"Roadways" means freeways, arterials, collectors, and local roads dedicated for public use.

"Southern San Joaquin Valley" means the portions of Madera, Fresno, Kings, Tulare, and Kern counties located within the San Joaquin Valley Air Pollution Control District boundaries.

"Sphere of influence" means the ultimate service area of an incorporated city, as established by the applicable Local Agency Formation Commission.

"Tier II" means the Tier II Urban Development Boundary as defined in the Visalia General Plan.

"Tier III" means the Tier III Urban Growth Boundary as defined in the Visalia General Plan.

(Ord. 2023-02 (part), 2023)