Visalia Municipal Code Art. 4 Monitoring and Compliance

A. Requirements. To be considered a qualified entity for purposes of holding agricultural conservation easements in accordance with this chapter, an entity must be a nonprofit public benefit corporation, operating within the state of California, that is qualified to hold conservation easements under California Civil Code section 815.3 and be approved by the City Council for the purpose of holding and managing agricultural conservation easements in accordance with section 18.04.100B.

B. Approval Process. 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;

2. The extent and duration of the entity's involvement in agricultural land conservation within the southern San Joaquin Valley;

3. Whether the entity has been accredited by the Land Trust Accreditation Commission;

4. Whether the entity is a member in good standing of an established and widely recognized national or statewide association of land trusts;

5. Whether the entity's easement template is consistent with the terms of this chapter;

6. Any other information or requirements the City finds relevant under given circumstances.

C. Duties.

1. The qualified entity shall monitor the use of all preserved land subject to agricultural conservation easements held by the entity and enforce compliance with the terms of those agricultural conservation easements.

2. If a qualified entity intends or reasonably expects to cease operations, it shall assign any agricultural conservation easements it holds to another qualified entity.

D. Monitoring and Reporting. The qualified entity shall submit a report to the City on or before February 1 of each year, describing the activities undertaken by the entity under this chapter for the previous calendar year. The report shall describe the status of the agricultural conservation easements for purposes of satisfying the preserved land obligations under this chapter held by the entity, including all costs associated with acquisition of agricultural conservation easements acquired in accordance with this chapter, a summary of all actions taken to enforce its agricultural conservation easements acquired in accordance with this chapter, and an accounting of the amount and use of administrative and in-lieu fees remitted to it by applicants. Confirmation of the accreditation status of the qualified entity shall also be reported. The report shall also include any other applicable reporting requirements as specified by this chapter.

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

A. All preservation methods proposed by an applicant to comply with this chapter shall be reviewed by the Planning and Community Preservation Director for consistency with the terms and purposes of this chapter, except as expressly stated otherwise.

1. The City of Visalia shall not issue any permit directly authorizing or resulting in disturbance to the converted land acreage until the preserved land obligation is satisfied in accordance with this chapter. The preserved land obligation shall be satisfied when:

a. The approved agricultural conservation easement has been recorded; or

b. When the applicant has remitted the approved in-lieu fee to the qualified entity.

B. If a court issues a judgement declaring that the purposes of this chapter and of an agricultural conservation easement can no longer be fulfilled by enforcement of that easement, the qualified entity holding that easement may extinguish the easement by selling it to the fee owner of the preserved land, if the following requirements are met:

1. Either the action was not contested and the judgement was entered pursuant to stipulation, or the City of Visalia was a party to the action and stipulated to the judgement; and

2. The qualified entity shall use the proceeds of sale to acquire an agricultural conservation easement in other preserved land in compliance with this chapter.

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

If any portion of this chapter is held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have enacted this chapter and each section, division, paragraph, sentence, clause, or phrase thereof even if a portion of the chapter were declared unconstitutional.

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

STATUTORY REFERENCES FOR CALIFORNIA CITIES

The statutory references direct the code user to those portions of the state statutes that are applicable to the laws of the municipality. This reference list is up-to-date through July, 2003. As the statutes are revised, these references will be updated by Book Publishing Company.

CROSS-REFERENCE TABLE FOR VISALIA, CALIFORNIA

ORDINANCE LIST AND DISPOSITION TABLE