Planning Commission recommends council adopt revisions to farmland‑mitigation ordinance, expands in‑lieu fee and allows city to hold conservation easements

The Tulare Planning Commission on Jan. 13 voted to recommend that the City Council adopt amendments to Section 10.222 of the Tulare Municipal Code that revise the city’s farmland mitigation program.

Staff said the proposed amendments, prepared in response to direction from council, are intended to clarify the ordinance and add flexibility for applicants seeking entitlements that convert agricultural land within the city’s urban development boundary. Two principal changes presented by staff were: removing the ordinance’s existing in‑lieu fee limit for parcels over 20 acres so larger projects may elect to pay a fee instead of placing a conservation easement, and allowing the city or other government entities to be considered a qualified entity to hold agricultural conservation easements.

Staff described one option the city is exploring to use collected in‑lieu fees to establish a farmland conservation bank on city‑owned land (the staff presentation noted available city‑owned land adjacent to the wastewater treatment plant). Staff and the city manager said the city has received a $500,000 grant from the California Department of Conservation to help study and implement these strategies. As presented, a preliminary in‑lieu fee level from consultant MBS was cited at about $6,900 per acre; staff said the fee could be adjusted by council over time.

Commissioners and members of the public asked questions about the mechanics of letting the city act as a qualified easement holder, the timing for fee collection, whether a cap should replace the prior 20‑acre threshold, and whether the $6,900 per‑acre figure reflects market value. Staff said the program would be implemented at the staff level if council adopts the ordinance, with city staff administering mitigation compliance, fee collection and tracking; city staff said fees would be placed in a dedicated account used for easement acquisition, monitoring and program administration and that the city is considering requests for proposals to identify a land trust or steward to monitor easements.

Staff recommended the commission adopt the resolution recommending city council amend Section 10.222; the Planning Commission approved the recommendation on a roll‑call vote and will forward the item to the City Council (staff noted council is tentatively scheduled to consider the ordinance on Feb. 4). Staff also said a longer strategic study of farmland conservation and mitigation is planned and could run 18–24 months; staff offered to provide periodic updates to the commission during that study period.