Tulare City Zoning Code

   This chapter may be cited as the “Farmland Mitigation Ordinance” of the City of Tulare.

(Ord. 2025-04, passed 4-15-2025; Ord. 2025-01, passed 1-7-2025)

   The purpose of this chapter is to set forth the specific criteria and guidelines, consistent with the City of Tulare (Tulare) General Plan policies for the mitigation of agricultural land converted to nonagricultural uses, within the city's urban development boundary (UDB) and outside the city limits. The intent of this chapter is to protect the City of Tulare's agricultural lands from conversion to non- agricultural uses.

(Ord. 2025-04, passed 4-15-2025; Ord. 2025-01, passed 1-7-2025)

   The objectives of this chapter are as follows:

   (A)   Protect agriculture as a crucial component of Tulare's economy and cultural heritage;

   (B)   Protect and preserve agricultural lands from the effects of urban encroachment;

   (C)   Balance the need for agricultural land conservation with other public goals in Tulare, including the need for housing, commercial, industrial, and infrastructure development; and

   (D)   Foster coordination and cooperation by the City of Tulare with the County of Tulare, Local Agency Formation Commission, and neighboring cities, including the City of Visalia, to facilitate an integrated and comprehensive regional approach to agricultural land conservation.

(Ord. 2025-04, passed 4-15-2025; Ord. 2025-01, passed 1-7-2025)

   Except where the context of this chapter otherwise expressly requires, the following definitions shall govern the construction of this chapter. Furthermore, the definition of a word or phrase applies to any of that word's or phrase's variants. For the purpose of this chapter, the following definitions shall apply.

   ADJUSTMENT FOR INFLATION. For costs other than the purchase price of agricultural conservation easements, adjustment for inflation refers to adjustments to reflect increases in the Consumer Price Index applicable to Tulare. For the purchase price of agricultural conservation easements, adjustment for inflation refers to adjustment to reflect increases in the House Price Index applicable to Tulare, as compiled by the Office of Federal Housing Enterprise Oversight.

   ADMINISTRATIVE FEE. That amount paid to a qualified entity as an administrative fee sufficient to satisfy the requirements as set forth in § 10.66.050(C) of this chapter.

   AGRICULTURAL CONSERVATION EASEMENT. A perpetual easement or servitude, comparable to a conservation easement, as provided for in Cal. Civil Code §§ 815 to 816, or an open space easement, provided for in Cal. Gov’t Code §§ 51070 to 51097, limiting the use of the encumbered land to agricultural and accessory uses, which easement or servitude is used to satisfy the mitigation obligation imposed by this chapter.

   AGRICULTURAL DESIGNATION. Land that is within the City of Tulare or within the City of Tulare's Urban Development Boundary and is labeled as Open Space/Agriculture per the latest City of Tulare General Plan Land Use Map, or land within the County of Tulare designated for agricultural use in the latest Tulare County General Plan Land Use Map.

   AGRICULTURAL LAND. Land, residing within the UDB of the City of Tulare, but outside the city's incorporated limits, which is either currently in agricultural use or substantially undeveloped and capable of agricultural use.

   AGRICULTURAL LAND APPRAISAL. The evaluation of rural AGRICULTURAL LAND obtained from a licensed appraiser with substantial experience in AGRICULTURAL LAND APPRAISALS.

   AGRICULTURAL USE. Use of land to produce food, fiber, or livestock for commercial purposes.

   AGRICULTURAL ZONE. Land that is within the City of Tulare and is labeled as Open Space/Agriculture per the latest City of Tulare Zoning Map, or land within the County of Tulare zoned for agricultural use in the latest Tulare County Zoning Map.

   APPLICANT. Any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, or organization seeking approval or authorization from the City of Tulare on an application or permit for property which is outside the Tulare city limits at the time the ordinance codified in this chapter becomes effective.

   CHAPTER. Chapter includes all sections and provision within this Farmland Mitigation Ordinance.

   CITY. The City of Tulare, State of California.

   CITY COUNCIL. The City Council of the City of Tulare.

   CONVERSION. Those conversions of land requiring mitigation as identified in § 10.66.040 of this chapter. To develop land through construction or improvement of land associated with approval of a project such that land may be converted back to agricultural use.

   CONVERTED LAND. The area of land that would be converted as a result of a project approval as set forth in this Ordinance.

   CRITICAL FARMLAND. Land designated "Prime," "Farmland of Statewide Importance," "Unique Farmland," or "Grazing Land" by the California Department of Conservation as shown on their latest Important Farmland Map.

   EASEMENT VALUE. The fair market value of the agricultural conservation easement equal to (1) the fair market value of the mitigation land unencumbered by the easement less (2) the fair market value of the mitigation land as encumbered by the easement, each as determined on or about the date of acquisition by an appraisal report prepared by a licensed appraiser with experience in agricultural land appraisals.

   EASEMENT VALUE OF CITY PROPERTY. The EASEMENT VALUE as defined herein obtained on or about the date of acquisition utilizing an AGRICULTURAL LAND APPRAISAL or an UPDATED CITY APPRAISAL.

   ENDOWMENT COST. An amount sufficient to endow the cost of monitoring, administering and enforcing the agricultural conservation easement in perpetuity.

   FALLOW. Removal of land from agricultural production regardless of whether the fallowing or removal from agricultural production is temporary or long term or fallowed under a voluntary removal program.

   LEGAL PARCEL. A parcel of land lawfully subdivided in accordance with the Subdivision Map Act, whether or not a Certificate of Compliance has been issued for the parcel. The existence of a distinct Assessor's Parcel Number for a parcel does not, by itself, demonstrate that it is a legal parcel.

   LEGISLATIVE BODY. A jurisdiction's decision-making body.

   MITIGATION CREDIT. The difference between the larger area of land proposed for conversion to an agricultural conservation easement and a smaller area required for mitigation as set forth in § 10.66.050 of this chapter.

   MITIGATION LAND. Land encumbered by an agricultural conservation easement or under an alternative mitigation option approved by the Community Development Director or designee pursuant to § 10.66.060 of this chapter to satisfy the mitigation obligation imposed by this chapter.

   QUALIFIED ENTITY. An entity qualified and approved to hold agricultural conservation easements in compliance with § 10.66.080 of this chapter.

   SMALL PROJECT. A development project that is less than twenty acres in size. A small project does not include one phase or portion of a larger project greater than twenty acres that is subject to a master, specific or overall development plan.

   SOUTHERN SAN JOAQUIN VALLEY. That area located in Fresno, Kern, Kings, Madera and Tulare Counties.

   UPDATED CITY APPRAISAL. An update of an AGRICULTURAL LAND APPRAISAL commissioned by the city establishing EASEMENT VALUE which is obtained within five years of the original EASEMENT VALUE APPRAISAL.

(Ord. 2025-04, passed 4-15-2025; Ord. 2025-01, passed 1-7-2025)

   This chapter and the following mitigation obligations shall apply to the conversion to a nonagricultural use of one or more acres of critical farmland, as defined in this chapter, regardless of the General Plan land use designation or zoning applicable to the land.

   (A)   As mitigation for the conversion of critical farmland, the applicant shall arrange for the imposition of an agricultural conservation easement on no less than one acre of mitigation land for each acre of land proposed for conversion. The applicant shall convey, or arrange for the conveyance of, such agricultural conservation easement to a qualified entity. The mitigation land shall be comparable to the land proposed for conversion, as provided in § 10.66.070 of this chapter.

   (B)   For the purposes of calculating the mitigation obligation under § 10.66.050(A), the area requiring mitigation shall be the full area of the legal parcel affected by conversion and not merely any lesser portion of the parcel that may be sought to be developed or converted to another use at the time conversion is proposed.

   (C)   The applicant shall pay to the qualified entity an administrative fee sufficient to compensate for all administrative costs reasonably necessary for the qualified entity to acquire and hold the agricultural conservation easement and implement this chapter, including all of the following:

      (1)   Establishment of an endowment to provide for monitoring, administration, enforcement, and all other services necessary to ensure that the conservation purposes of the agricultural conservation easement are maintained in perpetuity; and

      (2)   The qualified entity's administrative costs in evaluating the mitigation land and reviewing and accepting the agricultural conservation easement.

   (D)   It is the applicant's responsibility to identify, propose for approval mitigation land, and arrange for imposition of an agricultural conservation easement that satisfies the requirements in § 10.66.070 of this chapter.

   (E)   Nothing in this chapter shall be construed to compel an applicant for conversion to convey to the City of Tulare or to a qualified entity an agricultural conservation easement in property owned by the applicant.

   (F)   The mitigation obligation set forth in this chapter shall not apply to a legal parcel that is less than one acre in area. However, this exemption shall not apply to a parcel that is one phase or portion of a larger project. The City of Tulare may disallow the use of this exemption if it finds that the subject property has been subdivided into one-acre or smaller parcels in whole or in part to avoid the mitigation obligation.

   (G)   The following public uses are exempt from the mitigation obligation imposed by this chapter: public parks or public recreational facilities, permanent natural open space, and trails and developed open space that are open to the public.

   (H)   Projects designed solely to preserve, create, or enhance wildlife habitat on agricultural land shall be exempt from the mitigation obligation in this chapter.

   (I)   At its sole option, an applicant may choose to arrange for the imposition of an agricultural conservation easement on a larger area of land than the area of land proposed for conversion and thereby generate a mitigation credit equal to the excess net acreage encumbered with the easement.

   (J)   Any excess area encumbered with the agricultural conservation easement shall fully comply with all requirements of this chapter and shall be comparable to the land proposed for conversion to the same degree as the portion of the land offered to satisfy the mitigation obligation in this chapter, including, but not limited to, the requirements for mitigation land in § 10.66.070 and the review and approval process in § 10.66.090.

   (K)   The administrative fee paid by an applicant choosing to create mitigation credits shall include the acreage covered by the mitigation credits. The applicant may pass that fee through to a later purchaser of the credits.

   (L)   Mitigation credits created under this chapter may be conveyed and used as provided in § 10.66.060.

   (M)   The qualified entity shall maintain a ledger indicating:

      (1)   The amount of mitigation credits created under this section;

      (2)   The holder of those mitigation credits;

      (3)   The administrative fees paid by the creator of the mitigation credits attributable to the mitigation land covered by the mitigation credits; and

      (4)   Any subsequent transactions involving those credits.

   (N)   Exemptions. The following land uses are exempt from the mitigation requirements of this article:

      (1)   The following projects: permanently affordable housing, public schools, community farms and gardens, land conserved in a natural state and habitat for native plants or wildlife, and public trails or parks.

(Ord. 2025-04, passed 4-15-2025; Ord. 2025-01, passed 1-7-2025)

   As an alternative to providing the mitigation required by this chapter, the applicant may choose to seek approval to implement one of the following alternative mitigation options.

   (A)   As authorized by the City of Tulare, an applicant for conversion of critical farmland may satisfy the mitigation obligation set forth in this chapter by paying to a qualified entity a fee in lieu ("in-lieu fee") of conveying an agricultural conservation easement.

   (B)   Payment of an in-lieu fee is available only for conversion of legal parcels that are smaller than 20 acres.

   (C)   Any in-lieu fee shall include each of the following components:

      (1)   The purchase price of an agricultural conservation easement in mitigation land that complies with all of the requirements in § 10.66.070. This component shall be adjusted for inflation based on an estimate of the time required to acquire mitigation land following payment of the fee or the easement value set by the City of Tulare for property owned by the city in which an agricultural conservation easement is granted as defined in § 10.66.040 of this chapter.

      (2)   All transaction costs associated with acquisition of the agricultural conservation easement.

      (3)   An amount equal to the endowment cost of monitoring, administering, and enforcing the agricultural conservation easement in perpetuity as defined in § 10.66.040 of this chapter.

      (4)   The applicant's pro rata share of the qualified entity's administrative costs in implementing the in-lieu fee program.

      (5)   A reasonable amount to cover additional contingencies.

   (D)   In no event shall the in-lieu fee established pursuant to this section exceed a reasonable estimate of the total of:

      (1)   The cost of acquiring and managing the agricultural conservation easement that the applicant would otherwise be required to create to satisfy its mitigation obligation under this chapter; and

      (2)   The cost of administering the in-lieu fee.

   (E)   In-lieu fees received by the qualified entity shall be expended solely for the purpose of acquiring and managing agricultural conservation easements in mitigation land that meets the criteria set forth in § 10.66.070 and funding the qualified entity's cost of implementing the in-lieu fee program.

   (F)   If authorized by the City of Tulare, an applicant for conversion of critical farmland may satisfy the mitigation obligation set forth in this chapter by acquiring mitigation credits created under § 10.66.050(I), (J) and (K), which are permitted to be passed through to another purchaser.

   (G)   The city, in conjunction with a qualified entity, shall make available to any applicant who requests it, the ledger of mitigation credits provided for in § 10.66.050(M). The City of Tulare shall have no further responsibility for facilitating any private transaction involving mitigation credits.

   (H)   Mitigation credits may be used to satisfy the mitigation obligation created by this chapter only after the Community Development Director or designee has made the findings required by § 10.66.070 with respect to the land proposed for conversion and the mitigation land covered by the mitigation credits.

   (I)   An applicant choosing to use mitigation credits to comply with this chapter shall pay the qualified entity administering the credits a fee in the amount equivalent to the inflation adjustment on the administrative fee that the creator of the mitigation credits originally paid pursuant to § 10.66.050(K), if in fact the creator of the mitigation credits passed through the administrative fee for the creation of the credits to a future purchaser of those credits.

   (J)   An applicant proposing conversion of critical farmland may propose an alternative method of mitigation for review and approval by the Community Development Director or designee subject to satisfying all of the following criteria:

      (1)   The proposed mitigation must result in permanent protection of mitigation land;

      (2)   The applicant must bear all costs of reviewing, approving, managing, and enforcing the mitigation;

      (3)   The proposed mitigation must be in substantial compliance with the requirements for mitigation land and agricultural conservation easements set forth in § 10.66.070; and

      (4)   The proposed mitigation must be in all respects at least as protective of agricultural land as the mitigation required by this chapter.

   (K)   The mitigation obligation imposed by this chapter is that set forth in § 10.66.050. Each alternative mitigation option in this section is wholly optional and made available solely for the applicant's convenience. Under no circumstances shall the City of Tulare require any applicant to implement any such alternative mitigation option, if applicant is willing to implement the mitigation obligations imposed in § 10.66.050.

(Ord. 2025-04, passed 4-15-2025; Ord. 2025-01, passed 1-7-2025)

   (A)   Agricultural conservation easements in mitigation land shall be held in perpetuity by a qualified entity as defined in § 10.66.080.

   (B)   Mitigation land shall be comparable in nature to the agricultural land proposed for conversion. A mitigation land is deemed comparable in nature if it complies with the below requirement under § 10.66.070(C).

   (C)   The Community Development Director or designee shall not approve proposed mitigation for conversion of critical farmland unless it finds that the mitigation land complies with each of the following requirements:

      (1)   The mitigation land is located in the Southern San Joaquin Valley as defined herein, outside of any city's limits or sphere of influence, with preference given to mitigation land within ten miles of the City of Tulare limits.

      (2)   The mitigation land is subject to an agricultural designation in the General Plan and zoned for agricultural use. Any legal nonconforming use of the mitigation land has been or will be abandoned prior to execution of the agricultural conservation easement, or if maintained, will not interfere with agricultural use of the mitigation land.

      (3)   The mitigation land consists of one or more legal parcels of at least ten net acres in size, exclusive of the area occupied by any existing home and the area of any road or right-of-way easement, unless the land proposed for conversion is smaller than ten acres.

      (4)   The soil quality of the mitigation land has the agricultural productive capacity at least equal to that of the critical farmland proposed for conversion.

      (5)   The available water supply for the mitigation land is at least equal to that of the land proposed for conversion in terms of quantity, quality, and security.

      (6)   The mitigation land is not already subject to an encumbrance or interest that would legally or practicably prevent converting the land, in whole or in part, to a nonagricultural use, such as a conservation easement, open space easement, flowage easement, avigation easement, long term agricultural lease, profit, or an interest in the subsurface estate that would preclude development of the surface estate. A contract entered pursuant to the Land Conservation Act, Cal. Gov't Code §§ 51200 et seq. (Williamson Act) shall not constitute an encumbrance for purposes of this section. However, this is not to prevent the stacking of an agricultural conservation easement, with other encumbrances, easements, or interests in the property, so long as the multiple encumbrances do not contradict or prevent the effectiveness of each independent encumbrance for which the land is conserved in perpetuity.

      (7)   There are no physical conditions or contamination on the mitigation land that would legally or practicably prevent converting the land, in whole or in part, to a nonagricultural use.

      (8)   The mitigation land has no existing home, unless the land proposed for conversion includes an existing home.

      (9)   The mitigation land is not owned by any public agency.

   (D)   The Community Development Director or designee shall not approve proposed mitigation land unless it finds that the agricultural conservation easement complies with each of the following requirements:

      (1)   The type of agricultural related activity allowed on the mitigation land is specified in the easement and is at least as restrictive as the requirements of the City of Tulare's Open Space/Agriculture (A) Zoning District.

      (2)   The agricultural conservation easement prohibits all residential, commercial, or industrial development and any other land uses or activities that substantially impair or diminish the agricultural productive capacity of the mitigation land or that are otherwise inconsistent with the conservation purposes of this chapter.

      (3)   The agricultural conservation easement prohibits the landowner from entering into any additional easement, servitude, or other encumbrance that could prevent or impair the potential agricultural use of the mitigation land.

      (4)   The agricultural conservation easement limits the construction of structures to those designed to facilitate agricultural use of the property, except that this division shall not prohibit replacement of an existing home allowed by § 10.66.070(C)(10).

      (5)   The easement provides that the mitigation land will retain water rights at least equal to that of the land proposed for conversion in terms of quantity, quality, and security.

      (6)   The agricultural conservation easement will be either obtained from a willing seller, voluntarily conveyed by the applicant, or conveyed by a public entity.

      (7)   Any deed of trust or other servitude or encumbrance on the mitigation land shall be subordinated to the agricultural conservation easement except as set forth in § 10.66.070(C)(6).

      (8)   The agricultural conservation easement shall be approved by the qualified entity that will hold the easement and executed by all parties with an interest in the mitigation land.

      (9)   The agricultural conservation easement is in recordable form and contains an accurate legal description of the mitigation land.

      (10)   The agricultural conservation easement names the qualified entity as an intended beneficiary and authorizes it to enforce all terms of the easement.

      (11)   The agricultural conservation easement recites that it is intended to satisfy the mitigation obligation imposed by this chapter and that it is subject to the requirements set forth in this chapter.

      (12)   If the agricultural conservation easement is an instrument other than a conservation easement created under Cal. Civil Code §§ 815 to 816 or an open space easement created under Cal. Gov't Code §§ 51070 to 51097, both the qualified entity and the City of Tulare have certified that the easement will run with the land and bind successor owners of the mitigation land in perpetuity.

      (13)   The agricultural conservation easement provides that if the qualified entity holding the easement ceases to exist, ownership of the easement shall pass to another qualified entity.

      (14)   The agricultural conservation easement has been approved as to form by the City of Tulare.

   (E)   Division (D) does not prevent inclusion in an agricultural conservation easement of requirements that are more protective of agricultural use than the requirements set forth in that division.

   (F)   Before approving any alternative mitigation option, the Community Development Director or designee shall determine that such option is consistent with the requirements in § 10.66.070(C) and § 10.66.070(D).

   (G)   After the Community Development Director or designee has approved an agricultural conservation easement, the easement shall not be amended without further approval by the City Council, approval as to form by the City Attorney, and compliance with any approval requirements imposed by the Attorney General of the State of California for the amendment.

   (H)   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 mitigation land, if the following requirements are met:

      (1)   Either the action was contested and the judgement was not entered pursuant to stipulation, or the City of Tulare 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 mitigation land in compliance with this chapter.

   (I)   In the event the agricultural conservation easement is conveyed by the City of Tulare on its real property as mitigation land, it shall do so subject to the payment by the applicant of the following components:

      (1)   Unless otherwise authorized by the City Council, the easement value to be paid for by the applicant for the mitigation land shall be as defined above as determined by the city as confirmed pursuant to an agricultural land appraisal or updated city appraisal prepared by a licensed appraiser with substantial experience in agricultural land appraisals;

      (2)   All transaction costs associated with acquisition of the agricultural conservation easement;

      (3)   As determined by the City of Tulare, an amount sufficient to endow the cost of monitoring, administering and enforcing the agricultural conservation easement in perpetuity;

      (4)   As determined by the city, the applicant’s pro rata share of the qualified entities administrative costs in implementing the program; and

      (5)   As determined by the city, a reasonable amount to cover additional contingencies.

   (J)   In no event shall the easement value as defined herein on mitigation land conveyed by the City of Tulare for an agricultural conservation easement be for a value that is less than 20% of the appraised value of the mitigation land unencumbered by said agricultural conservation easement. This minimum amount shall be known as the minimum city easement value.

      (1)   As it determines what is in the best interest of the city, the City Council reserves the power to amend, modify or waive the minimum city easement value for economic development incentive purposes in the City of Tulare.

   (K)   Prior to conveyance by the City of Tulare of an agricultural conservation easement on its real property as mitigation land, the Community Development Director or designee shall approve the various components described in § 10.66.070(I).

(Ord. 2025-04, passed 4-15-2025; Ord. 2025-01, passed 1-7-2025)

   (A)   To be considered a qualified entity, an entity must be a nonprofit public benefit corporation, operating within the State of California, the state or any city, county, city and county, district, or other state or local governmental entity, if otherwise authorized to acquire and hold title to real property and if the conservation easement is voluntarily conveyed, a federally recognized California Native American tribe or a non-federally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission to protect a California Native American prehistoric, archaeological, cultural, spiritual, or ceremonial place, if the conservation easement is voluntarily conveyed, and that is qualified to hold conservation easements under Cal. Civil Code § 815.3 and in compliance with the requirements of Cal. Gov’t Code §§ 65965 et seq., and be approved by the City Council for the purpose of holding and managing agricultural conservation easements.

   (B)   In considering whether to approve an entity as a qualified entity, the Community Development Director or designee shall consider the following criteria:

      (1)   Whether the entity's principal purpose includes holding and administering easements for the purposes of conserving and maintaining lands in agricultural production;

      (2)   Whether the entity has an established record of holding and administering easements for the purposes of conserving and maintaining lands in agricultural production;

      (3)    The extent and duration of the entity's involvement in agricultural land conservation within the San Joaquin Valley, specifically Tulare County;

      (4)   Whether the entity has been accredited by the Land Trust Accreditation Commission;

      (5)   Whether the entity is a member in good standing of an established and widely recognized California statewide association of land trusts; and

      (6)   Any other information or requirements the city finds relevant under given circumstances.

   (C)   No qualified entity shall sell, lease, hypothecate, or encumber any interest in any mitigation land without the prior approval of the Community Development Director or designee.

   (D)   A qualified entity shall use fees provided by an applicant solely for purposes of acquiring, administering, monitoring, and enforcing agricultural conservation easements acquired pursuant to this chapter.

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

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

   (G)   On or before February 15 of each year after a qualified entity is approved by the Community Development Director, the entity shall provide to the City of Tulare Planning Division an annual report for a period of time equal to the previous calendar year describing the activities undertaken by the entity under this chapter. That report shall describe the status of the mitigation land and/or agricultural conservation easements held by the entity, including a summary of all action taken to enforce its agricultural conservation easements, and an accounting of the use of administrative and in-lieu fees remitted to it by applicants.

   (H)   In March of each year at a general meeting of the City of Tulare, and after receipt of all reports from the qualified entities, the Community Development Director or designee shall provide the City Council with an informational report regarding all farmland mitigation activity pursuant to this chapter.

(Ord. 2025-04, passed 4-15-2025; Ord. 2025-01, passed 1-7-2025)

   (A)   All mitigation proposed by an applicant to comply with this chapter, including any alternative mitigation option proposed by the applicant, shall be reviewed by the Planning Commission for consistency with the terms and purposes of this chapter. The Planning Commission shall recommend approval, conditional approval, or disapproval to the City Council. The Planning Commission shall not recommend approval of the proposed mitigation unless it finds that mitigation to be consistent with the requirements for mitigation land and agricultural conservation easements set forth in § 10.66.070.

   (B)   The City Council shall consider the Planning Commission's recommendation and shall either approve, conditionally approve, or disapprove the proposed mitigation.

   (C)   The City of Tulare shall not issue any permit or other approval for any project involving a conversion subject to the mitigation obligation under this chapter unless the City Council has previously approved proposed mitigation in compliance with this chapter. Issuance of any such permit or approval shall be conditioned on the applicant's completion of mitigation in compliance with § 10.66.090(D) and (E).

   (D)   The applicant for conversion must complete all required mitigation prior to the earliest of either:

      (1)   Issuance of any building, grading, or encroachment permit allowing for installation of underground utilities; or

      (2)   Where changes are made that are irreversible and prohibitive of the converted farmland to be returned to agriculturally productive use.

   (E)   Mitigation shall be deemed complete when the approved agricultural conservation easement has been recorded and the applicant has paid the required administrative fee. However, if the applicant elects to seek approval of an alternative mitigation option, mitigation shall be deemed complete when the City of Tulare provides the applicant with a letter indicating that mitigation is complete.

(Ord. 2025-04, passed 4-15-2025; Ord. 2025-01, passed 1-7-2025)

   A Code interpretation by the Community Development Director or designee may be appealed to the City Council. The following procedures shall apply:

   (A)   The applicant or any interested person adversely affected may upon payment of an appeal fee, as may be established by resolution of the Tulare City Council, appeal any interpretation of the Community Development Director or designee 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 days after the interpretation that is subject to the appeal. Such notice shall state specifically where it is claimed that there was an error or abuse of discretion by the Director.

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

   (C)   In holding the hearing on the matter, the City Council may receive any and all information pertinent to the matter. Upon the close of the hearing, the City Council shall vote to either confirm the decision of the Community Development Director or designee, overturn the interpretation or confirm the interpretation with modifications.

   (D)   The City 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 City Council meeting.

   (E)   In the case of a tie vote, the interpretation of the Community Development Director or designee shall stand and shall be considered final as of the date of the Council vote.

(Ord. 2025-04, passed 4-15-2025)

   (A)   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 Council shall apply the chapter to avoid such unconstitutionality or illegality.

   (B)   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.

   (C)   Nothing in this chapter shall be construed to abridge or narrow the City of Tulare's police powers. The City Council retains its full power and discretion 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 Council is tasked with safeguarding.

(Ord. 2025-04, passed 4-15-2025; Ord. 2025-01, passed 1-7-2025)