For purposes of this chapter, the following definitions shall apply:
"Agricultural land" or "farmland"means those land areas of the City and/or unincorporated Yolo County, regardless of current General Plan and zoning designation, that are either currently used for agricultural purposes or that are substantially undeveloped and capable of agricultural production. Land that is determined to be incapable of supporting the production of agricultural commodities that would yield a reasonable economic return is excluded from this definition and does not require agricultural mitigation under this section. Any such determination shall be made by the City Council on a permit (or other) application upon review of evidence at the time of permit (or other) application.
"Agricultural mitigation land"means agricultural land encumbered by a farmland deed restriction, a farmland conservation easement, or such other farmland conservation mechanism acceptable to the City.
"Agricultural use"means use of land for the purpose of producing food, fiber, or livestock for commercial purposes.
"Farmland conservation easement"means the granting of an easement over agricultural land for the purpose of restricting its use to agricultural uses. The interest granted pursuant to a farmland conservation easement is an interest in land that is less than fee simple.
"Prime farmland"means prime farmland shall generally mean farmland that meets the criteria applied by the Farmland Mapping and Monitoring Program of the California Department of Conservation, Division of Land Resource Protection. Farmland shall also be considered prime farmland for purposes of this section if it meets the definition of "prime agricultural land" in Government Code Section
51201. Additionally, land that is not currently in production shall also be considered prime farmland under this section if, in the reasonable judgment of the City Council, it would be considered prime farmland under either of the foregoing definitions if it was in active production.
"Qualifying entity"means a nonprofit public benefit 501C.3. corporation or other entity eligible to hold a conservation easement for mitigation purposes under California law, including, but not limited to, Civil Code Section
815, operating in Yolo County for the purpose of conserving and protecting land in its natural, rural, or agricultural condition. The City will consider the following criteria when considering a proposed agricultural conservation entity for these purposes, and when monitoring the performance of qualifying entities over time:
1. Whether the proposed entity is a non-profit organization or other entity eligible to hold a conservation easement for mitigation purposes under Civil Code Section
815.3 that is either based locally, is Statewide, or is a regional branch of a national non-profit organization whose principal purpose is holding and administering agricultural conservation easements for the purposes of conserving and maintaining lands in agricultural production;
2. Whether the entity has a long-term proven and established record for holding and administering easements for the purposes of conserving and maintaining lands in agricultural production;
3. Whether the entity has a history of holding and administering easements in Yolo County for the foregoing purposes, including annual compliance monitoring;
4. Whether the entity has adopted the Land Trust Alliance's "Standards and Practices" and is operating in compliance with those Standards and Practices; and
5. Any other information that the City finds relevant under the circumstances. A local public agency may be an easement co-holder if that agency was the lead agency during the environmental review process or if otherwise authorized by the Board of Supervisors to co-hold a conservation easement. The City also favors that applicants transfer easement rights directly or indirectly (i.e., through a transaction involving a third party) to the qualifying entity in accordance with that entity's procedures. The City retains the discretion to determine whether the proposed agricultural conservation entity identified by the applicant has met the criteria delineated above.
"Urban development"means development consisting of residential, industrial, commercial, and/or institutional uses.
(Ord. 1642 § 2, 2019)