The definition of "Agricultural Mitigation Fee" includes all
development impact fees collected to offset the costs associated with
the loss of agricultural lands in new development as defined in this
chapter.
(Ord. 1304 § 1, 2005)
The agricultural mitigation fee enacted pursuant to this chapter
is to be collected by the city before the issuance of building permits,
or at approval of any discretionary permit if no building permit is
required.
(Ord. 1304 § 1, 2005)
This chapter is adopted under the authority of the Mitigation
Fee Act, Title 7, Division 1, Chapter 5 of the California Government
Code, Sections 66000 et seq.
(Ord. 1304 § 1, 2005)
The following words or phrases, when used in this chapter and
in resolutions adopted pursuant thereto, shall have the following
meanings:
"Agricultural land or farmland"
for the purposes of this chapter means those land areas upon
which agricultural activities, uses, operations or facilities exist
or could exist at the time of adoption of the ordinance codified in
this chapter that contain Class I, II, III or IV soils as defined
by the United States Department of Agriculture Natural Resource Conservation
Service.
"Agricultural mitigation land"
means agricultural land encumbered by a farmland deed restriction,
a farmland conservation easement or such other conservation mechanism
acceptable to the city.
"Agricultural operation"
means normal and customary farming and agricultural activities
which may occur during any twenty-four-hour period of the day. Normal
and customary farming and agricultural activities include, but are
not limited to, the cultivation and tillage of the soil, the productions
irrigation, cultivation, growing, harvesting, and processing of any
agricultural commodity for wholesale or retail markets, including
viticulture, horticulture, the keeping and raising of livestock, fur
bearing animals, fish or poultry, and any commercial agricultural
practices performed as incident to or in conjunction with such activities
including preparation for market, delivery to storage or to market,
or to carriers for transportation to market.
"Farmland conservation easement"
means an easement over agricultural land for the purpose
of restricting its use to agriculture. The interest granted pursuant
to a farmland conservation easement is an interest in land which is
less than fee simple. Farmland conservation easements should be permanent.
However, mitigation funds should be available to fund term easements
at minimum lengths to be determined by a new local land trust subject
to the approval of the city.
"Farmland deed restriction"
means a recorded deed restriction, covenant or condition
which precludes the use of the agricultural land subject to the restriction
for any nonagricultural purposes use, operation or activity. The deed
restriction shall provide that the land subject to the restriction
will permanently remain agricultural land unless specified as a term
easement as mentioned in this section.
"Nexus report"
means the agricultural mitigation fee report, as prepared
in conformity with the Mitigation Fee Act, as may be amended from
time-to-time.
"Qualifying entity"
means a nonprofit public benefit 501(c)3 corporation operating
in San Joaquin County for the purpose of conserving and protecting
land in its natural, rural or agricultural condition. The following
entities currently are qualifying entities: Central Valley Farmland
Trust. Other entities may be approved by the city council from time-to-time.
(Ord. 1304 § 1, 2005)
No fee may be applied to building permits obtained solely for
purposes of reconstruction of any residential, commercial or industrial
structure that is damaged or destroyed as a result of a natural disaster
as declared by the governor.
(Ord. 1304 § 1, 2005)
This chapter and any subsequent amendment to the agricultural
mitigation fee shall be read together. With respect to any agricultural
mitigation fee enacted by resolution under this chapter, any provision
of such fee that is in conflict with this chapter shall be void.
(Ord. 1304 § 1, 2005)
A developer of any project subject to the fee described in this
chapter may apply to the city council for adjustment to that fee,
based upon the absence of any reasonable relationship or nexus between
the impacts of the development and either the amount of the fee charged
or the type of facilities to be financed. The application shall be
made in writing and filed with the city clerk either (1) ten days
prior to the public hearing on the development permit application
for the project, or (2) if no development permit is required, at the
time of the filing of the request for a building permit. The application
shall state in detail the factual basis for the claim for adjustment.
The city council shall consider the application at a public hearing
held within sixty days after the filing of the fee adjustment application.
The decision of the city council shall be final. If an adjustment
is granted, any change in the proposed use of the applicable development
project prior to issuance of a certificate of occupancy shall invalidate
the adjustment of the fee and payment of the fee shall be made prior
to issuance of certificate of occupancy.
(Ord. 1304 § 1, 2005)