Chapter 3.70
AGRICULTURAL MITIGATION IN LIEU FEE
Sections:
3.70.010 Purpose and findings.
3.70.030 Agricultural mitigation in lieu fee established.
3.70.040 Payment of in lieu fee.
3.70.010 Purpose and findings.
A. The purpose of this chapter is to establish an in lieu fee option to facilitate agricultural mitigation pursuant to Chapter 16.50 and the Stanislaus County local agency formation commission agricultural preservation policy.
B. The city council finds that there is a reasonable relationship between the collection of fees to use for agricultural mitigation and the types of development projects upon which the fees are imposed. The conversion of agricultural land to urban uses reduces the amount of agricultural land available for continued agricultural use. Over the long term, the loss of agricultural land around the city could be significant. The fees established by this chapter will be specifically imposed on projects that convert agricultural land to residential uses.
C. The city council finds there is a reasonable relationship between the need for the permanent preservation of agricultural land and the type of development projects upon which agricultural mitigation fees may be imposed. In order to protect the important agricultural industry within and around the city it is both necessary and desirable to ensure the permanent preservation of a substantial amount of agricultural land as the city continues to urbanize.
D. The city council further finds and determines that the amount of fee revenues that will be generated will not exceed the total fair share cost for providing agricultural mitigation for the agricultural losses caused by the development. (Ord. 743 (part), 2013).
3.70.020 Definitions.
A. “Agricultural conservation easement” means an easement over agricultural land for the purpose of restricting its use to agriculture. The interest granted pursuant to an agricultural conservation easement is an interest in land which is less than fee simple. Agricultural conservation easements acquired shall be established in perpetuity (or shall be permanently protected from future development via enforceable deed restriction).
B. “Code” means the Patterson Municipal Code.
C. “Farmland deed restriction” means the creation of a 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. (Ord. 743 (part), 2013).
3.70.030 Agricultural mitigation in lieu fee established.
The amount of the city’s agricultural mitigation in lieu fee shall be established and amended from time to time by city council resolution. The amount of the fee shall not exceed the reasonable cost of obtaining the agricultural mitigation measure, including the cost of the agricultural conservation easement or farmland deed restrictions and the city’s administrative costs in obtaining, monitoring, and managing any easement. (Ord. 743 (part), 2013).
3.70.040 Payment of in lieu fee.
City council may approve the payment of this agricultural mitigation fee in lieu of dedication of land for an agricultural conservation easement whenever the obligation to mitigate is triggered pursuant to Chapter 16.50.
Payment of the agricultural mitigation in lieu fee shall be paid in full to the city prior to the issuance of any of the following for the project: grading permit, building permit, or final map approval. (Ord. 743 (part), 2013).
3.70.050 In lieu fee account.
The city shall establish a separate interest-bearing account that is specifically earmarked for agricultural mitigation in lieu fees. Any agricultural mitigation in lieu fee shall be placed in the separate account and used solely for agricultural mitigation purposes. The interest from funds in this account shall also be used for farmland protection purposes. (Ord. 743 (part), 2013).
3.70.060 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid, unconstitutional or void, such a decision shall not affect the validity of the remaining portions and provisions of this chapter. The city council declares that it would have passed this chapter, and each section, subsection, paragraph, sentence, clause and phrase thereof, irrespective of the fact that one or more of such sections, subsections, paragraphs, sentences, clauses or phrases might be declared invalid, unconstitutional or void. (Ord. 743 (part), 2013).