4.2 AGRICULTURE AND FORESTRY RESOURCES

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1 4.2 AGRICULTURE AND FORESTRY RESOURCES This section describes the existing agricultural resources within the region and evaluates the significance of the changes in agricultural resources that could result from implementation of the 2018 RTP/SCS. In addition, this Program EIR provides mitigation measures for subsequent, site-specific environmental review documents prepared by lead agencies to reduce identified impacts as appropriate and feasible ENVIRONMENTAL SETTING Existing Conditions Agricultural Lands Tulare County is located in California s San Joaquin Valley, one of the richest agricultural areas in the world. The County is home to 1.7 million acres of some of the world s most productive farmland, contributing $6.3 billion a year to the California economy. 1 A number of crops are not grown commercially anywhere else in the nation. Tulare County has the following: 2 Number of farms 4,931 Harvested cropland 609,270 acres Irrigated land 557,361 acres Despite the low precipitation in the area and the County s dependence upon the availability of irrigation water, agriculture remains one of the primary industries in the County, with much of the level and moderately sloping land used for the production of agricultural crops. The foothills and mountain areas are used for livestock grazing. Tulare County is among California s leaders in the production of milk, citrus, and nuts. 3 Urban development pressures and water availability affect agricultural lands throughout the region due to high population and employment growth. Agriculture conversion pressure is greatest at the edge of existing urban development. 1 Tulare County Tulare County Crop and Livestock Report 2016, September US Department of Agriculture, Census of Agriculture, 2012 Census, st06_2_001_001.pdf, May Tulare County Tulare County Crop and Livestock Report Impact Sciences, Inc TCAG RTP/SCS PEIR

2 Agriculture has deep roots in the region s history and future. The 2016 gross value of all agricultural commodities produced in Tulare County was $6,370,121,600. This represented a decrease (8.75 percent) from the 2015 crop value ($6,980,977,800). Tulare County s agricultural areas also provide benefits such as wildlife habitat, flood control, groundwater recharge, and energy production. The California Department of Conservation, Division of Land Resources Protection, maps farmland throughout California under the Farmland Mapping and Monitoring Program (FMMP). The FMMP has divided the County s farmland into two separate maps, north and south. Figure 4.2-1, Tulare County Farmland, illustrates the location of farmlands in and outside Spheres of Influence (SOI). 4 The FMMP has kept records of land use changes every two years since From 1998 to 2016, irrigated farmland has shown a steady decrease with an average annual decrease of 648 acres, but an average increase of 160 acres for non-irrigated farmland. Agricultural land, which includes irrigated farmland, non-irrigated farmland, and grazing land, had an average annual decrease of approximately 605 acres within the same period of time. Table 4.2-1, Tulare County Land Use Summary, shows the changes in agricultural land within the County. The Countywide decline of agricultural lands is also represented in Table 4.2-2, County Summary and Change by Land Use Category. Table compares the County s acreage in agricultural lands, urban and built up land, other land, and water area from 2014 to 2016, and identifies the acreage lost and gained in each land use designation. As the table shows, from 2014 to 2016 there was a net loss of 278 acres of prime farmland, but a net gain of 1,468 and 270 acres of farmland of statewide importance and unique farmland, respectively. 5 During the same period, urban and built-up land had a net total increase of 1,671 acres, farmland of local importance had a net total decrease of 1,052 acres, and grazing land had a net total decrease of 27 acres. 4 For purposes of SB 375, Farmland means farmland that is outside all existing city spheres of influence or city limits as of January 1, 2008, and is one of the following: classified as prime or unique farmland or farmland of statewide importance; farmland classified by a local agency in its general plan that meets or exceeds the standards for prime or unique farmland or farmland of statewide importance 5 California Department of Conservation, Farmland Map and Monitoring Program Accessed: March Impact Sciences, Inc TCAG RTP/SCS PEIR

3 SOURCE: County of Tulare, California Department of Conservation, 2018 FIGURE Tulare County Farmland /18

4 Table Tulare County Land Use Summary Land Use Category Acreage by Category 1998 (3) 2000 (4) (5) Net Acreage Change Prime Farmland 396, , , , , , , , , ,136-29,989-1,666 Farmland of Statewide Importance Average Annual Acreage Change 357, , , , , , , , , ,355-34,866-1,937 Unique Farmland 11,792 11,723 12,746 12,527 12,218 11,919 11,594 11,474 11,421 11, Farmland of Local Importance Important Farmland Subtotal 110, , , , , , , , , ,937 47,895 2, , , , , , , , , , ,119-17, Grazing Land 439, , , , , , , , , , Agricultural Land Subtotal 1,315,135 1,314,651 1,313,494 1,314,550 1,308,097 1,304,286 1,300,034 1,300,060 1,299,134 1,298,053-17, Urban and Built-Up Land 48,500 49,380 52,213 53,927 55,886 57,947 59,944 60,818 62,950 64,620 16, Other Land 217, , , , , , , , , , Water Area 4,629 4,656 4,656 4,656 4,656 4,656 4,656 4,656 4,656 4, Total Area Inventoried 1,585,871 1,585,869 1,585,869 1,585,873 1,585,867 1,585,869 1,585,865 1,585,865 1,585,924 1,585, Source California Department of Conservation, Farmland Mapping and Monitoring Program, Tulare County Land Use Conversion Table Field Report ( Notes: (1) Interim component of the county was upgraded to Important Farmland status upon completion of the Western Tulare soil survey. (2) Figures are generated from the most current version of the GIS data. (3) Category totals for 1998 do not match those in the 'combined data ' worksheet. The combined data worksheet is a mathematical summary of Tulare County data prior to the addition of Western Tulare soil data. This worksheet reflects the final Important Farmland product and the impact of mapping Farmland of Local Importance in the western part of the county. (4) Due to the incorporation of digital soil survey data (SSURGO) in 2000, acreages for farmland, grazing and other land categories may differ from those published in the California Farmland Conversion Report. (5) Conversion of geospatial data to North American Datum 1983 (NAD 83) led to minor changes in total FMMP acreage beginning in Impact Sciences, Inc TCAG RTP/SCS PEIR May 2018

5 Table Tulare County Summary and Change by Land Use Category Land Use Category Total Acreage Inventoried Acres Lost Acreage Changes Acres Total Acreage Net Acreage Gained Changed Changed Prime Farmland 366, ,136 2,243 1,965 4, Farmland of Statewide Importance 320, ,355 3,103 4,572 7,675 1,469 Unique Farmland 11,421 11, Farmland of Local Importance 160, ,937 6,958 4,445 11,403-2,513 Important Farmland Subtotal 859, ,119 12,547 11,495 24,042-1,052 Grazing Land 439, , , Agricultural Land Subtotal 1,299,132 1,298,053 13,086 12,007 25,093-1,079 Urban and Built-up Land 62,949 64, ,732 1,793 1,671 Other Land 219, ,593 1,610 1,018 2, Water Area 4,656 4, Total Area Inventoried 1,585,922 1,585,922 Source: California Department of Conservation, Farmland Map and Monitoring Program Notes: (1) Conversion to Farmland of Local Importance is primarily due to land left idle or land used for dryland grain production for three or more update cycles. (2) Conversion to irrigated farmland is primarily due to the addition of irrigated orchards, mainly nut trees and citrus, and row crops. (3) Conversion from Urban and Built-up Land is primarily the result of a lack of sufficient infrastructure and the use of detailed digital imagery to delineate more distinct urban boundaries. The conversion of irrigated farmland to urban land 6,7 is primarily due to the construction of new solar facilities, homes, schools, and water control or recharge ponds. The largest concentration of conversions occurred in the form of new solar facilities, such as approximately 150 acres converted for the White River Solar Project and a groundwater recharge basin near the town of Alpaugh. In addition, near Visalia, approximately 80 acres was converted for the Ridgeview Middle School, Lennar at Vista, other new homes, and a solar facility. Non-irrigated and other land that was converted to urban land was primarily due to the construction of new solar facilities, homes, schools, parks, and other public facilities. Conversions from irrigated farmland to non-irrigated land uses were due to irrigated farmland having been fallow or used for dry grain production for three or more update cycles, and irrigated farmland that 6 Urban Land includes residential, industrial, recreational, infrastructure and institutional uses. 7 Irrigated Farmland includes most irrigated crops grown in California. When combined with soil data, these farmed areas become the Important Farmland (IFL) categories of Prime Farmland, Farmland of Statewide Importance & Unique Farmland. Because of the nature of the IFL definitions, some irrigated uses, such as irrigated pastures or nurseries, may not be eligible for all three IFL categories. Impact Sciences, Inc TCAG RTP/SCS PEIR

6 were no longer being irrigated and instead being used for cultivation of non-irrigated grain crops like in Hacienda Ranch NE, with approximately 350 acres going out of production. 8,9,10 Williamson Act Lands Tulare County currently contains approximately 1.1 million acres of prime and non-prime agricultural land under Williamson Act preserve status. Table 4.2-3, Number of Williamson Act Acres in Tulare County in 2016, illustrates the type and amount of agricultural land within the County. Table Number of Williamson Act Acres in Tulare County in 2016 Land Conservation Act Acres Prime 565,200 Non-Prime 521,376 Total 1,086,576 Source: Department of Conservation Williamson Act Status Report Forest Lands and Oak Woodlands Forest land is defined in PRC Section 12220(g) is land that can support 10-percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits. Several types of forest land are found in the County, including red fir, pine, and conifer forest land. The majority of the forest lands is located on the eastern portion of the County in the Sierra Nevada Mountains and controlled by federal agencies including the Bureau of Land Management and the U.S. Forest Service. See Section 4.4, Biological Resources, for more discussion of forest lands found in Tulare County. 8 Non-irrigated land uses include grazing areas, land used for dryland crop farming, and formerly irrigated land that has been left idle for three or more update cycles. 9 Other Land includes a variety of miscellaneous uses, such as low-density rural residential development, mining areas, vacant areas, and nonagricultural vegetation. Confined animal agriculture facilities are mapped as Other Land unless incorporated into a county Farmland of Local Importance definition. 10 California Department of Conservation Farmland Mapping and Monitoring Program. Impact Sciences, Inc TCAG RTP/SCS PEIR

7 Various types of Oak Woodlands, including Douglas, Valley, and Pinyon Oak, are found in Tulare County. Douglas, or Blue Oak (Quercus douglasii), are found at average elevations in the County s mountains. Valley Oak woodlands are also found in Tulare County and require deep soils and good moisture. Similar to Douglas Oaks, vernal pools are often associated with the Valley Oak species. Digger Pine (Pinus sabiniana) is dominant in rocky and exposed places in the County along ridges and in canyons, usually with poor or shallow soil. In this habitat, Douglas oak, although common, often grows in a stunted, dwarfed, or even shrubby form. At lower levels, the woodland grows on north slopes and in canyons with the Upper Sonoran grassland on the south slopes. The Douglas oak woodland is rarely extensive. At the middle and higher elevations it alternates with the chaparral, shin oak brush, and even the yellow pine forest. 11 See Section 4.4, Biological Resources, for more discussion of oak woodlands found in Tulare County REGULATORY FRAMEWORK Federal National Environmental Policy Act The National Environmental Policy Act (NEPA) is implemented by regulations included in the Code of Federal Regulations (40 CFR 1500, et seq.), which require careful consideration of the harmful effects of federal actions or plans, including projects that receive federal funds, if they may have a significant adverse effect on the environment. NEPA mandates that all federal agencies carry out their regulations, policies, and programs in accordance with NEPA s policies of environmental protection. NEPA encourages the protection of all aspects of the environment and requires federal agencies to utilize a systematic, interdisciplinary approach to agency decision-making that will ensure the integrated use of natural sciences such as geology. While NEPA compliance is not required for the 2018 RTP/SCS, NEPA compliance will be required for transportation improvement projects that will be financed using federal funds. Some development projects (such as low-income housing) also use federal funds and are subject to NEPA. Farmland Protection Policy Act The Farmland Protection Policy Act (FPPA) of 1981 (7 USC 4201, et seq.) is administered by the NRCS. The NRCS maps soils and farmland to provide comprehensive information necessary for understanding, 11 Sawyer, J. O., T. Keeler-Wolf, and J.M. Evens A Manual of California Vegetation, Second Edition. California Native Plant Society, Sacramento, California. Impact Sciences, Inc TCAG RTP/SCS PEIR

8 managing, conserving, and sustaining the nation s limited soil resources. The NRCS determines impacts to farmland that could occur due to a proposed project. The determination is made through coordination between the federal agency proposing or supporting the project and the NRCS. The NRCS makes a determination, using set thresholds, as to whether additional project-specific mitigation is required. The FPPA is intended to minimize the impact federal programs have on the unnecessary and irreversible conversion of farmland to non-agricultural uses. It assures that to the extent possible federal programs are administered to be compatible with state, local units of government, and private programs and policies to protect farmland. Federal agencies are required to develop and review their policies and procedures to implement the FPPA every two years. For the purpose of FPPA, farmland includes prime farmland, unique farmland, and farmland of statewide or local importance. Farmland subject to FPPA requirements does not have to be currently used for cropland. It can be forest land, pastureland, cropland, or other land, but not water or urban built-up land. Federal Farm and Ranchland Protection Program The Federal Farm and Ranchland Protection Program (FRPP) is a voluntary easement purchase program that helps farmers and ranchers keep their land in agriculture. Pursuant to sections 1539 to 1549 of the Farmland Protection Policy Act (FPPA) of 1981, the Secretary of Agriculture is directed to establish and carry out a program to minimize the extent to which federal programs contribute to the unnecessary and irreversible conversion of farmland to nonagricultural uses, and to the extent practicable, will be compatible with state, unit of local government, and private programs and policies to protect farmland. (7 USC & 7 USC 658). The program provides matching funds to state, tribal, or local governments and nongovernmental organizations with existing farmland protection programs to purchase conservation easements or other interests in land. The FRPP was re-authorized in the Farm Security and Rural Investment Act of 2002 (Farm Bill). The NRCS manages the program. Technical Committee, awards funds to qualified entities to conduct their farmland protection programs. Although a minimum of 30 years is required for conservation easements, priority is given to applications with perpetual easements. Federal Forest Legacy Program The purpose of the Forest Legacy Program (FLP) (16 USC 2103c) is to protect environmentallyimportant forestland under private ownership from conversion to non-forest uses, such as residential or commercial development. The FLP promotes the use of voluntary conservation easements on these properties. Landowners who wish to participate may sell or transfer particular rights, such as the right to develop the property or to allow public access, while retaining ownership of the property and the right to Impact Sciences, Inc TCAG RTP/SCS PEIR

9 use it in any way consistent with the terms of the easement. The agency or organization holding the easement is responsible for managing the rights it acquires and for monitoring compliance by the landowner. Forest management activities, including timber harvesting, hunting, fishing, and hiking are encouraged, provided they are consistent with the program s purpose State California Department of Conservation In 1982, the State of California created the Farmland Mapping and Monitoring Program within the California Department of Conservation to carry on the mapping activity from the NRCS on a continuing basis. The California Department of Conservation administers the California Land Conservation Act of 1965, also known as the Williamson Act, for the conservation of farmland and other resource-oriented laws. Farmland Mapping and Monitoring Program In 1982, the State of California created the Farmland Mapping and Monitoring Program (FMMP) within the Department of Conservation to carry on the mapping activity from the NRCS on a continuing basis. The FMMP is a non-regulatory program that provides consistent and impartial analysis of agricultural land use and land use changes throughout California for use by decision-makers in assessing present status, reviewing trends, and planning for the future of California s agricultural land resources. The FMMP produces Important Farmland Maps, which are a hybrid of resource quality (soils) and land use information. Information from the FMMP was used to identify agricultural resources within Tulare County. The FMMP is the primary system by which the extent, distribution, and quality of farmland is evaluated and monitored. Maps of Important Farmland are prepared periodically (approximately every two years) by the FMMP for most of the state s agricultural regions, based on soil survey information and land inventory and monitoring criteria developed by the NRCS. The classification system employed by FMMP consists of eight mapping categories: five categories of agricultural lands and three categories of nonagricultural lands. The characteristics of these eight categories are summarized below. As discussed above, the data provided by FMMP (maps and tables) include farmland in and outside the SOI. Prime Farmland: Prime farmlands are lands with the combination of physical and chemical features best able to sustain long-term production of agricultural crops. The land must be supported by a developed water supply that is dependable and of adequate quality during the growing season. It must also have been used for the production of irrigated crops at some time during the four years before the mapping data were collected. Farmland of Statewide Importance: Farmland of statewide importance are lands with agricultural land use characteristics, irrigation water supplies, and physical characteristics similar to prime Impact Sciences, Inc TCAG RTP/SCS PEIR

10 farmland but with minor shortcomings, such as steeper slopes or less ability to hold and store moisture. Unique Farmland: Unique farmlands are lands with lesser quality soils used for the production of California s leading agricultural cash crops. These lands are usually irrigated but may include nonirrigated orchards or vineyards as found in some of the state s climatic zones. Farmland of Local Importance: Farmlands of local importance are important to the local agricultural economy, as determined by each county s board of supervisors and a local advisory committee. Grazing Land: Grazing lands are lands on which the existing vegetation is suited to the grazing of livestock. Urban and Built-up Land: This category describes land occupied by structures with a building density of at least one unit to 1.5 acres, or approximately six structures to a 10-acre parcel. This land is used for residential, industrial, commercial, construction, institutional, public administration, railroad and other transportation yards, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, water control structures, and other developed purposes. Other Land: This category encompasses land not included in any other mapping category. Common examples include low-density rural developments; brush, timber, wetland, and riparian areas not suitable for livestock grazing; vacant and nonagricultural land surrounded on all sides by urban development; confined livestock, poultry, or aquaculture facilities; strip mines; borrow pits; and water bodies smaller than 40 acres. Water: This category describes perennial bodies of water with an extent of at least 40 acres. Figure depicts the areas devoted to prime farmland, unique farmland, farmland of statewide importance, and farmland of local importance. 12 Most of the land is located in the western portion of Tulare County. An acreage summary by FMMP mapping category for County land is presented in Tables and The California Land Conservation Act (Williamson Act) The California Land Conservation Act (Williamson Act) of 1965 (Gov. Code, ) was enacted by the California State Legislature in 1965 to encourage the preservation of agricultural lands. The Williamson Act program permits property tax adjustments for landowners who contract with a city or county to keep their land in agricultural production or approved open space uses for at least 10 years. Lands covered by Williamson Act contracts are assessed on the basis of their agricultural value instead of their potential market value under nonagricultural uses. In return for the preferential tax rate, the landowner is required to contractually agree to not develop the land for a period of at least 10 years. 12 DOC Farmland Mapping and Monitoring Program. Impact Sciences, Inc TCAG RTP/SCS PEIR

11 Williamson Act contracts are renewed annually for 10 years unless a party to the contract files for nonrenewal. The filing of a non-renewal application by a landowner ends the automatic annual extension of a contract and starts a nine-year phase-out of the contract. During the phase-out period, the land remains restricted to agricultural and open-space uses, but property taxes gradually return to levels associated with the market value of the land. At the end of the nine-year non-renewal process, the contract expires and the owner s uses of the land are restricted only by applicable local zoning. The Williamson Act defines compatible use of contracted lands as any use determined by the county or city administering the preserve to be compatible with the agricultural, recreational, or open-space use of land within the preserve and subject to contract (Gov. Code, 51202[e]). However, uses deemed compatible by a county or city government must be consistent with the principles of compatibility set forth in California Code section 51231, 51238, or Table shows the amount of agricultural lands under Williamson Act contract in Tulare County. As reported in 2016, Tulare County contained a total of 1,086,576 acres of land contracted under the Williamson Act in Of those acres, 565,200 acres were prime farmland and 521,376 acres were nonprime. Though states no longer receive a subsidy associated with Williamson Act lands, the program remains an important part of farmland conservation strategies within the region. With that said, a landowner may initiate cancellation or non-renewal of a Williamson Act contract at any point. As of 2015, 17,131 acres were in non-renewal. 13 California Forest Legacy Similar to the Federal Forest Legacy Program, the California Forest Legacy Act of 2007 (Pub. Resources Code, 12220(G)) is a program of the California Department of Forestry and Fire Protection (CAL FIRE) to promote conservation easements in environmentally sensitive forest areas. Money to fund the Program is obtained from gifts, donations, federal grants and loans, other appropriate funding sources, and from the sale of bonds pursuant to Proposition 12, the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act (The Villaraigosa-Kelley Act) of 2000 (Pub. Resources Code, div. 5, Ch ). Forest land is defined in PRC Section 12220(g) as land that can support 10-percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or 13 California Department of Conservation. The California Land Conservation Act of Status Report. December 2016 Impact Sciences, Inc TCAG RTP/SCS PEIR

12 more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits. The Right to Farm Act of 1981 The Right to Farm Act of 1981 (Civ. Code, ) is designed to protect commercial agricultural operations from nuisance complaints that may arise when an agricultural operation is conducting business in a manner consistent with proper and accepted customs. The code specifies that established operations that have been in business for three or more years that were not nuisances at the time they began shall not be considered a nuisance as a result of new land use. California Farmland Conservancy Program Act The California Farmland Conservancy Program Act of 2010 (Pub. Resources Code, et seq.), also known as Sen. Bill No (Stats. 2010, ch. 323) (SB 1142), established the California Farmland Conservancy Program (CFCP), which provides grants for agricultural conservation easements. An agricultural conservation easement aims to maintain agricultural land in active production by removing the development pressures from the land. Such an easement prohibits practices that would damage or interfere with the agricultural use of the land. Because the easement is a restriction on the deed of the property, the easement remains in effect even when the land changes ownership. Agricultural conservation easements are created specifically to support agriculture and prevent development on the subject parcels. While other benefits may accrue because the land is not developed (scenic and habitat values, for example), the primary use of the land is agricultural. Easements funded by the CFCP must be of a size and nature suitable for viable commercial agriculture. Open Space Subvention Act The Open Space Subvention Act (OSSA) of 1972 (Gov. Code, et seq.) was enacted on January 1, 1972, to provide for the partial replacement of local property tax revenue foregone as a result of participation in the Williamson Act and other enforceable open space restriction programs. Participating local governments receive annual payment on the basis of the quantity (number of acres), quality (soil type and agricultural productivity), and, for Farmland Security Zone contracts, location (proximity to a city) of land enrolled under eligible, enforceable open space restrictions. There have been no subvention payments since Fiscal Year Impact Sciences, Inc TCAG RTP/SCS PEIR

13 The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 The Cortese-Knox-Hertzberg Local Government Reorganization Act (Cortese-Knox-Hertzberg Act) of 2000 (Gov. Code, et seq.), as amended, established procedures for local government changes of organization, including city incorporations, annexations to a city or special district, and city and special district consolidations. In enacting this law, the Legislature recognized that determination of local agency boundaries is an important factor in promoting orderly development and in balancing that development with sometimes competing state interests of discouraging urban sprawl, preserving open-space and prime agricultural lands, and efficiently extending government services. Additional information about the Tulare County Local Agency Formation Commission is included in section Timberland Production Zones Under the Z berg-warren-keene-collier Forest Taxation Reform Act of 1976 (Gov. Code, ), counties must provide for the zoning of land used for growing and harvesting timber as Timberland Preserve Zones (TPZ). A TPZ is a 10-year restriction on the use of timberland, similar to the Williamson Act for agricultural lands. Land use under a TPZ is restricted to growing and harvesting timber or to compatible uses. In return, taxation of timberland under a TPZ will be based only on such restrictions in use. California Timberland Productivity Act of 1982 The California Timberland Productivity Act (CTPA) of 1982 (Gov. Code, ) describes the powers and duties of local government in protecting timberlands. The law is designed to maintain an optimum amount of timberland, ensuring its current and continued availability by establishing Timberland Preserve Zones (TPZ) on all qualifying timberland, which restrict land use to growing and harvesting timber and other compatible uses. The Act discourages premature or unnecessary conversion of timberland to urban or other uses and expansion of urban services into timberland, and encourages investment in timberlands based on reasonable expectation of harvest. The CTPA also provides that timber operations conducted in accordance with California forest practice rules shall not be restricted or prohibited due to land uses in or around the location of the timber operations California Department of Forestry and Fire Protection CALFIRE reviews and approves plans for timber harvesting on private lands. In addition, through its responsibility for fighting wildland fires, the CDF plays a role in planning development in forested areas. Impact Sciences, Inc TCAG RTP/SCS PEIR

14 California Department of Parks and Recreation The California Department of Parks and Recreation (CDPR) manages and provides sites for a variety of recreational and outdoor activities. The CDPR is a trustee agency that owns and operates all state parks and participates in land use planning that affects state parkland Local General Plans The most comprehensive land use planning for the Tulare region is provided by local general plans, which local governments are required to prepare as a guide for future development. The general plan contains goals and policies concerning topics that are mandated by state law or which the jurisdiction has chosen to include, such as land use, conservation and open space, natural resources, parks and recreation, and agricultural elements. The most relevant policies from the Tulare County General Plan regarding agricultural and forestry resources are summarized below. Tulare County General Plan 14 Goals: AG-1: To promote the long-term preservation of productive and potentially-productive agricultural lands and to accommodate agricultural-support services and agriculturally-related activities that supports the viability of agriculture and further the County s economic development goals. Policies: AG-1.1 Primary Land Use: The County shall maintain agriculture as the primary land use in the valley region of the County, not only in recognition of the economic importance of agriculture, but also in terms of agriculture s real contribution to the conservation of open space and natural resources. AG-1.2 Coordination: The County shall coordinate its agricultural policies and programs with State and federal regulations to preserve agricultural lands. AG-1.3 Williamson Act: The County should promote the use of the California Land Conservation Act (Williamson Act) on all agricultural lands throughout the County located outside established UDBs and HDBs. However, this policy carries with it a caveat that support for the Williamson Act as a tax reduction component is premised on continued funding of the State subvention program that offsets the loss of property taxes. 14 Tulare County Tulare County General Plan 2030 Update, Chapter 3 Agriculture. Impact Sciences, Inc TCAG RTP/SCS PEIR

15 AG-1.4 Williamson Act in UDBs and HDBs: The County shall support non-renewal or cancellation processes that meet State law for lands within UDBs and HDBs AG-1.5 Substandard Williamson Act Parcels: The County may work to remove parcels that are less than 10 acres in Prime Farmland and less than 40 acres in Non-Prime Farmland from Williamson Act Contracts (Williamson Act key term for Prime/Non-Prime). AG-1.6 Conservation Easements: The County shall consider development of an Agricultural Conservation Easement Program (ACEP) to help protect and preserve agricultural lands. In response, the County adopted an Agricultural Conservation Easement Program (ACEP) on May 3, 2016 to help protect and preserve agricultural lands (including Important Farmlands ). AG-1.7 Preservation of Agricultural Lands: The County shall promote the preservation of its agricultural economic base and open space resources through the implementation of resource management programs such as the Williamson Act, Rural Valley Lands Plan, Foothill Growth Management Plan or similar types of strategies and the identification of growth boundaries for all urban areas located in the County. AG-1.8 Agriculture within Urban Boundaries: The County shall not approve applications for preserves or regular Williamson Act contracts on lands located within a UDB and/or HDB unless it is demonstrated that the restriction of such land will not detrimentally affect the growth of the community involved for the succeeding 10 years, that the property in question has special public values for open space, conservation, other comparable uses, or that the contract is consistent with the publicly desirable future use and control of the land in question. If proposed within a UDB of an incorporated city, the County shall give written notice to the affected city pursuant to California Code AG-1.9 Agricultural Preserves Outside Urban Boundaries: The County shall grant approval of individual applications for agricultural preserves located outside a UDB provided that the property involved meets the requirements of the Williamson Act and the regulations of Tulare County. AG-1.10 Extension of Infrastructure into Agricultural Areas: The County shall oppose extension of urban services, such as sewer lines, water lines, or other urban infrastructure, into areas designated for agriculture use unless necessary to resolve a public health situation. Where necessary to address a public health issue, services should be located in public rights-of-way in order to prevent interference with agricultural operations and to provide ease of access for operation and maintenance. Service capacity and length of lines should be designed to prevent the conversion of agricultural lands into urban/suburban uses. 15 Urban Area Boundary (UAB) is a County line establishing the area of expected urban growth in communities over a 20-year period. The boundaries allow or the coordination of plans and policies between the County and cities relating to construction, public utilities, and other development considerations. 16 Hamlet Development Boundary (HDB) is a County line around a hamlet, encompassing an area of land that is suitable for development. Outside of an HDB are lands to be protected for natural, agricultural, or rural uses. Impact Sciences, Inc TCAG RTP/SCS PEIR

16 AG-1.11 Agricultural Buffers: The County shall examine the feasibility of employing agricultural buffers between agricultural and non-agricultural uses, and along the edges of UDBs and HDBs. Considering factors include the type of operation and chemicals used for spraying, building orientation, planting of trees for screening, location of existing and future rights-of-way (roads, railroads, canals, power lines, etc.), and unique site conditions. AG-1.12 Ranchettes: The County shall discourage the creation of ranchettes in areas designated Valley Agriculture and Foothill Agriculture. AG-1.13 Agricultural Related Uses: The County shall allow agriculturally-related uses, including valueadded processing facilities by discretionary approvals in areas designated Valley or Foothill Agriculture, subject to the following criteria: 1. The use shall provide a needed service to the surrounding agricultural area which cannot be provided more efficiently within urban areas or which requires location in a nonurban area because of unusual site requirements or operational characteristics; 2. The use shall not be sited on productive agricultural lands if less productive land is available in the vicinity; 3. The operational or physical characteristics of the use shall not have a significant adverse impact on water resources or the use or management of surrounding agricultural properties within at least one-quarter (1/4) mile radius; 4. A probable workforce should be located nearby or be readily available; and 5. For proposed value-added agricultural processing facilities, the evaluation under criterion 1 above shall consider the service requirements of the use and the capability and capacity of cities and unincorporated communities to provide the required services. AG-1.14 Right-to-Farm Noticing: The County shall condition discretionary permits for special uses and residential development within or adjacent to agricultural areas upon the recording of a Right-to-Farm Notice (Ordinance Code of Tulare County, Part VII, Chapter 29, Section and following) which is an acknowledgment that residents in the area should be prepared to accept the inconveniences and discomfort associated with normal farming activities and that an established agricultural operation shall not be considered a nuisance due to changes in the surrounding area. AG-1.15 Soil Productivity: The County shall encourage landowners to participate in voluntary programs that reduce soil erosion and increase soil productivity. To this end, the County shall promote coordination between the Natural Resources Conservation Service, Resource Conservation Districts, University of California (UC) Cooperative Extension, and other similar agencies and organizations. Impact Sciences, Inc TCAG RTP/SCS PEIR

17 AG-1.16 Schools in Agricultural Zones: The County shall discourage the location of new schools in areas designated for agriculture, unless the School District agrees to the construction and maintenance of all necessary infrastructure impacted by the project. AG-1.17 Agricultural Water Resources: The County shall seek to protect and enhance surface water and groundwater resources critical to agriculture. AG-1.18 Farmland Trust and Funding Sources: The in-lieu fees collected by the County may be transferred to the Central Valley Farmland Trust or other qualifying entity, which will arrange the purchase of conservation easements. The County shall encourage the Trust or other qualifying entity to pursue a variety of funding sources (grants, donations, taxes, or other funds) to fund implementation of the ACEP. AG-2: To support increased viability of agriculture production and promote high-value, employmentintensive, and diverse agricultural production and processing in Tulare County. Policies AG-2.1 Diversified Agriculture: The County shall support and encourage trends in agricultural production that shift suitable land into a variety of crops that can support a more diverse agricultural sector. AG-2.2 Market Research: The County shall encourage agricultural agencies and marketing cooperatives to research global and domestic markets for high-value crops capable of being produced in Tulare County. AG-2.3 Technical Assistance: The County shall support efforts of the UC Cooperative Extension, the Agricultural Commissioner/Sealer, and other entities to provide technical assistance to farmers attempting to shift to higher-value crops. AG-2.4 Crop Care Education: The County shall encourage regional workforce training programs in crop care and other related agricultural support fields. AG-2.5 High-Value-Added Food Processing: The County shall support accelerated development of highvalue-added food processing industries. AG-2.6 Biotechnology and Biofuels: The County shall encourage the location of industrial and research oriented businesses specializing in biotechnologies and biofuels that can enhance agricultural productivity, enhance food processing activities in the County, provide for new agriculturally-related products and markets, or otherwise enhance the agricultural sector in the County. AG-2.7 Tourist-Related Agricultural Uses: The County shall support the expansion of agricultural tourism that helps maintain sites in agricultural production, provided these activities do not negatively impact on-going agricultural operations on adjacent lands. Impact Sciences, Inc TCAG RTP/SCS PEIR

18 AG-2.8 Agricultural Education Programs: The County shall support and participate in on-going public education programs conducted by organizations such as the County Agricultural Commissioner/Sealer s Office, College of the Sequoias, UC Cooperative Extension, Farm Bureau, and industry organizations to help the public better understand the importance of the agricultural industry. AG-2.9 Global Marketing: The County shall support and participate in appropriate efforts to market Tulare County as a premier location for the production of globally-distributed food, fiber, and energy products. AG-2.10 Regional Transportation: The County shall work to improve regional transportation systems to support the movement of agricultural products locally, nationally, and globally. AG-2.11 Energy Production: The County shall encourage and support the development of new agricultural related industries featuring alternative energy, utilization of agricultural waste and solar or wind farms. ERM 1.9 Coordination of Management on Adjacent Lands: The County shall work with other government land management agencies (such as the Bureau of Land Management, US Forest Service, National Park Service) to preserve and protect biological resources, including those within and adjacent to designated critical habitat, reserves, preserves, and other protected lands, while maintaining the ability to utilize and enjoy the natural resources in the County. ERM 1.10 Appropriate Access for Recreation: The County shall encourage appropriate access to resource-managed lands. ERM 1.11 Hunting and Fishing: The County shall provide opportunities for hunting and fishing activities within the County pursuant to appropriate regulations of the California Fish & Game Code. ERM 1.12 Management of Oak Woodland Communities: The County shall support the conservation and management of oak woodland communities and their habitats. ERM 5.15 Open Space Preservation: The County shall preserve natural open space resources through the concentration of development in existing communities, use of cluster development techniques, maintaining large lot sizes in agricultural areas, discouraging conversion of lands currently used for agricultural production, limiting development in areas constrained by natural hazards, and encouraging agricultural and ranching interests to maintain natural habitat in open space areas where the terrain or soil is not conducive to agricultural production. ERM 5.19 Interagency Cooperation: The County shall cooperate with Federal land management agencies to develop and promote the establishment of Three Rivers and Springville as gateway communities. ERM 5.20 Allowable Uses on Timber Production Lands: The County shall allow uses (not related to forest production) on lands designated Resource Conservation in forestry production areas, provided it is demonstrated that: Impact Sciences, Inc TCAG RTP/SCS PEIR

19 1. they are compatible with forestry uses; 2. will not interfere with forest practices; 3. consider forest site productivity and minimize the loss of productive forest lands; 4. will meet standards relating to the availability of fire protection, water supply, and waste disposal; and 5. will not degrade the watershed and/or water quality due to increased erosion. City of Visalia General Plan 17 Objectives: OSC-O-2 Work with the County and other organizations to protect prime farmland and farmland of Statewide importance outside the City s Urban Development Boundary for agricultural production, and to preserve areas for groundwater recharge. OSC-O-9 Protect agricultural land from premature urban development. Policies: OSC-P-1 Conduct an annual review of cancelled Williamson Act contracts and development proposals on agricultural land within the Planning Area Boundary to foresee opportunities for acquisition, dedication, easements or other techniques to preserve agricultural open space or for groundwater recharge. OSC-P-24 To allow efficient cultivation, pest control and harvesting methods, require buffers and transition areas between urban development and adjoining or nearby agricultural land. OSC-P-28 Protect significant stands of Valley Oak woodlands from further development by designating them for Conservation, creating habitat management plans, where needed, and undertaking restoration activities as appropriate. OSC-P-38 Revise the City s Valley Oak Ordinance to include cottonwood groves and other mature native trees, and update the map of landmark trees and distinctive biotic areas. 17 City of Visalia. Chapter 4 Open Space and Conservation, Visalia General Plan Update. October Impact Sciences, Inc TCAG RTP/SCS PEIR

20 Tulare County Right-to-Farm Ordinance Right-to-farm ordinances have been adopted by several California counties to protect farmers in established farming areas from legal action that new residents in nearby urban settings may take against nuisances such as odor, noise, and dust associated with normal day-to-day farming activities. Tulare County has adopted a right-to-farm ordinance that states that residents moving into areas where there are existing agricultural activities should be prepared to experience discomfort or inconveniences associated with normal farming activities and that an established agricultural operation shall not be considered a nuisance due to changes in the surrounding area. The right-to-farm ordinance (Ordinance Code section et seq.) was adopted to promote a good neighbor policy between agriculturalists and other residents by making clear what rights each has when they live near one another. Area, Community and Specific Plans A city or county may also provide land use planning by developing community or specific plans for smaller, more specific areas within their jurisdiction. These more localized plans provide for focused guidance for developing a specific area, with the development standards tailored to the area, as well as systematic implementation of the general plan. Zoning City or county zoning codes provide detailed requirements that implement general plan policies at the level of the individual parcel. Zoning codes identify standards for different uses and specify which uses are allowed in the various zoning districts of a given jurisdiction. Since 1971, state law has required city and county zoning codes to be consistent with the applicable general plan, except in charter cities. Land Conservation Trust A land trust is a nonprofit organization that, as all or part of its mission, actively works to conserve land by undertaking or assisting in land or conservation easement acquisition, or by its stewardship of such land or easements. A land conservation trust is another type of organization devoted to protecting open space, agricultural lands, wildlife habitats, and natural resource lands. There are approximately 80 established trusts in California. Local and regional land trusts, organized as charitable organizations under federal tax laws, are directly involved in conserving land for its natural, recreational, scenic, historical, and productive values. Local governments and special districts, either on their own or working with land trusts and conservancies, can acquire fee title to agricultural and open space lands or purchase development rights to preserve rural and agricultural areas, watersheds, or critical habitat, or to create public parks and recreational areas. Impact Sciences, Inc TCAG RTP/SCS PEIR

21 Local Agency Formation Commission The Tulare County Local Agency Formation Commission (LAFCO) is responsible for coordinating logical and timely changes in local governmental boundaries, conducting special studies which review ways to reorganize, simplify, and streamline governmental structure and preparing Spheres of Influence for each city and special district within the county. The Commission's efforts are directed to seeing that services are provided efficiently and economically while agricultural and open-space lands are protected. While LAFCO has no direct land use authority, its actions determine which local government will be responsible for planning new areas. LAFCO addresses a wide range of boundary actions, including creation of spheres of influence for cities, adjustments to boundaries of special districts, annexations, incorporations, detachments of areas from cities, and dissolution of cities ENVIRONMENTAL IMPACTS Thresholds of Significance For the purposes of this PEIR, TCAG has determined that implementation of the proposed 2018 RTP/SCS would result in significant impacts to agricultural or forestry resources, if any of the following could occur: Convert prime farmland, unique farmland, or farmland of statewide importance (farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use. Conflict with existing zoning or land use designation for agricultural use, or a Williamson Act contract. Conflict with existing zoning or land use designation for, or cause rezoning of, forest land (as defined in Pub. Resources Code, 12220(G)), timberland (as defined by Pub. Resources Code, 4526), or timberland zoned Timberland Production (as defined by Gov. Code, 51104(G)); and/or result in the loss of Forest Land as defined in the California Forest Legacy Act of 2007 (Pub. Resources Code, 12220(G)) or conversion of Forest Land into non-forest use. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland to non-agricultural use Methodology The analysis assesses the impacts to agricultural, timber, and forest resources that could result from implementation of 2018 RTP/SCS. Impact Sciences, Inc TCAG RTP/SCS PEIR

22 Impacts are assessed in terms of changes to both land use and transportation infrastructure using Tulare County data and TCAG forecasts related to projected population, housing, and employment growth. The methodology for determining the significance of these impacts applies the significance criteria above to the future (2042) land use pattern and transportation network. The development of new transportation facilities may affect agricultural, timber and forest resources, through both direct and indirect effects, including traversing agricultural, timberland, and forest lands. Determination of Significance The methodology for determining the significance of agricultural, timberland, and forest impacts compares the existing conditions to conditions in 2042 with the 2018 RTP/SCS, as required by State CEQA Guidelines Section (a). The known agricultural, timberland, and forest resources located within the region were evaluated using the criteria set forth by the California Department of Conservation and the State CEQA Guidelines. The analysis was limited to state-recognized agricultural, timberland, and forest resources. Implementation of the proposed 2018 RTP/SCS would affect land use patterns, including the consumption of agricultural land, timberland, and forest land. In general, the potential to impact agricultural, timber, and forest resources varies by the development area type (or location of transportation improvement). Agricultural, timber, and forest resources are more prevalent in rural than urban areas. Concentrations of agricultural land, timberland, and forest land are primarily located in undeveloped areas. However, as approximately half of Tulare County is comprised of federally protected land, and 43 percent of the County is agricultural land 18, these resources are encountered near the periphery of urban and suburban areas. Improvements within existing urban areas are less likely to affect agricultural, timber, and forest resources. However, reducing buffer zones between transportation corridors and agricultural and forestry resources, and reduction of the resources through lane widening could cause significant impacts. 18 Tulare County Tulare County General Plan 2030 Update, Chapter 3 Agriculture. Impact Sciences, Inc TCAG RTP/SCS PEIR

23 Impacts and Mitigation Measures Impact AG-1 Convert prime farmland, unique farmland, or farmland of statewide importance (farmland), as shown on the maps prepared pursuant to the farmland mapping and monitoring program of the California Resources Agency, to non-agricultural use. As of 2016, Tulare County s agricultural land included 366,136 acres of prime farmland, 11,691 acres of unique farmland, and 322,355 acres of farmland of statewide importance ( farmland ) 19 (see Table and Figure 4.2-1, above). As shown in Figure 4.2-1, farmland comprises the majority of the County land uses with much of the west, north and south of the County being categorized as prime farmland. The potential for RTP projects to result in impacts to farmland is shown in Table 4.2-4, 2018 RTP/SCS Land Consumption. Table RTP/SCS Land Consumption Community Type Acres of Impact (2017 to 2042) No Project 2018 RTP/SCS Land Consumed (New Development) 10, ,884.0 Farmland Consumed 2, ,518.3 Source: TCAG, 2018: Envision Tomorrow Tool and FMMP. As shown in Table 4.2-4, the 2018 RTP/SCS would consume 8,884 acres of land, of that 1,518.3 would be prime, important farmland, or farmland of statewide importance. As can be seen in Figure 4.2-1, the urban and built up areas of the County are surrounded by farmland. As a result, it is likely that as development occurs in urban areas and on the outskirts of urban areas, more farmland will be consumed. As shown on Figure 4.2-2, 2042 Tulare County Land Use, the land being consumed for development is primarily located on the periphery of the existing cities and unincorporated communities, the vast majority of which would occur around Visalia, Tulare, and Porterville. 19 Farmland Mapping and Monitoring Program (FMMP) of the California Department of Conservation (2016). Impact Sciences, Inc TCAG RTP/SCS PEIR

24 SOURCE: Tulare County Association of Governments, 2018 FIGURE Tulare County Land Use /18