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V c) Types of Mitigation. Agricultural mitigation shall be satisfied by granting a farmland conservation easement or other farrrlan(l conservation mechanism as set forth in'Subsection(c1} to or for.the benefit of a QualifyingEntity The`numler of acres of agricultural mitigation land shall be at least.equal.to the number`of acres that will be changed to a non-agncultutal:use [a 1 1;rWi6]: d) Direct.Provision of,Agricultural Mitigation -and--,,%The direct provision of .' agricultural mitigation'latid pursuant to Subsection(c} of this Section is subject to the following provisions: 1) The applicant shall pay an administrative fee equal to.cover the costs of administering, monitoring and enforcing the farm land'conservation easement or other instrument in an amount determined by the'Board of Supervisors. 2) The location and characteristics of the agricultural mitigation-land shall- comply with the Mitigation Strategy adopted pursuant to Section 9-.1080.6. 3) The Agricultural Technical Advisory Committee shall review each farmland conservation easement or other preservation instrument for consistency with the Mitigation Strategy adopted pursuant to Section 9-1080.6. 4) The farmland conservation easement or other preservation instrument shall be held by the Qualifying Entity. The County shall be a co-holder or backup beneficiary of the legal instrument. If the Qualifying Entity refuses to hold the easement or other preservation instrument, it shall be held by the County. 5) If the applicant for the General Plan Amendment or Zoning Reclassification makes application to the Board of Supervisors and demonstrates that the applicant has made a diligent effort to obtain a farmland conservation easement or other preservation instrument, and that the applicant has been unable to obtain such easement or other preservation instrument, the Board may grant the applicant the option to either obtain the easement or other instrument, or to pay the in-lieu fee set forth in Subsection (e). The applicant shall provide documentation he/she has met with the Qualifying Entity and San Joaquin Farm Bureau Federation and neither entity has been able to assist with the acquisition of the easement. Facts which the Board may consider in making a decision regarding applicant's request include, but are not limited to, the following: (A) Multiple good faith offers to purchase an easement or other preservation instrument which offers have been declined by the seller or sellers. (B) Good faith efforts to purchase an easement or other preservation instrument over an extended period of time where further efforts would make it unreasonable for the applicant to continue such efforts. (C) Good faith efforts to purchase an easement or other preservation instrument, but where the high cost of such purchase makes it unreasonable for the applicant to continue such efforts. Page 3 of 10