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9 - 1080 . 3 MITIGATION REQUIREMENTS . <br /> ( a ) For the purposes of this Chapter : <br /> ( 1 ) An " agricultural land conservation easement" is an easement applied to lands with a General Plan <br /> land use designation or Zoning designation for agricultural land use , for the intended purpose of <br /> ensuring agricultural use in perpetuity . <br /> ( 2 ) A " Qualifying Entity " is one which is a nonprofit public benefit 501 ( c ) 3 corporation , and which , in <br /> the opinion of the County, has demonstrated experience in and capabilities to successfully administer <br /> the various agricultural mitigation provisions of this Chapter , and which is subject to an executed <br /> services agreement between the County and the Qualifying Entity describing duties and <br /> responsibilities of each under this agricultural mitigation program . The County may utilize more than <br /> one Qualifying Entity . <br /> ( 3 ) A " mitigation bank" is privately or publicly owned land managed for agricultural preservation . In <br /> exchange for permanently protecting, managing, and monitoring the land , the bank sponsor is allowed <br /> to sell or transfer habitat credits to permitees who need to satisfy legal requirements and compensate <br /> for the agricultural - land impacts of their developmental projects . Mitigation bank lands shall be <br /> located within San Joaquin County . The process for utilizing mitigation bank credits shall be overseen <br /> by the Qualifying Entity . <br /> ( b ) Mitigation Required . The County shall require agricultural mitigation for any of the following actions : <br /> ( 1 ) A General Plan Amendment that changes the designation of any land from an agricultural to a non - <br /> agricultural use designation ; and <br /> ( 2 ) A Zoning Reclassification that changes the permitted uses from agriculture to a nonagricultural use <br /> zone , regardless of the General Plan designation . <br /> ( c ) Mix of Uses . Mitigation shall only be required for that portion of the land that no longer will be designated as <br /> or zoned for agricultural land use . This : includes any portion of the land to be used for park and recreation <br /> purposes . <br /> ( d ) 1 : 1 Ratio ; The number of acres of agricultural mitigation land shall be at least equal to the number of acres <br /> that will be changed to anon - agricultural use through a General Plan Amendment or Zoning Reclassification <br /> ( a " 1 : 1 ratio " ) . <br /> ( e ) Types of Mitigation . Agricultural mitigation shall be satisfied by use of one of the following . <br /> ( 1 ) For mitigation of agricultural lands less than 20 acres in size . <br /> ( i ) Dedicate to the Qualifying ' Entity an in - kind purchase or acquisition of an agricultural land <br /> conservation easement , <br /> ( ii ) Participation in an approved mitigation bank provided through the Qualifying Entity ; or <br /> ( iii ) Payment of an in" lieu fee based on the requirements specified in this Chapter . <br /> ( 2 ) For mitigation of agricultural lands 20 acres or more in size . <br /> ( i ) Dedicate to the Qualifying Entity an in - kind purchase or acquisition of an agricultural land <br /> conservation easement ; or <br /> ( ii ) Payment of an indieu fee based on the requirements specified in this Chapter . <br /> Draft 8/ 10/ 22 <br /> Page 2 of 5 <br />