Tools for Open Space Preservation

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The City uses a variety of tools to protect open space, which maximizes the effectiveness of the City’s limited funding.  These tools all do different things, but they work together to implement the City’s Open Space Program.  All of these tools are discussed briefly below:

  1. Conservation Easements The City can acquire a partial interest in land (i.e., an easement) that protects the land in perpetuity for agriculture or habitat.  By accepting an easement on his/her land, the landowner agrees to limit what the land can be used for in perpetuity.  The cost of an easement increases substantially as more property rights (such as public access) are included in the terms of the easement.  The City usually co-owns the easement with a land trust.  Land trust staff monitors the easement properties annually to ensure the terms of the conservation agreement are being met.  The City pays for these easements using grant funds, leveraged with matching funds from the Measure O Open Space Protection Special Tax Fund, agriculture mitigation fees, and development impact fees for open space.                                                                                     
  2. Land Purchases.  The City can acquire the fee title interest in land and keep it for recreational, habitat, or farming purposes, or resell the property subject to a conservation easement, such as the former Leland Ranch property near the Mace Boulevard curve.  These lands usually provide public access.  The City pays for these land acquisitions using grant funds, leveraged with matching funds from the Measure O Open Space Protection Special Tax Fund, agriculture mitigation fees, and development impact fees for open space.                                                                                                                                                                                                   
  3. A Stable, Reliable Funding Source.  Before the passage of Measure O in 2000, the City did not have a stable, reliable funding source to acquire and manage open space.  Measure O now provides about $680,000 every year for this purpose.  Because it is a stable and reliable revenue source, Measure O has given the City of Davis an enviable advantage in the stiff competition for state and federal open space land acquisition grants.  Measure O is also codified in the City's Municipal Code under Article 15.17.                                                                                                                                                
  4. Right-to-Farm Ordinance Requirements.  In 1995, the City Council approved the Right-to-Farm and Farmland Preservation Ordinance (Ordinance 1823).  The first municipal ordinance of its kind, the City’s ground-breaking work has spawned similar farmland protection efforts in California and in other states.  The main goals of the ordinance are to: (1) preserve and encourage agricultural land use and operations within the Davis Planning Area (See Figure 8), (2) reduce the occurrence of conflicts between agricultural and non-agricultural land uses, and (3) reduce the loss of agricultural resources by limiting the circumstances under which agricultural operations may be deemed a nuisance.

To achieve the ordinance's objectives, the City Council included two key requirements that developers must comply with if they are proposing to convert land from agricultural uses to non-agricultural uses, and their project is adjacent to agricultural land:  These requirements, which were updated by the City Council in 2007, are the agriculture mitigation requirement and the agricultural buffer requirement.

a. The agriculture mitigation requirement.  Under the City’s agricultural land mitigation requirement (Municipal Code Article 40A.03), developers must permanently protect at least two acres of agricultural land somewhere within the Davis Planning Area to “mitigate” for every acre of agricultural land they convert to urban uses (i.e., the 2:1 requirement).  Permanently protecting the land means either buying it outright or buying a conservation easement on the land.  Developers must first preserve the land directly adjacent to their project (the “Adjacent Mitigation Land”).  If this adjacent land is not enough to satisfy the 2:1 agricultural land mitigation requirement, then the developer must look elsewhere within the Davis Planning Area (the “Remainder Mitigation Land”).  Both of these categories are briefly discussed below.

i. Adjacent Mitigation Land.  The developer must first protect the land along the entire non-urbanized perimeter of the project.  For example, if a proposed housing development abuts farmland, the housing developer must protect that farmland.  If the developer cannot protect this land for some reason, then the developer must provide the Adjacent Mitigation Land on the development site itself.  The Adjacent Mitigation Land must be of a size that is economically viable as farmland (i.e., it must be a minimum 1/4 mile in width).  Developers do not have to mitigate for the 100-foot portion of the required on-site agricultural buffer.

ii. Remainder Mitigation Land.  If the Adjacent Mitigation Land is not enough to satisfy the 2:1 agricultural land mitigation requirement, then the developer must look to protect land elsewhere within the Davis Planning Area (See Figure 8).  Incentives, or location-based “credits,” are provided to the developer to protect land in areas targeted for permanent protection by the City, such as land within a ¼ mile of the city limits and land within “priority acquisition areas” as determined by the City Council.  These priority acquisition areas (See Figure 12 on the following pages) currently include land adjacent to the city limits, land separating the City from neighboring cities, and land providing particular agricultural, biological/natural and/or scenic benefits.  This tool incentivizes developers to protect agricultural land in priority acquisition areas.

b. The agricultural buffer requirement.  Pursuant to Municipal Code Article 40A.01.050, developers also must provide an agricultural buffer (i.e., an agricultural transition area, greenbelt or habitat area) that is at least 150 feet wide between their project and adjacent agricultural uses.  This tool aims to address potential conflicts between urban and rural land uses.  This tool supports farming adjacent to urban uses; thereby helping to protect agricultural land at the city’s edge.

5.  The Measure R/J/D Vote. Measure J (the Citizens’ Right to Vote on Future Use of Open Space and Agricultural Lands Ordinance) was first passed by Davis voters in 2000.  Measure J was included on the City of Davis’ June 2010 ballot as Measure R and was approved for renewal, which extended the sunset date to December 31, 2020.  The measure was extended again in November 2020 as Measure D. The measure extended the sunset date to December 31, 2030.  Measure D requires an affirmative citizen vote for General Plan Amendments that re-designate land from agricultural or open space to urban uses.  After completion of environmental review and public hearings, the City Council may choose to put a proposed land use change on the ballot for voter consideration.  This tool gives the community the ability to weigh in on development proposals at the city’s edge. Measure D is also codified in the City's Municipal Code as Chapter 41.

6. Conservation Partnerships. The City works closely with local conservation organizations to implement its open space protection goals.  Close collaboration with these organizations and identification of common objectives has allowed the City to achieve the level of success it has in protecting open space.  Wherever possible, the City develops partnerships with regional and national conservation organizations that share its objectives.  The City also joins organizations, lobbies state and federal representatives, and participates in regional open space discussions as a way to build partnerships with regional and national organizations.

7.  Education and Outreach  Education is a key factor in building strong public support for the City’s Open Space Program.  Appropriate and well-managed public access on City open space lands provides opportunities for citizens to learn about the natural and cultural history of the Davis area and the Central Valley.  Increasing public knowledge and appreciation of agricultural and natural systems will improve support for their conservation.  The City works closely with school districts, local conservation organizations (e.g.: Yolo Basin Foundation), and outside agencies to develop open space related educational materials and firsthand learning experiences. 

Since its inception, the Open Space Program has led to the protection of more than 5,400 acres of agricultural land and habitat areas surrounding the City through the acquisition of lands either in fee title or under conservation easements.