HomeMy WebLinkAbout1998-01-27; City Council; Resolution 98-22+
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RESOLUTION NO. 98-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ESTABLISHING THE PER ACRE
AMOUNT OF THE AGRICULTURAL MITIGATION FEE AT
WHEREAS, the implementing ordinances of the Carlsbad LCP requires
the City Council to establish the amount of said fee at the time when it considers the Coastal
Development Permit; and
WHEREAS, the CITY has received a study (Hulburg) which estimates the
basis for the fee; and
WHEREAS, the (Hulburg) study was subjected to peer review and found
to be adequate; and
WHEREAS, the City recognizes the difficulty involved in preparing future
fee studies and therefore desires to establish a fixed fee; and
WHEREAS, it has been determined through discussions with appraisers
and Conservancy staff that a 10% annual increase in the fee is fair and reasonable; and
WHEREAS, the City desires having future studies reflect modified
methodology; and
WHEREAS, any developer who wishes to protest the fee must submit a
fee study based on the modified methodology.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. The Carlsbad Agricultural Mitigation Fee is set at $5,000 per acre.
3. The fee shall be in effect until June 30, 1998 and shall be applicable to the
projects that have received a valid Coastal development permit with an
entitlement to either grade or to build structures where no grading is necessary.
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Projects that have such entitlement shall pay the fee pursuant to applicable law by
June 30, 1998 or be subject to a 10% increase per year in the amount of the fee.
On July 1, 1998, and subsequently thereafter, the fee shall increase by 10% every
July 1".
Projects that protest the fee amount will be required to submit a fee study
acceptable to the City Council under guidelines established by the City Manager
to justify an alternate fee.
Staff is directed to work with the staff of the California Coastal Conservancy to
develop a revised methodology for preparing studies used to establish the amount
of the fee.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 27th day of January 1998, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila & Hall
NOES: None
ABSENT: None
ATTEST:
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