HomeMy WebLinkAbout2004-03-17; Planning Commission; Resolution 55841
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 5584
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO
TOR OF THE AGRICULTURAL CONVERSION MITIGATION
FEE PROGRAM, AND TO UPDATE THE LIST OF
ALLOWABLE USES FOR THE PROGRAM.
CASE NAME: AGRICULTURAL MITIGATION FEE
ESTABLISH THE CITY OF CARLSBAD AS ADMIN’ISTRA-
PROGRAM
CASE NO: ZCA 04-04
WHEREAS, the Planning Director has prepared a proposed Zone Code
Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to establish the City
of Carlsbad as the administrator for the Agricultural Conversion Mitigation Fee Program
and to update the list of allowable uses for the Program; and
WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibit “X” dated March 17, 2004, attached hereto AGRICULTURAL
MITIGATION FEE PROGRAM - ZCA 04-04; and
WHEREAS, the Planning Commission did on the 17th day of March 2004, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of the AGRICULTURAL MITIGATION
FEE PROGRAM - ZCA 04-04, based on the following findings:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Findinm:
1. Ths the proposed Zone Code Amendment ZCA 04-04 is consistent with the General
Plan in that it provides for City implementation and administration for a program
that is already in the City’s Local Coastal Program and zoning ordinance and is in
need of revision to update the list of allowable uses and to transfer administration
from the State Coastal Conservancy to the City of Carlsbad per agreement.
2. That the proposed ZCA reflects sound principles of good planning in that the agreement
to allow for City administration of the Agricultural Mitigation Fee Program has
been in place since 1998 with the State Coastal Conservancy and funds were
transferred into a City account in 1999. The local administration of this program
will optimize the use of the funds while remaining consistent with original objectives
of promoting agriculture, environmental restoration and maintenance, and
enhanced public safety and use in the City’s Coastal Zone as funded by properties
that convert from agricultural to urban uses.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 17th day of March 2004, by the following vote,
to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: .
MICHAEL J. HMZMIL~~R
Planning Director
PC RES0 NO. 5584 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Exhibit “X
March 17,2004
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO
THE CITY’S ZONING ORDINANCE TO ESTABLISH THE CITY
OF CARLSBAD AS THE ADMINISTRATOR OF THE LCP
AGRICULTURAL MITIGATION FEE PROGRAM, AND TO
IMPLEMENT AN UPDATED LIST OF PRIORITY USES FOR THE
PROGRAM.
CASE NAME: AGRICULTURAL MITIGATION FEE PROGRAM
CASE NO.: ZCA 04-04
WHEREAS, the City of Carlsbad has been in agreement with the State Coastal
Conservancy regarding the transfer of Local Coastal Program Agricultural Mitigation Fee funds
from the State to the City since March 1998, and transfer of funds did occur in 1999; and
WHEREAS, the City of Carlsbad has agreed to administer the Agricultural
Mitigation Fee fund, however, the State Coastal Conservancy is still designated as the fund
administrator in the Local Coastal Program and Section 21.202 of the zoning ordinance; and
WHEREAS, the existing list of prioritized uses for the Agricultural Mitigation Fee
program is outdated and requires revision in order to optimize the use of the funds; and
WHEREAS, the City of Carlsbad must process amendments to the City’s Local
Coastal Program and zoning ordinance to formally designate the City as the fund administrator,
and also to update the list of allowable uses for the Agricultural Mitigation Fee program.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1 : That Section 21.202.060 D is amended to read as follows:
“21.202.060 D. Agricultural Conversion Mitigation Fee. In lieu of the procedures
established by subsection B or subsection C of this section, property may be converted to
urban uses upon payment of an agricultural conversion mitigation fee. The amount of the fee
shall be determined by the City Council at the time it considers a Coastal Development permit
for urban development of the property. The fee shall not be less than five thousand dollars nor
more than ten thousand dollars per net converted acre of agricultural land and shall reflect the
approximate cost of preserving prime agricultural land pursuant to subsection B of this section.
The fees shall be paid prior to the issuance of building permits for the project. All mitigation
fees collected under this section shall be deposited in the City of Carlsbad LCP Agricultural
Mitigation Fees Program and shall be expended by the City of Carlsbad subject to the
recommendations of an advisory committee to be established by City Council action. The
advisory committee shall have city staff and community representation. The intent is not to
establish priorities for Program use, but rather to promote equitable distribution amongst the
allowable uses outlined below. The advisory committee may also develop policies or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
procedures for the review of requests and the allocation of funds. The allowable uses for the
Agricultural Mitigation Fees are:
a)
b)
Coastal and lagoon environment acquisition, maintenance, management and/or
restoration involving wildlife habitat or open space preservation.
Purchase, improvement and/or maintenance of agricultural lands for continued
agricultural production, or for the provision of research activities or ancillary uses
necessary for the continued production of agriculture and/or aquaculture in the
City's Coastal Zone, including but not limited to farm worker housing.
Restoration and maintenance of beaches for public use including but not limited
to: local and regional sand replenishment programs, vertical and lateral beach
access improvements, trails, roadways and other beach-related improvements
that enhance accessibility, parking and/or use.
Improvements to existing or proposed lagoon nature centers.
c)
d)
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be
effective within the City's Coastal Zone until approved by the California Coastal Commission.)
...
...
...
...
...
...
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of 2004, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2004, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORMINE M. WOOD, City Clerk
(SEAL)
-3-