HomeMy WebLinkAbout2004-03-17; Planning Commission; Resolution 55851
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PLANNING COMMISSION RESOLUTION NO. 5585
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD
LOCAL COASTAL PROGRAM TO ESTABLISH THE CITY AS
THE ADMINISTRATOR OF THE AGRICULTURAL
CONVERSION MITIGATION FEE PROGRAM, AND TO
UPDATE THE LIST OF ALLOWABLE USES FOR THE
PROGRAM.
CASE NAME: AGRICULTURAL MITIGATION FEE
PROGRAM.
CASE NO: LCPA 03-06
WHEREAS, California State law requires that the Local Coastal Program,
General Plan, and Zoning Ordinance in the Coastal Zone be in conformance; and
WHEREAS, the City of Carlsbad has filed a verified application for an
amendment to the Mello II Local Coastal Program to establish the City as administrator of the
Agricultural Mitigation Fee Program with a revised and updated list of allowable uses for
the Program; and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit “Y” dated March 17, 2004, attached hereto and
made a part hereof, as provided in Public Resources Code Section 30574 and Article 15 of
Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the
California Coastal Commission Administrative Regulations; 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 Local Coastal Program Amendment; and
WHEREAS, State Coastal Guidelines requires a six week public review period
for any amendment to the Local Coastal Program.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
B) At the end of the State mandated six week review period, starting on February 5,
2004, and ending on March 18, 2004, staff shall present to the City Council a
summary of the comments received.
C) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of AGRICULTURAL MITIGATION FEE
PROGRAM - LCPA 03-06, based on the following findings, and subject to the
following conditions:
Findinm :
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2.
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That the proposed Local Coastal Program Amendment meets the requirements of, and is
in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
of the Mello I1 segment of the Carlsbad Local Coastal Program not being amended by
this amendment, in that this amendment formally designates the City of Carlsbad as
the administrator of the Agricultural Mitigation Fee Program whereas currently the
State Coastal Conservancy is designated in the LCP and zoning ordinance. This
amendment will also update the list of allowable uses for the Program.
Implementation of this program has not, and will not, create any conflicts or
inconsistencies with other elements of the City’s Local Coastal Program.
That the proposed amendment to the Mello I1 segment of the Carlsbad Local Coastal
Program is required to bring it into consistency with the zoning ordinance since they
both currently designate the State Coastal Conservancy as administrator of the
existing program.
PC RES0 NO. 5585 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting to 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.MLZMILLER
Planning Director
PC RES0 NO. 5585 -3-
Exhibit "Y"
March 17,2004
Option 3 - Aqricultural Conversion Mitiqation 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
$5,000 nor more than $10,000 per net converted acre of agricultural land and shall reflect the
approximate cost of preserving prime agricultural land pursuant to the off-site mitigation
program (Option 1). 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 Fund 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 Fund use, but rather to promote equitable distribution amongst
the allowable uses outlined below. The advisory committee may also develop policies or
procedures for the review of requests and the allocation of funds. The allowable uses for the
Agricultural Mitigation Fees are:
a) Coastal and lagoon environment acquisition, maintenance, management and/or
restoration involving wildlife habitat or open space preservation.
b) 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.
c) 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.
d) Improvements to existing or proposed lagoon nature centers.