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HomeMy WebLinkAbout2004-07-13; City Council; NS-711; Agricultural Mitigation Fee program...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 ORDINANCE NO. NS-711 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the zoning ordinance; and WHEREAS, the existing list of prioritized uses for the Agricultural Mitigation Fee program is outdated and requires revision in order to optimize the use of the funds; and WHEREAS, the City of Carlsbad must process amendments to the City’s Local Coastal Program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 and Expenditure Plan. 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 Council subject to the recommendations of a citizen advisory committee to be established by it. The intent is not to establish priorities for Program use, but rather to promote reasonable distribution amongst the allowable uses outlined below. The advisory committee may also develop 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. The City Council shall make all final decisions regarding the use of the 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, open space preservation or aquaculture. 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. (Notwithstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 6th day of July 2004, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 13th day of July 2004, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall and Packard NOES: None ABSENT: Council Member Finnila &$TEST: -n ’@..a / (7 LORRAINE M-OOD, City Clerk ‘ (SEAL) -2- 3