HomeMy WebLinkAbout2004-07-13; City Council; NS-711; Agricultural Mitigation Fee program...1
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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program is outdated and requires revision in order to optimize the use of the funds; and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
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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)
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