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HomeMy WebLinkAbout1985-01-02; City Council; 7902-1; Acceptance of Local Coastal Program LCP AuthorityGIF" OF CARLSBAD - AGEND BILL ^ AR* 7?03- / MTG. 1/2/85 DEPT. R/AG TITLE: ACCEPTANCE OF LOCAL COASTAL PROGRAM (LCP) AUTHORITY DEPT. HD^_ CITY ATTY^p t f '"In CITY MGR. c^*~ RECOMMENDED ACTION: Zg o u oo Discussion only. Possible action on January 8, 1985. ITEM EXPLANATION: Over the last nine months the City has been exploring the possibility of accepting Local Coastal Program authority for a major portion of Carlsbad's Coastal Zone. In April of 1984 the City Council directed the City Manager to analyze the LCP in light of existing City policy. This effort was to determine possible areas of agreement in preparation for future negotiations. In June of 1984 the City Council appointed a Local Coastal Program Committee to formulate a position on the LCP and return with a course of action. The LCP Committee members are Mayor Casler and Councilman Chick. At the June Council discussion on the LCP an analysis of LCP policy was distributed. The analysis points out the many regulations established by the LCP in the City's Coastal Zone. However, the. majority of these regulations are compatible with City policy. One problem area has been a major obstacle since the LCP was adopted by the Coastal Commission. The problem is that of agricultural protection. The City has never opposed agricultural protection, but has opposed "permanent" agricultural zoning. In September 1984 the Governor signed Assembly Bill 3744 which eliminated a contro- versial "agricultural subsidy program" imposed on portions of Carlsbad's Coastal Zone. At a City Council meeting in September the Council expressed its general intent to implement the LCP and directed the City Manager to pursue that end, if AB 3744 was approved. The LCP Committee has determined only two major policy changes necessary to the existing LCP in order to recommend acceptance to the Council. 1. A revised policy on agricultural protection. 2. A revised policy on regulation of "steep slope" area. The elimination of the agricultural subsidy program by AB 3744 emphasises a need to address agriculture in the Coastal Zone. Since AB 3744 was signed, the Coastal Commission has on numerous occasions requested the City to suggest new policies. The Committee recognizes the vital need to reorganize the. LCP document, which was hastily prepared by Commission staff. However, the Committee believes the highest priority at this time should be efforts directed at accepting LCP authority. Placing the documents in a more usable city format should follow. It is the recommendation of the Committee that the Council consider the attached two amendments and the acceptance of the remainder of the LCP document as written. EXHIBITS: 1. 2. Draft Steep Slope Findings. Draft Agricultural Protection Program. DRAFT STEEP SLOPE FINDINGS Suggested findings for those areas subject to 20% or 25% slope restrictions: Areas of 20% or 25% slopes may be graded to allow development if the following findings are made by the City Council in issuance of a coastal permit: 1. A soils investigation conducted by a licensed soils engineer has determined the subject slope area to be stable and grading and development impacts mitigatable for at least 75 years or life of structure. 2. Grading of the slope is essential to the dev- elopment intent and design. 3. Significant vegetation and/or wildlife habitat areas are not substantially damaged or altered. 4. In those slope areas which are contiguously 10 acres, or larger, no more than one third of the total area will be subject to major grade changes. 5. The complete grading of smaller slope areas (less than 10 contiguous acres) will not inter- rupt significant wildlife corridors. 6. Because north-facing slopes are generally more prone to stability problems and in many cases contain more extensive natural vegetation, no grading or removal of vegetation from these areas will be permitted unless all environ- mental impacts have been mitigated.Overriding circumstances are not considered adequate miti- gation. DRAFT AGRICULTURAL PROTECTION PROGRAM CARLSBAD COASTAL ZONE Property affected: Properties designated Planned Agricultural (PA) or Planned Community (PC) by the existing Carlsbad Local Coastal Program as follows: Site I Site II Site III Site IV Hunt Lusk Bankers Total: 500 approximate acres 377 275 - " - 109 200 - " - 93 27 - " - 1581 Program: All properties affected will be designated Developable Agriculture (DAg; LCP land use designation and zone). Land use in the DAg areas will be res- tricted to agriculture with the opportunity to convert to the respective current Carlsbad General Plan land use category, pursuant to the following mitigation procedure: Note: Conversion mitigation on each affected property must be accomplished prior to development of any portion of the respective property. Mitigation Procedure: Property owners within the DAg category may request conversion from agricultural uses to the applicable general plan category. A conversion mitigation fee of $6500 will be assessed per gross acre within the subject property boundaries. Mitigation fees collected will be appropriated to and shall be expended by the City of Carlsbad in the follow- ing order of priority: 1. Purchase of agricultural lands agricultural production within Coastal Zone. for continued the Carlsbad - If the City of Carlsbad determines that the size and/or location of possible acquisitions are not satisfactory option two may be used. 3 2. Agricultural improvements which will aid in the contin- uation of remaining agricultural production within the Carlsbad Coastal Zone. - If the City of Carlsbad determines that expenditure of mitigation funds for this purpose would not result in prolongation of agricultural production in a cost effective way, option three may be used. 3. Restoration/enhancement or studies leading to the restoration/enhancement of lagoons, beaches or other coastal resources in the Carlsbad Coastal Zone. -2- OCEANSIDE I HWY 78 BUENA VISTA LAGOON;? \ PACIFIC OCEAN CITY OF CARLSBAD COASTAL ZONE BOUNDARY SUBJECT AREA L KAV:~~r~- \\