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Home My WebLink About1985-02-19; City Council; 7902-3; Approval of Carlsbad LCP with 2 amendmentsCIT OF CARLSBAD - AGEND~~BILL AB* 7705 ~**3 MTG 2/19/85 nppj_ R/AG RECOMMENDED TITLE' APPROVAL OF THE EXISTING CARLSBAD LOCAL COASTAL PROGRAM WITH TWO /\iv!rjJMJJj!YLt!iN 1 o ACTION: 7W\ —OFPT. HD. ,/KI CITY ATTY.V^$ CITY MGR.3^3-* § zg 6 O OO 1. Approve the attached resolution to accept the existing Carlsbad Local Coastal Program (Mello Bill I and II properties) with recommended amendments. 2. Direct staff to forward Council's action to the Coastal Commission with a communication indicating the City's wish to assume land use authority pursuant to the resolution of approval and requesting proces- sing as soon as possible. ITEM EXPLANATION: Over the last ten months the City has been exploring the possibility of accepting Local Coastal Program authority for a major portion of Carls- bad'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 Com- mittee 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. En September 1984 the Governor signed Assembly Bill 3744 which elimina- ted a controversial "agricultural subsidy program" imposed on portions of Carlsbad's Coastal Zone. At a City Council meeting in September the 'ouncil 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 slope areas 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. PAGE 2 Of AGENDA BILL # The Committee recognizes the vital need to reorganize the LCP document, which was hastily prepared by Commission staff. How- ever, the Committee believes the highest priority at this time should be efforts directed at accepting LCP authority. On January 8, 1985 the City Council opened a six-week review period of the LCP Committee recommended actions. On February 11, 1985 the LCP Committee held a workshop to answer questions and receive comments on the LCP process and City efforts up to date. The LCP process provides local governments two options in pursuing plan certification (approval) . 1. The first option allows the City to adopt the LCP and at the same time make appropriate General Plan and Zoning changes. The LCP would then be forwarded to the Coastal Commission as a complete-intact document. If the Commission approves the plan with no changes, there is an immediate transfer of land use authority. 2. Option two allows the City to take action on an LCP without formally changing the General Plan and Zoning ordinances. The LCP can then be forwarded to the Coastal Commission to review and potentially certify. If the Commission approves the LCP the City would then formally change the General Plan and Zoning to conform. Once the General Plan and Zoning have been modified (using the city general plan amendment/zone change process) evidence would be forwarded to the Commission. At that time the City would achieve coas- tal zone land use authority. It is the recommendation of the LCP Committee that option two be the course of action for LCP processing. If option one is pur- sued and General Plan/Zoning changes are made up-front even the slightest modification to the LCP by the Coastal Commission through its process would require additional formal changes to City code. The Committee considers option two the most cost- effective method. Most local governments have used this option in LCP processing. Once the City takes action as recommended by this agenda bill and the documents are forwarded to the Coastal Commission it has an initial 10 working day review period. After this 10 day period the LCP must be scheduled for Coastal Commission hearing and action within 60 days. Failure to act by the Commission within 60 days is deemed an action to approve as submitted. PAGE 3 of AGENDA BILL ft EXHIBITS: 1. Map of affected, area, dated 12/84. 2. Resolution #_73_A3_. EXHIBIT 1. OCEANS1DE I HWY 78 BUENA VISTA LAGOON;? \ 6000' PACIFIC OCEAN I CITY OF CARLSBAD COASTAL ZONE BOUNDARY SUBJECT AREA 1 " RESOLUTION NO. 7913 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE EXISTING 3 CERTIFIED LOCAL COASTAL PROGRAM (MELLO BILL I AND II) WITH AMENDMENTS. 4 5 WHEREAS, the City of Carlsbad has received the certified 6 Local Coastal Program (LCP) documents for that portion of the 7 Carlsbad Coastal Zone specified in California Public Resources 8 Code Sections 30170(f) and 30171 (Mello Bills I and II) from the 9 California Coastal Commission; and 10 WHEREAS, the City has reviewed these documents and found 11 their provisions to be acceptable for administration as City 12 policy with two general exceptions regarding development on slopes 13 and on agricultural lands; and 14 WHEREAS, the City has prepared an amendment to the 15 certified Local Coastal Program to address the City's concerns 16 over development on .slopes and on agricultural lands and to make 17 other LCP modifications consistent with changes in the state law; 18 and 19 WHEREAS, the City is prepared to adopt necessary 20 resolutions and ordinances to enable the City to receive LCP 21 "effective certification" pursuant to the LCP documents with the 22 amendments referred to in this resolution; and 23 WHEREAS, the City intends and is prepared to issue 24 Coastal Development Permits pursuant to the LCP documents when 25 amended as established herein and implemented by City resolutions 26 and ordinances; and 27 WHEREAS, necessary public review of the LCP documents 28 and proposed amendments has been provided by the City, 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of 2 the City of Carlsbad as follows: 3 1. That the above recitations are true and correct. 4 2. That the City of Carlsbad is prepared to adopt by 5 appropriate local resolutions and ordinances the Local Coastal 6 Program for that portion of the Carlsbad Coastal Zone specified 7 in Public Resources Code Sections 30170(f) and 30171 with the 8 amendments attached hereto as exhibits one, two and three, and 9 made a part hereof. 10 3. That subject to the adoption of the appropriate 11 local resolutions and ordinances the City of Carlsbad is prepared 12 to administer and carry out the requirements and provisions of 13 the Local Coastal Program as amended. 14 4. That the City Council directs the City Manager to 15 forward this resolution along with any other necessary documents 16 as an application pursuant to Public Resources Code Section 30514 17 and 2 California Administrative Code Section 13551(b)(2) for an 18 amendment to the Local Coastal Program for that portion of the 19 Carlsbad Coastal Zone specified in this resolution, and further, 20 that the California Coastal Commission be requested to authorize 21 certification pursuant to 2 California Administrative Code 22 Section 1344, of the Local Coastal Program as amended after the 23 City has adopted the necessary implementing ordinances and 24 resolutions. 25 // 26 // 27 // 28 // 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of 2 the City Council, of the City of Carlsbad, California, on the 3 19th day of ppbniary , 1985 by the following vote to 4 wit: 5 AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine 6 NOES: None 7 ABSENT: None 8 MARY H. CASLER, Mayor ., Q ATTEST: 11 12 OU^Cth^ jK. \K_Ou75~AM—-I ALETHA L. RAUTENKRANZ, City Clerk 13 14 (SEAL) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 EXHIBIT 1. - Modifications - MELLO BILL I - LAND USE Page 2 3 4 5 5 5-6 6 7 10-17 22-23 2 2 4-7 7 8-14 16-17 18-19 19 Section Policy 4 , Housing Policy 5, Parking (housing ref.) Policy 2, Housing Policy 4, Parking (housing ref.) Policy 2, Agriculture /Planned Devt. Policy 3, Drainage, Erosion Control #1 Policy 3, Drainage, Erosion Control #5 Policy 4, Housing Findings, Agriculture Findings , Housing MELLO BILL I - ZONING ORDINANCES Coastal Resource Overlay Zone #1. Purpose #4. Permitted Uses #9. Housing #10. Findings Planned Agricultural Zone #3 Erosion, Drainage, Sedimentation #5 Agriculture #6 Agricultural Land and Open Space Action Delete Delete Delete Delete Delete Add new slope language Add new slope language Delete Delete Delete Delete ref. to housing Delete Delete Delete Delete. Replace with DAg zone Add new slope language Delete Delete Management Plan Mello Bill I - Zoning Ordinances/cont'd... Page Section Action 19 #7 Map and Deed Notice Delete 19 #8 Housing Delete 20 #10 Findings Delete 23-24 Conditional Uses sec. 21.42.010 Permitted Uses (A)(B) Delete 41 Permit Procedures #2. Definitions "Conditional Use" Delete -2- 1 Page 1 2 3 - Modifications - MELLO BILL II - LAND USE Section "Exhibit A" I. #1 Occidental (C) Affordable Housing D, addition to Kelly/Macario Affordable Housing II Revisions to Findings, I. Staff Recommendation Action Delete Delete Delete: "on the basis of the Findings and Dec- larations con- tained in Part II of this report below." 3-4 5-6 7-8 II Findings and Declaration BfC,D .8. Housing 9. Alternatives to the Land Use Plan Policies (end "Exhibit A") Delete Delete Delete 2-4 4 5 6-10 10-14 16 20 31 Policy 2-1 Conservation of Agricultural Lands, B. Basic Agricultural Use Regu- lation: Planned Agriculture C. Designated Agricultural Lands E. Agricultural Subsidy Program F. Permitted Uses on all Agricultural Land G,H,I,J,K,L,M re. Agricultural Subsidy Policy 2-2 "Mixed Use Development" Policy 3-1 Slopes and Preservation of Vegetation Policy 4-7 Accelerated Soil Erosion a) Policy 9-1 through 9-9, Housing Substitute DAg zone ref. for PAZ Delete, replace with DAg map and description Delete Dele te, rep1ace with 'DAg wording Delete Delete Delete last para- graph, replace with new slope language Add new slope language Delete Mello Bill"II - Land Use/cont1d... Page Section Action 1 1 1 1-8 9 10, 11 12 13 13 29-32 33 33 Begin "Attachment A" Kelly Point/Macario Canyon A. Maximum Density of Development #1 B. Agriculture/Planned Development C. Drainage, Erosion Control, #1 C. Drainage, Erosion Control, #5 D. Housing MELLO BILL II - ZONING ORDINANCES Planned Agricultural Zone VII Mixed Use Program applicable to the Ecke Property A,B,C VIII Requirements for a Master Plan; A,B,C,D,E,F,G X Findings Coastal Resource Protection Overlay Zone #3 Development Standards (a) Preservation of Steep Slopes and Vegetation #1, 2 Low and Moderate Income Housing Zone Addition to P-C Zone Kelly Point/ Macario Canyon #1 Permits Required #2 Maximum Density of Development #1 Delete Delete Delete, replace with new slope language Delete Delete Delete, replace with DAg zone Delete Delete Delete Delete ref. to conditional use permit Delete, replace with new slope language Delete Delete ref. to conditional uses Delete -2- Mello Bill'II - Zoning Ordinances/cent'd... Page Section Action 34 #3 Erosion, Drainage, Sedimentation Delete, replace (b) with new slope language 34, 35 #3 Erosion, Drainage, Sedimentation (f) Delete 36 #4 Buffers/Open Space Delete 36 #5 Agriculture Delete 37 #6 Agricultural Land Open Space Management Plan Delete 37 #7 Map and Deed Notice Delete 37 #8 Housing Delete 38 #10 Findings Delete 41 Amendments to Condo Conversion Ordinance 21.47 Delete 43 Conditonal Uses sec. 21.42.010 Permitted Uses (A)(B) Delete -3- EXHIBIT 2, CHAPTER 21. Developable Agriculture Zone 21. .010 Purpose and Intent. The Developable Agriculture (DAg) Zone is established to implement Sections 30170(f), 30171, 30241, and 30242 of the California Coastal Act and the Local Coas- tal Land Use Plan certified on . This zone recognizes agriculture as a priority use under the Coastal Act and protects that use by establishing mechanisms to assure the continued and renewed agricultural use of agricultural lands while allowing dev- elopment to proceed in compliance with the zone. This zone provides necessary incentives to accomplish the goal of protecting and pro- moting agriculture in the coastal zone, in order to conform with Sections 30241 and 30242 of the California Coastal Act of 1976. The DAg zone adopts permitted uses for all agricultural lands located in the zone. The DAg conversion program is voluntary, and allows agricultural parcels to convert to more intense urban uses. To mitigate the adverse impact of conversion on the area's currently existing agricultural economy, landowners of developable agricultural lands must contribute monetary fees to a fund which will encourage continued agriculture on lands retained in agricultural use. 21. . 020 Definitions. For the purposes of this zone, terms used herein are defined as follows: A. "Developable Agricultural Lands" means those agricultural lands identified on Map X attached to the Land Use Plan certified on . The following are the lands identified on Map X: Site I 500 approximate acres Site II 377 " " Site III 275 Site IV 109 Hunt 200 " Lusk 93 Bankers 27 Total: 1,581 B. "Class I-IV Agricultural Land" means all land which qualifies for rating as Class I through Class IV in the U.S. Department of Agri- culture Soil Conservation Service Land Use Compatibility Classification. C. "Class V-VIII Agricultural Land" means all land which qualifies for rating as Class V through Class VIII.in the U.S. Department of Agri- culture Soil Conservation Service Land Use Compatibility Classification. D. "Land Division" means the creation of any new property line whether by subdivision or other means. E. "Urban Uses" means any use other than a use permitted by Section 21. .050 including any use necessary or convenient to urban use. V 2945 HARDING STREET, #207 aQMHAnPIMQSTHEET U ^S&f Q TELEPHONE CARLSBAD, CA 92008-2320 • .tfwfb • (619) 438-5618 Cttp of Cartebab RESEARCH/ANALYSIS GROUP February 25, 1985 Please refer to the letter addressed to Mr. Tom Crandall of the California Coastal Commission, dated February 21, 1985, copy of which was addressed to you. Attachment marked Exhibit 2, page 14, lines 9 & 10 should read: Section 21. .060 and not Section 21. .050. TOM/C. HAGEMAN Principal Planner pgk 2_1. .030 Development of developable agricultural land. Developable agricultural land may be converted from agricultural use and developed for urban use in compliance with the procedures of this chapter. 21. 040 Permits required. No development, including but not limited to land divisions, as defined in Section 21.04.108 of this code shall occur without a Coastal Development Permit having first been issued pursuant to Chapter 21.65 of this Code. A master plan or a planned development permit processed according to Section 21. . 050 shall be considered a coastal permit if also processed in compliance with Chapter 21.65. 21. .050 Permitted uses on agricultural lands. The provisions of this section shall apply to any developable agricultural land which has not been approved for development pursuant to this chapter. a. On any Class I through Class IV Agricultural Land the follow- ing uses only are permitted: 1. Cattle, sheep, goats and swine production, provided that the number of any one or combina- tion of said animals shall not exceed one animal per half acre of lot area. Structures for con- taining animals shall not be located within, fifty feet of any habitable structure on the • same parcel, nor within three hundred feet of an adjoining parcel zoned for residential uses. 2. Crop production. 3. Floriculture. 4. Horses, private use. 5. Nursery crop production. 6. Poultry, rabbits, chinchillas, hamsters and other small animals, provided not more than twenty-five of any one or combination thereof shall be kept within fifty feet of any habitable structure, nor within three hundred feet of an adjoining parcel zoned for residential uses. 7. Roadside stands for display and sale of pro- ducts produced on the same premises, with a floor area not exceeding two hundred square feet, and located not nearer than twenty feet to any street or highway. 8. Tree farms. 9. Truck farms. 10. Wildlife refuges and game preserves. 11, Other uses or enterprises similar to the above customarily carried on in the field of general agriculture including accessory uses such as silos, tank houses, shops, barns, offices, coops, stables, corrals, and similar uses required for the conduct of the uses above. 12. One single family dwelling per existing legal building parcel. b. On any Class V through VIII Agricultural Land the follow- ing uses only are permitted: 1. All of the permitted uses listed above. 2. Hay and feed stores. 3. Nurseries, retail and wholesale. 4. Packing sheds, processing plants and commercial outlets for farm crops, provided that such activities are not located within 100 feet of any lot line. 5. Greenhouses, provided all requirements for yard setbacks and height as specified in Chapter 21.07 of this Code are met. 21. .055 Lot and yard standards - agricultural lands. The provisions of this section shall apply to any developable agricultural land which has not been approved for development pursuant to this chapter. 1. The minimum required lot area of any newly created lot shall not be less than 10 acres. 2. Every newly created lot shall have a minimum width of the rearline of the required front yard of not less than three hundred feet. 3. Every lot shall have a required front yard of forty feet. Except as otherwise provided in Section 21. .050 no building or structure shall be located on the required front yard. 4. Every lot and building site shall have a side yard on each side of the lot or building site not less than fifteen feet in width unless otherwise permitted by Section 21. .050. 5. Every lot and building site shall have a rear yeard of not less than twenty five feet unless otherwise permitted by Section 21. _.050. 6. No building or structure shall exceed thirty five feet in height. -3- 7. Buildings and structures shall not cover more than forty percent of a lot. - 8. All residential structures shall conform to the provisions of Section 21.07.120 o.f this Code. 21. .060 Development of developable agricultural land. Developable agricultural lands may be converted from agricultural to urban uses pursuant to the following procedures: 1. For property over 100 acres in area a master plan shall be submitted and processed according to the provisions of Chapter 21.38 of this Code. The uses permitted pursuant to the master plan shall be those permitted by the provisions of the certified local coastal plan in effect at the time the application is submitted. A concur- rent application to amend the local coastal plan may be submitted with the master plan but in no event shall the master plan be finally appro- ved unless the amendment to the local coastal plan is certified by the Coastal Commission. 2. For property less than 100 acres in area a planned develop- ment permit shall be submitted and processed pursuant to Chapter 21.45 or 21.47 of this Code, whichever is applicable. The uses permitted pursuant to the planned development permit and the development stan- dards shall be as follows: Land Designation On Permitted Uses and Local Coastal Plan Development Standards Residential 0-1.5 R-l 40,000 Residential 0-4 R-l 10,000 Residential 4-10 R-DM Residential 10-20 R-DM Planned Industrial P-M (Map Y shows existing permitted land use categories) A concurrent application to amend the local coastal plan may be submitted with the planned development permit, but in no event shall the planned development permit be finally approved unless the amend- ment to the local coastal plan is certified by the Coastal Commission. 3. As a condition of approval of a master plan or planned devel- opment permit an agricultural mitigation fee of $6,500 per acre of land converted shall be paid to mitigate the adverse impact caused by the loss of the agricultural land. 21^ .070 Agricultural loss mitigation fund. a. Fees collected through the developable agricultural land conversion shall be deposited in a fund which shall be administered by the Cit} Council or any agency designated by the City Council. The funds shall be spent according to the following priorities: -4- 1. Purchase of agricultural lands for continued agri- cultural -production within the Carlsbad Coastal Zone. If the City of Carlsbad determines that the size and/ or location of possible acquisitions are not satis- factory, option two may be used. 2. Agricultural improvements which will aid in the continuation 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 prolonga- tion 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. b. Mitigation Program. Within six months of the certification of this chapter by the California Coastal Commission, the City Council shall prepare operating directives and procedures for administration of the mitigation program. A reasonable portion of the transmitted conversion fees may be used by the City to cover the actual costs of administration, up to a maximum of 1% of any conversion fees. Costs of administration will be greatest at the beginning of the program, so a proportion greater than 1% of the fees may be reserved at the initiation of the program for the purpose. Five years after the adoption of the mitigation program, the program shall be reviewed for effectiveness and fulfillment of applic- able coastal act policies. If the City Council finds the program not adequate to meet the purposes of the local coastal program, modifica- tion may be requested as a Local Coastal Program amendment. MAP Y Residential/Density Low (0-1.5 du/ac) Low-Medium (0-4 du/ac) Medium (4-10 du/ac) Medium-High (10-20 du/ac) Planned Industrial Open Space Non-Residential Reserve EXHIBIT 3, ADDITIONAL/REPLACEMENT WORDING FOR MELLO BILL I AND II LCP SLOPE RESTRICTIONS. Those slope areas which are completely restricted from disturbance may on a case by case basis be reviewed to allow exceptions. To allow exceptions to the disturbance restriction the City Council must make findings of fact, regarding slope disturbance as a part of the issuance of a coastal permit. The following are mandatory findings to allow exceptions. 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 develop- ment intent and design. 3. Slope disturbance will not result in substantial damage or alteration to major wildlife habitat or native vegetation areas. 4. If the area proposed to be disturbed is predomin- ated by steep slopes and is in excess of 10 acres, no more than one third of the total steep slope area shall be subject to major grade changes. 5. If the area proposed to be disturbed is predomin- ated by steep slopes and is less than 10 acres, complete grading may be allowed only if no inter- ruption of significant wildlife corridors occurs. 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 environmental impacts have been mitigated. Overriding circumstances are not considered adequate mitigation. JOHN D. LUSK & SON A MEMBER OF THE LUSK FAMILY OF COMPANIES 17550 Gillette Ave., Irvine Industrial Complex • P.O. Box C-19560, Irvine, CA 92713 • (714) 261-5999 February 18, 1985 Mayor Mary easier City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Re: City of Carlsbad Local Coastal Program Agricultural Protection Program Dear Mayor Casler: We are writing to express to you and the other members of the Carlsbad City Council our strong concerns with regard to the Agricultural Protection Program which is being proposed for the Carlsbad Local Coastal Program. While we share with the City the desire that a resolution be reached with the California Coastal Commission over the City of Carlsbad Local Coastal Program, we strongly oppose the Agricultural Protection Program which has been proposed for the following reasons: 1. Lusk has owned the approximately 93 acres of property at Poinsetta Lane in the City of Carlsbad since late 1972. During all of the period of time we have owned the land, the land use designation and zoning for our property by the City of Carlsbad has been for residential use. Originally our property was affected by the specific plan for the "Occidential properties". More recently our property has been affected simply by the current land use element of the General Plan and zoning which provides for 4 to 10 units per acre on 55 acres of the property and from Mayor Mary Casler February 18, 1985 Page Two 10 to 20 units per acre on the remaining 38 acres of our ownership. According to our reading of the draft agricultural program, the City would re-designate our property as developable agriculture. If our understanding of the process required under the Local Coastal Plan the General Plan and Zoning of the City's ordinance's would also have to be amended to designate our land agriculture. We would strongly oppose this change since it would significantly reduce, in our opinion, the value of our property even if mitigation measures were available for other than agriculture. One of the underlying arguments that we have had with the Coastal Commission for the past several years is our opinion that our property should not carry an agricultural designation based upon the development which was planned or has occurred surrounding us. It appears to us that our property is clearly in an urban setting and that an agricultural designation is inappropriate. 2. We are concerned that there apparently has not been any consideration given to our participation with the City of Carlsbad in the improvement of Poinsetta Lane from the San Diego Freeway Inter- change to Carlsbad Boulevard. As you may recall, we have contributed in excess of $840,000 toward the improvement of Poinsetta Lane and did so well in advance of any anticipated improvement of the balance of our property. It was the City of Carlsbad and the other Occidential property land owners who came to us requesting that an agreement be structured to resolve several outstanding issues related to the Occidential properties and we agreed to participate in this agreement, even though we had no plans for immediate development of our property. It would seem to us that there should be some recognition of the improved coastal access that Poinsetta Lane will provide from the San Diego Freeway to the south Carlsbad beach area. Mayor Mary Casler February 18, 1985 Page Three 3. We see a very basic conflict in your proposed program with that of Assemblyman Bill Bradley's recently adopted AB3744. We realize that the Coastal Commission has taken exception to Assemblyman Bradley's and our interpretation of the language in AB3744 with regard to whether or not the elimination of the agricultural subsidy fee does or does not affect our ability to develop the property under the current coastal plan. We believe that any action on the part of the City of Carlsbad, who we thought strongly supported Assemblyman Bradley's bill, prior to the receipt of an opinion from the State legislature's analyst as to the intent of the Bradley bill and/or the adoption by the legislature of clean up legislation if necessary, would be inappropriate and all of the effort that we collectively put forth in supporting the passage of AB3744 will have gone for naught. We would urge that no action be taken on your proposed plan until further clarification on AB3744 is received from the legislature. We recognize that the City of Carlsbad would like to end the long debate with the California Coastal Commission over the City of Carlsbad's Local Coastal Program and return the control of the land use decisions within the City of Carlsbad coastal area to the City. We certainly are supportive of this effort. However, we do not believe that the Agricultural Protection Program which you are proposing really is any different than that which the Coastal Commission has previously proposed and which you have so strongly opposed. We realize that the dollar amount of the fee to be assessed is significantly lower that that proposed by the Coastal Commission, however the principal of the argument against such as fee has not been changed. It would seem to us that if preservation of agricultural property within the City of Carlsbad is an important Mayor Mary Casler February 18, 1985 Page Four resource for the entire community, then all property within the City of Carlsbad should participate on an equal bases in any agricultural protection program. To single out a few properties to provide this supposed public benefit is inappropriate and unfair and we will continue to strongly oppose the adoption of such a program. Very truly yours, Donald D. Stefiensen Senior Vice President DDS:mf Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 31 38 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Cdrlsbad JoiHTOl a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Carlsbad City Council will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carls- bad, California at 6 p.m. on Tues- day, February 19,1985. The purpose of the hearing is to accept public input regarding the City's efforts toobtain land use authority in the Ci-ty's Coa»tal Zone. Following thehearing the Carlsbad City Councilwill con»Mer taking action to adopt the existing Local Coastal Program (LCP) with two proposed amend- ments. The amendments affect de- velopment of slope'areas and agri- cultural lands. City adoption of the LCP would allow formal California Coastal Commission review. Thisreview process could ultimately re-sult in Carlsbad receiving land useand development permit authority within the City's Coastal Zone. If you have questions, please con- tact the City's Research/Analysis Group at 438-5618.CJ 4080: February 9,1985 February 9 19 85 19 19 19. 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 9th day of February, 1QR5 1.5M-1V84 Clerk of the Printer NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Carlsbad City Council will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, Calif- ornia at 6 p.m. on Tuesday, February 19, 1985. The purpose of the hearing is to accept public input regarding the City's efforts to obtain land use authority in the City's Coastal Zone. Following the hearing the Carlsbad City Council will consider taking action to adopt the existing Local Coastal Program (LCP) with two proposed amendments. The amendments affect development of slope areas and agricultural lands. City adoption of the LCP would allow formal California Coastal Commission review. This review process could ultimately result in Carlsbad receiving land use and develop- ment permit authority within the City's Coastal Zone. If you have questions, please contact the City's Research/Analysis Group at 438-5618. Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC HEARING ASSUMPTION OF LOCAL COASTAL PROGRAM AUTHORITY IN THE CARLSBADCOASTAL ZONE NOTICE IS HEREBY GIVEN thatthe City Council of the City of Carls- bad will hold a public hearing on Tuesday. January 8. 1985. at 6:00 P.M.. in the City Council Chambers, 1200 Elm Avenue. Carlsbad. Cali- fornia to consider taking action topursue the assumption of LocalCoastal Program Authority in theCarlsbad Coastal Zone. If you have any questions regard- ing this matter, please call the Re- search/Analysis Office at 438-5618. Applicant: City of Carlsbad CARLSBAD CITY COUNCILCJ S634: December 29. 1984 December 29 19 84 19 19. 19 19 1.5M-11 84 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 29th day of / December, 1984 Clerk of the Printer