HomeMy WebLinkAbout1987-04-07; City Council; 8939; Agricultural Mitigation Fees(
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Cl~OF CARLSBAD -AGEND,-,BILL
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MTG. 4/7/87
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RECOMMENDED ACTION:
AGRICULTURAL
MITIGATION FEES
1o-p-H-~-~ C I. U. c:;:t'[X' -
' CITY ATTYV1Z'3
CITY MGR.~
Adopt motion supporting AB 1291-Fraze&, which allows agricultural
mitigation fee3 to be used to provide access to public beaches in the City of Carlsbad.
BACKGROUND
Under the local coastal plan, agricultural lands in Carlsbad which
convert to urban use must pay a mitigation fee of $5-10,000 per acre.
This money is deposited In the State Coastal Conservancy Fund,
It may be used for the following priority purposes:
1) Restoration of Batiquitos Lagoon
2) lnterprative center Buena Vista Lagoon
3) Restoration of Carlsbad beaches
4) Access to beaches in Carlsbad
5) Other activities benefitting coastal resources in Carlsbad
Beach access is being added as an authorized project to make it
possible for the Conservancy to appropriate funds for a stairway
at the seawall. Two stairways were deleted from the project due to lack of funds.
Assemblyman Frazee has been working with the City to broaden the use of these funds.
FISCAL IMPACT
If this bill becomes law, Carlsbad will ~pply for $260,000
for beach access, Agricultural mitigation fees could be collected
from 1,000 acres in the coastal zone over time.
CAUFORNIA LEGISLATURE-1987-AA REGULAR SESSION
ASSEMBLY BILL No. ·1291
Introduced by Assembly Member Frazee
March 3, 1987
An act to amend Section 30171.5 of the Public Resources
Code, relC?ting to coastal resources, and making an
appropriation "therefor.
LEGISLATIVE COUNSEL'S DIGFSI'
AB 1291, as introduced, Frazee. Local coastal program:
City of Carlsbad.
The California Coastal Act of 1976 requires mitigation fees
for development on nonprime agricultural lands in the coastal
zone in the City of Carlsbad outside of specified areas to be
deposited in the State Coastal Conservancy Fund. The fees
are appropriated from the fund to the Stat~ Coastal
Conservancy for expenditure for specified purposes in a
priority order. .
This bill would also appropriate those mitigation fees from
the fund to the conservancy for providing access to public
beaches in the City of Carlsbad.
Vote: %. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
The people of the_ State of California do enact as follows:
1 SECTION 1. Section 30171.5 of the Public Resources
2 Code is amended to read:
3 30171.S. 1 (a) The amount of the mitigation fee for
4 development on nonprime agricultural lands in the
5 coastal zone in the City of Carlsbad that lie outside of the
6 areas described in subdivision (f) of Section 30170 and
7 subdivision (b) of Section 30171 shalrbe determim.J in
99 90
AB 1291 -2-
1 ~e applicable segment of the local coastal program of the
2 City of Carlsbad, but shall ee not be less than five
3 thousand dollars ($5,000), nor more than ten thousand
4 dol~ars (fl0,000), per acre. All mitigation fees collected
5 unchir this section shall be deposited in the State Coastal
6 Conservancy Fund.
7 (b) All mitigation fees collected pursuant to this
8 section • are hereby appropriated to, and shall be
9 • expended by, the State Coastal Conservancy in the
10 following order of priority:
11 ( 1) Restoration of natural resources and wildlife
12 habitat in Batiquitos Lagoon.
13 (2) Development of an interpretive center at Buena
14 Vista Lagoon.
15 (3) Restoration of beaches managed for public u5e in
16 the coastal zone L-i the City of Carlsbad.
17 (4) Provide access to public beaches in the City of
18 Carlsbad.
19 (5) Any other project or activity benefiting.natural
20 resources in the coastal zone in the City of Carlsbad that
21 is provided for in the local coastal program of the City of
22 Carlsbad.
. 0.