HomeMy WebLinkAbout2004-07-06; City Council; 17702; Agricultural mitigation fee programAB# 17,702 TITLE:
AGRICULTURAL MITIGATION FEE PROGRAM
ZCA 04-04lLCPA 03-06 MTG. 7-6-04
DEPT. PLNN
RECOMMENDED ACTION:
DEPT.HD. *
CITY ATTY.
CITY MGR
e
That the City Council INTRODUCE Ordinance No. , APPROVING an amendment to
the Zoning Ordinance to establish the City as administrator of the City’s Agricultural Mitigation Fee
Program and to clarify the allowable uses of the Program (ZCA 04-04), and ADOPT Resolution No.
, APPROVING a Local Coastal Program Amendment (LCPA 03-06), based upon the
findings contained therein.
NS-711
2004-227
ITEM EXPLANATION:
The City of Carlsbad has been subject to various agricultural mitigation programs whereby fees are
generated as a condition of approval for the development of the certain properties within the city’s
coastal zone. Currently, two programs are administered by the State Coastal Conservancy: (1) a Statutory Program that is subject to a priority-based list of allowed fund uses and provides for 50% of
the funds to be expended for Batiquitos Lagoon; and (2) a City Local Coastal Program (LCP) fund
that is similar to the Statutory Program but differs with regards to the specific wording of allowable
uses and promotes the concept of prolonging agricultural uses in the city while recognizing them as
transitional land uses. Also, the City LCP fund does not contain the 50% provision for Batiquitos
Lagoon like the Statutory Program does.
Both Programs are consistent with State Law; the Statutory Program is outlined in Public Resources
Code section 30171.5 while the City’s LCP Program received Coastal Commission approval in 1996
and is contained in the City’s zoning ordinance (21.202.060) and Mello II Local Coastal Program
(Option 3 of Policy 2-1).
The background and details of the City’s LCP Program are contained in the attached Planning
Commission staff report. This action is a follow-through item from 1999 when the State Coastal
Conservancy transferred the applicable funds designated for this LCP account to the City of
Carlsbad (approximately $2.8 million). Currently, the above referenced city zoning ordinance and
LCP name the State Coastal Conservancy as administrator of the City Program. An amendment to
the LCP is required to designate the City as the administrator. At the same time, clarification is
proposed for the City program’s allowable uses. The staff report attachments contain proposed
wording as well as strike-out versions of the zoning and LCP text. The proposed amendments do
not constitute an expansion of the Program or its allowable uses. The proposed text clarifies the use
of the Program funds for certain intended uses and places them on an equal basis with regards to
applying for the funds. One significant procedural change that is being proposed is the formation of
an advisory committee that could follow Council approved guidelines in implementing the LCP
Program to provide for objective distribution of the funds and stakeholder participation.
On March 17, 2004, the Planning Commission considered ZCA 04-04/LCPA 03-06 and voted
unanimously to support the amendments to designate the City as administrator of the LCP
Agricultural Mitigation Fee Program. The State Coastal Conservancy’s control and administration of
the Statutory Program is subject to the specifics of Public Resources Code section 30171.5, and is
unaffected by this action and remains unchanged.
With Council approval of this request, LCPA 03-06 will be submitted for Coastal Commission
consideration and will require their approval prior to final approval and Program implementation.
I
PAGE 2 OF AGENDA BILL NO. 17,702
ENVIRONMENTAL:
The Planning Commission has determined that the proposed project qualifies for a Class 7
Exemption from environmental review as provided by the California Environmental Quality Act
(CEQA). This exemption applies to actions by regulatory agencies for the protection of natural
resources that do not involve construction activities. The administrative amendments proposed with
this action for an existing program within the city’s zoning ordinance and local coastal program
qualify for this Class 7 exemption.
FISCAL IMPACT:
An anticipated fiscal impact would be from staff time required to complete the LCP amendment
process through the Coastal Commission, and to assist with Program implementation and advisory
committee activities. These fiscal impacts would not be significant and will not adversely impact City
services or programs.
EXHIBITS:
1.
2.
3.
4.
5.
6.
7.
City Council Ordinance No. NS-711
City Council Resolution No. 2004-227
Memo to the City Council, dated May 28, 2004
UnderlineEtrike-out Version of City Council Ordinance
Planning Commission Resolutions No. 5584 and 5585
Staff Report to the Planning Commission, dated March 17,2004
Excerpts of Planning Commission Minutes, dated March 17, 2004.
DEPARTMENT CONTACT: Eric Munoz (760) 602-4608, emuno@ci.carlsbad.ca.us
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. Aqricultural Conversion Mitiqation 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 policies a
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
or 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 day of 2004, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
-2- 3
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
RESOLUTION NO. 2004-227
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A LOCAL COASTAL
PROGRAM AMENDMENT TO ESTABLISH THE CITY OF
CARLSBAD AS THE ADMINISTRATOR OF THE
AGRICULTURAL MITIGATION FEES PROGRAM.
CASE NAME: AGRICULTURAL MITIGATION FEE PROGRAM
CASE NO.: LCPA 03-06
WHEREAS, pursuant to the provisions of the Municipal Code, the Plan ing
Commission did, on March 17, 2004, hold a duly noticed public hearing as prescribed by law to
consider a Local Coastal Program Amendment, and recommended their approval; and
WHEREAS, the City Council of the City of Carlsbad, California, on the 6‘h day of
July 2004, held a duly noticed public hearing to consider said Local Coastal Program
Amendment, and at that time received recommendations, objections, protests, and comments
from all persons interested in or opposed to LCPA 03-06.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That the above recitations are true and correct.
2. That the findings of the Planning Commission as contained in Planning
Commission Resolutions No. 5584 and 5585, are incorporated herein by reference and are the
findings of the City Council.
3. That the amendment to the Local Coastal Program Amendment (LCPA 03-
06) is approved as shown:
“ODtion 3 - Aaricultural Conversion Mitiaation 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 $5,000 nor more than $10,000 per net converted acre of agricultural land and
shall reflect the approximate cost of preserving prime agricultural land pursuant to the off-site
mitigation program (Option 1). 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
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:
E-% 3 5
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
a) Coastal and lagoon environment acquisition, maintenance, management
and/or restoration involving wildlife habitat, open space presetvation or
aq uacu It u re.
b) 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.
c) 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.
d) Improvements to existing or proposed lagoon nature centers.”
1. That the approval of LCPA 03-06 shall not become effective until it is
approved by the California Coastal Commission.”
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 A
ATTEST:
(SEAL)
-2- 6
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
RESOLUTION NO. 2004-227
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A LOCAL COASTAL
PROGRAM AMENDMENT TO ESTABLISH THE CITY OF
CARLSBAD AS THE ADMINISTRATOR OF THE
AGRICULTURAL MITIGATION FEES P
CASE NAME: AGRICULTURAL MlTl
CASE NO.: LCPA 03-06
WHEREAS, pursuant to the pr
Commission did, on March 17, 2004, hold a dul
consider a Local Coastal Program Amendment, and recommended their approval; and
WHEREAS, the the City of Carlsbad, California, on the day
public hearing to consider said Local Coastal
Program recommendations, objections, protests, and
of
to LCPA 03-06.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does
hereby resolve as follon
hat the a ove r citations are true and correct. la u
2. Tha the findings of the Planning Commission as contained in Planning
Commission Resolutio k No. 5584 and 5585, are incorporated herein by reference and are the
findings of theCiQ Coun 4
3. That the amendment to the Local Coastal Program Amendment (LCPA 03-
06) is approved as shown in Planning Commission Resolution No. 5585, on file with the City
Clerk and incorporated herein by reference.
4. That the approval of LCPA 03-06 shall not become effective until it is
the California Coastal Commission. ....
... J
....
. . ..
. . ..
....
.... la
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2c
21
22
23
24
22
2t
2:
2f
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2004, by the following vote, to wit:
AYES:
NOES:
ATTEST:
LORRAINE M. WOOD, City Clerk
J
-2-
MAY 28,2004 EXHIBIT 3
TO: CITY COUNCIL
VIA: City Manager
FROM: Planning Director
ZCA 04-041LCPA 03-06 - AGRICULTURE MITIGATION FEE PROGRAM
Subsequent to Planning Commission consideration of this item and based upon additional
internal staff review, several minor text revisions to the zone code amendment wording are
being recommended as follows (new wording is in bold type and underlined and deleted
wording is shown with strike-out):
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 of
Carlsbad subject to the recommendations of an advisory committee to be established by City
Council resoIutiona&xt. The advisory committee shall have city staff and community
representation. The intent is not to establish priorities for Program use, but rather to promote
ecptkbkreasonable distribution amongst the allowable uses outlined below. The advisory
committee may also develop policies or procedures for the review of requests and the allocation
of funds. The Citv Council shall make all final decisions reuardinu 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 or open space preservation.
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)
The City Council Ordinance recommended for introduction and contained in the Agenda Bill
includes these recommended revisions. These revisions will also be incorporated into the text
of the Local Coastal Program Amendment which will be submitted to the Coastal Commission
for approval.
EXHIBIT 4
UNDERLINEISTRIKE-OUT VERSION OF CITY COUNCIL ORDINANCE
“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 S4a.t~
-Citv of Carlsbad LCP Aqricultural Mitiqation Fees Program and shall
be expended by the Citv of Carlsbad-
pw4y subiect to the recommendations of an advisory committee to be established bv
Citv Council resolution. The advisory committee shall have citv staff and communitv
representation. The intent is not to establish priorities for Proqram use. but rather to
promote reasonable distribution amonqst the allowable uses outlined below. The
advisory committee may also develop policies or procedures for the review of requests
and the allocation of funds. The Citv Council shall make all final decisions regardinq the
use of the funds. The allowable uses for the Aqricultural Mitigation Fees are:
.. .. .. 1. fi
&; ccwd. Coastal and laqoon environment acquisition, maintenance,
management andlor restoration involvinq wildlife habitat or open space
preservation
2. cf scT)(c: 2! Ema-vis+&ageef3 . Purchase,
improvement andlor 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 in the Citv‘s
Coastal Zone, including but not limited to farm worker housing.
Restoration and maintenance of beaches for public use includinq but not
limited to: local and reqional sand replenishment proqrams, vertical and
lateral beach access improvements, trails, roadwav, and other beach-related
improvements that enhance accessibilitv, parkinq and/or use.
3. -r cf $ ir: - in tb6tty.
.. ..
tkc cl+thid is ptwAd-h I:: tk see. .. 4.
Improvements to existinq or proposed lagoon nature centers.
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
EXHIBIT 5
PLANNING COMMISSION RESOLUTION NO. 5584
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO
TOR OF THE AGRICULTURAL CONVERSION MITIGATION
FEE PROGRAM, AND TO UPDATE THE LIST OF
ALLOWABLE USES FOR THE PROGRAM.
CASE NAME: AGNCULTURAL MITIGATION FEE
ESTABLISH THE CITY OF CARLSBAD AS ADMINISTRA-
PROGRAM
CASE NO: ZCA 04-04
WHEREAS, the Planning Director has prepared a proposed Zone Code
Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to establish the City
of Carlsbad as the administrator for the Agricultural Conversion Mitigation Fee Program
and to update the list of allowable uses for the Program; and
WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibit “X” dated March 17, 2004, attached hereto AGRICULTURAL
MITIGATION FEE PROGRAM - ZCA 04-04; and
WHEREAS, the Planning Commission did on the 17th day of March 2004, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of the AGRICULTURAL MITIGATION
FEE PROGRAM - ZCA 04-04, based on the following findings:
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
Findinps:
1. That the proposed Zone COLZ Amendment ZCA 04- I is consistent with the General
Plan in that it provides for City implementation and administration for a program
that is already in the City’s Local Coastal Program and zoning ordinance and is in
need of revision to update the list of allowable uses and to transfer administration
from the State Coastal Conservancy to the City of Carlsbad per agreement.
2. That the proposed ZCA reflects sound principles of good planning in that the agreement
to allow for City administration of the Agricultural Mitigation Fee Program has
been in place since 1998 with the State Coastal Conservancy and funds were
transferred into a City account in 1999. The local administration of this program
will optimize the use of the funds while remaining consistent with original objectives
of promoting agriculture, environmental restoration and maintenance, and
enhanced public safety and use in the City’s Coastal Zone as funded by properties
that convert from agricultural to urban uses.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 17th day of March 2004, by the following vote,
to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: .
MICHAEL J. HWZMIL~R
Planning Director
PC RES0 NO. 5584 -2- ll
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
PLANNING COMMISSION RESOLUTION NO. 5585
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD
LOCAL COASTAL PROGRAM TO ESTABLISH THE CITY AS
THE ADMINISTRATOR OF THE AGRICULTURAL
CONVERSION MITIGATION FEE PROGRAM, AND TO
UPDATE THE LIST OF ALLOWABLE USES FOR THE
PROGRAM.
CASE NAME: AGRICULTURAL MITIGATION FEE
PROGRAM.
CASE NO: LCPA 03-06
WHEREAS, California State law requires that the Local Coastal Program,
General Plan, and Zoning Ordinance in the Coastal Zone be in conformance; and
WHEREAS, the City of Carlsbad has filed a verified application for an
amendment to the Mello II Local Coastal Program to establish the City as administrator of the
Agricultural Mitigation Fee Program with a revised and updated list of allowable uses for
the Program; and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit “Y” dated March 17, 2004, attached hereto and
made a part hereof, as provided in Public Resources Code Section 30574 and Article 15 of
Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the
California Coastal Commission Administrative Regulations; and
WHEREAS, the Planning Commission did on the 17th day of March 2004, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Local Coastal Program Amendment; and
WHEREAS, State Coastal Guidelines requires a six week public review period
la for any amendment to the Local Coastal 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
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
B) At the end of the State mandated six week review period, starting on February 5,
2004, and ending on March 18, 2004, staff shall present to the City Council a
summary of the comments received.
C) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of AGRICULTURAL MITIGATION FEE
PROGRAM - LCPA 03-06, based on the following findings, and subject to the
following conditions:
Fin dines:
1.
2.
...
...
...
...
...
...
...
...
That the proposed Local Coastal Program Amendment meets the requirements of, and is
in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
of the Mello I1 segment of the Carlsbad Local Coastal Program not being amended by
this amendment, in that this amendment formally designates the City of Carlsbad as
the administrator of the Agricultural Mitigation Fee Program whereas currently the
State Coastal Conservancy is designated in the LCP and zoning ordinance. This
amendment will also update the list of allowable uses for the Program.
Implementation of this program has not, and will not, create any conflicts or
inconsistencies with other elements of the City’s Local Coastal Program.
That the proposed amendment to the Mello I1 segment of the Carlsbad Local Coastal
Program is required to bring it into consistency with the zoning ordinance since they
both currently designate the State Coastal Conservancy as administrator of the
existing program.
PC RES0 NO. 5585 -2-
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
PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on the 17th day of March 2004, by the following vote,
to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5585 -3-
Exhibit “Y
March 17,2004
Option 3 - Aqricultural Conversion Mitiqation Fee
In lieu of the procedures established by subsection 6 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
$5,000 nor more than $10,000 per net converted acre of agricultural land and shall reflect the
approximate cost of preserving prime agricultural land pursuant to the off-site mitigation
program (Option 1). 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 Fund and shall be expended by the City of Carlsbad
subject to the recommendations of an advisory committee to be established by City Council
action. The advisory committee shall have city staff and community representation. The intent
is not to establish priorities for Fund use, but rather to promote equitable distribution amongst
the allowable uses outlined below. The advisory committee may also develop policies or
procedures for the review of requests and the allocation of funds. The allowable uses for the
Agricultural Mitigation Fees are:
Coastal and lagoon environment acquisition, maintenance, management and/or
restoration involving wildlife habitat or open space preservation.
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.
EXHIBIT 6
The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No. @
P.C. AGENDA OF: March 17,2004
Application coniplete date: February 2, 2004
Project Planner: Eric Munoz
Project Engineer: NIA
SUBJECT: ZCA 04-04/LCPA 03-06 - AGRICULTURAL MITIGATION FEE PROGRAM
- Request for a Zone Code Amendment and Local Coastal Program Amendment
to replace the State Coastal Conservancy with the City of Carlsbad as
administrator of the Agricultural Mitigation Fee Program and to update the list of
allowable uses for the program within the Mello I1 segment of the City’s Coastal
Zone.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 5584 and 5585
RECOMMENDING APPROVAL of ZCA 04-04 and LCPA 03-06, respectively, based on the
findings and subject to the conditions contained therein.
11. INTRODUCTION
The City’s Agricultural Mitigation Fee Program is established by the Zoning Ordinance as well
as the Mello I1 segment of the City’s Local Coastal Program (LCP). The Agricultural Mitigation
Fee Program regulates certain designated properties within the Coastal Zone and subjects them to
a mitigation fee when agricultural uses are converted to urban uses. Over time, these fees have
been collected by the State Coastal Conservancy (SCC). Administration of the Program has also
been carried out by the SCC per a prioritized list of allowable uses. Both the SCC authorization
to administer the Program, as well the existing list of uses, are currently outlined in the Zoning
Ordinance and Mello I1 LCP.
In 1998, an agreement between the City and the SCC resulted in the March 1999 transfer of
funds into a City account that now totals approximately $6 million. Part of the agreement was
also to designate the City as Program administrator, replacing the SCC. Since the current list is
outdated, an updated list of allowable uses is proposed. Therefore, this effort requires a Zone
Code Amendment (ZCA 04-04), and Local Coastal Program Amendment (LCPA 03-06), to
designate the City as Administrator of the funds and to update the list of allowable uses.
111. PROJECT DESCRIPTION AND BACKGROUND
The City’s General Plan recognizes agriculture as a transitional use in the City, giving way over
time to planned residential and other development. Certain programs and policies exist,
however, with the intention of prolonging the presence of agricultural uses. The Agricultural
Mitigation Fee Program assesses a fee for the conversion of agricultural lands within the Mello I1
LCP segment into urban uses. The funds in this Program currently total approximately $6
ZCA 04-04/LCPA 03-06 - AGRICULTURAL MITIGATION FEE PROGRAM
March 17,2004
million, and can provide a great benefit to the coastal zone by implementing a revised list of uses
under the City’s administration. Approximately 30 parcels of varying sizes are still subject to the
Program and conversion fee (currently about $8,858 per acre). A map of the properties still
subject to the fee is provided as Exhibit 5.
The existing list of allowable uses for the Agricultural Mitigation Fee Program is contained
within Policy 2-1, Conservation of Agricultural Lands, of the Mello I1 segment of the City’s
LCP. This policy has been in effect for over twenty years, and was reinforced as a City program
in 1996 when the City was granted Coastal permit authority for the Mello I1 segment. At that
time, the zoning ordinance was amended to include a provision for this Program in Chapter
21.202, the Coastal Agriculture Overlay Zone. Both the LCP policy and zoning ordinance are
proposed for amendment. Both documents contain a list of allowable Program uses; the list is in
need of revision because certain objectives or projects have been completed (such as the
restoration of Batiquitos Lagoon or the interpretive center at Buena Vista Lagoon). The existing
lists are also in priority order, which staff is recommending for revision. The proposed changes
to the list of allowable Program uses is intended to be more flexible than the previous lists while
not deviating from the primary objectives of assisting agricultural uses in the City, or enhancing
the environment and use of coastal zone areas.
The priority-based list is proposed to be replaced by an advisory committee, which would be
established by separate Council action. The committee would be charged with the equitable
distribution of Program funds amongst the uses listed.
IV. ANALYSIS
The staff recommendation for approval was developed by analyzing the proposal’s consistency
with applicable policies and regulations.
A.
B.
C. Local Coastal Program.
General Plan (Land Use Element and Open Space and Conservation Element);
Zoning Ordinance (Section 2 1.202.060 D); and
A. General Plan
The General Plan Elements that address agricultural uses in the City are the Land Use Element
and the Open Space and Conservation Element. The City LCP and Agricultural Mitigation Fee
Program assessing Mello I1 properties for conversion to urban uses are consistent with goals and
policies contained in the pertinent General Plan Elements. The following Table A identifies
General Plan goals and objectives relevant to the proposal and outlines project compliance.
ZCA 04-04/LCPA 03-06 - AGRICULTURAL MITIGATION FEE PROGRAM
March 17, 2004
By administering and updating the
existing LCP Agricultural
Mitigation Fee Program, the City
fulfills this General Plan Goal.
ELEMENT
Yes
Open Space &
Conservation
The Program fulfills this Policy by
assessing a fee per acre when
agricultural lands are proposed for
conversion to urban uses.
TABLE A - GEN
USE,
CLASSIFICATION,
GOAL, OBJECTIVE,
OR PROGRAM
Goal A.2 requires City
support for agriculture
while planning for
possible transition to
urban uses.
Yes
RAL PLAN COMPLIANCE
IMPROVEMENTS
Implementing Policy C.7
discourages the
premature elimination of
aericultural land.
Therefore, the proposed ZCA and LCPA are consistent with the General Plan.
B. Zoning Ordinance
The Zoning Ordinance provides for the Agricultural Mitigation Fee Program in Chapter 21.202,
the Coastal Agriculture Overlay Zone. Specifically, Section 2 1.202.060 outlines the regulations
for development of coastal agricultural land. The code section including 21.202.060 D -
Agricultural Conversion Mitigation Fee, is proposed for amendment to replace the State Coastal
Conservancy with the City of Carlsbad as administrator of the Program. In addition, the list of
allowable uses is also proposed for amendment to update the list. These amendments are
outlined in Attachment 3 to this report as a strikeout version of the zoning ordinance text.
Planning Commission Resolution No. 5584 (ZCA 04-04) contains the City Council Ordinance,
which would formally amend the zoning ordinance text.
C. Local Coastal Program
The Mello I1 segment of the City’s Local Coastal Program establishes the Agricultural Mitigation
Fee Program as one of three options for addressing the potential development of agricultural
lands. The proposed text changes to the existing policy are shown on Attachment No. 4 as a
strikeout version of the applicable section of the Mello 11 LCP document. Exhibit “Y,” attached
to Planning Commission Resolution No. 5585 (LCPA 03-06) contains the text amendment for
the Mello I1 LCP policy. The LCPA needs to be processed and approved by the California
Coastal Commission before becoming effective.
V. ENVIRONMENTAL REVIEW
This project qualifies for a Class 7 Exemption (Section 15307) as allowed by the California
Environmental Quality Act for Actions by Regulatory Agencies for Protection of Natural
Resources that does not involve construction activities. The Agricultural Mitigation Fee
Program is an existing program that has not adversely impacted the environmental in its previous
implementation. The revised and updated list of allowable uses for Program funds, and the
I8
ZCA 04-04/LCPA 03-06 - AGRICULTURAL MITIGATION FEE PROGRAM
March 17, 2004
designation of the City of Carlsbad replacing the State Coastal Conservancy as Program
administrator, will not create any significant adverse environmental impacts. A Notice of
Exemption will be filed after City Council action has been completed.
ATTACHMENTS:
1.
2.
3.
4.
5.
Planning Commission Resolution No. 5584 (ZCA)
Planning Commission Resolution No. 5585 (LCPA)
Strikeout Version of Zoning Ordinance
Strikeout Version of LCP Policy
Map of parcels subject to Fee Program (Agricultural Lands - Updated Map X)
19
Attachment 3
March 17, 2004
"21.202.060 D. Agricultural Conversion Mitigation Fee. 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 anmhe State
subject to the City of Carlsbad -r sf pwtty
recommendations of an advisory committee to be established by City Council action.
The advisory committee shall have city staff and community representation. The intent
is not to establish priorities for Program use, but rather to promote equitable distribution
amongst the allowable uses outlined below. The advisory committee may also develop
policies or procedures for the review of requests and the allocation of funds. The
allowable uses for the Agricultural Mitigation Fees are:
..
.. .. .. 1. l+&eEAM cffs LW
&+awwtI. Coastal and lagoon environment acquisition, maintenance,
management and/or restoration involving wildlife habitat or open space
preservation
2. gevelefwrw:::? cf p cc&r 2! 4&wM-wS!s L2lgeeR . 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 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, roadway, and other beach-related
improvements that enhance accessibility, parking and/or use.
3. fi i:: the-aty.
.. 4. -?cry
In IC I " "I
Improvements to existing or proposed lagoon nature centers.
Attachment 4
Mello II LCP Policy 2-1
March 17, 2004
Option 3 - Aqricultural Conversion Mitiqation Fee
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
$5,000 nor more than $10,000 per net converted acre of agricultural land and shall reflect the
approximate cost of preserving prime agricultural land pursuant to the off-site mitigation
program (Option 1). 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 SkAW&&A
Gemawwy City of Carlsbad LCP Agricultural Mitigation Fees Fund and shall be expended
subject to by the City of Carlsbad
the recommendations of an advisory committee to be established by City Council action.
The advisory committee shall have city staff and community representation. The intent
is not to establish priorities for Fund use, but rather to promote equitable distribution
amongst the allowable uses outlined below. The advisory committee may also develop
policies or procedures for the review of requests and the allocation of funds. The
allowable uses for the Agricultural Mitigation Fees are:
..
2 Coastal
and lagoon environment acquisition, maintenance, management andlor
restoration involving wildlife habitat or open space preservation.
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 in the City's
Coastal Zone, including but not limited to farm worker housing.
Gadsbad 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.
.. .. ..
en vv a Purchase,
n/ VI
Improvements to existing or proposed lagoon nature centers.
Attachment 5
Planning Commission Minutes March 17, 2004 EXHIBIT 7 Page 21
Chairperson White closed the public hearing and asked Mr. Neu to introduce the next Item.
7. ZCA O-O4/LCPA 03-06 - AGRICULTURAL MITIGATION FEE PROGRAM - Request for a Zone
Code Amendment and Local Coastal Program Amendment to replace the State Coastal
Conservancy with the City of Carlsbad as administrator of the Agricultural Mitigation Fee Program
and to update the list of allowable uses for the program within the Mello II segment of the City’s
Coastal Zone.
Mr. Neu introduced Item 7 and stated that Senior Planner, Eric Munoz, would make the presentation.
Chairperson White opened the public hearing.
Senior Planner, Eric Munoz, presented the Staff Report stating that the Agricultural Mitigation Fee
Program is a Zone Code Amendment and Local Coastal Program Amendment. Funds are collected from
the conversion of designated agricultural lands in the Mello II Local Coastal Program. The state Coastal
Conservancy is the currently named administrator of the program and it needs to change administration
to the City of Carlsbad. The funds transferred from the state to the City in 1999, but only now is the
transfer to the City of Carlsbad taking place. A new and revised list of uses is being proposed. He
emphasized that the City was not expanding the program or adding new potential uses of the fund to the
program. The funds could be potentially used for many things, all of which are currently allowed by the
existing list, but the existing list is outdated. Some clarifications in the new list, such as aquaculture,
farmworker housing, and roadway improvements, would have been allowed under the old list. The
program is frozen in terms of its intent and properties. This is an administrative change. It requires a change to the Zoning Ordinance and the Local Coastal Program, which will be submitted to the Coastal
Commission after City Council action. He stated that Staff was proposing for the distribution of the funds, future City Council action to establish an advisory committee so that they can review and award funds for
this program.
Chairperson White acknowledged that the Commission received the errata sheet.
Chairperson White noted that the City was the applicant, hence no presentation by the applicant would be
necessary. She opened public testimony and invited those who would like to speak to the podium.
Seeing none, she closed public testimony.
DISCUSSION
Commissioner Dominguez asked what the confusion was with the gentlemen who thought that they
should be on the maps but were not. Mr. Munoz stated that the Tabata family may be on the map as they
had a cluster of properties in the area. He stated that they had a parcel on Black Rail Court next to the
Twin D water tank site that may be on the map. He stated that he would clarify it with the family the
following day.
MOTION
ACTION: Motion by Commissioner Whitton, and duly seconded, that the Planning
Commission adopt Planning Commission Resolutions No. 5584 and 5585
recommending approval of ZCA 04-04 and LCPA 03-06, respectively, based on
the findings and subject to the conditions contained therein.
Baker, Dominguez, Heineman, Montgomery, Segall, White, and Whitton
VOTE: 7-0
AYES:
NOES: None
Chairperson White closed the public hearing and thanked Staff for their presentation.
PLANNING COMMISSION COMMENTS
None
a3
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public
hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO
p.m. on Tuesday, July 6, 2004, to consider a request for a Zone Code Amendment and Local
Coastal Program Amendment to replace the State Coastal Conservancy with the City of
Carlsbad as administrator of the Agricultural Mitigation Fee Program and to update the list of
allowable uses for the program within the Mello II segment of the City’s Coastal Zone.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the agenda bill will be available on and after July 2, 2004. If you have any
questions, please call Eric Munoz in the Planning Department at (760) 602-4608.
If you challenge the Zone Code Amendment and/or Local Coastal Program Amendment in
court, you may be limited to raising only those issues you or someone else raised at the public
hearing described in this notice or in written correspondence delivered to the City of Carlsbad,
Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public
hearing.
CASE FILE: ZCA 04-04lLCPA 03-06
CASE NAME: AGRICULTURAL MITIGATION FEE PROGRAM
PUBLISH: June 25.2004
CITY OF CARLSBAD
CITY COUNCIL
Marilyn Strong - Farmworker Housing; AGENDA ITEM #
Page 1 of 1
From: Jenny <jennysb777@yahoo.com>
To: <mstro@ci.carlsbad.ca.us>
Date: 06/29/2004 1 1 : 14 AM
Subject: Farmworker Housing
City Council
City Manager
City Attorney
City Clerk
I just wanted to express my support for farmworker housing. As a law student I find many of our immigration
policies in strong need of restructuring. As a person, I am truly inspired by the hard work and dedication
farmworkers show every single day as they work in horrid conditions to insure that their families are fed. It is truly
inspirational, and their type of work ethic defines our American character. Please help support farmworker housing,
this is not a third world country so we need to insure that people who show this inspirational work ethic get at least
respectable housing.
Jennifer Belcher
Do you Yahoo!?
New and Improved Yahoo! Mail - lOOMl3 free storage!
file://C:\Documents%2Oand%20Settings\mstro.000\Loca1%2OSettings\Temp\GW} 0000 1 .HTM 06/29/2004
Page 1 of 1
Marilyn Strong
From: "schraeger" <schraeger@dslextreme.com>
To: <mstro@ci.carlsbad.ca.us>
Date: 06/29/2004 1251 PM
Members of the Carlsbad City Council:
We would like to inform you that we support your voting in favor of the use of Ag Mitigation Funds for Farmworker Housing in Carlsbad.
We would like to think that our city has a heart and will do the right thing in this regard.
Robert & Mary Schraeger
6154 Paseo Jaquita
Carlsbad 92009
AGENDAITEM #
c: Mayor
City Council
City Manager
City Attorney
Cityclerk
file://C:\Documents%20and%20Settings\mstro.OOO\Local%2OSettings\Temp\GW} 0000 1 .HTM 06/29/2004
FARM WORKER HOUSING COORDINATING COMMITTEE
1808 ASTON AVENUE, SUITE 240
CARLSBAD, CALIFORNIA 92008
Phone 760 438-1 222; Fax 760 438-7888
wischawisch kaemper.com
June 30,2004
Via Telefax and US. Mail
City Coansll
City ?:'ansgcr
City AttGrney
Mayor Claude A. Lewis and
Members of the Carlsbad City Council City of Carlsbad City Clerk
1200 Carlsbad Village Drive - Carlsbad, California 92008 ___13_1
Re: Farmworkers ' Housing/Agricultural Mitigation Funds
Dear Mayor Lewis and Members of the City Council:
The agenda for the City Council meeting on July 6 includes discussion of the
Planning Commission action regarding the Agricultural Mitigation Funds. You should
expect to see people in the audience wearing green ribbons to support approval of the
proposed action, which would allow use of those finds for farmworker housing. I expect
to attend, although I will be in Oakland on business earlier on the day and may not be
able to return in time to address the Council.
Our committee is aware that at least the President of the Batiquitos Lagoon
Foundation has lobbied first the Coastal Commission and then some or all of the
members of the City Council either to forbid or restrict the use of the funds for
farmworker housing.
We have been surprised that Mr. Schulberg, who is the President of the Batiquitos
Lagoon Foundation, has not disclosed in any of his communications with the Coastal
Commission or the City the natural conflict of interest he has in this matter. Mr.
Schulberg is a planning consultant who works with Planning Systems. That company
counts in its major clients both San Diego Gas and Electric and Lennar Corporation.
SDG&E has taken a very public stand against housing at Hub Park. Lennar has spent
considerable time and money investigating the possibility of purchasing the 250 acres
which include Hub Park. We do not know if Mr. Schulberg's relationship with the two
clients has any influence on the position he has taken, but we believe his relationship with
SDG&E and Lennar should be acknowledged.
Mr. Schulberg 's opinion about restrictions on the Agricultural Mitigation Fund
which would limit its use for farmworker housing is wrong. As Mr. Holtzmiller
determined after careful research, there has been considerable confusion about the
Mayor Lewis & Members of the Carlsbad City Council
June 30,2004
Page 2
L.
multiple programs passed over time related to this area. The bottom line is that the
existing fund mixes moneys from at least three different programs. The total is now
approximately six million dollars and expected to rise to about eight million. Of that,
approximately one million is reserved for the potential of buying the flower fields and
comes from funds paid by the developer of Carlsbad Ranch. Another small portion came
from funds paid into a program largely earmarked for use in the Lagoons for
environmental use. This is the program which required that half of the funds be used for
Batiquitos Lagoon to which Mr. Schulberg refers. (In fact, Mr. Holtzmiller was uncertain
that any of those funds still remain when I spoke with him last; the Costal Conservancy,
which provides the accounting, did not tell him if anything was still available in that
program.) The great bulk of the six million dollars, and the additional two million dollars
which arc expected tc come intto the fi~nds, ccme from a local program adopted in I985
as part of the Mello I and Mello I1 districts, and is specifically designed to be used for
agricultural mitigation. This is entirely different than the program designed to protect the
Batiquitos Lagoon.
The local program was designed to promote agricultural mitigation. Farm worker
housing is an excellent use for that purpose. Agriculture cannot continue unless the labor
is available to make it happen. As we all have discussed at length, it is extremely difficult
for farm workers to be able to afford to live and commute to the agricultural locations in
Carlsbad. A location where the farm workers could live would help continue to provide
the necessary labor.
This Committee does not believe it would be appropriate to use money earmarked
for the Batiquitos Lagoon for farmworker housing. Similarly, it does not believe it would
be appropriate to use money earmarked for agricultural mitigation to perform
environmental mitigation on the Batiquitos Lagoon.
We understand Mr. Schulberg originally approached the Coastal Commission to
attempt to persuade them that his view of the law was correct. After your Planning
Department met with the staff of the Coastal Commission, they agree the funds are not
subject to the provision which Mr. Schulberg urges.
The Council will recall that the vote against the use of almost a half million dollars
of CDBG money recommended by the citizen committee was based in part on the fact
that the Agricultural Mitigation Funds are far more appropriate for this purpose. That
remains true. The passage of the current proposal leaves for another day any specific
request for funds for farm worker housing, and such a request is premature at this time.
However, the passage of this proposal will make it possible for the Planning Commission
and City Council to make that determination when the time is appropriate.
Mayor Lewis & Members of the Carlsbad City Council
June 30,2004
Page 3
We believe the City Council is well aware that our Committee and others continue
to work diligently and cooperatively with the city staff to find a solution to this problem.
Members of our Committee are constantly amazed at the depth of public support for a
solution. Passage of this proposal is crucial to have the opportunity to find a realistic
solution.
Our committee supports the proposal made by the Planning Department and
approved by the Planning Commission, and asks that the City Council pass that
provision.
Sincerely, ,,
cc: Ray Patchett (Via telefax only)
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
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 the principal clerk of the
printer of
North County Times
Fomeriy ‘r;ncj\;v.r, as +l-c- Lllu DlaAe_Pit;7eq YILIUr UILlvUll ?,d The
Times-Advocate and which newspapers have been
adjudicated newspapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree number
171349, for the County of San Diego, that the
notice of which the annexed is a printed copy (set
in type not smaller than nonpariel), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at SAN MARCOS California
This :*Q Day of June, 2004
Signature
Legal Advertising
(LJNORTH COUNTY TIMES
This space is for the County Clerk’s Filing Stamp
Proof of Publication of
Those persons wishing to speak on this proposal are cordially invited to attend the public hearmg. Copies of the a enda bill will be avallable on and after July 2 2j04. If you have any, questions please call kric Munoz in the Planning Depad ment at (760) 602-4608.
I I CASE FILE:ZCA 04-04/LCPA 03-06
CASE NAME: AGRICULTURAL MlTlGATlO FEE PROGRAM NCT 1654259 June 25,2004
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public
hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO
p.m. on Tuesday, July 6, 2004, to consider a request for a Zone Code Amendment and Local
Coastal Program Amendment to replace the State Coastal Conservancy with the City of
Carlsbad as administrator of the Agricultural Mitigation Fee Program and to update the list of
allowable uses for the program within the Mello I1 segment of the City’s Coastal Zone.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the agenda bill will be available on and after July 2, 2004. If you have any
questions, please call Eric Munoz in the Planning Department at (760) 602-4608.
If you challenge the Zone Code Amendment and/or Local Coastal Program Amendment in
court, you may be limited to raising only those issues you or someone else raised at the public
hearing described in this notice or in written correspondence delivered to the City of Carlsbad,
Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public
hearing.
CASE FILE: ZCA 04-04ILCPA 03-06
CASE NAME: AGRICULTURAL MITIGATION FEE PROGRAM
PUBLISH: June 25,2004
CITY OF CARLSBAD
CITY COUNCIL
CARLSBAD' UNIF SCHOOL DlST
6225 EL CAMINO REAL
CARLSBAD CA 92009 SAN MARCOS CA 92069 ENClNlTAS CA 92024
SAN MARCOS SCHOOL DlST
1 CIVIC CENTER DR ENClNlTAS SCHOOL DIST
101 RANCHO SANTA FE RD
SAN DIEGUITO SCHOOL DlST
701 ENClNlTAS BLVD TIM JOCHEN 1966 OLIVENHAIN RD
ENClNlTAS CA 92024 1960 LA COSTA AVE ENClNlTAS CA 92024
CARLSBAD CA 92009
LEUCADIA WASTE WATER DlST OLlVENHAl N WATER D IST
CITY OF ENClNlTAS
505 S VULCAN AVE
ENClNlTAS CA 92024
CITY OF VISTA
PO BOX 1988
VISTA CA 92085
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949 OCEANSIDE CA 92054
CITY OF OCEANSIDE
300 NORTH COAST HWY
I.P. U.A.
SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
VALL E C IT0 S WATE R D I ST
201 VALLECITOS DE OR0
SAN MARCOS CA 92069
SAN DIEGO CA 92182-4505
CALIF DEPT OF FISH & GAME
4949 VIEWRIDGE AVE STE 100 STE B
SAN DIEGO CA 92123 9174 SKY PARK CT 5201 RUFFIN RD
REGIONAL WATER QUALITY SD COUNTY PLANNING
SAN DIEGO CA 92123-4340 SAN DIEGO CA 92123
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
AIR POLLUTION CNTRL DlST SANDAG
9150 CHESAPEAKE DR STE 800
SANDIEGO CA 92123 401 B STREET
SAN DIEGO CA 92101
ATTN TED ANASIS
AUTHORITY
PO BOX 82776
U.S. FISH &WILDLIFE CA COASTAL COMMISSION SAN DIEGO COUNTY AIRPORT
6010 HIDDEN VALLEY RD
CARLSBAD CA 92009 7575 METROPOLITAN DR
STE 103
SAN DIEGO CA 92138-2776 SAN DIEGO CA 92108-4402
CITY OF CARLSBAD CITY OF CARLSBAD CITY OF CARLSBAD
COMMUNITY SERVICES PU BLlC W ORKS/ENG I N EERl NG MU N IC1 PAL WATER D I STRl CT
DEPT- PROJECT ENGINEER
CITY OF CARLSBAD
PROJECT PLANNER
ERIC MUNOZ
BATlQUlTOS LAGOON FOUND
SETH SCHULBERG
STE 100
1530 FARADAY AVE
CARLSBAD CA 92008
MICHAEL WISCHKAMPER
STE 240
1880 ASTON AVE
CARLSBAD CA 92008
WENDY WESTBERG
STE 370
26440 LA ALAMEDA
MISSION VIEJO CA 92691
CARLSBAD CHAMBER OF COMMERCE
TED OWEN
5934 PRIESTLY DR
CARLSBAD CA 92008
CALTRANS DISTRICT 11
BILL FIGGE
MAIL ST 50
P 0 BOX 85406
SAN DIEGO CA 92186-5406
U S FISH &WILDLIFE SERVICE
JOHN MARTIN
6010 HIDDEN VALLEY ROAD
CARLSBAD CA 92009-
BUREAU OF INDIAN AFFAIRS
RONALD M JAEGER
2800 COTTAGE WAY
SACRAMENTO CA 95825
RANCHO CARLSBAD HOA
RUSS KOHL
5200 EL CAMINO REAL
CARLSBAD CA 92008
ANTHONY & DICKY BONS
25709 HILLCREST AV
ESCONDIDO CA 92026-8650
REG WATER QUALITY CONTROL BD
STE 100
9174 SKY PARK CT
SAN DIEGO CA 92123-4340
FEDERAL AVIATION ADMIN WESTERN REG
PO BOX 92007
LOSANGELES CA 90009
BARRY BRAYER, AWP-8
BUSINESS, TRANSPORTATION & HSG AGENCY
PATRICIA W NEAL DEPUTY SEC HOUSING
STE 2450
980 NINTH ST
SACRAMENTO CA 95814
L.. . ,
CHANNEL ISLANDS NATIONAL PARK
SUPERINTENDENT
1901 SPINNAKER DR
SAN BUENA VENTURA CA 93001
DEPARTMENT OF DEFENSE
LOS ANGELES DlST ENGINEER
PO BOX 271 1
LOSANGELES CA 90053
DEPARTMENT OF ENERGY
CLIFFORD EMMERLING, DIR
STE 350
901 MARKETST
SAN FRANCISCO CA 94103
COUNCIL ON ENVIRONMENTAL QUALITY
CHAIRMAN
722 JACKSON PL NW
WASHINGTON DC 20006
DEPARTMENT OF ENERGY
STE 400
611 RYAN PLAZA DR
ARLINGTON TX 7601 1-4005
DEPARTMENT OF FISH & GAME
ENVIRONMENTAL SERVICES DIV
P 0 BOX 944246
SACRAMENTO CA 94244-2460
DEPARTMENT OF FOOD &AGRICULTURE
STEVE SHAFFER, AGRICULTURE RESOURCES
RM 100
SACRAMENTO CA 95814
DEPARTMENT OF FORESTRY
DOUG WICKIZER, ENVIR COORD
P 0 BOX 944246
1220 N ST SACRAMENTO CA 94244-2460
DEPARTMENT OF HOUSING & URBAN DEVE
DUNCAN LENT HOWARD, REG ADMIN DEPUTY ATTORNEY GENERAL
450 GOLDEN GATE AV
SAN FRANCISCO CA 94102 110 WEST A ST
DEPARTMENT OF JUSTICE
RM 700
SANDIEGO CA 92101
Lase: 51 63@
DEPARTMENT OF TRANSPORTATION
RM 5504
1120 N ST
SACRAMENTO CA 95814
OFFICE OF PLANNING & RESEARCH
OFFICE OF LOCAL GOVERNMENT AFFAIRS
PO BOX 3044
SACRAMENTO CA 93044
SAN FRANCISCO BAY CONSERVATION &
DEVMT COMMl SS ION
BILL TRAVIS
STE 2600
50 CALIFORNIA ST
SAN FRANCISCO CA 941 11-4704
U S BUREAU OF LAND MGMT
STE RM W 1834
2800 COTTAGE WAY
SACRAMENTO CA 95825
U S FISH & WILDLIFE SERVICE
2800 COTTAGE WAY
STE W-2605
SACRAMENTO CA 95825-1 888
MARINE RESOURCES REGION, DR & G
ENVIRONMENTAL SERVICES, SPR
350 GOLDEN SHORE
LONG BEACH CA 90802
NATIONAL OCEANIC & ATMOSPHERIC
ADMIN OCRM,55MC4
N/ORM - 3
1305 EAST-WEST HWY
SILVER SPRING MD 20910
STATE LANDS COMMISSION
DWIGHT SANDERS
STE 1005
100 HOWE AV
SACRAMENTO CA 95825-8202
U S BUREAU OF RECLAMATION
2800 COTTAGE WAY
SACRAMENTO CA 95825
MI D-PAC I FI C REG ION
U S ARMY CORPS OF ENGINEERS
LILY ALYEA
STE 702
333 MARKET ST
SAN FRANCISCO CA 94105-2197
Lase: 5 163@
r - _.. -I ., ... .
USDA - RURAL DEVELOPMENT
DEPT 41 69
430 "G" ST
DAVIS CA 95616
CITY OF ENClNlTAS
COMDEV DEPT
505 S VULCAN AV
ENClNlTAS CA 92024
SANDAG-EXEC DIRECTOR
GARY GALLEGOS
STE 800
IST INT'L PLAZA 401 "Bl' ST
SAN DIEGO CA 92101
CYRIUMARY GIBSON
121 42 ARGYLE DR
LOS ALAMITOS CA 90702
LANlKAl LANE PARK
SHARP SPACE3
6550 PONTO DRIVE
CARLSBAD CA 92008
WATER RESOURCES CONTROL BD
PO BOX 100
SACRAMENTO CA 95801
TABATA FARMS
PO BOX 1338
CARLSBAD CA 92018-1338
LESLIE ESPOSITO
1893 AMELFI DR
ENClNlTAS CA 92024
LAKESHORE GARDENS
TOM BENSON
7201 AVENIDA ENCINAS
CARLSBAD CA 92009
JOHN LAMB
1446 DEVLIN DR
LOSANGELES CA 90069
Laser 5163@
Srncotk Feed -~ .-.- - . .. .. . - . . - . . .
SAN DIEGO GAS & ELECTRIC
KIM BLESSANT
101 ASH STREET
SANDIEGO CA 92101-
COUNTY OF SD SUPERVISOR BILL HORN
ART DANELL
RM 335
1600 PACIFIC HIGHWAY
SAN DIEGO CA 92101
S D CO PLANNING & LAND USE DEPT
JAON VOKAC
5201 RUFFIN ROAD
SAN DIEGO CA 92123
STE B-5
FLOYD ASHBY
416 LA COSTA AV
ENCINITAS CA 92024
GEORGE BOLTON
6583 BLACKRAIL RD
CARLSBAD CA 92009
STATE LANDS COMMISSION
MARY GRIGGS
STE 100 S
100 HOWE AV
SACRAMENTO CA 95825-8202
PERRY A LAMB
890 MERE POINT RD
BRUNSWICK ME 04011
COASTAL CONSERVANCY
RICHARD RETECKI
STE 11 00
1330 BROADWAY
OAKLAND CA 94612
DALE/DONNA SCHREl BER
7163 ARGONAUTA WAY
CARLSBAD CA 92009
CALIFORNIA RESOURCES AGENCIES
STE 1311
1416 9TH ST
SACRAMENTO CA 95814
SANDAG-LAND USE COMMISS
NAN VALERIO
STE 800
401 "B" STREET
SAN DIEGO CA 92101
BAT1 QU ITOS LAGOON FOUNDATION
JOHN BURNS
P 0 BOX 130491
CARLSBAD CA 92009-
LENNAR HOMES
CHRIST1 NE ZORTMAN
STE 320
5780 FLEET ST
CARLSBAD CA 92008-4702
Agricultural Mitigation Fee ProgramAgricultural Mitigation Fee ProgramZCA 04-04 / LCPA 03-06
Mitigation ProgramMitigation Program•Funds collected from conversion/development of agricultural lands in Mello I and Mello II LCP segments of City’s coastal zone•State Coastal Conservancy is currently named administrator in zoning ordinance and LCP•City is intended to be administrator since 1998•Funds transferred from State in 1999
Agricultural Mitigation Fee Program Mello I and II LCP Segments of CityAgricultural Mitigation Fee Program Mello I and II LCP Segments of City•This Program in addition to similar State Program•Clarifies Program uses; no expansion proposed •Requires change to Zoning Ordinance and LCP•LCP amendment goes on to Coastal Commission
Recommendation:ZCA 04-04 / LCPA 03-06Recommendation:ZCA 04-04 / LCPA 03-06•Planning Commission –March 17, 2004•Staff and Planning Commission recommend approval by the City Council