HomeMy WebLinkAbout2004-07-13; City Council; 17714; Agricultural Mitigation Fee program69 CITY OF CARLSBAD - AGENDA BILL
AB# 17,714
MTG. 7 1 3/04
DEPT. CA
TITLE: DEPT. HD.
CITY ATTY
CITY MGR.
AGRICULTURAL MITIGATION FEE PROGRAM
ZCA 04-04lLCPA 03-06
RECOMMENDED ACTION:
Adopt Ordinance No. NS-711, approving an amendment to the Zoning Ordinance to
establish the City Council as administrator of the City’s Agricultural Mitigation Fee Program;
and
Adopt Resolution No. 2004-227, approving a Local Coastal Program Amendment, LCPA 03-
06.
ITEM EXPLANATION:
At its meeting of Tuesday, July 6, 2004, the City Council considered amendments to the
Agricultural Mitigation Fee Program and the Local Coastal Program. During the hearing,
Council determined that changes were necessary to the ordinance as drafted. The changes
specify that the City Council approves expenditures from the funds collected under the
Agricultural Mitigation Fee Program subject to the recommendations of a citizen advisory
committee; the advisory committee may not develop policies or procedures for the allocation
of funds; and that aquaculture was added to the list of coastal and lagoon environments.
Corresponding changes have been made in the attached resolution amending the Local
Coastal Program. The ordinance and resolution are not effective until approved by the
Coastal Commission. The Council should satisfy itself that these changes accurately reflect
its determinations.
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.
ENVIRONMENTAL REVIEW:
The Planning Commission has determined that the proposed project qualified 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.
EXHIBITS:
1. Ordinance No. NS-71 I
2. Ordinance No. NS-711 Redline/Strikeout
3. Resolution No. 2004-227
4. Resolution No. 2004-227 RedlinelStrikeout
Department Contact: Ronald R. Ball, 434-2891
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ORDINANCE NO. NS-711
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO
THE CITY’S ZONING ORDINANCE TO ESTABLISH THE CITY
OF CARLSBAD AS THE ADMINISTRATOR OF THE LCP
AGRICULTURAL MITIGATION FEE PROGRAM, AND TO
IMPLEMENT AN UPDATED LIST OF PRIORITY USES FOR THE
PROGRAM.
CASE NAME: AGRICULTURAL MITIGATION FEE PROGRAM
CASE NO.: ZCA 04-04
WHEREAS, the City of Carlsbad has been in agreement with the State Coastal
Conservancy regarding the transfer of Local Coastal Program Agricultural Mitigation Fee funds
from the State to the City since March 1998, and transfer of funds did occur in 1999; and
WHEREAS, the City of Carlsbad has agreed to administer the Agricultural
Mitigation Fee fund, however, the State Coastal Conservancy is still designated as the fund
administrator in the Local Coastal Program and Section 21.202 of the zoning ordinance; and
WHEREAS, the existing list of prioritized uses for the Agricultural Mitigation Fee
program is outdated and requires revision in order to optimize the use of the funds; and
WHEREAS, the City of Carlsbad must process amendments to the City’s Local
Coastal Program and zoning ordinance to formally designate the City as the fund administrator,
and also to update the list of allowable uses for the Agricultural Mitigation Fee program.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1 : That Section 21.202.060 D is amended to read as follows:
-21.202.060 D. Agricultural Conversion Mitigation Fee and Expenditure Plan. In
lieu of the procedures established by subsection b) or subsection c) of this section, property
may be converted to urban uses upon payment of an agricultural conversion mitigation fee.
The amount of the fee shall be determined by the City Council at the time it considers a Coastal
Development permit for urban development of the property. The fee shall not be less than five
thousand dollars nor more than ten thousand dollars per net converted acre of agricultural land
and shall reflect the approximate cost of preserving prime agricultural land pursuant to
subsection B of this section. The fees shall be paid prior to the issuance of building permits for
the project. All mitigation fees collected under this section shall be deposited in the City of
Carlsbad LCP Agricultural Mitigation Fees Program and shall be expended by the City Council
subject to the recommendations of a citizen advisory committee to be established by it. The
intent is not to establish priorities for Program use, but rather to promote reasonable distribution
amongst the allowable uses outlined below. The advisory committee may also develop
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procedures for the review of requests. The City Council shall make all final decisions regarding
the use of the funds. The allowable uses for the Agricultural Mitigation Fees are:
a)
b)
Coastal and lagoon environment acquisition, maintenance, management and/or
restoration involving wildlife habitat, open space preservation or aquaculture.
Purchase, improvement and/or maintenance of agricultural lands for continued
agricultural production, or for the provision of research activities or ancillary uses
necessary for the continued production of agriculture and/or aquaculture in the
City‘s Coastal Zone, including but not limited to farm worker housing.
Restoration and maintenance of beaches for public use including but not limited
to: local and regional sand replenishment programs, vertical and lateral beach
access improvements, trails, roadways and other beach-related improvements
that enhance accessibility, parking and/or use.
Improvements to existing or proposed lagoon nature centers.”
c)
d)
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be
effective within the City’s Coastal Zone until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 6th day of July 2004, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 13th day of July 2004, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall and Packard
NOES: None
ABSENT: Council Member Finnila
&$TEST: -n ’@..a / (7
LORRAINE M-OOD, City Clerk ‘
(SEAL)
-2-
3
U N DERLl N ElSTRI KE-OUT VERSlO N
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 Stak Cc- i:: the
City Council subiect to the recommendations of a
citizen advisory committee to be established by it. The intent is not to
establish priorities for Proqram 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 :
..
.. .. 1. 1 I:: w=--ml--
maintenance, management andlor restoration involving wildlife habitat,
open space preservation or aquaculture.
2. d ss* A . Purchase,
improvement andlor maintenance of aqricultural lands for continued
aqricultural production, or for the provisions of research activities or
ancillary uses necessary for the continued production of aqriculture in the
City’s Coastal Zone, including but not limited to farm worker housing.
3. Restoration h.
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 andlor use.
.. .. 4. 1
in I,
Improvements to existing or proposed lagoon nature centers.
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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
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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
REDLINEISTRIKEOUT VERSION - RESOLUTION 2004-227
3. That the amendment to the Local Coastal Program Amendment (LCPA 03-06) is approved as shown n. 55s
Mello II LCP Policy 2-1
..
..
Option 3 - 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 $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 1 Citv of Carlsbad LCP
Agricultural Mitigation Fees GJ-M Program and shall be expended by the Sta-te
recommendations of a citizen advisory committee to be established bv it. The
nf pwrtty .. Citv Council subject to the
intent is not to establish priorities for Fund use, but rather to promote reasonable
distribution amonqst the allowable uses outlined below. The advisow 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 :
,. .. .. a. a I:: 9a-tqwks L-
wtmd. Coastal and lagoon environment acquisition, maintenance, management
and/or restoration involving wildlife habitat, open space preservation or
aq u acu It u re.
b. l3edqmc::t of cc&: sf l3wmOA& Lagam . Purchase,
improvement and/or maintenance of agricultural lands for continued agricultural
production, or for the provisions of research activities or ancillary uses
necessary for the continued production of agriculture in the Citv’s Coastal Zone,
includina but not limited to farm worker housing.
c. Restoration and maintenance of beaches FFWXXJ& for public use ~&~GwsM
replenishment programs, vertical and lateral beach access improvements, trails,
roadway, and other beach-related improvements that enhance accessibilitv,
parkina and/or use.
nP ” J+&&&&& includinq but not limited to: local and regional sand
.. d.
Improvements to existing or proposed laqoon nature centers.
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