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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 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. 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 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 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. 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 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. r( Pn&l 73pn -e r4-4 h\r *n P-A Pit\/ P&