HomeMy WebLinkAbout2005-04-12; City Council; 18067; Agricultural Mitigation Fee Program CoastalI
MTG. 4/12/05
DEPT. PLN
CITY OF CARLSBAD - AGENDA BILL
CALIFORNIA COASTAL COMMISSION SUGGESTED
MODIFICATIONS - ZCA 04-04(A)/LCPA 03-06(A)
AB# 18,067 1 TITLE:
AGRICULTURAL MITIGATION FEE PROGRAM
DEPT.HD- CITY ATTY. %
That the City Council INTRODUCE Ordinance No. NS752 APPROVING Local Coastal
Program Amendment LCPA 03-06(A) and Zone Code Amendment ZCA 04-04(A) to ACCEPT and
ADMINISTER the California Coastal Commission’s suggested modifications; and ADOPT Resolution
NO. 2005-105 , APPROVING the City’s Agricultural Mitigation Fee Program with DIRECTION
to staff to initiate implementation as outlined in this agenda bill and related attachments.
ITEM EXPLANATION:
The purpose of this agenda bill is to:
a) Approve Coastal Commission modifications, and
b) Get Council authorization to develop the Agricultural Mitigation Fee Program as proposed.
Coastal Commission Modifications
On July 6,2004, the City Council approved a Zone Code Amendment (ZCA 04-04) and Local Coastal
Program Amendment (LCPA 03-06) to implement an agricultural mitigation fee program. Since the
Zoning Ordinance serves as the implementing ordinance in the City’s Coastal Zone, approval of a
Local Coastal Program Amendment is not final until approved by the California Coastal Commission.
At its January 13, 2005 hearing, the Coastal Commission approved the City’s Local Coastal Program
Amendment, LCPA 03-06, subject to modifications that in general terms: distinguishes this city
program from the State-administered program; requires a Coastal Conservancy staff member to be
involved with the future Citizen Advisory Committee; emphasizes the restoration aspect of coastal
and lagoon environments and sandy beaches, and; promotes agricultural lands and activities. The
Coastal Commission’s suggested modifications are also attached in a strikeout format.
The Council must accept the suggested modifications and upon verification of the Council’s
acceptance, the Executive Director will report to the Coastal Commission that the City’s actions
conform to the provisions of the Commission’s action. The Agricultural Mitigation Fee Program will
then become effective and can be implemented by the City consistent with the approach proposed.
Aaricultural Mitigation Fee Proqram - Proposed Framework
This program generates funds based on designated coastal zone parcels that pay a fee prior to
grading permit issuance. At this time, approximately $6 million is in the fund which may increase by
another $3 million when remaining parcels pay the agricultural conversion mitigation fee. These
hnds are available pursuant to the criteria outlined in the zoning ordinance and local coastal program
3s contained in ZCA 04-04 and LCPA 03-06. Program implementation involves the formation of a
Citizen Advisory Committee, which would consider fund requests from community groups and then
make a recommendation to the City Council for action. The Committee will be created by Council
Resolution with Committee Members appointed by the Mayor, subject to concurrence with the City
Council.
The program’s proposed framework is summarized in the table-format attachments. The attached
Program Parameters (Table 1 ) summarizes the program’s basic elements (number of parcels, fund
i
PAGE 2 OF AGENDA BILL NO. 18,067
amounts, fund allocation criteria and approval processes). The Finalized Program Criteria (Table 2)
summarizes the codified criteria. The Staff Proposed Framework - Citizen Advisory Committee
(Table 3) proposes elements for the future Committee. The Program Timeline (Table 4) proposes
timing for program implementation.
In summary, regarding the proposed timeline, if the City Council approves this action, two more future
City Council actions at separate meetings will be needed to (1) formally appoint Committee members
and give direction to return with policies and procedures for City Council consideration, and (2)
consider the Committee’s proposed policies and procedure for approval.
ENVIRONMENTAL:
The City Council adopted a Negative Declaration for the Agricultural Mitigation Fee Program project.
This Negative Declaration remains adequate to address the Coastal Commission suggested
modifications, as they would not result in any new, potentially significant environmental effects.
FISCAL IMPACT:
The fiscal impact of this action is limited to the City’s processing costs of the Coastal Commission’s
suggested modifications which are nominal and do not create budget issues. Fiscal impacts
associated with implementing the Agricultural Mitigation Fee Program have already been considered
with the City Council approval of July 2004; those impacts are not increased nor modified by adoption
of the Coastal Commission’s suggested modifications.
EXHIBITS:
1. City Council Ordinance No. N6-752
2. City Council Resolution No. 2005-105
3.
4.
Program Parameters, Finalized Program Criteria (Tables 1 and 2)
Staff Proposed Framework - Citizens Advisory Committee, Program Timeline (Tables 3 and
4.
DEPARTMENT CONTACT: Eric Munoz, (760) 602-4608, emuno@ci.carlsbad.ca.us
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ORDINANCE NO. NS-752
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING THE LOCAL
COASTAL PROGRAM AND TITLE 21 OF THE
MUNICIPAL CODE TO IMPLEMENT THE CITY’S
AGRICULTURAL MITIGATION FEE PROGRAM
INCORPORATING THE CALIFORNIA COASTAL COMMISSION’S SUGGESTED MODIFICATIONS.
CASE NAME: AGRICULTURAL MITIGATION FEE
PROGRAM
CASE NO.: ZCA 04-04(A)
The City Council of the City of Carlsbad, California, does ordain as
follows:
WHEREAS, the Planning Commission on March 17, 2004, held a
duly noticed public hearing as prescribed by law to consider Zone Code
Amendment ZCA 04-04 and Local Coastal Program Amendment LCPA 03-06 and
adopted Planning Commission Resolutions No. 5584 and 5585 recommending to
the City Council that they be approved; and
WHEREAS, the City Council on July 6, 2004, held a duly noticed
public hearing as prescribed by law to consider said ZCA and LCPA and adopted
City Council Resolution No. 2004-227 and Ordinance NS-711 to approve the
amendments; and
WHEREAS, the California Coastal Commission on January 13,
2005, held a duly noticed public hearing as prescribed by law to consider an
amendment to the Local Coastal Program and acted to certify the amendment
with suggested modifications. A strikeout version is attached as Attachment “A.
The City Council of the City of Carlsbad, California does hereby
resolve as follows:
Section I: 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. 3
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This fee is separate and distinct from the mitigation fee established by
Section 301717.5 of the Public Resources Code, which applies to certain
properties outside the Mello I and Mello II segments of the City's Local Coastal
Program, is collected and administered by the State Coastal Conservancy and
has different expenditure priorities.
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 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 and
Coastal Conservancy 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:
a) Restoration of the coastal and lagoon environment including but not
limited to acquisition, management and/or restoration involving
wildlife habitat or open space preservation.
b) Purchase and improvement 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 of beaches for public use including but not limited to:
local and regional sand replenishment programs, vertical and
lateral beach access improvements, trails, and other beach-related
improvements that enhance accessibility, and/or public use of
beaches.
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 amendment effectuates a Local Coastal Program
Amendment, and shall not be effective in the Coastal Zone until it is approved by
the California Coastal Commission.
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INTRODUCED AND FIRST READ at the regular meeting of the
Carlsbad City Council on 12th day of APRIL , 2005,
and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council
, of the City of Carlsbad, California, on the
2005, by the following vote, to wit:
day of
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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ATTACHMENT “A
LCPA 03-06(A)/ZCA 04-04(A) - Agricultural Mitigation Fee Program
Coastal Commission ModificationslStrikeout Version
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.
This fee is separate and distinct from the mitiaation fee established by Section 301717.5
of the Public Resources Code, which applies to certain properties outside the Mello I and Mello
II seqments of the City’s local coastal proaram, is collected and administered by the State
Coastal Conservancy and has different expenditure priorities.
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 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 and Coastal Conservancy 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:
Restoration of the coastal and lagoon environment including but not limited
to acquisition, , management and/or restoration involving wildlife
habitat or open space preservation.
Purchase and improvement of agricultural lands for
continued agricultural production, or for the provision of research activities or
ancillary uses necessary for the continued production of agriculture andlor
aquaculture in the City‘s Coastal Zone, including but not limited to farm worker
housing.
Restoration of beaches for public use including but not limited
to: local and regional sand replenishment programs, vertical and lateral beach
access improvements, trails, wadways and other beach-related improvements
that enhance accessibility, paktr-y and/or public use of beaches.
Improvements to existing or proposed lagoon nature centers.
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RESOLUTION NO. 2005-1 05
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING A
ZONE CODE AMENDMENT AND LOCAL COASTAL
PROGRAM AMENDMENT TO ACKNOWLEDGE AND
ADOPT THE CALIFORNIA COASTAL COMMISSION
CASE NAME: AGRICULTURAL MITIGATION FEE
SUGGESTED MODIFICATIONS FOR LCPA 03-06.
PROGRAM
CASE NO.: ZCA 04-04(A)/LCPA 03-06(A)
The City Council of the City of Carlsbad, California, does hereby resolve as follows:
WHEREAS, the Planning Commission on March 17, 2004, held a
duly noticed public hearing as prescribed by law to consider Zone Code Amendment
ZCA 04-04 and Local Coastal Program Amendment LCPA 03-06 and adopted
Planning Commission Resolutions No. 5584 and 5585 recommending to the City
Council that they be approved; and
WHEREAS, the City Council on July 6, 2004, held a duly noticed
public hearing as prescribed by law to consider said ZCA and LCPA and adopted
City Council Resolution No. 2004-227 and Ordinance NS-711 to approve the
amendments; and
WHEREAS, the California Coastal Commission on January 13, 2005,
held a duly noticed public hearing as prescribed by law to consider an amendment
to the Local Coastal Program and acted to certify the amendment with suggested
modifications; and
WHEREAS, the City Council on the 12th day of APRIL , 2005, (1)
acknowledged receipt of the Coastal Commission’s resolution of certification,
including the suggested modifications, and (2) held a duly noticed public hearing as
prescribed by law to consider the suggested modifications, which constitute an
amendment to the Local Coastal Program and the Zoning Ordinance.
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WHEREAS, acceptance of the California Coastal Commission’s
suggested modifications, as set forth in this resolution, is necessary to comply with
the California Coastal Act;
WHEREAS, this action will allow for the implementation of the City’s
Agricultural Mitigation Fee Program, and
WHEREAS, a Citizen’s Advisory Committee consisting of 1 lagoon
representative, 1 beach representative, 1 agricultureffarming representative, and 2
citizens at large will be created by appointment of the Mayor, subject to the City
Council concurrence. The committee will also be assisted by a representative of city
staff and a representative from Coastal Conservancy staff.
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 suggested modifications will meet the requirements
of and conform with the policies of Chapter 3 (commencing with Section 30200) of
the California Coastal Act to the extent necessary to achieve the basic state goals
specified in Section 30001.5 of the Coastal Act.
3. That approval of the suggested modifications is necessary to
maintain consistency between the City’s Zoning Ordinance and the Local Coastal
Program.
4. That the suggested modifications to Local Coastal Program
Amendment LCPA 03-06, are approved as shown in Attachment “X on file in the
Planning Department and attached hereto.
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5. That staff is directed to initiate all actions required to satisfy
and implement the suggested modifications to LCPA 03-06.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the 12th day of APRIL , 2005, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
Council Members Lewis, Hall, Kulchin, Finnila, Sigafoose
None
None
ATTEST:
(SEAL) W
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ATTACHMENT “X
LCPA 03-06(A)/ZCA 04-04(A) - Agricultural Mitigation Fee
Coastal Commission ModificationdStrikeout Version
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.
This fee is separate and distinct from the mitigation fee established by Section 301 71 7.5
of the Public Resources Code, which applies to certain properties outside the Mello I and Mello
II segments of the City’s local coastal program, is collected and administered by the State
Coastal Conservancy and has different expenditure priorities.
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 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 and Coastal Conservancy 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:
a) Restoration of the coastal and lagoon environment including but not limited to
acquisition, management and/or restoration involving wildlife habitat or open
space preservation.
b) Purchase and improvement 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 of beaches for public use including but not limited to: local and
regional sand replenishment programs, vertical and lateral beach access
improvements, trails, and other beach-related improvements that enhance
accessibility, and/or public use of beaches.
d) Improvements to existing or proposed lagoon nature centers.
EXHIBIT 3
Criteria #2
Table 1: Proqi
open space preservation
Laqoon - Nature Centers: improvements to
Total # of Parcels
to enhance public beach use
Promote Aqriculture in Citv's Coastal Zone:
purchase, improvement of agricultural lands;
research activities, ancillary uses like
farmworker housinq
None
Current # of Unpaid Parcels as of 2.22.05
Current Fund Amount
Current Value of Unpaid Parcels
Criteria for Fund Allocations
Approval of Fund Allocations
Length of Proqram
m Parameters
1,475
84
Approx. $6 million (includes interest)
Approx $3 million (based on current Fee
Schedule and no interest accrual)
4-point Criteria approved by the City Council
and California Coastal Commission
City Council after recommendation made by
Citizens Advisory Committee
Until All Funds in Proqram are Expended
Zoninq Ordinance Source
Criteria #1
Policy 2-1, Option 3
21.202.060 D
Restoration of Coastal and Laqoon
Environments: acquisition, management
and/or restoration involving wildlife habitat or
Criteria #3
Criteria #4
Priority Requirements for #1-4 above
Maximum $$ from Fund for #1-4 above Onequarter of Fund @I time of request
EXHIBIT 4
Table 3: Staff Proposed Framew
Total Members
Votinq Members
Committee Staff: Non-Voting Members
Committee Composition: Voting Members
Voting Members: Appointments and Terms
Frequency of Meetinqs
Process for Fund Requests and
Pol icies/Procedures of Com mittee
Table 4: Pro4
rk - Citizen Advisory Committee
7 - (5 voting members + 2 support
chFR JKll I /
5 - (staff does not vote)
City of Carlsbad Planning Staff 0
0 State Coastal Conservancy Staff
1. Buena Vista Lagoon Foundation Rep
2. Agua Hedionda Lagoon Foundation Rep
3. Batiquitos Lagoon Foundation Rep
4. Ag/Farming Community Rep
5. Coastal Zone Citizen at Large Rep (or
perhaps Beach Pres Comm Rep)
By Council Action: 4 year terms
Based on Fund Requests
0 to be developed by full Committee
0 to be approved by Council
am Timeline
City Council 1' Agenda Bill: to Accept CCC
Mods, provide Program Overview, get input on
Program and forming Citizen's Advisory Comm.
Advertise for Committee applications
City Council 2"d Agenda Bill: to appoint Comm.
Reps, form Citizens Advisory Committee, direct
staff to return with proposed Committee
policies and procedures for Council approval
Staff work w/California Coastal Conservancy
staff and Comm on above
City Council 3rd Agenda Bill: to approve
Committee's procedures, disclose Fund
request submittal process, formally launch
Proqram and process fund requests
APRIL 12, 2005
APRIL 18 - MAY 2, 2005
MAY 17, 2005
MAY 18 -JUNE 17, 2005
JULY 5,2005
FROM : LAW OFFICES M WISLHKHtMPtK I-HX NU. : /bl04Jtl/tltltl
.I ,-
FARM WORKER HOUSING COORDINATING COMMITTEE
1808 ASTON AVENUE, SUITE 240
Phone 780 438-1222; Fax 760 438-7888
CARLSBAD, CALIFORNIA 92008 ~-4$cdaIm# 3
-cwAWL!/
F~~e-onofthe wisch@wischkaemper.com CFTYCOUNCIL
April 11,2005
Via Telejax and US. Mall
Mayor Claude A. Lewis and
Members of the Carlsbad City Council
Cily of Carlsbad
1200 Carlsbad Village Drive
Carlsbad. California 92008
Re: Furmworhrs ’ Housing
Dear Mayor Lewis mcl Members ofthe City Council:
Our Coordinating Committee has seen with altum the proposal made by staff
respccting Uie committee for use of the Agricultural Mitigation funds and the rules
intended for the iise ofthe funds. We will appear tit tomorrow’s meeting. If is intended
to bc on the consent calendar, we request that It bc reinovcd from that calendar to
give us the opportunity to testiv.
Although 1 had talked with sttr.fY’some time ago ahoul the progress of this issue,
our first notice that the rules were proposed was receipt of Friday‘s emtiled notice of the
City Council’$ agenda, I apologize that our inpul is so late, but it is our first opportunity.
We have two major concerns.
First, the committee makeup should be changed. Although the lagooiis are to be
two of hur beneficiaries ofthe i’unds, the lagoons are to have three representatives on the
committee, while agiculturc and the public will have only one. It is not reasonable to
have a public advisory pancl which is constituted in c? way to promote bias. We propose
that the agicultural coinmunity have an srddilional representative wd that an additional
member fiom the cammunity at large bc added. With seven lhere is a larger opportunity
for community input and a greater opportunity to have ti quorum for mecting.
Sccond, the language of the proposed action would limit my of the four uses to
“[o]ne cpnrler of Fund @ time of request.’O This has two problems. Firsl, it is ambiguous;
as the fiind is depleted, it appears only one quarter of the fund available then can be used.
ICa specific project is worthy, it should be possible io uso all ofzhe allocation for a given
FROM : LAW OFFILtS M W1bLHKHtI"lk'tK PHX NU. fbU43UftlUU
Mayor Lewis & Memhrs of the Carlsbnd City Council
April 1 1,2005
Page 2
use. Sectmcl, it discourages creative financing proposals such as the one wo made with
respcct IO the purchase of a building on Corte del Cedro. Under that proposal, the
fdsmworkcr housing project would have temporary access lo more than one-quarter of the
fund, hut with security of a Carlsbad commercial building for repuynicnt of most of the
loan. This rule might he seen to forbid such a proposal.
The Committee and the City Council will be the gatekeeper of these hds, and
there is no need for a rnaxiiniiin dollar limitation. We rcquest that it be deleted.
As always, thank you for yaw considerition of these issues.
Sinccrol y,
cc: Ray Patchctt