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HomeMy WebLinkAbout2005-04-19; City Council; 18079; Adopt Ordinance Agricultural Mitigation Fee Program\B # 18,079 ITG. 4/19/05 IEPT. CLK ?ECOMMENDED ACTION: TITLE: ADOPTION OF ORDINANCE IMPLEMENTING AGRICULTURAL MITIGATION FEE PROGRAM ZCA 04-04(A) Adopt Ordinance No. NS-752, amending the Local Coastal Program and Title 21, Section 21.202.060 D of the Carlsbad Municipal Code to implement the City’s Agricultural Mitigation Fee Program incorporating the California Coastal Commission’s suggested modifications. ITEM EXPLANATION Ordinance No. NS-752 was introduced and first read at the City Council meeting held on April 12, 2005. The second reading allows the City Council to adopt the ordinance, which would then become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted. Notwithstanding the preceding, this ordinance effectuates a Local Coastal Program Amendment, and shall not be effective in the Coastal Zone untii it is approved by the California Coastal Commission. FISCAL IMPACT See Agenda Bill No. 18,067 on file with the City Clerk. EXHIBITS 1. Ordinance No. NS-752. DEPARTMENT CONTACT: Karen Kundtz (760) 434-2808, email: kkund@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-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. 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 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. 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. b) 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. -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 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 19th day of April 7 2005, by the following vote, to wit: AYES:Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: (SEAL) -3- 4 ATTACHMENT “A LCPA 03-06(A)/ZCA 04-04(A) - Agricultural Mitigation Fee Program Coastal Commission Modifications/Strikeout 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 mitiqation 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 Citv’s local coastal program, is collected and administered by the State Coastal Conservancv 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, twi&www , 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, fxxdwys and other beach-related improvements that enhance accessibility, padcmg andlor public use of beaches. Improvements to existing or proposed lagoon nature centers.