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
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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.
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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.
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.
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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 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)
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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.