HomeMy WebLinkAboutCT 98-14; Thompson/Tabata; Tentative Map (CT) (151)February 10, 2003
Michael Holzmiller
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
STANDARD PACIFICHOMES
Subject: CT 98-14: Agricultural Conversion Mitigation Fee
Dear Mr. Holzmiller:
Standard Pacific Homes is currently attempting to fulfill conditions of approval
necessary to begin grading CT 98-14: Thompson/Tabata. In the process of reviewing the
various fees due, an inconsistency in the agricultural conversion mitigation fee required
prior to final map was discovered. We are requesting that the fee calculations be done
on the basis of the figures contained in the mitigation and monitoring report.
The inconsistency exists between the acreage to be mitigated as stated in the
mitigated negative declaration versus that area quoted in the staff report. The mitigated
negative declaration (MND), issued on April 4, 2001, required that a fee be paid to
mitigate the conversion of 63 acres of the Mello II segment of the 82.2O-acre site. This
figure is repeated in the mitigation and monitoring report. Planning Commission
Resolution No. 5070, dated December 5, 2001 approves the MND as written, with the
requirement for the mitigation of 63 acres of land previously in agriculture. The
Thompson/Tabata staff report prepared for the November 7, 2001 Planning
Commission hearing states that a net developable area of 73.71 acres must be mitigated.
This figure is included in Planning Commission Resolution 5078 approving the coastal
development permit for the project.
The discrepancy in the mitigation acreage is the result of the use of growth
management criteria to establish mitigation fees for conversion of agricultural lands. As
stated in the MND, Section I(d), the 63 acre figure represents the total agriculturally
viable area within the project's Mello II segment of the City of Carlsbad's Local Coastal
Program (LCP). The remaining 19 acres of the site are either in non-viable steep slopes
(over 25% grade) or contained within the Mello I segment which does not require
agricultural mitigation fees.
Conversely, the staff report's methodology analyzes the site in terms of criteria
used to calculate maximum unit yield, pursuant to Carlsbad Municipal Code section
21.53.230. This section of code applies slope analysis standards to determine the
maximum acreage to be used in establishing unit yield, but does not factor in
agricultural viability or the requirements of the LCP. The result of this analysis is that
73.71 acres of the site are developable, regardless of the LCP status of those acres.
San Diego Division
5750 Fleet Street, Suite ff&O, Carlsbad, CA 92008
TEL (760) 602-6800 FAX (760) 602-6880
With the understanding that the agricultural mitigation fee is intended to
mitigate the loss of viable agricultural resources in the Mello II segment of the LCP, we
request that the City of Carlsbad accept the agricultural conversion mitigation fee based
on the acreage described in the MND, or 63 acres. This approach is consistent with that
used on our two other projects located with the Mello II LCP area.
If you have any questions regarding our request or its supporting analysis, please
contact our planning consultant, Jack Henthorn & Associates at your convenience. They
may be reached at (760) 438-4090 x 107.
Sincerely,
Brian Utsler
Standard Pacific Homes
cc: Jayne Deaver, Jack Henthorn & Associates
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