HomeMy WebLinkAbout2004-07-13; City Council; Resolution 2004-2271
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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:
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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)
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