HomeMy WebLinkAbout2005-04-12; City Council; Resolution 2005-1051
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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.