HomeMy WebLinkAbout2003-02-04; City Council; Resolution 2003-0391
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
RESOLUTION NO. 2003--039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, FINDING AND CERTIFYING THAT
THE CARLSBAD HABITAT MANAGEMENT PLAN COMPLIES
WITH THE ENFORCEABLE PROVISIONS OF THE CALIFORNIA
COASTAL ACT AND CALIFORNIA COASTAL MANAGEMENT
PROGRAM AND THAT IT WILL BE CONDUCTED IN A MANNER
CONSISTENT WITH SUCH PROGRAM.
CASE NAME: HABITAT MANAGEMENT PLAN
CASE NO.: LCPA 02-1 0
WHEREAS, the Code of Federal Regulations 15 CFR Part 930, Subpart D,
requires that any activity affecting any coastal use or resource be conducted in a manner
consistent with approved coastal management programs; and
WHEREAS, for the State of California Coastal Act of 1976 as amended serves
as the approved management program; and
WHEREAS, the U.S. Fish and Wildlife Service is considering issuance of a
Section lO(a) Incidental Take Permit to the City of Carlsbad based on the Habitat Management
Plan, thereby triggering the requirement for review and certification of consistency with the
Coastal Act; and
WHEREAS, the California Coastal Commission initially challenged the
consistency of the City’s proposed Habitat Management Plan with the Coastal Act; and
WHEREAS, the City of Carlsbad thereafter resolved the consistency issues
raised by the California Coastal Commission by revising the proposed Habitat Management
Plan for coastal zone properties in Addendum #2 and by revising its Local Coastal Program to
incorporate habitat conservation requirements requested by California Coastal Commission
staff; and
WHEREAS, the City Council has considered all facts and information provided to
it, including the Second Addendum to the Habitat Management Plan, attached to Planning
Commission Resolution 5362 and incorporated herein by reference, the Local Coastal Program
5
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
Amendment, and other pertinent information, as required by the California Coastal
Commission’s staff; and
WHEREAS, the City Council of th,e City of Carlsbad, on the 4th day of
FEBRUARY , 2003, held a duly noticed public hearing to consider the consistency of
the Habitat Management Plan with the Coastal Act and at that time received and considered all
written correspondence, testimony, recommendations, and comments from all interested
persons.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does
hereby find and resolve as follows:
1 That the above recitations are true and correct.
2 That substantial evidence has been provided demonstrating the manner in which
the Habitat Management Plan is consistent with the California Coastal Act.
3 That the City of Carlsbad has consulted with the affected federal agency, the
U.S. Fish and Wildlife Service, and the California Coastal Commission regarding reasonably
foreseeable coastal effects and consistency, and has considered the views, guidance,
recommendations and comments of those agencies. The City of Carlsbad has furnished those
agencies with copies of all documents pertinent to the consistency certification.
4 That based on all of the facts, information, documents and testimony, the
Carlsbad Habitat Management Plan dated December 1999, with Two Addenda complies with
. . ..
. . ..
. . ..
. . ..
. . ..
. . ..
. . ..
. . ..
Page 2 of 3 of Resolution No. 2003-039
-2- 6
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
the enforceable policies of the California Coastal Act and California Coastal Management
Program and that it will be conducted in a manner consistent with such program.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California, held on the 4th day of FEBRUARY
2003, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard
NOES: None
ABSENT: None /3
CLAUDE A. LEmblsi6r b' "
ATTEST:
(SEAL)
Page 3 of 3 of Resolution No. 2003.-039
-3-