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HomeMy WebLinkAbout1995-08-02; Planning Commission; Resolution 3783c 1 2 3 4 5 6 a 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e PLANNING COMMISSION RESOLUTION NO. 3783 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 21.04 OF THE CARLSBAD MUNICIPAL CODE, BY THE ADDITION OF SUBSECTION 21.04.048 TO DEFINE BIOLOGICAL HABITAT PRESERVE AND AMENDING TITLE 21, CHAPTER 21.42 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SUBSECTION 21.42.010(15) TO REQUIRE THE PROCESSING OF A CONDITIONAL USE PERMIT FOR BIOLOGICAL HABITAT PRESERVES TO ENSURE THAT BIOLOGICAL HABITAT PRESERVES ARE CONSISTENT WITH THE CITY’S GENERAL, PLAN, GROWTH MANAGEMENT PLAN, LOCAL COASTAL PROGRAM AND HABITAT MANAGEMENT PLANNING EFFORTS. CASE NAME: BIOLOGICAL HABITAT PRESERVES CASE NO: ZCA 95-02 WHEREAS, the City of Carlsbad has initiated this zone code amend ensure that designated biological habitat preserves are reviewed for consistency 7 City’s General Plan, Growth Management Plan and Habitat Management planning and WHEREAS, the Planning Commission did on the 2nd day of Augu: hold a duly noticed public hearing as prescribed by law to consider said request; B WHEREAS, at said public hearing, upon hearing and considering all te and arguments, if any, of all persons desiring to be heard, said Commission consid factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the I Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Com recommends APPROVAL of ZCA 95-02, according to Exhibit “X August 2, 1995, attached hereto and made a part hereof, based following findings: .... I 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 0 e Findings: 1. The proposed amendment is consistent with the various elements of the Plan by ensuring that biological habitat preserves are designated in confc with the various elements of the General Plan. 2. The proposed amendment will not cause adverse impacts on sum development because biological habitat preserves do not involve development and because individual habitat preserves will be reviewed indi for environmental impacts under Title 19 of the Carlsbad Municipal Code California Environmental Quality Act. 3. The proposed amendment will ensure that biological habitat preserves are de in conformance with the Carlsbad Growth Management Plan and the City's management planning efforts. PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, held on the 2nd day of 1995, by the following vote, to wit: AYES: Chairperson Welshons; Commissioners Compas, Monroy, Nielsen and Savary. NOES: None. ABSENT: Commissioner Noble. ABSTAIN: None. KIM wELS'HONS, Chairperson CARLSBAD PLANNING COMh ATTEST \ Planning Director I 1 pc REso No+ 3783 -2- 1 2 3 4 5 6 a 8 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 0 EXHIBIT “X” Dated August : ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO DEFINE BIOLOGICAL HABITAT PRESERVE MENDING AND TO REQUIRE THE PROCESSING OF A CONDITIONAL USE PERMIT FOR BIOLOGICAL HABITAT PRESERVES TO ENSURE THAT BIOLOGICAL HABITAT PRESERVES ARE CONSISTENT WITH THE CITY’S GENERAL PLAN, GROWTH MANAGEMENT PLAN, LOCAL COASTAL PROGRAM AND HABITAT MANAGEMENT PLANNING EFFORTS. CASE NAME BIOLOGICAL HABITAT PRESERVES CASE NO: ZCA 95-02LCPA 95-08 The City Council of the City of Carlsbad, California, does ordain as i SECTION 1: That Title 21, Chapter 21.04 of the Carlsbad Municipa is amended by the addition of Section 21.04.048 to read as follows: “21.04.048 Biological Habitat Preserve. Any area which is designat accepted by a Federal, State or local agency as a permanent or temporary sanctuary, or protected area for biological species of any kind.” SECTION 2: That Title 21, Chapter 21.42 of the Carlsbad Municiga is amended by the addition of Section 21.42.010(15) to read as follows: “(15). All zones except Open Space: (A) Biological habitat preserve, as defined by section 21.04.041 code, subject to the following conditions: (i) The biological habitat preserve shall not adversely the City’s ability to provide public facilities and improvements such as, but not lim Circulation Element roadways, sewer or water infrastructure improvements and d improvements, as provided for in the Citywide Facilities and Improvements Plan. (ii) The biological habitat preserve shall be consistent c City’s habitat management planning efforts or agency approved Habitat Manageme ll e 0 1 and will not negatively impact the City’s ability to obtain or implement a 2 (iii) The biological habitat preserve shall be consistent 3 Management Plan. 4 City’s Local Coastal Program. 5 6 (€3) A conditional use permit shall not be required when a B Habitat Preserve is associated with a development proposal otherwise r 7 8 EFFECTNE DATE: The ordinance shall be effective thirty days 9 environmental review and discretionary approval by the City of Carlsbad.” ‘ o adoption, and the City Clerk shall certify to the adoption of this ordinance and ca ’ ’ 11 be published at least once in a newspaper of general circulation within fifteen days 12 13 14 15 1111 adoption, except that within the Coastal Zone the effective date of this ordinance the date of final California Coastal Commission approval of this ordinance. 16 17 18 19 20 21 1111 1111 1111 1/11 1111 22 1111 23 1111 24 I111 25 1111 26 1111 27 28 1111 1) 2 . 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 0 0 INTRODUCED AND FIRST READ at a regular meeting of the ( City Council on the day of , 1995, and thereafter PASSED AND ADOPTED at a regular meeting of the City Counc City of Carlsbad on the day of 9 1995 by the following vote AYES: NOES: ABSENT: RON BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 3