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HomeMy WebLinkAbout1995-10-17; City Council; NS-322; CMC 21.04.048/.42.010(15) add - Biological habitat preserves...I I! e 0 . 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 ORDINANCE NO. NS - 3 2 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO DEFINE BIOLOGICAL HABITAT PRESERVE 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 95-02/LCPA 95-08 The City Council of the City of Carlsbad, California, does ordain as SECTION 1: That Title 21, Chapter 21.04 of the Carlsbad Municip is amended by the addition of Section 21.04.048 to read as follows: “21.04.048 Biological Habitat Preserve. Any area which is designa 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 MuniciF 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 21.04.0, code, subject to the following conditions: (i) The biological habitat preserve shall not adverse! the City’s ability to provide public facilities and improvements such as, but not li Circulation Element roadways, sewer or water inhastructure improvements and improvements, as provided for in the Citywide Facilities and Improvements Plan (ii) The biological habitat preserve shall be consisten City’s habitat management planning efforts or agency approved Habitat Managen c 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 I 27 I 28 i 0 0 and will not negatively impact the City’s ability to obtain or implement a Management Plan. (iii) The biological habitat preserve shall be consistent City’s Local Coastal Program. (B) A conditional use permit shall not be required when a B Habitat Preserve is associated with a development proposal otherwise 1 environmental review and discretionary approval by the City of Carlsbad.” EFFECTIVE DATE: The ordinance shall be effective thirty days adoption, and the City Clerk shall certie to the adoption of this ordinance and c; be published at least once in a newspaper of general circulation within fifteen day, adoption, except that within the Coastal Zone the effective date of this ordinanct the date of final California Coastal Commission approval of this ordinance. 1111 1111 1111 /I// 1111 1111 //I/ 1111 //If i /Ill Ill1 1111 iI 2 I1 0 e 1 2 3 4 5 6 7 a 9 10 11 1 INTRODUCED AND FIRST READ at a regular meeting of the ( City Council on the 10th day of OCTOBER , 1995, and thereafter PASSED AND ADOPTED at a regular meeting of the City Counc City of Carlsbad on the 17th day of OCTOBER , 1995 by the following vote AYES: Council Members Lewis, Nygaard, Finnila, Hall NOES: None ABSENT: Council Member Kulchin 12 13 RON BALL, City Attorney 14 a= Q* G- /6. /b* 96' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: ALETHA L. RAUTENKRANZ, City Cldrk (SEAL) II 3