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HomeMy WebLinkAbout1996-09-17; City Council; NS-378; CMC 21.42.010 amends - Zoning code biological habitat preserve mods...3 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 e a ORDINANCE NO. NS - 3 7 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAmSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.42 BY THE AMENDM:ENT OF SECTION 21.42.010(15) TO ACCEPT THE SUGGESTED MODIFICATIONS APPROVED BY THE CALIFORNIA COASTAL COMMISSION RELATING TO BIOLOGICAL HABITAT PRESERVES CASE NAME: COASTAL COMMISSION MODIFICATIONS TO THE BIOLOGICAL HABITAT PRESERVE SECTION OF THE ZONING CODE CASE NO: ZCA 96-05 The City Council of the City of Carlsbad, California, does ordain as follow SECTION I: That Title 21, Chapter 21.42 of the Carlsbad Municipal 1 amended by the amendment of Section 21.42.010(15)(i) to read as follows: “21.42.010(15)(A)(i) (i) The biological habitat preserve shall not adversely impact thc ability to provide public facilities and improvements such as, but not limited to, Circ Element roadways, sewer or water infrastructure improvements and drainage improveml provided for in the Citywide Facilities and Improvements Plan, and the Certified Local Program.” SECTION 11: That Title 21, Chapter 21.42 of the Carlsbad Municipal ( amended by the amendment of Section 21.42.010(15)(B) to read as follows: “21.42.010(15)(B) (B) A conditional use permit shall not be required when a Bio Habitat Preserve is associated with a development proposal otherwise requiring environ review and discretionary approval by the City of Carlsbad, or a coastal development permi SECTION 111: That Title 21, Chapter 21.42 of the Carlsbad Municipal C amended by the addition of Section 2 1.42.01 O( 15)(C) to read as follows: “21.42.010(15)(C) (C) Nothing in this section shall be construed as permitting encroac or impacts to environmentally sensitive habitat areas and wetlands not permitted elsewhere Certified Local Coastal Program.” ... 7 Y H II e 9 1 1 EFFECTIVE DATE: This ordinance shall be effective thirty days 2 5 fifteen days after its adoption. Not withstanding the preceeding, this ordinance shall 4 published at least once in a publication of general circulation in the City of Carlsbac 3 adoption, and the City Clerk shall certifl to the adoption of this ordinance and cause effective until approved by the California Coastal Commission. 6 7 8 Council on the 17th day of September, 1996, and thereafter INTRODUCED AND FIRST READ at a regular meeting of the CarlsE 9 PASSED AND ADOPTED at a regular meeting of the City Council of the lo Carlsbad on the 24th day of September, 1996, by the following vote, to wit: 11 12 13 14 AYES: Council Members Lewis, Nygaard, Kulchin, Hall and Fil NOES: None ABSENT: None 15 16 17 18 19 20 21 22 &n.L 23 24 25 26 ATTEST: /? #!5V?YAaG, 1": ' ., PC?, >-i. LUC/ e our,* ALETHA L. RAUTENKRANZ, City Cle 27 28 (SEAL) -2- 5