HomeMy WebLinkAbout2004-11-09; City Council; NS-733; Temporary Land Use Controls - Habitat Management Plan...1
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ORDINANCE NO. NS-733
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ADOPTED AS AN
URGENCY MEASURE ESTABLISHING TEMPORARY LAND
USE CONTROLS TO PROTECT SENSITIVE BIOLOGICAL
RESOURCES IN CONFORMANCE WITH THE RECENTLY
APPROVED HABITAT MANAGEMENT PLAN PENDING
PREPARATION AND CONSIDERATION OF ANY NECESSARY
AMENDMENTS TO ORDINANCES, CODES AND POLICIES.
WHEREAS, the City Council of the City of Carlsbad, California, has adopted the
Carlsbad Habitat Management Plan (HMP) which is a comprehensive plan for the conservation
and management of natural habitats in order to preserve the wildlife and the other biological
resources that occupy these areas; and
WHEREAS, the Carlsbad HMP has now been approved by the U.S. Fish and
Wildlife Service (USFWS) and the California Department of Fish and Game (CDF&G) pursuant
to the Federal Endangered Species Act and the California Natural Community Planning (NCCP)
Act and the City has been issued an Authorization/Permit for the Incidental Take of HMP wildlife
in accordance with the HMP; and
WHEREAS, the City has entered into an Implementing Agreement with USFWS
and CDFG to fully implement and commence performing the terms and obligations of the HMP;
and
WHEREAS, the City intends to immediately require all private and public
development projects to fully comply with the HMP while any follow-up amendments to existing
city regulatory documents are made; and
WHEREAS, the City intends to make all necessary amendments to existing land
use ordinances, codes and policies to fully incorporate the standards, conditions, and
requirements of the HMP and Implementing Agreement; and
WHEREAS, these amendments may include revisions to the city’s General Plan,
Zoning Ordinance, and other sections of the Municipal Code; and
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WHEREAS, the California Coastal Commission has approved an amendment to
the certified Local Coastal Program (LCP) to incorporate the HMP, and all biological resource
protection provisions of the LCP are in full force and effect within the Coastal Zone; and
WHEREAS, California Governmental Code Section 65858 allows a city, without
following the procedures otherwise required prior to the adoption of a zoning ordinance to adopt
as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with
contemplated General Plan and Zoning amendments which the city intends to study and
consider; and,
WHEREAS, the City Council believes that in order to preserve the health, safety
and general welfare of its citizens and to immediately commence implementation of the HMP, it
is necessary to adopt an Interim Ordinance as an Urgency Measure under the provisions of
Government Code Section 65858.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1: That the above recitals are true and correct.
SECTION 2: That during the time to study, consider and approve any follow-up
actions necessary to fully incorporate and implement the Carlsbad Habitat Management Plan,
all standards, requirements, terms and obligations of the Plan shall be in full force and effect.
SECTION 3: That no application for any land use or development entitlement,
including but not limited to a Master Plan, Specific Plan, Tentative Subdivision Map, Site
Development Plan or Conditional Use Permit shall be approved unless it fully complies and is
consistent with the Carlsbad Habitat Management Plan.
SECTION 4: That if there are any inconsistencies between the HMP and any
existing Zoning Ordinance standard, requirement or provision, the HMP shall take precedence.
SECTION 5: That within the Coastal Zone, the LCP contains special standards
and requirements. In the event of any inconsistency between the LCP and any other existing
land use regulation, the LCP shall take precedence.
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SECTION 6: That removal of any habitat, including but not limited to coastal
sage scrub, chaparral, grassland, and wetlands, is prohibited unless authorized by the City
pursuant to the HMP and this ordinance.
SECTION 7: That the City Council directs the Planning Department to
immediately commence the processing of any necessary amendments to the General Plan, the
Zoning Ordinance, the Municipal Code and any other documents containing standards,
regulations or policies to incorporate and fully implement the HMP.
SECTION 8: Following the adoption of this ordinance, the City Council shall
hold a public hearing within 45 days to consider extending this ordinance for up to 10 (ten)
months and 15 (fifteen) days pursuant to Government Code Section 65858(a). The City Clerk is
directed to notice the hearings as required by Government Code Section 65090.
DECLARATION OF URGENCY: This ordinance is hereby declared to be an
emergency ordinance adopted as an urgency measure to protect the public health, safety and
welfare and shall take effect immediately upon its adoption. The facts constituting the
emergency are those set forth above. Ten days prior to the expiration or any extension, the
staff shall provide the City Council with a report describing the measures taken to alleviate the
condition which led to the adoption of this ordinance.
EFFECTIVE: This urgency ordinance shall be effective immediately upon
passage and shall remain in force and effect as described in Section 8 above or until the City
Council has received, considered and approved any land use regulatory documents necessary
to fully incorporate and implement the Carlsbad Habitat Management Plan whichever occurs
first.
SEVERABILITY: If any section, subsection, sentence, clause, phrase or part of
this urgency ordinance is for any reason held to be invalid or unconstitutional by the final
decision of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining parts of this urgency ordinance. The City Council hereby declares that it would have
adopted this urgency ordinance and each section, subsection, sentence, clause, phrase or part
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thereof irrespective of the fact that any one or more of the sections, subsections, sentences,
clauses, phrases or parts are declared invalid or unconstitutional.
Furthermore, if the entire Ordinance or its application is deemed invalid by a
court of competent jurisdiction, any repeal of the Carlsbad Municipal Code by this Ordinance will
be rendered void and cause such Carlsbad Municipal Code provision to remain in full force and
effect for all purposes.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Carlsbad
City Council on the 9th day of November , 2004, by the following vote,
to wit:
AYES: Councii Kembers Lewis, Finnila, Hall and Yackard.
NOES: Gone
ABSENT:Council ivlember Kulchin.
ABSTAIN: None
ATTES~
M. WOOD, City Clerk
(SEA
/.-IO - oy
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