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HomeMy WebLinkAbout1995-10-10; City Council; 13349; Biological Habitat PreservesI 3) i-4 Q==Y OF CARLSBAD - AGE”“)A BILL /-I’:’ BIOLOGICAL HABITAT PRESERVES - ZCA 95-02/LCPA 95-08 CITY MGR. -w IECOMMENDED ACTION: That the City Council ADOPT City Council Resolution No. 9seJ% APPROVING the Negative Declaration and ADOPT City Council Resolution No. c/ 5 -29 6 APPROVING the Local Coastal Program Amendment and INTRODUCE Ordinance No. nIS-32$ APPROVING the proposed zone code amendment defining Biological Habitat Preserve and requiring a Conditional Use Permit for biological habitat preserves. ITEM EXPLANATION On August 2, 1995, the Planning Commission approved (8-O) a resolution recommending approval of ZCA 95-02/LCPA 95-08 to the City Council. This zone code amendment proposes to define biological habitat preserve and to add a new section to Chapter 21.42 of the Carlsbad Municipal Code requiring the processing of a conditional use permit for biological habitat preserves to ensure that designated preserves are consistent with the City’s General Plan, Growth Management Plan, Local Coastal Program and habitat management planning efforts. The Local Coastal Program (LCP) amendment is necessary to ensure consistency between the City’s Zoning Ordinance and its Local Coastal Program. In early 1995, the City was notified that the property formerly known as Carlsbad Highlands, located in Zone 15 on the eastern boundary of the City was being considered as a “conservation bank”. The establishment of a conservation bank in the City raised several issues including whether the preserve would preclude providing necessary facilities under growth management and whether the proposal was consistent with the General Plan. The timing and start-up of the conservation bank and the mechanism for authorizing it were initially unclear to staff. Ultimately, staff was informed that the property owner and the wildlife agencies had negotiated a Memorandum of Understanding (MOU) to establish the conservation bank. Because no formal mechanism existed in the City requiring a permit for biological habitat preserves, there was no way for staff to require the property owner to address issues of concern to the City. In this case, the City was able to resolve these issues, but a formal process would have made the resolution quicker and easier. The proposed zone code amendment will require that a CUP be obtained for proposed biological habitat preserves. A CUP will not be required for preserves that are proposed as part of a development proposal requiring environmental review nor for land zoned as Open Space (OS). Although a CUP is required for biological habitat preserves under this new code section, there will be no way to guarantee the processing of a CUP on lands being purchased with the idea of using them for mitigation. Unless the City is notified that property is being considered for a formal biological habitat preserve, there is no way of knowing that land is being used as mitigation for projects outside of the City of Carlsbad. Upon adoption of this ZCA, staff will officially inform the resource agencies of the CUP requirement and enlist their cooperation. This will ensure that in the future, the City is notified early in the process of identifying biological habitat preserves and that property owners are notified in a timely manner that a CUP is required before a biological habitat is formally designated. PAGE 2 OF AGENDA BILL NO. 13,349 Because the proposed zone code amendment does not condone any site specific development and because future projects will be individually reviewed to evaluate environmental impacts, the Planning Director determined that no significant adverse environmental impacts will result from this proposal and has, therefore, issued a Negative Declaration on April 12, 1995. FISCAL IMPACTS No direct fiscal impacts are anticipated. EXHIBITS 1. City Council Resolution No. 95’-a% 2. City Council Resolution No. 95-29 67 3. City Council Ordinance No. /2/J-s 4. Planning Commission Resolution Nos. 3782, 3783 and 3788 5. Planning Commission Staff Report, dated August 2, 1995 6. Excerpts of Planning Commission Minutes, dated August 2, 1995. s 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 RESOLUTION NO. 95-295 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A NEGATIVE DECLARATION FOR 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 AND FOR A LOCAL COASTAL PROGRAM AMENDMENT TO ENSURE CONSISTENCY BETWEEN THE CITY’S ZONING ORDINANCE AND ITS LOCAL COASTAL PROGRAM. CASE NAME: BIOLOGICAL HABITAT PRESERVES CASE NO: ZCA 95-02/LCPA 95-08 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on August 2,1995, hold a duly noticed public hearing as prescribed by law to consider said request; and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 4 That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Findings and Conditions of Planning Commission Resolution No. 3782, on file with the City Clerk and incorporated herein by reference constitute the findings of the City Council in this matter and that the Negative Declaration is hereby approved. - 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 26 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the day of OCTOBEI~ 1995, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None AT’kEST: -2- 3 f. , I 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 27 28 RESOLUTION NO. 9 5 - 2 9 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO ALL SIX SEGMENTS OF THE CARLSBAD LOCAL COASTAL PROGRAM (LCP) TO ENSURE THAT THE CITY’S ZONING ORDINANCE (WHICH FUNCTIONS AS THE IMPLEMENTING ORDINANCE FOR THE CITY’S LCP) AND THE CITY’S LOCAL COASTAL PROGRAM ARE CONSISTENT IN REQUIRING THE PROCESSING OF A CONDITIONAL USE PERMIT FOR BIOLOGICAL HABITAT PRESERVES. CASE NAME: BIOLOGICAL HABITAT PRESERVE CASE NO: LCPA 95-08 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; WHEREAS, a verified application for an amendment to all six segments of the City’s Local Coastal Program has been filed with the Planning Department; and WHEREAS, said verified application constitutes a request for an amendment tc all six segments of the City’s LCP as provided in Title 21 of the Carlsbad Municipal Code; ant WHEREAS, the City Council did on the 10th day of OCTOBEP 1995, hold a dul) noticed public hearing as prescribed by law to consider the proposed Local Coastal Program Amendment shown on Exhibit “X”, dated August 2, 1995, attached to Planning Commissior Resolution No. 3783; and WHEREAS, at said public hearing, upon hearing and considering all testimony ant arguments, if any, of all persons desiring to be heard, said Council considered all factors relating to the Local Coastal Program Amendment; and i 5 WHEREAS, State Coastal Guidelines requires a six week public review period for 1 any amendment to the LocaI Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carl&ad, as follows: . . . . * t . 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) B) That the foregoing recitations are true and correct. That at the end of the State mandated six week review period, starting on July 20, 1995, and ending on August 31, 1995, no comments from the public had been received. Q That based on the evidence presented at the public hearing, the Findings and Conditions of Planning Commission Resolution No. 3788, on file with the City Clerk and incorporated herein by reference constitute the findings of the City Council in this matter and that the Local Coastal Program Amendment is here by approved. . PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, held on the 10th day of OCTOBER, 1995, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None Al-TEST: ALETHA L. RAUTENKRANZ, City Cle 1 (SEAL) 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 follows: SECTION 1: That Title 21, Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of Section 21.04.048 to read as follows: “21.04.048 Biological Habitat Preserve. Any area which is designated and accepted by a Federal, State or local agency as a permanent or temporary sanctuary, reserve or protected area for biological species of any kind.” SECTION 2: That Title 21, Chapter 21.42 of the Carlsbad Municipal Code 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 21.04.048 of this code, subject to the following conditions: (i) The biological habitat preserve shall not adversely impact the City’s ability to provide public facilities and improvements such as, but not limited to, Circulation Element roadways, sewer or water infrastructure improvements and drainage improvements, as provided for in the Citywide Facilities and Improvements Plan. (ii) The biological habitat preserve shall be consistent with the City’s habitat management planning efforts or agency approved Habitat Management Plan 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 - - and will not negatively impact the City’s ability to obtain or implement a Habitat Management Plan. (iii) The biological habitat preserve shall be consistent with the City’s Local Coastal Program. (B) A conditional use permit shall not be required when a Biological Habitat Preserve is associated with a development proposal otherwise requiring environmental review and discretionary approval by the City of Carlsbad.” EFFECTIVE DATE: The ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation within fifteen days after its adoption, except that within the Coastal Zone the effective date of this ordinance shall be the date of final California Coastal Commission approval of this ordinance. Illi /I// /Ill /I// /Ill /Ill l/II /Ill /Ill /Ill l/II /Ill . 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 - INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of , 1995, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 1995 by the following vote, to wit: AYES: NOES: ABSENT: RON BALL, City Attorney CLAUDE A. LEWIS, Mayor ATI’EST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) EXBIT 4 1 I/ PLANNING COMMISSION RESOLUTION NO. 3782 2 3 4 5 6 7 8 9 10 11 12 13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION FOR 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/LCPA 95-08 14 WHEREAS, the Planning Commission did on the 2nd day of August, 1995, 15 hold a duly noticed public hearing as prescribed by law to consider said request, and 16 WHEREAS, at said public hearing, upon hearing and considering all testimony 17 and arguments, examining the initial study, analyzing the information submitted by staff, and 18 19 20 21 22 23 considering any written comments received, the Planning Commission considered aII factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 4 That the foregoing recitations are true and correct. 24 25 26 27 20 B) That based on the evidence presented at the public hearing, the Planning Commission hereby recommends APPROVAL of the Negative Declaration according to Exhibit “ND”, dated July 18, 1995 and “PIP’, dated March 27, 1995, attached hereto and made a part hereof, based on the following findings: 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 Findhs: 1. The initial study shows that there is no substantial evidence that the project may have a significant impact on the environment. 2. That because no development is proposed as part of this zone code amendment, and because future projects will be individually reviewed to evaluate environmental impacts, no impacts are anticipated to geologic resources, water resources, air quality, transportation/circulation, biological resources, energy and mineral resources, hazards, noise, public services, utilities and services, aesthetics, cultural resources, or recreation. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of August, 1995, by the following vote, to wit: AYES: Chairperson Welshons; Commissioners Compas, Erwin, Monroy, Nielsen, and Savary. NOES: None. ABSENT: Commissioner Noble. ABSTAIN: None. KIM I@ELSHONS, Chairperson CARLSBADP LANNING COMMISSION ATTEST: Planning Director PC RESO NO. 3782 -2- AMENDED NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Citywide - City of Carlsbad, County of San Diego, State of California PROJECT DESCRIPTION: An ordinance amending Title 21, Chapter 21.04 of the Carlsbad Municipal Code by the addition of Section 2 1.04.048 to define Biological Habitat Preserve and amending Title 21, Chapter 42 of the Carlsbad Municipal Code by the addition of Section 2 1.42.010(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, and to amend the City’s Local Coastal Program (LCP) to ensure consistency between the City’s Zoning Ordinance (ivhich &nctions as the implementing ordinance for the LCP) and the City’s LCP. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Pianning Department within 30 days of date of issuance. If you have any questions, please call Teresa Woods in the Planning Department at (619) 438-l 161, extension 4447. DATED: CASE NO: JULY 18, 1995 MICHAEL J. H?kZMIkLER ZCA 9502ILCPA 95-08 Planning Director CASE NAME: BIOLOGICAL HABITAT PRESERVE PUBLISH DATE: JULY 18, 1995 Twxd 2075 Las PalmaS Drive - Carlsbad, California 92009-1576 l (619) 436-l 161 @ ENVIRONMENTAL l&PACT AS$ESSMENT FORM - PART B (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. ZCA 9542 DATE: MARCH 27. 1995 1. 2. 3. 4. 5. CASE NAME: BIOLOGICAL HABITAT PRESERVE APPLICANT: City of Carl&ad ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 Las Palmas Drive, Carl&ad, CA, 92009, (619) 438-l 161, extension 4212 DATE EIA FORM PART I SUBMl’ITED: N/A PROJECI’ DESCRIIYIION: An ordinance amending Title 21, Chapter 04 of the Carl&ad Municipal Code by the addition of Section 2 1.04.048 to define Biological Habitat Preserve and amending Title 2 1, Chapter 42 of the Carl&ad Municipal Code by the addition of Section 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 wgement Plan and Habitat Management Planning efforts. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially afkted by this project, involving at least one impact that is a “Potentially Significant Impact”, or ‘Potentially Sign&ant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following @ges. - Land Use and Planning - Transportation/Circ&tion - Public Services - Population and Housing - Geological Problems - Water - Air Quality - Biological Resources - Utilities and Service Systems - Energy and Mineral Resources ’ - Aesthetics -- - cultuTal Resources - Noise - Recreation - Mandatory Findings of Significance DETERMINATION. & be completed by the Lead Agency). On the basis of this initial evaluation: I fmd that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION wilI be prepared. I find that although the proposed project could have a signiflcant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the propowd project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I fmd that the proposed project MAY have significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuan t to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a “potentially significant impact’ or “potentially significant unless mitigated.” An ENVIRONMENTAL IMPACT REPORT/MITIGATE NEGATIVE DECLARATION is required, but it must analyse only the effects that remain to be addressed. I find that although the proposed project could have a signiflcant effect on the environment, there WILL NOT be a significant effect in’this case because all potentially signiticant effects (a) have been analyzed adequately in earlier EIR’s pursuan t to applicable standards and (b) have been avoided or mitigated pursuant to the earlier ElR’s, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. L* W-L 4-s-95 Planner Signature Date Planning Directo?%ignat& Date . ENV[R~NMENTALIMPA~ STATE CEQA GUIDELINES, Clupter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to dctermk if a project may have a significant effect on the environment. The Environmental Impact Assessm ent appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. . A brief explanation is required for all answers except ‘No Impact’ answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involv&L A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general Stan* “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely sign&ant, and the impact does not exceed adopted general standards and policies. ‘Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact’ to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. Based on an “E&Part II”, if a pmposed project could have a potentially significant effect on the environment, but a potentially significant effects (a) have been analyxed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standa& and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, then no additional environmental document is required (Prior Compliance). A Negative Declaration may be pmpared if the City perceives no substantial evidence that the project or any of its aspects may cause a signiftcant effect on the environmetit. If there are one or more potenWly significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Signifkant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. b When ‘potentially Significant Imp49 is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzcd adquately in an earlier EIR pursuant to applicable standa& and the &fed will be mitigated, or a “Statement of Overriding considerations” has been madepunlanttotbatearlierExR. . An EIR ma be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following ckumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation mesures that redfxe the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made p ursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than signifkant, or, (4) through the EL&Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially sign&ant effect to below a level of sign&ance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAl, EVAILJATION . Particular attention should be given to discussing mitigation for impacts which would otherwise be determined signi!icant. 4 Rev. lpq9!! \b . Issua(adsuppduglnf-~): I. LAND USE AND PLANNING. Would the proposal: a W 4 d) e) II. a) W cl III. a) W cl 4 d Conflict with general plan designation or zoning? Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? Be incompatible with existing land use in the vicinity? Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? POPULATION AND HOUSING. Would the pqosal: Cumulatively exceed official regional or local population projections? Induce substantial growth in an area either directly or indkctly (e.g. through projects in an undeveloped area or extension of major Mastructure)? Displace existing housing, especially affordable housing? GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: Fault rupture? Seismic ground shaking? Seismic ground failure, including liquefaction? Seiche, tsunami, or volcanic hazard? Landslides or mudflows? pbcpcirllf sii RJtewy Ullh Lcsrbm signifii .’ * Signifiaut No impact Ii+zgtd rzapct w=t x x x x x x x x -26 x x x x 5 Rev. 1/3q9s J . ha ml sqpatiq IafutMtlat tiYoum%): 0 g) h) 0 Iv. a) W cl 4 4 g) h) 9 Erosion, changes in topography or unstable soil conditions from excavation, grading, or IIll? Subsidence of the land? Expansive soils? Unique geologic or physical features? WATER Would the proposal result in: Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Exposure of people or property to water related hazards such as flooding? Discharge into surf&e waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? Changes in the amount of surface water in any water body? Changes in currents, or the course or direction of water movements? Change in the quantity of ground waters, either through direct additions or withdrawals, or through intercepian of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? Altered direction or rate of flow of groundwater? Impacts to groundwater quality? Substantial reduction in the amount of groundwater otherwise available for public water supplies? -lur sii Uh . . llz$Ed leuTh Significant hpct No hwt x x x x x x x A- x x x x x m.. ls!aler &Id suppat& lnfamtial !jinucu): V. a) AIR QUALTI’Y. Would the proposal: Violate any air quality standard or contribute to an existing or projected air quality violation? W d Expose sensitive receptors to pollutants? Alter air movement, moisture, or temperature, or cause any change in climate? 4 VI. Create objectionable odors? TRANSPORTATION/C&ULATION. Would the proposal result in: a) b) Increased vehicle tripe or traffic congestion? Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm quipment)? d Inadquate emergency access or access to nearby UXS? 4 d 0 Insufficient parking capacity on-site or off-site? Hazards or barriers for pedestrians or bicyclists? 8) VII. Conflicts with adopted policies supporting alternative transportation (e.g. bus tumouts, bicycle racks)? Rail, waterborne ac air mfflc impacts? BIOLOGICAL RESOURCES. Would the propo& result in impacts to: a) Endangered, threatened or rare specie-s or their habitats (including but not limited to plants, fish, insects, animds, and birds? W Locally designated species (e.g. heritage trees)? No hl=t x - x -4 x - x 4 x I - x x - x 7 Rev . l/W= \4 . . cswes (al suppatii hfamaa -1: a 4 e) VIII. a) b) a Ix. a) b) cl 4 4 X. a) b) Lmaiiy designa!ul natural communities (e.g. oak forest, coastal habitat, etc.)? Wetland habitat (e.g. marsh, ripaxian and vernal pool)? Wildlife dispersal or migration corridors? ENERGY AND MINERAL RESOURCES. Would the Proposal: Conflict with adopted energy consen&on plans? Use non-renewable resources in a wasteful and inefficient manner? Result in the loss of availability of a known mineral resource that would be of future value to the region And the residents of the State? HAZARDS. Would the proposal involve: A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation? Possible interference with an emergency response plan or emergency evacuation plan? The creation of any health hazard or potential health hazatd? Exposureofpeopletoexistingsources of potential health hazards? Increase fie hazard in areas with flammable brush, grass, or trees? NOISE. Would the proposal result in: Increases in existing noise levels? Exposure of people to severe noise levels? 8 -d7 slim FUddly UIlh siinifwm Mitiguial lmpct mati LcmTbm Significant Impct No w=t x x x x x x x x x x x x x Rev. 1/30/95 x0 - I ksle md stqqmipl Infe saucu): XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altend government services in any of the following areas: a) W d 4 d XII. Fii protection? Police protection? Schools? . 4 W d Maintenance of public facilities, including roads? Other governmental services? UTILITIES AND SERVICES SYSTEMS. Would the proposal reksult in a need for new systems or supplies, or substantial alterations to the following utilities: Powerornaturaigas? Communications systems? Local or regional water treatment or distribution facilities? 4 d 0 I) XIII. a) b) c) Create light or glare? Sewer fx septic tanks? Storm water drainage? Solid waste disposal? Local or rqiond water suppli~? AESTHETICS. Would the proposal: Affect a scenic vista or scenic highway? Have a demons&able negative aesthetic effect? FoteptLur siii lmact I#Zltidly siikm UW LcsllnD . . * Significant ,,“““, xmpct lI$t A- x x x x x x x x x x A- x x x 9 Rev. 1/3cy95 2’ . Iiva.la (Md suppating lnfam8tial saxcu): XIV. a) b) c) 4 e) xv. a) W XVI. a) W CULTURAL RESOURCES. Would the proposal: Disturb paleontological resources? Disturb archaeological resources? Affect historical resources? Have the potential to cause a physical change which would affect unique ethnic cultural values? Restrict existing religious or sacred uses within the potential impact area? RECREATION. Would the proposal: Increase the demand for neighborhood or regional parks or other recmational facilities? Affect existing recreational opportunities? MANDATORY FINDINGS OF SIGNIFICANCE. Does the project have the potential to degrade the quality of the environment, substantMy reduce the habitatofafishorwildlifespecies,causea~or wildlife population to drop below self-sustaining levels, threaten to ehminate a plant or animal community, reducethenumberorrestricttherangeofarareor endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable? (‘Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future p~j~) -rlly Sifplifll ibtddly Unla b-l%80 No lw=t x x x x x x x 10 Rev. 1/3ops rr* - . siinificra FOtddly Unlar LaThan l-=(~suppatip(Mam8tlat-): signifii -* - Siifiant No lnqmct ,.“““, lmp8ct fw=t c) Does the project have environmental effects which wilI cause substantial adverse effects on human beings, either directly or indirectly? A- XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)@). In this case a discussion should identify the following on attached sheets: a) b) 4 Earlier analyses used. Identify earlier analyses and state where they are available for review. Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation m-es based on the earlier analysis. Mitigation measures. kor effects that are “Less than Signikant with Mitigation Incorporated, describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 11 Rev. 1/30/9s 33 DISCUSSION OF ENVlRONIWENTAL EVALUATION . I. PROJECT BACBGROIJND INFORMATION ThisZoneCodeAmendmen t (ZCA) will add new sections of code to: (1) define Biological Habitat Preserve and, (2) 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 and Habitat Management Planning efforts: The ZCA will confirm that property purchased for the purpose of long-term habitat protection is located in such a manner as to be consistent with the City’s habitat management planning efforts, as well as consistent with the regional efforts of the Multi-species Habitat Conservation Plan (MHCP) and the State of California’s Natural Communities Conservation Plan (NCCP). The 2CA will also ensure that the designation of land for habitat preservation does not significantly impact the City’s ability to achieve the public facilities as outlined in the City’s Growth Management Plan This zone code amendment does not condone any physical development. Because no development is proposed as part of this zone code amendment, and because future projects will be individually reviewed to evaluate environmental impacts, no impacts are anticipated to geologic reso- water resources, air quality, transportation/circulation, biological resources, energy and mineral resources, hazards, noise, public services, utilities and setices systems, aesthetics, cultural resources, or recreation. Non4ZeIevant Exmironmental Issues Due to the nature of this project, the following RIA Part II checklist categories are not relevant or applicable, therefore, the “No Impact” column has been checked. I. Land Use Planning - a), b), c), d), e) IL Population and Housing - a), b), c) IIL Geologic Problems - a), b), c), d), e), f), g), h), i) IV. Wat- - a). b), ~1, 4, d, 0, g), h), 0 V. Air Quality - a), b), c), d) VI. TransportationlCirc*a - a), b), ~1, d). e), 0, g) VII. Biological Resources - a), b), c), d), e) VJIL, Energy and Mineral Resources - a), b), c) IX. M - a), bh d. 4, e) X. Noise - a), b) 12 Rev. lpops L3( XL Public Serviu~ - a), b), c), d), e) . XII. Utilities and services Systems - a), b), c), d), e), 0, g) XiII. Aesthetics - a), b), c) XIV. CulturalResouces- a), b), cl, 4, d JCV. Recreation - a), b) l 13 LIST MITIGATING MEASURJ3 IIP APPLICABLE) -N/A ATTACH MITIGATION MONITORING PROGRAM IIF APPLICABLE] N/A . 14 APPLICANT CONCURRENCE WITH MITIGATION MEAS~ THIS IS ‘I’0 CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WlTH THE ADDITION OF THESE MEASURES TO THE PROJ-ECl’. bate 15 Rev. 1/3o/!a 3 PLANNING COMMISSION RESOLUTION NO. 3783 2 3 4 5 6 7 8 9 10 11 12 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 JMUNICIPAL 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 13 WHEREAS, the City of Carlsbad has initiated this zone code amendment to 14 ensure that designated biological habitat preserves are reviewed for consistency with the 15 City’s General Plan, Growth Management Plan and Habitat Management planning efforts; 16 II and 17 18 WHEREAS, the Planning Commission did on the 2nd day of August, 1995, 19 20 21 22 23 24 25 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 26 27 28 4 W That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA 95-02, according to Exhibit “x”, dated August 2, 1995, attached hereto and made a part hereof, based on the following findings: 3 II . . . . . 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 J?indlngg 1. 2. 3. The proposed amendment is consistent with the various elements of the General Plan by ensuring that biologIcal habitat preserves are designated in conformance with the various elements of the General Plan. The proposed amendment will not cause adverse impacts on ’ surrounding development because biological habitat preserves do not involve physical development and because individual habitat preserves will be reviewed individually for environmental impacts under Title 19 of the Carlsbad Municipal Code and the California Environmental Quality Act. The proposed amendment will ensure that biological habitat preserves are designated in conformance with the Carisbad Growth Management Plan and the City’s habitat management planning efforts. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of August, 1995, by the following vote, to wit: AYES: Chairperson Welshons; Commissioners Compas, Erwin, Monroy, Nielsen and Savary. NOES: None. ABSENT: Commissioner Noble. ABSTAIN None. KIM TkSHONS, Chairperson CARLSBADPLANNIN G-COMMISSION AlTEST: MI~HAELJ.I-MLZ~LLER Planning Director PC RESO NO. 3783 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 ~ PLANNING COMMISSION RESOLUTION NO. 3788 I I A RESOLUTION OF THE P LANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, I RECOMMENDINGAPPROVALOFANAMENDMENTTO ALL SIX SEGMENTS OF THE CARLSBAD LOCAL COASTAL PROGRAM TO MARE THE ZONING CODE (WHICH FUNCTIONS AS THE IMPLEMENTING ORDINANCE FOR THE LOCAL COASTAL PROGRAM) AND THE LOCAL COASTAL PROGRAM CONSISTENT IN REQUIRING THE PROCESSING OF A CONDITIONAL I USE PERMIT FOR BIOLOGICAL HABITAT PRESERVES. CASE NAME: BIOLOGICAL HABITAT PRESERVES CASE NO: LCPA 95-08 I WHEREAS, California State law requires that the Local Coastal Plan, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; WHEREAS, a verified application for an amendment to the Local Coastal Program, has been filed with the Planning Department; and WHEREAS, said verified application constitutes a request for amendment as provided in Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 2nd day of August, 1995, hold a duly noticed public hearing as prescribed by law to consider the proposed Local Coastal Program Amendment shown on Exhibit “x*, dated August 2, 1995, attached to Planning Commission Resolution No. 3783; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all 1 factors relating to the Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines require a six week public review period for any amendment to the Local Coastal Program. l 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: 4 B) That the foregoing recitations are true and correct. At the end of the State mandated six week review period, starting on July 20, 1995, and ending on August 31, 1995, staff shall present to the City Council a summary of the comments received. Cl That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of LCPA 95-08, as shown on Exhibit “LCPA 9508”, dated August 2, 1995, attached hereto and made a part hereof based on the followillg findings: Findinas: 1. 2. 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The proposed Local Coastal Program Amendment is consistent with all applicable policies of the City of Carlsbad Local Coastal Program in that Biological Habitat Preserves located within the Coastal Zone, processed pursuant to these amended regulations, shall be required to be consistent with alJ applicable LCP development standards, policies and provisions. The proposed amendment is required to maintain consistency between the zoning code and the Local Coastal Program. The Planning Director has found that., the environmental effects of this project will be less than significant and therefore has issued an Amended Negative Declaration on July 18, 1995. PC RESO NO.3788 -2- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of.the City of Carlsbad, held on the 2nd day of August, 1995, by the following vote, to wit: AYES: Chairperson Welshons; Commissioners Compas, Erwin, Monroy, Nielsen and Savary. NOES: None. ABSENT: Commissioner Noble. ABSTAIN: None. KIM wELsHONS, Chairperson CARLSBADP LANNING COMMISSION ATTEST Planning Director PC RESO NO. 3788 -3- - EXHBIT 5 lie city d tarball lldg lkprlml A REPORT TO TIIE PLANNING COMMISSION Item No. 3 0. P.C. AGENDA OF: AUGUST 2, 1995 Application complete date: N/A Project Planner: Teresa Woods Project Engineer: N/A SUBJECT: ZCA 9502/LCPA 95-08 - BIOLOGICAL HABITAT PRESERVES - Request for an amendment to Title 21, Chapter 21.04 of the Carlsbad Municipal Code by the addition of Section 21.04.048 to define Biological Habitat Preserve and amending Title 21, Chapter 21.42 of the Carlsbad Municipal Code by the addition of Section 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 (LCP) and Habitat Management Planning efforts, and to amend the City’s LCP to ensure consistency between the City’s zoning ordinance (which functions as the implementing ordinance for the LCP) and the City’s LCP. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3782, recommending APPROVAL of the Negative Declaration issued by the Planning Director and ADOPT Planning Commission Resolution No. 3783, recommending APPROVAL of ZCA 95-02, and Planning Commission Resolution No. 3788 recommending APPROVAL of LCPA 95-08, based on the findings contained therein. II. INTRODUCTION This Zone Code Amendment proposes to define biological habitat preserve and to add a new section to Chapter 21.42 of the Carlsbad Municipal Code requiring the processing of a conditional use permit for biological habitat preserves to ensure that designated biological habitat preserves are consistent with the City’s General Plan, Growth Management Plan, Local Coastal Program and Habitat Management Planning efforts. The Local Coastal Program (LCP) Amendment is necessary to ensure consistency between the City’s Zoning Ordinance and its Local Coastal Program. III. PROJECT DESCRIPTION AND BACKGROUND In early 1995, the City was notified that the property formerly known as Carlsbad Highlands, located in Zone 15 on the eastern boundary of the City was being. considered as a “conservation bank”. A conservation bank sets aside lands for the ZCA 95-03LCPA 95-08 - mOLOGICAL HABITAT PRESERVb AUGUST 2,199s protection of sensitive habitat and species while allowing the property owner to realize market value for their property by pre-approving the land as a mitigation parcel for developments off-site. The establishment of a conservation bank in the City raised several issues including: (1) whether the preserve would preclude providing necessary facilities under growth management; (2) whether the proposal was consistent with the General Plan; and, (3) whether allowing projects out of the City to mitigate environmental impacts in Carlsbad was desirable. These issues will be discussed iu the analysis section below. Bank of America took possession of Carlsbad Highlands, a 263-acre parcel of unimproved property, through foreclosure proceedings in September, 1993. An appraisal at acquisition indicated a low value, predominately due to the environmental constraints on the property. Since that time, the Bank has sold 83 acres to Caltrans as mitigation land for Highway 76 in Oceanside, which impacted gnatcatcher habitat. The 83 acres are permanently designated as open space through a conservation easement. Realizing the potential of the property as a conservation bank, Bank of America received approval from the U.S. Fish and Wildlife Service, the California Department of Fish and Game, and the California Resources Agency to designate the balance of the parcel as a “pre-approved” conservation bank. The timing of start-up of the conservation bank and the mechanism for authorizing it were initially unclear to staff. Ultimately, staff was informed that the Bank and the U.S. Fish and Wildlife Service, California Department of Fish and Game, and California Resources Agency had negotiated a Memorandum of Understanding (MOU) to establish the conservation bank. Because no formal mechanism existed in the City requiring a permit for Biological Habitat Preserves, there was no way for staff to require the property owner to address issues of concern to the City. In this case, the City was ultimately able to resolve these issues, but a formal process would have made the resolution quicker and easier. This zone code amendment has been initiated to ensure that in the future, lands proposed for biological habitat preserves are reviewed through a formal process which would allow the City the opportunity to address issues related to the General Plan, Growth Management Plan and Habitat Management Planning efforts. The proposed zone code amendment would require the processing of a conditional use permit (CUP) for biological habitat preserves to ensure that designated biological habitat preserves comply with the following policies and regulations: Carlsbad General Plan Carlsbad Local Coastal Program Growth Management Habitat Management Planning efforts Chapter 21.42 (Conditional Uses) of the Carlsbad Municipal Code ZCA 95-02JLCPA 95-08 - biOLOGICAL HABITAT PRESERVES AUGUST 2,199s lv. ANALYSIS Staff is recommending approval of this project. Therefore this analysis section will present the project’s compliance with the above policies and regulations. a. General Plan The proposed zone code amendment is consistent with the vision, goals, and programs of the General Plan. One of the vision statements of the General Plan is “A City which recoguizes the value of its unique ecological position as a coastal city of beaches, fragile lagoons, and unspoiled canyons; which has taken steps to conserve the quality and quantity of its air, water, land and biological resources.” Supporting this vision are goals in the Open Space and Conservatian Element that include: “(1) A City which protects wildlife habitat through the preservation and enhancement of significant feeding, nesting and breeding areas; (2) A City which preserves to the maximum extent possible, the existing level of biodiversity; (3) A City which preserves a variety of unique conservation areas to accommodate the needs of humans, plants and animals; and, (4) A City that protects environmentally sensitive land and buffer areas. Implementing programs and policies supporting these goals include: “(1) Identity existing open space for protection, management, and potential enhancement to maintain and, if possible, increase its value as wildlife habitat; and, (2) Coordinate planning and development of a citywide open space system with habitat planning efforts. All of these statements support the concept of a well planned and coordinated system of open space and habitat preserves. Consistent with the vision, goals and policies, the proposed zone code amendment will ensure that habitat preservation is done in a coordinated manner consistent with the Carlsbad General Plan. b. Caelsbad Local Coastal Prom-am The City’s zoning Ordinance, as approved by the California Coastal Commission, functions as the implementing ordinance for Carlsbad’s Local Coastal Program. To ensure consistency between the City’s amended Zoning Ordinance and it’s LCP, this LCP amendment is being processed. The proposed LCP amendment, which will add new requirements and procedures for designated biological habitat preserves, is not anticipated to result in significant impacts to coastal resources. Any designated biological habitat preserve will be required to be consistent with applicable LCP standards, policies and provisions. At the end of the State mandated six week public comment period, starting on July 20, 1995, and ending August 31, 1995, staff shall present to the City Council a summary of comments received. ZCA 95024LCPA 95-08 - brOLOG1CA.L HABITAT PRESERVES AUGUST 2.1995 C. Growth Manwement The proposed zone code amendment is being processed to ensure that biological habitat preserves will not preclude the City’s ability to provide necessary facilities identified in the City’s Growth Management Plan. Staff is concerned that if too much of the City were designated as open space it would be difficult to fund necessary public facilities, as well as result in the reduction of long term income sources which were anticipated when growth management was established. By requiring habitat preserves to be reviewed under a CUP, fiscal and infrastructure impacts can be identified and adequately analyzed. d. Habitat Manaeement Planning Efforts In 1991, the City began preparing a Habitat Management Plan (HMP). The goal of the HMP is to preserve habitats within the City in a mix and configuration that will ensure the persistence, diversity, and species richness of natural communities within the City. A draft I-IMP has been out for public review since July 1994. The continued processing of the I-IMP has been delayed to allow time for the development of regional habitat management plans. It is anticipated that the City’s HMP will be ready for Council action in approximately 6 months. The proposed zone code amendment will ensure that future proposed biological habitat preserves are located consistent with the recommendations of the Carlsbad HMP. e. Zonine Ordinance ChaDter 21.42 of the Carfsbad MuniciDal Code The proposed zone code amendment will require (per Section 21.42.010(15)) that a CUP be obtained for any proposed biological habitat preserve. A CUP will not be required for preserves that are proposed as part of a development proposal requiring environmental review nor for land zoned as Open Space (OS). Although a CUP is required for biological habitat preserves under this new code section, there will be no way to guarantee the processing of a CUP on lands being purchased with the idea of using them for mitigation. Unless the City is notified (by either the resource agencies or property owner), that property is being considered for a formal biological habitat preserve, there is no way of knowing that laud is being used as mitigation for projects outside of the City of Carlsbad. Staff will be working with the resource agencies to ensure that in the future, the City is notified early in the process of identifying biological habitat preserves and that property owners are notified in a timely manner that a CUP is required before a biological habitat preserve is formally designated. SUMMARY The proposed zone code amendment is consistent with the visions, goals, and programs of the General Plan, will not cause adverse impacts to the City’s Growth Management Plan, ZCA 95024LCPA 95-08 - blOLOGICAL HABITAT PRESERVES AUGUST 2,1995 will ensure consistency with LCP standards, policies and provisions, and will comply with the City’s habitat management planning efforts. Therefore, staff recommends approval of ZCA 95 -02. V. ENVIRONMENTAL REVIEW Because the proposed zone code amendment does not condone any site specific development and because future projects will be individually reviewed to evaluate environmental impacts, the Planning Director determined that no significant adverse environmental impacts will result from this proposal and has, therefore, issued a Negative Declaration on April 12, 1995. A’ITACHMJWTS 1. Planning Commission Resolution No. 3782 2. Planning Commission Resolution No. 3783 3. Planning Commission Resolution No. 3788. 37 PLANNING COMMISSION August 2,1995 EXHBIT 6 PAGE 9 3. ZCA 95-02/LCPA 95-08 - BIOLOGICAL HABITAT PRESERVES - Request for recommendation of approval of a Negative Declaration and an amendment to Title 21, Chapter 21.04 of the Carl&ad Municipal Code by the addition of Section 21.04.046 to define Biological Habitat Preserve and amending Title 21, Chapter 21.42 of the Carlsbad Municipal Code by the addition of Section 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. Terri Woods, Associate Planner, reviewed the background of the request and stated that ZCA 95-02/LCPA 95-08 is a request for an amendment to Title 21 to define biological habitat preserve and to establish a Conditional Use Permit (CUP) process for the establishment of a biological habitat preserve. It will also amend the Local Coastal Program (LCP) consistent with these changes. The zone code amendment is being initiated primarily to ensure that future biological preserves are formally reviewed through a City process. Earlier this year, land known as the Highlands Property was being considered as a conservation bank by state and federal agencies. The property owner, Bank of America, did not come to the City to make its wishes known. It was only very late in the process that the City was notified of the fact that this was going to be established as a habitat mitigation bank. When staff reviewed it, there were some issues dealing with Carlsbad’s growth management plan. There is a road which runs through the middle of the property (Cannon Road) which has regional significance. Staff wanted to ensure that the City would have the ability to put that road through, should the land be designated as a preserve. Bank of America did work with staff to negotiate all the issues in this particular case. The proposed zone code amendment will ensure that, in the future, the City will have a better mechanism to identify those issues and to ensure that they are addressed prior to the agencies taking action on a designated preserve. The City is also requesting an amendment to the LCP. The City’s zoning ordinance is the City’s implementation ordinance for its LCP. By amending the LCP, the City is keeping the implementing ordinance up to date. Staff recommends approval of this zone code and LCP amendment. Commissioner Monroy inquired about the 63 acres which were sold for mitigation of Highway 76. What happened to the density allocated for those 63 acres. Ms. Woods replied that the density goes into the City’s housing bank of excess units. Commissioner Monroy inquired if he is correct in assuming that the density of that property was non-transferable to another developer. Ms. Woods replied yes. Chairperson Welshons opened the public testimony and issued the invitation to speak. There being no persons desiring to address the Commission on this topic, Chairperson Welshons declared the public testimony closed and opened the item for discussion among the Commission members. ACTION: Motion was made by Commissioner Compas, and duly seconded, to adopt Planning Commission Resolution No. 3782, recommending approval of the Negative Declaration issued by the Planning Director and adopt Planning Commission Resolution No. 3763, recommending approval of ZCA 95-02, and Planning Commission Resolution No. 3788 recommending approval of LCPA 95-08, based on the findings contained therein. VOTE: 6-O AYES: Compas, Erwin, Monroy, Nielsen, Savary, Welshons NOES: None ABSTAIN: None . . PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of Blade-Citizen a newspaper of general circulation, printed and published daily in the City of Oceanside and qualified for the Cii of Oceanside and the North County Judicial district with substantial circulation in Bonsall, Fallbrook, Leucadia, Encinitas, Cardiff, Vista and Carisbad, County of San Diego, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of June 30, 1989, case number 171349; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Sept. 29, 1995 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated &sXe~n.sid~gCga:imia, this 29 day of - - - - - - - -/!G!Lc;g~ - -- - - --- - BLADE-CITIZEN Legal Advertising 1722 South Coast Highway Oceanside, CA 92054 PO. Box 90 Oceanside, CA 92049 619 I 433-7333 I This space is for the County Clerk’s Filing Stamp Proof of Publication of Notice of Public Hearing ______-______-------------------------------------- I --- -. - -.y Y* L,aaa- .._ _ -- mcRhCbats21.~~~t)arr.l-u.,;.~~~~~~ & on I-y, CMobH 10,1995, 0 co&&# -~-- -- 1 V-B ..- -cd- *,1U aAn . ~~ -- 4td~MilbD.&qsmba29,1965 .’ .._ . /belaY NOTICE OF PUBLIC HEARING ZCA 95-2/LCPA 95-8 BIOLOGICAL HABITAT PRESERVES NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m., on Tuesday, October 10, 1995, to consider approval of a Negative Declaration; an amendment to Chapter 21.04 of the Carlsbad Municipal Code, by the addition of Section 21.04.048, to define Biological Habitat Preserve; and an amendment to Chapter 21.42 of the Carlsbad Municipal Code, by the addition of Section 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 and to amend the City's Local Coastal Program (LCP) to ensure consistency between the City's zoning ordinance (which functions as the implementing ordinance for the LCP) and the City's LCP. If you have any questions regarding this matter, please call Terri Woods in the Planning Department, at (619) 438-1161, extension 4447. If you challenge the Negative Declaration, Zone Code Amendment, and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at, or prior to, the public hearing. PUBLISH: September 29, 1995 APPLICANT: City of Carlsbad CARLSBAD CITY COUNCIL . I ; . TERRI WOODS PLhNNlNG UEPT. r,ru, ZCA 95-02/LCPA 95-08 Ihlogical I iabilat Prcscrvcs / LABELS DR GEORGE W MANNON CARLSBAD UNIF SCHOOL DIST SAN MARCOS SCHOOL DIST ENCINITAS SCHOOL DIST 801 PINE AVENUE 1 CIVIC CENTER DR 101 S RANCH0 SANTA FE RD CARLSBAD CA 92008 SAN MARCOS Cl’. 92069 ENCINITAS CA 92024 LEUCADIA COUNTY WTR DIST VALLECITOS WTR DISTRICT SAN DIEGO COUNTY, Dcpts 1960 LA COSTA AV 788 SAN MARCOS BLVD 5201 RUFFIN RD STE “B” CARLSBAD CA 92009 SAN MARCOS CA 92069 SAN DIEGO CA 92123 err Eiir--i LA1 ENGINEERING DEPT CITY OF SAN MARCOS CITY OF VISTA 1 CIVIC CENTER DR PO BOX 1988 SAN MARCOS CA 92069 VISTA CA 92085 CITY OF OCEANSIDE 300 NO. HILL ST OCEANSIDE CA 92054 CALIF DEPT OF FISH & GAhlE 330 GOLDENSHORE #50 LONG BEACH CA 90802 ART0 J. NUUTINEN 4920 CAMPUS DR NEWPORT BEACH CA 92660 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, August 2, 1995, to consider recommending approval of a Negative Declaration and an amendment to Title 21, Chapter 21.04 of the Carlsbad Municipal Code by the addition of Section 21.04.048 to define Biological Habitat Preserve and amending Title 21, Chapter 21.42 of the Carlsbad Municipal Code by the addition of Section 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 Managem’ent Plan, Local Coastal Program and Habitat Management Planning efforts and to amend the City’s Local Coastal Program (LCP) to ensure consistency between the City’s zoning ordinance (which functions as the implementing ordinance for the LCP) and the City’s LCP. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and aftei Jullr 27, 1995. If you have anv questions, please call Terri Woods in the Planning Department at (619) 438-1161, ext. i -!447. If you chailenge the Negative Declaration, Zone Code Amendment and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: ZCA 95-02fLCPA 95-08 CASE NAME: BIOLOGICAL HABITAT PRESERVES PUBLISH: JULY 21, 1995 ! CITY OF CARLSBAD c PLANNING COMMISSION 1 k - (Form A) 10% CITY CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notide ZCA 95-02lLCPA 95-08 - BIOLOGICAL HABITAT PRESERVES for a public hearing before the City Council. Please notice the ftem for the council meeting of Thank you. Public Hearing Assistant Clty Man-- September 5, 1995 Oate .-