HomeMy WebLinkAbout1995-10-17; City Council; 13355; Biological Habitat PreservesCf’-I OF CARLSBAD - AGEr-‘iA BILL /+ 7 0
\B # I?,355 TITLE: ADOPTION OF ORDINANCE NO. NS-3220
IITG. m/17/95 BIOLOGICAL HABITAT PRESERVES
IEPT. CLR ZCA 95-OZ/LCPA 95-08
DEPT. HD. 4.
CITY ATTY
CITY MGR.
tiECOMMENDED ACTION:
Adopt Ordinance No. NS-322, 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.
ITEM EXPLANATION
Ordinance No. NS-322 was introduced at the regular City Council meeting of October 10, 1995. The second reading allows Council to adopt the ordinance which would then become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted.
FISCAL IMPACT
See Agenda Bill No. 13,349 on file with the City Clerk.
EXHIBIT
1. Ordinance NO. NS-322.
ORDINANCE NO. NS-322
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 9502/LCPA 95-08
9 The City Council of the City of Carlsbad, California, does ordain as follows: 1
10 SECTION 1: That Title 21, Chapter 21.04 of the Carlsbad Municipal Code
11 is amended by the addition of Section 21.04.048 to read as follows:
12 “21.04.048 Biological Habitat Preserve. Any area which is designated and
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14 accepted by a Federal, State or local agency as a permanent or temporary sanctuary, reserve
15 or protected area for biological species of any kind.”
16 SECTION 2: That Title 21, Chapter 21.42 of the Carlsbad Municipal Code
17 is amended by the addition of Section 21.42.010(15) to read as follows:
18 “(15). All zones except Open Space:
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20 (A) Biological habitat preserve, as defined by section 21.04.048 of this
21 code, subject to the following conditions: !
22 (i) The biological habitat preserve shall not adversely impact
23 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
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26 improvements, as provided for in the Citywide Facilities and Improvements Plan.
27 (ii) The biological habitat preserve shall be consistent with the 1
28 City’s habitat management planning efforts or agency approved Habitat Management Plan
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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.”
EFFECI’IVE 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 1
the date of final California Coastal Commission approval of this ordinance.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 10th day of OCTOBER , 1995, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the 17th day of OCTOBER , 1995 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall
NOES: None
ABSENT: Council Member Kulchin
Q f-L.&
RON BALL, City Attorney /OJ&3P
ATTEST:
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