HomeMy WebLinkAbout1996-09-17; City Council; 13813; Biological Habitat PreservesCITY OF CARLSBAD -AGENDA BILL
AB# 13,813 TITLE- .
g/17/96 BIOLOGICAL HABITAT PRESERVES MTG. Coastal Commission Suggested Modifications
DEPT. PLN & ZCA 96-05
RECOMMENDED ACTION:
CITYATTY. ’
ClTY MGRZip
That the City Council INTRODUCE Ordinance No. A/s-39g, APPROVING ZCA 96 05 - .
ITEM EXPLANATION:
On July 3, 1996, the Planning Commission conducted a public hearing and recommended
approval (6-O) of the Zone Code Amendment modifying the Biological Habitat Preserve
Section 21.42.010(15) of the Zoning Code. The proposed amendment is a result of three
modifications made to the Zoning Code by the California Coastal Commission in its
approval of Local Coastal Program Amendment 95-08. The modifications are shown in
bold on Attachment B of the Planning Commission staff report.
The three modifications are minor in nature and include: (1) a revision to one of the
conditions clarifying compliance with the certified Local Coastal Program; (2) a clarification
that a biological habitat preserve Conditional Use Permit (CUP) is not required when the
project is subject to a Coastal Development Permit; and (3) a clarification that biological
habitat preserves may not allow environmental impacts not permitted elsewhere in the
certified Local Coastal Program.
Staff is in concurrence with the suggested modifications and the Planning Commission has
recommended approval of the attached City Council Ordinance incorporating the
suggested modifications into the Biological Habitat Preserve Section of the Municipal
Code.
ENVIRONMENTAL REVIEW:
The Planning Director has determined that the proposed zone code amendment is exempt
from CEQA (California Environmental Quality Act) pursuant to Section 15061(b)(3) of the
Guidelines.
FISCAL IMPACT:
Accepting the California Coastal Commission suggested modifications will not have any
City related fiscal impacts.
EXHIBITS:
1.
2.
3.
4.
Ordinance No. Ns-3 98.
Planning Commission Resolution No. 3946
Planning Commission Staff Report dated July 3, 1996
Excerpt from Planning Commission Minutes dated July 3, 1996.
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ORDINANCENO. NS-378
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21,
CHAPTER 21.42 BY THE AMENDMENT 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 follows:
SECTION I: That Title 21, Chapter 21.42 of the CarIsbad Municipal Code is
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 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, and the Certified Local Coastal
Program.”
SECTION II: That Title 21, Chapter 21.42 of the Carlsbad Municipal Code is
amended by the amendment of Section 2 1.42.010(15)(B) to read as follows:
“21.42.010(15)(B)
(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, or a coastal development permit.”
SECTION III: That Title 2 1, Chapter 21.42 of the Carlsbad Municipal Code is
amended by the addition of Section 2 1.42.0 10(15)(C) to read as follows:
“21.42.010(15)(C)
(C) Nothing in this section shall be construed as permitting encroachment
or impacts to environmentally sensitive habitat areas and wetlands not permitted elsewhere in the
Certified Local Coastal Program.”
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EFFECTIVE DATE: This 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 publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. Not withstanding the preceeding, this ordinance shall not be
effective until approved by the California Coastal Commission.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of , 1996, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of , 1996, by the following vote, to wit:
AYES:
NOES:
ABSENT:
RON BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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PLANNING COMMISSION RESOLUTION NO. 3946
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT, AMENDING
TITLE 21, CHAPTER 21.42 OF THE CARLSBAD MUNICIPAL
CODE, TO ACCEPT SUGGESTED MODIFICATIONS TO THE
BIOLOGICAL HABITAT PRESERVE SECTION 2 1.42.010( 15)
APPROVED BY THE CALIFORNIA COASTAL
COMMISSION.
CASE NAME: COASTAL COMMISSION MODIFICATIONS
TO THE BIOLOGICAL HABITAT
PRESERVE SECTION OF THE ZONING
CODE
CASE NO: ZCA 96-05
WHEREAS, California State law requires that the Local Coastal Program,
General Plan and Zoning designations for properties in the Coastal Zone be in conformance; and
WHEREAS, on May 7, 1996, the California Coastal Commission approved an
amendment to the Carlsbad Implementation Plan with three suggested modifications; and
WHEREAS, before the original amendment request can become effectively
certified, the Executive Director of the California Coastal Commission must receive
documentation that the City has accepted the suggested modifications; and
WHEREAS, the Planning Commission did on the 3rd day of July, 1996, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, said application constitutes a request for a zone code amendment as
shown on Exhibit “A”, dated May 23, 1996, attached hereto and made a part hereof, as provided
by Chapter 2 1.52 of the Carlsbad Municipal Code; 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.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) The Planning Commission RECOMMENDS APPROVAL of Zone Code
Amendment, ZCA 96-05, based on the following findings:
FindinPs:
1. The proposed amendment is required in order to accept suggested modifications
approved by the California Coastal Commission.
2. The proposed amendment will retain consistency between Title 21 and the
implementation plan for the Local Coastal Program as approved by the California
Coastal Commission.
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PC RESO NO. 3946 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of July, 1996, by the
following vote, to wit:
AYES: Chairman Compas, Commissioners Heineman, Monroy, Nielsen,
Noble, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST: ,
- MICHAEL J. HOLZMIIkkR
Planning Director
PC RESO NO. 3946 -3-
- EXHBIT 3
me City of CARLSBAD Planning Departmu 7&Q A REPORT TO THE PLANNING COMMISSION
Item No. 2 0
Application complete date: N/A
P.C. AGENDA OF: July 3,1996 Project Planner: Teresa Woods
Project Engineer: Ken Quon
SUBJECT: ZCA 96-05 - COASTAL COMMISSION MODIFICATIONS TO THE
BIOLOGICAL HABITAT PRESERVE SECTION OF THE ZONING
CODE - An amendment to the Zoning Code to accept suggested modifications of
the California Coastal Commission to the Biological Habitat Preserve Section.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3946
RECOMMENDING ACCEPTANCE OF COASTAL COMMISSION SUGGESTED
MODIFICATIONS AND APPROVAL of ZCA 96-05 based on the findings contained therein.
II. INTRODUCTION
The California Coastal Commission made three modifications to the Biological Habitat Preserve
Zone Code Amendment (ZCA 95-02) in their action to approve the Local Coastal Program
Amendment for this amendment. The three modifications are minor in nature and include: (1) a
revision to one of the conditions clarifying compliance with the certified Local Coastal Program;
(2) a clarification that a biological habitat preserve Conditional Use Permit (CUP) is not required
when the project is subject to a Coastal Development Permit; and, (3) a clarification that
biological habitat preserves may not allow environmental impacts not permitted elsewhere in the
certified Local Coastal Program.
III. PROJECT DESCRIPTION AND BACKGROUND
Zone Code Amendment 95-02 and Local Coastal Program Amendment 95-08 created the
Biological Habitat Preserve section of the Conditional Use Permit Chapter of the Zoning Code.
This amendment defined “biological habitat preserve” and required 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. On August 2, 1995, the Planning Commission
recommended approval of ZCA 95-02 and LCPA 95-08. The City Council approved the zone
code amendment and local coastal program amendment on October 17,1995.
A local coastal program amendment application was submitted to the California Coastal
Commission on January 23, 1996. On May 7, 1996, the California Coastal Commission
approved the Local Coastal Program amendment with three suggested modifications. Since the
modifications are to the Zoning Ordinance, a Zone Code Amendment is being processed to
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ZCA 96-05 - COASTAL &IvIMISSION MODIFICATIONS TO ‘I I-E dIOLOGICAL HABITAT
PRESERVE SECTION OF THE ZONING CODE
JULY 3,1996
enable the City to accept the Coastal Commission’s suggested modifications by incorporating
them into the ordinance.
Attached to the Planning Commission Resolution No. 3946 is a copy of the revised ordinance
(Exhibit “A”). Exhibit “B” a redlined version of the ordinance reflects the proposed revisions.
No deletions were proposed by the Coastal Commission.
IV. ANALYSIS
Suggested modifications approved by the California Coastal Commission which necessitate this
zone code amendment address three items. The first modification is an amendment to
Subsection 21.42.010(15)(A)(i) of the zoning ordinance to include the condition that a Biological
Habitat Preserve shall not adversely impact the City’s ability to provide public facilities and
improvements as provided for in the certified Local Coastal Program. The second modification
is an amendment to Subsection 2 1.42.0 10(15)(B) to clarify that a conditional use permit shall not
be required when a biological habitat preserve is associated with a coastal development permit.
The third modification adds a new Subsection 21.42.010(15)(C) to clarify that a biological
habitat preserve shall not be construed as permitting encroachment or impacts to environmentally
sensitive habitat areas and wetlands not permitted elsewhere in the certified Local Coastal
Program. These minor modifications have been requested by the Coastal Commission to clarify
the intent of the section and to ensure consistency with the City’s Local Coastal Program.
All three modifications are minor in nature and staff is requesting that the Planning Commission
recommend approval of the minor modifications to the City Council,
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that the proposed zone code amendment is exempt from
CEQA (California Environmental Quality Act) pursuant to Section 15061(b)(3) of the
Guidelines.
ATTACHMENTS:
1. Planning Commission Resolution No. 3946
2. Exhibit “B”, dated May 23, 1996, Redlined Ordinance version.
Wbk
EXHIBIT “B”
“21.42.010(15)(A)(i)
(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, ~&~#g “:y’*;,‘,’ ‘,‘i i’ ?:j”d b y:yp ig~~&w’, s,nd~~~.~~~F~~~~~~F &.”
“21.42.010(15)(B)
(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, &“j& #f# II .
Exka3lT4
2.. ZCA 96-05 - COASTAL COMMISSION MODIF ICATIONS TO THE BIOLOGICAL HABITAT
PRESERVE SECTION OF THE ZONING CODE - An amendment to the Zoning Code to accept
suggested modifications of the California Coastal Commission to the Biological Habitat Preserve
Section.
Chairman Compas reminded the applicant, Commissioners, and public that if the Commission recommends
approval of this item it will be fowarded to the City Council for their consideration.
Project Planner Teresa Woods gave a description of the above item and explained that ZCA 96-05 was a
request to amend the Biological Habitat Preserve section of the Conditional Use Permit Ordinance to accept
suggested modifications of the California Coastal Commission. In October 1995, Council approved both a
Zone Code Amendment and a Local Coastal Program Amendment to establish the CUP section establishing
a biological habitat preserve ordinance. This was forwarded to the Planning Commission in January 1996,
and was approved contingent on three modifications, which were: (1) a revision to one of the conditions
clarifying compliance with the certified Local Coastal Program; (2) a clarification that a biological habitat
preserve Conditional Use Permit is not required when the project is subject to a Coastal Development Permit;
and (3) a clarification that biological habitat preserves may not allow environmental impacts not permitted
elsewhere in the certified Local Coastal Program. Ms. Woods added that these were minor clarifications and
staff supports them and recommends that the Commission recommend approval to the Council to approve
these minor modifications to the Zone Code Amendment.
Chairman Compas asked if there were any questions of staff.
Commissioner Monroy queried whether or not the City still had to mitigate an issue.
Ms. Woods answered that that was correct, and added that any project located within the Coastal Zone, had
to go through environmental review and obtain any discretionary permits required, and must be consistent
with the LCP. She added that the Coastal Commission requested this in writing, and staff was satisfying that
request.
MINUTES q
PLANNING COMMISSION July 3, 1996 Page 6
Commissioner Welshons asked how many acres were consumed in the fire the previous Sunday in the
Highlands habitat preserve.
Ms. Woods answered approximately 200 acres, but not all was in the preserve area. A significant portion of
the highlands area was consumed by the fire. She added that the positive side of this was that within a year
the damaged areas could come back healthier than before the fire because of the seeds and roots that are
located underneath.
There was no applicant for this item, other than stan Chairman Compas opened the item to public testimony,
seeing none, closed the public testimony and opened the item to Commission discussion.
ACTION: Motion by Commissioner Heineman, and duly seconded, to adopt Planning Commission
Resolution No. 3946 recommending acceptance of Coastal Commission suggested
modifications and approval of ZCA 96-05 based on the findings contained therein.
VOTE: 7-o
AYES: Compaq Heineman, Monroy, Nielsen, Noble, Savary, Welshons
NOES: None
ABSTAIN: None
PROOF OF PUL 3ATION
(2010 & 2011 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
North County Times
formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudged newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, under the dates of June 30, 1989
(Blade-Citizen) and June 21, 1974 (Times-
Advocate) case number 171349 (Blade-Citizen)
and case number 172171 (The Times-Advocate)
for the cities of Escondido, Oceanside, Carlsbad,
Solana Beach and the North County Judicial
District; 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:
September 7, 1996
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at California, this 3 9th day
of September, 1996
/7
h4
------- --------- ---- ---- Signature
NORTH COUNTY TIMES
Legal Advertising
This spaL r~ for the County Clerk’s Filing Stamp
Proof of Publication of
Notice of Hearing 2CA - 96-5 ---~~~----------__________
~
NOTICE IS HEREBY GIVEN that tha Ci& Cotmcil of& ‘city ofCs&sd w?ll hold, public hearing at the City CounciJ Chambers, 12~Cwlsbad Villqge hive, Cufsbad, California, at 6:oO p.m., on T&day, September 17.1996, to aomidcr nppmwl of vnmdm~~to'I*~e21pf.the~rlsbsdM~icipalCode,Chapter21.42,bytbe . mkndme~ of Se&an 21.42.010(15) regarding Biological Hnbiit Prcactves,&Xcce$ tbc suggkstcd modifiations approval by the California c-i Commission. T%IO rnodil+tiOns includez I .) a revision to one of thk condikms~cJarifj4g complinke tit be oertificd Local Coastal Qogram; 2.) I clarillcation that a biological habitat prescrvf kmditionsl Use l@mit 4 not required when the projti i* subjad to a Constal %+pmcnt~Permi~; and 3.) 9 ~l+wion tbat biobgical habitat pnsaues muy &t lllow ~vinnaraltrl~imprct sot petri-
‘rognm. ?iitheceftifiedLaalCuastal j
fpu~rrrJrqJatioM~~~nrtta.~cclllTersrrWoodqiRbre ‘lamdng Depibnent at (619) 43&1161, extension 4447. .
flor to, the public bearing. .(, \
LPPQCAMkCkyofCaflsbMJ I r :; : : * -I “’ 1-t ,’ :*‘.
!mLsBADclrYcouNclL
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NOTICE OF PUBLIC HEARING
ZCA 96-5
COASTAL COMMISSION MODIFICATIONS REGARDING 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, September 17, 1996, to consider approval of amendments to Title 21 of the Carlsbad Municipal Code, Chapter 21.42, by the amendment of Section 21.42.010(15) regarding Biological Habitat Preserves, to accept the suggested modifications approved by the California Coastal Commission. The modifications include: 1.) a revision to one of the conditions clarifying compliance with the certified Local Coastal Program; 2.) a clarification that a biological habitat preserve Conditional Use Permit is not required when the project is subject to a Coastal Development Permit; and 3.) a clarification that biological habitat preserves may not allow environmental impacts not permitted elsewhere in the certified Local Coastal Program.
If you have any questions regarding this matter, please call Teresa Woods, in the Planning Department at (619) 438-1161, extension 4447.
If you challenge the Zone Code 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.
APPLICANT: City of Carlsbad PUBLISH: September 7, 1996
CARLSBAD CITY COUNCIL
CARLSBAD UNIF SCHOOL DIST SAN MARCOS SCHOOL DIST
8’01 PINE AVE 1 CIVIC CENTER DR
CARLSBAD CA 92008 ( SAN MARCOS CA 92069
SAN DIEGUITO SCHOOL DIST LEUCADIA CNTY WATER DIST
701 ENCINITAS BLVD 1960 LA COSTA AVE
ENCINITAS CA 92024 CARLSBAD CA 92009
VALLECITOS WATER DIST SD COUNTY PLANNING
788 SAN MARCOS BLVD SUITE B
5201 RUFFIN RD
SAN MARCOS CA 92069 SAN DIEGO CA 92123
CITY OF SAN MARCOS CITY OF OCEANSIDE
1 CIVIC CENTER DR 300 NORTH COAST HWY
SAN MARCOS CA 92069-2949 OCEANSIDE CA 92054
CALIF DEPT OF FISH & GAME REGIONAL WATER QUALITY
SUITE 50 SUITE B
330 GOLDENSHORE 9771 CLAIREMONT MESA BLVD
LONG BEACH CA 90802 SAN DIEGO CA 92124-1331
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
AIR POLLUTION CNTRL DIST
9150 CHESAPEAKE DR
SAN DIEGO CA 92123
CITY OF CARLSBAD
‘““I”~ ::::y
PROJECT PLANNER
THERESA WOODS
ENCINITAS SCHOOL DIST
101 SO RANCH0 SANTA FE
ENCINITAS CA 92024
OLIVENHAIN WATER DIST
1966 OLIVENHAIN RD
ENCINITAS CA 92024
CITY OF ENCINITAS
505 S VULCAN AVE
ENCINITAS CA 92024
CITY OF VISTA
PO BOX 1988
VISTA CA 92085
SANDAG
SUITE 800
400 B STREET
SAN DIEGO CA 92101
Labels for ZCA 96-05
Biological Habitat Preserves
City of Carlsbad
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, 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 600 p.m. on Wednesday, July 3, 1996, to
consider a request for approval of an amendment to the Biological Habitat Preserve Section of
the Zoning Code accepting suggested modifications made by the California Coastal Commission.
.
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 after June 26, 1996. If you have any
questions, please call Teresa Woods in the Planning Department at (619) 438-l 161, extension
4447.
The time within which you may judicially challenge this Zone Code Amendment, if approved, is
established by state law and/or city ordinance, and is very short. If you challenge the Zone Code
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.
u CASE FILE: ZCA 96-05
CASE NAME: BIOLOGICAL HABITAT PRESERVES
PUBLISH: JUNE 21,1996
CITY OF CARLSBAD
PLANNING DEPARTMENT
TW:bk
.___- - ~.~ 2075 Las Palmas Dr. - Ca;lshad, CA 92009-1576 l (619) 438-1161 - FAX (619) 438-0894
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(Form A)
TO: CITY CLERK’S OFFICE
FROM: Planning Department
RE: PUBLIC HEARING REQUEST
Attached arc the materials necessary for you to notlde
ZCA 96-05 - Biological Habitat Preserves Coastal Commission Suggested Modifications
for a public hearing before the City Council.
Please notice the item for the council meeting of
.
Thank you.
Assistant City Man&g+
August 15, 1996
Date