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HomeMy WebLinkAbout1996-09-24; City Council; 13822; Biological Habitat PreservesC-Y OF CARLSBAD - AGPDA BILL ADOPTION OF ORDINANCE NO. NS-378 BIOLOGICAL HABITAT PRESERVES I DEPT.cI .K I Coastal Commission Modifications - ZCA 96-05 I CITY MGR. I RECOMMENDED ACTION: Adopt Ordinance No. NS-378, amending Title 21 of the Carlsbad Municipal Code to accept the suggested modifications approved by the California Coastal Commission relating to Biological Habitat Preserves. I ITEM EXPLANATION Ordinance No. NS-378 was introduced at the regular City Council meeting of September 17, 1996. The second reading allows the City 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. I FISCAL IMPACT See Agenda Bill No. 13,8 13 on file with the City Clerk. I EXHIBIT 1. Ordinance No. NS-378. 0 9 0 % % E 4 d 3 8 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 - 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 Carlsbad Municipal Code is amended by the amendment of Section 2 1.42.010(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 2 1, Chapter 21.42 of the Carlsbad Municipal Code is amended by the amendment of Section 21.42.010(15)(B) to read as follows: “21.42.010(15)(B) (B) A conditional use permit shall not be required when a 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 21, Chapter 21.42 of the Carlsbad Municipal Code is amended by the addition of Section 2 1.42.010(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.” . . . 7, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. II INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 17 th day of September, 1996, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 24th day of September, 1996, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Hall and Finnila NOES: None ABSENT: None RON BALL, City Attorney 7.2 v. 76, ATTEST: 27 (SEAL) 28 -2-