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.
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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 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.”
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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.
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)
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