HomeMy WebLinkAbout2004-12-14; City Council; 17927; HMP urgency Ord extensionAB# 17,927
MTG. 12/14/04 CITY ATTY. @-
CITY MGR
TITLE:
EXTENSION OF URGENCY ORDINANCE FOR HABITAT
MANAGEMENT PLAN
RECOMMENDED ACTION:
That the City Council INTRODUCE AND ADOPT Ordinance No. NS-736 to extend Urgency
Ordinance NS-733, by four-fifths vote of the City Council, pursuant to Government Code sections
65858 and 36937, for ten (IO) months and fifteen (15) days, continuing the temporary land use
controls for the Habitat Management Plan.
ITEM EXPLANATION:
On November 9, 2004, as part of Agenda Bill #17,886, the City Council adopted Ordinance No. NS-
733, establishing temporary land use controls to protect sensitive biological resources in
conformance with the recently approved Habitat Management Plan (HMP). As outlined in Agenda
Bill #17,886, the purposes of the Urgency Ordinance are to require immediate compliance with the
HMP for all development projects and to allow staff some flexibility in applying existing zoning
standards to projects which have significant habitat constraints.
Staff has initiated a number of steps to begin preparing the permanent HMP implementation
ordinances. The proposed actions will involve, in most cases, early opportunities for review and
comment by the public and the wildlife agencies. Amendments to the City’s General Plan and Local
Coastal Program will be necessary. For these reasons, it is anticipated that full implementation will
require at least one year from the date of approval of the HMP. Thus, the need for the urgency
measure still exists and will continue to exist until new permanent regulations are adopted.
Urgency measures adopted pursuant to California Government Code Section 65858 are initially valid
for 45 days, and may be extended by four-fifths vote of the legislative body. Extensions are allowed
for a period of up to 10 months and 15 days, which would extend NS-733 until October 29, 2005. A
subsequent extension of up to one additional year is allowed, if necessary.
ENVl RON M ENTAL:
As previously described in Agenda Bill #I 7,886, the HMP has been reviewed for compliance with the
California Environmental Quality Act in a report titled Final Environmental Impact StatementlReport
for Threatened and Endanqered Species within the Multiple Habitat Conservation Proqram Planninq
(SCH No. 93121073). Extension of the Urgency Ordinance is fully consistent with the
Environmental Impact Report.
FISCAL IMPACT:
Fiscal impacts of the HMP were discussed on Agenda Bill 17,886. No new fiscal impacts would
result from extension of the Urgency Ordinance.
EXHIBITS:
1. City Council Urgency Ordinance No. NS-736
DEPARTMENT CONTACT: Don Rideout, (760) 602-4602, dride@ci.carlsbad.ca.us
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ORDINANCE NO. NS-736
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, EXTENDING URGENCY
CONTROLS TO PROTECT SENSITIVE BIOLOGICAL
RESOURCES IN CONFORMANCE WITH THE RECENTLY
APPROVED HABITAT MANAGEMENT PLAN PENDING
PREPARATION AND CONSIDERATION OF ANY NECESSARY
AMENDMENTS TO ORDINANCES, CODES AND POLICIES.
WHEREAS, the City Council of the City of Carlsbad, California, has adopted the
Carlsbad Habitat Management Plan (HMP) which is a comprehensive plan for the conservation
and management of natural habitats in order to preserve the wildlife and the other biological
resources that occupy these areas; and
ORDINANCE NS-733, ESTABLISHING TEMPORARY LAND USE
WHEREAS, the Carlsbad HMP has now been approved by the U.S. Fish and
Wildlife Service (USFWS) and the California Department of Fish and Game (CDF&G) pursuant
to the Federal Endangered Species Act and the California Natural Community Conservation
Planning (NCCP) Act and the City has been issued an Authorization/Permit for the Incidental
Take of HMP wildlife in accordance with the HMP; and
WHEREAS, on November 15, 2004, the Implementing Agreement between the
City, USFWS and CDFG was signed by those agencies, creating a binding agreement to fully
implement and commence performing the terms and obligations of the HMP; and
WHEREAS, at its regular meeting of November 9, 2004, the City Council of the
City of Carlsbad adopted Urgency Ordinance NS-733 to immediately require all private and
public development projects to fully comply with the HMP while any follow-up amendments to
existing city regulatory documents are made; and
WHEREAS, the City intends to make all necessary amendments to existing land
use ordinances, codes and policies to fully incorporate the standards, conditions, and
requirements of the HMP and Implementing Agreement; and
WHEREAS, these amendments may include revisions to the city’s General Plan,
Zoning Ordinance, and other sections of the Municipal Code; and
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WHEREAS, the California Coastal Commission has approved an amendment to
the certified Local Coastal Program (LCP) to incorporate the HMP, and all biological resource
protection provisions of the LCP are in full force and effect within the Coastal Zone; and
WHEREAS, California Governmental Code Section 65858 allows a city, without
following the procedures otherwise required prior to the adoption of a zoning ordinance to adopt
as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with
contemplated General Plan and Zoning amendments which the city intends to study and
consider; and,
WHEREAS, Government Code Section 65858 authorizes extension of said
Urgency Ordinance, after notice and public hearing,, by a four-fifths vote for up to ten (IO)
months and fifteen (1 5) days; and subsequent extension once for up to one additional year; and
WHEREAS, the City Council believes that in order to preserve the health, safety
and general welfare of its citizens and to continue implementation of the HMP, it is necessary to
extend Interim Ordinance NS-733 as an Urgency Measure under the provisions of Government
Code Section 65858.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION I: That the above recitals are true and correct.
SECTION 2: That during the time to study, consider and approve any follow-up
actions necessary to fully incorporate and implement the Carlsbad Habitat Management Plan,
all standards, requirements, terms and obligations of the Plan shall be in full force and effect.
SECTION 3: That no application for any land use or development entitlement,
including but not limited to a Master Plan, Specific Plan, Tentative Subdivision Map, Site
Development Plan or Conditional Use Permit shall be approved unless it fully complies and is
consistent with the Carlsbad Habitat Management Plan.
SECTION 4: That if there are any inconsistencies between the HMP and any
existing Zoning Ordinance standard, requirement or provision, the HMP shall take precedence.
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SECTION 5: That within the Coastal Zone, the LCP contains special standards
and requirements. In the event of any inconsistency between the LCP and any other existing
land use regulation, the LCP shall take precedence.
SECTION 6: That removal of any habitat, including but not limited to coastal
sage scrub, chaparral, grassland, and wetlands, is prohibited unless authorized by the City
pursuant to the HMP and this ordinance.
SECTION 7: That the City Council directs the Planning Department to
immediately commence the processing of any necessary amendments to the General Plan, the
Zoning Ordinance, the Municipal Code and any other documents containing standards,
regulations or policies to incorporate and fully implement the HMP.
SECTION 8: That the temporary land use controls to protect sensitive biological
resources as described above are extended for 10 (ten) months and 15 (fifteen) days, until
October 29, 2005, pursuant to Government Code Section 65858(a).
DECLARATION OF URGENCY: This ordinance is hereby declared to be an
emergency ordinance adopted as an urgency measure to protect the public health, safety and
welfare and shall take effect immediately upon its adoption. The facts constituting the
emergency are those set forth above. Ten days prior to the expiration or any extension, the
staff shall provide the City Council with a report describing the measures taken to alleviate the
condition which led to the adoption of this ordinance.
EFFECTIVE: This urgency ordinance shall be effective immediately upon
passage and shall remain in force and effect as described in Section 8 above or until the City
Council has received, considered and approved any land use regulatory documents necessary
to fully incorporate and implement the Carlsbad Habitat Management Plan whichever occurs
first.
SEVERABILITY: If any section, subsection, sentence, clause, phrase or part of
this urgency ordinance is for any reason held to be invalid or unconstitutional by the final
decision of any court of competent jurisdiction, such decision shall not affect the validity of the
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remaining parts of this urgency ordinance. The City Council hereby declares that it would have
adopted this urgency ordinance and each section, subsection, sentence, clause, phrase or part
thereof irrespective of the fact that any one or more of the sections, subsections, sentences,
clauses, phrases or parts are declared invalid or unconstitutional.
Furthermore, if the entire Ordinance or its application is deemed invalid by a
court of competent jurisdiction, any repeal of the Carlsbad Municipal Code by this Ordinance will
be rendered void and cause such Carlsbad Municipal Code provision to remain in full force and
effect for all purposes.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Carlsbad
City Council on the 14th day of December , 2004, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall 2nd Packard.
NOES: None
ABSENT: None
ABSTAIN: None /?
I7 ATTEST:
(SEAL)
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