Loading...
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 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 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 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 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. 3 -2- 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 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 -3 - 4 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 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) m -4- 5