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HomeMy WebLinkAbout1993-10-12; City Council; Resolution 93-2924. / li 0 0 EXHlBl 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 RESOLUTION NO. 93-292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO AMEND THE TEXT OF THE MELLO I1 LOCAL COASTAL PROGRAM TO ACCEPT THE SUGGESTED MODIFICATIONS CERTIFIED BY THE CALIFORNIA COASTAL COMMISSION. CASE NAME: EVANS POINT CASE NO: LCPA 91-01 (A) WHEREAS, California State law requires that the 1 Coastal Program, General Plan, and zoning designations properties in the Coastal Zone be in conformance; WHEREAS, on November 17, 1992 the California Co, Commission certified an amendment to the Land Use Map implementation program of the Mello I1 segment of the Coastal Program with two suggested modifications; WHEREAS, before the original amendment request become effectively certified, the Executive Director of California Coastal Commission must receive documentation tha City has accepted the suggested modifications; and WHEREAS, the City Council did on the 12th d OCTOBER , 1993, hold a duly noticed public hearil prescribed by law to consider the proposed suggested rnodifica to the text of the Mello I1 segment of the Local Coastal Pr shown on Exhibit "LCPA 91-01(A) It, dated August 18, 1993, att hereto, and WHEREAS, at said public hearing, upon hearin( considering all testimony and arguments, if any, of all PE desiring to be heard, the City Council considered all fa relating to the Local Coastal Plan Amendment. NOW, THEREFORE, BE IT RESOLVED by the City Counc 28 the City of Carlsbad as follows: 4 . 1 0 0 1. That the above recitations are correct. 2. That based on the evidence presented at the PI 2 3 4 5 6 hearing, the City Council APPROVES LCPA 91-01(A), based or following finding: Findinas: 1. That those findings adopted by the Planing Commissic Planning Commission Resolution No. 3532 are applicable anc 7 11 incorporated herein by reference. 8 9 10 PASSED, APPROVED AND ADOPTED at a regular meeting 0 City Council of the City of Carlsbad, California, on the 1; day of OCTOBER , 1993, by the following vote, to 11 12 13 11 14 15 16 17 AYES: Council Members Lewis, Stanton, Kulchin, Finnila NOES: None ABSENT: Council Member Nygaard ABSTAIN: None 18 11 ATTEST: 191 I 20 -0g L ALETHA L. RAUTENKRANZ, City Cldrk 21 (SEAL) 22 I 23 24 25 26 27 28 .. I1 1 " $ e 0 EXHIBIT "LCPA 91-01(1 AUGUST 18, 1993 SUGGESTED MODIFICATIONS: MeUo I1 Sement Land Use Plan 1. On page 18, under "Environmentally Sensitive Habitat Areas", a new Policy # shall be add to read: Wetlands and riparian resources outside the lag( ecosystems shall be protected and preserved. No direct impacts may be allov except for the expansion of existing circulation element roads identified in certified LCP and those direct impacts associated with installation of utilities (i water, sewer, and electrical lines). There must be no feasible less environmenta damaging alternative to the proposed disturbance; any allowable disturbance m be performed in the least environmentally damaging manner. Open sp dedication of sensitive resource areas is required. Mitigation ratios for any temporary disturbance or permanent displacement identified resources shall be determined in consultation with the Califor Department of Fish and Game and the U.S. Fish and Wildlife Service. Appropn mitigation ratios shall be determined based on site specific information including quality of the habitat being disturbed or destroyed and surrounding site conditic 2. On page 18, under "Environmentally Sensitive Habitat Areas", a new Policy # shall be added to read: Buffer zones of 100 feet in width shall be maintai around all identified wetland areas and 50 feet in width shall be maintained aro all identified riparian areas, unless the applicant demonstrates that a buffer of le: width will protect the identified resources, based on site-specific information. S information shall include, but is not limited to, the type and size of the developn and/or proposed mitigations (such as planting of vegetation or the constntctio~ fencing) which will also achieve the puposes of the buffer. The buffer shal measured landward from the delineated resource. The California Departmen Fish and Game and the United States Fish and Wildlife Service shall be consu in such buffer determinations. Buffer zones shall be protected through execution of open space easements and passive recreational uses are restricted to upper half of the buffer zone. DN DA91