HomeMy WebLinkAbout1998-08-04; City Council; Resolution 98-274* 0 0
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RESOLUTION NO. 98-274
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD ESTABLISHING A POLICY REGARDING
BIOLOGICAL MITIGATION OUTSIDE OF CARLSBAD AND
ESTABLISHING A CASH DEPOSIT MITIGATION AGREEMENT
PROGRAM
WHEREAS, the City Council of the City of Carlsbad finds that the location
biological mitigation areas is an important policy matter because it affects the amount at
location of open space within the City; and
WHEREAS, the presence of mitigation banks in other jurisdictions has taus
some applicants for development projects in Carlsbad to propose carrying out their biologic
mitigation outside of Carlsbad; and
WHEREAS, the City Council of the City of Carlsbad finds that it is in the be
interests of the public to require that development projects in Carlsbad locate their biologic
mitigation in appropriate locations within Carlsbad to the maximum extent possible; and
WHEREAS, the City Council of the City of Carlsbad finds that the City’s preferr
practice is to require project applicants to acquire any necessary mitigation site(s) prior
permitting impacts to occur. However, in instances where it can be demonstrated to the Cit
satisfaction that it is not feasible to acquire a suitable mitigation property prior to biologil
impacts, it is appropriate to utilize a cash deposit mitigation agreement to defer the acquisiti
of the mitigation property for a specified period of time.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and correct.
2. That the City Council of the City of Carlsbad affirms as its policy that
development projects located in Carlsbad which would impact biological habitat 5
thereby necessitate mitigation, said mitigation shall be located within the City
Carlsbad and shall be acquired and adequately protected by the project applicant PI
to occurrence of the biological impacts, to the maximum extent feasible.
3. That a Cash Deposit Mitigation Agreement Program is hereby established
be used in those instances where a project applicant can demonstrate to the C
Council’s satisfaction that it is not feasible for the applicant to acquire a suita
mitigation parcel within Carlsbad prior to permitting the project impacts to occur.
4. That the City Manager and City Attorney are hereby authorized to develo
format and procedures for the Cash Deposit Mitigation Agreement and to bring thf
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documents to the City Council concurrent with consideration of the first developrr
project requesting the use of this mechanism.
5. That utilization of the Cash Deposit Mitigation Agreement is subjecl
approval by the City Council and is granted at the City Council’s sole discretion.
PASSED AND ADOPTED at a regular meeting of the City Council of the Cit
Carlsbad on the 4th day of August 1998, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, and Kulchin
NOES: Council Member Hall
ABSENT: None
ATTEST:
(SEAL)
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