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HomeMy WebLinkAbout2003-02-04; City Council; Resolution 2003-0391 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 RESOLUTION NO. 2003--039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FINDING AND CERTIFYING THAT THE CARLSBAD HABITAT MANAGEMENT PLAN COMPLIES WITH THE ENFORCEABLE PROVISIONS OF THE CALIFORNIA COASTAL ACT AND CALIFORNIA COASTAL MANAGEMENT PROGRAM AND THAT IT WILL BE CONDUCTED IN A MANNER CONSISTENT WITH SUCH PROGRAM. CASE NAME: HABITAT MANAGEMENT PLAN CASE NO.: LCPA 02-1 0 WHEREAS, the Code of Federal Regulations 15 CFR Part 930, Subpart D, requires that any activity affecting any coastal use or resource be conducted in a manner consistent with approved coastal management programs; and WHEREAS, for the State of California Coastal Act of 1976 as amended serves as the approved management program; and WHEREAS, the U.S. Fish and Wildlife Service is considering issuance of a Section lO(a) Incidental Take Permit to the City of Carlsbad based on the Habitat Management Plan, thereby triggering the requirement for review and certification of consistency with the Coastal Act; and WHEREAS, the California Coastal Commission initially challenged the consistency of the City’s proposed Habitat Management Plan with the Coastal Act; and WHEREAS, the City of Carlsbad thereafter resolved the consistency issues raised by the California Coastal Commission by revising the proposed Habitat Management Plan for coastal zone properties in Addendum #2 and by revising its Local Coastal Program to incorporate habitat conservation requirements requested by California Coastal Commission staff; and WHEREAS, the City Council has considered all facts and information provided to it, including the Second Addendum to the Habitat Management Plan, attached to Planning Commission Resolution 5362 and incorporated herein by reference, the Local Coastal Program 5 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 Amendment, and other pertinent information, as required by the California Coastal Commission’s staff; and WHEREAS, the City Council of th,e City of Carlsbad, on the 4th day of FEBRUARY , 2003, held a duly noticed public hearing to consider the consistency of the Habitat Management Plan with the Coastal Act and at that time received and considered all written correspondence, testimony, recommendations, and comments from all interested persons. NOW, THEREFORE, the City Council of the City of Carlsbad, California, does hereby find and resolve as follows: 1 That the above recitations are true and correct. 2 That substantial evidence has been provided demonstrating the manner in which the Habitat Management Plan is consistent with the California Coastal Act. 3 That the City of Carlsbad has consulted with the affected federal agency, the U.S. Fish and Wildlife Service, and the California Coastal Commission regarding reasonably foreseeable coastal effects and consistency, and has considered the views, guidance, recommendations and comments of those agencies. The City of Carlsbad has furnished those agencies with copies of all documents pertinent to the consistency certification. 4 That based on all of the facts, information, documents and testimony, the Carlsbad Habitat Management Plan dated December 1999, with Two Addenda complies with . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. Page 2 of 3 of Resolution No. 2003-039 -2- 6 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 the enforceable policies of the California Coastal Act and California Coastal Management Program and that it will be conducted in a manner consistent with such program. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 4th day of FEBRUARY 2003, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard NOES: None ABSENT: None /3 CLAUDE A. LEmblsi6r b' " ATTEST: (SEAL) Page 3 of 3 of Resolution No. 2003.-039 -3-