Carlsbad City Zoning Code
CHAPTER 21
210 HABITAT PRESERVATION AND MANAGEMENT REQUIREMENTS
§ 21.210.010 Purpose and intent.
The purposes and intent of this chapter are to:
A.
Implement the goals and objectives of the land use and the open space/conservation elements of the Carlsbad general plan;
B.
Implement the city's habitat management plan, the implementing agreement and conditions, the North County multiple habitat conservation plan (MHCP), the state's Natural Communities Conservation Plan (NCCP) and 10(a)1(B) permit conditions;
C.
Preserve the diversity of natural habitats in the city and protect the rare and unique biological resources located within those habitats;
D.
Assure that all development projects comply with the habitat preservation and conservation standards contained in the habitat management plan;
E.
Provide a process for permitting limited, incidental impacts to occur to natural habitat areas and the species located therein; and
F.
Provide a process for allowing minor amendment from the habitat preservation and conservation standards under limited, specified circumstances.
(Ord. NS-783 § 1, 2006)
§ 21.210.020 Definitions.
The following definitions are established:
A. "Conditions of coverage" "Conservation" "Covered species" "Development project" "Habitat" "Habitat in-lieu mitigation fee" "Habitat management plan" "Hardline preserve areas" "HMP" "HMP permit" "Implementing agreement" or "IA" "Incidental take permit" "Management of habitat" "MHCP" "Mitigation" "Narrow endemic species" "NCCP" "Preserve" "Preservation" "Property analysis record (PAR)" "Standards areas" "Wildlife agencies"
Whenever the following terms are used in this chapter, they shall have the meaning established by this section:
means the measures to avoid, minimize and mitigate for impacts to habitat and the covered species located therein and the conditions and terms of the approval of the HMP by the wildlife agencies contained in the HMP implementing agreement.
means to keep protected habitat and the species located therein from loss, decay or depletion and to move the species toward recovery. Conservation also describes all actions related to maintaining and managing habitat and providing a viable habitat preserve system in the city. Conservation and preservation are similar terms and are used in much the same way. Preservation connotes the act of setting aside or securing habitat, whereas conservation is generally more broad and includes activities such as management of the habitat.
means the species for which take authorization is provided because long-term viability has been determined to be adequately maintained under the HMP as identified in lists 1, 2, and 3, Exhibit "A" to the implementing agreement. The HMP addresses the species identified as list 1 in a manner sufficient to meet all of the criteria for issuing an incidental take permit. Take authorization for species of lists 2 and 3 is contingent on other MHCP subarea plans being permitted and/or funding for enhanced management of preserved areas.
means any use of a property, including grading, clearing and grubbing, construction, alteration of any magnitude or activities incidental thereto which requires a discretionary or ministerial permit, entitlement or approval issued under Titles 15, 18, 20 or 21 of the municipal code.
means the environment or the environmental conditions of a specific location where species or a population of such species lives, occurs or occupies. It includes both natural and native habitat.
means a per-acre fee charged for impacts to on-site habitat as an alternative to acquiring off-site habitat to mitigate for such impacts.
means the comprehensive plan which identifies how the city can preserve and conserve the diversity of habitat and protect rare species and biological resources within the city while allowing for additional development consistent with the city's general plan and its growth management plan. In so doing, the plan allows the city to issue permits and authorization for the incidental take of rare species in conjunction with private development projects, public projects, and other activities which are consistent with the plan.
means properties which are already part of or are planned to be part of the HMP habitat preserve system. "Existing" hardline preserve areas are depicted on Figure 5 of the HMP and have already been conserved for their habitat value due to permitting actions occurring in the past before approval of the HMP. "Proposed" hardline preserve areas are properties whose preservation and development areas have been planned as part of the HMP. These areas have been agreed-upon in coordination with the landowners, the city, U.S. Fish and Wildlife Service, and the California Department of Fish and Game. If the area proposed for development and proposed for conservations are in conformance with the HMP, the development will be allowed under the HMP.
means the Carlsbad Habitat Management Plan (dated December 1999 as amended, final approval November 2004).
means the permit required when a development project impacts, either directly or indirectly, habitat in the city.
means the legal document which defines the roles, responsibilities, activities and conditions that will be undertaken by the city and the wildlife agencies to provide for the preservation, conservation and management of habitat and the species covered under the HMP.
means the taking of an HMP covered species incidental to and not the purpose of carrying out otherwise lawful activities.
means all the activities and actions necessary to ensure that the habitat preserve system in the city remains viable and protected for the species that are located there including maintenance, biological monitoring and adequate funding for same.
means the multiple habitat conservation plan, a comprehensive subregional plan which addresses multiple species habitat needs and the preservation of natural vegetation in a one hundred seventy-five square mile area in northwestern San Diego County.
means measures undertaken to diminish or compensate for the negative impacts of a development project or activity on areas of habitat, native vegetation or species located therein including minimizing the impact by feasible avoidance, repairing or restoring the area of impact or compensating for the impact by replacing or providing substitute resources.
means native species with restricted geographic distributions, soil affinities and/or habitats, and for purposes of the HMP, species that in addition have important populations within the plan area, such that substantial loss of these populations or their habitat within the HMP area might jeopardize the continued existence or recovery of that species and therefore special conservation standards are required.
means the Natural Community Conservation Planning Act of 1991.
means an area set aside and managed for the protection of wildlife and biological resources.
means to keep in safety; protect from danger or harm; to keep intact or unimpaired; maintain. Preservation and conservation are similar terms and are used in much the same way. Preservation connotes the act of securing the land and its values, whereas conservation generally is more broad and includes activities such as management of the land and its resources.
means a computerized database methodology used to calculate the costs associated with the management, maintenance and monitoring of natural habitat areas.
means properties whose preservation and development areas have not yet been planned as part of the HMP. Instead, preservation and conservation standards have been developed for these properties which must be complied with when a development project is submitted for the property.
means the U.S. Fish and Wildlife Service and the California Department of Fish and Game.
(Ord. NS-783 § 1, 2006)
§ 21.210.030 Applicability.
A.
All development projects and fuel modification activities in the city shall comply with the habitat preservation and conservation standards contained in the city's habitat management plan (HMP) as well as the implementing agreement, permit conditions, the MHCP, the NCCP and 10(a)1(B) permit conditions, and the requirements contained in this chapter. All requirements of the HMP are incorporated herein by reference.
(Ord. NS-783 § 1, 2006)
§ 21.210.040 Habitat preservation requirements.
The provisions of this section shall apply to all development projects as follows:
A.
Hardline Preserve Areas. Properties or areas of the city identified in the HMP as existing hardline preserve areas are shown on Figure 5 of the HMP. Properties or areas of the city identified in the HMP as proposed hardline preserve areas are shown on Figures 8 through 25 and 34 through 40 of the HMP. These areas shall be prohibited from development located in or encroaching into the hardline preserve area. Minor modifications to the boundaries of the proposed hardline preserve area shall only be allowed if approved as an equivalency finding pursuant to Section 21.210.090 of this chapter. Incidental take of covered species and direct impacts to habitat shall only occur outside the boundaries of the hardline preserve areas. Hardline preserve areas are to be designated as biological open space and preserved in such designation in perpetuity.
B.
Standards Areas. Properties or areas of the city identified in the HMP as standards areas (HMP Figure 26) shall comply with all the habitat preservation standards contained in Section D.3(C) of the HMP which are incorporated by reference. Incidental take of covered species and direct impacts to habitat shall not be permitted in these areas until a development project is approved which complies with the standards and provides any land to the habitat preserve areas as required by the standards.
C.
Additional Mitigation. In addition to setting-aside land for the preserve area, all impacts to habitat and covered species shall be mitigated as follows:
1.
All development projects which impact habitat shall provide on-site or off-site replacement habitat in accordance with the mitigation ratios contained in Table 11 in Section D.6 of the HMP. Preference shall be given for on-site mitigation unless off-site mitigation provides for improved quality or configuration of open space. Replacement habitat shall be identified as part of the approval of the development project.
2.
Larger, connected areas of habitat that is not impacted by development or brush management and preserved on-site within the boundaries of the property where the project is located shall be credited toward the mitigation ratios.
3.
If at least sixty-seven percent of the habitat on the property where the development project is located is preserved, the project shall not be required to obtain off-site mitigation land in compliance with the mitigation ratios except if: 1) the project would otherwise be inconsistent with the HMP, IA, MHCP, and NCCP and 10(a)1(B) permits; 2) the proposed on-site preservation would reduce the city's ability to meet the specific habitat conservation obligations in the HMP; and/or 3) the areas to be preserved on-site would not benefit the city's preserve system (e.g., habitat exists in a small, isolated patch or patches outside of the focus planning area, and containing no narrow endemic species).
4.
Mitigation of impacts through habitat restoration or habitat creation shall be allowed in limited circumstances and shall be mitigated at a higher ratio as determined by the city in consultation with the wildlife agencies.
D.
Additional Conditions. In addition to the requirements, standards and conditions contained in subsections A, B and C of this section, the following additional conditions of coverage shall apply to all development projects. These conditions are intended to reference existing requirements and conditions contained in the HMP, IA, MHCP, and NCCP and 10(a)1(B) permit conditions; the conditions listed below are not intended to add additional requirements or conditions above those contained in the HMP, IA, MHCP, and NCCP and 10(a)1(B) permit conditions:
1.
Impacts to narrow endemic species shall be avoided to the maximum extent practicable in conformance with the narrow endemic species policy contained in the MHCP and incorporated herein by reference, however where impacts to a narrow endemic species population are demonstrated to be unavoidable, impacts shall be limited to five percent of the total narrow endemic species population within the boundaries of the property where the development project is located. Relocation of the narrow endemic species cannot be used to meet the five percent numeric standard.
2.
Grading for a development project during wildlife breeding seasons shall be prohibited, except as provided by the HMP and MHCP, unless a minor adjustment is specifically approved by the city and the wildlife agencies.
3.
All development projects shall be located and designed to minimize overall impacts to natural habitat.
4.
All fuel modification (brush management) zones required as a result of the development project, and as required by the Fire Marshal, shall be located outside the preserve areas, shall be considered impacted and shall be mitigated according to subsection C of this section.
5.
Impacts to wetland and riparian habitats shall be avoided to the maximum extent possible. All development projects that would affect these habitats must demonstrate that the impacts: 1) cannot be avoided by a feasible alternative; 2) have been minimized to the maximum extent practicable; 3) mitigated at a minimum 3:1 ratio; and 4) will be mitigated in ways that assure no net loss of habitat value or function.
6.
Impacts to vernal pools shall be avoided. In the event that no project alternative is feasible that avoids all impacts on a particular property, the impacts must be minimized and mitigated to achieve a no net loss of biological functions and values through strict adherence to the wetland avoidance and mitigation criteria (Section 3.6.1 of MHCP Volume I), standard best management practices (MHCP Appendix B), and revegetation guidelines (MHCP Appendix C).
7.
In the standards areas, sixty-seven percent of coastal sage scrub and seventy-five percent of the gnatcatchers located in the area shall be preserved. Some areas may preserve more or less than these percentages due to parcel size, location, resources, or long-term conservation potential as approved by the city and the wildlife agencies.
8.
All development projects shall comply with the applicable standards of the MHCP (dated March 2003) and the measures to minimize impacts to covered species described in Section D.6, Table 9 and Appendix C of the HMP.
9.
All development projects located in the coastal zone shall also be required to comply with the additional, general conservation standards contained in Section D.7, Standards 7-1 through 7-12 of the HMP and the additional, parcel-specific conservation standards contained in Section D.7, Standards 7-13 and 7-14 of the HMP as incorporated into the local coastal program.
E.
Habitat In-Lieu Mitigation Fee. Development projects which are subject to additional mitigation pursuant to subsection C of this section and which impact habitat types D, E and F listed in Table 11 of the HMP shall pay a fee in an amount to be determined by City Council resolution, in lieu of providing onsite or off-site mitigation land. The fee shall be used to fund the acquisition of habitat land in the MHCP as required by the HMP and implementing agreement. The fee shall be adjusted as necessary to acquire suitable habitat on a per acre basis comparable to the land being developed.
(Ord. NS-783 § 1, 2006)
§ 21.210.050 Habitat management requirements.
All development projects shall be required to provide for the permanent management, maintenance and biological monitoring in perpetuity of all on-site and off-site mitigation land and all habitat preserve areas within the boundaries of the property in which the project is located according to the provisions of this section:
A.
Standard of Management. All preserve areas shall be managed, maintained and monitored according to the standards contained in Section F.2 of the HMP, Volume 2 and 3 of the MHCP and the citywide open space management plan.
B.
Funding of Management. Based upon the management plan required by subsection D of this section, the developer shall provide a nonwasting endowment or other secure financial mechanism acceptable to the City Planner to the identified conservation entity in an amount sufficient for management, maintenance and monitoring of the preserve areas and mitigation land in perpetuity. The endowment will be tied to the preserved land for which it is provided and will be held by the city or a third-party financial entity approved by the city with demonstrated success in managing endowments. Only the interest accrued from the endowment shall be paid to the property manager.
C.
Conservation Easement Required. A conservation easement shall be placed on all preserve areas to ensure the area will be preserved in perpetuity, managed and maintained for its biological value and to prevent uses which will impair or interfere with the conservation of the area. At a minimum, the required conservation easement shall include the following:
a.
Identification of grantee, underlying land ownership, and third-party beneficiaries including the city and the wildlife agencies;
b.
Permitted and prohibited uses;
c.
Grantor's duties and responsibilities as per the preserve management plan, which may be amended from time to time;
d.
Enforcement provisions.
D.
Preserve Management Plan. Prior to recordation of a final map (if applicable) or prior to issuance of a grading permit, the developer shall be required to submit a plan to identify how the preserve areas and mitigation land will be managed and maintained for the first year after the areas are set aside for preservation. The plan shall include the costs for managing and monitoring the areas in perpetuity and shall identify a conservation entity, subject to approval by the City Planner, to serve as preserve manager and who possesses the necessary biological qualifications and experience to manage and monitor the preserve areas in perpetuity. The plan shall be based on the results of a property analysis record (PAR) or other method acceptable to the City Planner. The plan shall commit the preserve manager to prepare a permanent preserve management plan and annual work plans and shall give the city the right to enforce the preparation and execution of the plans. The plan shall be approved by the City Planner. The preserve management plan shall include the following:
1.
An overall vision of the preserve area, its role in the citywide preserve system and its regional relationship;
2.
The baseline biological conditions as identified in field surveys of the property not more than one year old including an identification of the covered species that occur or have the potential to occur in the preserve area and the known or expected threats to the biological value of the area;
3.
Identification of resource management goals and specific conservation objectives based on the vision for the preserve area and baseline biological conditions;
4.
Area-specific management directives based on the resource goals and conservation objectives;
5.
A description of preserve-level and subregional monitoring activities which shall be consistent with the HMP and MHCP Volumes I and II.
Appendix D of the citywide open space management plan contains an outline of the required format for preserve management plans. |
E.
Annual Work Plan. Each year, the preserve manager shall be obligated to submit to the planning division an annual work plan for each preserve area. The work plan shall identify specific problems and how they will be addressed, the planned monitoring and management actions for the year and include a prioritization of specific management needs and area-specific management directives.
(Ord. NS-783 § 1, 2006; Ord. CS-164 §§ 10, 11, 2011)
§ 21.210.060 Permits required.
Impacts to habitat and covered species shall not occur in the city until the permits required by this chapter have been approved. The permits required by this chapter shall be processed concurrently with any other development permits required by Titles 15, 18, 20 and 21 of the municipal code.
(Ord. NS-783 § 1, 2006)
§ 21.210.070 Minor HMP permit and HMP permit.
A.
A minor HMP permit or HMP permit shall be required for any development project which directly or indirectly impacts natural habitat in accordance with the procedures set forth in this section.
B.
Application and Fees.
1.
An application for a minor HMP permit or HMP permit may be made by the record owner or owners of the property affected by the development project or the authorized agent of the owner or owners. The application shall:
a.
Be made in writing on a form provided by the City Planner.
b.
State fully the circumstances and conditions relied upon as grounds for the application.
c.
Be accompanied by:
i.
A legal description of the property involved.
ii.
Adequate plans that allow for detailed review pursuant to this chapter.
iii.
A biological report, which demonstrates compliance with this chapter and includes the information specified in subsection C of this section.
iv.
All other materials as specified by the City Planner.
2.
At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the City Council.
C.
Biological Report.
1.
The biological report shall be prepared by a biologist. The report shall identify:
a.
The location and quantifies of all habitat and vegetation on the property (or any off-site work area).
b.
The location of any covered species.
c.
The location of any off-site wetland, riparian habitat, oak woodland, nesting raptors or narrow endemic species located within one hundred feet of the property.
2.
If the biological survey is conducted outside the acceptable time of year for identifying narrow endemic species, but the biologist identifies that narrow endemic species could be present on the property, then surveys for narrow endemic species must be conducted during the acceptable time of year in accordance with wildlife agencies protocols, if such protocols exist. The processing of the HMP permit application will be held in abeyance until the applicant submits subsequent surveys conducted during the acceptable time of the year.
3.
For projects located in a proposed hardline area, a map shall be submitted showing the precise boundary of the proposed development area and the proposed preserve area consistent with the proposed hardline preserve area figures contained in the HMP.
4.
For projects located in the standards areas, an analysis shall be submitted which exactly and clearly identifies:
a.
How the project complies with the standards and conditions contained in the HMP, MHCP, and IA, and any applicable permit conditions in the NCCP and 10(a)1(B) permits;
b.
The hardline preserve boundaries which would result from compliance with the standards; and
c.
How the project is being located on the least biologically sensitive portion of the property.
5.
For projects which impact narrow endemic species, the following information shall be provided:
a.
A graphic depiction of all narrow endemic species located on the property where the development project is located;
b.
A written biological description of the status of the narrow endemic species;
c.
Quantification of both preservation of narrow endemic species and impacts to narrow endemic species associated with the project including direct and indirect effects on an area and individual plant basis;
d.
A written report of the feasibility or infeasibility of total avoidance of narrow endemic species population(s);
e.
A written description of project design features that reduce indirect effects such as edge treatments, landscaping, elevation differences, minimization and/or compensation through restoration or enhancement and consistently with the MHCP adjacency standards.
6.
For projects which impact wetlands, the following information shall be provided:
a.
A graphic depiction of all wetlands located on the property where the development project is located;
b.
A written biological description of the status of the wetlands;
c.
Quantification of proposed impacts to wetlands associated with the project;
d.
Written analysis of the inability to avoid impacts to wetlands;
e.
Written description of project design features that minimize impacts to wetlands including buffers as described in Section 7-11 of the HMP.
7.
An analysis of how the development project complies with the additional preservation conditions contained in Section 21.210.040(D) of this chapter.
8.
A description of proposed additional mitigation consistent with Sections 21.210.040(C) and (E) of this chapter.
9.
Any other information, data or analysis deemed necessary by the City Planner.
D.
Notices and Hearings.
E.
Decision-Making Authority.
1.
Applications for minor HMP permits and HMP permits shall be acted upon in accordance with the following:
a.
Minor HMP Permit.
i.
An application for a minor HMP permit may be approved, conditionally approved or denied by the City Planner based upon his/her review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this title.
b.
HMP Permit.
i.
An application for an HMP permit may be approved, conditionally approved or denied by the planning commission or city council, as specified in Section 21.54.040 of this title.
ii.
The decision on an HMP permit shall be based upon the decision-making authority's review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing.
F.
Required Findings.
1.
No minor HMP permit or HMP permit shall be approved unless the decision-making authority finds that:
a.
The development project complies with the purpose and intent provisions of Section 21.210.010 of this chapter.
b.
The proposed development is in compliance with all provisions of the Carlsbad habitat management plan (HMP), the implementing agreement, the multiple habitat conservation plan (MHCP), the natural community conservation plan (NCCP) and 10(a)1(B) permit conditions, the preservation requirements set forth in Section 21.210.040 of this chapter and the management requirements set forth in Section 21.210.050 of this chapter.
c.
The project design as approved by the city has avoided and minimized impacts to habitat and covered species to the maximum extent feasible.
d.
If applicable, the take of covered species is consistent with the citywide incidental take permit issued for the HMP, will be incidental to otherwise lawful activities related to construction and operation of the project and will not appreciably reduce the likelihood of survival and recovery of the species.
G.
Announcement of Decision and Findings of Fact. When a decision on a minor HMP permit or HMP permit is made pursuant to this chapter, the decision-making authority shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title.
I.
(Ord. NS-783 § 1, 2006; Ord. CS-164 § 10, 2011; Ord. CS-178 § CXXXII, 2012; Ord. CS-432, 9/27/2022)
§ 21.210.075 Incidental take permit.
If a development project impacts a HMP covered species and an incidental take permit is required under the authority of the citywide incidental take permit issued for the HMP, the City Planner shall have the authority to issue the take permit as long as a minor HMP permit or HMP permit has been approved for the project.
(Ord. CS-178 § CXXXIII, 2012)
§ 21.210.080 Habitat management plan amendment.
Certain HMP implementation actions will require an amendment to the HMP as follows:
A.
Minor Amendments.
1.
Equivalency Findings. Minor changes to the boundary of proposed hardline preserve areas or other HMP maps which do not reduce the acreage or quality of habitat are considered minor amendments to the HMP and can be approved by the city with equivalency findings. The city shall provide written notice of the equivalency findings to the wildlife agencies, and unless the agencies object within thirty days of notification, the change will be considered automatically approved. If objections are raised, the city will meet with the agencies to resolve the objection and written approval of the change from the agencies will be required.
2.
Consistency Findings. The conversion of standards areas to hardline preserve areas and the processing of certain city projects not shown as hardline preserve areas in the HMP are considered minor amendments to the HMP and can be approved by the city with consistency findings as follows:
a.
Conversion of Standards Areas to Hardline Preserve Areas. If the City Planner determines that the new hardline preserve area boundary conforms to the standards contained in Section D.3(C) of the HMP, the planner shall consult with the wildlife agencies as part of the environmental review process for the development project. If objections to the new preserve area boundaries are not received during the public review period for the environmental review process from the wildlife agencies, consistency findings shall be prepared and adopted as part of the normal development permitting process for the project.
b.
City Projects. For city projects not proposed as hardline preserve areas and not requiring any discretionary review and permitting process, the city shall review the project for compliance with the standards contained in Section 21.210.040 of this chapter. If the city project complies, it shall be determined to be consistent with the HMP and the City Planner shall make consistency findings.
3.
Other Minor Amendments.
a.
Minor amendments may also be considered for the following cases:
i.
The total impact to habitat is less than one acre, the habitat is not occupied by a covered species, does not impact a narrow endemic species or a wetland and the habitat mitigation in-lieu fee is assessed pursuant to Section 21.210.040(E) of this chapter;
ii.
The development project is an essential public works project resulting in a public facility or infrastructure that benefits the community at large and strict adherence to the requirements would render the project completely infeasible;
iii.
Strict application of the requirements of this chapter would result in development of less than twenty-five percent of the property. Development shall occur on the least biologically sensitive portion of the property;
iv.
The alternate design results in a biologically superior development.
b.
Process for Minor Amendments for These Cases. A request for a minor amendment shall be processed concurrently with any other permit required for the development project. Supporting data and information shall be submitted by the applicant for the minor amendment which clearly demonstrates that the project design, siting and size are the minimum necessary to make the project feasible or provide an economically viable use of the property. The City Planner shall consult with and obtain approval from the wildlife agencies in reviewing a request for a minor amendment. The minor amendment shall require the approval or conditional approval of the Planning Commission or City Council based on whichever authority is the final decision-maker on the concurrent permit(s) [Note: Such projects may require a major amendment (described below) depending upon the nature of the impact and conflict with the HMP, IA, MHCP, and NCCP and 10(a)1(B) permits].
c.
Required Findings. No minor amendment request shall be approved unless the decision-making body finds that:
i.
If applicable, the project is an essential public works project that will service the community at large;
ii.
The proposed project and all project alternatives have been analyzed in an appropriate environmental (CEQA) document;
iii.
The impacts to habitat have been minimized to the maximum extent practicable;
iv.
The project has mitigated its impacts to the maximum extent practicable; and
v.
The project does not reduce the ability to meet the specific habitat conservation obligations of the HMP, IA, MHCP, and NCCP and 10(a)1(B) permits.
B.
Major Amendments. Removal of lands from conserved areas, or reconfiguration of hardline areas resulting in a decrease of acreage, quality of habitat, or function of the conserved area shall constitute a major amendment to the HMP. Additions to the covered species list shall also require a major amendment to the plan. Major amendments shall require public, environmental review (CEQA and NEPA) and will be subject to the following amendment process:
1.
The city will initiate a pre-amendment review with the wildlife agencies. In this review, the city will present a report that identifies the change or the affected species. The purpose of the review meeting will be to determine whether adequate information is available to consider approval of the change.
2.
Within ninety days of the review meeting, the wildlife agencies will notify the city that they have sufficient information to act on the proposed change; have specific items of additional information necessary to properly evaluate the proposed changes; or have determined that additional data collection and analysis is necessary for adequate evaluation of the impacts of the proposed change.
3.
Where specific items of additional information are requested, the city will provide the information to the extent it is reasonably available within ninety days. Where additional data collection and analysis are requested, the agencies will provide a detailed explanation of what is required and the purpose of the data and analysis.
4.
Once the additional information is received, the agencies shall notify the city within thirty days whether the change is approved. If approved, the change shall constitute an amendment of the plan which shall then be presented to the City Council for approval and adoption.
(Ord. NS-783 § 1, 2006; Ord. CS-164 § 10, 2011)
§ 21.210.090 Guidelines.
From time to time, the City Planner may, upon review by the City Attorney, prepare guidelines to assist in the implementation of this chapter or the HMP, including, but not limited to, wetland preservation and mitigation. The City Planner shall have the authority to approve and publish any guidelines.
(Ord. NS-783 § 1, 2006; Ord. CS-164 § 10, 2011)
§ 21.210.100 Enforcement measures-Violations and remedies.
A.
Whenever the City Planner determines that a violation of this chapter has occurred or an individual has impacted habitat without the benefit of an HMP permit, the following enforcement measures and remedies may be undertaken by the City Planner, in lieu of or in addition to any remedial actions undertaken in accordance with Section 15.16.140 of the municipal code.
1.
Stop Work Notice. The City Planner shall issue a stop work order demanding that all activities in violation of this chapter be stopped until a valid HMP permit is obtained and corrective action is authorized by the City Planner.
2.
Corrective Action. The City Planner, in consultation with the wildlife agencies, shall determine the extent of corrective action necessary to cure the violation. Corrective action may include a higher mitigation ratio than specified in Table 11 of Section D.6 of the HMP.
3.
Owner-Notification. The owner of the property shall be notified in writing that a violation has occurred. The notification shall specify the location, nature and extent of the activity or condition which contributed to the violation, the corrective action needed to cure the violation and the period of time deemed necessary by the City Planner to correct the violation. The appeal process contained in Section 21.51.140 of this code shall apply to the City Planner's determination.
4.
Record Notice of Violation. In the event that the owner does not correct the violation in the manner or within the time period requested by the City Planner, the City Planner shall record a notice of HMP violation against the property with the County Recorder. Upon completion of any corrective action and/or issuance of a valid HMP permit and upon payment of the investigation fee required pursuant to this section, the City Planner shall file a notice of release of HMP violation with the County Recorder releasing the property from the notice of violation.
5.
Prohibition of Development Permits. Any property which has a notice of HMP violation recorded against it shall be prohibited from obtaining or using any development permit pursuant to Titles 18, 20 and 21 of this code until after all corrective actions are taken in accordance with the requirements of the City Planner and, a notice of release of violation has been recorded with the County Recorder.
6.
Investigation Fee. An investigation fee established by City Council resolution shall be paid by the person responsible for the violation in accordance with the provisions of this chapter. The payment of such investigation fee shall not relieve any person from the performance of the corrective work or otherwise complying with the requirements of this chapter.
7.
Criminal Penalties. Each person, firm or corporation who commences or does any activity contrary to the provisions of this chapter, or otherwise violates the provisions of this chapter, is guilty of an infraction. Every day during any portion of which any violation of any provisions of this title is committed, continued or permitted by such person, firm or corporation, shall be deemed a separate violation and shall be punishable as provided in this title and in Section 1.08.010(B) of this code.
8.
Abatement of Public Nuisance. Any activity commenced or done contrary to the provisions of this chapter, or other violation of this chapter, shall be, and the same is declared to be, a public nuisance. Upon order of the City Council, the City Attorney shall commence necessary proceedings for the abatement of any such public nuisance in the manner provided by law. Any failure, refusal, or neglect to obtain a permit as required by this chapter shall be prima facie evidence of the fact that a public nuisance has been committed in connection with any activity commenced or done contrary to the provisions of this chapter.
9.
Civil Action. The City Attorney may, at the request of the City Planner, initiate any appropriate civil action in a court of competent jurisdiction to enforce the stop work notice, including the required corrective actions, including the recovery of any funds expended by the city to abate any public nuisance resulting from an unlawful act as defined in Section 15.16.170 of the municipal code and any additional civil penalties provided for by law.
(Ord. NS-783 § 1, 2006; Ord. CS-164 § 10, 2011)