HomeMy WebLinkAbout1973-01-16; City Council; Resolution 3052." . Ij
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RESOLUTION NO. 3052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REQUESTING THAT THE BUENA VISTA LAGOON AND THE
CONSIDERATIONS AS PROVIDED FOR IN THE CALIFORNIA COASTAL ZONE CONSERVATION ACT.
BATIQUITOS LAGOON BE GIVEN NON-TIDAL
Zone Conservation Act" was passed November 8, 1972 by the Citizens
of the State of California in a General Election; and
WHEREAS, Division 18, Sec. 27104 Public Resources Code
defines "Permit Area" as "That portion of the Coastal Zone lying
between the seaward limit of the jurisdiction of the State and
1,000 yards landward from the mean high tide line of the sea...;
WHEREAS, Proposition 20, entitled the "California Coastal
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and
WHEREAS, Division 18, Sec. 27104, Para. (5) Public Resources
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Code, provides that, "if any portion of any body of water which is
not subject to tidal action lies within the permit area, the body
of water together with a strip of land 1,000 feet wide surrounding
it shall be included", within the permit area; and
WHEREAS, the Buena Vista Lagoon, and the Batiquitos Lagoon
are currently fed by run-off waters and are geographically not
subject to tidal actions generated by the Pacific Ocean, this
premise substantiated by,
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resolves as follows:
Section 1. That the members of the City Council of the City
of Carlsbad recognize the sensitivity of the California Coastal
Zone Conservation Act.
(a) "Buena Vista Lagoon and Its Use" Phillip Stanbro, Master's Thesis, San Diego State-University, Jan.-28, 1972
(b) The Coastal Lagoons of San Diego County
Cal-Poly College, Pomona, 1971
32 Section 2. That the City Council of the City of Carlsbad
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2%
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wishes that the Regional Coastal Commission will be cognizant of
the Buena Vista Lagoon and the Batiquitos Lagoon as being fresh
water lagoons not subject to tidal action, and therefore should be
recognized under provisions of Divison 18, Se. 27104, Para. (B),
Pub1 ic Resources Code.
Section 3. That the City Clerk be, and is hereby authorized
and directed to furnish a copy of this resolution to each of the
newspapers of this City, and to forward certified copies of this
resolution to such persons as the Mayor and the City Manager shall
request, including The San Diego Regional Commission for the
California Coastal Zone.
Section 4. The City Clerk shall certify to the passage of
this resolution by the City Council of the City of Carlsbad and
cause the same to be posted in three (3) conspicuous places in
the City of Carlsbad and it shall thereupon take effect.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Carlsbad at a regular meeting of the City Council held on the
16th day of January , 1973, by the following vote,
to wit:
AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee.
NOES: None.
ABSENT: !done.
- ' DAVID M. DUNNE, Mayor
ATTEST : -7
City flerk