HomeMy WebLinkAbout2020-04-07; City Council; Resolution 2020-057RESOLUTION NO. 2020-057
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A ZONE CODE AMENDMENT AND A LOCAL
COASTAL PROGRAM AMENDMENT TO UPDATE THE CITY'S FLOODPLAIN
MANAGEMENT REGULATIONS TO ENSURE CONSISTENCY WITH FEDERAL
GUIDELINES RELATED TO FLOODPLAIN MANGEMENT REGULATIONS.
EXHIBIT 4
WHEREAS, the city planner, has prepared a proposed amendment to the Zone Code and Local
Coastal Program pursuant to Chapter 21.52 of the Carlsbad Municipal Code to ensure consistency with
federal guidelines related to floodplain management regulations; and
WHEREAS, the City Council of the City of Carlsbad, California has determined that the Planning
Commission did, on Dec. 4, 2019, hold a duly noticed Public Hearing as prescribed by law to recommend
to the City Council approving an amendment to the Floodplain Management Regulations Zoning
Ordinance; and
WHEREAS, the Municipal Code and City Council Policy Update Subcommittee met on Feb. 19,
2020 and again on March 9, 2020 to review the proposed code changes and recommend minor
clarifying modifications to the proposed amendment to the Floodplain Management Regulations
Zoning Ordinance; and
WHEREAS, the City Council of the City of Carlsbad, held a duly noticed Public Hearing to consider
said Zone Code Amendment and Local Coastal Program Amendment; and
WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments,
if any, of all persons desiring to be heard, the City Council considered all factors relating to the Zone
Code Amendment and Local Coastal Program Amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of Zone Code
Amendment ZCA 2019-0001 and Local Coastal Program Amendment LCPA 2019-0004
are adopted and approved, and that the findings and conditions of the Planning
Commission contained in Planning Commission Resolution No. 7353 on file with the city
clerk and incorporated herein by reference, are the findings and conditions of the City
Council.
April 7, 2020 Item #9 Page 54 of 144
3. That the recommendations by the Municipal Code and City Council Policy Update
Subcommittee do not substantially alter the intent or purpose of the proposed
amendment to the Floodplain Management Regulations Zoning Ordinance as
recommended by the Planning Commission.
4. This action is final the date this Resolution is adopted by the City Council. The provisions
of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall
apply:
"NOTICE"
The time within which judicial review of this decision must be sought is governed by Code of Civil
Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad
Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the
appropriate court not later than the ninetieth day following the date on which this decision becomes
final; however, if within ten days after the decision becomes final a request for the record is filed with
a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time
within which such petition may be filed in court is extended to not later than the thirtieth day following
the date on which the record is either personally delivered or mailed to the party, or his attorney of
record, if he has one. A written request for the preparation of the record of the proceedings shall be
filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 7th day of April, 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
None.
MATT HALL, Mayor
(SEAL)
'
April 7, 2020 Item #9 Page 55 of 144
Exhibit 8
PLANNING COMMISSION RESOLUTION NO. 7353
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE
AMENDMENT AND A LOCAL COASTAL PROGRAM AMENDMENT TO
ENSURE CONSISTENCY WITH FEDERAL GUIDELINES RELATED TO
FLOODPLAIN MANGEMENT REGULATIONS.
CASE NAME:
AMENDMENTS
CASE NO:
0010)
FLOODPLAIN MANGEMENT REGULATIONS
ZCA 2019-0001/LCPA 2019-0004 (PUB2019-
WHEREAS, the city planner, has prepared a proposed amendment to the Zone Code and
Local Coastal Program pursuant to Chapter 21.52 of the Carlsbad Municipal Code to ensure consistency
with federal guidelines related to floodplain management regulations; and
WHEREAS, the city planner has prepared a Local Coastal Program Amendment, as
provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title
14, Division 5.5; and
WHEREAS, the proposed Zone Code Amendment and Local Coastal Program Amendment
are consistent with state and federal guidelines and are set forth in the draft City Council Ordinance,
Exhibit "1" dated, December 4, 2019, and attached hereto FLOODPLAIN MANGEMENT REGULATIONS
AMENDMENTS-ZCA 2019-0001/LCPA 2019-0004; and
WHEREAS, California Coastal Commission Regulations require a six-week public review
period_ for any amendment to the Local Coastal Program; and
WHEREAS, the Planning Commission did on December 4, 2019, hold a duly noticed Public
Hearing as prescribed by law to consider said request for a proposed Zone Code Amendment and Local
Coastal Program Amendment; and
WHEREAS, at said Public Hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Zone Code Amendment and Local Coastal Program Amendment.
April 7, 2020 Item #9 Page 136 of 144
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) At the end of the state-mandated six-week review period for the Local Coastal Program
Amendment, starting on November 22, 2019 and ending on January 3, 2020 staff shall
present to the City Council a summary of the comments received.
C) That based on the evidence presented at the Public Hearing, the Commission
RECOMMENDS APPROVAL of FLOODPLAIN MANGEMENT REGULATIONS AMENDMENTS
-ZCA 2019-0001/LCPA 2019-0004 (PUB2019-0010), based on the following findings:
Findings:
1. ZCA 2019-0001 is consistent with the General Plan in that Public Safety Flooding and Coastal
Hazards Policy 6-P.1 directs the city to enforce the Cobey-Alquist Floodplain Management Act
and the city's Floodplain Management Regulations to prohibit construction of structures in a
designated floodway where such development would endanger life or significantly restrict the
carrying capacity of the designated floodway; and to regulate development within other areas
of special flood hazard, flood related erosion hazard and mudslide hazard to ensure such
development does not adversely affect public health and safety due to water and erosion
hazards, or result in damaging increases in erosion, flood height or velocities.
2. ZCA 2019-0001 is consistent with the General Plan in that the proposed amendments implement
the General Plan Public Safety Flooding and Coastal Hazards Policy 6-P.8, which requires the city
to comply with Federal Emergency Management Agency requirements to identify flood hazard
areas and control development within these areas in order for residents to qualify for federal
flood insurance.
3. LCPA 2019-0004 ensures the Carlsbad Local Coastal Program and the Zone Code are consistent.
4. LCPA 2019-0004 meets the requirements of, and is in conformity with, the policies of Chapter 3
of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program not being
amended by this amendment, in that the amendment ensures consistency with the Zone Code,
federal floodplain management regulations and does not conflict with any Coastal Zone
regulations, land use designations or policies, with which development must comply.
PC RESO NO. 7353 -2-April 7, 2020 Item #9 Page 137 of 144