HomeMy WebLinkAbout1975-09-10; Planning Commission; Resolution 1181. +., .'r ?. . 0 0
1 I/ PLANNING COMMISSION RESOLUTION NO. 1181
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RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDATIONS RELATIVE TO REZONING OF CERTAIN PROPERTIES LOCATED WITHIN THE 100-YEAR FLOOD PLAIN OF THE BUENA VISTA LAGOON BY APPLICATION OF A FLOOD PLAIN (F-P) OVERLAY
CASE NO. : ZC-7 61 ZONE.
I WHEREAS, the Planning Commission did on the 10th day of September, 1
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application of a Flood Plain (F-P) Overlay Zone to certain properties; a1 9
hold a duly noticed public hearing as prescribed by law to consider the
10 WHEREAS, the subject Zone Change has complied with the requirements
11 City of Carlsbad "Environmental Protection Ordinance of 1972"; and
12 WHEREAS, at said public hearing, upon hearing and considering the te
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and reasons to exist: 15
considered all factors relating to the Zone Change and found the followir 14
and arguments, if any, of a1 1 persons who desired to be heard, said Commi
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(1) The Zone Change is justified because it will implement the goal and objectives of the Land Use Plan (Open Space Land Use categc and the Geological Seismic Safety Element which recognize flooc hazard areas, and will require special management approach to protect present and future inhabitants from these environmental hazards.
(2) Application of a Flood Plain Overlay (F-P) Zone is mandatory ur the provision of Section 65860 of the Government Code, which rc consistency of the Zoning Ordinance and the General PI an.
(3) This Zone Change will be in the interest of the furtherance of public welfare because it may protect life and property in area which are subject to flood water inundation by requiring flood protection measures as deemed necessary by the City Engineer. Protection measures are based on latest technical and engineeri data available.
(4) The permitted uses in this proposed reclassification will not t detrimental to surrounding properties because they will not cha present or proposed uses for affected or surrounding properties
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(5) Application of flood protection measures established under the Plain (F-P) Overlay Zone is mandatory under the provisions of t National Flood Insurance Act of 1968 and is a partial requiremc must be completed by the community to become eligible and to rc eljgible for the flood insurance program.
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1 WHEREAS, the proposed zone change is consistent with the Carlsbad
2 Environmental Protection Ordinance of 1972 because:
3 (1) The proposed rezoning has been found to have an insignificant environmental impact. 4
5 I! (2) A negative declaration has been filed by the Planning Director,
6 WHEREAS, the properties considered under this zone change are locatf
7 in the Buena Vista Creek Flood Plain area, generally lying between the
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Atchison, Topeka and Santa Fe Railroad right-of-way and the easterly citj
boundary as shown on Exhibits 1 through 11 inclusive, dated September lo!
10 on file in the Planning Department of the City of Carlsbad; and
11 WHEREAS, the Planning Commission, pursuant to the provisions of Secl
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F-P Zone may be based on either the limits of the Standard Project Flood 13
21.31.030 of Chapter 21.31, Flood Plain Zone, finds that the limits of tt
Administration Flood Hazards Maps, if it is determined that the property 28
be removed from the Flood Plain zone designations and Federal Insurance 27
owners, every opportunity should be afforded to affected property owners 26
flood plain insurance requirements, which may be very costly to many pro] 25
WHEREAS, the Planning Commission further finds that due to the mandi 24
other, updated information which may become available subsequently. 23
Agua Hedionda (July, 1973) and San Marcos Creeks (Apri 1 , 1971 ) together 1 22
of Engineers Flood Plain Information Reports for Buena Vista (July, 1973: 21
elevations as shown in the Department of the Army, Los Angeles District, 20
described in this resolution, the City Engineer shall use the 100-year f' 19
For the purposes of defining the limits of the F-P Zone on each pro1 18
the Planning Commission recommends that: 17
Flood Control, U.S. Corps of Engineers and Federal Insurance Administrat- 16
WHEREAS , the 100-year F1 ood Plain Limits are used on San Diego Counl 15
100-year Flood, whichever is determined applicable by the City; and 14
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or as a result of more recent information is not subject to .inundation. 2
proposed or existing development as a result of appropriate engineering m
3 The Planning Commission therefore recommends that:
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(1) Only that portion of each parcel of land lying in the designate flood plain, as determined by the Planning Commission, after rc by the City Engineer, shall be subject to the provisions of Cha 21.31 of the City of Carlsbad Zoning Ordinance.
(2) If it is determined by the City Engineer or Planning Commission the property is not subject to inundation, the City of Carlsbad initiate a Zone Change to eliminate the F-P Overlay Zone from t property.
9 NOW, THEREFOREy BE IT RESOLVED by the Planning Commission of the Cit
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Carlsbad as follows:
A) That the above recitations are true and correct.
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B) That this zone change to appy an F-P Overlay Zone to the underl. zones of the various properties described in this application recommended for approval.
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AYES : Commissioners Watson, Dominguez, Packard and Jose 16
Commission on September 10, 1975 by the following vote, to wit: 15
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
17 11 NOES : None
l8 I! ABSENT: None
19 11 ABSTAIN :
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22 ATTEST:
Commi ssioners Fikes, L .arson y L ' Heureux
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'd Dona d A. Agatep, Secret ry
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