HomeMy WebLinkAbout1975-09-10; Planning Commission; Resolution 1182Le7 W
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PLANNING COMMISSION RESOLUTION NO. 1182
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 AGUA HEDIONDA LAGOON BY APPLICATION OF A FLOOD PLAIN (F-P)
CASE NO. : ZC-162 OVERLAY ZONE.
WHEREAS, the Planning Commission did on the 10th day of September,
hold a duly noticed public hearing as prescribed by law to consider the
application of a Flood Plain (F-P) Overlay Zone to certain properties; ar
WHEREAS, the subject Zone Change has complied with the requirements
City of Carlsbad "Environmental Protection Ordinance of 1972"; and
WHEREAS, at said public hearing, upon hearing and considering the tc
and arguments, if any, of all persons who desired to be heard, said Comm.
considered all factors relating to the Zone Change and found the followit
and reasons to exist:
(1) The Zone Change is justified because it will implement the goa' 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 environmenta' hazards.
(2) Application of a Flood Plain Overlay (F-P) Zone is mandatory ur the provision of Section 65860 of the Government Code, which r( consistency of the Zoning Ordinance and the General Plan.
(3) This Zone Change will be in the interest of the furtherance of public welfare because it may protect life and property in are; are subject to flood water inundation by requiring flood protec measures as deemed necessary by the City Engineer. Protection are based on latest technical and engineering data available.
(4) The permitted uses in this proposed reclassification will not I detrimental to surrounding properties because they will not chi present or proposed uses for affected or surrounding propertie:
(5) Application of flood protection measures established under the Plain (F-P) Overlay Zone is mandatory under the provisions of National Flood Insurance Act of 1968 and is a partial requiremr must be completed by the community to become eligible and to r( eligible 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
(2) A negative declaration has been filed by the Planning Director. 5
6 MHEREAS, the properties considered under this Zone Change are locate
7 within the Agua Hedionda Creek Flood Plain area, generally lying easterly
8 Carlsbad Boulevard (Agua Hediond Lagoon) and the Easterly City boundary a ~
9 shown on Exhibits 1 through 17 inclusive, dated September 10, 1975, on fi
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the Planning Department of the City of Carlsbad; and
WHEREAS, the Planning Commission pursuant to the provisions of Secti
21.31.030 of Chapter 21.31, Flood Plain Zone, finds that the limits of tl
F-P Zone may be based on either the limits of the Standard Project Flood
100 year flood, whichever is determined applicable by the City; and
WHEREAS, the 100 year flood plain 1 imi ts are used on Sm DT!ego 'Caunl
Flood Control , U .S. Corps of Engineers and Federal Insurance Admini strati
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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 pro! 18
Maps, the Planning Commission recommends that:
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 mand, 24
other updated information which may become available subsequently. 23
Agua Hedionda (July, 1973, and San Marcos Creek (April, 1971 ) together w' 22
of Engineers Flood Plain Information Reports for Buena Vista (July, 1973 21
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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 IT
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 re 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 PI anning 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, THEREFORE, BE IT RESOLVED by the Planning Commission of the Cit.
10 Carlsbad as follows:
I1 A) That the above recitations are true and correct.
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B) That this Zone Change to apply an F-P Overlay Zone to the under zones of the various properties described in this application i. recommended for approval.
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AYES: Commissioners Watson, Dorninguez, Packard and Joe 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 NOES : None
18 ABSENT: None
19 ABSTAIN : Commissioners Fikes, Larson,
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22 ATTEST:
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Donam A. Agatep, Secretary
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