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HomeMy WebLinkAbout1975-09-10; Planning Commission; Resolution 1183, .. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - PLANNING COMMISSION RESOLUTION NO. 1183 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 SAN MARCOS CREEK BY APPLICATION OF A FLOOD PLAIN (F-P) OVERLAY ZONE. CASE NO. ZC-163 WHEREAS, the Planning Commission did on the 10th day of September, 1975, 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; and WHEREAS, the subject Zone Change has complied with the requirements of the City of Carlsbad "Environmental Protection Ordinance of 1972"; and WHEREAS, at said public hearing, upon hearing and considering the testimor and arguments, if any, of all persons who desired to be heard, said Commission considered all factors relating to the Zone Change and found the following facl and reasons to exist: (1) . The Zone Change is justified because it will implement the goals and objectives of the Land Use Plan (Open Space Land Use category) and the Geological Seismic Safety Element which recognize flood 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 under the provision of Section 65860 of the Government Code, which require: consistency of the Zoning Ordinance and the General Plan. (3) This Zone Change will be in the interest of the furtherance of the pub1 ic welfare because it may protect 1 ife and property in areas 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 techn.ica1 and engineering data available. (4) The permitted uses in"this proposed reclassification will not be detrimental to surrounding properties because they will not change present or proposed uses for affected or surrounding properties. (5) Application of flood protection measures established under the Flood Plain (F-P) Overlay Zone is mandatory under the provisions of the National Flood Insurance Act of 1968 and is a partial requirement that must be completed by the community to become el igi ble and to remain eligible for the flood insurance program. I1 II ~ . 8’ e i I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I I1 WHEREAS, the proposed Zone Change is consistent with the Carlsbad (1) The proposed rezoning has been found to have an insignificant (2) A negative declaration has been filed by the Planning Director. WHEREAS, the proierties considered under this Zone Change are locatc within the San Marcos creek Flood P1 ain area , generally beginning approx’ 2,000 feet west of El ICamino Real to the easterly City boundary as shown Exhibits 1 through IZ~inclusive, dated September 10, 1975, on file in tht P1 anning Department of the City of Carl sbad; and i Environmental Protection Ordinance of 1972 because: environmental impact. I I WHEREAS, the Planning Commission, pursuant to the provisions of Sec. 21.31.030 of Chapter 21.31, Flood Plain Zone, finds that the limits of tl I F-P Zone may be based ~ on either the 1 imits of the Standard Project Flood 100 year flood, whichever is determined applicable by the City; and WHEREAS, the 1 00-year flood plain 1 imi ts are used on San Diego Coun, Flood Control, U.S. CPrps of Engineers and Federal Insurance Administrat Maps, the Planning Co(mission recommends that: ~ I For the purposes~ of defining the 1 imi ts of the F-P Zone on each pro described in this Resolution, the City Engineer shall use the 100-year f elevations as shown in the Department of the Army, Los Angel es District, of Engineers Flood Plain Information Reports for Buena Vista (July, 1973 Agua Hedionda (July, 1973) and San Marcos Creek (April , 1971 ) together w other updated informa$ion which may become available subsequently. WHEREAS, the Plabning Commission further finds that due to the mand flood plain insurance^ requirements, which may be very costly to many pro owners, every opportunity should be afforded to affected property owners be removed from Flood Plain Zone designations and Federal Insurance Administration Flood hazards maps , if it is determined that the property i I I I -2- ~ c 1 *- . ii mi l e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 proposed or existing development as a result of appropriate engineering n or as a result of more recent information is not subject to inundation. ~ The Planning Codission therefore recommends that: (1) Only that pdrtion of each parcel of land lying in the designatc flood plain4 as determined by the Planning Commission, after rc by the City !Engineer, shall be subject to the provisions of Chz 21.31 of the City of Carlsbad Zoning Ordinance. (2) If it is determined by the City Engineer or Planning Commissior the propert4 is not subject to inundation, the City of Carlsbac initiate a ;one Change to eliminate the F-P Overlay Zone from 1 property. ~ NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the Ci- Carlsbad as follows: ~ A) That the above recitations are true and correct. 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 . PASSED, APPROVED ~ AND ADOPTED at a regular meeting of the Planning Commission on September 10, 1975, by the following vote, to wit: AYES: Commissioners Watson , Domi nguez, Packard and Jose NOES: None ABSENT None ABSTAIN : Commissioners Fi kes, Larson, L'Heureux ATTEST : i ~ -3- I