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HomeMy WebLinkAbout2019-12-04; Planning Commission; Resolution 7353PLANNING 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: 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. 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- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on December 4, 2019, by the following vote, to wit: AYES: Commissioners Anderson, Geidner, Lafferty, Meenes, Merz and Stine NOES: ABSENT: Chair Luna ABSTAIN: ROY MEENES, Vice-Chair erson CARLSBAD PLANNING MMISSION ATTEST: DON NEU City Planner PC RESO NO. 7353 -3-