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HomeMy WebLinkAbout1971-04-06; City Council; Resolution 18371 2 7 % 4 5 6 7 8 9 16 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 1837 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD URGING DESIGNATION OF A LOCAL AGENCY AS THE AGENCY APPOINTED LINE DEVELOPMENT. TO EXERCISE JURISDICTION OF LOCAL COAST- WHEREAS, the legislature is presently considering bills to impose coastline development control over the coastal area of the State of California and over a portion of the coastal area inland from the coast and along some natural lagoons, estuaries and coastal waterways; and WHEREAS, the local agencies having jurisdiction of areas which are directly on the coastline of the State of California or having jurisdiction over areas which would be affected by this legislation are interested in the jurisdiction over coastline development and control which will be granted by this legislation; and WHEREAS, the City of Carlsbad has exercised all powers granted under planning and zoning provisions of the legislature to assure proper development of all areas of the City and in particular those areas on or adjacent to the public beach and the coastline, utilizing all power granted to the City; and WHEREAS, the City of Carlsbad has continually made every effort by zoning, planning and litigation to protect the Buena Vista Lagoon as a wildlife sanctuary in that it is a unique freshwater lagoon, the only one of its kind along the coast. In addition, the City has agreed to enter into a joint powers agreemen with the City of Oceanside, which adjoins the lagoon on the north side, to fund a portion of the cost of preparing a Weir at the mouth of the lagoon and to maintain an open channel to the sea providing water level control in the lagoon and assuring flood protection by maintaining the channel open to the sea for excess waters; and I I ! 1: 21 ~ I 31 1 41 5, -1 I WHEREAS, it is the position of the legislative body of the City of Carlsbad that it should be exempt from coastline control in view of the fact that it has consistently exercised this coastline control and would in the future exercise such control by all additional powers granted to them under the provisions of any coastline legislation; 3.1; I a2 ' 13' 1' 14 151 16/ 17' 18 2oi 21 1 22/ 23/ 24 1 I I I I , 1 I i joint powers agreement to undertake regional planning; and WHEREAS, the San Diego County Comprehensive Planning Organi- zation, County Administration Center, 1600 Pacific Highway, San Diego, California, 92101, was established under said joint powers agreement executed by incorporated cities in San Diego County, the State of California, the County of San Diego, and the San Diego Unified Port District, October 3, 1966, said agreement being pursuant to Chapter 5, Title 1, Division 7, of the California Government Code, and therefore, is the legally constituted compre- hensive planning authority of San Diego County; and WHEREAS, the Comprehensive Planning Organization and its member agencies share the State Legislature's concern for appropriate use and development of the California coastline; and WHEREAS, the Comprehensive Planning Organization is engaged 1 28/ 29( 30 I 31/ 32 I I approaches to the revision of the General Plan, including full consideration of ecological variables; and WHEREAS, the member agencies of the Comprehensive Planning Organization believe that the Comprehensive Planning Organization and its staff have sufficient knowledge and resources to facilitate -2- 2! 3i I 4i 5! public and private coastline use and development projects and to advise said member agencies as to whether such proposed uses and developments are consistent with countywide planning goals, taking into consideration applicable state legislation and policy; and WHEREAS, the members of the Comprehensive Planning Organizatioti having coastline jurisdiction have long exercised their juris- I $1 91 101 12; 12 ~ 13' 14' I 151 I 161 17 18 191 I I diction in the public interest, developing and implementing plans for coastline development which have appreciably enhanced the appearance, recreation potential and preservation of the San Diego County coastline, and WHEREAS, the Comprehensive Planning Organization member agencies having coastline jurisdiction are currently involved in a great number of detailed studies and plans involving technical staff of these agencies and other interested and knowledgeable agencies and organizations, and WHEREAS, the preservation and enhancement of the coastline and coastal plan is vital to the interests of the people of the Comprehensive Planning Organization member agencies having coast- 2o line jurisdiction; 21 22i NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad that the legislature is urgently requested to 23! 241 I 25/ 26!, i 27i 28 i ''1 301 i 311 321 I exclude the City of Carlsbad from the control of the coastline and adjacent areas of the City of Carlsbad from control of any regional board, granting however, to the legislative body of the City of Carlsbad powers under the general law to exercise all control which would be given as a power to a regional board; and BE IT FURTHER RESOLVED that in the event it is determined that such legislation should not or could not exempt this area from the control of a local board that the San Diego County Compre- hensive Planning Organization be designated in any forthcoming state legislation to review local coastline development and use i 1 2 3 4 5 6 7 8 9 PO 13 3.2 14 1E 2: 2 3s the agency empowered and directed to adv se any regional board on plans and projects proposed for development on the coastline or in estuaries or waterways leading to the coastline, or in any adjacent coastal areas so that such plans and projects could be evaluated and considered in terms of regional goals and considerations. PASSED AND ADOPTED by the City Council of the City of Carlsbad, California, this 6th day of April, 1971, by the following vote: AYES: Counci ]men Dunne, McComas, castro and ~~~i~ -- City of Carlsbad, Carl s bad, Cal i ATTEST: