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HomeMy WebLinkAbout1972-10-19; City Council; Resolution 3005F 0 0 RESOLUTION NO. 3005 . 5 6 7 8 9 10 - 11 *. 12 13 14 15 16 I 17 18 3 19 20 21 22 23 24 25 26 . .27 28 29 30 31 32 A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF CARLSBAD OPPOSING PROPOSITIQN 20 ON THE NOVEMBER, 1972, BALLOT, KNOWN AS THE "CALIFORNLA COASTAL ZONE CONSERVATION ACT" WE€'SAS, Proposition 20, entitled the "California Coastal Zone Conservation Act" has qualified as an initiat,ve measure for the November, 1972, General Election; and FTf-IEaS, Proposition 20 would, if enacted, create a state cmmission and six' large subsidizry regional commissions for the purpose of drafting state and regimal master plans for che purpose not only of establishing state planning control over ocean and shoreline conservati-on matters, but. also to establish state planning control over the broad subjects of land use, transportation, recreation, pl;blic services, public utilities, population density, oil and mineral production; and WPS, the "coastal zone" within which these state- created plans would apply,as defined by the act, encompasses not only the ocean and beach and beach front property, but in addition would extend inland to the crest of the coastal mountains for most of the State and would extend five miles inland in Los Angeles, Orange and San Diego Counties; and WHEEAS, the regional commissions would be composedhalf by political appointees chosen by the Governor, the Senate Kules Comittee and the Speaker of the Assembly and half by a few selected councilmen and supervisors, none of whom would be subject to election or recall by the region-wide constituancy they would be governing; and FTHEEEAS, the State Conmission would be composed half by political appointees chosen by the Governor, the Senate Rules Committee and the Speaker of the Assembly and half by regional cornmission members from each of the six rcgionczl commissions; 0 .. 8 *. 0' 2 3 7 a 9 10 11 i2 13 14 '15 17 18 19 20 21 22 .- 23 24 25 .26 27 28 29 30 31 32 l~?l?,EPJ2AS, ?reposition 20 would for four years impose a regional cormissiori permit system ...a all citizens living wiciiin or owning property within approximately three-fifths of a mile of the ocean, a strip called the "per" area"; and IsXEREAS , regional conmission pennits would be exceeding. ly difficult to obtain under the procedures provided by Proposition 20, a fact which purposely would result in a virtual four-year moratorium on private and public improvements in the permit area; and \EEm.S the Proposition s extremely broad definition of "developments" which would not be allowed without permits includes the placement or erection of any solid material or structure, includes the discharge or disposal of any dredged material, includes the discharge or disposal of waste gas, Liquids, solids or' heat, includes grading, dredging, mining, iuLlne~al extrzcticr, end the removal of any materials, includes acts which would change the density or intensity of land use, including any division of land by lot splits, subdivision or otherwise, includes changes in the intensity of use of water, regional includes changes in the ecology of water, includes changes in access to water, and includes construction, reconstruction, demolition or alteration of the size of any private, public or utility structure, including roads, pipes, telephone lines and electrical lines ; and WHEREAS , purported exemptions from the regional conmission permit requirements are so qualified by the language of the proposition that they are largely illusory; and WHEEAS , adminiscraticn of this permit system will require the appointment of huge regional bureaucracies to cope with the great volume.of permit applications which under this act would be generated by the noma1 economic and social activities of the highly developed urban aid industrial areas -- . 2 r . I, 1 2 3 4 5 6 7 8 a9 IO 11 12 13 0 ,’ -. .. that iPe within the pennit area; and \JSIEE’W~S, neither the huge new regional staff, nor the regional coimlssion it serves, wouid have the kind of knowledge and expertise regarding local conditions and problems that a plznnhg arid pcm.it body should have; and WEREAS, planning and permit agencies which already exist in the framework of elective local government are fully capable of coordinating their activities according to any state-wide criteria or any state-wide master plan that may be developed, and stand ready to participate in the creation and administration of a system that would intelligently establish state-wide criteria and priorities as a guide to local planning and permit administration: and 20 21 22 23 24 25 .26 27 28 29 30 31 * 32 .. .- WHEREAS, ProFosition 20 is drafted in a manner that will necessarily promote extensive litigation to test its many ambiguities; and FlEEXEAS, the effect of Proposition 20 would be to make the pIanning and pennit processes less accessible to the people it would affect, and to insulate the decision makers from the . electorate; and WHEREAS, Proposition 20 would place a large portion of the City of Carlsbad under the immediate land use control of appointive state and regional commissions not familiar with tha needs of the citizens of the City of Carlsbad ; and WHEREAS, Proposition 20 would substantially curtail appropriate and necessary pub1.i~ development and redevelopment; --- - - ---I-.-I-______- _I_ --- 3 .- ' .- I 2 3 4 5 6 7 8 9 10 11 12 13 62 5 : 14 (3 a- -0-lIz 15 ;duo: 16 -IL=!kq O>J, !>QZ -wu 0 -2of1 iuou~ 17 .f*UY !I- .ww u a!- 05 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ; :. .* and WHEREAS, Proposition 20 would create a form of de fact moratorium on cotlstal economic and social activities in a manner that might result in serious social consequences; and WHEREAS, Proposition 20 would, in many instances, bar both' large and small property owners from making appropriate use of their property, but would do so without providing com- pensation for their loss, XOW, THEREFORE, the City Council of the City of arlsbad resolves as follows: Section 1. the City of Garlsbad That the members of the City Council of ._ oppose the enactment of Proposition 20 on the November, 1972, ballot, the so-called "California Coasta Zone Conservation Act", Sec, 2. That the City Council of the City of srlsbad urges that the citizens and elected representatives of the City of carlsbad City Manager and the of the City regarding Proposition 20 in such manner as will- from time to time be appropriate. - oppose said Proposition 20 and that the City Attorney act to make known the views Sec. 3. That the City Clerk be, and is hereby, authorized and directed to furnish a copy of this resolution to each of the newspapers of this City, and to forward certified copies oE this resolution to such persons as the Mayor and the City Manager-shall request, including the League of California Cities and the California Supervisor's Association. Sec. 4. The City Clerk shall certify to the passage of this resolution by the City Council of the 3plsbadsnd cause the same to be posted in three (3) conspicuous places in the City of Carlsbad effect. City of and it shall thereupon take - 2, '* 3 2 a CI 4 5 6 7 e 9 IC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 32 32 PASSED, APPROVED AND ADOPTED by the City Council of the City of adjourned Carlsbad at a/regular meeting of the City Council held on the day of October 19th , 1972, by the following vote, to wit: AYES: Mayor Dunne, Councilmen Chase and Frazee NOES: Councilman Lewis ABSENT: None ABSTAIN: Councilman McComas 5