HomeMy WebLinkAbout1988-09-07; Planning Commission; Resolution 27642
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PLANNING COMMISSION RESOLUTION NO. 2764
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT AMENDING TITLE
21 OF THE CARLSBAD MUNICIPAL CODE BY REPEALING CHAPTER 21.31, F-P FLOODPLAIN OVERLAY ZONE, AND ADDING CHAPTER 2 1.110, FLOODPLAIN MANAGEMENT REGULATIONS. APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA 88-8
WHEREAS, the Planning Commission did on the 17th day of
August, 1988 and on the 7th day of September, 1988, hold a duly
noticed public hearing as prescribed by law to consider said
request: 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of ZCA 88-8, according to
Exhibit l1Al1, dated August 17, 1988, attached hereto and made
a part hereof, based on the following findings and subject to
the following findings.
Findinss:
1. The Zone Code Amendment will establish Floodplain
Management Regulations required by the Federal Emergency
Management Agency as a condition of continued eligibility
for participation in the National Flood Insurance
Program.
2. Adoption of the ordinance is exempt from environmental
clearance provisions of the California Environmental
Quality Act under Section 15308 as it is an action by a regulatory agency for protection of the environment.
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I PASSED, APPROVED, AND ADOPTED at a regular meeting of the
lPlanning Commission of the City of Carlsbad, California, held on
the 7th day of September, 1988, by the following vote, to wit:
AYES : Chairperson McFadden, Commissioners: Marcus,
Hall, Schramm, Schlehuber & Erwin.
NOES : None.
ABSENT: Commissioner Holmes.
ABSTAIN: None.
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CARLSBAD PLANNING COMMISSION
ATTEST :
%
Planning Director
PC RES0 NO. 2674 -2-
0 0 EXHIBIT "A"
AUGUST 17,' 1988
I // ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHAPTER 21.110 TO TITLE 21 OF THE CARLSBAD MUNICIPAL 3
The City Council of the City of Carl sbad, Cal ifornia, does ordain as 5
CODE ESTABLISHING FLOODPLAIN MANAGEMENT REGULATIONS 4
CARLSBAD, CALIFORNIA, REPEALING CHAPTER 21.31 AND ADDING
6 follows:
7 SECTION 1: That Title 21, Chapter 21.110, of the Carlsbad Municipal Code
8 is added to read as follows:
9 Chapter 21.110
10 FLOODPLAIN MANAGEMENT REGULATIONS
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12 Sections:
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21.110.010
21.110.020
21.110.030 21.110.040 21.110.050 21.1110.060
21.110.070
21.110.080
21.110.090
21.110.100
21.110.110
21.110.120
21.110.130
21.110.140
21.110.150
21.110.160
21.110.170
21.110.180 21.110.190 21.110.200 21.110.210 21.110.220
21.110.230
21.110.240 21.110.250
Statutory Authorization
Findings of Fact
Statement of Purpose
Methods of Reducing F1 ood Losses
Definitions
General Provisions Basis for Establishing the Areas of Speci a1 Flood Hazard. Compl i ance Abrogation and Greater Restrictions
Interpretation
Warning and Disclaimer of Liability
Severabi 1 i ty
Special Use Permit
Designation of the Floodplain Administrator
Duties and Responsi bi 1 i ty of the F1 oodpl ain
Administrator.
Standards of Construction
Standards for Utilities
Standards for Subdivisions
Standards for Manufactured Homes F1 oodways Coastal High Hazard Areas Muds1 ide (i .e., Mudflow) -Prone Areas Flood-Re1 ated Erosion-Prone Areas
Appeal Board
Conditions for Variances
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adopt regulations designed to promote the pub1 ic health, safety, and general
65302, 65560 and 65800 which conferred upon local government units authority to 28
pursuant to the legislative authority set forth in Government Code Sections
21.110.010 Statutorv Authorization. This chapter is adopted
welfare of its citizenry.
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1 I1 A 21.110.020 Findinq of Fact.
2 (a) The flood hazard areas of City of Carl sbad are subject to periodic inundation which results in loss of life and property, health and safety
3 expenditures for flood protection and relief, and impairment of the tax base, hazards, disruption of commerce and governmental services, extraordinary public
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(b) These flood losses are caused by the cumulative effect of all of which adversely affect the pub1 ic health, safety and general welfare. 4
provisions designed: g
minimize public and private losses due to flood conditions in specific areas by chapter to promote the public health, safety and general welfare, and to 8
21.110.030 Statement of PurDose It is the purpose of this 7
damage a1 so contribute to the flood loss. that are inadequately floodproofed, elevated or otherwise protected from flood 6
velocities, and when inadequately anchored, damage uses in other areas. Uses obstructions in areas of special flood hazards which increase flood heights and
(1) To protect human 1 ife and health;
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(4) To minimize prolonged business interruptions; 12
(3) To minimize the need for rescue and relief efforts associated with 11
(2) To minimize expenditure of public money for costly flood control projects;
flooding and generally undertaken at the expense of the general public;
(5) To minimize damage to public facilities and utilities such as water
13 and gas mains, electric, telephone and sewer lines, streets and bridges located
blight areas; 15
and development of areas of special flood hazard so as to minimize future flood (6) To help maintain a stable tax base by providing for the second use 14
in areas of special flood hazard;
encourage compatible open space uses wherever possible. 18
(9) Recognize floodplain areas as potential open space resources and assume responsibility for other actions. 17
(8) To insure that those who occupy the areas of special flood hazard area of special flood hazard; and 16
(7) To insure that potenti a1 buyers are notified that property is in an
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21.110.040 Methods of Reducinq Flood Loses. In order to accompl ish its purposes, this chapter includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; (4) Controlling filling, grading dredging, and other development which may increase flood damage; and, (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
27 words and phrases have the meaning respectively ascribed to them by this 21.110.050 Definitions For the purposes of this chapter the following
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1 (1) "Appeal" means a request for a review of the Floodplain
2 Administrator's interpretation of any provision of this chapter or a request for a variance.
the Flood Insurance Rate Map (FIRM). The base flood depths range from one to
4 three feet; a clearly defined channel does not exist; the path of flooding is
to severe flood-related erosion losses. The area is designated as Zone E on the
unpredictable and inderminate; and velocity flow may be evident.
3 (2) "Area of shallow flooding" means a designated AO, AH, or VO Zone on
5 (3) "Area of special flood-re1 ated erosion hazard" is the area subject
6 F1 ood Insurance Rate Map (FIRM).
(4) "Area of special flood hazard" - See "Special flood hazard area:.
7 (5) "Area of speci a1 mudsl ide (i .e., mudflow) hazard" is the area subject to severe mudsl ides (i .e., mudflows) . The area is designated as Zone
(6) "Base flood" means the flood having a one percent chance of being
(7) "Basement" means any area of the building having its floor subgrade
10 (below ground level ) on a1 1 sides. (8) "Breakaway walls" are any type of walls, whether solid or lattice,
11 and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the
12 building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building
13 on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not
14 less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet
15 the following conditions: (A) Breakaway wall collapse shall result from a water load less
16 than that which would occur during the base flood; and (B) The elevated portion of the building shall not incur any
17 structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.
18 (9) "Coastal high hazard area" is the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is
19 designated on a Flood Insurance Rate Map (FIRM) as Zone Vl-V30, VE or V. (10) "Development" means any man-made change to improved or unimproved
20 real estate, including but not limited to buildings or other structures, mining,
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equal 1 ed or exceeded in any given year (a1 so call ed the "100-year flood"). g
M on the Flood Insurance Rate Map (FIRM).
dredging, filling, grading, paving, excavation or drilling operations.
partial or complete inundation of normally dry land areas due to: 21
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(11) "F1 ood or flooding" means a general and temporary condition of
from any source, and/or 23 (B) the unusual and rapid accumulation or runoff of surface waters (A) the overflow of flood waters,
(C) the collapse or subsidence of land along the shore of a lake or
24 other body of water as a result of erosion or cyclical levels or suddenly caused by an unusually high water level in a force of nature, such as flash flood or
25 an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.
26 (12) "Flood Boundary and Floodway Map" means the official map which the Federal Emergency Management Agency or Federal Insurance Admini stration has 27 delineated both the areas of flood hazard and floodway. (13) "Flood Insurance Rate Map (FIRM)" means the official map on which
28 the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
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(14) "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the F1 ood Boundary and F1 oodway Map, and the water surface elevation of the base fl ood.
(15) "Floodplain or Flood-prone Area" means any 1 and area susceptible to being inundated by water from any source (see definition of "flooding"). (16) "Floodplain Management" means the operation of any overall program of corrective and preventive measures of reducing flood damage, including but not 1 imi ted to emergency preparedness plans, flood control works and floodplain management regul at i ons . (17) "F1 oodpl ai n Management Regul ati ons" means zoning chapters, subdivision regulations, building codes, health regulations, special purpose chapters (such as floodplain chapter, grading chapter and erosion control
chapter) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. (18) "F1 oodproof ing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. (19) "Floodway" means the channel of a river or other watercourse and the adjacent 1 and areas that must be reserved in order to discharge the base flood without cumulatively increasing the watersurface elevation more than one foot. Also referred to as "Regulatory floodway". (20) "Functionally Dependent Use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. (21) "Highest Adjacent Grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (22) "Lowest Floor" means the 1 owest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in viol ation of the applicable non-elevation design requirements of this chapter. (23) "Manufactured Home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to other required utilities. For floodplain management purposes the term "manufactured home" a1 so includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. (24) "Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent. (25) "Mean Sea Level" means, for purposes of the National F1 ood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. (26) "New Construction" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by this community.
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1 (27) "One Hundred Year Flood" or "100-year flood" means a flood which has
2 to the "base flood", which will be the term used throughout this chapter. a one percent annual probabi 1 i ty of being equal 1 ed or exceeded. It is identical
noncompliance. Ways that impacts may be reduced include protecting the 6
regulations, or, if this is not possible, to reduce the impacts of its development into compl iance with State or local floodplain management 5
(29) "Remedy a Violation" means to bring the structure or other or its agencies or political subdivisions. 4
association or corporation, or agent of the aforementioned groups, or this state
structure or other affected development from flood damages, implementing the
7 enforcement provisions of the chapter or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure
8 or other development. (30) "Riverine" means relating to, formed by, or resembling a river
g (including tributaries), stream, brook, etc. (31) "Sand Dunes" means naturally occurring accumulations of sand in
10 ridges or mounds landward of the beach. (32) "Speci a1 Flood Hazard Area (SFHA)" means an area having special
11 flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A,
3 (28) "Person" means an individual or his agent, firm, partnership,
AO, A1-30, AE, A99, AH, VO, Vl-V30, VE or V.
the date the building permit was issued, provided the actual start of
13 construction, repair, reconstruction, placement, other improvement was within 180 days of the permit date. The actual start means either the first placement
14 of permanent construction of a structure on a site, such as the pouring of slap work beyond the stage of excavation; or the placement of a manufactured home on
15 a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of
16 streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it
17 include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwell ing units or not part of the main structure.
18 (34) "Structure" means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured
19 home. (35) "Substantial Improvement" means any repair, reconstruction, or
20 improvement of a structure, the cost of which equals or exceeds 50 percent of
12 (33) "Start of Construction'' includes substanti a1 improvement, and means
the market value of the structure either: 21 (A) before the improvement or repair is started; or (B) if the structure has been damaged, and is being restored, 22 before the damage occurred. For the purposes of this definition "substantial improvement" is 23 considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration
24 affects the external dimensions of the structure. The term does not, however, include either:
25 (A) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which 26 are solely necessary to assure safe living conditions; or (B) any alteration of a structure listed on the National Register
27 of Historic Places or a State Inventory of Historic Places. (36) "Variance" means a grant of relief from the requirements of this 28 chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
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1 (37) "Viol ation" means the fai 1 ure of a structure or other development
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A structure or other development without the elevation certificate, other to be fully compliant with the community's floodplain management regulations.
presumed to be in violation until such time as the documentation is provided. certifications, of other evidence of compliance required in this chapter is
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21.110.060 Land to Which this Chapter Applies. This chapter shall apply to a1 1 areas of special flood hazards, areas of flood-re1 ated erosion hazards and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of City of Carlsbad. When only a portion of a parcel of land lies within the areas of special flood hazards, the provisions of this chapter shall apply only to that portion lying within those areas.
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areas of special flood hazard, areas of flood-related erosion hazards and areas 21.110.070 Basis for Establ i shinq the Areas of Speci a1 F1 ood Hazard. The
April 18, 1983, as amended, with an accompanying Flood Insurance Rate Map is engineering report entitled "F1 ood Insurance Study for City of Carl sbad dated 10
Management Agency or the Federal Insurance Administration in a scientific and of mudslide (i .e., mudflow) hazards are identified by the Federal Emergency
enjoin or remedy any violations. 19
the City Council from taking such lawful action as is necessary to prevent, with conditions) shall constitute a misdemeanor. Nothing herein shall prevent 18
(including violations of conditions and safeguards established in connection the provisions of this chapter by failure to comply with any of its requirements 17
with the terms of this chapter and other applicable regulations. Violations of constructed, located, extended, converted, or altered without full compliance 16
21.110.080 Compliance. No structure or land shall hereafter be 15
amended, for the City of Carlsbad shall be referenced on the City Zoning Map. Speci a1 F1 ood Hazard Areas indicated on F1 ood Insurance Rate Maps, as 14
recommended to the City Council by the Floodplain Administrator. for other areas which allow implementation of this chapter and which are 13
minimum area of appl icabil i ty of this chapter and may be supplemented by studies Palmas Drive, Carlsbad, California, 92009. This Flood Insurance Study is the 12
Flood Insurance Study is on file at the Office of the City Engineer, 2075 Las hereby adopted by reference and declared to be a part of this chapter. This 11
20 21.110.090 Abroqation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants,
21 easement, covenant, or deed restriction conflict or overlap, whichever imposes or deed restrictions. However, where this chapter and another chapter,
22 the more stringent restrictions shall prevail .
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21.110.100 Interpretation. In the interpretation and application of
(1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and, (3) Deemed neither to limit nor repeal any other powers granted under
this chapter, all provisions shall be:
~ state statues.
21.110.110 Warninq and Disclaimer of Liabilitv. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards, areas of fl ood-re1 ated erosion hazards and areas
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of mudslide (i.e., mudflow) hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create 1 iabil i ty on the part of City of Carlsbad, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
21.110.120 Severability. This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.
21.110.130 Soecial Use Permit A Special Use Permit shall be obtained in addition to any other required permits or entitlements before construction or development begins within any area of special flood hazards, areas of flood- related erosion hazards or areas of muds1 ide (i .e., mudflow) establ ished in Section 21.110.070. The filing fees for a special use permit shall be in an amount as the City Council may by resolution establish. Application for a Special Use Permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in questions; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
(1) Proposed elevation in re1 ation to mean sea 1 eve1 , of the lowest floor (including basement) of all structures; in Zone A0 or VO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures. (2) Proposed elevation in relation to mean sea level to which any structure will be floodproofed; (3) All appropriate certifications listed in Section 21.110.150(D) of this chapter; and
(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; (5) Environmental impact assessment (one copy only) ;
(6) Environmental impact report (twenty copies), if required.
21.110.140 Desiqnation of the Floodplain Administrator. The Planning Commission is hereby appointed to administer and implement this chapter by granting or denying special use permits in accordance with its provisions and upon the advice of the City Engineer.
21.110.150 Duties and Responsibilities of the FloodPlain Administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to: (1) Permit Review. (A) Review all special use permits to determine that the permit
(E) A1 1 other required state and federal permits have been
(C) The site is reasonably safe from flooding.
(D) The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point.
requirements of this chapter have been satisfied;
obtained;
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(2) Use of Other Base F1 ood Data. When base flood elevation data has not been provided in accordance with Section 21.110.070, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway date available from a Federal, State or other source, in order to administer Sections 21.110.160 through 21.110.230. Any such information shall be submitted to the City Council for adoption. (3) Whenever a watercourse is to be a1 tered to re1 ocated: (A) Notify adjacent communities and the California Department of Water Resources prior to such a1 terations of relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; (B) Require that the flood carrying capacity of the altered or relocated portion of said water course is maintained. (4) Obtain and maintain for public inspection and make available as needed: (A) the certification required in Section 2 1.110.160(3)(A) (floor el evati ons) ; (B) the certification required in Section 21.110.160(3)(B) (elevations in areas of shallow flooding); (C) the certification required in Section 21.110.160(3) (C) (elevations or floodproofing of nonresidential structures);
(D) the certification required in Section 21.110.160(3)(D) (wet floodproofing standard) ; (E) the certified elevation required in Section 21.110.180(b) (subdivision standards); (F) the certification required in Section 21.110.200(1) (floodway encroachments) ; (G) the information required in Section 21.110.210(6) (coastal construction standards; and
(H) the reports required in Section 21.110.220(d) (mudflow standards). (5) Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards, areas of flood-re1 ated erosion hazards or areas of muds1 ide (i .e. , mudflow) for example, where there appears to be a confl ict between a mapped boundary and actual field conditions) . The person contesting the locations of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Sections 21.110.240 and 21.110.250. (6) Take action to remedy violations of this chapter as specified in Section 21.110.080 herein.
21.110.160 Standards of Construction In all areas of special flood
(1) "Anchoring" hazards the following standards are required:
(A) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (B) All manufactured homes shall meet the anchoring standards of Section 21.110.190. (2) Construction Materials and Methods. (A) All new construction and substantial improvements shall be
(B) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
constructed using methods and practices that minimize flood damage.
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1 (C) All new construction and substantial improvements shall be
2 constructed with electrical, heating, ventilation, plumbing and air conditioning
conditions of flooding. to prevent water from entering or accumulating within the components during 3
equipment and other service facilities that are designed and/or located so as
around structures on slopes to guide flood waters around and away from proposed 4 (D) Require with Zones AH, A0 or WO, adequate drainage paths
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engineer or surveyor, or verified by the City building inspector to be properly lowest floor including basement shall be certified by a registered professional 8
21.110.160(3)(C). Upon the completion of the structure the elevation of the flood elevation. Nonresidential structures may meet the standards in Section 7
shall have the lowest floor, including basement, elevated to or above the base (A) New construction and substantial improvement of any structure 6
structures.
architect that the standards of this subsection are satisfied. Such 19
(iii) be certified by a registered professional engineer or hydrostatic and hydrodynamic loads and effects of buoyancy; and 18
(ii) have structural components capable of resisting water; 17
structure is watertight with walls substantially impermeable to the passage of (i) be floodproofed so that below the base flood level the 16
attendant utility and sanitary facilities: conformance with Section 21.110.160(3)(A) or 21.110.160(3)(B). or together with 15
(C) Nonresidential construction shall either be elevated in certification or verification shall be provided to the Floodplain Administrator. 14
or verified by the City building inspector to be properly elevated. Such basement shall be certified by a registered professional engineer or surveyor, 13
Upon completion of the structure the elevation of the lowest floor including Nonresidential structures may meet the standards in Section 21.110.160(3)(C). 12
feet on the FIRM, or at least two feet if no depth number is specified. the highest adjacent grade at least as high as the depth number specified in 11
in Zone A0 or VO shall have the 1 owest floor, including basement, elevated above
F1 oodpl ai n Admi ni strator. elevated. Such certification or verification shall be provided to the 9
(3) "El evati on and F1 oodproof i ngN
10 (B) New construction and substantial improvement of any structure
certifications shall be provided to the Floodplain Administrator.
improvements, that fully enclosed areas below the lowest floor that are subject
21 to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs
22 for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum
23 criteria: (i) Either a minimum of two openings having a total net area
24 of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher
25 than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic
26 entry and exit of floodwaters; or (ii ) Be certified to comply with a local floodproofing
27 standard approved by the Federal Insurance Administration. (E) Manufactured homes shall also meet the standards in Section
20 (D) Require, for all new construction and substantial
28 21.110.190.
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.. /I l. 21.110.170 Standards for Utilities
2 (a) All new and repl acement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the
(b) On-site waste disposal systems shall be located to avoid impairment
21.110.180 Standards for Subdivisions.
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to them or contamination from them during flooding. 4
system and discharge from systems into flood waters.
5 (a) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.
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such as sewer, gas, electrical and water systems located and constructed to
minimize flood damage. (c) All subdivision proposals shall be consistent with the need to 8
surveyor and provided to the Floodplain Admini strator. pad elevation shall be certified by a registered professional engineer or 7
structure(s) and pads. If the site is filled above the base flood, the final (b) All final subdivision plans will provide the elevation of proposed
(e) All subdivisions shall provide adequate drainage to reduce exposure
9 (d) All subdivision proposals shall have public utilities and facilities
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minimize flood damage.
to flood hazards.
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21.110.190 Standards for Manufactured Homes. All new and repl acement
(1) Be elevated so that the lowest floor is at or above the base flood
(2) Be securely anchored to a permanent foundation system to resist
manufactured homes and additions to manufactured homes shall :
el evat i on ; and
flotation, coll apse or 1 ateral movement.
21.110.200 Floodways. Located within areas of special flood hazard established in Section 21.110.070 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply; (1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge (2) If Section 21.110.200(1) is satisfied, all new construction and substantial improvements shall comply with all other appl icable flood hazard reduction provisions of Sections 21.110.160 through 21.110.230.
21.110.210 Coastal Hiqh Hazard Areas. Within coastal high hazard areas established in Section 21.110.070, the following standards shall apply: (1) All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base fl ood el evat i on. (2) All new construction shall be located on the landward side of the reach of mean high tide. (3) All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls. Such temporarily enclosed space shall not be used for human habitation. (4) Fill shall not be used for structural support of buildings.
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(5) Man-made alteration of sand dunes which would increase potential flood damage is prohibited. (6) The Floodplain Administrator shall obtain and maintain the following records : (A) Certification by a registered engineer or architect that a proposed structure complies with Section 21.110.210(1). (B) The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.
21.110.220 Mudslide (i.e.. Mudflow)-Prone Areas. (a) The Floodplain Administrator shall review permits for proposed construction or other development to determine if it is proposed within a mudsl ide area. (b) Permits shall be reviewed to determine that the proposed development is reasonably safe from mudslide hazards. Factors to be considered in making this determination include but are not limited to: (1) The type and quality of soils; (2) Evidence of ground water or surface water problems; (3) The depth and qual i ty of any fi 11 ; (4) The overall slope of the site; and
(5) The weight that any proposed development will impose on the
(c) Within areas which have mudslide hazards, the following requirements
aPP1 Y : (1) A site investigation and further review shall be made by persons qualified in geology and soils engineering; (2) The proposed grading, excavation , new construction and substantial improvements shall be adequately designed and protected against mudsl ide damages; (3) The proposed grading, excavations , new construction and substantial improvements do not aggravate the existing hazard by creating either on-site or off-site disturbances; and
(4) Drainage, planting, watering and maintenance shall not endanger sl ope stabi 1 i ty. (d) Within Zone M on the Flood Insurance Rate Map, the community shall adopt a drainage chapter which at least complies with the standards of Sections
7001 through 7006 and Sections 7008 through 7015 of the most recent amendment of the 1982 Uniform Building Code:
(1) The location of foundation and utility systems of new construction and substantial improvements; (2) The location, drainage and maintenance of all excavations, cuts and fills and planted slopes; (3) Protective measures including but not limited to retaining walls, buttress fills, subdrains, diverter terraces, benchings, etc.; and (4) Engineering drawings and specifications to be submitted for a1 1 corrective measures , accompanied by supporting soi 1 s engineering and geology reports.
sl ope.
21.110.230 Flood-Related Erosion-Prone Areas. (a) The Floodplain Administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas as known to the community . (b) Such permits shall be reviewed to determine whether the proposed site a1 terations and improvements will be reasonably safe from flood-related
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1 erosion and will not cause flood-related erosion hazards or otherwise aggravate
2 the existing hazard.
water to create a safety buffer consisting of a natural vegetative or contour for all new development from the ocean, lake, bay, riverfront or other body of 5
(d) Within Zone E on the Flood Insurance Rate Map, a setback is required the existing erosion hazard. 4
relocated or adequate protective measures shall be taken to avoid aggravating related erosion or would increase the erosion hazard, such improvement shall be 3
(c) If a proposed improvement is found to be in the path of flood-
6 strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated "useful life" of
7 structures, and depending upon the geologic, hydrologic, topographic and climatic characteristics of the land. The buffer may be used for suitable open
8 space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable
g structures only.
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21.110.240 Ameals (a) The Floodplain Administrator shall announce its decision and findings by resolution to the applicant and the resolution shall recite, among other things, the facts and reasons which, in the opinion of the Floodplain Administrator, make the granting or denial or a special use permit, variance, or other entitlement under this chapter necessary to carry out the provisions and general purposes of this title and shall order that the special use permit, variance or other entitlement be granted or denied, and if such resolution orders that the special use permit, variance or other entitlement be granted, it shall also notice such conditions and limitations as the Floodplain Administrator may impose. (b) The order of the Floodplain Administrator in granting or denying a special use permit, variance or other entitlement shall become final and effective ten days after the rendering of this decision, unless within such ten day period, an appeal in writing is filed with the City Council by either an applicant or an opponent. The filing of such an appeal within such time limit shall stay the effective date of the order of the Floodplain Administrator until such time as a final decision on the appeal is reached. Appeals shall be processed according to Chapter 21.50 of this title. In passing upon appeals and requests for variances from the requirements of this chapter, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
(1) the danger that materials may be swept onto other lands to the injury of others;
(2) the danger of life and property due to flooding or erosion damage ; (3) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) the importance of the services provided by the proposed facility to the community; (5) the necessity to the facility of a waterfront location, where appl i cab1 e; (6) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(7) the compatibility of the proposed use with existing and anticipated development;
(8) the relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
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1 (9) the safety of access to the property in time of flood for
2 ordinary and emergency vehicles;
sediment transport of the flood waters expected at the site; and, 3
(10) the expected heights, velocity, duration, rate of rise, and
(11) the costs of providing governmental services during and after
4 flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and
5 bridges. (c) Generally, variances may be issued for new construction and
6 substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below
7 the base flood level, providing items in 21.110.240(b) have been fully considered. As the lot size increases beyond one-half acre, the technical
8 justification required for issuing the variance increases. (d) Upon consideration of the factors of Section 21.110.240(b) and the
g purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this
10 chapter. (e) The Floodplain Administrator shall maintain the records of all
11 appeal actions and report any variances to the Federal Insurance Administration
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13 (a) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or
14 the State Inventory of Historic P1 aces, without regard to the procedures set forth in the remainder of this section.
15 (b) Variances shall not be issued within any designated floodway if any increase in flood 1 eve1 s during the base flood discharge would result .
16 (c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford
17 relief.
18 (1) a showing of good and sufficient cause; (2) a determination that failure to grant the variance would
19 result in exceptional hardship to the applicant; and (3) a determination that the granting of a variance will not
20 result in increased flood heights, additional threats to pub1 ic safety, extraordinary public expense, create nuisances, cause fraud on or victimization
21 of, the public, or conflict with existing local laws or chapters. (e) Variances may be issued for new construction and substantial
22 improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 23 21.110.250(a) through 21.110.250(d) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the 24 base flood and create no additional threats to public safety. (f) Any applicant to whom a variance is granted shall be given written
25 notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood 26 insurance will be commensurate with the increased risks resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the
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upon request.
21.110.250 Conditions for Variances
(d) Variances shall only be issued upon:
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Floodplain Administrator in the Office of the San Diego County Recorder and
shall be recorded in a manner so that it appears in the chain of title of the
affected parcel of land.
SECTION 2: That Title 21, Chapter 21.31 of the Carlsbad Municipal Code
i s repealed.
EFFECTIVE DATE: This chapter shall be effective thirty (30) days after
its adoption, and the City Clerk shall certify to the adoption of this chapter
and cause it to be pub1 ished at least once in the Carlsbad Journal within
fifteen (15) days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Counci 1 held on the day of , 1988, and thereafter,
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the day of , 1988 by the
following vote, to wit:
AYES:
NOES :
ABSENT :
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk (SEAL)
APPROVED AS TO FROM AND LEGALITY:
VINCENT F. BIONDO, JR., City Attorney
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