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HomeMy WebLinkAbout2003-05-07; Planning Commission; Resolution 51591 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. 5159 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO UPDATE THE CITY'S FLOODPLAIN MANAGEMENT REGULATIONS. CASE NAME: FLOODPLAIN REGULATIONS REVISIONS CASE NO: ZCA 0 1-04 WHEREAS, the Planning Director has prepared a proposed Zone Code Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to: update the City's floodplain management regulations and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit "X" dated, May 7, 2003, and attached hereto FLOODPLAIN REGULATIONS REVISIONS - ZCA 01-04; and WHEREAS, the Planning Commission did on the 7th day of May, 2003, 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; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of FLOODPLAIN REGULATIONS REVISIONS - ZCA 01-04, based on the following findings: Findinps : 1. That the proposed Zone Code Amendment ZCA 01-04 is consistent with the General Plan in that the proposed zoning text revisions will ensure continued implementation of the General Plan Public Safety Element Goal of minimizing injury, loss of life and damage to property resulting from flood. 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 2E 2. That the proposed ZCA reflects sound principles of good planning. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 7th day of May, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None Chairperson COMMISSION ATTEST: Planning Director PC RES0 NO. 5 159 -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 EXH I B IT "X" May 7,2003 ZCA 01-04 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE FLOODPLAIN MANAGEMENT REGULATIONS (CHAPTER 21.1 10 OF THE CARLSBAD MUNICIPAL CODE) BY THE AMENDMENT OF VARIOUS SECTIONS TO INCORPORATE UPDATED WORDING. CASE NAME: FLOODPLAIN REGULATIONS REVISIONS CASE NO.: ZCA 01-04 The City Council of the City of Carlsbad does ordain as follows: SECTION 1 : That Title 21, Chapter 21.1 10 of the Carlsbad Municipal Code is amended by the amendment of Section 21 .I 10.050(22) to read as follows: "21 .I 10.050 Definitions. (22) "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition). A. An unfinished or flood-resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to: (1) the anchoring standards in Section 21.1 10.160(1) (2) the construction materials and methods standards in Section 21.1 10.160(2) (3) the wet flood proofing standard in Section 21.1 IO. 160(3) (4) the standards for utilities in Section 21 .I 10.1 70." SECTION 2: That Title 21, Chapter 21 .I 10 of the Carlsbad Municipal Code is amended by the amendment of Section 21 .I 10.050(35) to read as follows: "21 .I 10.050 Definitions. (35) "Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage, regardless of the actual repair work performed. The term does not, however, include either: (A) Any project for improvement of a structure to correct existing violations or state or local health, sanitary or safety code specifications which have been identified by the applicable code enforcement officials and which are the minimum necessary to assure safe living conditions; or (B) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure"." SECTION 3: That Title 21, Chapter 21 .I 10 of the Carlsbad Municipal Code is amended by the amendment of Section 21 .I 10.070 to read as follows: "21.1 10.070 Basis for establishing the areas of special flood hazard. 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 The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the San Diego County and incorporated areas Flood Insurance Study (FIS), dated June 19, 1997, and accompanying Flood Insurance Rate Map (FIRM), dated June 19, 1997, and all subsequent amendments and/or revisions are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas that allow implementation of this ordinance and are recommended to the City Council by the Floodplain Administrator. The FIS and FIRM are on file in the office of the City Engineer in Carlsbad, California, 92008." SECTION 4: Title 21, Chapter 21.1 10 of the Carlsbad Municipal Code is amended by the amendment of Section 21.1 10.240(e) to read as follows: "21 .I 10.240 Appeals. (e) The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency." SECTION 5: Title 21, Chapter 21.110 of the Carlsbad Municipal Code is amended by the amendment of Section 21.1 10.250(f) to read as follows: "21.1 10.250 Conditions for variances. (f) Any applicant to whom a variance is granted shall be given written notice over the signature of the Deputy Public Works Director - Engineering Services that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $200 of insurance coverage with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the 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." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation the City of Carlsbad within fifteen days after its adoption. Notwithstanding the preceding, this ordinance amendment effectuates a Local Coastal Program Amendment, and shall not be effective in the Coastal Zone until it is approved by the California Coastal Commission. //I -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 INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad City Council on the day of 2003, and thereafter. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council 2003, by of the City of Carlsbad, California, held on the the following vote, to wit: day of AYES: NOES: ABSENT: ABSTAl N: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -3-