HomeMy WebLinkAbout2003-05-07; Planning Commission; Resolution 51601
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. 5160
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE TEXT OF THE
CARLSBAD LOCAL COASTAL PROGRAM TO BRING THE
DESIGNATIONS ON THE LOCAL COASTAL PROGRAM,
MANCE ON PROPERTY LOCATED CITYWIDE
CASE NAME: FLOODPLAIN REGULATIONS REVISIONS
GENERAL PLAN, AND ZONING MAP INTO CONFOR-
CASE NO: LCPA 02-01
WHEREAS, California State law requires that the Local Coastal Program,
General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and
WHEREAS, the City of Carlsbad, “Developer,” has filed a verified application
for an amendment to the Local Coastal Program designations regarding property owned by
various owners, “Owner”, described as
Citywide
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit “Y” dated May 7, 2003, attached hereto, as
provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2,
Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal
Commission Administrative Regulations; 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 Local Coastal Program Amendment.
WHEREAS, State Coastal Guidelines requires a six week public review period
for any amendment to the Local Coastal Program.
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
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, starting on May 16,
2002, and ending on June 27, 2002, 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 REGULATIONS
REVISIONS - LCPA 02-01 based on the following findings, and subject to the
following conditions:
1.
2.
...
...
...
...
...
...
...
...
...
...
That the proposed Local Coastal Program Amendment meets the requirements of, and is
in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
of the Mello I, Mello 11, Agua Hedionda, Village Redevelopment Area, East
Batiquitos Lagoon, and West Batiquitos Lagoon segments of the Carlsbad Local
Coastal Program in that the proposed text changes are not in conflict with any
adopted Coastal Program regulations or land use policies.
That the proposed amendment to the Mello I, Mello 11, Agua Hedionda, Village
Redevelopment Area, East Batiquitos Lagoon, and West Batiquitos Lagoon
segments of the Carlsbad Local Coastal Program is required to bring it into consistency
with the City's Floodplain Management Regulations (Chapter 21.110 of the
Carlsbad Municipal Code).
PC RES0 NO. 5160 -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
PASSED, APPROVED AND ADOPTED at a regular meeting to 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
&& R, Chairperson WAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5 160 -3-
LCPA POLICY
EXHIBIT "Y"
May 7,2003
LCPA 02-01
This exhibit includes the proposed text amendment (strikeouthighlight format) to the
Mello I, Mello 11, Agua Hedionda, Village Redevelopment Area, East Batiquitos Lagoon,
and West Batiquitos Lagoon segments of the Local Coastal Program.
Chapter 2 1.1 10 FLOODPLAIN MANAGEMENT REGULATIONS
21.1 10.010 Statutory authorization.
This chapter is adopted pursuant to the legislative authority set forth in Government Code
Sections 65302,65560 and 65800 which conferred upon local government units authority
to adopt regulations designed to promote the public health, safety and general welfare of
its citizenry.
2 1.1 10.020 Findings of fact.
(a) The flood hazard areas of the city are subject to periodic inundation which results in
loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the public health, safety and
general welfare.
(b) These flood losses are caused by the cumulative effect of obstructions in areas of
special flood hazards which increase flood heights and velocities, and when inadequately
anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated
or otherwise protected from flood damage also contribute to the flood loss.
21.1 10.030 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety and general welfare,
and to minimize public and private losses due to flood conditions in specific areas by
provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood-control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in areas of special flood
hazard;
(6) To help maintain a stable tax base by providing for the second use and development
of areas of special flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood
hazard;
(8) To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions; and
1
(9) Recognize floodplain areas as potential open space resources and encourage
compatible open space uses wherever possible.
2 1.1 10.040 Methods of reducing flood losses.
In order to accomplish 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 floodwaters;
(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 floodwaters or which may increase flood hazards in other areas.
2 1.1 10.050 Definitions.
For the purposes of this chapter, the following words and phrases have the meaning
respectively ascribed to them by this section:
(1) "Appeal" means a request for a review of the floodplain administrator's interpretation
of any provision of this chapter or a request for a variance.
(2) "Area of shallow flooding" means a designated AO, AH or VO zone on the Flood
Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a
clearly defined channel does not exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident.
(3) "Area of special flood-related erosion hazard" means the area subject to severe flood-
related erosion losses. The area is designated as zone E on the Flood Insurance Rate Map
(4) Area of Special Flood Hazard. See "Special flood hazard area."
(5) "Area of special mudslide @e., mudflow) hazard" means the area subject to severe
mudslides (Le., mudflows). The area is designated as zone M on the Flood Insurance Rate
(6) "Base flood" means the flood having a one percent chance of being equaled or
exceeded in any given year (also called the one-hundred-year flood).
(7) "Basement" means any area of the building having its floor subgrade (below ground
level) on all sides.
(8) "Breakaway walls" means any type of walls, whether solid or lattice, 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 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 on which they are used or any buildings to which
they might be carried by floodwaters. A breakaway wall shall have a safe design loading
resistance of not less than ten and no more than twenty pounds per square foot. Use of
(FIRM).
Map (FIRM).
2
breakaway walls must be certified by a registered engineer or architect and shall meet the
following conditions:
(A) Breakaway wall collapse shall result from a water load less than that which would
occur during the base flood; and
(B) The elevated portion of the building shall not incur any structural damage due to the
effects of wind and water loads acting simultaneously in the event of the base flood.
(9) "Coastal high hazard area" means the area subject to high velocity waters, including
coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance
Rate Map (FIRM) as zone V1-30, VE or V.
(10) "Development" means any manmade change to improved or unimproved real estate
including, but not limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations.
(11) "Flood" or "flooding" means a general and temporary condition of partial or
complete inundation of normally dry land areas due to:
(A) The overflow of floodwaters,
(B) The unusual and rapid accumulation or runoff of surface waters from any source,
and/or
(C) The collapse or subsidence of land along the shore of a lake or other body of water as
a result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a
natural body of water, accompanied by a severe storm, or by an unanticipated force of
nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and
unforeseeable event which results in flooding as defined in this definition.
(12) "Flood Boundary and Floodway Map" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated
both the areas of flood hazard and the floodway.
(13) "Flood Insurance Rate Map (FIRM)" means the official map on which 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.
(14) "Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway
Map, and the water surface elevation of the base flood.
(1 5) "Floodplain" or "flood-prone area" means any land area susceptible to being
inundated by water from any source. See definition of flooding.
(16) "Floodplain management" means the operation of an overall program of corrective
and preventive measures of reducing flood damage including, but not limited to,
emergency preparedness plans, flood control works and floodplain management
regulations.
(1 7) "Floodplain management regulations" 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.
3
(1 8) "Flood proofing" 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 land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface 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 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 21.110.160(1);
(2) the construction materials and methods standards in Section 21.110.160(2);
(3) the wet flood proofing standard in Section 21.1 10.160(3); or
(4) the standards for utilities in Section 21.1 10.170.
(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 the required utilities. For floodplain management
purposes, the term "manufactured home" also includes park trailers, travel trailers and
other similar vehicles placed on a site for greater than one hundred eighty 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 Flood 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 the community.
(27) "One-hundred-year flood'' or "100-year flood" means a flood which has a one
percent annual probability of being equaled or exceeded. It is identical to the base flood,
which will be the term used throughout this chapter.
(28) "Person" means an individual or his agent, firm, partnership, association or
corporation, or agent of the aforementioned groups, or this state or its agencies or
political subdivisions.
4
(29) "Remedy a violation" means to bring the structure or other development into
compliance with state or local floodplain management regulations, or, if this is not
possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced
include protecting the structure or other affected development from flood damages,
implementing the enforcement provisions of the ordinance or otherwise deterring future
similar violations, or reducing federal financial exposure with regard to the structure or
other development.
(30) "Riverine" means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
(31) "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
(32) "Special flood hazard area (SFHA)" means an area having special flood or flood-
related erosion hazards, and shown on an FHBM or FIRM as zone A, AO, A1-30, AE,
A99, AH, VO, V1-30, VE or V.
(33) "Start of construction" means and includes substantial improvement, and means the
date the building permit was issued, provided the actual start of construction, repair,
reconstruction, placement or other improvement was within one hundred eighty days of
the permit date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings, the
installations of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling; nor
does it include the installation of streets and/or walkways; nor does it include excavation
for a basement, footing, piers or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings, such as garages or sheds
not occupied as dwelling units or not part of the main structure.
(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 home.
(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 an "historic structure," provided that the alteration will not preclude
the structurek continued designation as an "historic structure."
(36) "Variance" means a grant of relief fi-om the requirements of this chapter, which
permits construction in a manner that would otherwise be prohibited by this chapter.
(37) "Violation" means the failure of a structure or other development to be hlly
compliant with the community's floodplain management regulations. A structure or other
development without the elevation certificate, other certifications, or other evidence of
5
compliance required in this chapter is presumed to be in violation until such time as that
documentation is provided.
21.1 10.060 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards, areas of flood-related
erosion hazards and areas of mudslide (Le., mudflow) hazards within the jurisdiction of
the city. 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.
21.1 10.070 Basis for establishing the areas of special flood hazard.
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 andor 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.
21.1 10.080 Compliance.
No structure or land shall hereafter be constructed, located, extended, converted or
altered without full compliance with the terms of this chapter and other applicable
regulations. Violations of the provisions of this chapter by failure to comply with any of
its requirements (including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Nothing in this chapter shall
prevent the city from taking such lawful action as is necessary to prevent, enjoin or
remedy any violation.
21.1 10.090 Abrogation and greater regulations.
This chapter is not intended to repeal, abrogate or impair any existing easements,
covenants or deed restrictions. However, where this chapter and other chapter, easement,
covenant or deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
2 1.1 10.100 Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
6
C. Deemed neither to limit nor repeal any other powers granted under state statutes.
21.1 10.1 10 Warning and disclaimer of liability.
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 manmade
or natural causes. This chapter does not imply that land outside the areas of special flood
hazards, areas of flood-related erosion hazards and areas of mudslide (Le., mudflow)
hazards or uses permitted within such areas will be free from flooding or flood damages.
This chapter shall not create liability on the part of the city, any officer or employee
thereof, or the Federal Insurance Administration, for any flood damages that result fiom
reliance on this chapter or any administrative decision lawfully made thereunder.
2 1.1 10.120 Severability.
This chapter and the various parts thereof are declared to be severable. Should any
section of this chapter be declared by the cows to be unconstitutional or invalid, such
decision shall not affect the validity of the ordinance as a whole, or any portion thereof
other than the section so declared to be unconstitutional or invalid.
21.110.130 Special 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 mudslide (Le., mudflow)
hazards established in Section 21.1 10.070. The filing fees for a special use permit shall
be in an amount as the city council may by resolution establish. Applications 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 question; 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 relation to mean sea level, 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 flood
proofed;
(3) All appropriate certifications listed in Section 21.1 lO.l50(D) of this chapter;
(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); and
(6) Environmental impact report (twenty copies), if required.
21.1 10.140 Designation of floodplain administrator.
7
The planning commission is 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.
21.1 10.150 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 requirements of this
chapter have been satisfied;
(B) All other required state and federal permits have been obtained;
(C) The site is reasonably safe from flooding;
@) 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.
(2) Use of Other Base Flood Data. When base flood elevation data has not been provided
in accordance with Section 21.1 10.070, the floodplain administrator shall obtain, review
and reasonably utilize any base flood elevation and floodway data available from a
federal, state or other source, in order to administer Sections 21.110.160 through
21.1 10.230 of this chapter. Any such information shall be submitted to the city council
for adopt ion.
(3) Whenever a watercourse is to be altered or relocated:
(A) Notify adjacent communities and the California Department of Water Resources
prior to the alteration or 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 such
watercourse is maintained.
(4) Obtain and maintain for public inspection and make available as needed:
(A) The certification required in Section 21.1 lO.l60(3)(A), floor elevations;
(B) The certification required in Section 21.110.160(3)(B), elevations in areas of shallow
flooding;
(C) The certification required in Section 21.1 lO.l60(3)(C), elevations or flood proofing
of nonresidential structures;
(D) The certification required in Section 21.1 10.160(3)(D), wet flood proofing standard;
(E) The certified elevation required in Section 2 1.1 10.180(b), subdivision standards;
(F) The certification required in Section 21.1 10.200( l), floodway encroachments;
(G) The information required in Section 21.1 10.21 0(6), coastal construction; and
(H) The reports required in Section 21.1 10.220(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 special flood-related erosion hazards or areas of
mudslide (i.e., mudflow) hazards, for example, where there appears to be a conflict
8
between a mapped boundary and actual field conditions. The person contesting the
location of the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in Sections 2 1.1 10.240 and 21.1 10.250 of this chapter.
(6) Take action to remedy violations of this chapter as specified in Section 21.1 10.080 of
this chapter.
2 1.1 10.160 Standards of construction.
In all areas of special flood hazards the following standards are required:
(1) Anchoring.
(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 21.1 10.190.
(2) Construction Materials and Methods.
(A) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
(B) All new construction and Substantial improvements shall be constructed using
methods and practices that minimize flood damage.
(C) All new construction and substantial improvements shall be constructed with
electrical, heating, ventilation, plumbing and air conditioning equipment and other
service facilities that are designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
(D) Require within zones AH, A0 or VO, adequate drainage paths around structures on
slopes to guide floodwaters around and away from proposed structures.
(3) Elevation and Flood proofing.
(A) New construction and Substantial improvement of any structure shall have the lowest
floor, including basement, elevated to or above the base floor elevation. Nonresidential
structures may meet the standards in subsection (3)(C) of this section. Upon the
completion of the structure the elevation of the lowest floor including basement shall be
certified by a registered professional engineer or surveyor, or verified by the city building
inspector to be properly elevated. Such certification or verification shall be provided to
the floodplain administrator.
(B) New construction and substantial improvement of any structure in Zone A0 or VO
shall have the lowest floor, including basement, elevated above the highest adjacent grade
at least as high as the depth number specified in feet on the FIRM, or at least two feet if
no depth number is specified. Nonresidential structures may meet the standards in
subsection (3)(C) of this section. Upon completion of the structure the elevation of the
lowest floor including basement shall be certified by a registered professional engineer or
surveyor, or verified by the city building inspector to be properly elevated. Such
certification or verification shall be provided to the floodplain administrator.
(C) Nonresidential construction shall either be elevated in conformance with subsection
(3)(A) or (3)(B) of this section or together with attendant utility and sanitary facilities:
(i) Be flood proofed so that below the base flood level the structure is watertight with
walls substantially impermeable to the passage of water;
9
(ii) Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy; and
(iii) Be certified by a registered professional engineer or architect that the standards of
this subsection are satisfied. Such certifications shall be provided to the floodplain
administrator.
(D) Require, for all new construction and substantial improvements, that fully enclosed
areas below the lowest floor that are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry
and exit of floodwaters. Designs for meeting this requirement must either be certified by
a registered professional engineer or architect or meet or exceed the following minimum
criteria:
(i) Either a minimum of two openings having a total net area 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 than one foot above grade. Openings may be
equipped with screens, louvers, valves or other coverings or devices; provided, that they
permit the automatic entry and exit of floodwaters; or
(ii) Be certified to comply with a local flood proofing standard approved by the Federal
Insurance Administration.
(E) Manufactured homes shall also meet the standards in Section 21.110.190 of this
chapter.
21.1 10.170 Standards for utilities.
(a) All new and replacement water supply and sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system and discharge from
systems into floodwaters.
(b) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
2 1.1 10.180 Standards for subdivisions.
(a) All preliminary subdivision proposals shall identify the flood hazard area and the
elevation of the base flood.
(b) All final subdivision plans will provide the elevation of proposed structure(s) and
pads. If the site is filled above the base flood, the final pad elevation shall be certified by
a registered professional engineer or surveyor and provided to the floodplain
administrator.
(c) All subdivision proposals shall be consistent with the need to minimize flood damage.
(d) All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage.
(e) All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
2 1.1 10.190 Standards for manufactured homes.
All new and replacement manufactured homes and additions to manufactured homes
shall:
10
(1) Be elevated so that the lowest floor is at or above the base flood elevation; and
(2) Be securely anchored to a permanent foundation system to resist flotation, collapse or
lateral movement.
2 1.1 10.200 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 floodwaters 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 subsection 1 of this section is satisfied, all new construction and substantial
improvements shall comply with all other applicable flood hazard reduction provisions of
Sections 21.110.160 through 21.110.230 ofthis chapter.
21.1 10.210 Coastal high 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 flood elevation.
(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.
(5) Manmade alterations 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.
21.1 10.220 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 mudslide area.
11
(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 groundwater or surface water problems;
(3) The depth and quality of any fill;
(4) The overall slope of the site; and
(5) The weight that any proposed development will impose on the slope.
(c) Within areas that have mudslide hazards, the following requirements apply:
(1) A site investigation and further review shall be made by a person qualified in geology
and soils engineering;
(2) The proposed grading, excavation, new construction and substantial improvements
shall be adequately designed and protected against mudslide 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 slope stability.
(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 Section 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 all corrective measures,
accompanied by supporting soils engineering and geology reports.
21.1 10.230 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 alterations and
improvements will be reasonably safe from flood-related erosion and will not cause
flood-related erosion hazards or otherwise aggravate the existing hazard.
(c) If a proposed improvement is found to be in the path of flood-related erosion or would
increase the erosion hazard, such improvement shall be relocated or adequate protective
measures shall be taken to avoid aggravating the existing erosion hazard.
(d) Within zone E on the Flood Insurance Rate Map, a setback is required for all new
development from the ocean, lake, bay, riverfront or other body of water to create a
safety buffer consisting of a natural vegetative or contour strip. This buffer shall be
designated according to the flood-related erosion hazard and erosion rate, in relation to
the anticipated useful life of structures, and depending upon the geologic, hydrologic,
topographic and climatic characteristics of the land. The buffer may be used for suitable
12
open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife
habitat areas, and for other activities using temporary and portable structures only.
2 1.1 10.240 Appeals.
(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 of 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 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 applicable;
(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;
(9) The safety of access to the property in time of flood for ordinary and emergency
vehicles;
(10) The expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters expected at the site; and
(11) The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical and water systems, and streets and bridges.
(c) Generally, variances may be issued for new construction and 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 the base flood level,
providing subsections (B)(l) through (B)(1 1) of this section have been fully considered.
13
As the lot size increases beyond one-half acre, the technical justification required for
issuing the variance increases.
(d) Upon consideration of the factors of subsection (B) of this section and the 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 chapter.
(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.
21.1 10.250 Conditions for variances.
(a) Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed in the National Register of Historic Places or the State Inventory of
Historic Places, without regard to the procedures set forth in the remainder of this section.
(b) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(c) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(d) Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional hardship
to the applicant; and
(3) A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of, the public or conflict with existing local
laws or chapters.
(e) Variances may be issued for new construction and substantial improvements and for
other development necessary for the conduct of a functionally dependent use; provided,
that the provisions of subsections (A) through (D) of this section are satisfied and that the
structure or other development is protected by methods that minimize flood damages
during the base flood and create no additional threats to public safety.
(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.
14