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HomeMy WebLinkAbout1974-04-02; City Council; 9383; CMC 21.06.010 amend/21.31 adds - F-P (floodplain overlay) zone establishedORDINANCE NO, 9383 SECTION 2: That Title 21 of the Municipal Code is amended 23 ll 10 11 12 13 ii AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.06.010 AND BY THE ADDITION OF CHAPTER 21.31 TO ESTAB- LISH THE F-P FLOODPLAIN OVERLAY ZONE. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.06 is amended by the amendment of Section 21.06.010 to read as follows: "21.06.010 Names of zones. In order to classify, regu- late, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings, and to regulate the density of population, eighteen classes of zones are by this title established to be known as follows: 21 22 R-A R- 1 R- 2 R-3L R-3 R-P R-T R-W RD-M c-1 c-2 C-M F-P M P-M P-u P-c L-c - Residential Agricultural Zone - One-family Residential Zone - Two-family Residential Zone - Limited Multiple-family Residential Zone - Multiple-family Residential Zone - Residential-Professional Zone - Residential Tourist Zone - Residential Water Way Zone - Residential Density-Multiple Zone - Neighborhood Commercial Zone - General Commercial Zone - Heavy Commercial-Limited Industrial Zone - Floodplain Overlay Zone - Industrial Zone - Planned Industrial Zone - Public Utility Zone - Planned Community Zone - Limited Control Zone" 24 /I by the addition of Chapter 21.31 to read as follows: 25 Ii 26 /I 27 Sections: I/ 28 29 30 31 32 21.31.010 21.31.020 21.31.030 21.31.040 21.31.050 21.31.060 21.31.070 21.31.080 21.31.090 "Chapter 21.31 F-P FLOODPLAIN OVERLAY ZONE Intent and purpose. Application. Definitions. Permitted uses and structures. Special use permit required Exceptions. Permit application. Filing fees. Information to accompany permit application. 2: 2: 2: 2r 2! 2( 2: 2t 21 3( 31 32 21.31.100 Report of City Engineer. 21.31.110 21.31.120 Planning Commission determination. 21.31.130 Conditions. 21.31.140 21.31.150 21.31.160 Flood control facilities. Transmittal to the Planning Commission. Announcement of findings and decision by resolutio Effective date of order and appeal process. 21.31.010 Intent and purpose. The intent and purpose of the F-P Floodplain Overlay Zone is to: 1-A. 1 2 3 4 5 6 7 a 9 10 11 12 13 20 21 22 23 24 25 26 27 28 29 30 33.. 32 + 0 - (a) requlati protect 1) (I) Supplement the underlying zoning by providing additional .oris for development within designated floodplain areas to the public health, safety and welfare, (b) Reduce the financial burden on the City and its inhabi- tants and property owners by minimizing potential flood hazards and by eliminating or reducing the need for the construction of flood control facilities that would be required if unregulated development were permitted in the floodplain areas, (c) Restrict or prohibit uses that could be dangerous to health or property in time of flood or cause excessive increases in flood heights or velocities, (d) Require that uses vulnerable to floods be protected at time of initial development. (e) Clearly designate those areas of the City that could be adversely affected during time of flood, (f) Preserve a natural channel or open area wherever feasible to carry abnormal flows of water at time of flood, (9) Implement the goals and objectives of the General Plan, (h) Recognize floodplain areas as open space resources and encourage compatible open space uses wherever possible, 21.31.020 Application. The F-P Floodplain Overlay Zone shall be applied in a uniform manner to those areas within the City of Carlsbad which, in the opinion of the City Council, after consideration of documented and factual data based upon flood experience or engineering studies, are subject to flooding and inundation. The boundaries of this zone shall be established by the procedures designated in Chapter 21.52 of the Carlsbad Muni- cipal Code. When only a portion of a parcel of land lies within the designated floodplain, the provisions of this chapter shall apply only to that portion lying within said floodplain boundaries. 21.31.030 Definitions. Whenever the following words are used in this chapter, unless otherwise defined, they shall have the meaning ascribed' to them in this section, . - (a) "Flood" means any temporary rise in stream flow or water surface level that could result in adverse effects within the floodplain, including but not limited to damages from the overflow of floodwaters on land, temporary backwater in local drainage channels, storm drains or sewers, bank erosion or channel diversions, unsanitary conditions or other conditions of nuisance resulting from deposition of materials within or adjacent to watercourses, rise of groundwater coincident with the rise in stream flow, and the disruption of traffic circulation resulting from stream or watercourse overflow. (b) "Design flood" means that flood against which protection is to be provided by means of flood protective or flood control works. When a flood control project survey has been authorized, the design flood will be that established by the cognizant agency. In all other cases the design flood shall be of one-hundred-year recurrence interval or the standard project flood, whichever is determined applicable by the City of Carlsbad. (c) "Floodplain" means the land area adjacent to a water- 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 D 14 20 21 22 23 24 25 26 27 28 29 30 31 32 c 0 course which is subject to the inundation of floodwaters expected during a design flood. (d) "Floodway" means the channel of a stream or other water- course and that part of the floodplain reasonably required for passage of a flood of given magnitude. (e) "Standard project flood" means the largest flood that can be expected from the most severe combination of meteorological and hydrological conditions considered reasonably characteristic of the geographical region involved. Such a flood provides a reasonable upper limit to be considered in designing flood control works and in delineating floodplain limits and shall be generally applicable where its occurrence would have a high probability of hazard to human life. (f) "100-year flood" means the highest level of flooding that has an average frequency of occurrence in the order of one in 100 years at a designated location, considering regional meteor- ological and hydrological conditions characteristic of the geo- graphical region involved. This also means that level of flood- ing having a one-percent probability of occurrence in any year. The 100-year flood represents a major flood, although it is less severe than the standard project flood. (9) "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings (h) ''Gross floor area" means the total horizontal area in square feet, including the exterior walls of all floors of a structure. (i) ''Floor area ratio" means the numerical value obtained by dividing the gross floor area of a building or buildings located upon a lot or parcel of land by the total area of such lot or parcel of land. 21.31.040 Permitted uses and structures. In the F-P Flood- plain Overlay Zone any principal use, accessory use, transitional use or conditional use permitted in the underlying zone is per- mitted subject to the same conditions and restrictions applicable in such underlying zone and to all of the requirements of this chapter and to the development standards provided in Chapters 21.41 and 21.44. 21.31.050 Special use permit required. Unless specifically exempted from the permit requirement pursuant to Section 21.31.060, no permit or other entitlement shall issue for any use permitted by Section 21.31.040 nor shall any such use be established until a special use permit therefor has been issued pursuant to this chapter. 21.31.060 Exceptions. The following permits,entitlements or acts are excepted from the special use permit requirement: (a) Issuance of a grading permit for the following; (1) A legally established borrow pit. (2) To prepare a site to be used exclusively for grow- (3) The establishment of any use listed in subsections ing agricultural plants or animals. (b) and (c) hereof. 3. 1 2 3 4 5 6 7 € s 1c 11 1; 1: V 2( 2: 2: 2; 21 2! 24 2' 21 2! 3( 3: 3; (b) Issuance of a building permit for the following:. (1) Accessory buildings and structures appurtenant to a conforming use. (2) Addition to a conforming main building or structure or internal or external alteration thereof which does not increase the ground coverage thereof by more than 25 percent or 500 square feet, whichever is less. (3) Reconstruction in the same location with increased ground coverage as limited by subsection (b)(2) above of a con- forming use, building or structure destroyed by fire, explosion or other casualty, or act of God, or the public enemy, and normal maintenance of a conforming use, building or structure. (c) hereof. uses when such purposes or uses are permitted by the zone appli- cable to such land: grazing of animals, growing of nursery stock, sod farming and wild crops harvesting, (2) Public and private open space, archery ranges, picnic grounds, parks, wildlife and nature preserves, game farms, hunting and fishing areas, hiking and horseback riding trails. (3) Motor vehicle parking spaces and areas, loading and unloading, outdoor storage of materials or equipment acces- sory to a conforming use. (4) The establishment of any use listed in subsection (c) Commencing to use land for the following purposes or (1) Cultivation and growing of agricultural crops, (4) Uses accessory to an existing conforming use, (5) Changing the use of an existing building from one use to another where such change of use does not involve con- struction, alteration or grading other than that permitted in this section. 21.31.070 Permit application. The Planning Director shall prescribe the form for special use permit applications and may prescribe the type of information to be submitted. No applica- tion shall be accepted unless it complies with such requirements. The application after payment of the required fee shall be filed with the Planning Director. 21.31.080 Filing fees. The filing fees for a special use permit shall be in an amount as the City Council may by resolu- tion establish. 21.31.090 Information to accompany permit application. An application for a special use permit shall be accompanied by five copies of the following, except as otherwise specified: grading, structure (s) or use. (a) Plot plan of the property involved, showing proposed (b) Legal description of the property involved. (c) Description of the proposed use of the property unless such can be sufficiently described on the application form. (d) Environmental Impact Assessment (one copy only). (e) Environmental Impact Report (twenty copies) if required. (f) Any other maps, plans, information and data that the Planning Director or City Engineer may deem appropriate. 21.31.100 Report of City Engineer. Upon receiving an appli- cation for a special use permit pursuant to the provisions of ... ... 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 20 21 22 23 24 25 26 27 28 29 30 31 c u this chapter, the Planning Director shall transmit a copy of the application to the City Engineer, The City Engineer shall review the application and submit a report to the Planning Director con- cerning the following: (a) The extent of flood hazard at the site of the proposed special use permit. (b) Whether the property subject to the application is clearly and wholly within the floodplain. (c) Whether additional information is necessary in order to determine the flood protection elevation and to evaluate other factors as may be necessary in order to render a decision on the suitability of the particular site for the proposed use. The applicant shall furnish any such additional information required which may include: (1) A map of the vicinity of the property involved drawn to scale showing the location of existing structures, fill and flood control or floodproofing improvements; the location of the property involved; topographic contours or elevations; loca- tion of the lines demarking the limits of the floodplain and flood- way; and significant vegetation and soil types. (2) A detailed plan view of the property involved show- ing the location and ground elevation of existing and proposed structures, fill, flood control or floodproofing improvements, roads and utilities, existing and proposed ground contours and elevations, and existing and proposed significant vegetation and soil types. (3) A typical valley cross-section which passes through the property involved showing the stream channel, elevation of land areas to each side of the channel, location of the floodway and floodplain, location and elevation of existing and proposed improvements and high water level information. (4) A profile showing the slope of the bottom of the channel or flow line of the stream. (5) Specifications for proposed improvements including type of construction and materials, flood control or floodproof- ing measures, filling, dredging, grading, channel modification, storage of materials or equipment and utilities. (6) Such other information and data as may be deemed necessary in order to properly evaluate and make a decision on the proposal set forth in the special use permit application. 21.31.110 Transmittal to the Planning Commission. The Planning Director shall transmit the application for a special use permit and a recommendation thereon to the Planning Commission when all necessary reports and processing havebeen completed. When an application is relative to another discretionary permit, it may be considered by the Planning Commission concurrent with the consideration of the discretionary permit. The Planning Director shall notify the applicant of the date and place at which the Commission will consider the matter at least seven days prior to such consideration. 21.31.120 Planning Commission determination. The Planning 5. 1 2 3 4 5 6 7 8 9 1c 11 12 1: 14 9 V 2( 2: 2: 2: 21 2! 2( 2' 21 2! 3( 3: 3< c i3 :ommission shall not issue a special use permit unless they deter- line that the permit is consistent with the purposes of this :hapter and all applicable General and Specific Plans and that -t will not adversely affect or unduly hinder, restrict or alter :he water-carrying function of the floodplain. In exercising :heir discretion in making such determinations the Commission ;hall consider the following factors; (a) Danger to life and property due to increased flood ieights or velocities caused by encroachments in the floodway. (b) Danger that materials may be swept on to other lands or iowns t ream. (c) Proposed water supply and sanitation systems and the tbility of these systems to prevent disease, contamination and insanitary conditions. :ontents to flood damage and the effect ofsucbaamageonthe in- iividual owner or occupants. Ir facility to the community. flooding for the proposed use. :xisting development and development anticipated in the foreseeable future in the area. (h) :able General Plans and floodplain management program for the are2 (i) Accessibility of the property in times of flood for ~ehicles. (j) The expected heights, velocity, duration, rate of rise 2nd sediment transport of the floodwaters expected at the site. (k) Such other factors which are relevant to the purposes 3f this chapter and to the individual case. (d) Susceptibility of the proposed use or facility and its (e) Importance of the services provided by the proposed use (f) Availability of alternative locations not subject to (9) Compatibility of the proposed use or facility with Relationship of the proposed use or facility to appli- 21.31.130 Conditions. The Planning Commission or City Zouncil on appeal may impose such conditions on the applicant 2nd the permit as are determined necessary consistent with the ?revisions of this chapter. 21.31.140 Announcements of findings and decision by reso- lution. Not more than twenty days following the termination of the proceedings on a special use permit, the Planning Commission shall announce its findings and decision by formal resolution, and the resolution shall recite, among other things, the facts and reasons which, in the opinion of the Planning Commission, make the approval, conditional approval or denial of the special use permit necessary to carry out the provisions and general purpose Df this chapter, and shall order that the special use permit be Tranted or denied, and if such resolution orders that the special use permit be granted, it shall also recite such conditions and limitations as the Commission may impose. 21.31.150 Effective date of order and appeal process. The order of the Planning Commission in granting or denying a special use permit shall become final and effective ten days after the rendering of its decision granting or denying the special use permit unless within such ten-day period an appeal in writing is filed with the City Clerk by either an applicant or an opponent. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Commission until such time as the City Council has acted on the appeal as specified by Sections 21.50.110, 21.50.120, 21.50.130, 21.50.140, 21.50.150 and 21,50.160 of this Title. In making its decision on any such appeal the City Council shall be guided by the provisions of Section 21.31.120. 6. 1 2 3 4 5 6 7 e s 1c 11 1; 12 n 1L 2: 2: 2: 21 2! 2( 2' 2; 2' 31 3 3 21.31,160 Flood control facilities, The following facilities nay be placed, erected, constructed, reconstructed, altered or snlarged in a floodway pursuant to a permit or as a condition imposed thereon: (a) Grass-lined or similarly vegetated flood control channels either of excavated or diked section, or levees, including groins of a temporary nature to protect the same, (b) Dams and reservoirs designed primarily for water con- servation, recreation or debris control. (c) Erosion control works such as but not limited to retards, groins, jetties, vegetated, stone, rock, or sacked concrete revet- ment, rock and wire mattress, pipe and wire fence, precast crib- bing, drop structures, check dams, grade stabilizers and rock sills and removal of debris from watercourses. (d) Ground water replenishment works such as but not limited to diversion dams, percolation beds, spreading grounds and injec- tion wells, (e) Any similar drainage or flood control structure or facility which the City Engineer determines would not unduly accel- erate or increase the flow of water so as to create a condition which would be detrimental to the health or safety of persons or property. lr 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 the Carlsbad Journal within fifteen days after its adop- tion. adjourned meeting of the INTRODUCED AND FIRST READ at an / regular Carlsbad City Council held on the 26th day of March I 1974, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 2nd day of April , 1974, by the following vote, to wit: AYES: Councilmen Frazee, McC'Omas and -Lewis. NOES: None ABSENT: None ABSTAINED: Councilman Chase ROBERT 6. FRAZEE, $fayCr ATTEST: (SEAL) 7.