HomeMy WebLinkAbout1988-10-11; City Council; NS-39; CMC 21.110 adds - Floodplain management regsc
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ORDINANCE NO. NS-39
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING CHAPTER 21.31AND ADDING CHAPTER 21.110 TO TITLE 21 OF THE CARLSBAD MUNICIPAL CODE ESTABLISHING FLOODPLAIN MANAGEMENT REGULATIONS
5 The City Council of the City of Carlsbad, California, does ord
6 follows:
7 SECTION 1: That Title 21 , Chapter 21.110, of the Carlsbad Municip;
8 is added to read as foll ows:
9 Chapter 21.110
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FLOODPLAIN MANAGEMENT REGULATIONS
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21.110.010
21.110.020
21.110.030
21.110.040
21.110.050
21.110.060
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 Flood Losses Definitions General Provisions Basis for Establishing the Areas of Special 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 bil i ty of the Flooc Administrator. Standards of Construction Standards for Uti1 ities Standards for Subdivisions Standards for Manufactured Homes F1 oodways Coastal High Hazard Areas Muds1 ide ( i . e. , Mudfl ow) -Prone Areas Flood-Re1 ated Erosion-Prone Areas Appeal Board Conditions for Variances
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28 pursuant to the legislative authority set forth in Government Code Sec 21.110.010 Statutory Authorization. This chapter is a(
adopt regulations designed to promote the public health, safety, and gt
65302, 65560 and 65800 which conferred upon local government units author
welfare of its citizenry.
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21.110.020 Findinq of Fact. (a) The flood hazard areas of City of Carlsbad are subject to PC inundation which results in loss of life and property, health and hazards, disruption of commerce and governmental services, extraordinary expenditures for flood protection and re1 ief, and impairment of the tax all of which adversely affect the publ ic health, safety and general welf (b) These flood 1 osses are caused by the cumulative effe obstructions in areas of special flood hazards which increase flood heigh velocities , and when inadequately anchored, damage uses in other areas. that are inadequately floodproofed, elevated or otherwise protected frorr damage also contribute to the flood loss.
21.110.030 Statement of Purpose It is the purpose of chapter to promote the publ ic health, safety and general welfare, i minimize public and private losses due to flood conditions in specific ar provisions designed: (1) To protect human 1 ife and health; (2) To minimize expenditure of public money for costly flood c
(3) To minimize the need for rescue and relief efforts associate'
(4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as and gas mains, electric, telephone and sewer lines, streets and bridges 1 in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the seco and development of areas of special flood hazard so as to minimize future bl ight areas; (7) To insure that potential buyers are notified that property is area of special flood hazard; and
(8) To insure that those who occupy the areas of special flood I assume responsi bi 1 i ty for other actions.
(9) Recognize floodplain areas as potential open space resource encourage compatible open space uses wherever possible.
projects ;
flooding and generally undertaken at the expense of the general public;
21.110.040 Methods of Reducinq Flood Loses. In order to accompli purposes, this chapter includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to he safety, and property due to water or erosion hazards, or which resu damaging increases in erosion or flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities serve such uses, be protected against flood damage at the time of ir construction; (3) Controlling the alteration of natural floodplains, stream char and natural protective barriers, which he1 p accommodate or channel flood wz (4) Controlling filling, grading dredging, and other development may increase flood damage; and, (5) Preventing or regulating the construction of flood barriers will unnaturally divert flood waters or which may increase flood hazart other areas.
21.110.050 Definitions For the purposes of this chapter the foll words and phrases have the meaning respectively ascribed to them by sect i on :
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(1) "Appeal" means a request for a review of the Flof Administrator's interpretation of any provision of this chapter or a 1 for a variance. (2) "Area of shallow flooding" means a designated AO, AH, or VO 1 the Flood Insurance Rate Map (FIRM). The base flood depths range from three feet; a clearly defined channel does not exist; the path of flood unpredictable and inderminate; and velocity flow may be evident. (3) "Area of special flood-re1 ated erosion hazard" is the area I to severe flood-related erosion losses. The area is designated as Zone E Flood Insurance Rate Map (FIRM).
(4) "Area of special flood hazard" - See "Speci a1 flood hazard i (5) "Area of special mudsl ide (i .e., mudflow) hazard" is th subject to severe mudsl ides (i .e., mudflows) . The area is designated a M on the Flood Insurance Rate Map (FIRM). (6) "Base flood" means the flood having a one percent chance of equal led or exceeded in any given year (a1 so call ed the "100-year flood" (7) "Basement" means any area of the building having its floor su (below ground level) on all sides.
(8) "Breakaway wall sN are any type of walls, whether sol id or la and whether constructed of concrete, masonry, wood, metal, plastic or an) suitable building material which is not part of the structural support building and which is designed to break away under abnormally high tides c action without causing any damage to the structural integrity of the bu on which they are used or any buildings to which they might be carried by waters. A breakaway wall shall have a safe design loading resistance ( less than ten and no more than twenty pounds per square foot. Use of bre walls must be certified by a registered engineer or architect and shal' the following conditions: (A) Breakaway wall collapse shall result from a water loa1 than that which would occur during the base flood; and (B) The elevated portion of the building shall not inct structural damage due to the effects of wind and water loads i simultaneously in the event of the base flood. (9) "Coastal high hazard area" is the area subject to high ve' waters, including coastal and tidal inundation or tsunamis. The ar 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 uniml real estate, including but not limited to buildings or other structures, m. dredging, filling, grading, paving, excavation or drilling operations.
(1 1) "Flood or flooding" means a general and temporary condi ti parti a1 or complete inundation of normally dry 1 and areas due to: (A) the overflow of flood waters, (B) the unusual and rapid accumulation or runoff of surface \r from any source, and/or (C) the collapse or subsidence of 1 and along the shore of a 1; other body of water as a result of erosion or cyclical levels or suddenly ( by an unusually high water level in a force of nature, such as flash flc an abnormal tidal surge, or by some similarly unusual and unforeseeable which results in flooding as defined in this definition.
(12) "Flood Boundary and Floodway MapN means the official map whic Federal Emergency Management Agency or Federal Insurance Administratio' del ineated both the areas of flood hazard and floodway.
the Federal Emergency Management Agency or Federal Insurance Administratic
applicable to the community.
(13) "Flood Insurance Rate Map (FIRM)" means the official map on
~ delineated both the areas of special flood hazards and the risk premium
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I (14) "Flood Insurance Study" means the offici a1 report provided
2 Flood Boundary and Floodway Map, and the water surface elevation of tt, Federal Insurance Administration that includes flood profiles, the FIF
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(15) "Floodplain or Flood-prone Area" means any 1 and area susceptj being inundated by water from any source (see definition of "flooding").
(16) "F1 oodpl ain Management" means the operation of any overall 1 of corrective and preventive measures of reducing flood damage, includi not 1 imi ted to emergency preparedness plans, flood control works and floc management regul at i ons . (17) "Floodplain Management Regulations" means zoning chc subdivision regulations, building codes, health regulations, special p chapters (such as floodplain chapter, grading chapter and erosion c chapter) and other applications of police power. The term describes such or local regulations in any combination thereof, which provide standards f purpose of flood damage prevention and reduction. (18) "F1 oodproof i ngN means any combination of structural nonstructural additions, changes, or adjustments to structures which red eliminate flood damage to real estate or improved real property, wat, sanitary facilities, structures and their contents. (19) "Floodway" means the channel of a river or other watercourse h adjacent land areas that must be reserved in order to discharge the base without cumulatively increasing the watersurface elevation more than one Also referred to as "Regulatory floodway". (20) "Functionally Dependent Use" means a use which cannot perfo, intended purpose unless it is located or carried out in close proxim, water. The term includes only docking facilities, port facilities thi necessary for the loading and unloading of cargo or passengers, anc building and ship repair facilities, but does not include long-term stor related manufacturing facilities. (21) "Highest Adjacent Grade" means the highest natural elevation I ground surface prior to construction next to the proposed walls of a strut (22) "Lowest Floor" means the lowest floor of the lowest enclose( (including basement). An unfinished or flood resistant enclosure, usable : for parking or vehicles, building access or storage in an area other 1 basement area is not considered a building's lowest floor; provided, tha- enclosure is not built so as to render the structure in violation o applicable non-elevation design requirements of this chapter. (23) "Manufactured Home" means a structure, transportable in one o' sections, which is built on a permanent chassis and is designed for use w, without a permanent foundation when connected to other required utilities, floodplain management purposes the term "manufactured home" a1 so includes trailers, travel trailers and other similar vehicles placed on a sit greater than 180 consecutive days. (24) "Manufactured Home Park or Subdivision" means a parcel contiguous parcels) of land divided into two or more manufactured home 10.1 sale or rent. (25) "Mean Sea Level" means, for purposes of the National Flood Inst Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datl which base flood elevations shown on a community's F1 ood Insurance Rate Ma referenced. (26) "New Construction" means, for floodplain management purp structures for which the "start of construction" commenced on or afte' I effective date of a floodplain management regulation adopted by this commu
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1 (27) "One Hundred Year Flood" or "100-year flood" means a flood wh.
2 to the "base flood", which will be the term used throughout this chaptel a one percent annual probabi 1 i ty of being equal 1 ed or exceeded. It is idt
or its agencies or political subdivisions. 4
association or corporation, or agent of the aforementioned groups, or thi
(29) "Remedy a Violation" means to bring the structure or
5 development into compliance with State or local floodplain mani regulations, or, if this is not possible, to reduce the impacts
6 noncompl i ance. Ways that impacts may be reduced include protecti, structure or other affected development from flood damages, implementi
7 enforcement provisions of the chapter or otherwise deterring future 5 violations, or reducing Federal financial exposure with regard to the stu
8 or other development. (30) "Riverine" means relating to, formed by, or resembling a
g (including tributaries), stream, brook, etc. (31) "Sand Dunes" means naturally occurring accumulations of s
10 ridges or mounds landward of the beach. (32) "Special Flood Hazard Area (SFHA)" means an area having s
11 flood or fl ood-re1 ated erosion hazards, and shown on an FHBM or FIRM as i
3 (28) "Person" means an individual or his agent, firm, partnc
AO, A1-30, AE, A99, AH, VO, Vl-V30, VE or V.
the date the building permit was issued, provided the actual sti
13 construction, repair, reconstruction, placement, other improvement was 180 days of the permit date. The actual start means either the first pl;
14 of permanent construction of a structure on a site, such as the pouring ( work beyond the stage of excavation; or the placement of a manufactured h
15 a foundation. Permanent construction does not include land preparation as clearing, grading and filling; nor does it include the installat
16 streets and/or wal kways; nor does it i ncl ude excavation for a bas footings, piers, or foundations or the erection of temporary forms; nor d
17 include the installation on the property of accessory buildings, such as g or sheds not occupied as dwelling units or not part of the main structur
18 (34) "Structure'' means a walled and roofed building, including a liquid storage tank that is principally above ground, as well as a manufa
19 home. (35) "Substantial Improvement" means any repair, reconstructic
20 improvement of a structure, the cost of which equals or exceeds 50 perc
12 (33) "Start of Construction" includes substantial improvement, an(
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 res 22 before the damage occurred. For the purposes of this definition "substantial improveme
23 considered to occur when the first alteration of any wall, ceiling, flo other structural part of the building commences, whether or not that alte
24 affects the external dimensions of the structure. The term does not, ho include either:
existing state or local health, sanitary, or safety code specifications
26 are solely necessary to assure safe living conditions; or (B) any alteration of a structure listed on the National Re 27 of Historic Places or a State Inventory of Historic P1 aces. (36) "Variance" means a grant of re1 ief from the requirements o 28 chapter which permits construction in a manner that would otherwi
25 (A) any project for improvement of a structure to compl.
prohibited by this chapter.
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1 (37) "Violation" means the failure of a structure or other deve'
2 A structure or other development without the elevation certificate, to be fully compliant with the community's floodplain management reguli
presumed to be in violation until such time as the documentation is pro' certifications, of other evidence of compliance required in this char 3
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21.110.060 Land to Which this Chaoter Aoolies. This chapter shal' to all areas of special flood hazards, areas of flood-related erosion I and areas of mudslide (i.e., mudflow) hazards within the jurisdiction ( of Carlsbad. When only a portion of a parcel of land lies within the a\ special flood hazards, the provisions of this chapter shall apply only t portion lying within those areas.
21.110.070 Basis for Establishinq the Areas of Special Flood Hazarl areas of special flood hazard, areas of flood-re1 ated erosion hazards an(
of mudslide (i.e., mudflow) hazards are identified by the Federal Emc Management Agency or the Federal Insurance Administration in a scientil engineering report entitled "Flood Insurance Study for City of Carl sbac April 18, 1983, as amended, with an accompanying Flood Insurance Rate hereby adopted by reference and declared to be a part of this chapter. Flood Insurance Study is on file at the Office of the City Engineer, 2( Palmas Drive, Carlsbad, California, 92009. This Flood Insurance Study minimum area of appl icabil i ty of this chapter and may be supplemented by 5 for other areas which allow implementation of this chapter and whi recommended to the City Council by the Floodplain Admini strator. Speci a1 F1 ood Hazard Areas indicated on F1 ood Insurance Rate Ma amended, for the City of Carlsbad shall be referenced on the City Zoning
21.110.080 Compliance. No structure or land shall hereaftc constructed, located, extended, converted, or altered without full comp with the terms of this chapter and other applicable regulations. Violati the provisions of this chapter by failure to comply with any of its requir (including viol ations of conditions and safeguards establ i shed in conn with conditions) shall constitute a misdemeanor. Nothing herein shall p the City Council from taking such lawful action as is necessary to pr enjoin or remedy any violations.
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easement, covenant, or deed restriction conflict or overlap, whichever i or deed restrictions. However, where this chapter and another cb 21
not intended to repeal, abrogate, or impair any existing easements, cove 21.110.090 Abroqation and Greater Restrictions. This chaptc
22 the more stringent restrictions shall prevail.
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21.110.100 Interoretation. In the interpretation and applicat,
(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
this chapter, all provisions shall be:
state statues.
21.110.110 Warninq and Disclaimer of Liability. The degree 01 protection required by this chapter is considered reasonable for regu purposes and is based on scientific and engineering considerations. floods can and will occur on rare occasions. Flood heights may be increa man-made or natural causes. This chapter does not imply that land outsi areas of special flood hazards, areas of flood-re1 ated erosion hazards anc
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1 of mudslide (i.e., mudflow) hazards or uses permitted within such areas \
2 free from flooding or flood damages. This chapter shall not create 1 ii on the part of City of Carl sbad, any officer or employee thereof, or the I
3 Insurance Administration, for any flood damages that result from re1 ii this chapter or any administrative decision lawfully made thereunder.
4 21.110.120 Severability. This chapter and the various parts *
5 are hereby declared to be severable. Should any section of this chai declared by the courts to be unconstitutional or invalid, such decisiol
6 not affect the Val idity of the chapter as a whole, or any portion thereo. than the section so declared to be unconstitutional or invalid.
7 21.110.130 SDeci a1 Use Permit A Special Use Permit shall be ot
8 in addition to any other required permits or entitlements before constr or development begins within any area of special flood hazards, areas of
g related erosion hazards or areas of mudslide (i .e., mudflow) establis Section 21.110.070. The filing fees for a special use permit shall be
10 amount as the City Council may by resolution establish. Application Special Use Permit shall be made on forms furnished by the Floc
11 Administrator and may include, but not be limited to: plans in duplicatc to scale showing the nature, location, dimensions, and elevation of the i
12 questions; existing or proposed structures, fill, storage of materials, dl facilities; and the location of the foregoing. Specifically, the fo;
13 information is required:
14 floor (including basement) of all structures; in Zone A0 or VO, elevat highest adjacent grade and proposed elevation of lowest floor of all struc
15 (2) Proposed elevation in re1 ation to mean sea level to whit structure will be floodproofed;
16 (3) All appropriate certifications listed in Section 21.110.150 this chapter; and
or re1 ocated as a result of proposed development;
(1) Proposed elevation in re1 ation to mean sea level, of the
17 (4) Description of the extent to which any watercourse wi 11 be a
18 (5) Environmental impact assessment (one copy only);
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(6) Environmental impact report (twenty copies), if required.
21.110.140 Desiqnation of the FloodDlain Administrator. The P1
20 Commission is hereby appointed to administer and implement this chap granting or denying special use permits in accordance with its provisic
21 upon the advice of the City Engineer.
22 21.110.150 Duties and ResDonsibilities of the Floc Administrator. The duties and responsibilities of the floc
23 administrator shall include, but not be limited to:
24 (A) Review all special use permits to determine that the
25 (B) All other required state and federal permits havc
26 (C) The site is reasonably safe from flooding. (D) The proposed development does not adversely affec 27 carrying capacity of areas where base flood elevations have been determir a floodway has not been designated. For purposes of this chapter, “adc 28 affects” means that the cumulative effect of the proposed developmen combined with all other existing and anticipated development will not ir the water surface elevation of the base flood more than one foot at any
(1) Permit Review.
requirements of this chapter have been satisfied;
obtained;
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(2) Use of Other Base F1 ood Data. When base flood elevation d: not been provided in accordance with Section 21.110.070, the Floc Administrator shall obtain, review, and reasonably utilize any base
elevation and floodway date avail ab1 e from a Federal, State or other soul order to administer Sections 21.110.160 through 21.110.230. An] information shall be submitted to the City Council for adoption. (3) Whenever a watercourse is to be altered to relocated: (A) Notify adjacent communities and the California Departn Water Resources prior to such a1 terations of relocation of a watercour: submit evidence of such notification to the Federal Insurance Administr; (B) Require that the flood carrying capacity of the altc re1 ocated portion of said water course is maintained.
(4) Obtain and maintain for public inspection and make availa needed : (A) the certification required in Section 2 1.110.160(3)(A) el evat i ons) ; (B) the certification required in Section 21.110.16( (elevations in areas of shallow flooding); (C) the certification required in Section 21.110.16( (elevations or floodproofing of nonresidential structures); (D) the certification required in Section 21.110.160(3)([ fl oodproofing standard) ; (E) the certified elevation required in Section 21.110, (subdivision standards); (F) the certification required in Section 21.110.200(1) (fl encroachments); (G) the information required in Section 21.110.210(6) (( construction standards; and (H) the reports required in Section 21.110.220(d) (I standards). (5) Make interpretations where needed, as to the exact location boundaries of the areas of special flood hazards, areas of fl ood-re1 ated c hazards or areas of muds1 ide (i .e., mudflow) for example, where there i to be a confl ict between a mapped boundary and actual field conditions) person contesting the locations of the boundary shall be given a rea: opportunity to appeal the interpretation as provided in Sections 21.110.; 21.110.250. (6) Take action to remedy violations of this chapter as specif Section 21.110.080 herein.
21.110.160 Standards of Construction In a1 1 areas of special
(1) "Anchoring" hazards the following standards are required:
(A) All new construction and substantial improvements st anchored to prevent flotation, collapse or lateral movement of the st1 resulting from hydrodynamic and hydrostatic loads, including the effc buoyancy. (B) All manufactured homes shall meet the anchoring stand; Section 21.110.190. (2) Construction Materials and Methods. (A) All new construction and substantial improvements st constructed with materials and utility equipment resistant to flood dam; (B) All new construction and substantial improvements st constructed using methods and practices that minimize flood damage.
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I 1 (C) All new construction and substantial improvements st
2 constructed with electrical, heating, ventilation, plumbing and air condi. equipment and other service facilities that are designed and/or locate(
3 to prevent water from entering or accumulating within the components conditions of flooding.
around structures on slopes to guide flood waters around and away from p' 4 (D) Require with Zones AH, A0 or VO, adequate drainage
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(A) New construction and substantial improvement of any st 6
structures.
shall have the lowest floor, including basement, elevated to or above tl
7 flood elevation. Nonresidential structures may meet the standards in 21.110.160(3)(C). Upon the completion of the structure the elevation
8 lowest floor including basement shall be certified by a registered profe engineer or surveyor, or verified by the City building inspector to be p
g elevated. Such certification or verification shall be provided ' F1 oodpl ain Admini strator.
in Zone A0 or VO shall have the lowest floor, including basement, elevatec
11 the highest adjacent grade at least as high as the depth number specil feet on the FIRM, or at least two feet if no depth number is spec
12 Nonresidential structures may meet the standards in Section 21.110.1601 Upon completion of the structure the elevation of the lowest floor in(
13 basement shall be certified by a registered professional engineer or sui or verified by the City building inspector to be properly elevated.
14 certification or verification shall be provided to the Floodplain Adminisl (C) Nonresidential construction shall either be eleva,
15 conformance with Section 21.110.160(3)(A) or 21.110.160(3)(B). or togethl attendant utility and sanitary facilities:
16 (i) be floodproofed so that below the base flood le! structure is watertight with walls substantially impermeable to the pas:
17 water; (i i) have structural components capable of re:
18 hydrostatic and hydrodynamic loads and effects of buoyancy; and (iii) be certified by a registered professional engir
19 architect that the standards of this subsection are satisfied. certifications shall be provided to the Floodplain Administrator.
improvements, that fully enclosed areas below the lowest floor that are $
21 to flooding shall be designed to automatically equalize hydrostatic flood on exterior walls by allowing for the entry and exit of floodwaters. t
22 for meeting this requirement must either be certified by a reg. professional engineer or architect or meet or exceed the following r 23 criteria: (i) Either a minimum of two openings having a total nl 24 of not 1 ess than one square inch for every square foot of enclosed area : to flooding shall be provided. The bottom of all openings shall be no 25 than one foot above grade. Openings may be equipped with screens, 1( valves or other coverings or devices provided that they permit the aui 26 entry and exit of floodwaters; or (ii) Be certified to comply with a local floodpl
27 standard approved by the Federal Insurance Administration. (E) Manufactured homes shall also meet the standards in ! 28 21.110.190.
(3) "El evati on and F1 oodproof i ng"
10 (B) New construction and substantial improvement of any st)
20 (D) Require, for all new construction and subst
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21.110.170 Standards for Utilities (a) All new and replacement water supply and sanitary sewage : shall be designed to minimize or eliminate infiltration of flood waters i system and discharge from systems into flood waters. (b) On-site waste disposal systems shall be located to avoid imp; to them or contamination from them during flooding. 21.110.180 Standards for Subdivisions. (a) All preliminary subdivision proposals shall identify the hazard area and the elevation of the base flood. (b) All final subdivision plans will provide the elevation of pi structure(s) and pads. If the site is filled above the base flood, thc pad elevation shall be certified by a registered professional engin surveyor and provided to the Floodplain Administrator. (c) All subdivision proposals shall be consistent with the n minimize flood damage. (d) All subdivision proposals shall have public utilities and fac such as sewer, gas, electrical and water systems 1 ocated and construc minimize flood damage. (e) All subdivisions shall provide adequate drainage to reduce e: to flood hazards.
21.110.190 Standards for Manufactured Homes. All new and repl;
(1) Be elevated so that the lowest floor is at or above the basc
(2) Be securely anchored to a permanent foundation system to
manufactured homes and additions to manufactured homes shall:
el evat i on ; and
fl otat i on, col 1 apse or 1 ateral movement.
21.110.200 Floodways. Located within areas of special flood established in Section 21.110.070 are areas designated as floodways. Si1 floodway is an extremely hazardous area due to the velocity of flood which carry debris, potential projectiles, and erosion potential, the fo' provisions apply; (1) Prohibit encroachments, including fill, new constrl substantial improvements, and other development unless certificatior registered professional engineer or architect is provided demonstratir encroachments shall not result in any increase in flood levels duri occurrence of the base flood discharge (2) If Section 21.110.200(1) is satisfied, all new constructi substantial improvements shall comply with all other applicable flood reduction provisions of Sections 21.110.160 through 21.110.230.
21.110.210 Coastal HishHazardAreas. Within coastal high hazar established in Section 21.110.070, the following standards shall apply: (1) All new construction and substantial improvements shall be e on adequately anchored pi1 ings or columns and securely anchored to such or columns so that the lowest horizontal portion of the structural meml the lowest floor (excluding the pilings or columns) is elevated to or ab base f 1 ood el evati on. (2) All new construction shall be located on the landward side reach of mean high tide. (3) All new construction and substantial improvements shall hi space below the lowest floor free of obstructions or constructed with br walls. Such temporarily enclosed space shall not be used for human habi (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 pol flood damage is prohibited. (6) The Floodplain Administrator shall obtain and maintain the fol records : (A) Certification by a registered engineer or architect that a pr structure complies with Section 21.110.210(1).
(B) The elevation (in re1 ati on to mean sea 1 eve1 ) of the bottom lowest structural member of the lowest floor (excluding pilings or colun all new and substantially improved structures, and whether such strt contain a basement.
21.110.220 Mudslide (i.e., Mudflow)-Prone Areas. (a) The Floodplain Admini strator shall review permits for pj construction or other development to determine if it is proposed wi mudsl i de area. (b) Permits shall be reviewed to determine that the proposed deve' is reasonably safe from mudslide hazards. Factors to be considered in 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 fill ;
(4) The overall slope of the site; and (5) The weight that any proposed development will impose slope. (c) Within areas which have mudslide hazards, the following requil
apply: (1) A site investigation and further review shall be n persons qual i fied in geology and soils engineering; (2) The proposed grading, excavation, new constructic substantial improvements shall be adequately designed and protected i mudsl ide damages;
(3) The proposed grading, excavations, new constructi substantial improvements do not aggravate the existing hazard by creating on-site or off-site disturbances; and (4) Drainage, planting, watering and maintenance sha' endanger sl ope stabi 1 i ty. (d) Within Zone M on the Flood Insurance Rate Map, the communit.
~ adopt a drainage chapter which at 1 east compl ies with the standards of SI
~ 7001 through 7006 and Sections 7008 through 7015 of the most recent am1
~ of the 1982 Uniform Building Code:
(1) The location of foundation and utility systems construction and substantial improvements; (2) The location, drainage and maintenance of a1 1 excav cuts and fills and planted slopes; (3) Protective measures including but not 1 imited to re walls, buttress fills, subdrains, diverter terraces, benchings, etc.; a (4) Engineering drawings and specifications to be submit. all corrective measures, accompanied by supporting soils engineering and 1 reports.
21.110.230 Flood-Related Erosion-Prone Areas. (a) The Floodplain Administrator shall require permits for p construction and other development within all flood-related erosion-pron as known to the community. (b) Such permits shall be reviewed to determine whether the p site a1 terations and improvements will be reasonably safe from flood-
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erosion and will not cause flood-related erosion hazards or otherwise ag$ the existing hazard.
related erosion or would increase the erosion hazard, such improvement SI relocated or adequate protective measures shall be taken to avoid aggr; the existing erosion hazard. (d) Within Zone E on the Flood Insurance Rate Map, a setback is rc for all new development from the ocean, lake, bay, riverfront or other t water to create a safety buffer consisting of a natural vegetative or ( strip. This buffer shall be designated according to the flood-related c hazard and erosion rate, in relation to the anticipated "useful li structures, and depending upon the geologic, hydrologic, topograph climatic characteristics of the land. The buffer may be used for suitab' space purposes, such as for agricultural, forestry, outdoor recreati wildlife habitat areas, and for other activities using temporary and pc structures only.
(c) If a proposed improvement is found to be in the path of
21.110.240 ApPeals (a) The Floodplain Administrator shall announce its decisic findings by resolution to the applicant and the resolution shall recite, other things, the facts and reasons which, in the opinion of the Floc Administrator, make the granting or denial or a special use permit, val or other entitlement under this chapter necessary to carry out the pro\ and general purposes of this title and shall order that the special use I variance or other entitlement be granted or denied, and if such resc orders that the special use permit, variance or other entitlement be g1 it shall also notice such conditions and limitations as the Floc Administrator may impose. (b) The order of the Floodplain Administrator in granting or der special use permit, variance or other entitlement shall become fin effective ten days after the rendering of this decision, unless within SI day period, an appeal in writing is filed with the City Council by eil applicant or an opponent. The filing of such an appeal within such timc shall stay the effective date of the order of the Floodplain Administrato) such time as a final decision on the appeal is reached. Appeals sh processed according to Chapter 21.50 of this title. In passing upon appe' requests for variances from the requirements of this chapter, the City ( shall consider all technical evaluations, all relevant factors, st; specified in other sections of this chapter, and: (1) the danger that materials may be swept onto other lands injury of others;
(2) the danger of 1 ife and property due to flooding or ( damage ; (3) the susceptibility of the proposed facility and its c( to flood damage and the effect of such damage on the individual owner; (4) the importance of the services provided by the p' facility to the community; (5) the necessity to the facility of a waterfront location appl i cab1 e;
(6) the avail abil i ty of a1 ternative locations for the propo which are not subject to flooding or erosion damage;
(7) the compatibility of the proposed use with existi anticipated development;
(8) the relationship of the proposed use to the comprehensi and floodplain management program for that area;
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1 1 (9) the safety of access to the property in time of flo
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 ris
(11) the costs of providing governmental services during an(
4 flood conditions, including maintenance and repair of public utiliti facilities such as sewer, gas, electrical, and water system, and stree
5 bridges. (c) Generally, variances may be issued for new constructic
6 substantial improvements to be erected on a lot of one-half acre or less ' contiguous to and surrounded by lots with existing structures constructec
7 the base flood level, providing items in 21.110.240(b) have been considered. As the lot size increases beyond one-half acre, the tec
8 justification required for issuing the variance increases. (d) 'Upon consideration of the factors of Section 21.110.240(b) i
g purposes of this chapter, the City Council may attach such conditions granting of variances as it deems necessary to further the purposes c
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(a) Variances may be issued for the reconstruction, rehabilitai 13
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appeal actions and report any variances to the Federal Insurance Adminisl 11
chapter.
restoration of structures listed in the National Register of Historic P1;
14 the State Inventory of Historic P1 aces, without regard to the procedur forth in the remainder of this section.
15 (b) Variances shall not be issued within any designated floodway increase in flood levels during the base flood discharge would result.
16 (c) Variances shall only be issued upon a determination th variance is the minimum necessary, considering the flood hazard, to
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18 (1) a showing of good and sufficient cause; (2) a determination that failure to grant the variance 19 result in exceptional hardship to the applicant; and
(3) a determination that the granting of a variance wi
20 result in increased flood heights, additional threats to public : extraordinary public expense, create nuisances, cause fraud on or victim 21 of, the public, or conflict with existing local laws or chapters. (e) Variances may be issued for new construction and subs. 22 improvements and for other development necessary for the conduct functionally dependent use provided that the provisions of SI 23 21.110.250(a) through 21.110.250(d) are satisfied and that the strucl other development is protected by methods that minimize flood damages dur
24 base flood and create no additional threats to public safety. (f) Any appl icant to whom a variance is granted shall be given 1 25 I notice that the structure will be permitted to be built with a lowesi elevation below the regulatory flood elevation and that the cost of 26 insurance will be commensurate with the increased risks resulting fr reduced lowest floor elevation. A copy of the notice shall be recorded
(e) The Floodplain Administrator shall maintain the records
upon request.
21.110.250 Conditions for Variances
(d) Variances shall only be issued upon:
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shall be recorded in a manner so that it appears in the chain of title Floodplain Administrator in the Office of the San Diego County Record
affected parcel of 1 and.
SECTION 2: That Title 21, Chapter 21.31 of the Carlsbad Municip;
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is repeal ed.
EFFECTIVE DATE: This chapter shall be effective thirty (30) days
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its adoption, and the City Clerk shall certify to the adoption of this c
and cause it to be pub1 ished at least once in the Carl sbad Journal 81i fifteen (15) days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsba
Council held on the 4th day of October , 1988, and then
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsba
Council held on the 11th day of October , 1988
following vote, to wit:
AYES: Council Members Lewis, Pettine, Mamaux and Larson
NOES: None
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18 ABSTAIN: Council Member
ABSENT: None
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ATTEST:
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ALETHA L. RAUTENKRANZ, City Clerk! (SEAL)
APPROVED AS TO FROM AND LEGALITY:
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