Loading...
HomeMy WebLinkAbout1975-10-07; City Council; 3485; Rezone Properties with Flood-Plain Overlay ZoneC .w*^ CITY OF CARLSBAD AGENDA BILL NO. ^Ho*^ . Initial: DATE: October. 7. 1975 PLANNINGDEPARTMENT:HLAHNlNfa Subject: REQUEST T0 REZONE CERTAIN PROPERTIES WITH FLOOD-PLAIN (FP) OVERLAY ZONE - Case Nos. ZC-161, 162, 163 - Applicant: City of Carlsbad Statement of the Matter The Planning Commission after Public hearings on August 27th and September 10th, 1975, is recommending approval of the subject rezoning request to Flood-Plain (F-P) Overlay within the City of Carlsba'd. The proposed rezoning involves those properties in the City of Carlsbad which, lie within the 100 year flood limits as established and defined by the U. S. Corps of Engineers,' San Diego County Flood Control District and the Federal Insurance Administration Flood Insurance Program. Only those parcels currently within the City of Carlsbad city limits are subject to the rezoning program.- The proposed rezoning implements the appropriate section of the Federal Flood Insurance Program by implementing land use controls on property subject to inun- dation of the 100 year flood occurance. The proposed rezoning meets the policy as set by the Open Space & Conservation, Geologic, Hazards, Seismic Safety, and Public Safety Elements. The Planning Commission is recommending, approval for reasons and subject to conditions as outlined in Planning Commission Resolutions 1181, 1182 and 1183. Exhibits: Memorandum to City Manager dated 9-24-75. Planning Commission Resolutions 1181, 1182 and 1183 Planning Department Staff Reports of September 10, 1975 and August 27, 1975, Recommendation: If the City Council concurs with the findings and recommendations of the Planning Commission as outlined in Planning Commission-Resolution Nos. 1181, 1182, and 1183, it is recommended that the City Council approve the subject requests for reasons and subject to conditions of Planning Commission Resolutions Nos. 1181, 1182 and 1183, and instruct the City Attorney to prepare the necessary documents. Additionally, consider referring to Planning Commission for Public Hearing, the proposed amendments to the Flood Plain Overlay Zone . <a outlined in the-Planning. Director's memo to City Manager dated 9-24-75^ » \ \S> ^Council Action See page two. • Council Action The Council instructed the City Attorney to prepare the necessary documents for the zone changes and further the matter was referred to the Planning Commission for Public Hearing to consider the amend- ment to the Flood Plain overlay zone. V' MEMORANDUM September 24, 1975 TO: CITY MANAGER FROM: PLANNING DIRECTOR SUBJECT: REQUEST FOR CITY COUNCIL TO INITIATE PROPOSED F-P (Flood Plain) ORDINANCE AMENDMENT CONCURRENTLY WITH F-P REZONING CASES ZC 161, 162, and 163. The Planning Director, in his report to the City Council on ZC 161, 162 and 163 (Flood Plain Rezonings), did not make specific reference to a proposed ordinance amendment to Chapter 21.31 (F-P Zone) which was brought to the attention of the Planning Commission at the hearing of September 10, 1975. Due to the mandatory insurance requirements, which may be very costly, if not prohibitive to many property owners, every opportunity should be afforded to remove a property owner from the F-P Zone designation and FIA maps, if it is determined that the property and the proposed or ex- isting development, as a result of appropriate engineering measures or as a result of more recent information is determined to be not in the flood plain. As the F-P Zone does not make provisions for the City initiated rezonings in the above mentioned examples, it is suggested that the following two sections be added to Chapter 21.31 (F-P Zone) of the Zoning Ordinance: A) Section 21.31.101 (add): "When the City Engineer has determined that a property has actually been removed from the flood-prone area through suitable engineering mearures, the property owner may request that the Planning Commission initiate a Zone Change to remove the F-P Designation from the property. Appropriate documentation shall also be forwarded to the Federal Insurance Administration to insure removal of the property from the Federal Flood Hazard Boundary Maps. B) Section 21.31.102 (add .): Upon receipt of the City Engineer of information which shows that a property which is zoned F-P is not subject to flooding, the Planning Commission shall initiate a Zone Change to remove the F-P designation from the property and appropriate documentation to insure removal of the property from the Federal Flood Hazard Maps." RECOMMENDATION: That the City Council, concurrently with Action on ZC-161, 162, and 163, initiate the proposed Ordinance Amendments to Chapter 21.31 (F-P Zone) of the Zoning Ordinance of the City of Carlsbad. Donald A. Agatep DAA/vb -2- 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 W PLANNING COMMISSION RESOLUTION NO. 1181 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDATIONS RELATIVE TO REZONING OF CERTAIN PROPERTIES LOCATED WITHIN THE 100-YEAR FLOOD PLAIN OF THE BUENA VISTA LAGOON BY APPLICATION OF A FLOOD PLAIN (F-P) OVERLAY ZONE. CASE NO.: ZC-161 WHEREAS, the Planning Commission did on the 10th day of September, 1975, hold a duly noticed public hearing as prescribed by law to consider the application of a Flood Plain (F-P) Overlay Zone to certain properties; and WHEREAS, the subject Zone Change has complied with the requirements of the City of Carlsbad "Environmental Protection Ordinance, of 1972"; and WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, said Commission considered all factors relating to the Zone Change and found the following facts and reasons to exist: (1) The Zone Change is justified because it will implement the goals and objectives of the Land Use Plan (Open Space Land Use category) and the Geological Seismic Safety Element which recognize flood hazard areas, and will require special management approach to protect present and future inhabitants from these environmental hazards. .(2) Application of a Flood Plain Overlay (F-P) Zone is mandatory under the provision of Section 65860 of the Government Code, which requires consistency of the Zoning Ordinance and the General Plan. (3) This Zone Change will be in the interest of the furtherance of the public welfare because it may protect life and property in areas which are subject to flood water inundation by requiring flood protection measures as deemed necessary by the City Engineer. Protection measures are based on latest technical and engineering data available. (4) The permitted uses in this proposed reclassification will not be detrimental to surrounding properties because they will not change present or proposed uses for affected or surrounding properties. (5) Application of flood protection measures established under the Flood Plain (F-P) Overlay Zone is mandatory under the provisions of the National Flood Insurance Act of 1968 and is a partial requirement that must be completed by the community to become eligible and .to remain eligible for the flood insurance 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 WHEREAS, the proposed zone change is consistent with the Carlsbad Environmental Protection Ordinance of 1972 because: (1) The proposed rezoning has been found to have an insignificant environmental impact. (2) A negative declaration has been filed by the Planning Director. WHEREAS, the properties considered under this zone change are located with in the Buena Vista Creek Flood Plain area, generally lying between the Atchison, Topeka and Santa Fe Railroad right-of-way and the easterly city boundary as shown on Exhibits 1 through 11 inclusive, dated September 10, 1975, on file in the Planning Department of the City of Carlsbad; and WHEREAS, the Planning Commission, pursuant to the provisions of Section 21.31.030 of Chapter 21.31, Flood Plain Zone, finds that the limits of the F-P Zone may be based on either the limits of the Standard Project Flood or the 100-year Flood, whichever is determined applicable by the City; and WHEREAS, the 100-year Flood Plain Limits are used on San Diego County Flood Control, U.S. Corps of Engineers and Federal Insurance Administration Maps the Planning Commission recommends that: For the purposes of defining the limits of the F-P Zone on each property described in this resolution, the City Engineer shall use the 100-year flood elevations as shown in the Department of the Army, Los Angeles District, Corps of Engineers Flood Plain Information Reports for Buena Vista (July, 1973) Agua Hedionda (July, 1973) and San Marcos Creeks (April, 1971) together with other, updated information which may become available subsequently. WHEREAS, the Planning Commission further finds that due to the mandatory flood plain insurance requirements, which may be very costly to many property owners, every opportunity should be afforded to affected property owners to • be removed from the Flood Plain zone designations and Federal Insurance Administration Flood Hazards Maps, if it is determined that the property and the -2- .1 proposed or existing development as a result of appropriate engineering measures 2 or as a result of more recent information is not subject to inundation. 3 The Planning Commission therefore recommends that: 4 (1) Only that portion of each parcel of land lying in the designated flood plain, as determined by the Planning Commission, after report 5 by the City Engineer, shall be subject to the provisions of Chapter 21.31 of the City of Carlsbad Zoning Ordinance.6 (2) If it is determined by the City Engineer or Planning Commission that the property is not subject to inundation, the City of Carlsbad shall initiate a Zone Change to eliminate the F-P Overlay Zone from the 8 property. 9 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of 10 Carlsbad as follows: 11 A) That the above recitations are true and correct. 12 B) That this zone change to appy an F-P Overlay Zone to the underlying zones of the various properties described in this application is 13 recommended for approval. 14 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 15 Commission on September 10, 1975 by the following vote, to wit: 16 AYES: Commissioners Watson, Dominguez, Packard and Jose 17 NOES: None 18 ABSENT: None 19 ABSTAIN: Commissioners Fikes, Larson, L'Heureux 20 21 E.H. Jose Jr., Chairman 22 ATTEST: 23 24 Donald A. Agatep, Secretary 25" 26 27 28 H -3- .1 2 5 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. 1182 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDATIONS RELATIVE TO REZONING OF CERTAIN PROPERTIES LOCATED WITHIN THE 100-YEAR FLOOD PLAIN OF THE AGUA HEDIONDA LAGOON BY APPLICATION OF A FLOOD PLAIN (F-P) OVERLAY ZONE. CASE NO.: ZC-162 WHEREAS, the Planning Commission did on the 10th day of September, 1975, hold a duly noticed public hearing as prescribed by law to consider the application of a Flood Plain (F-P) Overlay Zone to certain properties; and WHEREAS, the subject Zone Change has complied with the requirements of the City of Carlsbad "Environmental Protection Ordinance of 1972"; and WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, said Commission considered all factors relating to the Zone Change and found the following facts and reasons to exist: (1) The Zone Change is justified because it will implement the goals and objectives of the Land Use Plan (Open Space Land Use Category) and the Geological Seismic Safety Element which recognize flood hazard areas, and will require special management approach to protect present and future inhabitants from these environmental hazards. (2) Application of a Flood Plain Overlay (F-P) Zone is mandatory under the provision of Section 65860 of the Government Code, which requires consistency of the Zoning Ordinance and the General Plan. (3) This Zone Change will be in the interest of the furtherance of the public welfare because it may protect life and property in areas which are subject to flood water inundation by requiring flood protection measures as deemed necessary by the City Engineer. Protection measure: are based on latest technical and engineering data available. (4) The permitted uses in this proposed reclassification will not be detrimental to surrounding properties because they will not change present or proposed uses for affected or surrounding properties. (5) Application of flood protection measures established under the Flood Plain (F-P) Overlay Zone is mandatory under the provisions of the National Flood Insurance Act of 1968 and is a partial requirement that must be completed by the community to become eligible and to remain eligible for the flood insurance program. .1 WHEREAS, the proposed Zone Change is consistent with the Carlsbad 2 Environmental Protection Ordinance of 1972 because: 3 (1) The proposed rezoning has been found to have an insignificant Environmental Impact. 4 (2) A negative declaration has been filed by the Planning Director.5 6 WHEREAS, the properties considered under this Zone Change are located 7 within the Agua Hedionda Creek Flood Plain area, generally lying easterly of 8 Carlsbad Boulevard (Agua Hediond Lagoon) and the Easterly City boundary as 9 shown on Exhibits 1 through 17 inclusive, dated September 10, 1975, on file in 10 the Planning Department of the City of Carlsbad; and 11 WHEREAS, the Planning Commission pursuant to the provisions of Section 12 21.31.030 of Chapter 21.31, Flood Plain Zone, finds that the limits of the 13 F-P Zone may be based on either the limits of the Standard Project Flood or the 14 100 year flood, whichever is determined applicable by the City; and 15 WHEREAS, the 100 year flood plain limits are used on San Diego County 16 Flood Control, U.S. Corps of Engineers and Federal Insurance Administration 17 Maps, the Planning Commission recommends that: 18 For the purposes of defining the limits of the F-P Zone on each property 19 described in this Resolution, the City Engineer shall use the 100 year flood 20 elevations as shown in the Department of the Army, Los Angeles District, Corps 21 of Engineers Flood Plain Information Reports for Buena Vista (July, 1973), 22 Agua Hedionda (July, 1973, and San Marcos Creek (April, 1971) together with 23 other updated information which may become available subsequently. 24 WHEREAS, the Planning Commission further finds that due to the mandatory 25 flood plain insurance requirements, which may be very costly to many property 26 owners, every opportunity should be afforded to affected property owners to 27 be removed from the Flood Plain Zone designations and Federal Insurance 28 Administration Flood Hazards maps, if it is determined that the property and the -2- .1 2 3 4 5 6 7 & 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 proposed or existing development as a result of appropriate engineering measures or as a result of more recent information is not subject to inundation. The Planning Commission therefore recommends that: (1) Only that portion of each parcel of land lying in the designated flood plain, as determined by the Planning Commission, after report by the City Engineer, shall be subject to the provisions of Chapter 21.31 of the City of Carlsbad Zoning Ordinance. (2) If it is determined by the City Engineer or Planning Commission that the property is not subject to inundation, the City of Carlsbad shall initiate a Zone Change to eliminate the F-P Overlay Zone from the property. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the above recitations are true and correct. B) That this Zone Change to apply an F-P Overlay Zone to the underlying zones of the various properties described in this application is recommended for approval. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission on September 10, 1975 by the following vote, to wit: AYES: Commissioners Watson, Dominguez, Packard and Joe NOES: None ABSENT: None ABSTAIN: Commissioners Fikes, Larson, L'Heureux ATTEST: E.H. Jose Jr., Chairman % Agatep, Secretary -3- 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 PLANNING COMMISSION RESOLUTION NO. 1183 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDATIONS RELATIVE TO REZONING OF CERTAIN PROPERTIES LOCATED WITHIN THE 100-YEAR FLOOD PLAIN OF THE SAN MARCOS CREEK BY APPLICATION OF A FLOOD PLAIN (F-P) OVERLAY ZONE. CASE NO. ZC-163 WHEREAS, the Planning Commission did on the 10th day of September, 1975, hold a duly noticed public hearing as prescribed by law to consider the application of a Flood Plain (F-P) Overlay Zone to certain properties; and WHEREAS, the subject Zone Change has complied with the requirements of the City of Carlsbad "Environmental Protection Ordinance of 1972"; and WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, said Commission considered all factors relating to the Zone Change and found the following facts and reasons to exist: (1) The Zone Change is justified because it will implement the goals and objectives of the Land Use Plan (Open Space Land Use category) and the Geological Seismic Safety Element which recognize flood hazard areas, and will require special management approach to protect present and future inhabitants from these environmental hazards. (2) Application of a Flood Plain Overlay (F-P) Zone is mandatory under the provision of Section 65860 of the Government Code, which requires consistency of the Zoning Ordinance and the General Plan. (3) This Zone Change will be in the interest of the furtherance of the public welfare because it may protect life and property in areas which are subject to flood water inundation by requiring flood protection measures as deemed necessary by the City Engineer. Protection measures are based on latest technical and engineering data available. (4) The permitted uses in this proposed reclassification will not be detrimental to surrounding properties because they will not change present or proposed uses for affected or surrounding properties. (5) Application of flood protection measures established under the Flood Plain (F-P) Overlay Zone is mandatory under the provisions of the National Flood Insurance Act of 1968 and is a partial requirement that must be completed by the community to become eligible and to remain eligible for the flood insurance program. 1 WHEREAS, the proposed Zone Change is consistent with the Carlsbad 2 Environmental Protection Ordinance of 1972 because: 3 (1) The proposed rezoning has been found to have an insignificant environmental impact.4 (2) A negative declaration has been filed by the Planning Director.5 6 WHEREAS, the properties considered under this Zone Change are located 7 within the San Marcos Creek Flood Plain area, generally beginning approximately 8 2,000 feet west of El Camino Real to the easterly City boundary as shown on 9 Exhibits 1 through 12 inclusive, dated September 10, 1975, on file in the 10 Planning Department of the City of Carlsbad; and 11 WHEREAS, the Planning Commission, pursuant to the provisions of Section 12 21.31.030 of Chapter 21.31, Flood Plain Zone, finds that the limits of the 13 F-P Zone may be based on either the limits of the Standard Project Flood or the 14 100 year flood, whichever is determined applicable by the City; and 15 WHEREAS, the 100-year flood plain limits are used on San Diego County 16 Flood Control, U.S. Corps of Engineers and Federal Insurance Administration 17 Maps, the Planning Commission recommends that: 18 For the purposes of defining the limits of the F-P Zone on each property 19 described in this Resolution, the City Engineer shall use the 100-year flood 20 elevations as shown in the Department of the Army, Los Angeles District, Corps 21 of Engineers Flood Plain Information Reports for Buena Vista (July, 1973), 22 Agua Hedionda (July, 1973) and San Marcos Creek (April, 1971) together with 23 other updated information which may become available subsequently. 24 WHEREAS, the Planning Commission further finds that due to the mandatory 25 flood plain insurance requirements, which may be very costly to many property 26 owners, every opportunity should be afforded to affected property owners to 27 be removed from Flood Plain Zone designations and Federal Insurance 28 Administration Flood Hazards maps, if it is determined that the property and the -2- 1 proposed or existing developnent as a result of appropriate engineering measures 2 or as a result of more recent information is not subject to inundation. 3 The Planning Commission therefore recommends that: 4 (1) Only that portion of each parcel of land lying in the designated flood plain, as determined by the Planning Commission, after report 5 by the City Engineer, shall be subject to the provisions of Chapter 21.31 of the City of Carlsbad Zoning Ordinance. 6 (2) If it is determined by the City Engineer or Planning Commission that 7 the property is not subject to inundation, the City of Carlsbad shall initiate a Zone Change to eliminate the F-P Overlay Zone from the 8 property. 9 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of 10 Carlsbad as follows: 11 A) That the above recitations are true and correct. 12 B) That this zone change to apply an F-P Overlay Zone to the underlying zones of the various properties described in this application is 13 recommended for approval. 14 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 15 Commission on September 10, 1975, by the following vote, to wit: 16 AYES: Commissioners Watson, Dominguez, Packard and Jose 17 NOES: None 18 ABSENT None 19 ABSTAIN: Commissioners Fikes, Larson, L'Heureux 20 21 E.H. Jose Jr., Chairman 22 ATTEST: 23 24 25 26 M Donald A. Agatep, Secretary 27 28 -3- I/ HEMORANDUM September 10, 1975 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: ADDENDUM REPORT TO F-P REZONING REPORT-ZC-161,162,163. Per direction of the Planning Commission, the Staff has reviewed the U. S. Corps of Engineers flood plain information reports for the Buena Vista, Aqua Hedionda and San Marcos Creeks and their application to the limits of the proposed F-P zone on various properties located within the.flood plain areas. The 10 feet elevation lines have been replotted along the northside of the Aqua Hedionda Lagoon area, since there was some question on the part of some property owners as to the accuracy of the topographic maps which were used. The proposed F-P line has been revised to correspond with the 10 feet elevation line where necessary. We have met with several of the property owners in order to clarify the requirements of the F-P Ordinance and the requirements of the Federal Insurance Administration's Flood Insurance Program. The project planner has contacted both the FHA in San Diego and the FIA regional representative in San Francisco, regarding flood insurance requirements, i.e. applicability, maximum limits and rates, etc. The following information was obtained: 1. The City must participate in the Federal Flood Insurance program in order to be eligible for or receive federal funding. No lending institutions will loan money on proposed developments shown in flood plain areas on Flood Hazard Boundary maps unless flood insurance is purchased and the development is flood proofed 2. Existing developments purchase insurance unless: in flood-prone areas do not have to a b c) An addition is built. The project is refinanced. The property is sold. 3. Maximum limits of insurance (under emergency will be effective until a rate study is completed municipality) are: program limits for each a) Single Family Residences b) All other developments: $35,000.00 $100,000.00 After the rate study is completed (study is done on a county-wide basis and will take approximately 42 months) limits of insurance may be increased and rates may be higher or lower depending on location of project in the flood-prone area. -1- c 4. Chargable rates (effective until rate study is completed) are: a) Single Family Residences: $.25 per $100 value. b) All other developments: $.40 per $100 value. (These are "subsidized" rates) 5. No insurance is available until City's application is approved by the Federal government. 6. Development is permitted in the flood plain provided low- est floor elevation (including basement area) is elevated to or above the level of the 100-year flood. 7. No buildings will be allowed in the flood-way -- flood-way will be determined during rate study. 8. FIA will amend Flood Plain Maps from time to time to remove land from Flood Plain (and mandatory flood insurance requirement) upon receipt and verification of documented proof that property is no longer in the flood plain. Due to the mandatory insurance requirements, which may be very costly, if not prohibitive to many property owners, every opportunity should be afforded to remove a property owner from the F-P zone designation and FIA maps, if it is determined that the property arid the proposed or existing development, as a result of appropriate engineering measures or as a result of more recent information is determined to be not in the flood plain. As the F-P zone does not make provisions for City initiated rezonings in the above mentioned examples, it is suggested that the following two sections be added to Chapter 21.31 (F-P Zone) of the Zoning Ordinance: A. Section 21.31.101 (add): "When the City Engineer has determined that a property has actually been removed from the flood-prone area through suitable engineering measures, the property owner may request that the Planning Commission initiate a zone change to remove the F-P designation from the property. Appropriate documentation shall also be forwarded to the Federal Insurance Administration to insure removal of the property from the Federal Flood Hazard Boundary Maps. B. Section 21.31.102 (added): Upon receipt and determination of the City Engineer of information which shows that a property which is zoned F-P is not subject to flooding, the Planning Commission shall initiate a zone change to remove the F-P designation from the property and appropriate documentation shall be forwarded to the Federal Insurance Administration to insure removal of the property from the Federal Flood Hazard Maps." -2- RECOMMENDATION: If the Planning Commission concurs with the above two ordinance amendments, it is recommended that they be forwarded to the City Council as part of the F-P rezoning action for their consideration and action. For your information we have included four exhibits which explain various definitions pertaining to the Flood Plain zon-e as well as samples of encroachments in the flood-way and flood plain. Refer to exhibits 1, 2, 3 and 4 as attached. -3- FLOOD PLAIN (Limits of Standard Project Flood) C.IL. FLOOD WAY: Channel of a river or other water course and the adjacent land areas required to carry and discharge a flood of a given magnitude (100-year flood elevation under the F-P Zone design criteria) -- width varies. FLOOD PLAIN: The relatively flat area or lowlands adjoining the channel or a river, stream, or a watercourse, an ocean or a lake, or other body of standing water that have been or may'be covered by floodwater. STANDARD PROJECT FLOOD: The flood that may be expected from the most severe combination of meteorologic and hydrologic conditions that is considered reasonably characteristic of the geographic area in which the drainage basin is located, exclud- ing extremely rare combinations. INTERMEDIATE REGIONAL FLOOD (100-YEAR FLOOD): A flood having an average frequency of occurence of once in 100 years, although the flood may occur in any one year or more than once in one year. EXHIBIT 1 c O O O C\J T3cuinoO. O -oa>•a Os_ Q. •aaj -!->-p •l™"ei_<ua. -a 0} Oo S- Q. Q. to -a -ao oo o M- in O-r- 4J 4-> C C 0) <Ue £a. Q.o o cu cu> >a) QJa x> aoo oa:o o2:<c V-Z UJ2: Ou O toro <Ui. 0)<us-o t-o rd 0) S- 4-> CO •a;_jo_ ooo CO +J •r- .0 X UJ O «*l3?JOlo| 01 </> <0\ 0>1s-i °leCl Ot 0^1 co 0) (Oto > EO OJ (O x UJ o <u s-t~ -Mo. <u wo-a ra c OJ <4- 5T3 J- O •r- 3TD > «/> O t- S- S- Oa. a>•-M e cu a) +J OJ -M •i- JE COE •*-> a. S- 3a> cu o. co ••-* nj s- o5 o ca.c •O-r- >, O C O •»-> fO i— O tf- C -4-><d O V) 4J <U +Jcoo •i- T3 O «*- 4J CC O r- <U T- E 4J C J= O n303^: CO S- 4-> O 4Js_ to cu o c $-coouj o E CITY OF CARLSBAD PLANNING DEPARTMENT ADDENDUM REPORT TO FLOOD PLAIN OVERLAY (F-P) REZONING REPORT AUGUST 27, 1975 TO: PLANNING COMMISSION FROM: PLANNING DIRECTOR SUBJECT: ADDENDUM REPORT TO F-P REZONING REPORT, AUGUST 27, 1975 - REQUIRED LAND USE AND CONTROL MEASURES FOR FLOOD-PRONE AREAS Several property owners are concerned-about the apparent lack of guidelines to guide the City Engineer in his review and requirements for flood-proofing of structures, and for developments in areas which are to be zoned Flood- Plain. The Federal Insurance Administration requirements for Land Use and Control measures in identified flood ways/flood plains are quite explicit and must be followed by the City Engineer in order for the City to maintain it's eligibility for Flood Insurance. The type and quantity of information supplied by the Federal Insurance Administrator dictates the control measures which must be used by the City Engineer. In Carlsbad the following information is supplied: 1) Identification of the flood plain area 2) Water surface elevations for the 100 year flood 3) Flood-way data- . (The 100 year flood is defined as the highest level of flooding, that on the average, is likely to occur once every 100 years (i.e., that has a 1 percent chance of occuring each year)). It is also stated that current flood plain information report(s) prepared by the U.S. Corps of Engineers will be satisfactory in the determination of this data and corresponding Federal Insurance Land Use Control requirements. Since U.S. Corps of Engineers flood plain reports have been prepared and are available for Buena Vista, Agua Hedionda, and San Marcos Creek flood plains, the following requirements will apply and must be used and met by the City as part of the approval of development in flood prone areas. I. LAND USE AND CONTROL MEASURES REQUIRED BY FIA: a) Take into account flood plain management programs, if any, already in effect in neighboring areas; o b) Apply at a minimum to all areas identified by the Administrator as flood plain areas having special flood hazards; c) Provide that within the flood plain area having special flood hazards, the laws and ordinances concerning land use and control and other measures designed to reduce flood losses shall take precedence over any conflicting laws, ordinances, or codes; d) Require building permits for all proposed construction or other improvements in the flood plain area having special flood hazards; e) Review building permit applications for major repairs within the flood plain area having special flood hazards to determine that the proposed repair (i) uses construction materials and utility equip- ment that are resistant to flood damage, and (ii) uses construction methods and practices that will minimize flood damage; f) Review building permit applications for new construction or substantial improvements within the flood plain area having special flood hazards to assure that the proposed construction (including prefabricated and mobile homes) (i) is protected against flood damage, (ii) is designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure, (iii) uses construc- tion materials and utility equipment that are resistant to flood damage, and (iv) uses construction methods and practices that will minimize flood damage; g) Review subdivision proposals and other proposed new developments to assure that (i) all such proposals are consistent with the need to minimize flood damage, (ii) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated and constructed to minimize or eliminate flood damage, and (ii) adequate drainage is provided so as to reduce exposure to flood hazards; h) Require new construction or substantial improvements of residential structures within the area of special flood hazards to have the lowest floor (including basement) elevated to or above the level of the 100 year flood; i) Require new construction or substantial improvements of non-residential structures within the area of special flood hazards to have the lowest floor (including basement) elevated to or above the level of the 100-year flood or, together with attendant utility and sanitary facilities, to be floodproofed up to the level of the 100 year flood; j) Designate a floodway for passage of the water of the 100-year flood. The selection of the floodway shall be based on the principle that the area chosen for the floodway must be designed to carry the waters of the 100-year flood, without increasing the water surface elevation of that flood more than 1 foot at any point; -2- k) Provide that existing nonconforming uses in the floodway shall not be expanded but may be modified, altered, or repaired to incor- porate floodproofing measures, provided such measures do not raise the level of the 100-year flood; and 1) Prohibit fill or encroachments within the designated floodway that would impair its ability to carry and discharge the waters resulting from the 100-year flood, except where the effect on flood heights is fully offset by stream improvements. In addition to requirements which must be met prior to approval of developments in floodprone areas, other management and planning considerations are recommended in the Act, although they are not mandatory requirements, for your information, they are as follows: II. ADDITIONAL CONSIDERATIONS IN MANAGING FLOOD-PRONE AND MUDSLIDE-PRONE AREAS (RECOMMENDED) The purpose of these considerations are to encourage the formulation and adoption of overall comprehensive management plans for flood-prone and mudslide-prone areas. a) State and local development goals: State and local flood plain and mudslide area land use and control measures should contribute to social and economic development goals by: 1) Diverting unwarranted and unwise development av/ay from flood- prone and mudslide-prone areas; 2) Encouraging flood and mudslide control and damage abatement efforts through public and private means; 3) Deterring the unnecessary or improper installation of public utilities and public facilities in flood-prone and mudslide- prone areas; and 4) Requiring construction and land use practices that will re- duce flooding resulting from surface runoff, improper drainage, or inadequate storm sewers, and reduce the potential for mud- slides. b) Planning considerations for flood-prone areas. 1) The goals of the land use and control measures adopted by a community for flood plain areas should be: a) To encourage only that development of floodprone areas which: (1) Is appropriate in light of the probability of flood damage and the need to reduce flood losses. -3- (2) Is an acceptable social and economic use of the land in relation to the hazards involved. (3) Does not increase the danger to human life b) To discourage all other development. 2) In formulating community development goals and in adoption floodplain use and control measures, each community should consider at least the following factors: a) Importance of diverting future development to areas not exposed to flooding; b) Possibilities of reserving flood-prone areas for open space purposes; c) Possible adverse effects of flood plain development on other flood-prone areas; d) How to encourage floodproofing to reduce the flood hazard; e) Need for flood warning and emergency preparedness plans; f) Need to provide alternative vehicular access and escape routes to be utilized when normal routes are blocked or destroyed by flooding; g) Need to establish minimum floodproofing and access require- ments for schools, hospitals, nursing homes, penal institu- tions, fire stations, police stations, communications centers, water and sewage pumping stations, and other public or quasi- public institutions already located in the flood-prone area, to enable them to withstand flood damage, and to facilitate emergency operations; h) Need to improve local drainage and to control any increased runoff that might increase the danger of flooding or mud- slides elsewhere in the area; i) Need to coordinate local plans with neighboring flood plain and mudslide area management and conservation programs; j) Possibilities of acquiring land or land development rights for public purposes consistent with effective flood plain management; k) State and local water pollution control requirements; and 1) For riverine areas, the need for requiring subdividers to furnish delineations of limits of floodways before approving a subdivision. -4- o RECOMMENDATION: Since the Land Use and control measures required by the FIA are mandatory, the Planning Commission may wish to adopt them as a separate resolution for distribution and use by various City Agencies, Property Owners and Developers. MB/vb -5-