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-