HomeMy WebLinkAbout1988-10-04; City Council; 9670; Revised Floodplain Management Regulations*.
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I- CI@ OF CARLSBAD - AGENW BILL r/ -
DEPT. H AB# qb 70 TITLE:
MTG. 10/4/88 ESTABLISHMENT OF REVISED FLOODPLAIN CITY AI
CITY Mc DEPT. ENG
RECOMMENDED ACTION:
MANAGEMENT REGULATIONS
Adopt Ordinance No. fiS-35 revising Floodplain Management Regu by repealing Title 21, Chapter 21.31 of the Carlsbad Municipal Code and Chapter 21.110.
ITEM EXPLANATION
As a condition of continued eligibility for participation in the Nation? Insurance Program (NFIP), communities must adopt a floodplain man ordinance which incorporates NFIP regulations. Failure to adopt ordinance will result in suspension from the program. Flood insurance be purchased or renewed for property within suspended communities. In ac Federal officers and agencies will be prohibited from approving any form I related disaster assistance grants or loans.
The Model Floodplain Management Ordinance for California Communities [ by the Cal ifornia Department of Water Resources was uti1 ized as a guidt preparation of the proposed ordinance to ensure compliance wit requirements. The proposed ordinance would repeal Title 21, Chapter F-P Floodplain Overlay Zone, as Chapter 21.110, Floodplain Mar Regulations, provides more comprehensive regulations for developr fl oodpl ai ns.
The NFIP requires that community floodplain management regulations ? properties lying within boundaries established by the Federal Ei
Management Agency and the Federal Insurance Agency in the Flood Insuran for the City of Carl sbad dated April 1983. Chapter 21.31, appl ies to pr lying within boundaries established by City Council. Chapter 21.110, the boundaries established in the Flood Insurance Study as required by t
One major difference between boundaries is that Chapter 21.110 extends Hedionda Floodplain further east along Agua Hedionda Creek than does 21.31. Chapter 21.110 also includes all of Batiquitos Lagoon while Chapt includes only a small area of that lagoon.
The Planning Commission has reviewed the ordinance and at their reqi designated as the Floodplain Administrator responsible for granting and special use permits for development in floodplains. The City Council sh appeals of Planning Commission decisions.
The P1 anni ng Commission has approved Resol uti on Number 2764 recommenc Council adoption of the Ordinance.
ENVIRONMENTAL IMPACT:
Adoption of the ordinance is exempt from environmental clearance prov- the California Environmental Quality Act under Section 15308 as it is i by a regulatory agency for protection of the environment.
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FISCAL IMPACT
The City will fail to qualify for Federal flood related disaster assistanc or grants if floodplain management regulations are not adopted in complian NFIP requirements.
EXHIBIT
1. Ordinance No. fls - 39 revi sing F1 oodpl ai n Management Regu by repealing Title 21, Chapter 21.31 of the Carlsbad Municipal C adding Chapter 21.110.
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ORDINANCE NO. n5-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING CHAPTER 21.31 AND ADDING CHAPTER 21.110 TO TITLE 21 OF THE CARLSBAD MUNICIPAL CODE ESTABLISHING FLOODPLAIN MANAGEMENT REGULATIONS
The City Council of the City of Carlsbad, California, does or
follows:
SECTION 1: That Title 21, Chapter 21.110, of the Carlsbad Municil
is added to read as follows:
ChaDter 21.110
FLOODPLAIN MANAGEMENT REGULATIONS
Sections:
21.110.010 21.110.020 Findings of Fact
21.110.030 Statement of Purpose
21.110.040 21.110.050 Definitions 21.110.060 General Provi sions
21.110.070 Basis for Establishing the Areas of Specia
21.110.080 Compl i ance 21.110.090 Abrogation and Greater Restrictions
21.110.100 Interpretation 21,110,110 Warning and Disclaimer of Liability
21.110.120 Severabi 1 i ty 21.110.130 Special Use Permit
21.110.140 Designation of the Floodplain Administrator 21.110.150 Duties and Responsibility of the F1 Administrator. 21.110.160 Standards of Construction
21.110.170 Standards for Utilities 21.110.180 Standards for Subdivisions
21.110.190 Standards for Manufactured Homes
21.110.200 F1 oodways
21.110.210 Coastal High Hazard Areas 21.110.220 21.110.230 21.110.240 Appeal Board 21.110.250 Conditions for Variances
21.110.010 Statutorv Authorization. This chapter is
Statutory Aut hori zat i on
Methods of Reducing F1 ood Losses
Hazard.
i
Mudslide (i .e., Mudflow)-Prone Areas F1 ood-Re1 ated Erosion-Prone Areas
pursuant to the legislative authority set forth in Government Code
65302, 65560 and 65800 which conferred upon local government units aut}
adopt regulations designed to promote the public health, safety, and 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 p inundation which results in loss of life and property, health and
hazards, disruption of commerce and governmental services, extraordinary expenditures for flood protection and relief, and impairment of the ta all of which adversely affect the public health, safety and general we1 (b) These flood losses are caused by the cumulative eff obstructions in areas of special flood hazards which increase flood heig velocities, and when inadequately anchored, damage uses in other areas that are inadequately floodproofed, elevated or otherwise protected fro damage also contribute to the flood loss.
21.110.030 Statement of Purpose It is the purpose c chapter to promote the public health, safety and general welfare, minimize public and private losses due to flood conditions in specific i provisions designed:
(1) To protect human life and health; (2) To minimize expenditure of public money for costly flood projects ;
(3) To minimize the need for rescue and relief efforts associa. flooding and generally undertaken at the expense of the general public
(4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such l and gas mains, electric, telephone and sewer lines, streets and bridges in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the set and development of areas of special flood hazard so as to minimize futui blight areas;
(7) To insure that potential buyers are notified that property area of special flood hazard: and (8) To insure that those who occupy the areas of special flooc assume responsibility for other actions. (9) Recognize floodplain areas as potential open space resoui encourage compatible open space uses wherever possible.
21.110.040 Methods of Reducinq Flood Loses. In order to accomr purposes, this chapter includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to safety, and property due to water or erosion hazards, or which r( damaging increases in erosion or flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including faciliti serve such uses, be protected against flood damage at the time of construction;
(3) Controlling the alteration of natural floodplains, stream c and natural protective barriers, which help accommodate or channel flooc
(4) Controlling filling, grading dredging, and other developme may increase flood damage; and,
(5) Preventing or regulating the construction of flood barrie will unnaturally divert flood waters or which may increase flood ha other areas.
21.110.050 Definitions For the purposes of this chapter the f words and phrases have the meaning respectively ascribed to them section:
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(1) "Appeal/' means a request for a review of the Flc Administrator's interpretation of any provision of this chapter or a for a variance.
(2) "Area of shallow flooding" means a designated AO, AH, or VO the Flood Insurance Rate Map (FIRM). The base flood depths range frorr
unpredictable and inderminate; and velocity flow may be evident.
(3) "Area of special flood-related erosion hazard" is the area to severe flood-related erosion losses. The area is designated as Zone I Flood Insurance Rate Map (FIRM). (4) "Area of special flood hazard" - See "Special flood hazard (5) "Area of special mudslide (i.e., mudflow) hazard" is t subject to severe mudslides (i.e., mudflows). The area is designated M on the Flood Insurance Rate Map (FIRM).
(6) 'fBase flood" means the flood having a one percent chance ( equalled or exceeded in any given year (also called the "100-year flooc (7) "Basement" means any area of the building having its floor ! (below ground level) on all sides.
(8) "Breakaway walls" are any type of walls, whether solid or - and whether constructed of concrete, masonry, wood, metal, plastic or ai suitable building material which is not part of the structural supporl building and which is designed to break away under abnormally high tides action without causing any damage to the structural integrity of the I on which they are used or any buildings to which they might be carried I 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 bi walls must be certified by a registered engineer or architect and shi the following conditions: (A) Breakaway wall collapse shall result from a water 1( than that which would occur during the base flood; and (B) The elevated portion of the building shall not ir structural damage due to the effects of wind and water loads simultaneously in the event of the base flood. ' (9) "Coastal high hazard area" is the area subject to high ! 1 waters, including coastal and tidal inundation or tsunamis. The i designated on a Flood Insurance Rate Map (FIRM) as Zone Vl-V30, VE or '
(10) "Development" means any man-made change to improved or un real estate, including but not limited to buildings or other structures, dredging, filling, grading, paving, excavation or drilling operations. (11) "Flood or flooding" means a general and temporary condi
(A) the overflow of flood waters,
(8) the unusual and rapid accumulation or runoff of surfac from any source, and/or (C) the collapse or subsidence of land along the shore of a other body of water as a result of erosion or cycl ical 1 eve1 s or sudden1 by an unusually high water level in a force of nature, such as flash an abnormal tidal surge, or by some similarly unusual and unforeseeab j which results in flooding as defined in this definition. "Flood Boundary and Floodway Map" means the official map w Federal Emergency Management Agency or Federal Insurance Admi ni strai delineated both the areas of flood hazard and floodway.
the Federal Emergency Management Agency or Federal Insurance Admini stra delineated both the areas of special flood hazards and the risk premi applicable to the community.
three feet: a clearly defined channel does not exist: the path of floc
partial or complete inundation of normally dry land areas due to!
(12)
(13) "Flood Insurance Rate Map (FIRM)" means the official map
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(14) "Flood Insurance Study" means the official report provided Federal Insurance Administration that includes flood profiles, the FII Flood Boundary and Floodway Map, and the water surface elevation of tt flood.
(15) "Floodplain or Flood-prone Area" means any land area suscept being inundated by water from any source (see definition of "flooding") (16) "Floodplain Management'' means the operation of any overall 1 of correct i ve and prevent i ve measures of reduci ng fl ood damage, i ncl ud
not limited to emergency preparedness plans, flood control works and flo management regulations. (17) "Floodplain Management Regulations" means zoning ch subdivision regulations, building codes, health regulations, special chapters (such as floodplain chapter, grading chapter and erosion chapter) and other applications of police power. The term describes SUC or local regulations in any combination thereof, which provide standards
purpose of flood darnage prevention and reduction. (18) "Floodproofing" means any combination of structuri nonstructural additions, changes, or adjustments to structures which rc eliminate flood damage to real estate or improved real property, wa sanitary facilities, structures and their contents. "Floodway" means the channel of a river or other watercourse adjacent land areas that must be reserved in order to discharge the ba: without cumulatively increasing the watersurface elevation more than or A1 so referred to as "Regulatory floodway". "Functionally Dependent UseN means a use which cannot perf intended purpose unless it is located or carried out in close proxi water. The term includes only docking facilities, port facilities t necessary for the loading and unloading of cargo or passengers, a building and ship repair facilities, but does not include long-term st( related manufacturing facilities. "Highest Adjacent Grade" means the highest natural elevatioi ground surface prior to construction next to the proposed walls of a st) "Lowest Floor" means the lowest floor of the lowest enclo:
for parking or vehicles, building access or storage in an area other basement area is not considered a building's lowest floor; provided, tl enclosure is not built so as to render the structure in violation applicable non-elevation design requirements of this chapter. "Manufactured Home" means a structure, transportable in one sections, which is built on a permanent chassis and is designed for use without a permanent foundation when connected to other required uti1 iti
fl oodpl ai n management purposes the term "manufactured home" a1 so i ncl u trailers, travel trailers and other similar vehicles placed on a ! greater than 180 consecutive days. (24) "Manufactured Home Park or Subdivision" means a par contiguous parcels) of land divided into two or more manufactured home
(25) "Mean Sea Level" means, for purposes of the National Flood I Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other d which base flood elevations shown on a community's Flood Insurance Rate referenced.
(26) "New Construction" means, for floodplain management p structures for which the "start of construction" commenced on or a effective date of a floodplain management regulation adopted by this ca
(19)
(20)
(21)
(22) (including basement). An unfinished or flood resistant enclosure, usabll
(23)
, sale or rent.
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(27) "One Hundred Year Flood" or "100-year flood" means a flood wt a one percent annual probability of being equalled or exceeded. It is id to the "base flood", which will be the term used throughout this chapte (28) "Person" means an individual or his agent, firm, partn association or corporation, or agent of the aforementioned groups, or thi or its agencies or political subdivisions. (29) "Remedy a Violation" means to bring the structure or development into compliance with State or local floodplain man
regulations, or, if this is not possible, to reduce the impacts noncompliance. Ways that impacts may be reduced include protect
enforcement provisions of the chapter or otherwise deterring future violations, or reducing Federal financial exposure with regard to the si or other development. (30) "Riverine" means relating to, formed by, or resembling (including tributaries), stream, brook, etc.
(31) "Sand Dunes" means naturally occurring accumulations of ridges or mounds landward of the beach.
(32) "Special Flood Hazard Area (SFHA)" means an area having flood or flood-related erosion hazards, and shown on an FHBM or FIRM as
AO, A1-30, AE, A99, AH, VO, Vl-V30, VE or V.
(33) "Start of Construction" includes substantial improvement, ai the date the building permit was issued, provided the actual s' construction, repair, reconstruction, pl acement, other improvement was
180 days of the permit date. The actual start means either the first p' 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 a foundation. Permanent construction does not include land preparatir
streets and/or walkways; nor does it include excavation for a b footings, piers, or foundations or the erection of temporary forms; nor include the installation on the property of accessory buildings, such as or sheds not occupied as dwelling units or not part of the main struct
(34) "Structure" means a walled and roofed building, including liquid storage tank that is principally above ground, as well as a manu
(35) "Substantial Improvement" means any repair, reconstruct improvement of a structure, the cost of which equals or exceeds 50 pe the market value of the structure either:
(A) before the improvement or repair is started; or (B) if the structure has been damaged, and is being r before the damage occurred. For the purposes of this definition "substantial improve1 considered to occur when the first alteration of any wall, ceiling, f other structural part of the building commences, whether or not that a1 affects the external dimensions of the structure. The term does not, include either* (Aj any project for improvement of a structure to com existing state or local health, sanitary, or safety code specificatio are solely necessary to assure safe living conditions; or (B) any alteration of a structure listed on the National of Historic Places or a State Inventory of Historic Places. (36) "Variance" means a grant of relief from the requirements chapter which permits construction in a manner that would other prohibited by this chapter.
structure or other affected development from flood damages, implement
as clearing, grading and filling; nor does it include the install;
1 home.
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(37) "Violation" means the failure of a structure or other deve to be fully compliant with the community's floodplain management regul, A structure or other development without the elevation certificate, certifications, of other evidence of compliance required in this char presumed to be in violation until such time as the documentation is pro'
21.110.060 Land to Which this ChaPter Amlies. This chapter shal to all areas of special flood hazards, areas of flood-related erosion and areas of mudslide (i.e., mudflow) hazards within the jurisdiction I 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 portion lying within those areas.
21.110.070 Basis for Establishins the Areas of SDecial Flood Hazar areas of special flood hazard, areas of flood-related erosion hazards an
of mudslide (i.e., mudflow) hazards are identified by the Federal Em Management Agency or the Federal Insurance Administration in a scienti engineering report entitled "Flood Insurance Study for City of Carlsba 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 applicability of this chapter and may be supplemented by
for other areas which allow implementation of this chapter and wh recommended to the City Council by the Floodplain Administrator. Special Flood Hazard Areas indicated on Flood Insurance Rate M amended, for the City of Carlsbad shall be referenced on the City Zonin
21.110.080 Comuliance. No structure or land shall hereaf constructed, located, extended, converted, or altered without full CON with the terms of this chapter and other applicable regulations. Violat the provisions of this chapter by failure to comply with any of its requi (including violations of conditions and safeguards established in con with conditions) shall constitute a misdemeanor. Nothing herein shall the City Council from taking such lawful action as is necessary to F
21.110.090 Abroqation and Greater Restrictions. This chap not intended to repeal, abrogate, or impair any existing easements, cot or deed restrictions. However, where this chapter and another 4 easement, covenant, or deed restriction conflict or overlap, whichever
21.110.100 Interuretation. In the interpretation and applica
(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 grant1 state statues.
21.110.110 Warninq and Disclaimer of Liabil i tv. The degree protection required by this chapter is considered reasonable for re' purposes and is based on scientific and engineering considerations. floods can and will occur on rare occasions. Flood heights may be incr man-made or natural causes. This chapter does not imply that land out areas of special flood hazards, areas of flood-related erosion hazards a
1 enjoin or remedy any violations.
the more stringent restrictions shall prevail.
this chapter, all provisions shall be:
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of mudslide (i.e., mudflow) hazards or uses permitted within such areas free from flooding or flood damages. This chapter shall not create li on the part of City of Carlsbad, any officer or employee thereof, or the Insurance Administration, for any flood damages that result from reli this chapter or any administrative decision lawfully made thereunder,
21.110.120 Severability. This chapter and the various parts are hereby declared to be severable. Should any section of this cha declared by the courts to be unconstitutional or invalid, such decisic not affect the validity of the chapter as a whole, or any portion therec than the section so declared to be unconstitutional or invalid.
A Special Use Permit shall be ( in addition to any other required permits or entitlements before cons1 or development begins within any area of special flood hazards, areas 01 related erosion hazards or areas of mudslide (i.e., mudflow) establi
Section 21.110.070. The filing fees for a special use permit shall b
Special Use Permit shall be made on forms furnished by the Flc Administrator and may include, but not be limited to: plans in duplical to scale showing the nature, location, dimensions, and elevation of the questions; existing or proposed structures, fill , storage of materials, ( facilities; and the location of the foregoing. Specifically, the f( information is required: (1) Proposed elevation in relation to mean sea level , of thc floor (including basement) of all structures; in Zone A0 or VO, elev: highest adjacent grade and proposed elevation of lowest floor of all stri (2) Proposed elevation in relation to mean sea level to wh structure will be fl oodproofed; (3) All appropriate certifications listed in Section 21.110.lf this chapter; and
(4) Description of the extent to which any watercourse will be or relocated as a result of proposed development; (5) Environmental impact assessment (one copy only) ;
(6) Environmental impact report (twenty copies) , if required.
21.110.140 Desisnation of the FloodDlain Administrator. The
21.110.130 SDeci a1 Use Permit
amount as the City Council may by resolution establish. Applicatio
Commission is hereby appointed to administer and implement this ch; granting or denying special use permits in accordance with its provis upon the advice of the City Engineer.
21.110.150 Duties and Resaonsibilities of the F1 Administrator. The duties and responsibilities of the fl administrator shall include, but not be limited to:
(A) Review all special use permits to determine that thl requirements of this chapter have been satisfied; (B) All other required state and federal permits ha obtained;
(C) (D) The proposed development does not adversely aff carrying capacity of areas where base flood elevations have been detera
a floodway has not been designated. For purposes of this chapter, “a affects” means that the cumulative effect of the proposed developmc combined with all other existing and anticipated development will not the water surface elevation of the base flood more than one foot at an
(1) Permit Review.
The site is reasonably safe from flooding.
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(2) Use of Other Base Flood 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
order to administer Sections 21.110.160 through 21.110.230. An, information shall be submitted to the City Council for adoption.
Notify adjacent communities and the California Depart] Water Resources prior to such alterations of relocation of a watercour submit evidence of such notification to the Federal Insurance Administr
Require that the flood carrying capacity of the altl relocated portion of said water course is maintained. (4) Obtain and maintain for public inspection and make avail; needed:
(A) the certification required in Section 2 1.110.160(3)(A) elevations) ; (B) the certification required in Section 21.110.10 (elevations in areas of shallow flooding); (C) the certification required in Section 21.110.1E (elevations or floodproofing of nonresidential structures); (D) the certification required in Section 21.110.160(3)( fl oodproof i ng standard) ; (E) the certified elevation required in Section 21.11C (subdivision standards); (F) the certification required in Section 21.110.200(1) (f encroachments) ; (G) the information required in Section 21.110.210(6) ( construction standards; and
standards).
elevation and floodway date available from a Federal, State or other sou
(3) Whenever a watercourse is to be altered to relocated:
(A)
(B)
(H) the reports required in Section 21.110.220(d) (
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(5) Make interpretations where needed, as to the exact locatior boundaries of the areas of special flood hazards, areas of flood-related hazards or areas of mudslide (i.e., mudflow) for example, where there
I to be a conflict between a mapped boundary and actual field conditions person contesting the locations of the boundary shall be given a re;
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opportunity to appeal the interpretation as provided in Sections 21.110, 21.110.250. (6) Take action to remedy violations of this chapter as speci Section 21.110.080 herein.
21.110.160 Standards of Construction In all areas of specii hazards the following standards are required: (1) "Anchoring" (A) All new construction and substantial improvements ! anchored to prevent flotation, collapse or lateral movement of the s resulting from hydrodynamic and hydrostatic loads, including the efi
buoyancy. (B) All manufactured homes shall meet the anchoring stan Sect i on 2 1.110.190.
(2) Construction Materi a1 s and Methods. (A) All new construction and substantial improvements I constructed with materials and utility equipment resistant to flood da (B) All new construction and substantial improvements constructed using methods and practices that minimize flood damage.
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(C) All new construction and substantial improvements s
constructed with electrical, heating, ventilation, plumbing and air condi equipment and other service facilities that are designed and/or locate to prevent water from entering or accumulating within the components conditions of flooding.
(D) Require with Zones AH, A0 or VO, adequate drainag around structures on slopes to guide flood waters around and away from I structures. "El evat i on and F1 oodproof i ng" (A) New construction and substantial improvement of any si shall have the lowest floor, including basement, elevated to or above i flood elevation. Nonresidential structures may meet the standards in 21.110.160(3)(C). Upon the completion of the structure the elevatior lowest floor including basement shall be certified by a registered profc engineer or surveyor, or verified by the City building inspector to be I elevated. Such certification or verification shall be provided Floodplain Administrator. (B) New construction and substantial improvement of any s in Zone A0 or VO shall have the lowest floor, including basement, elevat the highest adjacent grade at least as high as the depth number spec. feet on the FIRM, or at least two feet if no depth number is spl Nonresidential structures may meet the standards in Section 21.110.161 Upon completion of the structure the elevation of the lowest floor i
basement shall be certified by a registered professional engineer or s or verified by the City building inspector to be properly elevated certification or verification shall be provided to the Floodplain Admini (C) Nonresidential construction shall either be elev conformance with Section 21.110.160(3)(A) or 21.110.160(3)(B). or toget attendant utility and sanitary facilities:
(i) be floodproofed so that below the base flood 1 structure is watertight with walls substantially impermeable to the pa water; (ii) have structural components capable of r hydrostatic and hydrodynamic loads and effects of buoyancy; and
(iii) be certified by a registered professional eng architect that the standards of this subsection are satisfied. certifications shall be provided to the Floodplain Administrator. (D) Require, for all new construction and sub improvements, that fully enclosed areas below the lowest floor that are to flooding shall be designed to automatically equalize hydrostatic floc
for meeting this requirement must either be certified by a re professional engineer or architect or meet or exceed the following criteria: Either a minimum of two openings having a total of not less than one square inch for every square foot of enclosed area to flooding shall be provided. The bottom of all openings shall be n than one foot above grade. Openings may be equipped with screens, valves or other coverings or devices provided that they permit the a entry and exit of floodwaters; or (ii) Be certified to comply with a local flood standard approved by the Federal Insurance Administration. (E) Manufactured homes shall also meet the standards in 21.110.190.
(3)
on exterior walls by allowing for the entry and exit of floodwaters,
(i)
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21.110.170 Standards for Uti 1 i ti es
(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 thc hazard area and the elevation of the base flood. (b) All final subdivision plans will provide the elevation of p structure(s) and pads. If the site is filled above the base flood, th pad elevation shall be certified by a registered professional engir surveyor and provided to the Floodplain Administrator. (c) All subdivision proposals shall be consistent with the I minimize flood damage. (d) All subdivision proposals shall have public utilities and fac ! such as sewer, gas, electrical and water systems located and constru minimize flood damage.
to flood hazards.
21.110.190 Standards for Manufactured Homes. All new and rep1 manufactured homes and additions to manufactured homes shall:
(1) Be elevated so that the lowest floor is at or above the bas el evat i on ; and (2) Be securely anchored to a permanent foundation system to flotation, collapse or lateral movement.
21.110.200 Floodways. Located within areas of special flood established in Section 21.110.070 are areas designated as floodways. Si floodway is an extremely hazardous area due to the velocity of flood which carry debris, potential projectiles, and erosion potential, the fa provisions apply; (1) Prohibit encroachments, including fill, new constr substantial improvements, and other development unless certificatio
~ registered professional engineer or architect is provided demonstrati encroachments shall not result in any increase in flood levels dur
(2) If Section 21.110.200(1) is satisfied, all new construct substantial improvements shall comply with all other applicable flood reduction provisions of Sections 21.110.160 through 21.110.230.
21.110.210 Coastal Hiqh Hazard Areas. Within coastal high haza established in Section 21.110.070, the following standards shall apply:
(1) All new construction and substantial improvements shall be z on adequately anchored pilings or columns and securely anchored to such or columns so that the lowest horizontal portion of the structural men the lowest floor (excluding the pilings or columns) is elevated to or at base fl 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 k space below the lowest floor free of obstructions or constructed with bi walls. Such temporarily enclosed space shall not be used for human hab.
(4) Fill shall not be used for structural support of buildings
(e) All subdivisions shall provide adequate drainage to reduce e
occurrence of the base flood discharge
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(5) Man-made alteration of sand dunes which would increase PC flood damage is prohibited.
(6) The Floodplain Administrator shall obtain and maintain the fc records:
(A) Certification by a registered engineer or architect that a r structure complies with Section 21.110.210(1). (B) The elevation (in relation to mean sea level) of the botton lowest structural member of the lowest floor (excluding pilings or coli all new and substantially improved structures, and whether such str contain a basement.
21.110.220 Mudslide (;.e., Mudflow)-Prone Areas. (a) The Floodplain Administrator shall review permits for I construction or other development to determine if it is proposed w mudsl ide area.
(b) Permits shall be reviewed to determine that the proposed dew is reasonably safe from mudslide hazards. Factors to be considered ir 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 quality of any fill; (4) The overall slope of the site; and (5) The weight that any proposed development will imposc slope. Within areas which have mudslide hazards, the following requ
apply: (1) A site investigation and further review shall be persons qualified in geology and soils engineering; (2) The proposed grading, excavation, new construct substantial improvements shall be adequately designed and protected mudsl ide damages ;
(3) The proposed grading, excavations, new construct substantial improvements do not aggravate the existing hazard by creatin I (4) Drainage, planting, watering and maintenance sh ,I endanger slope stability. Within Zone M on the Flood Insurance Rate Map, the communi adopt a drainage chapter which at least complies with the standards of 7001 through 7006 and Sections 7008 through 7015 of the most recent i 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 all exci cuts and fills and planted slopes; (3) Protective measures including but not limited to 1 walls, buttress fills, subdrains, diverter terraces, benchings, etc. ; (4) Engineering drawings and specifications to be submi a1 1 correcti ve measures, accompani ed by supporting soi 1 s engi neeri ng anc reports.
(c)
on-site or off-site disturbances; and
(d)
21.110.230 Flood-Related Erosion-Prone Areas. (a) The Floodplain Administrator shall require permits for construction and other development within all flood-re1 ated erosion-prl as known to the community. (b) Such permits shall be reviewed to determine whether the site alterations and improvements will be reasonably safe from flooc
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erosion and will not cause flood-related erosion hazards or otherwise ag the existing hazard. (c) If a proposed improvement is found to be in the path of related erosion or would increase the erosion hazard, such improvement s relocated or adequate protective measures shall be taken to avoid aggr the existing erosion hazard. Within Zone E on the Flood Insurance Rate Map, a setback is r for all new development from the ocean, lake, bay, riverfront or other water to create a safety buffer consisting of a natural vegetative or strip. This buffer shall be designated according to the flood-related
hazard and erosion rate, in relation to the anticipated "useful 1 structures, and depending upon the geologic, hydrologic, topograpt climatic characteristics of the land. The buffer may be used for suitat space purposes, such as for agricultural, forestry, outdoor recreat wildlife habitat areas, and for other activities using temporary and I: structures only.
(d)
21.110.240 ADDeal S (a) The F1 oodpl ain Administrator shall announce its deci si findings by resolution to the applicant and the resolution shall recitc other things, the facts and reasons which, in the opinion of the Flc Administrator, make the granting or denial or a special use permit, vz or other entitlement under this chapter necessary to carry out the prc and general purposes of this title and shall order that the special use variance or other entitlement be granted or denied, and if such re5 orders that the special use permit, variance or other entitlement be < it shall also notice such conditions and limitations as the Flc
The order of 'the Floodplain Administrator in granting or dc special use permit, variance or other entitlement shall become fi effective ten days after the rendering of this decision, unless within I day period, an appeal in writing is filed with the City Council by ei applicant or an opponent. The filing of such an appeal within such tin shall stay the effective date of the order of the Floodplain Administrati such time as a final decision on the appeal is reached. Appeals s processed according to Chapter 21.50 of this title. In passing upon appc requests for variances from the requirements of this chapter, the City shall consider all technical evaluations, all relevant factors, sl specified in other sections of this chapter, and:
(1) the danger that materials may be swept onto other land injury of others;
(2) the danger of life and property due to flooding or damage ;
(3) the susceptibility of the proposed facility and its ( to flood damage and the effect of such damage on the individual owner;
(4) the importance of the services provided by the 1 faci 1 i ty to the community; (5) the necessity to the facility of a waterfront locatioi appl icabl e;
(6) the availability of alternative locations for the prop which are not subject to flooding or erosion damage; (7) the compatibility of the proposed use with exist anticipated development;
(8) the relationship of the proposed use to the comprehens and floodplain management program for that area;
Administrator may impose
(b)
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(9) the safety of access to the property in time of fl
(10) the expected heights, velocity, duration, rate of ri
(11) the costs of providing governmental services during ai flood conditions, including maintenance and repair of public utilit facilities such as sewer, gas, electrical, and water system, and strc bridges. (c) Generally, variances may be issued for new construct substantial improvements to be erected on a lot of one-half acre or less contiguous to and surrounded by lots with existing structures construct( the base flood level, providing items in 21.110.240(b) have bee considered. As the lot size increases beyond one-half acre, the tc justification required for issuing the variance increases. Upon consideration of the factors of Section 21.110.240(b) purposes of this chapter, the City Council may attach such conditions granting of variances as it deems necessary to further the purposes chapter. (e) The Floodplain Administrator shall maintain the records appeal actions and report any variances to the Federal Insurance Admini upon request.
ordinary and emergency vehicles;
sediment transport of the flood waters expected at the site; and,
(d)
21.110.250 Conditions for Variances (a) Variances may be issued for the reconstruction, rehabilit, restoration of structures listed in the National Register of Historic P the State Inventory of Historic Places, without regard to the procedi forth in the remainder of this section. (b) Variances shall not be issued within any designated floodws increase in flood levels during the base flood discharge would result. (c) Variances shall only be issued upon a determination 1 variance is the minimum necessary, considering the flood hazard, tl relief. (d) Variances shall only be issued upon: i (1) a showing of good and sufficient cause;
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(2) a determination that failure to grant the variam
(3) a determination that the granting of a variance i result in increased flood heights, additional threats to public extraordinary public expense, create nuisances, cause fraud on or victi
of, the public, or conflict with existing local laws or chapters. (e) Variances may be issued for new construction and sut improvements and for other development necessary for the conduc functionally dependent use provided that the provisions of 21.110.250(a) through 21.110.250(d) are satisfied and that the stru other development is protected by methods that minimize flood damages dl base flood and create no additional threats to public safety. Any applicant to whom a variance is granted shall be giver ' notice that the structure will be permitted to be built with a lowe elevation below the regulatory flood elevation and that the cost insurance will be commensurate with the increased risks resulting reduced lowest floor elevation. A copy of the notice shall be record(
1 result in exceptional hardship to the applicant; and
(f)
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Floodplain Administrator in the Office of the San Diego County Recor shall be recorded in a manner so that it appears in the chain of title affected parcel of land.
SECTION 2: That Title 21, Chapter 21.31 of the Carlsbad MuniciF
is repealed.
EFFECTIVE DATE: This chapter shall be effective thirty (30) daj
its adoption, and the City Clerk shall certify to the adoption of this
and cause it to be published at least once in the Carlsbad Journal
fifteen (15) days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsb
4th day of October , 1988, and the
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carls
11th day of October , 198
Council held on the
Council held on the
following vote, to wit:
AYES: Council Members Lewis, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ABSTAIN; Council Member K
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NOTICE OF PUBLIC HEARING
FLOODPLAIN MANAGEMENT REGULATIONS
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a put
hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OC
on Tuesday, October 4, 1988, to consider the establishment of Floodplain Management
Regulations on floodplains pursuant to National Flood Insurance Program Guidelines h
the City of Carlsbad.
If you have any questions regarding this matter, please call the Planning Department
at 438-1161.
If you challenge the Establishment of Floodplain Management Regulations as they appl
to the City of Carlsbad in court, you may be limited to raising only those issues yc
or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City of Carlsbad, City Clerk's Office, at or prior t
the public hearing.
APPLICANT: City of Carlsbad
PUBLISH: September 23, 1983 CARLSBAD CITY COUNCIL
.. *NOTICE OF PUBLIC HEARING *
NOTICE IS HEREBY GIVEN that the Planning Commission of the City
of Carlsbad will hold a public hearing at the Council Chambers,
1200 Elm Avenue, Carlsbad, California, at 6:OO p.m. on Wednesday,
August 17, 1988, to consider approval of Establishment of Floodplain Management Regulations on floodplains pursuant to
National Flood Insurance Program Guidelines within the city of
Carlsbad.
Those persons wishing to speak on this proposal are cordially
invited to attend the public hearing. If you have any questions,
please call the Planning Department at 438-1161.
If you challenge the Establishment of Floodplain Management
Regulations as they apply to Carlsbad in court, you may be
limited to raising only those issues you or someone else raised
at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing.
APPLICANT: CITY OF CARLSBAD PUBLISH: AUGUST 5, 1988
CITY OF CARLSBAD PLANNING COMMISSION
(Form A)
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4'
TO: CITY CLERK'S OFFICE
FROM:
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice the
establishment of revised Floodplain Management Regulations.
for a public hearing before the City Council.
Please notice the item for the council meeting of September1
O& 3, lcig
Thank you,
Date