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HomeMy WebLinkAbout2003-06-24; City Council; 17222; Floodplain Regulations RevisionsCITY OF CARLSBAD - AGENDA BILL TITLE: FLOODPLAIN REGULATIONS REVISONS ZCA 01 -041LCPA 02-01 Project application(s) Environmental Review Zone Code Amendment Local Coastal Program Amendment DEPT.HD. CITY ATTY. & Administrative Reviewed by and To be Reviewed - Approvals Final at Planning Final at Council Commission X X X CITYMGR RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2003-172 , ADOPTING a Negative Declaration, based upon the findings contained therein, and INTRODUCE Ordinance No. NS-664 , APPROVING an amendment to the City's Floodplain Regulations (Chapter 21 .I 10 of the Carlsbad Municipal Code) (ZCA 01-04) and APPROVING a Local Coastal Program Amendment (LCPA 02- 01). The project consists of amending Title 21 of the Carlsbad Municipal Code to amend the City's Floodplain Regulations to make the regulations consistent with the State's Model Floodplain Ordinance. Consistency with the Model Ordinance is necessary for continued participation in the National Flood Insurance Program (NFIP). The proposed ZCA would do the following: 1) update two definitions; 2) update the Code to refer to the latest Flood Insurance Rate Maps (FIRM) and add the phrase "and subsequent amendments andlor revisions" to eliminate the need for future zone code amendments when maps are updated; 3) revise the required timing and contents of the City's variance report(s) to the Flood Insurance Ad ministration (FI A) ; and, 4) revise the specific disclosure information to applicants regarding the cost of flood insurance. The proposed LCPA would involve the entire Floodplain Regulations chapter (Chapter 21 .I IO) since this chapter was adopted after the City's Coastal Program became effective. During the May 7, 2003 Planning Commission meeting, no members of the public spoke on the proposed project, and the Planning Commission voted unanimously (7-0) to recommend to the City Council adoption of the project Negative Declaration and approval of the proposed Zone Code Amendment and Local Coastal Program Amendment. ENVIRONMENTAL: The Planning Commission determined that the proposed project could not have a significant effect 3n the environment and has recommended adoption of a Negative Declaration. I PAGE 2 OF AGENDA BILL NO. 17,222 FISCAL IMPACT: The implementation of revised sections of the Floodplain Regulations will result in an increased commitment of City staff resources (i.e., the preparation of a biennial report). However, the increased commitment is likely to be relatively small. Therefore, there will be no increased fiscal impact as a result of the proposed amendment. EXHIBITS: I. City Council Resolution No. 2003-172 2. City Council Ordinance No. NS-664 3. 4. 5. Planning Commission Resolutions No. 5158, 5159, and 5160 Planning Commission Staff Report, dated May 7, 2003 Excerpts of Planning Commission Minutes, dated May 7, 2003. DEPARTMENT CONTACT: Elaine Blackburn, (760) 602-4621 , eblac@ci.carlsbad.ca.us 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 RESOLUTION NO. 2003-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA TO APPROVE A NEGATIVE DECLARATION AND TO APPROVE A ZONE CODE AMENDMENT AND A LOCAL COASTAL PROGRAM AMENDMENT TO UPDATE THE CITY'S FLOODPLAIN MANAGEMENT REGULATIONS CITYWIDE. CASE NAME: FLOODPLAIN REGULATIONS REVISIONS CASE NO.: ZCA 01-04/LCPA 02-01 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, the Planning Commission did, on May 7, 2003, hold a duly noticed public hearing as prescribed by law to consider the Negative Declaration (ND), Zone Code Amendment (ZCA 01-04) and Local Coastal Program Amendment (LCPA 02-01) and adopted Planning Commission Resolutions No. 5158, 5159, and 5160 recommending to the City Council that they be approved; and WHEREAS, the City Council of the City of Carlsbad, on the 24th day of JUNE , 2003, held a duly noticed public hearing to consider the recommendation and heard all persons interested in or opposed to the Negative Declaration, ZCA 01-04, and LCPA 02-01; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Negative Declaration, ZCA 01-04, and LCPA 02-01. The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That the above recitations are true and correct. 2. That the findings of the Planning Commission in Planning Commission Resolutions No. 51 58, 51 59, and 51 60 constitute the findings of the City Council in this matter. 3. That the Negative Declaration, Zone Code Amendment (ZCA 01-04) and Local Coastal Program Amendment (LCPA 02-01) respectively, are approved as shown in Planning Commission Resolutions No. 5158, 5159, and 5160 on file with the City Clerk and incorporated herein by reference . .... .... 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 PASSED AND ADOPTED at a regular meeting of the City Council of the City o Carlsbad on the 24th day of JUNE , 2003, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard NOES: None ABSENT: Council Member Finnila ATTEST: LORRAINE M. WO&, City Clerk ’ (SEAL) Resolution No. 2003-172, page 2 of 2 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 ORDINANCE NO. NS-664 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE FLOODPLAIN MANAGEMENT REGULATIONS (CHAPTER 21.110 OF THE CARLSBAD MUNICIPAL CODE) BY THE AMENDMENT OF VARIOUS SECTIONS TO INCORPORATE UPDATED WORDING. CASE NAME: FLOODPLAIN REGULATIONS REVISIONS CASE NO.: ZCA 01-04 The City Council of the City of Carlsbad does ordain as follows: SECTION 1: That Title 21, Chapter 21.1 10 of the Carlsbad Municipal Code is amended by the amendment of Section 21 .I 10.050(22) to read as follows: "21.1 10.050 Definitions. (22) "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition). A. An unfinished or flood-resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to: (1) the anchoring standards in Section 21.1 10.160(1) (2) the construction materials and methods standards in Section 21 .I 10.160(2) (3) the wet flood proofing standard in Section 21.1 IO. 160(3) (4) the standards for utilities in Section 21 .I 10.170." SECTION 2: That Title 21, Chapter 21 .I 10 of the Carlsbad Municipal Code is amended by the amendment of Section 21.1 10.050(35) to read as follows: "21 .I 10.050 Definitions. (35) "Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (A) Any project for improvement of a structure to correct existing violations or state or local health, sanitary or safety code specifications which have been identified by the applicable code enforcement officials and which are the minimum necessary to assure safe living conditions; or (B) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure"." SECTION 3: That Title 21, Chapter 21 .I 10 of the Carlsbad Municipal Code is amended by the amendment of Section 21 .I 10.070 to read as follows: "21 .I 10.070 Basis for establishing the areas of special flood hazard. -1 - 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 The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of thc Federal Emergency Management Agency (FEMA) in the San Diego County and incorporate( areas Flood Insurance Study (FIS), dated June 19, 1997, and accompanying Flood Insurana Rate Map (FIRM), dated June 19, 1997, and all subsequent amendments and/or revisions arf hereby adopted by reference and declared to be a part of this ordinance. This FIS anc attendant mapping is the minimum area of applicability of this ordinance and may bc supplemented by studies for other areas that allow implementation of this ordinance and arc recommended to the City Council by the Floodplain Administrator. The FIS and FIRM are or file in the office of the City Engineer in Carlsbad, California, 92008." SECTION 4: Title 21, Chapter 21.1 10 of the Carlsbad Municipal Code is amended bl the amendment of Section 21.1 10.240(e) to read as follows: "21.1 10.240 Appeals. (e) The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Managemeni Agency." SECTION 5: Title 21, Chapter 21 .I 10 of the Carlsbad Municipal Code is amended by the amendment of Section 21 .I 10.250(f) to read as follows: "21 .I 10.250 Conditions for variances. (f) Any applicant to whom a variance is granted shall be given written notice over the signature of the Deputy Public Works Director - Engineering Services that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $200 of insurance coverage with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the floodplain administrator in the office of the San Diego County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation the City of Carlsbad within fifteen days after its adoption. Notwithstanding the preceding, this ordinance amendment effectuates a Local Coastal Program Amendment, and shall not be effective in the Coastal Zone until it is approved by the California Coastal Commission. //I 111 Ordinance No. NS-664 -2- 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 INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad Cit! Council on the 24th day of JUNE , 2003, and thereafter. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Counci 2003, b) of the City of Carlsbad, California, held on the the following vote, to wit: day of AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) 3rdinance No. NS-664 -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 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 5158 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION TO UPDATE THE CITY’S FLOODPLAIN MANAGEMENT REGULATIONS CITY WIDE. CASE NAME: FLOODPLAIN REGULATIONS REVISIONS CASE NO.: ZCA 01-04/LCPA 02-01 WHEREAS, the City of Carlsbad, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by various owners, “Owner,” described as Citywide (“the Property”); and WHEREAS, a Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 7th day of May 2003, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Negative Declaration according to Exhibit “ND” dated May 14, 2002, and “PII” dated May 7, 2002, attached hereto and made a part hereof, based on the following findings: Findings: 1. The Planning Commission of the City of Carlsbad does hereby find: 8 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 a. b. C. d. It has reviewed, analyzed and considered Negative Declaration ZCA 01- 04/LCPA 02-01, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; The Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; It reflects the independent judgment of the Planning Commission of the City of Carlsbad; and Based on the EIA Part I1 and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of May, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None w R, Chairperson cwm PLANNTNG COMMISSION ATTEST: \ I \\k&m\&L -. MICHAEL J. HOL=ILL& Planning Director PC RES0 NO. 5158 9 - City of Carlsbad NEGATIVE DECLARATION Project AddressLocation: Citywide Project Description: A Zone Code Amendment and a Local Coastal Program Amendment to update the City's Floodplain Management Regulations (Chapter 21.110 of the Carlsbad Municipal Code) to maintain consistency with the requirements of the National Flood Insurance Program The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Elaine Blackburn in the Planning Department at (760) 602-4621. DATED: MAY 14,2002 CASE NO: FLOODPLAIN REGULATIONS REVISIONS CASE NAME: ZCA 01 -04LCPA 02-01 . PUBLISH DATE: MAY 14,2002 MICHAEL J. HBLZMLER Planning Director 1635 Faraday Avenue - Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us h@ ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1 (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: ZCA 01-04/LCPA02-01 DATE: May 7,2002 BACKGROUND 1. CASE NAME: Floodplain Regulations Revisions 2. APPLICANT: City of Carlsbad 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 1635 Faraday Avenue; Carlsbad, CA 92008 4. DATE EL4 FORM PART I SUBMITTED: N/A 5. PROJECT DESCRIPTION: a Zone Code Amendment and a Local Coastal Promam Amendment to update the City’s Floodplain Management Regulations (Chapter 21.1 10 of the Carlsbad Municipal Code) to maintain consistency with the requirements of the National Flood Insurance Prowam SUMMARY OF ENVIRONMENTAL FACTORS POTENTLALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. 0 Land Use and Planning 0 TransportatiodCirculation 0 Public Services 0 Population and Housing 0 Biological Resources 0 Utilities & Service Systems 0 Geological Problems 0 Energy & Mineral Aesthetics 0 Water 0 Cultural Resources 0 Air Quality 0 Recreation Resources 0 Hazards 0 Noise Mandatory Findings of Significance 1 Rev. 03/28/96 DETERMINATION. (To be completed by the Lead Agency) w 0 0 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier , including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. / 1 51 do Planning Director??Signkdure Date 2 /2 Rev. 03/28/96 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “NO Impact” answer is adequately supported if the referenced infomation sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. Based on an “EN-Part 11”, if a proposed project could have a potentially significant effect on the environment, but &I potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Ovemding Considerations” has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 13 3 Rev. 03/28/96 e If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. e An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 4 lcf Rev. 03/28/96 Issues (and Supporting Information Sources). Potentially Potentially Significant Significant Impact Unless Mitigation Incorporated I. LAND USE AND PLANNING. Would the proposal:. 0 0 0 c) Be incompatible with existing land use in the vicinity? n n a) Conflict with general plan designation or zoning? (Source #(s): (#l:Pgs 5.6-1 - 5.6-18) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#l:PgS 5.6-1 - 5.6-18) U - (#l:Pgs 5.6-1 - 5.6-18) d) Affect agricultural resources or operations (e.g. impacts n n - U U .- - to soils or farmlands, or impacts from incompatible land uses? (#l:Pgs 5.6-1 - 5.6-18) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (#l:Pgs 5.6-1 - 5.6-18) 0 0 e) 11. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (#l:Pgs 5.5-1 - 5.5-6) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#l:Pgs 5.5-1 - c) Displace existing housing, especially affordable 0 0 I7 0 0 5.5-6) housing? (#l:Pgs 5.5-1 - 5.5-6) 111. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (#l:Pgs 5.1-1 - 5.1-15) b) Seismic ground shaking? (#l:Pgs 5.1-1 - 5.1-15) c) Seismic ground failure, including liquefaction? (#1 :Pgs d) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-1 - e) Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs Subsidence ofthe land? (#l:Pgs 5.1-1 - 5.1-15) 0 0 o 0 0 0 0 0 0 0 0 0 n o h) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15) n 5.1-1 - 5.1.15) 5.1-15) 5.1-1 - 5.1-15) g) i) Unique geologic or physical features? (#l:Pgs 5.1-1 - 5.1-1 5) IV. WATER. Would the proposal result in: 0 0 0 a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (#l:Pgs 5.2-1 - 5.2- b) Exposure of people or property to water related hazards such as flooding? (#l:Pgs 5.2-1 - 5.2-11) 11) LessThan No Significan Impact t Impact CIIXI om UIXI ON om om UN om 0B.I om OH om 5 bd Rev. 03/28/96 Issues (and Supporting Information Sources). Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (#l:Pgs 5.2-1 - 5.2-11) Changes in the amount of surface water in any water Changes in currents, or the course or direction of water movements? (#l:Pgs 5.2-1 - 5.2-11) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (#l:Pgs 5.2-1 - 5.2-1 1) Altered direction or rate of flow of groundwater? Impacts to groundwater quality? (#l:Pgs 5.2-1 - 5.2-1 1) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#1 :Pgs body? (#l:PgS 5.2-1 - 5.2-11) (#l:PgS 5.2-1 - 5.2-1 1) 5.2-1 - 5.2-1 1) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (#l:Pgs 5.3- b) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-1 c) Alter air movement, moisture, or temperature, or cause any change in climate? (#l:Pgs 5.3-1 - 5.3-12) d) Create objectionable odors? (#l:Pgs 5.3-1 - 5.3-12) 1 - 5.3-12) - 5.3-12) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: Increased vehicle trips or traffic congestion? (#1 :Pgs Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#l:Pgs 5.7-1 - 5.7.22) Inadequate emergency access or access to nearby uses? Insufficient parking capacity on-site or off-site? (#1 :Pgs Hazards or barriers for pedestrians or bicyclists? Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-1 - 5.7.22) 5.7-1 - 5.7.22) (#l:PgS 5.7-1 - 5.7.22) 5.7-1 - 5.7.22) (#l:Pgs 5.7-1 - 5.7.22) (#l:PgS 5.7-1 - 5.7.22) VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (#l:Pgs 5.4-1 - 5.4-24) 6 a) Potentially Significant Impact 0 0 0 0 0 0 0 0 0 17 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 17 0 0 0 17 o 0 0 0 0 0 0 0 Less Than Significan t Impact 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 No Impact [XI IXI !XI Ix1 IXI €4 [XI IXI Kl IXI [XI IXI Ixl Ixl IXI Kl Ix1 Ixl Ixl lI Rev. 03/28/96 Issues (and Supporting Information Sources). b) Locally designated species (e.g. heritage trees)? (#1 :Pgs c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l:Pgs 5.4-1 - 5.4-24) d) Wetland habitat (e.g. marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors? (#1 :Pgs 5.4-1 5.4-1 - 5.4-24) (#l:PgS 5.4-1 - 5.4-24) - 5.4-24) Potentially Significant Impact 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 VIII. ENERGY AND MINERAL RESOURCES. Would the a) Conflict with adopted energy conservation plans? b) Use non-renewable resources in a wastefil and inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13- Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents ofthe State? (#l:Pgs 5.12.1-1 - 5.12.1-5 & proposal? 0 0 o 17 0 0 (#l:PgS 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) 1 - 5.13-9) c) 5.13-1 - 5.13-9) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (#l:Pgs 5.10.1-1 - 5.10.1-5) b) Possible interference with an emergency response plan or emergency evacuation plan? (#l:Pgs 5.10.1-1 - The creation of any health hazard or potential health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5) Exposure of people to existing sources of potential health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5) Increase fire hazard in areas with flammable brush, grass, ortrees? (#l:Pgs 5.10.1-1 - 5.10.1-5) 5.10.1-5) c) d) e) 0 0 17 0 X. NOISE. Would the proposal reiult in: a) b) 0 o Increases in existing noise levels? (#l:Pgs 5.9-1 - 5.9- 15) Exposure of people to severe noise levels? (#l:Pgs 5.9- 1 - 5.9-15) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (#l:Pgs 5.12.5-1 - 5.12.5-6) b) Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4) 0 0 0 0 0 0 0 C) Schools? (#l:PgS 5.12.7.1 - 5.12.7-5) d) Maintenance of public facilities, including roads? ( ) e) Other governmental services? (#l:Pgs 5.12.1-1 - 5.12.8-7) LessThan No Significan Impact t Impact OBI OIXI OIXI 7 /7 Rev. 03/28/96 Issues (and Supporting Information Sources). Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significan t Impact No Impact XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: Power or natural gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 & a) b) Communications systems? ( ) c) Local or regional water treatment or distribution facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7) d) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7) e) Storm water drainage? (#l:Pg 5.2-8) f) Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3) g) Local or regional water supplies? (#l:Pgs 5.12.2-1 - 5.13-1 - 5.13-9) 5.12.3-7) 0 0 1x1 0 0 IXI IXI 0 0 0 txl IXI IXI IXI 0 0 0 0 0 0 0 0 0 0 0 0 XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (#l:Pgs b) Have a demonstrated negative aesthetic effect? (#1 :Pgs c) Create light or glare? (#l:Pgs 5.11-1 - 5.11-5) 5.11-1 - 5.11-5) 5.11-1 - 5.11-5) 0 0 0 0 0 0 0 IXI IXI IXI 0 0 XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (#l:Pgs 5.8-1 - 5.8- 10) b) Disturb archaeological resources? (#l:Pgs 5.8-1 - 5.8- 10) c) Affect historical resources? (#l:Pgs 5.8-1 - 5.8-10) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l:Pgs 5.8- Restrict existing religious or sacred uses withn the potential impact area? (#l:Pgs 5.8-1 - 5.8-10) 1 - 5.8-10) e) 0 0 0 cl 0 IXI 0 0 0 0 0 XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-1 - b) Affect existing recreational opportunities? (#1 :Pgs 5.12.8-7) 5.12.8-1 - 5.12.8-7) 0 0 0 IXI 0 0 0 XVI. MANDATORY FINDINGS OF SIGNIFICANCE. 8 /8 Rev. 03/28/96 Issues (and Supporting Information Sources). Does the project have the pote quality of the environment, sub habitat of a fish or wildlife spe wildlife population to drop below s threaten to eliminate a plant or reduce the number or restrict the endangered plant or animal or examples of the major periods of prehstory? Does the project have impacts limited, but cumulatively consider considerable” means that project are considerable when with the effects of past project current projects, and the effects of projects)? Does the project have enviro cause the substantial advers either directly or indirectly? 9 Potentjally Potentjally Less Than Significant Significant Significan Impact Unless t Impact Mitigation Incorporated 0 0 173 U No Impact KI IXI FXI /9 Rev. 03/28/96 XVII. EARLIER ANALYSES . Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. In this case a discussion should identify the following on attached sheets: Section 15063(c)(3)(D). a) , Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 10 Rev. 03/28/96 DISCUSSION OF ENVIRONMENTAL EVALUATION I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING The proposed project involves a Zone Code Amendment (ZCA) and a Local Coastal Program Amendment (LCPA) to adopt revisions to the City's Floodplain Management Regulations (Chapter 21.1 10 of the Municipal Code). The adoption of amended wording for the Municipal Code (the ZCA) is necessary to bring the City's regulations into conformance with the latest wording required by The National Flood Insurance Program (NFIP). Adoption of an amended floodplain management ordinance is a requirement for continued participation in the NFIP. The LCPA is necessary to ensure continued consistency between the City's zoning regulations and the Coastal Program regulations. The City's current floodplain management regulations (contained in Chapter 21.1 10 of the Carlsbad Municipal Code) were adopted on October 11, 1988. During the 1999 Community Assistance Visit, the DWR staff determined that the City's Floodplain Regulations needed to be updated to meet the minimum NFIP requirements as specified in the Code of Federal Regulations (Title 44, Sections 59,60.3-60.6). The changes proposed are: a) Update the definitions of "lowest floor" and "substantial improvement" for purposes of Chapter 2 1.1 10 only; b) Update the references to relevant studies and maps which are applicable to the regulations contained in Chapter 2 1.1 10; c) Update the requirements/obligations of the Floodplain Administrator (the Planning Commission); and, d) Update the wording related to floodplain variances in Chapter 21.1 10. None of the proposed changes have the effect of loosening the restrictions or regulations contained in the Floodplain regulations. 11. ENVIRONMENTAL ANALYSIS No site-specific project is proposed as a part of this zone code amendment. The proposed zone code amendment will not conflict with the City's General Plan, zoning regulations, or any environmental plans or policies. No site-specific project is being proposed. Therefore, the proposed amendment is also not incompatible with existing land uses, will not affect agricultural resources, and will not affect any established community. Further, the project will not, in itself, result in geologic problems, water impacts, air quality impacts, traffic/circulation impacts, impacts to biological resources, impacts to energy and mineral resources, the creation of or exposure of people to hazards, noise impacts, impacts to public services, impacts to utilities and services systems, aesthetic impacts, impacts to cultural resources, or impacts to recreational opportunities. As development projects are proposed for specific sites and reviewed, they will be evaluated for potential environmental impacts. 11 31 Rev. 03/28/96 111. EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008, (760) 602-4600. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MER 93-01), dated March 1994, City of Carlsbad Planning Department. 12 a3 Rev. 03/28/96 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. 5159 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL, OF A ZONE CODE AMENDMENT TO UPDATE THE CITY'S FLOODPLAIN MANAGEMENT REGULATIONS. CASE NAME: FLOODPLAIN REGULATIONS REVISIONS CASE NO: ZCA 0 1-04 WHEREAS, the Planning Director has prepared a proposed Zone Code Amendment pursuant to Section 21 S2.020 of the Carlsbad Municipal Code to: update the City's floodplain management regulations and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit "X" dated, May 7, 2003, and attached hereto FLOODPLAIN REGULATIONS REVISIONS - ZCA 01-04; and WHEREAS, the Planning Commission did on the 7th day of May, 2003, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of FLOODPLAIN REGULATIONS REVISIONS - ZCA 01-04, based on the following findings: Findings: 1. That the proposed Zone Code Amendment ZCA 01-04 is consistent with the General Plan in that the proposed zoning text revisions will ensure continued implementation of the General Plan Public Safety Element Goal of minimizing injury, loss of life and damage to property resulting from flood. 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2a 21 22 23 24 25 2t 27 2E 2. That the proposed ZCA reflects sound principles of good planning. PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla Commission of the City of Carlsbad, held on the 7th day of May, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None Chairperson COMMISSION ATTEST: ..l i%;uwM& 1 MICHAEL J. HOL-ILLE~ Planning Director PC RES0 NO. 5 159 -2- 1 dt' 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. 5160 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE TEXT OF THE CARLSBAD LOCAL COASTAL PROGRAM TO BRING THE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM, MANCE ON PROPERTY LOCATED CITYWIDE CASE NAME: FLOODPLAIN REGULATIONS REVISIONS GENERAL PLAN, AND ZONING MAP INTO CONFOR- CASE NO: LCPA 01-01 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, the City of Carlsbad, “Developer,” has filed a verified application for an amendment to the Local Coastal Program designations regarding property owned by various owners, “Owner”, described as Citywide (“the Property”); and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibits rcYtc dated May 7, 2003, attached hereto, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and WHEREAS, the Planning Commission did on the 7th day of May 2003, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. 275 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. B) At the end of the State mandated six week review period, starting on May 16, 2002, and ending on June 27, 2002, staff shall present to the City Council a summary of the comments received. C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of FLOODPLAIN REGULATIONS REVISIONS - LCPA 02-01 based on the following findings, and subject to the following conditions: Findings: 1. 2. ... ... ... ... ... ... ... ... ... ... That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello I, Mello 11, Agua Hedionda, Village Redevelopment Area, East Batiquitos Lagoon, and West Batiquitos Lagoon segments of the Carlsbad Local Coastal Program in that the proposed text changes are not in conflict with any adopted Coastal Program regulations or land use policies. That the proposed amendment to the Mello I, Mello 11, Agua Hedionda, Village Redevelopment Area, East Batiquitos Lagoon, and West Batiquitos Lagoon segments of the Carlsbad Local Coastal Program is required to bring it into consistency with the City's Floodplain Management Regulations (Chapter 21.110 of the Carlsbad Municipal Code). PC RES0 NO. 5 160 -2- ab 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 2c 2; 28 PASSED, APPROVED AND ADOPTED at a regular meeting to the Planiing Commission of the City of Carlsbad, held on the 7th day of May, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None 5Q R, Chairperson WAD PLANN~NG COMMISSION ATTEST: Planning Director PC RES0 NO. 5 160 -3- LCPA POLICY EXHIBIT "Y I' May 7,2003 LCPA 02-01 This exhibit includes the proposed text amendment (strikeouthighlight format) to the Mello I, Mello 11, Agua Hedionda, Village Redevelopment Area, East Batiquitos Lagoon, and West Batiquitos Lagoon segments of the Local Coastal Program. Chapter 2 1.1 10 FLOODPLAIN MANAGEMENT REGULATIONS 21.1 10.010 Statutory authorization. This chapter is adopted pursuant to the legislative authority set forth in Government Code Sections 65302,65560 and 65800 which conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. 21.110.020 Findings of fact. (a) The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 21.110.030 Statement of purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood-control projects; (3) To minimize the need for rescue and relief efforts associated with 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 as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To ensure that potential buyers are notified that property is in an area of special flood hazard; (8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and 1 (9) Recognize floodplain areas as potential open space resources and encourage compatible open space uses wherever possible. 21.1 10.040 Methods of reducing flood losses. In order to accomplish its purposes, this chapter includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters; (4) Controlling filling, grading, dredging and other development which may increase flood damage; and (5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. 21.1 10.050 Definitions. For the purposes of this chapter, the following words and phrases have the meaning respectively ascribed to them by this section: (1) "Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance. (2) "Area of shallow flooding" means a designated AO, AH or VO zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. (3) "Area of special flood-related erosion hazard" means the area subject to severe flood- related erosion losses. The area is designated as zone E on the Flood Insurance Rate Map (4) Area of Special Flood Hazard. See "Special flood hazard area." (5) "Area of special mudslide (Le., mudflow) hazard" means the area subject to severe mudslides (Le., mudflows). The area is designated as zone M on the Flood Insurance Rate Map (FIRM). (6) "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also called the one-hundred-year flood). (7) "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. (8) "Breakaway walls" means any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of (FIRM). 2 a4 breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: (A) Breakaway wall collapse shall result fiom a water load less than that which would occur during the base flood; and (B) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. (9) "Coastal high hazard areal' means the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as zone V1-30, VE or V. (10) "Development" means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. (11) "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas due to: (A) The overflow of floodwaters, (B) The unusual and rapid accumulation or runoff of surface waters from any source, andor (C) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. (1 2) "Flood Boundary and Floodway Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. (13) "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community . (14) "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. (1 5) "Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water fiom any source. See definition of flooding. (16) "Floodplain management'' means the operation of an overall program of corrective and preventive measures of reducing flood damage including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations. (1 7) "Floodplain management regulations" means zoning chapters, subdivision regulations, building codes, health regulations, special purpose chapters (such as floodplain chapter, grading chapter and erosion control chapter) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. 3 (1 8) "Flood proofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. (19) "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway." (20) "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. (21) "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (22) "Lowest floor'' means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition). A. An unfinished or flood-resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non- elevation design requirements, including, but not limited to: (1) the anchoring standards in Section 21.110.160(1); (2) the construction materials and methods standards in Section 2 1.1 10.160(2); (3) the wet flood proofing standard in Section 21.110.160(3); or (4) the standards for utilities in Section 21.1 10.170. (23) "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty consecutive days. (24) "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent. (25) "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. (26) "New construction" means, for floodplain management purposes, structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community. (27) "One-hundred-year flood" or "100-year flood" means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the base flood, which will be the term used throughout this chapter. (28) "Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions. 4 (29) "Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. (30) "hverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. (31) "Sand dunes'' means naturally occurring accumulations of sand in ridges or mounds landward of the beach. (32) "Special flood hazard area (SFHA)" means an area having special flood or flood- related erosion hazards, and shown on an FHBM or FIRM as zone A, AO, A1-30, AE, A99, AH, VO, V1-30, VE or V. (33) "Start of construction" means and includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installations of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. (34) llStructure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. (35) "Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (A) Any project for improvement of a structure to correct existing violations or state or local health, sanitary or safety code specifications which have been identified by the applicable code enforcement officials and which are the minimum necessary to assure safe living conditions; or (B) Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." (36) "Variance" means a grant of relief from the requirements of this chapter, which permits construction in a manner that would otherwise be prohibited by this chapter. (37) "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other 1 development without the elevation certificate, other certifications, or other evidence of 5 sa compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. 21.1 10.060 Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards, areas of flood-related erosion hazards and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of the city. When only a portion of a parcel of land lies within the areas of special flood hazards, the provisions of this chapter shall apply only to that portion lying within those areas. 2 1.1 10.070 Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the San Diego County and incorporated areas Flood Insurance Study (FIS), dated June 19, 1997, and accompanying Flood Insurance Rate Map (FIRM), dated June 19, 1997, and all subsequent amendments and/or revisions are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas that allow implementation of this ordinance and are recommended to the City Council by the Floodplain Administrator. The FIS and FIRM are on file in the office of the City Engineer in Carlsbad, California, 92008. 2 1.1 10.080 Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing in this chapter shall prevent the city from taking such lawful action as is necessary to prevent, enjoin or remedy any violation. 2 1.1 10.090 Abrogation and greater regulations. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other chapter, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 21.1 10.100 Interpretation. In the interpretation and application of this chapter, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and 6 33 C. Deemed neither to limit nor repeal any other powers granted under state statutes. 21.1 10.1 10 Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards, areas of flood-related erosion hazards and areas of mudslide (i.e., mudflow) hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. 2 1.1 10.120 Severability. This chapter and the various parts thereof are declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. 21.110.130 Special use permit. A special use permit shall be obtained in addition to any other required permits or entitlements before construction or development begins within any area of special flood hazards, areas of flood-related erosion hazards or areas of mudslide (Le., mudflow) hazards established in Section 21.1 10.070. The filing fees for a special use permit shall be in an amount as the city council may by resolution establish. Applications for a special use permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: (1) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in zone A0 or VO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; (2) Proposed elevation in relation to mean sea level to which any structure will be flood proofed; (3) All appropriate certifications listed in Section 2 1.1 lO.l50(D) of this chapter; (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; (5) Environmental impact assessment (one copy only); and (6) Environmental impact report (twenty copies), if required. 2 1.1 10.140 Designation of floodplain administrator. 7 3t' The planning commission is appointed to administer and implement this chapter by granting or denying special use permits in accordance with its provisions and upon the advice of the city engineer. 21.1 10.150 Duties and responsibilities of the floodplain administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to: (1) Pennit Review. (A) Review all special use permits to determine that the permit requirements of this chapter have been satisfied; (€3) All other required state and federal permits have been obtained; (C) The site is reasonably safe from flooding; (D) The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point. (2) Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 21.1 10.070, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Sections 21.110.160 through 21.1 10.230 of this chapter. Any such information shall be submitted to the city council for adoption. (3) Whenever a watercourse is to be altered or relocated: (A) Notify adjacent communities and the California Department of Water Resources prior to the alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; (B) Require that the flood-carrying capacity of the altered or relocated portion of such watercourse is maintained. (4) Obtain and maintain for public inspection and make available as needed: (A) The certification required in Section 2 1.1 lO.l60(3)(A), floor elevations; (B) The certification required in Section 2 1.1 lO.l60(3)(B), elevations in areas of shallow flooding; (C) The certification required in Section 2 1.1 lO.l60(3)(C), elevations or flood proofing of nonresidential structures; (D) The certification required in Section 2 1.1 lO.l60(3)(D), wet flood proofing standard; (E) The certified elevation required in Section 21.1 lO.l80(b), subdivision standards; (F) The certification required in Section 21.1 10.200( l), floodway encroachments; (G) The information required in Section 21.1 10.210(6), coastal construction; and (H) The reports required in Section 2 1.1 10.220(d), mudflow standards. (5) Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards, areas of special flood-related erosion hazards or areas of mudslide (Le., mudflow) hazards, for example, where there appears to be a conflict 8 between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Sections 21.110.240 and 21.1 10.250 of this chapter. (6) Take action to remedy violations of this chapter as specified in Section 21.1 10.080 of this chapter. 21.1 10.160 Standards of construction. In all areas of special flood hazards the following standards are required: (1) Anchoring. (A) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (B) All manufactured homes shall meet the anchoring standards of Section 21.1 10.190. (2) Construction Materials and Methods. (A) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (B) All new Construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (C) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (D) Require within zones AH, A0 or VO, adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (3) Elevation and Flood proofing. (A) New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base floor elevation. Nonresidential structures may meet the standards in subsection (3)(C) of this section. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the city building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator. (B) New construction and substantial improvement of any structure in Zone A0 or VO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in subsection (3)(C) of this section. Upon completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the city building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator. (C) Nonresidential construction shall either be elevated in conformance with subsection (3)(A) or (3)(B) of this section or together with attendant utility and sanitary facilities: (i) Be flood proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 9 36 (ii) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (iii) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator. (D) Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (i) Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters; or (ii) Be certified to comply with a local flood proofing standard approved by the Federal Insurance Administration. (E) Manufactured homes shall also meet the standards in Section 21.110.190 of this chapter. 21.1 10.170 Standards for utilities. (a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters. (b) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 2 1.1 10.180 Standards for subdivisions. (a) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. (b) All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator. (c) All subdivision proposals shall be consistent with the need to minimize flood damage. (d) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (e) All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. 21.1 10.190 Standards for manufactured homes. All new and replacement manufactured homes and additions to manufactured homes shall: 10 33 (1) Be elevated so that the lowest floor is at or above the base flood elevation; and (2) Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement. 21.1 10.200 Floodways. Located within areas of special flood hazard established in Section 21.110.070 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) If subsection 1 of this section is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Sections 21.1 10.160 through 21.1 10.230 of this chapter. 21.1 10.210 Coastal high hazard areas. Within coastal high hazard areas established in Section 2 1.1 10.070, the following standards shall apply: (1) All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood elevation. (2) All new construction shall be located on the landward side of the reach of mean high tide. (3) All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls. Such temporarily enclosed space shall not be used for human habitation. (4) Fill shall not be used for structural support of buildings. (5) Manmade alterations of sand dunes which would increase potential flood damage is prohibited. (6) The floodplain administrator shall obtain and maintain the following records: (a) Certification by a registered engineer or architect that a proposed structure complies with Section 2 1.1 10.21 O( 1). (b) The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. 21.1 10.220 Mudslide (i.e., mudflow) prone areas. (a) The floodplain administrator shall review permits for proposed construction or other development to determine if it is proposed within a mudslide area. 11 38 (b) Permits shall be reviewed to determine that the proposed development is reasonably safe fiom mudslide hazards. Factors to be considered in making this determination include, but are not limited to: (1) The type and quality of soils; (2) Evidence of groundwater 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 impose on the slope. (c) Within areas that have mudslide hazards, the following requirements apply: (1) A site investigation and further review shall be made by a person qualified in geology and soils engineering; (2) The proposed grading, excavation, new construction and substantial improvements shall be adequately designed and protected against mudslide damages; (3) The proposed grading, excavations, new construction and substantial improvements do not aggravate the existing hazard by creating either on-site or off-site disturbances; and (4) Drainage, planting, watering and maintenance shall not endanger slope stability. (d) Within zone M on the Flood Insurance Rate Map, the community shall adopt a drainage chapter which at least complies with the standards of Section 7001 through 7006 and Sections 7008 through 7015 of the most recent amendment of the 1982 Uniform Building Code: (1) The location of foundation and utility systems of new construction and substantial improvements; (2) The location, drainage and maintenance of all excavations, cuts and fills and planted slopes; (3) Protective measures including, but not limited to, retaining walls, buttress fills, subdrains, diverter terraces, benchings, etc.; and (4) Engineering drawings and specifications to be submitted for all corrective measures, accompanied by supporting soils engineering and geology reports. 2 1.1 10.230 Flood-related erosion-prone areas. (a) The floodplain administrator shall require permits for proposed construction and other development within all floid-related erosion-prone areas as known to the community. (b) Such permits shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard. (c) If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard. (d) Within zone E on the Flood Insurance Rate Map, a setback is required for all new development fiom the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated useful life of structures, and depending upon the geologic, hydrologic, topographic and climatic characteristics of the land. The buffer may be used for suitable 12 39 open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only. 2 1.1 10.240 Appeals. (a) The floodplain administrator shall announce its decision and findings by resolution to the applicant and the resolution shall recite, among other things, the facts and reasons which, in the opinion of the floodplain administrator, make the granting or denial of a special use permit, variance or other entitlement under this chapter necessary to carry out the provisions and general purposes of this title and shall order that the special use permit, variance or other entitlement be granted or denied, and if such resolution orders that the special use permit, variance or other entitlement be granted, it shall also notice such conditions and limitations as the floodplain administrator may impose. (b) The order of the floodplain administrator granting or denying a special use permit, variance or other entitlement shall become final and effective ten days after the rendering of this decision, unless within such ten-day period, an appeal in writing is filed with the city council by either an applicant or an opponent. The filing of such an appeal within such time limit shall stay the effective date of the order of the floodplain administrator until such time as a final decision on the appeal is reached. Appeals shall be processed according to Chapter 21.50 of this title. In passing upon appeals and requests for variances from the requirements of this chapter, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger of life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in time of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site; and (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. (c) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subsections (B)( 1) through (B)( 1 1) of this section have been filly considered. 13 As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. (d) Upon consideration of the factors of subsection (B) of this section and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (e) The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency. 21.1 10.250 Conditions for variances. (a) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. (b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Variances shall only be issued upon: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of, the public or conflict with existing local laws or chapters. (e) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that the provisions of subsections (A) through (D) of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (f) Any applicant to whom a variance is granted shall be given written notice over the signature of the Deputy Public Works Director - Engineering Services that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $200 of insurance coverage with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the Floodplain Administrator in the office of the San Diego County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. 14 EXHIBIT 4 The City of CARLSBAD Planning Department P.C. AGENDA OF: May 7,2003 A REPORT TO THE PLANNING COMMISSION Application complete date: n/a Project Planner: Elaine Blackburn Project Engineer: David Hauser SUBJECT: ZCA 01-04LCPA 02-01 - FLOODPLAIN REGULATIONS REVISIONS - Request for approval of a Negative Declaration and a Zone Code Amendment to update the City's Floodplain Management Regulations (Chapter 2 1.1 10 of the Carlsbad Municipal Code) and a Local Coastal Program Amendment to ensure consistency between the City's zoning regulations and the local coastal program. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5158 RECOMMENDING ADOPTION of a Negative Declaration and ADOPT Planning Commission Resolutions No. 5 159 and 5160 RECOMMENDING APPROVAL of ZCA 01-04 and LCPA 02-01 based upon the findings contained therein. 11. INTRODUCTION The proposed project involves a Zone Code Amendment (ZCA) to adopt revisions to the City's Floodplain Management Regulations (Chapter 21.1 10 of the Carlsbad Municipal Code (CMC)) and a Local Coastal Program Amendment (LCPA) to ensure consistency between the City's zoning regulations and the local coastal program. The proposed revisions to the adopted regulations would bring the City's regulations into conformance with the latest wording required by the National Flood Insurance Program (NFIP). Adoption of an amended floodplain management ordinance is a requirement for continued participation in the NFIP. The LCPA is necessary to ensure consistency between the City's zoning regulations and the adopted Local Coastal Program. There are no outstanding planning issues associated with the proposed ZCA or LCPA. 111. PROJECT DESCRIPTION AND BACKGROUND The proposed Zone Code Amendment (ZCA) would revise the City's Floodplain Management Regulations (Chapter 21.110 of the CMC) to bring them into conformance with the latest wording required by NFIP. The LCPA is necessary to ensure consistency between the City's zoning regulations and the adopted Local Coastal Program. The City's current floodplain management regulations (contained in Chapter 2 1.1 10 of the Carlsbad Municipal Code) were adopted on October 11, 1988. The changes being proposed are: a) Update the definitions of "lowest floor" and "substantial improvement" in Chapter 21.1 10; ZCA 01-04LCPA 02-01 - ELOODPLAIN REGULATIONS REVISIONS May 7,2003 Pane 2 b) Update the chapter’s references to relevant studies and maps which are applicable to the regulations; c) Update the requirements/obligations of the Floodplain Administrator (the Planning Commission); and, d) Update the wording related to conditions for variances to the Floodplain Regulations. Each of these proposed changes is discussed in detail in Section IV (Analysis) of this report. B acknround NFIP is a Federal program, which enables property owners in participating communities to purchase insurance protection against losses fiom flooding. Participation in the NFP is based upon an agreement between the federal government and participating communities that have been identified as flood-prone. If a community will adopt and enforce a floodplain management ordinance meeting the minimum NFIP requirements to reduce future flood risks to new construction in Special Flood Hazard Areas, the Federal Emergency Management Agency (FEMA), through the Federal Insurance Administration (FIA), will make flood insurance available within the community as a financial protection against flood losses. The Department of Water Resources (DWR) prepared and published a California Model Floodplain Management Ordinance in December 2001 to assist communities in meeting the NFIP requirements. Communities that do not adopt and enforce an acceptable floodplain ordinance can be suspended from the program. A suspension would occur only after FEMA has provided assistance to the community to help it come into compliance with the latest minimum requirements. Compliance is monitored through periodic Community Assistance Visits. A Community Assistance Visit is a scheduled visit to an NFIP community for the purposes of maintaining periodic contact with the community to evaluate the effectiveness of local floodplain management practices and to offer assistance if needed. These visits are conducted by a representative of the DWR. The City of Carlsbad entered into NFIP in 1977. A Community Assistance Visit in 1994 found that the City was meeting all NFIP requirements. The most recent Community Assistance Visit occurred in April of 1999. During that visit, the DWR staff determined that the City’s Floodplain Regulations would need to be updated to meet the minimum NFIP requirements as specified in the Code of Federal Regulations (Title 44, Sections 59, 60.3-60.6). The proposed wording revisions were recommended by DWR. Adoption of the proposed amendment to the floodplain management ordinance is a requirement for the City’s continued participation in the NFIP. IV. ANALYSIS The project requires approval of the following legislative actions: A. Zone Code Amendment to update the City‘s Floodplain Management Regulations (Chapter 21.110 of the Carlsbad Municipal Code); and, ZCA 01-04LCPA 02-01 - bLOODPLAIN REGULATIONS REVISlONS May 7,2003 Pane 3 B. Local Coastal Program Amendment to ensure continued consistency between the City's zoning regulations (Title 21 of the Carlsbad Municipal Code) and the Local Coastal Program. Legislative Actions A. Zone Code Amendment As stated in the introduction, the proposed project involves a Zone Code Amendment (ZCA) to adopt revisions to the City's Floodplain Management Regulations (Chapter 21.1 10 of the CMC). The proposed revisions would bring the City's regulations into conformance with the latest wording required by NFIP, allowing the City to continue to participate in the program. The proposed revised wording would bring the City's regulations into consistency with the California Model Floodplain Management Ordinance issued by the DWR in December 2001. The nature of each of the proposed text changes is discussed below. The proposed changes are identified by the section of the CMC in which they appear. Section 21.1 10.050 Definitions - Subsections 22 and 35 The first change proposed to this section involves updating the definition of "lowest floor" as used in Chapter 21.110. The proposed wording of the definition of "lowest floor" is not substantially different from the current definition. However, the proposed wording would match the definition in the DWR Model Ordinance. The second change would be to the definition of "substantial improvement." The current wording defines a substantial improvement as an improvement which equals or exceeds 30% of the market value of the structure at the start of the improvements. The new wording would increase the cost requirement to 50% of the market value. Thus, more expensive work could be done without triggering the "substantial improvement .I1 The new wording would also delete the word "repair" from the definition. Thus, more routine repairs (even if costly) would not necessarily be considered a "substantial improvement." Section 21.1 10.070 Basis for establishing the areas of special flood hazard The second proposed text change would affect Section 21.1 10.070 and would update the chapter's references to relevant studies and maps which are applicable to the regulations. The current wording refers to reports dated 1983 as the basis for the identification of flood hazard areas in the City. The proposed new wording would refer to the latest approved map/study (1997 documents) as the basis for such determinations. The new wording would also include the words "and subsequent amendments and/or revisions," thus eliminating the need to update the ordinance every time the Flood Insurance Rate Maps (FIRM) are revised. ZCA 01-04/LCPA 02-01 - FLOODPLAIN REGULATIONS REVISlrlNS May 7,2003 Section 2 1.1 10.240 Aupeals - Subsection e The third proposed change would update the requirements/obligations of the Floodplain Administrator (the Planning Commission) as contained in Section 2 1.1 10.240. The current wording of this section requires that the Flood Plain Administrator (the Planning Commission) maintain a record of all appeal actions and report any variances granted to the FIA if7when the FIA requests the information. The proposed new wording would eliminate the reference to "appeals" and use the word "variances", which is more consistent with the rest of the section. The new wording would also require that the City maintain a record to show justification for any floodplain variances issued. Finally, the new wording would require that a report of any/all floodplain variances be issued biennially rather than "on request'' as currently required. Section 21.1 10.250 Conditions for variances - Subsection f The fourth proposed change affects Section 21.1 10.250 and would update the wording related to conditions for variances to the Floodplain regulations. The current wording requires that notice be given to the builder/developer that cost of flood insurance will be commensurate with the fact that the building is being built below regulatory flood elevation. It does not specify how that notice is to be given or what the cost of the insurance may be. The proposed new wording requires that such notice be given in writing over the signature of the Deputy Public Works Director - Engineering Services. It also identifies how much the increased insurance may cost: as much as $25 for each $200 of coverage. B. Local Coastal Program Amendment Normally, when the City amends the zoninglland use regulations (Title 21 of the CMC), staff also prepares an LCPA for the sections of Title 21 being amended. That LCPA is submitted to the Coastal Commission for its review and approval. This ensures that the City's zoninglland use regulations are consistent with the zoninglland use regulations that the Coastal Commission has for the City. It allows the Coastal Commission to evaluate whether it believes the proposed amendment(s) will have any negative impact on land use policies in the Coastal Zone. In the instance of this proposed amendment, staff would submit the entire Chapter 21.1 10 (Floodplain Management Regulations) to the Coastal Commission rather than just the sections being amended to ensure zoning and coastal program consistency. This is because the City adopted the entire text of Chapter 2 1.1 10 after the effective date of the City's initial Local Coastal program. The Local Coastal Program for Carlsbad went into effect in the fall of 1981. The current Chapter 21.1 10 was adopted in late-November 1981. Prior to that, Title 21 did not contain any regulations dealing with floodplain management. Thus, the City's floodplain regulations were never a part of the initial Local Coastal Program. Further, since the floodplain regulations have not been amended since their original adoption by the City, they have never officially been made a part of the City's Local Coastal Program. ZCA 01-04LCPA 02-01 - FLOODPLAIN REGULATIONS REVISIONS May 7,2003 Pane 5 Staff has reviewed Chapter 21.1 10 as amended for consistency with the Local Coastal Program and believes that the chapter is and would remain consistent with the Coastal Program. The land use policies in the Coastal Zone address such issues as: a) preservation of prime agricultural lands and scenic resources; b) preservation, protection, and enhancement of the habitat value of environmentally sensitive lands and steep slopes; c) control of development to ensure provision of public access to shoreline of beaches and lagoons for recreation; d) prevention of erosion and/or sedimentation into coastal resources; and e) prevention of geologic instability. Nothing in the proposed amendment would conflict with these policies. Additionally, it should be noted that the City has never granted a variance to its floodplain regulations. Thus, the existing floodplain regulations and the proposed new wording would both be consistent with the City's Local Coastal Program regulations and policies. V. ENVIRONMENTAL REVIEW The Planning Department has conducted an environmental review of the proposed project pursuant to the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. The environmental analysis concluded that this ZCNLCPA will not result in any physical, biological or human environmental impacts and that the amended floodplain regulations are comparable to the existing regulations with respect to environmental protection and no significant environmental impacts are anticipated to occur. Consequently, the Planning Director issued a Negative Declaration on May 14, 2002. No written comments were received in response to the environmental document. ATTACHMENTS: 1. 2. 3. 4. Planning Commission Resolution No. 5 158 (Neg Dec) Planning Commission Resolution No. 5 159 (ZCA) Planning Commission Resolution No. 5 160 (LCPA) Exhibit "Z" dated May 7,2003 (ShadedStrikeout Version) EXHIBIT "Z" May 7,2003 21 .I 10.050 Definitions. (22) "Lowest floor" means the lowest floor of the lowest enclosed area, {including basement] (see "Basement" definition). A. An unfinished or flood-resistant enclosure, below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not it considered a building's lowest floor? provided wc Ie ,- conforms to applicable non-elevation design requirements, including, but not limited to: ZCA 01-04 *.. (1) the anchoring standards in Section 21.1 10.160(1) (2) the construction materials and methods standards in Section 21.1 10.160(2) (3) the wet floodproofing standard in Section 21.1 10.160(3) (4) the standards for utilities in Section 21.1 10.170 (35) "Substantial improvement" means any fepak, rcc reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds #4#y fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (A) Any project for improvement of a structure to correct existing violations or wmp+wtb w&mg state or local health, sanitary or safety code specifications which- have been identified by the applicable code enforcement officials and which are the minimum necessary to assure safe living conditions; or (6) Any alteration of a - "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure". 21.1 10.070 Basis for establishing the areas of special flood hazard. The areas of special flood hazardw Federal Emergency Management Agency (FEMA) X County and incorporated greas Flood Insurance Study (FIS), dated June 19, 1997, and accompanying Flood Insurance Rate Map (FIRM), dated June 19, 1997, and all subsequent amendments and/or revisions is are hereby adopted by reference and declared to be a part of this &aptef ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas that allow implementation of this ordinance and are recommended to the City Council by the Floodplain Administrator. This 1- 1 The FIS and FIRM are on file in the office of the City Engineer in in identified by the Federal Insurance Administration (FIA) of the I.".? ' .. .. .. 1 11 ,I 47 EXHIBIT "Z" May 7,2003 21.1 10.240 Appeals. will maintain #be a record6 of all appeal variance actions, including justification for their issuance, and report any such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency upweqw& ZCA 01 -04 (e) The #Floodplain aAdministrator 21.1 10.250 Conditions for variances. (f) Any applicant to whom a variance is granted shall be given written notice over the signature of the Deputy Public Works Director - Engineering Services that the 5 issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $200 of insurance coverage with the increased risk resulting from the reduced lowest floor elevation. Acopy of the notice shall be recorded by the floodplain administrator in the office of the San Diego County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. Planning Commission Minutes May 7,2003 6. ZCA 01 -041LCPA 02-01 - FLOODPLAIN REGULATIONS REVISIONS - Request for approval of a Negative Declaration and a Zone Code Amendment to update the City’s Floodplain Management Regulations (Chapter 21 .I 10 of the Carlsbad Municipal Code) and a Local Coastal Program Amendment to ensure consistency between the City’s zoning regulations and the local coastal program. Mr. Neu introduced Item #6 and stated that Senior Planner, Elaine Blackburn, would make the presentation. Chairperson Baker opened the public hearing on Item #6. Senior Planner, Elaine Blackburn, presented the Staff Report stating that this Item is a proposed Zone Code Amendment and Local Coastal Program Amendment involving the City’s floodplain regulations. The purpose of this project is two-fold. The first part is the Zone Code Amendment and that is being done now to maintain consistency with State requirements. This is being amended in order to be consistent with the State’s Model Ordinance that the City has to do in order to stay in the National Flood Insurance Program. The second part of the project is the Local Coastal Program Amendment that is typically done with a Zone Code Amendment or General Plan Amendment to ensure consistency with the City’s Local Coastal Program. In this instance, it‘s a little different because the entire chapter of the floodplain regulations would have to go to the Coastal Commission on this LCPA. Normally, only the amended portion is sent. In this case, because the original floodplain regulations were adopted after the Local Coastal Program became effective, they would actually be seeing the entire package of that chapter. The National Flood Insurance Program is a Federal program that enables property owners in the communities that participate in the program to buy insurance protection for flood losses. Participation in that program is based upon an agreement upon the designation of the flood-prone areas between the community, the state, and the national program, and the contingency that the community will enforce floodplain regulations in the form of an ordinance that will minimize the potential of loss from flood damage. The City entered the NFlP in 1977. Periodically, the City receives community assistance visits that are conducted by representatives from the Department of Water Resources. They look at the City’s regulations and make sure that everything is consistent with their regulations. In 1999, the City had a community assistance visit that identified some needed changes to the existing text, all of which were to bring the wording into consistency with the latest version of the State’s Model Ordinance. There are two changes to the “Definitions” section. One has to do with the definition of lowest floor. There is very little change in that. The change in the definition of substantial improvement is one that changes what constitutes a substantial improvement as opposed to a repair. The meaning of that definition is pertinent in that communities would regulate what they want to designate as substantial improvement versus a minor repair. There are different standards that have to be adhered to for substantial improvements than you have to adhere to for minor repairs. Current wording in the City’s ordinance says that anything over 30% of the market value of the structure when the improvement is started makes it a substantial improvement. Times have changed economically now and one could be doing some fairly expensive repairs that do not necessarily constitute a substantial improvement. The value amount has been upgraded in the State’s Ordinance to 50% of the market value at the start of the substantial improvement. Another change is the section that refers to specific dated maps as the basis for the determination of floodplain boundaries and designations. Those maps have been changed over time. This change would update the City’s code to refer to the dates of the latest maps and studies and would add the wording “and subsequent amendments” which would make it easier for the City in that it would not have to be amended every time the maps are updated. The next change has to do with the ”Appeals” section that deals with variances. In the current regulations, the floodplain administrator, which is the Planning Commission, is tasked with reporting on any variances that have been issued, when the State sends a request asking for such a report. The City has never sent one because the City has never granted any variances. It is extremely unlikely that any variances would ever be granted. Special Use Permits are approved for development in the high hazard areas along the beach and such, but variances have not been granted by the City. What the new wording 49 Planning Commission Minutes May 7,2003 Page 12 would do is change that requirement to say that the report on variances issued had to be proactively issued by the City biennially, rather than waiting for it to be requested from the State. There is no substantial change in how that would be done. Had the State asked for one this year, the Public Works Department, Engineering Division, would have created such a report and brought it to the Planning Commission as an information item. That procedure would not change with the new wording. The next section concerns conditions for variances. The current wording says that when a variance is issued, the developer must be informed that his insurance is going to be potentially very expensive. It does not specify how that disclosure is delivered to the developer, and it does not specify a dollar amount. The proposed new wording would say that the notice has to be given to the developer over the signature of the City Engineer and that it has to be in writing, which formalizes the disclosure requirement. It also has to state a dollar amount that the insurance might cost, which the current State ordinance says could be $25 for every $200 worth of insurance coverage. With regard to the Local Coastal Program Amendment that would be involved in this, it is somewhat different from the usual. In the fall of 1981, the City’s Coastal Program became effective. It was later that winter that the City adopted this chapter, which is why the whole chapter would be part of the LCPA. Staff has reviewed this proposed amendment and brought everything into compliance with the State ordinance as required to continue participating in the program and Staff recommends approval of the Zone Code Amendment and the LCPA. Commissioner Montgomery asked if there is anything in this approval that would cause the Coastal Commission to have further tentacles into the City. The floodplain areas of the City obviously are not all coastal, yet if there are impacts from those areas that would come into the coastal areas, the Coastal Commission might be further involved. Ms. Blackburn replied that there is nothing in the wording of this amendment that would allow the Coastal Commission in any objectable, unreasonable way further ingress into control over what happens in the City. There is no discussion in the amendment of coastal resources nor is it related to coastal resources or protection of those resources. It doesn’t have anything that numerically quantifiably ties into the location of resources or coastlines, or water lines for the lagoons. It involves very minor wording changes. The Coastal Commission may have some issues with it, but it shouldn’t be because of the wording changes, but rather because they have not reviewed the entire ordinance ever before. Commissioner Whitton asked if there has been any effort to clarify the sentences on page one of the proposed ordinance. Ms. Blackburn stated that the sentences in question involved the definitions of substantial improvement that had a beginning quotation, but not an end quotation. That will be corrected. Commissioner Whitton asked for parenthetical clarification for the subsequent sentences. Ms. Blackburn said that the State requires using their wording exactly. Chairperson Baker asked if there was anyone in the audience who wanted to speak on this Item. Seeing none, Chairperson Baker asked for a motion. MOTION ACTION: Motion by Commissioner White, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 51 58 recommending adoption of a Negative Declaration and adopt Planning Commission Resolutions No. 5159 and 5160 recommending approval of ZCA 01-04 and LCPA 02-01, based upon the findings and subject to the conditions contained therein. Chairperson Baker called for a vote. VOTE: 7-0 AYES: NOES: None ABSTAIN: None Baker, Dominguez, Heineman, Montgomery, Segall, White, and Whitton Planning Commission Minutes May 7,2003 Page 13 Chairperson Baker thanked the Staff for their presentation and closed the public hearing on Item #6. PROOF OF PUBLICTION (2010 4% 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego .? This space is for the County Clerk's Filing Stamp I 8-0 I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of Proof of Publication of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: JUNE 13,2003 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS, California This 13TH day of JUNE, 2003 Signature NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, June 24, 2003, to consider a request for approval of a Negative Declaration and a Zone Code Amendment to update the City's Floodplain Management Regulations (Chapter 21 .I 10 of the Carlsbad Municipal Code) and a Local Coastal Program Amendment to ensure consistency between the City's zoning regulations and the local coastal program. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after Friday, June 20, 2003. If you have any questions, please call Elaine Blackburn in the Planning Department at (760) 602- 4621. If you challenge the Negative Declaration, Zone Code Amendment and/or Local Coastal Program Amendment 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, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: ZCA 01 -04/LCPA 02-01 CASE NAME: FLOODPLAIN REGULATIONS REVISIONS PUBLISH: June 13,2003 CITY OF CARLSBAD CITY COUNCIL Smooth Feed SheetsTM Use temptate for 5160* CARLSBAD UNlF SCHOOL DlST 801 PINEAVE CARLSBAD CA 92008 SAN DIEGUITO SCHOOL DlST 701 ENClNlTAS BLVD ENClNlTAS CA 92024 I CITY OF ENCINITAS 505 S VULCAN AVE ENClNlTAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 U.S. FISH &WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92009 CITY OF CARLSBAD PUBLIC WORKSlCOMMUNlTY S ERVl CES CITY OF CARLSBAD PROJECT PLANNER ELAINE BLACKBURN SAN MARCOS SCHOOL DlST 1 CIVIC CENTER DR SAN MARCOS CA 92069 LEUCADIA CNTY WATER DlST 1960 LA COSTA AVE CARLSBAD CA 92009 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 VALLECITOS WATER D IST 788 SAN MARCOS BLVD SAN MARCOS CA 92069 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 AIR POLLUTION CNTRL DlST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 CITY OF CARLSBAD PUBLIC W ORKSlENG I NEERl NG DEPT ENCINITAS SCHOOL DlST 101 RANCHO SANTA FE RD ENClNlTAS CA 92024 OLIVENHAIN WATER DlST 1966 OLIVENHAIN RD ENClNlTAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 I I. 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SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 SANDAG STE 800 401 B STREET SANDIEGO CA 92101 ATTN TED ANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CITY OF CARLSBAD MU N I C I PAL WATER D STRICT 05/30/2003 aAVERY@ Address Labels laser 5160@ Smooth Feed SheetsTM CARLSBAD CHAMBER OF COMMERCE JAN SOBEL 5934 PRIESTLY DR CARLSBAD CA 92008 CALTRANS DISTRICT 11 BILL FIGGE MAIL ST 50 P 0 BOX 85406 SAN DIEGO CA 921 86-5406 U S FISH &WILDLIFE SERVICE JOHN MARTIN 6010 HIDDEN VALLEY ROAD CARLSBAD CA 92009- BUREAU OF INDIAN AFFAIRS RONALD M JAEGER 2800 COTTAGE WAY SACRAMENTO CA 95825 CHANNEL ISLANDS NATIONAL PARK SUPERINTENDENT 1901 SPINNAKER DR SAN BUENA VENTURA CA 93001 AVERYO Shipping Labels ANTHONY & DICKY BONS 25709 HILLCREST AV ESCONDIDO CA 92026-8650 REG WATER QUALITY CONTROL BD STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 FEDERAL AVIATION ADMIN WESTERN REG PO BOX 92007 LOSANGELES CA 90009 BARRY BRAYER, AWP-8 BUSINESS, TRANSPORTATION & HSG AGENCY PATRICIA W NEAL DEPUTY SEC HOUSING STE 2450 980 NINTH ST SACRAMENTO CA 95814 COASTAL CONSERVANCY STE 11 00 1330 BROADWAY OAKLAND CA 94612 Laser 5163@ Smooth Feed SheetsTM COUNCIL ON ENVIRONMENTAL QUALITY CHAIRMAN 722 JACKSON PL NW WASHINGTON DC 20006 DEPARTMENT OF DEFENSE LOS ANGELES DlST ENGINEER PO BOX 271 1 LOSANGELES CA 90053 DEPARTMENT OF ENERGY STE 400 611 RYAN PLAZA DR ARLINGTON TX 7601 1-4005 DEPARTMENT OF FISH & GAME ENVIRONMENTAL SERVICES DIV P 0 BOX 944246 SACRAMENTO CA 94244-2460 DEPARTMENT OF FORESTRY DOUG WICKIZER, ENVIR COORD P 0 BOX 944246 SACRAMENTO CA 94244-2460 AVERYG Shipping Labels DEPARTMENT OF ENERGY CLIFFORD EMMERLING, DIR STE 350 901 MARKETST SAN FRANCISCO CA 94103 DEPARTMENT OF FOOD &AGRICULTURE STEVE SHAFFER, AGRICULTURE RESOURCES RM 100 1220 N ST SACRAMENTO CA 95814 DEPARTMENT OF HOUSING & URBAN DEVE DUNCAN LENT HOWARD, REG ADMIN 450 GOLDEN GATE AV SAN FRANCISCO CA 94102 Laser 5163@ Smooth Feed SheetsTM DEPARTMENT OF JUSTICE DEPUTY ATTORNEY GENERAL RM 700 110 WEST A ST SAN DIEGO CA 92101 ENERGY RESOURCES, CONSERVATION & DEVELOPMENT COMM CHUCK NAJARIAN 1516 NINTH ST SACRAMENTO CA 95814 DEPARTMENT OF TRANSPORTATION RM 5504 1120 N ST SACRAMENTO CA 95814 MARINE RESOURCES REGION, DR & G ENVIRONMENTAL SERVICES, SPR 350 GOLDEN SHORE LONGBEACH CA 90802 OFFICE OF PLANNING & RESEARCH OFFICE OF LOCAL GOVERNMENT AFFAIRS NATIONAL OCEANIC & ATMOSPHERIC ADMIN OCRM,55MC4 PO BOX 3044 SACRAMENTO CA 93044 1305 EAST-WEST HWY NlORM - 3 SILVER SPRING MD 20910 SAN FRANCISCO BAY CONSERVATION & DEVMT COMMISSION BILL TRAVIS STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941 11-4704 STATE LANDS COMMISSION DWIGHT SANDERS STE 1005 100 HOWE AV SACRAMENTO CA 95825-8202 .&VEWfc Shipping babels U S BUREAU OF LAND MGMT STE RM W 1834 2800 COTTAGE WAY SACRAMENTO CA 95825 Laser 5163@ Smooth Feed SheetsTM U S FISH 81 WILDLIFE SERVICE 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825-1 888 USDA - RURAL DEVELOPMENT DEPT 41 69 430 "G" ST DAVIS CA 95616 CITY OF ENCINITAS COMDEV DEPT 505 S VULCAN AV ENCINITAS CA 92024 SANDAG-EXEC DIRECTOR GARY GALLEGOS STE 800 1 ST INT'L PLAZA 401 "B" ST SAN DIEGO CA 92101 AWERYF Shipping Labels U S BUREAU OF RECLAMATION 2800 COTTAGE WAY SACRAMENTO CA 95825 MI D-PAC1 FIC REGION U S ARMY CORPS OF ENGINEERS LILY ALY EA STE 702 333 MARKET ST SAN FRANCISCO CA 94105-2197 WATER RESOURCES CONTROL BD PO BOX 100 SACRAMENTO CA 95801 TABATA FARMS PO BOX 1338 CARLSBAD CA 9201 8-1 338 Laser 5163@ Smooth Feed SheetsTM LESLIE ESPOSITO 1893 AMELFI DR ENClNlTAS CA 92024 LAKESHORE GARDENS TOM BENSON 7201 AVENIDA ENCINAS CARLSBAD CA 92009 JOHN LAMB 1446 DEVLIN DR LOSANGELES CA 90069 SAN DIEGO GAS & ELECTRIC KIM BLESSANT 101 ASH STREET SANDIEGO CA 92101- COUNTY OF SD SUPERVISOR BILL HORN ART DANELL RM 335 1600 PACIFIC HIGHWAY SANDIEGO CA 92101 AERY@ Shipping Labels CYRIUMARY GIBSON 12142 ARGYLE DR LOSALAMITOS CA 90702 LANIKAI LANE PARK SHARP SPACE3 6550 PONTO DRIVE CARLSBAD CA 92008 STATE LANDS COMMISSION MARY GRIGGS STE 100 S 100 HOWE AV SACRAMENTO CA 95825-8202 PERRY A LAMB 890 MERE POINT RD BRUNSWICK ME 04011 Laser 5 163@ Smooth Feed SheetsTM S D CO PLANNING & LAND USE DEPT JAON VOKAC 5201 RUFFIN ROAD SANDIEGO CA 92123 STE B-5 COASTAL CONSERVANCY RICHARD RETECKI STE 11 00 1330 BROADWAY OAKLAND CA 94612 DALElDONNA SCHREIBER 7163 ARGONAUTA WAY CARLSBAD CA 92009 CALIFORNIA RESOURCES AGENCIES STE 1311 1416 9TH ST SACRAMENTO CA 95814 CRA PRESIDENT LEE ANDERSON 5200 EL CAMINO REAL CARLSBAD CA 92008 FLOYD ASHBY 416 LA COSTA AV ENClNlTAS CA 92024 GEORGE BOLTON 6583 BLACKRAIL RD CARLSBAD CA 92009 SANDAG-LAND USE COMMISS NAN VALERIO STE 800 401 “B” STREET SAN DIEGO CA 92101 Laser 5 163@ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, [DATE], to consider a request for approval of a Negative Declaration and a Zone Code Amendment to update the City's Floodplain Management Regulations (Chapter 21.110 of the Carlsbad Municipal Code) and a Local Coastal Program Amendment to ensure consistency between the City's zoning regulations and the local coastal program. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after [DATE]. If you have any questions, please call Elaine Blackburn in the Planning Department at (760) 602-4621. If you challenge the Zone Code Amendment and Local Coastal Program Amendment 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. CASE FILE: ZCA 01 -04/LCPA 02-01 CASE NAME: FLOODPLAIN REGULATIONS REVISIONS PUBLISH: [DATE] CITY OF CARLSBAD CITY COUNCIL