HomeMy WebLinkAbout2003-07-08; City Council; 17234; Amending Floodplain Management RegulationsAB# 17,234
MTG. 7-8-03
DEPT. CLK
ADOPTION OF ORDINANCE NO. NS-664
AMENDING THE FLOODPLAIN MANAGEMENT
REGULATIONS (CHAPTER 21 .I IO OF THE
CARLSBAD MUNICIPAL CODE)
DEPT. HD. A
CITY ATTY.
CITY MGR
RECOMMENDED ACTION:
Adopt Ordinance No. NS-664 amending the Floodplain Management Regulations (Chapter
21.110 of the Carlsbad Municipal Code) by the amendment of the various sections to
incorporate updated wording.
ITEM EXPLANATION:
Ordinance No. NS-664 was introduced and first read at the City Council meeting held on
June 24, 2003. The second reading allows the City Council to adopt the ordinance, which
would then become effective in thirty days. The City Clerk will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 17,222 on file with the City Clerk.
EXHIBITS :
1. Ordinance No. NS-664.
DEPARTMENT CONTACT: Janice Breitenfeld (760) 434-2927, jbrei@ci.carlsbad.ca.us
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ORDINANCE NO. NS-664
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE FLOODPLAIN
MANAGEMENT REGULATIONS (CHAPTER 21.1 10 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 21.1 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 21.110.160(1)
(2) the construction materials and methods standards in Section 21.1 10.160(2)
(3) the wet flood proofing standard in Section 21.1 10.160(3)
(4) the standards for utilities in Section 21.1 10.170."
SECTION 2: That Title 21, Chapter 21.1 10 of the Carlsbad Municipal Code is amended
by the amendment of Section 21 .I 10.050(35) to read as follows:
"21 .110.050 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 s t r u ct u re's con t i n u ed d e s ig nation as a I' h is t o r i c s t r u c t u re" .'I
SECTION 3: That Title 21, Chapter 21.1 10 of the Carlsbad Municipal Code is amended
by the amendment of Section 21.1 10.070 to read as follows:
"21.1 10.070 Basis for establishing the areas of special flood hazard.
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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 Insurancc
Rate Map (FIRM), dated June 19, 1997, and all subsequent amendments andlor revisions arc
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 be
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 21.110 of the Carlsbad Municipal Code is amended bl
the amendment of Section 21.1 10.240(e) to read as follows:
"21. I 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 Management
Agency. "
SECTION 5: Title 21, Chapter 21.110 of the Carlsbad Municipal Code is amended by
the amendment of Section 21.1 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.
Ill
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111 Ordinance No. NS-664
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INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad City
Council on the 24th day of JUNE , 2003, and thereafter.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California, held on the 8th day of JULY 2003, by
the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard
NOES: None
ABSENT: None
ABSTAIN: None -
ATTEST:
(SEAL)
Ordinance No. NS-664
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