HomeMy WebLinkAbout2020-02-11; City Council; ; Continued to 04/07/2020-Update the city's floodplain management regulations to ensure consistency with federal guidelinesFebruary 11, 2020
4. UPDATE CITY'S FLOODPLAIN MANAGEMENT REGULATIONS TO ENSURE CONSISTENCY WITH
FEDERAL GUIDELINES-Introduction of an ordinance approving a Zone Code Amendment and
Local Coastal Program amendment to ensure consistency with federal guidelines related to
Floodplain Management Regulations. Case Name: Floodplain Management Regulations
Amendments. Case No. ZCA 2019-0001/LCPA 2019-0004 (PUB2019-0010); and,
Adoption of a resolution approving a Zone Code Amendment and a Local Coastal Program
Amendment to update the City's Floodplain Management Regulations to ensure consistency
with federal guidelines related to Floodplain Management Regulations. (Staff contact:
Melanie Saucier, Community Development)
THIS ITEM WAS
CONTINUED TO THE
APRIL 7, 2020 CITY
COUNCIL MEETING.
~ CITY COUNCIL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
Feb. 11,2020
Mayor and City Council
Scott Chadwick, City Manager
Melanie Saucier, Associate Planner
melanie.saucier@carlsbadca.gov, 760-602-4605
CAReview '/?!(___
Subject: Update the city's floodplain management regulations to ensure
consistency with federal guidelines.
Project Name: Floodplain Management Regulations Amendments
/
Project No.: ZCA 2019-0001/LCPA 2019-0004 (PUB 2019-0010)
Recommended Action
That the City Council hold a Public Hearing and (1) introduce an ordinance approving an
amendment to the Zoning Ordinance ZCA 2019-0001; and (2) adopt a resolution approving a
Local Coastal Program Amendment LCPA 2019-0004 to amend Title 21 of the Carlsbad
Municipal Code (CMC) to update the city's Floodplain Management Regulations to ensure
consistency with federal guidelines, as recommended for approval by the Planning Commission.
Executive Summary
This project is a city-initiated Zone Code Amendment and Local Coastal Program Amendment to
amend the text of the Floodplain Management Regulations (CMC Section 21.110). The
proposed amendments have been drafted in cooperation with the Federal Emergency
Management Agency (FEMA) and are intended to ensure the city's floodplain management
regulations are consistent with FEMA requirements. To remain a National Flood Insurance
Program (NFIP) community, the city must regulate development in our flood hazard areas per
the requirements of the FEMA Floodplain Management Ordinance along with other various
technical documents published by FEMA. These changes are being brought to the City Council
for consideration as only'the City Council can adopt changes to the Carlsbad Municipal Code.
Discussion
The proposed amendments to the Zoning Ordinance are necessary to implement new guidance
and regulations from Title 44 Code of Federal Regulations Sections 59.1 and 60.3 and the
California Model Floodplain Management Ordinance for Coastal Communities (December
2006). The proposed amendments to the Zoning Ordinance are provided in
strikethrough/underline format (Exhibit 3) and are summarized below. A detailed summary of
the changes and background are contained in the Planning Commission Staff Report (Exhibit 5).
Feb. 11, 2020 Item #4 Page 1 of 60
A summary of the main changes is listed below:
• The definitions Section 21.110.050 has been updated based on FEMA requirements
• Change term "100-year flood event" to a "1-percent-annual-chance flood" throughout
the ordinance
• Clean up and addition of FEMA requirements in Section 21.110.130 on Special Use
Permits
• Updates to floodplain administrator designation and duties and responsibilities of
floodplain administrator
• Updates made to Standards of construction Section 21.110.160 stating that elevation to
base flood level is now required to be elevated two feet above the base flood elevation
• New FEMA requirements for garages and accessory structures were added to Section
21.110.160
• New FEMA standards updated for Manufactured Homes and Recreational Vehicles
• Updates to Coastal high hazard areas stating that no fill, new basements, expansion of
basements, or improvements to basements shall be permitted
• Previous section on Appeals is now titled Variances
General Plan
The proposed amendments to the Floodplain Management Regulations are consistent with the
General Plan and directly implement General Plan, in that Public Safety Flooding and Coastal
Hazards Policy 6-P.1 directs the city to enforce the Cobey-Alquist Floodplain Management Act
and the city's Floodplain Management Regulations to prohibit construction of structures in a
designated floodway where such development would endanger life or significantly restrict the
carrying capacity of the designated floodway; and to regulate development within other areas
of special flood hazard, flood related erosion hazard and mudslide hazard to ensure such
development does not adversely affect public health and safety due to water and erosion
hazards, or result in damaging increases in erosion, flood height or velocities. The amendments
are also consistent with the General Plan in that the proposed amendments implement the
General Plan Public Safety Flooding and Coastal Hazards Policy 6-P.8, which requires the city to
comply with Federal Emergency Management Agency requirements to identify flood hazard
areas and control development within these areas in order for residents to qualify for federal
flood insurance.
Planning Commission Meeting
On Dec. 4, 2019, the Planning Commission conducted a Public Hearing and recommended
approval (6-0-1 with Commissioner Luna absent) of the Zoning Ordinance Amendment and
Local Coastal Program Amendment. No public comments were received. See Planning
Commission Resolution in Exhibit 4 and Planning Commission minutes in Exhibit 6.
Fiscal Analysis
There is no anticipated fiscal impact from this item.
Next Steps
The City Council's next action would be the second reading ofthe Ordinance. Following this
action, amendments to Title 21 will become effective outside of the coastal zone immediately
Feb. 11, 2020 Item #4 Page 2 of 60
and amendments inside the coastal zone will become effective when the California Coastal
Commission approves the Local Coastal Program Amendment. Staff will submit an application
for a Local Coastal Program Amendment to the California Coastal Commission following City
Council approval of the Amendments.
Environmental Evaluation (CEQA)
The city planner has determined that the project is a minor zone code and general plan
amendment that retires or clarifies existing land use standards and would have no significant
effect on the environment. Therefore, the project is exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Carlsbad Municipal
Code Section 19.04.070 A.1.c.i.
Public Notification
Information regarding public notifications of this item such as mailings, Public Hearing notices
posted in the newspaper and on the city website are available in the Office of the City Clerk.
Exhibits
1. City Council Ordinance
2. City Council Resolution
3. Proposed Text Changes in the Zone Code shown in strikeout-underline format
4. Planning Commission Resolution
5. Planning Commission Staff Report dated Dec. 4, 2019
6. Planning Commission Minutes dated Dec. 4, 2019
Feb. 11, 2020 Item #4 Page 3 of 60
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A ZONE CODE AMENDMENT AND LOCAL
COASTAL PROGRAM AMENDMENT TO ENSURE CONSISTENCY WITH
FEDERAL GUIDELINES RELATED TO FLOODPLAIN MANAGEMENT
REGULATIONS.
CASE NAME: FLOODPLAIN MANAGEMENT REGULATIONS
AMENDMENTS
CASE NO.: ZCA 2019-0001/LCPA 2019-0004 (PUB2019-0010)
EXHIBIT 1
WHEREAS, the city planner has prepared a Zone Code Amendment (ZCA 2019-0001)/Local
Coastal Program Amendment (LCPA 2019-0004) pursuant to Chapter 21.52 of the Carlsbad Municipal
Code, Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations
Title 14, Division 5.5; and
WHEREAS, the Carlsbad Zone Code is the implementing ordinance of the Carlsbad Local Coastal
Program, and therefore, an amendment to the Zone Code also constitutes an amendment to the Local
Coastal Program; and
WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review
period for the Local Coastal Program Amendment began on Nov. 22, 2019 and ended on Jan. 3, 2020;
and
WHEREAS, on Dec. 4, 2019, the Planning Commission held a duly noticed public hearing as
prescribed by law to consider ZCA 2019-0001/LCPA 2019-0004; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7353
recommending to the City Council that ZCA 2019-0001/LCPA 2019-0004 be approved; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed Public Hearing as
prescribed by law to consider ZCA 2019-0001/LCPA 2019-0004; and
Feb. 11, 2020 Item #4 Page 4 of 60
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, including written public
comments, if any, related to ZCA 2019-0001/LCPA 2019-0004; and
WHEREAS, the findings of the Planning Commission in Resolution No. 7353 constitute the
findings of the City Council in this matter.
NOW THEREFORE, the City Council of the City of Carlsbad, California, ordains as
follows that:
1. The above recitations are true and correct.
2. The findings of the Planning Commission in Planning Commission Resolution No.
7353 shall also constitute the findings of the City Council.
3. Carlsbad Municipal Code Section 21.110 is amended to read as follows:
21.110.010 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. (Ord. NS-39 § 1,
1988)
21.110.030 Statement of purpose.
(a) The floodplain management regulations are necessary due to the following facts:
(1) The flood hazard areas of the city are subject to periodic inundation that may result 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.
(2) These flood losses are caused by the cumulative effect of obstructions in areas of
special flood hazards that 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.
(b) 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;
Feb. 11, 2020 Item #4 Page 5 of 60
(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
{9) Recognize floodplain areas as potential open space resources and encourage
compatible open space uses wherever possible. (Ord. CS-102 § CXXIII, 2010; Ord. NS-39 § 1,
1988)
21.110.040 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. {Ord. NS-39 § 1, 1988)
21.110.050 Definitions.
For the purposes of this chapter, the following words and phrases have the meaning respectively
ascribed to them by this section:
{1) "1-percent-annual-chance flood" means the flood having one chance in 100 of being
equaled or exceeded in any one-year period (also known as the 100-year flood or base flood).
(2) "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.
{3) "Area of shallow flooding" means a designated A, AO, AH or VE 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.
Feb. 11, 2020 Item #4 Page 6 of 60
(4) "Area of special flood-related erosion hazard" means the area subject to severe flood
related erosion losses. The area is designated as zone Eon the Flood Insurance Rate Map (FIRM).
(5) "Area of special mudslide (i.e., mudflow) hazard" means the area subject to severe
mudslides (i.e., mudflows). The area is designated as zone Mon 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 1-percent-annual-chance or 100-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 breakaway walls must be certified by a
registered engineer or architect and shall meet the following conditions:
(A) Breakaway wall collapse shall result from 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 area" 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 Vl-30, VE or V.
(10) "Development" means any man made 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 or storage of equipment or materials.
(11) "Encroachment" means the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structure.s or development into a floodplain which may impede
or alter the flow capacity of a floodplain.
(12) "Existing manufactured home park or subdivision" means a manufactured home park
or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets and either final site grading or the pouring of concrete pads) was
completed before October 11, 1988.
(13) · "Expansion to an existing manufactured home park or subdivision" means the
preparation of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the construction of
streets and either final site grading or the pouring of concrete pads).
(14) "Flood" or "flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas due to:
Feb. 11, 2020 Item #4 Page 7 of 60
(A) The overflow of floodwaters
(B) The unusual and rapid accumulation or runoff of surface waters from any source
(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.
(15) "Flood Boundary and Floodway Map" means the official map on which the Federal
Emergency Management Agency or the Federal Insurance Administration has delineated both
the areas of flood hazard and the floodway.
(16) "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Emergency Management Agency or the Federal Insurance Administration has delineated both
the areas of special flood hazards and the risk premium zones applicable to the community.
(17) "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.
(18) "Floodplain" or "flood-prone area" means any land area susceptible to being
inundated by water from any source. (See definition of flood above).
(19) "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.
(20) "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.
(21) "Floodproofing" 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.
(22) "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."
{23) "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.
(24) "Highest adjacent grade" means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
Feb. 11, 2020 Item #4 Page 8 of 60
(25) "Historic structure" means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of Interior; or
4. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either by an approved state program as
determined by the Secretary of the Interior or directly by the Secretary of the Interior in
states without approved programs.
(26) "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, induding, but not limited to:
(i) The anchoring standards in Section 21.110.160(1);
(ii) The construction materials and methods standards in Section 21.110.160(2);
(iii) The wet flood proofing standard in Section 21.110.160(3); and
(iv) The standards for utilities in Section 21.110.170.
(27) "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" does not include park trailers, travel trailers and other similar
vehicles placed on a site for greater than one hundred eighty consecutive days.
(28) "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.
(29) "Mean sea level" means the average level of the surface of the ocean from which
heights such as elevation may be measured based on, the National Geodetic Vertical Datum
(NGVD) of 1929, the North American Vertical Datum (NAVD) of 1988, or other datum to which
base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
(30) "New construction" shall mean, solely for the purposes of FEMA determining National
Flood Insurance Program insurance rates, structures for which the "start of construction"
commenced on or after the effective date of an initial FIRM or after October 11, 1988, whichever
is later, and includes any subsequent improvements to such structures.
(31) "New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities, the
Feb. 11, 2020 Item #4 Page 9 of 60
construction of streets and either final site grading or the pouring of concrete pads) is completed
on or after October 11, 1988.
{32) "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment,
levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert,
building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along,
across or projecting into any watercourse which may alter, impede, retard or change the
direction and/or velocity of the flow of water, or due to its location, its propensity to snare or
collect debris carried by the flow of water, or its likelihood of being carried downstream.
{33} "Recreational vehicle" means a vehicle which is:
a. Built on a single chassis
b. Four hundred square feet or less when measured at the largest horizontal
projection
c. Designed to be self-propelled or permanently towable by a light-duty truck;
and
d. Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
(34) "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 state or federal financial exposure with regard to the structure or other development.
(35) "Riverine" means relating to, formed by, or resembling a river (including tributaries),
stream, brook; etc.
{36) "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
(37) "Special flood hazard area (SFHA)" means an area having special flood or flood-related
erosion hazards, and shown on a FIRM as Zones A, AO, AH, Al-30, AE, A99, AR, AR/Al-30, AR/AE,
AR/ AO, AR/ AH, AR/ A, VO, Vl-30, VE, and V.
(38) "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. For a substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that
Feb. 11, 2020 Item #4 Page 10 of 60
alteration affects the external dimensions of the building. For a structure (other than a mobile
home) without a basement or poured footings, the "start of construction" includes the first
permanent framing or assembly of the structure or any part thereof on its piling or foundation.
For mobile homes not within a mobile home park or mobile home subdivisions, "start of
construction" means the affixing of the mobile home to its permanent site. For mobile homes
within mobile home parks or mobile home subdivisions, "start of construction" is the date on
which the construction of facilities for servicing the site on which the mobile home is to be
affixed (including, at a minimum, the construction of streets, either final site grading or the
pouring of concrete pads, and installation of utilities) is completed.
(39) "Structure" means a walled and roofed building, including a gas or liquid storage tank,
that is principally above ground, as well as a manufactured home.
(40) "Substantial damage" means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal or exceed fifty
percent of the market value of the structure before the damage occurred.
(41) "Substantial improvement" means any reconstruction, rehabilitation, addition, or
other proposed new development of a structure, the cost of which equals or exceeds fifty
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."
(42) "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.
(43) "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 development
without the elevation certificate, other certifications, or other evidence of compliance required
in this chapter is presumed to be in violation until such time as that documentation is provided.
(Ord. NS-664 §§ 1, 2, 2003; Ord. NS-39 § 1, 1988)
21.110.060 Applicability.
This chapter shall apply to all areas of special flood hazard areas, areas of flood-related erosion
hazards, areas of mudslide (i.e., mudflow) hazards and any areas identified by the city subject to a 1-
percent-annual-chance-flood 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. (Ord. NS-39 § 1, 1988)
Feb. 11, 2020 Item #4 Page 11 of 60
21.110.070 Basis for establishing the areas of special flood hazard.
The special flood hazard area (SFHA) 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 December 20, 2019, and accompanying Flood Insurance Rate Map
(FIRM), dated December 20, 2019 and all subsequent amendments and/or revisions are hereby
adopted by reference and declared to be a part of this chapter. SFHA include Zones A, AO, AH, Al-30,
AE, A99, AR, AR/Al-30, AR/AE, AR/AO, AR/AH, AR/A, VO, Vl-30, VE, and V. The FIS and attendant
mapping is the minimum area of applicability of this chapter and may be supplemented by studies for
other areas that allow implementation of this chapter 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. (Ord. NS-664 § 3, 2003; Ord. NS-39 § 1, 1988)
21.110.080 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. (Ord. NS-39 § 1, 1988)
21.110.090 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. (Ord. NS-39 § 1,
1988)
21.110.100 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
C. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. NS-
39 § 1, 1988)
21.110.110 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
Feb. 11, 2020 Item #4 Page 12 of 60
reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. NS-39 § 1,
1988)
21.110.130 Special use permit.
A. Special Use Permit Required. A special use permit shall be obtained in addition to any other .
required permits or entitlements before construction or development begins within any
special flood hazard areas, areas of flood-related erosion hazards or areas of mudslide (Le.,
mudflow) hazards established in Section 21.110:070.
1. Exception. The maintenance, repair or replacement of existing previously-permitted
boat docks is not subject to the requirement to obtain a special use permit, provided
that the boat dock pilings will remain in place as part of the proposed work.
B. Permit procedures. Procedures for special use permit shall be subject to the development
permit procedures in Chapter 21.54 and 2L58, including the following:
1. Applications and fees,
2. Decision making authority,
3. Expiration, extensions, and amendments
C. Special application requirements. An application for a special use permit shall:
1. Be accompanied by plans showing the nature, location, dimensions and elevation of
the project site; existing or proposed structures, fill, storage of materials, drainage
facilities; and all other materials as specified by the city planner. Specifically, the
following information must be provided:
a. Proposed elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures; in zone AO or VO, elevation of highest adjacent grade
and proposed elevation of lowest floor of all structures;
b. Proposed elevation in relation to mean sea level to which any structure will be
flood proofed;
c. All appropriate certifications listed in Section 21.110.150(D) of this chapter;
d. Description of the extent to which any watercourse will be altered or relocated as a
result of proposed development;
e. Environmental impact assessment
f. Environmental impact report, if required; and
g. Certification by a registered professional engineer/architect that all design and
methods of construction meet elevation and anchoring standards per the code of
federal regulations (Title 44 Section 60.3). (Ord. CS-164 § 10, 2011; Ord. CS-102 §
CXXIV, 2010; Ord. NS-39 § 1, 1988)
D. Administration. Administrative procedures related to the processing of a minor nonresidential
planned development permit and nonresidential planned development permit shall be subject
to Chapters 21.54.060 and 21.54.061, including the following:
1. Notices and hearings,
Feb. 11, 2020 Item #4 Page 13 of 60
2. Announcement of decision,
3. Effective date and appeals.
E. Findings for approval of a Special Use Permit. A special use permit required by this chapter may be
approved or conditionally approved by the city planner, upon the advice of the floodplain
administrator and only if the following findings are made:
(1) The project is consistent with the general plan, local coastal program, the
requirements of this chapter, and any other applicable requirement of this code.
(2) The site is reasonably safe from flooding.
(3) The project is designed to minimize the flood hazard to the habitable portions of the
proposed structure.
(4) The proposed project does not create a hazard for adjacent or upstream properties or
structures.
(5) The proposed project does not create any additional hazard or cause adverse impacts
to downstream properties or structures.
(6) The proposed project does not reduce the ability of the site to convey or handle a base
flood of a 1-percent-annual-chance flood.
(7) The cumulative effect of the proposed project when combined with all the other
existing, proposed, and anticipated development will not increase the water surface
elevation of the base flood more than one foot at any point.
(8) The project is contingent upon compliance with other federal and state regulations as
required. (Ord. CS-164 § 10, 2011; Ord. CS-102 § CXXV, 2010)
21.110.140 Designation of floodplain administrator.
The city engineer is appointed as the floodplain administrator. (Ord. CS-102 § CXXVI, 2010; Ord. NS-
39 § 1, 1988)
21.110.150 Duties and responsibilities of the floodplain administrator.
The duties and responsibilities ofthe floodplain administrator shall include, but not be limited to:
A. Permit Review. The floodplain administrator shall review all development permits to
determine:
1. The permit requirements of this chapter have been satisfied, including determination of
substantial improvement and substantial damage of existing structures;
2. All other required state and federal permits have been obtained;
3. The site is reasonably safe from flooding;
Feb. 11, 2020 Item #4 Page 14 of 60
4. 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. This
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 1 foot at any point within the City of Carlsbad; and
5. Where base flood elevations are changed due to physical alterations:
a. Within 6 months of information becoming available or project completion,
whichever comes first, the floodplain administrator shall submit or assure that the
permit applicant submits technical or scientific data to FEMA for a Letter of Map
Revision (LOMR).
b. All Letters of Map Revision (LOMR's) for flood control projects are approved prior
to the issuance of building permits. Building Permits must not be issued based on
Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction
of the proposed flood control project and land preparation as specified in the "start of
construction" definition.
B. Advise Decision-Making Authority. The floodplain administrator shall advise the decision-making
authority specified in Section 21.110.150 regarding the proposed development.
C. Review, Use and Development of Other Base Flood Data. When base flood elevation data has n·ot
been provided in accordance with Section 21.110.070, 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 21.110.230 of this
chapter. Any such information shall be submitted to the city council for adoption.
D. Notification of Other Agencies. 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.
E. Documentation of Floodplain Development. Obtain and maintain for public inspection and make
available as needed:
(A) The certification required in Section 21.110.160{3)(A), floor elevations;
(B) The certification required in Section 21.110.160(3)(8), elevations in areas of shallow
flooding;
(C) The certification required in Section 21.110.160(3)((), elevations or floodproofing of
nonresidential structures;
(D) The certification required in Section 21.110.160{3)(D), wet floodproofing standard;
(E) The certified elevation required in Section 21.110.180(b), subdivision standards;
Feb. 11, 2020 Item #4 Page 15 of 60
(F) The certification required in Section 21.110.200(1), floodway encroachments;
(G) The information required in Section 21.110.210(6), coastal construction; and
(H) The reports required in Section 21.110.220(d), mudflow standards.
F. · Map Determinations. 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 (i.e., mudflow) hazards, for example, where there appears to be a conflict
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
Section21.110.240 of this chapter.
G. Remedy Action. Take action to remedy violations of this chapter as specified in Section
21.110.080 of this chapter. (Ord. CS-102 § CXXVII, 2010; Ord. NS-39 § 1, 1988)
H. Biennial Report. Complete and submit Biennial Report to FEMA.
I. Planning. Assure the General Plan is consistent with the floodplain management objectives
herein.
21.110.160 Standards of construction.
In all areas of special flood hazards the following standards are required:
(1) Anchoring.
(A) All new construction and substantial improvements, including manufactured homes,
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 21.110.190.
(2) Construction Materials and Methods.
(A) All new construction .and substantial improvements, including manufactured homes,
shall be constructed with materials and utility equipment resistant to flood damage for
areas below the base flood elevation plus two feet of freeboard.
(B) All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage for areas below the base flood
elevation plus two feet of free board.
(C) All new construction and substantial improvements, including manufactured homes,
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, AO or VE, adequate drainage paths around structures on
slopes to guide floodwaters around and away from proposed structures.
Feb. 11, 2020 Item #4 Page 16 of 60
(3) Elevation and Floodproofing.
(A) New construction and substantial improvement of any structure shall have the lowest
floor, including basement, elevated two feet above the base flood 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 AO and AE
shall have the lowest floor, including basement, elevated above the highest adjacent grade
or two feet above the base flood elevation. 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) In a Zone VE, the lowest horizontal support member shall be elevated at least two feet
above the base flood elevation. Upon completion of the structure the elevation 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.
(D) In an A (Unnumbered/Approximate A Zone) Zone, without base flood elevations
specified on the FIRM, elevated at least two feet above the base flood elevation. Upon
completion of the structure the elevation 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.
(E) Nonresidential construction, including substantial improvements, shall either be
elevated in conformance with subsection (3)(A) or (3)(B) of this section or together with
attendant utility arid 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;
(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. "'
(F) 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:
Feb. 11, 2020 Item #4 Page 17 of 60
(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.
(G) Manufactured homes shall also meet the standards in Section 21.110.190 of this
chapter.
(H) Garages and low cost accessory structures
a. Attached garages.
1. A garage attached to a residential structure, constructed with the garage floor slab
below the base flood elevation must be designed to allow for the automatic entry of
flood waters. Areas of the garage below the base flood elevation must be constructed
with flood resistant materials.
2. A garage attached to a nonresidential structure must meet the above requirements
or be dry flood proofed. For guidance on below grade parking areas, see FEMA
Technical Bulletin TB-6.
b. Detached garages and accessory structures.
1. "Accessory structures" used solely for parking (2 car detached garages or smaller) or
limited storage (small, low-cost sheds) may be constructed such that its floor is below
the base flood elevation provided the structure is designed and constructed in
accordance with the following requirements:
a. Use of the accessory structure must be limited to parking or limited storage;
b. The portions of the accessory structure located below the base flood elevation
must be built using flood-resistant materials;
c. The accessory structure must be adequately anchored to prevent flotation,
collapse and lateral movement;
d. Any mechanical and utility equipment in the accessory structure must be
elevated or flood proofed to or above the base flood elevation plus two feet
freeboard; and
e. The accessory structure must be designed to allow for the automatic entry of
flood waters. (Ord. NS-39 § 1, 1988)
21.110.170 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. (Ord. NS-39 § 1, 1988)
Feb. 11, 2020 Item #4 Page 18 of 60
21.110.180 Standards for subdivisions.
(a) All preliminary subdivision proposals, including proposals for manufactured home
parks and subdivisions, greater than 50 lots or 5 acres, whichever is less, shall identify the flood
hazard area and the elevation ofthe 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.
(Ord. NS-39 § 1, 1988)
21.110.190 Standards for manufactured homes.
A. Elevated Above Flood Elevation. All manufactured homes that are placed or substantially
improved, on sites located:
1. Outside of a manufactured home park or subdivision;
2. In a new manufactured home park or subdivision;
3. In an expansion to an existing manufactured home park or subdivision; or
4. In an existing manufactured home park or subdivision upon which a manufactured home has
incurred "substantial damage" as the result of a flood, shall:
a. Within Zones Al-30, AH, and AE on the community's Flood Insurance Rate Map, be
elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated two feet above the base flood elevation and be
securely fastened to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
b. Within Zones Vl-30, V, and VE on the community's Flood Insurance Rate Map,
meet the requirements of Section 21.110.210.
B. Elevated Above Flood Elevation or Reinforced Piers. All manufactured homes to be placed or
substantially improved on sites in an existing manufactured home park or subdivision within Zones
Al-30, AH, AE, Vl-30, V, and VE on the community's Flood Insurance Rate Map that are not subject to
the provisions of Section 21.110.190.A above will be securely fastened to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either
the:
1. Lowest floor of the manufactured home is elevated two feet above the base flood elevation;
or
2. Manufactured home chassis is supported by reinforced piers or other foundation elements of
at least equivalent strength that are no less than 36 inches in height above grade.
C. Certification of Proper Elevation. Upon the completion of the structure, the elevation of the
lowest floor including basement shall be certified by a registered civil engineer or licensed land
surveyor and verified by the community building inspector to be properly elevated. Such certification
and verification shall be provided to the Floodplain Administrator. (Ord. NS-39 § 1, 1988)
Feb. 11, 2020 Item #4 Page 19 of 60
21.110.195 Standards for Recreational Vehicles.
A. All recreational vehicles placed in Zones Al-30, AH, AE, Vl-30 and VE will either:
1. Be on the site for fewer than 180 consecutive days; or
2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if
it is on its wheels or jacking system, is attached to the site only by quick disconnect type
utilities and security devices, and has no permanently attached additions; or
3. Meet the permit requirements of Section 21.110.130 of this ordinance and the elevation and
anchoring requirements for manufactured homes in Section 21.110.190.
B. Recreational vehicles placed on sites within Zones Vl-30, V, and VE on the community's Flood
Insurance Rate Map will meet the requirements of Section 21.110.195.A and Section 21.110.210.
21.110.200 Floodways.
Located within the special flood hazard area 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) Until a regulatory floodway is adopted in Zone A Areas, no new construction, substantial
development, or other development (including fill) shall be permitted within Zones Al-30 and AE,
unless it is demonstrated that the cumulative effect of the proposed development, when
combined with all other development, will not increase the water surface elevation of the base
flood more than 1 foot at any point within the City of Carlsbad.
(2) Within an adopted regulatory floodway, the city shall 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.
(3) If subsection 1 and 2 of this section is satisfied, all new construction and substantial.
improvements shall comply with all other applicable flood hazard reduction provisions of Sections
21.110.160 through 21.110.230 of this chapter. (Ord. NS-39 § 1, 1988)
21.110.210 Coastal high hazard areas.
Within coastal high hazard areas, Zones V, Vl-30 and VE, as established in Section 21.110.070, 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 ofthe lowest floor (excluding the pilings or
columns) is elevated two feet above the base flood elevation. All critical infrastructure shall be
elevated three feet above the base flood elevation.
(2) All new construction shall be located on the landward side of the reach of mean high
tide and shall remain consistent with all requirements of the Local Coastal Program as the mean
high tide line rises as a result of sea level rise.
(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 and useable only for parking of vehicles,
building access, or storage.
Feb. 11, 2020 Item #4 Page 20 of 60
(4) No new basements, expansion of existing basements, or improvements to existing
basements shall be allowed in the AE or VE zones.
(5) No fill shall be permitted in coastal high hazard areas.
(6) Man made alte~ations of sand dunes which would increase potential flood damage is
prohibited.
(7) 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 21.110.210(1).
(B) The elevation (in relation to mean sea level) ofthe 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. (Ord. NS-39 § 1,
1988)
21.110.220 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.
(b) Permits shall. be reviewed to determine that the proposed development is reasonably
safe from 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) When the Federal Insurance Administrator has delineated zone M (special mudslide
hazard area) on the Flood Insurance Rate Map, the community shall adopt and enforce a grading
ordinance or regulation in accordance with data supplied by the Federal Insurance Administrator
at least complies with the standards of Appendix J -Grading of the most recent amendment of
the 2019 California Building Code, Title 24, Part 2, Volume 2:
(1) Regulates the location of foundation and utility systems of new construction and
substantial improvements;
Feb. 11, 2020 Item #4 Page 21 of 60
(2) Regulates the location, drainage and maintenance of all excavations, cuts and fills and
planted slopes;
(3) Provides special requirements for protective measures including, but not limited to,
retaining walls, buttress fills, subdrains, diverter terraces, benchings, etc.; and
(4) Requires engineering drawings and specifications to be submitted for all corrective
measures, accompanied by supporting soils engineering and geology reports. (Ord. NS-39 §
1, 1988)
21.110.230 Flood-related erosion-prone areas.
(a) The floodplain administrator shall require permits for proposed construction and other
development within all flood-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 Zones AE, AO and VE on the effective Flood Insurance Rate Map, a setback is
required for all new development from 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 open space
purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for
other activities using temporary and portable structures only. (Ord. NS-39 § 1, 1988)
21.110.240 Variances.
A. Variances from the requirements of this chapter may be granted pursuant to the provisions of
this section and Chapter 21.50 of this title.
B. Subject to the findings specified in Chapter 21.50 and subsection D of this section, variances
may be granted for:
1. New construction, substantial improvement, and other proposed new development 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. As the lot size increases beyond
one half acre, the technical justification required for issuing a variance increases.
2. Repair or rehabilitation of historic structures, as defined in Chapter 21.110.050, upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the exception is the minimum necessary to
preserve the historic character and design of the structure.
C. Variance considerations. When making decisions on requests for variances, the decision-making
authority 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;
Feb. 11, 2020 Item #4 Page 22 of 60
(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.
D. Variance findings. In addition to the findings specified in Chapter 21.50, no variance from the
requirements of this chapter may be granted unless the decision-making authority finds:
1. That the variance is for floodplain management purposes only.
2. That there is a showing of good and sufficient cause;
3. That the variance is the minimum necessary considering the flood hazard, to afford relief.
a. "Minimum necessary" as related to this section, means to afford relief with a
minimum of deviation from the requirements of this chapter. For example, in the
case of a variance from an elevation requirement, the decision-making authority
need not grant permission for the applicant to build to the elevation the applicant
proposes, but only to that elevation which the decision-making authority believes
will both provide relief and preserve the intent of this chapter.
4. That the physical characteristics of the subject property are so unusual that complying with
the requirements of this ordinance would create an exceptional hardship to the applicant.
a. "Hardship" as related to this section, means the exceptional hardship that would
result from a failure to grant the requested variance. Mere economic or financial
hardship alone is not exceptional. Inconvenience, aesthetic considerations,
physical handicaps, personal preferences, or the disapproval of one's neighbors
likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems
can be resolved through other means without granting a variance, even if the
alternative is more expensive, or requires the property owner to build elsewhere
or put the parcel to a different use than originally intended.
5. That the subject property's physical characteristics are unique to the property and not shared
by adjacent parcels, and pertain to the land itself, not to the structure, its inhabitants, or the
property owners.
6. That the granting of a variance will not result in increased flood heights, additional threats to
public safety, or extraordinary public expense, create a nuisance, cause "fraud and
· victimization" of the public, or conflict with existing local laws or ordinances.
Feb. 11, 2020 Item #4 Page 23 of 60
a. "Public safety" and "nuisance" as related to this section, means that the granting of
a variance must not result in anything which is injurious to safety or health of an
entire community or neighborhood, or any considerable number of persons, or
unlawfully obstructs the free passage or use, in the customary manner, of any
navigable lake, or river, bay, stream, canal, or basin.
b. "Fraud and victimization" as related to this section, means that the variance
granted must not cause fraud on or victimization of the public. In examining this
requirement, the decision-making body shall consider the fact that every newly
constructed building adds to government responsibilities and remains a part of the
community for fifty to one hundred years. Buildings that are permitted to be
constructed below the base flood elevation are subject during all those years to
increased risk of damage from floods, while future owners of the property and the
community as a whole are subject to all the costs, inconvenience, danger, and
suffering that those increased flood damages bring. In addition, future owners
may purchase the property, unaware that it is subject to potential flood damage,
and can be insured only at very high flood insurance rates.
7. If applicable, that the proposed repair or rehabilitation of a historic structure will not preclude
the structure's continued designation as an historic structure and the variance is the minimum
necessary to preserve the historic character and design of the structure.
E. Variance conditions. The decision-making authority may require conditions to the granting of
variances as it deems necessary to further the purposes of this chapter.
F. Applicant Notice.
1. Pursuant to Title 44 Part 60.G(a)(S) of the Code of Federal Regulations, following the granting
of a variance, the city shall provide written notice to the applicant stating that:
a. 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 $100 of insurance coverage, and
b. Such construction below the base flood level increases risks to life and property.
2. The written notice required by this subsection shall be recorded in a manner so that it appears
in the chain of title of the affected parcel of land.
G. Record of Variances. The Floodplain Administrator shall maintain a record of all variances,
including justification for their issuance, and report such variances in its biennial report submitted to
FEMA.
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUSTIDE THE COASTAL
ZONE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify
the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance
prepared by the City Attorney to be published at least once in a newspaper of general circulation in the
City of Carlsbad within fifteen days after its adoption.
Feb. 11, 2020 Item #4 Page 24 of 60
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES INSIDE THE COASTAL ZONE:
This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of
LCPA 2019-0004, whichever occurs later; and the City Clerk shall certify the adoption of this ordinance
and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney
to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen
days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the __ _
day of ___ � 2020, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ � 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
Feb. 11, 2020 Item #4 Page 25 of 60
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A ZONE CODE AMENDMENT AND A LOCAL
COASTAL PROGRAM AMENDMENT TO UPDATE THE CITY'S FLOODPLAIN
MANAGEMENT REGULATIONS TO ENSURE CONSISTENCY WITH FEDERAL
GUIDELINES RELATED TO FLOODPLAIN MANGEMENT REGULATIONS.
EXHIBIT 2
WHEREAS, the city planner, has prepared a proposed amendment to the Zone Code and Local
Coastal Program pursuant to Chapter 21.52 of the Carlsbad Municipal Code to ensure consistency with
federal guidelines related to floodplain management regulations; and
WHEREAS, the City Council of the City of Carlsbad, California has determined that the Planning
Commission did, on Dec. 4, 2019, hold a duly noticed Public Hearing as prescribed by law to recommend
to the City Council approving an amendment to the Floodplain Management Regulations Zoning
Ordinance; and
WHEREAS, the City Council of the City of Carlsbad, held a duly noticed Public Hearing to consider
said Zone Code Amendment and Local Coastal Program Amendment; 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 Zone
Code Amendment and Local Coastal Program Amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of Zone Code
Amendment ZCA 2019-0001 and Local Coastal Program Amendment LCPA 2019-0004
are adopted and approved, and that the findings and conditions of the Planning
Commission contained in Planning Commission Resolution No. 7353 on file with the city
clerk and incorporated herein by reference, are the findings and conditions of the City
Council.
3. This action is final the date this Resolution is adopted by the City Council. The provisions
of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall
apply:
Feb. 11, 2020 Item #4 Page 26 of 60
"NOTICE"
The time within which judicial review of this decision must be sought is governed by Code of Civil
Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad
Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the
appropriate court not later than the ninetieth day following the date on which this decision becomes
final; however, if within ten days after the decision becomes final a request for the record is filed with
a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time
within which such petition may be filed in court is extended to not later than the thirtieth day following
the date on which the record is either personally delivered or mailed to the party, or his attorney of
record, if he has one. A written request for the preparation of the record of the proceedings shall be
filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ ~ 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
Feb. 11, 2020 Item #4 Page 27 of 60
FLOODPLAIN MANGEMENT REGULATIONS AMENDMENT
ZCA 2019-0001/LCPA 2019-0004 (PUB2019-0010)
PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21)
SHOWN IN STRIKETHROUGH/UNDERLINE FORMAT
EXHIBIT 3
AMENDMENTS TO CHAPTER 21.110
FLOODPLAIN MANAGEMENT REGULATIONS
Chapter 21.110 FLOODPLAIN MANAGEMENT REGULATIONS
21.110.010 Statutory authorization.
21.110. 03 0 Statement of purpose.
21.110.040 Methods ofreducing flood losses.
21.110.050 Definitions.
21 .110.060 Applicability.Lands to 1Nhich this chapter applies.
21.110.070 Basis for establishing the areas of ~special E_:flood Hhazard Area.
21.110.080 Compliance.
21.110.090 Abrogation and greater regulations.
21 .110 .100 Interpretation.
21.110.110 Warning and disclaimer ofliability.
21.110.120 Severability.
21.11 0 .13 0 Special use permit.
21.110 .13 5 Findings for approval.
2 L 110.140 Designation of floodplain administrator.
21 .110.150 Duties and responsibilities of the floodplain administrator.
21.110 .160 Standards of construction.
21.110.170 Standards for utilities.
21.110.180 Standards for subdivisions.
21.110.190 Standards for manufactured homes.
21.110.195 Standards for recreational vehicles.
21.110 .200 Flood ways.
21.110.210 Coastal high hazard areas.
21.110.220 Mudslide (i.e., mudflow) prone areas.
21.110 .230 Flood-related erosion-prone areas.
21.110.240 Variances.Appeals.
21.110.250 Conditions for variances.
21.110.010 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. (Ord. NS-39 § 1, 1988)
21.110.030 Statement of purpose.
(a) The floodplain management regulations are necessary due to the following facts:
Feb. 11, 2020 Item #4 Page 28 of 60
EXH IBIT 3
(1) The flood hazard areas of the city are subject to periodic inundation that may result 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.
(2) These flood losses are caused by the cumulative effect of obstructions in areas of special
flood hazards that 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.
(b) 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 ~-insure that potential buyers are notified that property is in an area of special flood
hazard;
(8) To ~-insure that those who occupy the areas of special flood hazard assume responsibility.
for their actions; and
(9) Recognize floodplain areas as potential open space resources and encourage compatible
open space uses wherever possible. (Ord. CS-102 § CXXIlI, 2010; Ord. NS-39 § 1, 1988)
21.110.040 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. (Ord. NS-39 § 1, 1988)
Feb. 11, 2020 Item #4 Page 29 of 60
EXHIBIT 3
21.110.050 Definitions.
For the purposes of this chapter, the following words and phrases have the meaning respectively ascribed
to them by this section:
(1) "I-percent-annual-chance flood" means the flood having one chance in 100 of being
equaled or exceeded in any one-year period (also known as the 100-year flood or base flood).
(2) "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. '
(1l ) "Area of shallow flooding" means a designated A,__AO, AH or VEG 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.
(±J) "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 (FIRM).
(4) Area of Special Flood Hazard. See "Special flood hazard area."
(5) "Area of special mudslide (i.e., mudflow) hazard" means the area subject to severe
mudslides (i.e., mudflows). The area is designated as zone Mon 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 I-percent-annual-chance or 100 one hundred year flood).
(7) "Basement" means any area of the building having its floor sub grade (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 breakaway walls must be certified by a registered engineer or
architect and shall meet the following conditions:
(A) Breakaway wall collapse shall result from 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 area" 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 Vl-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 or storage of equipment or materials.
Feb. 11, 2020 Item #4 Page 30 of 60
EXHIBIT 3
( 11) "Encroachment" means the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a floodplain which may impede or
alter the flow capacity of a floodplain.
(12). "Existing manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation of utilities, the construction of
streets and either final site grading or the pouring of concrete pads) was completed before October
11, 1988.
(13) "Expansion to an existing manufactured home park or subdivision" means the preparation
of additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of uti lities, the construction of streets and either
final site grading or the pouring of concrete pads).
(l.1-±) "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; and/or
(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.l) "Flood Boundary and Floodway Map" means the official map on which the Federal
Emergency Management Agency or the Federal Insurance Administration has. delineated both the
areas of flood hazard and the floodway.
(lB ) "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Emergency Management Agency or the Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable to the community.
(114) "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.
(l~~) "Floodplain" or "flood-prone area" means any land area susceptible to being inundated
by water from any source. {See definition of flood above)ittg.
(1.26) "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.
(20++) "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.
Feb. 11, 2020 Item #4 Page 31 of 60
EXHIBIT 3
(2..l-l-8) "Floodproofing" 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.
(22+9) "Floodway" m.eans 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."
(210) "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.
(2:l-l-) "Highest adjacent grade" means the highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
(25) "Historic structure" means any structure that is:
· I. Listed individually in the National Register of Historic Places (a listing maintained by the
Department oflnterior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
2. Ce1iified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by
the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of Interior; or
+A. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either by an approved state program as
determined by the Secretary of the Interior or directly by the Secretary of the Interior in states
without approved programs.
(2.Q±) "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:
(i) The anchoring standards in Section 2Ll 10.160(1);
(ii) The construction materials and methods standards in Section 21.110.160(2);
(iii) The wet flood proofing standard in Section 21.110.160(3 ); and
(iv) The standards for utilities in Section 21.110.170.
(21J) "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
Feb. 11, 2020 Item #4 Page 32 of 60
EXHIBIT 3
connected to the required utilities. For floodplain management purposes, the term "manufactured
home" does notalse includes park trailers, travel trailers and other similar vehicles placed on a site
for greater than one hundred eighty consecutive days.
(2.8_4) "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.
(22.~) "Mean sea level" means the average level of the surface of the ocean from which heights
such as elevation may be measured based on, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum
(NAVD) of 1988, or other datum, to which base flood elevations shown on a community's Flood
Insurance Rate Map are referenced.
(30) "New construction" shall mean, solely for the purposes of FEMA determining National
Flood Insurance Program insurance rates, structures for which the "stat1 of construction"
commenced on or after the effective date of an initial FIRM or after October 11, 1988, whichever is
later, and includes any subsequent improvements to such structures.
(31) "New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including at a minimum, the installation of utilities, the construction of
streets and either final site grading or the pouring of concrete pads) is completed on or after October
11, 1988.
_(26) ''l'fow construction" means, for floodplain management purposes, structures for which the
start of construction c01mnenced 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 v,<hich has a one percent
annual probability of being equalled or eKceeded. It is identical to the base flood, which v,rill be the
term used throughout this chapter.
(28) "Person" means an individual or his/her agent, firra, partnership, association or
corporation, or agent of the aforementioned groups, or this state or its agencies or political
subdivisions.
(32) "Obstruction" includes, but is not limited to, any dam, wall, wha1f, embankment, levee,
dike, pile, abutment protection, excavation, channelization, bridge, conduit, culvert, building, wire,
fence, rock, gravel. refuse, fill, structure, vegetation or other material in, along, across or projecting
into any watercourse which may alter, impede, retard or change the direction and/or velocity of the
flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of
water, or its likelihood of being canied downstream.
(33) "Recreational vehicle" means a vehicle which is:
a. Built on a single chassis
b. Four hundred square feet or less when measured at the largest horizontal
projection
c. Designed to be self-propelled or permanently towable by a light-duty truck; and
Feb. 11, 2020 Item #4 Page 33 of 60
EXHIBIT 3
d. Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
(34;19) "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 state or federal financial
exposure with regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
(3 2+) "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
(312) "Special flood hazard area (SFHA)'' means an area having special flood or flood-related
erosion hazards, and shown on a_n FHBM or FIRM as Zones A, AO, AH, A 1-30, AE, A99, AR,
AR/Al-30, AR/AE, AR/AO, AR/AR AR/A, VO. Vl-30. VE, and V.zorie A, AO, Al 30, AE, A99,
AH, VO, Vl 30, VE or V.
(3 ~J.) "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. For a substantial improvement, the actual start of
construction means the frrst alteration of any wall, ceiling, floor, or other structural part of a
building, whether or not that alteration affects the external dimensions of the building. For a
structure (other than a mobile home) without a basement or poured footings, the "start of
construction" includes the first permanent framing or assembly of the structure or any part thereof
on its piling or foundation. For mobile homes not within a mobile home park or mobile home
subdivisions, "start of construction" means the affixing of the mobile home to its permanent site. For
mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the
date on which the construction of facilities for servicing the site on which the mobile home is to be
affixed (including, at a minimum, the construction of streets, either final site grading or the pouring
of concrete pads, and installation of utilities) is completed.
(3.24) "Structure" means a walled and roofed building, including a gas or liquid storage tank,
that is principally above ground, as well as a manufactured home.
( 40) "Substantial damage" means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of
the market value of the structure before the damage occuned.
Feb. 11, 2020 Item #4 Page 34 of 60
EXHIBIT 3
(±1~) "Substantial improvement" means any reconstruction, rehabilitation, addition, or other
proposed new development of a structure, the cost of which equals or exceeds fifty 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."
( 4 2¼) "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.
( 43;+) "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 development without
the elevation certificate, other certifications, or other evidence of compliance required in this chapter
is presumed to be in violation until such time as that documentation is provided. (Ord. NS-664 §§ 1,
2, 2003; Ord. NS-39 § 1, 1988)
21.110.060 Applicability.Lanc:ts te • .,.,hich this chapteF applies.
This chapter shall apply to all areas of special flood hazard areas, areas of flood-related erosion hazards,
~areas of mudslide (i.e., mudflow) hazards and any areas identified by the city subject to a 1-percent-
annual-chance-flood 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. (Ord. NS-39 § 1, 1988)
21.110.070 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard area (SFHA) 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, 1997December 20, 2019, and accompanying Flood Insurance
Rate Map (FIRM), dated December 20, 2019 June 19, 1997, and all subsequent amendments and/or
revisions are hereby adopted by reference and declared to be a part of this chapter. SFHA incl ude Zones
A. AO, AH. Al -30, AE, A99, AR, AR/Al-30, AR/AE, AR/AO, AR/AH, AR/A, VO, Vl-30, VE, and V .
. Thfis FIS and attendant mapping is the minimum area of applicability of this chapter and may be
supplemented by studies for other areas that allow implementation of this chapter 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. (Ord. NS-664 § 3, 2003; Ord. NS-39 § 1, 1988)
21.110.080 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
Feb. 11, 2020 Item #4 Page 35 of 60
EXHIBIT 3
chapter shall prevent the city from taking such lawful action as is necessary to prevent, enjoin or remedy
any violation. (Ord. NS-39 § 1, 1988)
21.110.090 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. (Ord. NS-39 § 1,
1988)
21.110.100 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
C Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. NS-39 §
1, 1988)
21.110.110 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. (Ord. NS-39 § 1, 1988)
21.118.128 5e'lerability.
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 Yalidity of the
ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or
invalid. (Ord. NS 39 § 1, 1988)
21.110.130 Special use permit.
A. Special Use Permit Required. A special use permit shall be obtained in addition to any other
required permits or entitlements before construction or development begins within any area-Bf
special flood hazard areas, areas of flood-related erosion hazards or areas of mudslide (i.e.,
mudflow) hazards established in Section 21.110.070.
Feb. 11, 2020 Item #4 Page 36 of 60
EXHIBIT 3
1. Exception. The maintenance. repair or replacement of existing previously-permitted boat
docks is not subject to the requirement to obtain a special use permit, provided that the
boat dock pilings will remain in place as pa1t of the proposed work.
B. Permit procedures. Procedures for special use permit shall be subject to the development permit
procedures in Chapter 21.54 and 21.58. including the following:
1. Applications and fees,
2. Decision making authority.
3. Expiration. extensions, and amendments
C. Special application requirements. An application for a special use pennit shall:
1. The filif1g 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 011 forms
furnished by the city planner and may include, but not be limited to, Be accompanied by
plans in duplicate drawn to scale showing the nature, location, dimensions and elevation
of the project sitearea in question; existing or proposed structures, fill, storage of
materials, drainage facilities; and the location of the foregoinall other materials as
specified by the city plannerg. Specifically, the following information is requiredmust be
provided:
a. flt-Proposed elevation in ·relation to mean sea level, of the lowest floor (including
basement) of all structures; in zone AO or VO, elevation of highest adjacent grade
and proposed elevation of lowest floor of all structures;
b. ~Proposed elevation in relation to mean sea level to which any structure will be
flood proofed;
c. f½-All appropriate certifications listed in Section 21.110.150(D) of this chapter;
d. ~Description of the extent to which any watercourse will be altered or relocated as
a result of proposed development;
e. f§t-Environmental impact assessment (one copy only); and
f__f6j-Environmental impact report.,__ (twenty copies), if required; and
f.g. Certification by a registered professional engineer/architect that all design and
methods of construction meet elevation and anchoring standards per the code of
federal regulations (Title 44 Section 60.3).~ (Ord. CS-164 § 10, 2011; Ord. CS-102 §
CXXIV, 2010; Ord. NS-39 § 1, 1988)
D. Administration. Administrative procedures related to the processing of a minor nonresidential
planned development permit and nonresidential planned development pennit shall be subject to
Chapters 21.54.060 and 21.54.06 L including the following:
1. Notices and hearings,
2. Announcement of decision.
3. Effective date and appeals.
Feb. 11, 2020 Item #4 Page 37 of 60
EXHIBIT 3
21.118.135 h findings for approval of a Special Use Permit.
(a) A special use permit required by this chapter may be approved or conditionally approved by the
city planner, upon the advice of the floodplain administrator and only if the following findings are made:
(1) The project is consistent with the general plan, local coastal program, the requirements of
this chapter, and any other applicable requirement of this code.
(2) The site is reasonably safe from flooding.
(3) The project is designed to minimize the flood hazard to the habitable portions of the
proposed structure.
( 4) The proposed project does not create a hazard for adjacent or upstream properties or
structures.
(5) The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures.
(6) The proposed project does not reduce the ability of the site to convey-pass or handle a
base flood of a I-percent-annual-chance flood l 00 year frequency.
(7) The cumulative effect of the proposed project when combined with all the other existing,
proposed, and anticipated development will not increase the water surface elevation of the base
flood more than one foot at any point.
(8) The project is contingent upon compliance with other federal and state regulations as
required. (Ord. CS-164 § 10, 2011; Ord. CS-102 § CXXV, 2010)
21.110.140 Designation of floodplain administrator.
The city engineer Planning Commission is appointed as the floodplain administrator. (Ord. CS-102 §
CXXVI, 2010; Ord. NS-39 § 1, 1988)
21.110.150 Duties and responsibilities of the floodplain administrator.
The duties and responsibilities of the floodplain administrator shall include, but not be limited to:
A. Permit Review Authority. The floodplain administrator shall review all development
permits to determine:
1. The pe1mit requirements of this chapter have been satisfied, including determination of
substantial improvement and substantial damage of existing structures;
2. All other required state and federal permits have been obtained;
3. The site is reasonably safe from flooding;
Feb. 11, 2020 Item #4 Page 38 of 60
I
EXHIBIT 3
4. 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. This 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
1 foot at any point within the City of Carlsbad: and
5. Where base flood elevations are changed due to physical alterations:
a. Within 6 months of information becoming available or project completion,
whichever comes first. the floodplain administrator shall submit or assure that the permit
applicant submits technical or scientific data to FEMA for a Letter of Map Revision
(LOMR).
b. All Letters of Map Revision (LOMR's) for flood control projects are approved prior
to the issuance of building permits. Building Permits must not be issued based on
Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction
of the proposed flood control project and land preparation as specified in the "start of
construction" definition.
B. Advise Decision-Making Authority. The floodplain administrator shall advise the decision-making
authority specified in Section 21 .110.150 regarding the proposed development.
The floodplain administrator may approve, conditionally approve or deny a special use permit
required by this chapter upon the advice of the city engineer.
Lf±t-Review, Use and Development of Other Base Flood Data. When base flood elevation data has not
been provided in accordance with Section 21.110.070, 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 21.110 .23 0 of this chapter.
Any such information shall be submitted to the city council for adoption.
B--:r1__(3) Notification of Other Agencies. 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.
G-:-L_(4) Documentation of Floodplain Development. Obtain and maintain for public inspection
and make available as needed:
(A) The certification required in Section 21.110.160(3)(A), floor elevations;
(B) The certification required in Section 21 .110.160(3)(B), elevations in areas of shallow
flooding;
Feb. 11, 2020 Item #4 Page 39 of 60
EXHIBIT 3
( C) The certification required in Section 21 .110 .160(3 )( C), elevations or flood proofing of
nonresidential structures;
(D) The certification required in Section 21.11 O. l 60(3)(D), wet floodproofing standard;
(E) The certified elevation required in Section 21.110.180(b ), subdivision standards;
(F) The certification required in Section 21.110.200(1), floodway encroachments;
(G) The information required in Section 21.110.210(6), coastal construction; and
(H) The reports required in Section 21.110.220( d), mudflow standards.
E_JB---Map Detem,inations. 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 (i.e., mudfl9w) hazards, for example, where there appears to be a conflict 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 21.110.250 of this chapter.
Q,__f6)-Remedy Action. Take action to remedy violations of this chapter as specified in Section
21.110.080 of this chapter. (Ord. CS-102 § CXXVII, 2010; Ord. NS-39 § 1, 1988)
H. Biennial Repo1t. Complete and submit Biennial Report to FEMA.
f).;J.Planning. Assure the General Plan is consistent with the floodplain management objectives herein.
21.110.160 Standards of construction.
In all areas of special flood hazards the following standards are required:
(1) Anchoring.
(A) All new construction and substantial improvements, including manufactured homes,
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 21.110 .190.
(2) Construction Materials and Methods.
(A) All new construction and substantial improvements, including manufactured homes,
shall be constructed with materials and utility equipment resistant to flood damage for areas
below the base flood elevation plus two feet of freeboard.~
(B) All new construction and substantial improvements shall be constructed using methods
and practices that minimize flood damage for areas below the base flood elevation plus two
feet of free board.
(C) All new construction arid substantial improvements. including manufactured homes, 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.
Feb. 11, 2020 Item #4 Page 40 of 60
EXHIBIT 3
(D) Require within zones AH, AO or Vf;G, adequate drainage paths around structures on
slopes to guide floodwaters around and away from proposed structures.
(3) Elevation and Floodproofing.
(A) New construction and substantial improvement of any structure shall have the lowest
floor, including basement, elevated two feete-eF above the base flood 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 AO and AE et=
¥G 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 fllU,4, or at !east two feet above
the base flood elevation. ifno 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) In a Zone VE, the lowest horizontal support member shall be elevated at least two feet
above the base flood elevation. Upon completion of the structure the elevation shall be
certified by a registered professional engineer or surveyor or verified by the city building
inspector to be properly elevated. Such ce1tification or verification shall be provided to the
floodplain administrator.
(D) In an A (Unnumbered/Approximate A Zone) Zone, without base flood elevations
specified on the FIRM, elevated at least two feet above the base flood elevation. Upon
completion of the structure the elevation shall be ce1tified by a registered professional
engineer or surveyor or verified by the city building inspector to be properly elevated.
Such ce,tification or verification shall be provided to the floodplain administrator.
_(fil_Nonresidential construction, including substantial improvements, -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 floodproofed so that below the base flood level the structure is watertight with
walls substantially impermeable to the passage of water;
(ii) Have structural components capable ofresisting 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.
Feb. 11, 2020 Item #4 Page 41 of 60
EXHIBIT 3
(ff)) 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 arid 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 floodproofing standard approved by the
Federal Insurance Administration.
(GB) Manufactured homes shall also meet the standards in Section 21.110.190 of this chapter.
(H) Garages and low cost accessory structures
a. Attached garages.
1. A garage attached to a residential structure, constructed with the garage floor slab
below the base flood elevation must be designed to allow for the automatic entry of flood
waters. Areas of the garage below the base flood elevation must be constructed with
flood resistant materials.
2. A garage attached to a nonresidential structure must meet the above requirements or be
dry floodproofed. For guidance on below grade parking areas. see FEMA Technical
Bulletin TB-6.
b. Detached garages and accessory structures.
1. "Accessoty structures" used solely for parking (2 car detached garages or smaller) or
limited storage (small, low-cost sheds) may be constructed such that its floor is below the
base flood elevation provided the structure is designed and constructed in accordance
with the following requirements:
a. Use of the accessory structure must be limited to parking or limited storage;
b. The portions of the accessory structure located below the base flood elevation
must be built using flood-resistant materials;
c. The accessmy structure must be adequately anchored to prevent flotation,
collapse and lateral movement;
d. Any mechanical and utility equipment in the accessory structure must be elevated
or floodproofed to or above the base flood elevation plus two feet freeboard; and
e. The accessory structure must be designed to allow for the automatic entry of
flood waters.
(Ord. NS-39 § 1, 1988)
Feb. 11, 2020 Item #4 Page 42 of 60
EXHIBIT 3
21.110.170 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. (Ord. NS-39 § 1, 1988)
21.110.180 Standards for subdivisions.
(a) All preliminary subdivision proposals, including proposals for manufactured home parks
and subdivisions, greater than 50 lots or 5 acres, whichever is less. -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.
(Ord. NS-39 § 1, 1988)
21.110.190 Standards for manufactured homes.
All flev,r afld replacement maflufactured homes afld additiofls to manufactured homes shall:
(1) Be elevated so that the lowest floor is at or above the base flood elevation; and
(2) Be seclli'ely anchored to a permanent foundatiofl system to resist flotation, collapse or
lateral movement. (Ord. NS 39 § 1, 1988)
A. Elevated Above Flood Elevation. All manufactured homes that are placed or substantially
improved, on sites located:
1. Outside of a manufactured home park or subdivision;
2. In a new manufactured home park or subdivision;
3. In an expansion to an existing manufactured home park or subdivision; or
4. In an existing manufactured home park or subdivision upon which a manufactured home has
incuned "substantial damage" as the result of a flood, shall:
a. Within Zones A 1-30, AH, and AE on the community's Flood Insurance Rate Map, be
elevated on a permanent foundation such that the lowest floor of the manufactured
Feb. 11, 2020 Item #4 Page 43 of 60
B.
EXHIBIT 3
home is elevated two feet above the base flood elevation and be securely fastened to
an adequately anchored foundation system to resist flotation, collapse, and lateral
movement.
b. Within Zones Vl-30, V. and VE on the community's Flood Insurance Rate Map,
meet the requirements of Section 21.110.210.
Elevated Above Flood Elevation or Reinforced Piers. All manufactured homes to be placed or
substantially improved on sites in an existing manufactured home park or subdivision within Zones Al-
30, AH, AE, V 1-30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the
provisions of Section 21.110.190.A above will be securely fastened to an adequately anchored foundation
system to resist flotation. collapse, and lateral movement, and be elevated so that either the:
1. Lowest floor of the manufactmed home is elevated two feet above the base flood elevation; or
2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at
least equivalent strength that are no less than 36 inches in height above grade.
C. Certification of Proper Elevation. Upon the completion of the structure, the elevation of the
lowest floor including basement shall be ce11ified by a registered civil engineer or licensed land surveyor
and verified by the community building inspector to be properly elevated. Such certification and
verification shall be provided to the Floodplain Administrator. (Ord. NS-39 § L 1988)
21.110.195 -Standards for Recreational Vehicles.
A. All recreational vehicles placed in Zones Al-30, AH, AE, Vl-30 and VE will either:
1. Be on the site for fewer than 180 consecutive days; or
2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it
is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities
and security devices, and has no pennanently attached additions; or
3. Meet the permit requirements of Section 21.110.130 of this ordinance and the elevation and
anchoring requirements for manufactured homes in Section 21.110.190.
~B. Recreational vehicles placed on sites within Zones Vl -30, V, and VE on the community's Flood
Insurance Rate Map will meet the requirements of Section 21.110.195 .A and Section 21 .110.210.
21.110.200 Floodways.
Located within the areas of special flood hazard area established in Section 21.110.070 are areas
designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of
Feb. 11, 2020 Item #4 Page 44 of 60
EXHIBIT 3
floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions
apply:
(1) Until a regulatory floodway is adopted in Zone AAreas, no new construction, substantial
development, or other development (including fill) shall be pennitted within Zones Al-30 and AE,
unless it is demonstrated that the cumulative effect of the proposed development, when combined
with all other development, will not increase the water surface elevation of the base flood more than 1
foot at any point within the City of Carlsbad.
(2) Within an adopted regulatory floodway, the city shall pProhibit 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.
(3) If subsection 1 and 2 of this section is satisfied, all new construction and substantial
improvements shall comply with all other applicable flood hazard reduction provisions of Sections
21.110.160 through 21.110.230 of this chapter. (Ord. NS-39 § 1, 1988)
21.110.210 Coastal high hazard areas.
Within coastal high hazard areas, Zones V, Vl-30 and VE, as established in Section 21.110.070, 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 two feet te-Br-above the base flood elevation. All critical infrastructure shall be elevated
three feet above the base flood elevation.
(2) All new construction shall be located on the landward side of the reach of mean high tide
and shall remain consistent with all requirements of the Local Coastal Program as the mean high
tide line rises as a result of sea level rise.
(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 and useable only for parking of vehicles, building access, or
storage.
( 4) No new basements. expansion of existing basements. or improvements to existing
basements shall be allowed in the AE or VE zones.
(5) No fill shall be pennitted in coastal high hazard areas.
Fill shall not be 1:1Sed for structural supp011 of buildings.
(2.§.) Manmade alterations of sand dunes which would increase potential flood damage is
prohibited.
(16) 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 21.110.210(1).
Feb. 11, 2020 Item #4 Page 45 of 60
EXHIBIT 3
(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. (Ord. NS-39 § 1, 1988)
21.110.220 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.
(b) Pennits shall be reviewed to determine that the proposed development is reasonably safe
from 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) When the Federal Insurance Administrator has delineated+tJ:i-ifl zone M (special mudslide
hazard area) on the Flood Insurance Rate Map, the community shall adopt and enforce a grading
ordinance or regulation in accordance with data supplied by the Federal Insurance Administrator
drainage chapter which at least complies with the standards of Section 7001 thrnugh 7006 and
Sections 7008 through 7015Appendix J -Grading of the most recent amendment of the 2019~
CaliforniaUniform Building Code, Title 24, Part 2, Volume 2:
(1) Regulates t+he location of foundation and utility systems of new construction and
substantial improvements;
(2) Regulates t+he location, drainage and maintenance of all excavations, cuts and fills and
planted slopes;
(3) Provides special requirements for protective measures including, but not limited to,
retaining walls, buttress fills, subdrains, diverter terraces, benchings, etc.; ~d
( 4) Requires eengineering drawings and specifications to be submitted for all corrective
measures, accompanied by supporting soils engineering and geology reports. (Ord. NS-39 § 1,
1988)
Feb. 11, 2020 Item #4 Page 46 of 60
EXHIBIT 3
21.110.230 Flood-related erosion-prone areas.
(a) The floodplain administrator shall require permits for proposed construction and other
development within all flood-related erosion-prone areas as known to the community.
(b) Such pennits 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 z~one~ AE, AO and VEE on the effective Flood Insurance Rate Map, a setback is
required for all new development from 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 open space purposes, such
as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities
using temporary and portable structures only. ~Ord. NS-39 § 1, 1988)
21.110.240 VariancesAppeals.
A.
B.
(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 pennit, variaace or other entitlement be graated 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 effective date of order of the floodplain administrator granting or denying a special
use permit, variaace or other entitlement and the method for appeal of such order shall be governed
by Section 21.54 .150 of this code. In passing upon
Variances from the requirements of this chapter may be granted pursuant to the prnvisions of this
section and Chapter 21 .50 of this title.
Subject to the findings specified in Chapter 21.50 and subsection D of this section, variances may
be granted for:
1. New construction, substantial improvement, and other proposed new development 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. As the lot size increases beyond one half acre.
the technical justification required for issuing a variance increases.
Feb. 11, 2020 Item #4 Page 47 of 60
EXHIBIT 3
2. · Repair or rehabilitation of historic structures. as defined in Chapter 21.110.050, upon a
determination that the proposed repair or rehabilitation will not preclude the structure's continued
designation as a historic structure and the exception is the minimum necessa1y to preserve the
historic character and design of the structure.
C. Variance considerations. When making decisions on appeals and requests for variances from the
requirements of this chapter, the cjty councildecision-making authority 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.
D. Variance findings. In addition to the findings specified in Chapter 21.50, no variance from the
requirements of this chapter may be granted unless the decision-making authority finds:
1. That the variance is for floodplain management purposes only.
2. That there is a showing of good and sufficient cause;
3. That the variance is the minimum necessaiy considering the flood hazard, to afford relief.
a. "Minimum necessary" as related to this section, means to afford relief with a
minimum of deviation from the requirements of this chapter. For example, in the
case of a variance from an elevation requirement the decision-making authority need
not grant permission for the applicant to build to the elevation the applicant proposes,
but only to that elevation which the decision-making authority believes will both
provide relief and preserve the intent of this chapter.
Feb. 11, 2020 Item #4 Page 48 of 60
EXHIBIT 3
4. That the physical characteristics of the subject property are so unusual that complying with the
requirements of this ordinance would create an exceptional hardship to the applicant.
a. "Hardship" as related to this section, means the exceptional hardship that would
result from a failure to grant the requested variance. Mere economic or financial
hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical
handicaps, personal preferences, or the disapproval of one's neighbors likewise
cannot, as a rule, qualify as an exceptional hardship. All of these problems can be
resolved through other means without granting a variance, even if the alternative is
more expensive, or requires the prope1ty owner to build elsewhere or put the pa.reel to
a different use than originally intended.
5. That the subject property's physical characteristics, are unique to the property and not shared by
· adjacent parcels, and pertain to the land itself, not to the structure, its inhabitants, or the property
owners.
6. That the granting of a variance will not result in increased flood heights. additional threats to
public safety, or extraordina1y public expense, create a nuisance, cause "fraud and victimization"
of the public, or conflict with existing local laws or ordinances.
a. "Public safety" and "nuisance" as related to this section. means that the granting of a
variance must not result in anything which is injurious to safety or health of an entire
community or neighborhood, or any considerable number of persons, or unlawfully
obstructs the free passage or use, in the customary manner, of any navigable lake, or
river, bay, stream, canal, or basin.
b. "Fraud and victimization" as related to this section, means that the variance granted
must not cause fraud on or victimization of the public. In examining this
requirement, the decision-making body shall consider the fact that every newly
constructed building adds to government responsibilities and remains a pa.rt of the
community for fifty to one hundred years. Buildings that are pennitted to be
constructed below the base flood elevation are subject during all those years to
increased risk of damage from floods, while future owners of the property and the
community as a whole a.re subject to all the costs. inconvenience, danger. and
suffering that those increased flood damages bring. In addition, future owners may
purchase the property, unaware that it is subject to potential flood damage, and can
be insured only at ve1y high flood insurance rares.
7. If applicable, that the proposed repair or rehabilitation of a historic structure will not preclude the
structure's continued designation as an historic structure and the variance is the minimum
necessary to preserve the historic character and design of the structure.
E. Variance conditions. The decision-making authority may require conditions to the granting of
variances as it deems necessary to fu11her the purposes of this chapter.
Feb. 11, 2020 Item #4 Page 49 of 60
F.
EXHIBIT 3
Applicant Notice.
I. Pursuant to Title44 Part 60.6(a)(5) of the Code of Federal Regulations, following the granting of
a variance, the city shall provide written notice to the applicant stating that:
a. 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 $100 of insurance coverage, and
b. Such construction below the base flood level increases risks to life and property.
2. The written notice required by this subsection shall be recorded in a manner so that it appears in
the chain of title of the affected parcel of land.
G. Record of Variances. The Floodplain Administrator shall maintain a record of all variances,
including justification for their issuance. and report such variances in its biennial report submitted to
FEMA.
(Ord. NS-675 § 72, 2003; Ord. NS-664 § 4, 2003; Ord. NS-39 § L 1988)
(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 e)dsting
structures constructed below the base flood level, providing subsections (b)(l) tm-ough (b)(l 1) of
th is section have been fully considered. As the lot size ill creases beyond one half acre, the technical
justification required for issuing the variance mcreases.
(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.
21.118.258 CenElitiens f.er ,,..ariances.
(a) VariaRces may be issued for the reconstruotioR, rehabilitation or restoration of structures
listed in the National Register of Historic Places or the State Inveatof)' of Historic Places, 1.vithout
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 oaly be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(d)
(1)
Variances shall oaly be issued upon:
l\ showing of good and sufficieRt cause;
(2) A determiaation that failure to grant the variance would result in exceptional hardship to
the applicant; m1d
Feb. 11, 2020 Item #4 Page 50 of 60
EXHIBIT 3
(3) A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, mctraordii1al)' public expense, create nuisances, cause fraud on or
victimization of, the public or conflict with existing local 18:\vs or chapters.
(e) Variances may be issued for new construction aHd substantial improvements and for
other develop1i1ent 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
de>.1elopment is protected by methods that minimize flood damages during the base flood and create
no additional threats to public safety.
(f)Any applicant to 1Nhom a variance is granted shall be given written notice over the signature of
the community and economic development director that the issuance of a variance to construct a
structure belo\v the base flood level will result in increased premium rates for flood insurance up to
amounts as high as twenty five dollars for two hundred dolla1·s of insurance coverage •,vith the
i.ncreased risk resulting from the reduced lowest floor elevatioH. 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 charn of title of the affected parcel of land.
Feb. 11, 2020 Item #4 Page 51 of 60
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 for the Local Coastal Program
Amendment, starting on November 22, 2019 and ending on January 3, 2020 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 MANGEMENT REGULATIONS AMENDMENTS
-ZCA 2019-0001/LCPA 2019-0004 (PUB2019-0010), based on the following findings:
Findings:
1. ZCA 2019-0001 is consistent with the General Plan in that Public Safety Flooding and Coastal
Hazards Policy 6-P.1 directs the city to enforce the Cobey-Alquist Floodplain Management Act
and the city's Floodplain Management Regulations to prohibit construction of structures in a
designated floodway where such development would endanger life or significantly restrict the
carrying capacity of the designated floodway; and to regulate development within other areas
of special flood hazard, flood related erosion hazard and mudslide hazard to ensure such
development does not adversely affect public health and safety due to water and erosion
hazards, or result in damaging increases in erosion, flood height or velocities.
2. ZCA 2019-0001 is consistent with the General Plan in that the proposed amendments implement
the General Plan Public Safety Flooding and Coastal Hazards Policy 6-P.8, which requires the city
to comply with Federal Emergency Management Agency requirements to identify flood hazard
areas and control development within these areas in order for residents to qualify for federal
flood insurance.
3. LCPA 2019-0004 ensures the Carlsbad Local Coastal Program and the Zone Code are consistent.
4. LCPA 2019-0004 meets the requirements of, and is in conformity with, the policies of Chapter 3
of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program not being
amended by this amendment, in that the amendment ensures consistency with the Zone Code,
federal floodplain management regulations and does not conflict with . any Coastal Zone
regulations, land use designations or policies, with which development must comply.
PC RESO NO. 7353 -2-Feb. 11, 2020 Item #4 Page 53 of 60
ZCA 2019-0001/LCPA 2019-0004-FLOODPLAIN MANAGEMENT REGULATIONS AMENDMENTS
Date December 4, 2019
Pa e 2
are projected to be subject to flooding in the event of the 1% or greater chance of flooding in any given
year (or the 100-year) flood event and are subject to the city's Floodplain Management Regulations
{Carlsbad Municipal Code Chapter 21.110).
Floodplains are areas of land located adjacent to rivers or streams that are subject to recurring inundation,
or flooding. Preserving or restoring natural floodplains helps with flood loss reduction benefits and
improves water quality and habitat. Floods are typically described in terms of their statistical frequency.
For example, a 100-year floodplain describes an area within which there is a one percent probability of a
flood occurring in any given year. FEMA prepares Flood Insurance Rate Maps (FIRMs) that identify 100-
year and 500-year flood zones. As shown in Attachment 3, the potential flood hazard areas identified on
the FIRM maps in Carlsbad include the entire coastline and the following major drainage basins:
• Buena Vista Creek and Buena Vista Lagoon
• Agua Hedionda Creek, its northern tributary, and the Agua Hedionda Lagoon
• San Marcos Creek and its northern tributary
• Batiquitos Lagoon
• Encinitas Creek
The extent of areas at risk from flooding may increase with future sea level rise.
The initial impetus for the city's revisions to the floodplain management ordinance started in 2011 when
FEMA initiated the California Coastal Analysis and Mapping Project/Open Pacific Coast Study, which
involved over 1,200 miles of new coastal flood hazard mapping and base flood elevation determinations.
Under this initiative, many coastal communities, including Carlsbad, were provided with new coastal flood
data and mapping. This was the first time in over 20 years that the city's floodplain maps were updated.
This study improved the quality of the coastal data used for both floodplain management and planning
purposes. The Flood Insurance Study has been completed and a Letter of Final Determination has been
issued to the city. The map appeal process has concluded, and no appeals were received by FEMA. The
Flood Insurance Study and FIRMs become effective, for FEMA purposes, on December 20, 2019.
The city met with FEMA staff on February 12 and 13, 2019 to review the city's participation in the National
Flood Insurance Program and conducted a field inspection as part of their biennial review. (Every two
years there is a review of the city's compliance with their requirements.) The State's follow-up report,
which resulted from that meeting, found the city to be in general compliance with the required floodplain
enforcement requirements, but did note that the city's Floodplain Management Ordinance needed to be
updated to comply with the latest Federal Standards.
On September 9, the city was informed that FEMA had completed a review of the current floodplain
management ordinance and had mandatory and suggested revisions. FEMA required that the city's
floodplain management ordinance be updated to remain eligible for federal flood insurance. All NFIP
communities that receive new/updated FIR Ms have up to six months from the date of the Letter of Final
Determination to officially amend via City Council Resolution, their current floodplain management
regulations (i.e., ordinance, building code, other) and incorporate NFIP regulations pertaining to newly
mapped flood zones on the FIRM as well incorporate missing development and programmatic
requirements of the NFIP. The draft ordinance has been revised to be in compliance with the latest NFIP
and state standards. These new standards include a,ccounting for sea level rise, coastal high hazard (Zone
VE) development, attached and detached garage development, updates to manufactured homes and
recreational vehicles, incorporating new definitions relevant to floodplain management, and notification
requirements to FEMA.
Feb. 11, 2020 Item #4 Page 56 of 60
ZCA 2019-0001/LCPA 2019-0004-FLOODPLAIN MANAGEMENT REGULATIONS AMENDMENTS
Date December 4, 2019
Pa e 3
Ill. ANALYSIS
The amendments are necessary to implement new guidance and regulations from Title 44 Code of Federal
Regulations Sections 59.1 and 60.3 and the California Model Floodplain Management Ordinance for
Coastal Communities (December 2006). The proposed amendments to the Zone Code and Local Coastal
Program are provided in strikethrough/underline format (Attachment 2) and are summarized below.
A summary of the main changes is listed below:
• The definitions Section 21.110.050 has been updated based on FEMA requirements
• Change term 100-year flood event to a 1-percent-annual-chance flood throughout the
ordinance
• Clean up and addition of FEMA requirements on Section 21.110.130 on Special Use Permits
• Updates to floodplain .administrator designation and duties and responsibilities of floodplain
administrator
• Updates made to Standards of construction Section 21.110.160 that elevation to base flood
level now says -elevated two feet above the base flood elevation and adding FEMA
requirements on garages and accessory structures
• New FEMA standards updated for Manufactured Homes and Recreational Vehicles
• Updates to Coastal high hazard areas that no fill, new basements, expansion of basements, or
improvements to basements shall be permitted
• Previous section on Appeals is now titled Variances
Changes reflected in the proposed ordinance are based on input from FEMA and some cleanup of text by
staff. A short summary of several key changes is described below. For example, several new definitions
are proposed to be added. Proposed new or edited definitions include: 1-percent-annual-chance flood,
development; encroachment; manufactured home park or subdivision (definitions are proposed for
existing, expanded, and new); historic structure; mean sea level; new construction; obstruction;
recreational vehicle; special flood hazard area; start of construction; and substantial damage. Definitions
are found in Section 21.110.050.
The proposed ordinance would add a requirement for certification by a registered civil engineer or
licensed land surveyor that the required lowest floor elevation for residential development, including
manufactured homes, complies with the requirements of the flood ordinance (Section 21.110.160). Also,
the proposed flood ordinance will increase the lowest floor elevation requirement. The currently certified
flood ordinance requires that all new construction or substantial improvements of residential structures,
including manufactured homes, are required to have the lowest floor, including basement, to be elevated
to or above the base flood elevation. The proposed ordinance would increase that to be two feet above
the base flood elevation. In Coastal High Hazard areas (V zones), the lowest floor elevation would be
required to be elevated two feet above the base flood elevation and critical infrastructure shall be
elevated three feet above the base flood e.levation. These changes are found in Section 21.110.210.
In addition, the section on Standards of construction (Section 21.110.160) is proposed to be expanded to
better describe construction methods to be employed to reduce flood hazard. For example, new sections
are proposed describing flood hazard reduction measures for flood openings and garages and low cost
accessory structures. Newly proposed is Section 21.110.195 establishing "Standards for Recreational
Vehicles" which would require that, within Zones Al-30, AH, AE, Vl-30 and VE, if a recreational vehicle is
on site more than 180 consecutive days or is not licensed and ready for highway use it must meet the
elevation and anchoring requirements for manufactured homes in Section 21.110.190 of the ordinance.
Feb. 11, 2020 Item #4 Page 57 of 60
ZCA 2019-0001/LCPA 2019-0004-FLOODPLAIN MANAGEMENT REGULATIONS AMENDMENTS
Date December 4, 2019
Pa e 4
IV. ENVIRONMENTAL REVIEW
The city planner has determined that the project is a minor zone code amendment that refines or clarifies
existing land use standards and would have no significant effect on the environment. Therefore, the
project is exempt from the California Environmental Quality Act {CEQA) pursuant to CEQA Guidelines
Section 15061(b)(3) and Carlsbad Municipal Code Section 19.04.070 A.1.c.i.
ATTACHMENTS:
1. Planning Commission Resolution No. 7353
a. Exhibit 1 -Draft City Council Ordinance adopting Floodplain Management Regulations
Amendment ZCA 2019-0001 and LCPA 2019-0004
2. Proposed text changes to the Zone Code shown in strikeout/underline format
3. City of Carlsbad Floodplain Map
Feb. 11, 2020 Item #4 Page 58 of 60
All Receive -Agenda Item It .!:I_
For the Information of the:
CITY COUNCIL
Date#-CA~ CCX
CM~C00 )( DCM(3).X.
Feb. 11,2020
Council Memorandum
To:
From:
Honorable Mayor Hall and Members of the City Council
Melanie Saucier, Associate Planner
Via:
Gary Barberio, Deputy City Manager }; --1
Elaine Lu key, Chief Operations Officer, -
{city of
Carlsbad
Re: Additional Materials Related to Staff Report Item No. 4-Update City's Floodplain
Management Regulations to Ensure Consistency with Federal Guidelines
This memorandum provides an update to Agenda Item No. 4 for the City Council Meeting on Feb.
11, 2020. Additional content on where to find FEMA flood maps for the City of Carlsbad is included
below.
Current hard copies of the FEMA flood maps are available at City Hall in the City Clerk's office for
public review until close of business on Thursday, Feb. 13th• After that time, they will be available
at the Faraday Building Planning Counter (1635 Faraday Ave, Carlsbad, CA 92008). Also, below is a
web link to download the maps directly from the FEMA Flood Map Service Center. FEMA Flood
Maps to download -https://msc.fema.gov/portal/home
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Jeff Murphy, Community Development Director
Don Neu, City Planner
Jason Geldert, City Engineer
Community Services Branch
Planning Division
1635 Faraday Ave I Carlsbad, CA 92008 I 760-602-4605