HomeMy WebLinkAbout2020-04-21; City Council; ; Adoption of Ordinance No. CS-373 - Floodplain Management Regulations AmendmentsCA Review CKM
Meeting Date: April 21, 2020
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Sheila Cobian, City Clerk Services Manager
sheila.cobian@carlsbadca.gov or 760‐434‐2917
Subject: Adoption of Ordinance No. CS‐373 – Floodplain Management Regulations
Amendments
Recommended Action
Adopt Ordinance No. CS‐373 approving a zoning code amendment and Local Coastal Program
amendment to ensure consistency with federal guidelines related to Floodplain Management
regulations.
Executive Summary /Discussion
Ordinance No. CS‐373 was introduced and first read at the City Council meeting held on April 7,
2020. On a motion by Council Member Schumacher, seconded by Mayor Pro Tem Blackburn,
the City Council voted 4‐0 to introduce the ordinance. The second reading allows the City
Council to adopt the ordinance, which will become effective thirty days after adoption.
Fiscal Analysis
There is no anticipated fiscal impact from this item.
Next Steps
The city clerk will have the ordinance or a summary of the ordinance published in a newspaper
of general circulation within fifteen days following adoption of the ordinance.
Environmental Evaluation (CEQA)
The city planner has determined that the project is a minor zone code and general plan
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 pursuant to CEQA Guidelines Section 15061(b)(3) and Carlsbad Municipal Code
Section 19.04.070 A.1.c.i.
Public Notification and Outreach
This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing
at least 72 hours prior to the meeting date.
Exhibits
1.Ordinance No. CS‐373
April 21, 2020 Item #4 Page 1 of 25
ORDINANCE NO. CS-373
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 Carls,bad 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 Municipal Code and City Council Policy Update Subcommittee met on Feb. 19,
2020 and again on March 9, 2020 to review the proposed code changes and recommend minor
clarifying modifications to the proposed amendment to the Floodplain Management Regulations
Zoning Ordinance; and
April 21, 2020 Item #4 Page 2 of 25
WHEREAS, the City Council of the City of Carlsbad held a duly noticed Public Hearing as
prescribed by law to consider ZCA 2019-000i/LCPA 2019-0004; 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, 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:
April 21, 2020 Item #4 Page 3 of 25
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood-control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in areas of special flood
hazard;
(6) To help maintain a stable tax base by providing for the second use and development of
areas of special flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood
hazard;
(8) To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions; and
(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.
April 21, 2020 Item #4 Page 4 of 25
(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.
(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 M on the Flood Insurance Rate Map
(FIRM).
(6) "Base flood" means the flood having a one percent chance of being equaled or
exceeded in any given year (also called the 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) "Critical Facility" means those city or community servicing facilities that
are vital to the continued delivery of key city service, or that may significantly
affect the city's ability to recover from the disaster. These facilities include
schools (hosting shelters), and buildings such as jails, law enforcement centers,
and public services buildings.
(11) "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.
(12) "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.
(13) "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
April 21, 2020 Item #4 Page 5 of 25
construction of streets and either final site grading or the pouring of concrete pads) was
completed before October 11, 1988.
(14) "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).
(15) "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
(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.
(16) "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.
(17) "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.
(18) "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.
(19) "Floodplain" or "flood-prone area" means any land area susceptible to being
inundated by water from any source. (See definition of flood above).
(20) "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.
(21) "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.
(22) "Flood proofing" means any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures and their contents.
(23) "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."
April 21, 2020 Item #4 Page 6 of 25
(24) "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.
{25) "Highest adjacent grade" means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
{26) "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.
(27) "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 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.
(28) "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.
(29) "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.
(30} "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.
April 21, 2020 Item #4 Page 7 of 25
(31) "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.
(32) "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.
(33) "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.
(34) "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.
(35) "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.
(36) "Riverine" means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
(37) "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
(38) "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.
(39) "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
April 21, 2020 Item #4 Page 8 of 25
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
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.
(40) "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.
(41) "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.
(42) "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."
(43) "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.
(44) "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)
April 21, 2020 Item #4 Page 9 of 25
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)
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)
April 21, 2020 Item #4 Page 10 of 25
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 man made 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)
21.110.130 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 (i.e.,
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 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 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.lS0(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
April 21, 2020 Item #4 Page 11 of 25
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,
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 ofthe
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 !-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 of the floodplain administrator shall include, but not be limited to:
April 21, 2020 Item #4 Page 12 of 25
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;
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 regarding the proposed development.
C. 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 21.110.230 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.
April 21, 2020 Item #4 Page 13 of 25
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)(B), elevations in areas of shallow
flooding;
(C) The certification required in Section 21.110.160(3)(C), 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;
(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.
April 21, 2020 Item #4 Page 14 of 25
(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.
(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 and sanitary facilities:
April 21, 2020 Item #4 Page 15 of 25
(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:
(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;
April 21, 2020 Item #4 Page 16 of 25
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)
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.
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
April 21, 2020 Item #4 Page 17 of 25
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)
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
April 21, 2020 Item #4 Page 18 of 25
3. Meet the permit requirements of Section 21.110.130 ofthis 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 of the lowest floor (excluding the pilings or
columns) is elevated two feet above the base flood elevation. All critical facilities 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 permitted in coastal high hazard areas.
April 21, 2020 Item #4 Page 19 of 25
(6) Man made alterations 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) 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) 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;
(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
April 21, 2020 Item #4 Page 20 of 25
(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.
April 21, 2020 Item #4 Page 21 of 25
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;
(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.
April 21, 2020 Item #4 Page 22 of 25
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.
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.
April 21, 2020 Item #4 Page 23 of 25
F. Applicant Notice.
1. Pursuant to Title 44 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.
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.
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.
April 21, 2020 Item #4 Page 24 of 25
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 7th day
of April, 2020, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 21st day of April, 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
~ARBARA ENGLESON, City Clerk
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April 21, 2020 Item #4 Page 25 of 25