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2020-04-07; City Council; ; Update to the city's floodplain management regulations to ensure consistency with federal guidelines Project Name: Floodplain Management Regulations Amendments Project No
Meeting Date: To: From: Staff Contact: CA Review f;{_ Subject: April 7, 2020 Mayor and City Council Scott Chadwick, City Manager Jason Geldert, Engineering Manager jason.geldert@carlsbadca.gov, 760-602-2758 Update to the city's floodplain management regulations to ensure consistency with federal guidelines Project Name: Project No.: Floodplain Management Regulations Amendments ZCA 2019-0001/LCPA 2019-0004 (PUB 2019-0010) Recommended Action Staff presents the council with two options: 1.Planning Commission's recommendation That the City Council hold a public hearing and introduce an ordinance approving an amendment to the Zoning Ordinance ZCA 2019-0001; and adopt a resolution approving a Local Coastal Program Amendment [LCPA 2019-0004] to amend Title 21 of the Carlsbad Municipal Code to update the city's Floodplain Management Regulations to ensure they are consistent with federal guidelines. (Exhibits 1 and 2) 2.Municipal Code and City Council Policy Update Subcommittee's recommendation That the City Council hold a public hearing and introduce an ordinance approving an amendment to the Zoning Ordinance ZCA 2019-0001 as amended by the Municipal Code and City Council Policy Update Subcommittee on May 9, 2020 and adopt a resolution approving a Local Coastal Program Amendment [LCPA 2019-0004] to amend Title 21 of the Carlsbad Municipal Code to update the city's Floodplain Management Regulations to ensure they are consistent with federal guidelines (Exhibits 3 and 4) Executive Summary To remain a National Flood Insurance Program community, the city must regulate development in its flood hazard areas under the requirements of the Federal Emergency Management Agency's Floodplain Management Ordinance, along with other various technical documents published by FEMA. The proposed amendments referenced above have been drafted in cooperation with FEMA and are intended to ensure the city's floodplain management regulations are consistent with the agency's requirements. The item was originally docketed for the Feb. 11, 2020 City Council meeting (Agenda Item #4). At that meeting, prior to any discussion, the City Council continued the item to the April 7, April 7, 2020 Item #9 Page 1 of 144 April 7, 2020 Item #9 Page 2 of 144 2020, council meeting and directed the item to the Municipal Code and City Council Policy Update Subcommittee for its review before that meeting. On Feb. 19, 2020, and again on March 9, 2020, the subcommittee met to review and discuss the ordinance as recommended by the Planning Commission. At the end of the March 9, 2020, meeting, the subcommittee recommended approval of the proposed changes as recommended by the Planning Commission, with modifications, as is reflected in Exhibit 5. The proposed ordinance, including the subcommittee's suggested revisions, are shown in strikeout-underline format in Exhibit 6. Staff is presenting both options for City Council consideration because the matter was previously docketed as a Planning Commission recommendation to be brought before the City Council, and because the subcommittee's recommendation is slightly different from the Planning Commission's recommendation. 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). A detail of the changes and background are contained in the Planning Commission Staff . Report (Exhibit 7), but a summary of the main changes are 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," as required by FEMA • Clean up and add FEMA requirements in Section 21.110.130 on Special Use Permits • Updates to 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 Planning Commission and City Council Meetings On Dec. 4, 2019, the Planning Commission conducted a public hearing and recommended approval (6-0-1 with Commissioner Luna absent) ofthe Zoning Ordinance Amendment and Local Coastal Program Amendment (Exhibits 7-9). No public comments were received. The item was originally docketed for the Feb. 11, 2020 City Council meeting (Agenda Item #4). At that meeting, as noted above, the council postponed the matter until the April 7, 2020, City Council meeting and sent the item to the Municipal Code and City Council Policy Update Subcommittee for is review before that City Council meeting. April 7, 2020 Item #9 Page 3 of 144 Subcommittee review and recommendation On Feb. 19, 2020, and again on March 9, 2020, the subcommittee met to review and discuss the ordinance as recommended by the Planning Commission. At the end of the March 9th meeting, the subcommittee recommended approval of the proposed changes as recommended by the Planning Commission, with three modifications as shown in Exhibit 5. The proposed ordinance, including the subcommittee-suggested revisions, are shown in strikeout-underline format in Exhibit 6. Next Steps The City Council's next action would be the second reading of the introduced ordinance. Following this action, amendments to Title 21 will become effective outside of the Coastal Zone immediately and amendments inside the Coastal Zone will become effective when the California Coastal Commission approves the Local Coastal Program Amendment. Staff will apply for a Local Coastal Program Amendment to the California Coastal Commission upon receiving 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 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 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 (without subcommittee modifications) 2. City Council resolution 3. City Council ordinance (with Subcommittee modifications) 4. City Council resolution (includes Subcommittee) 5. Subcommittee recommended actions dated April 7, 2020 6. Proposed Text Changes in the Zone Code shown in strikeout-underline format 7. Staff report prepared for Planning Commission dated Dec. 4, 2019 8. Planning Commission resolution 9. Planning Commission minutes dated Dec. 4, 2019 10. Staff memo addressed to the subcommittee dated March 9, 2020 April 7, 2020 Item #9 Page 4 of 144 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: FLOODP LAIN 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 Loca l 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 April 7, 2020 Item #9 Page 5 of 144 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 ~dversely 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; April 7, 2020 Item #9 Page 6 of 144 (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; aod (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. April 7, 2020 Item #9 Page 7 of 144 (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 lO0~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 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 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: April 7, 2020 Item #9 Page 8 of 144 (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) "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. (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. April 7, 2020 Item #9 Page 9 of 144 (25) "Historic structure" means any structure that is: l. 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, 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. (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 April 7, 2020 Item #9 Page 10 of 144 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 specia l flood or flooa-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 April 7, 2020 Item #9 Page 11 of 144 alteration affects the external dimensions ofthe 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 ofthe 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 ofthis 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) April 7, 2020 Item #9 Page 12 of 144 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 ofthis 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 req1,.1irements (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 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 April 7, 2020 Item #9 Page 13 of 144 reliance on this chapter or any administrative decision lawfully made the.reunder. (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 existi~g 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 21.110.150(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, April 7, 2020 Item #9 Page 14 of 144 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 conditi~nally 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 ofthe 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 fioodplain 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. 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; April 7, 2020 Item #9 Page 15 of 144 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 Cond itional 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" de fin it ion. 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 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 Cal ifornia 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. Document ation 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 flood proofing 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; April 7, 2020 Item #9 Page 16 of 144 (F) The certification requjred 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 free board. (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 freeboard. (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. April 7, 2020 Item #9 Page 17 of 144 (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)(() 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)(() 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: (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 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 April 7, 2020 Item #9 Page 18 of 144 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. (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 res istant 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. "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 bui lt 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) April 7, 2020 Item #9 Page 19 of 144 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 subd.ivision 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. April 7, 2020 Item #9 Page 20 of 144 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 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 flood ways. s·ince 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: April 7, 2020 Item #9 Page 21 of 144 (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. (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) Manmade 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 s1.,1ch structures contain a basement. (Ord. NS-39 § 1, 1988) April 7, 2020 Item #9 Page 22 of 144 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 ofthe 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 (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. April 7, 2020 Item #9 Page 23 of 144 (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 ofthe land . The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat a"reas, 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 th is section and Chapter 21.50 of this title. B. Subject to the findings specified in Chapter 21.50 and subsection D of th is 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; (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; April 7, 2020 Item #9 Page 24 of 144 (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 ha.rdship. All of these problems can be resolved th rough 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. April 7, 2020 Item #9 Page 25 of 144 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. 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: April 7, 2020 Item #9 Page 26 of 144 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. 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) April 7, 2020 Item #9 Page 27 of 144 April 7, 2020 Item #9 Page 28 of 144 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: April 7, 2020 Item #9 Page 29 of 144 "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: MA TT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) April 7, 2020 Item #9 Page 30 of 144 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 3 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 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 7, 2020 Item #9 Page 31 of 144 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 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 7, 2020 Item #9 Page 32 of 144 (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 ofthe floodplain administrator's interpretation of any provision of this chapter or a request for a variance. April 7, 2020 Item #9 Page 33 of 144 (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 7, 2020 Item #9 Page 34 of 144 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 11flood-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) "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. (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 7, 2020 Item #9 Page 35 of 144 (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 ofthe 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 7, 2020 Item #9 Page 36 of 144 (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 7, 2020 Item #9 Page 37 of 144 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 7, 2020 Item #9 Page 38 of 144 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 7, 2020 Item #9 Page 39 of 144 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) 21.110.130 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 ofthe 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 7, 2020 Item #9 Page 40 of 144 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 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 of the floodplain administrator shall include, but not be limited to: April 7, 2020 Item #9 Page 41 of 144 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 7, 2020 Item #9 Page 42 of 144 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)((), elevations or floodproofing of non residential 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 7, 2020 Item #9 Page 43 of 144 (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 freeboard. (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 7, 2020 Item #9 Page 44 of 144 (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 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 floodproofing 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 floodproofed. 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 7, 2020 Item #9 Page 45 of 144 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 7, 2020 Item #9 Page 46 of 144 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 7, 2020 Item #9 Page 47 of 144 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 ofthe 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 ofthe 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 7, 2020 Item #9 Page 48 of 144 (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 foll0wing 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 7, 2020 Item #9 Page 49 of 144 (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 7, 2020 Item #9 Page 50 of 144 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 7, 2020 Item #9 Page 51 of 144 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 7, 2020 Item #9 Page 52 of 144 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. 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 7, 2020 Item #9 Page 53 of 144 INTRODUCED AND FIRST READ at a Regular Meeting ofthe 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 __ 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) April 7, 2020 Item #9 Page 54 of 144 RESOLUTION NO. 2020-057 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 4 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 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 WHEREAS, the City Council oft he 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. April 7, 2020 Item #9 Page 55 of 144 3. That the recommendations by the Municipal Code and City Council Policy Update Subcommittee do not substantially alter the intent or purpose of the proposed amendment to the Floodplain Management Regulations Zoning Ordinance as recommended by the Planning Commission. 4. 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: "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 7th day of April, 2020, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher. None. None. MATT HALL, Mayor (SEAL) April 7, 2020 Item #9 Page 56 of 144 EXHIBITS ( City of Carlsbad April 7, 2020 To: From: Via Re: Honorable Mayor Hall and Members of the City Council Jason Geldert, Engineering Manager Scott Chadwick, City Manager Gary Barberio, Deputy City Manager Jeff Murphy, Community Development Director Floodplain Management Regulations Amendments ZCA 2019-0001 / LCPA 2019-0004 (PUB 2019-0010 The above referenced item was originally docketed for the Feb. 11, 2020 City Council meeting (Agenda Item #4). At that meeting, prior to any discussion, t he item was continued by the City Council to a date certain of April 7, 2020, and then the item was directed to the Municipal Code and City Council Policy Update Subcommittee (Subcommittee) for review prior to the April 7th City Council meeting. On Feb. 19, 2020, and again on March 9, 2020, Community Development Department staff responded to questions and provided information to the Subcommittee regarding the proposed changes to the City's Floodplain Management Regulations. At the end of the March 9th meeting, the Subcommittee recommended approval of the proposed changes with the following modifications. 21.110.150 Duties and responsibilities of the floodplain administrator. B. Advise Decision-Making Authority. The floodplain administrator shall advise the decision-making authority specified in Section 21.110 .150 regarding the proposed development. During the meeting, questions were raised regarding the duties and responsibilities of the Floodplain Administrator and how they may conflict with the role of the decision-maker. Staff agreed that the section in question was unclear and the above modification would provide clarification. 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: Community Development Department 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2710 I www.carlsbadca.gov April 7, 2020 Item #9 Page 57 of 144 Honorable Mayor Hall and Members of the City Council April 7, 2020 EXHIBIT 5 Page 2 (1) All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to two feet above the base flood elevation. All critical infrastructure facilities shall be elevated three feet above the base flood elevation. 21.110.050 Definitions. "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. The added definition provides needed clarity to what qualifies as a 'critical facility' subject to the new base flood elevation requirements. Community Development Department 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2710 I www.carlsbadca.gov April 7, 2020 Item #9 Page 58 of 144 FLOODPLAIN MANGEMENT REGULATIONS AMENDMENT ZCA 2019·0001/LCPA 2019·0004 (PUB2019·0010) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) SHOWN IN STRIKETHROUGH/UNDER.LINE FORMAT EXH IBIT 6 AMENDMENTS TO CHAPTER 21 .11 0 FLOODPLAIN MANAGEMENT REGULATIONS Chapter 21.l 10 FLOODPLAJN MANAGEME T REGULA TIO 21.l I 0.010 Statutory authorization. 21.1 I0.030 Statement of purpose. 21.110.040 Methods of reducing flood losses. 21.l 10.050 Definitions. 21.l I 0.060 Applicabilitv, ............•............•.....................................•............................ • 21.110.070 Basis for establishing the,Sp_~~j~!l'.!9.<-!~..&?Ar.d Are!J, ...................•...........•....•....•...• ,. .•... 21.110.080 Compliance. 1,.-_-.._ 21 .11 0.090 Abrogation and greater regulations. \· .• 21.110.100 Interpretation. \: 21.110.J 10 Warning and disclaimer of liability. ,21.110. 130 Srecial use permit. ...................................................................................•...•..•. ,21.1 IO. l40 Designation of floodp)ain administrator .....•......••...•...•............................................•.. 21.1 I 0. I SO Duties and responsibilities of the floodplain administrator. 21.1 IO. l60 Standards of construction. 21.1 l 0.170 Standards for uti lities. 21.110.180 Standards for subdivisions. 21.1 10.190 Standards for manufactured homes. 2 l.l I 0.195 Standards for recreational vehicles. 21.1 I0.200 Floodways. 21.110.210 Coastal high hazard areas. 21.110.220 Mudslide (i.e., mudflow) prone areas. 21.1 10.230 Flood·related erosion·prone areas. Deleted: Lands to which this chapter applies. Deleted: areas of Deleted: s Deleted: f Deleted: h Deleted: 21.110.120 Severability.1 Deleted: 21.110.13S Findings for approval.f 2 l.l I 0.240 Variances •..................... ···-··········••··•···························-······························ Deleted: Appeals. >------'-'--------------< < ••••••• ••••• •••••••• •••••••• •••••••• •••••••• •••••• •• • •••• ••••••••• •••• ··································-················· ••· • Deleted: 21.110.250 Conditions for variances. 21.110.010 Statutory authorization. This chapter is adopted pursuant to the legislative authority set forth in Go emment 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: (I) The flood hazard areas of the city are subject to periodic inundation that may result in loss oflife and property, health and safety hazards, d.isruption of commerce and governmental April 7, 2020 Item #9 Page 59 of 144 EXHIBIT 6 services, ex:traord.inary public expenditures for flood protection and relief, and impairment of the tax: base, all of which adversely affect the pub! ic health, safety and general welfare. (2) These flood losses are caused by the cumulative effect of obstmctions in areas of special flood hazards that increase flood heights and velocities, and when inadequately anchored, damage uses in otber 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 m.inimize public and private losses due to flood conditions in specific areas by provisions designed: (I) To protect human life and health; (2) To minimize expenditure of pub! ic 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 faci lities 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 tbe second use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To Y.I.S!!~<!.th~!.P9!~!!~i!l.lJ>.l!Y~!.S.Jl!.C.!1.9!tfi~.~-~h_~~.Pr9P.~r~.i.s_j11_!1:1!.!¥.~~-9f ~P.~~!~JJ.9_q9 _______ ... ---{,..._o_e_1e_t_ed_:_i ____________ ._J hazard; (8) To W~!l.~~ .th!!! _t_h,9~~-)'Y!1..C2.C2~9.'~PY. !~.~ .!!~~~.Qf ~p-~~!~! .Q~<?~-~-~[~. ~-~~':1!1:1~. f~~.P.9!'!~~~@y_ ...•.. •· ·1,...·_o_e_le_t_ed_:_i ____________ ._J for their actions; and (9) Recognize floodplain area5 as potential open space resources and encourage compatibl~ open space uses wherever possible. (Ord. CS-102 § CXXIII, 2010; Ord. NS-39 § I, 1988) 21.110.040 Methods of reducing flood losses. In order to accomplish its purposes, this chapter includes metbods and provisions for: (I) Restricting or prohibiting uses wbicb 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 fill ing, grading, dredging and other development which may increase flood damage; and (5) Preventing or regulating the construction of flood barriers which wi11 unnatmally divert .floodwaters or which may increase flood hazards in other areas. (Ord. NS-39 § 1, 1988) 21.110.050 Definitions. April 7, 2020 Item #9 Page 60 of 144 EXHIBIT 6 For the purposes of this chapter, the following words and phrases have the meaning respectively ascribed to them by this section: (I) "I-percent-annual-chance flood·· means the .flood havin!?. one chance in 100 of beine: equaled or exceeded in anv one-year period (also known as the I 00-vear flood or base flood). (2) "Appeal" means a request for a review of the floo dplain administrator's interpretation of any provision of this chapter or a request for a variance. ~urance ;~e~~~ s(~~~:/1;~:i~!~ ~~:s dae~~~~gr~~t;: t:~~~ ~~~¾e:t~: ~~e:~YF~~~~ed ·· ·-.::::-{:,.,-:-:-::-:-::-:-:--------------< channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. (:U . ··-· .. "Area of special flood-related erosion hazard" means the area subject to severe flood ..... ·-·· .. -·{ .... _o_e_l_et_e_d_: 3 ______________ J related erosion losses. The area is designated as zone Eon the Flood Insurance Rate Map (FIRM). 1...52.. ...... "Area of special mudslide (i.e., mud.flow) 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 Deleted: (4). Arca of Special Flood Hazard. See "Special flood hazard area." in any given year (also called the I-percent-annual-chance or I 00•,¥ear flood)._································{..__o_e_l_et_e_d_: o_n_e-_h_llll_dr_e_d_· ------------J (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; an d (B) The elevated portion of the building shall not incur any slructural 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. IO .. l ri11cal h1C il1l\ ··mean · tho~, cit\ 11 c 1m111u11JLv sen 1c111~ foci1111cs tlrnt arc\ !Lui to the 'Dllltllul·<l ckli\ en· of l..c\ cit scl\ ice. or that mu ,ium licaml affect the l'il\ ·s ab1lit1 t,, rccm c ·mm the cJ1s,1stcr I hc,c focil itics 1nducJc schuols lhosling shelters). and butlcJin!.! · ,uch as :uls. la11 'llftm:rn1rnt center~ <!!)d 11\)_ljc:_~<.:n 1cc,_huild1!]0S (1 l) "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 stora!!e of eguipmenl or materials. April 7, 2020 Item #9 Page 61 of 144 EXHIBIT 6 excavation, buildines. pennanent structures or development into a floodplain which ma impede or alter the flow capacity of a floodp lain !l3) "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 home are to be affixed (including. at a minimum. the installation of uti lities, the construction of streets and either final site grading or the pouring of concrete pads) was completed before October 11 1.988 . .(l4) "Expansion to an existing manufactured·home park or subd ivision" means the preparation of addi tional sites by the con truction 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 gradine or the pouring of concrete pads}. (1 \\ •••••••• <flood" or "flooding'' means a general.and tempora.n-.condition of partial. or cornp1ete ..... •·····{,.___D_e_l_et_e_d_: _1 _____________ _.J inundation of nonnally dry land areas due to: (A) The overflow of floodwaters., .••.•.•.••...•......... ··················-···············-··--...• -··· •{;::=D=e=le=t=ed=:=; ============:::::::: (B) The unusual and rapid accumulation or runoff of surface waters from any sourci;. .•........•... -··i Deleted:; 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 undem1ining 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 stonn, 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 a~ defined in this definition. (16) •....•. "Flood Boundary and Floodway Map" means the official map on which.the Federal •.•.•.••.. -···{~_D_e_le_t_ed_:_2 _____________ ~ Emergency Management Agency or JillLFederal Insurance Administration has delineated both the areas of flood hazard and U1e floodway. (J 7J ....... "Flood Insurance _Rate Map (FTRM)" means the official_ map on_ which the Federal ___ ._ .... _ .•. •··{~_D_e_le_te_d_: _3 ------------~ Emergency Management Agency or JillLFederal Insurance Administration has delineated both U1e areas of special flood hazards and the risk premium zones applicable to the community. ( I !Q ___ ... "Flood Insurance_ Study'' means the official report provided by the Federal _Insurance ............ -{~_D_e_le_t_ed_:_4 _____________ ~ Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. (19J ....... "Floodplain" or "flood•prone area"_means_any land area susceptible to being inundated ....• -···· __ D_el_e_te_d_: _s _____________ _ by water from any source. {See definition of flood above).·······················•-•·•·······•·················· Deleted: ing >-~========-=---====..,( (20.)_ ...... "Floodplain_management" means the operation ofan_overall program of corrective and ..... -···· Deleted: 6 preventive measures of reducing flood damage including, but not limited to> emergency ------------------~ preparedness plans, flood control works and floodplain management regulations. (II) ...... "Floodplain_manag_ement reg_ulations" means zoning chapters, subdivision.regulations,. ...... -···{~_D_e_l_et_e_d_: _11 _____________ ~ building codes, health regulations, special purpose chapters (such as floodplain chapter, grading chapter and erosion control chapter) and 0U1er applications of police power. The tenn describes such state or local regulations in any combination thereof, which provide standards for U1e purpose of flood damage prevention and reduction. April 7, 2020 Item #9 Page 62 of 144 EXHIBIT 6 (22,) ________ ''.f_l_(JQ~_Qr9_(J{1_1!g'.'_!1.1_e_f!l)~.~1.1?9.1!1.~!l)?_tj9J!_(1f.S.tn-!<?!1clr?J.~.~-'!9m!l"_l!<?!ll!?_l_l_ld_1[!i_(J% ___________ .-·-·i~_D_e_l_et_e_d_: _18 _____________ _ 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 ofa river or other watercourse and the adjacent land_areas .---···{~_D_e_l_et_e_d_: _19 _____________ _ 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." (24.) ••••••• "Functional!.Y.de_Qendent use" means a use which cannot_perform its_intended purpose .•.•.••. •···{~_D_e_l_et_e_d_: o ______________ _ 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-tem1 storage or related manufacturing facilities. (25..l ....... .''.!"!i.gr.~g .!!.c!.i.?~.e.IJ!.Sr?~.tc''. .'!1.~~~.th~· -~ \g!~~~U~?!1clf!l! _ ~!~Y-~!i_()l).9H~~.g!_(Jllfl.(~llrf?9.~ QQ.<?~ ...•...• ·{,.__D_e_l_et_e_d_: _1 _____________ __, to construction next to the proposed walls of a structure. _Q6) "Historic structure" means anv structure that is: I. Listed individuallv in the National Register of Historic Places (a listing maintained bv the Department of Interior) or preliminarily determined by the Secrelarv of the Interior as meeti ng the requirements for individual I isling on the National Regisler· 2. Certified or preliminarilv determined by the Secretarv of the Interior as contTibutin2. to the historical significance ofa registered historic district or a district preliminarilv delem1im:d by the Secretary to qualify as a registered historic district; 3. Indiv idually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of fnterior; or 4. Indi vidually listed on a local inventory of historic places in commw1ities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directlv bv lhe Secretary of the Interior in states without approved programs. (27J ....... "Lowest floor" means the lowest floor of the lowest enclosed area, including basement ......•. -··i __ o_e_l_et_e_d_: 2 ______________ _ (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 21.1 I 0.160(1 ); (ii) The construction materials and methods standards in Section 21.110.160(2); (iii) The wet flood proofing standard in Section 21.11 0.160(3); and (iv) ll1e standards for utilities in Section 21. J J 0.170. (28.l ....... .'}:1."!l)~l_f'.!!<!~':l!"~QM!1:1.e.''..'!!C??!'.~A.S~!~~tll!~,.t!?.IJ~PRr:t.l!~!~.lIJ.9!1~.<1r.1~9r~.§~_c,tJ9.'!~,.'Yhl~~.l~ ... -•····1~D-e_le_t_e_d_: 3 _____________ ~ built on a permanent chassis and is designed for use with or without a permanent foundation when April 7, 2020 Item #9 Page 63 of 144 EXHIBIT6 connected to the required utilities. For floodplain management purposes, the term "manufactured home" does noL includ~park trailers, travel trailers and other similar vehicles_placed_on a site.for ______ .::--· ,,__D_e_le_1e_d_:_a1_s_o _____________ _ greater than one hundred eighty consecutive days. · Deleted: s (29..l ... ___ . _"Manufactured home park or subdivision"_ means_ a _parcel {or contiguous parcels) of land . __ •. --· ~-D_e_le_te_d_:_4 ______________ ~ divided into two or more manufactured home lots for sale or rent. (30.:, _______ _'~M~!!!l.~~-l!)~)'.~r-~!~!1..'!S the avera!!e level of the surface of the ocean from which hei!!hts __ ••. --· Deleted: s such as elevation mav be measured based on,,the National Geodetic Vertical_ Datum {NOYD) of ______ ..... -;,--D-e-,e-te_d_:_fo_r_p_~_rp_o_se_s_o_f _th_e_N_a_tio_n_a_l F-1-oo_d_ln_su-,an-_-c_e _-< 1929 U1e Nonh American Vertica l Datum ( AVD) of 1988, or other datum, to which base flood Program, elevations shown on a community's Flood Insurance Rate Map are referenced. --Deleted: , Ql} "New constrnction " shall mean. solely for the purposes ofF.EMA detem1ining National Flood fnsurance Program insurance rates, structures for which the "start of constructfon" commenced on or after the effective date of an initial FIRM or after October 11. 1988, whichever is later. and includes any su bsequent improvements to such structures. Q2l "New manufactured home park or subdivision" means a manufactured home park or subd ivision for whjch the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (includine at a minimum, the installation of utilities. the construction of streets and either final site grad in!! or the pourine-of concrete pads) is completed on or after October 11 1988 . ..£;3)) "Obstruction" includes. but is not limited to, any dam. wall.~ harf. embankment. levee. dike. pile. abutment. protection. excavation. channelization. bridge. conduit, cu lvert. buildi ng, wire. fence. rock. gravel, refuse. Iii I. structure, vegetation or other material in. alone, across or projecting into anv watercourse which may alter. impede. retard or chanee the direction ancVor velocity of the flow of water. or due to its location. its propensitv to snare or collect debris carried by the flow of water. or its likelihood of being carried downstream. a. Built on a sinele chassis b. Four hundred square feet or le s when measured at the lareest horizon tal projection c. Designed to be se lf-propelled or pennanently towable by a light-duty truck: and cl. Desi!!lled primari lv not for use as a pem1a11e111 dwell in!! but as temporary living quarters for recreational, campine:. travel, or seasonal use. Deleted: (26). "New construction" means, for floodplain management purposes, structures for which the start of c-0nstruction e-0nnnenced on or after lhe cffectjve dare of a floodplain management regulation adopted by the e-0mm unity. (27). "One-hundred-year flood" or"I00-yearflood" means a flood which bas a one percent annual probability ofbeiJ1g equalled or exceeded It is identical to we base 0ood, which will be the term used throughout this chapter. 1 (28). "Person" means an individual or his/her agent, firm, partnership, association or corporation1 or agent of the aforementioned groups, or this state or its agencies or poli6cal subdivisions,1 Q.5.;) _______ "Remedy a violation"_means_to bring_ the structure or other development into compliance ••. -----{.._D_e_le_t_e_d:_2_9 _____________ __, 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 deve lopment 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. April 7, 2020 Item #9 Page 64 of 144 EXHIBIT 6 (36.) ....... .':!~tY~!J.!1.t:''. _l]W!'.1!1..~ _r~~a,tjn.g.~q, f !)_1)!!1)9. ~.Y., ~~ !!!.S.!)l)]~J!.!1.!Ll! !JY.!!LG!l<:l.l!9J!1_g .tfJ~.l.!~¥.t<;~l, ... ___ .... · -{~_D_e_le_t_ed_:_o _____________ __, stream, brook, etc. (37J ..•... "Sand dunes".means naturally occurring accumulations of sand in rid_ges or mounds ......••.. ---·i..__D_e_l_et_e_d_: _1 _____________ __, landward of the beach. (311.) _____ "SJJecial_flood hazard_area {SFHA)" means_an area having special flood or flood-related_. __ ..•. -;-D_e_l_et_ed_: 2---------------< erosion hazards, and shown on iif.IBM.!1.!i.Zones A. AO. AH. A 1-30, AE. A99. AR. AR/Al-30 .. _ ...... --··· Deleted: n FHBM or AR/AE. AR/AO. AR/AH. AR/A. VO. V).30. VE, and V • ·····--··-·------·-·---·-------------------··--·-···· ;-D-e-le-t-ed_:_z_oa_e_A._A_O_. A-J-.3-0-, -AE,--A:-9-9,-A-H-,-v-o-, V-J.-30-.-< (39,) ...... "Start ofconstruction".means.and includes substantial improvement, and means the date ...... . the building pennit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the perrnit date. The actual start means either the first placement of pennanent 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 anv 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 Cother than a mobile home) without a basement or poured footin2S, the "start of construction" includes the first perrnanent framing or assembly of the stmcture or anv 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 affixine 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 (includine.. at a minimum. the construction of streets. either final site eradine or the pourin!!. of concrete pads and installation of utilities) is completed. VE or V. Deleted: 3 (40J _ ..•.. "Structure" means a walled and.roofed_buildingLincluding a gas or liquid storag_e tank,__ ___ .... •·{~_D_e_l_et_e_d_: 4 ______________ ~ that is principally above ground, as well as a manufactured home. ~I) "Substantial damaee" means dama!!.e of anv orie.in sustained bv a structure whereby the cost of restoring the tructure to its before damae:ed condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. ~2.l ........ "Substantial improvement'' means an.x reconstruction, rehabilitation, addition, or other ........ -··{~D_e_le_t_e_d:_3_5 _____________ __, 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 perforrned. The term does not, however, include either: (A) Any project for i.rnprovement 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 ofa "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." April 7, 2020 Item #9 Page 65 of 144 EXHIBIT6 G3J ........ ''.Xi_irl~.c:i,'.'.ll)~.~~-!_1.g_r~~S>J_r_e,_Ij~f_fr(_)!'!J.~~~ . .r~_q1_1jr<?ll).C!.!_1~_qf.thLs_~~!_1P.t.ec~:wh.~c:~.P.C!_~.iJ~ ..... -•··-·i~_D_e_1e_t_ed_:_3_6 ____________ ~ construction in a manner that would otherwise be prohibited by this chapter. (14.J ....... "Violation" means the failure of a structure or other development to be ful!Y.com_pliant. ____ .. -···i~_D_e_le_t_ed_:_3_7 ____________ ~ with the commun ity'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 provi ded. (Ord. NS•664 §§ I, 2, 2003; Ord. NS·39 § I, 1988) 21.110.060 Applicab11ity.._ __ • ___ ................................... -................................................ -··i Deleted: Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazard areas, areas of flood•related erosion hazards • .f!i:C:~.C?f.i:i?!~'1~lL4<?.(l-!!.-,.JTI':IP./JQ'?V.1hl!J:~r.4~ and an;; areas identified bv the city sub ject to a I-percent· ......... -··-i Deleted: and annual-chance.flood within the jurisdiction oftbe city. When only a portion ofa 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.,s_p~pj,!l).!1.99.4h~.!!i:4 area (SFHA) L4~nt.ifM . .t!:t.t~~.f~4~.!'!lJ.k1~.ui:!_l'.1.C.C:.~qg)j1_1)§!!!_1!!<.?!1.Q:½-).2.fJ!~c: ......•.. -··i~D_e_le_t_e_d:_are_as_o_r ___________ ~ Federal Emergency Management Agency (FEMA) in the San Diego County and incorporated areas Flood lnsurance Study (FIS), datedJ)ecember 20, 201 9,.and accom_panyjn_g Flood_Insurance Rate Map (FIRM), ... •·· Deleted: June 19, 1997 ------------------< dated December 20.2019 ;md all subse{Juent amendments and/or revisions are.hereby adopted.by .•...••..•.... ---Deleted: June 19, 1997, reference and declared to be a part of this chapter. SFHA include Zones A AO. AH AJ -30. AE. A99, -----------------~ AR, ARIA 1-30, AR/AE. AR/AO, AR/A H. ARIA. VO, V 1-30, VE, and V. Ths.FIS and attendant ... -......... --·i Deleted: is mapping is the minin1um area of applicability of this chapter and may be supplemented by studies for -----------------~ other areas th at 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 § I, 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 confli ct or overlap, whichever imposes the more stri ngent restrictions shall prevail. (Ord. NS•39 § I, 1988) April 7, 2020 Item #9 Page 66 of 144 EXHIBIT 6 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 § I, 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 pem1itted 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. S-39 § I I 988) 21.110.130 Special use permit. Deleted: 21.110.120 Severability.,i This chapter and I.he various parts thereof are declared 10 be severable. Should any section of this chapter be declared by the courts 10 be unconstitutional or invalid, such decision A Special Use Permit Required. A special use permit shall be obtained in addition to any other shall not affect 11,e validity of the ordinance as a whole, or required permits or entitlements before construction or development begins within any-,5_£ecial ··--· any portioa thereofother than the section so declared 10 be flood hazard areas, areas of flood-related erosion hazards or areas of mudslide (i.e., mudflow) ·-. ____ :,.:un_c_o-ns-ti-tu-ti-o-nal-o-r '-·n-val-,-·d-. ('=O_r-d.-N_s_-_39....a..§_1,_1_9_88_.) ___ t __ -: hazards established in Section 2 I .110.070. Deleted: area of I. Exception. The maintenance repair or replacement of existing previouslv-permitted boat docks is not subject to the reguiremelll to obtain a special use permit. provided that the boat dock pilin2s will remain in place as part of the proposed work. B. Permit procedures. Procedures for special use permit shall be subject to lhe development permit procedures in Chapter 21.54 and 21.58. includin2 the following: I. Applications and fees. 2. Decision rnakin2 authoritv, 3. Expiration. extensions. and amendments C. Special application requirements. An application for a special use permit hall: I. _£3e accompanied bv E!!'!Jl.S_~h<?Y!l11g ~~_e__[!~!'I_J.f~,. lg9i1.tJ9_'!,_.!l_i.'!1.<;n_sjo_(!li _1!11_<! _e_le_v?_tj0.fl ~f _Qie ___ ,/ •• project site.; existing or l}roposed structures, fill, stora_ge of materials, draina_ge facilities; . ---. ·- and;11l other materials as seecified by the ci!Y plannei;. Sl}ecifically, the following__···-·-···, ••· informatiOn,!)1ust be provided: .................... _ ........................................... -.• ,.:~:·---~ --. -- Deleted: The filing fees for a special use permit shall be in an amount as the city council may by resolution establish. Applications for a special use permit shall be made on fonns furnished by the city planner and may include, but not be limited to, Deleted: in duplicate drawn 10 scale Deleted: area in question Deleted: tl1e location ofthe foregoin Deleted: g Deleted: is required April 7, 2020 Item #9 Page 67 of 144 EXHIBIT 6 a. J>roposed elevation i.n relation to mean sea level. oftbe lowest floor .(including .......... ,···i~ __ D_e_le_t_ed_:---'(---'l)_.-___________ __ basement) of all structures; in zone AO or VO, elevation of highest adjacent grade and proposed elevation of lowest floor of all stmctures; b . .Proposed elevation in relation to mean sea level to wbicb any.structure will be ..........•. •···i~ __ D_e_le_t_ed_:---'(2---')-· ___________ __ floodproofed; c. /JI apJHopriate certifications listed in Section 21.110. I 50{D)_ of this chapter; .....•........ •···1>-__ D_e_le_te_d_: ( .. 3 .. ) ·=-=========~ d. J)escru,tion of the elCtent to which any watercourse will be altered.or relocated as a ...... ••··{ Deleted: (4). result of proposed development; '----------'--'-----------__, e . .Environmental_im_pact assessment •..•..•..•.•......•......••..•.............................•.. •·•·· >===D=e=le=t=e=d:.,;(;.;5);.;.=====--=-----{ .L.Environmental.im_pact repor!Jfre4!1ired: and .............................•............... , ··· ·· Deleted: (one copy only); and g. Certification bv a registered professional engineer/architect that all desi!!n and •:::-•• :-----..:..-,_;.;;_.;.;.;_ _______ -< methods of construction meet elevation and anchoring standards per the code of •· .. :---D_e_ie_t_e_d:...;( .. 6) ... ___________ --< federal ree.ulations (Title 44 Section 60 3)._(Ord. CS· 164 §_ J 0, 201 l~ Ord CS-102 §........ Deleted: (twenty copies). CXXIV, 2010; Ord. NS•39 § I, 1988) Deleted:. D. Administration. Administrative procedures related to the processing of a minor nonresidential planned development pennit and nonresidential planned development permit shall be subject to Chapters 21.54.060 and 21.54.061. including the folio~ ing· I. Notices and hearings. ? Announcement of decision. 3. Effective date and appeals. J1.Ii~~\l}g~J9!.!IP.Pf9-"'.~l ofa Special Use Pem1it:.A..~P.<:~]~]_l_J~~.P.er:iI!\~r~gl_Jj~1??.!l)'..t_~l~.c_lrn~t<:.~!!1.l!.Y.~~ •....• ,····· >-D-el_et_e_d_: 2_1_._11_0_._13_s __________ -; approved or conditionally approved bv the city planner. upon the advice of the tloodplain administrator ··-.. Deleted: 11 and only if the following findings are made: (a). '-'--'------------------~ (I) 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 convex. 9!.~.1!'1?J!!.!1.P.!!~'? ....... •···· Deleted: pass >===========~=-------< flood of a I •percent-annual-chance flood, .. _ ..•.•.•••••.•... _ .... _ .....•...•..........••......•...•.••.•••.•• ..___D_e_l_et_e_d_: _1o_0..c·y_eru-_fr_eq-'-u_e_nc-'-y ________ ..., April 7, 2020 Item #9 Page 68 of 144 EXHIBIT6 (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 § JO, 201 I; Ord. CS-102 § CXXV, 2010) 21.110.140 Designation of floodplain administrator. The citv em!ineer js a_ppointed as the floodp)ain administrator. (Ord. CS-I 02 .§. CXXVI, 2010; Ord. NS-39 __ ... --·{ Deleted: Planning Commission § I, 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 Revie1'!, The floodplain administrator shall review all development permits to .•...•...... --··{ Deleted: Authority determine: ~-----~------------' l. The permit requirements of this chapter have been satisfied, includine determination of substantial improvement and substantial damaee of existine structures; 2. All other required state and federal permits have been obtained: 3. The site is reasonablv safe from floodine: 4. The proposed development does not adver elv affect the carrvin2 capacitv of areas where base flood elevations have been determined but a floodwav 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 fl ood more than I fool at any point withi n the City of Carlsbad; and 5. Where base flood elevations are changed due to phvsical alterations: a. Within 6 months of information becomin!'! available or project completion. whichever comes first. the floodplain administrator shall ubmit or assure that U1e permii 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 CLOM R 'sallow constructi on April 7, 2020 Item #9 Page 69 of 144 EXHIBITG 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 authoritv ;eearding the proposed development. .. . · { Deleted: Sf)e<lilied-in-S<,GttM-2-1-+l-0,HO Deleted: The floodplain administrator may approve, conditionally approve or deny a special use pennit required C D · U d D I t f 0th B Fl d D t Wh b fl d I t" dat has ot by this chapter upon the advice of the city engineer . . c::ev1ew •.. ~~ an eve ocimen _Q .•...• ~~ •.• l!~~ ... 9.L .. !l.!L ••• <m ... ~~~ ... C!9 ... ~.<?.Y~.!9!1.._ .. ~ ..... !1 ..........•.• been provided in accordance with Section 2 1.1 10.070, the flo odplain administrator shall obtain, ·· _D_e_le_t_ed_:_(_2)_. _____________ - 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: ..... ··-·················1 Deleted: (3). -------------------(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. ,R9cumentation of Floodplain Dcvelqpment. Obtain and maintain for.public ins_pection and make ........•. -··{ Deleted: (4). available as needed: '-------'--'---------------J (A) The certification required in Section 2 .1 .11 O. I 60(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)(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 21.1 l O. I 80(b), subdivision standards; (F) The certification required in Section 21.110.200(1), floodway encroachments; (G) Tbe infonnation required in Section 21.110.210(6), coastal construction; and (H) The reports required in Section 21. I I0.220(d), rnudtlow standards. F. Jylap Determinations. fy!~t;_i!!~<?.IJ1!~!!1!!9!1.~.'•Yh~!~.'.1.~~~_e.4,.~!Q~.~_e-~~9.l.!99.l!~Ql}.<?f.th~.~Qll'.1.4~!~~.9f.. ... •··{ ___ D_e_le_t_ed_:-'(-'5)_. _____________ J 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 Sectiof\,!1.110.240.pf th is ···-.:::··{ Deleted: s chapter. ··{>-_ -D-e-le_t_e-d:_an_d_2 _1._11_0 __ 2-50-----------< ------------------J G. Remedv Action. Take action.to.remed_y. violations of this chapter as specified in Section 2J . I 10.080 ..... -····{ ___ D_e_le_t_e_d:-'(-'6)_. _____________ - of this chapter. (Ord. CS·l02 § CXXVII, 2010; Ord. NS-39 § 1, 1988) April 7, 2020 Item #9 Page 70 of 144 EXHIBIT 6 1-1. Biennial Report. Complete and submit Biennial Report to FEMA. I. Planning. Assure U1e General Plan is consistent with the fl oodplain management objectives herein. 21.110.160 Standards of construction. In all areas of special flood hazards the following standards are required: (I) Anchoring. (A) All new construction and substantial improvements. including: manufactured homes.,s.~AIL .. •···i Deleted: be anchored to prevent flotation, col lapse or lateral movement of the structure resulting from '-----------------~ hydrodynamic and hydrostatic loads, including the effects of buoyancy. (8) Al l manufactured homes shall meet the anchoring standards of Section 2 1 I J 0.190. (2) Construction Materials and Methods. (A) All new construction and substantial improvements. including manufactured homes,,s.~Al!. ... •···1 Deleted: '------------------' be constructed with materials and utility equipment resistant to flood dan1age for areas below the base flood elevation plus two feet of freeboard•··································-·······-·····-·······{,.___D_e_l_et_e_d_: ·-------------~ (8) Al l new construction and substantial improvements shall be constructed using methods and practices that minirnize flood damage for areas below the base flood elevation plus two feet of freeboard. (C) Al l new construction and substantial improvements. includin!! manufactured homes. shall be constructed with electrical, heating, ventilation, plumbing and air condition ing 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 offlooding. (D) Requ ire within zones AH, AO orVf.. adequate drainage_paths around structures on ........... •···{...__D_e_le_t_ed_:_o ____________ __, 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 t~above the base flood elevation. Nonresidential ........ -···{ structures may meet the standards in subsection (3)(C) of this section. Upon the completion of '-------------------- Deleted: o or U1e 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 Zoue AO and AE •......•. •·· Deleted: or VO >---------------< shall have the lowest floor, including basement, elevated above the highest adjacent grade fl.I'. .... ,.•··· Deleted: at least as rugb as the depth number specified two feet above the base flood elevation. Nonresidential structures may meet the standards _in ..... ··•.• in feet on the FIRM, subsection (3)(C) of this section. Upon completion of the structure the elevation of the lowest ·· .•• ', Deleted: at least floor including basement shall be certified by a registered professional engineer or surveyor, or •,. >--D--el-e-te_d_: -if_n_o_d-ep-th--nu_m_b_cr_i_s_ spc--ci-fie_d __ -----< veri.fied by the city building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator. April 7, 2020 Item #9 Page 71 of 144 EXH IBIT6 (C) In a Zone VE. the lowest hori zontal support member shall be elevated at least two feet above the base flood elevation. Upon completion of the stnic1ure the elevation shall be certified bv a ree.istered professional engineer or survevor or verified bv the citv building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator. ID) In an A {Unnumbered/Approximate A Zone) Zone.\ ithout base flood elevations specified on the FIRM. elevated at least two feet above the base flood elevation. Upon completion of the slructure the elevation shall be certified by a registered professional engineer or survevor or verified bv the citv buildi11g inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator. ill}_ onresidential construction. including substantial improvements.,shall either.be elevated in _ ... ---i Deleted: confom1ance with subsection (3)(A) or (3)(8) 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 impenneable 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 arch itect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator. © .. Requir~, for all new_construction and substantial_improvements. that fully enclosed_areas .. ----··{,._o_el_e_te_d_: o _____________ __, 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 eid1er 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 ofnot 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 pennit the automatic entry and exit of floodwaters; or (ii) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration. (g;) __ Manufactured homes shall also meet the standards_in_Section 21.110.190 ·of this chapter. ___ ... --·{.__o_e_le_t_ed_:_E ____________ __, (H} Gara2es and low cost accessory structures a. Attached g~rages. I. A e.arae.e anached to a residential structure. constructed with the 2arae.e 'floor slab below the base flood elevation must be desil!lled to allow for the automatic entry of flood waters. Areas of the e.arage below the base flood elevation must be constructed wid1 flood resistant materials. April 7, 2020 Item #9 Page 72 of 144 EXHIBIT 6 2. A e:ara!!.e attached to a nonres idential structure must meet the above reguirement, or be drv floodproofed. For 9.uidance on below 2rade parking areas. see FEMA Technical Bulletin TB-6. b. Detached !!ara!!es and accessory strucnires. I. "Accessory strucn1rcs'· used solely for parkin!! (2 car detached garages or smaller) or limited storaee (small. low-cost sheds) mav be constructed such that its floor is below the base tlood elevation provided the structure is designed and constructed in accordance with the followin!! reguirements: a. Use of the accessory structure must be limited to parking or limited stora!!.e: b. The portions of the accessory strncture located below the base flood elevation must be built using flood-resistant materials: c. The accessory structme must be adeguatelv anchored to prevent flotation. collapse and lateral movement: d. Any mechanical and utility equipment in the accesso rv structure must be elevated or floodproofed to or above the ba~e flood elevation plus two feet freeboard: and e. The accessory structure must be desiE1J1ed to allow for Ille automatic entrv of flood waters. (Ord. NS-39 § I, 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 § I, 1988) 21,110.180 Standards for subdivisions. (a) All preliminary subdivision proposals. including proposals for manufactured home parks and subdivisions. !!:Teater than 50 lots or S acres. whichever is less . .shall identify the flood_hazard ··------···{ Deleted: area and the elevation ofthe base flood. ~-----------------~ (b) All final subdivision plans will provide the elevation of proposed structure(s) and pads. 1f 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) Al l 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 dan1age. (e) All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. (Ord. NS-39 § l, l988) April 7, 2020 Item #9 Page 73 of 144 EXHIBIT6 21.110.190 Standards for manufactured homes. A. ,Elevated Above Flood Elevation. All manufactured homes that are placed or substantiallv improved. on sites located: B. I. Outside of a manufactured home park or subdivision: 2. In a new manufactured home park or subdivision: 3. ln an expansion to an existine. manufactured home park or subdivision; or 4. In an existine. manufactured home park or subdivision upon which a manufactured home has incurred "substantial damae.e" as the result of a flood, shall: a. Within Zones Al-30. AH. and AE on the communilv's Flood Insurance Rate Map. be elevated on a pem1anent foundation such that rhe lowest floor of the manufactured home is elevated two feet above the base flood elevation and be securelv fastened to an adeguatelv anchored foundation svstem to resist flotation, collapse. and lateral movement. b. Within Zones Vl-30. V. and VE on the communitv's Flood Insurance Rate Map, meet the reguirements of Section 21.1 l0.2 lO. Elevated Above Flood Elevation or Reinforced Piers. All manufactured homes to be placed or subslantiallv improved on sites in an exist in!!: manufactured home park or subdivision within Zones A 1- 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.l I 0. I 90.A above will be securely fastened to an adeguatelv anchored foundation svstem to resist notation, collapse. and lateral movement. and be elevated so that either the: C. I. Lowest floor of the manufactured home is elevated two feet above the base flood elevation: or 2. Manufactured home chassis is supported bv reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in heie.111 above e.rade. Certification of Proper Elevation. Upon the completion of the structure. the elevation of the lowest floor includine. ba,ement shall be certified bv a reeistered civil ene.ineer or licensed land survevor ru1d verified by the communitv buildine inspector to be properlv elevated. Such certification and verification shall be provided to the Floodplain Administrator. (Ord, NS-39 § I, I 988) Deleted: All new and replacement manufactured homes and additions to manufactured homes shall: (!). Be elevated so that the lowest floor is at or above the base flood elevation; and1 (2). Be securely anchored to a pennanent foundation system to resist flotation. collapse or lateral movement. (Ord. NS-39 § I, 1988)1 April 7, 2020 Item #9 Page 74 of 144 EXH IB/T6 21.110.195 -Standards for Recreational Vehicles. A All recreational vehicles placed in Zones Al-30. AH AE. VI-30 and VE will either: I. Be on the site for fewer than 180 consecutive davs: or 2. Be fullv licensed and ready for highway use. A recreational vehicle is readv for hi2hwav use if it is on its wheels or jacking system, is auached to the site onlv bv 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 ites within Zones V 1-30. V. and VE on the communitv's Flood [nsurance Rate Map will meet the requirements of Section 21.110.195.A and Section 21 .110.210. 21.110.200 Floodways. Located within .tl!£.special flood hazard area established. in Section. 21 .11 0.070 are areas designated as ..•.. ___ ... •{ Deleted: areas of floodways. Since the tloodway 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 flood wav 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 developmenl will not increase the water surface elevation of the base '11ood more than I foot at any point within the City of Carlsbad. (2) Within an ado ted ree:ulat floodwav the ci ohibit encroachments,_includingfill, new ___ .---{ Deleted: p 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 l 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 2 1.110. J 60 through 21.11 0.230 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: (I) 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 feetJ!~9.".~.t~~-~~~J)p_q~_~J~.".~!lQ!', All criticalJac1litics shall be elevated three feet __ _ above the base flood elevation. Deleted: to or Deleted: inrrastruclurc April 7, 2020 Item #9 Page 75 of 144 ·1 EXHIBIT 6 (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 I ine rises as a result of sea level rise. (3) All new constn1ction 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 u eable only for parking of vehicles, building access. or storaee. (4) No new basement. 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 hieh hazard areas. Deleted: Fill shall not be used for structural support of buildings. @ _ ....•. Man made _alterations of sand dunes which. would increase )}otential flood dama_&e. is ....... ____ .. >-0-e-l-et_e_d_: 5---------------< prohibited. (7) .... _. The flood_plain administrator shall obtain and maintain the following_ records: ...............• -····i~_D_e_l_et_e_d_: 6 ______________ ~ (A) Certification by a registered engineer or architect that a proposed structure complies with Section 21.11 0.210(1). (B) The elevation (in relation to mean sea level) of the bottom of the lowest structural member oftbe lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. (Ord. NS-39 § I, 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: (I) 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: (!) 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 dish1rbances; and (4) Drainage, planting, watering and maintenance shall not endanger slope stability. April 7, 2020 Item #9 Page 76 of 144 EXHIBIT 6 (d) When the Federal [nsurnnce Administrator has delineated~~l)e_~ (special mudslide ........• ---··{'--_D_el_e_ted_:_ilh_i_n _____________ _ hazard areal on the Flood Insurance Rate Map, the community shall adopt and enforce a !1.rading ordinance or regulation in accordance with data supplied bv the Federal Insurance Administrator -'!L ...•. -·· least complies with the standards ofhptiendix J -Grading of the most recent amendment of the .......• ---·· 2012,Califomia~l_JMj,:i_g_c;:~~~. Title 24. Part 2, Volume 2! ••...•......•. ·································- (1) Regulates !J!<? _l_q<_;!l-!!<_l_ll__qf .(O_l_lfl.~!l-!iQ!1. !l.'!9. ~1.tj[ i_t:y_ .SY.~!<?l)~§.<_lf.1_1_e_~_qq1_1_s_t.r!J.~~i_q1.1. ~-~ ......•. ···~•·<· substantial improvements; ·-.•• __ (2) Regtil ates I}!<_; _l_q<_;~!!<_lfl.,. ~!.!!i.J!~g_e_ _l!l}~_ n_1?,_i_'!~<?l)!1_1!<_;~. <_l_f)! ! .\:~~.!!~~!j<;>p_s.,_ 9.l!t.s. ~I)~_ !!ll.S.-3!!9 ......... . planted slopes; •• (3) Provides special requirements for protective measures including, but not limited to, retaining walls, buttress fills, subdrains, diverter terraces, benchings, etc.; and Deleted: drainage chapter which Deleted: Section 7001 lhrough 7006 and Sections 7008 through 70 I 5 Deleted: I 982 Deleted: Unifonn Deleted: T Deleted:T ( 4) Requires ~g_i_n_~~f!t:ill.4~~[1)g_s_ -3!!~. ~P.~<?lti.~~!i_~t:i.S. !<_l.~~ _s_u~!!l.i~~<?~. t~_r_ ~.l!.~<_l!!~_C:t)Y.': ...•••.••.... •·{'--_D_e_l_et_e_d_: E _____________ __, measures, accompanied by supporting soils engineering and geology reports. (Ord. NS•39 § I, 1988) 21.110.230 Flood-related erosion-prone areas. (a) The floodplain administrator shall require pem1its 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 aod will not cause flood-related erosion hazards or otherwise aggravate the existing hazard. (c) Ifa proposed improvement is found to be in the path offlood·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 Zpnes AE. AO and YJ;. on the effective Flood Insurance Rate Map, a setback is ______ .•• •·i Deleted: z required for all new development from the ocean, lake, bay, riverfront or other body of water to ·-••• _ii--D-e-1-et_e_d_: E---------------< 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) Deleted: Appeals :'>----..:..:--------------~ , , Deleted: (a). The floodplain administrator shall announce :' _: its decision and findings by resolution to the applicant and : : the resolution shall recite, among olhcr things, lhc facts and // reasons which, in the opinion of the floodplain : : adm.inistrator, make the granting or denial ofa special use :' :' pcrmi~ variance or olher entitlement under this chapter ' , necessary to carry out the provisions and general purposes 21,110.240 Variance& ........................................................................................... :/ of this title and shalJ order that the special use permit, variance or other entitlement be granted or denied, and if A. '·-·········--·······--······· •••.•.•.••..•.............. ···-· .•...•......•..•••••••.•.•.•••••••.•.•.•••...•.•.•.. ' such resolution orders that !he special use permit, variance Variances from the requirements of this chapter may be granted pursuant to the provisions of this section and Chapter 21.50 of this title. or olhcr entitlement be granted, it shall also notice sucb conditions and limiiations as the floodplain administrator may impose.1 (b). The effective date oforder of the floodplain administrator granting or denying a special use permi~ variance or olher cntitlerncnl and lhe metltod for appeal of such order shall be governed by Section 21.54.150 of this code. In passing upon April 7, 2020 Item #9 Page 77 of 144 8. EXHIBIT 6 Subject to the findin!!s specified in Chapter 21.50 and subsection D of this section. variances may be granted for: I. New construction. substantial improvement. and other proposed new development to be erected on a lor of one half acre or jess jn size contiruous to and surrounded bv lots with existing structures constructed below the base flood I vel. As the lot size increases beyond one half acre. the technical justi lication required for is uine. a variance increa es. 2. R~pair or rehabilitation of historic strucntres. as defined in Chapter 21 .1 10.050. upon a determination that the prooosed repair or rehabilitation will not preclude the structure ·s continued desi!!nation 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 makin!! decisions on.r_t:q~~~~~K~~)'.~f~~!l~➔-~~-t:J!eci. ion-m~king_······-,····· Deleted: appeals and authoritY shall consider all technical evaluations, all relevant factors, standards speciiied in other . ·:.::·· >-D-e-le_t_e-d:_&_o,-n-th-c-,e-q-ui-,c-m-c-nts-o-fthi-.s-ch_a_p_te-, ----; sections of this chapter, and: •,. Deleted: city council ( l) 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 thi chapter may be !!ranted unless the decision-makin!! authority finds: I. That the variance is for floodplain management purposes only. 2. Thal there is a showing of good and sufficient cause: April 7, 2020 Item #9 Page 78 of 144 EXHIBIT 6 3. That the variance is the minimum necessary considering the flood hazard to afford relief. a. "Minimum necessarv" as related to this section. means to afford relief "~th a minimum of deviation from the requirements of this chapter. ·or 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 onlv to that elevation which the decision-making authority believes will both provide relief and preserve the intent of this chapter. 4. That the phvsical 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 reque ted variance. Mere economic or financial hardship alone is not exceptional. Inconvenience. aesthetic considerations, phvsical handicaps. personal preferences. or the disapproval of one's neighbors likewise cannot. as a rnle. qualify as an exceptional hardship. All of these problems can be resolved through other means withotit granting a variance even if the alternative is more expensive, or requires the propertv owner to build elsewhere or put the parcel to a different use than originally intended. 5. That the subject property's physical characteristics arc 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 JmDfil, 6. That the grantin2 of a variance will not result in increased flood hei2hts. additional threats ro public safety. or extraordinary public expense, create a nu isance. 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 e:ranting ofa variance·must not result in anythine which is injurious to safety or health of an entire communi ty or neighborhood. or any considerable number of persons. or unlawfully obstructs the free passage or use. in the customarv manner. of any navi2able lake. or river. bav. stream. canal. or basin. b, "Fraud and victimization" as related to this section. means that the variance 2.ranted must not cause fraud on or victimization of the public. ln examining this requirement. the decision-making body shall consider the fact that every newly constructed building adds to eovernment responsibilities and remains a part of the communitv for fifty to one hundred years. Bui ldings that are permitted to be constructed below tbe base ilood elevation are subject durine. nil those years to increased risk of damage from floods. whi le future owners of the propertv and the comm unit v as a whole are subject to all the costs. inconvenience. danger. and Sllffering that those increased flood dama2es bring. In addition. future owners mav April 7, 2020 Item #9 Page 79 of 144 EXHIBIT6 purchase the propertv, unaware that it is subject to potential flood damage. and can be insured onlv at verv high flood insurance rates. 7. If applicable. that the proposed repair or rehabilitation of a historic structure will not preclude the structure's continued desie.nation as an historic stmcture and the variance is the minimum necessary Lo preserve the historic character and design of the structure. E. Variance conditions. The decision-making authoritv mav require conditions to the eranting of variances as it deems necessarv to further the purposes oftl1is chapter. F. G. Applicant otice. I. Pursuant to Title 44 Part 60.6{a)r5) of the Code of Federal Ree.ulations. following the !!Tanting of a variance. the city shall provide written notice to the applicant statine that: a. The issuance of a variance lo constmct a stmcture below the base flood level will result in increased premium rates for flood insurance up to amounts as hieh as $25 for$ I 00 of insurance coverage. and b. Such construction below the base flood level increases risks to life and property. 2. The written notice required bv this subsection shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. 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 § I, 1988) ' '-·-···-·--·-···-....... -....................... ··-·-......... _ ....... -. ---......... ------·----·---···--................ ___ ,.. --------------------. ' ' ' ' l ' ' Deleted: (c). Generally, variances may be issued for new construction and substantial improvements 10 be erected on a lot of one-half acre or less in size contiguous 10 and surrounded by lots with existing structures constructed below the base flood level, providing subsections (b)(l) through (b )( I I) of this section have been fully considered. As the 101 size increases beyond one-ha! f acre, the technical justification required for issuing the variance increases. (d) Upon consideration of the factors of subsection (b) of tliis section and the purposes of th.is chapler, the cily council may attach such conditions to the granting of variances as ii deems necessary 10 further the purposes of this chapter. (e). The floodplain administrator will maintain a record of all variance actions, includingjustificatio.n for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency. 21.110.250 Conditions for variances.,i (a). Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, withoul regard to the procedures set forth in the remainder of this section.~ (b). Variances shall not be issued within any designated floodway if any illcrease in flood levels during the base flood discharge would result. (c). Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, IO afford relief. ( d) . Variances shall only be issued upon: ( 1) . A showing of good and sufficient cause; (2). A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3). A detennination that the granting of a variance will not result in increased flood heights, additional threats to public safely, extraordinary public expense, create nuisances, cause fraud on or victimization of, the public or conflict with existing local laws or chapters. (e). Variances may be issued for new construction and subSlantial improvements and for olher development necessary for the conduct of a functionaUy dependent use; provided, tliat the provisions of subsections (a) through (d) of this section are satisfied and that the structure or other development is protected by methods that minimize Oood damag•s during the base flood and create no additional threats to public safety. (I). Any applicant to whom a variance is granted shall be given written notice over the signature of the communily and economic development director tliat the issuance of a variance to oonstrucl a structure below the base flood level will result in increased premiwn rates for flood insurance up to amounts as high as twenty-five dollars for two hundred dollars of insurance coverage with u,e increased risk resulting from lhe reduced lowest tloor e!eva1ion. A copy of the notice shall be recorded by the floodplain adminislrator in the office of the San Diego Counly recorder and shall be recorded in a manner so that ii appears in the chain of title of the affected parcel of land. April 7, 2020 Item #9 Page 80 of 144 EXHIBIT 7 Item No. 0 Application complete date: n/a P.C. AGENDA OF: December 4, 2019 Project Planner: Melanie Saucier Project Engineer: Jason Geldert SUBJECT: ZCA 2019-0001/LCPA 2019-0004 -FLOODPLAIN MANAGEMENT REGULATIONS ORDINANCE AMENDMENTS -Request for a recommendation to approve a Zone Code Amendment and Local Coastal Program Amendment to update the city's Floodplain Management Regulations Zoning Ordinance to reflect changes in Federal requirements. The city planner has determined that the project is a minor zone code amendment t hat refines or clarifies existing land use standards and would have no significant effect on the environment. Therefore, it 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. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7353 RECOMMENDING APPROVAL of Zone Code Amendment ZCA 2019-0001 and Local Coastal Program Amendment LCPA 2019- 0004, based on the findings contained therein. II. PROJECT DESCRIPTION AND BACKGROUND This project is a city-initiated Zone Code Amendment and Local Coastal Program Amendment to amend the text of the Floodplain Management Regulations Zoning Ordinance (Carlsbad Municipal Code Chapter 21.110). In cooperation with the Federal Emergency Management Agency (FEMA), the city is proposing amendments to the Floodplain Management Ordinance, which governs development in the city's floodplains. 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. Background In order to make flood insurance available to residents and businesses throughout the United States, Congress created the National Flood Insurance Program (NFIP} in 1968, with the government acting as the insurance underwriter. Flood insurance is made available on a community basis once a community has joined the NFIP and agreed to enforce a set of federally-based standard floodplain management regulations through adoption of a local ordinance. The floodplain management ordinance regulates land development wit hin the designated floodplain to minimize the risk of flood damages. The NFIP is placed under the jurisdiction of FEMA and its Flood Insurance Administration (FIA). The city joined t he NFIP on June 3, 1975, and FEMA/FIA issued the first Flood Insurance Rate Map (FIRM) for the city on June 14, 1977. The FIRM designates the flood zone for properties throughout the city and identifies those properties that are within the Special Flood Hazard Area (SFHA). Properties in the SFHA l' •;;' April 7, 2020 Item #9 Page 81 of 144 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 nev-.:/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 accounting 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. April 7, 2020 Item #9 Page 82 of 144 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 reg istered 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 el~vation would be require_d to be elevated two feet above the base flood elevation and critical infrastructure shall be elevated three feet above the base flood elevation. 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. April 7, 2020 Item #9 Page 83 of 144 ZCA 2019-0001/LCPA 2019-0004 -FLOODPLAIN MANAGEMENT REGULATIONS AMENDMENTS Date December 4, 2019 Pa e4 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.l.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 April 7, 2020 Item #9 Page 84 of 144 PLANNING COMMISSION RESOLUTION NO. 7353 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT AND A LOCAL COASTAL PROGRAM AMENDMENT TO ENSURE CONSISTENCY WITH FEDERAL GUIDELINES RELATED TO FLOODPLAIN MANGEMENT REGULATIONS. CASE NAME: AMENDMENTS CASE NO: 0010) FLOODPLAIN MANGEMENT REGULATIONS ZCA 2019-0001/LCPA 2019-0004 (PUB2019- ATTACHMENT 1 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 planner has prepared a Local Coastal Program Amendment, as provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS, the proposed Zone Code Amendment and Local Coastal Program Amendment are consistent with state and federal guidelines and are set forth in the draft City Council Ordinance, Exhibit "1" dated, December 4, 2019, and attached hereto FLOODPLAIN MANGEMENT REGULATIONS AMENDMENTS -ZCA 2019-0001/LCPA 2019-0004; and WHEREAS, California Coastal Commission Regulations require a six-week public review period for any amendment to the local Coastal Program; and WHEREAS, the Planning Commission did on December 4, 2019, hold a duly noticed Public Hearing as prescribed by law to consider said request for a proposed 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, said Commission considered all factors relating to the Zone Code Amendment and local Coastal Program Amendment. April 7, 2020 Item #9 Page 85 of 144 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- April 7, 2020 Item #9 Page 86 of 144 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on December 4, 2019, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CAROLYN LUNA, Chairperson CARLSBAD PLANN ING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7353 -3- April 7, 2020 Item #9 Page 87 of 144 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 November 22, 2019 and ended on January 3,2020;and WHEREAS, on December 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 April 7, 2020 Item #9 Page 88 of 144 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; April 7, 2020 Item #9 Page 89 of 144 (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 stab.le 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 (S) 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. April 7, 2020 Item #9 Page 90 of 144 (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 bu ilding 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. (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 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: April 7, 2020 Item #9 Page 91 of 144 (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 unanticipate~ 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) "Fl<:>odplain 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.11 {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. April 7, 2020 Item #9 Page 92 of 144 {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, 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. (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 ~ational 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, whi.chever 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 April 7, 2020 Item #9 Page 93 of 144 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 April 7, 2020 Item #9 Page 94 of 144 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 pi ling 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 wa lled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. (40) "Substantial damage" rrieans 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 wil l 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 vio'lation 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) April 7, 2020 Item #9 Page 95 of 144 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 t~is 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. T_he 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) April 7, 2020 Item #9 Page 96 of 144 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 21.110.150(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. Administrat ion. 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 appea ls. April 7, 2020 Item #9 Page 97 of 144 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 of the 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; 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 April 7, 2020 Item #9 Page 98 of 144 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 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 fede ral, 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)(0), wet floodproofing standard; (E) The cert ified 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 requ ired in Sect ion 21.110.210(6), coastal construction; and (H) The reports required in Section 21.110.220{d), mudflow standards. April 7, 2020 Item #9 Page 99 of 144 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 specia l 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 freeboard. (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 April 7, 2020 Item #9 Page 100 of 144 registered professiona l engineer or surveyor, or verified by the city building inspector to be properly elevated. Such certification or verification sha ll be provided to the floodplain administrator. (B) New construction and substantial improvement of any structure in Zone AO and AE shal l 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 sha ll 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 sha ll 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)(8) 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 wa t er; (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 April 7, 2020 Item #9 Page 101 of 144 (ii} Be certified to comply with a local floodproofing 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 floodproofed. 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) April 7, 2020 Item #9 Page 102 of 144 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 4. In an existing manufactured home park or subdivision upon which a manufactured home hqs 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 April 7, 2020 Item #9 Page 103 of 144 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 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. April 7, 2020 Item #9 Page 104 of 144 (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 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 permitted in coastal high hazard areas. (6) Manmade 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: April 7, 2020 Item #9 Page 105 of 144 (1) The type and qua lity 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 sha ll 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 (4) Requires engineering drawings an·d 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 April 7, 2020 Item #9 Page 106 of 144 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; (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 April 7, 2020 Item #9 Page 107 of 144 {11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as ~ewer, 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 t_he 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. April 7, 2020 Item #9 Page 108 of 144 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 60.6(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. April 7, 2020 Item #9 Page 109 of 144 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 orice 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: NOES: ABSENT: April 7, 2020 Item #9 Page 110 of 144 APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) April 7, 2020 Item #9 Page 111 of 144 ATTACHMENT 2 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 AMENDMENTS TO CHAPTER 21.110 FLOODPLAIN MANAGEMENT REGULATIONS Chapter 21.110 FLOODPLAIN MANAGEMENT REGULATIONS 21.110.010 Statutory authorization. 21.110.030 Statement of purpose. 21.110.040 Methods ofreducing flood losses. 21.1 10.050 Definitions. 21.110.060 Applicabil ity.Lands to which this chapter applies. 21.110.070 Basis for establishing the areas of .Sspecial f fl ood tlhazard Area. 21.110.080 Compliance. 21.110.090 Abrogation and greater regulations. 21.110.J 00 Interpretation. 21.110 .110 Wanting and disclaimer of liability. 21.110 .120 Severability. 21.110.130 Special use permit. 21 . J 10. I 3 5 Findings for approva:b 21.110.140 Designation of floodplain administrator. 21.110.150 Duties and responsibilities of the floodplain administrator. 21.11 0 .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 Floodways. 21.110.210 Coastal high hazard areas. 21.1 10.220 Mudslide (i.e., mudflow) prone areas. 21.110.230 Flood-related erosion-prone areas. 21 .110 .240 Variances.Appeals. 21.110.250 Conditions for varillfl6e5: 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: April 7, 2020 Item #9 Page 112 of 144 (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 baz.ards 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 intenuptions; (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 f.tnsure that potential buyers are notified that property is in an area of special flood hazard; (8) To f.+nsure 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 § l, 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) April 7, 2020 Item #9 Page 113 of 144 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) ··] -percent-annual-chance flood·· means the flood having one chance in l 00 of being equaled or exceeded in any one-year period (also known as the I 00-year nood or ba e 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. Q~) "Area of shallow flooding" means a designated A,__AO, AH or VfG 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. (1_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). (1) Area 00i13eeial flood HaaH"d. See "Special floes l:iazard 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 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 ]-percent-annual-chance or l 00 one 1:itmdreEl 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 VI-30, VE or V. ( I 0) "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. April 7, 2020 Item #9 Page 114 of 144 (11) · Encroachment' means the advance or infringement of uses. plant growth. fi ll. excavation, buil dings. permanent structures or development into a floodplain which may impede or alter the flow capacity of a noodplain. (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 home are to be affixed (including. at a minimum, the install ation of utilities. the construction of streets and either final site grading or the pouring of concrete pads) was completed before October l I. 1988. ( 13) "Expansion to an existing manufactured home park or subdivision" means the :preparation of additional sites by the construction of facilitie 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). (1 ~) "Flood" or "flooding" means a general and temporary ,::ondition 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; aAcVor (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 suddenJy 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. (122') "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. (1§;) "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. (1 ~~) "Floodplain" or "flood-prone area" means any land area susceptible to bei ng inundated by water from any source. {See definition of flood above)i-Rg. (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+:7) "Floodplain management regulations" means zoning chapters, subdivision regulations, building codes, health regulations, special purpose chapters (such as floodplain chapter, grading chapter and erosion control chapter) and other applications of pol ice 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. April 7, 2020 Item #9 Page 115 of 144 (21 +8) "Flood proofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. (22+9) "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." (2JO) "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 manufact uring facilities. (21+) "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (25) "Historic structure" means any structure that is: I. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily detennined by the Secretarv 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 Secretaiy to qualify as a registered historic distri ct; 3. lndividually listed on a state invento1y of historic places in states with historic preservation programs which have been a_pproved by the Secretasy of Interior: or +.4. Jndividua!!y listed on a local inventory of historic places in communities with historic preservation prom-ams that have been ce1tified either by an approved state program as detennined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. (2~) "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 desig11 requirements, including, but not limited to: (i) The anchoring standards in Section 21.110.1 60(1); (ii) The construction materials and methods standards in Section 2 l .11 0.160(2); (iii) The wet flood proofing standard in Section 21 .110.160(3); and (iv) The standards for utilities in Section 21.11 0.170. (213) "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 April 7, 2020 Item #9 Page 116 of 144 connected to the required utilities. For floodplain management purposes, the term "manufactured home" does nota+se includ park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty consecutive days. (2~4) 'Manufactured home park or subdivision" means a parcel (or contiguous parcels) ofland divided into two or more manufactured home lots for sale or rent. (2.2.S) "Mean sea level" means the average level of he surface of the ocean from which heights such a ele ation may be mea ured based on, for purposes of the National Flood Insurance Program the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum (NA VD) 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 purpo es of FEMA determining National Flood Insurance Program insurance rate . structures for which the "start of construction" commenced on or after the effective date of an initial FlRM or after October 11. 1988. whichever is later. and includes any subsequent improvements to such structures. (3 I) "New manufactured home park or subdivision" mean a manufactured home park or subdivision for, hich the construction of facilities for servicinsr the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of street and either final site grading or the pouring of concrete pads) is completed on or after October 11. 1988. _(26) "New construction" means, for floodplain management purposes. structures f.or whicl:1 the start of co0struction commenced on or after the effective date of a floodplain management regulati-eH--adopted by the cemrnuni-1-y-; (27) 'One l~unared year flood"' or "100 year flood" FReans a floes which has a one percent annual probaeility of being eqHa lled er enceedeEI. It is iaentica:I to the base flood which wil I be the term uses througl~out tllis el~apter. (28) "Person" meam an inaivi01:1:al or his/her agent, firm, partnersllip. a-;sociatien or corporation. or agent of the af.orementionea groups, or this state or its agencies or political sub El ivisions. (32) ''Obstruction" includes. but is not limited to. anv dam. wall. v harf. 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 watercow·se 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 carri d downstrean1. (33) "Recreational vehicle" means a vehicle which is: a. Bui lt on a single chassis b. Four hundred guare feet or less when mea ured at the largest horizontal projection c. Designed to be self-propelled or permanently towable by a light-duty truck: and April 7, 2020 Item #9 Page 117 of 144 d. Designed primarilv not for use as a permanent d\ elling but as temporary living quarters for recreational. camping, travel. or seasonal use. Jm) "Remedy a violation" means to bring the structure or other development into compliance with state or locaJ -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 futw·e similar violations, or reducin state or federal financial exposure with regard to the structure or other development. (3_::_()) "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. (3§-J-) "Sand dunes" means naturally occurring accumulations of sand i11 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. ARIA 1-30. AR/AE. AR/AO. AR/AH. AR/A. VO. Vl-30. VE. and V.zone A, AO, Al 30, AE, A99 AH, VO, VI 3Q, VE or V. (3~J) ''Start of construction" means and includes substantial improvement, and means the date the building permit w_as 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 dweUlng units or not part of the main structure. For a substantial improvement. the actual start of construction mean the first alteration of any wall. ceiling, floor. or other structuraJ prut 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. "stru1 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. (3.2.4) "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" mean damage of any origin sustained by a structure whereby the cost of re taring the structure to it before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occu1Ted. April 7, 2020 Item #9 Page 118 of 144 (1.1~) "Sub_stantial 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 tenn includes structures, which have incurred "substantial damage," regardless of the actual repair work perfom1ed. 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." 42:3-6) "Variance" means a grant of relief from the requirements of this chapter which permits constructiori in a manner that would otherwise be prohibited by this chapter. 43;:7) "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.Lands te ·.nhich this chapter applies. This chapter shall apply to all areas of special flood hazard areas, areas of flood-related erosion hazards, afl&-areas of mudslide (i.e., mudflow) hazards and any areas identified by the city subject to a 1-percent- annual-chance-flood withi n 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 thls 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 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. Th~ffi 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 oftbe 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 April 7, 2020 Item #9 Page 119 of 144 chapter shall prevent the city from taking such lawful action as is necessary to prevent, enjoin or remedy any violation. (Ord. NS-39 § l , 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 § l , 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 marunade 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., mud.flow) 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. S-39 § 1, 1988) 21.110.120 se-..erability. This chapter and the •1ario1:1s parts thereof are declared to be severable. Should any section of this chapter be declared by the courts to be 1:1nconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or clfl)' portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. l>JS 39 § I. 19&&) 21.110.130 Special use permit. A. Special Use Permit Required. A special use permit shall be obtained in addition to any other required pennits or entitlements before construction or development begins within any area4 special flood hazard areas, areas of flood-related erosion hazards or areas of mudslide (i.e., mudflow) hazards established in Section 21 .1 I 0.070. April 7, 2020 Item #9 Page 120 of 144 I. Exception. The maintenance. repair or replacement of existing previously-pennitted 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. 8 . 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: l . Applications and fees, 2. Decision making authoritv. 3. Expiration, extensions. and amendments C. Special application requirement . An application for a special use permit shall: I. The filing fees for a special use permit shall be in an aH1ount as the city council may by resoh:1tion establish. Applications for a special use pem1it shall be made on fonns furnished by the city planner and may include, but not be Jimited to Be accompanied by plans in dupl ieate dra·un 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 loea-tion of the foregoinall other materials as s ecified b the ci tanner . Specifically, the following information is requiredmust be provided: a. EB-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 floodproofed; c. fJ+-All appropriate certifications listed in Section 2 1.110.150(0) 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§1-Envfroomental impact assessment (one copy only); and L_E6)-Environmental impact report,_ (twenty eopies) if required: and f:.g. Certification by a registered professional engineer/architect that al l 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 Cha ters 2 1.54.060 and 21.54.061 includin the followin : l. otices and hearings, 2. Announcement of decision. 3. Effective date and appeals. April 7, 2020 Item #9 Page 121 of 144 21.110.135 .!i__Findings for approval of a Special Use Permit. (a) A special use permit required by th.is chapter may be approved or conditionally approved by the city planner, upon the advice of the floodplain adm ini trator 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 conveypass or handle a base flood of a I-percent-annual-chance tlood+o0 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 P+nnning 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 Revie, Aulhorit-y. The floodplain admini trator shall review all development permits to determine: 1. The permit requirements of this chapter have been satisfied. including determination of substantial improv ment and substantial damage of existing, structures; 2. All other required state and federal permits have been obtained: 3. The site is reasonably safe from flood ing: April 7, 2020 Item #9 Page 122 of 144 4. The proposed development does not adversely affect the carrying capacity of areas, here base flood elevations have been determined but a flood, ay has not been designated. Thi means that the cumulative effect oftbe proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than I 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 come first. the floodplain admini trator hall submit or assure that the permit applicant submit technical or scientific data to FEMA for a Letter of Map Revision (LOMR). b. All etters of Map Revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building P rm its must not be i sued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR allow constrnction 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-rnakjng authority specified in Section 21.110.1 SO regarding the proposed development. The floodplain administrator may a13pro\•e, conditionally approve or den3/ a special use permit required by t:his ekapter upo!'l tlie adviee of the city eflgineer. ~.,_J~t-Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 21.1 I0.070, 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. B-,D. (3) otification 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:-E. (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; April 7, 2020 Item #9 Page 123 of 144 (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 21.11 O. l 80(b ), subdivision standards; (F) The certification required in Section 21.110.200(1), flood way encroachments; (G) The information required in Section 21. t 10.210(6), coastal construction; and (H) The reports required in Section 21.110.220(d), mudtlow standards. L~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 oppottunity to appeal the interpretation as provided in Sections 21.110.240 and 21.110 .250 of this chapter. Q,_(e-rRemedy Action. Take action to remedy violations of this chapter as specified in Section 21.110.080 ofthis chapter. (Ord. CS-102 § CXXVJI, 2010; Ord. NS-39 § 1, 1988) H. Biennial Report. Complete and submit Biennial Report to FEMA. 0:-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 area below the base flood elevation plus two feet of freeboard.7 (B) AU new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage for areas below the base nood elevation plus two feet of freeboard. (C) AU 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 floodirig. April 7, 2020 Item #9 Page 124 of 144 (D) Require within zones AH, AO or V~, 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--Bf 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 & l/--G shall have the lowest floor, including basement, elevated above the highest adjacent grade ot least as high as the depth number specified in feet on the f lRM. or at least two feet above the base flood elevation. if 110 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 hori zontal support member shall be elevated at least two feet above the base flood elevation. Upon completion of the structure the elevation shall be ce1tified by a registered professional ene:ineer or urveyor 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 eleva1ions specified on the FlRM. elevated at least two feet above the base flood elevation. pon . 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 certification or verification shall be provided to the floodplain administrator. @ 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 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. April 7, 2020 Item #9 Page 125 of 144 FE)) 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 floodproofing standard approved by the Federal Insurance Adminjstration. (QB) Manufactured homes shall also meet the standards in Section 21.1 10.190 ofthls chapter. (H) Garages and low cost accessory structures a. Attached e:arages. I . 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. Area of the garage below the base flood ele ation must be constructed with flood resi tant materials. 2. A garage attached to a nonresidential structure must meet the above requirements or be dry f!oodproofi d. For guidance on below Errade parking areas, see FEMA Technical Bulletin TB-6. b. Detached garages and accessoiy structures. 1. "Accessor structures· used solely for parking (2 car detached garages or smal ler) 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 lim ited storage; b. The portions of the accessory structure located below the base flood elevation mu t be built using flood-resistant materials: c. The accessory structure must be adequately anchored to prevent flotation, coUapse and lateral movement: d. Any mechanical and utility equipment in the accessorv structure must be elevated or flood roofed to or above the base flood elevation lu two feet freeboard: and e. The accessory structure must be designed to allow fo r the automatic entry of flood waters. (Ord. NS-39 § l, 1988) 21.110.170 Standards for utilities. April 7, 2020 Item #9 Page 126 of 144 (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 manufactw·ed 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. [f 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 § l, 1988) 21.110.190 Standards for manufactured homes. All new and replacement manufacture~ homes and additions to manufactured homes shall: (I) Be elevated so that the lov,,est floor is at or aboYe the base flood elevation; and (2) Be securely anchored to a permanent foundation system to resist flotation. collapse or lateral ,novement. (Ord. ~JS 39 § 1, l 988) 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. ln a new manufactured home park or subdivision: 3. ln a11 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 "substantjal 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 home is elevated two feet above the base flood elevation and be securely fastened to April 7, 2020 Item #9 Page 127 of 144 B. an adequately_anchored foundation system to resist flotation, collapse. and lateral movement. b. Within Zones V 1-30. V. and VE on the community's Flood Insurance Rate Map, meet the requirements of Section 21.110.2 l 0. E levated 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 A 1- 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 ecurely fastened to an adequately anchored foundation system to resist flotation. collapse, and lateral movement, and be elevated o that either the: l . Lowest floor of the manufactured home is elevated two feet above the base flood elevation; or 2. Manufactured home chassis is supported bv 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 Pro er Elevation. U on the com letion of the structure. the elevation of the lowest floor including basement shall be ce1tified by a registered civil engineer or licensed land surveyor and verified by the community building inspector to be properly elevated. Such certification and verification shal l be provided to the Floodplain Administrator. (Ord. NS-39 § I. 1988) 21.110.195 -Standards for Recreational Vehicles. A. All recreational ehicles placed in Zones Al-30. AH, AE. Vl-30 and VE will either: 1. B 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 h.ighway use if it is on its wheels or jacking ystem. is attached to the site only by quick disconnect type utilities and security devices. a1~d has no permanently attached additions; or 3. Meet the pem1it requirements of Section 21 .1 J 0.130 of this ordinance and the elevation and anchoring requirements for manufactured homes in Section 21 .110.190. A:B. Recreational vehicles placed on sites within Zones Vl-30. V, and VE on the community's Flood Insurance Rate Map will m eel the reg uirements of Section 21 . I I O. 19 5 .A and Section 21 . 110 .21 0. 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 floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: April 7, 2020 Item #9 Page 128 of 144 (]) Until a regulatorv floodway i adopted in Zone A Areas, no new construction. ub tantial development. or other development (in luding fiU) shall be permitted within Zones A 1-30 and AE. un less it i demonstrated that the cumulative effect of the proposed development. when combined with all other development., ill not increase the water urface elevation of the base flood mor than I foot at any point within the City of Carlsbad. (2) Within an adopted regulatory floodwav. the city hall [)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 21.1 10.160 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 2 1.110.070, 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---&-above the base flood elevation. All critical infrastructure shall be elevated tlu·ee 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 Progran1 as the mean high tide Line ri es 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) o new basements. expan ion of existing ba ements. or improvements to exi ting basements shall be allowed in the AE or VE zones. {5) o fill shall be permitted in coastal high hazard areas. fill shall AOt be used fer struetural su13port of buildi1~gs. 6~) Manmade alterations of sand dunes which would increase potential flood damage is prohibited. (1.e) 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 § I 1988) April 7, 2020 Item #9 Page 129 of 144 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 ma.Ici ng 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) Wh n the ·Federal lnsurancc Administrator has delineated~ zone M (special mudslide hazard area) on the Flood Insurance Rate Map, the communi ty 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 700 I tl~rough 700e and Sections 7008 through 7015A.ppendix J -Grading of the most recent amendment of the 20 I 9-l--98a CalifomiaUnifom1 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 requirement for protective measures including, but not limited to, retaining wall s, buttress fills, subdrains, diverter terraces, benchings, etc.; and (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) 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. April 7, 2020 Item #9 Page 130 of 144 (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 fmmd to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shaU be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard. (d) Within _Zi!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 tlood-rel!¼ted 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 proYisions and general purposes of this title and shall ot=der that the special use pennit. i,•arianee or other entitlernent be granted or denied and if such resolution orders that the special use permit, '1ariance or other entitlement be granted, it shall also n:etice such conditions and limitations as the floodplaiA admiAistrator ma~' impose. (e) The effeeti>i1e date of order of the floodplain administrator grm:iting or deAying a special use permit variance or other entitlement and the method for appeal of such order shall ee governed by Section 21 .54 .150 of this eode. In passing upon Variances from the requirements of this chapter may be granted pur uant to the provisions of this section and Chapter 21.50 of this title. Subject to the find ings 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 existine. 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 7, 2020 Item #9 Page 131 of 144 C. Variance considerations. When making decisions on appeals and requests for variances frOi'fl tl~e requirements of this chapter, the city 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 ofothers; (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 prope1ty 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 findin gs. ln addition to the findings specified in Chapter 21 .50. no variance from the requirements of this chapter may be granted un les the decision-making authoritv finds: 1. That the variance i for floodplain management purposes only. 2. That there is a showing of good and sufficient cause: 3. That the variance is the minimum nece sary con idering 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 wi ll both provide relief and preserve the intent of this chapter. 4. That the physical characteristics of the subject prope1ty are so unusual that complying with the re uirernents of this ordinance would create an exce tional hard hi to the a licant. April 7, 2020 Item #9 Page 132 of 144 a. "Hardship" as related to this section, mean 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 hard hip. 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 it elf, not to the structure. it 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 ne ighborhood, or any considerable number of persons. or unla\ fully 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 everv 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 ba e 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 lo all the costs. inconvenience, danger. and suffering that those increased flood damages bring. In addition. future o, ners may purchase the propertv. unaware that it is subject to potential flood damage. and can be insured only at very high flood in urance rates. 7. Jf applicable, that the propo ed 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 pre erve 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 necessarv to further the purposes of this chapter. F. Applicant otice. April 7, 2020 Item #9 Page 133 of 144 1. Pm uant 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 belm: 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. uch construction below the base flood level increases ri sks to life and property. 2. The written notice required by this subsection shall be recorded in a man ner o that it appears in the chain of title of the affected parcel of land. G. Record of Va riances. The Floodplain Administrator shall maintain a record of all variances. including justification for their issuance. and report such variance in its biennial report submitted to FEMA. (Ord. NS-675 § 72. 2003: Ord. NS-664 § 4. 2003 ; Ord. N -39 § I, 1988) (c) Genera,11)', 1,•arianees may be issued for new eonstruetion ans substantial i1Tlf>F0¥0A1ents to be ereeted on a lot of one half acre or less in size eoAtiguous to and surrouAdee b)' lots witl9 e1dsting structures construetes below tl=te base flood le.,•el. proi,•ia iRg s1c1bsections (e)( I) tl~fOllgh (e)( 11) of this seetion ha'>'e eeen fully eonsidered. As the tor sii"e i,rnreases ee)'Ond OBe J:ialf acre, the teel~nieaJ justification reqMired for issb1ing the i,•arianee inereases. (d) Upon consideration of the factors of subseetion (b) of this section and the pHrposes of this eha-f)rer,the city counci I may attach Stich conditions lo the granting of ·,·ariances as il deems necessary to further the purposes of lh-is chapter. (e) The floodplaiA administrator will maintain a record of all variance actions including jMstification for their issuance, and report such variances issMed in its eiennial report subA1itted to the Federal Insurance AdA1inistration Federal Emergency ManageA1ent Agency. 21.110.250 Cenditions for ·.·arianees. (a) Variances may be issued for the reconslruction rehabilitation or restoration of strnctures listed in the ~,ational Register of Historic Places or the State ln\'entory of Historic Plaees, witholit regara to the procedlires set forth in the remainaer of tl,is seetion. (e) Variances shall not ee issued within any designated floodway if any increase in flood levels dtiring the ease flood diseharge wo1:1ld result (e) Varianees shall only ee issued upon a determination that the variance is the mininrnm necessary considering the flood hazard , to affur-Ei-fe.ttef (dJ (1) Variances shall only be issued upon: A showing of good and slifficient cause; (2) A eetennination that faih,ire to grant the '>'ariance would result in exceptional hardship to the applicant; and April 7, 2020 Item #9 Page 134 of 144 (3) A determination that the graming or a •,1ariance will not resull in increased Aoed h-eight-s-. ae4i,t,iona+4hreaH.-H~-f3-M-Btte-sa-fety. ehtraordinai'y-~~ense, e-reate-m»sanees, oalise-fmH~f vi-c-t+m-imt-i-en---&f,t-h~-i-e-ar-oonfl.wl:-~i-st+~ws-e . ~-s . (e) V1:1rianoes may ae issuee--foH1ew-constr,i,1etion ans s1:t0st1mtial iFHprovements ans for other development necessary for the eonduct ofa functionally dependent use; provided-. ti~ f}re-visiens of subseetieAs (a) thro1,1gh (El) of this seetion are satisfied ana that the structure or other developmeHt~s prek!£~oot-fitinimi:ce Aooa aoo1ages allfing tke-1:wse tleoa et14-ereate ft&i!-adi-t-iena-l-tttrealS-te-pi.10-lic safety. (()Any ap13licant lo whom a VaFiafl:ce is grantee sha:11 he giYen wFitlen-flotice o¥er the sigRatuFe-e+ fAe-€&mm1uiity am~ eeonom+c Elevelof}n:ient Eli rector that the issuanee of a 11ariance to construet a ~fle-98.<;e fleoa le¥Cl--will reslil,t iR iRcreased f}rernium rates for tleod i1:ist1rance up lo amounts-as hi~1 as twenty fi¥e dollars for two hundrea dollars of iHstiranee eo¥erage with the ittcreasi:d risk resulting from the-reduced lowest floor ele·i1atioA. A copy of the-notice shall be reeerdeEI 9)'-tl~e tlo~laiA-aeffiinist-fa½er iR-the offioe o[ lhe-San Dil:!go County recorder and shall-be fet-e-roed-ifH.H'FHtA AeH-e-+»m-iH.wear-s-i•R ~ t~,e. o f.the--a ffeete4-j)arnel-ef-.land-: April 7, 2020 Item #9 Page 135 of 144 C Ul)'O/ Er.d,1:'lm: L_l ! i i -·------ \ ! \ ____ J'L __ J ATTACHMENT 3 Potential Flood Hazards ~ 1% Annual Chance Comal Flood Zone (I00Yea< Flood . High Risk Comal Areas) a !'%Annual Chance Flood Zone (I00Ycar Flood. High RiskAre,s) == Highways = Major Street = = = =:: Plat'lned Street F\>llroad EB ,.s SOOACRES 100 ACm Hlu Souru:.Clty(JfC.rhkd,, 2013:FENA.lOll;.SANOA.G, N il: ~ & Bhatia.'201.3. April 7, 2020 Item #9 Page 136 of 144 Exhibit 8 PLANNING COMMISSION RESOLUTION NO. 7353 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZO~E CODE AMENDMENT AND A LOCAL COASTAL PROGRAM AMENDMENT TO ENSURE CONSISTENCY WITH FEDERAL GUIDELINES RELATED TO FLOODPLAIN MANGEMENT REGULATIONS. CASE NAME: FLOODPLAIN MANGEMENT REGULATIONS AMENDMENTS CASE NO: ZCA 2019-0001/LCPA 2019-0004 {PUB2019- 0010) 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 mal')agement regulations; and WHEREAS, the city planner has prepared a Local Coastal Program Amendment, as provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS, the proposed Zone Code Amendment and Local Coastal Program Amendment are consistent with state and federal guidelines and are set forth in the draft City Council Ordinance, Exhibit "1" dated, December 4, 2019, and attached hereto FLOODPLAIN MANGEMENT REGULATIONS AMENDMENTS -ZCA 2019-0001/LCPA 2019-0004; and WHEREAS, California Coastal Commission Regulations require a six-week public review period_ for any amendment to the Local Coastal Program; and WHEREAS, the Planning Commission did on December 4, 2019, hold a duly noticed Public Hearing as prescribed by law to consider said request for a proposed 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, said Commission considered all factors relating to the Zone Code Amendment and Local Coastal Program Amendment. April 7, 2020 Item #9 Page 137 of 144 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 (PUBZ019-0010), 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- April 7, 2020 Item #9 Page 138 of 144 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on December 4, 2019, by the following vote, to wit: AYES: Commissioners Anderson, Geidner, Lafferty, Meenes, Merz and Stine NOES: ABSENT: Chair Luna ABSTAIN: ROY MEENES, Vice-Chair erson CARLSBAD PLANNING MMISSION · ATTEST: DON NEU City Planner PC RESO NO. 7353 -3- April 7, 2020 Item #9 Page 139 of 144 PL ANN I NG COMMISSION Minutes Dec. 4, 2019 CALL TO ORDER: 6p.m. Exhibit 9 City Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 ROLL CALL: Anderson, Geidner, Lafferty, Meenes, Merz, and Stine Luna absent PLEDGE OF ALLEGIANCE: Commissioner Anderson led the Pledge of Allegiance APPROVAL OF MINUTES: Motion by Commissioner Anderson, seconded by Commissioner Stine, to approve the Nov. 20, 2019 minutes, 6/0/1 (Luna absent.) PLANNING COMMISSION PUBLIC HEARING: Vice Chair Meenes directed everyone's attention to the slide on the screen to review the procedures the Commission would be following for that evening's public hearing. Vice Chair Meenes opened the public hearing for Item 1. 1. CDP 2019-0009 (DEV2019-0057) -AKIN RESIDENCE -Request for approval of a Coastal Development Permit for the demolition of a 2,494-square-foot, two-story, single-family residence with an attached two-car garage and the construction of a 3,415-square-foot, two-story single- family residence with an attached two-car garage within the Mello II Segment of the Local Coastal Program located at 5290 Carlsbad Boulevard within local Facilities Management Zone 3. The project site is not within the appealable area of the California Coastal Commission. The City Planner has determined that the project bel~:mgs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303(a), construction of a single-family residence, of the state CEQA Guidelines. City Planner Neu introduced Agenda Item 1 and stated Associate Planner Harker would make the staff presentation (on file in the Planning Division). DISCLOSURES: Commissioner Lafferty, Merz, and Meenes disclosed they drove by the site. Commissioner Geidner disclosed she walked by the site. Vice Chair Meenes asked if there were any members of the public who wished to speak on the project. He opened public testimony at 6:16 p.m. Toni Mackenzie, property owner to the north of the project, is concerned that if the crosswalk is moved as part of a city-initiated project, it w/11 be in front of her house and will take away parking and impact her view. She is also concerned that the new home will block her view to the south. April 7, 2020 Item #9 Page 140 of 144 Planning Commission Minutes Dec.4,2019 Page 2 Vice Chair Meenes asked if there were additional members of the public who wished to speak on the project. Seeing none, he closed public testimony at 6:19 p.m. Motion by Commissioner Stine, seconded by Commissioner Merz, to adopt Resolution No. 7352. Motion carried, 6/0/1 (Luna absent.) 2. ZCA 2019-0001/LCPA 2019-0004 -FLOODPLAIN MANAGEMENT REGULATIONS ORDINANCE AMENDMENTS • Request for a recommendation to approve a Zone Code Amendment and Local Coastal Program Amendment to update the city's Floodplain Management Regulations Zoning Ordinance to reflect changes in Federal requirements. 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, it 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. City Planner Neu introduced Agenda Item 2 and stated Engineering Manager Geldert would make the staff presentation (on file in the Planning Division). Motion by Commissioner Anderson, seconded by Commissioner Merz, to adopt Resolution No. 7353. Motion carried, 6/0/1 (Luna absent.) PLANNING COMMISSION REPORTS COMMENTS: Commissioner Geidner disclosed she met with a resident, Lance Schulte, and they visited the Ponto Beach location. Motion by Commissioner Geidner to add discussion about the Local Coastal Program Land Use Update to the next agenda. City Planner Neu stated discussing the item may cause confusion that public hearings are occurring prior to the close of the public review period. Motion by Commissioner Geidner was not seconded, motion died. Commissioner Lafferty provided an update from the Historic Preservation Commission, where she serves as an ex-officio member. CITY PLANNER REPORTS: None CITY ATTORNEY REPORTS: None ADJOURNMENT: Vice Chair Meenes adjourned the duly noticed meeting at 7:11 p.m. Meiissa Flores -Minutes Clerk April 7, 2020 Item #9 Page 141 of 144 EXHIBIT10 { City of Carlsbad March 9, 2020 To: Municipal Code and City Council Policy Update Subcommittee From: Jason Geldert, Engineering Manager Via Gary Barberio, Deputy City Manager Jeff Murphy, Community Development Director Re: Additional Materials Related to the Floodplain Management Regulations Update On February 19, 2020, Community Development Department staff responded to questions and provided information to you regarding the proposed changes to the City's Floodplain Management Regulations. This update is needed to ensure consistency with Federal guidelines and safeguard the ability for property owners affected by flood to be eligible for FEMA insurance. During the meeting, questions were raised regarding the duties and responsibilities of the Floodplain Administrator and how they may conflict with the role of the decision-maker. Staff agreed that the section in question was unclear and proposed to amend the provision as follows: 21.110.150 Duties and responsibilities of the floodplain administrator. B. Advise Decision-Making Authority. The floodplain administrator shall advise the decision-making authority specified in Section 21 .110 .150 regarding the proposed development. Staff was also directed to further research how other jurisdictions define "Critical Infrastructure" as used in t he proposed ordinance and return with recommendations . Staff researched the FEMA regulations recently adopted by several San Diego County coastal cities 1 and learned that none of them define the term "Critical infrastructure." In fact, it appears that the jurisdictions elected not to adopt the "Critical infrastructure" provisions recommended by FEMA for Coastal High Hazard Areas . While FEMA does not define t he term, they do provide a description of the intent or purpose of a "critical facility." The description, which is attached, describes such facilities or 1 Cities of Encinitas, Oceanside, Solana Beach, Del Mar, Chula Vista, and San Diego April 7, 2020 Item #9 Page 142 of 144 Update Sub-Committee: FEMA Flood Regulations March 9, 2020 Page 2 EXHIBITlO infrastructure as being vital to the continued delivery of key city service, or that may significantly affect the city's ability to recover from a disaster. The examples that are provided include hospitals, fire stations, police stations, storage of critical records, and other similar facilities. Based on this description, critical infrastructure under the FEMA regulations are intended to address vital and essential city or community serving facilities as opposed to critical infrastructure necessary to run a city effectively and efficiently so not to disrupt quality of life for residents and businesses (i.e., Carlsbad Boulevard). This may be the reason why the other jurisdictions did not adopt the additive FEMA language --the cities did not have any facilities meeting this definition in their respective mapped floodways. Based on the information above, staff offers three options to address this matter. Option 1 is to delete the critical infrastructure provision from the Coasta l High Hazard Areas since it was only a FEMA recommendation. This change would make us consistent with our neighboring cities. The new language is provided below. 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 to two feet above the base flood elevation. All critical infrastructure shall be elevated three feet above the base flood elevation . Option 2 is to develop a definition pulling from FE~A's description. The new language is provided below. 21.110.050 Defi nit ions. "Critical infrastructure" means those city or community servicing facilities that are vital to the co ntinued delivery of key cit y service, or that may significantly affect the cit y'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. April 7, 2020 Item #9 Page 143 of 144 Update Sub-Committee: FEMA Flood Regulations March 9, 2020 Page 3 EXHIBITlO Option 3 (Staff recommended) is a hybrid of the two previous options where we change the term "infrastructure" to "facilities" to better capture the intent of FEMA's aforementioned description. 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 co lumns) is elevated to two feet above the base flood elevation. All critical infrastF1:Jcture facilities shall be elevated three feet above the base flood elevation. 21.110.050 Definitions. " Critical Facility" means those city or community servicing facilities that are vital to t he continued delivery of key city service, or that may significantly affect the city's ability to recover from the disaster. These facilities include schools (host ing shelters}, and buildings such as jails, law enforcement centers, and public services buildings. cc: Scott Chadwick, City Manager Cindie McMahon, Assistant City Attorney April 7, 2020 Item #9 Page 144 of 144 FEMA Critical Facility The purpose of this page is to define critical facilities, a commonly used term in floodplain management. > Expand All Sections V . Definition/Description For some activities and facilities, even a slight chance of flooding is too great a threat. Typical critical facilities include hospitals, fire stations, police stations, storage of critical records, and similar facilities. These facilities should be given special consideration when formulating regulatory alternatives and floodplain management plans. A critical facility should not be located in a floodplain if at all possible. If a critical facility must be located in a floodplain it should be provided a higher level of protection so that it can continue to function and provide services after the flood. Communities should develop emergency plans to continue to provide these services during the flood. Under Executive Order 11988, Floodplain Management, Federal agencies funding and/or permitting critical facilities are required to avoid the 0.2 percent (500-year) floodplain or protect the facilities to the 0.2 percent chance flood level. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a Public Hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, February 11, 2020 to consider amendments to the Zoning Ordinance ZCA 2019-0001/LCPA 2019-0004 to update the city's Floodplain Management Regulations Zoning Ordinance and more particularly described as: AN ORDINANCE APPROVING AN AMENDMENT TO THE ZONING ORDINANCE ZCA 2019- 0001 AND 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 ZONING ORDINANCE TO ENSURE CONSISTENT WITH FEDERAL REQUIREMENTS, AS RECOMMENDED FOR APPROVAL BY THE PLANNING COMMISSION. Whereas, on December 4, 2019, the City of Carlsbad Planning Commission voted 6-0-1, with Commissioner Luna absent, to recommend approval of the Zoning Ordinance Amendment and Local Coastal Program Amendment. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after February 6, 2020. If you have any questions, please contact Melanie Saucier in the Planning Division at 760-602-4605 or melanie.saucier@carlsbadca.gov. If you challenge the Zoning Ordinance Amendment or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CASE NAME: PUBLISH: ZCA 2019-0001/LCPA 2019-0004 (PUB2019-0010) FLOODPLAIN MANAGEMENT REGULATIONS AMENDMENTS January 31, 2020 CITY OF CARLSBAD CITY COUNCIL ' : sipeqe6/eYAJaAe ~ za11v AXELSON & CORN ATTORNEYS AT LAW SUITE 201 160 CHESTERFIELD DRIVE ENCINITAS CA 92007 CA COASTAL COMMISSION SUITE 103 7575 METROPOLITAN DRIVE SAN DIEGO CA 92108 CHANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DRIVE VENTURA CA 93001 COUNTY OF SD SUPERVISOR ROOM 335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF HOUSING & URBAN DEV REGION IX ENVIRONMENTAL OFFICER 300 North Los Angeles Street Suite 4054 LOS ANGELES CA 90012 FEDERAL ENERGY REGULATORY COMMISSION SUITE 2300 100 1ST STREET SAN FRANCISCO CA 94105-3084 EDWIN ROMERO, CHAIRPERSON 1095 BARONA ROAD LAKESIDE CA 92040 SD COUNTY PLANNING & LAND USE DEPT SUITE 310 5510 OVERLAND AVENUE SAN DIEGO CA 921231239 US ARMY CORPS OF ENGINEER SUITE 1101 915 WILSHIRE BOULEVARD LOS ANGELES CA 90017 U.S. BUREAU OF RECLAMATION SOUTHERN CALIFORNIA AREA OFFICE (SCAO) SUITE A 27226 VIA INDUSTRIA, TEMECULA CA 92590 I~-~ •-r~'--1 _ -a ~t : saie1awa:/ LuOTAJat,e o:i. os BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 CA DEPT OF FISH & WILDLIFE ATTN CHRISTINE BECK 3883 RUFFIN ROAD SAN DIEGO CA 92123 CITY OF ENCINITAS 505 S VULCAN AVENUE ENCINITAS CA 92024 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES ROOM 100 1220 N STREET SACRAMENTO CA 95814 DEPT OF JUSTICE DEPT OF A TTY GEN SUITE 1800 600 WEST BROADWAY SAN DIEGO CA 92101 MARINE RESOURCES REG DR & G ENV SERVICES SPR SUITE J 4665 LAMPSON AVENUE LOS ALAMITOS CA 90720-5139 SAN FRANCISCO BAY CONS ERV &DEV COM SUITE 10600 455 GOLDEN GATE AVENUE SAN FRANCISCO CA 94102-7019 SDGE 8315 CENTURY PARK COURT SAN DIEGO CA 92123 US ARMY CORPS OF ENGINEERS REGULATORY DIVISION SUITE 100 ' 5900 LA PLACE COURT CARLSBAD CA 92008 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY , SUITE W-2605 SACRAMENTO CA 95825 I S)ua)ed /WO:) I\J,MC ')ed I BUSINESS, TRANS & HSG AGENCY UNIT#350B 915 CAPITOL MALL SACRAMENTO CA 95814-4801 CA DEPT OF TRANSPORTATION DISTRICT 11 DIVISION OF PLANNING/DEVELOPMENT REVIEW 4050 TAYLOR STREET, MS-240 SAN DIEGO CA 92110 COAST AL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 DEPT OF FORESTRY ENVCOQRD PO BOX 944246 SACRAMENTO CA 94244-2460 FEDERAL AVIATION ADMINISTRATION WESTERN-PACIFIC REGION HEADQUARTERS, AWP-9 P.O. BOX 92007 LOS ANGELES CA 90009-2002 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX 3044 SACRAMENTO CA 95812-3044 SANDAG EXECUTIVE DIRECTOR SUITE 800 1ST INTERNATIONAL PLAZA 401 B STREET SAN DIEGO CA 92101 STATE LANDS COMMISSION SUITE 1005 100 HOWE AVENUE SACRAMENTO CA 95825-8202 US BUREAU OF LAND MGMT SUITE ROOM W 2800 COTTAGE WAY SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 G STREET DAVIS CA 95606 : 09LS A.~3AV' I t (: '! 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