Carlsbad City Zoning Code
CHAPTER 21
110 FLOODPLAIN MANAGEMENT REGULATIONS
§ 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;
(3)
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4)
To minimize prolonged business interruptions;
(5)
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(6)
To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;
(7)
To insure that potential buyers are notified that property is in an area of special flood hazard;
(8)
To insure that those who occupy the areas of special flood hazard assume responsibility for their actions; and
(9)
Recognize floodplain areas as potential open space resources and encourage compatible open space uses wherever possible.
(Ord. NS-39 § 1, 1988; Ord. CS-102 § CXXIII, 2010)
§ 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:
means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.
means a designated AO, AH or VO zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
means the area subject to severe flood related erosion losses. The area is designated as zone E on the Flood Insurance Rate Map (FIRM).
See "Special flood hazard area."
means the area subject to severe mudslides (i.e., mudflows). The area is designated as zone M on the Flood Insurance Rate Map (FIRM).
means the flood having a one percent chance of being equaled or exceeded in any given year (also called the one-hundred-year flood).
means any area of the building having its floor subgrade (below ground level) on all sides.
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:
means the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as zone V1-30, VE or V.
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.
means a general and temporary condition of partial or complete inundation of normally dry land areas due to:
The overflow of floodwaters;
The unusual and rapid accumulation or runoff of surface waters from any source; and/or
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.
means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.
means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
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.
means any land area susceptible to being inundated by water from any source. See definition of flooding.
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.
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.
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.
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."
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.
means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition).
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:
The anchoring standards in Section 21.110.160(1);
The construction materials and methods standards in Section 21.110.160(2);
The wet flood proofing standard in Section 21.110.160(3); and
The standards for utilities in Section 21.110.170.
means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty consecutive days.
means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.
means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
means, for floodplain management purposes, structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community.
means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the base flood, which will be the term used throughout this chapter.
means an individual or his/her agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.
means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
means naturally occurring accumulations of sand in ridges or mounds landward of the beach.
means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as zone A, AO, A1-30, AE, A99, AH, VO, V1-30, VE or V.
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.
means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
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:
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
Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
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.
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-39 § 1, 1988; Ord. NS-664 §§ 1, 2, 2003)
§ 21.110.060 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards, areas of flood-related erosion hazards and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of the city. When only a portion of a parcel of land lies within the areas of special flood hazards, the provisions of this chapter shall apply only to that portion lying within those areas.
(Ord. NS-39 § 1, 1988)
§ 21.110.070 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the San Diego County and incorporated areas Flood Insurance Study (FIS), dated June 19, 1997, and accompanying Flood Insurance Rate Map (FIRM), dated June 19, 1997, and all subsequent amendments and/or revisions are hereby adopted by reference and declared to be a part of this chapter. This 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-39 § 1, 1988; Ord. NS-664 § 3, 2003)
§ 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.
§ 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)
§ 21.110.120 Severability.
This chapter and the various parts thereof are declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.
(Ord. NS-39 § 1, 1988)
§ 21.110.130 Special use permit.
A special use permit shall be obtained in addition to any other required permits or entitlements before construction or development begins within any area of special flood hazards, areas of flood-related erosion hazards or areas of mudslide (i.e., mudflow) hazards established in Section 21.110.070. The filing fees for a special use permit shall be in an amount as the City Council may by resolution establish. Applications for a special use permit shall be made on forms furnished by the City Planner and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
(1)
Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in zone AO or VO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;
(2)
Proposed elevation in relation to mean sea level to which any structure will be floodproofed;
(3)
All appropriate certifications listed in Section 21.110.150(D) of this chapter;
(4)
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development;
(5)
Environmental impact assessment (one copy only); and
(6)
Environmental impact report (twenty copies), if required.
(Ord. NS-39 § 1, 1988; Ord. CS-102 § CXXIV, 2010; Ord. CS-164 § 10, 2011)
§ 21.110.135 Findings for approval.
(a)
A special use permit required by this chapter may be approved or conditionally approved 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 pass or handle a base flood of 100-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-102 § CXXV, 2010; Ord. CS-164 § 10, 2011)
§ 21.110.140 Designation of floodplain administrator.
The Planning Commission is appointed as the floodplain administrator.
(Ord. NS-39 § 1, 1988; Ord. CS-102 § CXXVI, 2010)
§ 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:
(1)
Permit Authority. The floodplain administrator may approve, conditionally approve or deny a special use permit required by this chapter upon the advice of the City Engineer.
(2)
Use 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.
(3)
Whenever a watercourse is to be altered or relocated:
(A)
Notify adjacent communities and the California Department of Water Resources prior to the alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;
(B)
Require that the flood-carrying capacity of the altered or relocated portion of such watercourse is maintained.
(4)
Obtain and maintain for public inspection and make available as needed:
(A)
The certification required in Section 21.110.160(3)(A), floor elevations;
(B)
The certification required in Section 21.110.160(3)(B), elevations in areas of shallow flooding;
(C)
The certification required in Section 21.110.160(3)(C), elevations or floodproofing of nonresidential structures;
(D)
The certification required in Section 21.110.160(3)(D), wet floodproofing standard;
(E)
The certified elevation required in Section 21.110.180(b), subdivision standards;
(F)
The certification required in Section 21.110.200(1), floodway encroachments;
(G)
The information required in Section 21.110.210(6), coastal construction; and
(H)
The reports required in Section 21.110.220(d), mudflow standards.
(5)
Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards, areas of special flood-related erosion hazards or areas of mudslide (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 Sections 21.110.240 and 21.110.250 of this chapter.
(6)
Take action to remedy violations of this chapter as specified in Section 21.110.080 of this chapter.
(Ord. NS-39 § 1, 1988; Ord. CS-102 § CXXVII, 2010)
§ 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 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 shall be constructed with materials and utility equipment resistant to flood damage.
(B)
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(C)
All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(D)
Require within zones AH, AO or VO, 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 to or 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 or VO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in subsection (3)(C) of this section. Upon completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the City Building Inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.
(C)
Nonresidential construction shall either be elevated in conformance with subsection (3)(A) or (3)(B) of this section or together with attendant utility and sanitary facilities:
(i)
Be 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.
(D)
Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(i)
Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters; or
(ii)
Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.
(E)
Manufactured homes shall also meet the standards in Section 21.110.190 of this chapter.
(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 shall identify the flood hazard area and the elevation of the base flood.
(b)
All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.
(c)
All subdivision proposals shall be consistent with the need to minimize flood damage.
(d)
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(e)
All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
(Ord. NS-39 § 1, 1988)
§ 21.110.190 Standards for manufactured homes.
All new and replacement manufactured homes and additions to manufactured homes shall:
(1)
Be elevated so that the lowest floor is at or above the base flood elevation; and
(2)
Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.
(Ord. NS-39 § 1, 1988)
§ 21.110.200 Floodways.
Located within areas of special flood hazard established in Section 21.110.070 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
(1)
Prohibit encroachments, including fill, new construction, substantial improvements and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(2)
If subsection 1 of this section is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Sections 21.110.160 through 21.110.230 of this chapter.
(Ord. NS-39 § 1, 1988)
§ 21.110.210 Coastal high hazard areas.
Within coastal high hazard areas 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 or above the base flood elevation.
(2)
All new construction shall be located on the landward side of the reach of mean high tide.
(3)
All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls. Such temporarily enclosed space shall not be used for human habitation.
(4)
Fill shall not be used for structural support of buildings.
(5)
Manmade alterations of sand dunes which would increase potential flood damage is prohibited.
(6)
The floodplain administrator shall obtain and maintain the following records:
(A)
Certification by a registered engineer or architect that a proposed structure complies with Section 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:
(c)
Within areas that have mudslide hazards, the following requirements apply:
(1)
A site investigation and further review shall be made by a person qualified in geology and soils engineering;
(2)
The proposed grading, excavation, new construction and substantial improvements shall be adequately designed and protected against mudslide damages;
(3)
The proposed grading, excavations, new construction and substantial improvements do not aggravate the existing hazard by creating either on-site or off-site disturbances; and
(4)
Drainage, planting, watering and maintenance shall not endanger slope stability.
(d)
Within zone M on the Flood Insurance Rate Map, the community shall adopt a drainage chapter which at least complies with the standards of Section 7001 through 7006 and Sections 7008 through 7015 of the most recent amendment of the 1982 Uniform Building Code:
(1)
The location of foundation and utility systems of new construction and substantial improvements;
(2)
The location, drainage and maintenance of all excavations, cuts and fills and planted slopes;
(3)
Protective measures including, but not limited to, retaining walls, buttress fills, subdrains, diverter terraces, benchings, etc.; and
(4)
Engineering drawings and specifications to be submitted for all corrective measures, accompanied by supporting soils engineering and geology reports.
(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 zone E on the 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 Appeals.
(a)
The floodplain administrator shall announce its decision and findings by resolution to the applicant and the resolution shall recite, among other things, the facts and reasons which, in the opinion of the floodplain administrator, make the granting or denial of a special use permit, variance or other entitlement under this chapter necessary to carry out the provisions and general purposes of this title and shall order that the special use permit, variance or other entitlement be granted or denied, and if such resolution orders that the special use permit, variance or other entitlement be granted, it shall also notice such conditions and limitations as the floodplain administrator may impose.
(b)
The effective date of order of the floodplain administrator granting or denying a special use permit, variance or other entitlement and the method for appeal of such order shall be governed by Section 21.54.150 of this code. In passing upon appeals and requests for variances from the requirements of this chapter, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
(1)
The danger that materials may be swept onto other lands to the injury of others;
(2)
The danger of life and property due to flooding or erosion damage;
(3)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(4)
The importance of the services provided by the proposed facility to the community;
(5)
The necessity to the facility of a waterfront location, where applicable;
(6)
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(7)
The compatibility of the proposed use with existing and anticipated development;
(8)
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(9)
The safety of access to the property in time of flood for ordinary and emergency vehicles;
(10)
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site; and
(11)
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
(c)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subsections (b)(1) through (b)(11) of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(d)
Upon consideration of the factors of subsection (b) of this section and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(e)
The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.
(Ord. NS-39 § 1, 1988; Ord. NS-664 § 4, 2003; Ord. NS-675 § 72, 2003)
§ 21.110.250 Conditions for variances.
(a)
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
(b)
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(c)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(d)
Variances shall only be issued upon:
(1)
A showing of good and sufficient cause;
(2)
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(3)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of, the public or conflict with existing local laws or chapters.
(e)
Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that the provisions of subsections (a) through (d) of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
(f)
Any applicant to whom a variance is granted shall be given written notice over the signature of the Community and Economic Development Director that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars for two hundred dollars of insurance coverage with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the floodplain administrator in the office of the San Diego County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
(Ord. NS-39 § 1, 1988; Ord. NS-664 § 5, 2003; Ord. CS-164 § 15, 2011)