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)
(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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
(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)
The Planning Commission is appointed as the floodplain administrator.
(Ord. NS-39 § 1, 1988; Ord. CS-102 § CXXVI, 2010)
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)21.110.160(3)(A), floor elevations;
(B)
The certification required in Section 21.110.160(3)(B)21.110.160(3)(B), elevations in areas of shallow flooding;
(C)
The certification required in Section 21.110.160(3)(C)21.110.160(3)(C), elevations or floodproofing of nonresidential structures;
(D)
The certification required in Section 21.110.160(3)(D)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)
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)
(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)
(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)
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)
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)
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)
(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)
(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)
(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)
(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)
