HomeMy WebLinkAboutCC ORD 1996-2107 Amends Ch. 18.24, zoning; repeals Ords. 1663, 1803, 1935, 1952 and 2018 § 25 (18.24)ORDINANCE NO. 96-2107
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
REPEALING SECTION 25 OF ORDINANCE NO. 91-2018, AND ORDINANCE NOS.
1952, 1935, 1803, AND 1663, AND AMENDING CHAPTER 18.24 OF THE
NATIONAL CITY MUNICIPAL CODE BY ADOPTING THE STATE OF
CALIFORNIA DEPARTMENT OF WATER RESOURCES
MODEL FLOODPLAIN MANAGEMENT ORDINANCE
AND, AS AMENDED HEREWITH, REGULATING CONSTRUCTION AND
DEVELOPMENT IN FLOOD HAZARD AREAS.
BE IT ORDAINED by the City Council of the City of National City as follows:
Section 1.
read as follows:
Sections:
Chapter 18.24 of the National City Municipal Code is amended to
Chapter 18.24
FLOODWAY (-FW), FLOODWAY FRINGE (-FF-1), AND
FLOODWAY FRINGE -SHALLOW FLOODING (-FF-2) ZONES
18.24.010 Statement of purpose.
18.24.020 Methods of reducing flood losses.
18.24.030 Warning and disclaimer of liability.
18.24.040 Abrogation and greater restrictions.
18.24.050 Definitions.
18.24.060 Lands to which chapter applies.
18.24.070 Basis for establishing the areas of special flood hazard.
18.24.080 Compliance.
18.24.090 Interpretation.
18.24.100 Severability.
18.24.110 Designated floodway combining zone (-FW) established.
18.24.120 Floodway fringe combining zone (-FF-1) established.
18.24.130 Floodway fringe -shallow flood combining zone (-FF-2)
established.
18.24.140 Standards applicable to all areas of special flood hazard.
18.24.150 Standards for utilities.
18.24.160 Standards for subdivisions.
18.24.170 Standards for manufactured homes/mobile homes.
18.24.180 Standards for recreational vehicles.
18.24.190 Floodways (-FW).
18.24.200 Establishment of development permit.
Ordinance No.
Page 2 of 21
18.24.210 Designation of the Floodplain Administrator.
18.24.220 Duties and responsibilities of the Floodplain Administrator.
18.24.230 Map determination.
18.24.240 Appeals.
18.24.250 Exceptions.
18.24.260 Conditions for exceptions.
18.24.270 Fees.
18.24.010 Statement of purpose. 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 to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. 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;
F. 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;
G. Ensure that potential buyers are notified that property is in an area of
special flood hazard; and
H. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
18.24.020 Methods of reducing flood losses. In order to accomplish its
purposes, this chapter includes methods and provisions to:
A. Restrict or prohibit 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;
B. Require that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
D. Control filling, grading, dredging, and other development which may
increase flood damage; and
E. Prevent or regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards in other areas.
CONTINUED ON PAGE 3
Ordinance No.
Page 3 of 21
18.24.030 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 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 of National City, any officer or employee thereof,
the State of California or the Federal Insurance Administration, Federal Emergency
Management Agency for any flood damages that result from reliance on this chapter or
any administrative decision lawfully made thereunder.
18.24.040 Abrogation and greater restrictions. This chapter is not intended to
repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this chapter and another chapter, easement, covenant, or deed
restrictions conflict or overlap, whichever imposes the more stringent restriction shall
prevail.
18.24.050 Definitions. Unless specifically defined below, or in Chapter
18.04 of this title, words or phrases used in this chapter shall be interpreted so as to give
them the meaning they have in common usage and to give this chapter its most
reasonable application.
1. "Accessory use" means a use which is incidental and subordinate to the
principal use of the parcel of land on which it is located.
2. "Adversely affects" means, for purposes of this chapter, that the
cumulative effect of the proposed development when combined with all other existing
and anticipated development will increase the water surface elevation of the base flood
more than one foot at any point.
3. "Alluvial fan" means a geomorphologic feature characterized by a cone or
fan -shaped deposit of boulders, gravel, and fine sediments that have been eroded from
slopes, transported by flood flows, and then deposited on the valley floor, and which is
subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement
and deposition, and channel migration.
4. "Apex" means the point of highest elevation on an alluvial fan, which on
undisturbed fans is generally the point where the major stream that formed the fan emerges
from the slope.
5. "Appeal" means a request for a review of the Floodplain Administrator's
interpretation of any provision of this chapter.
CONTINUED ON PAGE 4
Ordinance No.
Page 4 of 21
6. "Area of shallow flooding" means a designated AO or AH 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. Such flooding is characterized by
ponding or sheet flow.
7. "Area of special flood hazard" - see "Special flood hazard area."
8. "Base flood" means a flood which has a one percent chance of being
equaled or exceeded in any given year (also called the "100 year flood"). Base flood is
the term used throughout this chapter.
9. "Basement" means any area of the building having its floor subgrade -i.e.,
below ground level -on all sides.
10. "Building" - see "structure."
11. "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.
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. "Exception" 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.
14. "Existing manufactured home/mobile 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/mobile 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 before the effective
date. of this chapter.
15. "Expansion to an existing manufactured home/mobile home park or
subdivision" means the preparation of additional sites by the construction of facilities for
servicing the lots on which the manufactured homes/mobile homes are to be affixed
(including the installation of utilities, the construction of streets, and either final site
grading or pouring of concrete pads).
16. "Flood, flooding, or floodwater" means a general and temporary condition
of partial or complete inundation of normally dry land areas from the overflow of inland
or tidal waters, and/or the unusual and rapid accumulation or runoff of surface waters
from any source.
17. "Flood Boundary and Floodway Map (FBFM)" 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 floodway.
CONTINUED ON PAGE 5
Ordinance No.
Page 5 of 21
18. "Flood Hazard Boundary Map" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated the
areas of flood hazards.
19. "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.
20. "Flood Insurance Study" means the official report provided by the Federal
Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the
Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
21. "Floodplain or flood -prone area" means any land area susceptible to being
inundated by water from any source - see "Flooding."
22. "Floodplain Administrator" is the individual appointed to administer and
enforce the floodplain management regulations. This individual shall be the City Engineer
of the City of National City.
23. "Floodplain management" means the operation of an overall program of
corrective and preventive measures for reducing flood damage and preserving and
enhancing, where possible, natural resources in the flood plain, including but not limited
to emergency preparedness plans, flood control works, floodplain management
regulations, and open space plans.
24. "Floodplain management regulations" means this chapter and other zoning
ordinances, subdivision regulations, building codes, health regulations, special purpose
ordinances (such as grading and erosion control) and other applications of police power
which control development in flood -prone areas. The term describes federal, state or
local regulations in any combination thereof which provide standards for preventing and
reducing flood loss and damage.
25. "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.
26. "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."
27. "Floodway encroachment lines" means the lines marking the limits of
floodways on federal, state and local floodplain maps.
28. "Floodway fringe" is that area of the floodplain on either side of the
"Regulatory Floodway" where encroachment may be permitted.
CONTINUED ON PAGE 6
Ordinance No.
Page 6 of 21
29. "Fraud and victimization," as related to 18.24.260 (Conditions for
Exceptions) of this chapter, means that the exception granted must not cause fraud on or
victimization of the public. In examining this requirement, the Planning Commission will
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.
30. "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, and does
not include long-term storage or related manufacturing facilities.
31. "Habitable floor" means any floor usable for living purposes, which
includes working, sleeping, eating, cooking or recreation, or a combination thereof. A
floor used only for storage purposes is not a "habitable floor."
32. "Hardship," as related to 18.24.260 (Conditions for Exceptions) of this
chapter, means the unusual hardship that would result from a failure to grant the requested
exception. The Planning Commission requires that the exception be unusual and peculiar to
the property involved. 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 an exception,
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.
33. "Highest adjacent grade" means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
34. "Historic structure" means any structure that is:
A. 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;
B. 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;
C. 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
CONTINUED ON PAGE 7
Ordinance No.
Page 7 of 21
D. 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 with approved programs.
35. "Levee" means a man-made structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering practices to contain, control
or divert the flow of water so as to provide protection from temporary flooding.
36. "Levee system" means a flood protection system which consists of a levee,
or levees, and associated structures, such as closure and drainage devices, which are
constructed and operated in accord with sound engineering practices.
37. "Lowest floor" means the lowest floor of the lowest enclosed area,
including basement. An unfinished or flood resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement area (see
"Basement") is not considered a building's lowest floor, provided that such enclosure is
not built so as to render the structure in violation of the applicable non -elevation design
requirements of this title. (Note: This definition allows attached garages to be built at
grade. Below grade garages are not allowed as they are considered to be basements).
38. "Manufactured home" or "Mobile 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. The
term "manufactured home" does not include "recreational vehicles" or "travel trailers."
39. "Manufactured home/Mobile home park or subdivision" means a parcel
(or contiguous parcels) of land divided into two or more manufactured home lots for sale
or rent.
40. "Mean sea level" 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.
41. "New construction" for floodplain management purposes means structures
for which the "start of construction" commenced on or after the effective date of
floodplain management practices adopted by this community, and includes any
subsequent improvements to such structures.
42. "New manufactured home/mobile home park or subdivision" means a
manufactured home/mobile home park or subdivision for which the construction of
facilities for servicing the lots on which the manufactured homes/mobile 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 the
effective date of this chapter.
CONTINUED ON PAGE 8
Ordinance No.
Page 8 of 21
43. "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, or 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.
44. "One hundred year flood" or "100-year flood" -see "Base flood."
45. "Principal structure" means a structure used for the principal use of the
property as distinguished from an accessory use.
46. "Public safety and nuisance," as related to 18.24.260 of this chapter, means
that the granting of an exception must not result in anything which is injurious to the 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.
47. "Recreational vehicle" means a vehicle which is:
A. Built on a single chassis;
B. 400 square feet or less when measured at the largest horizontal
C. Designed to be self-propelled or permanently towable by a light -duty
D. Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal use.
48. "Regulatory 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.
49. "Riverine" means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
50. "Sheet flow" - see "Area of shallow flooding".
51. "Special flood hazard area (SFHA)" means an area having special flood or
flood -related erosion hazards, and shown on a FBHM or FIRM as Zone A, AO, Al-A30,
AE, A99, and AH.
52. "Start of construction" includes substantial improvement and other
proposed new development, and means the date the building permit was issued, provided
the actual start of construction, repair, reconstruction, rehabilitation, addition, placement,
or other improvement was within 180 days from the date of the permit. The actual start
means either the first placement of permanent construction of a structure (other than a
manufactured home) on a site, such as the pouring of slab or footings, the installation 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
projection;
truck; and
CONTINUED ON PAGE 9
Ordinance No.
Page 9 of 21
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,
footings, 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.
53. "Structure" means a walled and roofed building that is principally above
ground. This includes a gas or liquid storage tank or manufactured/mobile home.
54. "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 50 percent of the market value of the structure before the damage occurred.
55. "Substantial improvement" means any reconstruction, rehabilitation,
addition or other proposed new development of a structure, the cost of which equals or
exceeds 50 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 work performed.
The term does not, however, include either:
A. Any project for improvement of a structure to correct violations or
to comply with state or local health, sanitary, or safety code specifications which have
been identified by a local code conformance official and which are solely 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."
56. "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.
CONTINUED ON PAGE 10
Ordinance No.
Pagel 0 of 21
57. "Water surface elevation" means the height, in relation to the National
Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of
various magnitudes and frequencies in the floodplains of coastal or riverine areas.
58. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or
other topographic feature on or over which waters flow at least periodically. Watercourse
includes specifically designated areas in which substantial flood damage may occur.
18.24.060 Lands to which chapter applies. This chapter shall apply to all
areas of special flood hazards within the jurisdiction of National City.
18.24.070 Basis for establishing the areas of special flood hazard. The areas
of special flood hazard as shown on the supplemental zoning map as Floodway (FW),
Floodway Fringe (FF-1), and Floodway Fringe -Shallow Flooding (FF-2) combining zones
and conforming with the areas of special flood hazard identified by the Federal Insurance
Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood
Insurance Study (FIS) for National City dated August 4, 1988, and accompanying Flood
Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated
August 4, 1988, 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 which allow implementation of this chapter and which are recommended to the
Planning Commission by the Floodplain Administrator. The study, FIRMs and FBFMs are
on file at the office of the Floodplain Administrator at 1243 National City Boulevard,
National City, California, 91950.
18.24.080 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. Violation of the requirements (including
violations of conditions and safeguards established in connection with conditions) shall
constitute a misdemeanor. Nothing herein shall prevent the City of National City from
taking such lawful action as is necessary to prevent or remedy any violation.
18.24.090 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 City of National City; and
C. Deemed neither to limit nor repeal any other powers granted under
state statutes.
CONTINUED ON PAGE 11
Ordinance No.
Page 11 of 21
18.24.100 Severability. This chapter and the various parts thereof are hereby
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 chapter as a
whole, or any portion thereof other than the section so declared to be unconstitutional or
invalid.
18.24.110 Designated floodway combining zone (-FW) established. There is
established, as a combining zone to be attached to existing zones, a designated floodway
zone. The FW zone shall be applied to those areas of special flood hazard designated as
floodways on the "Flood Boundary and Floodway Map" of the Flood Insurance Study.
18.24.120 Floodway fringe combining zone (-FF-1) established. There is
established, as a combining zone to be attached to existing zones, a designated floodway
fringe zone. The FF-1 zone shall be applied to those areas of special flood hazard
designated as floodway fringe on the "Flood Boundary and Floodway Map" of the Flood
Insurance Study, but excluding areas of shallow flooding designated AO or AH on the
Flood Insurance Rate Map (FIRM).
18.24.130 Floodway fringe - shallow flooding combining zone (-FF-2)
established. There is established, as a combining zone to be attached to existing zones, a
designated floodway fringe -shallow flooding zone. The FF-2 zone shall be applied to
those areas of special flood hazard designated as floodway fringe on the "Flood Boundary
and Floodway Map" of the Flood Insurance Study, and designated as areas of shallow
flooding AO or AH on the Flood Insurance Rate Map (FIRM).
18.24.140 Standards applicable to all areas of special flood hazard. In all
areas of special flood hazards including the FW, FF-1, and FF-2 zones, the following
standards are required:
A. Anchoring.
1. All new construction and substantial improvements shall be
adequately anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. All manufactured/mobile homes shall meet the anchoring standards
of section 18.24.170
B. Construction materials and methods. All new construction and substantial
improvements shall be constructed:
1. With materials and utility equipment resistant to flood damage.
2. Using methods and practices that minimize flood damage.
CONTINUED ON PAGE 12
Ordinance No.
Page 12 of 21
3. 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; and if
4. Within Zones AH or AO, so that there are adequate drainage paths
around structures on slopes to guide flood waters around and away from proposed
structures.
C. Elevation and floodproofing. (See 18.24.050 definitions for "new
construction," "substantial damage" and "substantial improvement").
1. Residential construction, new or substantial improvement, shall have
the lowest floor, including basement:
a. In an AO zone, elevated above the highest adjacent grade to
a height exceeding the depth number specified in feet on the FIRM by at least one foot, or
elevated at least three feet above the highest adjacent grade if no depth number is specified.
b. In an A zone, elevated at least one foot above the base flood
elevation, as determined by the City of National City.
c. In all other zones, elevated at least one foot above the base
flood elevation.
Upon the completion of the structure, the elevation of the lowest floor
including basement shall be certified by a registered professional civil engineer or surveyor
to be properly elevated. Such certification or verification shall be provided to the
Floodplain Administrator.
2. Nonresidential construction shall either be elevated to conform with
section 18.24.140 C.1 or together with attendant utility and sanitary facilities:
a. Be completely floodproofed below the elevation
recommended under section 18.24.140 C.1 so that the structure is watertight with walls
substantially impermeable to the passage of water, and
b. Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered professional civil engineer that
the standards of this section 18.24.140 C.2 are satisfied. Such certification shall be
provided to the Floodplain Administrator.
3. All new construction and substantial improvements with fully
enclosed areas below the lowest floor (excluding basement) that are usable solely for
parking vehicles, building access or storage, and which 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 exceed
the following minimum criteria:
CONTINUED ON PAGE 13
Ordinance No.
Page 13 of 21
a. Be certified by a registered professional civil engineer; or
b. Be certified to comply with a local floodproofing standard
approved by the Federal Insurance Administration, Federal Emergency Management
Agency; or
c. Have 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.
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.
4. Manufactured homes shall also meet the standards in sections
18.24.140.C.3 and 18.24.170.
D. Storage of Material and Equipment.
1. The storage or processing of materials that are, in time of flooding,
flammable, explosive, or could be injurious to human, animal or plant life is prohibited.
2. Storage of other material or equipment may be allowed if not
subject to major damage by floods and firmly anchored to prevent flotation or if readily
removable from the area within the time available after flood warning.
18.24.150 Standards for utilities. A. All new and replacement water supply
and sanitary sewage systems shall be designed to minimize or eliminate:
1. Infiltration of flood waters into the systems, and
2. Discharge from the systems into flood waters.
B. On -site waste disposal systems shall be located to avoid impairment
to them, or contamination from them during flooding.
18.24.160 Standards for subdivisions. A. All preliminary subdivision
proposals shall identify the flood hazard area and the elevation of the base flood.
B. All subdivision plans will provide the elevation of proposed
structure(s) and pad(s). If the site is filled above the base flood elevation, the final first floor
and pad elevations shall be certified by a registered professional civil 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.
CONTINUED ON PAGE 14
Ordinance No.
Page 14 of 21
18.24.170 Standards for manufactured homes/mobile homes. A. All
manufactured homes that are placed or substantially improved, within Zones A1-30, AH,
and AE on the Flood Insurance Rate Map, 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 on a
site upon which a manufactured home has incurred "substantial damage" as the result of a
flood,
shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated at least one foot above the base flood elevation and be
securely anchored to an adequately anchored foundation system to resist flotation, collapse
and lateral movement.
B. All manufactured homes to be placed or substantially improved on
sites in an existing manufactured home park or subdivision within Zones A1-30, AH and
AE on the Flood Insurance Rate Map that are not subject to the provisions of section
18.24.170.A shall be elevated so that either:
1. The lowest floor of the manufactured home is at least one
foot above the base flood elevation, or
2. The 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 and shall be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement.
C. All mobile homes/manufactured homes shall be anchored to resist
flotation, collapse, or lateral movement by providing over -the -top and frame ties to ground
anchors. Specific requirements shall be that:
1. Over -the -top ties be provided at each of the four corners of
the mobile home, with two additional ties per side at intermediate locations, with mobile
homes less than 50 feet long requiring only one additional tie per side;
2. Frame ties be provided at each corner of the home with five
additional ties per side at intermediate points, with mobile homes less than 50 feet long
requiring only four additional ties per side;
3. All components of the anchoring system be capable of
carrying a force of 4,800 pounds; and
4. Any additions to the mobile home shall be similarly
anchored.
CONTINUED ON PAGE 15
Ordinance No.
Pagel5 of 21
18.24.180 Standards for recreational vehicles. All recreational vehicles
placed on sites within Zones A1-30, AH, and AE on the community's Flood Insurance Rate
Map will either:
1. Be on the site for fewer than 180 consecutive days;
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 18.24.200 of this
chapter and the elevation and anchoring requirements for manufactured homes in section
18.24.170.A.
18.24.190 Floodways (-FW). Located within areas of special flood hazard
established in 18.24.070 are areas designated as floodways to which the following
provisions apply:
A. Encroachments, including fill, new construction, manufactured homes,
substantial improvements, and other development, shall be prohibited unless certification
by a registered professional civil engineer is provided demonstrating that encroachments
shall not result in any increase in flood levels during the occurrence of the base flood
discharge.
B. If section 18.24.190.A is satisfied, all new construction, substantial
improvements, and other new development shall comply with all other applicable flood
hazard reduction provisions of Sections 18.24.140 through 18.24.190 and require
approval of a Conditional Use Permit pursuant to Chapter 18.116 of the National City
Municipal Code.
18.24.200 Establishment of development permit. A development permit shall
be obtained concurrently with or before issuance of any building, grading, conditional
use, planned development, or planned unit development permit, or site plan approval, and
before construction or development begins within any area of special flood hazard
established in Section 18.24.070. Application for a development permit shall be on forms
furnished by the Floodplain Administrator 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:
A. Identify and describe the work to be covered by the permit for
which application is made;
CONTINUED ON PAGE 16
Ordinance No.
Page 16 of 21
B. Describe the land on which the proposed work is to be done by lot,
block, tract, house and street address, or similar description that will readily identify and
definitely locate the proposed building or work;
C. Indicate the use or occupancy for which the proposed work is
intended;
D. Be accompanied by plans and specifications for proposed
construction;
E. Be signed by the permittee or his authorized agent who may be
required to submit evidence to indicate such authority;
F. Proposed elevation in relation to mean sea level of the lowest floor
(including basement) of all structures - in AO zone elevation of highest adjacent grade
and proposed elevation of lowest floor of all structures;
G. Proposed elevation in relation to mean sea level to which any
structure will be floodproofed, if required in 18.24.140.C.3;
H. All appropriate certifications listed in 18.24.220.E of this chapter;
I. Description of the extent to which any watercourse will be altered
or relocated as a result of the proposed development;
J. Give such other information as reasonably may be required by the
Floodplain Administrator, including but not limited to:
1. A typical valley cross-section showing the channel of the
stream elevation of land areas adjoining each side of the channel, cross -sectional areas to
be corrupted by the proposed development and higher water information,
2. Locations and elevations of streets, water supply, sanitary
facilities, photographs showing existing land uses and vegetation upstream and
downstream, soil types and other pertinent information,
3. Profile showing the slope of the bottom of the channel or
flow line of the stream;
K. Evidence of prior or concurrent approval of any conditional use
permit which may be required by Section 18.24.220 of the National City Municipal Code
for alteration of watercourses.
18.24.210 Designation of the Floodplain Administrator. The City Engineer is
hereby appointed to administer, implement and enforce this chapter by granting or
denying development permits in accord with its provisions.
18.24.220 Duties and responsibilities of the Floodplain Administrator. The
duties of the Floodplain Administrator shall include, but not be limited to the following:
A. Permit Review. Review all development permits to determine that:
1. Permit requirements of this chapter have been satisfied;
2. All other required state and federal permits have been obtained;
CONTINUED ON PAGE 17
Ordinance No.
Page 17 of 21
3. The site is reasonably safe from flooding; and
4. The proposed development does not adversely affect the carrying
capacity of the areas where base flood elevations have been determined but a floodway
has not been designated.
B. Review and Use of any Other Base Flood Data. When base flood
elevation data have not been provided in accordance with Section 18.24.070, the
Floodplain Administrator shall obtain, review, and reasonably utilize any base flood and
floodway elevation data available from a federal or state agency or other source, in order
to administer Sections 18.24.140 through 190, inclusive. Any such information shall be
submitted to the City of National City for adoption.
C. Information to be Obtained and Maintained.
1. Obtain and record the actual elevation (in relation to mean sea
level) of the lowest habitable floor (including basement) of all new or substantially
improved structures;
2. For all new or substantially improved floodproofed structures:
a. Verify and record the actual elevation (in relation to mean
sea level); and
b. Maintain the floodproofing certifications required in
subsection C(1, 2 and 3) of Section 18.24.140, subsection B of Section 18.24.160, and
subsection A of Section 18.24.190;
3. Maintain for public inspection all records pertaining to the
provisions of this chapter.
D. Conditional Use Permit required. In alteration or relocation of a
watercourse, a Conditional Use Permit shall be required by the Planning Commission.
Such permit shall include the following conditions:
1. Notification of adjacent communities and the California Department
of Water Resources prior to alteration or relocation;
2. Submission of evidence of such notification to the Federal Insurance
Administration, Federal Emergency Management Agency;
3. Assurance that the flood carrying capacity within the altered or
relocated portion of said watercourse is maintained;
4. The new channel shall be completed before the old channel is
abandoned.
E. Documentation of Floodplain Development. Obtain and maintain for public
inspection and make available as needed the following:
1. Certification required by section 18.24.140.C.1 (floor elevations);
2. Certification required by section 18.24.140.C.2 (elevation or
floodproofing of nonresidential structures);
3. Certification required by section 18.24.140.C.3 (wet floodproofing
standard);
CONTINUED ON PAGE 18
Ordinance No.
Page 18 of 21
4. Certification of elevation required by section 18.24.160.B
(subdivision standards),
5. Certification required by section 18.24.190.A (floodway
encroachments);
F. Remedial Action. Take action to remedy violations of this chapter as
specified in section 18.24.080.
18.24.230 Map determination. The boundaries of the FW, FF-1, and FF-2
combining zones shall be determined by the scale contained on the supplemental zoning
map. Where interpretation is needed to the exact location of said boundaries (for example
where there appears to be a conflict between a mapped boundary and actual field
conditions), the Planning Commission shall make such determination in accordance with
Section 18.10.030 of the National City Municipal Code based upon:
A. The recommendation of the Floodplain Administrator ; and
B. A review of the city engineering department Flood Hazard Boundary
Maps Series 1914-D through 1933-D, inclusive, adopted by reference and declared to be
a part of this chapter; and
C. Technical evidence which may be presented by the applicant for a FHAD
permit.
The regulatory flood elevation for the point in question shall be the governing
factor in locating the boundary on land. The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the interpretation as provided
in section 18.24.240.
18.24.240 Appeals. The Planning Commission shall hear and decide appeals
when it is alleged there is an error in any requirement, decision, or determination made by
the Floodplain Administrator in the enforcement or administration of this chapter.
Appeals may be filed and shall be processed in the same manner as for site plan review as
provided in Sections 18.128.060 through 18.128.090 of the National City Municipal
Code.
18.24.250 Exceptions. A. Applications for exceptions from the terms of
this chapter shall be submitted and processed in the same manner as conditional use
permits, as provided in Chapter 18.116 of the National City Municipal Code.
B. In passing upon such applications for exceptions, the Planning
Commission shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter and the:
1. Danger that materials may be swept onto other lands to the injury
of others;
CONTINUED ON PAGE 19
Ordinance No.
Page 19 of 21
2. Danger to life and property due to flooding or erosion damage;
3. Susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner and future property
owners;
community;
4. Importance of the services provided by the proposed facility to the
5. Necessity to the facility of a waterfront location where applicable;
6. Availability of alternative locations for the proposed use which are
not subject to flooding or erosion damage;
7. Compatibility of the proposed use with existing and anticipated
development;
8. Relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
9. Safety of access to the property in times of flood for ordinary and
emergency vehicles;
10. Expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters expected at the site; and
11. 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. Any applicant to whom an exception is granted shall be given written notice
over the signature of a community official that:
1. The issuance of an exception to construct a structure below the base
flood level will result in increased premium rates for flood insurance, and
2. Such construction below the base flood level increases risks to life
and property.
3. 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.
D. The Floodplain Administrator will maintain a record of all exception
actions, including justification for their issuance, and report such exceptions issued in its
biennial report submitted to the Federal Insurance Administration, Federal Emergency
Management Agency.
18.24.260 Conditions for exceptions. A. Generally, exceptions may be
issued for new construction and substantial improvements and other proposed
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,
CONTINUED ON PAGE 20
Ordinance No.
Page 20 of 21
providing items in sections 18.24.140 through 18.24.210, inclusive, of this chapter have
been fully considered. As the lot size increases beyond one-half acre, the technical
justification required for issuing the exception increases.
B. Exceptions may be issued for the repair or rehabilitation of
"historic structures" (as defined in 18.24.050 of this chapter) 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. Exceptions shall not be issued within any mapped regulatory
floodway if any increase in flood levels during the base flood discharge would result.
D. Exceptions shall only be issued upon a determination that the
exception is the "minimum necessary," considering the flood hazard, to afford relief.
"Minimum necessary" means to afford relief with a minimum of deviation from the
requirements of this chapter. For example, in the case of exceptions to an elevation
requirement, this means the Planning Commission need not grant permission for the
applicant to build at grade, or even to whatever elevation the applicant proposes, but only to
that elevation which the Planning Commission believes will both provide relief and
preserve the integrity of this chapter.
E. Exceptions shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the exception would
result in exceptional hardship to the applicant; and
3. A determination that the granting of an exception 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 as identified in
section 18.24.050 of this chapter, or conflict with existing local laws or ordinances.
F. Exceptions may be issued for new construction, substantial
improvement, and other proposed development necessary for the conduct of a functionally
dependent use provided that the provisions of sections 18.24.260.A through E are satisfied
and that the structure or other development is protected by methods that minimize flood
damages during the base flood and does not result in additional threats to public safety and
does not create a public nuisance.
G. Upon consideration of the factors of section 18.24.250 and the
purposes of this chapter, the Planning Commission may attach such conditions to the
granting of exceptions as it deems necessary to further the purposes of this chapter.
18.24.270 Fees. A. A nonrefundable fee as established in the fee schedule
adopted by the city council shall be paid to the city treasurer at the time of filing an
application for a development permit pursuant to Section 18.24.200.
CONTINUED ON PAGE 21
Ordinance No. 96--2107
Page 21 of 21
B. A nonrefundable fee as established in the fee schedule adopted by
the city council shall be paid to the city treasurer at the time of filing an appeal pursuant
to Section 18.24.240.
C. A nonrefundable fee as established in the fee schedule adopted by
the city council shall be paid to the city treasurer at the time of filing for an exception
pursuant to Section 18.24.250.
Section 2. Section 25 of Ordinance No. 91-2018, and Ordinance Nos. 1952,
1935, 1803 and 1663 are hereby repealed.
PASSED and ADOPTED this28tiday of May , 1996.
GEORGE H. WATERS, MAYOR
ATTEST:
LO'. ANNE PEOPLES, CITY CLERK
ASSISTANT CITY ATTORNEY
Passed and adopted by the Council of the City of National City, California, on May 28,
1996, by the following vote, to -wit:
Ayes: Council Members Beauchamp, Inzunza, Morrison, Zarate, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
lerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the days of its introduction and the days of its final
passage, to wit, on May 14, 1996 and on May 28, 1996.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not less than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its passage
a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 96-2107 of the City Council of the City of National City, passed and
adopted by the Council of said City on May 28, 1996.
City Clerk of the City of National City, California
By:
Deputy