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HomeMy WebLinkAboutCC ORD 1979-1663 Repeals and replaces Ch. 18.24, floodway zones; amends zoning map (Repealed by 2107)ORDINANCE NO. 1663 AN ORDINANCE OF THE CITY F NATIONAL CITY REPEALING CHAPTER 18.24 OF THE MUNICIPAL CODE "FLOODWAY (-FW) AND FLOODPLAIN (-FP) ZONES"; ADDIPdG A NEW CHAPTER18_24 TTHE FLOODWAYMUNICIPAL CODE "FLOODWAY (-FW) , FLOODWAY FRINGE (-FF 1) , AND FRINGE - SHALLOW FLOODING (-FF-2) ZONES"; AND AMENDING THE NATIONAL CITY ZONING MAP 1 BY ADDING AND REVISING FW, FF-1 AND FF-2 ZONE BOUNDARIES. SECTION 1. This ordinance repeals Chapter 18.24 of the National City Municipal Code as follows: Sec. 18.24.010 and Ordinance 1503 51 (part): NCLUC S974-3.01 Sec. 18.24.020 and Ordinance 1503 51 (part): NCLUC 5974-3.02 Sec. 18.24.030 and Ordinance 1503 51 (part): NCLUC 5974-3.03 (part) Sec. 18.24.040 and Ordinance 1503 51 (part): NCLUC 5974-3.03:01 Sec. 18.24.050 and Ordinance 1503 51 (part): NCLUC 5974-3.03:02 Sec. 18.24.060 and Ordinance 1503 51 (part): NCLUC 5974-3.04 (part) Sec. 18.24.070 and Ordinance 1503 51 (part): NCLUC 597473.04:01 Sec. 18.24.080 and Ordinance 1503 51 (part): NCLUC 5974-3.04:02 Sec. 18.24.080 and Ordinance 1503 51 (part): NCLUC 5974-3.04:03 SECTION 2. A new Chapter 18.24 is added to the National City Municipal Code as follows: 18.24.010 13.24.020 18.24.030 18.24.035 18.24.040 18.24.050 18.24.060 18.24.070 18.24.080 18.24.090 18.24.100 18.24.110 18.24.120 18.24.130 18.24.140 18.24.150 CHAPTER 18.24 FLOODWAY (-FW) , FLOODWAY FRINGE (-FF-1) , AND FLOODWAY FRINGE -SHALLOW FLOODING (-FF-2) ZONES Statement of Purpose Methods of Reducing Flood Losses Warning and Disclaimer of Liability Abrogation and Greater Restrictions Definitions Lands to Which This Chapter Applies Designated Floodway Combining Zone (-FW) Established Designated Floodway Fringe Combining Zone (-FF-1) Established Designated Floodway Fringe -Shallow Flooding Combining Zone (-FF-2) Established Standards Applicable to All Areas of Special Flood Hazard. Anchoring Construction Materials and Methods Utilities Subdivision Proposals Storage of Material and Equipment Standards Applicable to Designated Floodway Zone (-FW) Standards Applicable to Designated Floodway Fringe Zone ; - FF-1) Standards Applicable to Designated Floodway Fringe -Shallow Flooding Zone (-FF-2) Flood Hazard Area Development Permit (FHAD) Established Designation of the City Engineer Duties and Responsibilities of the City Engineer Permit Review Use of Other Base Flood Data Information to be Obtained and Maintained 18.24.160 Alteration of Water Courses - Conditional Use Permit Required 18. 24.17C Determination of Special Flood Hazard Zone Boundaries 18.24.130 Appeals 18.24.190 Exceptions 18.24.200 Fees CHAPTER 18.24 18.24.010 18.24.020 FLOODWAY (-F1r1) , FLOODWAY FRINGE FLOODWAY FRINGE -SHALLOW FLOODING -FF-1 ,AND -FF-2) ZONES STATEMENT OF PURPOSE It is the purpose of this ordinance 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: A. To protect human life and health; B. To minimize expenditure of public money for costly flood control projects; C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. To minimize prolonged business interruptions; E. 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; F. 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; G. To insure that potential buyers are notified that property is in an area of special flood hazard; and, H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance includes methods and provisions for: A. 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 in flood heights or velocities; 18.24.030 18.24.035 T t B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or _channel flood waters; D. Controlling filling, grading, dredging, and other development which may increase flood damage; and, E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazard i n other areas. WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance 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 ordinance shall not create liability on the part of National City, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result in reliance of this ordinance or any administrative decision lawfully made thereunder. • ABROGATION AND GREATER. RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 18.24.040 DEFINITIONS Unless specifically defined below, or in Chapter 18.04, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in canon usage and to give this ordinance its most reasonable application. "Appeal" means a request for a review of the City Engineers inter- pretation of any provision of this ordinance. "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 flew may be evident. -2a- "Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special r flood hazard. "Existing mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this ordinance. "Expansion to an existing mobile home park or mobile home, subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets). "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters and/or (2) The unusual and rapid accumulation or runoff of surface waters from any source. "Flood Insurance Rate Map" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. "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. "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." "Mobile home" means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. "New construction" means structures for which the "start of construction" commenced on or after the effective date of this ordinance. "New mobile home park or mobile home subdivision" means a parcel (or continguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this ordinance. "Start of construction" means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. 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, 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 as part of the main structure. 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 subdivision, "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. "Structure" means a walled and roofed building or mobile home that is principally above ground.' "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessaay to assure safe living conditions, or any alteration of a structure listed on the National Regis ter of Historic Places or a State Inventory of Historic Places. (2) 18.24.050 18.24.060 18.24.070 18.24.080 "Exception" means a grant of relief from the requirements of this • chapter which permits construction in a manner that would other- wise be prohibited by this chapter. LANDS TO WHICH THIS CHAPTER APPLIES This chapter shall apply to all areas of special flood hazards within National City as shown on the zoning map as Floodway (-FW), Floodway Fringe (- FF-1) , and Floodway Fringe -Shallow Flooding (-FF-2), combining zones. These zones conform with the areas of special flood hazard identified by the Federal Insurance Adminis- tration in a scientific and engineering report entitled "The Flood Insurance Study for the City of National City," dated August, 1978, with accompanying Flood Insurance Rate Maps, which is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file in the office of the City Clerk, 1243 National Avenue, National City, California. DESIGNATED FLOODWAY COMBINING ZONE (-FW) ESTABLISHED There is established, as a combining zone to be attached to exist- ing 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. FLOODWAY FRINGE COMBINING ZONE (-FF-1) ESTABLISHED There is established, as a combining zone to be attached to exist- ing 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). FLOODWAY FRINGE -SHALLOW FLOODING COMBINING ZONE (-FF-2) ESTABLISHED There is established, as a combining zone to be attached to exist- ing 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 18.24.090 areas of shallow flooding AO or AH on the Flood Insurance Rate Map (FIRM). STANDARDS APPLICABLE TO ALL AREAS OF SPECIAL FLOOD HAZARD In all areas of special flood hazards including the F!4, FF-1 , and FF-2 zones in addition to the standards contained in Sections 18.24.100, 13.24.110, and 18.24.120, the following standards are required. A. ANCHORING (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. (2) All mobile 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: (i) 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; (ii) 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; (iii) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and, (iv) any additions to the mobile home be similarly anchored. B. CONSTRUCTION MATERIALS AND METHODS (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. C. UTILITIES 18.24.100 (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and, (3) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. D. SUBDIVISION PROPOSALS (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less). E. 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. STANDARDS APPLICABLE TO DESIGNATED FLOODWAY ZONE (-FW) In addition to the standards required by Section 18.24.090, in FW zones the following provisions also apply: A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certi- fication by a registered professional engineer is provided demonstrating that encroachments shall not result in any incease in flood levels during the occurrence of the base flood discharge. B. If Section 18.24.100(A) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sections 18.24.090 and 18.24.110 and require approval of a conditional use permit pursuant to Chapter 18.116. 18.24.110 C. Prohibit the placement of any mobile homes, except in an• existing mobile home park or existing mobile home subdivision. STANDARDS APPLICABLE TO DESIGNATED FLOODWAY FRINGE ZONE (FF-1) In addition to the standards required by Section 18.24.090, in FF-1 zones the following provisions are also required: A. RESIDENTIAL CONSTRUCTION New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. B. NON-RESIDENTIAL CONSTRUCTION New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (1) be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (3) be certified by a registered professional engineer that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in Section 18.24.150 C(2). C. MOBILE HOMES (1) Mobile homes shall be anchored in accordance with Section 18.24.090 (A). (2) For new mobile home parks and mobiTe home subdivisions; for expansions to existing mobile home parks and mobile home subdivisions; for existing mobile home parks and mobile home subdivisions where the repair, reconstruc- tion or improvement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the repair, reconstruction or 18.24.120 improvement has commenced; and for mobile homes not placed in a mobile home park or mobile home subdivision, require that: (i) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; (ii) adequate surface drainage and access for a hauler are provided; and, (iii) in the instance of elevation on pilings, that: - lots are large enough to permit steps, - piling foundations are placed in stable soil no more than ten feet apart, and - reinforcement is provided for pilings more than six feet above the ground level. (3) No mobile home shall be placed in a floodway, except in an existing mobile home park or existing mobile home subdivision. STANDARDS APPLICABLE TO DESIGNATED FLOODWAY FRINGE -SHALLOW FLOODING ZONE (FF-2) In addition to the standards required by Section 24.090, in FF-2 zones the following provisions are also required: A. All new construction and substantial improvements of residen- tial structures have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the FIRM. B. All new construction and substantial improvements of nonresiden- tial structures shall: (1) have -the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the FIRM, or (2) together with attendant utility and sanitary facili- ties be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of`water and with structural components having the capability of,resisting hydrostatic and hydrodynamic loads and effects of buoyancy. be certified by a registered professional engineer that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in Section 18.24.150 C(2). 18.24.130 FLOOD HAZARD AREA DEVELOPMENT. PERMIT (FHAD) ESTABLISHED A FHAD 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 18.24.050. No construction or development shall commence as a result of a FHAD permit approval until all other required building, grading, and/or development permits have been obtained. Application for a FHAD permit shall be made on forms furnished by the City Engineer. Every application shall: A. Identify and describe the work to be covered by the permit for which application is made. g, Describe the land on which the proposed work is to be done by lot, block tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or work. d. 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. Be accompanied by elevations (in relation to mean sea level) of the lowest habitable floor (including basement) or in the case of floodproofed nonresidential structures, the elevation to which it has been floodproofed. Documentation or certifica- tion of such elevations by a registered professional engineer shall be prcvided by the applicant and be maintained by the City Engineer. G. Give such other information as reasonably may be required by the City Engineer, including but not limited to: H. 18.24.140 18.24.150 (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) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location 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. Require prior approval of any conditional use permit which may be required by Section 18.24.160 for alteration of watercourses. DESIGNATION OF THE CITY ENGINEER The City Engineer is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER Duties of the City Engineer shall include, but not be limited to: A. PERMIT REVIEW (1) Review all development permits to determine that the permit requirements of this ordinance have been satisfied. (2) Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required. (3) Review all development permits to determine if the pro- posed development adversely affects the flood carrying capacity of the area of special flood hazard. For purposes of this ordinance, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point. B. USE OF BASE FLOOD DATA When base flood elevation data have not been provided in accordance with Section 18.24.050 the City Engineer shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer Section 18.24.110. 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: (3) (i) verify and record the actual elevation (in relation to mean sea level), and (ii) maintain the floodproofing certifications required in Sections 18.24.1108-(3) , 18.24.12 0B (3) and 18.24.130 (F) Maintain for public inspection all records pertaining to the provisions of this ordinance. 18.24.160 ALTERATION OF WATERCOURSES - CONDITIONAL USE PERMIT REQUIRED In addition to the FHAD permit required by Section 18.24.130, approval of a conditional use permit pursuant to Chapter 18.116 shall be required for any proposed alteration or relocation of a watercourse. Such permit shall include the following conditions: A. Prior to any alteration or relocation the adjacent communi- ties shall be notified; approval of the Federal Insurance Administration and State Department of Water Resources shall be obtained; new channel shall be completed before the old channel is abandoned; and maintenance shall be provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 18.24.170 DETERMINATION OF SPECIAL FLOOD HAZARD ZONE BOUNDARIES The boundaries of the FW, FF-1, and FF-2 combining zones shall be determined by the scale contained on the zoning map. Where -interpre- tation 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 based upon: A. The recommendation National City Engineering Department B. A review of the/Flood Hazard Boundary Maps Series 1914-D through 1933-D inclusive hereby adopted by reference and declared to be a part of this ordinance; 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. 18.24.180 APPEALS A. 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 City Engineer in the enforcement or administration of this ordinance. B. Appeals may be filed and shall be processed in the same manner as for site plan review as provided in Section 18.128.060 through 18.128.090. 18.24.190 EXCEPTIONS A. Applications for exceptions from the terms of this chapter shall be submitted and processed in the same manner as condi- tional use permits, as provided in Chapter 18.116. B. In passing upon such applications, the Planning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: (1) the danger that materials may be swept onto other lands to the injury of others; (2) the danger to life and property due to flooding or erosion damage; (3) the susceptibility of the proposed facility and its contents to flood damage ana 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 comprehen- sive plan and floodplain management program for that area; (9) the safety of access to the property in times of flood for ordinary and emergency vehicles; (10) the expected heights, velocity, duration, rate of rise, and sediment transport of the floodwater and the effects of wave action, if applicable, 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, exceptions 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 items b 1-11 in Section 18.24.190 B have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the exception increases. D. Upon consideration of the factors of Section 18.24.190 B and the purposes of this ordinance, the Planning Commission may attach such_ conditions to the granting of exceptions as it deems necessary to further the purposes of this chapter. E. Exceptions (1) Exceptions may be issued for the reconstruction, rehab- ilitation or restoration of structures listed on 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. (2) Exceptions shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (3) Exceptions shall only be issued upon a determination that the exception is the minimum necessary, considering the flood hazard, to afford relief. (4) Exceptions shall only be issued upon: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the exception would result in exceptional hardship to the applicant; and (iii) 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 18.24.190 13, or conflict with existing local laws or ordinances. (5) Any applicant to whom an exception is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 18.24.200 FEES A, A nonrefundable fee of $50 shall be paid to the City Treasurer at the time of filing an application for a flood hazard area development (FHAD) permit. B. A nonrefundable fee of $25 shall be paid to the City Treasurer at the time of filing an appeal pursuant to Section 18.24.170. SECTION 3. The National City Zoning Map 1 is amended to A. Remove all Floodway (FW) and Floodplain (FP) zone designators and zone boundaries shown prior to the adoption of this ordinance; and, B. Add Floodway (-FW), Floodway Fringe (-FF-1), and Floodway Fringe -Shallow Flooding (-FF-2) zoning as shown on the amended version of Zoning Map 1 attached hereto and incorporated herein as Exhibit "A". PASSED AND ADOPTED this 6th day of February 1979. ATTEST: Passed and adopted by the Council of the City of National City, California, on February 6, 1979 by the following vote, to -wit: Ayes: Councilmen Nays: Councilmen Absent: Councilmen Abstain: Councilmen AUTHENTICATED BY: Camacho,x Da11 a,x Van Deventer, Morgan. Waters. None. None. KTLE MORGAN Mayor of the City of National City, California IONE CAMPBELL By: City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on J4nuatry 23, 1979 and on FOrigiagy 60...1979 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 mem- ber 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 cor- rect copy of ORDINANCE NO...1663. of the City of National City, passed and adopted by the Council of said City on ....FeJ x .au...().,...a.9.79 (Seal) By: City Clerk of the City of National City, California Deputy