HomeMy WebLinkAboutCC ORD 1966-1132 Floodplain zoning controls (Not codified)ORDINANCE NO. 1132
AN ORDINANCE OF THE CITY OF NATIONAL CITY
PROVIDING FOR TEMPORARY INTERIM ZONING -
ESTABLISHING FLOOD PLAIN ZONING CONTROLS
WHEREAS, the Department of Planning of the City
of National City in good faith is conducting studies for
the purpose of holding a hearing by the Planning Commis-
sion of the City of National City regarding a proposed
amendment to the Zoning Ordinance of the City of National
City wherein and whereby flood plain zoning controls will
be established; and
WHEREAS, Section 65858 of the Government Code
of California authorizes this City Council to protect
the public safety, health and welfare, to adopt a tem-
porary interim ordinance as urgency measure prohibiting
any use of said territory which may be in conflict with
such proposed zoning ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
NATIONAAL CITY, CALIFORNIA, DOES ORDAIN PS FOLLOWS:
SECTION I. The City Council of the City of
National City does hereby adopt this temporary interim
zoning ordinance pursuant to the provisions of Section
65858 of the Government Code of the State of California.
SECTION II. F-i and F-2 Flcodway Zoning.
A. Purpose and intent. It is the purpose of
the City Council in establishing the F-1 and F-2 zoning
restrictions for use in areas subject to floods and in-
undation to provide land use regulations for application
on a uniform basis to such properties as documented and
factual data from flood experience and engineering studies
of possible and probably future flooding conditions, so
as to prevent property damage and safeguard the health,
safety and general welfare of the people. Such zoning
is intended to be applied uniformly to those areas which,
by virtue of existing or potential development of build-
ings and structures therein or in surrounding areas,
have or will in the future create aggravated flooding
situations which heretofore, in the natural state, did
not constitute danger to the public health, safety or
general welfare. These zones are further intended to
provide such safeguards until such time as flood pro-
tective or control works in the nature of channels or
levees have been constructed so as to minimize such
danger in the outlying or fringe floodway areas.
B. Definitions. As used in this ordinance,
unless otherwise prescribed by the context, the follow-
ing meanings shall apply:
"Design Flood" means the selected flood against
which protection is provided, or eventually will be pro-
vided, by means of flood protective or control works.
When a federal survey has been authorized, the design
flood will be determined by the appropriate federal
agency and in all other cases it will be determined by
the City. It is the basis for design and operation of a
particular project after full consideration of flood
characteristics, frequencies and potentials, and economic
and other practical considerations.
"Designated Floodway" means the channel of a
stream and that portion of the adjoining plain which would
adequately accomodate serious floods to be expected at
frequent intervals in periods of heavy rainfall, and which
area would be required to reasonably provide for the con-
struction of flood control projects for the passage of
design flood by means of flood control channels, and in-
cluding the lands necessary for the construction of pro-
ject levees.
"Restrictive Zone" means the portion of the
natural floodway as delineated by the 100-year flood
level constituting the overflow area and being the out-
lying or fringe area located between the limits of the
designated floodway and the limits of the flood plain
where inundation may occur but where frequency or
flooding, and depths and velocities are generally low.
"Structure" as herein used does not include
public utility facilities or electric, gas or communi-
cation lines lawfully present.
C. Designated Floodway Zone--F-1. A de-
signated floodway zone is hereby established to preserve
a natural channel to meet the need to carry abnormal
flows of water in times of flood; to limit and minimize
the structural developments tending to obstruct and
divert the natural flow and prevent encroachment of
flood waters into the restrictive zone, thus limiting
flood heights and flood damage; and to prevent loss of
life and excessive damage to property in the area of
greatest flood hazard. In the designated floodway zone,
the following regulations shall apply:
1. Uses permitted in a designated floodway
zone. No building or structure shall he constructed,
erected or moved in, nor shall any other condition be
allowed which would tend to cause stream channel altera-
tion, or affect the carrying capacity of a floodway, or
otherwise constitute a threat to life and property. The
following uses are permitted subject to the approval of
a conditional use permit as herein provided containing
such conditions as the Planning Commission may specify
to protect the public interests:
(a) Uses such as loading and unloading areas,
parking lots and used car lots.
(b) Open type private and public recreational
facilities such as parks, golf courses, air fields, ath-
letic fields, and drive-in theaters.
(c) Circuses, carnivals or other similar tran-
sient amusement enterprises.
(d) Storage yards for equipment and material
not subject to major damage by flood waters.
(e) The sale of food, refreshments and other
commercial enterprises that would not require the con-
struction of permanent structures.
(f) Agricultural uses, including farming,
grazing and livestock raising.
(g) Any other uses customarily accessory or
incidental to the above uses, or uses of a similar nature
which do not require the construction of Permanent struc-
tures and which, in the opinion of the Planning Commission,
conform to the intent and purpose of this zone.
2. Conditional use permit. Prior to the
issuance of a conditional use permit, by Resolution of
the City Council, for any of the uses authorized by this
section, the plans for such use shall be submitted to the
Planning Commission for review and approval or disapproval.
In its review of plans submitted, the Planning Commission
shall be guided by the following standards, keeping in
mind that the purpose of this section is to prevent en-
croachment of flood waters on adjacent properties as
well as preventing undue increases in flood heights and
danger to life and property within this zone.
(a) Any use permitted shall be a type not ap-
preciably damaged by flood waters provided no structures
for human occupation shall be permitted.
(b) No fill shall be permitted.
(c) On developed lots the percentage of the
lot occupied by the main structure at the time of the
adoption of this ordinance shall not be increased, and
any new structure shall occupy not more than ten percent
(10%) of the lot.
(d) Any structure permitted shall be con-
structed and placed on the lot so as to offer the mini-
mum obstruction to the flow of water, such as placing
the structure with open ends parallel to the flow of
water, rather than at right angles to such flow.
(e) Any structure permitted shall be firmly
anchored to prevent the structure from floating away
and thus threatening to further restrict bridge open-
ings and other restricted sections of the channel.
(f) Where, in the opinion of the Planning
Commission, topographic data, engineering studies, or
other studies are needed to determine the effects of
flooding on a proposed structure and/or the effects of
the structure on the floodway, the Planning Commission
may require the applicant to submit such. data and/or
studies prepared by competent engineers or other techni-
cal people.
(g) The granting of such approval shall not
constitute a representation, guarantee, or warranty of
any kind or nature of the City of National City or the
Planninc Commission, or by an officer or employee of
either thereof of the practicability or safety or any
structure or other plan proposed and shall create no
liability upon, or a cause of action against such public
body, officer or employee for any damage that may result
pursuant thereto.
D. Flood Plain Restrictive Zone--F-2. There
is hereby established as a supplemental zone to be attach-
ed to existing zones applicable to the restrictive zone
as hereinbefore defined a "Flood Plain Restrictive Zone."
Such supplemental limitation is designed to prevent
the loss of life and excessive damage to property in
this outlying or fringe area subject to flooding.
1. Uses permitted. The following uses are
permitted subject to the aooroval of a conditional use
permit as herein provided, containing such conditions
as the Planning Commission may specify to protect the
public interests:
(a) All uses authorized in the F-1 zone.
Uses Presently in existence shall be
allowed to continue subject to the standards set forth
hereinabove except for No. 2 (c).
(c) Those uses permitted pursuant to the
existing zoning provided that no residential dwelling or
structure for human occupation shall be allowed.
2. Conditional use permit.
In approving con-
ditional use permits in the F-2 zone, the Planning Com-
mission shall be guided by the standards established in
the F-1 zone, except that subsection 2 (c) shall not be
applicable.
3. Repeal. It is intended that this district
supplemental to the basic underlying land use zone or
zones will be repealed in those areas when, in the
opinion of the City Engineer, the flood hazard has been
eliminated by reason of a change of conditions.
SF.CTION III. This Ordinance is hereby de-
clared to be an emergency measure necessary for the im-
mediate preservation of the public peace, health and
safety, and shall take effect upon its adoption by the
City Council.
26th
PASSED AND ADOPTED by the City Council of the City of National City, California, this
day of
July
AYES: Councilmen
, 19 66 , by the following vote, to -wit:
Colburn, Hogue, Reid, Morgan
NAYS: Councilmen None
ABSENT: "7?:
ATTEST:
I hereby approve the foregoing
Mayor of the'City National City, California
this 26th day of .7.131Y , 19 66
Mayor of the City of P'atiorfal City, California
I hereby certify that the above and foregoing is a full and true copy of { Resolution
Ordinance
of the {
Resolutions
Ordinances
No
} of the City of National City, California, as adopted by the City Council of said
City, and approved by the Mayor of said City, on the day of , 19
City Clerk of the City of National City, California.
Deputy