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HomeMy WebLinkAboutCC ORD 1966-1136 Adds §§ 16.1, 16.2 and 16.3 to Ord. 962, zoning (Repealed by 1503)ORDINANCE NO. 1136 AN ORDINANCE AMENDING ORDINANCE NO. 962 OF THE CITY OF NATIONAL CITY, CALIFORNIA, BY ADDING THERETO NEW SECTIONS 16.1, 16.2, AND 16.3, ESTABLISHING FLOOD PLAIN ZONING CONTROLS The City Council of the City of National City does ordain as follows: SECTION I. That Ordinance 962 of the City of National City be, and the same is hereby amended by adding thereto new sections, to be numbered 16.1, 16.2 and 16.3, and to read as follows: Section 16.1. Floodway Zoning - Intent, Purpose and Definitions. A. Purpose and Intent. It is the purpose of the City Council in establishing the F-1 and F-2 zoning restrict- ions for use in areas subject to floods and inundation, to provide land use regulations to be applied on a uniform basis to such properties based upon documented and factual data from flood experience and engineering studies of possible and probable future flooding conditions, so as to prevent property damage and safeguard the health, safety and general welfare of the people. This zoning is intended to be applied to those areas which, by virtue of existing or potential construction of buildings and structurestherein, or in surrounding areas, have or will have in the future the effect of creating aggra- vated flooding situations which theretofore, in their undeveloped or sparsely developed state, did not constitute dangers to the public health, safety or general welfare. These zones are fur- thur intended to provide such safeguards until such time as flood protective 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 following meanings shall apply: 1. "DESIGN FLOOD" means the selected flood against which protection is provided, or even- tually will be provided, 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 deter- mined by the City Engineer. It shall be the basis for design and operation of a particular project after full consideration of flood char- acteristics, frequencies, and potentials, and economic and other practical considerations. 2. "DESIGNATED FLOODWAY" means an area consisting of the channel of a stream and/or that portion of the adjoining flood plain which would serve both to adequately accomodate flood waters to be expected at frequent intervals in periods of heavy rainfall, and which would be required to reasonably provide for the construction of flood control projects for the passage of design flood by means of flood control channels, and includ- ing the lands necessary for the construction of project levees. 3. f"RESTRICTIVE ZONE" means the portion of the flood - way in its natural state or as modified by grading and fill, delineated by the flood level to be ex- pected in a storm of 100-year intensity, consti- tuting the overflow area from the designated floodway or the outlying or fringe area located between the limits of the designated floodwayand the limits of the flood plain, where inundation which could endanger life, property and general welfare may occur, but where frequency of flooding, and depths and velocities are generally low. 4. "STRUCTURE'S as herein used does not include public utility facilities or electric, gas or communication lines lawfully present. 5. "FLOOD PROOF STRUCTURE" is any structure which, in the opinion of the City Engineer, is designed and constructed to resist flotation, destruction or major damage by the maximum flood predicted for the structure site by the U. S. Army Corps of Engineers or the City 2gineer. Section 16.2. F-1 Designated Floodway Zone. A designated floodway zone is hereby established to preserve a natural channel or open area to meet the need to carry abnormal flows of water in times of flood; to confine periodic floods to reasonable limits; to limit and minimize the structural developments tending to obstruct and divert the natural or directed flow and curb encroachment of floodwaters into the restrictive zone, thus limiting flood heights and flood destruction, and to prevent loss of life and excessive damage to property in the area of greatest flood hazard. The F-1 Zone shall be applied to those areas within the City of National City conforming to the definition of the designated floodway as determined by the U. S. Army Corps of Engineers or the City Engineer. In the designated floodway zone, the following regulations shall apply: 1. Uses permitted. No building or structure shall be constructed, erected, moved, converted, altered or enlarged in the designated floodway zone, nor shall any other condition be allowed which would tend to cause stream channel alteration, or af- fect 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 Plan- ning Commission may specify to protect the public interest: (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, airfields, athletic fields, and drive-in theaters. (c) Circuses, carnivals, or other similar trans- ient 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 construction of permanent structures. (f) Agricultural uses, including farming, grazing and livestock raising. (g) Any other use customarily accessory or in- cidental to the above uses, or uses of a similar nature which do not require the construction of permanent structures arx 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 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 encroachment of flood waters on adjacent properties as well as preventing undue in- crease in flood heights and danger to life and property within this zone: (a) Any use permitted shall be of a type not appre- ciably damaged by flood waters provided that no struct- ures for human occupation shall be permitted. (b) No fill shall be permitted. (c) On developed lots the percentage of 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 (1O%) of the lot. (d) Any structure permitted shall be flood proof and constructed and placed on the lot so as to offer the minimum 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 openings and other restricted sections of the channel or open area. (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 effect of the struct- ure on the floodway, the Planning Commission may re- quire the applicant to submit such data and/or studies prepared by competent engineers or other technical people. (g) The granting of such approval shall not consti- tute a representation, guarantee, or warranty of any kind or nature of the City of National City or the Planning Commission, or by an officer or employee of either thereof of the practicability or safety of 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. Section 16.3. F-2 - Flood Plain Restrictive Zone. There is hereby established as a supplemental zone to be attached to existing zones, applicable to the restrictive zone as herein - above defined, a"Mood Plain Restrictive Zone." The F-2 Zone shall be applied to areas within the City of National City con- forming to the definition of restrictive zone as determined by the City Council based upon studies by the U. S. Army Corps of Engineers or the City Engineer. 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 approval of a conditional use per- mit 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. (b) Structures and uses presently in existence shall be allowed to continue, provided that any expansion, remodeling or conversion thereof shall require a conditional use permit as herein provided. (c) Those uses permitted pursuant to the basic zoning as it exists or as it may be amended from time to time. 2. Conditional Use Permit. In approving conditional use permits in the F-2 Zone, the Planning Commis- sion shall be guided by the standards established in the F-1 Zone except that subsections 2(a), 2(b) and 2(c) need not be applicable. 3. Repeal. It is intended that this district sup- plemental to the basic underlying land use zone or zones will be repealed by the City Council in those areas when, in the opinion of the City En- gineer, the flood hazard has been eliminated by reason of a change of conditions. SECTION II. This ordinance will take effect and be in full force on the thirty-first day from and after its passage and approval. PASSED AND ADOPTED by the City Council of the City of National City, California, this ' lth day of October 66 19 , by the following vote, to -wit: AYES: Colburn, Harris, Hogue, Reid, Morgan Councilmen None NAYS: Councilmen ABSENT: None ATTEST: City Clerk I hereby approve the foregoing Mayor of the Ci y f Na.:nal Ci•-, California Rt rthis llth Orclirunve, day of October 19 66 Mayor of the City of Nati al City, California I hereby certify that the above and foregoing is a full and true copy of RVIOrddininan� No 1136 { ance sotortios of the Ordinances } 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 llth day of October Tone Minogue 19 tt City Clerk of the City of National City, California. Deputy