HomeMy WebLinkAboutCC ORD 2011-2370 Amend Title 18 Zoning Overlay ZonesORDINANCE NO. 2011 — 2370
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY AMENDING TITLE 18 (ZONING) OF
THE NATIONAL CITY MUNICIPAL CODE BY AMENDING
SECTION 18.29.070 PERTAINING TO OVERLAY ZONES
BE IT ORDAINED that the City Council hereby amends Chapter 18.29 of the
National City Municipal Code by amending, Section 18.29.070 to read as follows:
18.29.070 F000dwav (-FW), floodwav fringe (-FF-1), and floodwav fringe shallow
flooding (-FF-2) zones.
A. 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:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in areas of special
flood hazard;
6. Help maintain a stable tax base by providing for the second use and
development of areas of special flood hazard so as to minimize future flood blight areas;
7. Ensure that potential buyers are notified that property is in an area of
special flood hazard; and
8. Ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
B. Methods of Reducing Flood Losses. In order to accomplish its purposes, this
chapter includes methods and provisions to:
1. 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;
2. Require that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels and
natural protective barriers, which help accommodate or channel floodwaters;
4. Control filling, grading, dredging, and other development which may
increase flood damage; and
5. Prevent or regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards in other areas.
C. 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 man-made 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, 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.
D. 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.
E Definitions. Unless specifically defined below, or in 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.
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 "one hundred 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 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, 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
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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.
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" means the individual appointed to
administer and enforce the floodplain management regulations. This individual shall be the
city engineer of the 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 floodplain, 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.
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28. "F000dway fringe" means that area of the floodplain on either side of
the "regulatory floodway" where encroachment may be permitted.
29. "Fraud and victimization," as related to subsection Z (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 subsection Z (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
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.
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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 nonelevation 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 the ordinance codified in this chapter.
43. "Obstruction" means and 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" — 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 subsection Z (Conditions for
exceptions) 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. Four hundred square feet or less when measured at the largest
horizontal projection;
light -duty truck; and
c. Designed to be self-propelled or permanently towable by a
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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" means and 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 one hundred eighty 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 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
aboveground. 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 fifty 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 fifty percent of the market value of the structure before the "start of construction" of
the improvement. This term includes structures which have incurred "substantial damage,"
regardless of the actual 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
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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.
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.
F. Lands to which Chapter Applies. This chapter shall apply to all areas of
special flood hazards within the jurisdiction of National City.
G. Basis for Establishing the Areas of Special Flood Hazard. The areas of
special flood hazard as shown on the special flood hazard map as floodway (FW), floodway
fringe (FF-1), and floodway fringe -shallow flooding (FF-2) 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 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.
H. 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 from taking such lawful action as is necessary to prevent
or remedy any violation.
Interpretation. In the interpretation and application of this chapter, all
provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the city; and
3. Deemed neither to limit nor repeal any other powers granted under
state statutes.
J. Severability. This chapter and the various parts thereof are declared to be
severable. Should any section of this chapter be declared by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion
thereof other than the section so declared to be unconstitutional or invalid.
K. Floodway Zone (FW) Established. There is established, on the special flood
hazard map, 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.
L. Floodway Fringe Zone (FF-1) Established. There is established, on the
special flood hazard map, a designated floodway fringe zone. The FF-1 zone shall be applied
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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).
M. Floodway Fringe — Shallow Flooding Zone (FF-2) Established. There is
established, on the special flood hazard map, 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).
N. 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:
1. Anchoring.
a. 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.
b. All manufactured/mobile homes shall meet the anchoring
standards of subsection Q.
2. Construction Materials and Methods. All new construction and
substantial improvements shall be constructed:
a. With materials and utility equipment resistant to flood damage;
b. Using methods and practices that minimize flood damage;
c. 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
d. 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.
3. Elevation and Floodproofing. (See subsection E definitions for "new
construction," "substantial damage" and "substantial improvement.")
a. Residential construction, new or substantial improvement, shall
have the lowest floor, including basement:
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;
ii. In an A zone, elevated at least one foot above the base
flood elevation, as determined by the city;
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.
b. Nonresidential construction shall either be elevated to conform
with subsection 3 a of this section or together with attendant utility and sanitary facilities:
Be completely floodproofed below the elevation
recommended under subsection 3 a of this section so that the structure is watertight with
walls substantially impermeable to the passage of water; and
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ii. Have structural components capable of resisting
hydrostatic and hydrodynamic Toads and effects of buoyancy; and
Be certified by a registered professional civil engineer
that the standards of this subsection 3 b of this section are satisfied. Such certification shall
be provided to the floodplain administrator.
c. 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:
Be certified by a registered professional civil engineer;
or
ii. Be certified to comply with a local floodproofing
standard approved by the Federal Insurance Administration, Federal Emergency
Management Agency; or
Have a minimum of two openings having a total net
area of not Tess 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.
d. Manufactured homes shall also meet the standards in
subsection 3 c of this section and subsection Q.
4. Storage of Material and Equipment.
a. 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.
b. 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.
O. Standards for Utilities.
1. All new and replacement water supply and sanitary sewage systems
shall be designed to minimize or eliminate:
a. Infiltration of floodwaters into the systems; and
b. Discharge from the systems into floodwaters.
2. On -site waste disposal systems shall be located to avoid impairment to
them, or contamination from them during flooding.
P. Standards for Subdivisions.
1. All preliminary subdivision proposals shall identify the flood hazard
area and the elevation of the base flood.
2. 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.
3. All subdivision proposals shall be consistent with the need to minimize
flood damage.
4. All subdivision proposals shall have public utilities and facilities such
as sewer, gas, electrical and water systems located and constructed to minimize flood
damage.
5. All subdivisions shall provide adequate drainage to reduce exposure to
flood hazards.
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Q. Standards for Manufactured Homes/Mobile Homes.
1. 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:
a. Outside of a manufactured home park or subdivision;
b. In a new manufactured home park or subdivision;
c. In an expansion to an existing manufactured home park or
subdivision; or
d. 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.
2. 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 subsection A of
this section shall be elevated so that either:
a. The lowest floor of the manufactured home is at least one foot
above the base flood elevation; or
b. The manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equivalent strength that are no less than thirty-
six inches in height above grade and shall be securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement.
3. 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:
a. 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
Tess than fifty feet long requiring only one additional tie per side;
b. Frame ties be provided at each corner of the home with five
additional ties per side at intermediate points, with mobile homes less than fifty feet long
requiring only four additional ties per side;
c. All components of the anchoring system be capable of carrying
a force of four thousand eight hundred pounds; and
d. Any additions to the mobile home shall be similarly anchored.
R. 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 one hundred eighty 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 subsection T of this chapter and the
elevation and anchoring requirements for manufactured homes in subsection Q 1 a.
S. F000dways (FW). Located within areas of special flood hazard established in
subsection G are areas designated as floodways to which the following provisions apply:
1. 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.
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Ordinance No. 2011-2370
Amending Section 18.29.070
Overlay Zones
2. If subsection S 1 is satisfied, all new construction, substantial
improvements, and other new development shall comply with all other applicable flood
hazard reduction provisions of subsections N through S and require approval of a Conditional
Use Permit pursuant to Title 18 of the National City Municipal Code. (Ord. 2107 § 1 (part),
1996)
T. 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
subsection G. 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:
1. Identify and describe the work to be covered by the permit for which
application is made;
2. 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;
3. Indicate the use or occupancy for which the proposed work is
intended;
4. Be accompanied by plans and specifications for proposed
construction;
5. Be signed by the permittee or his authorized agent who may be
required to submit evidence to indicate such authority;
6. 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;
7. Proposed elevation in relation to mean sea level to which any structure
will be floodproofed, if required in subsection N 3 c;
8. All appropriate certifications listed in subsection V 5 of this chapter;
9. Description of the extent to which any watercourse will be altered or
relocated as a result of the proposed development;
10. Give such other information as reasonably may be required by the
floodplain administrator, including but not limited to:
a. 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,
b. 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,
c. Profile showing the slope of the bottom of the channel or flow
line of the stream;
11. Evidence of prior or concurrent approval of any Conditional Use Permit
which may be required by subsection V for alteration of watercourses.
U. Designation of the Floodplain Administrator. The city engineer is appointed to
administer, implement and enforce this chapter by granting or denying development permits
in accord with its provisions.
V. Duties and Responsibilities of the Floodplain Administrator. The duties of the
floodplain administrator shall include, but not be limited to the following:
1. Permit Review. Review all development permits to determine that:
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Ordinance No. 2011-2370
Amending Section 18.29.070
Overlay Zones
a. Permit requirements of this chapter have been satisfied;
b. All other required state and federal permits have been
obtained;
c. The site is reasonably safe from flooding; and
d. 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.
2. Review and Use of any Other Base Flood Data. When base flood
elevation data have not been provided in accordance with subsection G, 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
subsections N through S, inclusive. Any such information shall be submitted to the city for
adoption.
3. Information to be Obtained and Maintained.
a. 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;
b. For all new or substantially improved flood -proofed structures:
Verify and record the actual elevation (in relation to
mean sea level); and
ii. Maintain the floodproofing certifications required in
subsection 3 a b and c of subsection N, part 2 of subsection P, and part 1 of subsection S;
c. Maintain for public inspection all records pertaining to the
provisions of this chapter.
4. 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:
a. Notification of adjacent communities and the California
Department of Water Resources prior to alteration or relocation;
b. Submission of evidence of such notification to the Federal
Insurance Administration, Federal Emergency Management Agency;
c. Assurance that the flood carrying capacity within the altered or
relocated portion of said watercourse is maintained;
d. The new channel shall be completed before the old channel is
abandoned.
5. Documentation of Floodplain Development. Obtain and maintain for
public inspection and make available as needed the following:
a. Certification required by subsection N 3 a (floor elevations);
b. Certification required by subsection N 3 b (elevation or
floodproofing of nonresidential structures);
c. Certification required by subsection N 3 c (wet floodproofing
standard);
d. Certification of elevation required by subsection P 2
(subdivision standards);
e. Certification required by subsection S 1 (floodway
encroachments).
6. Remedial Action. Take action to remedy violations of this chapter as
specified in subsection H.
7. Base Flood Elevation changes due to physical alterations:
a. Within 6 months of information becoming available or project
completion, whichever comes first, the floodplain administrator shall submit or assure that the
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Ordinance No. 2011-2370
Amending Section 18.29.070
Overlay Zones
permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision
(LOMR)
b. All LOMR's for flood control projects are approved prior to the
issuance of building permits. Building Permits must not be issued based on Conditional
Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed
flood control project and land preparation as specified in the "start of construction" definition.
Such submissions are necessary so that upon confirmation of those physical changes
affecting flooding conditions, risk premium rates and floodplain management requirements
are based on current data.
8. Changes in corporate boundaries: Notify FEMA in writing whenever
the corporate boundaries have been modified by annexation or other means and include a
copy of a map of the community clearly delineating the new corporate limits.
W. Map Determination. The boundaries of the FW, FF-1 and FF-2 zones shall be
determined by the scale contained on the special flood hazard 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 this Title based upon:
1. The recommendation of the floodplain administrator; and
2. A review of the Flood Hazard Boundary Maps adopted by reference
and declared to be a part of this chapter; and
3. Technical evidence which may be presented by the applicant.
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 subsection
X.
X. 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 this Title.
Y. EXCEPTIONS.
1. 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
this Title.
2. 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:
a. Danger that materials may be swept onto other lands to the
injury of others;
b. Danger to life and property due to flooding or erosion damage;
c. 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;
d. Importance of the services provided by the proposed facility to
the community;
e. Necessity to the facility of a waterfront location where
applicable;
f. Availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
g. Compatibility of the proposed use with existing and anticipated
development;
h. Relationship of the proposed use to the comprehensive plan
and floodplain management program for that area;
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Ordinance No. 2011-2370
Amending Section 18.29.070
Overlay Zones
Safety of access to the property in times of flood for ordinary
and emergency vehicles;
j. Expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters expected at the site; and
k. 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.
3. Any applicant to whom an exception is granted shall be given written
notice over the signature of a community official that:
a. The issuance of an exception to construct a structure below the
base flood level will result in increased premium rates for flood insurance; and
b. Such construction below the base flood level increases risks to
life and property.
c. 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.
4. 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.
Z. Conditions for Exceptions.
1. 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, providing items in subsections N through U, 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.
2. Exceptions may be issued for the repair or rehabilitation of "historic
structures" (as defined in subsection E 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.
3. Exceptions shall not be issued within any mapped regulatory floodway
if any increase in flood levels during the base flood discharge would result.
4. 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.
5. Exceptions shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the exception would result
in exceptional hardship to the applicant; and
c. 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 subsection E of
this chapter, or conflict with existing local laws or ordinances.
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Ordinance No. 2011-2370
Amending Section 18.29.070
Overlay Zones
6. 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 subsection Z 1-5 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.
7. Upon consideration of the factors of subsection Y 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.
AA. Fees.
1. A nonrefundable fee as established in the fee schedule adopted by the
city shall be paid to the city at the time of filing an application for a development permit
pursuant to subsection T.
2. A nonrefundable fee as established in the fee schedule adopted by the
city shall be paid to the city at the time of filing an appeal pursuant to subsection X.
3. A nonrefundable fee as established in the fee schedule adopted by the
city shall be paid to the city at the time of filing for an exception pursuant to subsection Y.
PASSED AND ADOPTED this 15th day of November, 2011.
ATTEST:
Mich el R. Dalla,'City Clerk
PROVE ILi TO FOM:
audia
City Atto
15
on Morrison, Mayor
Ordinance No. 2011-2370
Amending Section 18.29.070
Overlay Zones
Passed and adopted by the Council of the City of National City, California, on
November 15, 2011 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
irj%
City Clerk of the City f 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 November 1, 2011 and on November 15, 2011.
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. 2011-2370 of the City Council of the City of National City, passed
and adopted by the Council of said City on November 15, 2011.
City Clerk of the City of National City, California
By:
Deputy