HomeMy WebLinkAboutCC ORD 2020-2478 Amend Section 18.29.070 FloodwayORDINANCE NO. 2020 — 2478
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING SECTION 18.29.070 (FLOODWAY (-FW), FLOODWAY FRINGE (-FF-1),
AND FLOODWAY FRINGE -SHALLOW FLOODING (-FF-2) ZONES) OF TITLE 18
(ZONING) OF THE NATIONAL CITY MUNICIPAL CODE
WHEREAS, pursuant to the terms and provisions of the California
Government Code, proceedings were duly initiated for the amendment of the National
City Municipal Code (NCMC); and
WHEREAS, on December 16, 2019, a noticed public hearing was held by
the Planning Commission, and all persons interested were given the opportunity to
appear and be heard before the National City Planning Commission; and
WHEREAS, the Planning Commission regularly and duly certified its
report to the City Council of National City and has recommended approval of amending
NCMC Title 18: and
WHEREAS, pursuant to a published 10-day notice of the adoption of said
ordinance, a public hearing was held by the City Council on January 21, 2020, and at
said public hearing, all persons interested were given the opportunity to appear and be
heard before the City Council; and
NOW, THEREFORE, the City Council of the City of National City does
ordain as follows:
Section 1. All protests, if any, against said amendment to the Municipal Code
and each of them be and hereby are denied and overruled.
Section 2. Chapter 18.29.070 is hereby amended to read as follows:
18.29.070 Floodway (-FW), Floodway Fringe (-FF-1), Floodway Fringe Shallow
Flooding (-FF-2), Floodway Fringe Riverine Flooding (-FF-3), and Coastal High Hazard
Flooding (-FF-4) 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 it's most reasonable application.
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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. "Base flood elevation" (BFE) means the elevation shown on the Flood Insurance
Rate Map for Zones AE, AO, A1-30, VE and V1-V30 that indicates the water
surface elevation resulting from a flood that has a 1-percent or greater chance of
being equaled or exceeded in any given year.
10."Basement" means any area of the building having its floor subgrade—i.e., below
ground level —on all sides.
11. "Breakaway walls" are any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other suitable
building material which is not part of the structural support of the building and
which is designed to break away under abnormally high tides or wave action
without causing any damage to the structural integrity of the building on which
they are used or any buildings to which they might be carried by flood waters. A
breakaway wall shall have a safe design loading resistance of not less than 10
and no more than 20 pounds per square foot. Use of breakaway walls must be
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certified by a registered engineer or architect and shall meet the following
conditions:
a. Breakaway wall collapse shall result from a water load less than that which
would occur during the base flood; and
b. The elevated portion of the building shall not incur any structural damage due
to the effects of wind and water loads acting simultaneously in the event of
the base flood.
10. "Building" —see "Structure."
11. "Coastal high hazard area" means an area of special flood hazard extending
from offshore to the inland limit of a primary frontal dune along an open coast
and any other area subject to high velocity wave action from storms or seismic
sources. It is an area subject to high velocity waters, including coastal and tidal
inundation or tsunamis. The area is designated on a Flood Insurance Rate Map
(FIRM) as Zone V1-V30, VE, or V.
12."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.
13. "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.
14. "Exception". See "Variance"
15. "Existing manufactured home/mobile home park or subdivision" means a
manufactured home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes/mobile homes are to be
affixed (including, at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) is completed
before February 15, 1979.
16. "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).
17. "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.
18. "Flood Boundary and Floodway Map (FBFM)" means the official map on which
the Federal Emergency Management Agency or Federal Insurance
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Administration has delineated both the areas of special flood hazards and the
floodway.
19. "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.
20. "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.
21. "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.
22. "Floodplain or flood -prone area" means any land area susceptible to being
inundated by water from any source —see "Flooding."
23. "Floodplain administrator" means the individual appointed to administer and
enforce the floodplain management regulations. This individual shall be the city
engineer of the city.
24. "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.
25. "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 Toss and damage.
26. "Flood -proofing" 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.
27. "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."
28. "Floodway encroachment lines" means the lines marking the limits of floodways
on the effective Flood Insurance Rate Map.
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29. "Floodway fringe" means that area of the floodplain on either side of the
"regulatory floodway" where encroachment may be permitted. These areas are
identified on the effective Flood Insurance Rate Map as 'Zone AE' and 'Zone
AO'
30. "Fraud and victimization," as related to subsection (CC) (Conditions for
variances) of this chapter, means that the variance 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.
31. "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.
32. "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."
33. "Hardship," as related to (CC) (Conditions for variances) of this chapter, means
the unusual hardship that would result from a failure to grant the requested
variance. The planning commission requires that the variance 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 a variance, 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.
34. "Highest adjacent grade" means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
35. "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
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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.
36. "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.
37. "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.
38. "Lowest floor" means the lowest floor of the lowest enclosed area, including
basement. An unfinished or flood resistant enclosure, usable solely for parking of
vehicles, building access or storage in an area other than a basement area (see
"Basement") is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation of the applicable
non -elevation design requirements of this title.
(Note: This definition allows attached garages to be built at grade. Below grade
garages are not allowed as they are considered to be basements).
39. "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."
40. "Manufactured home/mobile home park or subdivision" means a parcel (or
contiguous parcels) of land divided into two or more manufactured home Tots for
sale or rent.
41. "Mean sea level" means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical
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Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on
a community's Flood Insurance Rate Map are referenced.
42. "New construction" for floodplain management purposes means structures for
which the "start of construction" commenced on or after February 15, 1979, and
includes any subsequent improvements to such structures.
43. "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 Tots 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 February 15, 1979.
44. "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.
45. "One hundred year flood" —see "Base flood."
46. "Primary frontal dune" means a continuous or nearly continuous mound or ridge
of sand with relatively steep seaward and landward slopes immediately landward
and adjacent to the beach and subject to erosion and overtopping from high tides
and waves during major coastal storms. The inland limit of the primary frontal
dune occurs at the point where there is a distinct change from a relatively mild
slope.
47. "Principal structure" means a structure used for the principal use of the property
as distinguished from an accessory use.
48. "Public safety and nuisance," as related to subsection (CC) (Conditions for
variances) of this chapter, means that the granting of an variance 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.
49. "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;
c. Designed to be self-propelled or permanently towable by a light -duty truck;
and
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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.
50. "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.
51. "Riverine" means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
52. "Sheet flow" —see "Area of shallow flooding."
53. "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, A1—
A30, AE, A99, AH, V1-V30, VE or V.
54. "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.
55. "Structure" means a walled and roofed building that is principally aboveground.
This includes a gas or liquid storage tank or manufactured/mobile home.
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56. "Substantial damage" means damage of any origin sustained by a structure
whereby the cost of restoring the structure to it's before damaged condition
would equal or exceed fifty percent of the market value of the structure before the
damage occurred.
57. "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
b. Any alteration of a "historic structure" provided that the alteration will not
preclude the structure's continued designation as a "historic structure."
58. "V Zone — see Coastal High Hazard Area.
59. "Variance", as used in this chapter, 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.
60. "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.
61. "Water surface elevation" means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988
(or other datum, where specified), of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
62. "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.
1. No structure or land shall hereafter be constructed, located, extended, converted
or altered without first submitting an application for a flood hazard area
development permit to the flood plain administrator.
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
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(FF-1), and floodway fringe -shallow flooding (FF2) 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 without an further
action by the City Council. 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.
I. Interpretation. In the interpretation and application of this chapter, all provisions shall
be:
a. Considered as minimum requirements;
b. Liberally construed in favor of the city; and
c. 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 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).
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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. Floodway Fringe — Riverine Flooding Zone (FF-3) established. There is established,
on the special flood hazard map, a designated riverine flooding zone. The FF-3 zone
is that area of the floodplain on either side of the "Regulatory Floodway" where
encroachment may be permitted.
O. Floodway Fringe — Coastal High Hazard Flooding Zone (FF-4) established. There is
established, on the special flood hazard map, a designated coastal high hazard
flooding zone. The FF-4 zone shall be applied to those areas of special flood hazard
designated as areas of coastal flooding VE or V on the Flood Insurance Rate Map
(FIRM).
P. Standards Applicable to All Areas of Special Flood Hazard. In all areas of special
flood hazards including the FW, FF-1, FF-2, FF-3, and FF-4 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 (S).
2. Construction Materials and Methods. All new construction and substantial
improvements, including manufactured homes, 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
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.
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3. Elevation and Flood -proofing. (See Section (E) definitions for "new construction,"
"substantial damage" and "substantial improvement.")
a. Residential construction, new or substantial improvement, shall have the
lowest floor, including basement:
i. 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 AE, AH, or A1-30 zones, elevated at least one foot above the base
flood elevation, as determined by the city;
iii. In an A (Unnumbered/Approximate A Zone) Zone, without base flood
elevations specified on the FIRM, elevated at least one foot above the
base flood elevation, as determined by the City;
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:
i. Be completely flood -proofed below the elevation recommended under
subsection (C) (1) of this section so that the structure is watertight with
walls substantially impermeable to the passage of water; and
ii. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
iii. 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:
i. Be certified by a registered professional civil engineer; or
ii. Be certified to comply with a local flood -proofing standard approved by the
Federal Insurance Administration, Federal Emergency Management
Agency; or
iii. Have a minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to flooding.
The bottom of all openings shall be no higher than one foot above
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adjacent natural 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 (S).
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.
Q. 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.
R. Standards for Subdivision.
1. All preliminary subdivision proposals, including proposals for manufactured home
parks and subdivisions, greater than 50 lots or 5 acres, whichever is the lesser,
shall identify the flood hazard area and the elevation of the base flood.
2. All subdivision plans will provide the elevation of the lowest floors of all 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 as part of an application for a Letter of Map
Revision Based on Fill (LOMR-F) 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.
S. Standards for Manufactured Homes/Mobile Homes.
1. All manufactured homes that are placed or substantially improved, within Zones
A1-30, AH, AE, V1-30, VE, or V on the Flood Insurance Rate Map, on sites
located:
a. Outside of a manufactured home park or subdivision;
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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. Within Zones V1-30,
V, and VE on the Flood Insurance Rate map shall meet the requirements of
subsection (R).
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, AE,
V1-30, V, and VE on the Flood Insurance Rate Map that are not subject to the
provisions of subsection A of this section shall be securely fastened to an
adequately anchored foundation system to resist flotation, collapse, and lateral
movement, and 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.
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
less 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 Tess 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.
T. Standards for Recreational Vehicles.
1. All recreational vehicles placed on sites within Zones A1-30, AH, AE, V1-30,
VE, and V on the community's Flood Insurance Rate Map will either:
a. Be on the site for fewer than one hundred eighty consecutive days; or
b. 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
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only by quick disconnect type utilities and security devices, and has no
permanently attached additions; or
c. Meet the permit requirements of subsection (W) of this chapter and the
elevation and anchoring requirements for manufactured homes in subsection
(S)(1)a.
2. Recreational vehicles placed on sites within Zones V1-30, V, and VE on the
community's Flood Insurance Rate Map will meet the requirements of subsection
(R) and subsection (S).
U. Floodways (FW). Located within areas of special flood hazard established in
subsection (G) are areas designated as floodways to which the following provisions
apply:
1. Until a regulatory floodway is adopted in Zone A Areas, no new construction,
substantial development, or other development (including fill) shall be permitted
within Zones A1-30 and AE, unless it is demonstrated that the cumulative effect
of the proposed development, when combined with all other development, will
not increase the water surface elevation of the base flood more than 1 foot at any
point within the City of National City.
2. Within an adopted regulatory floodway, the City of National City shall prohibit
encroachments, including fill, new construction, manufactured homes, substantial
improvements, and other development within Zones A1-30 and AE, unless
certification by a registered professional civil engineer is provided demonstrating
that the proposed encroachment shall not result in any increase in flood levels
during the occurrence of the base flood discharge.
3. If Section (U) 2 is satisfied, all new construction, substantial improvements, and
other new development shall comply with all other applicable flood hazard
reduction provisions of subsections (P) through (U) and require approval of a
Conditional Use Permit pursuant to Title 18 of the National City Municipal Code.
V. — Coastal High Hazard Area. Within coastal high hazard areas, Zones V, V1-30, and
VE, as established under subsection (E) 11, the following standards shall apply:
1. All new residential and non-residential construction, including substantial
improvement/damage, shall be elevated on adequately anchored pilings or
columns and securely anchored to such pilings or columns so that the bottom of
the lowest horizontal structural member of the lowest floor (excluding the pilings
or columns) is elevated to or above the base flood level. The pile or column
foundation and structure attached thereto is anchored to resist flotation, collapse,
and lateral movement due to the effects of wind and water loads acting
simultaneously on all building components. Water loading values used shall be
those associated with the base flood. Wind loading values used shall be those
required by applicable state or local building standards.
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2. All new construction and other development shall be located on the landward
side of the reach of mean high tide.
3. All new construction and substantial improvement shall have the space below the
lowest floor free of obstructions or constructed with breakaway walls as defined
in subsection (E) of this chapter. Such enclosed space shall not be used for
human habitation and will be usable solely for parking of vehicles, building
access or storage.
4. Fill shall not be used for structural support of buildings.
5. Man-made alteration of sand dunes which would increase potential flood damage
is prohibited.
6. The Floodplain Administrator shall obtain and maintain the following records:
a. Certification by a registered engineer or architect that a proposed structure
complies with this section; and
b. The elevation (in relation to mean sea level) of the bottom of the lowest
horizontal structural member of the lowest floor (excluding pilings or columns)
of all new and substantially improved structures, and whether such structures
contain a basement.
W. Establishment of Development Permit. A development permit shall be obtained
concurrently with or before issuance of any building, grading, conditional use, planned
development, planned unit development permit, or site plan approval, including
manufactured homes, 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;
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7. Proposed elevation in relation to mean sea level to which any structure will be
flood -proofed, if required in subsection (P)(3)c;
8. All appropriate certifications listed in subsection (Y)(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 (Y) for alteration of watercourses.
X. 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.
Y. 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:
a. Permit requirements of this chapter have been satisfied; including
determination of substantial improvement and substantial damage of existing
structures;
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.
e. All Letters of Map Revision (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.
2. Review Use and Development 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
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and floodway elevation data available from a federal or state agency or other
source, in order to administer subsections (P) through (U), 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:
i. Verify and record the actual elevation (in relation to mean sea level); and
ii. Maintain the flood -proofing certifications required in subsection (3)a, b,
and c of subsection (P), part (2) of subsection (R), and part (2) of
subsection (U);
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. Base flood elevations are changed 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 permit applicant submits technical or scientific data to FEMA for a Letter
of Map Revision (LOMR).
b. All Letters of Map Revision (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.
6. 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.
7. Documentation of Floodplain Development. Obtain and maintain for public
inspection and make available as needed the following:
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a. Certification required by subsection (N)(3)a (floor elevations);
b. Certification required by subsection (N)(3)b (elevation or flood -proofing of
nonresidential structures);
c. Certification required by subsection (N)(3)c (wet flood -proofing standard);
d. Certification of elevation required by subsection (P)(2) (subdivision
standards);
e. Certification required by subsection (S)(1) (floodway encroachments).
8. Remedial Action. Take action to remedy violations of this chapter as specified in
subsection (H).
Z. Map Determination. The boundaries of the FW, FF-1, FF-2, FF-3 and FF-4 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
(AA).
AA. 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.
BB. Variances.
1. Applications for variances 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 variances, 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;
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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;
i. 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 a variance is granted shall be given written notice over
the signature of a community official that:
a. The issuance of a variance 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 variance actions,
including justification for their issuance, and report such variances issued in
its biennial report submitted to the Federal Insurance Administration, Federal
Emergency Management Agency.
CC. — Conditions for variances.
1. Generally, variances 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 (P)
through (X), inclusive, of this chapter have been fully considered. As the lot size
increases beyond one-half acre, the technical justification required for issuing the
variance increases.
2. Variances 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
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historic structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
3. Variances shall not be issued within any mapped regulatory floodway if any
increase in flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance 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 variances 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. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
c. A determination that the granting of a variance 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.
6. Variances 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 subsections (CC) (1) through
(5) 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 (BB) and the purposes of this
chapter, the planning commission may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this chapter.
8. The floodplain administrator will maintain a record of all variance actions,
including justification for their issuance, and report such variances issued in its
biennial report submitted to the Federal Emergency Management Agency.
DD. 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 (W).
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 (AA).
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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 a variance pursuant to subsection (BB).
Section 3. Severability. If any section, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this ordinance and adopted this Ordinance and each section, sentence,
clause or phrase thereof, irrespective of the fact that any one or more section,
subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Section 4. This Ordinance shall take effect and be in force thirty (30) days
from the date of its passage, and before the expiration of fifteen (15) days after its
passage, it or a summary of it, shall be published once, with the names of the
members of the City Council voting for and against the same in the Star News, a
newspaper of general circulation published in the County of San Diego, California.
PASSED and ADOPTED this 21st day of Jan ary, 202
ATTEST:
/zt Michael R. a, City Clerk
APPROVED AS TO FORM:
Mor -Jones
y Attorney
Zoning Ordinance
NCMC Chapter 18.29.070
Alejandra Sotelo-Solis, Mayor
23 of 23 Ordinance No. 2020 - 2478
January 21, 2020
Passed and adopted by the Council of the City of National City, California, on
January 21, 2020 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS
Mayor of the City of National City, California
City Clerk of the City of National City, California
By:
I HEREBY CERTIFY that a Notice of Public Hearing was given pursuant to Government
Code Section 65090 and Section 65094 in accordance with Government Code Section
6061 by publication in a newspaper of general circulation within the jurisdiction of
National City on January 10, 2020.
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. 2020-2478 of the City Council of the City of National City, passed
and adopted by the Council of said City on January 21, 2020.
By:
City Clerk of the City of National City, California
Deputy