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HomeMy WebLinkAboutPlanning Commission Staff Report with attachmentsTitle: Item no. 6 October 17, 2011 vconpdpATED CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — AMENDMENT TO TITLE 18 (ZONING) CHAPTER 18.29 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO OVERLAY ZONES Case File No.: 2011-25 A Location: Citywide Staff report by: Martin Reeder, AICP — Assistant Planner Environmental review: Not a project under CEQA (no physical change) BACKGROUND The Flood Insurance and Mitigation Administration (FIMA), a component of the Federal Emergency Management Agency (FEMA), manages the National Flood Insurance Program (NFIP). The NFIP makes Federally -backed flood insurance available to homeowners, renters, and business owners in flood prone communities, of which the City of National City is one. The City joined the NFIP in 1979 and has 120 flood insurance policies in effect. The State Department of Water Resources (DWR), acting on behalf of FEMA, conducted a Community Assistance Visit in July of this year to audit the City's participation in the NFIP and provided comments. Although the City received good feedback from DWR, it was determined that additional language was needed in the Land Use Code to fully implement the NFIP. On October 4, 2011 the City Council initiated a Code Amendment that is intended to clean up the Land Use Code. Since adopting the new code in June of this year there have been various discrepancies and typographic issues that need to be remedied. Although the amendment will ultimately cover much more than just the Overlay Zones chapter, Development Services staff is attempting to fast -track this particular section amendment so as to comply with FEMA/DWR requirements. The remaining items to be amended will follow at a later date. Proposal The general purpose of this amendment is to add specific language to Chapter 18.29.070 — Floodway (-FW), Floodway Fringe (-FF-1), and Floodway Fringe -Shallow Flooding (-FF-2) Zones — of the Land Use Code identified by the above -mentioned Community Assistance Visit. As part of this amendment, staff has also included clean up items for this code section (e.g., typographic errors, inconsistencies, etc). A strike- through/underline copy of the code section to be amended is attached for your review. Analysis The required changes must be made in order for the City to continue to be in compliance with its NFIP responsibilities, and for National City residents to continue to be able to obtain flood insurance. The specific language is located in 18.29.070 (V) as new subsections 6 and 7. The language refers to duties and responsibilities of the floodplain administrator and notifications that need to be transmitted to FEMA. The amendment is consistent with General Plan policy in that the Plan discusses potential flood hazards and protection from such. The Safety Element of the General Plan - Flood Hazards and Inundation contains Policy S-2.4, which reads as follows: Policy S-2.4: Adopt regulations that limit the risk of loss to reasonable levels within mapped floodplain hazard areas or areas subject to potential inundation by levee failure, dam failure, or as the result of a tsunami. The National Flood Insurance Program is an example of such a regulation, and amendment of the Land Use Code in order to continue NFIP compliance would be consistent with this policy. RECOMMENDATION Recommend approval of the Amendment to Section 18.29 of the Land Use Code based on the attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Existing Land Use Code Chapter 18.29.070 — Floodway (-FW), Floodway Fringe (- FF-1), and Floodway Fringe -Shallow Flooding (-FF-2) Zones 3. Draft Changes to Title 18, Chapter 18.29.070 of the Municipal Code 4. FEMA Community Visit Report 5. Public Notice (published in the San Diego Union -Tribune, not mailed) MARTIN REEDER MARYAM BABA Assistant Planner Director of Development Services RECOMMENDED FINDINGS FOR APPROVAL OF AN AMENDMENT TO TITLE 18 (ZONING) CHAPTER 18.29 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO OVERLAY ZONES CASE FILE 2011-25 A 1. That the proposed amendment is in the public interest and is consistent with General Plan policy, as the General Plan calls for the adoption of regulations that limit the risk of loss to reasonable levels within mapped floodplain hazard areas or areas subject to potential inundation by levee failure, or as the result of a tsunami. 2. That the proposed amendment will allow the City's continued enforcement of National Flood Insurance Program (NFIP) regulations, ensuring National City's good standing and guaranteed availability of flood insurance coverage for residences that are in flood hazard areas. 2. When located on a lot adjoining another residential use, mobile home parks shall be permanently screened from such adjoining property by a fence or wall and suitable landscaping, adjacent to or opposite the other residential use. E. Discontinuance Procedures 1. The application for discontinuance of a mobile home park shall be accompanied by: a. A relocation plan to provide for the tenants who will be displaced by the discontinuance of the property as a mobile home park or the conversion of mobile home spaces to other uses. b. A phasing plan indicating the timing and manner in which the existing mobile home units will be discontinued. 18.29.070 FLOODWAY (-RN), FLOODWAY FRINGE (-FF-1), AND FLOODWAY 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. Ordinance No. 2011-2362 93 Amending Title 18 — Land Use Code 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 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. Ordinance No. 2011-2362 94 Amending Title 18 — Land Use Code 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. 28. "Floodway 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 Section .30.260 (Conditions for exceptions) of this chapter, means that the exception granted must not cause f d r 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 dose 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 Section 8.30.26 (Conditions for exceptions) of this chapter, means the unusual hardship that would result fro re 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 Ordinance No. 2011-2362 95 Amending Title 18 — Land Use Code 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. 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 Section 18.30.260 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 Ordinance No. 2011-2362 96 Amending Title 18 - Land Use Code 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; c_ Designed to be self-propelled or permanently towable by a light -duty truck; and 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, A1—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 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. Ordinance No. 2011-2362 97 Amending Title 18 — Land Use Code 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. 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. Ordinance No. 2011-2362 98 Amending Title 18 — Land Use Code 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). 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 Section 18.30.170. 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 Section 18.30.050 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 A zone, elevated at least one foot above the base flood elevation, as determined by the city; iii. 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 (C)(1) of this section or together with attendant utility and sanitary facilities: i. Be completely floodproofed 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 (C)(2) of this section are satisfied. Such certification shall be provided to the floodplain administrator. c. AiI 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 Ordinance No. 2011-2362 99 Amending Title 18 — Land Use Code 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 floodproofing 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 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 (C)(3) of this section and Section 18.30.170. 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. 0 - 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. 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. Ina 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 Ordinance No. 2011-2362 100 Amending Title 18 — Land Use Code 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 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 less than fifty feet long requiring only four additional ties per side; c. An 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 Section 18.30.200 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 18.30.170A. S - FLOODWAYS (FW). Located within areas of special flood hazard established in Section 18.30.070 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. 2. If Section 18.30.190A is satisfied, all new construction, substantial improvements; and other new development shall comply with all other applicable flood hazard reduction provisions of Sections 18.30.140 through 18.30.190 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 Section 18.30.070_ 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; Ordinance No. 2011-2362 101 Amending Title 18 — Land Use Code 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 Section 18.30.140(C)(3); 8. All appropriate certifications listed in Section 18.30.220E 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; K. Evidence of prior or concurrent approval of any conditional use permit which may be required by Section 18.30.220 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: 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 Section 18.30.070, 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 Sections 18.30.140 through 18.30.190, 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 floodproofing certifications required in subsection (C)(1), (2) and (3) of Section 18.30.140, subsection B of Section 18.30.160, and subsection A of Section 18.30.190; 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; Ordinance No. 2011-2362 102 Amending Title 18 — Land Use Code 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 Section 18.30.140(C)(1) (floor elevations); b. Certification required by Section 18.30.140(C)(2) (elevation or floodproofing of nonresidential structures); c. Certification required by Section 18.30.140(C)(3) (wet floodproofing standard); d. Certification of elevation required by Section 18.30.160B (subdivision standards); e. Certification required by Section 18.30.190A (floodway encroachments). 6. Remedial Action. Take action to remedy violations of this chapter as specified in Section 18.30.080. 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 Section 18.30.240. 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; 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. Ordinance No. 2011-2362 103 Amending Title 18 - Land Use Code 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 Tots with existing structures constructed below the base flood level, providing items in Sections 18.30.140 through 18.30.210, 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 Section 18.30.050 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 Section 18.30.050 of this chapter, or conflict with existing local laws or ordinances. 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 Section 18.30.260A 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 Section 18.30.250 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 Section 18.30.200. 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 Section 18.30.240. 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 Section 18.30.250. Ordinance No. 2011-2362 104 Amending Title 18 — Land Use Code Deletion Addition 18.29.070 FLOODWAY (-FW), FLOODWAY FRINGE (-FF-1), AND FLOODWAY 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 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. 28. "Floodway 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 1 0 (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 18 30.260 (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. 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 Tots 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 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 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 18.30.260 (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; c. Designed to be self-propelled or permanently towable by a light -duty truck; and 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, A1—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 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 F000dway 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. 1 - 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). 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 1-8.30.170. 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 18.30.050 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 A zone, elevated at least one foot above the base flood elevation, as determined by the city; iii. 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 (-C)(1) of this section or together with attendant utility and sanitary facilities: i. Be completely floodproofed below the elevation recommended under subsection 3 a (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 (S)(2) 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 floodproofing 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 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 (G)-(3) of this section and subsection Q 18.30.170. 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. 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 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 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 18,30.200 of this chapter and the elevation and anchoring requirements for manufactured homes in subsection Q 1 a 18.30.170A. S - FLOODWAYS (FW). Located within areas of special flood hazard established in subsection G 18.30.070 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. 2. If subsection S 1 18.30.190A is satisfied, all new construction, substantial improvements, and other new development shall comply with all other applicable flood hazard reduction provisions of subsections N 18.30.110 through S 18.30.190 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 18.30.070. 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 18.30.1'0(C)(3); 8. All appropriate certifications listed in subsection V 5 18.30.220E 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; K. Evidence of prior or concurrent approval of any Conditional Use Permit which may be required by subsection V 18.30.220 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: 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 18.30.070, 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 18.30.110 through S 18.30.190, 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 floodproofing certifications required in subsection 3 a b and c (C)(1), (2) and (3) of subsection N 18.30.1'10, part 2 subsection B of subsection P a-8 0.160, and part 1 subsection A of subsection S -1-8.39.90; 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 18.30.1'10(C)(1) (floor elevations); b. Certification required by subsection N 3 b 18.30.1'0(C)(2) (elevation or floodproofing of nonresidential structures); c. Certification required by subsection N 3 c 18.30.1'10(C)(3) (wet floodproofing standard); d. Certification of elevation required by subsection P 2 18.30.160B (subdivision standards); e. Certification required by subsection S 1 18.30.190A (floodway encroachments). 6. Remedial Action. Take action to remedy violations of this chapter as specified in subsection H 18.30.080. 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 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 18.30.240. 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; 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 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 18.30.110 through U 18.30.210, 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 1-8-30.050 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 18.30.050 of this chapter, or conflict with existing local laws or ordinances. 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 18.30.260A 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 18.30.250 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 18.30.200. 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 18.30.240. 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 18.30.250. STATE OF CALIFORNIA - CALIFORNIA NATURAL RESOURCES AGENCY EDMUND G. BROWN JR., Governor DEPARTMENT OF WATER RESOURCES SOUTHERN REGION OFFICE 770 FAIRMONT AVENUE, SUITE 102 LENDALE, CA 91203-1035 Honorable Ron Morrison Mayor of the City of National City 1243 National City .Boulevard National City, California 91950 Dear Mayor Morrison: OCT 0 3 2011 rrl Thank you for the cooperation and courtesy extended to Salomon Miranda of rr� staff v during our Community Assistance Visit in your community on Wednesday, Jut 0, 2011.:-! We hope the meeting was as useful and informative for your community's floodplain management staff as it was for us. The purpose of the CAV is to provide information and assistance about the National Flood Insurance Program. On behalf of the Federal Emergency Management Agency, commend your staff for their conscientious efforts in implementing the NFIP. Continued enforcement of the NFIP regulations will ensure your community's good standing in the NFIP and guarantee availability of flood insurance coverage for residences that are in flood hazard areas. A copy of your Community Visit Report is enclosed for your review and action. Our CAV revealed that the City's floodplain regulations needed to be updated to bring your community's floodplain management program into compliance with NFIP requirements. After the CAV meeting, City staff drafted a new ordinance that meets the NFIP regulations. With its adoption, the community will be in full compliance with the minimum National Flood Insurance Program requirements as specified in Title 44, Code of Federal Regulations, Sections 59, 60.3 through 60.6. Please submit to this office two certified copies of the approved ordinance for our records. On behalf of FEMA, I commend your staff for their excellent work in preparing the ordinance. This concludes DWR's role in this Community Assistance Visit with your community. If you have any questions concerning this letter or any aspect of the NFIP, please contact Mr. Salomon Miranda of my staff at (818) 500-1645 extension 245 or at salomon@water.ca.gov. I can be reached at (818) 500-1645 extension 222. Sincerely, ORIGINAL SIGNED BY: Mark Stuart Mark Stuart, Chief Southern Region Enclosure Honorable Ron Morrison Page 2 cc + enclosures: Ms. Maryam Babaki, Director of Development Services/City Engineer City of National City 1243 National City Boulevard National City, California 91950 Mr. Charles Nissley, Senior Engineer Tech City of National City 1243 National City Boulevard National City, California 91950 Ms. Barby Tipton, Management Analyst City of National City 1243 National City Boulevard National City, California 91950 bcc (email): Mr. Robert Durrin, Planner Federal Emergency Management Agency Region IX robert.durrinAdhs.gov Ms. Cynthia McKenzie, Senior Planner Federal Emergency Management Agency Region IX cynthia.mckenzie cnr,dhs.gov Mr. William Hom CA Department of Water Resources Floodplain Assistance Section Division of Flood Management billh(a�water.ca.gov FEDERAL EMERGENCY MANAGEMENT AGENCY COMMUNITY VISIT REPORT SECTION 1. NAME OF COMMUNITY National City 2. STATE California 3. COMMUNITY ID NUMBER 060293 4. COUNTY San Diego 5. VISIT CONDUCTED BY Salomon Miranda 6. AGENCY California Department of Water Resources 7. DATE OF VISIT July 20, 2011 SECTION II 8. NAME OF LOCAL OFFICIAL Maryam Babaki, City Engineer 9. TELEPHONE NUMBER (619) 336-4383 10. ADDRESS OF LOCAL OFFICIAL 1243 National City Boulevard, National City, California 91950 SECTION III- FINDINGS PART A QUESTIONS - Select appropriate response RESPONSE Serious Minor None 1. Are there problems with the community's floodplain management regulations? X 2. Are there problems with the community's administrative/enforcement procedures? X 3. Are there any engineering or other problems with the maps or Flood Insurance Study? X 4. Are there any other problems in the community's floodplain management program? X 5. Are there problems with the Biennial Report data? •YES X NO 6. Are there any programmatic issues or problems identified? YES X NO 7. Are there any potential violations of the community's floodplain management regulations? A potential violation or violations has/have been identified. X No violations have been identified. X Actions are being taken on the part of the community to remedy the violation(s) identified during the CAV. OTHER COMMENTS AND INFORMATION X YES NO Page 1 of 6 NATIONAL FLOOD INSURANCE PROGRAM COMMUNITY ASSISTANCE VISIT National City, California July 20, 2011 SECTION 111— FINDINGS (Continued) PART B — NARRATIVE The National Flood Insurance Program (NFIP) is based on an agreement between the federal government and participating communities that have been identified as flood prone. The Federal Emergency Management Agency (FEMA), through the Federal Insurance Administration, makes flood insurance available to the residents of a participating community, provided the community adopts and enforces adequate floodplain management regulations that meet the minimum NFIP requirements. Currently, about 19,000 of the nation's 22,000 cities, towns, counties, and boroughs are members of the NFIP. A Community Assistance Visit (CAV) is a scheduled visit to a NFIP community for the purpose of maintaining periodic contact with the community to evaluate the effectiveness of local floodplain management practices and to offer assistance, if needed. This report describes the findings of the July 20, 2011, CAV for the community of National City and recommends corrective actions where deficiencies were identified. The recommendations, when implemented, will enable your community to comply with the NFIP requirements as specified in Title 44, Code of Federal Regulations. BACKGROUND The City of National City is located in the southwest part of San Diego County. National City was originally part of the 26,000-acre El Rancho de la Nacion, which was purchased in 1868 by Frank Kimball and his brothers. Incorporated in 1887, National City has an area of approximately 9 square miles and has approximately 58,000 residents. National City enjoys a pleasant Mediterranean climate during the summers and cool wet weather during the winter months. The average temperature is 55 degrees Fahrenheit in January and 85 degrees in August. The mean annual precipitation is approximately 10 inches. Page 2 of 6 The major flood sources in National City are the Sweetwater River and Paradise Creek, which have a drainage area of approximately 219 square miles and 5 square miles, respectively. The FEMA's 1988 Flood Insurance Study for National City indicates that large floods occurred in the Sweetwater River drainage area in 1825, 1862, 1884, 1916, 1927, and 1937. In addition to the Sweetwater River and Paradise creek flood threats, National City is exposed to run-off from small tributaries that cause ponding in low-lying areas of the City. National City joined the NFIP on February 15, 1979. According to its Flood Insurance Rate Maps, effective June 19, 1997, the City has AE (with floodways), A, AH, and AO (1' and 3') flood designation zones. There are 120 flood insurance policies in force in National City that carry a total value of $36.9 million in coverage. Since joining the NFIP, the amount of $66,591 has been paid towards 13 reported losses in the community. The Department of Water Resources (DWR) staff performed the previous CAV on August 24, 2006, and asked for the City to: 1) update its floodplain management ordinance in order to meet the minimum NFIP requirements, 2) provide finish floor documentation for 5 structures identified during the floodplain field inspection as potential violations, and 3) submit to FEMA the 2005 Biennial Report. In a transmittal dated December 10, 2007, the City submitted to DWR the lowest floor elevation documentation for the 5 structures, as previously requested. After reviewing this documentation, we concluded that the structures were built in compliance with the NFIP regulations. In addition, the City filed the 2005 Biennial Report with FEMA and drafted a new floodplain management ordinance which met the minimum NFIP requirements. However, the draft ordinance was not submitted to City Council for its adoption. In this CAV, DWR staff has concluded that the community needs to again update its floodplain management ordinance as identified herein. SUPPORT COMMENTS FOR SECTION III — PART A 1. Community's Floodplain Management Regulations The Floodplain Management Ordinance (No. 2010-2362) is found in Chapter 18.30 of the National City Municipal Code. After the recent CAV meeting, DWR staff reviewed the regulations and determined there is a need for an update to meet the minimum NFIP requirements pursuant to the Title 44, Code of Federal Regulations, Sections 59, 60.3-60.6, and 65.3 (CFR). To assist the City in drafting amended floodplain management regulations, DWR staff provided an electronic copy of the current California Model Floodplain Management Ordinance, dated April 2006, to the City's staff for its reference. Page 3 of 6 DWR staff recommends the following updates to the community's floodplain management regulations: • Under Section 18.30.220 Insert requirements to submit new technical data to FEMA within six months of changes in the base flood elevation, pursuant to CFR Section 65.3 (Model Ordinance Section 4.2.D.2-3). 2. Community's Administration/Enforcement Procedures The City Engineer is designated as the Floodplain Administrator pursuant to City's Municipal Code, Section 18.30.210. The City's Development Services Department reviews all building permit applications. The Engineering Division and the Development Services Department identify if a proposed development lies within a Special Flood Hazard Area (SFHA) and ensures compliance with the City's floodplain management regulations. Building and Safety Division is in charge of inspecting all new construction and responding to all residential Code enforcement issues. On June 21, 2011, the City adopted new floodplain management regulations that exceed the minimum standards for developing in the floodplain by adding to the lowest floor elevation one foot of free -board above the Base Flood Elevation (BFE). According to City's Municipal Code, Section 18.30.140, the as -built lowest floor elevation in the SFHA is required to be at least one foot above the BFE for all new residential and non-residential structures and for all substantial improvements. Non- residential structures can also be flood -proofed one foot above the BFE as long as a certification by a registered professional engineer or architect is obtained to demonstrate that the structure is watertight with walls substantially impermeable to water. For AO Zones, the lowest floor elevation is required to be one foot above the BFE or elevated at least three feet above the highest adjacent grade if no depth is specified. All building permits are kept in the City's Development Services Department and Building and Safety Division. 3. Engineering or Other Problems with the Maps or Flood Insurance Study None 4. Other Problems in the Community's Floodplain Management Program None Page 4 of 6 5. Problems with the Biennial Report Data None 6. Programmatic Issues or Problems Identified None 7. Potential Violations Identified or Suspected of the Community's Floodplain Management Regulations During the floodplain field inspection, 2 potential violations were identified: Address: 1540 Plaza Blvd. and 1100 Highland Avenue Suspected Violation: New commercial construction in Zone AO-1' Action Taken: City staff submitted copies of the certified grading plans for both structures, which reflect that the lowest floor elevations are above the graded pad. In addition, proper drainage control was taken into consideration; the pads were filled and compacted to allow surface water to flow away from the perimeter of the structures and drain into the street or into on -site drainage structures without intermediate ponding. OTHER COMMENTS AND INFORMATION a) Flood Mitigation Projects, Issues, or Concerns None b) Executive Order 11988 Floodplain Management None c) Community Action Needed On September 22, 2011, we received from the community a draft ordinance that amends the City's current floodplain regulations, as specified in Section 111, Part A.1 of this Report. Our review indicates that the draft ordinance meets the NFIP regulations and after its adoption the community will be in full compliance with the minimum National Flood Insurance Program requirements as specified in Title 44, Code of Federal Regulations, Sections 59, 60.3 through 60.6. Please submit to DWR two certified copies of the approved ordinance for our records. Page 5 of 6 d) DWR Follow-up Needed File ordinance. e) Other Comments After the CAV meeting, DWR staff provided the City with the following information: 1) Substantial Improvement and Substantial Damage (SI/SD) Desk Reference 2) SI/SD cumulative language information 3) Community Rating System information 4) Flood Insurance information f) Field Inspection Attendee List Salomon Miranda, DWR staff, conducted the field inspection prior to the CAV meeting. g) CAV Meeting Attendee List • Maryam Babaki, City Engineer, City of National City • Charles Nissley, Sr. Engineering Tech, City of National City • Barby Tipton, Management Analyst, City of National City • Salomon Miranda, WR engineer, DWR Date CAV Closed SECTION IV COMPLETED BY THE FEMA REGIONAL OFFICE Initials Salomon Miranda, California Department of Water Resources, Southern Region Page 6 of 6 �11TQUR-cip.A•TsP CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING AN AMENDMENT TO TITLE 18 (ZONING) CHAPTER 18.29 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO OVERLAY ZONES CASE FILE NO: 2011-25 A The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, October 17, 2011, in the City Council Chambers, 1243 National City Blvd., National City, California on a proposed Amendment to the Municipal Code, Chapter 18.29 — Overlay Zones. The general purpose of this amendment is to add language to the Land Use Code required by the Federal Emergency Management Agency (FEMA) in order for citizens to continue to be able to obtain flood insurance in the City of National City. Members of the public are invited to comment. Any person interested in this matter may appear at the above time and place and be heard. Written comments should be received by the Planning Division on or before 12 p.m., October 17, 2011. Planning Division staff may be contacted at 619-336-4310 or planninq(a�nationalcityca.gov. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the public hearing entity conducting the hearing at, or prior to, the public hearing. DEVELOPMENT SERVICES DEPARTMENT MARYAM BABAKI Director of Development Services RESOLUTION NO. 26-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO TITLE 18 (ZONING) CHAPTER 18.29 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO OVERLAY ZONES. APPLICANT: CITY OF NATIONAL CITY. CASE FILE NO. 2011-25 A WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code, Chapter 18.29; and, WHEREAS, the Planning Commission of the City of National City, California, considered said proposed amendment at a duly advertised public hearing held on October 17, 2011, at which time the Planning Commission considered evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2011-25 A, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, this action is taken in an effort to be compliant with applicable State and Federal law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the evidence presented to the Planning Commission at the public hearing held on October 17, 2011, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF AN AMENDMENT TO TITLE 18 (ZONING) CHAPTER 18.29 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO OVERLAY ZONES 1. That the proposed amendment is in the public interest and is consistent with General Plan policy, as the General Plan calls for the adoption of regulations that limit the risk of loss to reasonable levels within mapped floodplain hazard areas or areas subject to potential inundation by levee failure, or as the result of a tsunami. 2. That the proposed amendment will allow the City's continued enforcement of National Flood Insurance Program (NFIP) regulations, ensuring National City's good standing and guaranteed availability of flood insurance coverage for residences that are in flood hazard areas. BE IT FURTHER RESOLVED that based on the findings herein before stated, the Planning Commission hereby recommends approval of said proposed amendment for Council consideration and approval thereafter. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 17, 2011, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Flores, Reynolds, Pruitt, Baca, Farias Alvarado, Delapaz AIRMAN