The legislature of the State of California has in California
Government Code Sections 65302, 65560 and 65800 delegated the responsibility
to local governmental units to adopt regulations designed to promote
the public health, safety, and general welfare of its citizenry.
(Ord. 564 § 3, 2019)
A.
The
flood areas of the City are subject to periodic inundation which results
in loss of life and property, health and safety hazards, disruption
of commerce and governmental services, extraordinary public expenditures
for flood protection and relief, and impairment of the tax base, all
of which adversely affect the public health, safety and general welfare.
B.
These
flood losses are caused by the cumulative effect of obstructions in
areas of special flood hazards which increase flood heights and velocities,
and when inadequately anchored, damage uses in other areas. Uses that
are inadequately floodproofed, elevated or otherwise protected from
flood damage also contribute to the flood loss.
C.
The
base flood discharge used for the San Diego River should be at least
45,000 cubic feet per second because of the following:
1.
Two
peak discharges have already occurred which are substantially in excess
of 33,000 cubic feet per second, which is the base flood discharge
for the most recently published flood insurance rate map;
2.
The
County recognizes the 100-year discharge should currently be in the
order of at least 40,000 cubic feet per second;
3.
The
California Department of Transportation (CALTRANS) has for several
years used the maximum discharge of record as the basis for the hydraulic
design of its bridges;
4.
The
Corps of Engineers has estimated that the base flood discharge would
be approximately 45,000 cubic feet per second under so called ultimate
conditions of development.
(Ord. 564 § 3, 2019)
It is the purpose of this chapter to promote the public health,
safety, and general welfare, and to minimize the public and private
losses due to flood conditions in specific areas by provisions designed:
A.
To
protect human life and health;
B.
To
minimize expenditure of public money for costly flood control projects;
C.
To
minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
D.
To
minimize prolonged business interruptions;
E.
To
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;
F.
To
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
blight areas;
G.
To
ensure that potential buyers are notified that property is an area
of special flood hazard; and
H.
To
ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
(Ord. 564 § 3, 2019)
In order to accomplish its purposes, this chapter includes methods
and provisions for:
A.
Restricting
or prohibiting uses which are dangerous to health, safety, and property
due to water or erosion hazards, or which result in damaging increases
in erosion or in flood heights or velocities;
B.
Requiring
that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
C.
Controlling
the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters;
D.
Controlling,
filling, grading, dredging, and other development which may increase
flood damage; and
E.
Preventing
or regulating the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards in other areas.
(Ord. 564 § 3, 2019)
Unless specifically defined in this section, words or phrases
used in this chapter will be interpreted so as to give them the meaning
they have in common usage and to give this chapter its most reasonable
application.
means a request for a review of the Floodplain Administrator's
interpretation of any provision of this chapter or a request for a
variance.
See "Special flood hazard area."
means the flood having a one percent chance of being equaled
or exceed any given year. Also called the "100-year flood."
means any area of the building having its floor subgrade
(below ground level) on all sides.
means the County of San Diego.
means any constructed change to improved or unimproved real
estate, including, but not limited to, mining, dredging, filling,
grading, paving, excavation or drilling operations located within
the area of special flood hazard.
means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured
homes are to be affixed is completed, including, but not limited to,
the installation of utilities, construction of streets, and either
final site grading or pouring of concrete pads.
when used in reference to an existing manufactured home park
or subdivision means the preparation of additional sites by the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed, including the installation of utilities, the construction
of streets, and either the final site grading or the pouring of concrete
pads.
means a general temporary condition of partial or complete
inundation of normally dry land areas from:
The overflow of floodwaters;
The unusual and rapid accumulation of runoff of surface waters
from any source; and/or
The collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining caused
by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated force
of nature, such as flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in flooding
as defined in this definition.
means the official map on which the Federal Insurance and
Mitigation Administration has delineated both the areas of flood hazard
and the floodway.
means the official map dated June 15, 1984, as subsequently
amended, on which the Federal Emergency Management Agency or Federal
Insurance and Mitigation Administration has delineated both the areas
of special flood hazards and the risk premium zones applicable to
the community.
means the official report, dated December 15, 1983 as subsequently
amended and provided by the Federal Emergency Management Agency that
includes flood profiles, the Flood Insurance Rate Map (FIRM), the
Flood Boundary and Floodway Map and the water surface elevation of
the base flood.
means any land area susceptible to being inundated by water
from any source. (See definition of "Flood" or "flooding.")
means the operation of an overall program of corrective and
preventive measures for reducing flood damage, including, but not
limited to, emergency preparedness plans, flood control works and
floodplain management regulations.
means zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as floodplain
ordinances, grading ordinances and erosion control ordinances) and
other applications of police power. The term describes such State
or local regulations in any combination thereof, which provide standards
for the purpose of flood damage prevention and reduction.
means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce and eliminate flood
damage to real estate or improved real estate, water and sanitary
facilities, structures and their contents.
means the channel of a river or other watercourse and the
adjacent land area that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than one foot. The floodway is delineated on the flood boundary
floodway map.
means a plan that incorporates a process, whereby the potential
of future loss due to flooding can be minimized by planning and implementing
alternatives to floodplain management community-wide.
means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
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, 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 chapter.
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.
For floodplain management purposes, the term "manufactured home"
also includes park trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes, the term "manufactured home" does not include
park trailers, travel trailers, and other similar vehicles.
means a parcel or contiguous parcels of land divided into
two or more manufactured home lots for rent or for sale.
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.
means structures for which the start of construction commenced
on or after the effective date of the ordinance codified in this chapter.
means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured
homes are to be affixed is completed on or after the effective date
of the requirements in this chapter, including, but not limited to,
the installation of utilities, construction of streets, and either
final site grading or pouring of concrete pads.
means a flood which has a one percent annual probability
of being equaled or exceeded. It is identical to the "base flood,"
which will be the term used throughout this chapter.
means a vehicle which is:
Built on a single chassis;
400 square feet or fewer when measured at the largest horizontal
projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
means to bring the structure or other development into compliance
with State or local floodplain management regulations, or, if this
is not possible, to reduce the impacts of its noncompliance. Ways
that impacts may be reduced include protecting the structure or other
affected development from flood damages, implementing the enforcement
provisions of this chapter, or otherwise deterring future similar
violations, or reducing Federal financial exposure with regard to
the structure or other development.
means an area having special flood or flood-related erosion
hazards, and shown on an FHBM or FIRM as ZONE A, A0 Al-30, AE, A99,
VE, V or AH.
includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, placement, or other improvement was within
180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure 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 dwellings or not part of
the main structure.
means the State of California.
means a walled and roofed building or manufactured home that
is principally above-ground.
means any repair, reconstruction, or improvement to a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either:
Before the improvement or repair is started; or
If the structure has been damaged and is being restored, before
the damage occurred.
|
For the purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any walls, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
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This term does not, however, include either:
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1.
|
Any project for improvement of a structure to comply with existing
State or local health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions; or
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2.
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Any alteration of a structure listed on the National Register
of Historic Places or a State inventory of historic places.
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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.
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.
(Ord. 564 § 3, 2019)
This chapter applies to all areas of special flood hazards within
the jurisdiction of the City.
(Ord. 564 § 3, 2019)
The engineering analysis entitled "San Diego River Flood
Study," dated July 8, 1992, by BSI Consultants, Inc., based
on Table 11.36.070A, is adopted by reference and declared to be a
part of this chapter, as well as the FIRM dated June 15, 1984, as
amended, and the Flood Insurance Study dated December 15, 1983, as
amended. The flood studies are on file at the City Engineer's
office. The flood studies are 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 City Council by the Floodplain Administrator.
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Table 11.36.070A
City of Santee
Flood Insurance Study
Amended 100-Year Peak Discharge
| |||||
|---|---|---|---|---|---|
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TABLE 1
SUMMARY OF DISCHARGES
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Flooding Source and Location
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Drainage Area (Square Miles)
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Peak Discharges (Cubic Feet per Second): 10-Year*
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Peak Discharges (Cubic Feet per Second): 50-Year*
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Peak Discharges (Cubic Feet per Second): 100-Year
|
Peak Discharges (Cubic Feet per Second): 500-Year*
|
|
San Diego River Mission Dam
|
1
|
5,500
|
19,000
|
50,000
|
112,000
|
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0.7 Mile Downstream from Sycamore Creek
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1
|
5,000
|
17,000
|
49,000
|
112,000
|
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At Confluence with Forester Creek
|
369.0
|
4,500
|
16,000
|
48,000
|
112,000
|
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0.2 Mile Upstream of Cuyamaca Street
|
1
|
3,800
|
15,000
|
46,000
|
108,000
|
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At Cottonwood Avenue Forester Creek—Carlton Hills
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1
|
3,500
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14,000
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45,000
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105,000
|
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Boulevard Overflow At Mission Gorge Road
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N/A
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N/A
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2,400
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3,900**
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10,000
|
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¹
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Data Not Available
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*
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Revisions under study for 10-, 50- and 500-year peak discharges
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**
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Revisions under study for 100-year peak discharge
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(Ord. 564 § 3, 2019)
No structure or land may hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms
of this chapter and other applicable regulations. Violations of the
provisions of this chapter by failure to comply with any of its requirements
including violations of conditions and safeguards established in connection
with conditions, constitutes a misdemeanor. Nothing in this chapter
prevents the City Council from taking such lawful action as necessary
to prevent or remedy any violation.
(Ord. 564 § 3, 2019)
This chapter is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this chapter and any other ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more stringent
restrictions prevails.
(Ord. 564 § 3, 2019)
In the interpretation and application of this chapter, all provisions
are:
A.
Considered
as minimum requirements;
B.
Liberally
construed in favor of the governing body; and
C.
Deemed
neither to limit or repeal any other powers granted under State statutes.
(Ord. 564 § 3, 2019)
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 constructed 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 does not create
liability on the part of the City, any officer or employee thereof,
the State of California, or the Federal Insurance and Mitigation Administration,
for any flood damages that result reliant on this chapter or any administrative
decision lawfully made thereunder.
(Ord. 564 § 3, 2019)
A development permit must be obtained before construction or development begins within any area of special flood hazard established in Section 11.36.070. Application for a development permit must be made on forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate 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:
A.
Proposed
elevation in relation to mean sea level, of the lowest habitable floor
(including basement) of all structures;
B.
Proposed
elevation in relation to mean sea level to which any structure will
be floodproofed;
C.
All appropriate certifications listed in Section 11.36.140(C);
D.
Developer must file statement with the County Recorder's office that the development which has occurred within existing areas of special flood hazard, as identified in Section 11.36.070, will have significantly higher rates for flood insurance, for future property owners within the development, than the rates for developments outside the special flood hazard zone;
E.
Description
of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
(Ord. 564 § 3, 2019)
The Director of Engineering is appointed to administer and implement
this chapter by granting or denying development permit applications
in accordance with its provisions.
(Ord. 564 § 3, 2019; Ord. 612 § 2, 2023)
The duties and responsibilities of the administrator include,
but are not limited to:
A.
Permit
Review.
1.
Review
of all development permits to determine that the permit requirements
of this chapter have been satisfied;
2.
Review
of all permits to determine that the site is reasonably safe from
flooding;
3.
All
other required State and Federal permits have been obtained;
4.
The
proposed development does not adversely affect the carrying capacity
of areas where base flood elevations have been determined but a floodway
has not been designated. This means that the cumulative effect of
the proposed development when combined with all other existing and
anticipated development will not increase the water surface elevation
of the base flood more than one foot at any point within the City;
and
5.
All
letters of map revision (LOMRs) 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 (CLOMRs). Approved
CLOMRs allow construction of the proposed flood control project and
land preparation as specified in the "start of construction"
definition.
B.
Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 11.36.070, the Director is authorized to obtain, review, and reasonably utilize the best base flood data available from any legally authorized source: Federal, State, or other; such as high water mark(s), floods of record, or private engineering reports, in order to administer Section 11.36.150 and provide the developer with an estimated base flood elevation. Any such information must be submitted to the City for adoption.
1.
Single
parcels will be required to elevate the lowest floor of any residential
structure to no less than two feet above natural grade when base flood
data does not exist. Nonresidential structures may elevate or floodproof
to meet this standard.
C.
Information
to Be Obtained and Maintained. The administrator is directed to obtain
and maintain for public inspection and make available as needed for
flood insurance policies:
1.
The certification required in Sections 11.36.150(C), 11.36.180(B), 11.36.180(E) and 11.36.190(A); and
2.
Certification
of the elevation of the lowest floor, floodproofed elevation, or the
elevation of the structure's lowest horizontal member is required
at the point where the footings are set and slab poured. Failure to
submit elevation certification constitutes cause to issue a stop-work
order for the project. As-built plans certifying the elevation of
the lowest adjacent grade area also required.
D.
Alteration
of Watercourses. It is the responsibility of the Floodplain Administrator
to:
1.
Notify
adjacent communities and the State Department of Water Resources prior
to any alteration or relocation of a watercourse, and, within six
months of information becoming available or project completion, whichever
is first, submit or assure that a permit applicant submits technical
or scientific data to the Federal Emergency Management Agency for
a letter of map revision;
2.
It
is required that the flood-carrying capacity of the altered or relocated
portion of such watercourse be maintained by the community.
E.
Determinations. The Administrator will provide interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary must be given a reasonable opportunity to appeal the interpretation as provided in Sections 11.36.210 and 11.36.220.
F.
Maintenance
of Flood Protection Measures. The maintenance of any and all flood
protection measures (levees, dikes, dams or reservoirs) will be required
of the jurisdiction where such measures provide protection. If these
measures are privately owned, an operation or maintenance plan will
be required of the owner to be on file with the Director. The community
is required to acknowledge all maintenance plans by the adoption of
such plans by ordinance.
G.
Hazard
Mitigation Plan. The local agency or board responsible for reviewing
all proposals for new development must weigh all requests for future
floodplain development against the community's General Plan.
Consideration of the following elements is required before approval:
(Ord. 564 § 3, 2019)
In all areas of special flood hazard, the following standards
are required:
A.
Anchoring.
1.
All
new construction and substantial improvements must be anchored to
prevent flotation, collapse or lateral movement of the structure;
2.
All manufactured homes must meet the anchoring standards of Section 11.36.190(A).
B.
Construction
Materials and Methods.
1.
All
new construction and substantial improvements must be constructed
with materials and utility equipment resistant to flood damage;
2.
All
new construction and substantial improvements must use methods and
practices that minimize flood damage;
3.
All
elements that function as a part of the structure, such as furnace,
hot water heater, air conditioner, etc., must be elevated to or above
the base flood elevation;
4.
All
new construction and substantial improvements must be constructed
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;
5.
Within
Zones AH or AO there must be adequate drainage paths around structures
on slopes to guide flood waters around and away from proposed structures.
C.
Elevation
and Floodproofing.
1.
New
construction and substantial improvement of any structure elevate
the lowest floor, including basement floor, to the highest elevation
required as follows:
a.
To the height required by the Residential Building Code;
b.
In AE, AH, A1-30 Zones, to or above the base flood elevation;
c.
In an AO Zone, above the highest adjacent grade to a height equal
to or exceeding the depth number specified in feet on the FIRM, or
elevated at least two feet above the highest adjacent grade if no
depth number is specified;
d.
In an A Zone, without BFEs specified on the FIRM, to or above the
base flood elevation as determined by the Floodplain Administrator;
e.
Notification of compliance must be recorded as set forth in Section 11.36.140(C).
2.
Nonresidential
construction must either be elevated in conformance with subdivision
1 or 2 of this subsection or:
a.
Together with attendant utility and sanitary facilities, be floodproofed
to the base flood elevation so that the structure is watertight with
walls substantially impermeable to the passage of water; and
b.
Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
c.
Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification must be provided to the official set forth in Section 11.36.140(C)(1).
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Examples of floodproofing include, but are not limited to:
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a.
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Installation of watertight doors, bulkheads, and shutters;
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b.
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Reinforcement of walls to resist water pressure;
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c.
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Use of paints, membranes, or mortars to reduce seepage through
walls;
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d.
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Addition of mass or weight to structure to resist flotation;
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e.
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Armour protection of all fill materials from scour and/or erosion.
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4.
Require,
for all new construction and substantial improvements, that fully
enclosed areas below the lowest floor that are subject to flooding
must 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 either be certified by a
registered professional engineer or architect or exceed the following
minimum criteria:
a.
Either 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 must be provided. The bottom of all openings must be not
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; or
b.
Be certified to comply with a local floodproofing standard approved
by the Federal Insurance and Mitigation Administration.
(Ord. 564 § 3, 2019)
A.
The
storage or processing of materials that are, in time of flooding,
buoyant, 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.
(Ord. 564 § 3, 2019)
A.
All
new and replacement water supply and sanitary sewage systems must
be designed to minimize or eliminate infiltration of flood waters
into the system and discharge from systems into floodwaters.
B.
On-site
waste disposal systems must be located to avoid impairment to them
or contamination from them during flooding.
(Ord. 564 § 3, 2019)
A.
All
preliminary subdivision proposals must identify the flood hazard area
and the elevation of the base flood.
B.
All final subdivision plans will provide the elevation of proposed structure(s), pads, and adjacent grade. If the site is filled above the base flood, the final pad and first floor elevation must be certified by a registered professional engineer or surveyor and provided to the official as set forth in Section 11.36.140(C)(1).
C.
All
subdivision proposals must be consistent with the need to minimize
flood damage.
D.
All
subdivision proposals must have public utilities and facilities such
as sewer, gas, electrical, and water systems located and constructed
to minimize flood damage.
E.
All
subdivision proposals must have adequate drainage provided to reduce
exposure to flood damage. The developer must provide a certification
of compliance.
(Ord. 564 § 3, 2019)
A.
All new manufactured homes, additions to manufactured homes, and manufactured homes that are substantially improved must be set on permanent foundation so that the lowest floor is elevated to or above the base flood elevation and securely anchored to a permanent foundation to resist flotation collapse, or lateral movement. As set forth in Section 11.36.140(C)(1), certification meeting the standards above is required of the installer or State agency responsible for regulating the placement, installation, and anchoring of individual manufactured home units.
B.
The
following standards are required for:
1.
Manufactured
homes not placed in manufactured home parks or subdivisions;
2.
New
manufactured home parks or subdivisions;
3.
Expansions
to existing manufactured home parks or subdivisions; and
4.
Repair,
reconstruction, or improvements to existing manufactured home parks
or subdivisions that equals or exceeds 50% of the value of the streets,
utilities, and pads before the repair, reconstruction or improvement
commenced.
C.
No
manufactured home may be placed in a floodway, except in an existing
manufactured home park or existing manufactured home subdivision.
D.
No
manufactured home may be placed in a coastal high hazard area, except
in an existing manufactured home park or an existing manufactured
home subdivision.
E.
Certification
of compliance is required of the developer responsible for the plan
or State agency responsible for regulating manufactured home placement.
(Ord. 564 § 3, 2019)
Any recreational vehicle placed on sites within Zones A1–30,
AH, and AE on the City's FIRM must either:
A.
Be
on the site for fewer than 180 consecutive days,
B.
Be
fully licensed and ready for highway use, or
(Ord. 564 § 3, 2019)
Located within areas of special flood hazard established in Section 11.36.070, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
A.
Prohibit
encroachments, including fill, new construction, substantial improvements,
and other development unless certification by a registered professional
engineer is provided which demonstrates that encroachments must not
result in any increase in flood elevation during the occurrence of
the base flood discharge.
B.
If
no floodway is identified, the permit holder must provide an engineering
study for the project area that establishes a setback where no encroachment
of any new development will be allowed that would increase the water
surface elevation of the base flood plus one foot or establish a setback
from the stream bank equal to five times the width of the stream at
the top of the bank, whichever is greater.
(Ord. 564 § 3, 2019)
A.
The
City Council, acting as the appeal board hears and decides appeals
and requests for variances from the requirements of this chapter.
B.
The
City Council hears and decides appeals when it is alleged there is
an error in any requirement, decision or determination made by the
Floodplain Administrator regarding this chapter.
C.
Those
aggrieved by the decision of the City Council, or any taxpayer, may
appeal such decision to the appropriate judiciary body.
D.
In
passing upon such applications, the City Council considers all technical
evaluations, all relevant factors, standards, etc., specified in other
sections of this chapter, and:
1.
The
danger that materials may be swept onto other lands to the injury
of others;
2.
The
danger to life and property due to flooding or erosion damage;
3.
The
susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
4.
The
importance of the services provided by the proposed uses that are
not subject to flooding or erosion damage;
5.
The
necessity to the facility of a waterfront location, where applicable;
6.
The
availability of alternative locations, for the proposed uses that
are not subject to flooding or erosion damage;
7.
The
compatibility of the proposed use with existing and anticipated development;
8.
The
relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
9.
The
safety of access to the property in times of flood for ordinary and
emergency vehicles;
10.
The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters and the effects of wave action, if applicable,
expected at the site;
11.
The 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 system, and streets
and bridges.
E.
Generally, variances may be issued for new construction and substantial improvements 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 subdivisions 1 through 11 of subsection D of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
F.
Upon consideration of the factors of subsection D of this section and the purpose of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter.
G.
The
Floodplain Administrator will maintain a record of all variance actions,
including justification for their issuance, and report such variances
issued in its biennial report submitted to the Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency.
(Ord. 564 § 3, 2019)
A.
Variances
may be issued for the reconstruction, rehabilitation or restoration
of structures listed on the National Register of Historic Places or
the State Inventory of Historic Places, without regard to the procedures
set forth in the remainder of this section.
B.
Variances
may not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
C.
Variances
may only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
D.
Variances
may only be issued upon:
1.
A
showing of good and sufficient cause such as renovation, rehabilitation,
or reconstruction. Variances requested for economic considerations,
aesthetics, or because variances have been used in the past, are not
good and sufficient cause;
2.
A
determination that failure to grant the variance would result in exceptional
hardship to the applicant;
3.
A
determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
to the public, or conflict with existing local laws or ordinances.
E.
Any
applicant to whom a variance is granted must be given written notice
over the signature of a community official that the issuance of a
variance to construct a structure below the base flood level will
result in increased premium rates for flood insurance up to amounts
as high as $25.00 for $100.00 of insurance coverage, and such construction
below the base flood level increases risks to life and property. A
copy of the notice must be recorded by the Floodplain Administrator
in the office of the San Diego County Recorder and must be recorded
in a manner so that it appears in the chain of title of the affected
parcel of land.
(Ord. 564 § 3, 2019)
There are two methods of appeal that exempt a structure from
the purchase of flood insurance; both must be supported by the items
listed in this action:
A.
Appeal
to Elevation Requirements.
1.
An
actual stamped copy of the recorded plat map of the property showing
official recordation and proper citation, or a photocopy of property's
legal description (e.g., lot, block and plot number, etc.);
2.
A
copy of the Flood Hazard Boundary Map (FHBM) and/or Flood Insurance
Rate Map (FIRM). Both must identify the location of the property;
B.
Appeal
of Location.
1.
An
actual stamped copy of the recorded plat map of the property showing
official recordation and proper citation, or a photocopy of property's
legal description (e.g., lot, block, and plot number, etc.);
2.
A
copy of the Flood Hazard Boundary Map (FHBM) and/or Flood Insurance
Rate Map (FIRM). Both must identify the location of the property as
not within Zone A or V;
3.
Verification
by local Building Official as to the property's location.
(Ord. 564 § 3, 2019)
This chapter and the various parts thereof are hereby declared
to be severable. If any section of this chapter is declared by a court
of competent jurisdiction to be unconstitutional or invalid, such
decision does not affect the validity of the chapter as a whole or
any portion thereof other than the provision declared to be unconstitutional
or invalid.
(Ord. 564 § 3, 2019)
