The purpose of this chapter is to protect persons and property against flood hazards by augmenting the regulations imposed by Chapter 11.36 of this code. In case of conflict between the regulations imposed by this chapter and any other provision of law or of this code, the more stringent regulation applies.
(Ord. 564 § 3, 2019)
In this chapter:
means the Board of Supervisors of the County.
means the City Council of the City of Santee.
means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of or damage to life, health, property or essential public services. "Emergency" includes such occurrences as fire, flood, earthquake or other soil or geologic movements, as well as such occurrences as riot, accident or sabotage, or projects undertaken, carried out or approved by a public agency to maintain, repair, restore, demolish or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed pursuant to Chapter 7 of Division 1, Title 2 of the Government Code.
means that administrator designated by the Secretary of the
United States Department of Housing and Urban Development.
means a land area in and adjoining a river, stream, watercourse,
ocean, bay or lake, which is likely to be flooded.
means all that land lying within the 100-year floodplain
that is not within a floodway, where a floodway has been defined.
means the channel of a river or other watercourse and the
adjacent land areas required to carry and discharge a flood. The selection
of the floodway must be based on the principle that the area chosen
for the floodway must be designed to carry the waters of the 100-year
flood, without increasing the water surface elevation of that flood
more than one foot at any one point.
means cleaning, removing obstructions, and repair of existing
facilities. Obstructions include vegetation, shrubs, trees, tree stumps,
limbs and foliage, debris, trash, rubbish, waste matter, deposits
of dirt, silt, sand or rock, walls, structures, building materials,
or any other material which may impede, impair, restrict or divert
the flow of water from its natural course.
means a flood estimated to occur on an average of once in
100 years (one percent probability of occurrence each year) which
is determined from an analysis of historical flood and rainfall records.
means a complete system of approved drainage or flood control
facilities constructed in accordance with the San Diego County Flood
Control District Design Procedure Manual approved by the County Board
of Supervisors on May 19, 1970, and filed with the Clerk of the Board
of Supervisors as Document Number 427201 and as amended by the board
of supervisors on July 8, 1975 and filed with the Clerk of the Board
of Supervisors as Document Number 506917, and constructed in accordance
with San Diego County Standards adopted by the Board of Supervisors
April 1, 1960, and filed with the Clerk of the Board of Supervisors
as Document Number 357917, and any update or revision to these standards.
means any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure, either: (1) before the improvement is started; or (2) 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 wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external dimensions
of the structure. The term does not, however, include either: (1)
any alteration to comply with existing State or local health, sanitary,
building or safety codes or regulations; or (2) any alteration of
a structure listed on the National Register of Historic Places or
a State Inventory of Historic Places.
means any watercourse, stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or
wash in which waters flow in a definite direction or course, either
continuously or intermittently, and any area adjacent thereto subject
to inundation from a 100-year flood.
(Ord. 564 § 3, 2019)
It is unlawful for any person to do or commit or cause to be
done or committed, any of the following acts:
A.
Deposit
any material of any kind in a watercourse which may impair or impede
the flow of water therein, so as to adversely affect adjoining property;
B.
Plant
any vegetation (other than grasses or annual crops) within a watercourse
which may impair, impede or divert the flow of water in such watercourse;
C.
Commit
any act or in any easement dedicated, granted or reserved for flood
control or drainage purposes which will impair the use of such easement
for such purposes;
D.
Within
a floodplain where a floodplain designator or a flood channel designator
has, under the zoning ordinance, been applied by the board, or within
a floodplain as delineated on approved maps issued by the Federal
Insurance and Mitigation Administrator:
1.
Construct
new or substantial improvements of residential structures unless the
lowest floor (including basement) is elevated to or above the level
of the 100-year flood;
2.
Construct
new or substantial improvements of nonresidential structures, unless
the lowest floor (including basement) is elevated to or above the
level of the 100-year flood, or the structure including attendant
utility and sanitary facilities, is floodproofed up to the level of
the 100-year flood.
(Ord. 564 § 3, 2019)
No person may do or commit, or cause to be done or committed,
any of the following described acts without first obtaining a written
permit from the Director:
A.
Impair,
impede or accelerate the flow of water in a watercourse;
B.
Alter
the surface of the land, by construction, excavation, embankment or
otherwise, so as to reduce the capacity of a watercourse;
C.
Construct,
alter or remove any flood control or stormwater drainage structure,
facility or channel of or in a watercourse;
D.
Construct
or place any structure in, upon or across a watercourse; or
E.
Within
a floodway, as shown on San Diego County Flood Plain Maps, place fill
or encroachments that would increase the flood level or impair its
ability to carry and discharge the waters resulting from the 100-year
flood. Permits may be issued where the effect of the fill or encroachment
on flood heights is fully offset by stream improvements.
(Ord. 564 § 3, 2019)
B.
E.
Sections 11.38.030 and 11.38.040 do not apply to acts of persons engaged in farming, ranching or other agricultural pursuits, or natural resource extraction operations performed pursuant to a special use permit, provided such acts are normally and routinely associated with such pursuits, and provided, further, that such acts do not substantially impair, impede or divert the flow of water in the watercourse.
F.
Section 11.38.030 does not prohibit repair, reconstruction or improvement to existing residential and nonresidential structures within the floodplain, provided such repair, reconstruction or improvement:
1.
Is
not a substantial improvement;
2.
Is
designed (modified) and anchored to prevent flotation, collapse or
lateral movement of the structure;
3.
Uses
construction materials and utility equipment that are resistant to
flood damage; and
4.
Uses
construction methods and practices that will minimize flood damage.
(Ord. 564 § 3, 2019)
When an application for a watercourse permit is referred to the City Council pursuant to Section 11.38.130 or 11.38.180 of this chapter, the City Clerk must not place the matter on the Council agenda for consideration until the applicant has furnished to the clerk a written statement disclosing the following information:
A.
The
names of all persons having an interest in the application, as well
as the names of all persons having any ownership interest in the property
involved;
(Ord. 564 § 3, 2019)
A.
A separate application for a permit must be made for each act listed in Section 11.38.030, except that only one application need be made for two or more such acts which are done on the same or contiguous parcels or lots and which are part of a unified plan of development or improvement.
B.
Plans
and specifications and estimated value of work must be submitted with
each such application, unless waived by the Director for small work.
Such plans and specifications must be prepared or approved, and signed,
by a civil engineer, unless: (1) waived by the Director; or (2) the
plans are prepared and/or approved by an agency of the Federal or
State government. The plans must show all information or data required
by the Director, including, but not limited to, a soil investigation
report.
(Ord. 564 § 3, 2019)
Before a permit is issued, an applicant must pay the Director
the fee and deposit established by this section unless the plans have
been prepared and/or approved by an agency of the Federal or State
or City government, in which case the fee and deposit are waived if
installation is supervised by an agency of the Federal or State or
City government.
A.
Filing
Fee. A filing fee in the amount established by resolution of the City
Council must be paid at the time application is made for a permit.
B.
Deposit. A deposit must be made in addition to the filing fee, to cover plan checking, environmental review, processing of easement documents, administration, and inspection of the work. This deposit is to cover the actual cost incurred by the City, as estimated by the Director. If the actual cost of checking, review, processing, administration and inspection is less than the deposit, the unused balance of the deposit must be refunded in the same manner as provided by law for the repayment of trust moneys. If any deposit is insufficient to pay all the actual costs of checking, review, processing, administration and inspection, the permittee, upon demand of the Director, must pay to such Director an amount deemed sufficient by the Director to complete the work in process. If the permittee fails or refuses to pay such amount upon demand, the Director may refuse issuance of a watercourse permit until the amount is paid in full, or, if a permit is already issued, the work will be considered incomplete and the permit revoked in accordance with the procedures set forth in Section 11.38.210.
(Ord. 564 § 3, 2019)
A.
A permit
must not be issued where the value of the work is estimated to be
$3,000.00 or more, unless the permittee first posts with the Director
a bond executed by the permittee and a corporate surety authorized
to do business in this State as a surety. The bond must be in a form
approved by the City Attorney and in an amount of 30% of the estimated
value of the work authorized by the permit, except that the Director
may waive all or part of the amount to the extent that he or she determines
that the hazard or danger created by the work does not justify the
full amount. The bond must include penalty provisions for failure
to complete the work on schedule.
B.
In
lieu of a surety bond, the applicant may file with the City a cash
bond or an instrument of credit approved by the City Attorney in an
amount equal to that which would be required for the surety bond.
Every bond and instrument of credit must include, and every cash deposit
must be made on, the conditions that the permittee must:
1.
Comply
with all applicable laws, ordinances and provisions of this code;
2.
Comply
with all terms and conditions of the permit, to the satisfaction of
the Director; and
3.
Complete
all work contemplated under the permit within the time limit therein
specified or, if no time limit is therein specified, then within the
time limit specified in this chapter.
C.
Each
bond, instrument of credit and cash deposit must be made on and subject
to the condition that no change, extension of time, alteration or
addition to the terms of the permit or to the work contemplated thereunder,
or the plans and specifications submitted in connection with the same,
may in any way affect the obligation of the surety on the bond, instrument
of credit or cash deposit and, further, that the surety waives notice
on any such change, extension of time, alteration or addition.
D.
Each
bond and instrument of credit must remain in effect until the completion
of the work to the satisfaction of the Director.
E.
In
the event of failure to complete the work or failure to comply with
all terms and conditions of the permit, the Director may order such
work as in his or her opinion is necessary to eliminate any dangerous
condition, and to leave the site in a safe condition, or may order
that the work authorized by the permit be completed to a safe condition,
to the Director's satisfaction. The permittee, and the surety
on the bond or the person issuing the instrument of credit or making
the cash deposit, must continue to be firmly bound under a continuing
obligation for the payment of all necessary costs and expenses that
may be incurred or expended by the City in causing any and all such
work to be done. In case of a cash deposit, any unused portion thereof
must be refunded to the person posting the same following completion
of the work.
F.
If
the permit so provides, there may be a partial acceptance of the work
by the Director from time to time, and a concomitant partial release
of the surety.
(Ord. 564 § 3, 2019)
Prior to the issuance of any watercourse permit for construction
of any drainage or flood control structure, the Director must cause
the application to be reviewed for consistency with the City's
General Plan; provided, however, such application need not be reviewed
if any of the following conditions are met:
A.
A City
board, commission or officer having final authority for project approval
has determined that the project, which included the proposed work,
is consistent with the General Plan; or
B.
The
proposed work is pursuant to a tentative map of subdivision which
has been approved or conditionally approved.
(Ord. 564 § 3, 2019)
Prior to the issuance of any watercourse permit, the Director
must ensure the application is reviewed for its effect upon the environment;
provided, however, such application need not be reviewed if the proposed
work is pursuant to a tentative map of subdivision which has been
approved or conditionally approved on or before April 4, 1973.
(Ord. 564 § 3, 2019)
If the Director determines that the proposed work will not have
a significant effect upon the environment, the Director will inform
the applicant and may issue the watercourse permit without requiring
an environmental impact report pursuant to the California Environmental
Quality Act or the National Environmental Policy Act.
(Ord. 564 § 3, 2019)
If the Director determines that the proposed work could have
a significant effect upon the environment, the watercourse permit
must not be issued unless and until the City Council authorizes such
issuance following the adoption of an environmental impact report
prepared pursuant to the California Environmental Quality Act and
City rules and procedures adopted pursuant thereto.
(Ord. 564 § 3, 2019)
If the Director determines that the proposed work is consistent
with the City's General Plan, the Director will inform the applicant
and may issue the watercourse permit.
(Ord. 564 § 3, 2019)
The Director is authorized to include any conditions on a permits
issued pursuant to this chapter in order to ensure compliance with
this chapter and any other law. In case of conflict between the regulations
imposed by this chapter and any other provision of law or of this
code, the more stringent regulation will govern. Neither the issuance
of a permit nor compliance with the conditions in the permit or this
chapter relieve any person from any responsibility otherwise imposed
by law for damage to person or property.
(Ord. 564 § 3, 2019)
After the applicant has paid the required fees and complied
with all conditions precedent, the Director must issue the permit
unless the work proposed would significantly restrict the carrying
capacity of a watercourse or would create an unreasonable hazard of
flood or inundation to persons or property; provided, however, that
the Director must issue the permit, subject to conditions specifically
set forth in the permit, if the Director determines that by doing
so no such restriction of carrying capacity or unreasonable hazard
will be created.
(Ord. 564 § 3, 2019)
A permit issued pursuant to this chapter does not relieve the
permittee of the responsibility for securing the required permits
for work to be done which is regulated by any other provision of this
code, any City ordinance, or Federal or State law.
(Ord. 564 § 3, 2019)
If the Director determines that the proposed work is not consistent
with the General Plan, the Director must inform the applicant and
the City Council. The watercourse permit must not be issued unless
and until the Council authorizes such issuance following a review
of the permit application and making a finding that the proposed drainage
or flood control structure is consistent with the General Plan.
(Ord. 564 § 3, 2019)
A.
The
permittee must complete the work authorized by the permit within the
time specified in the permit or make written request to the Director
for an extension of time. The Director must grant an extension of
time to complete the work if, in the Director's opinion, such
extension is warranted and would not create an unreasonable hazard
of flood or inundation to persons or property.
B.
The
permittee must notify the Director in writing of completion of the
work authorized, and no work will be considered completed until approved
in writing by the Director following such written notification. The
Director may cause inspections of the work to be made periodically
during the course thereof, and may make a final inspection following
the completion of the work; the permittee must cooperate with the
Director in making such inspections.
(Ord. 564 § 3, 2019)
A permit issued pursuant to this chapter is not transferable
from property to property for any reason or in any manner whatsoever.
(Ord. 564 § 3, 2019)
A.
The
City Council may revoke any permit granted under the provisions of
this chapter if any of the following conditions exist:
1.
The
permit was obtained by fraud, or that one or more of the conditions
upon which the permit was granted have been violated;
2.
The
permittee fails or refuses to correct a deficiency or a hazard upon
the receipt of written notice and within the time specified in such
notices;
3.
The
permittee fails or refuses to perform any of the work required or
fails or refuses to conform with any of the standards established
by a special use permit.
|
A request that the Council revoke such watercourse permit may
be made by any City officer; the request for revocation must be in
writing, and must set forth the grounds upon which revocation is sought.
|
B.
If
a permit is revoked, no further work may be done upon that site except
the correction of hazards, and the completion of any work required
by the permittee's agreement. Every agreement and every security
required by this chapter must remain in full force and effect notwithstanding
any such revocation.
C.
Any
hearing held pursuant to this chapter must be a public hearing. A
request for revocation must be directed to the City Clerk, who will
fix a time and place for the hearing to be published once in a newspaper
of general circulation published in the City. The City Clerk must
also notify the permittee of the time and place set for the hearing.
Any interested person may appear at the hearing and present evidence.
At the conclusion of a hearing on a request for revocation, the City
Council may deny the request for revocation, grant the request for
revocation, or modify existing conditions of or add new conditions
to such permit. The decision of the City Council is final.
(Ord. 564 § 3, 2019)
A.
The
City Council may modify any permit granted under the provisions of
this chapter if the Council determines that the modification is in
the interest of public health, safety or welfare. A request that the
City Council modify a watercourse permit may be made by any City Officer;
the request for modification must be in writing, and must set forth
the grounds upon which modification is sought.
B.
If
the permit is modified by the City Council, all further work done
upon that site must be consistent with the modified permit. Every
agreement remains in full force and effect, notwithstanding any such
modification.
C.
Any
hearing held pursuant to this chapter must be a public hearing. A
request for modification must be directed to the City Clerk, who must
fix a time and place for the hearing, to be published once in a newspaper
of general circulation published in the City of Santee. The City Clerk
must also notify the permittee of the time and place set for the hearing.
Any interested person may appear at the hearing and present evidence.
At the conclusion of a hearing on a request for modification, the
Council may deny the request for modification or grant the request
for modification by modifying existing conditions or adding new conditions
to the permit. The decision of the City Council is final.
(Ord. 564 § 3, 2019)
Notwithstanding any provision of any City ordinance, the Director may grant an emergency watercourse permit for the removal of up to 2,000 cubic yards of silt, sand and debris. A permit may be granted for such periods of time as the Director deems to be reasonable and necessary or advisable under the circumstances. Such permit for emergency work, as defined in Section 11.38.020, may be granted to the owner of private property or the authorized agent of the owner.
(Ord. 564 § 3, 2019)
Notwithstanding any provision of any City ordinance, the City
Council, after first finding that an emergency exists on public or
private property, may grant an emergency watercourse permit for the
removal of silt, sand and debris in excess of 2,000 cubic yards when
the applicant has fulfilled all the conditions which, in the opinion
of the Director, are required to insure the health, safety and welfare
of the affected persons or the protection of the affected properties,
and the work shown is in accordance with the City plans and specifications.
(Ord. 564 § 3, 2019)
The permittee must begin the work authorized by the permit within
60 days after the date of issuance, unless a different date for commencement
of work is set forth in the permit. The permittee must notify the
Director at least 24 hours prior to the commencement of work. If the
work is not commenced as required, then the permit becomes void; provided,
however, that if prior to or within 30 days after the date established
for commencement of work the permittee makes written request to the
Director for an extension of time, setting forth the reasons for the
required extension, the Director may grant additional time if, in
the Director's opinion, such an extension is warranted.
(Ord. 564 § 3, 2019)
All work authorized pursuant to this chapter must be performed
under the supervision and coordination of a civil engineer, unless
waived by the Director for small projects (or minor work), or the
work is supervised by an agency of the Federal or State government.
(Ord. 564 § 3, 2019)
No changes may be made in the location, dimensions, materials
or character of the work authorized in a permit, except upon written
authorization of the Director, unless such change relates to work
being performed pursuant to plans prepared or approved by an agency
of the Federal or State government, and such change has been approved
by such agency.
(Ord. 564 § 3, 2019)
The property owner is responsible for the timely maintenance of any watercourse on the owner's property. Failure to maintain a watercourse in a safe and unobstructed condition is hereby declared to be a violation of this section and a public nuisance. The Director may abate such nuisance in accordance with the nuisance abatement procedures in Title 1; provided, however, that the Director may require the property owner to abate the nuisance in any timeframe the Director requires.
(Ord. 564 § 3, 2019)
Any person aggrieved by the denial of a permit pursuant to this
chapter, or by the imposition of a condition on such permit, may appeal
to the City Council.
(Ord. 564 § 3, 2019)
A.
The
City Council will not grant a permit or modify or delete a permit
condition, as sought for by the appeal, unless the appellant demonstrates
all of the following to be true:
1.
That
the applicant would suffer substantial injury or detriment by the
refusal to grant the permit or modify or delete the conditions;
2.
That
no other method of obtaining the desired results is more reasonable
or less likely to be dangerous than that proposed by the applicant;
and
3.
That
the granting of the permit or the modifying or deleting of conditions
would not be materially detrimental to the public interest, safety,
health and welfare, would not significantly restrict the carrying
capacity of a watercourse, and would not create an unreasonable hazard
of flood or inundation to persons or property.
(Ord. 564 § 3, 2019)
