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:
"Board"
means the Board of Supervisors of the County.
"Council"
means the City Council of the City of Santee.
"Emergency"
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.
"Floodplain"
means a land area in and adjoining a river, stream, watercourse,
ocean, bay or lake, which is likely to be flooded.
"Floodplain fringe"
means all that land lying within the 100-year floodplain
that is not within a floodway, where a floodway has been defined.
"Floodway"
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.
"Maintenance"
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.
"One-hundred-year flood" or "100-year flood"
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.
"Stream improvements"
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.
"Substantial improvement"
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.
"Watercourse"
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)
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;
B. If any person identified pursuant to subsection
A of this section is a corporation or partnership, the names of all persons owning more than 10% of the shares in the corporation, or owning any partnership interest in the partnership;
C. If any person identified pursuant to subsection
A of this section is a nonprofit organization or a trust, the names of any person serving as Director of the nonprofit organization, or a trustee or beneficiary or trustor of the trust.
(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)
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 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)
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 violation of Section
11.38.030 or
11.38.040 is hereby declared to be a public nuisance subject to the nuisance abatement procedures in Title
1.
(Ord. 564 § 3, 2019)