Ord. 854ORDINANCE NO. 854
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING TITLE 16 OF THE POWAY
MUNICIPAL CODE SECTIONS 16.58.020, 16.58.090, 16.58.100,
16.58.110, 16.60.030, 16.62.030, 16.82.220, AND 16.82.400,
RELATING TO FLOODPLAIN MANAGEMENT REGULATIONS
WHEREAS, Title 16, Division IV of the Poway Municipal Code (PMC) was adopted to
promote the public health, safety, and general welfare by the adoption of floodplain management
regulations;
WHEREAS, the City of Poway participates in the National Flood Insurance Program
(NFIP), and it is required as a condition of participation in the NFIP that the City's floodplain
management program meet or exceed certain NFIP regulations;
WHEREAS, the City of Poway also participates in the NFIP Community Rating System
(CRS) program and it is required as a condition of participation in the CRS, that the City's
floodplain management program meet or exceed certain NFIP regulations;
WHEREAS, Title 16, Division V of the PMC was adopted to bring the City into compliance
with the requirements of the NFIP and allows the City to participate in the CRS; and
WHEREAS, the proposed amendments to the PMC will help assure that the City's
floodplain management program continues to meet or exceed the requirements of the NFIP.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN
AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: The City Council finds that the adoption of this Ordinance is exempt from
the requirements of the California Environmental Quality Act (CEQA) pursuant to the CEQA
Guidelines Section 15061(b)(3) (General Rule) because the amendment pertains to minor
changes to the text of Title 16 of the Poway Municipal Code, and it can be said with certainty that
this activity will not have a significant effect on the environment.
SECTION 3: Sections 16.58.020, 16.58.090, 16.58.100, 16.58.110, 16.60.030,
16.62.030 of Title 16, Division IV of the Poway Municipal Code are hereby deleted.
SECTION 4: Sections 16.58.020, 16.58.090, 16.58.100, 16.58.110, 16.60.030,
16.62.030 are hereby added to Title 16, Division IV of the Poway Municipal Code to read as
follows:
16.58.020 Acts prohibited.
No person shall do, commit or cause to be done or committed, any of the following described acts:
A. Deposit any material of any kind in a watercourse which may impair or impede the flow of
water therein;
Ordinance No. 854
Page 3
16.62.030 Filing fee and deposit.
Before a permit is issued an applicant shall 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,
State, County or City government, in which case the fee and deposit are waived if installation is
supervised by an agency of the Federal, State, County or City government.
A. Filing Fee. A filing fee in the amount that shall be established by City Council resolution
from time to time shall be paid at the time application is made for a permit.
B. Deposit. A deposit shall 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 shall 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, shall pay an amount deemed
sufficient 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 shall be considered
incomplete and the permit revoked in accordance with the procedures set forth in
PMC 16.62.050. (Ord. 683 § 67, 2008; Ord. 29 § 1, 1981; CC § 88.203)
SECTION 5: Sections 16.82.220 and 16.82.400 of Title 16, Division V of the Poway
Municipal Code are hereby deleted.
SECTION 6: Sections 16.82.220 and 16.82.400 are hereby added to Title 16, Division V
of the Poway Municipal Code to read as follows:
16.82.220 Floodplain Administrator.
"Floodplain Administrator" is the City Engineer. (Ord. 599 § 2, 2004)
16.82.400 Mean sea level.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1988 or others to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced. (Ord. 599 § 2, 2004; Ord. 503, 1998;
Ord. 174, 1985)
SECTION 7: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after
its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City Council
members voting for and against the same in the Poway News Chieftain, a newspaper of general
circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified
copy of this Ordinance in the Office of the City Clerk in accordance with Government Code §
36933.