Ord 686
ORDINANCE NO 686
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
AMENDING TITLE 16 OF THE POWAY MUNICIPAL CODE, SECTIONS 1684020,
1686010, and 1686.030, RELATING TO FLOODPLAIN MANAGEMENT
WHEREAS, THE City of Poway participates in the National Flood Insurance
program; and
WHEREAS, Title 16, Division V of the Poway Municipal Code was adopted to
bring the City into compliance with the requirements of the National Flood Insurance
Program.
WHEREAS, Title 16, Division V of the Poway Municipal Code is known as the
Floodplain Management Ordinance, and was adopted to serve the public health, safety
and welfare, and to minimize public and private losses due to flood conditions in specific
areas by provisions designed to
A Protect human life and health,
B Minimize expenditures of public money for costly flood control projects,
C Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
D Minimize prolonged business interruptions,
E. 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 Help maintain a stable tax base by providing for the sound use and development
of areas of special flood hazard so as to minimize future blighted areas caused
by flood damage,
G Ensure that potential buyers are notified that property is in an area of special
flood hazard, and
H Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions, and
WHEREAS, the City Council finds that this amendment is consistent with the
General Plan, and
WHEREAS, the proposed changes will allow greater clarity in the application of
Title 16, Division V
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS
Section 1 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) because it pertains to minor changes to Title 16,
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Page 2
Division V that only provide clarification and there is no possibility this will have a
significant effect on the environment.
Section 2: The following Sections of Title 16, Division V of the Poway Municipal Code
are amended to read as follows.
Chapter 16
1684020 Basis for establishing the areas of special flood hazard. The areas of
special flood hazard identified by the Federal Insurance Administration of the Federal
Emergency Management Agency (FEMA) in the 1999 Flood Insurance Study (FIS) and
accompanying 1997 Flood Insurance Rate Maps (FIRMs) and Flood Boundary and
Floodway Maps (FBFMs), and all subsequent amendments and/or revisions, are hereby
adopted by reference and declared to be a part of this division. This FIS and attendant
mapping is the minimum area of applicability of this division and may be supplemented
by studies for other areas which allow implementation of this division and which are
recommended to the City Council by the Floodplain Administrator The study, FIRMs
and FBFMs are on file at 13325 Civic Center Drive, Poway, California.
1686010 Establishment of development permit. A development permit shall be
obtained before any construction, encroachments, obstructions, or development begins
within any area of special flood hazard established in PMC 1684020 Application for a
development permit shall be made 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
A Site plan, including but not limited to
1 For all proposed structures, spot ground elevations at building corners and
20-foot or smaller intervals along the foundation footprint, or one-foot
contour elevations throughout the building site,
2 Proposed locations of water supply, sanitary sewer, and utilities,
3 If available, the base flood elevation from the Flood Insurance Study
and/or Flood Insurance Rate Map, and
4 If applicable, the location of the regulatory floodway; and
B Foundation design detail, including, but not limited to
1 Proposed elevation, in relation to mean sea level, of the lowest floor
(including basement) of all structures,
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Page 3
2. For a crawl-space foundation, location and total net area of foundation
openings as required in PMC 1688 010(C)(3) and FEMA Technical
Bulletins 1-93 and 7-93,
3 For foundations placed on fill, the location and height of fill, and
compaction requirements (compacted to 95 percent using the Standard
Proctor Test method); and
~ Proposed elevation in relation to mean sea level to which any nonresidential
v
structure will be floodproofed, as required in PMC 1688 010(C)(2) and FEMA
Technical Bulletin TB 3-93, and
D All appropriate certifications listed in PMC 1686 030(D); and
E. Description of the extent to which any watercourse will be altered or relocated as
a result of proposed development.
1686030 Duties and responsibilities of the Administrator The duties and
responsibilities of the Floodplain Administrator shall include, but not be limited to, the
following.
A. Permit Review Review all development permits to determine that:
1 The permit requirements of this division have been satisfied,
2. All other required state and federal permits have been obtained,
3 The site is reasonably safe from flooding, and
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. For purposes of this division,
"adversely affects" means 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.
B Review, Use, and Development of Other Base Flood Data.
1 When base flood elevation data has not been provided in accordance with
PMC 1684020, the Floodplain Administrator shall obtain, review, and
reasonably utilize any base flood elevation and floodway data available
from a Federal or State agency, or other source, in order to administer
Chapter 1688 PMC Any such information shall be submitted to the City
Council for adoption, or
Ordinance No 686
Page 4
2. If no base flood elevation data is available from a Federal or State agency
or other source, then a base flood elevation shall be obtained using one of
two methods from the FEMA publication "Managing Floodplain
Development in Approximate Zone A Areas - A Guide for Obtaining and
Developing Base (100-Year) Flood Elevations" dated July 1995, in order
to administer Chapter 16 88 PMC
a. Simplified Method
i. One-hundred-year or base flood discharge shall be obtained
using the appropriate regression equation found in a U S
Geological Survey publication, or the discharge-drainage
area method; and
II. Base flood elevation shall be obtained using the Quick-2
computer program developed by FEMA, or
b Detailed Method. The 100~year or base flood discharge and the
base flood elevation shall be obtained using detailed methods
identified in FEMA Publication 265, published in July 1995 and
titled: "Managing Floodplain Development in Approximate Zone A
Areas - A Guide for Obtaining and Developing Base (100-Year)
Flood Elevations."
C, Notification of Other Agencies. In alteration or relocation of a watercourse
1 Notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation,
2. Submit evidence of such notification to the Federal Insurance
Administration, Federal Emergency Management Agency; and
3 Assure that the flood carrying capacity within the altered or relocated
portion of said watercourse is maintained.
4 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
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Page 5
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.
5 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.
D Documentation of Floodplain Development. Obtain and maintain for public
inspection and make available as needed the following:
1 Certification required by PMC 1688 010(C)(1) and 1688040 (lowest floor
elevations),
2. Certification required by PMC 16 88.010(C)(2) (elevation or floodproofing
of nonresidential structures),
3. Certification required by PMC 16 88 010(C)(3) (wet floodproofing
standard),
4 Certification of elevation required by PMC 1688030(B) (subdivision
standards),
5 Certification required by PMC 1688.060 (f1oodway encroachments),
6 Reports required by PMC 1688070 (mudflow standards)
E. Map Determinations. Make interpretations where needed as to the exact location
of the boundaries of the areas of special flood hazard Where there appears to
be a conflict between a mapped boundary and actual field conditions, grade and
base flood elevations shall be used to determine the boundaries of the special
flood hazard area. The person contesting the location of the boundary shall be
given a reasonable opportunity to appeal the interpretation as provided in
Chapter 1690 PMC
F Remedial Action. Take action to remedy violations of this division as specified in
PMC 1684030)
Section 3 If any portion of this Ordinance is determined to be unconstitutional or
otherwise contrary to law, that portion will be severed, and the remainder will continue in
full force and effect.
Section 4 This Ordinance shall be codified.
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Page 6
EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30)
days after the date of this passage, and before the expiration of fifteen (15) days after
its passage, it shall be published once with the names and members voting for and
against the same in the Poway News Chieftain, a newspaper of general circulation
published in the City of Poway
Introduced and first read at a regular meeting of the City Council of the City of
Poway held this 6th day of January 2009 and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 20th day of January 2009
CfJ6kk~
Don Higginson, De uty Mayor
ATTEST
."""
a A. Troyan, City Clerk
STATE OF-CAtIFn~N1A I
) SS
cour-:TY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, that
the foregoing Ordinance No 686, was duly adopted by the City Council at a meeting of
said City Council held on the 20th day of January 2009 and that it was so adopted by
the following vote
AYES BOYACK, CUNNINGHAM, HIGGINSON, REXFORD
NOES NONE
ABSENT CAFAGNA
DISQUALIFIED NONE
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. Troyan, MMC, Cit Clerk
Poway