Ord 174ORDINANCE NO. 174
AN ORDINANCE OF THE CITY OF POWAY, C~r.?mORNIA
ADDING DMSION ~ TO TI~.F. 16
OF THE POWAY ~qICIPAL 00DE
ADOPTING COMPRf~ENS~ FLOOD DAMAGE
PREVENTION R~3IATIONS IN ACGORDANCE
WITH THE REQUIReMenTS OF THE
REQU~S FOR FI/]OD INSURANCE
THE CITY C(YJNCIL OF %%IE CITY OF POWAY DOES ORDAIN AS FOnrnWS:
DIVISION V.
Chapter 16.80
STATUTORY A33~f~DRI~ION~ FINDINGS OF FACT, PURIK)SEA~DOBJECTIVES
16.80.010 Statutor~ Authorization. The Oonstitution of the State of
California, Article XI, Section 7, delegates the responsibility to local govern-
mental units to adopt re~,]~tionsdesignedtopromotethepublic health, safety,
and general welfareof its citizenry.
16.80.020 Findings of Fact.
ae
The flood hazard areas of the City of Pow-ay are subject to periodic
inundation which results in loss of life and property, health and
safety hazards, disruption of cc,~.~erce 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.
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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, d~mage downstream property
uses in other areas. Uses that are inadequately flood-proofed, ele-
vated or otherwise protect.ed fr~n flood ~L~age also contribute to the
flood loss.
16.80.030 Statement of Pur~se. It is the purpose of this ordinance to
promote the public health, safety, and general welfare, and to minimize 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 ~d for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
Ordinance No. 174
Page 2
D. to minimize prolonged business interruptions;
to minimize damage to public facilities and utilities such as water and
gas mins, electric, telephone and sewer lines, streets and bridges
located in ar~ of special flood hazard;
to help maintain a s~ahle tax base by providing for the second use and
development of ar~s of special flood hazard so as to minimize future
blight areas;
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to insure that potential buyers are notified that property is in an
area of special flood hazard; and
He
to insure that those who occupy the areas of special flood hazard
assum~ responsibility for their actions.
16.80.040 M~thods of Reducin9 Flood Losses. In order to accu~lish its
purposes, this ordinance incluo~es methods and provisions for:
restricting or prohibiting uses which are dangerous to health, safety,
and property due to water or erosion hazards, or which result in
a~aging incr~.~es in erosion or in flood heights or velocities;
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requiring that uses ~3nerable to floods, including facilities which
serve such uses, be protected against flood ~mage at the time of ini-
tial construction;
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controlling the alteration of natural floodplains, stream channels, and
natural protective barriers, which help acc~,tt,odate or channel flood
waters;
D. controlling, filling, grading, dredging, and other dsvelo~/%ent which
may increase flood damage; and
preventing or regulating the construction of flood barriers which will
unnaturally divert flood waters or which my incr~se flood hazards in
Cha_~ter 16.82
DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance
shall be interpreted so as to give th~m the meaning they have in cc~mon usage
and to give this ordinance its most rea-~oDahle application.
16.82.010 Alluvial Fan. "Alluvial fan" is an area subject to flooding
when the floodplain is c~-~rised of low flow channels where sediment accompanies
the shallow flooding and the unstable soils scour and erode during a flooding
event e
Ordinance No. 174
Page 3
16.82.020 Ap~]. "Appeal" is a request for a review of the City
ODuncil interpretation of any provision of this ordinance or a request for a
variance.
16.82.030 Area of Shallow Flooding. "Area of shallow flooding" is a
designated A0 or VO Zone on the Flood Insurance Rating in which the base flood
depths range from one to three feet; a clearly defined channel does not exist;
the path of flooding is unpredictable and indeterminate; and, velocity flow may
be evident.
16.82.040 Base Flood. "Base flood" is the flood having a one percent
chance of being ec~mled or exceeded any given year.
16.82.050 Br~kawa¥ Walls. "Br~kaway walls" are any type of walls,
whether solid or lattice, and whether constructed of concrete, msonry, wood,
metal, plastic or any other suitable building material which is not part of the
structural support of the building and which is so designed as to br_~__kaway
under abnormally high tides or wave action without damage to the structural
integrity of the building on which they are used or any buildings to which they
might be carried by flood waters.
16.82.060 ~oastal High Hazard Area. "~oastal high hazard area" is the
area sub,ct to high velocity waters, including coastal and tidal inundation or
tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone
Vl-30.
16.82.070 Development. "Develo[~ent" is any man-made change to
improved or unimproved real estate, filling, grading, paving, e~avation or
drilling operations located within the area of special flood hazard.
16.82.080 Existin~ Mobile Hc~e Park or Mobile Home Subdivision.
"Existing Mobile Hcme Park or Mobile Home Subdivision" is a parcel (or con-
tiguous parcels ) of land divided into two or more mobile home lots for rent or
sale for which the construction of facilities for servicing the lots on which
the mobile home is to be affixed (including, at a minim%~, the installation of
utilities, either final site grading or the pouring of concrete pads, and the
construction of streets ) is cc~pleted before the effective date of this ordi-
16.82.090 E~ansion to an Existing Mobile Hc~ne Park or Mobile Home
Subdivision. "Expansion to an existing Mobile Hc~e Park or Mobile Hc~e Sub-
division" is the preparation of additional sites by the construction of facili-
ties for servicing the lots on which the mobile homes are to be affixed
(including the installation of utilities, either final site grading or pouring
of concrete pads, or the construction of streets ).
16.82.100 Flood or Flooding. "Flood or flooding" is a general and tem-
porary condition of partial or cc~plete inundation of normally dry land areas
from:
Ordinance No. 174
Page 4
A. the overflow of inland or tidal waters; and/or
B. the unusual and rapid accumu]__ation of runoff of surface waters
from any source.
16.82.110 Flood Bou~4a~y Floodway Map. "Flood boum~ry floodway map"
is the official map on which the Federal Insurance Administration has delineated
both the areas of flood hazard and the floodway.
16.82.120 Flood Insurance Rate MaN (FIRM). "Flood Insurance Rate Map
(FIRM)" is the official map on which the Federal Insurance A~ministration has
delineated both the areas of special flood-hazards and the risk premium zones
applicable to the c~L,~nity.
16.82.130 Flood Insurance Study. "Flood Insurance Study" is the offi-
cial report provided by the Federal Emergency Management Agency that includes
flood profiles, the Flood Insurance Rate Map (FIRM), the Flood Boundary Floodway
Map, and the water surface elevation of the base flood.
16.82.140 Flood~roofing. "Floodproofing" means any c~mbination of
structural and non-structural additions, changes or adjustments to non-
residential structures which reduce or eliminate flood damage to real estate or
improved property.
16.82.150 Flood-Related Erosion. "Flood-related erosion" is a con-
dition that exists in conjunction with a flooding event that alters the com-
position of the shoreline or bank of a watercourse. 0~e that increases the
possibility of loss due to the erosion of the laud area adjacent to the shore-
line or watercourse.
16.82.160 Floodway. "Floodway" me~ ns 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 ele-
vation more than one (1) foot. The floodway is delineated on the Flood Bour~]~ry
Floodway Map.
16.82.170 Hahi~ble Floor. "Habitable floor" me~ns any floor usable
for living purposes, which incl%,des working, sleep, eating or recreation, or a
combination thereof. For flood insurance purposes habitable floor and lowest
floor will share the same definition.
16.82.180 Hazard Mitigation Plan.
that incorporates a process, whereby the
flooding can be minimized by planning
floodplain management cc~nunity-wide.
"F~zard Mitigation Plan" is a plan
potential of future loss due to
and implementing alternatives to
16.82.190 Highest Grade. "Highest grade" means the highest natural
elevation of the ground surface prior to construction next to the proposed walls
of a structure.
Ordinance No. 174
Page 5
16.82.200 Manufactured Unit. "Manufactured unit" is a prefabricated
structure in one or more sections that is assembled on-site with a permanent
foundation.
16.82.210 Mobile Hcme. "Mobile Home" is a structure that is transpor-
table in one or more sections, built on a permanent chassis, and designed to be
used with or without a permanent four~ationwhen connected to the required uti-
lities. It does not include recreational vehicles or travel trailers, or manu-
facturedunithousingonpermanent slab foundations.
16.82.220 New Construction. "New construction" means structures for
which the "start of construction" oc~menced on or after the effective date of
this ordinance.
16.82.230 New Mobile Hcme Park or Mobile }k~e Subdivision. "New Mobile
Hc~e Park or Mobile Hcme Subdivision" is a parcel (or contiguous parcels) of
land divided into two or more mobile hems lots for rent or sale for which the
construction of facilities or servicing the lot (including, at the minim~, the
installation of utilities, either final site grading or the pouring of concrete
pads, and the construction of streets ) is cG~pleted on or after the effective
date of this ordinance.
16.82.240 Sand Dunes. "Sand dunes" are naturally occurring accumula-
tions of sand in ridges or mounds landward of the beach.
16.82.250 Start of Construction. "Start of construction" is the first
placement of permanent construction of a structure (other than a mobile home) on
a site, such as the pouring of slabs or footings or any work beyond the stage of
excavation. 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 bas~m%ent, 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 dwelling units or not as part of the main structure. For a
structure (other than a mobile home) without a basement or poured footings, the
"start of construction" incl~_~_es the first permanent framing or assembly of the
structure or any part thereof on its piling or foundation. For mobile homes not
within a mobile b~m~e park or mobile home subdivision, "start of construction"
means the affixing of the mobile home to its permanent site. For mobile homes
within mobile home parks or mobile home subdivisions "start of construction"
msans the date on which the construction of facilities for servicing the site on
which the mobile home is to be affixed (including, at a minimum the construction
of streets, either final site grading, or the pouring of concrete pads, and
installation of utilities ) is c~mpleted.
16.82.260 Structure. "Structure" is a walled and roofed building or
mobile home that is principally above ground.
Ordinance No. 174
Page 6
16.82.270 Substantial In~roveu~ent. "Substantial improv~ent" m~ns any
repair, reconstruction, or i~prov~ment to a structure, the cost of which or
exceeds fifty percent (50%) of the market value of the structure either:
before the improv~m~__nt or repair is started; or
if the structure has ~c~n damaged and is being restored, before the
damage occurred. For the purposes of this definition, "substantial
improv~ent" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building c~men-
ces, whether or not that alteration affects the external dimensions of
the structure.
This term does not, however, inclen4, either:
Be
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
any alteration of a structure listed on the National Register of
Historic Places or a State Inventory of Historic places.
16.82.280 Variance. "Variance" mea_ ns a grant of relief from the
requirements of this ordinance which permits construction in a manner that would
otherwise be prohibited by this ordinance.
Chapter 16.84
C~ALPROVISIONS
16.84.010 Lands to Which this Ordinance Applies. This ordinance shall
apply to all areas of special flood hazards within the jurisdiction of the City
of Poway.
16.84.020 Basis for Establishing the Areas of S~ecial Flood Hazard.
The areas of special flood hazard identified by the Federal Insurance
A~ninistration, through the Federal ~rgency Management Agency in a scientific
and engineering report entitled "The Flood Insurance Study for the City of Poway
dated August 19, 1985, with an accompanying Flood Insurance Rate Map is hereby
adopted by reference and declared to be a part of this ordinance. The Flood
Insurance Study is on file at 13325 Civic Center Drive, Poway, California.
16.84.030 C~t~liance. No structure or land shall hereafter be
constructed, located, extended, converted, or altered without full
compliance with the terms of this ordinance and other applicable regulations.
16.84.040 Abrogation and Greater Restrictions. This ordinance is not
intended to repeal, abrogate, or impair any existing easements, covenants,
or dccd restrictions. However, where this ordinance and or other ordinance,
easement, covenant, or ~ restriction conflict or overlap, whichever imposes
the more stringent restrictions shall prevail.
Ordinance No. 174
Page 7
16.84.050 Interpretation. In the interpretation and application of
this ordinance, all provisions shall be:
A. considered as minimum requir~nents;
B. liberally construed in favor of the governing body; and
c. dc~---med neither to limit nor repeal any other powers granted under state
statutes.
16.84.060 Warnin~ and Disclaimer of Liability/. The degree of flood
protection required by this ordinance is considered reasoDable 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
man-made or natural causes. This ordinance does not imply that land outside the
areas of special flood hazards or uses permitted within such areas will be free
frc~ flooding or flood ~amages. This ordinance shall not create liability on
the part of the City of Poway any officer or employee thereof, or the Federal
Insurance Administration, for any flood damages that result reliant on this
ordinance or any administrative decision lawfully made thereunder.
Chapter 16.86
ADMINISTRATION
16.84.010 Establishment of Develo~nent Permit. A Develola~ent Permit
shall be obtained before construction or develol~nent begins within any area of
special flood hazard established in Section 16.82.020. Auplication for a
Develo[m~nt Permit shall be made on forms furnished by the Director of Public
Services 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 facili-
ties; and the location of the foregoing. Specifically, the following infor-
mation is required:
proposed elevation in relation to mean sea level, of the lowest habi-
table floor (including basement) of all structures; in Zone AO eleva-
tion of existing gradeandproposedelevation of lowest habitable floor
of all structures;
B. proposed elevation in relation to mean sea level to which any structure
will be floodproofed;
certification by a registered professional engineer or architect that
the floodproofing methods for any nonresidential structure m~ct the
floodproofing criteria in Section 16.88.010(C)(3); and
D. description of the extent which any watercourse will be altered or
relocated as a result of proposed develoI~nent.
Ordinance No. 174
Page 8
16.86.020 Designation of the Administrator. ~ne Director of Public
Services is hereby appointed to administer and implement this ordinance by
granting or denying develo[~nent permit applications in accordance with its pro-
visions.
16.86.030 Duties and Responsibilities of the Administrator. The duties
and responsibilities of the administrator shall include, but not be limited to:
A. Permit
1. Review of all develol~nent permits to determine that the permit
requirements of this ordinance have ~-~n satisfied.
2. Review of all permits to determine that the site is reaso~hly
safe frcm flooding.
3. Review of all development permits to determine if the proposed
development adversely affects the flood carrying capacity of the
area of special flood hazard. For purposes of this ordinance,
"adversely affected" means that the cumulative effect of the pro-
posed develolm~nt, when combined with all other existing and anti-
cipated develo~nt, will not increase the water surface elevation
of the base flood more than one (1) foot at any point.
4. Review of all proposals for the develoi~ent of five (5) parcels or
more to assure that the flood discharge exiting the develoI~nent
after construction is equal to or less than the flood discharge at
the location prior to development.
Be
Use of Other Base Flood Data. Men base flood elevation data has not
been provided in accordmnce with Section 16.84.020, Basis for
Establishing the Areas of Special Flood Hazard, the Director of Public
Services shall obtain, review, and reasonably utilize the best base
flood data available from any source: federal, state, or other; such
as high water mark(s), floods of record, or private engineering
reports, in order to administer Section 16.88 and provide the developer
with an estimated base flood elevation.
Single parcels will be required to elevate the lowest floor of any
residential structure to no less than tw~ (2) fcct above natural
grade when base flood data does not exist. Non-residential struc-
tures may elevate or floodproof to meet this standard.
Multiple parcels (five or more) will be required to have all pro-
posals establish the 100-year base flood elevation before con-
sideration of the preliminary plan for development. The Director
of Public Services may, at his/her discretion, require standards
exc~-~ding those identified in Section 16.88.050.
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Information to be Obtained and Maintained. The c~.~unity shall obtain
and maintain for public inspection and make available as needed for
flood insurance policies:
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Ordinance No. 174
Page 9
1. The certification required in Sections 16.88.010(C)(1)(2) and (3),
16.88.050(E), 16.88.060(D); and
Certification of the elevation of the lowest floor, floodproofed
elevation, or the elevation of the structure's lowest horizontal
member is required at that point where the footings are set and
slab poured. Failure to s;,~it elevation certification shall be
cause to issue a stop-work order for the project. As-built plans
certifying the elevation of the lowest adjacent grade is also
required.
If fill is used to elevate a structure above the base flood eleva-
tion, the permit holder may wish to apply for a Letter of ~ap
Amendment (LOMA), as set forth in Section 16.92 of this ordinance.
Alteration of Watercourses. It is the responsibility of the Director
of Public Services to:
Notify adjacent c~-~-Lunities and the De~t of Water Resourses
prior to any alternation or relocation of a watercourse, and sub-
mit evidence of such notification to the Federal ~ergency
Management Agency.
It is required that the flood carrying capacity of the altered or
relocated portion of said watercourse be maintained by the c0m-
munity.
Interpretation of Flood Insurance Rate Map (FIRM) Boun~l~ries. The com-
munity will provide interpretations, where ncccled, as to the exact
location of the bou~4mries of the areas of special flood hazards (for
example, where there appears to be a conflict between a mapped bour~mry
and actual field conditions). The person contesting the location of
the boum4~y shall be given a reasoDahle opportunity to appeal the
interpretation as provided in Section 16.90.
Maintenance of Flood Protection F~sures. The maintenance of any and
all flood protection me~sures (levees, dikes, dm~s, 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 of Public
Services. The cc~nunity is required to acknowledge all maintenance
plans by the adoption of such plans by ordinance.
Hazard Mitigation Plan. The local agency or board responsible for
reviewing all proposals for new development shall weigh all requests
for future floodplain development against the cc,~m~nity's General Plan.
Consideration of the following elements are required before approval:
1. determination of whether or not a proposed development is in or
affects a known floodplain;
Ordinance No. 174
Page 10
2. inform the public of the proposed activity;
3. determine if there is a practicable alternative or site for the
proposed activity;
4. ~entify impact of the activity on the floodplain; and
5. provide a plan to mitigate the impact of the activity with provi-
sions in Section 16.86.030 (A) (4).
16.88.010
Chal)ter 16.88
PROVISIONS FCR FLOOD HAZARD RRr~3CTION
Standards of Cc~struction. In all areas of special flood
hazard, the following s~n~l~rds are required:
A.
Anchoring
All new construction and subs~_ntial improvements shall be
anchored to prevent flotation, collapse or lateral movement of the
structure.
2. All mobile hcme units shall n~ct the anchoring standards of
Section 16.88.060 (A).
B. Construction Materials and Methods
All new construction and substantial impr~ts shall be
const~_cted with materials and utility equitm~_nt resistant to
flood damage.
2. All new construction and substantial improv(anents shall use
methods and practices that minimize flood damage.
Ail elements that function as a part of the structure, such as
furnace, hot water heater, air conditioner, etc., shall be ele-
vated to or above the base flood elevation or depth number speci-
fied on the Flood Insurance Rate Map (FIRM).
C. Elevation and Floodproofing
New construction and substantial improvement of any structure
shall have the bettcm of the low~st floor be~__m or basement floor
elevated to or above the base flood elevation. Non-residential
structures will meet the s~a__n~ards in Section 16.88.010(C)(3).
upon c~letion of the structure the elevation of the lowest
floor, including the basement, shal 1 be certified by a registered
Ordinance No. 174
Page 11
professional engineer or surveyor or verified by the local build-
ing inspector that the elevation requirements have ~_n met.
Notification of compliance shall be recorded as set forth in
Section 16.86.030(c).
New construction and substantial improvement to any structure in a
Zone AO shall have the bottom of the lowest floor be_~ or basement
floor elevated to or above the depth number specified on the Flood
Insurance Rate Map (FIRM). If there is no depth number on the
Flood Insurance Rate Map (FIRM), the bottc~ of the lowest floor
be~ or basement floor shall be elevated to a depth of one (1)
foot above the highest ad,cent grade. Non-residential structures
will meet standards in Section 16.88.010(C)(3). Upon completion
of the structure, compliance to the elevation requirement shall be
certified by a registered professional engineer or surveyor or
verified by the local building inspector. Notification of
compliance shall be recorded as set forth in Section 16.86.030(C).
Non-residential construction shall either be elevated in confor-
mance with Section 16.88.010(C)(1) or (2) together with attendant
utility and sanitary facilities, be floodproofed to the base flood
elevation. Examples of floodproofing include, but are not limited
to:
(a) Installation of watertight doors, bulkheads, and shutters.
(b) Reinforcement of walls to resist water pressure.
(c) Use of paints, membranes, or mortars to reduce seepage
through walls.
(d) ~dition of mass or weight to structure to resist flotation.
(e) Armor protection of all fill materials from scour and/or
erosion.
(f)
Certification by a registered professional engineer or archi-
tect that the standards of this subsection are satisfied.
Such certification shall be provided to the official set
forth in Section 16.86.030(C)(1).
Mobile homes shall m~-ct the above standards and also the standards
in Section 16.88.050.
Structures in Coastal High Hazard Areas sb~ll meet the require-
ments of Section 16.88.050.
Ordinance No. 174
Page 12
16.88.020 St~n~]~rds for Alluvial Fans. ar~as subject to alluvial fan
flooding have irregular flow paths that result in erosion of existing channels
and the undermining of fill material. Those areas are identified on the Flood
Insurance Rate Map (FIRM) as AO Zones with velocities.
ae
Bm
All structures must be securely anchored to minimize the impact of the
flood and sediment ~age.
All new construction and substantial improvements must be elevated on
pilings, col%,,l~s, or armored fill so that the bottom lowest floor be~
is elevated at or above the depth number.
Use of all fill materials must be armored to protect the material from
the velocity of the flood flow.
Ail proposals for subdivision development must provide a mitigation
plan that identifies the engineering methods use to:
1. protect structures from erosion and scour caused by the velocity
of the flood flow;
2. capture or transport flood and sediment flow through the sub-
division to a safe point of disposition.
Ail mobile hemes shall be prohibited within the identified hazard area
except within existing mobile home parks or subdivisions.
16.88.030 Standards for Storage of Materials and Equi~xcent.
The storage or processing of materials that are, in time of flooding,
bouyant, flaamable, explosive, or could be injurious to hcm~n, animal,
or plant life, is prohibited.
Bo
Storage of other material or equiL~ent may be allc~ed if not subject to
major ~_~age by floods and firmly anchored to prevent flotation or if
readily removable from the area within the time available after flood
warning.
16.88.040 Standards for Utilities.
A®
16.88
Ail new and replacement water supply and sanitary sewage syst~mls shall
be designed to minimize or eliminate infiltration of flood waters into
the system and discharge from systems into flood waters.
On-site waste disposal systems shall be located to avoid impairment to
them or contamination frem them during flooding.
.050 Standards for Subdivisions.
A. All preliminary subdivision proposals shall identify the flood hazard
area andthe elevation of the hase flood.
Be
Ordinance No. 174
Page 13
Ail 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 elevation shall be certified by a
registered professional engi .n~-~r or surveyor and provided to the offi-
cial as set forth in Section 16.86.030(C)(1).
All subdivision proposals shall be consistent with the nccd to minimize
flood ~]a~ge.
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical, and water systems located and
constructed to minimize flood d~age.
All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage as set forth in Section
16.86.030(A)(1). Certification of compliance shall be required of the
developer.
16.88.060 Standards for Mobile Hcm~s, ~4~bile ~ Parks and Subdivisions
Be
All new mobile homes and a~d~tions to mobile homes shall be set on per-
manent foundation by anchoring the unit to resist flotation, collapse,
or lateral movement by one of the following methods:
by providing an anchoring system designed to withstand horizontal
forces of 15 pounds per sc~re foot and uplift forces of 9 pounds
per scot-re foot; or
by the anchoring of the unit's system, designed to be in
compliance to the Department of Housing and Urban Development
Mobile Home Construction and Safety Standards; or
by bolting the frame or undercarriage to a reinforced, permanent
foundation such as a retaining wall or storm wall used to set the
unit.
The following standards are required for (a) mobile homes not placed in
mobile hc~e parks or subdivisions, (b) new mobile home parks or sub-
divisions, (c) expansions to existing mobile home parks or subdivi-
sions, and (3) repair, reconstruction, or improvements to existing
mobile home parks or subdivisions that e~] s or excc~---4_s fifty percent
(50%) of the value of the strccts, utilities, and pads before the
repair, reconstruction, or improvement commenced.
1. A~_~/ate surface drainage and access for a hauler shall be
provided.
e
All mobile homes shall be placed on pads or lots elevated on com-
pacted fill or on pilings so that the lowest floor of the mobile
home is at or above the base flood level. If elevated on pilings:
Ordinance No. 174
Page 14
(a) the lots shall be large enough to permit steps;
(b) the pilings shall be placed in stable soil no more than ten
(10) feet apart; and
(c) reinforcemmnt shall be provided for pilings more than six (6)
feet above ground level.
C. No mobile home shall be placed in a floodway, except in an existing
mobile home park or existing mobile home subdivision.
D. hi>mobile home shall be placedin a coastal highhazardarea, except in
an existingmobilehcme subdivision.
Certification of cc~pliance is required of the developerresponsible for the
plan or state agency responsible for regulating~bile h~ne plac~nent.
16.88.070 Floodwa~s. Located within areas of special flood hazard
established in Section 16.84.020, 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:
ae
Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a regis-
tered professional engineer or architect is provided demonstrating that
encroachments shall not result in any increase in flood levels during
the occurrence of the base flood discharge.
If no floodway is identified, the permit holder shall provide an engi-
r~ccring 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 (1) foot; or
establish a setback from the stream bank equal to five (5) times the
width of the stream at the top of the bank or twenty (20) feet on each
side from the top of the bank, whichever is greater.
16.90.010
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Be
Chat)ter 16.90
VARIANCE P~
A~peal Board.
The City Council shall hear and decide appeals and requests for varian-
ces from the requirements of this ordinance.
The City Council shall hear and decide appeals when it is alleged there
is an error in any requirement, decision or determination made by the
Director of Public Services of this ordinance.
Do
Eo
Ordinance No. 174
Page 15
The City Council shall hear and decide appeals when it it alleged there
is an error in any requirement, decision or determination made by the
Director of Public Services of this ordinance.
Those aggrieved by the decision of the City Council or any taxpayer,
may seek review of such decision in the Superior Court of the County of
San Diego as provided in California Code of Civil Procedure Section
1094.5 within the time limits provided in California Code of Civil
Procedure Section 1094.6.
In passing upon such applications, the City Council shall consider all
technical evaluations, all relevant factors, standards, etc., specified
in other Sections of this ordinance, and:
1. the ~nger that materials may be swept onto other lands to the
injury of others.
2. the ~nger of life and property due to flooding or erosion
~l~age.
the susceptibility of the proposed facility and its contents to
flood damage and the effect of such ~mage on the individual
4. the importance of the services provided by the proposed facility
to the c~a~unity.
5. the necessity to the facility of a waterfront location, where
applic~_hle.
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 antici-
pated development.
8. the relationship of the proposed use to the comprehensive plan and
floodplain management program for that area.
e
the safety of access to the property in times of flood for ordi-
nary and ~rgency vehicles.
10.
the expected heights, velocity, duration, rate of rise, and sedi-
ment 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 uti-
lities and facilities such as sewer, gas, electrical, and water
system, and streets andbridges.
Ordinance No. 174
Page 16
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 items 1-11 in Section
16.90.010(D) have been fully considered. As the lot size increases
beyond the one-half acre, the technical justification required for
issuing the variance increases.
Upon consideration of the factors of Section 16.90.010(D) and the pur-
pose of this ordinance, the City Council may attach such conditions to
the granting of variances as it de~ns necessary to further the purpose
of this ordinance.
The Director of Public Services shall maintain the records of all
appeal actions and report any variances to the Federal Emergency
Management Agency upon request.
16.90.020 Oonditions for Variances.
ae
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 r~nainder of this Section.
B. Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
Ce
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
D. Variances shall only be issued upon:
A showing of good and sufficient cause such as renovation, rehabi-
litation, or reconstruction. Variances issued for economic con-
siaerations, aesthetics, or because variances have ~=n 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.
A determination that the granting of a variance will not result in
increase 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.
Any applicant to whcmn a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest
flood elevation below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting
from the reduced lowest flood elevation.
Ordinance No. 174
Page 17
Chapter 16.92.010
16.92.010 Letter of Map Amendment. There are two methods of appeal
that exempt a structure from the purchase of flood insurance, both must be sup-
ported by the items listed below:
A. Appeal to Elevation l~quir~e_nts:
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.).
A copy of the Flood Hazard Boundary Map (FHBM) and/or Flood
Insurance Rate Map (FIRM). Both must identify the location of the
property.
3. A certification by a registered professional engine=er or land sur-
veyor or verification by the ccam~mity building official stating:
(a) the type of structure;
(b) the elevation of the lowest finished grade adjacent to the
structure;
(c) the elevation of the bottom of the lowest floor bea__m.
B. Appeal of Location:
An actual stamped copy of the recorded plat mp 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.).
A copy of the Flood M~zard Bourwtmry 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 loca-
tion.
16.94.020 Interpretation. This Chapter shall be read in barmony with
all provisions of the Poway Municipal Code. In the event of irreconcilable
conflict with any provision of this Code, the provisions of this Chapter shall
prevail regardingthe subject matter thereof.
Ordinance No. 174
Page 18
f~ECTIVE DA~',:: This ordinance shall take effect and be in force thirty
(30) days after the date of its passage; and the City Clerk of the City of Poway
is hereby authorized to use sum~ry publication procedures pursuant to
Goverr~ent Code Section 36933 utilizing the Powa~; News-Chieftain, a newspaper of
general circulation published in the City of Poway.
Introduced and first read at a regular m~-cting of the City Council of the
City of Poway held the 1st day of October, 1985, and thereafter PASSfD ASD
ADO~ at a regular ~ting of said City Council held the 15th day of October,
1985, by the following roll call vote:
AYES: COUNCII~Mf~S: KRUSE, ORAVEC, S~RPARDSON, TARZY, f~ERY
Marjorie K. Wahlsten, City Clerk
7{obert C. Emery, Mayo~