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Ord 743ORDINANCE NO. 743 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING TITLE 16 OF THE POWAY MUNICIPAL CODE, SECTIONS 16.58.040, 16.84.020 AND 16.86.030, RELATING TO FLOODPLAIN MANAGEMENT REGULATIONS WHEREAS, Title 16, Division V of the Poway Municipal Code (PMC) was adopted to promote the public health, safety and general welfare by the adoption of floodplain management regulations; and WHEREAS, The City of Poway participates in the National Flood Insurance program (NFIP), and it is required as a condition of participation in the NAP that the City's floodplain management program meet or exceed certain NFIP regulations; 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; and WHEREAS, the proposed amendments to the PMC will help to 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 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 2: Sections 16.58.040, 16.84.020, and 16.86.030 of Title 16, Division V of the Poway Municipal Code are hereby deleted. Section 3: Sections 16.58.040, 16.84.020, and 16.86.030 are hereby added to Title 16, Division V of the Poway Municipal Code to read as follows: 16.58.040 Exception to acts prohibited. A. PMC 16.58.020 and 16.58.030 do not prohibit any act lawfully done pursuant to Chapters 12.12 or 12.16 PMC. B. PMC 16.58.020 and 16.58.030 do not prohibit any act lawfully done pursuant to Chapters 16.40 through 16.52 PMC. Compliance with said Chapters 16.40 through 16.52 PMC constitutes compliance with this division and permits, fees, or inspections are required by this division only to the extent that the particular activity is not fully regulated by said Chapters 16.40 through 16.52 PMC. Ordinance No. 743 Page 2 C. PMC 16.58.020 and 16.58.030 do not apply to work performed by organization components of the Federal Government, the State or their contractors. PMC 16.58.020 and 16.58.030 do not apply to the City. D. PMC 16.58.020 and 16.58.030 do not apply to acts of the owner of the watercourse in the routine maintenance thereof provided such acts do not impair, impede or divert the flow of water in such watercourse. E. PMC 16.58.020 and 16.58.030 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. PMC 16.58.020 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. G. PMC 16.58.020 and 16.58.030 do not prohibit the construction of parking facilities within the floodplain fringe area below the 100 -year flood level provided: 1. The parking facility will service a nonresidential building; 2. The structure is open and will not impede the flow of floodwaters. (Ord. 29 § 1, 1981; CC § 88.104) 16.84.020 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 2012 Flood Insurance Study (FIS) and accompanying 2012 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. Ordinance No. 743 Page 3 16.86.030 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 16.84.020, 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 16.88 PMC. Any such information shall be submitted to the City Council for adoption; or 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. L 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." Ordinance No. 743 Page 4 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 six 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 LOMRs 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 (CLOMRs). Approved CLOMRs allow construction of the proposed flood 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 16.88.010(C)(1) and 16.88.040 (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 16.88.030(B) (subdivision standards); 5. Certification required by PMC 16.88.060 (floodway encroachments); 6. Reports required by PMC 16.88.070 (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 Ordinance No. 743 Page 5 base flood elevations shall be used to determine the boundaries of the special flood hazard area pursuant to the process outlined in PMC 16.86.030B. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Chapter 16.90 PMC. F. Remedial Action. Take action to remedy violations of this division as specified in PMC 16.84.030. (Ord. 686 § 2, 2009; Ord. 599 § 2, 2004; Ord. 518, 1999; Ord. 503, 1998; Ord. 245 § 3, 1987; Ord. 174, 1985) Section 4 : 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 5 : This Ordinance shall be codified. 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 the 17th day of April 2012, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 1st day of May 2012. or ATTEST: Li . Troyan, MMC, City Clerk Ordinance No. 743 Page 6 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify, that the foregoing Ordinance No. 743, was duly adopted by the City Council at a meeting of said City Council held on the 1st day of May 2012 and that it was so adopted by the following vote: AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE 4�� nda P. Troyan, MMC, City Clerk City of Poway