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
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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
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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
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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
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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