Chula Vista City Zoning Code
19.50 F-1
Floodway Zone
19.50.010 Purpose and intent.
It is the purpose of the City Council in establishing the F-1 zoning restrictions, for use in areas subject to floods and inundation, to provide land use regulations to be applied on a uniform basis to such properties based upon documented and factual data from flood experience and engineering studies of possible and probable future flooding conditions, so as to prevent property damage and safeguard the health, safety and general welfare of the people. This zoning is intended to be applied to those areas which, by virtue of existing or potential construction of buildings and structures therein, or in surrounding areas, have or will have in the future the effect of creating aggravated flooding situations which theretofore, in their undeveloped state, did not constitute dangers to the public health, safety or general welfare. These zones are further intended to provide such safeguards until such time as flood protective or control works in the nature of channels or levees have been constructed so as to minimize such danger in the outlying or fringe floodway areas. (Ord. 1281 § 2, 1970; Ord. 1212 § 1, 1969; prior code § 33.525(A)).
19.50.020 Definitions.
As used in this chapter, unless otherwise prescribed by the context, the following meanings shall apply:
A. “Designated floodway” means an area consisting of the channel of a stream and/or that portion of the adjoining floodplain which would serve both to adequately accommodate floodwaters to be expected at frequent intervals in periods of heavy rainfall, and which would be required to reasonably provide for the construction of flood control projects for the passage of design flood by means of flood control channels, and including the lands necessary for the construction of project levees.
B. “Design flood” means the selected flood against which protection is provided, or eventually will be provided, by means of flood protective or control works. When a federal survey has been authorized, the design flood will be determined by the appropriate federal agency and in all other cases it will be determined by the Director of Public Works. It shall be the basis for design and operation of a particular project after full consideration of flood characteristics, frequencies and potentials, and economic and other practical considerations.
C. “Floodproof structure” is any structure which, in the opinion of the Director of Public Works, is designed and constructed to resist flotation, destruction or major damage by the maximum flood predicted for the structure site by the U.S. Army Corps of Engineers or the Director of Public Works.
D. “Restrictive zone” means the portion of the floodway in its natural state or as modified by grading and fill, delineated by the flood level to be expected in a storm of 100-year intensity, constituting the overflow area from the designated floodway or the outlying or fringe area located between the limits of the designated floodway and the limits of the floodplain, where inundation which could endanger life, property and general welfare may occur, but where frequency of flooding and depths and velocities are generally low.
E. “Structure” as herein used does not include public utility facilities or electric, gas or communication lines lawfully present. (Ord. 1281 § 2, 1970; Ord. 1212 § 1, 1969; prior code § 33.525(B)).
19.50.030 Established – Regulations generally.
A designated floodway zone is established to preserve a natural channel or open area to meet the need to carry abnormal flows of water in times of flood; to confine periodic floods to reasonable limits; to limit and minimize the structural developments tending to obstruct and divert the natural or directed flow and curb encroachment of floodwaters into the restrictive zone, thus limiting flood heights and flood destruction; and to prevent loss of life and excessive damage to property in the area of greatest flood hazard. The F-1 zone shall be applied to those areas within the City conforming to the definition of the designated floodway as determined by the City Council, based upon studies made by the U.S. Army Corps of Engineers or the Director of Public Works. In the designated floodway zone, the regulations in CVMC 19.50.040 and 19.50.050 shall apply. (Ord. 1281 § 2, 1970; Ord. 1212 § 1, 1969; prior code § 33.525(C)).
19.50.040 Uses – Permitted with conditional use permit – Prohibited when.
No building or structure shall be constructed, erected, moved, converted, altered or enlarged in the designated floodway zone, nor shall any other condition be allowed which would tend to cause stream channel alteration, or affect the carrying capacity of a floodway or otherwise constitute a threat to life and property. The following uses are permitted subject to the approval of a conditional use permit as herein provided, containing such conditions as the Planning Commission may specify to protect the public interest:
A. Uses such as loading and unloading areas, parking lots and used car lots;
B. Open-type private and public recreational facilities such as parks, golf courses, air fields, athletic fields, and drive-in theaters;
C. Circuses, carnivals or other similar transient amusement enterprises;
D. Storage yards for equipment and material not subject to major damage by floodwaters;
E. The sale of food, refreshments and other commercial enterprises that would not require the construction of permanent structures;
F. Agricultural uses, including farming, grazing and livestock raising;
G. Any other use customarily accessory or incidental to the above uses, or uses of a similar nature which do not require the construction of permanent structures and which, in the opinion of the Planning Commission, conform to the intent and purpose of this zone. (Ord. 1281 § 2, 1970; Ord. 1212 § 1, 1969; prior code § 33.525(C)(1)).
19.50.050 Uses – Standards required to be met prior to issuance of permit.
Prior to the issuance of a conditional use permit for any of the uses authorized by this chapter, the plans for such use shall be submitted to the Planning Commission for review and approval or disapproval. In its review of plans submitted, the Planning Commission shall be guided by the following standards, keeping in mind that the purpose of this chapter is to prevent encroachment of floodwaters on adjacent properties as well as preventing undue increase in flood heights and danger to life and property within this zone:
A. Any use permitted shall be of a type not appreciably damaged by floodwaters; provided, that no structures for human occupation shall be permitted.
B. No fill shall be permitted.
C. On development lots, the percentage of lot occupied by the main structure at the time of the adoption of the ordinance codified in this title shall not be increased, and any new structure shall occupy not more than 10 percent of the lot.
D. Any structure permitted shall be floodproof and constructed and placed on the lot so as to offer the minimum obstruction to the flow of water, such as placing the structure with open ends parallel to the flow of water, rather than at right angles to such flow.
E. Any structure permitted shall be firmly anchored to prevent the structure from floating away and thus threatening to further restrict bridge openings and other restricted sections of the channel or open area.
F. Where, in the opinion of the Planning Commission, topographic data, engineering studies or other studies are needed to determine the effects of flooding on a proposed structure and/or the effect of the structure on the floodway, the Planning Commission may require the applicant to submit such data and/or studies prepared by competent engineers or other technical people.
G. The granting of such approval shall not constitute a representation, guarantee, or warranty of any kind or nature of the City or the Planning Commission, or by an officer or employee of either thereof, of the practicability or safety of any structure or other plan proposed, and shall create no liability upon, or a cause of action against, such public body, officer or employee for any damage that may result pursuant thereto. (Ord. 1281 § 2, 1970; Ord. 1212 § 1, 1969; prior code § 33.525 (C)(2)).