This overlay zone is composed of those properties located within the 100-year floodplains of the San Dieguito River and the Los Penasquitos Lagoon which have been identified by the Federal Insurance Administration as being subject to periodic inundation due to flooding. The purpose of the regulations of this Chapter is to promote the public health, safety and general welfare by ensuring that new development, as defined herein, is appropriately sited and constructed so as to avoid hazards to those who will occupy the development; and to avoid damage or hazards to the surrounding area. These regulations are also intended to ensure that development within the Floodplain Overlay Zone will not obstruct flood flow; will be designed to reduce the need for construction of flood control facilities that would be required if unregulated development were to occur; and to minimize the cost of flood insurance to Del Mar residents.

In order to accomplish its purposes, this Chapter includes regulations that prohibit development that would result in increases in erosion or flood levels through the inappropriate placement of fill or barriers. The Chapter also includes regulations to prohibit or restrict uses, which would otherwise be incompatible with flood prone areas.

(Ord. No. 516; Ord. No. 722)

A.

Property within the Floodplain Overlay Zone shall be designated by ordinance to be depicted upon the City Zone Map.

B.

Real Property within the Floodplain Overlay (FPO) Zone shall be further designated by ordinance on the City Zone Map as being within:

1.

A special flood hazard area identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the San Diego County and incorporated areas Flood Insurance Study (FIS), dated June 16, 1999, and accompanying Flood Insurance Rate Map (FIRM), dated June 16, 1999, and all subsequent amendments and/or revisions are hereby adopted by reference and declared to be a part of this Chapter. This FIS and attendant mapping are the minimum area of applicability for this Chapter and may be supplemented by studies for other areas that allow implementation of this Chapter and are recommended to the City Council by the Floodplain Administrator. The FIS and FIRM are on file in the City of Del Mar.

Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application.

A.

Area of Shallow Flooding shall mean an area designated as AO Zone on the Flood Insurance Rate Map. Areas of shallow flooding include one or more of the following characteristics:

1.

The base flood depths range from one to three feet;

2.

A clearly defined channel does not exist;

3.

The path of flooding is unpredictable and indeterminate; and/or

4.

A velocity flow may be evident.

B.

Area of Special Flood Hazard shall mean an area having special flood or flood-related erosion hazards, and which are designated on an FHBM or FIRM as Zone A, AO, A 1-30, AE, A99, AH, V1-30, VE, or V.

C.

Base Flood shall mean a flood having a one percent chance of being equaled or exceeded in any year. "Base Flood" shall mean the same as "100-year Flood."

D.

For the purposes of this Chapter, Basement shall mean any area of a building having its floor below ground level on all sides.

E.

Breakaway Wall shall mean any wall, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing 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. A breakaway wall shall have a design-safe loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

1.

Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

2.

The elevated portion of the building shall not incur any structural damage due to the effects of winds and water loads acting simultaneously during a 100-year event.

F.

Coastal High Hazard Area shall mean an area of special flood hazard extending from offshore to any area subject to high velocity wave action from storms or seismic forces. Such areas are subject to high velocity waters, including coastal and tidal inundation or tsunamis. Coastal High Hazard Areas are designated on the Flood Insurance Rate Map (FIRM) as being in Zone V1-30, VE or V.

G.

Development shall mean any man-made change to real property including, without limitation, filling, grading, paving, excavation, drilling, mining, dredging, or storage of materials.

H.

Director shall mean the Director of Planning and Community Development. The Director shall serve as the City's Floodplain Administrator to administer and enforce the Floodplain management regulations of this Chapter.

I.

Encroachment shall mean the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain that may impede or alter the flow capacity of a floodplain.

J.

Flood Insurance Rate Map (FIRM) shall mean the official map prepared for the City of Del Mar by the Federal Insurance Agency and adopted, along with amendments thereto, by resolution of the City Council, delineating the areas of special flood hazards and the risk premium zones applicable to the community.

K.

Flood Insurance Study shall mean the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map (FIRM), and Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

L.

Floodplain or Flood-prone area shall mean any land susceptible to being inundated by water from any source.

M.

Floodproofing shall mean any combination of structural and non-structural additions, changes or adjustments to nonresidential structures which reduce or eliminate flood damage to real estate or improved property and that are designed so that the area of the structure below the base flood level is watertight with walls substantially impermeable to the passage of water.

N.

Floodway shall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to accommodate the discharge of the base flood without cumulatively increasing the water surface elevation more than one foot. "Floodway" shall mean the same as "Regulatory Floodway."

O.

Hardship shall mean the exceptional hardship that would result from a failure to grant the requested relief from the provisions of this Chapter. To qualify as a hardship, the proposal shall involve factors, which are exceptional, and unique to the property involved. The existence of economic or financial impacts alone shall not constitute a hardship. Inconveniences, aesthetic considerations, physical handicaps, personal preferences, or the disapproval or preference of neighbors likewise shall not qualify as a hardship in that each of these factors could be resolved through other means, without the granting of relief from the provisions of this Chapter even if such alternatives are more expensive or would require the property owner to pursue a different project.

P.

Hazard Mitigation Plan shall mean a plan, which incorporates a process whereby the potential of future loss due to flooding can be minimized through planning, and implementation of floodplain management community-wide.

Q.

Highest Adjacent Grade shall mean the highest natural elevation of the ground surface adjacent to the wall(s) of a structure prior to construction.

R.

Lowest Floor shall mean the lowest floor of the lowest enclosed area (including basement) of a structure. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Chapter.

S.

Manufactured Home shall mean a building, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days but does not include Recreational Vehicles as defined in this Chapter.

T.

Manufactured Home Park or Subdivision shall mean a parcel (or contiguous parcels) of land divided into two or more lots to be used for manufactured homes.

U.

Mean Sea Level shall mean the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on the City's Flood Insurance Rate Map are referenced.

V.

New Construction shall mean structures for which the "start of construction" commenced on or after the date of adoption of the ordinance from which this Chapter derives.

W.

Obstruction shall mean and shall include any dam, wall, wharf, embankment, levee, dike, pile abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material, along, across or projecting into any watercourse which may alter, impede, retard, or change the direction and/or velocity of the flow of water, which due to its location, may alter its propensity to snare or collect debris carried by the flow of water, or alter its likelihood of being carried downstream.

X.

One-hundred Year Flood. See "Base Flood."

AA.

Recreational Vehicle shall mean a vehicle, which is:

1.

Built on a single chassis;

2.

Four hundred square feet or less in size;

3.

Designed to be self-propelled or permanently towable by a light vehicle truck; and

4.

Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational camping or travel.

BB.

Special Flood Hazard Area (SFHA) shall mean an area having special flood, mudslide or flood related erosion hazards and which is shown on an FHMB or FIRM as Zone A, AO, A1-A30, A99, AH, AE, M, V1-V-30 or V.

CC.

Start of Construction shall mean the date on which a valid building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footing, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction shall not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor shall it include excavation for a basement, 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 which are not part of the main structure.

DD.

Structure shall mean a walled and roofed building. The term "structure" shall also include, a manufactured home that is principally above ground and which contains a gas or liquid storage tank.

EE.

Substantial Damage shall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred, as determined by the Director.

FF.

Substantial Improvement.

1.

Substantial Improvement shall mean any repair, reconstruction or improvement of a structure, when, pursuant to a determination by the Director, the cost of the repair, reconstruction or improvement equals or exceeds fifty percent of the market value of the structure either:

a.

Before the improvement or repair is started, or

b.

If the structure has been damaged 50 percent or more and is being restored, as it existed before the damage occurred.

2.

For purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

3.

The term "Substantial Improvement" does not however, include either:

a.

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

b.

Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

GG.

Variance shall mean a grant of relief from the requirements of this Chapter, which permits construction in a manner that would otherwise be prohibited by this Chapter.

HH.

Water surface elevation shall mean the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

II.

Watercourse shall mean a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

The following uses are allowed within the Floodplain Overlay Zone, subject to the receipt of a Floodplain Development Permit and all other permits required by this Title.

A.

Any use permitted in the underlying zone or zones, subject to the same conditions and restrictions applicable to such underlying zone or zones.

B.

Any irrigation, drainage or flood control structure or facility, and/or any public facility or improvement necessary for maintaining a lagoon, waterway or floodway system.

A.

It shall be unlawful for any person to engage in the implementation of a project that involves new construction or the substantial improvement to an existing structure without first having obtained a Floodplain Development Permit, when such Permit is required pursuant to this Chapter.

B.

No building permit or other development permits shall be issued relating to a structure for which a Floodplain Development Permit is required until the Floodplain Development Permit is obtained.

A.

An application for a Floodplain Development Permit shall be submitted to the Director on forms provided by the City together with an application fee set by City Council resolution.

B.

The application material shall include data and certifications prepared by a registered engineer as necessary to provide supporting calculations and studies for all information required on the application. The application material shall include, but not be limited to:

1.

The elevation, expressed in relation to NGVD, of all floors (including basements) of all proposed and existing structures of the project site;

2.

The proposed elevation, expressed in relation to NGVD, of all proposed floodproofing; and

3.

A description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.

C.

Upon submission of a complete application and payment of the application fee, the Director shall provide notice of the filed application, with members of the public given the opportunity to review the application at City Hall, and the opportunity to submit written information to the Director. Notice shall be provided:

1.

In accordance with the noticing requirements for public hearings stated in this Title, for discretionary permit applications;

2.

Through notification to adjacent local agencies and the applicable State coordinating agencies, and through submitting evidence of such notification to the Federal Emergency Management Agency and the Federal Insurance Administration.

D.

A determination on the application shall be made by the Issuing Authority as set forth below:

1.

For applications, which have been deemed to be in compliance with all of the applicable provisions of this Chapter, the Director of Planning and Community Development shall be the Issuing Authority for the Floodplain Development Permit.

2.

For applications which do not meet one or more of the applicable provisions of this Chapter and for which relief from such provisions is requested by the applicant, the Planning Commission shall be the Issuing Authority for the Floodplain Development Permit.

E.

The Issuing Authority for the Floodplain Development Permit shall review the application to ensure that all other required state and federal permits are obtained, and shall approve, conditionally approve, or deny the application based upon the regulations of this Chapter. The Issuing Authority may impose conditions in the permit as necessary and or authorized to ensure the project's continued compliance with the provisions of this Chapter.

F.

For a period of at least five years following the date of submittal of a Floodplain Development Permit application, the Director shall maintain a record of all information submitted as part of the application, including the certifications of all proposed finished floor elevations and elevations of floodproofing required pursuant to this Chapter.

G.

Upon a determination on the application by the Issuing Authority, the Director shall post a notice of determination at City Hall. Such Notice shall provide that the determination will be final in ten days unless an appeal to the City Council is filed in accordance with the provisions of this Code.

The application for a Floodplain Development Permit shall be approved if the Issuing Authority makes a finding that the proposal meets and is consistent with each of the applicable findings shown below. The failure of the proposal to meet and be consistent with each of the applicable findings shown below shall be grounds for denial of the application. Such denial shall be supported by written findings of fact by the Issuing Authority as to how the application fails to meet one or more of the following findings:

The proposed new construction or substantial improvement:

A.

Will not violate the building or zoning regulations of the City.

B.

Will be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

C.

Will be constructed with materials and utility equipment resistant to flood damage.

D.

Will use methods and practices that minimize flood damage.

E.

Will involve a residential structure in an A, AE or AH Zone, and will have the lowest floor (including basement) of such structure elevated at or above the base flood elevation.

F.

Will involve a manufactured home that will be elevated on a permanent foundation such that the lowest floor is at or above the base flood elevation and is securely anchored to an adequately anchored foundation system.

G.

Will involve a nonresidential structure and will have the lowest floor (including basement) elevated to or above the base flood level or, together with attendant utility and sanitary facilities will be floodproofed below the base flood level to the extent that the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, as certified by a registered professional engineer or architect.

H.

Will be in an area of shallow flooding (Zone AO on the community's FIRM) and will have the lowest floor (including basement) elevated at or above the depth number indicated on the most current FIRM; or if there is no depth number on the most current FIRM, the structure will be elevated at least three feet above the highest adjacent grade. As an alternative, nonresidential structures, together with attendant utility and sanitary facilities, may be floodproofed to that level as specified in this Chapter.

I.

Will be in Zones AO and AH on the FIRM and will have adequate drainage paths around structures situated on sloping ground, to guide floodwaters around and away from said structures.

J.

Will involve the floodproofing of a nonresidential structure using a design and/or methods of construction that are in accordance with accepted standards of practice for floodproofing or which will extend the floodproofing to an elevation which is required pursuant to the provisions of this Chapter.

K.

Will have all new and replacement water supply and sanitary sewage systems designed to minimize or eliminate infiltration of flood waters into the system and discharges from the system into flood waters.

L.

Will have on-site waste disposal systems located to avoid impairment to them, or contamination from them, during flooding.

M.

Will have all electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

N.

Will have all fully enclosed areas below the lowest floor that are subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters with designs certified by a registered professional engineer or architect; or will have at least two openings no more than one foot above grade with a total net area of at least one square inch per square foot of flooded area.

O.

Will be located in an area that is reasonably safe from flooding.

P.

Will not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been established. For purposes of this Section, "adversely affects" shall mean 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 elevation more than one foot at any point.

Q.

Will not be sited and designed so as to require the construction or installation of flood protective works.

An application for a Floodplain Development Permit for a project located in an area designated as being within the Coastal High Hazard Sub-zone shall be approved if the Issuing Authority makes a finding that the proposal meets and is consistent with each of the applicable findings shown below. The failure of the proposal to meet and be consistent with each of the applicable findings shown below shall be grounds for denial of the application. Such finding for denial shall be supported by written findings of fact by the Issuing Authority as to how the application fails to meet one or more of the following findings:

A.

The new construction or substantial improvement will not violate provisions of this or other sections of this Chapter, including those regarding General Grounds for Application Denial;

B.

The new construction or substantial improvement will be located landward of the reach of mean high tide;

C.

The new construction or substantial improvement will not involve the use of fill for structural support of buildings;

D.

The new construction or substantial improvement will be elevated on pilings or columns such that:

1.

The bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns) is elevated at or above the base flood elevation; or

2.

The pile or column foundation and the attached structure is anchored to resist flotation, collapse or lateral movement due to the effect of wind and water loads having a one percent chance of being equaled or exceeded in any given year, acting simultaneously on all building components.

E.

The new construction or substantial improvement will have the space below the lowest floor free of obstruction or constructed with non-supporting breakaway walls, open wood lattice work or insect screening intended to collapse under wind and water load without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system; or such enclosed space is not useable for other than parking of vehicles, building access, or storage.

An application for a Floodplain Development Permit may include a request for relief from one or more of the regulations contained in this Chapter. The Issuing Authority for the Permit may approve the request only upon making each of the following written findings of fact that:

A.

The failure to grant the request would result in exceptional hardship to the applicant or to adjacent properties;

B.

The granting of the request will not:

1.

Result in increased flood heights either on the project site or on surrounding properties;

2.

Result in additional threats to public safety;

3.

Result in extraordinary public expense;

4.

Create a public or private nuisance;

5.

Cause fraud on or victimization of the public; or

6.

Conflict with other City regulations; and

C.

The deviation from the requirements of the Chapter is the minimum necessary to afford relief, considering the flood hazard associated with the site.

The approval of a project which involves relief from the provisions of this Code shall be conditioned to require that the applicant acknowledges that the construction of the project in the manner proposed and approved may result in increased premium rates for flood insurance and that such construction increases risks to life and property. The acknowledgment shall be accompanied by a Waiver of Liability, holding the City harmless from damages, which may result from project implementation. The Acknowledgment and Waiver shall be provided in a covenant to be recorded against the deed for the property and to run with the land.

Any applicant to whom a variance relief from the provisions of this Chapter is granted shall provide a written affidavit acknowledging that implementation of a project to construct a structure below the base flood level elevation may result in increased premium rates for flood insurance up to amounts as high as $25 for $100 worth of coverage. A copy of the affidavit notice shall be recorded against the deed for the property by the Floodplain Administrator in the Office of the County Recorder. The recorded affidavit shall run with the land so that it appears in the chain of title of the affected parcel. The covenant shall be of a form and content acceptable to the Director of Planning and Community Development.

The Floodplain Administrator shall maintain a record of action on all applications for a Floodplain Development Permit, all variance actions, including justification for actions that involve authorization for relief from the provisions of this Chapter. All actions that involve authorization for relief from the provisions of this Chapter shall be reported in the City's biennial report submitted to the Federal Insurance Administration of the Federal Emergency Management Agency.

The following restrictions shall apply for properties located in areas designated as being located within a Special Flood Hazard Area pursuant to the provisions of this Chapter.

A.

It shall be prohibited to store or process materials that, in a time of flooding, may become buoyant, flammable, explosive, or could be injurious to human, animal or plant life.

B.

The storage of other material or equipment may be allowed if the storage area will not be subject to major damage by floods and if the stored material is firmly anchored to prevent flotation or is readily removable from the area within the time available after flood warning.

The standards in this Chapter are reasonable for regulatory purposes and are based on scientific and engineering considerations largely determined by the Federal Emergency Management Agency. Floods may occur which result in damage. This Chapter is not intended to imply that development in accordance with these standards is immune from flood damage or that development on properties outside the areas designated as Special Flood Hazards, Areas of Mudslide (i.e., mudflow) will continually be free from flooding or flood damages. In including and enforcing the provisions of this Chapter, the City, including any officer or employee thereof, shall not assume liability for any flood damages that result from reliance on this Chapter or from any decision or action on a permit application lawfully made thereunder.