February 15, 2022, Item #12DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway February 15, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services (4'\ Melody Rocco, City Engineer~ (858) 668-4653 or [email protected] CITY COUNCIL An Ordinance Amending Title 16 of the Poway Municipal Code, Sections 16.58.020, 16.58.090, 16.58.100, 16.58.110, 16.60.030, 16.62.030, 16.82.220, and 16.82.400, Relating to Floodplain Management Regulations The City of Poway participates in the National Flood Insurance Program's (NFIP) Community Rating System (CRS). The CRS program provides discounts on flood insurance to property owners. The NFIP has determined that in order to achieve or maintain a Class 8 CRS rating or achieve a higher rating, a new prerequisite related to residential building regulations must be implemented. The attached Ordinance (Attachment A) will amend Title 16 of the Poway Municipal Code (PMC) to ensure the City's floodplain management regulations continue to meet or exceed the NFIP and CRS requirements. It will also make minor modifications/updates. Recommended Action: It is recommended that the City Council take public input, close the public hearing, and introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for March 1, 2022. Discussion: Divisions IV and V of Title 16 of the PMC contain regulations for the City's floodplain management program. These regulations allow the City of Poway to participate in the CRS program which provides discounts on flood insurance to property owners. The City currently has a Class 8 CRS rating. The City was informed that in order to maintain the Class 8 CRS rating or achieve a higher rating, a new prerequisite related to residential building regulations must be implemented. Currently, Section 16.58.020 states that the lowest floor of new or substantially improved residential and nonresidential structures must be elevated to or above the 100-year flood elevation. The amended language requires the lowest floor to be elevated to one foot or more above the 100-year flood elevation. While reviewing these two divisions of the PMC, staff found several sections that need to be updated. 1 of 6
February 15, 2022, Item #12Sections 16.58.090, 16.58.100, and 16.58.110 relate to construction of any drainage or flood-control structure. The issuance of a permit for such work is dictated by these sections of the PMC and is completed by the Development Services Department. Revisions to these three code sections are minor modifications that will better reflect current procedures. Sections 16.60.030 and 16.62.030 reference the Director of Public Services which is a department that no longer exists at the City. Revisions to these two code sections are modifications to reference the Director of Development Services which is the appropriate department for the activities discussed. A change is being made to Section 16.82.220 which identifies the Director of Development Services as the Floodplain Administrator. This revision will change the Floodplain Administrator to the City Engineer. The City Engineer has the knowledge and experience necessary to review, approve, and issue floodplain development permits and already reviews and approves associated plans and permits with floodplain development. While not required by FEMA and not a requirement of the position, the City Engineer has typically been a Certified Floodplain Manager. Current procedures have FEMA related documents being reviewed by the City Engineer and then signed by the Director of Development Services. This change will remove one step in the process. Section 16.82.400 is being updated to change the North American Vertical Datum from 1929 to 1988 which is the vertical datum used on the current NFIP flood insurance maps. This is the level from which elevations are measured. Environmental Review: Adoption of the proposed 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 procedural changes to the text of Divisions IV and V 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. Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, February 3, 2022. Attachments: A. Ordinance Reviewed/ Approved By: Wendy(ISbserman Assistant City Manager 2 of6 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
February 15, 2022, Item #12ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING TITLE 16 OF THE POWAY MUNICIPAL CODE SECTIONS 16.58.020, 16.58.090, 16.58.100, 16.58.110, 16.60.030, 16.62.030, 16.82.220, AND 16.82.400, RELATING TO FLOODPLAIN MANAGEMENT REGULATIONS WHEREAS, Title 16, Division IV of the Poway Municipal Code (PMC) was adopted to promote the public health, safety, and general welfare by the adoption of floodplain management regulations; WHEREAS, the City of Poway participates in the National Flood Insurance Program (NFIP), and it is required as a condition of participation in the NFIP that the City's floodplain management program meet or exceed certain NFIP regulations; WHEREAS, the City of Poway also participates in the NFIP Community Rating System (CRS) program and it is required as a condition of participation in the CRS, that the City's floodplain management program meet or exceed certain NFIP regulations; WHEREAS, Title 16, Division V of the PMC was adopted to bring the City into compliance with the requirements of the NFIP and allows the City to participate in the CRS; and WHEREAS, the proposed amendments to the PMC will help 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 above recitations are true and correct. SECTION 2: 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 3: Sections 16.58.020, 16.58.090, 16.58.100, 16.58.110, 16.60.030, 16.62.030 of Title 16, Division IV of the Poway Municipal Code are hereby deleted. SECTION 4: Sections 16.58.020, 16.58.090, 16.58.100, 16.58.110, 16.60.030, 16.62.030 are hereby added to Title 16, Division IV of the Poway Municipal Code to read as follows: 16.58.020 Acts prohibited. No person shall do, commit or cause to be done or committed, any of the following described acts: A. Deposit any material of any kind in a watercourse which may impair or impede the flow of water therein; B. Plant any vegetation, other than grasses or annual crops, within a watercourse which may impair, impede or divert the flow of water in such watercourse; 3 of 6 ATTACHMENT A
February 15, 2022, Item #12Ordinance No. *** Page 2 C. Commit any act or in any easement dedicated, granted or reserved for flood-control or drainage purposes which will impair the use of such easement for such purposes; D. Within a floodplain where a Floodplain Designator or a Flood Channel Designator has under the zoning ordinance been applied by the Council or within a floodplain as delineated on approved maps issued by the Federal Insurance Administrator: 1. Construct new or substantial improvements of residential structures unless the lowest floor (including basement) is elevated to one foot or more above the level of the 100-year flood; 2. Construct new or substantial improvements of nonresidential structures unless the lowest floor (including basement) is elevated to one foot or more above the level of the 100-year flood or the structure, including attendant utility and sanitary facilities, is flood proofed up to the level of the 100-year flood. (Ord. 85 § 1 (d), 1983; Ord. 29 § 1, 1981; CC§ 88.102) 16.58.090 Review by the Director of Development Services. Prior to the issuance of any watercourse permit for construction of any drainage or flood-control structure, the Director shall review the application and determine whether the proposed work is consistent with the City's general plan; provided, however, such application need not be reviewed if any of the following conditions are met: A. A City board, commission, or officer having final authority for project approval has determined that the project, which included the proposed work, is consistent with the general plan; or B. The proposed work is pursuant to a tentative map of subdivision which has been approved or conditionally approved. (Ord. 518, 1999; Ord. 29 § 1, 1981; CC § 88.109) 16.58.100 Determination that proposed drainage or flood-control structure is consistent with general plan. If the Director determines that the proposed work is consistent with the City's general plan, he shall so inform the applicant. Upon notification of such determination the watercourse permit may be issued. (Ord. 518, 1999; Ord. 29 § 1, 1981; CC § 88.110) 16.58.110 Determination that proposed drainage or flood-control structure is not consistent with the general plan. If the Director determines that the proposed work is not consistent with the general plan, he shall so inform the applicant and the Council. The watercourse permit shall not be issued unless and until the Council authorizes such issuance following a review of the permit application and making a finding that the proposed drainage or flood-control structure is consistent with the general plan. (Ord. 518, 1999; Ord. 29 § 1, 1981; CC§ 88.111) 16.60.030 Director. "Director" means the Director of Development Services of the City. (Ord. 85 § 1 (a), 1983; Ord. 29 § 1, 1981; CC § 88.101 (b)) 16.62.030 Filing fee and deposit. 4of6
February 15, 2022, Item #12Ordinance No. *** Page 3 Before a permit is issued an applicant shall pay the Director the fee and deposit established by this section unless the plans have been prepared and/or approved by an agency of the Federal, State, County or City government, in which case the fee and deposit are waived if installation is supervised by an agency of the Federal, State, County or City government. A. Filing Fee. A filing fee in the amount that shall be established by City Council resolution from time to time shall be paid at the time application is made for a permit. B. Deposit. A deposit shall be made in addition to the filing fee to cover plan checking, environmental review, processing of easement documents, administration, and inspection of the work. This deposit is to cover the actual cost incurred by the City as estimated by the Director. If the actual cost of checking, review, processing, administration and inspection is less than the deposit, the unused balance of the deposit shall be refunded in the same manner as provided by law for the repayment of trust moneys. If any deposit is insufficient to pay all the actual costs of checking review, processing, administration and inspection, the permittee, upon demand of the Director, shall pay an amount deemed sufficient to complete the work in process. If the permittee fails or refuses to pay such amount upon demand, the Director may refuse issuance of a watercourse permit until the amount is paid in full, or, if a permit is already issued, the work shall be considered incomplete and the permit revoked in accordance with the procedures set forth in PMC 16.62.050. (Ord. 683 § 67, 2008; Ord. 29 § 1, 1981; CC§ 88.203) SECTION 5: Sections 16.82.220 and 16.82.400 of Title 16, Division V of the Poway Municipal Code are hereby deleted. SECTION 6: Sections 16.82.220 and 16.82.400 are hereby added to Title 16, Division V of the Poway Municipal Code to read as follows: 16.82.220 Floodplain Administrator. "Floodplain Administrator" is the City Engineer. (Ord. 599 § 2, 2004) 16.82.400 Mean sea level. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1988 or others to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985) SECTION 7: This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen ( 15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. 5 of6
February 15, 2022, Item #12Ordinance No. *** Page 4 INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 15th day of February, 2022, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 1st day of March, 2022, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 6 of6