The purpose of this chapter is to protect persons and property against flood hazards. In case of conflict between the regulations imposed by this chapter and other County Ordinances, State and Federal Regulations, the regulation imposing the more stringent restrictions shall prevail.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03)
No person shall do or commit or cause to be done or committed, any of the following described acts, nor allow the same to be done on his or her property, nor allow the property to remain in such condition:
(a) Deposit any material of any kind in a watercourse which may impair, impede or accelerate the flow of water therein so as to adversely affect adjoining property;
(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 (unless this is required by a land development permit issued by the County);
(c) Commit any act on 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; or
(d) Within a flood plain where a Flood Plain Designator or a Flood Channel Designator has been applied under the Zoning Ordinance or within a flood plain as delineated on approved maps issued by the Federal Insurance Administrator (designated by the Secretary of the United States Department of Housing and Urban Development), construct new or substantial improvements of structures unless the lowest floor (including basement) is elevated to or 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. "Substantial improvements" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either: (1) before the improvement is started, or (2) if the structure has been damaged, and is being restored, before the damage occurred. "Substantial improvements" are 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. "Substantial Improvements" do not, however, include any alteration to comply with existing federal, state or local health, sanitary, building or safety codes or regulations.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)
No person shall do or commit or cause to be done or committed, any of the following described acts without first obtaining a grading permit pursuant to Chapter 2 of this Division:
(a) Impair, impede or accelerate the flow of water in a watercourse;
(b) Alter the surface of land, by construction, excavation, embankment or otherwise, so as to reduce the capacity of a watercourse;
(c) Construct, alter or remove any flood control or storm water drainage structure, facility or channel of or in a watercourse;
(d) Construct or place any structure in, upon or across a watercourse; or
(e) Place fill or encroachments that would increase the flood level or impair the ability of a floodway to carry and discharge the waters resulting from the 100-year flood, within a "floodway" as shown on San Diego County Flood Plan Maps adopted by the Board of Supervisors and on file at the Department of Public Works, as shown on a "Flood Insurance Rate Map" adopted by the Federal Emergency Management Agency, or as defined in Section 87.803(20) of this Division. Permits may be issued where the effect of the fill or encroachment on flood heights is fully offset by stream improvements.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)
(1) Any act lawfully done pursuant to Chapter 3 (Excavations, Fills and Obstructions) or 4 (Construction) of Division 1 (Protection of Highways) of Title 7 of this Code.
(2) Work performed by the Federal Government, the State of California, the County of San Diego or their agents or contractors. (Note that the County of San Diego is not a "person" to whom this Division applies; see Section 87.803(27) of this Division.)
(3) 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.
(4) Acts of persons engaged in natural resource extraction operations performed pursuant to a 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.
(5) Repair, reconstruction or improvement to existing structures, provided it:
(aa) is not a substantial improvement (as defined in Section 87.602(d));
(bb) is designed and anchored to prevent flotation, collapse or lateral movement of the structure;
(cc) uses construction materials and utility equipment that are resistant to flood damage; and
(dd) uses construction methods and practices that will minimize potential flood damage.
(6) Construction of parking facilities within the flood plain fringe area below the 100-year flood level, provided:
(aa) The parking facility will service a non-residential building; or
(bb) The structure is open and will not impede the flow of flood waters.
(1) Sec. 87.202(d): Specified agricultural tilling or cultivating.
(2) Sec. 87.202(e): Specified utility construction.
(3) Sec. 87.202(f): Emergency watercourse grading.
(4) Sec. 87.202(g): Specified surface mining operations.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03)
Where grading proposed by grading plans or improvement plans would be within or would affect a watercourse, the following requirements shall apply, in addition to the requirements specified in Chapter 2 of this Division:
(a) The County Official shall not approve the grading plans or improvement plans unless he or she has evaluated and determined that the proposed grading is consistent with the San Diego County general plan; provided that, if the proposed grading is associated with a subdivision or other land development project which has been approved by a County decision making body which determined the project to be consistent with the general plan, the County Official shall instead evaluate whether the proposed grading is consistent with such prior project approval and shall not approve the plans if they are not consistent with the prior approval.
(b) The County Official shall not approve the grading plans or improvement plans unless he or she determines that the proposed grading does not create an unreasonable hazard of flood or inundation to persons or property.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03)
(a) Notwithstanding any other provision of this Division or any other County Ordinance, an emergency watercourse grading permit may be granted solely for the removal of silt, sand and debris from a watercourse, upon a finding that an emergency exists on public or private property. The permit may be granted by the County Official for the removal of up to 10,000 cubic yards of silt, sand and debris, or by the Board of Supervisors for amounts in excess of 10,000 cubic yards. For purposes of this section, "Emergency" means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of or damage to life, health, property, or essential public services. "Emergency" includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage, (see Section 15025, Title 14 of the California Administrative Code) or projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish or replace property or facilities damaged or destroyed as a result of a disaster in a disaster stricken area in which a state of emergency has been proclaimed pursuant to Chapter 7 of Division 1, Title 2 of the Government Code (see Section 15071, Title 14 of the California Administrative Code).
(b) The emergency watercourse grading permit shall be granted for such periods of time as the County Official or Board shall deem to be reasonable and necessary or advisable under the circumstances, and upon such conditions as the County Official or Board deems necessary to insure the health, safety and welfare of the affected persons or the protection of the affected properties, and to assure that the work shown is in accordance with County Plans and Specifications. Such permit shall be granted to the owner of the property or the authorized agent of the owner.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)
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