Unless specifically defined below, words and phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.
(a) "Accessory dwelling unit" means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons.
(b) "Alluvial fan" means a desert phenomenon where streams emerge from canyons and deposit sand and rock in a cone-shaped formation fanning out from the canyon mouth.
(c) "Alluvial apron" means an area formed by alluvial deposits with essentially the same characteristics as alluvial fans but generally in smaller watersheds where the flow lines tend to be straighter. Alluvial aprons are designated on the Borrego Valley alluvial fans map.
(d) "Alluvial wash" means a recent flow path on an alluvial fan which is identified usually by an inspection of maps or aerial photographs or by a ground survey.
(e) "Area of shallow flooding" means a designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
(f) "Apex" means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
(g) "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood").
(h) "Base flood elevation" means the water surface elevation resulting from the base flood.
(i) "Basement" means any area of the building having its floor subgrade below ground level on all sides.
(j) "Conditional Letter of Map Revision (CLOMR)" means a letter from FEMA commenting on whether a proposed project, if built as proposed, or proposed hydrology changes would meet minimum National Flood Insurance Program standards.
(k) "Conditional Letter of Map Revision Based on Fill (CLOMR-F)" means a letter from FEMA stating that a parcel of land or proposed structure that will be elevated by fill would not be inundated by the base flood if fill is placed on the parcel as proposed or the structure is built as proposed.
(l) "Development" means any man-made change to improved or unimproved real estate in an area of special flood hazard, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, storage of equipment or materials, or placement of manufactured homes which may increase flood depths, velocity or the area of inundation or result in a flood hazard as the result of collapse, flotation or other effect of the impact of flood waters on or as a result of the development activities.
(m) "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulation adopted by the County of San Diego.
(n) "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
(o) "Fan Terminus Alluvial Wash" means the flow path where the bottom of an alluvial fan intersects with the edge of another alluvial fan.
(p) "Flood, flooding, or flood water" means a general and temporary condition of partial or complete inundation of normally dry land areas from: the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and mudslides, mudflows or other flows of debris in surface water. It also includes the collapse or subsidence of land or other condition resulting from flood related erosion, scour or deposition.
(q) "Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.
(r) "Flood Insurance Rate Map (FIRM)" means the official map dated June 15, 1984 as subsequently amended on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable in the County of San Diego.
(s) "Flood Insurance Study" means the official report dated December 15, 1983 as subsequently amended provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the FBFM, and the water surface elevations of the base flood in the County of San Diego.
(t) "Floodplain Administrator" means the Director of the County of San Diego, Department of Public Works.
(u) "Floodplain or flood-prone area" means any land area adjacent to a watercourse susceptible to being inundated by water from any source (see definition of "flooding").
(v) "Floodplain map" means a 1-inch equals 200-feet scale ortho-photo topographic map published by the County showing 100-year floodplain lines, floodway lines, and floodway water surface elevations, or floodplain hazard areas. The County "floodplain maps" and the FEMA FIRMs are the primary basis for floodplain regulation within the County.
(w) "Flood proofing" means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
(x) "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height but not to exceed one foot. Also referred to as "Regulatory floodway".
(y) "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
(z) "Historic structure" means any structure that is listed in the National Register of Historic Places, the State Inventory of Historic Places, or otherwise meets the definition of a historic structure as that term is used in the regulations implementing the National Flood Insurance Program.
(aa) "Letter of Map Amendment (LOMA)" means a letter from FEMA stating that an existing structure or parcel of land that has not been elevated by fill (natural ground) would not be inundated by the base flood.
(bb) "Letter of Map Revision (LOMR)" means a letter from FEMA officially revising the current National Flood Insurance Program map to show changes to floodplains, floodways, or flood elevations.
(cc) "Letter of Map Revision Based on Fill (LOMR-F)" means a letter from FEMA stating that an existing structure or parcel of land that has been elevated by fill would not be inundated by the base flood.
(dd) "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). 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 design requirements of this ordinance.
(ee) "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
(ff) "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.
(gg) "Market value" means the value determined by the Floodplain Administrator by estimating the cost to replace a structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed measured at the time a building permit is issued or, if the actual start of construction is more than 180 days after the issuance of a building permit or if no building permit is issued, measured at the time of the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
(1) The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry or, if such a guide is unavailable, a cost estimator or methodology acceptable to the Floodplain Administrator.
(2) The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the Floodplain Administrator, but shall not include economic or other forms of external obsolescence.
Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.
(hh) "New construction" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the County of San Diego.
(ii) "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of a floodplain management regulation adopted by the County of San Diego.
(jj) "Recreational vehicle" means a vehicle which is:
(1) built on a single chassis;
(2) 400 square feet or less when measured at the largest possible horizontal projection;
(3) designed to be self-propelled or permanently towable by a light-duty truck; and
(4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(kk) "Special flood hazard area, "area of special flood hazard" and "SFHA" means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year, and shown on FBFM or FIRM as Zone A, AO, A1-30, AE, A99, or AH; or on a County floodplain map as within a 100-year floodplain or on a County alluvial fan map within an alluvial fan area.
(ll) "Start of construction" means (i) the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; (ii) the placement of a manufactured home on a foundation; or (iii) "substantial improvement" of an existing structure. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does 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 or not part of the main structure.
(mm) "Structure" means any walled and roofed building including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
(nn) "Substantial damage" means:
(1) 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; or
(2) Flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. This is also known as "repetitive loss."
(oo) "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed.
For the purpose 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. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(2) Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.
(pp) "Violation" means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.
(qq) "Watercourse" means, for the purpose of this ordinance, 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 by the County of San Diego in which substantial flood damage may occur.
(Amended by Ord. No. 7800 (N.S.), effective 9-6-90; amended by Ord. No. 9998 (N.S.), effective 9-4-09; amended by Ord. No. 10091 (N.S.), effective 12-10-10; amended by Ord. No. 10631 (N.S.), effective 11-29-19)