Chapter 24.320 — FLOOD PLAIN (FP) OVERLAY ZONE

Sections:

• 24.320.010 Chapter Description.

• 24.320.020 Intent.

• 24.320.030 Applicability.

• 24.320.040 Procedures.

• 24.320.050 Warning and Disclaimer.

• 24.320.060 Permitted Uses in Sub-Areas a and B.

• 24.320.070 Restrictions on Development in Sub-Areas a and B.

• 24.320.080 Permitted Uses in All Other Areas.

• 24.320.090 Compliance With City Council Resolution No. 86-128.

• 24.320.100 Temporary Uses.

• 24.320.110 Prohibited Uses.

• 24.320.120 Nonconforming Uses.

• 24.320.130 Compliance With Underlying Zoning Provisions.

Chapter 24.320 establishes the Flood Plain (“FP”) Overlay Zone to protect human life and health – minimize expenditure of public money for costly flood control projects – minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public – minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in areas of special flood hazard – and assist in notifying potential buyers that property is in an area of special flood hazard. (Code 1971, § 15.420.010)

This chapter is further intended to implement the National Flood Insurance Program set forth in federal law (Title 44, Code of Federal Regulations, Sections 59 et seq.) and should be interpreted with reference thereto. The FP Overlay Zone is intended to provide for different land use regulations for areas adjoining barrancas and storm channels versus areas adjoining rivers or the Pacific Ocean. To this end, sub-areas are identified on the Official Flood Plain Overlay Zone Map.

Generally, it is the intent to allow suitable development to occur pursuant to this chapter for areas adjoining barrancas and storm channels, provided it is demonstrated as a part of the Flood Plain Overlay Zone development permit hearing process that the area is not subject to a base flood as defined in chapter 24.110. For areas

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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designated as being in the FP Overlay Zone and adjoining rivers or the ocean, the intent is to restrict land uses to those of an open or temporary character, to minimize the improvements necessary to protect properties from flooding and to prohibit uses with permanent structures or substantial improvements above the level of the natural grade of the land.

Further, it is the intent that no pre-existing use already permitted pursuant to this zoning ordinance shall require approval of a Flood Plain Overlay Zone development permit, except as may be required by section 24.320.120, provided that any and all required zoning approvals remain valid. (Code 1971, § 15.420.020)

The provisions of this chapter shall apply within any area designated as within the Flood Plain (FP) Overlay Zone on the Official Flood Plain Overlay Zone Map. This area may be designated “FP” on the official zoning district map. The provisions of this chapter shall apply in addition to all applicable provisions and standards of the underlying zone. The provisions of this chapter shall apply and be deemed enacted and effective as of September 22, 1986. (Code 1971, § 15.420.030)

Before any construction activity or any other development, other than the initiation of temporary uses pursuant to section 24.320.100, may be carried out within any areas identified on the Official Flood Plain Overlay Zone Map as being within the FP Overlay Zone, a Flood Plain Overlay Zone development permit shall be approved therefor pursuant to chapter 24.530. (Code 1971, § 15.420.040)

The degree of flood protection required by this chapter is based upon engineering and other scientific considerations. Larger floods can and will occur. Flood heights may be increased by manmade or natural causes. This chapter does not imply that the land outside the area of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. (Code 1971, § 15.420.050)

A. Uses permitted shall be those permitted in the underlying zone, subject to the provisions of section 24.320.120 and subject to the approval of a Flood Plain Overlay Zone development permit pursuant to chapter 24.530.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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B. In FP Overlay Zone Sub-Area B, existing uses permitted in the underlying zone may remain, subject to the provisions of section 24.320.120. (Code 1971, § 15.420.060)

A. In FP Overlay Zone Sub-Area A, development shall be limited to existing lots of record, unless the applicant can demonstrate to the Federal Emergency Management Agency of the Federal Flood Insurance Administration that the property will not be affected by the base flood.

B. In FP Overlay Zone Sub-Area B, until adequate flood control improvements have been completed to protect property from flooding, new development will be allowed only on existing lots of record. (Code 1971, § 15.420.070)

The following uses may be permitted in areas of the FP Overlay Zone other than Sub-areas A and B, subject to the approval of a Flood Plain Overlay Zone development permit:

1. Agricultural. Animal Husbandry

Crop Production

Horticulture: Cultivation

2. General. Farmers’ Market, Certified

Recreation: Outdoor Sports and Recreation

Recreation: Public Parks and Playgrounds

3. Other Uses. Other specific uses may be permitted as follows:

   • a. Flood control channel.

   • b. Fire training center.

   • c. Surface water spreading ground.

   • d. Stream bed retarding basin.

   • e. Wharves, docking facilities, break-waters, and levees in the harbor.

   • f. Other public utilities or facilities which cannot be located elsewhere, and which are necessary to service permitted uses or pre-existing, nonconforming uses.

   • g. Vehicle parking lots that do not permit overnight parking. (Code 1971, § 15.420.080)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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All construction activity and any and all other development, other than the initiation of temporary uses pursuant to section 24.320.100, within the FP Overlay Zone shall comply with the application requirements, application review procedure, development standards, and all other provisions of city council Resolution No. 86-128, as it may from time to time be amended, or its successor regulation. Such compliance with the provisions of city council Resolution No. 86-128 shall be in addition to compliance otherwise required with any and all other applicable provisions of this chapter and chapter 24.530. (Code 1971, § 15.420.090)

The following temporary uses may be permitted between May 1 and October 1 of any calendar year, subject to the issuance of a director’s permit pursuant to chapter 24.505, and compliance with any terms and conditions imposed thereon:

1. Carnivals;

2. Fairs;

3. Circuses;

4. Rodeos;

5. Gymkhanas; and

6. Horse shows.

Application for the required director’s permit shall be made at least two weeks in advance of the event. Graphic representation of the location of the proposed activity and the appropriate fee shall accompany the director’s permit request. If approved, the director’s permit shall be for a specified limited time period. The director’s permit may be revoked for noncompliance with the terms and conditions attached thereto, or for noncompliance with any other provision of law, pursuant to chapters 24.505 and 24.570. In addition, consistent with due process in the circumstances, the director’s permit may be revoked without notice or hearing for exigent public health or safety reasons. (Code 1971, § 15.420.100)

All other uses not expressly permitted in the FP Overlay Zone Sub-Areas A and B pursuant to section 24.320.060, or not expressly permitted by section 24.320.080 or section 24.320.100, shall be prohibited within the FP Overlay Zone, including, but not limited to, the following:

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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1. All temporary and permanent structures, except those expressly authorized in conjunction with a use allowed pursuant to sections 24.320.060, 24.320.080, 24.320.100, or 24.320.120;

2. Uses within the Agricultural: Indoor Production use type;

3. Mobile homes;

4. All private sewage disposal systems or any parts thereof;

5. Landfills, sumps, or excavations of a similar nature;

6. Dumping, stockpiling, or storage of floatable substances or materials;

7. Commercial cattle feed yards;

8. Dairies;

9. Junk or salvage yards;

10. Billboards and other advertising structures;

11. Oil wells, storage tanks, or processing equipment;

12. Sources of domestic water supply, unless protected by flood control devices approved by the city engineer and the county environmental health department; and

13. Residential uses of any kind. (Code 1971, § 15.420.110)

A. Sub-Areas a and B. In Sub-Areas A and B, pre-existing uses permitted in the underlying zone are hereby nonconforming uses unless and until an FP Overlay Zone development permit is approved therefor pursuant to chapter 24.530. Such uses may convert to other uses permitted in that zone, may expand to the limits of the lease area or property boundary to the extent permitted in that zone, may redevelop and may reconstruct in the event of fire, flood, or other catastrophic event, subject to the approval of a Flood Plain Overlay Zone development permit pursuant to chapter 24.530.

B. Other Areas. All pre-existing uses in areas of the FP Overlay Zone other than Sub-areas A and B that are not permitted pursuant to sections 24.320.080 or 24.320.100 are nonconforming uses subject to the provisions of chapter 24.465, provided that, pre-existing uses located in the M-1, M-2, and M-P-D zones may reconstruct in the event of fire, flood, or other catastrophic event, provided that the replacement development is built in the same manner, to the same or lower intensity, and for the same use as was the former development. (Code 1971, § 15.420.120)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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A. Underlying Zones. All development carried out in conjunction with uses permitted pursuant to sections 24.320.060, 24.320.080, 24.320.100 or 24.320.120 shall be required to meet all applicable standards of the underlying zone, except as otherwise provided in this zoning ordinance, in addition to all standards applicable to any Flood Plain Overlay Zone development permit pursuant to this chapter and chapter 24.530.

B. Coastal Zones. Any development within the FP Overlay Zone that is also within the CP Overlay Zone shall also be subject to the provisions of chapter 24.310 and require approval of a coastal development permit pursuant to chapter 24.515. (Code 1971, § 15.420.130)