This chapter is authorized by virtue of Government Code Sections
65302, 65560 and 65800, which confer upon local governments the authority
to adopt regulations designed to promote the public health, safety
and general welfare.
(Ord. 95-16 § 2)
A.
The
flood hazard areas of the city are subject to periodic inundation
which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health, safety
and general welfare.
B.
These
flood losses are caused by the cumulative effect of obstructions in
areas of special flood hazards which increase flood heights and velocities,
and when inadequately anchored, damage uses in other areas. Uses that
are inadequately floodproofed, elevated or otherwise protected from
flood damage also contribute to the flood loss.
(Ord. 95-16 § 2)
The purpose of this chapter is to promote the public health,
safety and general welfare, and to minimize public and private losses
due to flood conditions in specific areas, by provisions designed
to:
A.
Protect
human life and health;
B.
Minimize
expenditure of public money for costly flood control projects;
C.
Minimize
the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
D.
Minimize
prolonged business interruptions;
E.
Minimize
damage to public facilities and utilities, such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in
areas of special flood hazard;
F.
Help
maintain a stable tax base by providing for the second use and development
of areas of special flood hazard so as to minimize future flood blight
areas;
G.
Insure
that potential buyers are notified that property is in an area of
special flood hazard; and
H.
Insure
that those who occupy the areas of special flood hazard assume responsibility
for their actions.
(Ord. 95-16 § 2)
In order to accomplish its purposes, this chapter includes methods
and provision for:
A.
Restricting
or prohibiting uses which are dangerous to health, safety, and property
due to water or erosion hazards, or which result in damaging increases
in erosion or flood heights or velocities;
B.
Requiring
that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
C.
Controlling
the alteration of natural floodplains, stream channels and natural
protective barriers, which help accommodate or channel flood-waters;
D.
Controlling
filling, grading, dredging, and other development which may increase
flood damage; and
E.
Preventing
or regulating the construction of flood barriers which will unnaturally
divert flood-waters or which may increase flood hazards in other areas.
(Ord. 95-16 § 2)
The purpose of this section is to provide clear and easily understood
definitions for the terms used in this chapter. Unless otherwise clearly
indicated from their context, the terms used in this chapter shall
be defined as follows:
means a request for a review of the floodplain administrator's
interpretation of any provision of this chapter.
See "Special flood hazard area."
means the flood having a one percent chance of being equaled
or exceeded in any given year (also called the "one-hundred-year flood").
means any area of the building having its floor subgrade
(below ground level) on all sides.
means any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations.
means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
The overflow of floodwaters;
The unusual and rapid accumulation or runoff of surface waters
from any source; and/or
The collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining caused
by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated force
of nature, such as flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in flooding
as defined in this definition.
mean 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 risk premium zones applicable
to the community.
means the official report provided by the Federal Insurance
Administration that includes flood profiles, the FIRM, the Flood Boundary
and Floodway Map, and the water surface elevation of the base flood.
means any land area susceptible to being inundated by water
from any source (see definition of "flooding").
means the director of public works. "Floodplain management"
means the operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and floodplain management
regulations.
means zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power, including state or local regulations,
which provide standards for the purpose of flood damage prevention
and reduction.
means any combination of structural and nonstructural 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.
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 one foot. Also referred to as "regulatory floodway."
means a use which cannot perform its intended purpose unless
it is located or carried out in close proximity to water. The term
includes only docking facilities, port facilities that are necessary
for the loading and unloading of cargo or passengers, and shop building
and ship repair facilities, but does not include long-term storage
or related manufacturing facilities.
means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
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 nonelevation design requirements of
this chapter.
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.
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 one hundred eighty consecutive days.
means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for sale or rent.
means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum,
to which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
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 this community.
means a flood which has a one percent annual probability
of being equaled or exceeded. It is identical to the "base flood,"
which will be the term used throughout this chapter.
means an individual or his/her/their agent, firm, partnership,
association, or corporation, or agent of the aforementioned groups,
or this state or its agencies or political subdivisions.
means to bring the structure or other development into compliance
with state or local floodplain management regulations, or, if this
is not possible, to reduce the impacts of its noncompliance. Ways
that impacts may be reduced include protecting the structure or other
affected development from flood damages, implementing the enforcement
provisions of the ordinance or otherwise deterring future similar
violations, or reducing federal financial exposure with regard to
the structure or other development.
means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
means an area having special flood or flood-related erosion
hazards, and shown on an FHBM or FIRM as Zone A, A1-30, AE, or A99.
means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, placement, or
other improvement was within one hundred eighty 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 footings, 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 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.
means a walled and roofed building, including a gas or liquid
storage tank, that is principally above ground, as well as a manufactured
home.
means
For the 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.
The term does not, however, include either:
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
Any alteration of a structure listed on the National Register
of Historic Places or a state inventory of historic places.
means a grant of relief from the requirements of this chapter
which permits construction in a manner that would otherwise be prohibited
by this chapter.
means the failure of a structure or other development to
be fully compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
this chapter is presumed to be in violation until such time as that
documentation is provided.
(Ord. 95-16 § 2)
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the city.
(Ord. 95-16 § 2)
The areas of special flood hazard identified by the Federal
Emergency Management Agency or the Federal Insurance Administration
in the latest effective Flood Insurance Rate Map dated November 20,
1996, and all subsequent revisions is adopted by reference and declared
to be a part of this chapter. This Flood Insurance Study is on file
at City Hall, city of Temecula, Temecula, California. This Flood Insurance
Study is the minimum area of applicability of this chapter and may
be supplemented by studies for other areas which allow implementation
of this chapter and which are recommended to the city council by the
floodplain administrator.
(Ord. 95-16 § 2)
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms
of this chapter and other applicable regulations. Violations of the
provisions of this chapter by failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Nothing
herein shall prevent the city council from taking such lawful action
as is necessary to prevent or remedy any violation.
(Ord. 95-16 § 2)
This chapter is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However, where
this Chapter and another ordinance, easement, covenant or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
(Ord. 95-16 § 2)
In the interpretation and application of this chapter, all provisions
shall be:
A.
Considered
as minimum requirements;
B.
Liberally
construed in favor of the governing body; and
C.
Deemed
neither to limit nor repeal any other powers granted under state statutes.
(Ord. 95-16 § 2)
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This chapter does not imply that land outside the areas of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability
on the part of the city, any officer, employee or agent thereof, or
the Federal Insurance Administration, for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made hereunder.
(Ord. 95-16 § 2)
A development permit shall be obtained before construction or development begins within any area of special flood hazards established in Section 17.20.115. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required:
A.
Proposed
elevation in relation to mean sea level of the lowest floor (including
basement);
B.
Proposed
elevation in relation to mean sea level to which any structure will
be floodproofed;
C.
All appropriate certifications listed in Section 17.20.220(D); and
D.
Description
of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
(Ord. 95-16 § 2)
The director of public works is appointed to administer and
implement this chapter by granting or denying development permits
in accordance with its provisions.
(Ord. 95-16 § 2)
The duties and responsibilities of the floodplain administrator
shall include, but not be limited to:
A.
Permit
Review.
1.
Review
all development permits to determine that the permit requirements
of this chapter have been satisfied;
2.
All
other required state and federal permits have been obtained;
3.
The
site is reasonably safe from flooding;
4.
The
proposed development does not adversely affect the water-carrying
capacity of areas where base flood elevations have been determined
but a floodway has not been designated. For purposes of this chapter,
"adversely affects" means that the cumulative effect of the proposed
development when combined with all other existing and anticipated
development will not increase the water surface elevation of the base
flood more than one foot at any point.
B.
Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 17.20.115, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Sections 17.20.210 and 17.20.220. Any such information shall be submitted to the city council for adoption.
C.
Whenever
a watercourse is to be altered or relocated:
1.
Notify
adjacent communities and the California Department of Water Resources
prior to such alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Insurance Administration;
2.
Require
that the flood-carrying capacity of the altered or relocated portion
of said watercourse is maintained.
D.
Obtain
and maintain for public inspection and make available as needed:
1.
The certification required in Section 17.20.310(C)(1) (flood elevations);
2.
The certification required in Section 17.20.310(C)(2)(c) (elevation or floodproofing of nonresidential structures);
3.
The certification required in Section 17.20.310(C)(3)(a) or 17.20.310(C)(3)(b) (wet floodproofing standard);
4.
The certified elevation required in Section 17.20.330(B) (subdivision standards);
5.
The certification required in Section 17.20.330(A) (floodway encroachments).
E.
Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 17.20.410 et seq.
(Ord. 95-16 § 2)
In all areas of special flood hazards, the following standards
are required:
A.
Anchoring.
1.
All
new construction and substantial improvements shall be anchored to
prevent flotation, collapse or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of
buoyancy.
B.
Construction
Materials and Methods.
1.
All
new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
2.
All
new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
3.
All
new construction and substantial improvements shall be constructed
with electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding.
C.
Elevation
and Floodproofing.
1.
New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in subsection (C)(2) of this section. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, or verified by the community building inspection to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.
2.
Nonresidential construction shall either be elevated in conformance with subsection (C)(1) of this section or together with attendant utility and sanitary facilities:
a.
Be floodproofed so that below the base flood level the structure
is watertight with walls substantially impermeable to the passage
of water;
b.
Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
c.
Be certified by a registered professional engineer or architect that
the standards of this subsection are satisfied. Such certifications
shall be provided to the floodplain administrator.
3.
Require,
for all new construction and substantial improvements, that fully
enclosed areas below the lowest floor that are subject to flooding
shall be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or meet or exceed the
following minimum criteria:
a.
Either a minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding shall be provided. The bottom of all openings shall be
no higher than one foot above grade. Openings may be equipped with
screens, louvers, valves, or other coverings or devices; provided,
that they permit the automatic entry and exit of floodwaters; or
b.
Be certified to comply with a local floodproofing standard approved
by the Federal Insurance Administration.
(Ord. 95-16 § 2)
A.
All
new and replacement water supply and sanitary sewage systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system and discharge from systems into floodwaters.
B.
On-site
waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
(Ord. 95-16 § 2)
A.
All
preliminary subdivision proposals shall identify the flood hazard
area and the elevation of the base flood.
B.
All
final subdivision plans will provide the elevation of proposed structure(s)
and pads. If the site is filled above the base flood, the final pad
elevation shall be certified by a registered professional engineer
or surveyor and provided to the floodplain administrator.
C.
All
subdivision proposals shall be consistent with the need to minimize
flood damage.
D.
All
subdivision proposals shall have public utilities and facilities such
as sewer, gas, electrical and water systems located and constructed
to minimize flood damage.
E.
All
subdivisions shall provide adequate drainage to reduce exposure to
flood hazards.
(Ord. 95-16 § 2)
All new and replacement manufactured homes and additions to
manufactured homes shall:
A.
Be
elevated so that the lowest floor is at or above the base flood elevation;
and
B.
Be
securely anchored to a permanent foundation system to resist flotation,
collapse or lateral movement.
(Ord. 95-16 § 2)
Located within areas of special flood hazard established in Section 17.20.115 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
A.
Prohibit
encroachments, including fill, new construction, substantial improvements,
and other development unless certification by a registered professional
engineer or architect is provided demonstrating that encroachments
shall not result in any increase in flood levels during the occurrence
of the base flood discharge.
(Ord. 95-16 § 2)
A.
The
floodplain administrator shall review permits for proposed construction
or other development to determine if it is proposed within a mud slide
area.
B.
Permits
shall be reviewed to determine that the proposed development is reasonably
safe from mud slide hazards. Factors to be considered in making this
determination shall include but are not limited to:
C.
Within
areas which have mud slide hazards, the following requirements shall
apply:
1.
A
site investigation and further review shall be made by persons qualified
in geology and soils engineering;
2.
The
proposed grading, excavation, new construction and substantial improvements
shall not aggravate the existing hazards by creating either on-site
or off-site disturbances; and
3.
Drainage,
planting, watering and maintenance shall not endanger slope stability.
D.
Within
Zone M on the Flood Insurance Rate Map, excavation, grading, and drainage
shall be constructed in compliance with the Uniform Building Code.
The following information shall be provided:
1.
The
location of foundations and utility systems of new construction and
substantial improvements;
2.
The
location, drainage and maintenance of all excavations, cuts and fills,
and planted slopes;
3.
Protective
measures including but not limited to retaining walls, fills, subdrains,
diverter terraces, benchings, etc.; and
4.
Engineering
drawings and specifications to be submitted for all corrective measures,
accompanied by supporting soils engineering and geology reports.
(Ord. 95-16 § 2)
A.
The
floodplain administrator shall require permits for proposed construction
and other development within all flood-related erosion-prone areas
identified within the city.
B.
The
permits shall be reviewed to determine whether the proposed site alterations
and improvements will be reasonably safe from flood-related erosion
and will not cause flood-related erosion hazards or otherwise aggravate
the existing hazard.
C.
If
a proposed improvement is found to be in the path of flood-related
erosion or would increase the erosion hazard, the improvement shall
be relocated or adequate protective measures shall be taken to avoid
aggravating the existing erosion hazard.
(Ord. 95-16 § 2)
Decisions of the floodplain administrator may be appealed to the city council pursuant to Section 17.20.115 and this chapter when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this chapter. In considering the merits of an appeal, the city council shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:
A.
The
danger that materials may be swept onto other lands to the injury
of others;
B.
The
danger of life and property due to flooding or erosion damage;
C.
The
susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
D.
The
importance of the services provided by the proposed facility to the
community;
E.
The
necessity to the facility of a waterfront location, where applicable;
F.
The
availability of alterative locations for the proposed use which are
not subject to flooding or erosion damage;
G.
The
compatibility of the proposed use with existing and anticipated development;
H.
The
relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
I.
The
safety of access to the property in time of flood for ordinary and
emergency vehicles;
J.
The
expected heights, velocity, duration, rate of rise, and sediment transport
of the floodwaters expected at the site; and
K.
The
costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities
such as sewer, gas, electrical and water system, and streets and bridges.
(Ord. 95-16 § 2)
Variances may be issued for new construction and substantial improvements to be erected on lots of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the items listed as subsections A through K of Section 17.20.410 have been fully considered. The technical justification required shall be greater for variances for lots larger than one-half acre.
(Ord. 95-16 § 2)
B.
Variances
shall not be issued within any designated floodway if any increase
in flood levels during the base flood discharge would result.
C.
Variances
shall only be issued to the minimum extent necessary, considering
the flood hazard, to afford relief.
D.
Variances
shall only be issued upon:
1.
A
showing of good and sufficient cause;
2.
A
determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
3.
A
determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public, or conflict with existing local laws or ordinances.
E.
Variances
may be issued for new construction and substantial improvements and
for other development necessary for the conduct of a functionally
dependent use provided that the provisions of this section are satisfied
and that the structure or other development is protected by methods
that minimize flood damages during the base flood and create no additional
threats to public safety.
F.
Any
applicant to whom a variance is granted shall be given written notice
that the structure will be permitted to be built with a lowest floor
elevation below the regulatory flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation. A copy of the notice shall
be recorded by the floodplain administrator in the office of the county
recorder of the county of Riverside and shall be recorded in a manner
so that it appears in the chain of title of the affected parcel of
land.
(Ord. 95-16 § 2)
The floodplain administrator shall maintain records of all variances
granted and shall report any variances to the Floodplain Insurance
Administration upon request.
(Ord. 95-16 § 2)
