The Legislature of the State of California has, in Government
Code Sections 65302, 65560 and 65800, conferred upon local government
units authority to adopt regulations designed to promote the public
health, safety and general welfare of its citizenry.
(Ord. 747 § 4, 2022)
(a)
The flood hazard areas of the City of Indian Wells 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. 747 § 4, 2022)
It is the purpose of this Chapter 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:
(a)
To protect human life and health;
(b)
To minimize expenditure of public money for costly flood control
projects;
(c)
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
(d)
To minimize prolonged business interruptions;
(e)
To 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)
To 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)
To ensure that potential buyers are notified that property is in
an area of special flood hazard; and
(h)
To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
(Ord. 747 § 4, 2022)
In order to accomplish its purposes, this Chapter includes methods
and provisions 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
floodwaters;
(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 floodwaters or which may increase flood hazards
in other areas.
(Ord. 747 § 4, 2022)
Unless specifically defined below, words or phrases used in
this Chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this Chapter its most reasonable
application.
means a request for a review of the Floodplain Administrator's
interpretation of any provision of this Chapter, or a request for
a variance.
means a designated AO or AH Zone on the Flood Insurance Rate
Map (FIRM). The base flood depths range from one to three feet (3');
a clearly defined channel does not exist; the path of flooding is
unpredictable and indeterminate; and velocity flow may be evident.
See "Special flood hazard area (SFHA)."
means the flood having a one percent (1%) chance of being
equaled or exceeded in any given year (also called the "one
hundred (100) year flood").
means any area of the building having its floor subgrade
(below ground level) on all sides.
are any type of walls whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other
suitable building material, which are not part of the structural support
of the building and which are designed to break away under abnormally
high tides or wave action without causing any damage to the structural
integrity of the building on which they are used, or any buildings
to which they might be carried by floodwaters. A "breakaway
wall" shall have a safe design loading resistance of not less
than ten (10) and no more than twenty (20) pounds per square foot.
Use of breakaway walls must be certified by a registered engineer
or architect and shall meet the following conditions:
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 (1) the overflow of floodwaters;
(2) the unusual and rapid accumulation or runoff of surface waters
from any source; and/or (3) 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.
means the official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of flood hazard and the floodway.
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 risk premium zones applicable
to the community.
means the official report provided by the Federal Insurance
Administration that includes flood profiles, the FIRM, the 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 "Flood" or "flooding").
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. The term describes such State or local
regulations, in any combination thereof, 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 (1′). 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 or unloading of cargo or passengers, and ship building
and ship repair facilities, but does not include long term storage
or related manufacturing facilities.
means any floor usable for living purposes, which includes
working, sleeping, eating, cooking or recreation, or a combination
thereof. A floor used only for storage purposes is not a "habitable
floor."
means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
means the lowest floor at 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 facilities.
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 (180) consecutive
days.
means a parcel (or contiguous parcels) of land divided into
two (2) 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 (1%) annual probability
of being equaled or exceeded. It is the same as "base flood."
means an individual or his or her 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 this Chapter, 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, AO, AI-30, AE, A99,
or AH.
includes substantial improvement, and 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 (180) 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 any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds fifty percent (50%) of the market
value of the structure either: (1) before the improvement or repair
is started; or (2) if the structure has been damaged, and is being
restored, before the damage occurred.
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: (1) 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 (2) 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. 747 § 4, 2022)
This Chapter shall apply to all areas of special flood hazards
within the jurisdiction of the City.
(Ord. 747 § 4, 2022)
The areas of special flood hazard are identified by the Federal
Emergency Management Agency or the Federal Insurance Administration
in a scientific and engineering report entitled "Flood Insurance
Study for the City of Indian Wells, California," dated March
1, 1979, with an accompanying Flood Insurance Rate Map which are hereby
(as updated January 19, 1982), and all subsequent amendments and/or
revisions are hereby adopted by reference and declared to be a part
of this Chapter. This Flood Insurance Study is on file at 44-950 Eldorado
Drive, Indian Wells, 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. 747 § 4, 2022)
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. 747 § 4, 2022)
This Chapter is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However, where
this Chapter and other ordinance, easement, covenant or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
(Ord. 747 § 4, 2022)
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. 747 § 4, 2022)
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 manmade 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 or employee thereof, or the Federal
Insurance Administration, for any flood damages that result from reliance
on this Chapter or any administrative decision lawfully made thereunder.
(Ord. 747 § 4, 2022)
The ordinance codified in this Chapter and the various parts
thereof are hereby declared to be severable. Should any section of
said ordinance be declared by the courts to be unconstitutional or
invalid, such decision shall not affect the validity of the ordinance
as a whole, or any portion thereof other than the section so declared
to be unconstitutional or invalid.
(Ord. 747 § 4, 2022)
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.
(4)
Require within Zones AH or AO, adequate drainage paths around structures
on slopes to guide floodwaters around and away from proposed structures.
(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
flood elevation. Nonresidential structures may meet the standards
in subsection (c)(3) 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 inspector to be properly elevated. Such certification
or verification shall be provided to the Floodplain Administrator;
(2)
New construction and substantial improvement of any structure in
Zone AH or AO shall have the lowest floor, including basement, elevated
above the highest adjacent grade at least as high as the depth number
specified in feet on the FIRM, or at least two (2) feet if no depth
number is specified. Nonresidential structures may meet the standards
in subsection C 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 inspector to be properly elevated. Such certification
or verification shall be provided to the Floodplain Administrator;
(3)
Nonresidential construction shall either be elevated in conformance
with subsections (c)(1) or (c)(2) above or, together with attendant
utility and sanitary facilities:
(i)
Be floodproofed so that below the base flood level the structure
is watertight, with walls substantially impermeable to the passage
of water,
(ii)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy, and
(iii)
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;
(4)
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:
(i)
Either a minimum of two (2) openings having a total net area of not
less than one (1) 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 (1′) 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
(ii)
Be certified to comply with a local floodproofing standard approved
by the Federal Insurance Administration;
(Ord. 747 § 4, 2022)
(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. 747 § 4, 2022)
(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.
(f)
Base flood elevation data shall be provided for subdivision proposals
and other proposed development which contain at least fifty (50) lots
or five (5) acres (whichever is less).
(Ord. 747 § 4, 2022)
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. 747 § 4, 2022)
Located within areas of special flood hazard established in Section 16.36.060 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 developments, 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. 747 § 4, 2022)
A development permit shall be obtained before construction or development begins within any area of special flood hazards established in Section 16.36.060. Application for a development permit shall be made on forms furnished by the Floodplain Administrator (City Manager) 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, and 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) of all structures; in Zone AO, elevation
of highest adjacent grade and proposed elevation of lowest floor of
all structures;
(b)
Proposed elevation in relation to mean sea level to which any structure
will be floodproofed;
(d)
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
(Ord. 747 § 4, 2022)
The City Manager is appointed to administer and implement this
Chapter by granting or denying development permits in accordance with
its provisions.
(Ord. 747 § 4, 2022)
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)
Review all development permits to determine that all other required
State and Federal permits have been obtained;
(3)
Review and certify that the development site is reasonably safe from
flooding; and
(4)
Require, until a regulatory floodway is designated, that no new construction,
substantial improvements or other development (including fill) shall
be permitted within Zones A1 30 and AE on the community's FIRM,
unless it is demonstrated 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 (1′) at any point within the community;
(b)
Use of Other Flood Base Data. When base flood elevation data has not been provided in accordance with Section 16.36.060, 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 16.36.120, 16.36.130, 16.36.140 and 16.36.150. Any such information shall be submitted to the City Council for adoption;
(c)
Alteration or Relocation of a Watercourse. 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, and
(2)
Require that the flood carrying capacity of the altered or relocated
portion of the watercourse is maintained;
(e)
Interpret Location of Special Flood Hazard Boundaries. 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 16.36.200;
(Ord. 747 § 4, 2022)
(a)
Requests for Variances from Requirements. The City Council shall
hear and decide appeals and requests for variances from the requirements
of this Chapter.
(b)
Alleged Errors. The City Council shall hear and decide appeals when
it is alleged that there is an error in any requirement, decision
or determination made by the Floodplain Administrator in the enforcement
or administration of this Chapter.
(c)
Technical and Other Considerations. In passing upon such applications
the City Council shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this Chapter, and:
(1)
The danger that materials may be swept onto other lands to the injury
of others;
(2)
The danger of life and property due to flooding or erosion damage;
(3)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(4)
The importance of the services provided by the proposed facility
to the community;
(5)
The necessity to the facility of a waterfront location, where applicable;
(6)
The availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
(7)
The compatibility of the proposed use with existing and anticipated
development;
(8)
The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
(9)
The safety of access to the property in time of flood for ordinary
and emergency vehicles;
(10)
The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters expected at the site; and
(11)
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.
(d)
Variances for New Construction and Substantial Improvements. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in subsections (c)(1) through (c)(11) of this Section have been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variance increases.
(e)
Imposition of Conditions. Upon consideration of the factors of subsection (c) of this Section and the purposes of this Chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter.
(f)
Recordkeeping and Reporting Requirements. The Floodplain Administrator
shall maintain the records of all appeal actions and report any variances
to the Federal Insurance Administration upon request.
(g)
Appeal to Superior Court of Riverside County. Those aggrieved by
the decision of the City Council, or any taxpayer, may appeal such
decision to the Superior Court of the County of Riverside, State of
California, as provided in Section 11523 of the Government Code.
(Ord. 747 § 4, 2022)
(a)
Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed in the National Register of Historic
Places or the State Inventory of Historic Places, without regard to
the procedures set forth in the remainder of this Section.
(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 upon a determination that the variance
is the minimum 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 subsections (a) through (d) 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 Board in the office of the Riverside
County Recorder and shall be recorded in a manner so that it appears
in the chain of title of the affected parcel of land.
(Ord. 747 § 4, 2022)
