A.
Flood
hazard areas of the City of Imperial Beach 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 ex-penditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the
public health, safety and general welfare.
B.
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 flood proofed, elevated or otherwise protected from
flood damage also contribute to the flood loss.
C.
The
Legislature of the State of California has in Government Code Sections
65302, 65560, and 65800 conferred upon local governments the authority
to adopt regulations designed to promote the public health, safety,
and general welfare of its citizenry. Therefore, the City of Imperial
Beach does hereby adopt these floodplain management regulations.
(Ord. 753 § 7 Ex. B, 1988; Ord. 2010-1097 § 1; Ord. 2015-1150 § 1)
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 hazards; and
H.
To
ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
(Ord. 753 § 7 Ex. B, 1988; Ord. 2010-1097 § 1)
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. 753 § 7 Ex. B, 1988; Ord. 2010-1097 § 1)
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.
is the land in the floodplain within a community subject
to a one percent or greater chance of flooding in any given year.
The area may be designated as Zone A on the effective Flood Insurance
Rate Map (FIRM). After detailed rate making has been completed in
preparation for the publication of the flood insurance rate map, Zone
A usually is refined into Zones A, AO, AH, A1—30, AE, A99, AR,
AR/A1—30, AR/AE, AR/AO, AR/AH, and AR/A. The area may also be
designated as Zone V on the FIRM and after detailed rate making has
been completed in preparation for the publication of the flood insurance
rate map, Zone V usually is referred to as a coastal high hazard flood
zone and refined into Zones V, V1—30, and VE. For purposes of
these regulations, the term "special flood hazard area (SFHA)"
is synonymous in meaning with the phrase "area of special flood
hazard."
means the flood having a one percent chance of being equaled
or exceeded in any given year (also called the "100-year flood").
means the elevation shown on the Flood Insurance Rate Map
for Zones AE, AH, A1—30, VE and V1—V30 that indicates
the water surface elevation resulting from a flood that has a one
percent or greater chance of being equaled or exceeded in any given
year.
means any area of the building having its floor subgrade
(below ground level) on all sides.
means any type of wall, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other
suitable building material, which is not part of the structural support
of the building and which is designed to break away under abnormally
high tides or wave action without causing any damage to the structural
integrity of the building on which it is used to any buildings to
which they might be carried by floodwaters. A breakaway wall shall
have a safe design loading resistance of not less than 10 and no more
than 20 pounds per square foot. Use of breakaway walls must be certified
by a registered engineer or architect and shall meet the following
conditions:
is the area subject to high velocity waters, including coastal
and tidal inundation or tsunamis. The area is designated on a Flood
Insurance Rate Map (FIRM) as Zone V1—V30, VE or V.
means any manmade change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, dredging,
filling, grading, paving, excavation, drilling operations, or storage
of equipment or materials.
means, for insurance purposes, a non-basement building which
has its lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings, or columns.
means a community for which the Federal Insurance Administrator
has authorized the sale of flood insurance under the National Flood
Insurance Program.
means the National Flood Insurance Program as implemented
on an emergency basis in accordance with Section 1336 of the Act.
It is intended as a program to provide a first layer amount of insurance
on all insurable structures before the effective date of the initial
FIRM.
means the process of the gradual wearing away of land masses.
This peril is not per se covered under the National Flood Insurance
Program.
means, for the purposes of determining rates, structures
for which the "start of construction" commenced before
June 1, 1978. "Existing construction" may also be referred
to as "existing structures."
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 June 1, 1978.
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).
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; (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 same similarly unusual and unforeseeable event which results in flooding as defined in this definition; and/or (4) mudslides (i.e., mudflows) which are proximately caused by flooding as defined above in subsection (2) of this definition and are akin to a river of liquid and flowing mud on the surfaces or normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
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 a determination by the Federal Insurance Administrator
of the water surface elevations of the base flood, that is, the flood
level that has a one percent or greater chance of occurrence in any
given year.
means an examination, evaluation, and determination of flood
hazards and, if appropriate, corresponding water surface elevations,
or an examination, evaluation and determination of mudslide and/or
floodrelated erosion hazards.
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 of 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").
is the community official designated by title to administer
and enforce the floodplain management regulations.
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.
mean Federal Emergency Management Agency (FEMA) regulations,
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 law enforcement 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, structure and their contents.
means that collapse or subsidence of land along the shore
of a lake or other body of water as a result of undermining caused
by waves or currents of water exceeding anticipated cyclical levels
of 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 a flash flood or an abnormal tidal surge, or by
some similarly unusual and unforeseeable event which results in flooding.
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 ship 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 any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program as determined by the
Secretary of the Interior or directly by the Secretary of the Interior
in states without approved programs.
means a non-federal technical or scientific organization
involved in the study of land use planning, floodplain management,
hydrology, geology, geography, or any other related field of study
concerned with flooding.
means the lowest floor of the lowest enclosed area (including
basement). An unfinished or floodresistant 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. For residential structures, all subgrade enclosed areas
are prohibited as they are considered to be basements (see "Basement"
definition). This prohibition includes below-grade garages and storage
areas.
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"
does not include park trailers, travel trailers and other similar
vehicles placed on a site for greater than 180 consecutive days. The
term manufactured home does not include recreational vehicles.
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
June 1, 1978.
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 June 1,
1978.
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 or her agent, firm, partnership,
association or corporation, or agent of the aforementioned groups,
or this state or its agencies or political subdivisions.
means a continuous or nearly continuous mound or ridge of
sand with relatively steep seaward and landward slopes immediately
landward and adjacent to the beach and subject to erosion and over-topping
from high tides and waves during major coastal storms. The inland
limit of the primary frontal dune occurs at the point where there
is a distinct change from a relatively mild slope.
means a vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
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.
mean naturally occurring accumulations of sand in ridges
or mounds landward of the beach.
means an area in the floodplain subject to a one percent
or greater chance of flooding in any given year. It is shown on an
FHBM or FIRM as Zone A, AO, A1—A30, AE, A99, AH, V1—V30,
VE or V.
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
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 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% of the market value of the structure before
the damage occurred.
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:
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1.
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Before the improvement or repair is started; or
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2.
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If the structure has been damaged, and is being restored, before
any damage occurred.
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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:
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1.
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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
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2.
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Any alteration of a structure listed on the National Registration
of Historic Places or a State Inventory of Historic Places.
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See "Coastal high hazard area."
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.
means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, North American Vertical Datum (NAVO) of 1988,
or other datum, of floods of various magnitudes and frequencies in
the floodplains of coastal or riverine areas.
(Ord. 97-913 § 1; Ord. 753 § 7 Ex. B, 1988; Ord. 2005-1033 § 1; Ord. 2010-1097 § 1; Ord. 2015-1150 §§ 2, 3; Ord. 2019-1189 § 2)
This chapter applies to all "areas of special flood hazards"
within the City of Imperial Beach.
(Ord. 753 § 7 Ex. B, 1988; Ord. 2010-1097 § 1)
The "areas of special flood hazard" identified by
the Federal Emergency Management Agency (Title 44 Code of Federal
Regulations, Section 59.22(a)(2)), or the Federal Insurance Administration
in a scientific and engineering report entitled "Flood Insurance
Study for City of Imperial Beach" dated December 1977, and accompanying
Flood Insurance Rate Maps dated December 1977 and all subsequent amendments
and revisions, are hereby adopted by reference and declared to be
a part of this chapter. This Flood Insurance Study and the Flood Insurance
Rate Maps (FIRMs), and subsequent revisions, are on file in the community
development department at the City of Imperial Beach.
(Ord. 97-913 § 1; Ord. 753 § 7 Ex. B, 1988; Ord. 2005-1033 § 1; Ord. 2010-1097 § 1; Ord. 2015-1150 § 4; Ord. 2019-1189 §
3)
A.
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) constitutes a misdemeanor. Nothing herein
shall prevent the City of Imperial Beach from taking such lawful action
as is necessary to prevent or remedy any violation.
B.
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. 753 § 7 Ex. B, 1988; Ord. 2010-1097 § 1)
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. 753 § 7 Ex. B, 1988; Ord. 2010-1097 § 1)
The degree of flood protection 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 section 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 of Imperial Beach, 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. 753 § 7 Ex. B, 1988; Ord. 2010-1097 § 1)
A development permit shall be obtained before construction or other development, including manufactured homes, within any area of special flood hazard established in Section 15.50.060. Application for a development permit shall be made on forms furnished by the City of Imperial Beach. The applicant shall provide the following minimum information:
A.
Plans
in duplicate, drawn to scale, showing:
1.
Location,
dimensions, and elevation of the area in question, existing or proposed
structures, storage of materials and equipment and their location;
2.
Proposed
locations of water supply, sanitary sewer, and other utilities;
3.
Grading
information showing existing and proposed contours, any proposed fill,
and drainage facilities;
4.
Location
of the regulatory floodway when applicable;
5.
Base flood elevation information as specified in Section 15.50.060 or 15.50.120(A);
6.
Proposed
elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures; and
7.
Proposed
elevation in relation to mean sea level to which any nonresidential
structure will be floodproofed, as required in Section 15.50.160(A)(3)(b)
of this chapter and detailed in FEMA Technical Bulletin TB 3-93.
B.
Certification
from a registered civil engineer or architect that the nonresidential
floodproofed building meets the floodproofing criteria in Section
15.50.160(A)(3)(b).
C.
For
a crawl-space foundation, location and total net area of foundation
openings as required in Section 15.50.160(A)(3)(c) of this chapter
and detailed in FEMA Technical Bulletins 1-93 and 7-93.
D.
Description
of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
E.
All appropriate certifications listed in Section 15.50.110(B) of this chapter.
(Ord. 753 § 7 Ex. B, 1988; Ord. 2010-1097 § 1)
The Community Development Director is appointed to administer,
implement and enforce this chapter by granting or denying development
permits in accordance with its provisions. The duties and responsibilities
of the Community Development Director shall include, but not be limited
to:
A.
Review
all flood hazard reports to determine that:
1.
The
permit requirements of this chapter have been satisfied, including
determination of substantial improvement and substantial damage of
existing structures ;
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 carrying capacity
of areas where base flood elevations have been determined but a floodway
has not been designated. For the purpose 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 within the City of Imperial Beach.
5.
All
letters of map revision (LOMRs) for flood control projects are approved
prior to the issuance of building permits. Building permits must not
be issued based on conditional letters of map revision (CLOMRs). Approved
CLOMRs allow construction of the proposed flood control project and
land preparation as specified in the "start of construction"
definition.
B.
Obtain
and maintain for public inspection and make available as needed:
1.
Obtain
and record the actual elevation in relation to mean sea level of the
lowest floor (including basement) of all new or substantially improved
structures;
2.
Maintain
elevation or floodproofing of nonresidential structures and certifications
required in Section 15.50.160(A)(3)(a);
3.
Maintain
wet floodproofing standard; certifications required in Section 15.50.160(A)(3)(c)(i);
4.
Maintain floodway encroachments; certifications as required in Section 15.50.160(E);
5.
Maintain
coastal construction standards; certifications as required by Section
15.50.160(F)(6);
6.
Maintain
for public inspection all records pertaining to the provisions of
this section.
C.
Notify,
in riverine situations, adjacent communities , the Federal Emergency
Management Agency, the California Department of Water Resources, and
the State Coordinating Office prior to any alteration or relocation
of a watercourse, and submit copies of such notifications to the administrator.
D.
Assure
that the flood carrying capacity within the altered or relocated portion
of any watercourse is maintained.
E.
Base
flood elevation changes due to physical alterations:
1.
Within
six months of information becoming available or project completion,
whichever comes first, the Floodplain Administrator shall submit or
assure that the permit applicant submits technical or scientific data
to FEMA for a letter of map revision (LOMR).
2.
All
LOMRs for flood control projects are approved prior to the issuance
of building permits. Building permits must not be issued based on
conditional letters of map revision (CLOMRs). Approved CLOMRs allow
construction of the proposed flood control project and land preparation
as specified in the "start of construction" definition.
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Such submissions are necessary so that upon confirmation of
those physical changes affecting flooding conditions, risk premium
rates and floodplain management requirements are based on current
data.
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F.
Changes
in corporate boundaries. Notify FEMA in writing whenever the corporate
boundaries have been modified by annexation or other means and include
a copy of a map of the community clearly delineating the new corporate
limits.
(Ord. 97-913 § 1; Ord. 753 § 7 Ex. B, 1988; Ord. 2005-1033 § 1; Ord. 2010-1097 § 1; Ord. 2019-1189 § 4)
The Director of Community Development shall establish the exact
location of the boundaries of the areas of special flood hazards.
Any person contesting the location of the boundary shall be given
a reasonable opportunity to appeal the interpretation to the City
Council.
A.
Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.50.060, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Section 15.50.160.
B.
A base
flood elevation may be obtained using one of two methods from the
FEMA publication, FEMA 265, "Managing Floodplain Development
in Approximate Zone A Areas – A Guide for Obtaining and Developing
Base (100-Year) Flood Elevations" dated July 1995.
(Ord. 753 § 7 Ex. B, 1988; Ord. 2010-1097 § 1)
All requests for variances from the requirements of this chapter shall conform with the variance procedure described in Chapter 19.84 of the City Zoning Ordinance. In acting upon such applications, the Planning Commission shall consider all technical evaluations, all relevant factors, 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 alternative 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. 753 § 7 Ex. B, 1988; Ord. 2010-1097 § 1)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of onehalf acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the considerations referred to in Section 15.50.130 have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. The Planning Commission, as an appeal board, may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. The Director of community Development shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
(Ord. 753 § 7 Ex. B, 1988; Ord. 2010-1097 § 1)
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.
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 flood
elevation below the base flood elevation and that the cost of flood
insurance will result in increased premium rates for flood insurance
up to amounts as high as $25.00 for every $100.00 of coverage. A copy
of the notice shall be recorded by the Community Development Director
in the office of the San Diego County Recorder and shall be recorded
in a manner that it appears in the chain of title of the affected
parcel of land.
(Ord. 97-913 § 1; Ord. 753 § 7 Ex. B, 1988; Ord. 2005-1033 § 1; Ord. 2010-1097 § 1)
In all areas of special flood hazards the following standards
are required:
A.
Standards
of Construction.
1.
Anchoring.
a.
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.
2.
Construction
Materials and Methods.
a.
All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage for
areas below one foot (freeboard) above the base flood elevation.
b.
All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
c.
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.
3.
Elevation
and Floodproofing.
a.
New construction and substantial improvement of any structure shall
have the lowest floor, including basement, elevated to a minimum of
one foot (freeboard) above the base flood elevation. Nonresidential
structures may meet the standards in subsection (A)(3)(b) 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 City Building
Inspector to be properly elevated. Such certification or verification
shall be provided to the Floodplain Administrator.
b.
Nonresidential construction shall either be elevated in conformance
with subsection (A)(3)(a) of this section or, together with attendant
utility and sanitary facilities:
i.
Be floodproofed so that below one foot (freeboard) above 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 developed and/or reviewed for structural design, specifications,
and plans for the construction and then certified by a registered
professional engineer or architect that the standards of this subsection
are satisfied. Such certifications, which includes the specific elevation
(in relation to mean sea level) to which such structures are flood
proofed, shall be provided to the Floodplain Administrator.
c.
Require, for all new construction and substantial improvements, that
fully enclosed areas below the lowest floor that are usable solely
for parking of vehicles, building access or storage in an area other
than a basement and which 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 openings have 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
ii.
Be certified to comply with a local floodproofing standards approved
by the Federal Insurance Administration.
e.
f.
Require that manufactured homes to be placed or to be substantially
improved on sites in an existing manufactured home park or subdivision
that are not subject to the provision of subsection (A)(3)(e), within
this section, be elevated so that either:
i.
The lowest floor of the manufactured home is at or above one foot
(freeboard) above the base flood elevation; or
ii.
The manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are
no less than 36 inches in height above grade and be securely anchored
to an adequately anchored foundation system to resist floatation,
collapse and lateral movement.
g.
Within areas of special flood hazards having shallow water depths
and/or unpredictable flow paths between one and three feet:
i.
All new construction and substantial improvements of residential
structures 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 City's FIRM (at least two feet if no depth number
is specified);
ii.
All new construction and substantial improvements of nonresidential
structures meet standards above for residential structures or together
with attendant utility and sanitary facilities be completely floodproofed
to that level to meet the floodproofing standard specified in subsection
(A)(3)(a).
h.
Require that recreational vehicles placed on sites within areas of
having shallow water depths and/or unpredictable flow paths between
one and three feet, and with water surface elevations determined be:
i.
On the site for fewer than 180 consecutive days;
ii.
Fully licensed and ready for highway use; or
iii.
Meet the permit requirements of all proposed construction and
other developments and the elevation and anchoring requirements for
"manufactured homes" in subsection (A)(3)(e) of this section.
A recreational vehicle is ready for highway use if it is on
its wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices and has no permanently
attached additions.
i.
Obtain, review and reasonably utilize any base flood elevation and
floodway data available from a federal, state or other source, as
criteria for requiring that new construction, substantial developments
and other developments meet the standards within this subsection (A)(3).
j.
Any development, in an area of having shallow water depths and/or
unpredictable flow paths between one and three feet and/or with water
surface elevations determined, which increase the water surface elevation
of the base flood by more than one foot may be approved, provided
the community first applies for a conditional FIRM revision, fulfills
the requirements of such a revision as established under the provisions
of Section 65.12 of the National Flood Insurance Regulations and receives
the approval of the Administrator.
B.
Standards
for Utilities.
1.
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.
2.
On-site
waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
3.
Adequate
drainage paths are required around structures on slopes, to guide
floodwaters around and away from proposed structures within areas
of special flood hazards having shallow water depths and/or unpredictable
flow paths between one and three feet, and/or with water surface elevations
determined.
C.
Standards
for Subdivisions.
1.
All
preliminary subdivision proposals and other proposed development,
including proposals for manufactured home parks and subdivisions,
greater than 50 lots or five acres, whichever is the lesser, shall
identify the flood hazard area and the elevation of the base flood.
2.
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.
3.
All
subdivision proposals shall be consistent with the need to minimize
flood damage.
4.
All
subdivision proposals shall have public utilities and facilities such
as sewer, gas, electrical and water systems located and constructed
to minimize flood damage.
5.
All
subdivisions shall provide adequate drainage to reduce exposure to
flood hazards.
D.
Standards
for Manufactured Homes. All new, replacement, or substantially improved
manufactured homes and additions to manufactured homes that are located:
(1) outside of a manufactured home park or subdivision; (2) in a new
manufactured home park or subdivision; (3) in an expansion to an existing
manufactured home park or subdivision; or (4) in an existing manufactured
home park or subdivision upon which a manufactured home has incurred
"substantial damage" as the result of a flood, shall:
E.
All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1—30, AH, AE, V1—30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions of subsection D will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. and be elevated so that either the:
F.
Floodways. Located within areas of special flood hazard established in Section 15.50.060 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:
1.
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.
a.
Encroachments that would result in an increase in base flood elevations,
may be permitted, provided that the community first applies for a
conditional FIRM and floodway revision, fulfills the requirements
for such revisions established under the provisions of Section 65.12
of National Flood Insurance Regulations, and receives the approval
of the Administrator.
2.
If
subsection (F)(l) is satisfied, all new construction and substantial
improvements shall comply with all other applicable flood hazard reduction
provisions of this section.
3.
Require
until a regulatory floodway is designated, that no new construction,
substantial improvements, or other development (including fill) shall
be permitted within areas of special flood hazard with water surface
elevation determined 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 at any point within the community.
4.
The
City will select and adopt a regulatory floodway based on the principal
that the area chosen for the regulatory floodway must be designed
to carry the waters of the base flood, without increasing the water
surface elevation of that flood more than one foot at any point.
G.
Coastal High Hazard Areas. Within coastal high hazard areas established in Section 15.50.060 the following standards shall apply:
1.
All
new residential construction and nonresidential construction, including
substantial improvements shall be elevated on pilings or columns so
that:
a.
The bottom of the lowest horizontal structural member of the lowest
floor (excluding the pilings or columns) is elevated to or above the
base flood level; and
b.
The pile or column foundation and structure attached thereto is anchored
to resist flotation, collapse and lateral movement due to the effects
of wind and water loads acting simultaneously on all building components.
Water loading values used shall be those associated with the base
flood. Wind loading values used shall be those required by applicable
state or local building standards. A registered professional engineer
or architect shall develop or review the structural design, specifications
and plans for the construction.
2.
All
new construction shall be located on the landward side of the reach
of mean high tide.
3.
All
new construction and substantial improvements shall have the space
below the lowest floor free of obstructions or constructed with nonsupporting,
break-away walls. Use of breakaway walls which exceed a design safe
loading resistance of 20 pounds per square foot (either by design
or when so required by local or state codes) may be permitted only
if a registered professional engineer or architect certifies that
the designs proposed meet the following conditions:
a.
Breakaway wall collapse shall result from a water load less than
that which would occur during the base flood; and
b.
The elevated portion of the building and supporting foundation system
shall not be subject to collapse, displacement, or other structural
damage due to the effects of wind and water loads acting simultaneously
on all building components (structural and non-structural).
Such temporarily enclosed space shall not be used for human
habitation, but shall be useable solely for parking of vehicles, building
access or storage.
4.
Fill
shall not be used for structural support of buildings.
5.
Manmade
alteration of sand dunes which would increase potential flood damage
is prohibited.
6.
The
Floodplain Administrator shall obtain and maintain the following records:
a.
Certification by a registered engineer or architect that a proposed
structure complies with subsection (G)(1);
b.
Elevation (in relation to mean sea level) of the bottom of the lowest
structural member of the lowest floor (excluding pilings and columns)
of all new and substantially improved structures, and whether or not
such structures contain a basement.
7.
All
recreational vehicles placed within "areas of special flood
hazard" shall either:
a.
Be on the site for fewer than 180 consecutive days;
b.
Be fully licensed and ready for highway use; or
c.
Meet the requirements within this subsection.
A recreational vehicle is ready for highway use if it is on
its wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices, and has no permanently
attached additions.
8.
Require
manufactured homes placed or substantially improved on sites:
a.
Outside of a manufactured home park or subdivision;
b.
In a new manufactured home park or subdivision;
c.
In an expansion to an existing manufactured home park or subdivision;
or
d.
In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, meet the standards of subsection G and that manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within the coastal high hazard areas meet the requirements of subsection (A)(3)(e).
(Ord. 97-913 § 1; Ord. 753 § 7 Ex. B, 1988; Ord. 2010-1097 § 1; Ord. 2019-1189 § 5)
In the same manner as Section 1.01.100 of the Imperial Beach Municipal Code, this chapter and the various parts thereof are hereby declared to be severable. Should any section of the ordinance codified in this chapter 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. 2010-1097 § 1)
In the event of a conflict between this chapter and any other
part of the Imperial Beach Municipal Code, the most restrictive provision
shall control.
(Ord. 2019-1189 § 6)
