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 council of the city of Palm Springs does hereby adopt the following
floodplain management regulations.
(Ord. 1739 § 2, 2008)
(a)
The
flood hazard areas of the city of Palm Springs 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 uses that are inadequately elevated, floodproofed,
or protected from flood damage. The cumulative effect of obstructions
in areas of special flood hazards which increase flood heights and
velocities also contributes to flood losses.
(Ord. 1739 § 2, 2008)
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 legally enforceable regulations
applied uniformly throughout the community to all publicly and privately
owned land within flood prone, mudslide (i.e., mudflow) or flood related
erosion areas. These regulations are 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; and streets and bridges located
in areas of special flood hazard;
(f)
Help
maintain a stable tax base by providing for the sound use and development
of areas of special flood hazard so as to minimize future blighted
areas caused by flood damage;
(g)
Ensure
that potential buyers are notified that property is in an area of
special flood hazard; and
(h)
Ensure
that those who occupy the areas of special flood hazard assume responsibility
for their actions.
(Ord. 1739 § 2, 2008)
In order to accomplish its purposes, this chapter includes regulations
to:
(a)
Restrict
or prohibit 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)
Require
that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
(c)
Control
the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
(d)
Control
filling, grading, dredging, and other development which may increase
flood damage;
(e)
Prevent
or regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards in other areas.
(Ord. 1739 § 2, 2008)
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.
See "Special flood hazard area."
means a structure that is either:
means a use which is incidental and subordinate to the principal
use of the parcel of land on which it is located.
means a geomorphologic feature characterized by a cone or
fan shaped deposit of boulders, gravel, and fine sediments that have
been eroded from mountain slopes, transported by flood flows, and
then deposited on the valley floors, and which is subject to flash
flooding, high velocity flows, debris flows, erosion, sediment movement
and deposition, and channel migration.
means a point on an alluvial fan or similar landform below
which the flow path of the major stream that formed the fan becomes
unpredictable and alluvial fan flooding can occur.
means a request for a review of the floodplain administrator's
interpretation of any provision of this chapter.
means a designated AO or AH zone on the flood insurance rate
map (FIRM). The base flood depths range from one to three feet; a
clearly defined channel does not exist; the path of flooding is unpredictable
and indeterminate; and velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
See "Special flood hazard area."
means a flood which has a one percent chance of being equaled
or exceeded in any given year (also called the "one hundred-year flood").
Base flood is the term used throughout this chapter.
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
(i.e., below ground level) on all sides.
See "Structure."
means the city of Palm Springs.
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 or storage of equipment or materials.
means the advance or infringement of uses, plant growth,
fill, excavation, buildings, permanent structures or development into
a floodplain which may impede or alter the flow capacity of a floodplain.
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) was completed before January 6, 1988.
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 the overflow of inland or tidal waters;
the unusual and rapid accumulation or runoff of surface waters from
any source; and/or mudslides (i.e., mudflows); and
The condition resulting from flood-related erosion.
means the official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the floodway.
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 flood insurance rate
map, 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 "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 and preserving and enhancing,
where possible, natural resources in the floodplain, including but
not limited to emergency preparedness plans, flood control works,
floodplain management regulations, and open space plans.
means this chapter and other zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances
(such as grading and erosion control) and other application of police
power which control development in flood prone areas. This term describes
federal, state or local regulations in any combination thereof which
provide standards for preventing and reducing flood loss and damage.
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. For guidelines on dry
and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93,
and TB 7-93.
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."
is that area of the floodplain on either side of the "regulatory
floodway" where encroachment may be permitted.
as related to Sections 8.68.230 through 8.68.250 of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
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, and does not include long term storage
or related manufacturing facilities.
is the local governing unit, i.e., the city council of the
city of Palm Springs, that is empowered to adopt and implement regulations
to provide for the public health, safety and general welfare of its
citizenry.
as related to Sections 8.68.230 through 8.68.250 of this chapter, means the exceptional hardship that would result from a failure to grant the requested variance. The city of Palm Springs requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
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 man-made structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering practices
to contain, control or divert the flow of water so as to provide protection
from temporary flooding.
means a flood protection system which consists of a levee,
or levees, and associated structures, such as closure and drainage
devices, which are constructed and operated in accord with sound engineering
practices.
means the lowest floor of the lowest enclosed area, including
basement (see "Basement" definition).
An unfinished or flood resistant enclosure below the lowest
floor that is 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 it conforms to applicable non-elevation
design requirements, including, but not limited to:
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 attached to the required utilities.
The term "manufactured home" does not include a "recreational vehicle."
means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
shall be determined by estimating the cost to replace the
structure in new condition and adjusting that cost figure by the amount
of depreciation which has accrued since the structure was constructed.
The cost of replacement of the structure shall be based on a
square foot cost factor determined by reference to a building cost
estimating guide recognized by the building construction industry.
The amount of depreciation shall be determined by taking into
account the age and physical deterioration of the structure and functional
obsolescence as approved by the floodplain administrator, but shall
not include economic or other forms of external obsolescence.
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Use of replacement costs or accrued depreciation factors different
from those contained in recognized building cost estimating guides
may be considered only if such factors are included in a report prepared
by an independent professional appraiser and supported by a written
explanation of the differences.
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means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929, North American
Vertical Datum (NAVD) of 1988, or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
for floodplain management purposes, means structures for
which the "start of construction" commenced on or after January 6,
1988, and includes any subsequent improvements to such 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 on or after January
6, 1988.
includes, but is not limited to, any dam, wall, wharf, embankment,
levee, dike, pile, abutment, protection, excavation, channelization,
bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse,
fill, structure, vegetation or other material in, along, across or
projecting into any watercourse which may alter, impede, retard or
change the direction and/or velocity of the flow of water, or due
to its location, its propensity to snare or collect debris carried
by the flow of water, or its likelihood of being carried downstream.
See "Base flood."
means a defect in a community's floodplain management regulations
or administrative procedures that impairs effective implementation
of those floodplain management regulations.
as related to Sections 8.68.230 through 8.68.250 of this chapter, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
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 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.
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 state or 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.
See "Area of shallow flooding."
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, or, AH.
includes substantial improvement and other proposed new development
and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within one hundred eighty days
from the date of the permit. 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 manufacture 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. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
means a walled and roofed building that is principally above
ground; this includes a gas or liquid storage tank or 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 fifty percent of the market value of the structure before
the damage occurred; or
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such event, on the average, equals or exceeds twenty-five
percent of the market value of the structure before the damage occurred.
This is also known as "repetitive loss."
means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds fifty
percent of the market value of the structure before the "start of
construction" of the improvement. This term includes structures which
have incurred "substantial damage", regardless of the actual repair
work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
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 this chapter. 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 (NAVD) of 1988,
or other datum, of floods of various magnitudes and frequencies in
the floodplains of coastal or riverine areas.
means a lake, river, creek, stream, wash, arroyo, channel
or other topographic feature on or over which waters flow at least
periodically. Watercourse includes specifically designated areas in
which substantial flood damage may occur.
(Ord. 1739 § 2, 2008)
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the city of Palm Springs.
(Ord. 1739 § 2, 2008)
The areas of special flood hazard identified by the Federal
Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS)
for the city of Palm Springs, California, Riverside County," of the
latest date, with accompanying flood insurance rate maps (FIRMs) and
flood boundary and floodway maps (FBFMs), of the latest date, and
all subsequent amendments and/or revisions, are hereby adopted by
reference and declared to be a part of this chapter. This FIS and
attendant mapping 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. The study, FIRMs and FBFMs are on file at
the public works and engineering department.
(Ord. 1739 § 2, 2008)
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. Violation of the
requirements (including violations of conditions and safeguards) shall
constitute a misdemeanor. Nothing herein shall prevent the city of
Palm Springs from taking such lawful action as is necessary to prevent
or remedy any violation.
(Ord. 1739 § 2, 2008)
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. 1739 § 2, 2008)
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. 1739 § 2, 2008)
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 of Palm Springs, any officer or employee thereof,
the state of California, or the Federal Emergency Management Agency,
for any flood damages that result from reliance on this chapter or
any administrative decision lawfully made hereunder.
(Ord. 1739 § 2, 2008)
This chapter and the various parts thereof are hereby declared
to be severable. Should any section of this chapter be declared by
the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the chapter as a whole, or any portion
thereof other than the section so declared to be unconstitutional
or invalid.
(Ord. 1739 § 2, 2008)
The city engineer is hereby appointed to administer, implement,
and enforce this chapter by granting or denying development permits
in accord with its provisions.
(Ord. 1739 § 2, 2008)
The duties and responsibilities of the floodplain administrator
shall include, but not be limited to the following:
(a)
Permit
Review. Review all area of special flood hazard development permits
to determine:
(1)
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. This 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 Palm Springs; and
(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)
Development
of Substantial Improvement and Substantial Damage Procedures.
(1)
Using FEMA publication FEMA 213, "Answers to Questions About Substantially
Damaged Buildings," develop detailed procedures for identifying and
administering requirements for substantial improvement and substantial
damage, to include defining "Market Value."
(2)
Assure procedures are coordinated with other departments/divisions
and implemented by city staff.
(c)
Review,
Use and Development of Other Base Flood Data.
When base flood elevation data has not been provided in accordance with Section 8.68.070, 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 Sections 8.68.170 through 8.68.220. Any such information shall be submitted to the city council for adoption.
Note: A base flood elevation shall 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 (one hundred-year) Flood Elevations" dated July
1995.
(d)
Notification
of Other Agencies.
(1)
Alteration or relocation of a watercourse:
(A)
Notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation of a watercourse;
(B)
Submit evidence of such notification to the Federal Emergency Management
Agency; and
(C)
Assure that the flood carrying capacity within the altered or relocated
portion of said watercourse is maintained.
(2)
Base Flood Elevation changes due to physical alterations:
(A)
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).
(B)
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.
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.
(3)
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.
(e)
Documentation
of Floodplain Development.
Obtain and maintain for public inspection and make available
as needed the following:
(f)
Map
Determination.
Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, 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 8.68.160.
(g)
Remedial
Action.
Take action to remedy violations of this chapter as specified in Section 8.68.080.
(h)
Biennial
Report.
Complete and submit Biennial Report to FEMA.
(i)
Planning.
Assure city's general plan is consistent with floodplain management
objectives herein.
(j)
Non-Conversion
of Enclosed Areas Below the Lowest Floor.
To ensure that the areas below the BFE shall be used solely
for parking vehicles, limited storage, or access to the building and
not be finished for use as human habitation without first becoming
fully compliant with the floodplain management ordinance in effect
at the time of conversion, the floodplain administrator shall:
(1)
Determine which applicants for new construction and/or substantial
improvements have fully enclosed areas below the lowest floor that
are five feet or higher;
(2)
Enter into a "non-conversion agreement for construction within flood
hazard areas" or equivalent with the city of Palm Springs. The agreement
shall be recorded with the Riverside County recorder as a deed restriction.
The non-conversion agreement shall be in a form acceptable to the
floodplain administrator and city attorney; and
(3)
Have the authority to inspect any area of a structure below the base
flood elevation to ensure compliance upon prior notice of at least
seventy-two hours.
(Ord. 1739 § 2, 2008)
An area of special flood hazard development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 8.68.070. Application for an area of special flood hazard development permit shall be made on forms furnished by the city and shall be accompanied by a fee in such amount as has been prescribed by resolution of the city council for purposes of defraying the costs incidental to the city's review of the application. In addition to any other information required by the city, 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 8.68.070 or Section 8.68.140(c)(2);
(6)
Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures; and
(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 8.68.140(e) of this chapter.
(Ord. 1739 § 2, 2008)
The city council of the city of Palm Springs shall hear and decide appeals 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. The provisions of Chapter 2.05 of the Palm Springs Municipal Code shall apply to the appeal.
(Ord. 1739 § 2, 2008)
In all areas of special flood hazards the following standards
are required in addition to any other requirements found in Title
8 of the Palm Springs Municipal Code:
(a)
Anchoring.
All new construction and substantial improvements of structures,
including manufactured homes, shall be adequately 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.
All new construction and substantial improvements of structures,
including manufactured homes, shall be constructed:
(1)
With flood resistant materials, and utility equipment resistant to
flood damage for areas below the base flood elevation;
(2)
Using methods and practices that minimize flood damage;
(3)
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; and
(4)
Within zones AH or AO, so that there are adequate drainage paths
around structures on slopes to guide flood waters around and away
from proposed structures.
(c)
Elevation
and Floodproofing.
(1)
Residential Construction.
All new construction or substantial improvements of residential
structures shall have the lowest floor, including basement:
(A)
In AE, AH, A1-30 zones, elevated at least two feet above the base
flood elevation.
(B)
In an AO zone, elevated above the highest adjacent grade to a height
two feet above the depth number specified in feet on the FIRM, or
elevated at least four feet above the highest adjacent grade if no
depth number is specified.
(C)
In an A zone, without BFEs specified on the FIRM (unnumbered A zone),
elevated at least two feet above the base flood elevation; as determined
under Section 83.68.140(c).
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Upon the completion of the structure, the elevation of the lowest
floor, including basement, shall be certified by a registered civil
engineer or licensed land surveyor, and verified by the community
building inspector to be properly elevated. Such certification and
verification shall be provided to the Floodplain Administrator.
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(2)
Nonresidential Construction.
All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with Section 8.68.170(c)(1), or:
(A)
Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended Section 8.68.170(c)(1), so that 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 civil engineer or architect that the standards of Section 8.68.170(c)(2)(A) and (B) are satisfied. Such certification shall be provided to the floodplain administrator.
(3)
Flood openings.
All new construction and substantial improvements of structures
with fully enclosed areas below the lowest floor (excluding basements)
that are usable solely for parking of vehicles, building access or
storage, 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 floodwater. Designs for meeting this requirement
must meet the following minimum criteria:
(A)
For non-engineered openings:
(i)
Have a minimum of two openings on different sides having a total
net area of not less than one square inch for every square foot of
enclosed area subject to flooding;
(ii)
The bottom of all openings shall be no higher than one foot
above grade;
(iii)
Openings may be equipped with screens, louvers, valves or other
coverings or devices provided that they permit the automatic entry
and exit of floodwater; and
(iv)
Buildings with more than one enclosed area must have openings
on exterior walls for each area to allow flood water to directly enter;
or
(B)
Be certified by a registered civil engineer or architect.
(5)
Garages and Low Cost Accessory Structures.
(A)
Attached Garages.
(i)
A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See Section 8.68.170(c)(3). Areas of the garage below the BFE must be constructed with flood resistant materials. See Section 8.68.170(b).
(ii)
A garage attached to a nonresidential structure must meet the
above requirements or be dry floodproofed. For guidance on below grade
parking areas, see FEMA Technical Bulletin TB-6.
(B)
Detached Garages and Accessory Structures.
(i)
"Accessory structures" used solely for parking (two car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 8.68.050, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
a.
Use of the accessory structure must be limited to parking or
limited storage;
b.
The portions of the accessory structure located below the BFE
must be built using floodresistant materials;
c.
The accessory structure must be adequately anchored to prevent
flotation, collapse and lateral movement;
d.
Any mechanical and utility equipment in the accessory structure
must be elevated or floodproofed to or above the BFE;
e.
The accessory structure must comply with floodplain encroachment provisions in Section 8.68.220; and
f.
The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with Section 8.68.170(c) (3).
(6)
Crawlspace Construction.
This subsection applies to buildings with crawl spaces up to
two feet below grade. Below-grade crawl space construction in accordance
with the requirements listed below will not be considered basements.
(A)
The building must be designed and adequately anchored to resist flotation,
collapse, and lateral movement of the structure resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy. Crawl space
construction is not allowed in areas with flood velocities greater
than five feet per second unless the design is reviewed by a qualified
design professional, such as a registered architect or professional
engineer;
(B)
The crawl space is an enclosed area below the BFE and, as such, must
have openings that equalize hydrostatic pressures by allowing for
the automatic entry and exit of floodwaters. For guidance on flood
openings, see FEMA Technical Bulletin 1-93;
(C)
Crawl space construction is not permitted in V zones. Open pile or
column foundations that withstand storm surge and wave forces are
required in V zones;
(D)
Portions of the building below the BFE must be constructed with materials
resistant to flood damage. This includes not only the foundation walls
of the crawl space used to elevate the building, but also any joists,
insulation, or other materials that extend below the BFE;
(E)
Any building utility systems within the crawl space must be elevated
above BFE or designed so that floodwaters cannot enter or accumulate
within the system components during flood conditions; and
(F)
Requirements for all below-grade crawl space construction, in addition
to the above requirements, to include the following:
(i)
The interior grade of a crawl space below the BFE must not be
more than two feet below the lowest adjacent exterior grade (LAG),
shown as D in Figure 3 of Technical Bulletin 11-01,
(ii)
The height of the below-grade crawl space, measured from the
interior grade of the crawl space to the top of the crawl space foundation
wall must not exceed four feet (shown as L in Figure 3 of Technical
Bulletin 11-01) at any point,
(iii)
There must be an adequate drainage system that removes floodwaters
from the interior area of the crawl space within a reasonable period
of time after a flood event, not to exceed seventy-two hours, and
(iv)
The velocity of floodwaters at the site should not exceed five
feet per second for any crawl space. For velocities in excess of five
feet per second, other foundation types should be used.
(Ord. 1739 § 2, 2008)
(b)
On-site
waste disposal systems shall be located to avoid impairment to them,
or contamination from them during flooding.
(Ord. 1739 § 2, 2008)
(a)
All
new subdivisions proposals and other proposed development, including
proposals for manufactured home parks and subdivisions, greater than
fifty lots or five acres, whichever is the lesser, shall:
(1)
Identify the special flood hazard areas (SFHA) and base flood elevations
(BFE).
(2)
Identify the elevations of lowest floors of all proposed structures
and pads on the final plans.
(3)
If the site is filled above the base flood elevation, the following
as-built information for each structure shall be certified by a registered
civil engineer or licensed land surveyor and provided as part of an
application for a letter of map revision based on fill (LOMR-F) to
the floodplain administrator:
(b)
All
subdivision proposals and other proposed development shall be consistent
with the need to minimize flood damage.
(c)
All
subdivision proposals and other proposed development shall have public
utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage.
(d)
All
subdivisions and other proposed development shall provide adequate
drainage to reduce exposure to flood hazards.
(Ord. 1739 § 2, 2008)
(a)
All
manufactured homes that are placed or substantially improved, on sites
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:
(1)
Within zones A1 30, AH, and AE on the city's flood insurance rate
map, be elevated on a permanent foundation such that the lowest floor
of the manufactured home is elevated two feet above the base flood
elevation and be securely fastened to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
(b)
All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, and AE on the city's flood insurance rate map that are not subject to the provisions of Section 8.68.200(a) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:
(1)
Lowest floor of the manufactured home is at least two feet above
the base flood elevation; or
(2)
Manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less
than thirty-six inches in height above grade.
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Upon the completion of the structure, the elevation of the lowest
floor including basement shall be certified by a registered civil
engineer or licensed land surveyor, and verified by the community
building inspector to be properly elevated. Such certification and
verification shall be provided to the floodplain administrator.
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(Ord. 1739 § 2, 2008)
(a)
All
recreational vehicles placed in zones A1-30, AH, and AE will either:
(1)
Be on the site for fewer than one hundred eighty consecutive days;
or
(2)
Be fully licensed and ready for highway use. 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; or
(3)
Meet the permit requirements of Section 8.68.150 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 8.68.200(a).
(Ord. 1739 § 2, 2008)
Since floodways are an extremely hazardous area due to the velocity
of flood waters which carry debris, potential projectiles, and erosion
potential, the following provisions apply:
(a)
Until
a regulatory floodway is adopted, no new construction, substantial
development, or other development (including fill) shall be permitted
within zones A1-30 and AE, unless it is demonstrated that the cumulative
effect of the proposed development, when combined with all other development,
will not increase the water surface elevation of the base flood more
than one foot at any point within the city of Palm Springs.
(b)
Within
an adopted regulatory floodway, the city of Palm Springs shall prohibit
encroachments, including fill, new construction, substantial improvements,
and other development, unless certification by a registered civil
engineer is provided demonstrating that the proposed encroachment
shall not result in any increase in flood levels during the occurrence
of the base flood discharge.
(Ord. 1739 § 2, 2008)
The issuance of a variance pursuant to this chapter is for floodplain
management purposes only. Insurance premium rates are determined by
statute according to actuarial risk and will not be modified by the
granting of a variance.
Variances pertain to a piece of property and are not personal
in nature. A variance may be granted for a parcel of property with
physical characteristics so unusual that complying with the requirements
of this chapter would create an exceptional hardship to the applicant
or the surrounding property owners. The characteristics must be unique
to the property and not be shared by adjacent parcels. The unique
characteristic must pertain to the land itself, not to the structure,
its inhabitants, or the property owners.
It is the duty of the city to help protect its citizens from
flooding. This need is so compelling and the implications of the cost
of insuring a structure built below flood level are so serious that
variances from the flood elevation or from other requirements in the
flood ordinance are quite rare. The long term goal of preventing and
reducing flood loss and damage can only be met if variances are strictly
limited. Therefore, the variance guidelines provided in this chapter
are detailed and contain multiple provisions that must be met before
a variance can be properly granted. The criteria are designed to screen
out those situations in which alternatives other than a variance are
more appropriate.
(Ord. 1739 § 2, 2008)
(a)
Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 8.68.130 through 8.68.220 of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(b)
Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 8.68.050 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(c)
Variances
shall not be issued within any mapped regulatory floodway if any increase
in flood levels during the base flood discharge would result.
(d)
Variances
shall only be issued upon a determination that the variance is the
"minimum necessary" considering the flood hazard, to afford relief.
"Minimum necessary" means to afford relief with a minimum of deviation
from the requirements of this chapter. For example, in the case of
variances to an elevation requirement, this means the city council
need not grant permission for the applicant to build at grade, or
even to whatever elevation the applicant proposes, but only to that
elevation which the city council believes will both provide relief
and preserve the integrity of this chapter.
(e)
Any
applicant to whom a variance is granted shall be given written notice
over the signature of a city official that:
(1)
The issuance of a variance to construct a structure below the base
flood level will result in increased premium rates for flood insurance
up to amounts as high as twenty-five dollars for one hundred dollars
of insurance coverage; and
(2)
Such construction below the base flood level increases risks to life
and property.
The floodplain administrator shall record, or shall require
the applicant to record, a copy of the notice in the office of the
Riverside County recorder. The notice shall be recorded in a manner
so that it appears in the chain of title of the affected parcel of
land.
(f)
The
floodplain administrator will maintain a record of all variance actions,
including justification for their issuance, and report such variances
issued in its biennial report submitted to the Federal Emergency Management
Agency.
(Ord. 1739 § 2, 2008)
(a)
Application.
(1)
Application for a variance from the standards set forth in this chapter
shall be made on forms furnished by the city and shall be accompanied
by such information as required by the floodplain administrator and/or
city council and a fee in such amount as has been prescribed by resolution
of the city council for purposes of defraying the costs incidental
to the proceedings described herein.
(2)
The floodplain administrator shall make an investigation of the facts
bearing on the request for a variance to provide the information necessary
for action consistent with the intent of this chapter and shall report
the findings to the planning commission and/or city council.
(b)
Public
Hearing.
(1)
The city council of the city of Palm Springs shall hear and decide
all requests for variances from the standards set forth in this chapter.
(2)
In any case where the requested variance relates to development which
is subject to review by the planning commission of the city of Palm
Springs, the request shall first be heard and considered by the planning
commission concurrently with its review of the development. Notice
of the time, place, and purpose of the public hearing shall be given
as provided in Section 94.02.00(B)(4) of the Palm Springs Municipal
Code. Following such hearing, the planning commission shall recommend
to the city council its approval, conditional approval, or denial
of the requested variance. All approvals of any aspect of the development
by the planning commission shall be conditioned on the approval of
the requested variance by the city council. The date for hearing before
the city council shall be set by the city clerk for not more than
thirty days after the filing of the planning commission recommendation
with the city council.
(3)
In any case where the requested variance relates to development which
is not subject to review by the planning commission, the request shall
be heard in the first instance by the city council. The hearing date
shall be set by the city clerk after the application has been deemed
complete by the floodplain administrator. Notice of the time, place,
and purpose of the public hearing shall be given as provided in Section
94.02.00(B)(4) of the Palm Springs Municipal Code.
(c)
In
passing upon requests for variances, the planning commission and/or
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)
Danger of life and property due to flooding or erosion damage;
(3)
Susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the existing individual owner
and future owners of the property;
(4)
Importance of the services provided by the proposed facility to the
community;
(5)
Necessity to the facility of a waterfront location, where applicable;
(6)
Availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
(7)
Compatibility of the proposed use with existing and anticipated development;
(8)
Relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(9)
Safety of access to the property in time of flood for ordinary and
emergency vehicles;
(10)
Expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site; and
(11)
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
shall only be issued upon a:
(1)
Showing of good and sufficient cause;
(2)
Determination that failure to grant the variance would result in
exceptional "hardship" to the applicant; and
(3)
Determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, or extraordinary
public expense, create a nuisance (see "Public safety and nuisance"),
cause "fraud and victimization" of the public, or conflict with existing
local laws or ordinances.
(e)
Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of this Section 8.68.250 are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.
(f)
Upon consideration of the factors of Section 8.68.240(a) and the purposes of this chapter, the planning commission and/or city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(Ord. 1739 § 2, 2008)
