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 Moreno Valley does hereby adopt the following
floodplain management regulations.
(Ord. 796 § 2.1, 2009)
A.
The
flood hazard areas of the city are subject to periodic inundation
which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, additional 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 contribute to flood losses.
(Ord. 796 § 2.1, 2009)
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 city 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. 796 § 2.1, 2009)
In order to accomplish its purposes, this chapter includes methods
and provisions 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 flood waters;
D.
Control
filling, grading, dredging and other development which may increase
flood damage; and
E.
Prevent
or regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards in other areas.
(Ord. 796 § 2.1, 2009)
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 "100-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 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) is completed before June 18, 1987.
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 (FEMA) 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 individual appointed 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 8.12.230 through 8.12.240 of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 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., county or municipality,
that is empowered to adopt and implement regulations to provide for
the public health, safety and general welfare of its citizenry.
as related to Section 8.12.230, means the exceptional hardship that would result from a failure to grant the requested variance. The city 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 manmade 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").
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:
The flood openings standard in Section 8.12.170(C)(3);
The anchoring standards in Section 8.12.170(A);
The construction materials and methods standards in Section 8.12.170(B);
The standards for utilities in Section 8.12.180.
For residential structures, all subgrade enclosed areas are
prohibited as they are considered to be basements (see "Basement").
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.
is defined in the city substantial damage/improvement procedures. See Subsection 8.12.140 (B)(1).
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 the effective
date of floodplain management regulations adopted by this community,
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 the effective
date of floodplain management regulations adopted by this community.
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 Section 8.12.230, 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. Also referred to as "floodway".
means to bring the structure or other development into compliance
with state or local floodplain management regulations, or if this
is not possible, to reduce the impacts of its noncompliance. Ways
that impacts may be reduced include protecting the structure or other
affected development from flood damages, implementing the enforcement
provisions of the ordinance or otherwise deterring future similar
violations, or reducing 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 a
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 180 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
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. 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 50% of the market value of the structure before
the damage occurred.
means any reconstruction, rehabilitation, addition or other
improvement of a structure, the cost of which equals or exceeds 50%
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 or 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. 796 § 2.1, 2009)
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the city.
(Ord. 796 § 2.1, 2009)
The areas of special flood hazard identified by the Federal
Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS)
for Moreno Valley dated August 28, 2008, with accompanying Flood Insurance
Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated
August 28, 2008, and all subsequent amendments and/or revisions, are
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 by the floodplain administrator. The study, FIRMs and FBFMs
are on file at public works department, land development division.
(Ord. 796 § 2.1, 2009)
No structure or land shall hereafter be constructed, located,
extended, converted or altered without full compliance with the term
of this chapter and other applicable regulations. Violation of the
requirements set forth in this chapter or the continued maintenance
of property in violation of the requirements set forth in this chapter
(including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Nothing
herein shall prevent the city from taking such lawful action as is
necessary to prevent or remedy any violation.
(Ord. 796 § 2.1, 2009)
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. 796 § 2.1, 2009)
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. 796 § 2.1, 2009)
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This chapter does not imply that land outside the areas of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability
on the part of the city, any officer or employee thereof, the state
of California, or the Federal Insurance Administration, Federal Emergency
Management Agency, for any flood damages that result from reliance
on this chapter or any administrative decision lawfully made hereunder.
(Ord. 796 § 2.1, 2009)
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 ordinance as a whole, or any portion
thereof other than the section so declared to be unconstitutional
or invalid.
(Ord. 796 § 2.1, 2009)
The city engineer is appointed to administer, implement and
enforce this chapter by granting or denying development permits in
accord with its provisions.
(Ord. 796 § 2.1, 2009)
The duties and responsibilities of the floodplain administrator
shall include, but not be limited to the following.
A.
Permit
Review. Review all development permits to determine that:
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;
and
5.
All
Letters of Map Revision (LOMRs) for projects shall be approved prior
to issuance of any certificates of occupancy. Building permits may
be issued on Conditional Letters of Map Revision (CLOMRs).
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 8.12.070, 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 8.12.170 through 8.12.220. Note: 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.
D.
Notification
of Other Agencies.
1.
Alteration
or relocation of a watercourse:
a.
Notify the county of Riverside, Riverside County Flood Control and
Water Conservation District (RCFC&WCD), adjacent communities and
the California Department of Water Resources (DWR) prior to alteration
or relocation;
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 the water-course 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 projects shall be approved prior to the issuance of
any certificates of occupancy. Building permits may be issued on CLOMRs.
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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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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:
2.
Certification
required by Section 8.12.170(C)(2) (elevation or floodproofing of
nonresidential structures);
3.
Certification
required by Section 8.12.170(C)(3) (wet floodproofing standard);
4.
Certification
of elevation required by Section 8.12.190(A)(3) (subdivision standards);
5.
Certification required by Section 8.12.220(B) (floodway encroachments);
6.
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.
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 8.12.160.
G.
Remedial Action. Take action to remedy violations of this chapter as specified in Section 8.12.080.
H.
Biennial
Report. Complete and submit biennial report to FEMA.
I.
Planning.
Assure the city's general plan is consistent with floodplain management
objectives herein.
(Ord. 796 § 2.1, 2009; Ord. 919 § 2, 2017)
A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 8.12.070. Application for a development permit shall be made on forms furnished 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 8.12.070 or Section 8.12.140(C);
6.
Proposed
elevation in relation to mean sea level, of 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 8.12.170(C)(2)
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
8.12.170(C)(2).
C.
For
a crawl-space foundation, location and total net area of foundation
openings as required in Section 8.12.170(C)(3) 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.
(Ord. 796 § 2.1, 2009)
The city council 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.
(Ord. 796 § 2.1, 2009)
In all areas of special flood hazards the following standards
are required:
A.
Anchoring.
All new construction and substantial improvements 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 improvement
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 pursuant
to the adopted California Building Standards Code 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,
and all non-flood-resistant building material and all of the structure's
support equipment such as, but not limited to, electrical, heating,
ventilation ductworks, plumbing, and air conditioning equipment and
other service facilities that could be damaged if submerged under
water:
a.
In AE, AH, A1-30 zones, elevated at least one foot above the base
flood elevation;
b.
In an AO zone, elevated at least one foot above the highest adjacent
grade to a height equal to or exceeding the depth number specified
in feet on the FIRM, or elevated at least two 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 one foot above the base flood elevation; as determined in Section 8.12.140(C).
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Upon 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 a city official
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 8.12.170(C)(1) or:
a.
Be floodproofed, together with attended utility and sanitary facilities,
below the elevation recommended under Section 8.12.170(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 8.12.170(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 exceed the following minimum criteria:
For nonengineered openings:
a.
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;
b.
The bottom of all openings shall be no higher than one foot above
grade;
c.
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
d.
Buildings with more than one enclosed area must have openings on
exterior walls for each area to allow flood water to directly enter;
or
e.
Be certified by a registered civil engineer or architect.
g.
Garages and low cost accessory structures.
4.
Attached
Garages.
a.
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 8.12.170(C)(3). Areas of the garage below the BFE must be constructed with flood resistant materials. See Section 8.12.170(B).
b.
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.
5.
Detached
Garages and Accessory Structures.
a.
"Accessory structures" used solely for parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 8.12.050, 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:
i.
Use of the accessory structure must be limited to parking or limited
storage;
ii.
The portions of the accessory structure located below the BFE must
be built using flood-resistant materials;
iii.
The accessory structure must be adequately anchored to prevent flotation,
collapse and lateral movement;
iv.
Any mechanical and utility equipment in the accessory structure must
be elevated or floodproofed to or above the BFE;
v.
The accessory structure must comply with floodplain encroachment provisions in Section 8.12.220; and
vi.
The accessory structure must be designed to allow for the automatic
entry of flood waters in accordance with Section 8.12.170(C)(3).
(Ord. 796 § 2.1, 2009; Ord. 995 § 4, 2023)
B.
On-site
waste disposal systems shall be located to avoid impairment to them,
or contamination from them during flooding.
(Ord. 796 § 2.1, 2009)
A.
All
new 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:
1.
Identify
the special flood hazard areas (SFHA) and base flood elevations (BFE);
2.
Identify
the elevations of the 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. 796 § 2.1, 2009)
A.
All
manufactured homes that are placed or substantially improved, on sites
located: (1) outside of a manufactured home or subdivision; (2) in
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 community's Flood Insurance Rate Map,
be elevated on a permanent foundation such that the lowest floor of
the manufactured home is elevated to at least one foot 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 community's Flood Insurance Rate Map that are not subject to the provisions of Section 8.12.200(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 in accordance with the state of
California recommendation of at least one foot 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 36
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. 796 § 2.1, 2009)
A.
All
recreational vehicles placed in zones A1-30, AH and AE on the Flood
Insurance Rate Map will either:
1.
Be
on the site for fewer than 180 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
(Ord. 796 § 2.1, 2009)
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.
B.
Within
an adopted regulatory floodway, the city 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. 796 § 2.1, 2009)
The issuance of a variance is for floodplain management purposes
only. Insurance premium rates are determined by statute according
to actuarial risk and will not be modified by granting a variance.
The variance criteria set forth in this section are based on
the general principle of zoning law that 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 more 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. 796 § 2.1, 2009)
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 8.12.130 through 8.12.220 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 8.12.050) 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 ordinance. For example, in the case
of variances to an elevation requirement, this means the city need
not grant permission for the applicant to build at grade, or even
to whatever elevation the applicant proposes, but only that elevation
which the city believes will both provide relief and preserve the
integrity of the local ordinance.
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 $25 for $100 of insurance coverage, and
2.
Such
construction below the base flood level increases risks to life and
property. It is recommended that a copy of the notice shall be recorded
by the floodplain administrator in the office of the county of Riverside
recorder and shall be recorded in a manner so that it appears in the
chain of the title of 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. 796 § 2.1, 2009)
A.
In passing
upon requests for variances, the city council shall consider all technical
evaluations, all relevant factors, standards specified in other sections
of this chapter; and the:
1.
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.
B.
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
expenses, create a nuisance (see "Public safety and nuisance"), cause
"fraud and victimization" of the public, or conflict with existing
local laws or ordinances.
C.
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 subsections A through D 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.
D.
Upon consideration of the factors of Section 8.12.235(A) and the purposes of this ordinance, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.
(Ord. 796 § 2.1, 2009)
