The legislature of the State of California has in Government
Code Sections 65302, 65560, and 65800 conferred upon local governments
the authority to adopt regulations designed to promote the public
health, safety, and general welfare of its citizenry. Therefore, the
City of Escondido of the County of San Diego does hereby adopt the
following floodplain management regulations.
(Ord. No. 2009-27, § 1, 12-16-2009)
(a)
The flood hazard areas of the City of Escondido 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. No. 2009-27, § 1, 12-16-2009)
It is the purpose of this article 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. No. 2009-27, § 1, 12-16-2009)
In order to accomplish its purposes, this article 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; and
(e)
Prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards
in other areas.
(Ord. No. 2009-27, § 1, 12-16-2009)
Unless specifically defined below, words or phrases used in
this article shall be interpreted so as to give them the meaning they
have in common usage and to give this article 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 article.
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 article.
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 1% 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 the 13th day
of January, 1993.
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 article 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 6-475 through 6-475.2 of this article, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City of Escondido 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 sections 6-475 through 6-475.2 of this article means the exceptional hardship that would result from a failure to grant the requested variance. The City of Escondido 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").
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 nonelevation
design requirements, including, but not limited to:
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 of Escondido substantial damage/improvement
procedures. See Section 6-473.1(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 13th day of January, 1993, 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 13th
day of January, 1993.
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 6-475 through 6-475.2 of this article, 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 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 1% 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 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 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 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 ordinance
which permits construction in a manner that would otherwise be prohibited
by this ordinance.
means the failure of a structure or other development to
be fully compliant with this article. A structure or other development
without the elevation certificate, other certifications, or other
evidence of compliance required in this article is presumed to be
in violation until such time as that documentation is provided.
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.
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.
(Ord. No. 2009-27, § 1, 12-16-2009)
This article shall apply to all areas of special flood hazards
within the jurisdiction of the City of Escondido.
(Ord. No. 2009-27, § 1, 12-16-2009)
The areas of special flood hazard identified by the Federal
Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS)
for the City of Escondido" dated the 18th of May, 2009, with accompanying
flood insurance rate maps (FIRMs) and flood boundary and floodway
maps (FBFMs), dated the 18th of May, 2009, and all subsequent amendments
and/or revisions, are hereby adopted by reference and declared to
be a part of this article. This FIS and attendant mapping is the minimum
area of applicability of this article and may be supplemented by studies
for other areas which allow implementation of this article and which
are recommended to the city council by the floodplain administrator.
The study, FIRMs and FBFMs are on file at engineering services department.
(Ord. No. 2009-27, § 1, 12-16-2009)
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms
of this article and other applicable regulations. Violation of the
requirements (including violations of conditions and safeguards) shall
constitute a misdemeanor. Nothing herein shall prevent the city council
from taking such lawful action as is necessary to prevent or remedy
any violation.
(Ord. No. 2009-27, § 1, 12-16-2009)
This article is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this article and another ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
(Ord. No. 2009-27, § 1, 12-16-2009)
In the interpretation and application of this article, 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. No. 2009-27, § 1, 12-16-2009)
The degree of flood protection required by this article 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 article 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 article shall not create liability
on the part of the city council, 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 article or
any administrative decision lawfully made hereunder.
(Ord. No. 2009-27, § 1, 12-16-2009)
This article and the various parts thereof are hereby declared
to be severable. Should any section of this article be declared by
the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the article as a whole, or any portion
thereof other than the section so declared to be unconstitutional
or invalid.
(Ord. No. 2009-27, § 1, 12-16-2009)
The director of engineering services department is hereby appointed
to administer, implement, and enforce this article by granting or
denying development permits in accord with its provisions.
(Ord. No. 2009-27, § 1, 12-16-2009)
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:
(1)
Permit requirements of this article 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 Escondido; 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 community staff.
(c)
Review, use and development of other base flood data. When base flood elevation data has not been provided in accordance with section 6-472.1, 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 6-474 through 6-474.6.
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 adjacent communities and the California Department of
Water Resources 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 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.
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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 6-474(c)(2) (elevation or floodproofing
of nonresidential structures);
(3)
Certification required by section 6-474(c)(3) (wet floodproofing
standard);
(4)
Certification of elevation required by section 6-474.2(a)(3) (subdivisions
and other proposed development standards);
(5)
Certification required by section 6-474.5(b) (floodway encroachments);
and
(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 6-473.3.
(g)
Remedial action. Take action to remedy violations of this article as specified in section 6-472.2.
(h)
Biennial report. Complete and submit biennial report to FEMA.
(i)
Planning. Assure community's general plan is consistent with floodplain
management objectives herein.
(Ord. No. 2009-27, § 1, 12-16-2009)
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 6-472.1. Application for a development permit shall be made on forms furnished by the City of Escondido. 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;
(6)
Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures; and
(7)
Proposed elevation in relation to mean sea level to which any nonresidential
structure will be floodproofed, as required in section 6-474(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 6-474(c)(2).
(c)
For a crawl-space foundation, location and total net area of foundation
openings as required in section 6-474(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.
(e)
All appropriate certifications listed in section 6-473.1(e).
(Ord. No. 2009-27, § 1, 12-16-2009)
The city council of the City of Escondido 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 article.
(Ord. No. 2009-27, § 1, 12-16-2009)
In all areas of special flood hazards the following standards
are required:
(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 to or above the base flood elevation;
(B)
In an AO zone, elevated 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 to or above the base flood elevation; as determined under
section 6-473.1(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 this subsection; or
(A)
Be floodproofed, together with attendant utility and sanitary facilities,
below the elevation recommended under subsection (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 subsections (c)(1)(A) and (c)(1)(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 nonengineered 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 subsection (c)(3). Areas
of the garage below the BFE must be constructed with flood resistant
materials. See subsection 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 6-471, 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 flood-resistant 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 6-474.5; and
f.
The accessory structure must be designed to allow for the automatic
entry of flood waters in accordance with subsection (c)(3).
(ii)
Detached garages and accessory structures not meeting the above
standards must be constructed in accordance with all applicable standards
in this section.
(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 72 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. No. 2009-27, § 1, 12-16-2009)
(b)
On-site waste disposal systems shall be located to avoid impairment
to them, or contamination from them during flooding.
(Ord. No. 2009-27, § 1, 12-16-2009)
(a)
All new subdivisions 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 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. No. 2009-27, § 1, 12-16-2009)
(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:
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 or 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 subsection 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 or 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.
|
(Ord. No. 2009-27, § 1, 12-16-2009)
(a)
All recreational vehicles placed in zones A1-30, AH, and AE 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. No. 2009-27, § 1, 12-16-2009)
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 of Escondido.
(b)
Within an adopted regulatory floodway, the City of Escondido 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.
(c)
If subsections a and b are satisfied, all new construction, substantial
improvement, and other proposed new development shall comply with
all other applicable flood hazard reduction provisions of this article.
(Ord. No. 2009-27, § 1, 12-16-2009)
(a)
The floodplain administrator shall require permits for proposed construction
and other development within all flood-related erosion-prone areas
known to the community.
(b)
Permit applications shall be reviewed to determine whether the proposed
site alterations and improvements will be reasonably safe from flood-related
erosion, and will not cause flood-related erosion hazards or otherwise
aggravate the existing hazard.
(c)
If a proposed improvement is found to be in the path of flood-related
erosion or would increase the erosion hazard, such improvement shall
be relocated or adequate protective measures shall be taken to avoid
aggravating the existing erosion hazard.
(d)
Within zone E on the flood insurance rate map, a setback is required
for all new development from the ocean, lake, bay, riverfront or other
body of water to create a safety buffer consisting of a natural vegetative
or contour strip. This buffer shall be designated according to the
flood-related erosion hazard and erosion rate, in relation to the
anticipated useful life of structures, and depending upon the geologic,
hydrologic, topographic, and climatic characteristics of the land.
The buffer may be used for suitable open space purposes, such as for
agricultural, forestry, outdoor recreation and wildlife habitat areas,
and for other activities using temporary and portable structures only.
(Ord. No. 2009-27, § 1, 12-16-2009)
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 the granting of a variance.
The variance criteria set forth herein 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 article 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 of Escondido 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
article 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. No. 2009-27, § 1, 12-16-2009)
(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 6-473 through 6-474.6 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 6-471) 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 article. 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 the local ordinance.
(e)
Any applicant to whom a variance is granted shall be given written
notice over the signature of a community 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
San Diego Recorder and 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. No. 2009-27, § 1, 12-16-2009)
(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 article, 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 expense, create a nuisance (see definition for 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 6-475.1(a) and the purposes
of this article, the city council may attach such conditions to the
granting of variances as it deems necessary to further the purposes
of this article.
(Ord. No. 2009-27, § 1, 12-16-2009)
