A. Statutory
authorization. The legislature of the state has in
Government Code
§§ 65302, 65560 and 65800 conferred upon local government
units authority to adopt regulations designed to promote the public
health, safety and general welfare of its citizenry. Therefore, the
city council does adopt the following floodplain management regulations.
B. Findings
of fact.
1. 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, 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.
2. 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 that increase flood heights and
velocities also contribute to the flood loss.
C. Statement
of purpose. It is the purpose of this chapter to promote the public
health, safety, and general welfare, and to minimize public and private
losses due to flood conditions in specific areas by provisions designed
to:
1. Protect
human life and health;
2. Minimize
expenditure of public money for costly flood control projects;
3. Minimize
the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
4. Minimize
prolonged business interruptions;
5. 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;
6. 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;
7. Ensure
that potential buyers are notified that the property is in an area
of special flood hazard; and
8. Ensure
that those who occupy the areas of special flood hazard assume responsibility
for their actions.
D. Methods
of reducing flood losses. In order to accomplish its purposes, this
chapter includes methods and provisions to:
1. 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;
2. Require
that uses vulnerable to floods, including facilities that serve such
uses, be protected against flood damage at the time of initial construction;
3. Control
the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
4. Control
filling, grading, dredging, and other development which may increase
flood damage; and
5. Prevent
or regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards in other areas.
(Code 1980, § 19.12.010; Ord. No. 669, § 2, 2002; Ord. No. 757, §§ 1, 2, 2006; Ord. No. 866, § 2, 6-18-2014; Ord. No. 870 (Recodification), 2014)
Unless specifically defined in this section, 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.
"Accessory use"
means a use that is incidental and subordinate to the principal
use of the parcel of land on which it is located.
"Alluvial fan"
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.
"Apex"
means the point of highest elevation on an alluvial fan,
which on undisturbed fans is generally the point where the major stream
that formed the fan emerges from the mountain front.
"Appeal"
means a request for a review of the floodplain administrator's
interpretation of any provision of this chapter.
"Area of shallow flooding"
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.
"Area of special flood-related erosion hazard"
means the land within a community which is most likely to
be subject to severe flood-related erosion losses. The area may be
designated as zone E on the flood insurance rate map (FIRM).
"Base flood"
means a flood which has a one percent chance of being equaled
or exceeded in any given year (also called the "100-year flood").
The term "base flood" is the term used throughout this chapter.
"Basement"
means any area of the building having its floor subgrade,
i.e., below ground level, on all sides.
"Breakaway walls"
means any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other
suitable building material, which is not part of the structural support
of the building and which is designed to break away under abnormally
high tides or wave action without causing any damage to the structural
integrity of the building on which they are used or any buildings
to which they might be carried by floodwaters. A breakaway wall shall
have a safe design loading resistance of not less than ten and no
more than 20 pounds per square foot. Use of breakaway walls must be
certified by a registered engineer or architect and shall meet the
following conditions:
A.
Breakaway wall collapse shall result from a water load less
than that which would occur during the base flood; and
B.
The elevated portion of the building shall not incur any structural
damage due to the effects of wind and water loads acting simultaneously
in the event of the base flood.
"Coastal high-hazard area"
means an area of special flood hazard extending from offshore
to the inland limit of a primary frontal dune along an open coast
and any other area subject to high-velocity wave action from storms
or seismic sources. It is an area subject to high-velocity waters,
including coastal and tidal inundation or tsunamis. The area is designated
on a flood insurance rate map (FIRM) as zone V1-V30, VE, or V.
"Development"
means any manmade 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.
"Encroachment"
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.
"Existing manufactured home park or subdivision"
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 effective
date of the floodplain management regulations adopted by a community.
"Expansion to an existing manufactured home park or subdivision"
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.
"Flood, flooding, or floodwater"
means:
A.
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). See "mudslides"; and
B.
The condition resulting from flood-related erosion. See Flood-related
erosion.
"Flood boundary and floodway map (FBFM)"
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.
"Flood hazard boundary map"
means the official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated the areas
of flood hazards.
"Flood insurance rate map (FIRM)"
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.
"Flood insurance study"
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.
"Flood-related erosion"
means the collapse or subsidence of land along the shore
of a lake or other body of water as a result of undermining caused
by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated force
of nature, such as a flash flood or an abnormal tidal surge, or by
some similarly unusual and unforeseeable event which results in flooding.
"Flood-related erosion area management"
means the operation of an overall program of corrective and
preventive measures for reducing flood-related erosion damage, including
but not limited to, emergency preparedness plans, flood-related erosion
control works, and floodplain management regulations.
"Floodplain management"
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.
"Floodplain management regulations"
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. The term "floodplain
management regulations" describes federal, state or local regulations
in any combination thereof which provide standards for preventing
and reducing flood loss and damage.
"Floodproofing"
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. (Refer to FEMA Technical
Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and
wet floodproofing.)
"Floodway"
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."
"Floodway fringe"
means that area of the floodplain on either side of the regulatory
floodway where encroachment may be permitted.
"Fraud and victimization"
as related to section
19.12.060, variances, 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.
"Functionally dependent use"
means a use that cannot perform its intended purpose unless
it is located or carried out in close proximity to water. The term
"functionally dependent use" 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.
"Governing body"
means 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.
"Hardship"
as related to section
19.12.060, variances, of this chapter" means the exceptional hardship that would result from a failure to grant the requested variance. The city council 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.
"Highest adjacent grade"
means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
"Historic structure"
means any structure that is:
A.
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;
B.
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;
C.
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
D.
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.
"Levee"
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.
"Levee system"
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.
"Lowest floor"
means the lowest floor of the lowest enclosed area, including
basement. (See Basement.)
A.
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:
B.
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.
"Manufactured home"
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.
"Market value"
shall be determined by estimating the cost to replace the
structure in new condition and adjusting that cost figure by the amount
of depreciation, which has accrued since the structure was constructed.
The cost of replacement of the structure shall be based on a square
foot cost factor determined by reference to a building cost estimating
guide recognized by the building construction industry. The amount
of depreciation shall be determined by taking into account the age
and physical deterioration of the structure and functional obsolescence
as approved by the floodplain administrator, but shall not include
economic or other forms of external obsolescence. Use of replacement
costs or accrued depreciation factors different from those contained
in recognized building cost estimating guides may be considered only
if such factors are included in a report prepared by an independent
professional appraiser and supported by a written explanation of the
differences.
"Mean sea level"
means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum,
to which base flood elevations shown on a community's flood insurance
rate map are referenced.
"Mudslide" (i.e., "mudflow")
means and describes a condition where there is a river, flow
or inundation of liquid mud down a hillside, usually as a result of
a dual condition of loss of brush cover and the subsequent accumulation
of water on the ground, preceded by a period of unusually heavy or
sustained rain.
"New construction,"
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.
"New manufactured home park or subdivision"
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.
"Obstruction"
means and 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.
"Primary frontal dune"
means a continuous or nearly continuous mound or ridge of
sand with relatively steep seaward and landward slopes immediately
landward and adjacent to the beach and subject to erosion and overtopping
from high tides and waves during major coastal storms. The inland
limit of the primary frontal dune occurs at the point where there
is a distinct change from a relatively mild slope.
"Public safety and nuisance"
as related to section
19.12.060, variances, 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.
"Recreational vehicle"
means a vehicle which is:
A.
Built on a single chassis;
B.
400 square feet or less when measured at the largest horizontal
projection;
C.
Designed to be self-propelled or permanently towable by a light-duty
truck; and
D.
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
"Regulatory floodway"
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.
"Remedy a violation"
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 chapter or otherwise deterring future similar violations,
or reducing state or federal financial exposure with regard to the
structure or other development.
"Riverine"
means relating to, formed by or resembling a river (including
tributaries), stream, brook, etc.
"Sand dunes"
mean naturally occurring accumulations of sand in ridges
or mounds landward of the beach.
"Special flood hazard area (SFHA)"
means an area in the floodplain subject to a one percent
or greater chance of flooding in any given year. It is shown on an
FHBM or FIRM as zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.
"Start of construction"
means and 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.
"Structure"
means a walled and roofed building that is principally above
ground; this includes a gas or liquid storage tank or a manufactured
home.
"Substantial damage"
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 percent of the market value of the structure
before the damage occurred.
"Substantial improvement"
means any reconstruction, rehabilitation, addition, or other
proposed new development of a structure, the cost of which equals
or exceeds 50 percent of the market value of the structure before
the start of construction of the improvement. The term "substantial
improvement" includes structures that have incurred substantial damage,
regardless of the actual repair work performed. The term "substantial
improvement" does not, however, include either:
A.
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 ensure safe living conditions;
or
B.
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a historic
structure.
V zone.
See Coastal high-hazard area.
"Variance"
means a grant of relief from the requirements of this chapter
that permits construction in a manner that would otherwise be prohibited
by this chapter.
"Violation"
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.
"Water surface elevation"
means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, (or other datum, where specified) of floods
of various magnitudes and frequencies in the floodplains of coastal
or riverine areas.
"Watercourse"
means a lake, river, creek, stream, wash, arroyo, channel
or other topographic feature on or over which waters flow at least
periodically. The term "watercourse" includes specifically designated
areas in which substantial flood damage may occur.
(Code 1980, § 19.12.020; Ord. No. 669, § 2, 2002; Ord. No. 757, §§ 1, 2, 2006; Ord. No. 866, § 2, 6-18-2014; Ord. No. 870 (Recodification), 2014)
A. Lands
to which this chapter applies. This chapter shall apply to all areas
of special flood hazards within the jurisdiction of the city.
B. Basis
for establishing the areas of special flood hazard. The areas of special
flood hazard identified by the Federal Insurance Administration (FIA)
of the Federal Emergency Management Agency (FEMA) in the flood insurance
study (FIS) for the city dated March 5, 1984, and accompanying flood
insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs),
dated January 17, 1997, 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 council by the floodplain administrator. The study, FIS,
FIRMs and FBFMs are on file in the office of the city engineer located
at 10500 Civic Center Drive, Rancho Cucamonga, CA 91729.
C. Compliance.
No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this
chapter and other applicable regulations. Violation of the requirements,
including violations of conditions and safeguards established in connection
with conditions, shall constitute a misdemeanor. Nothing in this chapter
shall prevent the city council from taking such lawful action as is
necessary to prevent or remedy any violation.
D. Abrogation
and greater restrictions. 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.
E. Interpretation.
In the interpretation and application of this chapter, all provisions
shall be:
1. Considered
as minimum requirements;
2. Liberally
construed in favor of the city council; and
3. Deemed
neither to limit nor repeal any other powers granted under state statutes.
F. Warning
and disclaimer of liability. The degree of flood protection required
by this chapter is considered reasonable for regulatory purposes and
is based on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be increased
by manmade or natural causes. This chapter does not imply that land
outside the areas of special flood hazards or uses permitted within
such areas will be free from flooding or flood damages. This chapter
shall not create liability on the part of city council, any officer
or employee thereof, the state, 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 under this chapter.
G. Severability.
This chapter and the various parts thereof are declared to be severable.
Should any section of this chapter be declared by the courts to be
unconstitutional or invalid, such decision shall not affect the validity
of the chapter as a whole, or any portion thereof other than the section
so declared to be unconstitutional or invalid.
(Code 1980, § 19.12.030; Ord. No. 669, § 2, 2002; Ord. No. 757, §§ 1, 2, 2006; Ord. No. 866, § 2, 6-18-2014; Ord. No. 870 (Recodification), 2014)
A. Establishment of development permit. A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in section
19.12.030(B). Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
1. Site
plan, including, but not limited to:
a. For all proposed structures, spot ground elevations at building corners
and 20-foot or smaller intervals along the foundation footprint, or
one-foot contour elevations throughout the building site;
b. Proposed locations of water supply, sanitary sewer, and utilities;
c. If available, the base flood elevation from the flood insurance study
and/or flood insurance rate map; and
d. If applicable, the location of the regulatory floodway.
2. Foundation
design detail, including, but not limited to:
a. Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures;
b. For a crawl-space foundation, location and total net area of foundation openings as required in section
19.12.050(A)(3)(c) and FEM
A Technical Bulletins 1-93 and 7-93; and
c. For foundations placed on fill, the location and height of fill,
and compaction requirements (compacted to 95 percent using the standard
proctor test method); and
3. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in section
19.12.050(A)(3)(c) and FEM
A Technical Bulletin TB 3-93;
4. All appropriate certifications listed in subsection
(C)(4) of this section; and
5. Description
of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
B. Designation
of the floodplain administrator. The city engineer is appointed to
administer, implement, and enforce this chapter by granting or denying
development permits in accordance with its provisions.
C. Duties
and responsibilities of the floodplain administrator. The duties and
responsibilities of the floodplain administrator shall include, but
not be limited to, the following:
1. Permit
review. Review all development permits to determine that:
a. Permit requirements of this chapter have been satisfied;
b. All other required state and federal permits have been obtained;
c. The site is reasonably safe from flooding; and
d. The proposed development does not adversely affect the carrying capacity
of areas where base flood elevations have been determined but a floodway
has not been designated. For purposes of this chapter, "adversely
affects" means that the cumulative effect of the proposed development
when combined with all other existing and anticipated development
will increase the water surface elevation of the base flood more than
one foot at any point.
2. Review,
use and development of other base flood data.
a. When base flood elevation data has not been provided in accordance with section
19.12.030(B), the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency or other source, in order to administer section
19.12.050. Any such information shall be submitted to the city council for adoption; or
b. If no base flood elevation date is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995, in order to administer section
19.12.050:
i. Simplified method.
(A)
100-year or base flood discharge shall be obtained using the
appropriate regression equation found in a U.S. geological survey
publication, or the discharge-drainage area method; and
(B)
Base flood elevation shall be obtained using the Quick-2 computer
program developed by FEMA; or
ii. Detailed method.
(A)
100-year or base flood discharge shall be obtained using the
U.S. Army Corps of Engineers' HEC-HMS computer program; and
(B)
Base flood elevation shall be obtained using the U.S. Army Corps
of Engineers' HEC-RAS computer program.
3. Notification
of other agencies. In alteration or relocation of a watercourse:
a. Notify adjacent communities and the state department of water resources
prior to alteration or relocation;
b. Submit new technical data to notify the Federal Insurance Administration,
Federal Emergency Management Agency of changes in the base flood elevation
within six months; and
c. Ensure that the flood-carrying capacity within the altered or relocated
portion of such watercourse is maintained.
4. Documentation
of floodplain development. Obtain and maintain for public inspection
and make available as needed the following:
b. Certification required by section
19.12.050(A)(3)(b) (elevation or floodproofing of nonresidential structures);
d. Certification of elevation required by section
19.12.050(C)(2) (subdivision standards);
5. Map determinations. 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, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section
19.12.060.
6. Remedial action. Take action to remedy violations of this chapter as specified in section
19.12.030(C).
D. Appeals.
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.
(Code 1980, § 19.12.040; Ord. No. 669, § 2, 2002; Ord. No. 757, §§ 1, 2, 2006; Ord. No. 866, § 2, 6-18-2014; Ord. No. 870 (Recodification), 2014)
A. Standards
of construction. In all areas of special flood hazards, the following
standards are required:
1. Anchoring.
a. 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. All manufactured homes shall meet the anchoring standards of subsection
D of this section.
2. Construction
materials and methods. All new construction and substantial improvement
shall be constructed:
a. With flood-resistant materials as specified in FEMA Technical Bulletin
TB 2-93 and utility equipment resistant to flood damage;
b. Using methods and practices that minimize flood damage;
c. 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
d. If within zones AH or AO, so that there are adequate drainage paths
around structures on slopes to guide floodwaters around and away from
proposed structures.
3. Elevation and floodproofing. (See section
19.12.010 definitions for Basement, Lowest floor, New construction, Substantial damage and Substantial improvement.)
a. Residential construction, new or substantial improvement, shall have
the lowest floor, including basement:
i. In an AO zone, elevated above the highest adjacent grade to a height
exceeding the depth number specified in feet on the FIRM by at least
two feet, or elevated at least four feet above the highest adjacent
grade if no depth number is specified;
ii. In an A zone, the lowest floor elevated to at least two feet above the base flood elevation; such base flood elevation shall be determined by one of the methods in section
19.12.040(C)(2);
iii.
In all other zones, elevated to at least two feet above the
base flood elevation.
Upon the completion of the structure, the elevation of the lowest
floor including basement shall be certified by a registered professional
engineer or 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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b. Nonresidential construction, new or substantial improvement, shall either be elevated to conform with subsection
(A)(3)(a) of this section or together with attendant utility and sanitary facilities:
i. Be floodproofed below the elevation recommended under subsection
(A)(3)(a) of this section so that the structure is watertight with walls substantially impermeable to the passage of water;
ii. Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
iii.
Be certified by a registered professional engineer or architect that the standards of this subsection
(A)(3)(b) are satisfied. Such certification shall be provided to the floodplain administrator.
c. All new construction and substantial improvement 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 shall
follow the guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93,
and must exceed the following minimum criteria:
i. Have a minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding. The bottom of all openings shall be no higher than one
foot above grade. Openings may be equipped with screens, louvers,
valves or other coverings or devices, provided that they permit the
automatic entry and exit of floodwater; or
ii. Be certified by a registered professional engineer or architect.
d. Manufactured homes shall also meet the standards in subsection
D of this section.
B. Standards
for utilities.
1. All
new and replacement water supply and sanitary sewage systems shall
be designed to minimize or eliminate:
a. Infiltration of floodwaters into the systems; and
b. Discharge from the systems into floodwaters.
2. On-site
waste disposal systems shall be located to avoid impairment to them,
or contamination from them, during flooding.
C. Standards
for subdivisions.
1. All
preliminary subdivision proposals shall identify the special flood
hazard area and the elevation of the base flood.
2. All
subdivision plans will provide the elevation of proposed structure
and pad. If the site is filled above the base flood elevation, the
lowest floor and pad elevations shall be certified by a registered
professional engineer or surveyor and provided to the floodplain administrator.
3. All
subdivision proposals shall be consistent with the need to minimize
flood damage.
4. All
subdivision proposals shall have public utilities and facilities such
as sewer, gas, electrical and water systems located and constructed
to minimize flood damage.
5. All
subdivisions shall provide adequate drainage to reduce exposure to
flood hazards.
D. Standards
for manufactured homes.
1. All
manufactured homes that are placed or substantially improved, within
zones A1-30, AH and AE on the community's flood insurance rate map
on sites located:
a. Outside of a manufactured home park or subdivision;
b. In a new manufactured home park or subdivision;
c. In an expansion to an existing manufactured home park or subdivision;
or
d. In an existing manufactured home park or subdivision on a site upon
which a manufactured home has incurred substantial damage as the result
of a flood, shall be elevated on a permanent foundation such that
the lowest floor of the manufactured home is elevated to at least
two feet above the base flood elevation and be securely fastened to
an adequately anchored foundation system to resist flotation, collapse,
and lateral movement.
2. All
manufactured homes that are placed or substantially improved on sites
located within zones V1-30, V, and VE on the community's flood insurance
rate map will meet the requirements of subsections D.1 and G of this
section.
3. All
manufactured homes to be placed or substantially improved on sites
in an existing manufactured home park or subdivision within zones
A1-30, AH, AE, V1-30, V, and VE on the community's flood insurance
rate map that are not subject to the provisions of subsection will
be securely fastened to an adequately anchored foundation system to
resist flotation, collapse, and lateral movement, and be elevated
so that either the:
a. Lowest floor of the manufactured home is at least two feet above
the base flood elevation;
b. 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.
Upon the completion of the structure, the elevation of the lowest
floor, including basement, shall be certified by a registered professional
engineer or 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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E. Standards
for recreational vehicles.
1. All
recreation vehicles placed on sites within zones A1-30, AH, and AE
on the community's flood insurance rate map will either:
a. Be on the site for fewer than 180 consecutive days, and 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
b. Meet the permit requirements of section
19.12.040 and the elevation and anchoring requirements for manufactured homes in subsection
(D)(1) of this section.
F. Floodways. Located within areas of special flood hazard established in section
19.12.030(B) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and erosion potential, the following provisions apply:
1. Prohibit
encroachments, including fill, new construction, substantial improvement,
and other new development, unless certification by a registered professional
engineer is provided demonstrating that encroachments shall not result
in any increase in the base flood elevation during the occurrence
of the base flood discharge;
2. If subsection
(F)(1) of this section is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this section.
G. Mudslide
(i.e., mudflow) prone areas.
1. The
floodplain administrator shall review permits for proposed construction
of other development to determine if it is proposed within a mudslide
area.
2. Permits
shall be reviewed to determine that the proposed site and improvement
will be reasonably safe from mudslide hazards. Factors to be considered
in making this determination include, but are not limited to:
a. The type and quality of soils;
b. Evidence of groundwater or surface water problems;
c. Depth and quality of any fill;
d. Overall slope of the site; and
e. Weight that any proposed development will impose on the slope.
3. Within
areas that may have mudslide hazards, the floodplain administrator
shall require that:
a. A site investigation and further review be made by persons qualified
in geology and soils engineering;
b. The proposed grading, excavation, new construction, and substantial
improvement are adequately designed and protected against mudslide
damages;
c. The proposed grading, excavations, new construction, and substantial
improvement not aggravate the existing hazard by creating either on-site
or off-site disturbances; and
d. Drainage, planting, watering, and maintenance not endanger slope
stability.
H. Flood-related
erosion-prone areas.
1. The
floodplain administrator shall require permits for proposed construction
and other development within all flood-related erosion-prone areas
as known to the community.
2. 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.
3. 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.
4. 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.
(Code 1980, § 19.12.050; Ord. No. 669, § 2, 2002; Ord. No. 757, §§ 1, 2, 2006; Ord. No. 866, § 2, 6-18-2014; Ord. No. 870 (Recodification), 2014)
A. Nature
of variances.
1. 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.
2. It
is the duty of the city council 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.
B. Appeal
board.
1. 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:
a. Danger that materials may be swept onto other lands to the injury
of others;
b. Danger of life and property due to flooding or erosion damage;
c. 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;
d. Importance of the services provided by the proposed facility to the
community;
e. Necessity to the facility of a waterfront location, where applicable;
f. Availability of alternative locations for the proposed use, which
are not subject to flooding or erosion damage;
g. Compatibility of the proposed use with existing and anticipated development;
h. Relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
i. Safety of access to the property in time of flood for ordinary and
emergency vehicles;
j. Expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters expected at the site; and
k. 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.
2. Any
applicant to whom a variance is granted shall be given written notice
over the signature of a community official that:
a. 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 $25.00 for $100.00 of insurance coverage;
and
b. 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
recorder and shall be recorded in a manner so that it appears in the
chain of title of the affected parcel of land.
3. 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 Insurance Administration,
Federal Emergency Management Agency.
C. Conditions
for variances.
1. 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
19.12.040 and
19.12.050 have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
2. Variances may be issued for the repair or rehabilitation of historic structures (as defined in section
19.12.020) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
3. Variances
shall not be issued within any mapped regulatory floodway if any increase
in flood levels during the base flood discharge would result.
4. Variances
shall only be issued upon a determination that the variance is the
minimum necessary considering the flood hazard, to afford relief.
The term "minimum necessary" means to afford relief with a minimum
of deviation from the requirements of this chapter. For example, in
the case of variances to an elevation requirement, this means the
city council need not grant permission for the applicant to build
at grade, or even to whatever elevation the applicant proposes, but
only to that elevation which the city council believes will both provide
relief and preserve the integrity of the local ordinance.
5. Variances
shall only be issued upon a:
a. Showing of good and sufficient cause;
b. Determination that failure to grant the variance would result in exceptional hardship (as defined in section
19.12.020) to the applicant; and
c. 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 (as defined in section
19.12.020. See Public safety and nuisance), cause fraud or victimization, as defined in section
19.12.020, of the public, or conflict with existing local laws or ordinances.
6. 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 C.1 through
5 of this section are satisfied and that the structure or other development
is protected by methods that minimize flood damages during the base
flood and does not result in additional threats to public safety and
does not create a public nuisance.
7. Upon
consideration of the factors of subsection (A)(3) of this section
and the purposes of this chapter, the city council may attach such
conditions to the granting of variances as it deems necessary to further
the purposes of this chapter.
(Code 1980, § 19.12.060; Ord. No. 669, § 2, 2002; Ord. No. 757, §§ 1, 2, 2006; Ord. No. 866, § 2, 6-18-2014; Ord. No. 870 (Recodification), 2014)