The Legislature of the State of California has in Government
Code Sections 65302, 65560, and 65800 conferred upon local governments
the authority to adopt regulations designed to promote the public
health, safety and general welfare of its citizenry. Therefore, the
City Council of the City of Desert Hot Springs does hereby adopt the
following floodplain management regulations.
(Prior code § 152.01)
It is the purpose of this chapter to promote the public health,
safety and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by legally enforceable regulations
applied uniformly throughout the community to all publicly and privately
owned land within flood prone, mudslide (i.e., mudflow) or flood related
erosion areas. These regulations are designed to:
A. Protect
human life and health;
B. Minimize
expenditure of public money for costly flood control projects;
C. Minimize
the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
D. Minimize
prolonged business interruptions;
E. Minimize
damage to public facilities and utilities such as water and gas mains;
electric, telephone and sewer lines; and streets and bridges located
in areas of special flood hazard;
F. Help
maintain a stable tax base by providing for the sound use and development
of areas of special flood hazard so as to minimize future blighted
areas caused by flood damage;
G. Ensure
that potential buyers are notified that property is in an area of
special flood hazard; and
H. Ensure
that those who occupy the areas of special flood hazard assume responsibility
for their actions.
(Prior code § 152.03)
In order to accomplish its purposes, this chapter includes regulations
to:
A. Restrict
or prohibit uses which are dangerous to health, safety, and property
due to water or erosion hazards, or which result in damaging increases
in erosion or flood heights or velocities;
B. Require
that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
C. Control
the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
D. Control
filling, grading, dredging, and other development which may increase
flood damage;
E. Prevent
or regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards in other areas.
(Prior code § 152.04)
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter its most reasonable
application.
“A zone”
—See “Special flood hazard area.”
“Accessory structure”
means a structure that is either:
1.
Solely for the parking of no more than two cars; or
2.
A small, low cost shed for limited storage, less than 150 square
feet and $1,500 in value.
“Accessory use”
means a use which 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 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.
“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.
“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”).
Base flood is the term used throughout this chapter.
“Base flood elevation” (BFE)
means the elevation shown on the Flood Insurance Rate Map
for Zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface
elevation resulting from a flood that has a one percent or greater
chance of being equaled or exceeded in any given year.
“Basement”
means any area of the building having its floor subgrade—i.e.,
below ground level on all sides.
“Development”
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.
“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) was completed before December 18,
1987.
“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:
1.
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
2.
The condition resulting from 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 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.
“Floodplain Administrator”
is the community official designated by title to administer
and enforce the 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. This term 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. For guidelines on dry and
wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93,
and TB 7-93.
“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”
is that area of the floodplain on either side of the “regulatory
floodway” where encroachment may be permitted.
“Fraud and victimization”
as related to Article IV of this chapter, means that the
variance granted must not cause fraud on or victimization of the public.
In examining this requirement, the City Council will consider the
fact that every newly constructed building adds to government responsibilities
and remains a part of the community for 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 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.
“Governing body”
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.
“Hardship”
as related to Article IV 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:
1.
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;
2.
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;
3.
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
4.
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 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.
“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” definition).
1.
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:
c.
The construction materials and methods standards in Section
15.68.160(B); and
2.
For residential structures, all subgrade enclosed areas are
prohibited as they are considered to be basements (see “Basement”
definition). This prohibition includes below-grade garages and storage
areas.
“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.
1.
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.
2.
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.
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“Mean sea level”
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.
“New construction,”
for floodplain management purposes, means structures for
which the start of construction commenced on or after, 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 December
18, 1987.
“Obstruction”
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.
“Program deficiency”
means a defect in a community’s floodplain management
regulations or administrative procedures that impairs effective implementation
of those floodplain management regulations.
“Public safety and nuisance”
as related to Article IV of this chapter, means that the
granting of a variance must not result in anything which is injurious
to safety or health of an entire community or neighborhood, or any
considerable number of persons, or unlawfully obstructs the free passage
or use, in the customary manner, of any navigable lake, or river,
bay, stream, canal or basin.
“Recreational vehicle”
means a vehicle which is:
1.
Built on a single chassis;
2.
Four hundred square feet or less when measured at the largest
horizontal projection;
3.
Designed to be self propelled or permanently towable by a light
duty truck; and
4.
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 this 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.
“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, or, AH.
“Start of construction”
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:
1.
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; or
2.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such event, on the average, equals or exceeds 25
percent of the market value of the structure before the damage occurred.
This is also known as “repetitive loss.”
“Substantial improvement”
means any reconstruction, rehabilitation, addition, or other
improvement 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. This term includes structures
which have incurred “substantial damage,” regardless of
the actual repair work performed. The term does not, however, include
either:
1.
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
2.
Any alteration of a “historic structure,” provided
that the alteration will not preclude the structure’s continued
designation as a “historic structure.”
“Variance”
means a grant of relief from the requirements of this chapter
which permits construction in a manner that would otherwise be prohibited
by this chapter.
“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, 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.
“Watercourse”
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.
(Prior code § 152.05)
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the City of Desert Hot Springs.
(Prior code § 152.06)
The areas of special flood hazard identified by the Federal
Emergency Management Agency (FEMA) in the “Flood Insurance Study
(FIS) for the City of Desert Hot Springs, California” dated
September 30, 1988, with accompanying Flood Insurance Rate Maps (FIRMs)
and Flood Boundary and Floodway Maps (FBFMs), dated September 30,
1988, and all subsequent amendments and/or revisions, are hereby adopted
by reference and declared to be a part of this chapter. This FIS and
attendant mapping is the minimum area of applicability of this chapter
and may be supplemented by studies for other areas which allow implementation
of this chapter and which are recommended to the City Council by the
Floodplain Administrator. The study, FIRMs and FBFMs are on file in
the office of the City Clerk.
(Prior code § 152.07)
No structure or land shall hereafter be constructed, located,
extended, converted or altered without full compliance with the terms
of this chapter and other applicable regulations. Violation of the
requirements (including violations of conditions and safeguards) shall
constitute a misdemeanor. Nothing herein shall prevent the City Council
from taking such lawful action as is necessary to prevent or remedy
any violation.
(Prior code § 152.08)
This chapter is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However, where
this chapter and another chapter, easement, covenant, or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
(Prior code § 152.09)
In the interpretation and application of this chapter, all provisions
shall be:
A. Considered
as minimum requirements;
B. Liberally
construed in favor of the governing body; and
C. Deemed
neither to limit nor repeal any other powers granted under state statutes.
(Prior code § 152.10)
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This chapter does not imply that land outside the areas of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability
on the part of the City 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 chapter or
any administrative decision lawfully made hereunder.
(Prior code § 152.11)