It is the purpose of this chapter to promote the health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas of the city by regulations 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 a special flood hazard area; and
H. 
Ensure that those who occupy special flood hazard areas assume responsibility for their actions.
(Ord. 1835 § 7, 2008)
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.
"Appeal"
means a request for a review of the floodplain administrator's interpretation of any provision of this chapter.
"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 elevation"
means the elevation shown on the Flood Insurance Rate Map for Zone AE that indicates the "water surface elevation" resulting from a base flood.
"Basement"
means any area of the building having its floor below ground level on all sides.
"Building"
means any structure.
"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.
"Flood" or "flooding"
means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; (3) mudslides (i.e., mudflows); or (4) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusual and unforeseeable event which results in flooding as defined in this definition.
"Flood Boundary and Floodway Map"
means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the special flood hazards areas 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 special flood hazards areas 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" or "flood-prone area"
means any land area susceptible to being inundated by water from any source (see definition of "flooding").
"Floodplain administrator"
means the 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, and floodplain management regulations.
"Floodplain management regulations"
means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading or erosion control ordinances) 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.
"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 the 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 of the Interior 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 the 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 with approved programs.
"Lowest floor"
means the lowest floor of the lowest enclosed area, including basement (see definition of "basement").
"Manufactured home"
means a structure, transportable in one or more sections, that 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."
"Manufactured home park or subdivision"
means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
"Market value"
means the market value of properties subject to this chapter as determined in accordance with the criteria developed by the floodplain administrator.
"New construction"
means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter, and includes any subsequent improvements to such structures.
"Recreational vehicle"
means a vehicle that is built on a single chassis, 400 square feet or less in length when measured at the largest horizontal projection, designed to be self propelled or permanently towable by a light duty truck, and designed primarily for use as temporary living quarters for recreational, camping, travel, or seasonal use.
"Riverine"
means relating to, formed by, or resembling a river, tributary, stream, brook, etc.
"Special flood hazard area"
means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on a Flood Boundary and Floodway Map or Flood Insurance Rate Map 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 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.
"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 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 amount of actual repair work performed. The term does not include:
A. 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and are the minimum necessary to assure safe living conditions; or
B. 
Any alteration of a "historic structure," unless such alteration would cause the structure to lose its designation as a "historic structure."
"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 of 1929, North American Vertical Datum 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.
(Ord. 1835 § 7, 2008)
The provisions of the chapter shall apply to all special flood hazard areas within the city of Upland as identified by the Federal Emergency Management Agency in the "Flood Insurance Study for San Bernardino County, California and Incorporated Areas," dated August 28, 2008, with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, dated August 28, 2008. The special flood hazard areas so identified constitute the minimum applicable area of this chapter and may be supplemented by studies for other areas that allow implementation of this chapter and that are recommended to the city council by the floodplain administrator. The "Flood Insurance Study for San Bernardino County, California and Incorporated Areas," dated August 28, 2008, the accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, dated August 28, 2008, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared a part of this chapter and shall be kept on file at the office of the city clerk, located at 460 North Euclid Avenue, Upland, California.
(Ord. 1835 § 7, 2008)
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter or any conditions or safeguards imposed pursuant to this chapter 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 of this chapter.
(Ord. 1835 § 7, 2008)
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 1835 § 7, 2008)
In the interpretation and application of this chapter, all provisions shall be:
A. 
Considered as minimum requirements;
B. 
Liberally construed in favor of the city; and
C. 
Deemed neither to limit nor repeal any other powers granted under state statues.
(Ord. 1835 § 7, 2008)
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside of special flood hazards areas 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 or by any officer or employee of the city of Upland, the State of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. 1835 § 7, 2008)
A development permit shall be obtained for all proposed construction or other development in the city so that it may be determined whether such construction or other development is within a special flood hazard area. No development within a special flood hazard area shall be allowed unless the applicant has obtained all necessary permits from those governmental agencies whose approval is required by federal, state, or local law.
(Ord. 1835 § 7, 2008)
No development will be permitted in any special flood hazard area in the city until such time that standards that meet appropriate NFIP requirements are adopted or a letter of map revision ("LOMR") is granted.
(Ord. 1835 § 7, 2008)
The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following:
A. 
Permit Review. Review all development permit applications to determine that:
1. 
Permit requirements of this chapter have been satisfied;
2. 
All other required state and federal permits have been obtained; and
3. 
The site is reasonably safe from flooding.
B. 
Review and Use of Other Base Flood Data. The floodplain administrator shall obtain, review, and reasonably utilize any base flood data available from a federal or state agency, or other source, for the purpose of ensuring compliance with this chapter.
C. 
Notification of Base Flood Elevation Changes. 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 an LOMR.
D. 
Notification of Alteration or Relocation of Watercourses. The floodplain administrator shall notify adjacent communities and the California Department of Water Resources prior to alteration or relocation of any watercourse within the city, and shall provide the Federal Emergency Management Agency with evidence of such notification and assurance that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
E. 
Notification of Boundary Changes. The floodplain administrator shall promptly notify the Federal Emergency Management Agency in writing whenever the boundaries of the city have been modified by annexation or other means. Such notice shall include a copy of a map of the community clearly delineating the new corporate limits.
F. 
Records and Certifications. The floodplain administrator shall keep and maintain all base flood elevations and certifications submitted to the city pursuant to this chapter.
G. 
Map Determinations. The floodplain administrator may determine the exact boundaries of special flood hazard areas wherever a mapped boundary conflicts with actual field conditions.
(Ord. 1835 § 7, 2008)
Appeals to requirements, decisions, or determinations made by the floodplain administrator shall be made to the city council in accordance with the established procedures for such appeals.
(Ord. 1835 § 7, 2008)
If a proposed building site is located in a special flood hazard area, the following standards must be met:
A. 
Anchoring. All new construction and substantial improvements of structures shall be designed or modified to 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 shall be constructed:
1. 
With materials and utility equipment resistant to flood damage;
2. 
Using methods and practices that minimize flood damage; and
3. 
With electrical, heating, ventilation, plumbing and air conditioning equipment and other services facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(Ord. 1835 § 7, 2008)
Any application for a subdivision or parcel map or for any other development in a special flood hazard area shall be reviewed to assure that:
A. 
The development project is consistent with the need to minimize flood damage within the special flood hazard area;
B. 
All public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and
C. 
Adequate drainage is provided to reduce exposure to flood hazards.
(Ord. 1835 § 7, 2008)
A. 
All new and replacement water supply and sanitary sewage systems in a special flood hazard area shall be designed to minimize or eliminate both infiltration of flood waters into the systems and discharge from the systems into flood waters.
B. 
On-site waste disposal systems in special flood hazard areas shall be located to avoid impairment to them, or contamination from them during flooding.
(Ord. 1835 § 7, 2008)
A. 
Variances from the requirements of this chapter may only be granted pursuant to the terms of this section and shall not relieve any person or property owner of any duty to comply with any other applicable provision of law.
B. 
Notwithstanding any other provision of this chapter, a variance shall not be granted for development in or encroachment onto any designated regulatory floodway if any increase in flood levels during the base flood would occur as a result.
C. 
Variances from the requirements of this chapter may be granted for new construction, substantial improvements, or other proposed new developments to be erected on a lot of one-half acre or less in size that is contiguous to and surrounded by lots with existing structures constructed below the base flood level. Such a variance shall be granted if the following findings are made:
1. 
There is good and sufficient cause for granting the variance;
2. 
Failure to grant the variance would result in exceptional hardship to the applicant;
3. 
The variance is the minimum deviation from the requirements of this chapter that is necessary to afford relief considering the flood hazard; and
4. 
Granting the variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense; create a nuisance; cause a fraud on or victimization of the public; or conflict with existing local laws or ordinances.
D. 
Variances shall be granted for the repair or rehabilitation of historic structures only upon a finding that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum deviation from the requirements of this chapter that is necessary to preserve the historic character and design of the structure.
E. 
The floodplain administrator shall notify all applicants for a variance in writing that construction below the base flood level increases risks to life and property and that the issuance of a variance to construct a structure below the base flood level will result in increases in flood insurance premiums as high as $25.00 for every $100.00 of insurance coverage.
(Ord. 1835 § 7, 2008)