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.
means a request for a review of the floodplain administrator's
interpretation of any provision of this chapter.
means a flood which has a one percent chance of being equaled
or exceeded in any given year (also called the "100-year flood").
means the elevation shown on the Flood Insurance Rate Map
for Zone AE that indicates the "water surface elevation" resulting
from a base flood.
means any area of the building having its floor below ground
level on all sides.
means any structure.
means any man-made change to improved or unimproved real
estate, including, but not limited to, buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials.
means 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.
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.
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."
means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate
Map, the Flood Boundary and Floodway Map, and the "water surface elevation"
of the base flood.
means any land area susceptible to being inundated by water
from any source (see definition of "flooding").
means the official designated by title to administer and
enforce the floodplain management regulations.
means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing,
where possible, natural resources in the floodplain, including, but
not limited to, emergency preparedness plans, flood control works,
and 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.
means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents. For guidelines on dry
and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93,
and TB 7-93.
means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than one foot.
means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
means any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
of the Interior to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program as determined by the
Secretary of the Interior or directly by the Secretary of the Interior
in states with approved programs.
means the lowest floor of the lowest enclosed area, including
basement (see definition of "basement").
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."
means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
means the market value of properties subject to this chapter
as determined in accordance with the criteria developed by the floodplain
administrator.
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.
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.
means relating to, formed by, or resembling a river, tributary,
stream, brook, etc.
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.
includes substantial improvement and other proposed new development
and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufacture home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
means a walled and roofed building that is principally above
ground; this includes a gas or liquid storage tank or a manufactured
home.
means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition
would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50
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:
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
Any alteration of a "historic structure," unless such alteration
would cause the structure to lose its designation as a "historic structure."
means the failure of a structure or other development to
be fully compliant with this chapter. A structure or other development
without the elevation certificate, other certifications, or other
evidence of compliance required in this chapter is presumed to be
in violation until such time as that documentation is provided.
means the height, in relation to the National Geodetic Vertical
Datum 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.
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 public works director, or his or her designee, is hereby
appointed to administer, implement, and enforce this chapter by granting
or denying development permits in accord with its provisions.
(Ord. 1835 § 7, 2008)
The duties and responsibilities of the floodplain administrator
shall include, but not be limited to the following:
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)
