It is the purpose and intent of the city council through the
urgency adoption of the ordinance codified in 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:
A.
To
protect human life and health;
B.
To
minimize expenditure of public money for costly flood control projects;
C.
To
minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
D.
To
minimize prolonged business interruptions;
E.
To
minimize damage to public facilities and utilities such as water and
gas mains, electric, telephone and sewer lines, streets and bridges
located in areas of special flood hazards;
F.
To
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
flood blight areas;
G.
To
insure that potential buyers are notified that property is in an area
of special flood hazard; and
H.
To
insure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
(Ord. 273, 1997; Ord. 360 § 1, 2007)
In order to accomplish its purposes, this chapter includes methods
and provisions for:
A.
Restricting
or prohibiting 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.
Requiring
that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
C.
Controlling
the alteration of natural floodplains, stream channels and natural
protective barriers, which help accommodate or channel floodwaters;
D.
Controlling
fill, grading, dredging and other development which may increase flood
damage; and
E.
Preventing
or regulating the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards in other areas.
(Ord. 273, 1997; Ord. 360 § 1, 2007)
The following definitions shall apply in this chapter.
means a structure that is:
means a use which is incidental and subordinate to the principal
use of the parcel of land on which it is located.
means a geomorphologic feature characterized by a cone-shaped
or fan-shaped deposit of boulders, gravel and fine sediments that
have been eroded from mountain slopes, transported by flood flows,
and then deposited on the valley floors, and which is subject to flash
flooding, high velocity flows, debris flows, erosion, sediment movement
and deposition, and channel migration.
means 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.
means a request for a review of the floodplain administrator's
interpretation of any provision of this chapter or a request for a
variance.
See "Special flood hazard area (SFHA)."
means the placement of fill material within a specified depression,
hole or excavation pit below the surrounding adjacent ground level
as a means of improving floodwater conveyance or to restore the land
to the natural contours existing prior to excavation.
means the flood having a one percent chance of being equaled
or exceeded in any given year (also called the one-hundred-year flood").
means any area of the building having its floor sub-grade
(below ground level) on all sides.
See "Structure."
means the city of Lemon Grove.
means the elected governing and legislative body of the city.
means an integral and readily identifiable part of a flood
protection system, without which the flood protection provided by
the entire system would be compromised.
means the border on either a flood hazard boundary map or
flood insurance rate map that delineates the special flood, mudslide
(i.e., mudflow) and/or flood-related erosion hazard areas and consists
of a curved or contour line that follows the topography.
means any man-made change to improved or unimproved real
estate, including, but not limited to, building or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials.
means the advance or infringement of uses, plant growth,
fill, excavation, buildings, permanent structures or development into
a floodplain, which may impede or alter the flow capacity of a floodplain.
is the placement of fill material at a specified location
to bring the ground surface up to a desired elevation.
can be natural sand, dirt, soil or rock. For the purpose
of floodplain management, fill material may include concrete, cement,
soil cement, brick or similar material as approved on a case-by-case
basis.
means a determination by the administrator of the water surface
elevations of the base flood, that is, the flood level that has a
one percent or greater chance of occurrence in any given year.
means an examination, evaluation and determination of flood
hazards and, if appropriate, corresponding water surface elevations,
or an examination, evaluation and determination of mudslide (i.e.,
mudflow) and/or flood-related erosion hazards.
means (a) 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, and/or (3) mudslides
(i.e., mudflows) which are proximately caused by flooding as defined
in (a)(2) of this definition, and are akin to a river of liquid and
flowing mud on the surfaces of normally dry land areas, as when earth
is carried by a current of water and deposited along the path of the
current; and (b) 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 unusually high water level in a natural
body of water, accompanied by a severe storm, or by an unanticipated
force of nature, such as flash flood or an abnormal tidal surge, or
by some similarly unusual and unforeseeable event which results in
flooding as defined in (a)(1) of this definition.
means the official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated the areas
of flood hazards.
means the official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable
to the community.
means the official report provided by the Federal Insurance
Administration that includes flood profiles, the flood insurance rate
map, the flood boundary and floodway map, and the water surface elevation
of the base flood.
the individual appointed to administer and enforce the floodplain
management regulations shall be the city's public works director/city
engineer.
means any land area susceptible to being inundated by water
from any source (see definition of "flooding").
means the operation of an overall program of corrective and
preventive measures for reducing flood damage, including, but not
limited to, emergency preparedness plans, flood control works and
floodplain management regulations.
means zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances such as floodplain
management regulations.
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.
means those physical structural works for which funds have
been authorized, appropriated and expended and which have been constructed
specifically to modify flooding in order to reduce the extent of the
area within a community subject to a special flood hazard and the
extent of the depths of associated flooding. Such a system typically
includes hurricane tidal barriers, dams, reservoirs, levees or dikes.
These specialized flood-modifying works are those constructed to conform
with sound engineering standards.
means the lines marking the limits of floodways on federal,
state and local floodplain maps.
is the area of a floodplain on either side of the designated
floodway where encroachment may be permitted.
related to Section 15.50.070, Variance procedure, of this chapter means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the planning commission will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
means a factor of safety usually expressed in feet above
a flood level for purposes of floodplain management. "Freeboard" tends
to compensate for the many unknown factors that could contribute to
flood heights greater than the height calculated for a selected size
flood and floodway conditions, such as wave action, bridge openings
and the hydrological effect of urbanization of the watershed.
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 shipbuilding
and ship repair facilities, but does not include long-term storage
or related manufacturing facilities.
as related to Section 15.50.070, Variance procedure, of this chapter means the hardship that would result from a failure to grant the requested variance. The planning commission 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 exceptional hardships. All of these problems can be resolved through other means, without granting a variance. This is so even if the alternative means are more expensive or complicated than building with a variance, or if they require the property owner to put the parcel to a different use than originally intended, or to build elsewhere.
means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
means any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of 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 a permitted location for the disposal, placement or
dumping of garbage, trash, debris, junk or waste material.
means a man-made structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering practices
to contain, control or divert the flow of water so as to provide protection
from temporary flooding.
means a flood protection system which consists of a levee,
or levees, and associated structures, such as closure and drainage
devices, which are constructed and operated in accord with sound engineering
practices.
means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood-resistant enclosure, 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, that such enclosure is not built so as to render the structure
in violation of the applicable nonelevation design requirements of
this chapter. (Note: This definition allows attached garages to be
built at grade. Below-grade garages are not allowed as they are considered
to be basements.)
means the flood hazard boundary map (FHBM) or the flood insurance
rate map (FIRM) for a community issued by the Flood Insurance Administration,
Federal Emergency Management Agency.
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.
related to Section 15.50.070, Variance procedure, of this chapter means the minimum necessary to afford relief to the applicant of a variance with a minimum deviation from the requirements of this chapter. In the case of variances to an elevation requirement, this means the planning commission need not grant permission for the applicant to build at grade, for example, or even to whatever elevation the applicant proposes, but only that level that the commission believes will both provide relief and preserve the integrity of the local ordinance.
(i.e., mudflow) 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.
means an area with land surfaces and slopes of unconsolidated
material where the history, geology and climate indicate a potential
for mudflow.
for floodplain management purposes, means structures for
which the "start construction" commenced on or after the effective
date of a floodplain management regulation adopted by a community
and includes any subsequent improvements to such structures.
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.
means a flood which has a one percent annual probability
of being equaled or exceeded. It is identical to the base flood, which
will be the term used throughout this chapter.
means the land use decision-making body appointed by the
city council.
means a structure used for the principal use of the property
as distinguished from an accessory use.
as related to Section 15.50.070, Variance procedure, of this chapter means the granting of a variance must not result in additional threats to public safety or create nuisances. This chapter is intended to help protect the health, safety, well-being and property of the local citizens. This is a long-range community effort made up of a combination of approaches such as adequate drainage systems, warning and evacuation plans, and keeping new property above flood levels. These long-term goals can only be met if exceptions to the requirements of this chapter are kept to a bare minimum.
means the channel of a river or other watercourse and the
adjacent land area that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than a designated height.
means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc. "Special flood hazard area (SFHA)"
means an area having special flood hazards, and shown on an FHBM or
FIRM as Zone A, A1-A30, AE or A99.
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 one hundred eighty 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.
means a walled and roofed building, including a gas or liquid
storage tank, that is principally above ground, as well as 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 fifty percent of the market value of the structure
before the damage occurred.
means any reconstruction, rehabilitation, addition or other
proposed new development of a structure, the cost of which equals
or exceeds fifty 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.
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.
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 (NGVD) of 1929, (or other datum, where specified) of flood 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. Watercourse includes specifically designated areas in
which substantial flood damage may occur.
(Ord. 273, 1997; Ord. 360 § 1, 2007)
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) dated March 16, 1988, and the flood insurance rate map
(FIRM), dated March 16, 1988, and all subsequent amendments and/or
revisions, are adopted by reference and declared to be a part of this
chapter. This flood insurance study (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 flood administrator.
The study and flood insurance rate maps (FIRMs) are on file at Lemon
Grove City Hall, Office of the Public Works Director/City Engineer
3232 Main Street, Lemon Grove, California 91945.
C.
Compliance.
No structure or land shall hereafter be constructed, located, extended,
converted or altered without full compliance with the term 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
herein shall prevent the city 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 chapter, easement, covenant
or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
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 consideration. 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, any officer or
employee thereof, 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
thereunder.
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.
(Ord. 273, 1997; Ord. 360 § 1, 2007)
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 15.50.040(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.
Proposed
elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures;
2.
Proposed
elevation in relation to mean sea level to which any structure will
be flood-proof;
4.
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 public works director/city engineer
is appointed to administer, implement and enforce this chapter by
granting or denying development permits in accord 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:
1.
Permit
Review.
a.
Review all development permits to determine that the 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;
e.
All letters of map revision (LOMRs) for flood control projects are
approved prior to the issuance of building permits. Building permits
must not be issued based on conditional letters of map revision (CLOMRs).
Approved CLOMRs allow construction of the proposed flood control project
and land preparation as specified in the "start of construction" definition.
2.
Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.50.040(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 15.50.060. Any such information shall be submitted to the city council for adoption;
3.
Whenever
a watercourse is to be altered or relocated:
a.
Notify adjacent communities and the California Department of Water
Resources prior to such alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Insurance
Administration, Federal Emergency Management Agency,
b.
Require that the flood-carrying capacity of the altered or relocated
portion of such watercourse is maintained;
4.
Obtain
and maintain for public inspection and make available as needed:
a.
The certification required by Section 15.50.060(A)(3)(a) (floor elevation),
b.
The certification required by Section 15.50.060(A)(3)(b)(iii) (elevation
or floodproofing of nonresidential structures),
c.
The certification required by Section 15.50.060(A)(3)(c)(i) or 15.50.060(A)(3)(c)(ii)
(wet floodproofing standard),
d.
The certification of elevation required by Section 15.50.060(C) (subdivision standards),
e.
The certification required by Section 15.50.060(D)(1)(a)(floodway
encroachments);
5.
Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 15.50.070(B);
6.
Take action to remedy violations of this chapter as specified in Section 15.50.040(C) of this chapter.
7.
Base
flood elevation changes due to physical alterations:
a.
The floodplain administrator shall submit or assure that the permit
applicant submits technical or scientific data to FEMA for a letter
of map revision (LOMR) within six months of information becoming available
or upon project completion, whichever occurs first.
b.
The floodplain administrator shall require that all LOMRs for flood
control projects are approved prior to the issuance of building permits.
Building permits shall not be issued based on conditional letters
of map revision (CLOMRs). Approved CLOMRs allow construction of the
proposed flood control project and land preparation as specified in
the "start of construction" definition. Such submissions are necessary
so that upon confirmation of those physical changes affecting flooding
conditions, risk premium rates and floodplain management requirements
are based on current data.
(Ord. 273, 1997; Ord. 360 § 1, 2007)
A.
Standards
of Construction. In all areas of special flood hazards the following
standards are required:
1.
Anchoring.
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.
2.
Construction
Materials and Methods.
a.
All new construction and substantial improvement shall be constructed
with materials and utility equipment resistant to flood damage.
b.
All new construction and substantial improvement shall be constructed
using methods and practices that minimize flood damage.
c.
All new construction and substantial improvement shall be constructed
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.
3.
Elevation
and Flood-proofing.
a.
New construction and substantial improvement shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in subsection (A)(3)(c) of this section. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, or verified by the city's building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.
b.
Nonresidential construction shall either be elevated to conform with subsection (A)(3)(a) of this section, or together with attendant utility and sanitary facilities:
i.
Be flood-proofed so that below the base flood level 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 are satisfied. Such certification
shall be provided to the floodplain administrator.
c.
Require, for all new construction and substantial improvement that
fully enclosed areas below the lowest floor that are usable solely
for parking of vehicles, building access or storage in an area other
than a basement, and which are subject to flooding shall be designed
to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwater. Designs for meeting
this requirement must either be certified by a registered professional
engineer or architect, or meet or exceed the following minimum criteria:
i.
Either 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 shall be provided. 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 to comply with a local flood-proofing standard approved
by the Federal Insurance Administration, Federal Emergency Management
Agency.
4.
Garages
and Low Cost Accessory Structures.
a.
Attached garages and small, low cost accessory structures:
i.
A garage attached to a residential structure, constructed with the
garage floor slab below the BFE, must be designed to allow for the
automatic entry of flood waters. Areas of the garage below the FFE
must be constructed with flood resistant materials.
ii.
A garage attached to a nonresidential structure must meet the above
requirements or be dry floodproofed. For guidance on below grade parking
areas, see FEMA Technical Bulletin TB-6.
b.
Detached Garages and Accessory Structures.
i.
Accessory structures used solely
for parking (two-car detached garages or smaller) and limited storage
or that its floor is below the base flood elevation (BFE), provided
the structure is designed and constructed in accordance with the following
requirements:
a.
Use of accessory structure(s) must be limited to parking or limited
storage;
b.
The portions of the accessory structure located below the BFE must
be built using flood-resistant materials;
c.
The accessory structure must be adequately anchored to prevent floatation,
collapse and lateral movement;
d.
Any mechanical and utility equipment in the accessory structure must
be elevated above the BFE or flood-proofed;
e.
The accessory structure must comply with the floodplain encroachment provisions in Section 15.50.060; and
f.
The accessory structure must be designed to allow for the automatic
entry of flood waters in accordance with Section 15.50.060(A)(4)(a)(i).
ii.
Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 15.50.060A.
B.
Standards
for Utilities.
1.
All
new and replacement water supply and sanitary sewage systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system and discharge from 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 flood hazard
area and the elevation of the base flood.
2.
All
subdivision plans shall provide the elevation of proposed structure(s)
and pad(s). If the site is filled above the base flood elevation,
the final first 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.
Floodway.
1.
Located within areas of special flood hazard established in Section 15.50.040(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:
a.
Prohibit encroachments, including fill, new construction, substantial
improvement, and other new development unless certification by a registered
professional engineer or architect is provided demonstrating that
encroachment shall not result in any increase in flood levels during
the occurrence of the base flood discharge.
b.
If Section 15.50.060(D)(1)(a) 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.
(Ord. 273, 1997; Ord. 360 § 1, 2007)
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. Though these standards vary from jurisdiction
to jurisdiction, in general, a properly issued variance is 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 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 this chapter
are quite rare. 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.
Appeals
Board.
1.
The
planning commission shall hear and decide appeals and requests for
variances from the requirements of this chapter.
2.
The
planning commission 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.
3.
In
passing upon such applications, the planning commission shall consider
all technical evaluations, all relevant factors, standards specified
in other sections of this chapter, and:
a.
The danger that materials may be swept onto other lands to the injury
of others;
b.
The danger of life and property due to flooding or erosion damage;
c.
The 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.
The importance of the services provided by the proposed facility
to the community;
e.
The necessity to the facility of a waterfront location, where applicable;
f.
The availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
g.
The compatibility of the proposed use with existing and anticipated
development;
h.
The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
i.
The safety of access to the property in time of flood for ordinary
and emergency vehicles;
j.
The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters expected at the site; and
k.
The 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 systems, and streets
and bridges.
4.
Any applicant to whom a variance
is granted shall be given written notice over the signature of a community
official that:
i.
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 twenty-five dollars for one hundred dollars
of insurance coverage; and
ii.
Such construction below the base flood level increases risks to life
and property.
A copy of the notice shall be recorded in the office of the
San Diego County Recorder and shall be recorded in a manner so that
it appears in the chain of title of the affected parcel of land.
5.
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 15.50.050 and 15.50.060 of this chapter 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 15.50.030 of this chapter) 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 designated 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 (as defined in Section 15.50.030 of this chapter), considering the flood hazard, to afford relief.
5.
Variances shall only be issued
upon:
i.
A showing of good and sufficient cause;
ii.
A determination that failure to grant the variance would result in exceptional hardship (as defined in Section 15.50.030 of this chapter) to the applicant; and
iii.
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances (as defined in Section 15.50.030 of this chapter), cause fraud or victimization (as defined in Section 15.50.030 of this chapter) 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 (C)(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 create no additional threats to public safety.
(Ord. 273, 1997; Ord. 360 § 1, 2007)
