Article 3 FLOODPLAIN SAFETY (FP) OVERLAY DISTRICT

Authority. This Article is adopted pursuant to the City's police power under Cal. Const. art. XI, § 7; the National Flood Insurance Program (NFIP) regulations in 44 C.F.R. Parts 59, 60, and 65; and the City's land-use and building-regulation authority under California law, including Gov't Code §§ 65302 (general plan safety element, flood hazards), 65560 (open-space/flood protection), 65800 & 65850 (zoning regulations), 65906 (variances), and the Subdivision Map Act, §§ 66410 et seq.; and Health & Safety Code §§ 17958, 18938(b), and 18941.5 (adoption and enforcement of the California Building Standards Code, including Appendix G).

"Design Flood/Design Flood Elevation (DF/DFE)"

Findings. FEMA has issued updated Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) for San Bernardino County and incorporated areas with an effective date of October 30, 2025. To avoid NFIP suspension and associated federal prohibitions, the City must have floodplain regulations meeting 44 C.F.R. Part 60 in effect by that date. This Article repeals and replaces prior Article 2 to implement NFIP minimums.

(Ord. 468 § 1, 2025)

§ 85.020303 Definitions.

Unless specifically defined here, words or phrases used in this Article shall be interpreted to give them their common meaning and to effectuate the purposes of this Article and the NFIP. Selected definitions (non-exclusive) include:

"Base Flood"

means the flood having a one-percent chance of being equaled or exceeded in any given year (100-year flood).

"Basement"

means any area of a building having its floor subgrade on all sides.

"Building Code"

means the California Building Standards Code (current edition as adopted by the City), including Appendix G (Flood-Resistant Construction).

means the flood and corresponding elevation adopted for design and enforcement purposes by this Article and the Building Code (at least the Base Flood Elevation (BFE) plus any required freeboard).

"Development"

means any man-made change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, placement of manufactured homes, or storage of equipment or materials.

"Encroachment"

means any advance or infringement of fill, excavation, structures, development, or vegetation into a floodplain that may alter flow capacity.

"Flood or Flooding"

means: (1) a general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waters; unusual and rapid accumulation or runoff of surface waters; and mudflows; and/or (2) flood-related erosion.

"Flood Insurance Rate Map (FIRM)"

means the official map on which FEMA has delineated areas of special flood hazard and risk premium zones.

"Flood Insurance Study (FIS)"

means the official report provided by FEMA that includes flood profiles, the FIRM, and the water surface elevations of the base flood.

"Floodway (Regulatory Floodway)"

means the channel of a watercourse and adjacent lands that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

"Floodplain Administrator (FPA)"

means the City Engineer, or designee, charged with administering this Article.

"Highest Adjacent Grade"

means the highest natural ground elevation next to a proposed structure before construction.

"Historic Structure"

has the meaning used in NFIP regulations.

"Letter of Map Change (LOMC)"

includes Letter of Map Amendment (LOMA), Letter of Map Revision (LOMR), and related FEMA determinations.

"Lowest Floor"

means the lowest floor of the lowest enclosed area, including basement; an enclosure used solely for parking, access, or storage that meets the flood-opening and non-conversion standards is not the lowest floor.

"Manufactured Home"

means a structure transportable in one or more sections, built on a permanent chassis, designed for use with or without a permanent foundation when connected to utilities; the term does not include a Recreational Vehicle.

"Manufactured Home Park or Subdivision"

means a parcel (or contiguous parcels) divided into two or more manufactured home lots for rent or sale.

"Recreational Vehicle (RV)"

means a vehicle: (1) built on a single chassis; (2) 400 square feet or less at the largest horizontal projection; (3) self-propelled or towable by a light-duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters.

"Special Flood Hazard Area (SFHA)"

means land in the floodplain subject to a one-percent or greater chance of flooding in any year, shown on FIRMs as Zone A, AO, AE, A1-A30, AH, A99, V, VE, or V1-V30.

"Start of Construction"

means the date the building permit is issued, provided the actual start of construction or improvement is within 180 days of permit issuance. "Actual start" includes the first placement of permanent construction (e.g., slab or footings, piles, columns), or for substantial improvement, the first alteration of a load-bearing member; it does not include land preparation, grading, installation of streets or walkways, excavation for footings or foundations, or erection of temporary forms.

"Structure"

means a walled and roofed building that is principally above ground; includes gas or liquid storage tanks and manufactured homes.

"Substantial Damage"

means damage of any origin whereby the cost to restore a structure to its pre-damage condition equals or exceeds 50 percent of the pre-damage market value.

"Substantial Improvement"

means any reconstruction, rehabilitation, addition, or other improvement of a structure where the cost equals or exceeds 50 percent of the pre-improvement market value; includes structures that have incurred Substantial Damage. Exceptions include work to correct code violations necessary for safe occupancy and alterations to Historic Structures that preserve their historic designation.

"Variance"

means a grant of relief from the strict application of the requirements of this Article consistent with 44 C.F.R. § 60.6.

"Violation"

means a development that is not fully compliant with this Article. A structure or development lacking required certifications or documentation is presumed to be in violation until such documentation is provided.

"Watercourse"

means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature where waters flow at least periodically.

(Ord. 468 § 1, 2025)

§ 85.020305 Applicability; adoption of FIS/FIRMs; map repository.

Applicability. This Article applies to all lands within the City located in SFHAs identified on the effective FIRMs and to areas where the Floodplain Administrator determines flood hazards exist.

Adoption by reference. The areas of special flood hazard identified by FEMA in the Flood Insurance Study and Flood Insurance Rate Maps for San Bernardino County and Incorporated Areas, effective October 30, 2025, together with all subsequent revisions and amendments, are adopted by reference and declared to be part of this Article.

§ 85.020310 Floodplain Administrator; duties.

Map repository. The FIS and FIRMs are on file and available for public inspection in the office of the Floodplain Administrator.

(Ord. 468 § 1, 2025)

Designation. The City Engineer is designated as the Floodplain Administrator (FPA), and may delegate duties to qualified staff.

Duties. The FPA shall:.

Administer and enforce this Article and coordinate with the Building Official to ensure consistency with CBSC/Appendix G;

Review, approve, condition, or deny floodplain development permits;

Make floodplain determinations; use FIRMs/FIS; require and maintain Elevation Certificates and Floodproofing Certificates;

Maintain records of permits, determinations, variances, and certifications permanently;

(5)

Areas without established BFEs or floodways (Zone A). When FIRMs identify Zone A without Base Flood Elevations (BFEs) or floodway data, the Floodplain Administrator shall:

Obtain, review, and reasonably utilize any BFE and floodway data available from Federal, State, or other sources as permit criteria; and

Require applicants to submit hydrologic and hydraulic analyses that are prepared, signed, and sealed by a registered professional engineer using accepted methods and models to determine BFEs, depths/velocities, and, where appropriate, floodway limits when suitable data are unavailable or insufficient; and

(C)

Apply such data to require that: (i) residential structures are elevated to or above the determined BFE (or DFE, if higher); and (ii) nonresidential structures are elevated or dry-floodproofed to or above the determined BFE/DFE in accordance with CBSC/Appendix G and ASCE 24 (current edition as adopted).

(6)

Provide notices of watercourse alteration to adjacent communities and agencies as required;

(7)

Submit new technical or scientific data to FEMA within six (6) months when BFEs or flood hazard data change (see § 85.020350); and

(8)

Perform other acts necessary to implement the NFIP and this Article.

(Ord. 468 § 1, 2025)

§ 85.020315 General provisions.

Compliance. No structure or land shall be developed, constructed, located, extended, converted, or altered without full compliance with this Article, the Building Code, and other applicable regulations.

Permit required. Development in SFHAs requires a floodplain development permit under § 85.020320.

Interpretation. All provisions are minimum requirements, shall be liberally construed to effectuate the purposes of this Article and the NFIP, and shall not limit other lawful City powers.

§ 85.020320 Floodplain development permits; submittals; records.

Abrogation and greater restrictions. This Article is not intended to repeal easements, covenants, or deed restrictions; however, where conflicts occur, the more restrictive standard governs.

(e)

Implementation. Requirements of this Article shall be integrated into the review of land use applications and development permits.

(Ord. 468 § 1, 2025)

Permit requirement. A floodplain development permit is required before any development in an SFHA, including placement of manufactured homes.

Submittals. The FPA may require site plans; grading and drainage plans; BFEs; proposed lowest floor elevations; foundation designs; utility protection details; flood opening details; certifications; and, where needed, hydrologic/hydraulic analyses sealed by a registered professional engineer.

Certifications.

Elevation Certificates for new construction and substantial improvements;

Floodproofing Certificates for dry-floodproofed nonresidential structures;

Certifications for openings and engineered enclosures;

Manufactured home foundation/anchoring certifications.

§ 85.020325 Development standards in special flood hazard areas.

Records. In coordination with the City Clerk, the FPA shall maintain all permits and certifications as public records.

(e)

Other permits required. No floodplain development permit shall be issued until the applicant demonstrates that all other required State and Federal permits have been obtained for the proposed development.

(f)

Permit approval criteria (reasonably safe from flooding). In reviewing floodplain development permits, the FPA shall assure that proposed sites are reasonably safe from flooding and shall require, for all new construction and substantial improvements in flood-prone areas, the use of methods and practices that minimize flood damage, including but not limited to anchoring, use of flood-damage-resistant materials, and the design and/or location of utilities and service equipment to prevent water from entering or accumulating within components during conditions of flooding, consistent with 44 C.F.R. § 60.3(a)(3) and applicable CBSC/Appendix G and ASCE 24 ( current edition as adopted).

(Ord. 468 § 1, 2025)

All new construction and substantial improvements in SFHAs shall meet or exceed the standards below (NFIP minimums) and applicable CBSC/Appendix G and ASCE 24 (current edition as adopted). Where standards conflict, the more restrictive applies.

Standards of construction.

Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement due to hydrostatic and hydrodynamic loads and buoyancy.

Materials and methods. All new construction and substantial improvements shall:

Be constructed with flood-damage-resistant materials and by methods and practices that minimize flood damage;

Have electrical, heating, ventilation, air-conditioning, plumbing, gas, communications, and other service facilities/equipment designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding, consistent with CBSC/ Appendix G and ASCE 24 (current edition as adopted); and

(C)

On sloping sites, provide adequate drainage paths around structures to guide floodwaters away from buildings.

Fill. Where fill is used to elevate building pads, demonstrate compaction and protection against erosion, scour, and differential settlement, consistent with accepted engineering standards and any FPA conditions.

Elevation and floodproofing.

Residential construction. The lowest floor (including basement) shall be elevated to at least:

The BFE plus the required elevation in accordance with CBSC/Appendix G and ASCE 24 (current edition as adopted); or

The Design Flood Elevation (DFE), whichever is higher.

Nonresidential construction. Either elevate the lowest floor as in (b)(1) or dry-floodproof the structure to at least the required elevation in accordance with CBSC/Appendix G and ASCE 24 (current edition as adopted). Floodproofing designs must be certified by a registered professional engineer or architect.

Enclosures below the lowest floor. Limited to parking, building access, or storage; must include compliant flood openings; must be constructed of flood-damage-resistant materials; and shall not be finished or converted to habitable space.

AO Zones.

Residential elevation. The lowest floor (including basement) shall be elevated above the highest adjacent grade by at least the depth shown on the FIRM plus one (1) foot; if no depth is specified, the lowest floor shall be elevated not less than three (3) feet above the highest adjacent grade.

Nonresidential elevation or dry floodproofing. The lowest floor shall be (i) elevated to the same elevation required by subsection A, or (ii) dry-floodproofed to a DFE equal to the depth shown on the FIRM plus one (1) foot, or three (3) feet above highest adjacent grade if no depth is specified, in accordance with CBSC/Appendix G and ASCE 24 (current edition as adopted), with certification by a registered professional engineer or architect.

(5)

Utilities, water supply, sanitary sewer, and on-site waste disposal.

Water supply systems. Within SFHAs, new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems.

Sanitary sewer systems. Within SFHAs, new and replacement sanitary sewage systems shall be designed to minimize or eliminate (i) infiltration of floodwaters into the systems and (ii) discharges from the systems into floodwaters.

(C)

On-site waste disposal systems. Within SFHAs, on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

Manufactured homes and recreational vehicles.

Manufactured homes. New or replacement manufactured homes shall be elevated on permanent foundations and securely anchored to resist flotation, collapse, and lateral movement; the lowest floor shall meet the elevation requirements of subsection (b).

Recreational vehicles (RVs). In SFHAs, RVs shall be: (i) on site for fewer than 180 consecutive days, or (ii) fully licensed and highway-ready, or (iii) elevated and anchored to the same standards as manufactured homes.

§ 85.020330 Floodways; watercourse alteration; subdivisions.

Subdivision proposals and large developments. Proposals for 50 or more lots or 5 or more acres (whichever is less) shall include BFEs where not provided and shall be consistent with the need to minimize flood damage; public utilities and facilities shall be located and constructed to minimize flood damage; adequate drainage shall be provided.

(Ord. 468 § 1, 2025)

Regulatory floodways. Encroachments, including fill, new construction, substantial improvements, and other development within a designated regulatory floodway are prohibited unless it is demonstrated through hydrologic and hydraulic analyses by a registered professional engineer that the proposed encroachment would not result in any increase in flood levels during the base flood discharge.

(a-1)

Zones A1-A30 and AE Without a Designated Floodway (Cumulative Rise Standard). In Zones A1-A30 and AE where a regulatory floodway has not been designated, no new development or encroachment (including fill, new construction, substantial improvements, and other development) shall be permitted unless it is demonstrated, through hydrologic and hydraulic analyses prepared, signed, and sealed by a registered professional engineer using accepted methods and FEMA-approved models, that the cumulative effect of all past and projected development will not increase the Base Flood Elevation by more than one (1) foot at any point within the community. The FPA shall review and reasonably utilize such analyses as permit criteria and shall maintain a permanent record of findings. Where the standard cannot be met, the applicant must either (i) revise the project to comply, or (ii) obtain the necessary FEMA map revision (LOMR) establishing a floodway or otherwise demonstrating compliance prior to permit issuance.

Watercourse alteration. Prior to any alteration or relocation of a watercourse, the FPA shall: (1) notify adjacent communities and appropriate state/federal agencies; (2) submit required information to FEMA; and (3) ensure that the flood-carrying capacity is maintained.

§ 85.020335 Boundary changes; letters of map change; map revisions.

Additional map-based areas. Where additional hazard studies identify areas not reflected on FIRMs, the FPA may apply this Article to such areas pending FEMA map revision.

(Ord. 468 § 1, 2025)

Local boundary adjustments. Requests to modify FP Overlay boundaries shall include property documentation, topography, existing and proposed elevations, hydraulic analyses where needed, and any other data the FPA requires. Submittals shall be sealed by a registered professional engineer or licensed land surveyor, as appropriate.

FEMA map changes. The applicant is responsible for the costs of any FEMA LOMC or revision. Analyses shall use accepted hydrologic/hydraulic methods and models.

Consistency with NFIP. Any boundary change shall be consistent with NFIP criteria and this Article.

Effect of LOMC. Upon FEMA issuance of a LOMC that modifies an SFHA or BFE, the FPA shall rely on the LOMC for administration of this Article and shall process local map updates as needed.

(Ord. 468 § 1, 2025)

§ 85.020340 Variance procedure.

Purpose and standard. Variances are limited relief from strict application of this Article consistent with 44 C.F.R. § 60.6 and are granted only upon a showing of exceptional hardship unique to the property that cannot be remedied by design alternatives, with the minimum necessary deviation to afford relief.

Findings. In acting on a variance, the City shall consider technical evaluations and all relevant factors, including: danger to life and property; susceptibility of the proposed use; importance of the services provided; necessity of waterfront location; availability of alternative locations; compatibility with existing and anticipated development; consistency with the General Plan and floodplain management program; safe access during flood; expected flood characteristics; and public service costs during and after flood conditions.

Conditions and limitations.

Floodways. No variance may be issued in a regulatory flood way if any increase in flood levels would result.

Historic structures. Variances may be issued for repair or rehabilitation of Historic Structures if the work will not preclude continued historic designation and is the minimum necessary to preserve the structure's historic character and design.

Functionally dependent uses. Variances may be issued where necessary for functionally dependent uses if all variance criteria are met and the development is protected to minimize flood damages and avoid additional threats to public safety or nuisances.

Insurance and risk notice. Any variance that permits a structure below the required elevation may result in significantly increased flood insurance premiums and flood risk; the City shall provide written notice to the applicant and record the notice in the chain of title.

§ 85.020350 Requirement to submit new technical data (44 C.F.R. § 65.3).

Records. The FPA shall maintain a record of all variances, including the justification, conditions, and elevation/floodproofing data.

(Ord. 468 § 1, 2025)

§ 85.020345 Disclaimer of liability.

The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. This Article does not imply that land outside SFHAs or uses permitted within such areas will be free from flooding or flood damage. This Article shall not create liability on the part of the City, its officers or employees, for any flood damages that result from reliance on this Article or any administrative decision lawfully made hereunder.

(Ord. 468 § 1, 2025)

When Base Flood Elevations or flood hazard data change due to physical changes affecting flooding conditions, the FPA shall ensure that technical or scientific data are submitted to FEMA within six (6) months of such changes so floodplain management and insurance are based on current data.

(Ord. 468 § 1, 2025)

§ 85.020355 Enforcement; violations and penalties.

It is unlawful to violate any provision of this Article, any permit condition, or any lawful order of the FPA.

The City may use any remedies authorized by the Municipal Code or applicable law, including stop-work orders, administrative citations, civil or criminal enforcement, and nuisance abatement.

Each day a violation continues constitutes a separate offense.

§ 85.020360 Severability; abrogation and greater restrictions; interpretation.

The FPA shall not issue final approvals or certificates of occupancy until all requirements of this Article are satisfied.

(Ord. 468 § 1, 2025)

Severability. If any section, subsection, sentence, clause, or phrase of this Article is for any reason held invalid, such decision shall not affect the remaining portions.

Abrogation and greater restrictions. This Article does not repeal easements, covenants, or deed restrictions; where conflicts occur, the more restrictive controls.