Chapter 15.65
FLOODPLAIN MANAGEMENT
Sections:
15.65.050 Abrogation and greater restrictions.
15.65.070 Warning and disclaimer of liability.
15.65.080 Establishment of development permit.
15.65.090 Designation of floodplain administrator.
15.65.100 Duties and responsibilities of the floodplain administrator.
15.65.120 Construction standards.
15.65.130 Standards for subdivisions or other proposed new development.
15.65.140 Standards for manufactured homes.
15.65.150 Standards for recreational vehicles.
15.65.160 Standards for utilities.
15.65.010 Purpose.
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. 283 § 3, 2008.]
15.65.020 Definitions.
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.
“Accessory building” means a structure that is either: (A) solely for the parking of no more than two cars; or (B) a small, low-cost shed for limited storage, less than 150 square feet and $1,500 in value.
“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 manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
“Encroachment” means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before August 18, 2008.
“Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from: (A) the overflow of inland or tidal waters; (B) the unusual and rapid accumulation or runoff of surface waters from any source; (C) mudslides (i.e., mudflows); or (D) 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 hazard 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 hazard 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 “floodprone 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 floodprone 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.
“Fraud and victimization,” as related to CMC 15.65.180, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city council shall consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
“Hardship,” as related to CMC 15.65.180, means an exceptional hardship that would result from a failure to grant the requested variance. The city council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship, or inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors alone is not exceptional.
“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 August 18, 2008, and includes any subsequent improvements to such structures.
“New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after August 18, 2008.
“Public safety” and “nuisance” as related to CMC 15.65.180 mean that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
“Recreational vehicle” means a vehicle 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.
“Regulatory floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
“Remedy a violation” means to bring the structure or other development into compliance with state or local floodplain management regulations or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.
“Riverine” means relating to, formed by, or resembling a river, 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 manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, “the actual start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
“Structure” means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.
“Substantial damage” means 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.
“Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
“Violation” means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
“Watercourse” means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically.
“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. [Ord. 283 § 3, 2008.]
15.65.030 Applicability.
The provisions of this chapter shall apply to all special flood hazard areas within the city of Calimesa as identified by the Federal Emergency Management Agency in the “Flood Insurance Study for Riverside 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 Riverside 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 engineer, located at 908 Park Avenue, Calimesa, California. [Ord. 283 § 3, 2008.]
15.65.040 Compliance.
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 a violation of this chapter. [Ord. 283 § 3, 2008.]
15.65.050 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 ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. [Ord. 283 § 3, 2008.]
15.65.060 Interpretation.
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 statutes. [Ord. 283 § 3, 2008.]
15.65.070 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 considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside of special flood hazard 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 any officer or employee of the city of Calimesa, 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. 283 § 3, 2008.]
15.65.080 Establishment of development permit.
A development permit shall be obtained for all proposed construction or other development in the city, including manufactured homes, 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. 283 § 3, 2008.]
15.65.090 Designation of floodplain administrator.
The city manager, or his/her designee, is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions. [Ord. 283 § 3, 2008.]
15.65.100 Duties and responsibilities of the floodplain administrator.
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. When base flood elevation data has not been provided in accordance with CMC 15.65.030, 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 FEMA 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 FEMA 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 obtain and maintain, for public inspection, 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. 283 § 3, 2008.]
15.65.110 Appeals.
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. 283 § 3, 2008.]
15.65.120 Construction standards.
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, including manufactured homes, 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 service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
C. Elevation and Floodproofing for Residential Construction.
1. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement:
a. In AE, AH, A1 – 30 zones, elevated to or above the base flood elevation.
2. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.
D. Elevation and Floodproofing for Nonresidential Construction.
1. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with subsection (C)(1) of this section; or
2. Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under subsection (C)(1) of this section, so that the structure is watertight with walls substantially impermeable to the passage of water; have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and be certified by a registered civil engineer or architect that the standards of subsection (E)(1)(a) and (b) of this section are satisfied. Such certification shall be provided to the floodplain administrator.
E. Elevation and Floodproofing for Flood Openings.
1. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, 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 meet the following minimum criteria:
a. For nonengineered openings:
i. Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
ii. The bottom of all openings shall be no higher than one foot above grade;
iii. Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of floodwater; and
iv. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow floodwater to directly enter; or
b. Be certified by a registered civil engineer or architect. [Ord. 283 § 3, 2008.]
15.65.130 Standards for subdivisions or other proposed new development.
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. All new subdivision proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or five acres, whichever is the lesser:
1. Identify the special flood hazard area and base flood elevations.
2. Identify the elevations of lowest floors of all proposed structures and pads on the final plans.
3. If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for an LOMR based on fill (LOMR-F) to the floodplain administrator:
a. Lowest floor elevation;
b. Pad elevation; and
c. Lowest adjacent grade;
B. The development project is consistent with the need to minimize flood damage within the special flood hazard area;
C. All public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and
D. Adequate drainage is provided to reduce exposure to flood hazards. [Ord. 283 § 3, 2008.]
15.65.140 Standards for manufactured homes.
A. All manufactured homes that are placed or substantially improved on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred substantial damage as the result of a flood, shall:
1. Within Zones A1 – 30, AH, and AE on the community’s flood insurance rate map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1 – 30, AH, and AE on the community’s flood insurance rate map that are not subject to the provisions of subsection (A) of this section will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:
1. Lowest floor of the manufactured home is at or above the base flood elevation; or
2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.
C. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator. [Ord. 283 § 3, 2008.]
15.65.150 Standards for recreational vehicles.
All recreational vehicles placed in Zones A1 –30, AH, and AE will either:
A. Be on the site for fewer than 180 consecutive days; or
B. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions; or
C. Meet the permit requirements of CMC 15.65.080 and the elevation and anchoring requirements for manufactured homes in CMC 15.65.140. [Ord. 283 § 3, 2008.]
15.65.160 Standards for utilities.
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. 283 § 3, 2008.]
15.65.170 Floodways.
Encroachments, including fill, new construction, substantial improvements, and other development, are prohibited within an adopted regulatory floodway, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge. [Ord. 283 § 3, 2008.]
15.65.180 Variances.
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 fraud and 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. 283 § 3, 2008.]