Chapter 17.80
FLOOD DAMAGE PREVENTION OVERLAY ZONE1
Sections:
17.80.030 Lands to which this chapter applies.
17.80.040 Basis for establishing the areas of special flood hazard.
17.80.050 Compliance required.
17.80.060 Abrogation and greater restrictions.
17.80.080 Warning and disclaimer of liability.
17.80.090 Development permit required.
17.80.100 Designation of floodplain administrator.
17.80.110 Duties and responsibilities of the floodplain administrator.
17.80.120 Standards of construction.
17.80.130 Standards for utilities.
17.80.140 Standards for subdivisions.
17.80.150 Standards for manufactured homes and recreational vehicles.
17.80.160 Floodway restrictions.
17.80.170 Mudslide (i.e., mudflow) prone areas.
17.80.180 Flood-related erosion prone areas.
17.80.190 Appeals – Requests for variances.
17.80.195 Coastal high hazard areas.
17.80.200 Conditions for variances.
17.80.010 Purpose and intent.
A. Statutory Authorization. The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council of the city of Solana Beach does hereby adopt the following floodplain management regulations.
B. Findings of Fact.
1. The flood hazard areas of the city of Solana Beach are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
2. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to flood losses.
C. It is the purpose of 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 legally enforceable regulations applied uniformly throughout the community to all publically and privately owned land within flood-prone, mudslide or flood-related erosion areas. These regulations are designed to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. 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 hazard;
6. Help maintain a stable tax base by providing for the use and development of areas of special flood hazard so as to minimize future flood blight areas;
7. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
8. Ensure that potential buyers are notified that property is in an area of special flood hazard; and
9. Minimize property damage.
D. In order to accomplish its purposes, this chapter includes methods and provisions for:
1. 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;
2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers which help accommodate or channel floodwaters;
4. Controlling filling, grading, dredging and other development which may increase flood damage; and
5. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas;
6. These regulations take precedence over any less restrictive conflicting local laws, ordinances and codes. (Ord. 418 § 1, 2010; Ord. 70 § 1, 1988; 1987 Code § 14.100.010)
17.80.020 Definitions.
Unless specifically defined below, words and 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. Whenever the following words or phrases are used in this chapter, they shall have the meanings established by this section:
“A zone.” See “special flood hazard area.”
“Accessory structure” means a structure that may either be attached to or detached from a principal structure on the same lot, but which is incidental to the principal building, and not designed for human habitation.
“Accessory use” means a use that is incidental and subordinate to the principal use of the parcel of land on which it is located.
“Alluvial fan” means a geomorphologic feature characterized by a cone- 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.
“Apex” means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
“Appeal” means a request for a review of the floodplain administrator’s interpretation of any provision of this chapter or a request for a variance.
“Area of shallow flooding” means a designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and areas of channelized or velocity flow may be evident.
“Area of special flood hazard.” See “special flood hazard area.”
“Area of special flood-related erosion hazard” is the area subject to severe flood-related erosion losses. The area is designated as zone E on the flood insurance rate map (FIRM).
“Area of special mudslide (i.e., mudflow) hazard” means the area subject to severe mudslides (i.e., mudflows). The area is designated as zone M on the flood insurance rate map (FIRM).
“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year (also called the “100-year flood”).
“Base flood elevation” (BFE) means the elevation shown on the flood insurance rate map for zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year.
“Basement” means any area of the building having its floor subgrade (below ground level) on all sides.
“Breakaway walls” are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.
“Coastal high hazard area” means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM) as zone V1-V30, VE, or V.
“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 that 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 the effective date of a floodplain management regulation adopted by the city (September 6, 1988, Ord. 70).
“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: (1) the overflow of floodwaters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; and/or (3) 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 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 areas of flood hazard 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 areas of special flood hazards 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 FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood.
“Floodplain” or “flood-prone area” means any land area susceptible to being inundated by water from any source. (See definition of “flooding.”)
“Floodplain administrator” means city engineer. (See SBMC 17.80.110.)
“Floodplain management” 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.
“Floodplain management regulations” means the applicable provisions of the code or ordinances of the city relating to subdivisions, building, health, grading and erosion control, which provide standards for the purpose of flood damage prevention and reduction.
“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.
“Floodway” means the channel of a river or other watercourse and the adjacent land areas must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as “regulatory floodway.”
“Floodway fringe” is that area of the floodplain on either side of the “regulatory floodway” where encroachment may be permitted.
“Fraud and victimization,” as related to SBMC 17.80.200, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city of Solana Beach will 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.
“Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to the 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.
“Governing body” is the local governing unit, i.e., county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
“Hardship” as related to SBMC 17.80.200 means the exceptional hardship that would result from a failure to grant the requested variance. The city of Solana Beach 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 an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
“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:
1. 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;
2. 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;
3. 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
4. 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 without approved programs.
“Lowest floor” 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.
“Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community’s flood insurance rate map are referenced.
“Mobile home” or “manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term “manufactured home” also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. The term “manufactured home” does not include a “recreational vehicle.”
“Mobile home park or subdivision” or “manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.
“New construction” means, for floodplain management purposes, structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by the city (September 6, 1988, Ord. 70).
“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 the effective date of a floodplain management regulation adopted by the city (September 6, 1988, Ord. 70).
“Obstruction” 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.
“One-hundred-year flood” means a flood that 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.
“Person” means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups or this state or its agencies or political subdivision.
“Primary frontal dune” means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.
“Program deficiency” means a defect in a community’s floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations.
“Public safety and nuisance,” as related to SBMC 17.80.200, means 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:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
3. Designed to be self propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling but 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 the 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 the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
“Riverine” 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 or flood-related erosion hazards, and shown on an FHB or FIRM as zone A, AO, A1-30, AE, A99, V1-V30, VE or V.
“Start of construction” includes substantial improvement, and means the date the building permit was issued; provided, the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. 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, including a gas or liquid storage tank, that is principally aboveground, as well as a mobile home or 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:
1. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:
a. Before the improvement or repair is started; or
b. If the structure has been damaged, and is being restored, before the damage occurred.
For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
2. The term does not include either:
a. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
b. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
“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 the community’s floodplain management resolutions. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
“Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
“Watercourse” means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Ord. 507 § 3, 2019; Ord. 484 § 3, 2018; Ord. 418 § 2, 2010; Ord. 70 § 1, 1988; 1987 Code § 14.100.020)
17.80.030 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards, areas of flood-related erosion hazards and areas of mudslide (i.e., mudflow) hazards within the city and designated on the city zoning map as within the flood damage prevention overlay zone (“FDPO zone”). (Ord. 70 § 1, 1988; 1987 Code § 14.100.030)
17.80.040 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard, areas of flood-related erosion hazards and areas of mudslide (i.e., mudflow) hazards identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled the “Flood Insurance Study for the City of Solana Beach,” dated June 3, 1988, with an accompanying flood insurance rate map, on file with the city clerk and the city engineer, and all subsequent amendments and/or revisions, is adopted by reference and declared to be a part of this chapter. This flood insurance study 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 floodplain administrator. (Ord. 418 § 3, 2010; Ord. 92 § 2, 1989; Ord. 70 § 1, 1988; 1987 Code § 14.100.040)
17.80.050 Compliance required.
No structure or land shall hereafter be constructed, located, extended, expanded, converted, altered or developed without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter, by failure to comply with any of its requirements (including violations of any conditions imposed upon development and safeguards established in connection with those conditions), shall constitute a misdemeanor and, in addition, shall constitute a public nuisance. (Ord. 70 § 1, 1988; 1987 Code § 14.100.050)
17.80.060 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. (Ord. 70 § 1, 1988; 1987 Code § 14.100.060)
17.80.070 Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed to effectuate the purpose and intent; and
C. Deemed neither to limit nor repeal any other applicable provision of the code or ordinances of this city or to conflict with any state or federal statutes. (Ord. 70 § 1, 1988; 1987 Code § 14.100.070)
17.80.080 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. By adoption of this chapter, the city does not imply that land outside the areas of special flood hazards, areas of flood-related erosion hazards and areas of mudslide (i.e., mudflow) 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, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 70 § 1, 1988; 1987 Code § 14.100.080)
17.80.090 Development permit required.
A. In addition to any other development permits or approvals required by this code, a flood damage prevention development permit shall be obtained before construction or development, including manufacturing homes, begins within any area of special flood hazards, areas of flood-related erosion hazards or areas of mudslide (i.e., mudflow) established by SBMC 17.80.040. Application for a permit shall be made on forms approved 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; in zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;
2. Proposed elevation in relation to mean sea level to which any structure will be floodproofed;
3. All appropriate certifications listed in SBMC 17.80.120(C); and
4. Description and substantiating calculations of the extent to which any watercourse will be altered or relocated as a result of proposed development.
B. No other permit or approval for development shall be issued unless either a flood damage prevention development permit has first been issued or such other permit or approval is conditioned upon the successful issuance of a flood damage prevention development permit.
C. Appeals. The city council of the city of Solana Beach 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. (Ord. 507 § 4, 2019; Ord. 484 § 4, 2018; Ord. 418 § 4, 2010; Ord. 70 § 1, 1988; 1987 Code § 14.100.100)
17.80.100 Designation of floodplain administrator.
The city engineer is appointed to administer and implement this chapter by granting, conditionally granting, or denying flood damage prevention development permits in accordance with its provisions. (Ord. 70 § 1, 1988; 1987 Code § 14.100.110)
17.80.110 Duties and responsibilities of the floodplain administrator.
The duties and responsibilities of the floodplain administrator shall include, but not be limited to:
A. Permit Review.
1. Review all development permits to determine that the permit requirements of this chapter have been satisfied;
2. All other required state and federal permits have been obtained;
3. The site is reasonably safe from flooding;
4. 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 not increase the water surface elevation of the base flood more than one foot within the city of Solana Beach;
5. 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;
B. Development of Substantial Improvement and Substantial Damage Procedures.
1. Using FEMA publication FEMA 213, “Answers to Questions About Substantially Damaged Buildings,” develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining “market value.”
2. Assure procedures are coordinated with other departments/divisions and implemented by community staff;
C. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with SBMC 17.80.030, the floodplain administrator will obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer SBMC 17.80.120. Any such information shall be submitted to the city for adoption;
D. Whenever a Watercourse Is to Be Altered or Relocated.
1. Notify adjacent communities and the California Department of Water Resources and the Army Corps of Engineers prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;
2. Request that the flood-carrying capacity of the altered or relocated portion of the watercourse is maintained;
3. Base Flood Elevation Changes Due to Physical Alterations.
a. 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 a letter of map revision (LOMR).
b. All 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.
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;
4. Changes in Corporate Boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits;
E. Obtain and maintain for public inspection and make available as needed the certifications and reports required by SBMC 17.80.120, 17.80.140 and 17.80.160;
F. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards, areas of flood-related erosion hazards or areas of mudslide (i.e., mudflow), 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 may appeal any decision regarding the interpretation to the city council as provided in SBMC 17.80.190;
G. Take action to remedy violations of this chapter as specified in SBMC 17.80.040. (Ord. 507 § 5, 2019; Ord. 418 § 5, 2010; Ord. 92 § 3, 1989; Ord. 70 § 1, 1988; 1987 Code § 14.100.120)
17.80.120 Standards of construction.
Construction in all areas of special flood hazards shall comply with the standards set forth in this section.
A. Anchoring.
1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. All manufactured homes shall meet the anchoring standards of SBMC 17.80.150.
B. Construction Materials and Methods.
1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the base flood elevation and one-foot freeboard.
2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
3. All new construction and substantial improvements 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.
4. Within zones AH and AO, adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures shall be shown on the grading plans and required as a condition of the grading permit.
C. Elevation and Floodproofing.
1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to one foot above the base flood elevation. 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 to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.
2. New construction and substantial improvement of any residential structure in zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.
3. New construction and substantial improvement of any nonresidential structure shall either be elevated in conformance with subsection (C)(1) or (2) of this section or, together with attendant utility and sanitary facilities, meet the following requirements:
a. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator.
4. In all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Fully enclosed areas below the lowest floor that are subject to flooding are usable solely for parking of vehicles, building access, and storage. Building plans meeting this requirement must either be certified by a registered civil engineer or architect or conform to the following minimum criteria:
a. 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 floodwaters; buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or
b. Be certified by a registered professional engineer or architect to comply with a local floodproofing standard approved by the Federal Insurance Administration.
5. In addition to the requirements of this section, manufactured homes shall also meet the requirements established in SBMC 17.80.150.
6. Garages and Low Cost Accessory Structures.
a. Attached Garages.
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 floodwaters. See subsection (C)(3) of this section. Areas of the garage below the BFE must be constructed with flood-resistant materials. See subsection B of this section.
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) or limited storage (small, low-cost sheds), as defined in SBMC 17.80.020, may be constructed such 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 the accessory structure must be limited to parking or limited storage;
(B) The portions of the accessory structure located below the BFE plus one-foot freeboard must be built using flood-resistant materials;
(C) The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;
(D) Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to a minimum of one foot above the BFE;
(E) The accessory structure must comply with floodplain encroachment provisions in SBMC 17.80.160; and
(F) The accessory structure must be designed to allow for the automatic entry of floodwaters in accordance with subsection (C)(4) of this section.
ii. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in this section. (Ord. 507 § 6, 2019; Ord. 484 § 5, 2018; Ord. 418 § 6, 2010; Ord. 70 § 1, 1988; 1987 Code § 14.100.130)
17.80.130 Standards for utilities.
A. All new and replacement water supply and sanitary sewage systems shall be designated to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.
B. On-site water disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. 70 § 1, 1988; 1987 Code § 14.100.140)
17.80.140 Standards for subdivisions.
A. At the time of submission of an application for approval of a tentative map or tentative parcel map within the flood damage prevention overlay zone, the subdivider shall submit a map signed by a registered civil engineer or licensed land surveyor identifying the special flood hazard areas and the base flood elevations.
B. The tentative map or tentative parcel map shall show the elevation of proposed structure(s) and building pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered civil engineer or surveyor and provide as part of an application for a Letter of Map Revision based on fill (LOMR-F) to the floodplain administrator.
C. The design and improvement of a subdivision shall be consistent with the need to minimize flood damage.
D. Public utilities and facilities such as sewer, gas, electrical and water systems located and constructed in a manner which minimizes flood damage.
E. The design and improvement of subdivisions shall provide adequate drainage to reduce exposure to flood hazards. (Ord. 507 § 7, 2019; Ord. 70 § 1, 1988; 1987 Code § 14.100.150)
17.80.150 Standards for manufactured homes and recreational vehicles.
A. Manufactured Homes. All new, replacement, and substantially improved manufactured homes and additions to manufactured homes shall:
1. Be elevated so that the lowest floor is a minimum of one foot above the base flood elevation; and
2. Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.
B. Recreational Vehicles.
1. All recreational vehicles placed in zones A1-30, AH, AE, V1-30 and VE 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 SBMC 17.80.090 and the elevation and anchoring requirements for manufactured homes in subsection A of this section.
2. Recreational vehicles placed on sites within zones V1-30, V, and VE on the community’s flood insurance rate map will meet the requirements of subsection (B)(1) of this section and SBMC 17.80.195. (Ord. 507 § 8, 2019; Ord. 418 § 7, 2010; Ord. 70 § 1, 1988; 1987 Code § 14.100.160)
17.80.160 Floodway restrictions.
A. Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the city of Solana Beach.
B. All encroachments, including fill, new construction, substantial improvements, and other development, is prohibited in all areas of the floodway, unless a registered civil engineer or architect provides a certification demonstrating that the encroachment or encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge.
C. If the certification required by subsection A of this section is provided, then all new construction and substantial improvements, encroachments or development shall comply with all other applicable flood hazard reduction provisions of SBMC 17.80.120 through 17.80.150, inclusive. (Ord. 418 § 8, 2010; Ord. 70 § 1, 1988; 1987 Code § 14.100.170)
17.80.170 Mudslide (i.e., mudflow) prone areas.
A. The floodplain administrator shall review permits for proposed construction or other development to determine if it is proposed within a mudslide or mudflow area.
B. Permits shall be reviewed to determine that the proposed development is reasonably safe from mudslide hazards. Factors to be considered in making this determination include, but are not limited to:
1. The type and quality of soils;
2. Evidence of groundwater or surface water problems;
3. The depth and quality of any fill;
4. The overall slope of the site; and
5. The weight that any proposed development will impose on the slope.
C. Within areas which may have mudslide hazards the following requirements apply:
1. A site investigation and further review shall be made by persons qualified in geology and soils engineering;
2. The proposed grading, excavation, new construction and substantial improvements shall be adequately designed and protected against mudslide damages;
3. The proposed grading, excavations, new construction and substantial improvements do not aggravate the existing hazard by creating either on-site or off-site disturbances; and
4. Drainage, planting, watering and maintenance shall not endanger slope stability. (Ord. 70 § 1, 1988; 1987 Code § 14.100.180)
17.80.180 Flood-related erosion prone areas.
A. The floodplain administrator shall require permits for proposed construction and other development within all flood-related erosion prone areas as known to the city.
B. Such permits shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.
C. If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.
D. Within zone E on the flood insurance rate map, a setback is required for all new development from the ocean, lake, bay, riverfront or other natural body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated “useful life” of structures, and depending upon the geologic, hydrologic, topographic and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only. (Ord. 70 § 1, 1988; 1987 Code § 14.100.190)
17.80.190 Appeals – Requests for variances.
A. The city council shall hear and decide appeals and requests for variances from the requirements of this chapter.
B. The city council 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.
C. In passing upon such applications, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger of life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4. The importance of the service provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9. The safety of access to the property in time of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and
11. 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 system, and streets and bridges.
D. Generally, variances may be issued for new construction and substantial improvements 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, subdivisions 1 through 11 of subsection C of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variances increases.
E. Upon consideration of the factors of subsection C and the purposes of this chapter, the city may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F. The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 70 § 1, 1988; 1987 Code § 14.100.200)
17.80.195 Coastal high hazard areas.
Within coastal high hazard areas, zones V, V1-30, and VE, as established under SBMC 17.80.040, the following standards shall apply:
A. All new residential and nonresidential construction, including substantial improvement/damage, shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards.
B. All new construction and other development shall be located on the landward side of the reach of mean high tide.
C. All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in SBMC 17.80.020. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.
D. Fill shall not be used for structural support of buildings.
E. Manmade alteration of sand dunes which would increase potential flood damage is prohibited.
F. The floodplain administrator shall obtain and maintain the following records:
1. Certification by a registered engineer or architect that a proposed structure complies with subsection A of this section; and
2. The elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. (Ord. 418 § 9, 2010; Ord. 92 § 1, 1989)
17.80.200 Conditions for variances.
A. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
B. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
C. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
D. Variances shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
3. 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, cause fraud or victimization of the public, or conflict with existing local laws or ordinances.
E. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that the provisions of subsections A through D 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.
F. An applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory floor elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the floodplain board in the office of the county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (Ord. 507 § 9, 2019; Ord. 70 § 1, 1988; 1987 Code § 14.100.210)
17.80.210 Fees.
The city council shall establish by resolution fees for processing any permits or variances for providing any reviews or other services, or for administration of this chapter. (Ord. 70 § 1, 1988; 1987 Code § 14.100.220)
17.80.220 Severability.
This chapter and the various parts thereof are hereby 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. 418 § 10, 2010)
Code reviser’s note: This chapter, formerly numbered 17.08, was renumbered by Ord. 185. Section 14.100.090, Severability, as enacted by Ord. 70, has not been codified. The sections following Section 14.100.090 of Ord. 70 were renumbered accordingly.