HomeMy WebLinkAbout669 - Ordinances ORDINANCE NO. 669
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER
19.12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE,
PROVIDING FOR FLOODPLAIN MANAGEMENT REGULATIONS
The City Council of the City of Rancho Cucamonga, does ordain as follows:
~1: Chapter 19.12 of the Rancho Cucamonga Municipal Code is to be amended to
read as follows:
CHAPTER 19.12
FLOODPLAIN MANAGEMENT REGULATIONS
~ A.thori:,~finn~ Findin_n_~: P~r.n~_~e And M~fhndR
19.12.011 Statutory Authorization.
The Legislature of the State of California has in Government Code Sections
65302, 65560, and 65800 conferred upon local government units 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 Rancho
Cucamonga does hereby adopt the following floodplain management
regulations.
19.12.012 Findings of Fact.
A. The flood hazard areas of the City 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.
B. These flood losses are caused by uses that are inadequately elevated,
flood proofed, or protected from flood damage. The cumulative effect of
obstructions in areas of special flood hazards that increase flood heights
and velocities also contribute to the flood loss.
Ordinance No. 669
Page 2 of 24
19.12.013 Statement of Purpose.
It is the purpose of this ordinance to promote the public health, safety;, and
general welfare, and to minimize public and private losses due to, flood
conditions in specific areas by provisions designed 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 floodihg
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 an area of
special flood hazard; and
H. ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
19.12.014 Methods of Reducing Flood Losses.
In order to accomplish its purposes, this ordinance includes methods and
provisions to
A. restrict or prohibit uses which are dangerous to health, safety, and
properly due to water or erosion hazards, or which result in damagiog
increases in erosion or flood heights or velocities;
B. require that uses vulnerable to floods, including facilities that serve such
uses, be protected against flood damage at the time of initial
construction;
C. control the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
D. control filling, grading, dredging, and other development which may
increase flood damage; and
E. prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards in
other areas.
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Unless specifically defined below, words or phrases used in this ordinance shall
be interpreted so as to give them the meaning they have in common usage and
to give this ordinance its most reasonable application.
"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 the point of highest elevation on an alluvial fan, which On
undisturbed fans is generally the point where the major stream that
formed the fan emerges from the mountain front.
"Appeal" means a request for a review of the Floodplain Administrator's
interpretation of any provision of this ordinance.
"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 dearly defined channel does not exist; the path of
flooding is unpredictable and indeterminate; and velocity flow may be
evident. Such flooding is characterized by ponding or sheet flow.
"Area of special flood hazard" - See "Special flood hazard area".
"Area of special flood-related erosion hazard" is the land within a
community which is most likely to be subject to severe flood-related
erosion losses. The area may be designated as Zone E on the Flood
Insurance Rate Map (FIRM).
"Area of special mudslide (i.e., mudflow) hazard" is 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 a flood, which has a one percent chance of being
equaled or exceeded * ' (also called the "100-year flood").
Base flood is the term used throughout this ordinance.
"Basement" means any area of the building having its floor subgrade -
i.e., below ground I~.v~.l - 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
Ordinance No. 669
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integrity of the building on which they are used or any buildings to which
they might be carried by flood waters. A breakaway wall shall have a
safe design loading resistance of not less than ten and no more than
twenty pounds per square foot. Use of breakaway walls must be certifi,~d
by a registered engineer or architect and shall meet the followi,ng
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.
"Building" - see "Structure". :
"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,
orV.
"Development" means any man-made change to improved or
unimproved real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials.
"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 the effective date of the floodplain
management regulations adopted by a community.
"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, flooding, or flood water" means:
1. a general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of
inland or tidal waters; the unusual and rapid accumulation or
Ordinance No. 669
Page 5 of 24
runoff of surface waters from any source; and/or mudslides
(i.e., mudflows); and
2. the condition resulting from flood-related erosion
"Flood Boundary and Floodway Map (FBFM)" 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 floodway.
"Flood Hazard Boundary Map" means the official map on which the
Federal Emergency Management Agency or Federal Insurance
Administration has delineated the areas of flood hazards.
"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 Flood
Insurance Rate Map, the Flood Boundary and Floodway Map, and the
water surface elevation of the base flood.
"Flood-related erosion" means the collapse or subsidence of land along
the shore of a lake or other body of water as a result of undermining
caused by waves or currents of water exceeding anticipated cyclical level
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 a flash flood or an abnormal tidal surge, or by some
similarly unusually and unforeseeable event which results in flooding.
"Flood-related erosion area" or "Flood-related erosion prone area"
means a land area adjoining the shore of a lake or other body of water,
which due to the composition of the shoreline or bank and high water
levels or wind-driven currents, is likely to suffer flood-related erosion
damage.
"Flood-related erosion area management" means the operation of an
overall program of corrective and preventive measures for reducing flood-
related erosion damage, including but not limited to emergency
preparedness plans, flood-related erosion control works, and floodplain
management regulations.
"Floodplain or flood-prone area" means any land area susceptible to
being inundated by water from any source - see "Flooding".
"Floodplain Administrator" is the individual appointed to administer and
enforce the floodplain management regulations.
Ordinance No. 669
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"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, floodplain management regulations, and open space
plans.
"Floodplain management regulations" means this ordinance and other
zoning ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as grading and erosion
control) and other application of police power which control development
in flood-prone areas. This term describes federal, state or Ioc~al
regulations in any combination thereof, which provide standards for
preventing and reducing flood Joss 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 ~
Technic:al R~dletin_~ TR t-g~: TI~ 3-.q.':t: and TR 7-93 fnr _~uid~_line~ on
dry. =and wet flnnd.nrnnfin~_)
"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. 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 Section 6, Variances, of this
ordinance, means that the variance granted must not cause fraud on or
victimization of the public. In examining this requirement, the City of
Rancho Cucamonga will consider the fact that every newly constructed
building adds to government responsibilities and remains a part of the
community for fifty to one-hundred years. Buildings that are permitted to
be constructed below the base flood elevation are subject during all those
years to increased risk of damage from floods, while future owners of the
property and the community as a whole are subject to all the costs,
inconvenience, danger, and suffering that those increased flood damages
bring. In addition, future owners may purchase the property, unaware
that it is subject to potential flood damage, and can be insured only at
very high flood insurance rates.
"Functionally dependent use" means a use that cannot perform its
intended purpose unless it is located or carried out in close proximity to
water. The term includes only docking facilities, port facilities that are
necessary for the loading and unloading of cargo or passengers, and
ship building and ship repair facilities, and does not include long-term
storage or related manufacturing facilities.
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"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 Section 6, Variances, of this ordinance means
the 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 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 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 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.
"Levee" means a man-made structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering
practices to contain, control or divert the flow of water so as to provide
protection from temporary flooding.
"Levee system" means a flood protection system, which consists of a
levee, or levees, and associated structures, such as closure and drainage
devices, which are constructed and operated in accord with sound
engineering practices.
Ordinance No. 669
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"Lowest floor" means the lowest floor of the lowest enclosed area,
including basement_(see "Basement" definition).
1. An unfinished or flood resistant enclosure below the lowest
floor that is 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 it conforms to
applicable non-elevation design requirements, including, but
not limited to:
a. the wet floodproofing standard in Section 19.12.051 C.3;
b. the anchoring standards in Section 19.12.051 A;
¢. the construction materials and methods standards ~n
Section 19.12.051 B; and
d. the standards for utilities in Section 19.12.052.
2. For residential structures, all subgrade-enclosed areas are
prohibited as they are considered to be basements (see
"Basement" definition). This prohibition includes below-grade
garages and storage areas.
"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 attached to the required
utilities. The term "manufactured home" does not include a "recreatiodal
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" shall be determined by estimating the cost to replace the
structure in new condition and adjusting that cost figure by the amount of
depreciation, which has accrued since the structure was constructed.
The cost of replacement of the structure shall be based on a square foot
cost factor determined by reference to a building cost estimating guide
recognized by the building construction industry. The amount of
depreciation shall be determined by taking into account the age and
physical deterioration of the structure and functional obsolescence as
approved by the floodplain administrator, but shall not include economic
or other forms of external obsolescence. Use of replacement costs or
accrued depreciation factors different from those contained in recognized
building cost estimating guides may be considered only if such factors
are included in a report prepared by an independent professional
appraiser and supported by a written explanation of the differences.
"Mean sea level" means, for purposes of the National Flood Insurance
Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other
datum, to which base flood elevations shown on a community's Flood
Insurance Rate Map are referenced.
Ordinance No. 669
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"Mudslide" describes a condition where there is a river, flow or
inundation of liquid mud down a hillside, usually as a result of a dual
condition of loss of brush cover and the subsequent accumulation of
water on the ground, preceded by a period of unusually heavy or
sustained rain.
"Mudslide (i.e., mudflow) prone area" means an area with land surfaces
and slopes of unconsolidated material where the history, geology, and
climate indicate a potential for mudflow.
"New construction", for floodplain management purposes, means
structures for which the "start of construction" commenced on or after the
effective date of floodplain management regulations adopted by this
community, 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 the effective date of floodplain
management regulations adopted by this community.
"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" or "100-year flood" - see "Base flood."
"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.
"Public safety and nuisance" as related to Section 6, Variances, of this
ordinance 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;
Ordinance No. 669
Page 10 of 24
2. 400 square feet or less when measured at the largest
horizontal projection;
3. designed to be self-propelled or permanently towab~e 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 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 State or 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.
"Sand dunes" mean naturally occurring accumulations of sand in ridggs
or mounds landward of the beach.
"Sheet flow area" - see "Area of shallow flooding".
"Special flood hazard area (SFHA)" means an area in the floodplain
subject to a 1 percent or greater chance of flooding in any given year. It
is shown on an FHBM or FIRM as Zone A, AO, Al~A30, AE, A99, AH,
VI-V30, VE or V.
"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 manufacture home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling; nor
does it include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers, or foundations or the
erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied
as dwelling units or not part of the main structure. For a substantial
Ordinance No. 669
Page 11 of 24
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 proposed new development 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 that have incurred "substantial damage", regardless of the
actual repair work performed. The term does not, however, include either
1. any project for improvement of a structure to correct existing
violations or state or local health, sanitary, or safety code
specifications which have been identified by the local code
enforcement official and which are the minimum necessary to
assure safe living conditions; or
2. any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued
designation as a "historic structure".
"V zone" - see "Coastal high hazard area".
"Variance" means a grant of relief from the requirements of this
ordinance that permits construction in a manner that would otherwise be
prohibited by this ordinance.
"Violation" means the failure of a structure or other development to be
fully compliant with this ordinance. A structure or other development
without the elevation certificate, other certifications, or other evidence of
compliance required in this ordinance 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, (or other datum, where
specified) 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.
Ordinance No. 669
Page 12 of 24
~ ~eneral Prnvi~inn_~
19.12.031 Lands to Which this Ordinance Applies.
This ordinance shall apply to all areas of special flood hazards withih the
jurisdiction of the City.
19.12.032 Basis for Establishing the Areas of Special Flood Hazard.
The areas of special flood hazard identified by the Federal Insurance
Administration (FIA) of the Federal Emergency Management Agency (FEMA) in
the Fle(3d Insurance Study (.Fig) dated March 5, 1984, and accompanying Flood
Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway 'Maps
(FBFMs), dated January 17, 1997, and all subsequent amendments ~nd/or
revisions, are hereby adopted by reference and declared to be a part of this
ordinance. This Fig and attendant mapping is the minimum area of applicability
of this ordinance and may be supplemented by studies for other areas which
allow implementation of this ordinance and which are recommended to the City
Council by the Floodplain Administrator. The study, FIRMs and FBFMs a~re on
file at 10500 Civic Center Drive, Rancho Cucamonga, CA 91729.
19.12,033 Compliance.
No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the term of this ordinance and
other applicable regulations. Violation of the requirements (including violations
of conditions and safeguards established in connection with conditions) shall
constitute a misdemeanor. Nothing herein shall prevent the City Council from
taking such lawful action as is necessary to prevent or remedy any violation.
19.12.034 Abrogation and Greater Restrictions.
This ordinance is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this ordinance and
another ordinance, easement, covenant, or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
19.12.035 Interpretation.
In the interpretation and application of this ordinance, all provisions shall be
A. considered as minimum requirements;
B. liberally construed in favor of the governing body; and
C. deemed neither to limit nor repeal any other powers granted under state
statutes.
19.12.036 Warning and Disclaimer of Liability.
The degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This ordinance does not imply that land outside the areas of special flood
hazards or uses permitted within such areas will be free from flooding or
flood damages. This ordinance shall not create liability on the part of the City
Ordinance No. 669
Page 13 of 24
Council, any officer or employee thereof, the State of California, or the
Federal Insurance Administration, Federal Emergency Management Agency,
for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made hereunder.
19.12.037 Severability.
This ordinance and the various parts thereof are hereby declared to be
severable. Should any section of this ordinance be declared by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of the
ordinance as a whole, or any portion thereof other than the section so declared
to be unconstitutional or invalid.
~ ,~dmini_~fr~finn
19.12.041 Establishment of Development Permit.
A development permit shall be obtained before any construction or other
development begins within any area of special flood hazard established in
Section 12.19.032 Application for a development permit shall be made on forms
furnished by the Floodplain Administrator and may include, but not be limited to:
plans in duplicate drawn to scale showing the nature, location, dimensions, and
elevation of the area in question; existing or proposed structures, fill, storage of
materials, drainage facilities; and the location of the foregoing. Specifically, the
following information is required.
A. Site plan, including but not limited to:
1. for all proposed structures, spot ground elevations at building corners
and 20-foot or smaller intervals along the foundation footprint, or one
foot contour elevations throughout the building site; and
2. proposed locations of water supply, sanitary sewer, and utilities; and
3. if available, the base flood elevation from the Flood Insurance Study
and/or Flood Insurance Rate Map; and
4. if applicable, the location of the regulatory floodway.
B. Foundation design detail, including but not limited to:
1. proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures; and
2. for a crawl-space foundation, location and total net area of foundation
openings as required in Section 19.12.051 C.3 of this ordinance and
FEMA Technical Bulletins 1-93 and 7-93; and
3. for foundations placed on fill, the location and height of fill, and
compaction requirements (compacted to 95 percent using the
Standard Proctor Test method); and
C. Proposed elevation in relation to mean sea level to which any
nonresidential structure will be floodproofed, as required in Section
19.12.051 C.3 of this ordinance and FEMA Technical Bulletin TB 3-93;
and
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D, All appropriate certifications listed in Section 19.12.043 D of this
ordinance; and
E, Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
19.12.042 Designation of the Floodplain Administrator.
The City Engineer is hereby appointed to administer, implement, and enforce this
ordinance by granting or denying development permits in accord with its
provisions.
19.12.043 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 permits to determine that
1. permit requirements of this ordinance have been satisfied,
2. all other required state and federal permits have been obtained,
3. the site is reasonably safe from flooding, and
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
ordinance, "adversely affects" means that the cumulative effect of the
proposed development when combined with all other existing and
anticipated development will increase the water surface elevation 'of
the base flood more than one foot at any point.
B. Review, Use and Development of Other Base Flood Data.
1. When base flood elevation data has not been provided in accordance
with Section 19.12.032, the Floodplain Administrator shall obtain,
review, and reasonably utilize any base flood elevation and floodway
data available from a federal or state agency, or other source, in
order to administer Section 19.12.050. Any such information shall be
submitted to the City Council for adoption; or
2. If no base flood elevation data is available from a federal or state
agency or other source, then a base flood elevation shall be obtained
using one of two methods from the FEMA publication "Managing
Floodplain Development in Approximate Zone A Areas - A Guide for
Obtaining and Developing Base (100-year) Flood Elevations" dated
July 1995 in order to administer Section 19.12.050:
a. Simplified method
i. 100 year or base flood discharge shall be obtained
using the appropriate regression equation found in a
U.S. Geological Survey publication, or the discharge-
drainage area method; and
Ordinance No. 669
Page 15 of 24
ii. base flood elevation shall be obtained using the Quick-
2 computer program developed by FEMA; or
b, Detailed method
i, 100 year or base flood discharge shall be obtained
using the U.S. Army Corps of Engineers' HEC-HMS
computer program; and
ii, base flood elevation shall be obtained using the U.S.
Army Corps of Engineers' HEC-RAS computer
program.
C. Notification of Other Agencies.
In alteration or relocation of a watercourse:
1. notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation;
2. submit evidence of such notification to the Federal Insurance
Administration, Federal Emergency Management Agency; and
3. assure that the flood carrying capacity within the altered or relocated
portion of said watercourse is maintained.
D. Documentation of Floodplain Development.
Obtain and maintain for public inspection and make available as needed
the following:
1. certification required by Section 19.12.051 C.1 and 19.12.054
(lowest floor elevations),
2. certificaflon required by Section 19.12.051 C.2 (elevation or
floodproofing of nonresidential structures),
3. certification required by Section 19.12.051 C.3 (wet floodprooflng
standard),
4. certification of elevation required by Section 19.12.053 B
(subdivision standards),
5. certification required by Section 19.12.056 A (floodway
encroachments),
6. reports required by Section 19.12.057 C (mudflow standards).
E. Map Determinations.
Make interpretations where needed, as to the exact location of the
boundaries of the areas of special flood hazard. Where there appears to
be a conflict between a mapped boundary and actual field conditions,
grade and base flood elevations shall be used to determine the
boundaries of the special flood hazard area. The person contesting the
location of the boundary shall be given a reasonable opportunity to
appeal the interpretation as provided in Section 19.12.060.
Ordinance No. 669
Page 16 of 24
F. Remedial Action.
Take action to remedy violations of this ordinance as specified in Sectiq*n
19.12.033.
19.12.044 Appeals.
The City Council of the City of Rancho Cucamonga 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 ordinance.
19.12.050 Prnvi_~ion~ fnr Flnnrl H:~:,;~rrl R~_duction
19.12.051 Standards of Construction.
In all areas of special flood hazards the following standards are required:
A. Anchoring
1. All new construction and substantial improvements shall be
adequately anchored to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy.
2. All manufactured homes shall meet the anchoring standards of
Section 19.12.054.
B. Construction Materials and Methods.
All new construction and substantial improvement shall be constructed
1. with flood resistant materials as specified in FEMA Technical Bulletin
TB 2-93, and utility equipment resistant to flood damage;
2. using methods and practices that minimize flood damage;
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; and if
4. within Zones AH or AO, so that there are adequate drainage paths
around structures on slopes to guide flood waters around and away
from proposed structures.
C. Elevation and Floodproofing.
(See Section 19.12.010 Definitions for "Basement", "Lowest Floor",
"New Construction", "Substantial Damage" and "Substantial
Improvement".)
1. Residential construction, new or substantial improvement, shall have
the lowest floor, including basement,
a. in an AO zone, elevated above the highest adjacent grade to a
height exceeding the depth number specified in feet on the FIRM
by at least two feet, or elevated at least four feet above the
highest adjacent grade if no depth number is specified.
Ordinance No. 669
Page 17 of 24
b. in an A zone, the lowest floor elevated to at least two feet above
the base flood elevation; said base flood elevation shall be
determined by one of the methods in Section 19.12.043 B of this
ordinance.
c, in all other Zones, elevated to at least two feet 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 professional
engineer or surveyor, and verified by the community building inspector to
be properly elevated. Such certification and verification shall be provided
to the Floodplain Administrator.
2, Nonresidential construction, new or substantial improvement, shall
either be elevated to conform with Section 19.12.051 C.1 or together
with attendant utility and sanitary facilities
a. be floodproofed below the elevation recommended under Section
19.12.051 C.1 so that 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 section (19.12.051 C.2) are satisfied. Such
certification shall be provided to the Floodplain Administrator.
3. All new construction and substantial improvement 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 shall follow
the guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93, and
must e.×r.~.~.d the following minimum criteria:
a. have 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. The bottom of all openings shall be no higher
than one foot above grade. Openings may be equipped with
screens, louvers, valves or other coverings or devices provided
that they permit the automatic entry and exit of floodwater; or
b. be certified by a registered professional engineer or architect.
4. Manufactured homes shall also meet the standards in Section
19.12.054.
Ordinance No. 669
Page 18 of 24
19.12.052 Standards for Utilities.
A. All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate:
1. infiltration of flood waters into the systems, and
2. discharge from the systems into flood waters.
B. On-site waste disposal systems shall be located to avoid impairment to them,
or contamination from them during flooding.
19.12.053 Standards for Subdivisions.
A. All preliminary subdivision proposals shall identify the special flood hazard
area and the elevation of the base flood.
B. All subdivision plans will provide the elevation of proposed structure(s) and
pad(s). If the site is filled above the base flood elevation, the lowest floor and
pad elevations shall be certified by a registered professional engineer or
surveyor and provided to the Floodplain Administrator.
C. All subdivision proposals shall be consistent with the need to minimize flood
damage.
D. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to minimize
flood damage.
E. All subdivisions shall provide adequate drainage to reduce exposure to flood
hazards.
19.12.054 Standards for Manufactured Homes.
A. All manufactured homes that are placed or substantially improved, within
Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map, 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 on a site upon
which a manufactured home has incurred "substantial damage" as
the result of a flood, shall be elevated on a permanent foundation
such that the lowest floor of the manufactured home is elevated to at
least two feet 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 that are placed or substantially improved on sites
located within Zones V1-30, V, and VE on the community's Flood Insurance
Rate Map will meet the requirements of Section 19.12.054 A and Section
19.12,057.
Ordinance No. 669
Page 19 of 24
C. All manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within Zones A1-30, AH, AE,
V1-30, V, and VE on the community's Flood Insurance Rate Map that are not
subject to the provisions of paragraph 5.4 A 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 least two feet above the
base flood elevation,
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.
Upon the completion of the structure, the elevation of the lowest floor including
basement shall be certified by a registered professional engineer or surveyor,
and verified by the community building inspector to be properly elevated. Such
certification and verification shall be provided to the Floodplain Administrator.
19.12,055 Standards for Recreational Vehicles.
A. All recreational vehicles placed on sites within Zones A1-30, AH, and AE on
the community's Flood Insurance Rate Map will either:
'1. be on the site for fewer than 180 consecutive days, and 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
2. meet the permit requirements of Section 19.12.040 of this ordinance
and the elevation and anchoring requirements for manufactured
homes in Section 19.12054 A.
19.12.056 Floodways.
Located within areas of special flood hazard established in Section 19.12.032
are areas designated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of flood waters, which carry debris, potential
projectiles, and erosion potential, the following provisions apply.
A. Prohibit encroachments, including fill, new construction, substantial
improvement, and other new development unless certification by a registered
professional engineer is provided demonstrating that encroachments shall
not result in any increase in [the base] flood elevation during the occurrence
of the base flood discharge.
B. If Section 19.12.056 A is satisfied, all new construction, substantial
improvement, and other proposed new development shall comply with all
other applicable flood hazard reduction provisions of Section 19.12.050.
Ordinance No. 669
Page 20 of 24
19.12.057 Mudslide (i.e., Mudflow) Prone Areas
A. The Floodplain Administrator shall review permits for proposed construction
of other development to determine if it is proposed within a mudslide area.
B. Permits shall be reviewed to determine that the proposed site and
improvement will be 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 ground water or surface water problems,
3. depth and quality of any fill,
4. overall slope of the site, and
5. weight that any proposed development will impose on the slope.
C. Within areas that may have mudslide hazards, the floodplain Administrator
shall require that
1. a site investigation and further review be made by persons qualified ~in
geology and soils engineering;
2. the proposed grading, excavation, new construction, and substantial
improvement be adequately designed and protected against mudslide
damages;
3. the proposed grading, excavations, new construction, and substantial
improvement not aggravate the existing hazard by creating either on-
site of off-site disturbances; and
4. drainage, planting, watering, and maintenance not endanger slope
stability.
19.12.058 Flood-Related Erosion-Prone Area
A. The Floodplain Administrator shall require permits for proposed construction
and other development within all flood-related erosion-prone areas as known
to the community.
B. Permit applications 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 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
Ordinance No. 669
Page 21 of 24
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.
~ Variance- Prnc~_d.r~_
19.12.061 Nature of Variances.
The variance criteria set forth in this section of the ordinance are based on the
general principle of zoning law that variances pertain to a piece of property and
are not personal in nature. A variance may be granted for a parcel of property
with physical characteristics so unusual that complying with the requirements of
this ordinance would create an exceptional hardship to the applicant or the
surrounding property owners. The characteristics must be unique to the property
and not be shared by adjacent parcels. The unique characteristic must pertain
to the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the City Council to help protect its citizens from flooding. This
need is so compelling and the implications of the cost of insuring a structure built
below flood level are so serious that variances from the flood elevation or from
other requirements in the flood ordinance are quite rare. The long-term goal of
preventing and reducing flood loss and damage can only be met if variances are
strictly limited. Therefore, the variance guidelines provided in this ordinance are
more detailed and contain multiple provisions that must be met before a variance
can be properly granted. The criteria are designed to screen out those situations
in which alternatives other than a variance are more appropriate.
19.12.062 Appeal Board.
A. In passing upon requests for variances, the City Council shall consider all
technical evaluations, all relevant factors, standards specified in other
sections of this ordinance, and the
1. danger that materials may be swept onto other lands to the injury of
others;
2. danger of life and property due to flooding or erosion damage;
3. susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the existing individual owner and
future owners of the property;
4. importance of the services provided by the proposed facility to the
community;
5. necessity to the facility of a waterfront location, where applicable;
Ordinance No. 669
Page 22 of 24
6. availability of alternative locations for the proposed use, which are not
subject to flooding or erosion damage;
· 7. compatibility of the proposed use with existing and anticipated
development;
8. relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
9. safety of access to the property in time of flood for ordinary and
emergency vehicles;
10. expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site; and
11, 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.
B. Any applicant to whom a variance is granted shall be given written notice
over the signature of a community official that
1. the issuance of a variance to construct a structure below the base
flood level will result in increased premium rates for flood insurance
up to amounts as high as $25 for $100 of insurance coverage, and
2. such construction below the base flood level increases risks to life
and property. It is recommended that a copy of the notice shall be
recorded by the Floodplain Administrator in the Office of the County
of San Bernardino Recorder and shall be recorded in a manner so
that it appears in the chain of title of the affected parcel of land.
C. The Floodplain Administrator will maintain a record of ali variance actions,
including justification for their issuance, and report such variances issued in
its biennial report submitted to the Federal Insurance Administration, Federal
Emergency Management Agency.
19,12,063 Conditions for Variances.
A. Generally, variances may be issued for new construction, substantial
improvement, and other proposed new development to be erected on a lot of
one-half acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level, providing that the
procedures of Sections 19.12.040 and 19.12.050 of this ordinance have been
fully considered. As the lot size increases beyond one-half acre, the
technical justification required for issuing the variance increases.
B. Variances may be issued for the repair or ~ehabilitation of "historic structures"
(as defined in Section 19.12.020 of this ordinance) 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.
Ordinance No. 669
Page 23 of 24
C. Variances shall not be issued within any mapped regulatory floodway if any
increase in flood levels during the base flood discharge would result.
D. Variances shall only be issued upon a determination that the variance is the
"minimum necessary" considering the flood hazard, to afford relief.
"Minimum necessary" means to afford relief with a ~ of deviation from
the requirements of this ordinance. For example, in the case of variances to
an elevation requirement, this means the City Council
permission for the applicant to build at grade, or even to whatever elevation
the applicant proposes, but only to that elevation which the City Council
believes will both provide relief and preserve the integrity of the local
ordinance.
E. Variances shall only be issued upon a
1. showing of good and sufficient cause;
2. determination that failure to grant the variance would result in
exceptional "hardship" (as defined in Section 19.12.020 of this
ordinance) to the applicant; and
3. determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, or
extraordinary public expense, create a nuisance (as defined in
Section 19.12.020 - see "Public safety or nuisance"), cause fraud or
victimization (as defined in Section 19.12.020) of the public, or conflict
with existing local laws or ordinances.
F. Variances may be issued for new construction, substantial improvement, and
other proposed new development necessary for the conduct of a functionally
dependent use provided that the provisions of Sections 19.12.063 A through
E are satisfied and that the structure or other development is protected by
methods that minimize flood damages during the base flood and does not
result in additional threats to public safety and does not create a public
nuisance.
G. Upon consideration of the factors of Section 19.12.061 C and the purposes
of this ordinance, the City Council may attach such conditions to the granting
of variances as it deems necessary to further the purposes of this ordinance.
The Mayor shall sign this Ordinance and the City Clerk shall cause the same to
be published within fifteen (15) days after its passage at least once in The Daily
Bulletin, a newspaper of general circulation published in the City of Ontario,
California, and circulated in the City of Rancho Cucamonga, California.
Ordinance No. 669
Page 24 of 24
PASSED, APPROVED, AND ADOPTED this 5th day of September 2001.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. A/~der, Mayor
AI-I'EST:
D~ebra J. Adar~MC, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting
of the Council of the City of Rancho Cucamonga held on the 15th day of August 2001, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
5th day of September 2001.
Executed this 6~h day of September 2001, at Rancho Cucamonga, California.
I~,bra J. Adaml~MC, City Clerk