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HomeMy WebLinkAbout240 - Ordinances ORDINANCE NO. 240 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 19.12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING FOR FLOOD DAMAGE PREVENTION AND DECLARING THE URGENCY THEREOF The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: Chapter 19.12 of the Rancho Cucamonga Municipal Code is to be amended to read as follows: CHAPTER 19.12 FLOOD DAMAGE PREVENTION Sections: 19.12.010 Findings and Determinations. 19.12.020 Purpose. 19.12.030 Methods of Reducing Flood Losses. 19.12.040 Definitions. 19.12.050 General Provisions. 19.12.060 Establishment of Development Permits. 19.12.070 Designation of Administrator. 19.12.080 Responsibilities of Administrator. 19.12.090 Maintenance of Flood Protection Measures. 19.12.100 Hazard Mitigation Plan. 19.12.110 Standards for Construction. 19.12.120 Standards for Storage of Materials and Equipment. 19.12.130 Standards for Utilities. 19.12.140 Standards for Subdivisions. 19.12.150 Standards for Mobile Homes and Mobile Home Parks and Subdivisions. 19.12.160 Floodways. 19.12.170 Appeals and Variance Procedure. 19.12.010 Findings and Determinations The City Council finds and determines that: A. The flood hazard areas of the City of Rancho Cucamonga are subject to periodic inundation which may result in loss of llfe 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 the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 19.12.020 Purpose 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 provisions designed: A. To protect human life and health; B. To minimize expenditure of public money for costly flood control proJects~ C.To minimize the need for rescue and relief efforts associated with flooding; Ordinance No. 240 Page 2 D. To help maintain a stable tax base by providing for the development of areas of special flood hazard so as to minimize future blight areas; E. To insure that potential buyers are notified that property is in an area of special flood hazard; and, F. To insure that those who occupy the areas of special flood hazard assume responsibility for their actions. 19.12.030 Methods of Reducing Flood Losses In order to accomplish its purposes, this chapter includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; B. Requiring that uses vuInerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. Controlling, filling, grading, dredging, and other development which may increase flood damage; and, E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. 19.12.040 Definitions Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. A. "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 to a degree that significantly impacts special flood hazard areas. B. "Appeal" means a request for a review of the City Engineer's interpretation of any provision of this chapter or a request for a variance. C. "Area of shallow flooding" means a designated AO or VO 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, velocity flow may be evident. D. "Area of special flood hazard" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. This area is designated as Zone A, AC, AH, A1-30 on the FIRM. E. "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. F. "Breakaway walls" means any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which are not part of the structural support of the building and which are so designed as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. Ordinance No. 240 Page 3 G. "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 located within the area of special flood hazard. H. "Existing mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this chapter. I. "Expansion to an existing mobile home park or mobile home subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of contrete pads, or the construction of streets). J. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland waters and/or 2. The unusual and rapid accumulation of runoff of surface waters from any source. K. "Flood Boundary Floodway Map" means the office map on which the Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. L."Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. M. "Flood Insurance Study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the FIRM, the Flood Boundary Floodway Map, and the water surface elevation of the base flood. N. "Floodproofing" means any combination of structural and non- structural additions, changes or adjustments to residential or non-residential structures which reduce or eliminate flood damage to real estate or improved property. O. "Flood-related erosion" means a condition that exists in conjunction with a flooding event that alters the composition of the shoreline or bank of a watercourse, or a condition that increases the possibility of loss due to the erosion of the land area adjacent to the shoreline or watercourse. P. "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 (1) foot. The floodway is delineated on the Flood Boundary Floodway Map. Q. "Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating or recreation, or combination thereof. For flood insurance purposes habitable floor and lowest floor will share the same definition. R. "Hazard Mitigation Plan" - A plan that incorporates a process whereby the potential of future loss due to flooding can be minimized by planning and implementing alternatives to flood plain development community wide. S. "Highest Grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Ordinance No. 240 Page 4 T."Mobile home" means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers, or manufactured housing on a permanent slab foundation. U. "New construction" means structures for which the "start of construction" commenced on or after the effective date of this chapter. V. "New mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities or servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this chapter. W. "Start of construction" means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. 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 as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including), at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities is completed. X. "Structure" means a walled and roofed building or mobile home that is principally above ground. Y. "Substantial Improvement" means 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: 1. before the improvement or repair is started, or 2. 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. "Substantial Improvement" does not, however, include either: 1. 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 2.any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Z. "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. Ordinance No. 240 Page 5 19.12.050 General Provisions A. Lands to Which This Chapter Applies This chapter shall apply to all areas of special flood hazards within the Jurisdiction of the City of Rancho Cucamonga. B. Basis for Establishing the Areas of Special Flood Hazard The areas of special flood hazard identified by the Federal Insurance Administration, through the Federal Emergency Management Agency in a scientifle and engineering report entitled "The Flood Insurance Study for the City of Rancho Cueamonga", dated March 5, 1984, with the currently effective Flood Insurance Rate Map is hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file in the offices of the City Engineer of the City of Rancho Cucamonga, California. C. Compllanee No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. D. Abrogation and Greater Restrictions This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and other chapters, easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. E. Interpretation In the interpretation and application of this chapter, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and, 3. Deemed neither to limit nor repeal any other powers. F. Warning and Disclaimer of Liability The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permited within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Rancho Cueamonga ,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. 19.12.060 Establishment of Development Permits A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 19.12.050 (B) Application for a Development Permit shall be made on forms, furnished by the City Engineer or authorized agent of the City Engineer and may include, but not be limited to; plans in duplicate 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. Ordinance No. 240 Page 6 19.12.070 Designation of Administrator The City Engineer of the City of Rancho Cucamonga is hereby appointed to administer and implement this chapter. SECTION 19.12.080 Responsibilities of Administrator The City Engineer is authorized and empowered to: A. Permit Review 1. Review all development permits to determine that the permit requirements of this chapter have been satisfied. 2. Review all permits to determine that the site is reasonably safe from flooding. 3. Review all development permits to determine if the proposed development "adversely affects" the flood carrying capacity of the area of special flood hazard. 4. Review all proposals for the development of 5 parcels or more to assure that the flood discharge exiting the development after construction is equal to or less than the flood discharge at the location prior to development or that adequate down stream facilities exist to safely accommodate increased flows. B. Use Of Other Base Flood Data When base flood elevation data has not been provided in accordance with Section 19.12.050(B) Basis for Establishing the Areas of Special Flood Hazard, the City Engineer shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, state, or other source, in order to administer Sections 19.12.110,120,130,140,150,160. C. Information To Be Obtained And Maintained Obtain and maintain for public inspection and make available as needed for Flood Insurance Policies: 1. the certified elevation required in Section 19.12.110(C)(1); (residential) 2. the certification required in Section 19.12.110(C)(2); (shallow flooding) 3. the floodproofing certification required in Section 19.12.110(C)(3); 4. the certified elevation required in Section 19.12.120(B) and (subdivision) 5. the anchoring certification required in Section 19.12.130(A); (mobile home) D. Alteration Of Watercourses 1. Notify adjacent communities and the Department of Water Resourses prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. 2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained. Ordinance No. 240 Page 7 E. Interpretation Of FIRM Boundaries Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions.) Any person contesting the location of the boundary shall be given a reasonable apportunity to appeal the interpretation as provided in Section 19.12.150 19.12.090 Maintenance Of Flood Protection Measures The maintenance of any and all flood protection measures, (levees, dikes, dams or reservoirs), will be provided by the City for any public improvements. If these measures are privately owned, an operation or maintenance plan will be required of the owner to be on file with the City Engineer. 19.12.100 Hazard Mitigation Plan The local agency or board responsible for reviewing all proposals for new development shall weigh all requests for future flood plain development against community's General Plan. Consideration of the following elements are required before approval: 1. Determination if proposed development is in or affects a known flood plain 2. Inform the public of the proposed activity 3. Determine if there is a practicable alternative or site for the proposed activity 4. Identify impact of the activity on the flood plain 5. Provide a plan to mitigate the impact of the activity with provisions in Section 19.12.080(A)(4). 19.12.110 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 anchored to prevent flotation, collapse or lateral movement of the structure. 2. All mobile homes shall meet the anchoring standards of Section 19.12.130(A). B. Construction Materials and Methods 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall use methods and practices that minimize flood damage. 3. All elements that funetlon as a part of the structure, such as furnace, hot water heater, air conditioner, etc., shall be elevated to or above the base flood elevation or depth number specified on the FIRM. Ordinance No. 240 Page 8 C. Elevation and Floodproofing 1. New construction and substantial improvement of any structure shall have the lowest habitable floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in Section 19.12.1!0(C)(3). Upon completion of the structure the elevation of the lowest habitable floor including basement shall be certified by a registered professional engineer or surveyor or verified by the local building inspector that elevation requirements have been met. Notification of compliance shall be recorded as set forth in Section 19.12.080(1)(3). 2. New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, elevated to or above the depth number specified on the FIRM. If there is no depth number on the FIRM, the lowest floor, including basement, shall be elevated to a depth of one foot above the highest adjacent grade. Non residential structures may meet standards in Section 19.12.110(C)(2). Upon completion of the structure compliance to the elevation requirement shall be certified by a registered professional engineer or surveyor or verified by the local building inspector. Notification of compliance shall be recorded as set forth in Section 19.12.080(C)(3). 3. Nonresidential shall either be elevated in conformance with Section 19.12.110(C)(1) or (2) or together with attendant utility and sanitary facilities. 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 bouyancy, 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 official as set forth in Section 19.12.080(C)(3). 4. Mobile homes shall meet the above standards and also the standards in Section 19.12.130. 19.12.120 Standards for Storage of Materials and Equipment A. The storage or processing of materials that are in time of flooding buoyant, flsmmsble, explosive, or could be injurious to human, animal or plant life is prohibited. B. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. 19.12.130 Standards for Utilities A. All new and replacement water supply and sanitary sewage systems under the control of the City of Rancho Cucamonga shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. B. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 19.12.140 Standards for Subdivisions A. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood as determined by the City Engineer. Ordinance No. 240 Page 9 B. All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be approved by the Building Inspector prior to issuance of an occupancy permit. 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 subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage as set forth in Section 19.12.080(A)(4). 19.12.150 Standards for Mobile Homes and Mobile Home Parks and Subdivisions A. All mobile homes and additions to mobile homes shall be anchored to resist flotation, collapse, or lateral movement by one of the following methods: 1. by providing an anchoring system designed to withstand horizontal forces of 15 pounds per square foot and up lift forces of 9 pounds per square foot; or 2. by the anchoring of the unit's system, designed to be in compliance to the Department of Housing and Development Mobile Home Construction and Safety Standards; or 3. As set forth in Section 19.12.080(C) certification meeting the standards above is required of the installer or state agency responsible for regulating the placement, installation and anchoring of individual mobile home units. B. The following standards are required for (a) mobile homes not placed in mobile home parks or subdivisions, (b) new mobile home parks or subdivisions, (o) expansions to existing mobile home parks or subdivisions and, (d) repair, reconstruction, or improvements to existing mobile home parks or subdivisions that equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. 1. Adequate surface drainage and access for a hauler shall be provided. 2. All mobile homes shall be placed on pads or Iots elevated on compacted fill or on pilings so that the lowest floor of the mobile home is at or above the base flood level. If elevated on pilings: a. the lots shall be large enough to permit steps; b. the pilings shall be placed in stable soll no more than ten feet apart and, c. reinforcement shall be provided for pilings more than six feet above the ground level. C. No mobile home shall be placed in a floodway, except in an existing mobile home park or existing mobile home subdivision. D. Certification of compliance is required of the developer responsible for the plan or state agency responsible for regulating mobile home placement. Ordinance No. 240 Page 10 19.12.160 Floodways Located within areas of special flood hazard established in Section 19.12.050(B) are areas designated as fIoodways. 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 improvements, and other development. B. If no floodway is identified then a set back 100 feet from the bank(s) of the watercourse will be established, where encroachment will be prohibited. 19.12.170 Appeals and Variance Procedure A. Appeal Board 1. The City Council shall hear and decide appeals and requests for variances from the requirements of this chapter. 2. 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 City Engineer in conformance with the provisions of this chapter. 3. 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: a. the danger that materials may be swept onto other lands to the injury of others; b. the danger of life and property due to flooding or erosion damage; c. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. the importance of the services provided by the proposed facility to the community; e. the availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage; f. the comparability of the proposed use with existing and anticipated development; g. the relationship of the proposed use to the comprehensive plan and flood plain management program for that area; h. the safety of access to the property in times of flood for ordinary and emergency vehicles; i. the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, J. the costs of providing governmental services during and after flood condition, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. Ordinance No. 240 Page 11 4. 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 items (a-J) in Section 19.12.150(A)(3) have been fully considered. As the lot size increased beyond the one-half acre, the technical Justification required for issuing the variance increases. 5. Upon consideration of the factors of Section 19.12.150(A)(3) and the purposes of this chapter, the City Council may attach such conditions to the granting of or appeal or variances as it deems necessary to further the purposes of this chapter. 6. The City Clerk shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. B. Conditions for Variances 1. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. 2. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 4. Variances shall only be issued upon a. a showing of good and sufficient cause such as renovation, rehabilitation or reconstruction. Variances issued for economic considerations, aesthetics, or because variances have been used in the past are not good and sufficient cause. b. a determination that failure to grant the variance would result in exceptional hardship to the applicant; and c. 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 on or victimization of the public, or conflict with existing local laws or chapters. 5. Any 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 base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. C. Conditions of Appeal Appeal of any action of the City Engineer may be made by any person by filing a written notice of appeal with the City Clerk within ten (10) calendar days following notification of said action. While an appeal is pending, the establishment of any affected structure or use is to be held in abeyance. In hearing such an appeal, the City Council may affirm, affirm in part, or reverse the previous interpretation which is subject to appeal, provided that an appeal is not to be granted only when relief sought should otherwise be granted through variance or amendment of this chapter. SECTION 2: The City Council finds that this Ordinance is in the best interests of the public health, safety, and welfare because it will permit property owners in the City to obtain flood hazard insurance which would otherwise not be available but for the adoption of this Ordinance. This Ordinance is hereby declared to be an urgency measure, and it shall take effect immediately upon its adoption. Ordinance No. 240 Page 12 SECTION 3: 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 Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 17th day of October, 1984. AYES: Wright, Buquet, Mikels, Dahl, King NOES: None ABSENT: None ATTEST: Beverly A/Authelet, City Clerk