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ORDINANCE NO. 757
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:
SECTION 1: Chapter 19.12 of the Rancho Cucamonga Municipal Code is to be amended to read
as follows:
SECTION 2:
19.12.010
19.12.011
19.12.012
CHAPTER 19.12
FLOODPLAIN MANAGEMENT REGULATIONS
19.12.010
19.12.020
19.12.030
19.12.040
19.12.050
19.12.060
Authorization. Findinas. Purpose and Methods
Definitions
General Provisions
Administration
Provisions for Flood Hazard Reduction
Variance Procedure
Authorization. Findinas. Purpose and Methods
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.
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. 757
Page 2 of 24
19.12.013
19.12.014
19.12.020
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 flooding and
generally undertaken at the expense of the general public;
D. minimize prolonged business interruptions;
E. minimize damage to public facilities and utilities such as water and gas mains;
electric, telephone and sewer lines; and streets and bridges located in areas of
special flood hazard;
F. help maintain a stable tax base by providing for the sound use and development
of areas of special flood hazard so as to minimize future blighted areas caused
by flood damage;
G. ensure that potential buyers are notified that property is in an area of special
flood hazard; and
H. ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
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 property due
to water or erosion hazards, or which result in damaging 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.
DEFINITIONS
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.
Ordinance No. 757
Page 3 of 24
"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
clearly 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 (Le., 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 equalled or
exceeded in anv aiven vear (also called the "1 DO-year flood"). Base flood is the term
used throughout this ordinance.
"Basement" means any area of the building having its floor subgrade - Le., below
around 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 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 certified by a registered
engineer or architect and shall meet the following conditions:
Ordinance No. 757
Page 4 of 24
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 runoff of surface waters from any source;
and/or mudslides (i.e., mudflows)--see "Mudslides"; and
2. the condition resulting from flood-related erosion - see "Flood-related
erosionu.
"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 f1oodway.
Ordinance No. 757
Page 5 of 24
"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 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 a flash flood or an abnormal
tidal surge, or by some similarly unusual 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.
"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 local regulations in any combination thereof which provide standards
for preventing and reducing flood loss and damage.
Ordinance No. 757
Page 6 of 24
"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. (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-
93 for guidelines on dry and wet floodproofing.)
"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 fool. 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.
"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.
Ordinance No. 757
Page 7 of 24
"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.
"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 f1oodproofing standard in Section 19.12.051 C.3;
b. the anchoring standards in Section 19.12.051 A;
c. the construction materials and methods standards in 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.
Ordinance No. 757
Page 8 of 24
"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 "recreational vehicle".
"Manufactured home park or subdivision" means a parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
"Market Value" 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.
"Mudslide" (i.e., mudflow) 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.
Ordinance No. 757
Page 9 of 24
"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 which is:
1. built on a single chassis;
2. 400 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 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 ridges or mounds
landward of the beach.
Ordinance No. 757
Page 10 of 24
"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, A1-A30, AE, A99, AH, V1-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
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".
19.12.030
19.12.031
19.12.032
19.12.033
Ordinance No. 757
Page 11 of 24
"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.
GENERAL PROVISIONS
LANDS TO WHICH THIS ORDINANCE APPLIES.
This ordinance shall apply to all areas of special flood hazards within the jurisdiction
of the City.
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 Flood Insurance
Studv (FIS) for the City of Rancho Cucamonga 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
and/or revisions, are hereby adopted by reference and declared to be a part of this
ordinance. This FIS 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, FIS, FIRMs and FBFMs are on file in the
office of the City Engineer located at 10500 Civic Center Drive, Rancho Cucamonga,
CA 91729.
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 law1ul
action as is necessary to prevent or remedy any violation.
Ordinance No. 757
Page 12 of 24
19.12.034
19.12.035
19.12.036
19.12.037
19.12.040
19.12.041
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.
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.
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 City
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.
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.
ADMINISTRATION
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:
19.12.042
19.12.043
Ordinance No. 757
Page 13 of 24
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
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.
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.
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
Ordinance No. 757
Page 14 of 24
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 Fioodplain Administrator shall obtain, review, and
reasonably utilize any base flood elevation and f100dway 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 date 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
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 or
Engineer's HEC-RAS computer program.
C. Notification of Other AQencies.
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.
19.12.044
19.12.050
19.12.051
Ordinance No. 757
Page 15 of 24
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. certification required by Section 19.12.051 C.2 (elevation or floodproofing of
nonresidential structures),
3. certification required by Sections 19.12.051 C.3 (wetfloodproofing 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.
F. Remedial Action.
Take action to remedy violations of this ordinance as specified in Section
19.12.033.
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.
PROVISIONS FOR FLOOD HAZARD REDUCTION
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.
Ordinance No. 757
Page 16 of 24
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 floodproofinq.
(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.
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 flood proofed 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;
19.12.052
19.12.053
Ordinance No. 757
Page 17 of 24
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 soley 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 exceed the following minimum
criteria:
8. 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.
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.
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.
Ordinance No. 757
Page 18 of 24
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.
C. All manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within Zones A 1-30, 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
19.12.056
19.12.057
Ordinance No. 757
Page 19 of 24
STANDARDS FOR RECREATIONAL VEHICLES.
A. All recreation 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
19.12.054 A.
FLOODWAYS.
Located within areas of special flood hazard established in Section 19.12.032 are
areas designated as floodways. Since the f100dway 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 Section19.12.056 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.
MUDSLlDE (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.
Ordinance No. 757
Page 20 of 24
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 or
off-site disturbances; and
4. drainage, planting, watering, and maintenance not endanger slope stability.
19.12.058
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
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
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 PROCEDURE
19.12.060
19.12.61
19.12.062
Ordinance No. 757
Page 21 of 24
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.
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;
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;
Ordinance No. 757
Page 22 of 24
19.12.063
. "
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 seNices 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 pf the County of San Bernardino
Recorder and shall be recorded in a manner so.thatit appears in the chain of
title of the affected parcel of land.
C. The Floodplain Administrator will maintain a record of all 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.
CONDITIONS FOR VARIANCES.
I}.. 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 rehabilitation 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
preseNe the historic character and design of the structure.
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 minimum of deviation from the requirements
of this ordinance. For example, in the case of variances to an elevation requirement,
this means the City Council need not orant 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 preseNe the
integrity of the local ordinance.
Ordinance No. 757
Page 23 of 24
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 structu re 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.
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 one in The Daily Bul'etin,
a newspaper of general circulation published in the City of Ontario, California, and
circulated in the City of Rancho Cucamonga, California.
Please see the following page
for formal adoption, certification and signatures
Ordinance No. 757
Page 24 of 24
PASSED, APPROVED, AND ADOPTED this 19'h day of April 2006.
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
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 5'h day of April 2006, and was passed at a Regular
Meeting of the City Council of the City of Rancho Cucamonga held on the 19'h day April 2006.
Executed this 20'h day of April 2006, at Rancho Cucamonga, California.