HomeMy WebLinkAbout545 - Ordinances ORDINANCE NO. 545
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:
CHAPTER 19.12
FLOODPLAIN MANAGEMENT REGULATIONS
SECTIONS 2:
19.12.010 Authorization, Findings, Purpose and Methods
19.12.020 Definitions
19.12.030 General Provisions
19.12.040 Administration
19.12.050 Provisions for Flood Hazard Reduction
19.12.060 Variance Procedure
19.12.010 Authorization, Findings, Purpose and Methods
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.
Ordinance No. 545
Page 2
B. These flood losses are caused by uses that are inadequately elevated, flood
roofed, or protected from flood damage. The cumulative effect of obstructions
in areas of special flood hazards which increase flood heights and velocities
also contribute to the flood loss.
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 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.
19.12.014 METHODS OF REDUCING FLOOD LOSSES. In order to
accomplish its purposes, this ordinance includes methods and provisions to
A. restdct 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 which 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 flood waters;
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Page 3
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.
'19.12.020 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.
"Accessory use" means a use which 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
intefpretation 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-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 flood hazard"- See "Special flood hazard area."
"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).
Ordinance No. 545
Page 4
"Base flood" means a flood which has a one percent chance of being equaled
or exceeded in any given year (also called the "100-year flood"). Base flood is
the term used throughout this ordinance.
"Basement"' means any area of the building having its floor subgrade - i.e.,
below ground level - on all sides.
"Breakaway walls" are any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other suitable
building material which is not part of the structural support of the building and
which is designed to break away under abnormally high tides or wave action
without causing any damage to the structural integrity of the building on which
they are used or any buildings to which they might be carried by 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:
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, or V.
"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
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Page 5
minimum, the installation of utilities, the construction of streets, and either final
site gradin9 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 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.
"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. 545
Page 6
"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.
"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.
"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.
"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 encroachment lines" means the lines marking the limits of
floodways on Federal, state and local floodplain maps.
"Floodway fringe" is that area of the floodplain on either side of the "Regulatory
Floodway" where encroachment may be permitted.
Ordinance No. 545
Page 7
"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 {community
governing body} 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 which 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
exceDtional hardship that would result from a failure to grant the requested
variance. The {governing body} 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;
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Page 8
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 with 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. An unfinished or flood resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement area
(see "Basement") is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation of the applicable
non-elevation design requirements of this ordinance. (Note: This definition
allows attached garages to be built at grade. Below grade garages are not
allowed as they are considered to be basements.)
"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.
"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. 545
Page 9
"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.
"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.
"Principal structure" means a structure used for the principal use of the
property as distinguished from an accessory use.
"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.
Ordinance No. 545
Page 10
"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.
"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.
"Sheet flow area" - see "Area of shallow flooding".
"Special flood hazard area (SFHA)" means an area having special flood,
mudslide (i.e., mudflow), or flood-related erosion hazards, and shown on an
FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, E, or M.
"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.
Ordinance No. 545
Page 11
"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 which 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
which permits construction in a manner that would otherwise be prohibited by
this ordinance.
"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.
19.12.030 GENERAL PROVISIONS
19.12.031 LANDS TO WHICH THIS ORDINANCE APPLIES. This ordinance
shall apply to all areas of special flood hazards within the jurisdiction of the City.
Ordinance No. 545
Page 12
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 Flood
InsuranCe Study (FIS) dated March 5, 1984 and accompanying Flood Insurance Rate Maps
(FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated September 5, 1984, 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, FIRMs and FBFMs are on file in the
office of the City Engineer located 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
Ordinance No. 545
Page 13
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.
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.
19.12.040 ADMINISTRATION
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. Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures - in Zone AO, elevation of highest adjacent
grade and proposed elevation of lowest floor of all structures; or
B. proposed elevation in relation to mean sea level to which any structure will
be floodproofed, if required in Section 19.12.051 C.3; and
C. all appropriate certifications listed in Section 19.12.043 D of this ordinance;
and
D. 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.
Ordinance No. 545
Page 14
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 and Use of Any Other Base Flood Data. 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.
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 (floor elevations),
2. certification required by Section 19.12.051 C.2 (elevation or
floodproofing of nonresidential structures),
Ordinance No. 545
Page 15
3. certification required by Sections 19.12.051 C.3 (wet
floodproofing 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 D (mudflow standards).
E. Map DeterminatiOns. Make interpretations where needed, as to the exact
location of the boundaries of the areas of special flood hazard, for example,
where there appears to be a conflict between a mapped boundary and actual
field conditions. The person contesting the location of the boundary 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.
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 PROVISIONS FOR FLOOD HAZARD REDUCTION
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.
Ordinance No. 545
Page 16
B. Construction materials and methods. All new construction and substantial
improvement shall be constructed ·
1. with materials 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 19.12.020 definitions for "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 one foot, or elevated at least three feet above the highest
adjacent grade if no depth number is specified.
b. in an A zone, elevated at least one foot above the base flood
elevation, as determined by the community.
c. in all other Zones, elevated at least one foot above the base
flood elevation.)
Upon the completion of the structure, the elevation of the lowest floor including
basement shall be certified by a registered professional engineer or surveyor, or verified
by the community building inspector to be properly elevated. Such certification or
verification shall be provided to the Floodplain Administrator.
2. Nonresidential construction 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;
Ordinance No. 545
Page 17
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 must exceed the
following minimum criteria:
a. be certified by a registered professional engineer or architect;
or
b. be certified to comply with a local floodproofing standard
approved by the Federal Insurance Administration, Federal Emergency
Management Agency, or
c. 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,
Iouvers, valves or other coverings or devices provided that they permit
the automatic entry and exit of floodwater.
4. Manufactured homes shall also meet the standards in Section
19.12.054.
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.
Ordinance No. 545
Page 18
19.12.053 STANDARDS FOR SUBDIVISIONS.
A. All preliminary subdivision proposals shall identify the 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 final first 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 at least one foot above the base flood elevation
and be securely anchored to an adequately anchored foundation system to
resist flotation collapse and lateral movement.
B. All manufactured homes to be placed or substantially improved on sites in
an existing manufactured home park or subdivision within Zones A1-30, AH, and
AE. on the community's Flood Insurance Rate Map that are not subject to the
provisions of paragraph 19.12.054 A will be elevated so that either the
Ordinance No. 545
Page 19
1. lowest floor of the manufactured home is at least one foot above
the base flood elevation, or
2. manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are no less
than 36 inches in height above grade and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse, and
lateral movement.
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,
2. 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
3. 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.
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 or architect 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.
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.
Ordinance No. 545
Page 20
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 the
1. 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 which may have mudslide hazards, the Floodplain
Administration 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.
Ordinance No. 545
Page 21
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.
19.12.060 VARIANCE PROCEDURE
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;
Ordinance No. 545
Page 22
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;
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
Bemardino 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 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.
Ordinance No. 545
Page 23
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 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 preserve 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 grant 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
Ordinance No. 545
Page 24
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.
SECTION 2: 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.
PASSED, APPROVED, and ADOPTED this 16th day of August, 1995.
AYES: Alexander, Biane, Curatalo, Gutierrez, Williams
NOES: None
ABSENT: None' ("' / c'~illlam J. de~ande Mayor
ATTEST:
Debra J. Adarn~,,' CMC, 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 2nd day of August, 1995, and was passed at a regular meeting
of the City Council of the City of Rancho Cucamonga held on the 16th day of August, 1995.
Executed this 17th day of August 1995, at Rancho .~~,.~.n~2a;,.Ca.l.~r. ni~~.~5;
Debra J. Adar~, CMC, City Clerk