HomeMy WebLinkAbout866 - Ordinances ORDINANCE NO. 866
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
SECTION 2:
19.12.010 - Authorization, findings, purpose and methods.
A. Statutory Authorization. The Legislature of the state of California has in Government Code
Section s 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 adopt the following
floodplain management regulations.
B. Findings of Fact.
1. 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.
2. These flood losses are caused by uses that are inadequately elevated, floodproofed, or
protected from flood damage. The cumulative effect of obstructions in areas of special
flood hazards that increase flood heights and velocities also contribute to the flood loss.
C. Statement of Purpose. It is the purpose of this chapter to promote the public health, safety,
and general welfare, and to minimize public and private losses due to flood conditions in
specific areas by provisions designed to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
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5. 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;
6. 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;
7. Ensure that potential buyers are notified that the property is in an area of special flood
hazard; and
8. Ensure that those who occupy the areas of special flood hazard assume responsibility
for their actions.
D. Methods of Reducing Flood Losses. In order to accomplish its purposes,this chapter includes
methods and provisions to:
1. 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;
2. Require that uses vulnerable to floods, including facilities that serve such uses, be
protected against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which help accommodate or channel flood waters;
4. Control filling, grading, dredging, and other development which may increase flood
damage; and
5. 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 in this section, words or phrases used in this chapter shall be
interpreted so as to give them the meaning they have in common usage and to give this chapter
its most reasonable application.
"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 chapter.
"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."
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"Area of special flood-related erosion hazard" means 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" means the area subject to severe mudslides
(i.e., mudflows). The area is designated as zone M on the flood insurance rate map (FIRM).
"Base flood" means a flood which has a one percent chance of being equaled or exceeded
in any given year (also called the "one-hundred-year flood"). "Base flood" is the term used
throughout this chapter.
"Basement" means any area of the building having its floor subgrade, i.e., below ground level,
on all sides.
"Breakaway walls" means any type of walls, whether solid or lattice, and whether constructed
of concrete, masonry, wood, metal, plastic or any other suitable building material, which 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 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:
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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.
"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 administrator" means 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 chapter 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.
"Floodplain or flood-prone area" means any land area susceptible to being inundated by
water from any source. See "Flooding."
Ordinance No. 866 - Page 4 of 19
"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 foot. Also referred to as "regulatory floodway."
"Floodway fringe" means that area of the floodplain on either side of the"regulatory floodway"
where encroachment may be permitted.
"Fraud and victimization" as related to Section 19.12.060, "Variances," of this chapter, 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" means 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 19.12.060, "Variances," of this chapter means the
exceptional hardship that would result from a failure to grant the requested variance. The city
council requires that the variance be exceptional, unusual, and peculiar to the property involved.
Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic
considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors
likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be
resolved through other means without granting a variance, even if the alternative is more
expensive, or requires the property owner to build elsewhere or put the parcel to a different use
than originally intended.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
"Historic structure" means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
Ordinance No. 866 - Page 5 of 19
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 floodproofing standard in Section 19.12.050(A)(3)(c) of this chapter;
b. The anchoring standards in Section 19.12.050(A)(1) of this chapter;
c. The construction materials and methods standards in Section 19.12.050(A)(2) of
this chapter; and
d. The standards for utilities in Section 19.12.050(B) of this chapter.
2. For residential structures, all subgrade-enclosed areas are prohibited as they are
considered to be basements(see"basement"definition).This prohibition includes below-
grade garages and storage areas.
"Manufactured home" means a structure, transportable in one or more sections, which is built
on a permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include a "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.
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"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) means and 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" means and 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." 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 19.12.060, "Variances," of this chapter
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. Four hundred square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a tight-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.
Ordinance No. 866 - Page 7 of 19
"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
chapter 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" means 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 in the floodplain subject to a one 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" means and 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 one hundred eighty 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 fifty 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 fifty 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."
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"Variance" means a grant of relief from the requirements of this chapter that permits
construction in a manner that would otherwise be prohibited by this chapter.
"Violation" means the failure of a structure or other development to be fully compliant with
this chapter. A structure or other development without the elevation certificate, other certifications,
or other evidence of compliance required in this chapter is presumed to be in violation until such
time as that documentation is provided.
"Water surface elevation" means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, (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.
A. Lands to Which this Chapter Applies. This chapter shall apply to all areas of special flood
hazards within the jurisdiction of the city.
B. 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) 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 adopted by reference and declared to be a part of this
chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter
and may be supplemented by studies for other areas which allow implementation of this
chapter and which are recommended to the city council by the floodplain administrator. 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.
C. Compliance. No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the term of this chapter and other applicable
regulations. Violation of the requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a misdemeanor. Nothing in this
chapter shall prevent the city council from taking such lawful action as is necessary to prevent
or remedy any violation.
D. Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. However, where this chapter
and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
E. Interpretation. In the interpretation and application of this chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
F. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter
is considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights may be
Ordinance No. 866 - Page 9 of 19
increased by man-made or natural causes. This chapter 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 chapter 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
chapter or any administrative decision lawfully made under this chapter.
G. Severability. This chapter and the various parts thereof are declared to be severable. Should
any section of this chapter be declared by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of the chapter as a whole, or any portion thereof other
than the section so declared to be unconstitutional or invalid.
19.12.040 - Administration.
A. 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 19.12.030(B) of this chapter. 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 are required:
1. Site plan, including but not limited to:
a. For all proposed structures, spot ground elevations at building corners and twenty-
foot or smaller intervals along the foundation footprint, or one-foot contour elevations
throughout the building site, and
b. Proposed locations of water supply, sanitary sewer, and utilities, and
c. If available, the base flood elevation from the flood insurance study and/or flood
insurance rate map, and
d. If applicable, the location of the regulatory floodway;
2. Foundation design detail, including but not limited to:
a. Proposed elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures, and
b. For a crawl-space foundation, location and total net area of foundation openings as
required in Section 19.12.050(A)(3)(c)of this chapter and FEMA Technical Bulletins
1-93 and 7-93, and
c. For foundations placed on fill, the location and height of fill, and compaction
requirements (compacted to ninety-five percent using the standard proctor test
method); and
3. Proposed elevation in relation to mean sea level to which any nonresidential structure
will be floodproofed, as required in Section 19.12.050(A)(3)(c)of this chapter and FEMA
Technical Bulletin TB 3-93; and
4. All appropriate certifications listed in subsection (C)(4) of this section; and
5. Description of the extent to which any watercourse will be altered or relocated as a result
of proposed development.
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B. Designation of the Floodplain Administrator. The city engineer is appointed to administer,
implement, and enforce this chapter by granting or denying development permits in accord
with its provisions.
C. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of
the floodplain administrator shall include, but not be limited to the following:
1. Permit Review. Review all development permits to determine that:
a. Permit requirements of this chapter have been satisfied,
b. All other required state and federal permits have been obtained,
c. The site is reasonably safe from flooding, and
d. The proposed development does not adversely affect the carrying capacity of areas
where base flood elevations have been determined but a floodway has not been
designated. For purposes of this chapter, "adversely affects" means that the
cumulative effect of the proposed development when combined with all other
existing and anticipated development will increase the water surface elevation of the
base flood more than one foot at any point;
2. Review, Use and Development of Other Base Flood Data.
a. When base flood elevation data has not been provided in accordance with Section
19.12.030(B) of this chapter, 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 of
this chapter. Any such information shall be submitted to the city council for adoption,
or
b. 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 of this chapter:
i. Simplified Method.
(A) One-hundred-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
(B) Base flood elevation shall be obtained using the Quick-2 computer program
developed by FEMA; or
ii. Detailed Method.
(A) One-hundred-year or base flood discharge shall be obtained using the U.S.
Army Corps of Engineers' HEC-HMS computer program, and
(B) Base flood elevation shall be obtained using the U.S. Army Corps or
Engineer's HEC-RAS computer program;
3. Notification of Other Agencies. In alteration or relocation of a watercourse:
a. Notify adjacent communities and the California Department of Water Resources
prior to alteration or relocation,
Ordinance No. 866 - Page 11 of 19
b. Submit new technical data to notify the Federal Insurance Administration, Federal
Emergency Management Agency of changes in the base flood elevation within 6
months, and
c. Assure that the flood-carrying capacity within the altered or relocated portion of such
watercourse is maintained;
4. Documentation of Floodplain Development. Obtain and maintain for public inspection
and make available as needed the following:
a. Certification required by Sections 19.12.050(A)(3)(a) and 19.12.050(D) of this
chapter(lowest floor elevations),
b. Certification required by Section 19.12.050(A)(3)(b) of this chapter (elevation or
floodproofing of nonresidential structures),
c. Certification required by Section 19.12.050(A)(3)(c) of this chapter (wet
floodproofing standard),
d. Certification of elevation required by Section 19.12.050(C)(2) of this chapter
(subdivision standards),
e. Certification required by Section 19.12.050(F)(1) of this chapter (floodway
encroachments),
f. Reports required by Section 19.12.050(G)(3) of this chapter (mudflow standards);
5. 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 of this chapter;
6. Remedial Action. Take action to remedy violations of this chapter as specified in Section
19.12.030(C) of this chapter.
D. 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 chapter.
19.12.050 - Provisions for flood hazard reduction.
A. Standards of Construction. In all areas of special flood hazards, the following standards are
required:
1. Anchoring.
a. 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.
b. All manufactured homes shall meet the anchoring standards of subsection D of this
section.
2. Construction Materials and Methods. All new construction and substantial improvement
shall be constructed:
Ordinance No. 866 - Page 12 of 19
a. With flood-resistant materials as specified in FEMA Technical Bulletin TB 2-93, and
utility equipment resistant to flood damage;
b. Using methods and practices that minimize flood damage;
c. 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
d. 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.
3. Elevation and Floodproofing. (See Section 19.12.010 definitions for"basement," "lowest
floor," "new construction," "substantial damage" and "substantial improvement.")
a. Residential construction, new or substantial improvement, shall have the lowest
floor, including basement:
i. 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;
ii. In an A zone, the lowest floor elevated to at least two feet above the base flood
elevation; such base flood elevation shall be determined by one of the methods
in Section 19.12.040(C)(2) of this chapter;
iii. 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.
b. Nonresidential construction, new or substantial improvement, shall either be
elevated to conform with subsection (A)(3)(a) of this section or together with
attendant utility and sanitary facilities:
i. Be floodproofed below the elevation recommended under subsection (A)(3)(a)
of this section so that the structure is watertight with walls substantially
impermeable to the passage of water;
ii. Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
iii. Be certified by a registered professional engineer or architect that the standards
of this subsection (A)(3)(b) of this section are satisfied. Such certification shall
be provided to the floodplain administrator.
c. 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 flood water. 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:
i. 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
Ordinance No. 866 - Page 13 of 19
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 flood water; or
ii. Be certified by a registered professional engineer or architect.
d. Manufactured homes shall also meet the standards in subsection D of this section.
B. Standards for Utilities.
1. All new and replacement water supply and sanitary sewage systems shall be designed
to minimize or eliminate:
a. Infiltration of flood waters into the systems; and
b. Discharge from the systems into flood waters.
2. On-site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
C. Standards for Subdivisions.
1. All preliminary subdivision proposals shall identify the special flood hazard area and the
elevation of the base flood.
2. 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.
3. All subdivision proposals shall be consistent with the need to minimize flood damage.
4. All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage.
5. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
D. Standards for Manufactured Homes.
1. 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:
a. Outside of a manufactured home park or subdivision;
b. In a new manufactured home park or subdivision;
c. In an expansion to an existing manufactured home park or subdivision; or
d. 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.
2. 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 subsections (D)(1) and G of this section.
3. All manufactured homes to be placed or substantially improved on sites in an existing
manufactured home park or subdivision within zones A1-30, AH, AE, V1-30, V, and VE
on the community's flood insurance rate map that are not subject to the provisions of
Ordinance No. 866 - Page 14 of 19
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:
a. Lowest floor of the manufactured home is at least two feet above the base flood
elevation;
b. Manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than thirty-six 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.
E. Standards for Recreational Vehicles.
1. All recreation vehicles placed on sites within zones A1-30, AH, and AE on the
community's flood insurance rate map will either:
a. Be on the site for fewer than one hundred eighty 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
b. Meet the permit requirements of Section 19.12.040 of this chapter and the elevation
and anchoring requirements for manufactured homes in subsection (D)(1) of this
section.
F. Floodways. Located within areas of special flood hazard established in Section 19.12.030(B)
of this chapter 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:
1. 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;
2. If subsection (F)(1) of this section is satisfied, all new construction, substantial
improvement, and other proposed new development shall comply with all other
applicable flood hazard reduction provisions of this section.
G. Mudslide (i.e., Mudflow) Prone Areas.
1. The floodplain administrator shall review permits for proposed construction of other
development to determine if it is proposed within a mudslide area.
2. 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:
a. The type and quality of soils;
b. Evidence of groundwater or surface water problems;
c. Depth and quality of any fill;
d. Overall slope of the site; and
Ordinance No. 866 - Page 15 of 19
e. Weight that any proposed development will impose on the slope.
3. Within areas that may have mudslide hazards, the floodplain administrator shall require
that:
a. A site investigation and further review be made by persons qualified in geology and
soils engineering;
b. The proposed grading, excavation, new construction, and substantial improvement
be adequately designed and protected against mudslide damages;
c. The proposed grading, excavations, new construction, and substantial improvement
not aggravate the existing hazard by creating either on-site or off-site disturbances;
and
d. Drainage, planting, watering, and maintenance not endanger slope stability.
H. Flood-Related Erosion-Prone Areas.
1. The floodplain administrator shall require permits for proposed construction and other
development within all flood-related erosion-prone areas as known to the community.
2. 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.
3. 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.
4. 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.
A. Nature of Variances. The variance criteria set forth in this section 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 chapter 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 chapter are more detailed and contain multiple provisions that must be met
Ordinance No. 866 - Page 16 of 19
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.
B. Appeal Board.
1. In passing upon requests for variances, the city council shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this chapter, and
the:
a. Danger that materials may be swept onto other lands to the injury of others;
b. Danger of life and property due to flooding or erosion damage;
c. 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;
d. Importance of the services provided by the proposed facility to the community;
e. Necessity to the facility of a waterfront location, where applicable;
f. Availability of alternative locations for the proposed use, which are not subject to
flooding or erosion damage;
g. Compatibility of the proposed use with existing and anticipated development;
h. Relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
i. Safety of access to the property in time of flood for ordinary and emergency vehicles;
j. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters expected at the site; and
k. 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.
2. Any applicant to whom a variance is granted shall be given written notice over the
signature of a community official that:
a. 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
twenty-five dollars for one hundred dollars of insurance coverage; and
b. Such construction below the base flood level increases risks to life and property. It
is recommended that a copy of the notice shall be recorded by the floodplain
administrator in the office of the county of San Bernardino recorder and shall be
recorded in a manner so that it appears in the chain of title of the affected parcel of
land.
3. 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.
C. Conditions for Variances.
1. 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 No. 866 - Page 17 of 19
chapter have been fully considered. As the lot size increases beyond one-half acre, the
technical justification required for issuing the variance increases.
2. Variances may be issued for the repair or rehabilitation of"historic structures" (as defined
in Section 19.12.020 of this chapter) upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as a historic
structure and the variance is the minimum necessary to preserve the historic character
and design of the structure.
3. Variances shall not be issued within any mapped regulatory floodway if any increase in
flood levels during the base flood discharge would result.
4. 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 chapter. 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.
5. Variances shall only be issued upon a:
•
a. Showing of good and sufficient cause;
b. Determination that failure to grant the variance would result in exceptional "hardship"
(as defined in Section 19.12.020 of this chapter) to the applicant; and
c. 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 of this chapter. See "public safety or
nuisance"), cause fraud or victimization (as defined in Section 19.12.020 of this
chapter) of the public, or conflict with existing local laws or ordinances.
6. 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 subsections (C)(1)through (5)of this section are satisfied
and that the structure or other development is protected by methods that minimize flood
damages during the base flood and does not result in additional threats to public safety
and does not create a public nuisance.
7. Upon consideration of the factors of subsection (A)(3) of this section and the purposes
of this chapter, the city council may attach such conditions to the granting of variances
as it deems necessary to further the purposes of this chapter.
Ordinance No. 866 - Page 18 of 19
PASSED, APPROVED, AND ADOPTED this 18th day of June 2014.
AYES: Alexander, Michael, Spagnolo, Williams
NOES: None
ABSENT: Steinorth
ABSTAINED: None
tennis- Michael, Mayor
ATTEST:
Ca 4/WA' daa
nice C. Reynolds, Cit Clerk
C/ I, JANICE C. REYNOLDS, 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 4th day of June 2014, and was passed
at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 18th day
of June 2014.
Executed this 19th day of June 2014, at Rancho Cucamonga, California.
91/Vni_A_. Rno / Ctgrk" e C. Reynolds, City C rk
Ordinance No. 866 - Page 19 of 19