HomeMy WebLinkAbout329 - Ordinances ORDINANCE NO. 329
AN ORDINANCE OF THE CITY OF RANC~O O3CAMDNGA, CALIFORNIA.
AMENDING (14APTER 19.12 OF THE RANfHO O3CAMOM3A MUNICIPAL
CODE, PROVIDING FOR FLOOD DAMAGE PREVENTION
The City Council of the City of Rancho Cucamonga, does ordain as
fo11~qs:
SECTION 1: Chapter 19.12 of the Rancho Cucamonga Municipal Code is to
he amended to read as follows:
CHAPTER 19.12
FLOOD DAMAGE PREVENTION
Sections:
19.12.010 Findings and Determinations
19.12.020 Purpose
19.12.030 Methods of Reducing Flood Losses
19.12.0 40 Def initi ons
19.12.050 General Provisions
19.12.060 Establishment of Development Permits
19.12.070 Designation of Floodplaln Administrator
19.1 2.080 Duties and Responsibi/ities of Floodplain Administrator
19.12.100 Hazard Mitigation Plan
19.12.110 Standards of Construction
19.12.120 Standards for Storage of Materials and Equipment
19.12.130 Standards for Utilities
19.12.140 Standards for Subdivisions
19.12.150 Standards for Manufactured Homes and Manufactured Home
Parks and Subdivisions
19.12.160 Floodways
19.12.170 Appeals and Variance Procedure
19.12.010 Findings and Determinations
The City Council finds and determines that:
A. The flood hazard areas of the city are subject to periodic
inundation which may result 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 ~x.base,
all of which adversely affect the public health. safety and general welfare.
Ordinance No. 3 29
Page 2
B. These flood losses are caused by the cumulative effect of
obstructions in areas of special flood hazards which increase flood heights and
velocities, and when inadequately anchored, damage uses in other areas. Uses
that are inadequately floodproofed, elevated or otherwise protected from flood
damage also contribute to the flood loss.
19.12.020 Purpose
It is the purpose of this chapter to promote the public health,
safety, and general welfare, and to minimize public and private losses due to
flood conditions in specific areas by provisions designed:
A. To protect human life and health;
B. To minimize expenditure of public money for costly flood control
pro; ects;
C. To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as
water and gas mains. electric. telephone and sewer lines. streets and bridges
located in areas of special flood hazard;
F. To help maintain a stable tax base by providing for the second use
and development of areas of special flood hazard so as to minimize future flood
blight areas;
G. To insure that potential buyers are notified that property is in
an area of special flood hazard; and
H. To insure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
19.12.030 Methods of Reducin8 Flood Losses
In order to accomplish its purposes, this chapter includes methods
and provisions for:
A. Restricting or prohibiting uses which are dangerous to health.
safety, and property due to water or erosion hazards, or which result in
damaging increases in erosion or in flood heights or velocities;
B. Requiring that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time of initial
construction;
C. Controlling the alteration of natural floodplains, stream
channels, and natural protective barriers. which help accommodate or channel
flood waters;
Ordinance No. 3 29
Page 3
D. Controlling filling, grading, dredging, and other development
which may increase flood damage: and
E. Preventing or regulating the construction of flood barriers which
will unnaturally divert flood waters or which may increase flood hazards in
other areas.
19.12.040 Definitions
Unless specifically defined belaw, words or phrases used in this
chapter shall be interpreted so as to give then the meaning they have in common
usage and to give this chapter its most reasonable application.
A. "Adversely affects" means that the cumulative effect of the
proposed development when combined with all other existing and anticipated
development wi/1 not increase the water surface elevation of the base flood to
a degree that significantly impacts special flood hazard areas.
B. "Appeal" means a request for review of the City Engineer's
interpretation of any provision oF this chapter or a request for a variance.
C. "Area of shallow flooding" means a designated AO or AR Zone on the
Flood Insurance Rate Hap (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 flo~ ms/be evident.
D. "Area of special flood hazard" - See "Special flood hazard area".
E. "Base flood" means the flood having a one percent chance of being
equalled or exceeded in any given year (also called the "100-year flood").
F. "Basement" means any area of the building having its floor
subgrade (belo~ ground level) on all sides.
G. "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. Breaksway 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
simu/taneously in the event of the base flood.
Ordinance No. 3 29
Page 4
H. "Development" means any m-made change to improved or unimproved
real estate, including but not limited to buildings or other structures.
mining, dredging, filling, grading, paving, excavation or drilling operations
located within the area of special flood hazard.
I. "Existing manufactured home park or manufactured home subdivision"
means a parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale for which the construction of
facilities for servicing the lot on which the manufactured home is to be
affixed (including, at a minimum, the installation of utilities, either final
site grading or the pouring of concrete pads, and the construction of streets)
is completed before the effective date of this chapter.
J. "Expansion to an existing manufactured home park or manufactured
home 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, either final
site grading or pouring of concrete pads, or the construction of streets).
K. "Flood or flooding" means a general and temporary condition of
partial or complete inundation of normally dry land areas from (1) the overflow
of flood waters, (2) the unusual and rapid accumulation or runoff of surface
waters from any source, and/or (3) the collapse or subsidence of land along the
shore of a lake or other body of water as a result of erosion or 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
flash flood or an abnormal tidal surge, or by some simLlarly unusual and
unforeseeable event which results in flooding as defined in this definition.
L. "Flood Boundary and Floodway Map" means the official map on which
the Federal Emergency Management A~ency or Federal Insurance Administration has
delineated both the areas of flood hazard and the floodway.
M. "Flood Insurance Rate Map (FIRM)" means the official map on which
the Federal Emergency Management ASency or Federal Insurance Administration has
delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
N. "Flood Insurance Study" means the official report provided by the
Federal Insurance Administration that includes flood profiles, the FIRM, the
Flood Boundary and Floodway Map, and the water surface elevation of the base
flood.
0. "Floodplain or flood-prone area" means any land area susceptible
to being inundated by water from any source (see definition of "flooding").
P. "Floodplain management" means the operation of an overall program
of corrective and preventive measures for reducing flood damage, including but
not limited to emergency preparedness plans, flood control works and floodplain
management regulations.
Ordinance No. 329
Page 5
Q. "Floodplain mana2ement re2ulations" means zoning ordinances,
subdivision regulations, buildlng codes, heath regulations, special purpose
ordinances (such as floodplain ordinance, grading ordinance and erosion control
ordinance) and other applications of police power. The term describes such
state or local regulations in any combination thereof, which provide standards
for the purpose of flood damage prevention and reduction.
R. "Floodproofing" means any combination of structural and
nonstructural additions, changes, or adjustments to structures which reduce or
elimirmte flood damage to real estate or improved real property, water and
sanitary facilities, structures and their contents.
S. "Flood-related erosion" means a condition that exists in
conjunction with a flooding event that alters the composition of the shoreline
or bank of a watercourse, or a condition that increases the possibility of loss
due to the erosion of the land area adjacent to the shoreline or watercourse.
T. "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".
U. "Habitable floor" means any floor usable for living purposes,
which includes working, sleeping, eating or recreation, or combination
thereof. For flood insurance purposes habitable floor and lowest floor will
share the same definition.
V. "Hazard mitigation plan" means a plan that incorporates a process
whereby the potential of future loss due to flooding can be minimized by
planning and implenenting alternatives to floodplain development community
wide.
W. "Highest adjacent ~rade" means the highest natural elevation of
the ground surface prior to construction next to the proposed walls of a
structure.
X. "Lowest floor" means the lowest floor of the lowest enclosed area
(including basement). An tmfinished or flood resistant enclosure, usable
solely for parking of vehicles, building access or storage in an area other
than a basement ares is not considered a buildingss 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.
Yo "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 connected to the required
utilities. For floodplain management purposes the term "manufactured home"
also includes park trailers, travel trailers and other similar vehicles placed
on a site for greater that 180 consecutive days.
Ordinance No. 3 29
Page 6
Z. "Manufactured home park or subdivision" means a parcel (or
contiguous parcels) of land divided into two or more manufactured home lots for
sale or rent.
AA. "Mean sea level" means, for purposes of the National Flood
Insurance Program the National Geodetic Vertical Datum (N3VD) of 1929 or other
datum, to which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
BB. "New construction" means, for floodplain management purposes,
structures for which the "start of construction" commenced on or after the
effective date of a floodplain management regulation adopted by the City of
Rancho Cucamonga.
CC. "New manufactured home park or manufactured home subdivision"
means a parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale for which the construction of
facilities or servicing the lot (including, at a minimum, the installation of
utilities, either final site grading or the pouring of concrete pads, and the
construction of streets) is completed on or after the effective date of this
ch apt er.
DD. "One hundred year flood" or "100-year flood" means a flood which
has a one percent annual probability of being equaled or exceeded. It is
identical to the "base flood", which will he the term used throughout this
ordinance.
EE. "Person" means an individual or his agent, firm, partnership,
association or corporation, or agent of the aforementioned groups, or this
state or its agencies or political subdivisions.
FF. "Remedy a violation" means to bring the structure or other
development into compl lance w ith S tare or 1 ocal floodpl ain management
regulations, or, if this is not possible, to reduce the impacts of its
noncompliance. Ways that impacts may be reduced include protecting the
structure or other affected development from flood damages, implementing the
enforcement provisions of the ordinance or otherwise deterring future similar
violations, or reducing Federal financial exposure with regard to the structure
or other development.
GG. "Rivefine" means relating to, formed by, or resembling a river
(including tributaries), stream, brook, etc.
HM. "Special flood hazard area (SF~A3" means an area having special
flood or flood-related erosion hazards, and shown on an F~BM or FIRM as Zone A,
AO, A1-30, AE, A99 or AH.
II. "Start of construction" means the first placement of permanent
construction of a structure (other than a manufactured home) on a site, such as
the pouring of slabs or footings or any work beyond the state of excavation.
Permanent construction does not include land preparation, such as clearing,
Ordinance No. 3 29
PaSe 7
SradlnS, and fillinS, nor does it include the installation of streets and/or
walk~ays; nor does it include excavation for a basement, footinSs, piers. or
foundations or ~he erection of temporary form; nor does it include the
installation on the property of accessory buildinSs, such as SaraSea or sheds
not occupied as d~ellinS units or not as part of ~he main structure. For a
structure (o~her than a manufactured home) without a basement or poured
footinSs, the "start of construction" includes the first permanent freminS or
assembly of the structure or any part thevee§-en its pit~nS.~r foundation. For
manufactured homes not within a manufactured home park or manufactured home
subdivision, "start of constructi6n"' means 'the affix£nS' bf [he ~anufactured
home to its permanent site. For manufactured homes within manufactured home
parks or manufactured home subdivisions "start of construction" is the date on
which the construction of facilities for servicinS the site on which the
manufactured home is to be affixed (includinS), at a minimum, the construction
of streets, either final site SradinS or the pourinS of concrete pads. and
installation of utilities is completed.
JJ. "Structure" means a walled and roofed buildinS, includinS a Sas
or liquid storaSe tank, that is principally above Sround, as well as a
manufactured home.
KK. "Substantial improvement" means any repair. reconstruction, or
~mprovement of a structure, the cost of which equals or exceeds fifty percent
of the market value of the structure either:
1. Before the improvement or repair is started; or
2. If the structure has been damaSed and is beinS restored, before
the damaSe occurred. For the purposes of this definition,
"substantial improvement" is considered to occur when the first
alteration of any wall. ceilinS, floor,or other structural part of the
buildinS commences. whether or not that alteratlon affects the
external dimensions of the structure.
............ -ul~ubsta~tial imPr~vemeBt.~.~Des n~t.-hewever, inct:trd{ng-ei~h~r:
1, Any project for improvement of a structure to comply with existlnS
state or local heath, sanitary, or safety code specifications which
are solely necessary to assure safe livinS conditions; or
2, Any alteration of a structure listed on the National Re~ister of
Historic Places or a state inventory of historic places,
LL, "Variance" means a Srant of relief from the requirements of this
chapter which permits construction in a manner that would otherwise be
prohibited by this chapter,
Ordinance No. 329
PaSe 8
MM. "Violation" means the failure of a structure or other
development to be fully complaint with the City of Rancho Cucsmonga's
floodplain management regulations. A structure or other development without
the elevation certificate, other certifications, or other evidence of
compliance required in this ordinance is presumed to be in violation until such
time as that documentation is provided.
19.12.050 General Provisions.
A. Land to ~hich This Chapter Applies
This chapter shall apply to all areas of specieS flood hazards within
the jurisdiction of the City of Rancho Cucamonga.
B. Basis for Establishing the Areas of Special Flood Hazard
The areas of specieS flood hazard identified by the FederaS Insurance
Administration, through the FederaS Emergency Management ASency in a scientific
and engineering report entit/ed "The Flood Insurance Study for the City of
Rancho Cucamonga," dated March 5, 1984, with the currently effective Flood
Insurance Rate Map is adopted by reference and declared to be a part of this
chapter. The floor insurance study is on file in the office of the City
Engineer of the City of Rancho Cucamonga.
C. Compliance
No structure or land shall hereafter be constructed, located,
extended, converted, or eStered without full compliance with the terms of this
chapter and other applicable regulations.
D. Abrogation and Greater Restrictions
This chapter is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However, where this
chapter and other chapters, easements, covenants, or deed restrictions conflict
or overlap, whichever imposes the more stringent restrictions shall prevail.
E. Interpretation
In the interpretation and application of this chapter, all provisions
shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body;
3. Deemed neither to limit nor repeal any other powers.
Ordinance No. 3 29
Page 9
........... :,~, _.I~a~II~ng and Disclaimer .of/~ia/)ilit~
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 wi/1 occur on rare occasions. Flood
height~ may-be increased by man-made or natural causes. 'This ~h'apter does not
imply that land outside the areas of special flood hazards or uses permitted
within such areas wl/1 be free from flooding or damages. This chapter shall
not create liability on the part of the City, any officer or employee thereof,
or the Federal Insurance Administration, for any flood damages that result from
re1 iance on this chapter or any administrative decision 1as fully made
th ereunder.
19.12.060 Establishment of Development Permits
A Development Permit shall be obtained before construction or
development begins within any area of special flood hazard established in
Section 19.12.050(B). Application for development permit shall be made on
forms. furnished by the City Engineer or authorized agent oF the City Engineer
and may include, but not be limited to= plans in dupllcate scale showing the
nature, location, dimensions, and elevation of the area in question= existing
or proposed structures, fill, storage of materials, drainage facillties~ and
the location of the foregoing.
19.12.070 Designation of Floodplain Administrator
Th~ City Engineer of the City of Rancho Cucamonga is appointed to
administer and implement this ordinance by denying development permits in
accordance with its provisions.
19.12.080 Duties and Responsibilities of Administrator
The City Engineer is authorized and empowered to:
A. Permit review
1. Review all development permits to determine that the permit
requirements of this ordinance have been met.
2. Review all development permits to determine that all other
required state and federal permits have been obtained.
3. Review all development permits to determine that the site is
reasonably safe from flooding.
- erdin~nce-~;- 8~9
Page 10
4. Require until a regulatory floodway is designated, that no new
construction, substantial improvements, or other development
(including fill) shall be permitted within Zones A1-30 and AE on
communityt s FIRM, unless it is demonstrated that the cumulative effect
of the proposed deve/opment, when combined with all other existing and
anticipated development, wi/1 not increase the water surface elevation
of the base flood more than one foot at any point within the
community.
5. Revie~ all development permits to determine if the proposed
development adversely affects the flood carrying capacity of the area
of special flood hazard~
6. Review all proposals for the davelopment of five parcels or more
to assure that the flood discharge exiting development after
construction is equal to or less than the flood discharge at the
location prior to develapment or that adequate down &treem facilities
exist to safely accommodate increased flows.
B. Use of Other Base Flood Data
........ ~nen- ~ flood B~=vrtiun-'da~a"has fiDt been provffl~i in~'a~Y~a~e
with Section 19.12.050(B), the City Engineer shall obtain, review, and
reasonably utilize any base flood elevation data available from a Federal.
State. or other source. in order to administer Sections 19.12.110 through
19.12.160. Any such information shall be submitted to the City Council for
adoption.
Information to be Obtained and Maintained
Obtain and maintain for public inspection and make available as needed
for flood insurance policies:
1. The certified elevation required in Section 19.12.110(C) (1)
(residential);
2. The certification required in Section 19.12.110(C) (2) (shellow
flooding);
3. The floodproofing certification required in Section
19.12.110(6) (3);
4. The certified elevation required in Section 19.12.140(B)
(subdivision); and ,4
5. The anchoring certification required in Section 19.12.150(A)
(manufactured home).
Ordinance No. 3 29
Page 11
D. Alteration of Watercourses
1. Notify adjacent communities and the Department of Water Resources
prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Emergency Management
A~ency.
2. Require that the flood-carrying capacity oF the altered or
relocated portion of said watercourse be maintained.
E. Interpretation of FIRM Boundaries
Make interpretations where needed. as to the exact location of the
boundaries of the areas of special flood hazards (for example. where there
appears to be a conflict between a mapped boundary and actual field
conditions). Any person contesting the location of the boundary shall be given
a reasonable opportunity to appeal the interpretation as provided in Section
19.12.170.
F. Take action to remedy violations of this ordinance as specified
in Section 19.12.050 herein.
19.12.090 Maintenance of Flood Protection Heasures
The maintenance of any and all flood protection measures (levees.
dikes, dams or reservoirs). will be provided by the City for any public
improvements. If these measures are privately owned, an operation or
maintenance plan will be required of the owner to be on file with the City
Engineer.
19.12.100 Hazard Mitigation Plan
The local agency or board responsible for reviewing all proposals for
new development shall weigh all requests for future floodplain development
against community's General Plan. Consideration of the following elements are
required before approval.
1. Determination if proposed development is in or affects a known
floodpl din;
2. Inform the public of the proposed activity:
3. Determine if there is a practicable alternative or site for the
proposed activity;
4. Identify impact of the activity on the floodplain;
5. Provide a plan to mitigate the impact of the activity with
provisions in Section 19.12.080(A)(4).
Ordinance No. 329
Page 12
19.12.110 Standards of Construction
In all areas of special flood hazards, the following standards are
required:
A. Anchorin~
1. All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of the
structure resulting from hydrodynemic and hydrostatic loads, including
the effect of buoyancy.
2. All manufactured ho~es _shallr_meet the anchoring standards of
Section 19.12.150(A).
B. Construction Materials and Methods
1. All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage.
2. All new construction and substantial improvements shall use
methods and practices that minimize flood damage.
3. All new construction and substantial improvements shall be
constructed 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.
4. Require within Zones AH or AO, adequate drainage paths around
structures on slopes to guide flood waters around and away from
proposed structures.
C. Elevation and Floodproofin8
1. New construction and substantial improvement of any structure
shall have the lowest floor, including basement, elevated to or above
the base flood elevation. Nonresidential structures may meet the
standards in Section 19.12.110(C)(3). 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 City Building Inspector to be properly elevated. Such
certification or verification shall be provided to the Floodplain
Administrator.
2. New construction and substantial improvement of any structure in
Zone AH or AO shall have the lowest floor, including basement,
elevated above the highest adjacent grade at least as high as the
depth number specified in feet on the FIRM, or at least ~wo feet if no
depth number is specified. Nonresidential structures may meet the
Ordinance No. 329
Page 13
standards in Section 19.12.110(C)(3). 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 City Building
Inspector to be properly elevated. Such certification or verification shall be
provided to the Floodplain Administrator.
3. Nonresidential construction shall either be elevated in
conformance with Section 19.12.110(C)(1) or (C)(2) or together with
attendant utility and sanitary facilities:
a. Be floodproofed so that below the base flood level the
structure is watertight with walls substantially impermeable to
the passage of water;
b. Have structural components capable of resisting hydrostatic
and hydrodynemic loads and effects of buoyancy; and
c. Be certified by a registered professional engineer or
architect that the standards of this subsection are satisfied.
Such certifications shall be provided to the Floodplain
Administrator.
4. Require. for all new construction and substantial improvements.
that fully enclosed areas below the lowest floor that are subj act to
flooding shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of
floodwaters. Design for meeting this requirement must either be
certified by a registered professional engineer or architect or meet
or exceed the following minimum criteria:
a. Either 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 shall be provided. The bottom of all
openings shall be no higher than one foot above grade. Openings
may be equipped with screens. louvers. valves or other coverings
or devices provided that they permit the automatic entry and exit
of floodwaters; or
b. Be certified to comply with a local floodproofing standard
approved by the Federal Insurance Administration.
5. Manufactured homes shall also meet the standards in Section
19.12.150
19.12.120 Standards for storaSe of materials and equipment
A. The storage or processing of materials that are in time of
flooding buoyant. flammable. explosive. or could be injurious to human. animal
or plant life is prohibited.
Ordinance No. 329
Page 14
B. Storage of other material or equipment may be allowed if not
subject to major damage by floods and firmly anchored to prevent flotation or
if readily removable from the area within the time available after flood
warning.
19.12.130 Standards for utillties
A. All new and replacement water supply and sanitary sewage systems
under the control of the City of Rancho Cucamonga shall be designed to minimize
or eliminate infiltration of flood waters into the system and discharge from
systems into flood waters.
B. On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
19.12.140 Standards for subdivisions
A. All preliminary subdivision proposals shall identify the flood
hazard area and the elevation of the base flood as determined by the City
Engineer.
B. All final subdivision plans will provide the elevation of proposed
structure(s) and pads. If the site is filled above the base flood, the final
pad elevation shall be approved by the Building Inspector prior to issuance of
an occupancy permit.
C. All subdivision proposals shall be consistent with the need to
minimize flood damage.
D. All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems located and
constructed to minimize flood damage.
E. All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage as set forth in Section 19.12.080(A)(4).
F. All subdivision proposals shall be reasonably safe from flooding,
if such proposal is within a flood-prone area, such proposal shall be
consistent with the need to minimize flood damage.
19.12.150 Standards for Manufactured and Manufactured Home Parks and
Subdivisions
A. All manufactured homes and additions to manufactured homes shall
be anchored to resist flotation, collapse, or lateral movement by one of the
following methods:
1. By providing an anchoring system designed to withstand horizontal
forces of fifteen pounds per square foot and uplift forces of nine
pounds per square foot; or
Ordinance No. 329
Page 15
2. By the anchoring of =he unit's system, designed to be in
compliance to the Department of Housing and Development Mobile Home
Construction and Safe~y StandardsZ or
3. As set forth in Section 19.12.080(C) certification meeting the
standards above is required of the installer or state agency
responsible for regulating the placement, installation and anchoring
or individual manufactured home units.
B. The following standards are required for manufactured homes not
placed in manufactured home parks or subdivisions= new manufactured home parks
or subdivisions; expansions to existing manufactured home parks or
subdivisions and= repair, reconstruction, or improvements to existing
manufactured home parks or subdivisions that equals or exceeds fifty percent of
the value of the streets, utilities and pads before the repair, reconstruction
or improvement commenced.
1. Adequate surface drainage and access for a hauler shall be
provided.
2. All manufactured homes shall be placed on pads or lots elevated on
compacted fill or on pilings so that the lowest floor of the mobile
home is at or above the base flood level. If elevated on pilings=
a. The lots shall be large enough to permit stepsZ
b. The pilings shall be placed in stable soil no more than ten
feet apart; and
c. Reinforcement shall be provided for pilings more than six
feet above the ground level.
C. No manufactured home shall be placed in a floodway, except in an
existing manufactured home park or existing manufactured subdivision.
D. Certification of compliance is required of the developer
responsible for the plan or state agency responsible for regulating
manufactured home placement.
19.12.160 Floodways
Located within areas of special flood hazard established in Section
19.12.050(B) 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 improvements, and other development unless certification by a
registered professional engineer or architect is provided demonstrating that
encroachmente shall not result in any increase in flood levels during the
occurrence of the base flood discharge.
Ordinance No. 329
Page 16
B. If no floodway is identified then a setback one hundred feet from
the bank(s) of the watercourse will be established, where encroachment will be
prohibited.
C. If Section 19.12.160(A) is satisfied. all neq construction and
substantial improvements shall comply with all other applicable flood hazard
reduction provisions of this ordinance.
19.12.170 Appeals and variance procedures
A. Appeal Board
1. The City Council shall hear and decide appeals and requests for
variances from the requirements of this ordinance.
2. The City Council shall hear and decide appeals when it is alleged
there is an error in any requirement, decision. or determination made
by the City Engineer in conformance with the provisions of this
chapter.
3. In passing upon such applications, the City Council shall consider
all technical evaluations, all relevant factors, standards specified
in other sections of this chapter, and:
a. The danger that materials may be swept onto other lands to
the injury of others;
b. The danger of life and property due to flooding or erosion
d-mnge;
c. The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual
owner;
d. The importance of the services provided by the proposed
facility to the community;
e. The availability of alternative locations, for the proposed
use which are not subject to flooding or erosion damage;
f. The compatlbility of the proposed use with existing and
anticipated development;
g. The relationship of the proposed use to the comprehensive
plan and floodplain management program for that area;
h. The safety of access to the property in times of flood for
ordinary and emergency vehicles;
Ordinance No. 329
Page 17
i. The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters and the effects of wave
action, if applicable, expected at the site~ and,
j. The costs of providing governmental services during and after
flood condition, including maintenance en~ repair of public
utilities and facilities such as sewer. gas, electrical, and
water systen, and streets and bridges.
4. Generally. variances may be issued for new construction and
substantial impTovements to be erected on a lot of one-half acre or
less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing items in
subsection (A) (3) of this section have been fully considered. As the
lot size increases beyond the one-half acre. the technical
justification required for issuing the variance increases.
5. 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 or appeal or variances as it deems
necessary to further the purposes oF this chapter.
6. The city clerk shall maintain the records of all appeal actions
and report any variances to the Federal Emergency Management Agency
upon request.
B. Conditions for Variances
1. Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic
Places or the State Inventory of Historic Places. without regard to
the procedures set forth in the remainder of this section.
2. Variances shall not be issued within any designated floodway if
any increase in flood levels during the base flood discharge would
result.
3. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
4. Variances shall only be issued upon:
a. A showing of good and sufficient cause such as renovation,
rehabilitation or reconstruction. Variances issued for econ~nic
considerations, aesthetics, or because variances have been issued
in the past are not good and sufficient cause=
Ordinance No. 329
Page 18
b. A determination that failure to grant the variance would
result in exceptional hardship to the applicantl and
c. A determination that the granting of a variance will not
result in increased flood heights, additional threats to public
safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public, or conflict with
existing local laws or chapters.
5. Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest
floor elevation below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
C. Conditions of Appeals
Appeal of any action of the City Engineer may be made by any person by
filling a written notice of appeal with the City Clerk within ten (10) calendar
days following notification of said action. ~hile an appeal is pending, the
establlshment of any affected structure of use is to be held in abeyance. In
hearing such an appeal, the City Councll may affirm, affirm in part, or reverse
the previous interpretation which is subject to appeal, provided that an appeal
is not to be granted only when relief sought should otherwise be granted
through variance or amendment of this chapter.
SECTION 2: The Mayor shall sign this Ordinance and the City Clerk
shall cause the same to be published within fifteen (15) days after its passage
at least once in The Daily Report, a newspaper of general circulation published
in the City of Ontario, California, and circulated in the City of Rencho
Cucamonga, California.
PASSED. APPROVED. and ADOPTED this 4th day of Novamber. 1987.
AYES: Brown. Buquet. Stout. King. Wright
NOES: None
ABSB~FT: None ~~~~
Dennis L. Stout. Mayor
ATTEST:
Beverl~A. Authelet, City Clerk
Ordinance No. 329
Page 19
I, BEVERLY A. AUTHELET, 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 21st day of October, 1987, and was finally passed at a regular
meeting of the City Council of the City of Rancho Cucamonga held on the 4th day
of November, 1987.
Executed this 5th day of November, 1987 at Rancho Cucemonga,
California.
Beverly/A. Authelet, City Clerk