HomeMy WebLinkAbout2011/10/04 Item 01SECOND READING AND ADOPTION
ORDINANCE NO. -
ORDINANCE OF THE CITY OF CHULA VISTA,
AMENDING CHAPTER 14.18 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO FLOODPLAIN
REGULATIONS
WHEREAS, on January 27, 2011 a Community Assistance visit was conducted
by a representative of the California Department of Water Resources (DWR} on behalf of
the Federal Emergency Management Agency {FEMA) for the City of Chula Vista; and
WHEREAS, as a result of that meeting and the review process, DWR staff
transmitted a letter to the City dated June 8, 2011 stating that minor revisions needed to
be made to the City's Floodplain Ordinance in order for the City to be in compliance with
National Flood Insurance Program (NFIP) requirements. The adoption of a compliant
floodplain management ordinance is a prerequisite for continued participation in the
NFIP; and
WHEREAS, staff submitted its recommended revisions to the floodplain
ordinance to DWR on July 29, 201 l; and
WHEREAS, staff received a letter from the DWR dated August 9, 2011
stating that, after adoption of the proposed ordinance, the City will be in full compliance
with the National Flood Insurance Program; and
WHEREAS, the legislature of the State of California has, in Government Code
Sections 65302, 65560 and 65800, conferred upon local governments the authority to
adopt regulations designed to promote the public health, safety and general welfare of the
citizenry.
NOW THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
That Chula Vista Municipal Code Chapter 14.18 be amended in its entirety to reads as
follows:
Chapter 14.18
FLOODPLAIN REGULATIONS*
Sections:
14.18.010 Purpose and Intent
14.18.020 Lands to which this chapter applies.
14.18.030 Basis for establishing the areas of special flood hazards.
14.18.040 Methods of reducing flood losses.
14.18.050 Compliance.
14.18.060 Abrogation and greater restrictions.
7:Wttorney\FINAL RESOS\2011\09 27 11'~Floodplain Ordinance Amending MC l4.l S.doc
. ~ ... _ .Ordinance Flo. ;--^~
.. ~ 'Page`2 _.
14.18.080 Warning and disclaimer of liability.
14.18.090 Severability.
14.18.100 Definitions.
14.18.110 Development in special flood hazard areas.
14.18.120 Application requirements.
14.18.130 Standards for building construction in SFHA.
14.18.140 Standards for Utilities.
14.18.150 Standards for residential structures.
14.18.160 Standards for nonresidential structures.
14.18.170 Standazds for garages and accessory structures.
14.18.180 Standazds for recreational vehicles.
14.18.190 Standards for manufactured homes.
14.18.200 Standards for repair, reconstruction or improvement of streets,
utilities, and pads in manufactured home parks.
14.18.210 Standards for floodways.
14.18.220 Standards for subdivisions and large developments.
14.18.230 Duties of City Engineer as Floodplain Administrator.
14.18.240 Duties of the Building Official.
14.18.250 Duties of the Planning Director.
14.18.260 Alteration or relocation of watercourses.
14.18.270 Floodplain variances.
14.18.280 Findings necessary for variances.
14.18.290 Board of appeals.
14.18.300 Chapter supersedes any conflicting statutes.
* Prior legislation: Ords. 1842, 2039, 2100, 2170, 2197, 2248, 2386, 2506,
2790, and 2889.
14.18.010 Purpose and intent.
A. The flood areas of the City of Chula Vista could be subject to periodic inundation
that could 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 tax base, all of which adversely affect the
public health, safety, and general welfare. These flood losses could be caused by land
uses that are inadequately elevated, floodproofed, or protected from flood damage. The
cumulative effect of obstructions in areas of special flood hazards which increase flood
heights and velocities also contribute to flood losses.
B. In order to participate in the Federal Flood Insurance Program (National Flood
Disaster Protection Act of 1973), the City must adopt regulations controlling the
development of property within identified floodplains pursuant to the direction of said
Act. The Building Official and the City Engineer aze therefore assigned certain added
responsibilities, and they are authorized and directed to enforce all the provisions of this
chapter.
A:1EDiG[NEERViESOSUtesos2011109-?7-I 11Floodplain Ordinance Amending MC 14.18.doc
1-2
Ordinance No.
Page 3
C. 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;
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 azeas
caused by flood damage;
7. Ensure that potential buyers are notified that 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.
14.18.020 Lands to which this chapter applies.
The provisions of this chapter shall apply to all areas of special flood hazards (SFHAs),
within the jurisdiction of the City of Chula Vista.
14.18.030 Basis for establishing the areas of special flood hazards.
A. The areas of special flood hazards identified by the Federal Insurance
Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the
Flood Insurance Study (FIS} dated June 19, 1997, and accompanying Flood Insurance
Rate Maps (FIRMS) and Flood Boundary and Floodway Maps (FBFMs), dated June 19,
1997, and all subsequent amendments and/or revisions, are hereby adopted by reference
and declared to be part of this title.
B. This Flood Insurance Study and attendant mapping define the minimum area of
applicability of this chapter and may be supplemented by studies of other areas which are
recommended to the City Council by the City Engineer. The Study and Flood Insurance
Rate Maps are on file at the City Public Services Building at 276 Fourth Avenue.
14.18.040 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions to:
A. Restrict or prohibit uses which are dangerous to health, safety, and property due
to water or erosion hazards, or which result in damaging increases in erosion or flood
heights or velocities;
B. Require that uses vulnerable to floods, including facilities which serve such uses,
be protected against flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters;
Ht\ENGINEERIRESOS\Resos201 I\09-27-111Floodplain Ordinance Amending MC 14.18.dac
1-3 __ _ ___, __..
Ordinance No.
Page 4
D. Control filling, grading, dredging, and other development which may increase
flood damage; and
E. Prevent or regulate the construction of flood barriers which will unnaturally divert
flood waters or which may increase flood hazazds in other areas.
14.18.050 Compliance.
No structure or land shall be constructed, located, extended, converted, or altered
without full compliance with the terms 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 from taking such lawful action as is necessazy to prevent or
remedy any violation.
14.18.060 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.
14.18.070 Interpretation.
In the interpretation and application of this chapter, all provisions shall be considered as
minimum requirements, liberally construed in favor of the governing body; and deemed
neither to limit nor repeal any other powers granted under state statutes.
14.18.080 Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by manmade
or natural causes. This chapter does not imply that land outside the areas of the SFHAs or
uses permitted within such SFHAs will be free from flooding or flood damages. This
chapter shall not create liability on the part of the City, or any of its elected or appointed
officials, officers, or employees, the State of California, the Federal Insurance
Administration, or the Federal Emergency Management Agency, for any flood damages
that result from reliance on this chapter or any administrative decision lawfully made
pursuant to this chapter.
14.18.090 Severability.
This chapter and its various parts 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 other than the section so
declared to be unconstitutional or invalid.
H:\ENGINEERV2ESOS1Etesos20l 1109-?7-I I~Floodolain Ordinance Amending MC t4. 18.doc
__ .. 1-4
Ordinance No.
Page ~
14.18.100 Definitions.
Unless specifically def ned in this section, words or phrases used in this chapter shall be
interpreted so as to give them the same meaning as they have in common usage so as to
give this chapter its most reasonable application.
A. "Accessory structure, low-cost and small" means a structure that is solely for the
parking of no more than 2 cars; or limited storage {small, Iow cost sheds).
B. "Appeal" means a request for a review of the Floodplain Administrator's or
Building Official's interpretation of any provision of this chapter.
C. "Base flood" means a flood which has a one percent chance of being equaled or
exceeded in any given year (also called the 100-year flood}.
D. "Base flood elevation (BFE)" means the water surface level of a watercourse or
waterbody referenced to an established datum, that corresponds to a flood event that has a
one percent chance of being equaled or exceeded in any given year.
E. "Basement" means any area of the building having its floor subgrade (below
ground level) on all sides.
F. "Development" means any manmade 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.
G. "Elevation Certificate" means a document of the National Flood Insurance
Program (NFIP) used to provide elevation information necessary to ensure compliance
with community floodplain management ordinances, to determine the proper insurance
premium rate, and to support a request for a Letter of Map Amendment or Revision
{COMA or LOMR-F).
H. "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} was completed before November 14, 1978.
I. "Expansion to an existing manufactured home park or subdivision" means the
preparation of additional sites in an Existing manufactured home park or subdivision 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).
J. "Encroachment" means the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a floodplain that may
impede or alter the flow capacity of a floodplain.
K. "Flood" means a temporary rise in a stream's flow or stage that results in water
overflowing its banks and inundating areas adjacent to the channel, or an unusual and
rapid accumulation of runoff or surface waters from any source.
L. "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.
H'IENGINEERIRESOSVIesos201 F109-27-111FIOOdplain Ordinance A`nending ~iC ld.IB.doc
1 _5 _.______--
Ordinance No.
Page 6
M. "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.
N. "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.
O. "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.
P. "Fooodplain or flood-prone area" means any land area susceptible to being
inundated by water from any source -see "Flood."
Q. "Fooodplain Administrator" means the City Engineer.
R. "Fooodplain 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 prepazedness plans, flood control works, floodplain management
regulations, and open space plans.
S. "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. See "Regulatory Floodway."
T"Grading" means any excavating or filling or combination thereof and shall include
the land in its excavated or filled conditions.
U. "Highest adjacent grade" means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
V. "Historic resource" means any structure, site, building, object, or natural feature
that is:
1. Listed or determined to be an eligible resource for listing in the National
Register of Historic Places (a listing maintained by the Departmenf.of Interior);
2. Listed in or determined to be an eligible resource for listing in the California
Register of Historical Resources;
3. Listed in or determined to be an eligible resource for listing in the Chula Vista
register of historic sites; and
4. Any historic resource that the City determines to be historically significant
provided that the determination of historical significance is supported by substantial
evidence in light of the whole record.
For the purposes of this definition, "eligible resource" means a historic resource
that is not listed on the National Register, the California Register, or the Chula Vista list
register of Historic Sites and/or is not included in the local historic resources inventory,
but appears to meet one or more of the criteria for designation.
W. "Land Development Permit" means as defined in CVMC chapter 15.04.
X. "Letter of Map Revision (LOMR)" is a letter issued by FEMA stating that a
particular structure or parcel of land is removed from the 100-year floodplain, generally
due to grading or construction of flood control projects. A developer or government
H:\ENGII`tEERVtESOS`3tesos201 I\09-27-1 l\Floodplain Ordinance Amending MC I4.IB.doc
Ordinance No.
Page 7
agency constructing an eligible project within the 100-year floodplain (as shown on the
most recent Flood Insurance Rate Map or subsequent LOMRs) is required to apply for a
LOMR.
Y. "Lowest floor" means the lowest of the lowest enclosed area (including
basement). An unfinished ar flood resistant enclosure, 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, that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation design requirements of
this chapter.
Z. "Manufactured home" means a structure, transportable in one or more sections,
which is built on a permanent chassis and designed to be used with or without a
permanent foundation when connected to the required utilities. For flood management
purposes the term manufactured home also includes park trailers, travel trailers, and other
similar vehicles placed on a site for greater than 180 consecutive days. For insurance
purposes the term manufactured home does not include park trailers, travel trailers, and
other similar vehicles.
AA. "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.
AB. "Mean sea level" means, for purposes of the National Flood Insurance
Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American
Vertical Datum (NAND) of 1988, or other datum, to which base flood elevations shown
on a community's Flood Insurance Rate Map are referenced.
AC. "New construction," for floodplain management purposes, means
structures for which the start of construction commenced on or after November 14, 1978,
and includes any subsequent improvements to such structures.
AD. "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 November 14, 1978.
AE. "Obstruction" includes, but is not limited to, any dam, wall, wharf,
embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge,
conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or
other material in, along, across or projecting into any watercourse which may alter,
impede, retard or change the direction and/or velocity of the flow of water, or due to its
location, its propensity to snaze or collect debris carried by the flow of water, or its
likelihood of being carried downstream.
AF. "One-hundred (100) year flood" means the condition of flooding having a one
percent chance of annual occurrence. See "Base flood."
AG. "Recreational vehicle" means a vehicle that is:
1. Built an a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck;
and
Hi~ENGNEER~RESOSIReso520 1 1109-27-1 1~Floodplain Ordinance Amending MC 14.IS.doc
1 - ~ _ ___ ._ _. . _
Ordinance No.
Page 8
4. Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
AH. "Regulatory flood elevation" means the water surface elevation of the 100-year
flood.
AI. "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. The designated
regulatory floodways are the channels of the Sweetwater River and Telegraph Canyon
Creek shown on the current Flood Boundary and Floodway Map, and the Otay River and
Poggi Canyon Creek as shown on the County of San Diego floodway map.
AJ. "Riverine" means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
AK. "Special flood hazard area (SFHA)" means an area in the floodplain subject to a
1 percent or greater chance of flooding in any given year. It is shown on a Flood Hazard
Boundary Map (FHBM) or FIRM as Zone A, AO, Al-A30, AE, A99, AH.
AL. "Start of construction," includes substantial improvement and other proposed
new development and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, .addition, placement, or other
improvement is within 180 days of the permit date. 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 fast alteration of any wall,
ceiling, floor, or other structural part of a building, whether or nat that alteration affects
the external dimensions of the building. AM. "Structure" means a walled and
roofed structure, including a gas or liquid storage tank that is principally above the
ground, including, but without limitation to, buildings, factories, sheds, cabins, mobile
homes, and other similaz uses.
AN. "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
ar exceed 50 percent of the mazket value of the structure before the damage occurred.
AO. "Substantial improvement" means any reconstruction, rehabilitation, addition,
or improvement of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before the start of the construction of the improvement. This
term includes structures have incurred substantial damage, regardless of the actual repair
work performed. However, the term does not 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
H:\ENGINEERViE50SVLesos201I\09-27-f 1lFloodplain Ordinance Amending ?.iC 14.18.doc
Ordinance No.
Page 9
2. Any alteration of a historic resource, provided that the alteration would not
preclude the structure's continued designation as a historic resource.
For the purposes of this chapter, substantial improvement is considered to occur
when the. first alteration of any wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration effects the external dimensions of the
structure. The term does not, however, include any alteration to .comply with .existing
state or local health, sanitary, building or safety codes or regulations, or structures listed
in national or California registers of historic places.
AP. "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.
AQ. "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.
AR. "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.
AS. "Zone" means an area delineated on the Flood Insurance Rate Maps and Flood
Hazard Boundary Maps with respect to its potential flood hazard. See "Special flood
hazard azea."
14.18.110 Floodplain development -Permits required.
No person, including property owners, contractors, private engineers or others, shall
erect, construct, enlarge, or improve any building or structure, or begin development within
a SFHA, including the placement of manufactured homes, without first obtaining a
building permit, land development permit, or any other permit required pursuant to CVMC
chapters 15.04 and 15.08 for each such action.
14.18.120 Application requirements.
A. Each application for a building permit, land development permit, or any other
permit required pursuant to CVMC chapters 15.04 and 15.08 in a SFHA shall include:
1. Necessary plans and specifications for the proposed construction showing the
nature, location, dimensions, and elevation of the area in question; existing or proposed
structures, fill, storage of materials, drainage facilities;
2. Elevations (in relation to sea level) of the lowest floor (including basement) or
in the case of floodproofed nonresidential structures, the elevation to which it has been
floodproofed. Certification, submitted by a licensed civil engineer, structural engineer, or
architect, that the plans and specifications for any proposed building or structure comply
with the floodproofing requirements of the National Flood Insurance Program as revised;
3. Evidence that electrical, heating, ventilation, plumbing, and air-conditioning
equipment and other service facilities are designed and/or located so as to prevent water
from entering or accumulating within the components during conditions of flooding; and
4. Any other information as reasonably may be required by the building official
and the city engineer.
H:~.AIGINEER`dIESOS1Resos'.911109-2i-i 1~F'loodplain Ordinance Amending MC t4 IR doc
~ _ 9 __.__ .. _ __.
Ordinance No.
Page 10
B. In the coastal zone, development in SFHAs shall also be required to obtain a
coastal development permit consistent with the applicable provisions of the certified
Local Coastal Program.
14.18.130 Standards for building construction in SFHA.
A. A Conditional LetCer of Map Revision (CLOMR) shall be obtained prior to the
construction of a proposed flood control project based on design plans approved by the
City. Construction of the proposed flood control project and land preparation as specified
in the start of construction definition will be allowed after the CLOMR is approved by
FEMA.
B. All LOMRs for flood control projects shall be approved by FEMA prior to the
issuance of building permits. Building permits shall not be issued based on CLMORs.
C. The following requirements pertain to construction in azeas that have not been
removed from the SFHA by an approved LOMR:
1. All new construction and substantial improvements shall be adequately
anchored to prevent flotation, collapse or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2. All new construction and substantial improvements shall be constructed:
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
d. Within zones AH or AO, so that there are adequate drainage paths around
the structures on slopes to guide flood waters azound and away from the structures.
3. All new construction and substantial improvements of structures with fully
enclosed areas below the lowest floor (excluding basements) that are usable solely for
parking of vehicles, building access or storage, and which are subject to flooding, shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by allowing
for the entry and exit of floodwater. Designs for meeting- this requirement must be
certified by a registered civil or structural engineer or architect or must meet or exceed
the following minimum criteria:
a. For non-engineered openings:
i. Have a minimum of two openings on different sides having a total net
area of not less than one square inch for every square foot of enclosed area subject to
flooding;
ii. The bottom of all openings shall be no higher than one foot above
grade;
iii. Openings may be equipped with screens, louvers, valves or other
coverings or devices provided that they permit the automatic entry and exit of floodwater;
and
iv. Buildings with more than one enclosed area must have openings on
exterior walls for each area to allow flood water to duectty enter.
H `,ENGINEER~RESOSULesos201 t109-?7-I t~Floodplain Ordinance Amending MC tJ.18.doc
1-" 0
Ordinance No.
Page 11
14.18.140 Standards for utilities.
A. The design of all new and replacement water supply and sanitary sewage systems
shall be certified by a registered professional in the respective field of expertise. All new
and replacement water supply and sanitary sewage systems shall be designed and
constructed to minimize or eliminate infiltration of flood waters into the systems and
discharge from the systems into floodwaters.
B. On-site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
14.18.150 Standards for residential structures.
For all new construction and substantial improvements of residential structures, the
lowest floor elevation {to include basement) of new residential structures shall be elevated
to a minimum of one foot above the'regulatory flood elevation; except that in zone AO, the
lowest floor (including basement) shall be as high as the depth number in feet above the
highest adjacent grade or two feet if no depth number is specified.
14.18.160 Standards for nonresidential structures.
A. All new construction and substantial improvements of nonresidential structures
shall meet the following standazds:
1. The lowest floor elevation (to include basement) of nonresidential structures
shall be elevated or floodproofed to a minimum of one foot above the regulatory flood
elevation; except that in zone AO, the lowest floor (including basement) shall be as high
as the depth number in feet above the highest adjacent grade, or two feet if no depth
number is specified. In the alternative, attendant utility and sanitary facilities shall be
completely floodproofed to or above that level so that any space below that level is
watertight with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy;
2. Construction materials and utility equipment shall be resistant to floodwater
damage;
3. Construction methods and practices shall minimize flood damage; and
4. The design of all new construction and substantial improvements of
nonresidential structures shall be certified by a registered professional engineer and
surveyor and shall be designed or anchored to prevent the flotation, collapse or lateral
movement of the structure or portions of the structure due to flooding.
B. Any nonresidential structure proposed to be floodproofed in accordance with this
chapter shall be certified by a licensed civil engineer, structural engineer or architect,
subsequent to construction of the proposed building or structure but prior to final approval
for use or occupancy thereof and the elevation to which such floodproofing is effective
shall be specified.
14.18.170 Standards for garages and accessory structures.
A. Attached garages.
1. All garages attached to a residential structure and constructed with the garage
floor slab below the BFE shall be designed to allow for the automatic entry and exit of
H:~ENGINEERIRESOSVtesos2011109-?7-11\Floodplain Ordinance Amending MC 14.18.doc
1-1 1 _ .._._ _ __ __ ._...-__..__._
Ordinance No.
Page 12
floodwaters. Areas of the garage below the BFE shall be constructed with flood resistant
materials as specified in FEMA Technical Bulletin TB 2-93.
B. Detached garages and accessory structures.
1. Accessory structures used solely for parking (2 car detached garages or
smaller) or limited storage (small, low-cost sheds), may be constructed such that its floor
is below the BFE, provided the structure meets the following standards:
a. The accessory structure shall be used only for parking or limited storage;
b. The portions of the accessory structure located below the BFE shall be
built using flood-resistant materials;
c. The accessory structure shall be adequately anchored to prevent flotation,
collapse and lateral movement;
d. Any mechanical and utility equipment in the accessory structure shall be
elevated or floodproofed to or above the BFE;
e. The accessory structure must comply with floodplain encroachment
provisions in section 14..18.210;
f. The accessory structure shall be designed to allow for the automatic entry
and exit of floodwaters; and
g. The below-grade parking areas shall comply with the requirements in
FEMA Technical Bulletin TB-6.
14.18.180 Standards for recreational vehicles.
All recreational vehicles placed in Zones Al-30, AH, and AE shall either:
A. Be on the site for fewer than 180 consecutive days; or
B. 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
C. Have a permit required in section 14.18.110 and meet the elevation and anchoring
requirements for manufactured homes in section 14.18.190.
14.18.190 Standards for manufactured homes.
A. All manufactured homes that are placed on or substantially ,improved within a
special flood hazard area and which are:
1. Outside of a manufactured home park or subdivision; or
2. In a new manufactured home park or subdivision; or
3. In an expansion to an existing manufactured home park or subdivision; or
4. In an existing manufactured home park or subdivision within which a
manufactured home has incurred "substantial damage" as the result of a flood shall be
certified by a registered professional engineer and .surveyor and shall be elevated on a
permanent foundation such that the lowest floor of the manufactured home is at least one
foot above the base flood elevation and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement.
B. All manufactured homes to be placed or substantially improved on sites in an
existing manufactured home pazk or subdivision within a special flood hazard area and
not subject to the provisions of subsection A of this section shall be certified by a
HaENGINEERVtESOSResos201 ]\09-27-11\Floodplain Ordinance Amending MC 14.18.doc
_ _ _ __ 1-12
Ordinance No.
Page 13
registered professional engineer and surveyor and shall be securely fastened to an
adequately anchored foundation system to resist flotation, collapse, and lateral
movement, and shall be elevated so that either:
1. The lowest floor of the manufactured home is at least one foot above the base
flood elevation; or
2. The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that aze no less than 36 inches in
height above grade.
14.18.200 Standards for repair, reconstruction or improvement of streets, utilities,
and pads in manufactured home parks.
The following standards apply within zones Al-30 for new manufactured home parks
and manufactured home subdivisions, expansions to existing manufactured home parks
and manufactured home subdivisions, and existing manufactured home parks and
manufactured home subdivisions. All repair, reconstruction or improvement of the
streets, utilities and pads which equals or exceeds 50 percent of the value of the streets,
utilities and pads before the repair, reconstruction or improvement has commenced shall
comply with the following standards:
A. Stands or lots shall be elevated on compacted fill or on pilings so that the lowest
floor of the manufactured home will be at least one foot above the base flood level;
B. Surface drainage and access for a hauler shall be adequate; and
C. In the instance of elevation on pilings, lots shall be large enough to permit steps,
piling foundations shall be placed in stable soil no more than 14 feet apart, and
reinforcement shall be provided for pilings more than six feet above the ground level.
14.18.210 Standards for floodways.
Because floodways are an extremely hazardous area due to the velocity of
floodwaters that carry debris and potential projectiles, and have erosion potential, the
following standards apply:
A. Until a regulatory floodway is adapted, no new construction, substantial
development, or other development (including fill} shall be permitted within Zones Al-
30 and AE, unless it is demonstrated that the cumulative effect of the proposed
development, when combined with all other development, will not increase the water
surface elevation of the base flood more than 1 foot at any point within the City;
B. Within an adopted regulatory floodway, encroachments, including fill, new
construction, substantial improvements, and other development are prohibited unless
certification by a registered civil engineer is provided demonstrating that the proposed
encroachment shall not result in any increase in flood levels during the occurrence of the
base flood discharge; and
C. Ali new construction, substantial improvement, and other proposed development
in a floodway shall comply with all other applicable provisions of chapter 14.18.
14.18.220 Standards for subdivisions and large developments.
A. All proposals for subdivisions and other new development incorporating more
than five acres or 50 lots, whichever is lesser, shall show on tentative parcel maps,
H:1ENGiNE]?AVtESOSULesos201 I\09-27-17~Floodplain Ordinance Amending MC 14. SS.doc
__ _.__ _____ 1-13
Ordinance No.
Page 14
tentative subdivision maps or site plans, regulatory flood elevation data for any included
area designated zone A, zone Al-30 or zone AO.
B. All preliminary subdivision proposals shall identify the special flood hazard area
and the elevation of the base flood.
C. All subdivision plans shall 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.
D. AlI subdivision proposals shall be consistent with the need to minimize flood
damage.
E. All subdivision proposals shall have public utilities and facilities such as sewer,
gas, electrical and water systems located and constructed to minimize flood damage.
F. All subdivisions shall provide adequate drainage to reduce exposure to flood
hazazds.
14.18.230 Duties of City Engineer as foodplain administrator.
A. The City Engineer shall act as the Floodplain Administrator and shall administer,
implement, and enforce the standards and regulations of chapter 14.18 by granting or
denying land development permits, or other permits in accordance with the terms of
chapter 14.18.
B. The duties and responsibilities of the Floodplain Administrator shall include, but
not be limited to, the following:
1. Prior to issuance, review all building permits, land development permits, or
any other permits required pursuant to chapters 15.04 and 15.08 to assure that:
a. AlI proposed developments are consistent with the need to minimize flood
damage;
b. Adequate drainage is provided so as to reduce exposure to flood hazards;
c. All public utilities and facilities aze located so as to minimize or eliminate
flood damage;
d. The natural landscape of all designated floodways and major watercourses
is substantially preserved;
e. An evacuation plan indicating alternate vehicular access and escape routes
is filed with appropriate disaster preparedness authorities for manufactured home parks
and manufactured home subdivisions located within zone A, zones Al-30 and zone AO;
f. Any encroachments, including fill, new construction, substantial
improvements, and other developments within the designated regulatory floodways that
would result in any increase in flood levels during the occurrence of a 100-year flood
discharge are prohibited; and
g. In the coastal zone, all subdivision and land development permit
applications comply with the provisions of the certified Local Coastal Program and the
standards of subsections a.) through f.) of this section.
h. For properties located within Zone A without a base flood elevation, 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, as
a basis for elevating residential and non-residential structures to or above the base flood
level, and for floodproofing non-residential structures, pursuant to 44 CFR 60.3(b)(4).
H.°ENGINEERVtES051Resos2011\09-27-I l~Floodplain Ordinantt Amending MC 14.1 B.doc
----_ _____ __ .._ ~ _~ 4 _. _ ___ __ .
Ordinance No.
Page 15
2. Prior to issuance, review all land development permits, or other permits to
determine if the site of the proposed development is reasonably safe from flooding, that
all applicable requirements of the National Flood Insurance Program have been met, and
that all necessary permits have been obtained as required by federal or state law. Any
permits required by federal or state law shall be obtained by the applicant prior to
issuance of any permit by the City.
3. Submit or assure that the permit applicant submits technical or scientific data
to FEMA for a LOMR, within 6 months of information becoming available or project
completion, whichever comes first, so that, upon confirmation of those physical changes
affecting flooding conditions, risk premium rates and floodplain management
requirements are based on current data.
4. Notify FEMA in writing whenever the City boundaries have been modified by
annexation or other means and include a copy of a map of the community clearly
delineating the new City limits.
5. Make interpretations as to the exact location of the boundaries of the SFHAs
where there appears to be a conflict between a mapped boundary and actual field
conditions. The person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in section 14.18.290.
6. For all new and substantially improved structures within SFHAs, obtain
and maintain records of lowest floor elevations and elevations to which structures have
been floodproofed, pursuant to 44 CFR 60.3(b)(5).
7. Take action to remedy violations of this ordinance.
8. Complete and submit Biennial Reports to FEMA.
9. Work with appropriate state and federal agencies in complying with the
National Flood Insurance Program in accordance with the National Flood Disaster
Protection Act of 1973.
14.18.240 Duties of the Building Official.
The duties and responsibilities of the Building Official shall include, but not be
limited to, obtaining, reviewing, and reasonably utilizing any base flood elevation and
floodway data available from a federal, state or other source, and assuring that all new
construction, substantial improvements, placement of manufactured homes and
prefabricated buildings, or other development in the SFHA meets all applicable standards
in this chapter. In addition, the Building Official shall provide records for new and
substantially improved structures within SFHAs to the Floodplain Administrator in
accordance with section 14.18.230B.6.
14.18.250 Duties of the Planning Director.
The duties and responsibilities of the Planning Director shall include, but not be
limited to, assuring that the General Plan is consistent with floodplain management
objectives in this chapter.
14.18.260 Alteration or relocation of watercourses.
The Floodplain Administrator shall review all plans for alteration or relocation of any
watercourse within the City to assure that the flood-carrying capacity of such watercourse
H:~ENGRvEERlRE50511Lesos2 0 1 1109-27-1 ]Floodplain Ordinance Amending MC 14.1 S.doc
.__._.____~._._ ..-- _ ----..____-__.. ____ _..__ __ __ 1-15
Ordinance No.
Page 16
is maintained. Prior to any alteration or relocation of a watercourse, or in riverine
situations, the Floodplain Administrator shall notify affected communities and the state
coordinating office of FEMA. The Floodplain Administrator shall submit copies of such
notifications to the administrator of the Federal Insurance Administration. The Floodplain
Administrator shall assure that, in the coastal zone, any subdivision that involves the
alteration or relocation of a stream shall also conform to the applicable provisions of the
certified Local Coastal Program.
14.18.270 Floodplain variances.
A. 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 aze 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. Mere economic or financial hardship
alone; inconvenience, aesthetic considerations, or physical handicaps cannot, as a rule,
qualify as exceptional hardships. 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.
B. It is the duty of the City of Chula Vista 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 this chapter are quite rare. The long-term goal of preventing and reducing
flood loss and damage can only be met if vaziances are strictly limited. Therefore, the
variance guidelines provided in this chapter are more detailed and contain multiple
provisions that must be met before a variance can be granted. The criteria are designed to
screen out those situations in which alternatives other than a variance are more appropriate.
1. A property owner and/or developer may apply for a floodplain variance upon
payment of a fee as designated in the Master Fee Schedule. The Floodplain Administrator
shall review all applications for variances. In evaluating applications for vaziances, he 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:\E.NGNEERIRESOS'~Aesos2011\09-27-1 (\Floodplain Ordinance Amending MC 14.I8.doc
._---------- - - _ __ 1 _ ~ 6 _ __ ----_
Ordinance No.
Page 17
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 proposed 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. 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. As the lot size increases beyond one-half acre, the technical justification
required for issuing the variance increases.
3. Variances may be issued for the repair or rehabilitation of historic resources as
defined in this chapter, upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as an historic resource and the
variance is the minimum necessary to preserve the historic character and design of the
structure.
4. The Floodplain Administrator may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this chapter.
14.18.280 Findings necessary for variances.
A. In granting a variance, the Floodplain Administrator shall make the following
findings:
1. That the proposed development is not located in any mapped regulatory
floodway if any increase in flood levels during the base flood discharge would result;
2. 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;
3. That failure to grant the variance would result in exceptional hardship to the
applicant;
4. That granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, conflict with existing
local laws or ordinances or create a nuisance; and
5. That granting of a variance will not cause fraud or victimization. For example,
buildings that are permitted to be constructed below the base flood elevation are subject
during their life (estimated at 50 to 100 years} to increased risk of flood damage, while
future owners of the property and the community are subject to the costs, inconvenience
and danger associated with the increased flooding potential.
B. The Floodplain Administrator shall include the following in a written notice for
any variance granted and shall record, or cause to be recorded, the notice in the Office of
the County Recorder so that the notice appears in the chain of title of the affected parcel
of land:
H:~ENGSNEER~RESOSUtesos2Dl3\09.27-511Floodplain Ordinance Amending MC k4.l8.doc
_1-17 _.
Ordinance No.
Page 18
1. That the issuance of a variance to construct a structure below the base flood
Level will result in increased premium rates for flood insurance up to amounts as high as
$25.00 for every $100.00 of insurance coverage, and
2. That such construction below the base flood level increases risks to life and
property.
C. The Floodplain Administrator shall maintain a record of all variance actions,
including justification for the issuance of any variance. This record will be included in a
Biennial Report submitted to FEMA.
14.18.290 Appeals.
The Boazd of Appeals and Advisors shall heaz appeals from the decision of the
Floodplain Administrator regazding variances. The decision of the Board of Appeals and
Advisors is final
14.18.300 Chapter supersedes any conflicting statutes.
A. This chapter shall take precedence over conflicting ordinances or parts of
ordinances with respect to floodplain administration. The City Council may,- from time to
time, amend the ordinance codified in this chapter to reflect any and all changes in the
National Flood Insurance Program Regulations.
B. In the coastal zone, where conflicts arise between this chapter and the certified
Local Coastal Program, the latter shall prevail.
Presented by:
Richard A. Hopkins
Director of Public Works
H \ENGINEERIRESOSI[tesos201 I\09-27-I I\Floodplain Ordinance Amending MC 14.18 a~-
---_ __ ----~__... ___ ._ ~-1-g _.__