HomeMy WebLinkAboutOrd 2011-3210ORDINANCE NO. 3210
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.OS0 Compliance.
14.18.060 Abrogation and greater restrictions.
14.18.070 Interpretation.
14.18.080 Warning and disclaimer of liability.
14.18.090 Severability.
14.18.100 Definitions.
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14.18.110 Development in special flood hazard areas.
14.18.120 Application requirements.
14.18.130 Standazds for building construction in SFHA.
14.18.140 Standazds for Utilities.
14.18.150 Standards for residential structures.
14.18.160 Standazds for nonresidential structures.
14.18.170 Standards for garages and accessory structures.
14.18.180 Standazds for recreational vehicles.
14.18.190 Standards for manufactured homes.
14.18.200 Standazds for repair, reconstruction or improvement of streets, utilities,
and pads in manufactured home pazks.
14.18.210 Standazds 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 necessazy for vaziances.
14.18.290 Boazd 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 azeas of the City of Chula Vista could be subject to periodic inundation that
could result in loss of life and property, health and safety hazazds, disruption of commerce and
governmental services, extraordinazy 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 hazazds 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 are therefore assigned certain added responsibilities, and they are authorized and
directed to enforce all the provisions of this chapter.
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 azeas by provisions
designed to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
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5. Minimize damage to public facilities and utilities such as water and gas mains;
electric, telephone and sewer lines; and streets and bridges located in areas of special flood
hazard;
6. Help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future blighted areas caused by flood damage;
7. Ensure that potential buyers are notified that property is in an azea of special flood
hazazd; and
8. Ensure that those who occupy the azeas of special flood hazazd assume responsibility
for their actions.
14.18.020 Lands to which this chapter applies.
The provisions of this chapter shall apply to all azeas of special flood hazads (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 aze
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;
D. Control filling, grading, dredging, and other development which may increase flood
damage; and
E. Prevent or regulate the construction of flood barriers which will unnaturally divert flood
waters or which may increase flood hazards in other areas.
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 necessary to prevent or remedy any violation.
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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 raze 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 vazious parts are declazed to be severable. Should any section of this
chapter be declazed 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 declazed to be
unconstitutional or invalid.
14.18.100 Definitions.
Unless specifically defined 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, low 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 yeaz (also called the I00-yeaz 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 azea 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.
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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.
L "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 azeas 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.
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. "Floodplain or flood-prone area" means any land azea susceptible to being inundated by
water from any source -see "Flood."
Q. "Floodplain Administrator" means the City Engineer.
R. "Floodplain management" means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where possible,
natural resources in the floodplain, including, but not limited to, emergency preparedness plans,
flood control works, floodplain management regulations, and open space plans.
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.
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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 Department of Interior);
2. Listed in or determined to be an eligible resource for listing in the Califomia 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 appeazs 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 particulaz
structure or parcel of land is removed from the 100-yeaz floodplain, generally due to grading or
construction of flood control projects. A developer or government 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 or 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 similaz 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 similaz vehicles.
AA. "Manufactured home pazk or subdivision" means a pazcel (or contiguous pazcels)
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.
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AE. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee,
dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culverC, building,
wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or
projecting into any watercourse which may alter, impede, retard or change the direction and/or
velocity of the flow of water, or due to its location, its propensity to snare or collect debris
carried by the flow of water, or its likelihood of being carried downstream.
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 on a single chassis;
2. 400 square feet or less when measured at the lazgest horizontal projection;
3. Designed to be self-propelled or permanently towable by alight-duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
AH. "Regulatory flood elevation" means the water surface elevation of the 100-year flood.
AL "Regulatory floodway" means the channel of a river or other watercourse and the
adjacent land azeas 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 Boundazy 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 hazazd azea (SFHA)" means an area in the floodplain subject to a I
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 stazt 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 first
alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
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 or exceed 50 percent
of the mazket value of the structure before the damage occurred.
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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, sanitazy, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of a historic 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, azroyo, channel or other
topographic feature on or over which waters flow at least periodically. Watercourse includes
specifically designated azeas in which substantial flood damage may occur.
AS. "Zone" means an area delineated on the Flood Insurance Rate Maps and Flood Hazazd
Boundary Maps with respect to its potential flood hazard. See "Special flood hazazd 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 azea 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;
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3. Evidence that electrical, heating, ventilation, plumbing, and air-conditioning
equipment and other service facilities aze 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.
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 Letter 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 areas 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 azound the
structures on slopes to guide flood waters around 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 aze usable solely for pazking of vehicles,
building access or storage, and which aze 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 directly enter.
Ordinance No. 3210
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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 gazages attached to a residential structure and constructed with the gazage floor
slab below the BFE shall be designed to allow for the automatic entry and exit of 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.
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Page 11
1. Accessory structures used solely for pazking (2 car detached gazages 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.]8.210;
£ 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 ]4.18.110 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 aze placed on or substantially improved within a special
flood hazard azea 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 park or subdivision within a special flood hazazd area and not subject to the
provisions of subsection A of this section shall be certified by a 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
Ordinance No. 3210
Page 12
2. The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height above grade.
14.18.200 Standards for repair, reconstruction or improvement of streets, utilities, and
pads in manufactured home parks.
The following standazds apply within zones Al-30 for new manufactured home pazks 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 10 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 aze an extremely hazardous area due to the velocity of floodwaters that
carry debris and potential projectiles, and have erosion potential, the following standazds apply:
A. Until a regulatory floodway is adopted, no new construction, substantial development, or
other development (including fill) shall be permitted within Zones AI-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 aze 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 dischazge; and
C. All new construction, substantial improvement, and other proposed development in a
floodway shall comply with al] 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, 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 hazazd azea 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. All 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 hazards.
Ordinance No. 3210
Page 13
14.18.230 Duties of City Engineer as floodplain administrator.
A. The City Engineer shall act as the Floodplain Administrator and shall administer,
implement, and enforce the standazds 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. All proposed developments aze 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 are 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 vehiculaz 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;
£ 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 ]and development permit applications
comply with the provisions of the certified Local Coastal Program and the standards of
subsections a.) through £) 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).
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.
Ordinance No. 3210
Page 14
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 Planniug 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 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 vaziance criteria set forth in this section are based on the general principle of zoning
law that variances pertain to a piece of property and are not personal in nature. A vaziance 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 hazdship 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 shazed by adjacent pazcels. 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 aze
so serious that vaziances from the flood elevation or from other requirements in this chapter aze
quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met
Ordinance No. 3210
Page IS
if variances aze strictly limited. Therefore, the vaziance 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 variances, 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;
£ Availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
g. Compatibility of the proposed use with existing and anticipated development;
h. Relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
i. Safety of access to the property in time of flood for ordinary and emergency
vehicles;
j. Expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters expected at the 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 vaziance
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.]8.280 Findings necessary for variances.
A. In granting a vaziance, 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 necessazy" means to afford relief with a minimum of deviation from the
requirements of this chapter;
Ordinance No. 3210
Page 16
3. That failure to grant the variance would result in exceptional hazdship 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 vaziance 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
vaziance granted and shall record, or cause to be recorded, the notice in the Office of the County
Recorder so that the notice appeazs in the chain of title of the affected pazcel of land:
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 vaziance actions, including
justification for the issuance of any vaziance. 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 regarding variances. The decision of the Boazd 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 azise between this chapter and the certified Local
Coastal Program, the latter shall prevail.
Presented by Approved as to form by
Rich d ans Glen R. oogins
Director o ublic Works 't A rney
Ordinance No. 3210
Page 17
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 11th day of October 2011, by the following vote:
AYES: Councilmembers: Aguilar, Castaneda and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: Bensoussan
ABSTAIN: Councilmembers: Ramirez
Cheryl Cox, N~~or
ATTEST:
/t)(yL~Aw! ~~
Donna R. Norris, CMC, ~ty Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3210 had its first reading at a regular meeting held on the 27th day of September
2011 and its second reading and adoption at a regular meeting of said City Council held on the
11th day of October 2011; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Dated Donna R. Norris, CMC, City Clerk