HomeMy WebLinkAboutOrd 2002-2889 ORDINANCE NO. 2889
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 18.54 OF THE CHULA VISTA MUNICIPAL CODE,
RELATING TO FLOODPLAIN REGULATIONS
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Chapter 18.54 of the Chula Vista Municipal Code is hereby amended
to read as follows:
Sections:
18.54.010
18.54.020
18.54.030
18.54.040
18.54.050
18.54.060
18.54.070
18.54.080
18.54.090
18.54.100
18.54.110
18.54.120
18.54.130
18.54.140
18.54.150
18.54.160
18.54.170
18.54.180
Chapter 18.54
FLOODPLAIN REGULATIONS
Purpose and intent.
Lands to which this chapter applies.
Basis for establishing the areas of special flood hazards.
Methods of Reducing Flood Losses.
Compliance.
Abrogation and Greater Restrictions.
Interpretation.
Warning and Disclaimer of Liability.
Severability.
Definitions.
Floodplain development--Permits required.
Floodplain development--Review by City Engineer.
Floodplain development--Review by Building Official.
Floodplain development--City Engineer action.
New water and sewage systems.
Alteration or relocation of watercourses.
Variance Procedure.
Ordinance supersedes any conflicting statutes.
18.54.010 Purpose and Intent.
In order to allow the City to pa~icipate in the Federal Flood Insurance Program (National
Flood Disaster Protection Act of 1973), it is required that the City adopt regulations controlling
the development of property within identified floodplains pursuant to the direction of said Act.
The City Council, therefore, assigns to the Building Official and to the City Engineer certain
added responsibilities, and they are authorized and directed to enforce all the provisions of this
chapter and all other ordinances of the city now in force or hereafter adopted, relating to zoning,
subdivision, or building codes. (Ord 2100 §1 (part), 1985; Ord 1842 §1 (part), 1978).
It is the purpose of this ordinance to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions in specific areas by
provisions designed to:
a) protect human life and health;
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b)
c)
d)
e)
f)
g)
h)
2889
minimize expenditure of public money for costly flood control projects;
minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
minimize prolonged business interruptions;
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.
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;
ensure that potential buyers are notified that property is in an area of special flood
hazard; and
ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
18.54.020 Lands to which this chapter applies.
The provisions of this Chapter 18.54 shall apply to all areas of special flood hazards,
areas of flood-related erosion hazards and areas of mudslide (i.e., mudflow) hazards within the
jurisdiction of the City of Chula Vista.
18.54.030 Basis for establishing the areas of special flood hazards.
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. This Flood
Insurance Study and attendant mapping is the minimum area of applicability of this title and may
be supplemented by studies of other areas which allow implementation of this title and which are
recommended to the City Council by the City Engineer. The study and Flood Insurance Rate
Maps (Community Panel Numbers 065021 0001-0007) are on file at the City Public Services
Building at 276 Fourth Avenue.
18.54.040 Methods of Reducing Flood Losses
In order to accomplish its purposes, this ordinance 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
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flood waters or which may increase flood hazards in other areas.
18.54.050 Compliance.
No structure or land shall hereafter be constructed, located, extended, converted, or
altered without full compliance with the term of this ordinance and other applicable regulations.
Violation of the requirements (including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the
City Council from taking such lawful action as is necessary to prevent or remedy any violation.
18.54.060 Abrogation and Greater Restrictions.
This ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
18.54.070 Interpretation.
In the interpretation and application of this ordinance, all provisions shall be:
A. considered as minimum requirements;
B. liberally construed in favor of the governing body; and
C. deemed neither to limit nor repeal any other powem granted under state statutes.
18.54.080 Warning and Disclaimer of Liability.
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger floods can
and will occur on rare occasions. Flood heights may be increased by man-made or natural
causes. This ordinance does not imply that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or flood damages. This ordinance shall
not create liability on the part of the City Council, any officer or employee thereof, the State of
California, or the Federal Insurance Administration, Federal Emergency Management Agency,
for any flood damages that result from reliance on this ordinance or any administrative decision
lawfully made hereunder.
18.54.090 Severability.
This ordinance and the various parts thereof are hereby declared to be severable. Should
any section of this ordinance be declared by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of the ordinance as a whole, or any portion thereof other
than the section so declared to be unconstitutional or invalid.
18.54.100 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.
"Area of flood hazard" means areas within the community subject to a one
percent or greater chance of flooding in any given year.
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B. "Basement" means any area of the building having its floor subgrade (below
ground level) on all sides.
C. "Base Flood" means the flood having a 1 percent chance of being equalled or
exceeded in any given year.
D. "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.
E. "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.
F. "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.
G. "Fraud and victimization" as related to 18.54.170, variances, of this ordinance,
means that the variance granted must not cause fraud on or victimization of the
public. In examining this requirement, the City of Chula Vista will consider the
fact that every newly constructed building adds to government responsibilities and
remains a part of the community for fifty to one-hundred years. Buildings that are
permitted to be constructed below the base flood elevation are subject during all
those years to increased risk of damage from floods, while future owners of the
property and the community as a whole are subject to all the costs, inconvenience,
danger, and suffering that those increased flood damages bring. In addition,
future owners may purchase the property, unaware that it is subject to potential
flood damage, and can be insured only at very high flood insurance rates.
H. "Hardship" as related to 18.54.170, variances, of this ordinance means the
exceptional hardship that would result from a failure to grant the requested
variance. The City Council requires that the variance be exceptional, unusual,
and peculiar to the property involved. Mere economic or financial hardship alone
is not exceptional. Inconvenience, aesthetic considerations, physical handicaps,
personal preferences, or the disapproval of one's neighbors likewise cannot, as a
nde, qualify as an exceptional hardship. All of these problems can be resolved
through other means without granting a variance, even if the alternative is more
expensive, or requires the property owner to build elsewhere or put the parcel to a
different use than originally intended.
I. "Highest Adjacent Grade" means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
J. "Historic structure" means any structure that is:
1. listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by
the Secretary of the Interior as meeting the requirements for individual
listing on the National Register;
2. certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or
a district preliminarily determined by the Secretary to qualify as a
registered historic district;
3. individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the Secretary
of Interior; or
4. individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified either by an
approved state program as determined by the Secretary of the Interior or
Ro
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directly by the Secretary of the Interior in states without approved
programs.
"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 basemem 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.
"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 trailer, and other similar vehicles.
"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.
"One-hundred-year flood" means the condition of flooding having a one percent
chance of annual occurrence.
"Public safety and nuisance" as related to 18.54.170, variances, of this ordinance
means that the granting of a variance must not result in anything which is
injurious to safety or health of an entire community or neighborhood, or any
considerable number of persons, or unlawfully obstructs the free passage or use,
in the customary manner, of any navigable lake, or river, bay, stream, canal, or
basin.
"Regulatory flood elevation" means the water surface elevation of the
one-hundred-year flood.
"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 flood ways 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.
"Start of Construction" (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (Public Law 97-348),
includes substantial improvement, and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction, placement
or other improvement was 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
manufactured 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.
"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 similar uses.
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T. "Substantial improvement" means any repair, reconstruction or improvement of a
structure, the cost of which equals or exceeds fifty percent of the market value of
the structure either:
1. Before the improvement is started; or
2. If the structure has been damaged and is being restored, before the damage
occurred.
For the purposes of this definition 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 state registers of historic places.
18.54.110 Floodplain development--Permits required.
No person, firm or corporation shall erect, construct, enlarge or improve any
building or structure, or begin development within areas of flood hazard in the
city or cause the same, including the placement of manufactured homes, to be
done without first obtaining a building permit for each such action.
To obtain such a building permit, the applicant shall first file an application
therefor in writing with the Building Official on a form furnished for that purpose.
Every such application shall:
1. Identify and describe the work to be covered by the permit for which
application is made;
2. Describe the land on which the proposed work is to be done by lot, block,
tract and house and street address, or similar description that will readily
identify and definitely locate the proposed building of work;
3. Indicate the use or occupancy for which the proposed work is intended;
4. Be accompanied by necessary plans and specifications for the proposed
construction showing the nature, location, dimensions, and elevation of the
area in question; existing or proposed stmctures, fill, storage of materials,
drainage facilities; and the location of the foregoing;
5. Be signed by the applicant or the applicant's his authorized agent who
may be required to submit evidence to indicate such authority.
6. Be accompanied by elevations (in relation to sea level) of the lowest floor
(including basement) or in the case of floodproofed (as defined in this
chapter) nonresidential structures, the elevation to which it has been
floodproofed. Docuraentation or certification of such elevations will be
maintained by the Building Official.
7. Be accompanied by a certification, submitted by a licensed Civil Engineer,
Structural Engineer, or Architect, that the plans and specifications for the
proposed building or structure comply with the floodproofing
requirements of the National Flood Insurance Program as revised. Said
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, shall certify that such building or
structure has been so floodproofed and shall specify the elevation to which
such floodproofing is effective. This provision is not applicable to
manufactured homes.
8. Electrical, heating, ventilation, plumbing, and air-conditioning equipment
and other service facilities shall be designed and/or located as to prevent
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water from entering or accumulating within the components during
conditions of flooding.
9. Give such other information as reasonably may be required by the
Building Official and the City Engineer.
In the coastal zone, development in floodplains shall also be required to obtain a
coastal development permit consistent with the applicable provisions of the
certified Local Coastal Program.
18.54.050 Floodplain development--Review by City Engineer.
The City Engineer shall review all development permit applications 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 received as required by federal or state law. Copies of such permits shall be
required part of permit applications.
STANDARDS FOR SUBDIVISIONS.
All preliminary subdivision proposals shall identify the special flood hazard area
and the elevation of the base flood.
Ail subdivision plans will provide the elevation of proposed structure(s) and
pad(s). If the site is filled above the base flood elevation, the lowest floor and pad
elevations shall be certified by a registered professional engineer or surveyor and
provided to the City Engineer.
Ail subdivision proposals shall be consistent with the need to minimize flood
damage.
Ail subdivision proposals shall have public utilities and facilities such as sewer,
gas, electrical and water systems located and constructed to minimize flood
damage.
Ail subdivisions shall provide adequate drainage to reduce exposure to flood
hazards.
18.54.130 Floodplain development--Review by Building Official
The Building Official, in reviewing all applications for new construction, substantial
improvements, prefabricated buildings, placement of manufactured homes and other
developments (as defined in this chapter) shall obtain, review and reasonably utilize any base
flood elevation and floodway data available from a federal, state or other source, as criteria for
requiring that new construction, substantial improvements, or other development in Zone A on
the official map meet the following standards:
1) STANDARDS OF CONSTRUCTION.
In all areas of special flood hazards the following standards are required:
Anchoring
1. All new construction and substantial improvements shall be adequately
anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy.
2. Ail manufactured homes shall meet the anchoring standards to the
satisfaction of the Building Official.
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B.
Construction materials and methods. All new construction and substantial
improvement shall be constructed
1. with flood resistant materials as specified in Federal Emergency
Management Agency (FEMA) Technical Bulletin TB 2-93, and utility
equipment resistant to flood damage;
2. using methods and practices that minimize flood damage;
3. with electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located so
as to prevent water from entering or accumulating within the components
during conditions of flooding; and if
4. within Zones AH or AO, so that there are adequate drainage paths around
structures on slopes to guide flood waters around and away from proposed
stmctures.
Residential structures and substantial improvements of residential structures shall
meet the following standards:
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.
2) STANDARDS FOR UTILITIES.
All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate:
1. infiltration of flood waters into the systems, and
2. discharge from the systems into flood waters.
On-site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
All design of the project shall be certified by a registered professional in the respective
field of expertise.
3) STANDARDS FOR MANUFACTURED HOMES.
A. All manufactured homes that are placed on or substantially improved within a
special flood hazard area as identified on the City's flood insurance rate map 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.
5. 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 hazard area and
not subject to the provisions of Section 18.54.130.3.B.1 will be securely fastened to an
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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 reinfomed piers or other
foundation elements of at least equivalent strength that are no less than 36
inches in height above grade.
3. All manufactured homes and associated improvements shall be certified
by a registered professional engineer and surveyor.
4) STANDARDS FOR NON-RESIDENTIAL STRUCTURES.
The lowest floor elevation (to include basement) of nonresidential structures 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; or together with attendant utility and sanitary
facilities 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;
Require the use of construction materials and utility equipment that are resistant
to floodwater damage;
Require the use of construction methods and practices that will minimize flood
damage;
Be designed or anchored to prevent the flotation, collapse or lateral movement of
the structure or portions of the structure due to flooding. Said design shall be
certified by a registered professional engineer and surveyor;
For all new construction and substantial improvements, fully enclosed areas below the
lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for
meeting this requirement must either be certified by a registered professional engineer or
architect or must meet or exceed the following minimum criteria: A minimum of two openings
have a total net area of not less than one square inch for every square foot of enclosed ama
subject to flooding shall be provided. The bottom of all openings shall be no higher than one
foot above grade. Openings may be equipped with screens, louvers, or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters.
18.54.140 Floodplain development--City Engineer action.
The City Engineer shall review all subdivision and land development permit applications
and shall make findings of fact and assure that:
A. All such proposed developments are consistent with the need to minimize flood
damage;
B. Proposals for subdivisions and other new development incorporating more than
five acres of fifty lots, whichever is lesser, show on tentative parcels maps, tentative
subdivision maps or site plans, regulatory flood elevation data for any included area
designated zone A, zone Al-30 or zone AO;
C. Adequate drainage is provided so as to reduce exposure to flood hazards;
D. Ail public utilities and facilities are located so as to minimize or eliminate flood
damage;
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E. The natural landscape of all designated floodways and major watercourses is
substantially preserved;
F. 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 A0;
G. Within zones Al-30, 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 where the repair, reconstruction or improvement of the streets, utilities and
pads equals or exceeds fifty percent of the value of the streets, utilities and pads before
the repair, reconstruction or improvement has commenced have:
1. Stands or lots 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,
2. Adequate surface drainage and access for a hauler, and
3. In the instance of elevation on pilings, lots are large enough to permit
steps, piling foundations are placed in stable soil no more than ten feet
apart, and reinforcement is provided for pilings more than six feet above
the ground level;
H. 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 one-hundred-year flood discharge
are prohibited.
I. In the coastal zone, the City Engineer shall review all subdivision and land
development permit applications and shall recommend to the City Council findings as to
whether any proposed subdivision complies with the provisions of the certified Local
Coastal Program and the standards of Subsections A-H, above.
18.54.150 New water and sewage systems.
New water and sewer systems shall be constructed to eliminate or minimize infiltration
by, or discharge into, floodwaters. Moreover, on-site waste disposal systems will be designed to
avoid impairment or contamination during flooding. (Ord 2100 §1 (part), 1985; Ord 1842 §1
(part), 1978).
18.54.160 Alteration or relocation of watercourses.
The City Engineer shall review all plans for alteration or relocation of any watemourse
within the City to assure that the flood-carrying capacity of such watercourse is maintained. The
City will notify, in riverain situations, affected communities and the state coordinating office
prior to any alteration or relocation of a watercourse, and submit copies of such notifications to
the administrator of the Federal Insurance Administration. Moreover, City Officers will 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. In the coastal,
any subdivision that involves the alteration or relocation of a stream shall also conform to the
applicable provisions of the certified local coastal program.
18.54.170 Variance Procedure
1) NATURE OF VARIANCES.
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The variance criteria set forth in this section of the ordinance are based on the general
principle of zoning law that variances pertain to a piece of property and are not personal in
nature. A variance may be granted for a parcel of property with physical characteristics so
unusual that complying with the requirements of this ordinance would create an exceptional
hardship to the applicant or the surrounding property owners. The characteristics must be unique
to the property and not be shared by adjacent parcels. The unique characteristic must pertain to
the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the City 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 the
flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and
damage can only be met if variances are strictly limited. Therefore, the variance guidelines
provided in this ordinance are more detailed and comain multiple provisions that must be met
before a variance can be properly granted. The criteria are designed to screen out those
situations in which alternatives other than a variance are more appropriate.
APPEAL BOARD.
A. In passing upon requests for variances, the Board of Appeals and Advisors shall
consider all technical evaluations, all relevant factors, standards specified in other
sections of this ordinance, and the
1. danger that materials may be swept onto other lands to the injury of
others;
2. danger of life and property due to flooding or erosion damage;
3. susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the existing individual owner and future
owners of the property;
4. importance of the services provided by the proposed facility to the
community;
5. necessity to the facility of a waterfront location, where applicable;
6. availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
7. compatibility of the proposed use with existing and anticipated
development;
8. relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
9. safety of access to the property in time of flood for ordinary and
emergency vehicles;
10. expected heights, velocity, duration, rate of rise, and sediment transport of
the flood waters expected at the site; and
11. costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water system, and streets and
bridges.
B. Any applicant to whom a variance is granted shall be given written notice over the
signature of a Building Official that:
1. the issuance of a variance to construct a structure below the base flood
level will result in increased premium rates for flood insurance up to amounts as
high as $25 for every $100 of insurance coverage, and
2. such construction below the base flood level increases risks to life and
property. It is recommended that a copy of the notice shall be recorded by the
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Building Official in the office of the County Recorder and shall be recorded in a
manner so that it appears in the chain of title of the affected parcel of land.
C. The Building Official will maintain a record of all variance actions, including
justification for their issuance, and report such variances issued in its biennial report
submitted to the Federal Insurance Administration, Federal Emergency Management
Agency.
3) CONDITIONS FOR VARIANCES.
A. Generally, variances may be issued for new construction, substantial
improvement, and other proposed new development to be erected on a lot of one-half
acre or less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level. As the lot size increases beyond one-half acre,
the technical justification required for issuing the variance increases.
B. Variances may be issued for the repair or rehabilitation of "historic structures" (as
defined in 18.54.030 of this ordinance) upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as an historic
structure and the variance is the minimum necessary to preserve the historic character and
design of the structure.
C. Variances shall not be issued within any mapped regulatory floodway if any
increase in flood levels during the base flood discharge would result.
D. Variances shall only be issued upon a determination that the variance is the
"minimum necessary" considering the flood hazard, to afford relief. "Minimum
necessary" means to afford relief with a minimum of deviation from the requirements of
this ordinance. For example, in the case of variances to an elevation requirement, this
means the Board of Appeals and Advisors need not grant permission for the applicant to
build at grade, or even to whatever elevation the applicant proposes, but only to that
elevation which the City of Chula Vista believes will both provide relief and preserve the
integrity of the local ordinance.
E. Variances shall only be issued upon a:
1. showing of good and sufficient cause;
2. determination that failure to grant the variance would result in exceptional
"hardship" (as defined in 18.54.100 of this ordinance) to the applicant; and
3. determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, or extraordinary public
expense, create a nuisance (as defined in 18.54.100- see "Public safety or
nuisance"), cause fraud or victimization (as defined in 18.54.100) of the
public, or conflict with existing local laws or ordinances.
F. Variances may be issued for new construction, substantial improvement, and
other proposed new development necessary for the conduct of a functionally dependent
use provided that the structure or other development is protected by methods that
minimize flood damages during the base flood and does not result in additional threats to
public safety and does not create a public nuisance.
G. The City of Chula Vista may attach such conditions to the granting of variances as
it deems necessary to further the purposes of this ordinance.
18.54.180 Ordinance supersedes any conflicting statutes.
This chapter shall take precedence over conflicting ordinances or parts of ordinances.
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.
Ordinance 2889
Page 13
In the coastal zone, where conflicts arise between this ordinance and the certified Local
Coastal Program, the latter shall prevail.
SECTION II: This ordinance shall become effective upon the thirtieth day from and after its
second reading and adoption.
Presented by
Approved as to form by
JuP~blic~io1 ~ ·
tt . Kaheny U
omey
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 26th day of November, 2002, by the following vote:
AYES:
Councilmembers:
Davis, Padilla, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2889 had its first reading at a regular meeting held on the 19th day of November,
2002 and its second reading and adoption at a regular meeting of said City Council held on the
26th day of November, 2002.
Executed this 26th day of November, 2002.
Susan Bigelow, City Clerk