HomeMy WebLinkAbout2001/03/12 Board of Appeals & Advisors Agenda Packet
·L..--k~3
0:)/ ¡l/el
August 7, 2001
STAFF REPORT
BOARD OF APPEALS
SUBJECT: Amendments to the City's Floodplain Ordinance, Chapter 18.54 of the
Municipal Code
RECOMMENDATION:
Staffrecommends that the Board of Appeals support the proposed changes to Chapter
18.54, Floodplain Ordinance, of the City's Municipal Code,
BACKGROND:
In a letter dated May 25,2001, DWR (the Department of Water Resources) informed
City staffthat in order for the City to continue its participation in the NFIP (National
Flood Insurance Program), the City must amend its floodplain management ordinance to
incorporate NFIP requirements (Title 44, Code of Federal Regulations, Sections 59 and
60.3 through 60.6,)
DWR provided City staff with a copy of a model ordinance titled CALIFORNIA
MODEL FLOODPLAIN MANAGEMENT ORDINANCE, dated June 1999, and
recommended that the City adopt a customized version of the model ordinance,
Furthermore, DWR requested that a draft copy of the amended floodplain management
ordinance be made available for its staff to review and comment.
After reviewing the existing ordinance and comparing it with DWR model ordinance,
staff believes that the City can meet NFIP requirements but yet keep the changes to the
adopted ordinance as simple as possible. City staff prepared a draft and a copy was
mailed to DWR on August 2, 2001. We are attaching a copy of the draft for your review,
Since a number of sections have been revised to incorporate NFIP requirements, the
Board may wish to take a closer look at Section 18,54,100. In order to achieve
compliance with NFIP requirements, Section 18,54,100, Exceptions granted by board of
appeals, has changed in its entirety. The revised Section is now titled Variance
Procedures and the Section is divided into three sub sections; I) Nature of Variances, 2)
Appeal Board and 3) Conditions for Variances, The guidelines provided in the revised
Section are more detailed and contain a number of provisions that must be met before the
Appeals Board can "properly" grant a variance,
For the City to continue its participation in the NFIP and to continue to have flood
insurance available to its residents at low rates, staffrecommends that the Board support
the proposed changes to Chapter 18,54 as per the attached draft copy dated 7/25/2001.
Chapter 18.54
FLOODPLAIN REGULATIONS
Sections:
18.54.010 Purpose aud intent.
18.54.015 Lands to which this chapter applies.
18.54.020 Basis for establishing the areas of specialllood hazards.
18.54.030 Definitions.
18.54.040 Floodplain development-Permits required.
I 8.54.050 Floodplain development-Review by city engineer.
18.54.060 Floodplain development-Review by director of building and housing.
18.54.070 Floodplain development-City engineer action.
18.54.080 New water and sewage systems.
18.54,090 Alteration or relocation of watercourses.
18,54.100 Exceptions granted by board of appeals.
18.54.110 Ordinance supersedes any conflicting statutes.
18.54.010 Purpose and Intent.
In order to allow the city to participate 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
à-i-re£tef af building anti h6tt.3ing 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 § I (part), 1985; Ord 1842 § 1 (part), 1978),
It is the purpose of this ordinance to promote the Dublic health. safety. and general welfare. and to minimize public and
private losses due to flood conditions in specific areas bv provisions desÏ!:med to:
a) protect human life and health:
b) minimize expenditure of public money for costly flood control DIOiects;
c) minimize the need for rescue and relief efforts associated with floodim! and 2:enerallv undertaken at the
eXDense of the general Dublic;
d) minimize Drolonged business interruDtions:
e) minimize dama2:e to Dublic facilities and utilities such as water and 2:as mains: electric. teleühone and sewer
lines; and streets and bridges located in areas of special flood hazard,
f) helD maintain a stable tax base bv vIOvidin2: for the sound use and develovment of areas of svecial flood
hazard so as to minimize future bliehted areas caused bv flood dama¡;æ:
g) ensure that votential buyers are notified that DIOvertv is in an area of svecial flood hazard: and
h) ensure that those who OCCUDV the areas of sDecial flood hazard assume resDonsibilitv for their actions.
18.54.015 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 ofmudslide (i,e" mudflow) hazards within the jurisdiction of the City ofChula Vista, (Ord
2386 § I, 1990),
18.54.020 Basis for establishing the areas of specialllood hazards.
The areas of special flood hazards identified by the Federal Insurance Administration (FlA) of the Federal
Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated June 19, 1997 and accompanying
(R 12/'
1
Flood Insurance Rate MaDs (FIRMS) and Flood Boundary and Floodwav MaDs (FBFMs1. 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, (Ord 2386 §2, 1990; Ord 2170 §I,
1986; Ord 2100 § I (part), 1985; Ord 2039 § 1 (part), 1983; Ord 1842 § I (part), 1978),
18,54,021 METHODS OF REDUCING FLOOD LOSSES, In order to accomDlish its Durooses, this
ordinance includes methods and provisions to
A. restrict or prohibit uses which are dan!:!:erous to health. safety. and property due to water or
erosion hazards. or which result in damaging increases in erosion or flood heÜrhts or velocities:
B. reauire that uses vulnerable to floods. inc1udine facilities which serve such uses. be protected
a2:aÎnst flood damage at the time of initial construction:
C. control the alteration of natural floodplains. stream channels. and nahlIal protective barriers.
which helD accommodate or channel flood waters:
D. control fillim!. I!radiTIl!. dred1Úmr. and other development which may increase flood dama2:e:
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.
18,54,022 COMPLIANCE. No structure or land shall hereafter be constructed. located, extended, converted,
or altered without full compliance with the tenn of this ordinance and other aoplicable rel!Ulations.
Violation of the reauirements (inc1udin2: violations of conditions and safe2:uards established in
connection with conditions) shall constitute a misdemeanor. Nothing herein shall Drevent the City
Council from takin2: such lawful action as is necessary to prevent or remedy any violation.
18,54,023 ABROGATION AND GREATER RESTRICTIONS, This ordinance is not intended to reDeal.
abro2:ate. 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 strine:ent restrictions shall prevail.
18.54.024 INTERPRETATION, In the interoretation and aDDlication of this ordinance, all Drovisions shall be
A. considered as minimum reauirements:
B. liberallv construed in favor of the e:overnin2: bodv: and
c. deemed neither to limit nor repeal any other powers 2:ranted under state statutes.
18.54,025 WARNING AND DISCLAIMER OF LIABILITY, The degree of flood Drotection required bv this
ordinance is considered reasonable for re2:ulat01v PUIOoses and is based on scientific and
en2:ineerin2: considerations. LaI2:er floods can and will occur on rare occasions. Flood heÜ!hts may
be increased by man-made or natural causes. This ordinance does not imply that land outside the
(RI2/'
2
areas of special flood hazards or uses pennitted within such areas will be free from flooding or
flood damages, This ordinance shall not create liability on the part of the City Council. anv officer
or emvlovee thereof. the State of California. or the Federal Insurance Administration. Federal
Emergency Manal!ement A!ZencY. for any flood dama!les that result from reliance on this
ordinance or any administrative decision lawfully made hereunder.
18,54.026 SEVERABILITY, This ordinance and the various parts thereof are herebv declared to be severable.
Should anv section of this ordinance be declared bv the courts to be unconstitutional or invalid. such decision shall
not affect the validity of the ordinance as a whole, or anv portion thereof other than the section so declared to be
unconstitutional or invalid.
18.54.030 Definitions.
Unless specifically dermed 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, "Area of flood hazard" means areas within the community subject to a one percent or greater chance of flooding
in any given year. These areas are identified as zones A, Al-30 and AO on the official maps.
E. "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 I 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, "Floodproofmg" 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.
"Fraud and victimization" as related to 18.54.100. Variances. of this ordinance. means that the variance
I!.ranted must not cause fraud on or victimization of the oubHc. In examinine: this requirement. the
{ community !lovernillll bodv} will consider the fact that every newlv constructed building adds to
!lovemment resoonsibilities and remains a oart of the community for fifty to one-hundred years. Buildinl!.s
that are oennitted to be constructed below the base flood elevation are sublect durin!:! all those vears to
increased risk of dama!:!e from floods. while future owners of the orooertv and the community as a whole are
subiect to all the costs, inconvenience, danger, and suffering that those increased flood damages bring, In
addition. future owners may Durchase the orooertv. unaware that it is sublect to ootential flood dama!:!e. and
can be insured only at verv hi!:!h flood insurance rates.
"Hardship" as related to 18,54,100, Variances, of this ordinance means the exceptional hardship that would
result from a failure to I!rant the requested variance. The City Council reauires that the variance be
exceptiona1. unusual. and oeculiar to the oropertv involved. Mere economic or financial hardshio alone is not
exceotional. Inconvenience. aesthetic considerations. ohvsical handicaos. oersonal oreferences. or the
disaooroval of one's nei2:hbors likewise cannot. as a rule. Qualifv as an exceotional hardshio. All of these
problems can be resolved throm!h other means without I!rantinl! a variance. even if the alternative is more
exoensive. or reauires the orooertv owner to build elsewhere or out the oarcel to a different use than
ori2:inallv intended.
(R 12/'
3
G, "Highest Adjacent Grade" means the highest natural elevation of the ground surface prior to construction next to
the proposed walls of a structure.
"Historic structure II means anY structure that is
1. listed individually in the National Register of Historic Places (a listing maintained bv the Department of
Interior) or preliminarily determined bv the Secretary of the Interior as meetine: the requirements for
individuallistinl! on the National Ree:ister:
2. certified or preliminarily determined bv the Secretary of the Intenor as contnbutm!:! to the hIstoncal
significance of a ree:istered historic district or a district preliminarily determined bv the Secretary to Qualifv
as a reeistered historic district:
3. individually listed on a state inventory of historic places in states with historic preservation pro2:rams
which have been approved bv the Secretary of Interior: or
4. individuallv listed on a local inventory of historic places III communities with historic preservation
proerams that have been certified either bv an approved state prolITam as detennined bv the Secretary of the
Interior or directlv bv the Secretary of the Interior in states without approved proeraITIS.
H, "Lowest Floor" means the lowest of the lowest enclosed area (including basement). An unfmished 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.
1. "Manufactured home" means a structure, transportable in one or more sections, which is built on a pennanent
chassis and designed to be used with or without a pennanent 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.
J. "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.
K. "One-hundred-year flood" means the condition of flooding having a one percent chance of annual occurrence.
"Public safetv and nuisance" as related to 18.54,100. Variances, of this ordinance means that the granting of a
variance must not result in anvthim! which is injurious to safety or health of an entire community or
neighborhood. or anv considerable number of tJersons. or unlawfullv obstructs the free passaee or use. in the
customary manner. of anv navÏ!:mble lake. or river. bav. stream. canaL or basin.
L. "Regulatory flood elevation" means the water surface elevation of the one-hlIDdred-year flood.
M, "Regulatory floodwayll 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
(R 12/'
4
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,
N. "Start of Construction" (for other than new construction or substantial improvements under the Coastal Barner
Resources Act (Public Law 97-348), includes substantial improvement, and means the date the building pennit
was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was
within 180 days of the pennit 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.
0, "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.
p, "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 defmition substantial improvement is considered to occur when the fIrst alteration of any
wall, ceiling, floor or other structural part of the building conunences, 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, (Ord 2248 §I, 1988; Ord 2197 §I (part), 1987; Ord 2100 §I (part), 1985; Ord 2039 §I (part), 1983; Ord 1842
§ I (part), 1978),
18.54.040 Floodplain development-Permits required,
A, No person, [¡nn or corporation shall erect, construct, enlarge or improve any building or structure, or begin
develonment within areas of flood hazard in the city or cause the same, including the placement of manufactured
homes, to be done without flfst obtaining a building pennit for each such action,
B. To obtain such a building permit, the applicant shall flfst fIle an application therefor in writing with the <Iifeete<
efb"ilffing anti hetl,ing Building Official on a form furnished for that purpose. Every such application shall:
1. Identify and describe the work to be covered by the pennit 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 defmitely 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 showinl! the nature.
location. dimensions. and elevation of the area in auestion: existinl! or orooosed structures. fill. storage of
materials. drainage facilities: and the location of the foregoing;
(R 12/'
5
5, Be signed by the applicant pam,,:!tce or his the applicant's 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 defmed in this chapter) nomesidential structures, the elevation to which it has
been floodproofed, Documentation or certification of such elevations will be maintained by the director of
building and housing,
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 floodproofmg
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 fmal
approval for use or occupancy thereof, shall certify that such building or structure has been so
floodproofed,-He and shall aIse specify the elevation to which such floodproofmg 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 water from entering or accumulating within the components
during conditions of flooding,
9. Give such other information as reasonably may be required by the Dircetor ef BuiMin¡; llfid Heu.;"¡;
Building Official and the City Engineer.
C. In the coastal zone, development in floodplains shall also be required to obtain a coastal development pennit
consistent with the applicable provisions of the certified Local Coastal Program,
(Ord 2248 §2, 1988: Ord 2197 §l (part), 1987; Ord 2100 §I (part), 1985; Ord 1842 §(part), 1978),
18.54.050 Floodplain development-Review by City Engineer.
The City Engineer shall review all development pennit 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 pennits have been received as required by federal or state law, Copies
of such pennits shall be required part of permit applications, (Ord 2386 §3, 1990; Ord 2197 § I (part), 1987; Ord 2100
§I (part), 1985; Ord2039 §I (part), 1983; Ord 1842 §l (part), 1978),
STANDARDS FOR SUBDIVISIONS.
A. All preliminary subdivision proposals shall identify the soecial flood hazard area and the elevation
of the base flood,
B, All subdivision Dlans will Drovide the elevation of DroDosed structure!s) and Dad!s), If the site is
filled above the base flood elevation, the lowest floor and Dad elevations shall be certified bv a
re2:istered professional en2:ineer or survevor and provided to the Floodolain Administrator.
C. All subdivision proposals shall be consistent with the need to minimize flood dama2e.
D, All subdivision DroDosals shall have Dublic utilities and facilities such as sewer. gas, electrical and
water svstems located and constructed to minimize flood dama2e.
(R 12/'
6
£, All subdivisions shall provide adequate drainage to reduce exposure to flood hazards,
18.54.060 Floodplain development--Review by Director of Buildiftg 8ftd IIou,iftg Building Official
The Difeetôf fir Dtlilding and II8tl3:ing Buildinl! 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:
A. Anchorinl!
1. All new construction and substantial improvements shall be adeauatelv anchored to prevent
flotation. collapse or lateral movement of the structure resulting from hydrodynamic and
hvdrostatic loads. including the effects ofbuovancv,
2, All manufactured homes shall meet the anchoring standards to the satisfaction of the
Building Official.
B. Construction materials and methods. All new construction and substantial improvement shall
be constructed
1. with flood resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility
eauipment resistant to flood damal!.e:
2. using methods and Dractices that minimize flood damage:
3. with electrical. heatim!. ventilation. Dlumbing and air conditioning eauiDment and other
service facilities that are designed and/or located so as to Drevent water from enterim! or
accumulatin!! within the comDonents durin!! conditions of flooding: and if
4. within Zones AH or AG. so that there are adeauate drainage Daths around structures on
slODes to !!uide flood waters around and awav from DroDosed structures.
A, 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.
(R 12/'
7
STANDARDS FOR UTILITIES,
A. All new and revlacement water supulv and sanitary sewage systems shall be desÜmed
to minimize or eliminate:
1. infiltration of flood waters into the systems. and
2. discharge from the systems into flood waters.
B. On-site waste disposal systems shall be located to avoid imuainnent to them. or
contamination from them during flooding,
All design of the DIOlect shall be certified bv a registered professional in the respective field of expertise.
B. Standards for manufactured homes:
l. 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:
a, Outside of a manufactured home park or subdivision; or
b, In a new manufactured home park or subdivision, or
c. In an expansion to an existing manufactured home park or subdivision, or
do In an existing manufactured home park or subdivision within which a manufactured home has
incurred IIsubstantial damage" as the result of a flood 3hall he de. ateà fin a pefl1lant:nt faundatiaft
,ueh thftl the Ie.. e'I fJeðr ef the fflanufaetureti home i, at lea'I eRe foet !!be. e the base fJeeti
de, atifin aflà he 3ee:mel) 8:l1eftaffà t8 an aàe<J.öatel) afi€hôfeà fôtmclatiôl1 3) stem to resist fleœtÜm,
eallapse and lateral mo. emeftt.
e, shall be elevated on a pennanent 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.
2, 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
18,54.060.B.I will be securelv fastened to an adequatelv anchored foundation svstem to resist flotation.
collaDse. and lateral movement, and shall be elevated so that either:
a, The lowest floor of the manufactured home is at least one foot above the base flood elevation, or
IT. 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 anti be '«life!)
anefl8feà 18 Mi aàeé}titttefj aneken::à fÐtiIlàaå8fl 3) stefl} t8 re3i3t f.1ðtfttÚm, eal1apse and lateral
ffia. eߣl1t.
c, All manufactured homes and associated imorovements shall be certified bv a re2:istered
orofessional en2:ineer and surveyor.
(R 12/'
8
d, l...331:He that in rega:rd to maIlufaetureà fl6H1e3, 3f3eeit1e RBEflôring l'¿quÌ:remeftt3 ineffiàe.
1. O. er the tap tie3 be pro. iclecl at each ef the ÍtH-If E8ffiEf3 8f the ffianllfaetlHeà flðme n ith
1\. a a<l<litianal ti" per .ido at the imermediate laeatioH', Mantifaclmed hame, le33 than [ilf) feet
laRg re~uire aul) one adffitio",,1 tie per ,ide,
11. Friffi1e tie, be pro, idcd at eaeh eamer af the hame .. ith [i, e adffitiona¡ tie, per .ido at
intermediate point" ¡>, """fftelufed Home. lc33 than lift! fect IOHg refjUÌfo anly faur additioHal tieJ
pcr .ide,
Ill.. EacH refjUired tie af tho aneHaring '} .Iem 'Hall be capable of carr; ing a foree af f01lf
thouJand eight Hundred pa",,,13,
1.. l...R) aààiâ8R3 to moBile heme:} 3hall he 3imilarl) an.el:iôreà.,
6, I.ll fflftlltlfflclurod Hawes to be placed or .tlb'lflntiall} impra. ed .. ithiH LeHO' 11. 1 30, All, aHd I.E ,hflll be
eIa. Btetl 8ft a pCffilaneflt fÔWlcla-tiOfl :melt that the 16.. E3t flaB! ef the manufactured flame i3 at 8f aß8. e tfle
ba.e flaad ele, atiaH and be ,eeardy _hared la an adequately aneHarod fuwulfltian .y.tem in aeeaffiflnee
.. ith the pro, iJia"" af this Chapter.
C. Nomesidential structures shall meet the following standards:
1. 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
impenneable to the passage of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy;
2, Require the use of construction materials and utility equipment that are resistant to floodwater damage;
3, Require the use of construction methods and practices that will minimize flood damage;
4, Be designed or anchored to prevent the flotation, collapse or lateral movement of the structure or portions
of the structure due to flooding. Said desiw shall be certified bv a re!Zistered urofessional em!ineer and
surveyor:
5, /.:33tife tflat in regarEl 16 H1ftfltifaetIHeà flames, 3þe:eifie ane:hô1'ing requirements ifteffiàe.
a, O. er the tap ties be pm. ¡lied at each af the fstlr eameF3 af the ffifll1tlfaetl:lfeà flôh1e n ith t.. 8
additional ties per side at the intennecliate leeati6ß3. :MBfll:1faetlHeà ft8H1BS less thafl tift) feet lôflg
refjUiro aHI) ene a<l<litia",,1 tie per ,ide,
b, Ff!lme lie. be provided at e.eH eamer af the Heme .. ith j, e additi8ßfll tic, per ,ide at intermediate
paints, MawfaeMed heme,le" than lilf) &ct lang re~tlire onl) fatlr adffitia""l tie, per .idc,
e, Each rCfjUired tie ef the aneharing ') .tem ,hall be eapable af Cliff) ing a furee af f01lf thatl3and
eight han""ed patlnd.,
d, hny a<l<litiaH3 la mobile Heme, shall bo .inHI",I)' aneHofed,
6, Alllll8lRlfaetured lU:lfl1C3 to he placed 6f 3l:1ß3tt1:fltiall) it11pre.eà. ..ithiR ZOfles ,'\.1 30, .\II, slid AI:: shall he
cle', ated 6ft a permanent f13uHàation ""elt that the 10.. e.t flear ef the ",,,,,"faeMed heme i, at Ðf aba, e the
(RI2/'
9
base floeà de, .lion anti be >ectlfel) .nehoreà te on .àc'ltl<>lel) onehoreà fotlnà.lien system in .ceof(!ftnee
,ti!h the ]'r8, isiens of !hi> Ch"l'Ief,
D, For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are
'tt6jeet te f10eàing 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 area subject to flooding shall be provided, The bottom of all openings shall be no higher
than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
(Ord 2386 §4, 1990; Ord 2248 §3, 1988; Ord 2197 §I (part), 1987; Ord 2100 § I (part), 1985; Ord 2039 § I (part), 1983;
Ord 1842 §l (part), 1978),
18.54.070 Floodplain development-City Engineer action.
The City Engineer shall review all snbdivision and land development pennit applications and shall make
rmdings offact 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 AI-30 or zone AO;
C, Adequate drainage is provided so as to reduce exposure to flood hazards;
D, All public utilities and facilities are located so as to minimize or eliminate flood damage;
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 AI-3D and zone AD;
G, Within zones AI-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;
(R 12/'
10
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,
1. In the coastal zone, the City Engineer shall review all subdivision and land development pennit applications and
shall recommend to the City Council fmdings as to whether any proposed subdivision complies with the
provisions of the certified Local Coastal Program and the standards of Subsections A-H, above.
(Ord 2100 §1 (part), 1985; Ord 2039 § 1 (part), 1983; Ord 1842 § I (part), 1978),
18.54.080 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 §I (part), 1985; Ord 1842 §l (part), 1978),
18.54.090 Alteration or relocation of watercourses.
The City Engineer 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. The city will notify, in riverain situations, affected
conununities 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 ofa stream shall also confonn to the applicable provisions of the certified local coastal program. (Ord 2100
§1 (part), 1985; Ord 1842 §! (part), 1978),
18.51.100 ExeeptioR' graRtrd b) board of appeal.,
A, The board of appeals and ad. i."" "f the oil} aa eatabli:ffied ""der Sceti"" 15,Ð8.930 is authorized to gmll!
fm.eepti8H3 18 the pf8.i3i8H.3 8:Ilà feé].t:lÌi'emeftt3 ôf 1:hi3 dUl:prer. The Re'l"ired Fec(s) shall be ehllfj!;ed fer
þmet:s3Îng all a-pplieatiôß3 fGI an appeallu::w:illg before the Bôare af A19fJea1.3 8:Hà .\à. bÔI3. TIle 6ôftfd HUlst
make the f{}l1a.. ing findings in eaeh and e. eI) ease, as a prEfeEJ.tli3tre te its grantmg 8f an exeeþri8R.
1. The applieariôH af eertam pre, i3iôfi3 ôf feéftlirements 8£ åJ:is ehafJtcr TO 8ölà efl:ti3ê praè1:Íeal diffieulties,
Unneee338:I) hanbhips, and rc3tllts ..Rieh are ineôB3i3tent .. ith the gcaef61 Jffii'I'83E 8H.à mteHt af thiJ
chapter.
2, There 6ft; eneeptieflal effe1ID13ta:flce3 or eanclitiôfl3 applieB:èle: te the l'fôpefi) Ðf the pf8þ83eà àe. elôþmeftt
"hieh de "ot apl'l) geRemll) 10 other properties or de. elopmeRls go,emcd b) this chapter,
2, Thc granting "f the eKcepti"" "ill Rot be lllfttcFiall) detrimcf!tt¡1 to the p""lie "elfllfe or mjttriolis to
prope!1) or impro. eme!lts, and "ill ROt reslilt in increased flood heights, aàditiona¡ tlu-cats to pttblie safc!),
or extraaniinary public eJ~IH::Il3e.
4, The granting af the exception .. ill flot create m1iSftnCC3, or CRU3C fraud Oil, or the . ietimiza-tioft of the
~
5, The granting of the e;œeptioR .....ill Jlôt re3tilt :in the ineresse :in flood levels during the base f1ôôà àisBfl.8"fge.
(R6/'
11
6, The EJieepåôfl, tlflà.cr t:lie eifeUIn3tanec3, is t:lie minimum affiimmee tie. iatiôfl :aeee338.f) 18 pre. ¡tie the
ðJ'!'liellfit ,uffieiel'lt relief.
7. The "I'l'liellftt ft., beel'll'lotified th.t the Ii,e sf the execl'tiol'l eauld re'lilt m a ,ub,t£lHti"1 mcre",e m Haod
m3l:1ftUlee rates, and ificreased risk te life afld Pf6l3crt).
8, The ei~ "ill relf>in !Ifl affieial recard sf all exeep!ism, !Ifld "ill repoft tftercôn in it, annual repsft ts the
Federal Ifl3Uffifl.ee Aàmini3Hatôf.
g, This .3ee:ti8ll Jflall1l8t apply in the csft3ta.l Z8Rê.
(Ord2596 §I (part), 1992, Ord2100 §I (I'm), 1985; Ord 1984 §l (I'Oft), 1978),
18,54,100 VARIANCE PROCEDURE
1) NATURE OF VARIANCES.
The variance criteria set forth in this section of the ordinance are based on the I!eneral princiole of
zoning law that variances pertain to a piece of propertv and are not personal in nature. A variance
may be eranted for a parcel of propertv with physical characteristics so unusual that cOffiolvine:
with the reauirements of this ordinance would create an exceutional hardship to the applicant or
the surrounding oropertv owners. The characteristics must be uniaue to the property and not be
shared bv adiacent parcels. The uniaue characteristic must pertain to the land itself. not to the
structure. its inhabitants. or the propertv owners.
It is the duty of the City of Chula Vista to help protect its citizens from flooding, This need is so
compellin!! and the implications of the cost of insurin!! a structure built below flood level are so
serious that variances from the flood elevation or from other reauirements in the flood ordinance
are auite rare. The long tenn 1Z0al of preventin!! and reducin!! flood loss and damage can onlv be
met if variances are strictlv limited. Therefore. the variance lZuidelines provided in this ordinance
are more detailed and contain multiple provisions that must be met before a variance can be
properlv IZranted. The criteria are desi!2:ned to screen out those situations in which alternatives
other than a variance are more appropriate.
2) APPEAL BOARD,
A. In passine upon reauests 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
I, danger that materials may be swept onto other lands to the iniurv of others;
2. daneer of life and propertv due to floodin!! or erosion damaee:
3. susceptibility of the proposed facility and its contents to flood damage and the effect of
such dama!!e on the existing individual owner and future owners of the property:
4. importance of the services provided bv the proposed facility to the community:
(R6/'
12
5. necessity to the facility of a waterfront location, where aDDlicable;
6. availability of alternative locations for the proposed use which are not subiect to floodin!l
or erosion damage:
7, comDatibility of the DroDosed use with existing and anticiDated deyeloDment
8. relationshio of the orooosed use to the comprehensive vlan and floodplain management
DfOl:!farn for that area:
9. safety of access to the orooertv 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 orovidin!l !lovemmental services durin¡z and after flood conditions. includine:
maintenance and repair of Dublic utilities and facilities such as sewer. I!as. electrical. and
water system. and streets and bridges.
B. Anv aoolicant to whom a variance is 2ranted shall be !liven 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 üremium rates for flood insurance UD to amounts as hilzh as $25 for $100 of
insurance coveralZe. and
2. such construction below the base flood level increases risks to life and üfODertv. It is
recommended that a CODY of the notice shall be recorded by the Building Official in the
Office of the County Recorder and shall be recorded in a manner so that it aDDears in the
chain of title of the affected Darcel ofland,
C. The BuildinlZ Official will maintain a record of all variance actions. includinl! îustification
for their issuance. and reDort such variances issued in its biennial revort submitted to the
Federal Insurance Administration. Federal EmerlZency Management Agency.
3) CONDITIONS FOR VARIANCES,
A. Generallv. variances mav be issued for new construction. substantial imDrovement. 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 bevond one-half acre. the technical iustification reauired for
issuing the variance increases.
B. Variances may be issued for the repair or rehabilitation of "historic structures" (as defmed
in 18.54.030 of this ordinance) upon a detennination 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 üreserve the historic character and design of the structure.
(R6/'
13
C. Variances shall not be issued within any mapped reeulatorv floodwav if anv increase in
flood levels during the base flood discharge would result.
D. Variances shall onlv be issued upon a determination that the variance is the "minimum
necessary!! considerine the flood hazard. to afford relief. "Minimum necessary" means to
afford relief with a minimum of deviation from the reauirements of this ordinance. For
example. in the case of variances to an elevation reauirement. this means the Board of
Appeals and Advisors need not erant permission for the applicant to build at erade. or even to
whatever elevation the applicant proposes, but onlv to that elevation which the Citv of Chula
Vista believes will both orovide relief and oreserve the integrity of the local ordinance.
E. Variances shall onlv be issued upon a
1. showine of eood and sufficient cause;
2. determination that failure to erant the variance would result in exceDtional"hardshipll (as
dermed in 18,54,030 of this ordinance) to the applicant; and
3. determination that the Q:rantine of a variance will not result in increased flood heiQ:hts.
additional threats to public safety. or extraordinary public expense. create a nuisance (as
defmed in 18.54.030- see "Public safety or nuisance"). cause fraud or victimization (as
defined in 18.54,030) 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 fimctionallv deDendent use
provided that the structure or other development is protected bv methods that minimize flood
damages during the base flood and does not result in additional threats to public safetv and
does not create a public nuisance.
G. The City of Chula Vista mav attach such conditions to the I!rantinl! of variances as it
deems necessary to further the Dumoses of this ordinance.
18.54.110 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.
In the coastal zone, where conflicts arise between this ordinance and the certified Local Coastal Program, the
latter shall prevaiL (Ord 2100 §I (part), 1985; Ord 1842 § 1 (part), 1978),
(R6/'
14
##### TITLE 18 FOOTNOTES
1. For provisions of the statutory Subdivision Map Act, see Bus and Prof Code § II 500: for statutory authority for
cities to regulate division of land which is not subdivision, see Bus and Prof Code § 11 540,1; for statutory
exclusions of land ITom subdivision, see Bus and Prof Code § 11700 et seq
2, For statutory provisions relating to tentative maps, see Bus and Prof Code § 11550 et seq
3, For statutory provisions regarding form and content offmal maps, see Bus and Prof Code §11567,
4, CROSS REFERENCE: Street plantings, see Ch 12,32,
5, For statutory provisions vesting control over subdivision design and improvement in the governing bodies of
cities, see Bus and Prof Code § II 525,
6, For statutory provisions vesting control over subdivision design and improvement in the governing bodies of
cities, see Bus and Prof Code §11525,
CROSS REFERENCES: Excavations, see Ch 15,04
Street obstructions, see Ch 12.12
7. For statutory provisions vesting control over subdivision design and improvement in the governing bodies of
cities, see Bus and Prof Code § 11525.
CROSS REFERENCES: Open Space, see Ch 17,08
Residential Construction Tax, see Ch 3.32
(R6/'
15