HomeMy WebLinkAbout1994/12/12 Board of Appeals & Advisors Agenda Packet (3)
Item 113A
Page 1 of 16
MEMORANDUM
December 5, 1994
STAFF REPORT
Department of Building & Housing
TO: Clayton Gingrich, Chairperson, Board of Appeals
FROM: Kenneth G, Larson, C.B,O., Director of Building
SUBJECT: Proposed Exception to Flood-proofing Requirements of the Municipal Code
Reauest
This item is to consider the request of Dixieline Lumber Company and Gatlin Development
regarding a request for an exception to the requirement for flood-proofing of proposed buildings
on the property located north of "C" Street and adjacent to North Fifth Avenue (Channels ide
Shopping Center).
Section 18,54,100 of the Chula Vista Municipal Code authorizes the Board of Appeals to grant
exceptions to the provisions of the Floodplain Ordinance. The applicants have asked that the
Board consider their request because the area in which they propose to construct buildings is
shown to lie within the IOO-year flood plain as delineated on the Flood Insurance Rate Maps
(FIRM) issued by the Federal Emergency Management Agency (FEMA), The City is required
to follow the Floodplain Ordinance, unless an exemption is granted.
Background
The area was last mapped by FEMA in 1988, The mapping was a requirement of the City of
Chula Vista in order to qualify for participation in the Flood Insurance Program. The residents
of the City benefit from this program by having the ability to purchase flood insurance issued
by the National Flood Insurance Program. Some property owners are required by lending
institutions to purchase flood insurance if their property is located within certain flood zones (A
Zones). The City has had major flood zones mapped by FEMA throughout the City.
Two of those areas (Telegraph Canyon Creek and Sweetwater River) have had major flood
control channels recently constructed which has effectively removed many properties from the
designated IOO-year flood plain (Zone A). Only Telegraph Canyon Creek has been completed
to the point where the FEMA maps have been revised (December 10, 1991), Although the the
Sweetwater River project is constructed, the FIRM maps cannot be revised to reflect the work
until as-built drawings are prepared by the Army Corps of Engineers, The revision process is
still not yet complete, Until the maps are officially revised, the City is required to administer
the program as mapped.
Item 113A
Page 2 of 16
Clavton Gin!!rich December 5. 1994
This request is similar in nature to one submitted in April of 1992, in which Hazard
Construction Company and National Avenue Associates proposed developing the same property,
plus the parcel at the northeast corner of North Fifth Avenue and "C" Street. (The request was
subsequently approved by the Board.) Hazard completed construction of a warehouse on the
northeast corner of North Fifth A venue and "C" Street. As part of that project, a box culvert
was built to carry stormwater through the parcel to an earthen ditch on the west side of North
Fifth Avenue.
For the above-mentioned request, the applicants prepared a study at the request of the City of
Chula Vista which considers the flood elevations created from water carried across the site in
the ditch mentioned above, The purpose of the study was to determine new flood elevations
with the consideration that the Sweetwater Flood Control Channel was in place. That channel
was designed by the Army Corps of Engineers to carry a project flood (approximately a
5OD-year storm).
The study intentionally considered a worse case scenario. The Engineering Division reviewed
the hydraulic evaluation prepared in 1992 by Woodward-Clyde Consultants and found their
assumptions acceptable and their results conservative,
The current IOO-year Base Flood Elevations (BFE) are shown on Exhibit "A" and represent the
elevation required by FEMA for the properties to either be elevated (fill material placed) or
flood-proofed in accordance with the Uniform Building Code, Our ordinance requires
compliance to an elevation one foot higher than the elevations shown on Exhibit" A". The BFE
crossing the subject property as shown on the FIRM map are 20 and 21. The revised elevations,
with the Flood Control Channel considered in place, are 12,9 and 12.8. This represents a
reduced flood elevation of 7 feet for the subject property,
To grant an exception from the Municipal Code, the Board of Appeals must make findings as
listed in items 1-8 below. After each finding is as explanation of why staff believes the finding
is appropriate.
I. "The application of certain provisions or requirements of this chapter would cause
practical difficulties, unnecessary hardships and results which are inconsistent with the
general purpose and intent of this chapter. "
It is the intent of this chapter of the ordinance to protect against property damage
resulting from actions caused by IOO-year flood events. The area in question was
mapped by FEMA to show the impacts from floodwaters generated by the
Sweetwater River. Since the flood control channel is complete, that hazard no
longer exists. The concern now is from local drainage basin runoff.
To either flood-proof the buildings or elevate the site will be costly and
Item 113A
Page 3 of 16
Clavton Gin!!rich December 5. 1994
unnecessary, Once the FEMA maps have been revised to reflect construction of
the Sweetwater Flood Control Channel, the area is expected to no longer be in
Zone A, The purpose and intent was to protect property from flood damage,
The channel, as well as elevations of the building sites to the revised flood
elevations wi1l provide the same protection intended by the original maps.
2, "There are exceptional circumstances or conditions applicable to the property or the
proposed development which do not apply generally to other properties or developments
governed by this chapter. "
Two circumstances have occurred since the preparation of the FEMA maps and
the drafting of the Ordinance: I) Extensive flood control facilities have been
installed by the Corp of Engineers designed to handle a 500-year flood; and 2)
The lands where the project is proposed have been fi1led to elevations exceeding
the maximum flood level expected to occur within the local basin as calculated
in the study mentioned above.
3. The granting of the exception wi1l not be materially detrimental to the public welfare or
injurious property or improvements, and will not result in increased flood heights,
additional threats to public safety, or extraordinary public expense. "
The improvements which are in place and those proposed to be installed by the
applicants, as well as the Sweetwater Flood Control Channel, will have
significantly reduced the floodplain elevation in the overall region, In addition,
the properties are protected from the influence of flows from the Sweetwater
River by the Corps project, which protected the public welfare and substantially
reduced the risk of flood damage.
4, "This exception wi1l not result in a nuisance nor wi1l fraud or victimization of the public
occur. "
The owners are requesting the exception and any new owners wi1l have to be
informed of the exception until the FIRM maps are revised.
5, "The granting of the exception wi1l not result in the increase in flood levels during the
Base Flood discharge, "
The designated BFE as shown on the FIRM maps, currently in effect, does not
reflect the current situation. Flood elevations within the channelized Sweetwater
River wi1l not be impacted by this exception.
6. "The exception, under the circumstances, is the minimum ordinance deviation necessary
Item 113A
Page 4 of 16
Clayton Gingrich December 5. 1994
to provide the applicant sufficient relief. "
No additional deviation from the ordinance is requested or necessary.
7, "The applicant has been notified that the use of the exception could result in a substantial
increase in flood insurance rates, and increased risk to life and property. "
The applicants have been notified as indicated in the attached letter from Nasland
Engineering,
8. "The City will retain an official record of all exceptions, and will report thereon in its
annual report to the Federal Emergency Insurance Administrator. "
The City will list these exceptions on the next annual report.
Recommendation
It is staff's recommendation that the Board make the necessary findings and grant the exception
from flood-proofing for the site requested based on the condition that the site is to be elevated
a minimum of one foot above the calculated 100-year flood elevations, as indicated in the report
by Woodward-Clyde Consultants dated March 27, 1992.
JWH
Attachment: Exhibit "A"
Item 113A
Page 5 of 16
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Item 113A
Page 6 of 16
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November 14, 1994
Job No. 193-111.5
City of Chula Vista
Engineering Department
276 Fourth Avenue
P.O. Box 1087
Chula Vista, CA 91910
Attention: Bill Ullrich
Re: Request for Exception from the Board of Appeals to the Requirement to Floodproof
Buildings Within "Area of Flood Hazard" as shown on the Flood Insurance Rate Map
Dear Mr. Ullrich:
On behalf of Dixieline Lumber Company and Gatlin Development, owner and developer,
respectively, of a parcel of land between Broadway (National City Boulevard) and Fifth
Avenue north of 'C' Street and south of State Route 54, we are hereby requesting that the
Board of Appeals grant an exception to floodproofing requirements for the proposed
Broadway Plaza (Channelside) project.
The subject property lies between two parcels that were granted this same exception in April
of 1992 (see attached documents), In fact, one of those two parcels ( the National Avenue
Associates parcel), comprises half of the Broadway Plaza project.
As the 'as-built' drawings for the Caltrans/ Army Corps of Engineers flood control channel
have not been completed, the process of amending the Flood Insurance Rate Maps has not
yet begun. This process could take years to complete, and would delay the project.
From the staff report for the previously granted exception for the National Avenue
Associates parcel, the revised 100-year base flood elevations with the Caltrans/ Army Corps
of Engineers flood control channel considered are 12.9 to 13.8. The minimum finish floor
elevation 011 the Broadway Plaza, project is ~et at 15,0,
Please review this request and notify me as soon as possible. If you are in need of any
additional support or backup data, please call me at 292-7770.
Sincerely,
Nasland Engin .í1itlir~
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cc: Phil Adams
Jack Duncan
1 TW Ruffner SUce!. San Diego, Ciiliforni;:¡ ()2111 . (11 (j-19.?· 7770110 I·AX Ö 1 9-571 ~3241
- -
Woodward-Clyde Item 113A
Consultants Page 7 of 16
TABLE 3 (Concluded)
HEC-2 RESULTS SWEETWATER RIVER AND
NORTIi 3RD STREET BASIN DRAINAGE CHAN1'I'EL
Distance
Cross-Section Discharge Upstream Water Surface
Location . Channel Number (cfs) (feet) Elevation (feet)
DIS of 6-36" Sweetwater River 44û 158 2915 11.89
CulvertS, SRFCC
U/S of National North 3rd Street 500 605 2290 11.89
City Blvd bridge drainage channel
UIS of National North 3rd Street 510 605 2490 11.89
City Blvd bridge drainage channel
U/S of National North 3rd Street 520 605 2690 11.92
City Blvd bridge drainage channel
U IS of National North 3rd Street 530 605 2890 11.91
City Blvd bridge drainage channel
U/S of National North 3rd Street 540 605 3090 12.45
City Blvd bridge drainage channel
U IS of National North 3rd Street 550 605 3090 12,79
City Blvd bridge drainage channel
-D/S - Downstream
U/S = Upstream
AI91S119"lA·HYOI
Item 113A - ~
Page 8 of 16
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f? Prújt>Cf Design Consul:anis fNr:'/:[E~""G C::PT
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File: 342,40
March 27, 1992
Mr. Cliff Swanson, City Engineer
CITY OF CHULA VISTA
276 Fourth A venue
P,O, Box 1087
Chula Vista, CA 91910
SUBJECT: R~uest for "Exception" from the Board of Appeals to the R~uirement
to Floodproof Buildings within "Area of Flood Hazard" as Shown on
FIRM Map
Dear Mr. Swanson,
On behalf of R,E, Hazard Contracting Company and National A venue Associates, owner
and lessee, respectively, of two parcels of land adjacent to the proposed Fifth Avenue
extension north of 'C' Street, we are hereby r~uesting that the Board of Appeals grant
an exception to floodprooflng r~uiremenLS for their proposed buildings, We are
r~uesting that this action be heard before the Board at its regularly scheduled meeting
on April 13, 1992,
BACKGROUND
These properties are situated within the uea lying between Broadway and Fourth Avenue
and between 'C' Street and Slale Route 54, The properties appear on the Federal
Emergency Management ....gency (FEMA) Flood ImuraJ1ce Rate Maps as lying
significantly within the lDO-year floodplain of the Sweetwater River. The lDO-year
floodplain elevation appears on these maps as approx.imately elevation 19 mean sea leve]
at Broadway and approximately elevation 20 mean se<! level at Fifth A venue, The
majority of the lands within this area were originally located at elevation II to 12, but
many of the developable areas have since been filled to elevation 17 and higher,
Over the last several years, Caltrans and the Corps of Engineers have been constructing
the Slate Route 54 freeway proj~t, including a realignment of the Sweetwater River into
a flood control channel. Almost all drainage which used to flow into the subj~t
properties from the Sweetwater River has since been cut off by the new flood control
channel, and those waters now drain westerly to the bay within this channel. The
channel proj~t included widening, deepening, and straightening of the drainage
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Item 113A
Page 9 of 16
Mr, Cliff Swanson
-- March 27, 1992
Page 2
conveyance system, and the 5OD-year floodplain elevation within the river has been
reduced to elevations varying between approximately 12,7 and 14,3 within the reach in
question.
RESULTANT FLOODPLAIN
As a result of the improvements provided by CaltTans and the Corps of Engineers, the
floodplain elevation within these properties is significantly reduced as well. As an
example, this property drains into the old Sweetwater River stream bed, which at one
time carried an estimated 100-year discharge rate in excess of 30,000 cubic feet per
second (cfs), Now, with the cutoff by the flood control channel, the natural river only
carries approximateJy 1,000 cfs within this same reach,
We have retained Woodward-Clyde Consultants of San Diego to perform hydrology and
hydrauJic calculations on this basin, The results are attached as backup to this request.
Their conclusion is that, under very conservative assumptions, the maximum eJevation
of the 100-year floodplain in the general vicinity of the National A venue Associates
property is elevation 13 or lower. Further, the maximum elevation in the vicinity of 'C'
Street at Fifth Avenue, in front of the Hazard property, is approx.imately elevation 16,
Their report further concludes that the actual lOO-year floodplain elevation is likely
below this level due to a series of conservative assumptions made in order to simpJify
the analysis, They will be able to quantify this when backup computer data can be
obtained from the Corps of Engineers,
SPECIF1C REQUEST
As a result of the extensive reduction of the JOO-year floodpJain elevation in this area (a
4' reduction as tJ¡e at12ched r~port shows and perhaps as muci1 as 6' afœr further study),
and the fact that both the National A venue Associates and the Hazard parcels have
building projects proposed for construction this year, we are requesting that an
'Exception" be granted under provisions of Section 18,54,100 of the Municipal Code
reJated to floodplain regulations, Construction of nonresidential buildings, such as the
ones proposed on these properties, is permitted under Section 18,54,040 jf the buildings
are floodproofed as defined in that section, However, since all building finish floors are
proposed at least one foot higher than the highest level of the reduced Jao-year flood
level within this area, we are asking that the exception be granted, Without this
exception, the request for amendment of the FEMA maps will not commence until the
channeJ construction has been compJeted and "As-Built" drawings have been prepared
by the Corps of Engineers, This totaJ process could take from I to 2 years before the
FiRM maps have been officially amended and wouJd deJay these two projects,
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Item 113A
Page 10 of 16
Mr. Cliff Swanson
March 27. 1992
Page 3
Attached to this request is a listing of the eight criteria by wtùch exceptions are to be
judged, with each being followed by an explanation of why this request meets the
criteria. Also attached is the detailed technical analysis of the floodplain elevations
prepared by Woodward-Clyde Consultants dated March 26, 1992.
Please review this request and notify me as soon as possible of your recommendations
and/or if any additional infonnation is required, Approval by the Board of Appeals will
allow the two projects to proceed in 1992,
I am out of town the week of March 30, 1992 and Bill Dick of our flTJJ1 can respond in
my absence.
Respectfully submitted,
~~
~L. Kéet~, ,
'-VIce President
KLK:ch/czg
Attachments
c: Dave Randal - R,E, Hazard Contracting Company
Jerry Alford - National Avenue Associates (c/o Patrick Development Company)
William Ullrich- City of Chula Vista Engineering Department
Alex SauceDo - City of Chul:: \'l~ta E:,¡jldir.g Department
Brad Remp - City of Chula Vista Building Department
Cheryl Dye - City of Chula Vista Department of Community Development
Pf>J,Z·I,O((.L TR
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Item 113A
Page 11 of 16
MEMORANDUM
April 7, 1992
STAFF REPORT
DEPARTMENT OF BUILDING AND HOUSING
TO: Thomas Leonard, Chairman, Board of Appeals and Advisors
FROM: Kenneth G, Larsen, C,B,O" Director
SUBJECT: Proposed Exception to Floodproofing Requirements of the Municipal Code
Request
This item is to consider the request of Hazard Construction Company and National
Avenue Associates regarding a request for an exception to the requirement for flood-
proofing of proposed buildings on property located north of "C" Street and adjacent to
Fifth Avenue,
Section 18,54,100 of the Municipal Code authorizes the Board of Appeals to grant
exceptions to the provisions of the Floodplain ordinance, The applicants have asked that
you consider their request because the area they propose to construct buildings in is
shown to lie within the 1 00 year flood plain as delineated on the Flood Insurance Rate
Maps (FIRM) issued by the Federal Emergency Management Agency (FEMA), The City
is required to follow the Floodplain Ordinance unless an exemption is granted,
Backçround
The area was mapped by FEMA in the mid to late 1980's, The mapping was a
requirement of the City of Chula Vista in order to qualify for participation in the Flood
Insurance Program, The residents of the City benefit from this program by having the
ability to purchase flood Insurance issued by the National Flood Insurance Program,
Some property owners are required by lending institutions to purchase flood insurance
if their property is located within certain flood zones (A Zones).
The City has had major flood zones mapped by FEMA throughout the City,
Two of those areas (Telegraph Canyon Creek and Sweetwater River) have had major
flood control channels recently constructed which has effectively removed many parcels
P r.::: -¿I ç(
..
Item 113A
Page 12 of 16
Staff Report 2 April 7, 1992
of land from the designated 100 year flood plain (Zone "A"), Only Telegraph Canyon
Creek has been completed to the point where the FEMA maps have been revised
(December 10, 1991), Although the majority of the Sweetwater River project is
constructed and the remainder is anticipated to be completed by the end of May 1992,
the FIRM maps cannot be revised to reflect the work until as-builts are prepared, The
revision process could take a year or more to complete once submittal is made, Until
such time as the maps are officially revised, the City is required to administer the program
as mapped,
The applicants have prepared a study at the request of the City which considers the flood
elevations created from water carried across the site in an earthen ditch (See Exhibit "A"),
The Hazard project will underground a portion of that ditch with construction of their site
and the Fifth Avenue road extension, The purpose of the study was to determine new
flood elevations with the Sweetwater Flood Control Channel considered complete, That
channel was designed by the Corps to carry a project flood (approximately a 500 year
storm),
The study intentionally considered a worse case scenario, The Engineering Department
has reviewed the hydraulic evaluation prepared by Woodward-Clyde Consultants and
found their assumptions acceptable and their results conservative,
The current 100 year Base Flood Elevations (BFE) are as shown on Exhibit "B" and
represent the elevation required by FEMA for the properties to either be elevated (fill
placed) or floodproofed, Our ordinance requires compliance to an elevation 1 foot higher
than the elevations shown on Exhibit "B', The BFE as shown on the FIRM across
National Avenue Associates property are between 20 and 21 and across the Hazard
property between 21,1 and 21,3, The revised elevations with the Flood Control channel
considered are 12,9 to 13,8 and 13,8 to 17,1 respectively, This represents 8 reduced
flood elevation of 7 feet for National Avenue Associates and 4 to 7 feet for the Hazard
property,
To grant an exception from the Municipal Code, the Board must make findings as listed
in items 1-8 below, After each finding is an explanation of why staff believes the finding
is appropriate,
1, "The application of certain provisions or requirements of this chapter would cause
practical difficulties, unnecessary hardships, and results which are inconsistent with
the general purpose and intent of this chapter,"
It is the intent of this chapter of the ordinance to protect
against property damage resulting from actions caused by
100 year flood events, The area in question was mapped by
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Item 113A
Page 13 of 16
Staff Report 3 April 7, 1992
FEMA to show the impacts from floodwaters generated by the
Sweetwater River, Since the flood control channel is
constructed, that hazard no longer exists, The concern now
is from local drainage basin runoff,
To either flood proof or elevate the site will be costly and
unnecessary, Once the FEMA maps have been revised to
reflect construction of the Sweetwater Flood Control Channel,
the area is expected to no longer within Zone "A", The
purpose and intent was to protect property from flood
damage and the channel as well as elevation of the building
sites to the revised flood elevations will provide the same
protection intended by the original maps,
2. ''There are exceptional circumstances or conditions applicable to the property or
the proposed development which do not apply generally to other properties or
developments governed by this chapter,"
Two circumstances have occurred since the preparation of
the FEMA maps and the drafting of the Ordinance; 1)
ex1ensive flood control facilities have been installed by the
Corps of Engineers designed to handle a 500 year flood, and
2) the lands where the projects are proposed for construction
have been filled to elevations exceeding the maximum flood
level expected to occur within the local basin as calculated by
the applicant's consultants,
3, "The granting of the exception will not be materially detrimental to the public
welfare or injurious to property or improvements, and will not result in increased
flood heights, additional threats to public safety, or ex1raordinary public expense,"
The improvements installed by the project applicants, as well
as those recently installed by the Corps of Engineers, have
significantly reduced the floodplain elevation in the overall
region, In addition, the properties are protected from the
influence of flows from the Sweetwate River by the Corps
project which protected the public welfare and substantially
reduced the risk of flood damage,
4, This exception will not result in a nuisance nor will fraud or victimization of the
public occur,
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Item 113A
Page 14 of 16
Staff Report 4 April 7, 1992
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The owners are requesting the exception and any new owners
will have to be informed of the exception until the floodplain
maps are revised,
5, "The granting of the exception will not result in the increase in flood levels during
the base flood discharge."
The designated BFE as shown on the FIRM in effect at
present does not reflect the current situation, Flood
elevations within the channelized Sweetwater River will not be
impacted by this exception,
6, "The exception, under the circumstances is the minimum ordinance deviation
necessary to provide the applicant sufficient relief."
No additional deviation from the ordinance is requested or
necessary,
7, "The applicant has been notified that the use of the exception could result in a
substantial increase in flood insurance rates, and increased risk to life and
property, "
The National Avenue Associates and R,E, Hazard Contracting
Company have been notified as indicated in the attached
letter from Project Design Consultants,
8, "The City will retain an official record of all exceptions, and will report thereon in its
annual report to the Federal Emergency Insurance Administrator,"
The City will list these exceptions on the next annual report,
Recommendation
That the Board make the necessary findings and grant the exception from floodproofing
for the two sites requested based on the condition that the sites to be elevated a
minimum of 1 foot above the calculated 100 year flood elevations, as indicated in the
report by Woodward-Clyde Consultants dated March 27, 1992,
WAU:dv:cf
Attachments: Exhibit "A"
Exhibit "B"
(WAU3/KY011)
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Item il3A
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