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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 ~O/t¡ê8 ~O/t¡ê8 t~ - vi r 1-00 f) S.JIVtt:íW.41EI< "HA;J;J¿i.. CtlN71Z()1-. (.. . ~O/t¡12 8 f ì I ..! I .0 ! ~"",~;,~."~'~,"I'M;i\~;~""~""-~'~-""'~"":';' !IF' . c, ;II ...C·,', . ,,-"- ..","...."....'... "'_" .. %; <$' >, - <, -c.- -¡:... .. z ~ 0- c ~ ... I i>. ¡ , rs c STREET - I I vJ '" œ ~ I , :0 :;¡ !t; j 0 .. ' " VALE > SEA VALE ~ ;./ ; 0 ~ COURT Þ < > .. 0( z c .. MCINTOSH STREET VISTA STREET CASSLEM LJ I I STREET CASSLEMAN ~I I STREET D STREET .2 i , I ~ ~<¡ ~ 'y ~ II G=l FILE NO, OWN BY: EXHIBIT 11 " DATE: Item 113A Page 6 of 16 ~ N A'~"~":"~H~,:"~,~,I~,,:,:,,:,~,,N G 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~ .~~ ~.~ ~. \, . G F ",. , ,""', ijJ ð: Bnan , ft\Cl; , ., "7 .;;, Project Mat¡áger ' I, fJ . BGF /mk 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 ;""£CE;V~"" (;1, y OF" I"'µU' ~J.-, ,.~ J -" ... ..;~ J,. f? Prújt>Cf Design Consul:anis fNr:' /:[E~""G C::PT F l ^ \ ,< ... G í " G ) .... ¡ I " : " l " l t; E Y ) .... (, !93Z Y.AR 30 AI< 9 28 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 ~nD¡"R" I ~~" [),..~..' t.'''.',<'.(..-j T.-m"r~l. I ~ ](,",,' h""'ul> -1<0,,,,.'(1(1 0 kr.-y, In: ¡"'flrc' wi,:."",. f~\ .' '. ':".'! !.n,cr:>'"c("," , l.:'¡,Hrll" ,,,\,,......:',.. h:'" I .'~'1< ¡",-.¡ <;:1(" ~'"'' ::. <""" "' 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, - 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 - - - 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 - 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, - Item 113A Page 14 of 16 Staff Report 4 April 7, 1992 - 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) - Item il3A ¡ ~ ,; 15 of 16 Page ~ " a::C C = c = " ë .....- ..... 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