The URL can be used to link to this page

Home My WebLink About1992/04/13 Board of Appeals & Advisors Agenda Packet (2) , :;TY O~ CH~LA VISTA SCANNEr B~ILDlNG AN~ HOUSING DE?ARTME~1 A??LICAiICN fOR A ceDE MDDIFICATION OR us~ OF Date AN A~nRII¡"TE MAiE:RIAL OR M~THOD OF CONSTRu::rrON 1. ~. The Board of Appeals is legally e~Dowered to (1) investigate and advise on the sui~aDility of alternate m'terials and types of construction. (2) provide reasonable interpretations of the building laws where the meanin; may be obscure, and (3) reconrnend new legislation to the Ci~y Counci1, Tne Board may recommend ,pproval or minor deviations of the buildin; laws in certain cases. b, The Director (Buiiding Official) is authorized to permit code modification and to approve the use of alternate materials and methods of construction, 2. All Appeals must be within the scope of authoritý described above. Only those items requested in writing in this appeal will be considerod. 1 Board of Appeals hearings are open for pUblic ~ttend~nce. You wnl be ~, notified of the hearing oate. 4, Address all communications to: Director. Building and Housing Department. P.O. Box 1087, Chuia Vist~. California 92012. ~PPLICANT FIL~ IN BELO~ THIS LINE, THIS S:OE ONLY - PLEAS~ PRINT OR TYPE K.~. of intersection of 5th Avenue I I I Tract M"..., =1 hh Job Aodress: "nr' "r" "~vpp~ . Let 5 &. 6 510ck =: Ih/ner'S Nom: I uwne r' S ¡.o,a 1 I' ng "ooress lelepnone NO. - 2445 5th Avenue, #400 - Natinal Avenue ~~sociates Sar- Die?o. CA 92101 234-8891 .. ~ ..os, gner' S t;ame I ,eJepnone ',0. W .Joo ~tatus ~ Proposed [] ~xis~1ng 61og. Proj ect Design Consultants I 235-6471 - ~~1st'ng Lise r'repOSeo USe rlan nle NO. 0 Under Censtruc~ion as allowed 0 Complete New Building Vacant by zone None yet' Clear1y define ell items requested in the aopeal. Su~mit Other Documents 52] Yes ~1ens and other Oocuments a. necessary to exp1ein and Submitted With 0 lio S UDDort reoues t. Reouest See letter with attachments to Cliff ~<L~son from Project Design Consultants dated - M3.rch 27, 1992. V1 w ~ r Stete why it is ne:ess~~y or ces;~a~1e ~~a~ t~~s re~ues~ b~ approved and wh~t !"'ranoe~c)P"" de\'i-c. 0'" ~I"'\"""t""'u"'''ìcr: ~c c-"':¡osr;.,..' e,c e....u1ve·IQ,.,· ·0 ""h!· "'øau,""ed ' .......,1.., ......' ......',~......... : I.. '... _.. ",... .......... _ ... ,_ . . - - - - See letter with attachmem:s to Cliff ~'2.."'1son from Project Design Consultants dated - c: t'arch 27, 1992. '-' ~ - =:: ~ ~wn=r ~r A~;ncrìze~ Ag~n~ S1gn~:~re Date ~~.:)::/'- :;;,- , '(30/72- C7 ~, t- ~ :. ...-... ...~.~ -~-~. ..... ~_. -~ se a~t-C snec- .,0.......'....".... s...c:....... .s reC;J¡re_, .:......é!._.: ?.... _... THIS SIDE FOR DEPARTMENT'S USE ONLY Ca se Numbe r 1-92 JOb Address Northeast Corner of Fifth Avenue and "c" Street Type of Cons t. IStones rlre Lone !Use Lone I Occupancy Job ~tatus Planrlle # Additi ona 1 . Infor~atlon Requested Investigated by: Tltle Date William Ullrich Sr. Civil Engineer Brad Rem? Asst. Dir. of B&H 4/8/92 OV1 :z:z <to - V11- :zu o"-J _V1 I- _"-J 00 :zo ou . . U "-J PLEASE SEE ATTACHED STAFF REPORT AND EXHIBITS u.....J 0,", <t I- U 0:- 0...J 0-0- "-Jo- o:<t V11- :z:z o"-J -::;: I- I- <to: o<t :z 0- "-'.... ::;:0 ::;: o~ uz "-'- 0:0 ...J .. - ::> V1 '"' ~ z"-J -:r: 01- :z _u.. u..O Da te of Acti on :z 0 - I- U <:: u.. 0 >- 0: 00: ::;: ::;: ::> V1 8-419 (Revised 8/79) .....Tv 0.-- CH~~A VISit ...", , S~:~:¡~G Ari~ HO~S!N~ DE?A~TM£lIT APPLIC~T¡ON FOR A COD; MOOIFI:ATION OR USE Or AN AL HRI\AT~ "'.A¡::RIA~ OR METHOD OF CONSTRU::TION 1. a. The eoerd of Appeals 1$ legally emeowered to (1) investigate and advise on the sui~aDI11~y of alternate m'ter1als and tyees of construction, (2) provice reesoneble Interpretations of the building laws where tne meanln; may be obscure, anc (3) recommend new legislation to the City Councl1. Tne Boare may reoommend ,pproval of minor oevlations of the building laws in certain cases. t;, The Director (Building Official) is authorized to permit code modification and to approve the use of alternate materials and methods of construc~lon. 2, All Appea's must be w1thin the sccpe of authority described above. Only those items requested In writing in this appeal will be considered. , Board of Appeels hearings ere open for public attendance. You will be w. no~ified of the hearing oate. 4. Address el1 co::rnunications to: Director,- Building and Housing Department. P,O. Sox 1087, Chu'rë Vista, Ca1Horr.1'ð- -92012. APPLICANT FILL IN BELOW ¡HIS LINE, ¡H!S S:J:: DN~Y . PLEASE PRINT OR TYPE JOb Acdress: !\,E, Corner of 5th Ave, & "C" St. I Lot 9.10,1~ Slod I ire:: ~~ao #166 VWner's tierrn; , u,.¡ne r' s Ma, I , n~ hcoress ¡e1epnone 110. "" ! 6465 ~1aYi¡¡è'..:.Stry Place ::> - R, E. Hazard ContractinG Corc=:l\" I Sar Dieao, CA 92121 587-3600 ... ~ v:s1gner's lIame I IElepnone 110. .Joe S..e"u$ ~ 0 Proposed [J Existins 610g. Pro;ect Desian Consultants I 235-6471 .... õ.xH.1ng Use rroposec use Fi an r 1 Ie NC. 0 Under Construction as allol,'ed iì Co~plete New Bui1ding -. VaCaI1t by zone ~C:1e ye: C:1ear1y define all items requested in tne appeal. Submit Other Documents ~ Yes plans and other aocuments as necessary to expìain ana SU:Jmitted Witn [] NO suooort reoues t. I Recues:. See letter with attach~ents to Cliff ~,cr.so.. f~o~ ProJect Design Consultants dated ... ~1arch 27. 1992. ..., i-J :;) 0- "'" c:: Stðte why it 1s ne:essary or ~es~ra~'e :n::.~ :r.is r'eQ'.Jes-: b~ =p:'H":Jved er.d \o*,'höt arra1ìoement oevi:e Or :ons~ru::ion is =r'~~osed ~s e:u1ve'e~: :: :n:: reQuired. § - See letter with attachments to Cliff S"cr.son f~om Project Design ConsulcaI1ts àated - 0::: w ~1arch 27, 1992. - .... v: "" - Uwner ~r Aw::nOriZeC Agen~ Signature t;ate 1 ,'--;",.-4.;)::-"..«'---;Z-;' '3/3'1":" z.. :~ ~-~.,- ~~ -a-~'s ~,,~ - "-. -n se~a~~-c snec· ..' ~.....,... ....;"¡..., s.... __ I r~...~".e_, =...._~_I ,...... ....... THIS SIDE FOR DEPARTMENT'S USE ONLY Case Number 1-92 ';Ob Address Northeast Corner of Fifth Avenue and "c" Street lype of Const, IStorles Flre Zone Use Lone Uccupancy Job Status ~Ian rlle # I Additi ona 1 Infor~ation Requested Investigated by: I,ltle Date William Ullrich Sr. Civil Engineer Brad Remp Asst. Dir. of B&H 4/8/92 0'" :z::z: <':0 - '" I- :z:u OLU -'" I- PLEASE SEE ATTACHED STAFF REPORT AND EXHIBITS - LU 00 :Z:O ou U LU u.~ oc:> c( I- U "'- o~ Cl.Cl. LU Cl. "'<': "'I- :Z::Z: OLU -~ I- I- <':'" 0<': :Z:Cl. LU LU ~o ~ O~ uz LU _ "'0 ~ oð_ => "'c:> ~ Z LU -:r: 01- :z: _u. u.o Date of Action iSl - t- U <.: u. 0 >- '" <.: 2 => '" 8-419 (Revised 8/79) - - - '. . . THE cm' OF CHULA. VISTA PARD'DISCLOSURE STATEMENT , . StJ1tcmcnt of disclosure of ccrtain ovmcrship interests, paymcnts, or campaign contributions, on all m:lttc:rs which will rcquirc discrctionary action on thc part of the City CouncB, Planning Commission, and all othcr officia] bodics. Thc following information must be discloscd: 1. List the names of all pcrsons having a financia] intcrest in thc contract, i.c., contractor, . "bcontractor, material supplier. ?.E. Hazard Contracting Company 2. If any pcrson idcntified pursuant to (1) above is a corporation or partncrship, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Bruce R. Hazard Mabel Hazarå Estate Muriel Hazard Trust 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any pcrson serving as director of the non-profit organization or as trustee or beneficia!)' or trustor of the trust. Not applicable 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twe]ve months? Yes - No ~ If yes, please indicate person(s): 5. Please identify each and eve!)' person, including any agents, empJoyees, consuJtants or independent contractors who you have assigned to represent you before the City in this matter. McDonald, Hecht & Solbera (Paul Robinson) . Project Design Consultants G. Havcyou and/or your officers or agcnts, in the aggregate, contributcd more than $1,000 to a Councilmembcr in the currcnt or preceding election period? Yes _ No ¿ If yes, state which CouncBmember(s): PC'T"'nn is defined as: ·An)'indi~'idunl,flrn1, co-pnnl1cnhip,joinr )ICnlllrc; nssocinrfOl1, social club,frtJIcmn/ orcnniznrion, corpornrjofl, CJ"/(I/C, 1T11S1, reeci\'c't syndicate, rhiJ and nil)' other COWZT)', dry (1JJd COWJf7)~ city, l1JUlJÍcipnlif)', district or olher po/i1jenl slIbdi\"Ìsivll. or nil)' olher group or combinnrion tlcring tU tI uni!: (NOTE: At1~ch a~~ilion~1 p~£cs ~s ncccss~ry) eiJP~ T')at~: Signature of eüntrl¡ctor/applic¡¡nt R.D. Ranãal, Executive Vice President R.E. Hazard Contracting Company Print or typ~ name of eüntractor/applicant 1·'·11.'. ',OISCLOSC,D.'T] 1n.~....-i~~·J: ) 1 :JII.')O - - . ~ - ,,=. 1-.":'" 'PATRICK DEVELOPMENT ?C: - , .. - ~ - - . '¡",'. \..../ \..../ . CITY or r.IIIJL^ VrST^ DISCLOSURE ST^TEHENr r^prIY~"T'S SHTE!~EIIT or DISCLOSURE OF CERTMN O\-ir¡EH~IIIr IIHERF.STS ON ^'.L MrLlr.^f10115 i..,:!¡f.'· ',UI.L REQUJRË OISCRn¡ONMY ^CTION ON TilE rMT OF IIIE Cln COUIICII., rl.Mmlllr. COHMI3S¡ON ^ND ^LL OTHER OFFICI^L OODleS, The foTlowing information must be disclosed: 1. ~jst thc names of a11 persons having a fInancial interest itl lhe appl ication. National ^venue ^ssoci~tes ^ C~lirornia General PartnarShlD List th~ names of all Øersons having any ownership Interest in the property Involved. National ^VQnl~ ^s!;"~i!1.t,,!; ~~~~ÞV~~~~~9~Q2~~?i~72 Robert P'9nner, M,D, ":ft"....~,-':.r")~ T'T'!I~r <:'~r"I'tIt:I TM~ -=-.....,,::. '0':' 'r",,~ - ~"'D"'':'C ,.. ""'T- '~""~..-V ~T ~,:",,,=,~ '::H_~ ~...~~ ,:,-:--::::~~,~.....t\, ~,,! ....tHTC'~ ';:'I'ì: JILL M. &~D W!LL!&~ G. ST~PF~SON Z. If any perSOn identified pursuant to (II above is a corporation or partnerShip, 1 i s ~ the names of all individuals owninc mor~ than 10::: of the shar~s in the (ryr'ror.;tion or owning any partnership interest in the ~artnership, William P~trick Kn1cr , Partner JC!rald ^. ^l[Ql"U, 1'''1' L II"'' --...~ Mathew R. Loonin, P~rtncr c:~r h~~~_..,:,,~ ':"...... \~""1:Ir;pf"'.ï -""!.,T ~P"",:"'='-~J~ George T. Kruer, Partne:-- sQUAP..!:, L':'D. 3. I f any person identified pursuant to (1) above is a no.n~pror it org;'\ni¡:Rtion or a trust, lis t the Mmes of any perSon serv ing as director of the n',n-rrof it organization or as trustee or beneficiary or trustor of the trust. . Non¡¡ ~ . ¡IJve YOIJ had more than $250 wortn of business trans;¡cte~ with any memher or C it;: staff. ¡¡cards. Commiss ions, Co"",i t tees anri Cou~c ii with in the pp,st twelve m'Jnth,> Yes ¡¡o2..;'If yes; pJeHe indicate ¡Jerson(s) - I Pe~son Is defined as: "^ny individual, firm, Cooartnership, joint venture. .; 5:'(')(': i ð t ;rJn t I Soc1a! club, fraternal organization, corporation, estate, trust, receiver, syndicat.e, this and any other county, city and cQunty, city, municipality, district or other i ~olitiçal subdivision, or any other group or combinòticn ~cting as .:\ unit." OT~: Mtach addit ional pages as necessary.) ;.¡rC,O/DIP .1,:, :.~ ¡ d ,'\. ,',1""",·,1 ;'\..111) ~, ~ ~PATRICK DEVELOPl-fENT -, ,- - n-:-- ~ [I, C~ ~. , ':"' l' ~ - I_I "'= - - - - - - - . V V A::AC~NT TO !)!SC:'OSUIU: ST/,::::''Œ:r. FOR ~A:IONAl A\~Nt~ ASSOC:A:ES APP~ICA::ON FOR ~Y~~D~NT :0 COASTAL DtVtLOPM!~~ Pt~~:T :NDIVIDCAlS Ow~ING PARTN!RSHIP IN'!!~ST IN ~~TROPOLI¡AN SHOPPING SQUA~. :!n~ General P.trtner Charles G. Kerch tici:ed Partner. TOIII Hu:-lber: Cilbe:,: Jacoba Je:'ry St.dt;111er P.tt:'1c1a Stadtm1ller J 08 E.ayva:-d Ch.trles Borderdine Paul Boråerdine Trust T:-u.t Service. of Ame:-ica in Trus: for Jer~y S:aQ~=ille~ Catherine Ke:-ch Smith Margaret Eryåegaard Al Stadtmiller ¡rust **Info~ation furnished by Charles G. Kerch - - RECEiVE"" r --, .., ~ i Y OF ("';.IV' A, 1,_-. J . ..... ¡". 'f;;.} J.. f? tN("~;t'E1/(J<'G "-PT Pr(~il!ct Design C(;}lsl/l!oJlfs . . ~- j .,.. . .....!:: P L A :\ '\ I " (j ¡ " C, I '\ E 1 R I " ,; -; t 1\ \' 1- Y I " Co 1992 MAR 30 A.1f 9 28 File: 342.40 March 27, 1992 Mr. Cliff Swanson, City Engineer CITY OF CHULA VISTA 276 Fourth Avenue P.O. Box 1087 Chula Vista, CA 91910 SUBJECT: Request for "Exception" from the Board of Appeals to the Requirement to Floodproof Buildings within "Area of Flood Hazard" as Shown on FIRM Map Dear Mr. Swanson, On behalf ofR,E, Hazard Contracting Company and National Avenue Associates, owner and lessee, respectively, of two parcels of land adjacent to the proposed Fifth Avenue extension north of 'c' Street, we are hereby requesting that the Board of Appeals grant an exception to floodproofing requirements for their proposed buildings. We are requesting that this action be heard before the Board at its regularly scheduled meeting on April 13, 1992, BACKGROUND These properties are situated within the area lying between Broadway and Fourth Avenue and between 'C' Street and State Route 54. The properties appear on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps as lying significantly within the IOO-year floodplain of the Sweetwater River. The lDO-year floodplain elevation appears on these maps as approximately elevation 19 mean sea level at Broadway and approximately elevation 20 mean sea level at Fifth Avenue. The majority of the lands within this area were originally located at elevation 11 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 State Route 54 freeway project, including a realignment of the Sweetwater River into a flood control channel. Almost all drainage which used to flow into the subject 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 project included widening, deepening, and straightening of the drainage 'J" !):t.~. '..r ,,:' l<:"m'-c'ul.. -oJ',,, Tc·'''<,;.;". - ¡.,.; ".... -~ ~,'" @ ];", 'd': -"-,1 ~ \ '\ ~'-j ", -¡'I "',':'r:'t, t',,,,it c ~.,: ,,", ~.' ! ~ \ "".,.-j~'" -,p""'" - .-CO;;' ~~' - - Mr. Cliff Swanson March 27, 1992 Page 2 conveyance system, and the 5OO-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 Caltrans 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 loo-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 approximately 1,000 cfs within this same reach. We have retained Woodward-Clyde Consultants of San Diego to perform hydrology and hydraulic calculations on this basin. The results are attached as backup to this request. Their conclusion is that, under very conservative assumptions, the maximum elevation of the l00-year floodplain in the general vicinity of the National Avenue 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 approximately elevation 16. Their report further concludes that the actual IOO-year floodplain elevation is likely below this level due to a series of conservative assumptions made in order to simplify the analysis. They will be able to quantify this when backup computer data can be obtained from the Corps of Engineers. SPECIFIC REQUEST As a result of the extensive reduction of the loo-year floodplain elevation in this area (a 4' reduction as the attached n::port shows and perhaps as mu;;has 6' after further study), and the fact that both the National Avenue 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 related to floodplain regulations. Construction of nonresidential buildings, such as the ones proposed on these properties, is permitted under Section 18.54.040 if the buildings are flood proofed 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 loo-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 channel construction has been completed and "As-Built" drawings have been prepared by the Corps of Engineers, This total process could take from I to 2 years before the FIRM maps have been officially amended and would delay these two projects. - - Mr. Cliff Swanson March 27, 1992 Page 3 Attached to this request is a listing of Ú1e eight criteria by which exceptions are to be judged, with each being followed by an explanation of why this request meets Ú1e criteria. Also attached is the detailed technical analysis of Ú1e 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 information is required. Approval by Ú1e Board of Appeals will allow the two projects to proceed in 1992. I am out of town Ú1e week of March 30, 1992 and Bill Dick of our firm can respond in my absence. Respectfully submitted, 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 Chula Vi~ta BuildiJ'!g Department Brad Remp - City of Chula Vista Building Department Cheryl Dye - City of Chula Vista Department of Community Development P/342-40KK.LTR RECOMMENDED FINDINGS AS A PREREQUISITE TO GRANTING OF AN EXCEPTION BY THE BOARD OF APPEALS 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 1 OO-year flood events. In fact, the newly calculated lOO-year floodplain will not impact the projects as proposed, since flood control facilities have already been constructed.) 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 this ordinance. Extensive flood control facilities have been installed by the Corps of Engineers designed to handle a 500-year flood. Also, the lands where the projects are proposed for construction have been filled to elevations exceeding the maximum elevation of the surrounding, recently calculated floodplain elevation.) 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 extraordinary 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.) 4. "The granting of the exception will not create nuisances or cause fraud or the victimization of the public. " (The exception merely allows the buildings to be constructed without the provision of "floodproofing" . These building sites are clearly above the actual l00-year floodplain elevation, and it does not appear that fraud or victimization is possible.) 5. "The granting of the exception will not result in the increase in flood levels during the base flood discharge." (The recently calculated base flood elevation in the area of the new building projects is below the proposed flood elevation; therefore, the exception does not affect the base flood elevation.) 6. "The exception, under the circumstances, is the minimum ordinance deviation necessary to provide the applicant sufficient reHef. " (No additional ordinance deviation 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 notitied. ) 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." P/3424EXCP.LST - MEMORANDUM April 8, 1992 STAFF REPORT DEPARTMENT OF BUILDING AND HOUSING TO: Thom.. Loo""d, Cha'em", BO":;::"" ar Ad"'o" FROM: Kenneth G, Larsen, C,B,O" Direct, ". I~ SUBJECT: Proposed Exception to Floodproofing Requirements of the Municipal Code Reauest 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 100 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, Recommendation That the Board make the necessary findings and grant the exception from floodproofing for the two sites requested based on the conditions cited within the staff report. Backaround 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), - Staff Report 2 April 8, 1992 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 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, Discussion The applicants have had a study prepared entitled "Hydraulic Evaluation of Hazard Property Northeast Corner of, Fifth Avenue and 'C' Street" by Woodward-Clyde Consultants dated March 27, 1991 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 flood proofed. 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 a 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, - Staff Report 3 April 8, 1992 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 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) extensive 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 extraordinary 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 - Staff Report 4 April 8, 1992 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 wili not result in a nuisance nor will fraud or victimization of the public occur, 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, an(i \'JlII report thereon in its annual report to the Federal Emergency Insurance Administrator," The City wi Ii list these exceptions on the next annual report, WAU:dv:cf Attachments: Exhibit "A" Exhibit "B" (WAU3/KY011) - . II ~ -< c.. '" ê ." ocr: c ::::E: w = c ë '" ~ "'" >. "- z .....- ..... "'" ~ w.I >- ~ == (/) en ¡¡ .... ...... ~ ::E= > - .. C,.) ocr: . f- ~ == <: :z: a:: < Z 0 :z: ..... Lñ -< < z - c: " '" f- :J V> .....N ..... " :::0 w.I -' .....= c... " "" c..:I C/)- 0 w :z: Lr') C[ c: ¡¡ z ::z:: _Z U z <:= ~ c... .. . C[ " Q ocr: > c:::::: ~ c...= " c a:: 0 ~ >- " Q = ...... 0 :< -' en <00 ... ..... >. ... ::z:: w... u....L.:.J ..... x :z: '-' = w -' O.....J - 0 = ¡¡ -< =:J-O - ~ ::E .. z ~ c:::> >- .....J ~ ::E ~ ¡:: f- ::r: < Z . = ~ -< ~ to:> z uUU« ~ ., , '::'ONt 8 20N~ , c" "-°rv ~ 8- 'Orv i3 ~8 !STATe RouTt: 54- -> . " ¡ , I ,~ f/..OOV' CON~ ,~' , II 5W6E.TWÁTE.f? I I I D/~IWN~ <ONt 8 I ! . I r~~~/':~' ,...._~.,~ ..~;~(~~~~2~~~~~.t~~~1i' . T?~JIA~_-, "r;,,~):~!,'!:~!;;:~Ji~iif' . t~:>~1;~1 ~. ._ 4 !t,,~~~i-;;~~:~~~:":·~!1t~··~;:·:·- i. '1 _~",' '11 ,.~,::tÆ...,:: ,~..t: ,"':"-i,.....~~: ~ It>:;.t;:-·~~ -....1..' ·~§t....~l.1jt" "'0.1; ~'S;,., .. . ~ :;. ~. j ";~~~;Ç,~~?-~"'~Ì- ~ç"" - . ...~[.~~*~~::~:. M .~' '>io.û ',~ I . , ..... .~""'-" - ~ ,--..,,~-. 1""'; :.";;,.'. :~"'.{:~ 1;'!;r.. ,f .... VP¡ . -.~' ''\~,~ ,.j. "'.:. ~~,\, '.l,: "~'~" - <- r"t8~-t-ä~ii!17i ~~~~' . .)il; -:;¡~', ~ ,,.. .,.{'..... . ··..·0·. .._..,...... ," .,. . "" .",t·-' ~~. ,!;~';' ': " Z~!;~'::j~~~:~;:'::. v." ~~;-..2'.."-~·..~;·"~"~~j~} : .-. .;õ,t~:., ).~" s;.;:~.~..~~r. ~:!:...::..ïÞ..1'!-~-¿t'f.;~iJ¡..:..""{~:¡~~*1¡';.,y:~ CST REET . ":¡'_"'(~H~_ ':'~;to~~r-~,:~~~",:!·""..,~'r~, ~~T -,'~ ;¡~:;." f~.i~:Y:¡'~~' - ;;'-~li.;;,-.~' . ..-!::~ ._.'~ '."" ~""_IiIIò_"""",,,,,f;.r';J"':~-·-"" . . . '. ". ..,,'~'..,' œ ~~~;':~~V·;~ji!P~J~~~'t~. >--~. ~'~~.;.~~>.;~;~ ~::: : ~ ~ôi",;',\;"-"_~ ,~!j\ õJ:"-litlW<ìiEI:: ~ 0 þ ; ~""'::J~;; --.~-m.~,.,"'~.-'~~::-' ....~.!S I 0 SEA VALE ~ ... . -;:¡"'.'A ...."'"~;5~.~.f·~~~tQ~'9-~q~·~ þ COU~T Þ ...~;. "1''';,.,':--'> ~~f"''''''''''''';:;- < < ....,'.,. '.::;\f...;:..._,,=," '!'-~"":.~;:C. fT1 ~;,,.¡, . ~ ~,~ .....J...:-'Ì·:t'1 T~; . , ~ i . ~r\ ·-~~:-·~~~~~f;;}~ - ~ \:J \, II E~H'&'T B , i . ~ \ \ --, - .J"";. ""l. ~ - - ~ · · · .. -- - L;':. , I I , N 0, Z, m n :;::::::::- \ 0 'l ~ .. ~ -\ n: ."..._".~- .-. -, ,... "'-~~.~"'''''~-''1I!1IIíIi.''~''' ~~ ,~ II ,.."1.......,...... ~ ~,.'-~ ' J ~~ í . 1\....· -', ":'·",,~:~':;f 1'1 ;;;::,,';'~::;:;l.;,.···,.:~a&\(;·:.'t.·'·"'· .w.' þ~ '-.\-'" '.'IJ, " ':::.--' :" '< ". ' ¡ " ,,_.'.·'-··':·.:':'U~'\ ..:.:.;;:;¡;....,....~\..: ~...,"'~/;,,:~.~-,¡.~...~ 11'1 ".."':. .',' .. ~ -" ~ '. ' . " ",...."','d'~!i,"¡t¡¡¡,II,'i:I~,'--"'...!I'..'~~.'..:,,",:r:~' .,. \ ~"II \' " -..... "'" ---4-'" ~ ~<"H ".,",.I"{.I¥~~"..."~:~__;..~.:~~~lfi¡i .,.", ': !".';,.... '",,,,î.<Lf' """"" ."-...- .'.. '. I;L';,~..~..,,<" ~~~"....,",.,,':"" ,''1 ',,- I" ~ ,.... .l"f.-.::::lþ:,' -.<':ti ~"~'----.- ,. ._"....~~.".,-'.' ~-f'f<lJ' .-' _"..->~:~.....,I..-,~;,.:t,.-.,,;,- , ~, I; ¡ 1 .~::- ^ - "":"'11'-'" ...:-:"....~ ""'-- ""~."""~~ - - -\ . p - -\,~':_',-', :'""'::-_::' ..'" ,--:'~,"_~,·iJ:_:~;,;~;'·.,11)+""'~¡,':...:':,;.;;.::;:;:-:; ,- ,/ _: ~ " 'I ,. ..... "'~~'~1"'~' ,~"", . I _ .. . ç' '-'..' P ~fI' '-', OM " . I I ',\","" '".' ,0,"',JI) "......¡3 .. ,~. .~, ;1 "'. ";.¡~""" .t\f'~f.(;r:",~ct'ti~~i~§ß',Th¡;!~:~fii;;"\';'O;'" . ~~! ~i~-, """£~' ~4; "''''',.,;' wJJ¡ ~. FLOOD P~LAIN W~VER REQUEST 0 SWLETWAT LR RIVER NORTH