HomeMy WebLinkAbout2007/12/04 Item 9
CITY COUNCIL
AGENDA STATEMENT
~\~ em OF
'~~CHULA VISTA
12/04/07, Iteml
SUBMITTED BY:
REVIEWED BY:
A. ORDINANCE REPLACING CHAPTER 18.54
OF THE CHULA VISTA MUNlCIPAL CODE RELATING
TO FLOODPLAIN REGULATIONS WITH CHAPTER 14.18
B. ORDINANCE AMENDING CHAPTER 14.04
OF THE CHULA VISTA MUNlCIPAL CODE
DIRECTOR OF ENG GENERAL SERVICE~ ~
CITY MANAGER \J \I
-
ASSISTANT CIT MANAGER S /
4/5THS VOTE: YES D NO i:8J
ITEM TITLE:
BACKGROUND
The City's original floodplain ordinance was adopted in November 1978, and the latest revision
was adopted in November 2002. As a result of a Community Assistance visit on August 16,
2006 by a representative of the California Department of Water Resources, the City is required to
amend its existing floodplain ordinance in order to meet current standards of the National Flood
Insurance Program. The City was notified in September 2007 that full compliance with these
requirements will be achieved with passage of the new ordinance.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because the
modifications to the municipal code are administrative in nature; therefore, pursuant to Section
15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although
environmental review is not necessary at this time, once projects that are subject to the Floodway
Regulations have been defined, environmental review will be required and a CEQA
determination completed prior to commencing any development activities.
RECOMMENDATION
Council place the above ordinances on first reading December 4, 2007 and on second reading
December 11, 2007. These ordinances will replace Chapter 18.54 of the Municipal Code
relating to floodplain regulations with Chapter 14.18 and amend Chapter 14.04.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
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DISCUSSION
The City's Floodplain Ordinance, Chapter 18.54 of the Chula Vista Municipal Code (CVMC),
was originally adopted by City Council on November 14, 1978. Ordinance 1842 amended the
Chula Vista Flood Management Program of 1970 in order to bring it into compliance with the
current National Flood Insurance Program Rules and Regulations at that time. CYMC Chapter
18.54 was subsequently updated in July 1983 and January 1988 in accordance with instructions
by the Federal Emergency Management Agency (FEMA). The last revision of this section ofthe
CVMC was in November 2002. On April 19, 2001, a representative of the California
Department of Water Resources (DWR) conducted a Community Assistance Visit to the City of
Chula Vista on behalf of FEMA. The purpose of the visit was to exchange information
regarding various requirements related to participating in the National Flood Insurance Program
(NFIP) coverage. As a result of this visit, staff received a letter requiring the adoption of a
floodplain management ordinance that would meet the minimum NFIP requirements as specified
in Title 44, Code of Federal Regulations. After review by various City departments and FEMA,
the latest revision was adopted on November 26,2002 by Ordinance 2889 (Attachment 1).
On August 18, 2006 a Community Assistance Visit with City staff was conducted by a
representative of the California Department of Water Resources (DWR) on behalf of FEMA.
Topics included the City's development review process, recent development in the floodplain
and the City's floodplain ordinance. As a result of this meeting and the review process, it was
determined that the City's existing floodplain ordinance needs to be amended in order to comply
with the latest revisions to the FEMA Model Ordinance. An interdepartmental team provided
input in order to assure that the new ordinance would be readable, would not conflict with other
portions of the Municipal Code and would be acceptable to FEMA. In order to do that, it was
decided to repeal the current Chapter 18.54 and replace it with the new Chapter 14.18 under Title
14: Watercourses. We sent our draft version of the Floodplain Ordinance to DWR on March 29,
2007. We subsequently received a letter from the DWR dated September 5, 2007, stating that
after adoption of the ordinance the City will be in full compliance with the minimum
requirements of the National Flood Insurance Program (Attachment 2).
The summary below outlines the changes necessary to meet the NFIP requirements:
. Additional definitions are included. Other definitions are included in the context of
specific sections. For example, "hardship" and "fraud and victimization" were discussed
in the variance section rather than in the definitions.
. New sections on garages and accessory structures and on recreational vehicles have been
added.
. . Specific requirements and prohibitions are given for construction within floodways. The
previous version only included the "regulatory floodway" in the definitions section.
. The duties of the Floodplain Administrator are specifically addressed, instead of only
referring to the duties of the City Engineer. Duties relating to the National Flood
Insurance Program and serving as the liaison with FEMA have been added. A section on
the duties ofthe Planning Director has been added.
. Application to the Floodplain Administrator is now the initial step in the variance
process, rather than application to an appeal board. The new wording also stipulates
payment of an application fee as designated in the Master Fee Schedule.
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A minor modification to Chapter 14.04, General Provisions, is also recommended. After this
ordinance is adopted, the City will be an NFlP-compliant community, and eligible to apply for
the Community Rating System process. This process is conducted by the Insurance Services
Office (1S0) of the NFlP, which provides information to over 1300 subscribing insurance
agencies. The ISO reviews applications and performs site visits in order to determine how many
points a municipality will receive under the following categories: providing public information,
mapping and regulations (including open space preservation and storm water management),
flood damage reduction (including drainage systems maintenance), and flood preparedness.
Depending on the rating assigned to the City, a 0 to 45 percent reduction in flood insurance
premiums will be available for affected property owners.
Chapter 19.50 of the CYMC, F-1 - Floodway Zone, may need to be modified in order to
conform with the Floodplain Ordinance. It is anticipated that amendment of the section of the
CYMC will be brought before Council at a later date after input is received from the Planning
Commission.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a conflict exists, in
that Councilmember John McCann has property holdings within 500 feet of the boundaries of the
100-year floodplain, which is the subject of this action.
FISCAL IMPACT
Passage of these ordinances will not have any fiscal impact on the City.
ATTACHMENTS
1. Ordinance 2889
2. Letter dated September 5, 2007 from Mark Stuart ofthe Department of Water
Resources
Prepared by: Elizabeth Chopp, Senior Civil Engineer, Engineering and General Services Department
File #KYOII. KY092
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A TT A:::;.''''';;
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ORDINANCE NO. 2889
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 18.54 OF THE CHULA VISTA MUNICIPAL CODE,
RELATING TO FLOODPlAIN REGUlATIONS
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Chapter 18.54 of the Chula Vista Municipal Code is hereby amended
to read as follows:
Sections:
18.54.010
18.54.020
18.54.030
18.54.040
18.54.050
18.54.060
18.54.070
18.54.080
18.54.090
18.54.100
18.54.110
18.54.120
18.54.130
18.54.140
18.54.150
18.54.160
18.54.170
18.54.180
18.54.010
Chapter 18.54
FLOODPLAIN REGULATIONS
Purpose and intent.
Lands to which this chapter applies.
Basis for establishing the areas of special flood hazards.
Methods of Reducing Flood Losses.
Compliance.
Abrogation and Greater Restrictions.
Interpretation.
Warning and Disclaimer of Liability.
Severability .
Definitions.
Floodplain development-Permits required.
Floodplain development-Review by City Engineer.
Floodplain development--Review by Building Official.
Floodplain development--City Engineer action.
New water and sewage systems.
Alteration or relocation of watercourses.
Variance Procedure.
Ordinance supersedes any conflicting statutes.
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 and to the City Engineer certain
added responsibilities, and they are authorized and directed to enforce all the provisions of this
chapter and all other ordinances of the city now in force or hereafter adopted, relating to zoning,
subdivision, or building codes. (Ord 2100 ~1 (part), 1985; Ord 1842 ~1 (part), 1978).
It is the purpose of this ordinance to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions in specific areas by
provisions designed to:
a) protect human life and health;
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Ordinance 2889
Page 2
18.54.020
b)
c)
d)
e)
minimize expenditure of public money for costly flood control projects;
minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
minimize prolonged business interruptions;
minimize damage to public facilities and utilities such as water and gas mains;
electric, telephone and sewer lines; and streets and bridges located in areas of
special flood hazard.
help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future blighted areas caused by
flood damage;
ensure that potential buyers are notified that property is in an area of special flood
hazard; and
ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
f)
g)
h)
Lands to which this chapter applies.
The provisions of this Chapter 18.54 shall apply to all areas of special flood hazards,
areas of flood-related erosion hazards and areas of mudslide (i.e., mudflow) hazards within the
jurisdiction of the City of Chula Vista.
18.54.030
Basis for establishing the areas of special flood hazards.
The areas of special flood hazards identified by the Federal lnsurance Administration
(FlA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study
(FlS) dated June 19, 1997 and accompanying Flood Insurance Rate Maps (FIRMS) and Flood
Boundary and Floodway Maps (FBFMs), dated June 19, 1997, and all subsequent amendments
and/or revisions, are hereby adopted by reference and declared to be part of this title. This Flood
Insurance Study and attendant mapping is the minimum area of applicability of this title and may
be supplemented by studies of other areas which allow implementation of this title and which are
recommended to the City Council by the City Engineer. The study and Flood Insurance Rate
Maps (Community Panel Numbers 065021 0001-0007) are on file at the City Public Services
Building at 276 Fourth Avenue.
18.54.040
Methods of Reducing Flood Losses
In order to accomplish its purposes, this ordinance includes methods and provisions to:
A. restrict or prohibit uses which are dangerous to health, safety, and property due to
water or erosion hazards, or which result in damaging increases in erosion or
flood heights or velocities;
B. require that uses vulnerable to floods, including facilities which serve such uses,
be protected against flood damage at the time of initial construction;
C. control the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters;
D. control filling, grading, dredging, and other development which may increase
flood damage; and
E. prevent or regulate the construction of flood barriers which will unnaturally divert
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Ordinance 2889
Page 3
F.
flood waters or which may increase flood hazards in other areas.
Compliance.
18.54.050
No structure or land shall hereafter be constructed, located, extended, converted, or
altered without full compliance with the term of this ordinance and other applicable regulations.
Violation of the requirements (including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the
City Council from taking such lawful action as is necessary to prevent or remedy any violation.
18.54.060
Abrogation and Greater Restrictions.
This ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
18.54.070
Interpretation.
In the interpretation and application of this ordinance, all provisions shall be:
A. considered as minimum requirements;
B. liberally construed in favor of the governing body; and
C. deemed neither to limit nor repeal any other powers granted under state statutes.
18.54.080
Waming and Disclaimer of Liability.
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger floods can
and will occur on rare occasions. Flood heights may be increased by man-made or natural
causes. This ordinance does not imply that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or flood damages. This ordinance shall
not create liability on the part of the City Council, any officer or employee thereof, the State of
California, or the Federal Insurance Administration, Federal Emergency Management Agency,
for any flood damages that result from reliance 00 this ordinance or any administrative decision
lawfully made hereunder.
18.54.090
Severability .
This ordinance and the various parts thereof are herehy declared to be severable. Should
any section of this ordiuance be declared by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of the ordinance as a whole, or any portion thereof other
than the section so declared to be unconstitutional or invalid.
18.54.100
Definitions.
Unless specifically defined in this section, words or phrases nsed 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.
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Ordinance 2889
Page 4
B. "Basement" means any area of the building having its floor subgrade (below
ground level) on all sides.
C. "Base Flood" means the flood having a 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 watel8 from any source.
F. "Floodproofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to
real estate or improved real property, water and sanitary facilities, structures and
their contents.
G. "Fraud and victimization" as related to 18.54.170, variances, of this ordinance,
means that the variance granted must not cause fraud on or victimization of the
public. In examining this requirement, the City of Chula Vista will consider the
fact that every newly constructed building adds to government responsibilities and
remains a part of the community for fifty to one-hundred years. Buildings that are
permitted to be constructed below the base flood elevation are subject during all
those years to increased risk of damage from floods, while future ownel8 of the
property and the community as a whole are subject to all the costs, inconvenience,
danger, and suffering that those increased flood damages bring. In addition,
future ownel8 may purchase the property, unaware that it is subject to potential
flood damage, and can be insured only at very high flood insurance rates.
H. "Hardship" as related to 18.54.170, variances, of this ordinance means the
exceptional hardship that would result from a failure to grant the requested
variance. The City Council requires that the variance be exceptional, unusual,
and peculiar to the property involved. Mere economic or financial hardship alone
is not exceptional. Inconvenience, aesthetic considerations, physical handicaps,
personal preferences, or the disapproval of one's neighbors likewise cannot, as a
rule, qualify as an exceptional hardship. All of these problems can be resolved
through other means without granting a variance, even if the alternative is more
expensive, or requires the property owner to build elsewhere or put the parcel to a
different use than originally intended.
I. "Highest Adj acent Grade" means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
J. "Historic structure" means any structure that is:
1. listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by
the Secretary of the Interior as meeting the requirements for individual
listing on the National Register;
2. certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or
a district preliminarily determined by the Secretary to qualify as a
registered historic district;
3. individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the Secretary
of Interior; or
4. individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified either by an
approved state program as determined by the Secretary of the Interior or
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Ordinance 2889
Page 5
directly by the Secretary of the Interior in states without approved
programs.
K. "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.
L. "Manufactured home" means a structure, transportable in one or more sections,
which is built on a permanent chassis and designed to be used with or without a
permanent foundation when connected to the required utilities. For flood
management purposes the term "manufactured home" also includes park trailers,
travel trailers, and other similar vehicles placed on a site for greater than 180
consecutive days. For insurance purposes the term "manufactured home" does
not include park trailers, travel trailer, and other similar vehicles.
M. "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.
N. "One-hundred-year flood" means the condition of flooding having a one percent
chance of annual occurrence.
O. "Public safety and nuisance" as related to 18.54.170, variances, of this ordinance
means that the granting of a variance must not result in anything which is
injurious to safety or health of an entire community or neighborhood, or any
considerable number of persons, or unlawfully obstructs the free passage or use,
in the customary manner, of any navigable lake, or river, bay, stream, canal, or
basin.
P. "Regulatory flood elevation" means the water surface elevation of the
one-hundred-year flood.
Q. "Regulatory floodway" means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than one foot.
The designated regulatory flood ways are the channels of the Sweetwater River
and Telegraph Canyon Creek shown on the current flood boundary and floodway
map, and the Otay River and Poggi Canyon Creek as shown on the county of San
Diego floodway map.
R. "Start of Construction" (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (Public Law 97-348),
includes substantial improvement, and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction, placement
or other improvement was within 180 days of the permit date. The actual start
means either the first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include
land preparation, such as clearing, grading and filling; nor does it include the
installation of streets, and/or walkways; nor does it include excavation for a
basement, footings, piers, or foundations or the erection of temporary forms; nor
does it include the installation on the property of accessoty buildings, such as
garages or sheds not occupied as dwelling units or not part of the main structure.
S. "Structure" means a walled and roofed structure, including a gas or liquid storage
tank that is principally above the ground, including but without limitation to
buildings, factories, sheds, cabins, mobile homes and other similar uses.
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Ordinance 2889
Page 6
T. "Substantial improvement" means any repair, reconstruction or improvement of a
structure, the cost of which equals or exceeds fifty percent of the market value of
the structure either:
1. Before the improvement is started; or
2. If the structure has been damaged and is being restored, before the damage
occurred.
For the purposes of this definition substantial improvement is considered to occur when
the first alteration of any wall, ceiling, floor or other structural part of the building commences,
whether or not that alteration effects the external dimensions of the structure. The term does not,
however, include any alteration to comply with existing state or local health, sanitary, building or
safety codes or regulations, or structures listed in national or state registers of historic places.
18.54.110
Floodplain development--Permits required.
A.
No person, firm or corporation shall erect, construct, enlarge or improve any
building or structure, or begin development within areas of flood hazard in the
city or cause the same, including the placement of manufactured homes, to be
done without first obtaining a building permit for each such action.
To obtain such a building permit, the applicant shall first file an application
therefor in writing with the Building Official on a form furnished for that purpose.
Every such application shall:
1. Identify and describe the work to be covered by the permit for which
application is made;
2. Describe the land on which the proposed work is to be done by lot, block,
tract and house and street address, or similar description that will readily
identify and 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 showing the nature, location, dimensions, and elevation of the
area in question; existing or proposed structures, fill, storage of materials,
drainage facilities; and the location of the foregoing;
5. Be signed by the applicant or the applicant's his authorized agent who
may be required to submit evidence to indicate such authority.
6. Be accompanied by elevations (in relation to sea level) of the lowest floor
(including basement) or in the case of floodproofed (as defined in this
chapter) nonresidential structures, the elevation to which it has been
floodproofed. Documentation or certification of such elevations will be
maintained by the Building Official.
7. Be accompanied by a certification, submitted by a licensed Civil Engineer,
Structural Engineer, or Architect, that the plans and specifications for the
proposed building or structure comply with the 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 final
approval for use or occupancy thereof, shall certify that such building or
structure has been so floodproofed and shall specify the elevation to which
such floodproofing is effective. This provision is not applicable to
manufactured homes.
8. Electrical, heating, ventilation, plumbing, and air-conditioning equipment
and other service facilities shall be designed and/or located as to prevent
B.
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18.54.050
~
C.
Ordinance 2889
Page 7
water from entering or accumulating within the components during
conditions of flooding.
9. Give such other information as reasonably may be required by the
Building Official and the City Engineer.
In the coastal zone, development in floodplains shall also be required to obtain a
coastal development permit consistent with the applicable provisions of the
certified Local Coastal Program.
Floodplain development--Review by City Engineer.
The City Engineer shall review all development permit applications to determine if the
site of the proposed development is reasonably safe from flooding, that all applicable
requirements of the National Flood Insurance Program have been met, and that all necessary
permits have been received as required by federal or state law. Copies of such permits shall be
required part of permit applications.
STANDARDS FOR SUBDIVISIONS.
18.54.130
A.
B.
All preliminary subdivision proposals shall identify the special flood hazard area
and the elevation of the base flood.
All subdivision plans will provide the elevation of proposed structure(s) and
pad(s). If the site is filled above the base flood elevation, the lowest floor and pad
elevations shall be certified by a registered professional engineer or surveyor and
provided to the City Engineer.
All subdivision proposals shall be consistent with the need to minimize flood
damage.
All subdivision proposals shall have public utilities and facilities such as sewer,
gas, electrical and water systems located and constructed to minimize flood
damage.
All subdivisions shall provide adequate drainage to reduce exposure to flood
hazards.
C.
D.
E.
Floodplain development--Review by Building Official
The Building Official, in reviewing all applications for new construction, substantial
improvements, prefabricated buildings, placement of manufactured homes and other
developments (as defined in this chapter) shall obtain, review and reasonably utilize any base
flood elevation and floodway data available from a federal, state or other source, as criteria for
requiring that new construction, substantial improvements, or other development in Zone A on
the official map meet the following standards:
1) STANDARDS OF CONSTRUCTION.
In all areas of special flood hazards the following standards are required:
A. Anchoring
1. All new construction and substantial improvements shall be adequately
anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy.
2. All manufactured homes shall meet the anchoring standards to the
satisfaction of the Building Official.
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Ordinance 2889
Page 8
B. Construction materials and methods. All new construction and substantial
improvement shall be constructed
1. with flood resistant materials as specified in Federal Emergency
Management Agency (FEMA) Technical Bulletin TB 2-93, and utility
equipment resistant to flood damage;
2. using methods and practices that minimize flood damage;
3. with electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located so
as to prevent water from entering or accumulating within the components
during conditions of flooding; and if
4. within Zones AH or AO, so that there are adequate drainage paths around
structures on slopes to guide flood waters around and away from proposed
structures.
C. 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 adj acent grade or two feet if no depth number is specified.
2) STANDARDS FOR UTILmES.
A. All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate:
1. infiltration of flood waters into the systems, and
2. discharge from the systems into flood waters.
B. On-site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
All design of the project shall be certified by a registered professional in the respective
field of expertise.
3) STANDARDS FOR MANUFACTURED HOMES.
A. All manufactured homes that are placed on or substantially improved within a
special flood hazard area as identified on the City's flood insurance rate map and which
are:
1. Outside of a manufactured home park or subdivision; or
2. In a new manufactured home park or subdivision, or
3. In an expansion to an existing manufactured home park or subdivision, or
4. In an existing manufactured home park or subdivision within which a
manufactured home has incurred "substantial damage" as the result of a
flood.
5. shall be elevated on a permanent foundation such that the lowest floor of
the manufactured home is at least one foot above the base flood elevation
and be securely anchored to an adequately anchored foundation system to
resist flotation, collapse and lateral movement.
B. All manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within a special flood hazard area and
not subject to the provisions of Section 18.54.130.3.B.1 will be securely fastened to an
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Ordinance 2889
Page 9
adequately anchored foundation system to resist flotation, collapse, and lateral
movement, and shall be elevated so that either:
1. The lowest floor of the manufactured home is at least one foot above the
base flood elevation, or
2. The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36
inches in height above grade.
3. All manufactured homes and associated improvements shall be certified
by a registered professional engineer and surveyor.
4) STANDARDS FOR NON-RESIDENTIAL STRUCTURES.
A. 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 intpermeable to the passage
of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy;
B. Require the use of construction materials and utility equipment that are resistant
to floodwater damage;
C. Require the use of construction methods and practices that will minimize flood
damage;
D. Be designed or anchored to prevent the flotation, collapse or lateral movement of
the structure or portions of the structure due to flooding. Said design shall be
certified by a registered professional engineer and surveyor;
For all new construction and substantial improvements, fully enclosed areas below the
lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for
meeting this requirement must either be certified by a registered professional engineer or
architect or must meet or exceed the following minimum criteria: A minimum of two openings
have a total net area of not less than one square inch for every square foot of enclosed 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.
18.54.140
Floodplain development--City Engineer action.
The City Engineer shall review all subdivision and land development permit applications
and shall make findings of fact and assure that:
A. All such proposed developments are consistent with the need to minimize flood
damage;
B. Proposals for subdivisions and other new development incorporating more than
five acres of fifty lots, whichever is lesser, show on tentative parcels maps, tentative
subdivision maps or site plans, regulatory flood elevation data for any included area
designated zone A, zone AI-3D 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 minintize or eliminate flood
damage;
._ 9..-:-.1.2......_.
Ordinance 2889
Page 10
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 A1-30 and zone AO;
G. Within zones A1-30, new manufactured home parks and manufactured home
subdivisions, expansions to existing manufactured home parks and manufactured home
subdivisions, and existing manufactured home parks and manufactured home
subdivisions where the repair, reconstruction or improvement of the streets, utilities and
pads equals or exceeds fifty percent of the value of the streets, utilities and pads before
the repair, reconstruction or improvement has commenced have:
1. Stands or lots elevated on compacted fill or on pilings so that the lowest
floor of the manufactured home will be at least one foot above the base
flood level,
2. Adequate surface drainage and access for a hauler, and
3. In the instance of elevation on pilings, lots are large enough to permit
steps, piling foundations are placed in stable soil no more than ten feet
apart, and reinforcement is provided for pilings more than six feet above
the ground level;
H. Any encroachments, including fill, new construction, substantial improvements,
and other developments within the designated regulatory floodways that would result in
any increase in flood levels during the occurrence of a one-hundred-year flood discharge
are prohibited.
I. In the coastal wne, the City Engineer shall review all subdivision and land
development permit applications and shall recommend to the City Council findings as to
whether any proposed subdivision complies with the provisions of the certified Local
Coastal Program and the standards of Subsections A-H, above.
18.54.150
New water and sewage systems.
New water and sewer systems shall be constructed to eliminate or minimize infiltration
by, or discharge into, floodwaters. Moreover, on-site waste disposal systems will be designed to
avoid impairment or contamination during flooding. (Ord 2100 !il (part), 1985; Ord 1842 !i1
(part), 1978).
18.54.160
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 communities and the state coordinating office
prior to any alteration or relocation of a watercourse, and submit copies of such notifications to
the administrator of the Federal Insurance Administration. Moreover, City Officers will work
with appropriate State and Federal agencies in complying with the National Flood Insurance
Program in accordance with the National Flood Disaster Protection Act of 1973. In the coastal,
any subdivision that involves the alteration or relocation of a stream shall also conform to the
applicable provisions of the certified local coastal program.
18.54.170
Variance Procedure
1) NATURE OF VARIANCES.
9-13
Ordinance 2889
Page 11
The variance criteria set forth in this section of the ordinance are based on the general
principle of zoning law that variances pertain to a piece of property and are not personal in
nature. A variance may be granted for a parcel of property with physical characteristics so
unusual that complying with the requirements of this ordinance would create an exceptional
hardship to the applicant or the surrounding property owners. The characteristics must be unique
to the property and not be shared by adjacent parcels. The unique characteristic must pertain to
the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the City of Chula Vista to help protect its citizens from flooding. This
need is so compelling and the implications of the cost of insuring a structure built below flood
level are so serious that variances from the flood elevation or from other requirements in the
flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and
damage can only be met if variances are strictly limited. Therefore, the variance guidelines
provided in this ordinance are more detailed and contain multiple provisions that must be met
before a variance can be properly granted. The criteria are designed to screen out those
situations in which alternatives other than a variance are more appropriate.
2) APPEAL BOARD.
A. In passing upon requests for variances, the Board of Appeals and Advisors shall
consider all technical evaluations, all relevant factors, standards specified in other
sections of this ordinance, and the
1. danger that materials may be swept onto other lands to the injury of
others;
2. danger of life and property due to flooding or erosion damage;
3. susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the existing individual owner and future
owners of the property;
4. importance of the services provided by the proposed facility to the
community;
5. necessity to the facility of a waterfront location, where applicable;
6. availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
7. compatibility of the proposed use with existing and anticipated
development;
8. relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
9. safety of access to the property in time of flood for ordinary and
emergency vehicles;
10. expected heights, velocity, duration, rate of rise, and sediment transport of
the flood waters expected at the site; and
11. costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water system, and streets and
bridges.
B. Any applicant to whom a variance is granted shall be given written notice over the
signature of a Building Official that:
1. the issuance of a variance to construct a structure below the base flood
level will result in increased premium rates for flood insurance up to amounts as
high as $25 for every $100 of insurance coverage, and
2. such construction below the base flood level increases risks to life and
property. 11 is recommended that a copy of the notice shall be recorded by the
9-14
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Ordinance 2889
Page 12
Building Official in the office of the County Recorder and shall be recorded in a
manner so that it appears in the chain of title of the affected parcel of land.
C. The Building Official will maintain a record of all variance actions, including
justification for their issuance, and report such variances issued in its biennial report
submitted to the Federal Insurance Administration, Federal Emergency Management
Agency.
3) CONDITIONS FOR VARIANCES.
A. Generally, variances may be issued for new construction, substantial
improvement, and other proposed new development to be erected on a lot of one-half
acre or less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level. As the lot size increases beyond one-half acre,
the technical justification required for issuing the variance increases.
B. Variances may be issued for the repair or rehabilitation of "historic structures" (as
defined in 18.54.030 of this ordinance) upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as an historic
structure and the variance is the minimum necessary to preserve the historic character and
design of the structure.
C. Variances shall not be issued within any mapped regulatory f100dway if any
increase in flood levels during the base flood discharge would result.
D . Variances shall only be issued upon a determination that the variance is the
"minimum necessary" considering the flood hazard, to afford relief. "Minimum
necessary" means to afford relief with a minimum of deviation from the requirements of
this ordinance. For example, in the case of variances to an elevation requirement, this
means the Board of Appeals and Advisors need not grant permission for the applicant to
build at grade, or even to whatever elevation the applicant proposes, but only to that
elevation which the City of Chula Vista believes will both provide relief and preserve the
integrity of the local ordinance.
E. Variances shall only be issued upon a:
1. showing of good and sufficient cause;
2. determination that failure to grant the variance would result in exceptional
"hardship" (as defmed in 18.54.100 of this ordinance) to the applicant; and
3. determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, or extraordinary public
expense, create a nuisance (as defined in 18.54.100- see "Public safety or
nuisance''), cause fraud or victimization (as defined in 18.54.1(0) of the
public, or conflict with existing local laws or ordinances.
F. Variances may be issued for new construction, substantial improvement, and
other proposed new development necessary for the conduct of a functionally dependent
use provided that the structure or other development is protected by methods that
minimize flood damages during the base flood and does not result in additional threats to
public safety and does not create a public nuisance.
G. The City of Chula Vista may attach such conditions to the granting of variances as
it deems necessary to further the purposes of this ordinance.
18.54.180
Ordinance supersedes any conflicting statutes.
This chapter shall take precedence over conflicting ordinances or parts of ordinances.
The City Council may, from time to time, amend the ordinance codified in this chapter to reflect
any and all changes in the National Flood Insurance Program Regulations.
9-15
Ordinance 2889
Page 13
In the coastal zone, where conflicts arise between this ordinance and the certified Local
Coastal Program, the latter shall prevail.
SECTION II: This ordinance shall become effective upon the thirtieth day from and after its
second reading and adoption.
Presented by
Approved as to form by
~4, /G r?
J P. Lippitt Jo . Kaheny ZJ
ublic Works Director . Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 26th day of November, 2002, by the following vote:
AYES:
Councilmembers:
Davis, Padilla, Rindone, Salas and Horton
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
A'ITEST:
~ . ! 6-..A-l~y(......& CJ J
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2889 had its first reading at a regular meeting held on the 19th day of November,
2002 and its second reading and adoption at a regular meeting of said City Council held on the
26th day of November, 2002.
Executed this 26th day of November, 2002.
- ~<Lt...~'i?'~
Susan Bigelow, City Clerk
9-16
STATE OF CALIFORNIA - THE RESOURCES AGENCY
ATIACHMENT Z
ARNOLD SCHWARZENEGGER. Govemor
DEPARTMENT OF WATER RESOURCES
SOUTHERN DISTRICT
770 FAIRMONT AVENUE. SUITE 102
GLENDALE. CA 91203-1035
SEP 5 Z007
Honorable Stephen C. Padilla
Mayor of the City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Dear Mayor Padilla:
The California Department of Water Resources thanks your staff for its March 29, 2007
t;ansmittal of a draft copy of your community's floodplain management ordinance
(Chapter 18.54 of Chula Vista's Municipal Code), as requested in our October 26,2006
Community Assistance Visit Report.
After the adoption of this floodplain management ordinance your community will be in
full compliance with the minimum National Flood Insurance Program requirements as
specified in Title 44, Code of Federal Regulations, Sections 59, 60.3 through 60.6.
Please submit to this office two certified copies of the approved ordinance for our
records. On behalf of FEMA, I commend your staff for their excellent work in preparing
the ordinance.
This concludes DWR's role in this Community Assistance Visit with your community. If
you have any questions concerning this letter or any aspect of the NFl P, please contact
Mr. Salomon Miranda of my staff at (818) 500-1645 extension 245 or at
salomon@water.ca.qov. I can be reached at (818) 500-1645 extension 222.
Sincerely,
Mark Stuart, Chief
Southern District
cc: Ms. Elizabeth Chopp, Senior Civil Engineer /
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
9-17
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA,
REPLACING CHAPTER 18.54 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO FLOODPLAIN
REGULATIONS WITH CHAPTER 14.18
WHEREAS, on August 18, 2006 a Community Assistance visit was conducted by
a representative of the California Department of Water Resources (DWR) on behalf of
the Federal Emergency Management Agency (FEMA) for the City ofChula Vista; and
WHEREAS, as a result of that meeting and the review process, staff determined
that the City's existing floodplain ordinance, which was codified in Chula Vista
Municipal Code Chapter 18.54, needed to be revised to comply with the latest revisions
to the FEMA Model Ordinance; and
WHEREAS, staff submitted its recommended revisions to the floodplain
ordinance to DWR; and
WHEREAS, staff received a letter from the DWR dated September 5, 2007,
stating that, after adoption of the proposed ordinance, the City will be in full compliance
with the National Flood Insurance Program; and
WHEREAS, the legislature of the State of California has, in Government Code
Sections 65302, 65560 and 65800, conferred upon local governments the authority to
adopt regulations designed to promote the public health, safety and general welfare of the
citizenry .
NOW THEREFORE, the City Council of the City ofChula Vista does ordain as follows:
That Chula Vista Municipal Code chapter 18.54 be replaced with the following chapter
14.18:
Chapter 14.18
FLOODPLAIN REGULATlONS*
Sections:
14.18.010 Purpose and Intent
14.18.020 Lands to which this chapter applies.
14.18.030 Basis for establishing the areas of special flood hazards.
14.18.040 Methods of reducing flood losses.
14.18.050 Compliance.
14.18.060 Abrogation and greater restrictions.
14.18.070 Interpretation.
14.18.080 Warning and disclaimer ofliability.
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14.18.090 Severability.
14.18.100 Definitions.
14.18.110 Development in special flood hazard areas.
14.18.120 Application requirements.
14.18.130 Standards for building construction in SFHA.
14.18.140 Standards for Utilities.
14.18.150 Standards forresidential structures.
14.18.160 Standards for nonresidential structures.
14.18.170 Standards for garages and accessory structures.
14.18.180 Standards forrecreationa1 vehicles.
14.18.190 Standards for manufactured homes.
14.18.200 Standards for repair, reconstruction or improvement of streets,
utilities, and pads in manufactured home parks.
14.18.210 Standards for floodways.
14.18.220 Standards for subdivisions and large developments.
14.18.230 Duties of City Engineer as Floodplain Administrator.
14.18.240 Duties of the Building Official.
14.18.250 Duties of the Planning Director.
14.18.260 Alteration or relocation of watercourses.
14.18.270 Floodplain variances.
14.18.280 Findings necessary for variances.
14.18.290 Board of appeals.
14.18.300 Chapter supersedes any conflicting statutes.
* Prior legislation: Ords. 1842,2039,2100,2170,2197,2248,2386,2506,
2790, and 2889.
14.18.010 Purpose and intent.
A. The flood areas of the City ofChula Vista could be subject to periodic inundation
that could result in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of which adversely affect the
public health, safety, and general welfare. These flood losses could be caused by land
uses that are inadequately elevated, floodproofed, or protected from flood damage. The
cumulative effect of obstructions in areas of special flood hazards which increase flood
heights and velocities also contribute to flood losses.
B. In order to participate in the Federal Flood Insurance Program (National Flood
Disaster Protection Act of 1973), the City must adopt regulations controlling the
development of property within identified floodplains pursuant to the direction of said
Act. The Building Official and the City Engineer are therefore assigned certain added
responsibilities, and they are authorized and directed to enforce all the provisions of this
chapter.
C. It is the purpose of this chapter to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions in specific
areas by provisions designed to:
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1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas mains;
electric, telephone and sewer lines; and streets and bridges located in areas of special
flood hazard;
6. Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future blighted areas
caused by flood damage;
7. Ensure that potential buyers are notified that property is in an area of special
flood hazard; and
8. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
14.18.020 Lands to which this chapter applies.
The provisions of this chapter shall apply to all areas of special flood hazards (SFHAs),
within the jurisdiction of the City of Chula Vista.
14.18.030 Basis for establishing the areas ofspecial flood hazards.
A. The areas of special flood hazards identified by the Federal Insurance
Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the
Flood Insurance Study (FIS) dated June 19, 1997, and accompanying Flood Insurance
Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated June 19,
1997, and all subsequent amendments and/or revisions, are hereby adopted by reference
and declared to be part ofthis title.
B. This Flood Insurance Study and attendant mapping define the minimum area of
applicability of this chapter and may be supplemented by studies of other areas which are
recommended to the City Council by the City Engineer. The Study and Flood Insurance
Rate Maps are on file at the City Public Services Building at 276 Fourth Avenue.
14.18.040 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions to:
A. Restrict or prohibit uses which are dangerous to health, safety, and property due
to water or erosion hazards, or which result in damaging increases in erosion or flood
heights or velocities;
B. Require that uses vulnerable to floods, including facilities which serve such uses,
be protected against flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters;
D. Control filling, grading, dredging, and other development which may increase
flood damage; and
E. Prevent or regulate the construction of flood barriers which will unnaturally divert
flood waters or which may increase flood hazards in other areas.
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14.18.050 Compliance.
No structure or land shall be constructed, located, extended, converted, or altered
without full compliance with the terms of this chapter and other applicable regulations.
Violation of the requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a misdemeanor. Nothing in this
chapter shall prevent the City from taking such lawful action as is necessary to prevent or
remedy any violation.
14.18.060 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this chapter and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
14.18.070 Interpretation.
In the interpretation and application of this chapter, all provisions shall be considered as
minimum requirements, liberally construed in favor of the governing body; and deemed
neither to limit nor repeal any other powers granted under state statutes.
14.18.080 Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by manmade
or natural causes. This chapter does not imply that land outside the areas of the SFHAs or
uses permitted within such SFHAs will be free from flooding or flood damages. This
chapter shall not create liability on the part of the City, or any of its elected or appointed
officials, officers, or employees, the State of California, the Federal Insurance
Administration, or the Federal Emergency Management Agency, for any flood damages
that result from reliance on this chapter or any administrative decision lawfully made
pursuant to this chapter.
14.18.090 Severability.
This chapter and its various parts are declared to be severable. Should any section of
this chapter be declared by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the chapter as a whole, or any portion other than the section so
declared to be unconstitutional or invalid.
14.18.100 Definitions.
Unless specifically defined in this section, words or phrases used in this chapter shall be
interpreted so as to give them the same meaning as they have in common usage so as to
give this chapter its most reasonable application.
A. "Accessory structure, low-cost and small" means a structure that is solely for the
parking of no more than 2 cars; or limited storage (small, low cost sheds).
B. "Appeal" means a request for a review of the Floodplain Administrator's or
Building Official's interpretation of any provision of this chapter.
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("
C. "Base flood" means a flood which has a one percent chance of being equaled or
exceeded in any given year (also called the IOO-year flood).
D. "Base flood elevation (BFE)" means the water surface level of a watercourse or
waterbody referenced to an established datum, that corresponds to a flood event that has a
one percent chance of being equaled or exceeded in any given year.
E. "Basement" means any area of the building having its floor sub grade (below
ground level) on all sides.
F. "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.
G. "Elevation Certificate" means a document of the National Flood Insurance
Program (NFIP) used to provide elevation information necessary to ensure compliance
with community floodplain management ordinances, to determine the proper insurance
premium rate, and to support a request for a Letter of Map Amendment or Revision
(LOMA or LOMR-F).
H. "Encroachment" means the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a floodplain that may
impede or alter the flow capacity of a floodplain.
1. "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.
J. "Floodproofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures and their
contents.
K. "Flood Boundary and Floodway Map (FBFM)" means the official map on which
the Federal Emergency Management Agency or Federal Insurance Administration has
delineated both the areas of special flood hazards and the floodway.
L. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated
both the areas of special flood hazards and the risk premium zones applicable to the
community.
M. "Flood Insurance Study" means the official report provided by the Federal
Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the
Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
N. "Floodplain or flood-prone area" means any land area susceptible to being
inundated by water from any source - see "Flood."
O. "Floodplain Administrator" means the City Engineer.
P. "Floodplain management" means the operation of an overall program of
corrective and preventive measures for reducing flood damage and preserving and
enhancing, where possible, natural resources in the floodplain, including, but not limited
to, emergency preparedness plans, flood control works, floodplain management
regulations, and open space plans.
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Q. "Floodway" means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot. See "Regulatory Floodway."
R. "Grading" means any excavating or filling or combination thereof and shall
include the land in its excavated or filled conditions.
S. "Historic resource" means any structure, site, building, object, or natural feature
that is:
1. Listed or determined to be an eligible resource for listing in the National
Register of Historic Places (a listing maintained by the Department ofInterior);
2. Listed in or determined to be an eligible resource for listing in the California
Register of Historical Resources;
3. Listed in or determined to be an eligible resource for listing in the Chula Vista
register of historic sites; and
4. Any historic resource that the City determines to be historically significant
provided that the determination of historical significance is supported by substantial
evidence in light of the whole record.
F or the purposes of this definition, "eligible resource" means a historic resource
that is not listed on the National Register, the California Register, or the Chula Vista list
register of Historic Sites and/or is not included in the local historic resources inventory,
but appears to meet one or more of the criteria for designation.
T. "Land Development Permit" means as defined in CYMC chapter 15.04.
u. "Letter of Map Revision (LOMR)" is a letter issued by FEMA stating that a
particular structure or parcel of land is removed from the 100-year floodplain, generally
due to grading or construction of flood control projects. A developer or government
agency constructing an eligible project within the 100-year floodplain (as shown on the
most recent Flood Insurance Rate Map or subsequent LOMRs) is required to apply for a
LOMR.
V. "Lowest floor" means the lowest of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking of
vehicles, building access or storage, in an area other than a 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.
W. "Manufactured home" means a structure, transportable in one or more sections,
which is built on a permanent chassis and designed to be used with or without a
permanent foundation when connected to the required utilities. For flood management
purposes the term manufactured home also includes park trailers, travel trailers, and other
similar vehicles placed on a site for greater than 180 consecutive days. For insurance
purposes the term manufactured home does not include park trailers, travel trailers, and
other similar vehicles.
x. "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.
Y. "Mean sea level" means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum
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(NAVD) of 1988, or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
Z. "New construction," for floodplain management purposes, means structures for
which the start of construction commenced on or after November 14, 1978, and includes
any subsequent improvements to such structures.
AA. "Obstruction" includes, but is not limited to, any dam, wall, wharf,
embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge,
conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or
other material in, along, across or projecting into any watercourse which may alter,
impede, retard or change the direction and/or velocity of the flow of water, or due to its
location, its propensity to snare or collect debris carried by the flow of water, or its
likelihood of being carried downstream.
AB. "One-hundred (100) year flood" means the condition of flooding having a one
percent chance of annual occurrence. See "Base flood."
AC. "Recreational vehicle" means a vehicle that is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck;
and
4. Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
AD. "Regulatory flood elevation" means the water surface elevation of the 100-year
flood.
AE. "Regulatory floodway" means the channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot. The designated
regulatory floodways are the channels of the Sweetwater River and Telegraph Canyon
Creek shown on the current Flood Boundary and Floodway Map, and the Otay River and
Poggi Canyon Creek as shown on the County of San Diego floodway map.
AF. "Riverine" means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
AG. "Special flood hazard area (SFHA)" means an area in the floodplain subject to a
1 percent or greater chance of flooding in any given year. It is shown on a Flood Hazard
Boundary Map (FHBM) or FIRM as Zone A, AO, AI-A30, AE, A99, AH.
AH. "Start of construction," except as defined under the Coastal Barrier Resources
Act (Public Law 97-348), is the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, placement, or other improvement is within
180 days of the permit date. This does not include land preparation, street construction,
excavation, the erection of temporary forms or installation on the property of accessory
structures.
AI. "Structure" means a walled and roofed structure, including a gas or liquid
storage tank that is principally above the ground, including, but without limitation to,
buildings, factories, sheds, cabins, mobile homes, and other similar uses.
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AJ. "Substantial damage" means damage of any ongm sustained by a structure
whereby the cost of restoring the structure to its before damaged condition would equal
or exceed 50 percent of the market value of the structure before the damage occurred.
AK. "Substantial improvement" means any reconstruction, rehabilitation, addition,
or improvement of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before the start of the construction of the improvement. This
term includes structures have incurred substantial damage, regardless of the actual repair
work performed. However, the term does not include either:
1. Any project for improvement of a structure to correct existing violations or
state or local health, sanitary, or safety code specifications which have been identified by
the local code enforcement official and which are the minimum necessary to assure safe
living conditions; or
2. Any alteration of a historic resource, provided that the alteration would not
preclude the structure's continued designation as a historic resource.
F or the purposes of this chapter, substantial improvement is considered to occur
when the first alteration of any wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration effects the external dimensions of the
structure. The term does not, however, include any alteration to comply with existing
state or local health, sanitary, building or safety codes or regulations, or structures listed
in national or California registers of historic places.
AL. "Variance" means a grant of relief from the requirements of this chapter that
permits construction in a manner that would otherwise be prohibited by this chapter.
AM. "Violation" means the failure of a structure or other development to be fully
compliant with this chapter. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance required in this chapter is
presumed to be in violation until such time as that documentation is provided.
AN. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other
topographic feature on or over which waters flow at least periodically. Watercourse
includes specifically designated areas in which substantial flood damage may occur.
AO. "Zone" means an area delineated on the Flood Insurance Rate Maps and Flood
Hazard Boundary Maps with respect to its potential flood hazard. See "Special flood
hazard area."
14.18.110 Floodplain development - Permits required.
No person, including property owners, contractors, private engineers or others, shall
erect, construct, enlarge, or improve any building or structure, or begin development within
a SFHA, including the placement of manufactured homes, without first obtaining a
building permit, land development permit, or any other permit required pursuant to CVMC
chapters 15.04 and 15.08 for each such action.
14.18.120 Application requirements.
A. Each application for a building permit, land development permit, or any other
permit required pursuant to CVMC chapters 15.04 and 15.08 in a SFHA shall include:
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1. Necessary plans and specifications for the proposed construction showing the
nature, location, dimensions, and elevation of the area in question; existing or proposed
structures, fill, storage of materials, drainage facilities;
2. Elevations (in relation to sea level) of the lowest floor (including basement) or
in the case of floodproofed nonresidential structures, the elevation to which it has been
floodproofed. Certification, submitted by a licensed civil engineer, structural engineer, or
architect, that the plans and specifications for any proposed building or structure comply
with the floodproofing requirements of the National Flood Insurance Program as revised;
3. Evidence that electrical, heating, ventilation, plumbing, and air-conditioning
equipment and other service facilities are designed and/or located so as to prevent water
from entering or accumulating within the components during conditions of flooding; and
4. Any other information as reasonably may be required by the building official
and the city engineer.
B. In the coastal zone, development in SFHAs shall also be required to obtain a
coastal development permit consistent with the applicable provisions of the certified
Local Coastal Program.
14.18.130 Standards for building construction in SFHA.
A. A Conditional Letter of Map Revision (CLOMR) shall be obtained prior to the
construction of a proposed flood control project based on design plans approved by the
City. Construction of the proposed flood control project and land preparation as specified
in the start of construction definition will be allowed after the CLOMR is approved by
FEMA.
B. All LOMRs for flood control projects shall be approved by FEMA prior to the
issuance of building permits. Building permits shall not be issued based on CLMORs.
C. The following requirements pertain to construction in areas that have not been
removed from the SFHA by an approved LOMR:
1. All new construction and substantial improvements shall be adequately
anchored to prevent flotation, collapse or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2. All new construction and substantial improvements shall be constructed:
a. With flood resistant materials as specified in FEMA Technical Bulletin
TB 2-93, and utility equipment resistant to flood damage;
b. Using methods and practices that minimize flood damage;
c. With electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of
flooding; and
d. Within zones AH or AO, so that there are adequate drainage paths around
the structures on slopes to guide flood waters around and away from the structures.
3. All new construction and substantial improvements of structures with fully
enclosed areas below the lowest floor (excluding basements) that are usable solely for
parking of vehicles, building access or storage, and which are subject to flooding, shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by allowing
for the entry and exit of floodwater. Designs for meeting this requirement must be
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certified by a registered civil or structural engineer or architect or must meet or exceed
the following minimum criteria:
a. For non-engineered openings:
i. Have a minimum of two openings on different sides having a total net
area of not less than one square inch for every square foot of enclosed area subject to
flooding;
ii. The bottom of all openings shall be no higher than one foot above
grade;
iii. Openings may be equipped with screens, louvers, valves or other
coverings or devices provided that they permit the automatic entry and exit of floodwater;
and
iv. Buildings with more than one enclosed area must have openings on
exterior walls for each area to allow flood water to directly enter.
14.18.140 Standards for utilities.
A. The design of all new and replacement water supply and sanitary sewage systems
shall be certified by a registered professional in the respective field of expertise. All new
and replacement water supply and sanitary sewage systems shall be designed and
constructed to minimize or eliminate infiltration of flood waters into the systems and
discharge from the systems into floodwaters.
B. On-site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
14.18.150 Standards for residential structures.
For all new construction and substantial improvements of residential structures, 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.
14.18.160 Standards for nonresidential structures.
A. All new construction and substantial improvements of nonresidential structures
shall meet the following standards:
1. The lowest floor elevation (to include basement) of nonresidential structures
shall 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. In the alternative, attendant utility and sanitary facilities shall be
completely floodproofed to or above that level so that any space below that level is
watertight with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy;
2. Construction materials and utility equipment shall be resistant to floodwater
damage;
3. Construction methods and practices shall minimize flood damage; and
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4. The design of all new construction and substantial improvements of
nonresidential structures shall be certified by a registered professional engineer and
surveyor and shall be designed or anchored to prevent the flotation, collapse or lateral
movement of the structure or portions of the structure due to flooding.
B. Any nonresidential structure proposed to be floodproofed in accordance with this
chapter shall be certified by a licensed civil engineer, structural engineer or architect,
subsequent to construction of the proposed building or structure but prior to final approval'
for use or occupancy thereof and the elevation to which such floodproofing is effective
shall be specified.
14.18.170 Standards for garages and accessory structures.
A. Attached garages.
1. All garages attached to a residential structure and constructed with the garage
floor slab below the BFE shall be designed to allow for the automatic entry and exit of
floodwaters. Areas of the garage below the BFE shall be constructed with flood resistant
materials as specified in FEMA Technical Bulletin TB 2-93.
B. Detached garages and accessory structures.
1. Accessory structures used solely for parking (2 car detached garages or
smaller) or limited storage (small, low-cost sheds), may be constructed such that its floor
is below the BFE, provided the structure meets the following standards:
a. The accessory structure shall be used only for parking or limited storage;
b. The portions of the accessory structure located below the BFE shall be
built using flood-resistant materials;
c. The accessory structure shall be adequately anchored to prevent flotation,
collapse and lateral movement;
d. Any mechanical and utility equipment in the accessory structure shall be
elevated or floodproofed to or above the BFE;
e. The accessory structure must comply with floodplain encroachment
provisions in section 14.18.210;
f. The accessory structure shall be designed to allow for the automatic entry
and exit of floodwaters; and
g. The below-grade parking areas shall comply with the requirements in
FEMA Technical Bulletin TB-6.
14.18.180 Standards for recreational vehicles.
All recreational vehicles placed in Zones AI-30, AH, and AE shall either:
A. Be on the site for fewer than 180 consecutive days; or
B. Be fully licensed and ready for highway use. A recreational vehicle is ready for
highway use if it is on its wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices, and has no permanently attached additions;
or
C. Have a permit required in section 14.18.110 and meet the elevation and anchoring
requirements for manufactured homes in section 14.18.190.
14.18.190 Standards for manufactured homes.
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A. All manufactured homes that are placed on or substantially improved within a
special flood hazard area and which are:
1. Outside of a manufactured home park or subdivision; or
2. In a new manufactured home park or subdivision; or
3. In an expansion to an existing manufactured home park or subdivision; or
4. In an existing manufactured home park or subdivision within which a
manufactured home has incurred "substantial damage" as the result of a flood shall be
certified by a registered professional engineer and surveyor and shall be elevated on a
permanent foundation such that the lowest floor of the manufactured home is at least one
foot above the base flood elevation and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement.
B. All manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within a special flood hazard area and
not subject to the provisions of subsection A of this section shall be certified by a
registered professional engineer and surveyor and shall be securely fastened to an
adequately anchored foundation system to resist flotation, collapse, and lateral
movement, and shall be elevated so that either:
1. The lowest floor of the manufactured home is at least one foot above the base
flood elevation; or
2. The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36 inches in
height above grade.
14.18.200 Standards for repair, reconstruction or improvement of streets, utilities,
and pads in manufactured home parks.
The following standards apply within zones AI-30 for 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. All repair, reconstruction or improvement of the
streets, utilities and pads which equals or exceeds 50 percent of the value of the streets,
utilities and pads before the repair, reconstruction or improvement has commenced shall
comply with the following standards:
A. Stands or lots shall be 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;
B. Surface drainage and access for a hauler shall be adequate; and
C. In the instance of elevation on pilings, lots shall be large enough to permit steps,
piling foundations shall be placed in stable soil no more than 10 feet apart, and
reinforcement shall be provided for pilings more than six feet above the ground level.
14.18.210 Standards for floodways.
Because floodways are an extremely hazardous area due to the velocity of
floodwaters that carry debris and potential projectiles, and have erosion potential, the
following standards apply:
A. Until a regulatory floodway is adopted, no new construction, substantial
development, or other development (including fill) shall be permitted within Zones AI-
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30 and AE, unless it is demonstrated that the cumulative effect of the proposed
development, when combined with all other development, will not increase the water
surface elevation of the base flood more than I foot at any point within the City;
B. Within an adopted regulatory floodway, encroachments, including fill, new
construction, substantial improvements, and other development are prohibited unless
certification by a registered civil engineer is provided demonstrating that the proposed
encroachment shall not result in any increase in flood levels during the occurrence of the
base flood discharge; and
C. All new construction, substantial improvement, and other proposed development
in a floodway shall comply with all other applicable provisions of chapter 14.18.
14.18.220 Standards for subdivisions and large developments.
A. All proposals for subdivisions and other new development incorporating more
than five acres or 50 lots, whichever is lesser, shall show on tentative parcel maps,
tentative subdivision maps or site plans, regulatory flood elevation data for any included
area designated zone A, zone AI-30 or zone AO.
B. All preliminary subdivision proposals shall identify the special flood hazard area
and the elevation of the base flood.
C. All subdivision plans shall provide the elevation of proposed structure(s) and
pad(s). If the site is filled above the base flood elevation, the lowest floor and pad
elevations shall be certified by a registered professional engineer or surveyor.
D. All subdivision proposals shall be consistent with the need to minimize flood
damage.
E. All subdivision proposals shall have public utilities and facilities such as sewer,
gas, electrical and water systems located and constructed to minimize flood damage.
F. All subdivisions shall provide adequate drainage to reduce exposure to flood
hazards.
14.18.230 Duties of City Engineer as floodplain administrator.
A. The City Engineer shall act as the Floodplain Administrator and shall administer,
implement, and enforce the standards and regulations of chapter 14.18 by granting or
denying land development permits, or other permits in accordance with the terms of
chapter 14.18.
B. The duties and responsibilities of the Floodplain Administrator shall include, but
not be limited to, the following:
I. Prior to issuance, review all building permits, land development permits, or
any other permits required pursuant to chapters 15.04 and 15.08 to assure that:
a. All proposed developments are consistent with the need to minimize flood
damage;
b. Adequate drainage is provided so as to reduce exposure to flood hazards;
c. All public utilities and facilities are located so as to minimize or eliminate
flood damage;
d. The natural landscape of all designated floodways and major watercourses
is substantially preserved;
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e. 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-30 and zone AO;
f. 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 100-year flood
discharge are prohibited; and
g. In the coastal zone, all subdivision and land development permit
applications comply with the provisions of the certified Local Coastal Program and the
standards of subsections a.) through f.) of this section.
2. Prior to issuance, review all land development permits, or other permits to
determine if the site of the proposed development is reasonably safe from flooding, that
all applicable requirements of the National Flood Insurance Program have been met, and
that all necessary permits have been obtained as required by federal or state law. Any
permits required by federal or state law shall be obtained by the applicant prior to
issuance of any permit by the City.
3. Submit or assure that the permit applicant submits technical or scientific data
to FEMA for a LOMR, within 6 months of information becoming available or project
completion, whichever comes first, so that, upon confirmation of those physical changes
affecting flooding conditions, risk premium rates and floodplain management
requirements are based on current data.
4. Notify FEMA in writing whenever the City boundaries have been modified by
annexation or other means and include a copy of a map of the community clearly
delineating the new City limits.
5. Make interpretations as to the exact location of the boundaries of the SFHAs
where there appears to be a conflict between a mapped boundary and actual field
conditions. The person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in section 14.18.290.
6. Take action to remedy violations of this ordinance.
7. Complete and submit Biennial Reports to FEMA.
8. 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.
14.18.240 Duties ofthe Building Official.
The duties and responsibilities of the Building Official shall include, but not be
limited to, obtaining, reviewing, and reasonably utilizing any base flood elevation and
floodway data available from a federal, state or other source, and assuring that all new
construction, substantial improvements, placement of manufactured homes and
prefabricated buildings, or other development in the SFHA meets all applicable standards
in this chapter.
14.18.250 Duties of the Planning Director.
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The duties and responsibilities of the Planning Director shall include, but not be
limited to, assuring that the General Plan is consistent with floodplain management
objectives in this chapter.
14.18.260 Alteration or relocation of watercourses.
The Floodplain Administrator 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. Prior to any alteration or relocation of a watercourse, or in riverine
situations, the Floodplain Administrator shall notify affected communities and the state
coordinating office of FEMA. The Floodplain Administrator shall submit copies of such
notifications to the administrator of the Federal Insurance Administration. The Floodplain
Administrator shall assure that, in the coastal zone, any subdivision that involves the
alteration or relocation of a stream shall also conform to the applicable provisions of the
certified Local Coastal Program.
14.18.270 Floodplain variances.
A. The variance criteria set forth in this section are based on the general principle of
zoning law that variances pertain to a piece of property and are not personal in nature. A
variance may be granted for a parcel of property with physical characteristics so unusual
that complying with the requirements of this chapter would create an exceptional hardship
to the applicant or the surrounding property owners. Mere economic or financial hardship
alone, inconvenience, aesthetic considerations, or physical handicaps cannot, as a rule,
qualify as exceptional hardships. The characteristics must be unique to the property and not
be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not
to the structure, its inhabitants, or the property owners.
8. It is the duty of the City of Chula Vista to help protect its citizens from flooding.
This need is so compelling and the implications of the cost of insuring a structure built
below flood level are so serious that variances from the flood elevation or from other
requirements in this chapter are quite rare. The long-term goal of preventing and reducing
flood loss and damage can only be met if variances are strictly limited. Therefore, the
variance guidelines provided in this chapter are more detailed and contain multiple
provisions that must be met before a variance can be granted. The criteria are designed to
screen out those situations in which alternatives other than a variance are more appropriate.
1. A property owner and/or developer may apply for a floodplain variance upon
payment of a fee as designated in the Master Fee Schedule. The Floodplain Administrator
shall review all applications for variances. In evaluating applications for variances, he shall
consider all technical evaluations, all relevant factors, standards specified in other sections
of this chapter, and the:
a. Danger that materials may be swept onto other lands to the injury of
others;
b. Danger oflife and property due to flooding or erosion damage;
c. Susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the existing individual owner and future owners of the
property;
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d. Importance of the services provided by the proposed facility to the
community;
e. Necessity to the facility of a waterfront location, where applicable;
f. Availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
g. Compatibility of the proposed use with existing and anticipated
development;
h. Relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
i. Safety of access to the property in time of flood for ordinary and
emergency vehicles;
j. Expected heights, velocity, duration, rate of rise, and sediment transport of
the flood waters expected at the proposed site; and
k. Costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and facilities such as
sewer, gas, electrical, and water system, and streets and bridges.
2. Variances may be issued for new construction, substantial improvement, and
other proposed new development to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed below the base
flood level. As the lot size increases beyond one-half acre, the technical justification
required for issuing the variance increases.
3 . Variances may be issued for the repair or rehabilitation of historic resources as
defined in this chapter, upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as an historic resource and the
variance is the minimum necessary to preserve the historic character and design of the
structure.
4. The Floodplain Administrator may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this chapter.
14.18.280 Findings necessary for variances.
A. In granting a variance, the Floodplain Administrator shall make the following
findings:
1. That the proposed development is not located in any mapped regulatory
floodway if any increase in flood levels during the base flood discharge would result;
2. That the variance is the "minimum necessary" considering the flood hazard, to
afford relief. "Minimum necessary" means to afford relief with a minimum of deviation
from the requirements of this chapter;
3. That failure to grant the variance would result in exceptional hardship to the
applicant;
4. That granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, conflict with existing
local laws or ordinances or create a nuisance; and
5. That granting of a variance will not cause fraud or victimization. For example,
buildings that are permitted to be constructed below the base flood elevation are subject
during their life (estimated at 50 to 100 years) to increased risk of flood damage, while
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future owners of the property and the community are subj ect to the costs, inconvenience
and danger associated with the increased flooding potential.
B. The Floodplain Administrator shall include the following in a written notice for
any variance granted and shall record, or cause to be recorded, the notice in the Office of
the County Recorder so that the notice appears in the chain of title of the affected parcel
ofland:
1. That the issuance of a variance to construct a structure below the base flood
level will result in increased premium rates for flood insurance up to amounts as high as
$25.00 for every $100.00 of insurance coverage, and
2. That such construction below the base flood level increases risks to life and
property.
C. The Floodplain Administrator shall maintain a record of all variance actions,
including justification for the issuance of any variance. This record will be included in a
Biennial Report submitted to FEMA.
14.18.290 Appeals.
The Board of Appeals and Advisors shall hear appeals from the decision of the
Floodplain Administrator regarding variances. The decision of the Board of Appeals and
Advisors is final.
14.18.300 Chapter supersedes any conflicting statutes.
A. This chapter shall take precedence over conflicting ordinances or parts of
ordinances with respect to floodplain administration. 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.
B. In the coastal zone, where conflicts arise between this chapter and the certified
Local Coastal Program, the latter shall prevail.
Presented by:
Approved as to form by:
Jack Griffin
Director of Engineering and
General Services
~L~~&n-
Ann Moore
City Attorney
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ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA,
REPLACING CHAPTER 18.54 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO FLOODPLAIN
REGULATIONS WITH CHAPTER 14.18
WHEREAS, on August 18, 2006 a Community Assistance visit was conducted by
a representative of the California Department of Water Resources (DWR) on behalf of
the Federal Emergency Management Agency (FEMA) for the City ofChula Vista; and
WHEREAS, as a result of that meeting and the review process, staff determined
that the City's existing floodplain ordinance, which was codified in Chula Vista
Municipal Code Chapter 18.54, needed to be revised to comply with the latest revisions
to the FEMA Model Ordinance; and
WHEREAS, staff submitted its recommended reVlSlons to the floodplain
ordinance to DWR; and
WHEREAS, staff received a letter from the DWR dated September 5, 2007,
stating that, after adoption of the proposed ordinance, the City will be in full compliance
with the National Flood Insurance Program; and
WHEREAS, the legislature of the State of California has, in Government Code
Sections 65302, 65560 and 65800, conferred upon local governments the authority to
adopt regulations designed to promote the public health, safety and general welfare of the
citizenry.
NOW THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
That Chula Vista Municipal Code chapter 18.54 be replaced with the following chapter
14.18 :
Chapter 14.18
FLOODPLAIN REGULATIONS*
Sections:
14.18.010 Purpose and Intent
14.18.020 Lands to which this chapter applies.
14.18.030 Basis for establishing the areas of special flood hazards.
14.18.040 Methods of reducing flood losses.
14.18.050 Compliance.
14.18.060 Abrogation and greater restrictions.
14.18.070 Interpretation.
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14.18.080 Warning and disclaimer ofliability.
14.18.090 Severabilitv.
14.18.100 Definitions.
14.18.110 Development in special flood hazard areas.
14.18.120 Application requirements.
14.18.130 Standards for building construction in SFHA.
14.18.140 Standards for Utilities.
14.18.150 Standards for residential structures.
14.18.160 Standards for nonresidential structures.
14.18.170 Standards for garages and accessorv structures.
14.18.180 Standards forrecreational vehicles.
14.18.190 Standards for manufactured homes.
14.18.200 Standards for repair. reconstruction or improvement of streets.
utilities. and pads in manufactured home parks.
14.18.210 Standards for floodwavs.
14.18.220 Standards for subdivisions and large developments.
14.18.230 Duties of Citv Engineer as Floodplain Administrator.
14.18.240 Duties of the Building Official.
14.18.250 Duties of the Planning Director.
14.18.260 Alteration or relocation of watercourses.
14.18.270 Floodplain variances.
14.18.280 Findings necessarv for variances.
14.18.290 Board of appeals.
14.18.300 Chapter supersedes anv conflicting statutes.
· Prior legislation: Ords. 1842. 2039. 2100. 2170. 2197. 2248. 2386. 2506.
2790. and 2889.
14.18.010 Puroose and intent.
A. The flood areas of the City ofChula Vista could be subiect to periodic inundation
that could result in loss of life and property. health and safety hazards. disruption of
commerce and governrnental services. extraordinary public expenditures for flood
protection and relief. and impairment of the tax base. all of which adverselv affect the
public health. safetv. and general welfare. These flood losses could be caused bv land
uses that are inadequatelv elevated. floodproofed. or protected from flood damage. The
cumulative effect of obstructions in areas of special flood hazards which increase flood
heights and velocities also contribute to flood losses.
B. In order to participate in the Federal Flood Insurance Program (National Flood
Disaster Protection Act of 1973). the City must adopt regulations controlling the
development of property within identified floodplains pursuant to the direction of said
Act. The Building Official and the City Engineer are therefore assigned certain added
responsibilities. and they are authorized and directed to enforce all the provisions of this
chapter.
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C. It is the purpose of this chapter to promote the public health. safety. and general
welfare. and to minimize public and priyate losses due to flood conditions in specific
areas by provisions designed to:
I. Protect human life and health:
2. Minimize expenditure of public money for costly flood control projects:
3. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public:
4. Minimize prolonged business interruptions:
5. Minimize damage to public facilities and utilities such as water and gas mains:
electric. telephone and sewer lines: and streets and bridges located in areas of special
flood hazard:
6. Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future blighted areas
caused by flood damage:
7. Ensure that potential buyers are notified that property is in an area of special
flood hazard: and
8. Ensure that those who OCCUpy the areas of special flood hazard assume
responsibility for their actions.
14.18.020 Lands to which this chapter applies.
The rovisions of this cha ter shall a I to all areas of s
within the iurisdiction ofthe City ofChula Vista.
14.18.030 Basis for establishine: the areas of special flood hazards.
A. The areas of special flood hazards identified by the Federal Insurance
Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the
Flood Insurance Study (FIS) dated June 19. 1997. and accompanying Flood Insurance
Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs). dated June 19.
1997. and all subsequent amendments and/or revisions. are hereby adopted by reference
and declared to be part of this title.
B. This Flood Insurance Study and attendant mapping define the minimum area of
applicability of this chapter and may be supplemented by studies of other areas which are
recommended to the City Council bv the City Engineer. The Study and Flood Insurance
Rate Maps are on file at the City Public Services Building at 276 Fourth Avenue.
14.18.040 Methods of reduciul!: flood losses.
In order to accomplish its purposes. this chapter includes methods and provisions to:
A. Restrict or prohibit uses which are dangerous to health. safety. and property due
to water or erosion hazards. or which result in damaging increases in erosion or flood
heights or velocities:
B. Require that uses vulnerable to floods. including facilities which serve such uses.
be protected against flood damage at the time of initial construction:
C. Control the alteration of natural floodplains. stream channels. and natural
protective barriers. which help accommodate or channel flood waters:
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D. Control filling, grading, dredging, and other development which mav increase
flood damage; and
E. Prevent or regulate the construction of flood barriers which will unnaturallv divert
flood waters or which mav increase flood hazards in other areas.
14.18.050 ComDliance.
No structure or land shall be constructed located extended converted or altere
without full com liance with the terms of this cha ter and other a licable re ulations.
Violation of the re uirements includin violations of conditions and safe uards
established in connection with conditions shall constitute a misdemeanor. Nothin in thi
cha ter shall revent the Cit from takin such lawful action as is necessar to revent 0
remedv anv violation.
14.18.060 Abrol!ation and l!reater restrictions.
This cha ter is not intended to re eal abro ate or im air an eXlstm easements
covenants or deed restrictions. However where this cha ter and another ordinance
easement covenant or deed restriction conflict or overla whichever im oses the more
stringent restrictions shall prevail.
14.18.070 Internretation.
In the inte retation and a lication of this cha ter all rovisions shall be considered as
minimum re uirements liberall construed in favor of the overnin bod' and deeme
neither to limit nor repeal anv other powers granted under state statutes.
14.18.080 Warninl! and disclaimer of liability.
The de ree of flood rotection re uired b this cha ter is considered reasonable fo
re ulato u oses and is based on scientific and en ineerin considerations. Lar e
floods can and will occur on rare occasions. Flood hei hts ma be increased b manmad
or natural causes. This cha ter does not im I that land outside the areas of the SFHAs 0
uses ermitted within such SFHAs will be free from floodin or flood dama es. This
cha ter shall not create liabilit on the art of the Cit or an of its elected or a ointe
officials officers or em 10 ees the State of California the Federal Insurance
Administration or the Federal Emer enc Mana ement A enc for an flood dama es
that result from reliance on this cha ter or an administrative decision lawfull made
pursuant to this chapter.
14.18.090 Severability.
This cha ter and its various arts are declared to be severable. Should an section 0
this cha ter be declared b the courts to be unconstitutional or invalid such decision shall
not affect the validit of the cha ter as a whole or an ortion other than the section s
declared to be unconstitutional or invalid.
14.18.100 Definitions.
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Unless s ecificall defined in this section words or hrases used in this cha ter shall b
inte reted so as to ive them the same meanin as the have in common usa e so as to
give this chapter its most reasonable application.
A. "Accessory structure, low-cost and small" means a structure that is solely for the
parking of no more than 2 cars; or limited storage (smalL low cost sheds).
B. "Appeal" means a request for a review of the Floodplain Administrator's or
Building Official's interpretation of any provision of this chapter.
C. "Base flood" means a flood which has a one percent chance of being equaled or
exceeded in any given year (also called the IOO-vear flood).
D. "Base flood elevation (BFE)" means the water surface level of a watercourse or
waterbodv referenced to an established datum, that corresponds to a flood event that has a
one percent chance of being equaled or exceeded in any given year.
E. "Basement" means any area of the building having its floor sub grade (below
ground level) on all sides.
F. "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.
G. "Elevation Certificate" means a document of the National Flood Insurance
Program iNFIP) used to provide elevation information necessary to ensure compliance
with community floodplain management ordinances. to determine the proper insurance
premium rate, and to support a request for a Letter of Map Amendment or Revision
(LOMA or LOMR-F).
H. "Encroachment" means the advance or infringement of uses. plant growth. filL
excavation, buildings, permanent structures or development into a floodplain that may
impede or alter the flow capacity of a floodplain.
I. "Flood" means a temporary rise in a stream's flow or stage that results in water
overflowing its banks and inundating areas adiacent to the chauneL or an unusual and
rapid accumulation of runoff or surface waters from any source.
J. "Floodproofing" means any combination of structural and nonstructural additions,
changes, or adiustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities. structures and their
contents.
K. "Flood Boundary and Floodwav Map (FBFM)" means the official map on which
the Federal Emergencv Management Agencv or Federal Insurance Administration has
delineated both the areas of special flood hazards and the floodwav.
1. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Emergencv Management Agencv or Federal Insurance Administration has delineated
both the areas of special flood hazards and the risk premium zones applicable to the
community.
M. "Flood Insurance Studv" means the official report provided bv the Federal
Insurance Administration that includes flood profiles, the Flood Insurance Rate Map. the
Flood Boundary and Floodwav Map, and the water surface elevation of the base flood.
N. "Floodplain or flood-prone area" means any land area susceptible to being
inundated bv water from any source - see "Flood."
O. "Floodplain Administrator" means the City Engineer.
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X. "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.
Y. "Mean sea level" means. for purposes of the National Flood Insurance Program.
the National Geodetic Vertical Datum (NGVD) of 1929. North American Vertical Datum
(NA VD) of 1988. or other datum. to which base flood elevations shown on a
communitv's Flood Insurance Rate Map are referenced.
Z. "New construction." for floodplain management purposes. means structures for
which the start of construction commenced on or after November 14. 1978. and includes
anv subsequent improvements to such structures.
AA. "Obstruction" includes. but is not limited to. anv dam. wall. wharf.
embankment. levee. dike. pile. abutment. protection. excavation. channelization. bridge.
conduit. culvert. building. wire. fence. rock. gravel. refuse. fill. structure. vegetation or
other material in. along. across or proiecting into anv watercourse which mav alter.
impede. retard or change the direction and/or velocitv of the flow of water. or due to its
location. its propensitv to snare or collect debris carried bv the flow of water. or its
likelihood of being carried downstream.
AB. "One-hundred (] 00) vear flood" means the condition of flooding having a one
percent chance of annual occurrence. See "Base flood."
AC. "Recreational vehicle" means a vehicle that is:
I. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal proiection;
3. Designed to be self-propelled or permanentlv towable bv a light-dutv truck;
and
4. Designed primarilv not for use as a permanent dwelling but as temporarv
living quarters for recreational. camping. travel. or seasonal use.
AD. "Regulatorv flood elevation" means the water surface elevation of the 100-vear
flood.
AE. "Regulatorv floodwav" means the channel of a river or other watercourse and
the adiacent land areas that must be reserved in order to discharge the base flood without
cumulativelv increasing the water surface elevation more than one foot. The designated
regulatorv floodwavs are the channels of the Sweetwater River and Telegraph Canvon
Creek shown on the current Flood Boundarv and Floodwav Map. and the Otav River and
Poggi Canvon Creek as shown on the Countv of San Diego floodwav map.
AF. "Riverine" means relating to. formed bv. or resembling a river (including
tributaries). stream. brook. etc.
AG. "Special flood hazard area (SFHA)" means an area in the floodplain subiect to a
I percent or greater chance of flooding in anv given vear. It is shown on a Flood Hazard
Boundarv Map (FHBM) or FIRM as Zone A. AO. AI-A30. AE. A99. AH.
AH. "Start of construction." except as defined under the Coastal Barrier Resources
Act (Public Law 97-348), is the date the building permit was issued. provided the actual
start of construction. repair. reconstruction. placement. or other improvement is within
180 davs of the permit date. This does not include land preparation. street construction.
excavation. the erection of temporarv forms or installation on the propertv of accessorv
structures.
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AI. "Structure" means a walled and roofed structure. including a gas or liquid
storage tank that is principallv above the ground. including. but without limitation to.
buildings. factories. sheds. cabins. mobile homes. and other similar uses.
AJ. "Substantial damage" means damage of anv origin sustained bv a structure
wherebv the cost of restoring the structure to its before damaged condition would equal
or exceed 50 percent of the market value of the structure before the damage occurred.
AK. "Substantial improvement" means anv reconstruction. rehabilitation. addition.
or improvement of a structure. the cost of which equals or exceeds 50 percent of the
market value of the structure before the start of the construction of the improvement. This
term includes structures have incurred substantial damage. regardless of the actual repair
work performed. However. the term does not include either:
I. Anv proiect for improvement of a structure to correct existing violations or
state or local health. sanitary. or safety code specifications which have been identified bv
the local code enforcement official and which are the minimum necessarv to assure safe
living conditions: or
2. Anv alteration of a historic resource. provided that the alteration would not
preclude the structure's continued designation as a historic resource.
For the purposes of this chapter. substantial improvement is considered to occur
when the first alteration of anv wall. ceiling. floor or other structural part of the building
commences. whether or not that alteration effects the external dimensions of the
structure. The term does not. however. include anv alteration to complv with existing
state or local health. sanitary. building or safetv codes or regulations. or structures listed
in national or California registers of historic places.
AL. "Variance" means a grant of relief from the requirements of this chapter that
permits construction in a manner that would otherwise be prohibited bv this chapter.
AM. "Violation" means the failure of a structure or other development to be fullv
compliant with this chapter. A structure or other development without the elevation
certificate. other certifications. or other evidence of compliance required in this chapter is
presumed to be in violation until such time as that documentation is provided.
AN. "Watercourse" means a lake. river. creek. stream. wash. arrovo. channel or other
topographic feature on or over which waters flow at least periodicallv. Watercourse
includes specificallv designated areas in which substantial flood damage mav occur.
AO. "Zone" means an area delineated on the Flood Insurance Rate Maps and Flood
Hazard Boundary Maps with respect to its potential flood hazard. See "Special flood
hazard area."
14.18.110 Floodplain development - Permits reauired.
No erson includin ro ert owners contractors rivate en
erect construct enIar e or im rove an buildin or structure or be in develo ment withi
a SFHA includin the lacement of manufactured homes without first obtainin
buildin ermit land develo ment ermit or an other ermit re uired ursuant to CVMC
chapters 15.04 and 15.08 for each such action.
14.18.120 Application reauirements.
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A. Each application for a building permit. land development permit. or anv other
permit required pursuant to CVMC chapters 15.04 and 15.08 in a SFHA shall include:
1. N ecessarv plans and specifications for the proposed construction showing the
nature. location. dimensions. and elevation of the area in question: existing or proposed
structures. fill. storage of materials. drainage facilities:
2. Elevations (in relation to sea level) of the lowest floor (including basement) or
in the case of floodproofed nonresidential structures. the elevation to which it has been
floodproofed. Certification. submitted bv a licensed civil engineer. structural engineer. or
architect. that the plans and specifications for anv proposed building or structure complv
with the floodproofing requirements of the National Flood Insurance Program as revised:
3. Evidence that electrical. heating. ventilation. plumbing. and air-conditioning
equipment and other service facilities are designed and/or located so as to prevent water
from entering or accumulating within the components during conditions of flooding: and
4. Anv other information as reasonablv mav be required bv the building official
and the citv engineer.
B. In the coastal zone. development in SFHAs shall also be required to obtain a
coastal development permit consistent with the applicable provisions of the certified
Local Coastal Program.
14.18.130 Standards for buildine: construction in SFHA.
A. A Conditional Letter of Map Revision (CLOMR) shall be obtained prior to the
construction of a proposed flood control proiect based on design plans approved bv the
Citv. Construction ofthe proposed flood control proiect and land preparation as specified
in the start of construction definition will be allowed after the CLOMR is approved bv
FEMA.
B. All LOMRs for flood control proiects shall be approved bv FEMA prior to the
issuance of building permits. Building permits shall not be issued based on CLMORs.
C. The following requirements pertain to construction in areas that have not been
removed from the SFHA bv an approved LOMR:
1. All new construction and substantial improvements shall be adequatelv
anchored to prevent flotation. collapse or lateral movement of the structure resulting from
hvdrodvnamic and hvdrostatic loads. including the effects ofbuovancv:
2. All new construction and substantial improvements shall be constructed:
a. With flood resistant materials as specified in FEMA Technical Bulletin
TB 2-93. and utilitv equipment resistant to flood damage:
b. Using methods and practices that minimize flood damage:
c. With electrical. heating. ventilation. plumbing and air conditioning
equipment and other service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of
flooding: and
d. Within zones AH or AO. so that there are adequate drainage paths around
the structures on slopes to guide flood waters around and away from the structures.
3. All new construction and substantial improvements of structures with fullv
enclosed areas below the lowest floor (excluding basements) that are usable solelv for
parking of vehicles. building access or storage. and which are subiect to flooding. shall be
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designed to automaticallv equalize hvdrostatic flood forces on exterior walls bv allowing
for the entry and exit of floodwater. Designs for meeting this requirement must be
certified bv a registered civil or structural engineer or architect or must meet or exceed
the following minimum criteria:
a. For non-engineered openings:
i. Have a minimum of two openings on different sides having a total net
area of not less than one square inch for everv square foot of enclosed area subiect to
flooding:
ii. The bottom of all openings shall be no higher than one foot above
grade:
iii. Openings mav be equipped with screens. louvers. valves or other
coverings or devices provided that thev permit the automatic entry and exit of floodwater:
and
iv. Buildings with more than one enclosed area must have openings on
exterior walls for each area to allow flood water to directlv enter.
14.18.140 Standards for utilities.
A. The design of all new and replacement water supplv and sanitarv sewage svstems
shall be certified bv a registered professional in the respective field of expertise. All new
and replacement water supplv and sanitary sewage svstems shall be designed and
constructed to minimize or eliminate infiltration of flood waters into the svstems and
discharge from the svstems into floodwaters.
B. On-site waste disposal svstems shall be located to avoid impairment to them. or
contamination from them during flooding.
14.18.150 Standards for residential structures.
For all new construction and substantial improvements ofresidential structures. the
lowest floor elevation to include basement of new residential structures shall be elevate
to a minimum of one foot above the re ulato flood elevation' exce t that in zone AO the
lowest floor includin basement shall be as hi h as the de th number in feet above the
highest adiacent grade or two feet if no depth number is specified.
14.18.160 Standards for nonresidential structures.
A. All new construction and substantial improvements of nonresidential structures
shall meet the following standards:
I. The lowest floor elevation (to include basement) of nonresidential structures
shall 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 adiacent grade. or two feet if no depth
number is specified. In the alternative. attendant utilitv and sanitarv facilities shall be
completelv floodproofed to or above that level so that anv space below that level is
watertight with walls substantiallv impermeable to the passage of water and with
structural components having the capability of resisting hvdrostatic and hvdrodynamic
loads and effects of buovancv:
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2. Construction materials and utilitv equipment shall be resistant to floodwater
damage;
3. Construction methods and practices shall minimize flood damage; and
4. The design of all new construction and substantial improvements of
nonresidential structures shall be certified bv a registered professional engineer and
survevor and shall be designed or anchored to prevent the flotation. collapse or lateral
movement of the structure or portions of the structure due to flooding.
B. An nonresidential structure ro osed to be flood roofed in accordance with thi
cha ter shall be certified b a licensed civil en ineer structural en ineer or architect
subse uent to construction of the ro osed buildin or structure but rior to fmal a roval
for use or occu anc thereof and the elevation to which such flood roofin is effective
shall be specified.
14.18.170 Standards for l!:aral!:es and accessory structures.
A. Attached garages.
1. All garages attached to a residential structure and constructed with the garage
floor slab below the BFE shall be designed to allow for the automatic entry and exit of
floodwaters. Areas of the garage below the BFE shall be constructed with flood resistant
materials as specified in FEMA Technical Bulletin TB 2-93.
B. Detached garages and accessory structures.
I. Accessory structures used solelv for parking (2 car detached garages or
smaller) or limited storage (smalL low-cost sheds). mav be constructed such that its floor
is below the BFE. provided the structure meets the following standards:
a. The accessorv structure shall be used onlv for parking or limited storage;
b. The portions of the accessory structure located below the BFE shall be
built using flood-resistant materials;
c. The accessorv structure shall be adequatelv anchored to prevent flotation.
collapse and lateral movement;
d. Anv mechanical and utilitv equipment in the accessory structure shall be
elevated or floodproofed to or above the BFE;
e. The accessorv structure must complv with floodplain encroachment
provisions in section 14.18.210;
f. The accessory structure shall be designed to allow for the automatic entrv
and exit of floodwaters; and
g. The below-grade parking areas shall complv with the requirements m
FEMA Technical Bulletin TB-6.
14.18.180 Standards for recreational vehicles.
All recreational vehicles placed in Zones AI-3D. AH. and AE shall either:
A. Be on the site for fewer than 180 consecutive davs: or
B. Be fullv licensed and readv for highwav use. A recreational vehicle is readv for
highwav use if it is on its wheels or iacking svstem. is attached to the site onlv bv quick
disconnect type utilities and securitv devices. and has no permanentlv attached additions;
or
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C. Have a permit required in section 14.18.110 and meet the elevation and anchoring
requirements for manufactured homes in section 14.18.190.
14.18.190 Standards for manufactured homes.
A. All manufactured homes that are placed on or substantiallv improved within a
special flood hazard area and which are:
1. Outside of a manufactured home park or subdivision; or
2. In a new manufactured home park or subdivision; or
3. In an expansion to an existing manufactured home park or subdivision: or
4. In an existing manufactured home park or subdivision within which a
manufactured home has incurred "substantial damage" as the result of a flood shall be
certified bv a registered professional engineer and survevor and shall be elevated on a
permanent foundation such that the lowest floor of the manufactured home is at least one
foot above the base flood elevation and be securelv anchored to an adequatelv anchored
foundation svstem to resist flotation. collapse and lateral movement.
B. All manufactured homes to be placed or substantiallv improved on sites in an
existing manufactured home park or subdivision within a special flood hazard area and
not subiect to the provisions of subsection A of this section shall be certified bv a
registered professional engineer and survevor and shall be securelv fastened to an
adequatelv anchored foundation svstem to resist flotation. collapse. and lateral
movement. and shall be elevated so that either:
1. The lowest floor of the manufactured home is at least one foot above the base
flood elevation: or
2. The manufactured home chassis is supported bv reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36 inches in
height above grade.
14.18.200 Standards for repair. reconstruction or improvement of streets. utilities.
and pads in manufactured home parks.
The following standards applv within zones AI-30 for 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. All repair. reconstruction or improvement of the
streets. utilities and pads which equals or exceeds 50 percent of the value of the streets.
utilities and pads before the repair. reconstruction or improvement has commenced shall
complv with the following standards:
A. Stands or lots shall be 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:
B. Surface drainage and access for a hauler shall be adequate: and
C. In the instance of elevation on pilings. lots shall be large enough to permit steps.
piling foundations shall be placed in stable soil no more than 10 feet apart. and
reinforcement shall be provided for pilings more than six feet above the ground level.
14.18.210 Standards for floodwavs.
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Because floodwavs are an extremelv hazardous area due to the velocitv of
floodwaters that carry debris and potential proiectiles. and have erosion potential. the
following standards applv:
A. Until a regulatorv floodwav is adopted. no new construction. substantial
development. or other development (including fill) shall be permitted within Zones A1-
30 and AE. unless it is demonstrated that the cumulative effect of the proposed
development. when combined with all other development. will not increase the water
surface elevation of the base flood more than 1 foot at anv point within the Citv:
B. Within an adopted regulatory floodwav. encroachments. including fill. new
construction. substantial improvements. and other development are prohibited unless
certification bv a registered civil engineer is provided demonstrating that the proposed
encroachment shall not result in anv increase in flood levels during the occurrence of the
base flood discharge: and
C. All new construction. substantial improvement. and other proposed development
in a floodwav shall complv with all other applicable provisions of chapter 14.18.
14.18.220 Standards for subdivisions and larl!e developments.
A. All proposals for subdivisions and other new development incorporating more
than five acres or 50 lots. whichever is lesser. shall show on tentative parcel maps.
tentative subdivision maps or site plans. regulatory flood elevation data for anv included
area designated zone A. zone AI-3D or zone AO.
B. All preliminarv subdivision proposals shall identify the special flood hazard area
and the elevation of the base flood.
C. All subdivision plans shall provide the elevation of proposed structure(s) and
pad( s). If the site is filled above the base flood elevation. the lowest floor and pad
elevations shall be certified bv a registered professional engineer or survevor.
D. All subdivision proposals shall be consistent with the need to minimize flood
damage.
E. All subdivision proposals shall have public utilities and facilities such as sewer.
gas. electrical and water svstems located and constructed to minimize flood damage.
F. All subdivisions shall provide adequate drainage to reduce exposure to flood
hazards.
14.18.230 Duties of City Enl!ineer as floodolain administrator.
A. The Citv Engineer shall act as the Floodplain Administrator and shall administer.
implement. and enforce the standards and regulations of chapter 14.18 bv granting or
denving land development permits. or other permits in accordance with the terms of
chapter 14.18.
B. The duties and responsibilities of the Floodplain Administrator shall include. but
not be limited to. the following:
1. Prior to issuance. review all building permits. land development permits. or
anv other permits required pursuant to chapters 15.04 and 15.08 to assure that:
a. All proposed developments are consistent with the need to minimize flood
damage:
b. Adequate drainage is provided so as to reduce exposure to flood hazards:
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c. All public utilities and facilities are located so as to minimize or eliminate
flood damage:
d. The natural landscape of all designated floodwavs and maior watercourses
is substantially preserved:
e. 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-30 and zone AO:
f. Anv encroachments. including fill. new construction. substantial
improvements. and other developments within the designated regulatorv floodwavs that
would result in anv increase in flood levels during the occurrence of a 100-vear flood
discharge are prohibited: and
g. In the coastal zone. all subdivision and land development permit
applications comply with the provisions of the certified Local Coastal Program and the
standards of subsections a.) through f.) of this section.
2. Prior to issuance. review all land development permits. or other permits to
determine if the site of the proposed development is reasonablv safe from flooding. that
all applicable requirements of the National Flood Insurance Program have been met. and
that all necessarv permits have been obtained as required bv federal or state law. Anv
permits required bv federal or state law shall be obtained bv the applicant prior to
issuance of any permit bv the Citv.
3. Submit or assure that the permit applicant submits technical or scientific data
to FEMA for a LOMR. within 6 months of information becoming available or proiect
completion. whichever comes first. so that. upon confirmation of those physical changes
affecting flooding conditions. risk premium rates and floodplain management
requirements are based on current data.
4. Notify FEMA in writing whenever the City boundaries have been modified bv
annexation or other means and include a copv of a map of the community clearly
delineating the new City limits.
5. Make interpretations as to the exact location of the boundaries of the SFHAs
where there appears to be a conflict between a mapped boundary and actual field
conditions. The person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in section 14.18.290.
6. Take action to remedy violations of this ordinance.
7. Complete and submit Biennial Reports to FEMA.
8. 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.
14.18.240 Duties of the Buildine Official.
The duties and responsibilities of the Building Official shall include. but not be
limited to. obtaining. reviewing. and reasonably utilizing anv base flood elevation and
floodwav data available from a federal. state or other source. and assuring that all new
construction. substantial improvements. placement of manufactured homes and
prefabricated buildings. or other development in the SFHA meets all applicable standards
in this chapter.
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14.18.250 Duties of the Planning Director.
The duties and responsibilities of the Planning Director shall include. but not be
limited to. assuring that the General Plan is consistent with floodplain management
objectives in this chapter.
14.18.260 Alteration or relocation of watercourses.
The Floodplain Administrator shall review all plans for alteration or relocation of anv
watercourse within the Citv to assure that the flood-carrying capacitv of such watercourse
is maintained. Prior to anv alteration or relocation of a watercourse. or in riverine
situations. the Floodplain Administrator shall notify affected communities and the state
coordinating office of FEMA. The Floodplain Administrator shall submit copies of such
notifications to the administrator of the Federal Insurance Administration. The Floodplain
Administrator shall assure that. in the coastal zone. anv subdivision that involves the
alteration or relocation of a stream shall also conform to the applicable provisions of the
certified Local Coastal Program.
14.18.270 Floodplain variances.
A. The variance criteria set forth in this section are based on the eneral rinci Ie 0
zonin law that variances ertain to a iece of ro ert and are not ersonal in nature.
variance ma be ranted for a arcel of ro ert with h sical characteristics so unusual
that com I in with the re uirements of this cha ter would create an exce tional hardshi
to the a licant or the surroundin ro ert owners. Mere economic or financial hardshi
alone inconvenience aesthetic considerations or h sical handica s cannot as a rule
uali as exce tional hardshi s, The characteristics must be uni ue to the ro ert and no
be shared bad' acent arcels. The urn ue characteristic must ertain to the land itself no
to the structure. its inhabitants. or the propertv owners.
B. It is the dut of the Cit of Chula Vista to hel rotect its citizens from floodin .
This need is so com ellin and the im lications of the cost of insurin a structure bui!
below flood level are so serious that variances from the flood elevation or from othe
re uirements in this cha ter are uite rare. The Ion -term oal of reventin and reducin
flood loss and dama e can onl be met if variances are stricti limited, Therefore the
variance uidelines rovided in this cha ter are more detailed and contain multi I
rovisions that must be met before a variance can be ranted. The criteria are desi ned to
screen out those situations in which alternatives other than a variance are more appropriate.
1. A ro ert owner and/or develo er ma a I for a flood lain variance u 0
a ment of a fee as desi nated in the Master Fee Schedule. The Flood lain Administrato
shall review all a lications for variances. In evaluatin a lications for variances he shal
consider all technical evaluations all relevant factors standards s ecified in other section
of this chapter. and the:
a. Danger that materials mav be swept onto other lands to the 1ll1urv of
others;
b. Danger oflife and propertv due to flooding or erosion damage:
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c. Susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the existing individual owner and future owners of the
property;
d. Importance of the services provided by the proposed facility to the
community;
e. Necessity to the facility of a waterfront location. where applicable;
f. Availability of alternative locations for the proposed use which are not
subiect to flooding or erosion damage;
g. Compatibility of the proposed use with existing and anticipated
development;
h. Relationship of the proposed use to the comprehensiye plan and floodplain
management program for that area;
i. Safety of access to the property in time of flood for ordinarY and
emergency vehicles;
i. Expected heights. velocity. duration. rate ofrise. and sediment transport of
the flood waters expected at the proposed site; and
k. Costs of providing governmental services during and after flood
conditions. including maintenance and repair of public utilities and facilities such as
sewer. gas. electricaL and water system. and streets and bridges.
2. Variances may be issued for new construction. substantial improvement. and
other proposed new development to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed below the base
flood level. As the lot size increases beyond one-half acre. the technical justification
required for issuing the variance increases.
3. Variances may be issued for the repair or rehabilitation of historic resources as
defined in this chapter. upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as an historic resource and the
yariance is the minimum necessary to preserve the historic character and design of the
structure.
4. The Floodplain Administrator may attach such conditions to the granting of
variances as it deems necessarY to further the purposes of this chapter.
14.18.280 Findinl!s necessary for variances.
A. In antin a variance the Flood lain Administrator shall make the followin
findings:
I. That the proposed development is not located in any mapped regulatory
floodwav if anv increase in flood levels during the base flood discharge would result
2. That the yariance is the "minimum necessarv" considering the flood hazard. to
afford relief. "Minimum necessarv" means to afford relief with a minimum of deviation
from the requirements ofthis chapter;
3. That failure to grant the variance would result in exceptional hardship to the
applicant;
4. That granting of a yariance will not result in increased flood heights.
additional threats to public safety. extraordinarY public expense. conflict with existing
local laws or ordinances or create a nuisance; and
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5. That granting of a variance will not cause fraud or victimization. For example,
buildings that are permitted to be constructed below the base flood elevation are subiect
during their life (estimated at 50 to 100 vears) to increased risk of flood damage, while
future owners of the property and the community are subiect to the costs. inconvenience
and danger associated with the increased flooding potentiaL
B. The Floodplain Administrator shall include the following in a written notice for
any variance granted and shall record. or cause to be recorded. the notice in the Office of
the County Recorder so that the notice appears in the chain of title of the affected parcel
of land:
I. That the issuance of a variance to construct a structure below the base flood
level will result in increased premium rates for flood insurance UP to amounts as high as
$25.00 for every $100.00 of insurance coverage. and
2. That such construction below the base flood level increases risks to life and
property.
C. The Floodplain Administrator shall maintain a record of all variance actions.
including justification for the issuance of any variance. This record will be included in a
Biennial Report submitted to FEMA.
14.18.290 Appeals.
The Board of A eals and Advisors shall hear a eals from the decision of the
Flood lain Administrator re
Advisors is final.
14.18.300 Chapter supersedes any conflictine statutes.
A. This cha ter shall take recedence over conflictin ordinances or arts 0
ordinances with res ect to flood lain administration. The Cit Council ma from time to
time amend the ordinance codified in this cha ter to reflect an and all chan es in the
National Flood Insurance Program Regulations.
B. In the coastal zone where conflicts arise between this cha ter and the certifie
Local Coastal Program. the latter shall prevail.
Presented by:
Approved as to form by:
Jack Griffin
Director of Engineering and
General Services
Ann Moore
City Attorney
H:\ENGINEER\Ordlnances\0rd2007\12-04-07\Floodplain Ordinance replacing 18.59 ,:~418 ec-strikeout.doc
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 14.04
WHEREAS, on August 18,2006 a Community Assistance visit was conducted by
a representative of the California Department of Water Resources (DWR) on behalf of
the Federal Emergency Management Agency (FEMA) for the City of Chula Vista; and
WHEREAS, as a result of that meeting and the review process, staff determined
that the City's existing floodplain ordinance, which was codified in Chula Vista
Municipal Code chapter 18.54, needed to be revised to comply with the latest revisions to
the FEMA Model Ordinance; and
WHEREAS, staff submitted its recommended reVlSlons to the floodplain
ordinance to DWR; and
WHEREAS, staff received a letter from the DWR dated September 5, 2007,
stating that, after adoption of the proposed ordinance, the City will be in full compliance
with the National Flood Insurance Program; and
WHEREAS, the proposed revisions to the floodplain ordinance necessitate a
revision to Chula Vista Municipal Code chapter 14.04.
NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows:
That Chula Vista Municipal Code Chapter 14.04 be amended as follows:
14.04.010 Purpose and intent of provisions - More stringent
regulations to control.
It is the purpose of the city council in establishing the regulations
codified in this title to protect persons and property against water damage
and flood hazards as specified in chapter 14.18. It is the intent of the
council to afford greater protection for said persons and property from
damage resulting from the obstruction or diversion of drainage ways and
watercourses. This title is also intended to protect persons and property
from damage resulting from the construction of inadequate or improper
facilities for the conveyance of surface runoff and storm waters to the
city's receiving waters.
It is the further purpose of the city council in establishing the
regulations codified in this title to protect and promote the health, safety,
and general welfare of the citizens of the city by prohibiting and
preventing the discharge of non-storm water to the storm water
conveyance system and by reducing pollutants in storm water discharges
to the maximum extent practicable in order to achieve applicable water
quality objectives for surface waters in San Diego County. It is the intent
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Ordinance No.
Page 2
of the council to protect and enhance the water quality of our
watercourses, water bodies, and wetlands in a manner pursuant to and
consistent with state and federal law.
In case of conflict between the regulations imposed by this title and any
other provision of law or of this code, the more stringent regulation shall
apply.
Effective Date
This ordinance shall become effective thirty days after final passage.
Presented by
Approved as to form by
Jack Griffin
Director of Engineering and General Services
c-IJL,^ ~~ Ir--
Ann Moore
City Attorney
H:\ENGINEER\Qrdinances\Qrd2007\12-04-07\Ordinancc amending Chapter 14.04 c~a~!)~1inc ec.doc
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 14.04
WHEREAS, on August 18, 2006 a Community Assistance visit was conducted by
a representative of the California Department of Water Resources (DWR) on behalf of
the Federal Emergency Management Agency (FEMA) for the City of Chula Vista; and
WHEREAS, as a result of that meeting and the review process, staff determined
that the City's existing floodplain ordinance, which was codified in Chula Vista
Municipal Code chapter 18.54, needed to be revised to comply with the latest revisions to
the FEMA Model Ordinance; and
WHEREAS, staff submitted its recommended reVlSlons to the floodplain
ordinance to DWR; and
WHEREAS, staff received a letter from the DWR dated September 5, 2007,
stating that, after adoption of the proposed ordinance, the City will be in full compliance
with the National Flood Insurance Program; and
WHEREAS, the proposed revisions to the floodplain ordinance necessitate a
revision to Chula Vista Municipal Code chapter 14.04.
NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows:
That Chula Vista Municipal Code Chapter 14.04 be amended as follows:
14.04.010 Purpose and intent of provisions - More stringent
regulations to control.
It is the purpose of the city council in establishing the regulations
codified in this title to protect persons and property against water damage
and flood hazards as specified in chapter 14.18. by oogmeIltillg the
regulatiells illlfJesed by Chapter 19.50 CVMC, establishing fleed plaill
zenfllg 6000015. It is the intent of the council to afford greater protection
for said persons and property from damage resulting from the obstruction
or diversion of drainage ways and watercourses. This title is also intended
to protect persons and property from damage resulting from the
construction of inadequate or improper facilities for the conveyance of
surface runoff and storm waters to the city's receiving waters.
It is the further purpose of the city council in establishing the
regulations codified in this title to protect and promote the health, safety,
and general welfare of the citizens of the city by prohibiting and
preventing the discharge of non-storm water to the storm water
conveyance system and by reducing pollutants in storm water discharges
to the maximum extent practicable in order to achieve applicable water
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. 9-54
Ordinance No.
Page 2
quality objectives for surface waters in San Diego County. It is the intent
of the council to protect and enhance the water quality of our
watercourses, water bodies, and wetlands in a manner pursuant to and
consistent with state and federal law .
In case of conflict between the regulations imposed by this title and any
other provision of law or of this code, the more stringent regulation shall
apply.
Effective Date
This ordinance shall become effective thirty days after final passage.
Presented by
Approved as to form by
Jack Griffm
Director of Engineering and General Services
Ann Moore
City Attorney
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. 9-55