HomeMy WebLinkAboutMC-1062
Adopted: November 15, 1999
Effective: December 16, 1999
1 ORDINANCE NO. MC-l062
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
3 CHAPTER 19.16, SECTION 19.16.020, SECTION 19.16.030(2), AND SECTION
19.16.090(I)(J&K) OF THE SAN BERNARDINO MUNICIPAL CODE
4, (DEVELOPMENT CODE) TO UPDATE THE FLOODPLAIN OVERLAY DISTRICT
TO MEET CURRENT NATIONAL FLOOD INSURANCE PROGRAM STANDARDS.
5
6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
7
8
SECTION 1. Section 19.16.020, Definitions, of the Municipal Code (Development
9 Code) is amended to include definitions for "Basement", "Encroachment", "Hardship", "Start
10 of construction", "Substantial damage", "Water surface elevation" and "Watercourse". (See
11 Attachment A, attached hereto and incorporated herein by reference.)
12
13
SECTION 2. Pages 11-223 and 11-224, Section 19.16.030(2), General Provisions, is
14
amended as follows:
15 "2.
16
17
18
19
20
21
22
23
24
The areas of special flood hazard, areas of flood-related erosion hazards and areas of mud
slide (i.e. mud flow) hazards identified by the Federal Insurance Administration of the
Federal Emergency Management Agency in the Flood Insurance Study dated March,
1996, and accompanying Flood Insurance Rate Maps, and all subsequent amendments
and/or revisions, are hereby adopted by reference and declared to be a part of this chapter.
This Flood Insurance Study is the minimum area of applicability of this chapter and may
be supplemented by studies for other areas which allow implementation of this chapter and
which are recommended to the Council by the City Engineer."
(See Attachment B, Pages 11-223 and 11-224 of the Development Code, attached hereto and
25
26 incorporated herein by reference.)
27 /11/
28 /11/
I
MC-l062
Page II-232, Section 19.16.090(l)(J&K), Appeals and Variances, IS
increased premium rates for flood insurance up to amounts as high as $25 for $100 of
insurance coverage, and 2) such construction below base flood level increases risks to life
and property, A copy of the notice shall be recorded by the City Engineer in the office
of the San Bernardino County Recorder and shall be recorded in a manner so that it
appears in the chain of title of the affected parcel of land."
The City Engineer shall maintain the records of 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" .
(See Attachment C, Page II-232 of the Development Code, attached hereto and incorporated
2
.
-MC-l062
1 AN ORDINANCE . . . AMENDING CHAPTER 19.16, SECTION 19.16.020,
SECTION 19.16.030(2), AND SECTION 19. 16.090(1)(J&K) OF THE SAN
2 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO UPDATE THE
3 FLOODPLAIN OVERLAY DISTRICT TO MEET CURRENT NATIONAL FLOOD
INSURANCE PROGRAM STANDARDS.
4
5
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a ioint rel>:ular meeting thereof, held on
7
8
9
the 15th day of
November
, 1999, by the following vote to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
10
11
12 MCGINNIS
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
x
LIEN
x
x
SCHNETZ
Vacant (Ward 5)
x
ANDERSON
x
MILLER
~_ b. CY--'J~
City lerk
The foregoing ordinance is hereby appro d this l~th day of November
1999.
rTH V ALLES, Mayor
of San Bernardino
Approved as to form
and legal content:
JAMES F, PENMAN
:F t p~
3
MC-l062
ATTACHMENT "A"
19.16.020 DEFINITIONS - Add the following definitions to section 19.16.020
Basement - Any area of the building having its floor subgrade - i.e., below ground level - on all
sides.
Encroachment - The advance or infringement of uses, plant growth, fill, excavation, buildings,
permanent structures or development into a floodplain which may impede or alter the flow
capacity of a floodplain.
Hardship - The exceptional hardship that would result from a failure to grant a requested
variance. The variance must 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.
Start of construction - The date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement
was within 180 days from the date of the permit. 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 manufacture home on a foundation. Permanent construction does not include
land preparation, such as clearing, grading, and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for a basement, footings, piers, or
foundations or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or not
part of the main structure. Fora substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not
that alteration affects the external dimensions of the building.
Substantial damage - Damage of any origin 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.
Water surface elevation - The height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, (or other datum, where specified) of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
Watercourse - 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.
MC-l062
ATTACHMENT "B"
FP DISTRICT -19,16
Remedv a violation. To bring the structure or other development into compliance with State or
local floodplain management regulations, or, if this is not possible, to reduce the impacts of its
noncompliance. Ways that impacts may be reduced include protecting the structure or other
affected development from flood damages, implementing the enforcement provisions of this
Development Code or otherwise deterring future similar violations, or reducing Federal [mancial
exposure with regard to the structure or other development.
Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook,
etc.
Soocial flood hazard area (SFHA). An area having special flood or flood-related erosion
hazards, and shown on an FHBM or FIRM as Zone A, AO, AI-3D, AE, A99, AH, CO, Cl-
V30, VE, or V.
Substantial imnrovement. Any repair, reconstruction, or improvement of a structure, the cost
of which equals or exceeds 50% of the market value of the structure either:
A. before the improvement or repair is started; or
B. if the structure has been damaged, and is being restored, before the danlage
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 affects the external dimensions of the structure. The term does not,
however, include either:
A. any project for improvement of a structure to comply with existing state or local
health, sanitary, or safety code specifications which are solely necessary to assure
safe living conditions; or
B. any alteration of a structure listed on the National Register of Historic Places or a
State Inventory of Historic Places.
Violation. The failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. 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.
19.16.030 GENERAL PROVISIONS
1. This chapter shall apply to all areas of special flood hazards, areas of flood-related
erosion hazards and areas of mud slide (i.e. mud flow) hazards within the jurisdiction of
the City.
2. The areas of special flood hazard, areas of flood-related erosion hazards and areas of mud
slide (i.e. mud flow) hazards identifIed by the Federal Insurance Administration of the
11-223
5/91
MC-1062
FP DISTRICT - 19.16
Federal Emergency Management Agency in the Flood Insurance Study dated March, 1996,
and accompanying Flood Insurance Rate Maps, and all subsequent amendments and/or
revisions, are hereby adopted by reference and declared to be a part of this chapter. This
Flood Insurance Study is the minimum area of applicability of this chapter and may be
supplemented by studies for other areas which allow implementation of this chapter and
which are recommended to the Council by the City Engineer.
3. No structure or land shall hereafter be constructed, located, extended, converted, or
altered without full compliance with the terms of this chapter and other applicable
regulations. Violations of the provisions of this chapter by failure to comply with any of
its requirements (including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent
the City from taking such lawful action as is necessary to prevent or remedy any
violation.
4. This chapter is not intended to repeal, abrogate, or impair any eXlstmg easements,
covenants, or deed restrictions. However, where this chapter and any other code,
ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes
the more restrictive restrictions shall prevail.
5. In the interpretation and application of this chapter, 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.
6. 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 man-
made or natural causes. This chapter does not imply that land outside the areas of special
flood hazards, areas of flood-related erosion hazards and areas of mud slide (i.e.
mud flow) hazards or uses permitted within such areas will be free from flooding or flood
damages. This chapter shall not create liability on the part of the City, any officer or
employee thereof, or the Federal Insurance Administration, for any flood damages that
result from reliance on this chapter or any administrative decision lawfully made
thereunder.
19.16.040 ADMINISTRATION
1. A Flood Control Development Permit shall be obtained before construction or
development begins within any area of special flood hazards, areas of flood-related
erosion hazards or areas of mud slide (Le., mud flow) established in Section
19.16.030(2). An application for a Flood Control Development Permit shall be made on
forms furnished by the City Engineer and may include, but not be limited to: plans in
duplicate drawn to scale showing the nature, location, dimensions, and elevation of the
area in question; existing or proposed structures, fIll, storage of materials, drainage
11-224
5/91
MC-1062
.
ATIACHMENT "c"
FP DISTRICT -19.16
E. Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
F. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
G. Flood control variances shall only be issued if:
1. there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the property,
which do not apply generally to other property in the same flood zone;
2. a determination that failure to grant the variance would result in
exceptional hardship to the applicant;
3. a determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization of, the public,
or conflict with the Municipal Code.
H. Variances may be issued for new construction and substantial improvements and
for other development necessary for the conduct of a functionally dependent use
provided that the provisions of Sections 19.16.050 through 19.16.080 are satisfied
and that the structure or other development is protected by methods that minimize
flood damages during the base flood and create no additional threats to public
safety .
I. Upon consideration of the factors in this Section and the purposes of this Chapter,
the Conunission may impose conditions to the granting of flood control variances
as it deems necessary to further the purposes of this Chapter.
J. Any applicant to whom a variance is granted shall be given written notice that
I. 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 $100 of insurance coverage, and
2. such construction below base flood level increases risks to life and
property. A copy of the notice shall be recorded by the City Engineer in
the office of the San Bemardino County Recorder and shall be recorded
in a manner so that it appears in the chain of title of the affected parcel of
land.
K. The City Engineer shall maintain the records of. 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
11-232
5/91