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ORDINANCE NO.
Me 626
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
15.72 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FLOOD
CONTROL MEASURES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 15.72 of the San Bernardino Municipal
Code is amended to read as follows:
Chapter 15.72
FLOOD CONTROL MEASURES
15.72.010 Authorization.
The ordinance codified in this chapter is adopted pursuant
to the provisions of Article XI Section 7 of the Constitution of
the state. (Ord. 3763 Sec. 1,1978.0)
15.72.020 Findings of fact.
A. The flood hazard areas of the City of San Bernardino
are subject to periodic inundation which results in loss of life
and property, health and safety hazard 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.
B.
These flood losses are caused by the cumulative
effect of obstructions in areas of special flood hazards which
increase flood heights and velocities, and when inadequately
flood-proofed, elevated or otherwise protected from
flood damage also contribute to the flood loss.
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15.72.030 Statement of purpose.
A. To protect human life and health;
B. To minimize expenditure of public money for
costly flood control projects;
C. To minimize the need for rescue and relief efforts
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6 associated with flooding and generally undertaken
7 at the expense of the general public;
8 D. To minimize prolonged business interruption.
9 E. To minimize damage to public facilities and
10 utilities such as water and gas mains, electric, telephone and
11 sewer lines, streets and bridges located in areas of special
12 flood hazard;
13 F. To help maintain a stable tax base by providing
14 for the second use and development of area of special flood
15 hazard so as to minimize future flood blight areas;
16 G. To insure that potential buyers are notified
17 that property is in an area of special flood hazard; and
18 H. To insure that those who occupy the areas
19 of special flood hazard assume responsibility for their actions.
20 15.72.040 Method of reducing flood losses.
21 In order to accomplish its purposes, this chapter
22 includes methods and provisions for:
23 A. Restricting or prohibiting uses which are dangerous to
24 health, safety, and property due to water or erosion hazards, or
25 IIIIII IIIII IIIII
26 IIIII IIIII
27 IIIII IIIII
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which result in damaging increases in erosion or flood heights or
velocities;
B. Requiring that uses vulnerable to floods,including
facilities which serve such uses, be protected against flood
damage at the time of initial construction;
C. Controlling the alteration of natural floodplains,
stream channels, and natural protective barriers, which help
accommodate or channel flood waters;
D. Controlling filling, grading, dredging, and other
development which may increase flood damage; and,
E. Preventing or regulating the construction of flood
barriers which will unnaturally divert flood waters or which may
increase flood hazards in other areas.
15.72.050 Definitions.
Unless specifically defined below, words or phrases used in
this ordinance shall be interpreted so as to give them the
meaning they have in common usage and to give this ordinance its
most reasonable application.
A) "Appeal" means a request for a review of the City
Engineer's interpretation of any provision of this ordinance.
B) "Area of shallow floodinq" means a designated AO, AH or
VO Zone on the flood Insurance Rate Map (FIRM). The base flood
depths range from one to three feet; a clearly defined channel
does not exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident.
C) "Area of special flood-related erosion hazard" is the
area subject to severe flood-related erosion losses. The area
is designated as Zone E on the Flood Insurance Rate Map (FIRM).
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1 D) "Area of special flood hazard" - See "Special flood
2 hazard area.".
3 E) "Area of special mud slide (i.e. mud flow hazard") in
4 the area subject to severe mud slides (i.e. mud flows). The area
5 is designated as Zone M on the Flood Insurance Rate Map (Firm).
6 F) "Base Flood" means the flood having a one percent
7 chance of being equalled or exceeded in any given year (also
8 called the "lOO-year flood").
9 G) "Basement" means any area of the building having its
10 floor sub-grade (below ground level) on all sides.
11 H) "Development" means any man-made change to improved or
12 unimproved real estate, including but not limited to buildings or
13 other structures, mining, dredging, filling, grading, paving,
14 excavation or drilling operations.
15 I) "Flood or flooding" means a general and temporary
16 condition of partial or complete inundation of normally dry land
17 areas from (1) the overflow of flood waters, (2) the unusual and
18 rapid accumulation or run-off of surface waters from any source,
19 and/or (3) the collapse or subsidence of land along the shore of
20 a lake or other body of water as a result of erosion or
21 undermining caused by waves or currents of water exceeding
22 anticipated cyclical levels or suddenly caused by an unusually
23 high water level in a natural body of water, accompanied by a
24 severe storm, or by an unanticipated force of nature, such as
25 flash flood or an abnormal tidal surge, or by some similarly
26 unusual and unforeseeable event which results in flooding as
27 defined in this definition.
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1 J) "Flood Boundarv and Floodwav Map" means the official
2 map on which at the Federal Emergency Management Agency or
3 Federal Insurance Administration has delineated both the areas of
4 flood hazard and the floodway.
5 K) "Flood Insurance Rate Map (Firm)" means the official
6 map on which the Federal Emergency Management Agency of Federal
7 Insurance Administration has delineated both the areas of special
8 flood hazards and the risk premium zones applicable to the
9 community.
10 L) "Flood Insurance Studv" means the official report
11 provided by the Federal Insurance Administration that includes
12 flood profiles, the FIRM, the Flood Boundary and Floodway Map,
13 and the water surface elevation of the base flood.
14 M) "Floodplain or flood-prone area" means any land area
15 susceptible to being inundated by water from any source (see
16 definition of "flooding").
17 N) "Floodplain manaqement" means the operation of an
18 overall program of corrective and preventive measures for
19 reducing flood damage, including but not limited to emergency
20 preparedness plans, flood control works and floodplain management
21 regulations.
22 0) "Floodplain management requlations" means zoning
23 ordinances, subdivision regulations, building codes, health
24 regulations, special purpose ordinances (such as floodplain
25 ordinance, grading ordinance and erosion control ordinance) and
26 other applications of police power. The term describes such
27 state or local regulations in any combination thereof, which
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1 provide standards for the purpose of flood damage prevention and
2 reduction.
3 p) "Floodproofina" means any combination of structural and
4 nonstructural additions, changes, or adjustments to structures
5 which reduce or eliminate flood damage to real estate or
6 improved real property, water and sanitary facilities, structures
7 and their contents.
8 Q) "Floodwav" means the channel of a river or other
9 watercourse and the adjacent land areas that must be reserved in
10 order to discharge the base flood without cumulatively increasing
11 the water surface elevation more than one foot. Also referred to
12 as "Regulatory floodway".
13 R) "Functional Iv dependent use" means a use which cannot
14 perform its intended purpose unless it is located or carried out
15 in close proximity to water. The term includes only docking
16 facilities, port facilities that are necessary for the loading
17 and unloading of cargo or passengers, and ship building and ship
18 repair facilities, but does not include long-term storage or
19 related manufacturing facilities.
20 s) "Hiahest adiacent arade" means the highest natural
21 elevation of the ground surface prior to construction next to the
22 proposed walls of a structure.
23 T) "Lowest floor" means the lowest floor of the lowest
24 enclosed area (including basement). An unfinished or flood
25 resistant enclosure, usable solely for parking of vehicles,
26 building access or storage in an area other than a basement area
27 is not considered a building's lowest floor; provided, that such
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enclosure is not built so as to render the structure in violation
of the applicable non-elevation design requirements of this
ordinance.
U) Manufactured home" means a structure, transportable in
one or more sections, which is built on a permanent chassis and
is designed for use with or without a permanent foundation when
connected to the required utilities. For floodplain 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.
V) "Manufactured home park or subdivision" means a parcel
(or contiguous parcels) of land divided into two or more
manufactured home lots for sale or rent.
W) "Mean sea level" means, for purposes of the National
Flood Insurance Program, the National Geodetic Vertical Datum
(NGVD) of 1929 or other datum, to which base flood elevations
shown on a community's Flood Insurance Rate Map are referenced.
X) "New construction" means, for floodplain management
purposes, structures for which the "start of construction"
commenced on or after the effective date of a floodplain
management regulation adopted by the City of San Bernardino
hereby set at October 5, 1978.
y) "One hundred year flood" or "lOO-vear flood" means a
flood which has a one percent annual probability of being
equalled or exceeded. It is identical to the "base flood", which
will be the term used throughout this chapter.
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1 z) "Person" means an individual or his agent, firm,
2 partnership, association or corporation, or agent of the
3 aforementioned groups, or this state or its agencies or political
4 subdivisions.
5 aa) "Remedv a violation" means to bring the structure or
6 other development into compliance with State or local floodplain
7 management regulations, or, if this is not possible, to reduce
8 the impacts of its noncompliance. Ways that impacts may be
9 reduced include protecting the structure or other affected
10 development from flood damages, implementing the enforcement
11 provisions of the ordinance or otherwise deterring future similar
12 violations, or reducing Federal financial exposure with regard to
13 the structure or other development.
14 bb) "Riverine" means relating to, formed by, or resembling
15 a river (including tributaries), stream, brook, etc.
16 cc) "Sand dunes" mean naturally occurring accumulations of
17 sand in ridges or mounds landward of the beach.
18 dd) "Special flood hazard area (SFHA)" means an area
19 having special flood or flood-related erosion hazards, and shown
20 on an FHBM or FIRM as Zone A, AO, Al-30, AE, A99, AH, va, VI-V30,
21 VE OR V.
22 eel "Start of Construction" includes substantial
23 improvement, and means the date the building permit was issued,
24 provided the actual start of construction, repair,
25 reconstruction, placement, or other improvement was within 180
26 days of the permit date. The actual start means either the first
27 placement of permanent construction of a structure on a site,
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1 such as the pouring of slab or footings, the installation of
2 piles, the construction or columns, or any work beyond the stage
3 of excavation; or the placement of a manufactured home on a
4 foundation. Permanent construction does not include land
5 preparation, such as clearing, grading and filling; nor does it
6 include the installation of streets and/or walkways; nor does it
7 include excavation for a basement, footings, piers, or
8 foundations or the erection of temporary forms; nor does it
9 include the installation on the property of accessory buildings,
10 such as garages or sheds not occupied as dwelling units or not
11 part of the main structure.
12 ff) "Structure" means a walled and roofed building,
13 including a gas or liquid storage tank, that is principally above
14 ground, as well as a manufactured home.
15 gg) "Substantial improvement" means any repair,
16 reconstruction, or improvement of a structure, the cost of which
17 equals or exceeds 50 percent of the market value of the structure
18 either:
19 (1) before the improvement or repair is started; or
20 (2) if the structure has been damaged, and is being
21 restored, before the damage occurred. For the purposes
22 of this definition "substantial improvement" is considered to
23 occur when the first alteration of any wall, ceiling, floor, or
24 other structural part of the building commences, whether or not
25 that alteration affects the external dimensions of the structure.
26 The term does not, however, include either:
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1 (A) any project for improvement of a structure to
2 comply with existing state or local health, sanitary, or safety
3 code specifications which are solely necessary to assure safe
4 living conditions: or
5 (B) any alteration of a structure listed on the
6 National Register of Historic Places or a State Inventory of
7 Historic Places.
8 hh) "Variance" means a grant of relief from the
9 requirements of the ordinance which permits construction in a
10 manner that would otherwise be prohibited by this ordinance.
11 ii) "Violation" means the failure of a structure or other
12 development to be fully compliant with the community's floodplain
13 management regulations. A structure or other development without
14 the elevation certificate, other certifications, or other
15 evidence of compliance required in this ordinance is presumed to
16 be in violation until such time as that documentation is
17 provided.
18 15.72.060. General provisions.
19 A. Lands to which this ordinance applies. This ordinance
20 shall apply to all areas of special flood hazards, areas of
21 flood-related erosion hazards and areas of mud slide (i.e., mud
22 flow) hazards within the jurisdiction of the City of San
23 Bernardino.
24 B. Basis for establishing the areas of special flood
25 hazard. The areas of special flood hazard, areas of flood-
26 related erosion hazards and areas of mud slide (i.e., mud flow)
27 hazards identified by the Federal Emergency Management Agency or
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1 the Federal Insurance Administration in a scientific and
2 engineering report entitled "Flood Insurance Study for City of
3 San Bernardino dated January 1979, with an accompanying Flood
4 Insurance Rate Map is hereby adopted by reference and declared to
5 be a part of this chapter. This Flood Insurance Study is the
6 minimum area of applicability of this chapter and may be
7 supplemented by studies for other areas which allow
8 implementation of this chapter and which are recommended to the
9 Mayor and Common Council by the City Engineer.
10 C. Compliance. No structure or land shall hereafter be
11 constructed, located, extended, converted, or altered without
12 full compliance with the terms of this chapter and other
13 applicable regulations. Violations of the provisions of this
14 chapter by failure to comply with any of its requirements
15 (including violations of conditions and safeguards established in
16 connection with conditions) shall constitute a misdemeanor.
17 Nothing herein shall prevent the City of San Bernardino from
18 taking such lawful action as is necessary to prevent or remedy
19 any violation.
20 D. Abrogation and greater restrictions. This chapter is
21 not intended to repeal, abrogate, or impair any existing
22 easements, covenants, or deed restrictions. However, where this
23 ordinance and another ordinance, easement, covenant, or deed
24 restriction conflict or overlap, whichever imposes the more
25 stringent restrictions shall prevail.
26 E. Interpretation. In the interpretation and application
27 of this chapter, all provisions shall be:
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1 1. Considered as minimum requirements:
2 2. Liberally construed in favor of the governing
3 body: and,
4 3. Deemed neither to limit nor repeal any other
5 powers granted under state statutes.
6 F. Warning and disclaimer of liability. The degree of
7 flood protection required by this chapter is considered
8 reasonable for regulatory purposes and is based on scientific and
9 engineering considerations. Larger floods can and will occur on
10 rare occasions. Flood heights may be increased by man-made or
11 natural causes. This chapter does not imply that land outside
12 the areas of special flood hazards, areas of flood-related
13 erosion hazards and areas of mud slide (i.e., mud flow) hazards
14 or uses permitted within such areas will be free from flooding or
15 flood damages. This chapter shall not create liability on the
16 part of the City of San Bernardino, any officer or employee
17 thereof, or the Federal Insurance Administration, for any flood
18 damages that result from reliance on this chapter or any
19 administrative decision lawfully made thereunder.
20 G. Severability. This chapter and the various parts
21 thereof are hereby declared to be severable. Should any section
22 of this chapter be declared by the courts to be unconstitutional
23 or invalid, such decision shall not affect the validity of the
24 chapter as a whole, or any portion thereof other than the section
25 so declared to be unconstitutional or invalid.
26 15.72.070 Administration.
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1 A. Establishment of development permit. A Development
2 Permit shall be obtained before construction or development
3 begins within any area of special flood hazards, areas of flood-
4 related erosion hazards or areas of mud slide (i.e., mud flowl
5 established in Section 15.72.060(Bl. Application for a
6 Development Permit shall be made on forms furnished by the City
7 Engineer and may include, but not be limited to: plans in
8 duplicate drawn to scale showing the nature, location,
9 dimensions, and elevation of the area in question; existing or
10 proposed structures, fill, storage of materials, drainage
11 facilities; and the location of the foregoing. Specifically, the
12 following information is required:
13 1. Proposed elevation in relation to mean sea level,
14 of the lowest floor (including basementlof all structures; in
15 Zone AO or VO, elevation of highest adjacent grade and proposed
16 elevation of lowest floor of all structures.
17 2. Proposed elevation in relation to mean sea level
18 to which any structure will be floodproofed;
19 3. All appropriate certifications listed in Section
20 15.72.070(cl(4lof this chapter; and
21 4. Description of the extent to which any
22 watercourse will be altered or relocated as a result of proposed
23 development.
24 B. The City Engineer is hereby appointed to administer and
25 implement this chapter by granting or denying development permits
26 in accordance with its provisions.
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C. Duties and responsibilities of the City Engineer. The
duties and responsibilities of the City Engineer shall include,
but not be limited to:
1. Permit review
a. Review all developments permits to
determine that the permit requirements of this chapter have been
satisfied,
b. All other required state and federal
permits have been obtained,
c. The site is reasonably safe from flooding,
d. The proposed development does not adversely
affect the carrying capacity of areas where base flood elevations
have been determined but the floodway has not been designated.
For purposes of this chapter, "adversely affects" means that the
cumulative effect of the proposed development when combined with
all other existing and anticipated development will not increase
the water surface elevation of the base flood more than one foot
at any point.
2. Use of Other Base Flood Data. When base flood
elevation data has not been provided in accordance with Section
l5.72.060(B), the City Engineer shall obtain, review, and
reasonably utilize any base flood elevation and floodway data
available from a Federal, State or other source, in order to
administer Section 15.72.080. Any such information shall be
submitted to the Mayor and Common Council for adoption.
3. Whenever a watercourse is to be altered or
relocated:
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a. Notify adjacent communities and the
California Department of Water Resources prior to such alteration
or relocation of a watercourse, and submit evidence of such
notification to the Federal Insurance Administration;
b. Require that the flood carrying capacity of
the altered or relocated portion of said watercourse is
maintained.
4. Obtain and maintain for public inspection and
make available as needed:
a. the certification required in Section
15.72.080(A)(3)(a) (floor elevations);
b. the certification required in Section
15.72.080(A)(3)(b) (elevations in areas of shallow flooding);
c. the certification required in Section
15.72.040(A) (3) (c) (3) (elevation of floodproofing of
nonresidential structures);
d. the certification required in Section
15.72.080(A) (3) (d) (1) or 15.72.080(A) (3) (d) (2)
(wet floodproofing standard);
e. the certified elevation required in Section
15.72.080(c) (subdivision standard);
f. the certification required in Section
15.72.090 (A) (floodway encroachments);
g. the reports required in Section
15.72.100(D) (mudflow standards).
5. Make interpretations where needed, as to the
exact location of the boundaries of the areas of special flood
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hazards, areas of flood-related erosion hazards or areas of mud
slide (i.e., mud flow) (for example, 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 15.72.120.
6. Take action to remedy violations of this
ordinance as specified in Section 15.72.060(C) herein.
15.72.080 provisions for flood hazard reduction.
A. Standards of construction. In all areas of special
flood hazards the following standards are required:
1. Anchoring
a. all new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy.
b. all manufactured homes shall meet the anchoring
standards of Section 15.72.080(D).
2. Construction Materials and Methods
a. all new construction and substantial improvements
shall be constructed with materials and utility equipment
resistant to flood damage.
b. all new construction and substantial improvements
shall be constructed using methods and practices that minimize
flood damage.
c. all new construction and substantial improvements
shall be constructed with electrical, heating, ventilation,
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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.
d. Require within Zones AH, AO or VO, adequate
drainage paths around structures on slopes to guide flood waters
around and away from proposed structures.
3. Elevation and Floodproofing
a. new construction and substantial improvement of
structure shall have the lowest floor, including basement,
elevated to or above the base flood elevation. Nonresidential
structures may meet the standards in Section 15.72.080(A)(3) (c).
Upon the completion of the structure the elevation of the lowest
floor including basement shall be certified by a registered
professional engineer to be properly elevated. Such
certification or verification shall be provided to the City
Engineer.
b. new construction and substantial improvement of
any structure in Zone AH, AO or VO shall have the lowest floor,
including basement, elevated above the highest adjacent grade at
least as high as the depth number specified in feet on the FIRM,
or at least two feet if no depth number is specified.
Nonresidential structures may meet the standards in Section
15.72.080(A) (3) (c). Upon the completion of the structure the
elevation of the lowest floor including basement shall be
certified by a registered professional engineer, or verified by
the building inspector to be properly elevated. Such
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certification or verification shall be provided to the City
Engineer.
c. nonresidential construction shall either be
elevated in conformance with Section 15.72.080(A) (3) (a) or (b) or
together with attendant utility and sanitary facilities:
1. be floodproofed so that below the base
flood level the structure is watertight with walls substantially
impermeable to the passage of water;
2. have structural components capable of
resisting hydrostatic and hydrodynamic loads and effects of
buoyancy; and
3. be certified by a registered professional
engineer or architect that the standards of this subsection are
satisfied. Such certifications shall be provided to the City
Engineer.
d. Require, for all new construction and substantial
improvements, that 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 flood waters. Designs for meeting this
requirement must either be certified by a registered professional
engineer or architect or meet or exceed the following minimum
criteria:
1. either a minimum of two openings having 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
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1 grade. Openings may be equipped with screens, louvers, valves or
2 other coverings or devices provided that they permit the
3 automatic entry and exit of flood waters; or
4 2. be certified to comply with a local
5 floodproofing standard approved by the Federal Insurance
6 Administration.
7 e. Manufactured homes shall also meet the standards
8 in Section 15.72.080(Dl.
9 B. Standards for utilities.
10 1. All new and replacement water supply and sanitary
11 sewage systems shall be designed to minimize or eliminate
12 infiltration of flood waters into the system and discharge from
13 systems into flood waters.
14 2. On-site waste disposal systems shall be located
15 to avoid impairment to them or contamination from them during
16 flooding.
17 C. Standards for subdivisions.
18 1. All preliminary subdivision proposals shall
19 identify the flood hazard area and the elevation of the base
20 flood.
21 2. All final subdivision plans will provide the
22 elevation of proposed structure(sl and pads. If the site is
23 filled above the base flood, the final pad elevation shall be
24 certified by a registered professional engineer or surveyor and
25 provided to the City Engineer.
26 3. All subdivision proposals shall be consistent
27 with the need to minimize flood damage.
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4. All subdivision proposals shall have public
utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage.
5. All subdivision shall provide adequate drainage
to reduce exposure to flood hazards.
D. Standard for manufactured homes. All new and
replacement manufactured homes and additions to manufactured
homes shall:
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12 resist flotation, collapse, or lateral movement by providing
13 over-the-top and frame ties to ground anchors. Specific
14 requirements shall be that:
15 a. over-the-top ties be provided at each of the
16 four corners of the manufactured homes, with two additional ties
17 per side at intermediate locations, with manufactured homes less
18 than fifty feet long requiring one additional tie per side:
19 b. frame ties be provided at each corner of the
20 home with five additional ties per side at intermediate points,
21 with manufactured homes less than fifty feet long requiring four
22 additional ties per side:
23 c. all components of the anchoring system be
24 capable of carrying a force of four thousand eight hundred
25 pounds: and
1. Be elevated so that the lowest floor is at or
above the base flood elevation: and
2. All manufactured homes shall be anchored to
26 d. any additions to the manufactured homes be
27 similarly anchored.
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1 15.72.090. Floodways.
2 Located within areas of special flood hazard established in
3 Section 15.72.060(B) are areas designated as floodways. Since
4 the floodway is an extremely hazardous area due to the velocity
5 of flood waters which carry debris, potential projectiles, and
6 erosion potential, the following provisions apply:
7 A. Prohibit encroachments, including fill, new
8 construction, substantial improvements, and other development
9 unless certification by a registered professional engineer or
10 architect is provided demonstrating that encroachments shall not
11 result in any increase in flood levels during the occurrence of
12 the base flood discharge.
13 B. If Section 15.72.090(A) is satisfied, all new
14 construction and substantial improvements shall comply with all
15 other applicable flood hazard reduction provisions of Section
16 15.72.080.
17 15.72.100. Mud slide (i.e., mud flow)-prone areas.
18 A. The City Engineer shall review permits for proposed
19 construction or other development to determine if it is proposed
20 within a mud slide area.
21 B. Permits shall be reviewed to determine that the
22 proposed development is reasonably safe from mud slide hazards.
23 Factors to be considered in making this determination include but
24 are not limited to:
25 1. the type and quality of soils;
26 2. evidence of ground water or surface water
27 problems;
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1 3. the depth and quality of any fill;
2 4. the overall slope of the site; and
3 5. the weight that any proposed development will
4 impose on the slope.
5 C. Within areas which have mud slide hazards, the
6 following requirements apply:
7 1. a site investigation and further review shall be
8 made by persons qualified in geology and soils engineering;
9 2. the proposed grading, excavation, new construction
10 and substantial improvements shall be adequately designed and
11 protected against mud slide damages;
12 3. the proposed grading, excavations, new
13 construction and substantial improvements do not aggravate the
14 existing hazard by creating either on-site or off-site
15 disturbances; and
16 4. drainage, planting, watering and maintenance shall
17 not endanger slope stability.
18 D. Within Zone M on the Flood Insurance Rate Map,
19 excavation, grading and drainage shall be constructed in
20 conformance with Chapter 70 of the Uniform Building Code as
21 modified by Municipal Code Section 15.04.120 through 15.04.220.
22 1. the location of foundation and utility systems of
23 new construction and substantial improvements;
24 2. the location, drainage and maintenance of all
25 excavations, cuts and fills and planted slopes;
26 3. protective measures including but not limited to
27 retaining walls, but fills, sUbdrains, diverter terraces,
28 benchings, etc.; and
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1 4. engineering drawings and specifications to be
2 submitted for all corrective measures, accompanied by supporting
3 soils engineering and geology reports.
4 15.72.110. Flood-related erosion-prone areas.
5 A. The City Engineer shall require permits for proposed
6 construction and other development within all flood-related
7 erosion-prone areas as known to the City of San Bernardino.
8 B. Such permits shall be reviewed to determine whether the
9 proposed site alterations and improvements will be reasonably
safe from flood-related erosion and will not cause flood-related
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erosion hazards or otherwise aggravate the existing hazard.
C. If a proposed improvement is found to be in the path of
flood-related erosion or would increase the erosion hazard, such
improvement shall be relocated or adequate protective measures
shall be taken to avoid aggravating the existing erosion hazard.
15.72.120. Appeals.
A. Appeals Board
1. The Planning Commission of the City of San
Bernardino shall hear and decide appeals and requests for
variances from the requirements of this chapter.
2. The Planning Commission shall hear and decide
appeals when it is alleged there is an error in any requirement,
decision, or determination made by the City Engineer in the
enforcement or administration of this chapter.
3. In passing upon such applications, the Planning
Commission shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this chapter,
and:
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1 a. the danger that materials may be swept onto
2 other lands to the injury of others;
3 b. the danger of life and property due to
4 flooding or erosion damage;
5 c. the susceptibility of the proposed facility
6 and its contents to flood and the effect of such damage on the
7 individual owner;
8 d. the importance of the services provided by
9 the proposed facility to the City of San Bernardino;
10 e. the availability of alternative locations
11 for the proposed use which are not subject to flooding or erosion
12 damage;
13 f. the compatibility of the proposed use with
14 existing and anticipated development;
15 g. the relationship of the proposed use to the
16 comprehensive plan and floodplain management program for that
17 area;
18 h. the safety of access to the property in
19 time of flood for ordinary and emergency vehicles;
20 i. the expected heights, velocity, duration,
21 rate of rise, and sediment transport of the flood waters expected
22 at the site; and,
23 j. the costs of providing governmental
24 services during and after flood conditions, including maintenance
25 and repair of public utilities and facilities such as sewer, gas,
26 electrical, and water system, and streets and bridges.
27 B. Conditions for variances.
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1. Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed in the
National Register of Historic Places or the State Inventory of
Historic Places, without regard to the procedures set forth in
the remainder of this section.
2. Generally, variances may be issued for new construction
and substantial improvements to be erected on a lot one one-half
acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level,
providing items 15.72.080 (A) (3) (a) through 15.72.120 (A) (3) (c)
have been fully considered. As the lot size increases beyond
one-half acre, the technical justification required for issuing
the variance increases.
3. Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood
discharge would result.
4. Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
5. Variances shall only be issued upon:
a. that 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 zone;
b. a determination that failure to grant the
variance would result in exceptional hardship to the applicant;
and
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c. 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
existing local laws or ordinances.
6. 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 l5.72.l20eB) el) through l5.72.l20eB) (5)
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.
7. Upon consideration of the factors of Section
l5.72.l20eA) (3) and the purposes of this ordinance, the Planning
Commission may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this
ordinance.
8. Any applicant to whom a variance is granted shall be
given written notice that the structure will be permitted to be
built with a lowest floor elevation below the regulatory flood
elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced
lowest floor elevation. A copy of the notice shall be recorded
by the Public Works/Engineering Department 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.
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9. The City Engineer shall maintain the records of all
appeal actions and report any variances to the Federal Insurance
Administration upon request.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
~
Bernardino at a
Regular
meeting thereof, held on
, 1989, by the
the
day of
6th
June
following vote, to wit:
AYES:
Council Members Estrada, Reilly, Flores, Maudsley,
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Minor, Miller
NAYS:
None
ABSENT:
Council Member Pope-Ludlam
dYAd//4?/?/ /dhhf/
/ City Clerk
The foregoing ordinance is hereby approved this Il~~ day
June
, 1988.
(, J--:
,j j/' /2-
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1;7 " 1/11 ~/,) /k{-G~V
EVlyn Wilcox, Mayor of the CIty of
San Bernardino
21 Approved as to form
and legal content:
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24 Ci A torney
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