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HomeMy WebLinkAbout42-Public Works File No. 4.91 CITV OF SAN BERtODINO - REQ",~ST lOR COUNCIL ACTION From: ROGER G. HARDGRAVE Dept: Publ ic Works/Engi neering tEC~~AdoPtion of Amendment to Muncipal ." N.OJlp;te Section 15.72 -- Flood I988APR22 Control Measures for Floodplain AM 4M~6agement Date: 4-21-88 Synopsis of Previous Council action: 10-19-70 P. L. Hicks, City Engineer, appointed to the Flood Insurance Program. Ordinance No. 3763 adopted creating Municipal Code Section 15.72, and establishing a National Flood Insurance Program. Ordinance MC-410 adopted amending Section 15.72.100, "Appeals" of Muncipal Code. Ordinance MC-460 adopted amending Section 15.72.040, "Scope" of Municipal Code. ~ 10-02-78 09-17-84 05-13-85 Recommended motion: Adopt Ordinance. cc: Ray Schweitzer Jim Penman Ward: 5125 ALL Contact person: Gene R. Kl att Supporting data attached: Staff Report, Ordi nance Phone: FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.1 (Acct. Descriotion1 Finance: Council Notes: '71;.n?.;? Agenda Item No: '1 ~ - . . CITY OF SAN BERtCRDINO - REQUEST 'OR COUNCIL ACTION STAFF REPORT Effective October 1, 1986, the Federal Emergency Manage- ment Agency (FEMA) changed some of the rules governing the National Flood Insurance Program (NFIP). These changes were published in the Federal Register dated August 25, 1986. The City of San Bernardino is a participant in the National Flood Insurance Program, and as such has agreed to adopt and enforce a floodplain management ordinance which complies with the rules of NFIP. This ordinance was adopted in 1978 and revised in 1984 and 1985. The Department of Water Resources transmitted a copy of the model ordinance to the City, that incorporated the new rules. It was necessary for a final copy of the ordinance to be prepared in accordance with our format and Municipal Code numbering sequence. This has been done by the City Attorney's office. The final copy has been reviewed and approved by the Department of Water Resources and FEMA. It will be required for the City to adopt this new ordi- nance, in order to retain eligibility for National Flood Insurance. The majority of the technical revisions apply to coastal areas. Therefore, the impact upon our development process and conditions of approval is expected to be minimal. Since adoption of this new ordinance is a requirement for continued eligibility under the National Flood Insurance Program, we recommend that it be approved. 4-21-88 75-0264 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .L 11 o o ORDINANCE NO. 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. lOrd. 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. III IIII III 1 JFW:ms 3-22-88 o o 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 1 2 3 4 5 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 111111 IIIII 11111 26 IIIII IIIII 27 IIIII IIIII 28 1111/1 2 JFW:ms 3-22-88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ ~ 25 26 27 28 - - ~ L o o 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. S) "Are~of~llow f1oodina" 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). 3 JFW:ms 3-22-88 , o o 1 D) "Area of soecial flood hazard" - See "Special flood 2 hazard area.". 3 E) "Area of soecial 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) "Develooment" 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 floodina" 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. 28 4 JFW:ms 3-22-88 . o r o 1 J) "Flood Boundary and Floodway Mao" 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) "Flgod 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 InsYL~ce Study" 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-prQD~Area" means any land area 15 susceptible to being inundated by water from any source (see 16 definition of "flooding"). 17 N) "FloodplAlrLmanagement" 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) "Floodolain manaQement 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 28 5 JFW:ms 3-22-88 o o 1 provide standards for the purpose of flood damage prevention and 2 reduction. 3 p) "Floodproofin9" 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) "Functionally~ependent 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) "Hi9hest ad;ac~nt qrade" means the highest natural 21 elevation of the ground surface prior to construction next to the 22 proposed walls of a structure. 23 T) "Lgwest 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 28 6 JFW:ms 3-22-88 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 24 25 26 27 28 o o 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 vear 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. 7 JFW:ms 3-22-88 - . o o 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) "Sgecial 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, AI-3D, AE, A99, AH, VO, Vl-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, 28 8 JFW:ms 3-22-88 o o 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: 27 28 9 JFW:ms 3-22-88 ~ . o o 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 conditionsl 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 28 10 JFW:ms 3-22-88 - o o 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: ~ 11 JFW:ms 3-22-88 _ n . o o 1 1. Considered as minimum requirements1 2 2. Liberally construed in favor of the governing 3 b~Y1 a~, 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. 27 28 12 JFW:ms 3-22-88 . o o 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 f10wl 5 established in Section l5.72.060(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 va, 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 l5.72.070(c) (4)of 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. 27 ~ 13 JFW:ms 1-22-88 . . o o C. Duties and responsibilities of the City Engineer. The duties and responsibilities of the City Engineer shall include, but not be limited to: 1 2 3 4 5 6 7 8 b. All other required state and federal 9 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 f100dway 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. 1. Permit review a. Review all developments permits to determine that the permit requirements of this chapter have been satisfied; 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 24 25 26 27 28 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 f100dway 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: 14 JFW:ms 3-22-88 . .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 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 l5.72.0BO(A)(3)(a) (floor elevations)! b. the certification required in Section l5.72.0BO(A)(3)(b) (elevations in areas of shallow flooding)! c. the certification required in Section l5.72.040(A)(3)(c)(3) (elevation of floodproofing of nonresidential structures)! d. the certification required in Section l5.72.0BO(A) (3) (d) (l) or l5.72.0BO(A) (3) (d) (2) (wet floodproofing standard)! e. the certified elevation required in Section 15.72.0BO(c) (subdivision standard)! f. the certification required in Section 15.72.090 (A) (floodway encroachmentsh g. the reports required in Section 15.72.100(0) (mudflow standards). 5. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood 15 JFW:ms 3-22-8B . - o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 24 25 26 27 28 hazards, areas of flood-related erosion hazards or areas of mud slide (i.e., mud flow) Cfor 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 l5.72.060CC) 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 l5.72.080CD). 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, 16 JFW:ms 3-22-88 . - o o 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 l5.72.080(Al(3l (cl. 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 b. new construction and substantial improvement of 19 any structure in Zone AH, AO or VO shall have the lowest floor, 20 including basement, elevated above the highest adjacent grade at 21 least as high as the depth number specified in feet on the FIRM, 22 or at least two feet if no depth number is specified. 23 Nonresidential structures may meet the standards in Section 24 l5.72.080(Al (3l (cl. Upon the completion of the structure the 25 elevation of the lowest floor including basement shall be 26 certified by a registered professional engineer, or verified by 27 the building inspector to be properly elevated. Such 28 17 JFW:ms 3-22-88 . - o o certification or verification shall be provided to the City Engineer. 1 2 3 4 5 6 7 8 9 10 11 buoyancYf and 12 13 14 15 Engineer. 16 d. Require, for all new construction and substantial 17 improvements, that fully enclosed areas below the lowest floor 18 that are subject to flooding shall be designed to automatically 19 equalize hydrostatic flood forces on exterior walls by allowing 20 for the entry and exit of flood waters. Designs for meeting this 21 requirement must either be certified by a registered professional 22 engineer or architect or meet or exceed the following minimum 23 criteria: 24 1. either a minimum of two openings having a 25 total net area of not less than one square inch for every square 26 foot of enclosed area subject to flooding shall be provided. The 27 bottom of all openings shall be no higher than one foot above c. nonresidential construction shall either be elevated in conformance with Section l5.72.080(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 waterf 2. have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of 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 28 18 JFW:ms 3-22-88 . . o o 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(D). 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(s) 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. 28 19 JFW:ms ~_??_RR -'~ 1 . . o o 1 4. All subdivision proposals shall have public 2 utilities and facilities such as sewer, gas, electrical and water 3 systems located and constructed to minimize flood damage. 4 5. All subdivision shall provide adequate drainage 5 to reduce exposure to flood hazards. D. Standard for manufactured homes. All new and 6 7 8 homes shall: 9 1. Be elevated so that the lowest floor is at or 10 above the base flood elevation~ and 11 2. All manufactured homes shall be anchored to 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 26 27 similarly anchored. 28 replacement manufactured homes and additions to manufactured d. any additions to the manufactured homes be 20 JFW:ms 3-22-88 - - . . o o 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: ~ 21 JFW:ms 3-22-88 - ~ . o o 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. S 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 22 JFW:ms ~_~~_QD ro - o o 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 10 safe from flood-related erosion and will not cause flood-related 11 erosion hazards or otherwise aggravate the existing hazard. 12 C. If a proposed improvement is found to be in the path of 13 flood-related erosion or would increase the erosion hazard, such 14 15 16 17 18 19 20 21 22 ~ 24 25 26 27 ~ 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: 23 JFW:ms 3-22-88 4! t&. &. .A - - . o o 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: i I 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. 28 24 JFW:ms ':l_??_RR ~ ~ - o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ U 25 26 27 28 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 25 JFW:ms 3-22-88 .. 4 - ~ o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 24 25 26 27 28 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 lS.72.l20(B)(l) through lS.72.l20(B)(S) 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.l20(A) (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. 26 JFW:ms 3-22-88 .. - 1 41 Ul o o 1 9. The City Engineer shall maintain the records of all 2 appeal actions and report any variances to the Federal Insurance 3 Administration upon request. 4 I HEREBY CERTIFY that the foregoing ordinance was duly 5 adopted by the Mayor and Common Council of the City of San meeting thereof, held on 6 Bernardino at a 7 the day of , 1986, by the 8 following vote, to wit: 9 AYES: 10 11 NAYS: 12 ABSENT: 13 14 City Clerk 15 16 17 of 18 19 20 21 22 23 24 25 26 27 28 The foregoing ordinance is hereby approved this day , 1988. EVlyn Wilcox, Mayor of the'City of San Bernardino Approved as to form and legal content: 19~ Ci A torney 27 JFW:ms 3-22-88 I. ,l