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Ordinance No. 53 ORDINANCE NO. 53 411ki AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, ADDING CHAPTER 8. 80, "FLOOD DAMAGE PREVENTION AND FLOODPLAIN MANAGEMENT, " TO TITLE 8, "BUILDINGS AND CONSTRUCTION, " OF THE CITY OF CHINO HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.80, "Flood Damage Prevention and Floodplain Management, " is hereby added to Title 8, "Buildings and Construction, " of the Chino Hills Municipal Code to read as follows: "Chapter 8.80 FLOOD DAMAGE PREVENTION AND FLOODPLAIN MANAGEMENT Articles Article I. Statutory Authorization, Findings of Fact, 411 Purpose and Methods. Article II. General Provisions. Article III. Administration. Article IV. Provisions for Flood Hazard Reduction. Article V. Appeals of Flood Plan Administrator's Decisions. Article VI. Variance Standards. • 7031143.1 11/29/93 ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT, 41, PURPOSE AND METHODS Sections: 8.80. 010 Statutory Authorization. 8.80. 015 Findings of Fact. 8.80.020 Statement of Purpose. 8.80. 025 Definitions. 8.80. 010 Statutory Authorization. This Article is authorized by virtue of Government Code Sections 65302, 65560, and 65800, which confer upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Chino Hills does hereby adopt the following flood plain management regulations. 8.80. 015 Findings of Fact. (a) The flood hazard areas of the City of Chino Hills are subject to periodic inundation which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, • safety, and general welfare. (b) These flood losses are caused by uses that are inadequately elevated, flood-proofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to the flood loss. 8 .80. 020 Statement of Purpose. It is the purpose of this Chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas, by provisions designed to: (a) Protect human life and health; (b) Minimize expenditure of public money for costly flood control projects; (c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (d) Minimize prolonged business interruptions; (e) Minimize damage to public facilities and • 7031143.1 2 11/29/93 utilities, such as water and gas mains; electric, telephone, and sewer lines; streets and bridges located in areas of special flood hazard; (f) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blight areas caused by flood damage; (g) Insure that potential buyers are notified that property is in an area of special flood hazard; and (h) Insure that those who occupy the areas of special flood hazard assume responsibility for their actions. 8.80. 020 Methods of Reducing Flood Losses. In order to accomplish its purposes, this Chapter includes methods and provisions to: (a) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; (b) 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. 8.80. 025 Definitions. The purpose of this Section is to provide clear and easily understood definitions for the terms used in this Chapter. Unless otherwise clearly indicated from their context, the terms defined in this Section shall be defined as follows: 'Accessory Use. ' A use which is incidental and subordinate to the principal use of the parcel of land on which it is located. 'Alluvial Fan. ' A geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported • 7031143.1 3 11/29/93 by flood flows, and then deposited on the valley floors, and • which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. 'Apex. ' The point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front. 'Appeal. ' A request for a review of the Floodplain Administrator's interpretation of any provision of this Chapter. 'Area of Special Flood Hazard. ' See 'Special Flood Hazard Area. ' - 'Base Flood. ' The flood having a one percent chance of being equalled or exceeded in any given year (also called the ' 100-year flood' ) . 'Basement. ' Any area of the building having its floor subgrade (below ground level) on all sides. 'Development. ' Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. • '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. 'Existing Manufactured Home Park or Subdivision. ' A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. 'Expansion to an Existing Manufactured Home Park or Subdivision. ' The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) . 'Flood' or 'Flooding. ' A general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of flood waters, (2) the unusual and rapid • 7031143.1 4 11/29/93 accumulation or runoff of surface waters from any source, and/or • (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. 'Flood Boundary' and 'Floodway Map or 'FBFM. ' The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of special flood hazards, the flood way, and the risk premium zones applicable to the community. 'Flood Insurance Study. ' The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. 'Floodplain' or 'Flood-prone Area. ' Any land area susceptible to being inundated by water from any source (see definition of 'Flooding' ) . • 'Floodplain Administrator. ' The individual appointed to administer and enforce the floodplain management regulations. 'Floodplain Management. ' The operation of an overall program of corrective and preventive measures for reducing flood damage, and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to, emergency preparedness plans, flood control works and floodplain management regulations, and open space plans. 'Floodplain Management Regulations. ' This Chapter, zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading ordinance and erosion control ordinance) and other applications of police power, including State or local regulations, which control development in flood-prone areas. This phrase describes federal, state, or local regulations in any combination thereof which provide standards for the preventing and reducing flood loss and damage. 'Floodproofinq. ' Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. • 7031143.1 5 11/29/93 • 'Floodway. ' The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as 'Regulatory floodway. ' 'Floodway Encroachment Lines. ' The lines marking the limits of floodways on Federal, state and local floodplain maps. 'Floodway Fringe. ' That area of the floodplain on either side of the 'Regulatory Floodway' where encroachment may be permitted. 'Fraud and Victimization. ' As related to Article VI, 'Variances, ' hereof, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City of Chino Hills will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty (50) to one-hundred (100) years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. 'Functionally Dependent Use. ' A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shop building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. 'Governing Body. ' The City Council of the City of Chino Hills or such other body that is empowered to adopt and implement regulations to provide for the public health, safety, and general welfare of its citizenry. 'Hardship. ' As related to Article VI, Variances, hereof, the exceptional hardship that would result from a failure to grant the requested variance. The City of Chino Hills requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved • 7031143.1 6 11/29/93 • 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. 'Highest Adjacent Grade. ' The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. 'Historic Structure. ' Any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of • historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or, (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs. 'Levee. ' A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. 'Levee System. ' A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. 'Lowest Floor. ' The lowest floor of the lowest enclosed area (including basement) . An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building • 7031143.1 7 11/29/93 III access, or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this Chapter. 'Manufactured Home. ' 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 one-hundred-eighty (180) consecutive days. The term 'manufactured home' does not include a 'recreational vehicle. ' 'Manufactured Home Park' or 'Manufactured Home Subdivision. ' A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent. 'Mean Sea Level. ' 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. 'New Construction. ' 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 this community, and include any subsequent improvements to such structures. 'New Manufactured Home Park or Subdivision. ' A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community. 'Obstruction. ' Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across, or projecting into any watercourse which may alter, impede, retard, or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. • 7031143.1 8 11/29/93 III Flood.' 'ne-Hundred-Year Flood' or ' 100-Year Flood. ' 'Base OSee 'Person. ' An individual or his/her/their agent, firm, partnership, association, or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions. 'Principal Structure. ' A structure used for the principal use of the property as distinguished from an accessory use. 'Public Safety and Nuisance. ' As related to Article IV, Variances, hereof means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. 'Recreational Vehicle. ' A vehicle which is: (1) Built on a single chassis; (2) Four Hundred square feet (400 sq. ft. ) or less when measured at the largest horizontal projection; . (3) Designed to be self-propelled or permanently towable by a light-duty truck; and, (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. 'Regulatory Floodway. ' The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. 'Remedy 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 the ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. 'Riverine. ' Relating to, formed by, or resembling a river (including tributaries) , stream, brook, etc. • 7031143.1 9 11/29/93 • 'Special Flood Hazard Area' (SFHA) . An area having special flood or flood-related erosion hazards„ and shown on an FHBM or FIRM as Zone A, Al-30, AE, or A99. 'Start of Construction. ' Includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one-hundred-eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a 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. • 'Structure. ' A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. '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 fifty percent (50%) of the market value of the structure before the damage occurred. 'Substantial Improvement. ' Any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the 'start of construction' of the improvement. This phrase includes structures which have incurred 'substantial damage, ' regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum • 7031143.1 1 0 11/29/93 necessary to assure safe living conditions; or, 111 (2) Any alteration of a 'historic structure, ' provided that the alteration will not preclude the structure's continued designation as a historic structure. 'Variance. ' A grant of relief from the requirements of this Chapter which permits construction in a manner that would otherwise be prohibited by this Chapter. '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 0 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. '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 III designated areas in which substantial flood damage may occur. • 7031143.1 1 1 11/29/93 ARTICLE II GENERAL PROVISIONS • Sections: 8 .80. 110 Application of this Chapter to Particular Areas Within the City. 8.80. 115 Basis for Establishing the Areas of Special Flood Hazard. 8.80. 120 Compliance. 8.80. 125 Abrogation and Greater Restrictions. 8.80. 130 Interpretation. 8.80. 135 Warning and Disclaimer of Liability. 8 .80. 110 Application of this Chapter to Particular Areas Within The City. This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Lake Forest. 8.80. 115 Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) or the Federal Insurance Administration (FIA) in the latest effective Flood Insurance Study (FIS) dated 1981, and accompanying Flood Insurance Rate Maps (FIRMS) and Federal Boundary and Floodway Maps (FBFMs) dated 1981, and all subsequent amendments and/or revisions are hereby adopted by reference and declared to be a • part of this Chapter. This FIS and attendant mapping 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 City Council of Chino Hills by the Floodplain Administrator. The study, FIRMs, and FBFMs are on file at 2001 Grand Avenue, Chino Hills, California, Department of Community Development. 8.80. 120 Compliance. 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. 8.80. 125 Abrogation and Greater Restrictions. This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. • 7031143.1 1 2 11/29/93 8.80. 130 Interpretation. 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. 8 .80. 135 Warning and Disclaimer of Liability. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the City of Chino Hills, any officer, employee, or agent thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made hereunder. • • 7031143.1 1 3 11/29/93 ARTICLE III ADMINISTRATION • Sections: 8.80.210 Establishment of Development Permit. 8.80.215 Designation of the Floodplain Administrator. 8.80.220 Duties and Responsibilities of the Floodplain Administrator. 8.80.225 Appeals to City Council. 8.80. 210 Establishment of Development Permit. A Development Permit shall be obtained before construction or development begins within any area of special flood hazards established in Section 8 . 80. 115. Application for a Development Permit shall be made on forms furnished by the Floodplain Administrator 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 facilities; and the location of the foregoing. Specifically, the following information is required: (a) Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; (b) Proposed elevation in relation to mean sea level • to which any structure will be floodproofed if required in Section 8.80. 310 (b) (3) ; (c) All appropriate certifications listed in Section 8.80. 220 subsection (d) ; and (d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 8.80. 215 Designation of the Floodplain Administrator. The Principal Public Works Engineer is hereby appointed to administer and implement this Chapter by granting or denying development permits in accordance with its provisions. 8.80. 220 Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to: (a) Permit Review. (1) Review all development permits to determine that the permit requirements of this Chapter have been satisfied; (2) All other required State and Federal permits • 7031143.1 1 4 11/29/93 have been obtained; • (3) The site is reasonably safe from flooding; (4) The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a 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. (b) Review and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 8.80. 115, the Floodplain Administrator 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 Article IV hereof. Any such information shall be submitted to the City Council of Chino Hills for adoption. (c) Whenever a watercourse is to be altered or • relocated: (1) 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, Federal Emergency Management Agency; (2) Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained. (d) Obtain and maintain for public inspection and make available as needed for the following: (1) The certification required in Section 8 .80. 310, subsection (c) (1) (flood elevations) ; (2) The certification required in Section 8 . 80. 310, subsection (c) (2) (C) (elevation or floodproofing of nonresidential structures) ; • 7031143.1 1 5 11/29/93 (3) The certification required in Section • 8.80. 310, subsection (c) (3) (A) or 8.80. 310, subsection (c) (3) (B) (wet floodproofing standard) ; (4) The certified elevation required in Section 8.80. 330, subsection (b) (subdivision standards) ; (5) The certification required in Section 8.80. 330, subsection (a) (floodway encroachments) . (e) Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (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 Article V, Section 8.80.410 et seq. hereof. (f) Take action to remedy violations of this Chapter as specified in Section 8. 80. 120 herein. 8 .80. 225 Appeals. The City Council of the City of Chino Hills shall hear and decide appeals when it is alleged there is II an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Chapter pursuant to Article V hereof. III 7031143.1 1 6 11/29/93 ARTICLE IV PROVISIONS FOR FLOOD HAZARD REDUCTION • Sections: 8 .80. 310 Standards of Construction. 8. 80. 315 Standards for Utilities. 8.80. 320 Standards for Subdivisions. 8.80. 325 Standards for Manufactured Homes. 8.80. 330 Floodways. 8.80. 310 Standards of Construction. In all areas of special flood hazards, the following standards are required: (a) Anchoring (1) All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (2) All manufactured homes shall meet the anchoring standards of Section 8.80. 325. (b) Construction Materials and Methods. All new construction and substantial improvements shall be constructed: (1) With materials and utility equipment resistant to flood damage. (2) Using methods and practices that minimize flood damage. (3) With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (c) Elevation and Floodproofing. (see Section 8.80.025 definitions for 'new construction, ' 'substantial damage, ' and 'substantial` improvement. ' ) (1) Residential construction new or substantial improvement shall have the lowest floor, . including basement: (A) in an A Zone, elevated to one foot (1 ' ) above the base flood elevation and • 7031143.1 1 7 11/29/93 • determined by this community. (B) in all other zones, elevated to on foot (1 ' ) on above the base flood elevation. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, or verified by the community building inspection to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. (2) Nonresidential construction shall either be elevated in conformance with Section 8.80. 310, subsection (c) (1) or together with attendant utility and sanitary facilities: (A) Be floodproofed below the elevation recommended under Section 8.80. 310(c) (1) so that the structure is watertight with walls substantially impermeable to the passage of water; (B) Have structural components capable of • resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (C) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator. (3) All new construction and substantial improvements, that fully enclosed areas below the lowest floor (exceeding basements) that are usable solely for parking of vehicles, building access, or storage, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must exceed the following minimum criteria: (A) be certified by a registered professional engineer or architect; • 7031143.1 1 8 11/29/93 (B) be certified to comply with a local • floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency; (C) have a minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the • automatic entry and exit of floodwaters; or, (D) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration. (4) Manufactured homes shall also meet the standards in Section 8.80. 325. 8 . 80. 315 Standards for Utilities. III (a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. (b) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 8.80. 320 Standards for Subdivisions. (a) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. (b) All subdivision plans will provide the elevation of proposed structure(s) and pad(s) . If the site is filled above the base flood elevation, the final first floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. (c) All subdivision proposals shall be consistent with the need to minimize flood damage. • 7031143.1 1 9 11/29/93 (d) All subdivision proposals shall have public III utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (e) All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. 8.80. 325 Standards for Manufactured Homes. (a) All manufactured homes that are placed or substantially improved, within Zone Al-30 on the community's Flood Insurance Rate Map, on sites located: (1) Outside of a manufactured home park or subdivision; (2) In a new manufactured home park or subdivision; (3) In an expansion to an existing manufactured home park or subdivision; or, (4) In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred 'substantial • damage' as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one foot (1 ' ) above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (b) All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zone Al-30 on the community's Flood Insurance Rate Map that are not subject to the provision of Section 8 .80. 325(a) shall be elevated so that either the: (1) Lowest floor of the manufactured home is at one foot (1 ' ) above the base flood elevation; or, (2) Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches (36") in height above grade and be securely anchored to an adequately anchored foundation system to • 7031143.1 20 11/29/93 resist flotation, collapse, and lateral • movement. 8. 30. 327 Standards for Recreational Vehicles. (a) All recreational vehicles placed on sites within Zones Al-30, AH, and AE on the community's Flood Insurance Rate Map shall either: (1) Be on the site for fewer than one-hundred- eighty (180) consecutive days; • (2) Be fully licensed and ready for highway use-- a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or, (3) Meet the permit requirements of Article IV of this Chapter and the elevation and anchoring requirements for manufactured homes in Section 8. 30. 325. 8.80. 330 Floodways. Located within areas of special flood • hazard established in Section 8.84 . 115 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: (a) Prohibit encroachments, including fill, new construction, substantial improvements, and other new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in [the base] flood elevation during the occurrence of the base flood discharge. (b) If Section 8.80.330, subsection (a) is satisfied, all new construction and substantial improvements and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Article IV, hereof. III 7031143.1 2 1 11/29/93 IIIARTICLE V APPEALS OF THE FLOOD PLAIN ADMINISTRATOR'S DECISIONS Sections: 8.80.410 City Council as Appeal Board. 8.80.410 City Council as Appeal Board. Decisions of the Floodplain Administrator may be appealed to the City Council pursuant to Section 2 . 04 . 100 through 130 and this Chapter when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Chapter. In considering the merits of an appeal, the City Council shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Chapter, and: (a) the danger that materials may be swept onto other lands to the injury of others; (b) the danger of life and property due to flooding or erosion damage; (c) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; • (d) the importance of the services provided by the proposed facility to the community; (e) the necessity to the facility of a waterfront location, where applicable; (f) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (g) the compatibility of the proposed use with existing and anticipated development; (h) the relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (i) the safety of access to the property in time of flood for ordinary and emergency vehicles; (j ) the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and (k) the costs of providing governmental services during and after flood conditions, including maintenance and III7031143.1 2 2 11/29/93 • repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. • a7031143.1 2 3 11/29/93 ARTICLE VI VARIANCE STANDARDS • Sections: 8.80. 510 Application of Chapter. 8.80. 515 Standards Applicable to Variances. 8.80. 520 Reporting Requirement. 8.80. 510 Application of Chapter. Variances may be issued for new construction and substantial improvements to be erected on lots of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the items listed as (a) through (k) of Section 8.80. 410 have been fully considered. The technical justification required shall be greater for variances for lots larger than one-half (1/2) acre. 8.80. 515 Standards Applicable to Variances. (a) Notwithstanding the provisions of Subsection (b) through (f) , 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. (b) Variances shall not be issued within any • designated floodway if any increase in flood levels during the base flood discharge would result. (c) Variances shall only be issued to the minimum extent necessary, considering the flood hazard, to afford relief. (d) Variances shall only be issued upon: (1) a showing of good and sufficient cause; (2) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (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 existing local laws or ordinances. (e) 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 • 7031143.1 2 4 11/29/93 provisions of Section 8.80. 515 are satisfied and that the 0 structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (f) 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 Floodplain Administrator in the Office of the County Recorder of the County of Orange and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. 8.80. 520 Reporting. The Floodplain Administrator shall maintain records of all variances granted and shall report any variances to the Floodplain Insurance Administration upon request. " SECTION 2 . Upon the effective date of this Ordinance, the provisions thereof shall supersede any inconsistent or conflict- ing provisions of the San Bernardino County Code or other rele- vant non-codified San Bernardino County Ordinances as the same were adopted by reference by City Ordinance Nos. 91-01 and 92-02. SSECTION 3 . If any section, subsection, subdivision, sen- tence, clause, phrase, or portion of this Ordinance, is for any reasons held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 4. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933 . • 7031143.1 2 5 11/29/93 ill PASSED, APPROVED, AND ADOPTED this 11th day of January , 199 4. GARY . LARSON, MAYOR ATTEST: LINDA D. RUTH, CITY CLERK APPROVED AS TO FORM: III THOMAS C. WOOD, C ATTORNEY 26 7031143.1 410 11/2993 S STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF CHINO HILLS ) I, LINDA D. RUTH, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that foregoing Ordinance No. 53 was duly introduced for first reading at a regular meeting of the City Council held on the 14th day of December , 1993, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 11th day of January , 1994, by the following roll call vote, to wit: AYES: COUNCILMEMBERS: LARSON, WICKMAN, GRAHAM, NORTON-PERRY, AND THALMAN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE LINDA D. RUTH, CI CLERK (SEAL) • The foregoing is the original of Ordinance No. 53 duly passed and adopted by the Chino Hills City Council at their regular meeting held January 11, 1994. LINDA . RUTH, CITY CLERK (SEAL) 7031143.1 27 11/29/93