HomeMy WebLinkAboutOrdinances_2298_CCv0001.pdf ORDINANCE NO. 2298
All ORDINANCE OF THE CITY OF REDL N S AMENDING CHAPTER 15.32 OF
THE REDLANDS MUNICIPAL CODE RELATING TO FLOOD DAMAGE
PREVENTION
The City Council of the City of Redlands does ordain as follows:
Section 1. The text of Chapter 15.32 of the Redlands Municipal Code relating to flood damage
prevention is hereby repealed in its entirety and replaced by the following
"Chapter 15.32
FLOOD DAMAGE PREVENTION`
Section 15.32.111 t1 Purpose.
Section 15:32.1120 Definitions
Section 15.32.11311 Applicability of chapter provisions.-
Section 15.3201140 Areas of special flood hazard.
Section 1532.0511 Compliance required.
Section 15.32.060 Abrogation or greater restrictions.:
Section 15.32.070 interpretation.
Section 15.32.080 Warning and disclaimer of liability.
Section 15.32.090 Development permil--required--Application,.
Section 15.32.100 Chief Building Official--Duties and responsibilities.
Section 15.32.110 Construction standards.
Section. 15.32.120 Utility standards.
Section 15.32.1301 Subdivision standards.
Section 15:32.140 Manufactured homes.
Section 15.32.15{1 Iy loodways.
Section 15.32.160 Appeal Board.
Section 15.32.170 Variance conditions.
15.32.1110 Purpose.
The purpose of this Chapter is to Promote the public health, safety and welfare and
to minimize public and private losses dui: to flood conditions in specific areas by establishing
requirements and restrictions designed to protect human life and health, minimize expenditure of
public money for costly flood controlprgjects and da mage to public facilities and utilities, maintain
a stable tax base by providing for the second use and development of areas of special hazards so as
to minimize future flood blight areasand ensure that potential buyers are notified that property is in
an area of special flood hazard,
15.32.1120 Definitions.
The following words shall have the meanings ascribed to
them-.
. "Accessory use" means a use which is incidental and subordinate to the principal use of
the parcel of land on which is located.
B. "Alluvial fair" means a geomorphologic feature characterized by a cane or fan-shaped
deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes,
transported 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.
C. "Apex"means the point ofhighest elevation on ars alluvial fan, ,which can undisturbed fans
is generally the point where the major stream that formed the fan emerges from the mountain front,.
D. "Appeal"means a request for a review ofthe Chief Building OfficiaFs interpretation of
any provision of this Chapter or a request for a variance.
B. "Area of shallow flooding"means a designated ACS zone on the flood insurance rate neap
(FIRM) where 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.
F. "Area of special flood-related erosion hazard"is land within the City which is most likely
to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the
Mood Insurance Rate Map (FIRM):
Cl. "Base Flood"means a flood which has a one percent,chance of beim equaled or exceeded;
in any given year (also called the "100-year flood"). Base flood is the term used throughout this
Chapter.
H. `"Basement" means any area of the building having its floor subgrade (below ground
level) on all sides.
1, "Breakaway walls" means any type of wall, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which
is not part of the structural support of the building and which is designed to break: away under
abnormally high tides or wave action without causing any damage to the structural integrity of the
building on which it is used or any buildings to which it might be carried by flood waters. A
breakaway wall shall have a safe design loading resistance of not less than ten and no more than
twenty pounds per squarefoot, Use of breakaway walls-shall be certified by a registered engineer
or architect and shall meet the following conditions:
1. Breakaway wall collapse shall result from a water load less than that which would
occur during, the base flood, and
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2. The elevated portion of the building shall not incur any structural damage due to
the effects of wind and water loads acting simultaneously in the event of the base flood.
J. "Development" means any matimade change to improved or unimproved real estate
including, but not limited to, buildings, structures, mining, dredging, filling, grading, paving,
excavation or drilling operations,
K. "Encroachment" means the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a floodplainwhich may impede or
alter the flow capacity of a floodplain.
L. "Existing manufactured home park or subdivision"means 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 this Chapter.
M. "Expansion to an existing manufactured home park or subdivision" means 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).
N "Flood, flooding, or flood water" means:
I. a= general and temporary condition of partial or complete inundation of
normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid
accumulation or runoff of surface waters from any source; and/or mudslides (ie., mudflows)--see
"Mudslides;" and
1 the condition resulting frorn flood-related erosion - see "Flood-related
erosion."
0. "Flood boundary and floodway map" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated both the areas
of flood hazard and the floodway.
P "Flood insurance rate map" means the official map on which the Federal Emergency
'k,lanagement Agency or Federal Insurance Administration has delineated both the areas of special
flood hazards and the risk of premium zones applicable to the City.
Q "Flood insurance study"means the official report provided by the Federal Insurance
Administration that includes flood profiles, the FIRM, the flood boundary and floodway map and
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the water surface elevation of the base flood
R. ` Floodplain" or "flood prone area' means any land area susceptible to being
inundated by water from any source _ see "Flooding."
S. "Floodplain ,Administrator"means the City's Chief Building Official,
T. "Floodplain management"means the operation of an overall program of corrective
and preventive treasures for reducing flood damage, 'including but not limited to, emergency
preparedness plans, flood control works and floodplain management regulations.
U "Floodplain management regulations" means the City's zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances and other
police power regulations
"Flood proofing."means any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood damage to real estate or
improved real property, eater and sanitary facilities, structures and their contents;
W "Flood,-related erosion"means the collapse or subsidence of land along the shore of
a lake or ether body of water as a:result of 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 a flash
flood or an abnormal tidal surge,or by some similarly unusual and unforeseeable event which results
inflooding.
X. "Floodway" means the channel of;a river or other watercourse and the adjacent land
areas that Must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
Y. "Floodway, encroachment lines"means the lines marking the limits of floddwa s on
Federal, state and local floodplain neaps.
Z. -Floodway fringe" is that area of the floodplain on either side of the "Regulatory
Floodway"where encroachment may be permitted.
AA. "Fraud and victimization"as related to Section ti, 'variances,of this Chapter, means
that the variance granted roust:not cause fraud on or victimization of the public. In examining this
requirement, the City will consider the fact that every newly constructed building adds to
Bove rent responsibilities and remains a part of the City for fifty=to one-hundred years, Buildings-
that are permitted to be constructed below the base flood elevation are subject during all those years-
to increased risk of damage from floods,while future owners of the property and the City as a whole
are sul?lect to all the costs, inconvenience,danger,and suffering that those increased flood damages
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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.
13B. "Functionally dependent use" means the use which cannot perform, its intended
purpose unless it is located and carried out in close proximity to water.
CC, '*Governing body" means the City Council of the City of Redlands.
M "Highest adjacent grade"means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
EE "Historic structure"means any structure that is
1. listed individually in the National Register of Historic Places(a listing maintained
by the Department of Interior)or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
2. certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualiA, 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.
FF. "Lowest floor" means the lowest floor of the lowest enclosed area, including
basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles,building
access or storage in an area other than a basement area (see "Basement") is not considered a
building's lowest floor-, provided, that such enclosure is not built so as to render the structure in
violation of the applicable non-elevation design requirements of this ordinance, (Note: This
definition allows attached garages to be,built at grade. Below grade garages are not allowed as they
are considered to be basements.)
GG "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
attached to the required utilities. The term "manufactured home"does not include a "recreational
vehicle."
HH. "Manufactured home park or subdivision"means a parcel (or contiguous parcels) of
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land divided into two or more manufactured home lots for rent or sale.
11, "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 elevation
shown on the City's flood insurance rate map are referenced.
ji, "Mudslide (ie., dflow)prone area"means an area with land surfaces and slopes
of unconsolidated material where the history, geology, and climate indicate a potential for mudflow,
KK. "New construction"for floodplain management purposes,means structures for which
the "start of construction" commenced on or after the effective date of floodplain management
regulations adopted by the City. and includes any subsequent improvements to such structures,
LL "New manufactured home park or subdivision"means 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 the City.
MM. "One hundred year flood"means a flood that has a one percent annual probability of
being equated or exceeded. It is identical to the term "base flood," which is used throughout this
Chapter,
NN. "Person" means an individual or his agent, firm, partnership, association or
corporation,or agent of the aforementioned groups,the state, its agencies and political subdivisions.
00 "Principal structure" means a structure used for the principal use of the property as
distinguished from an accessory use,
PP. "Recreational vehicle" means a vehicle which is
1. built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal prQjection;
I designed to be self-propelled or pen-nanently towable by a light-duty truck-,
and
4. designed primarily not for use as a penrianent dwelling but as temporary
living quarters for recreational, camping, travel. or seasonal use.
Q. "Remedy a violation- means to bring a structure or other development into
compliance with this Chapter or. if that is,not possible, to reduce the impacts of its noncompliance.
Ways that impacts may be reduced include protecting the, structure or other affected development
from flood damages, implementing the enforcement provisions of this Chapter or otherwise deterring
future similar violations, or reducing federal financial exposure with regard to the structure or other
development.
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RR. "Riverine"means relating to formed by or resembling a river(including tributaries),
stream or brook.
SS. "Special flood hazard area"mans an area having special flood or flood-related erosion
hazards, and shown on an FHBM or FIRM as Zone, AO, Al-30, AE, or A.
TT. "Start of construction" includes substantial improvement, and means the date the
building permit was issued; provided, the actual start of construction, repair, reconstruction,
placement or other improvement was within one hundred eighty 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 ,vork beyond
the stage of excavation or the placement of manufactured home on a foundation. "Permanent
construction'*does not include land preparation, such as clearing, grading and filling,the installation
of streets and/or walkways, the excavation of basements, footings, piers or foundations or the
erection of temporary forms; not does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwellings units or not part of the main structure.
UU. "Structure" means a walled and roofed building, including a gas or liquid storage
tank, that is principally aboveground, including manufactured homes.
V . "Substantial damage" means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent
of the market value of the structure before the damage occurred.
WW. "Substantial improvement" means any reconstruction, rehabilitation, addition, or
other proposed new development of a structure, the cost of which equals or exceeds 50 percent of
the market value of the structure before the "start of construction" of the improvement. This term
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 or
state of local health, sanitary, or safety code specifications which have been identified by the City
and which are the minimum necessary to assure safe living conditions, or
2, any alteration of an"historic structure," provided that the alteration will not
preclude the structure's continued designation as a"historic structure,"
XX "Variance" means a grant of relief from the requirements of this Chapter which
permits construction in a manner that would otherwise be prohibited by this Chapter.
YY' "Violation"means the failure of a structure or other development to comply with the
provisions ofthis Chapter. A structure or other development without the elevation certificate, other
DJM834LE 7
certification, or other evidence of compliance required by this chapter is presumed to be in violation
until such time as that documentation is provided:
Z. ""Water surface elevation" means the height, in relation to the rational Geodetic
Vertical Datum(NG 'D)of 1929. (or the datum, where specified)of floods of various magnitudes
and frequencies in the flood plains of coastal or riverine are
AAA. "Watercourse" means a lake, river, creek, stream, wash, arroyo,channel or
other topographic feature on or over which waters floe at least periodically. Watercourse includes
specifically designated areas in which substantial flood damage may occur.
1 .32.0130 Applicability of chapter previsions.
This Chapter applies to all areas of special flood hazards within the jurisdiction of the City.
15-32,040 Establishment of ares of special flood hazard
The areas of special flood hazard, identified by the Federal Insurance Adm, inistration(FIA)
of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FII )date
September"16, 1988 and the Flood Insurance Rate Map(FIRM), date September 16, 1988, and all
subsequent amendments anchor revisions, are hereby adopted by reference and declared to be a part
of this Chapter. This Flood Insurance Study(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 by the Chief
Building Official.
1 .3 . 50 Compliance required,
No structure or land shall hereafter be constructed, located, extended, converted or altered
without full compliance with the provisions of this Chapter. Any violation 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 be a misdemeanor. clothing in this
Chapter shall prevent the City from taking any action necessary to prevent or remedy a violation.
1531060 Abrogation or greater restrictions.
This Chapter is not intended to repeal,abrogate or impair any existing easements,covenants
or deed restrictions.
15.3)2.0 70 Interpretation,
In the interpretation and application of this Chapter, all prov=isions shall be considered as
nrinfinum requirements,, liberally construed`in favor of the City, and deemed neither to limit nor
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repeal any other powers granted under state statutes.
15.31080 Warning and disclaimer of liability.
The degree of flood protection required by this Chapter is considered reasonable for
regulaton,purposes and is based on scientific and engineering considerations. Larger floods can and
will occur on occasions and flood heights may be increased by matimade or natural causes. This
Chapter does not imply that land outside the area of special flood hazards, or uses permitted within
such areas will be free ftorn flooding or flood damages. This Chapter shall not create liability on
the part of the City, any elected official, officer or employee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance on this Chapter or any rule or
regulation made pursuant to this Chapter.
15.32.090 Development permit--Required--Application.
A development permit shall be obtained before construction or development begins within
any area of special flood hazards. Application for a development permit shall be made on forms
furnished by the Chief Building Official 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; provided, however, the following information is required:
A. Proposed elevation in relation to mean sea level,of the lowest floor(including basement)
of all structures;in zone AO, elevation of highest adjacent grade and proposed elevation of lowest
floor of all structures;
B, Proposed elevation in relation to mean sea level to which any structure will be flood
proofed; and
C. Description of the extent to which any watercourse will be altered or relocated as a result
of proposed developnient.
15,32)-100 Chief Building Official--Duties and responsibilities.
A. The Chief Building Official shall administer and implement this Chapter by granting
or denying development permits in accordance with its provisions.
L_
B. The duties and responsibilities of the Chief Building Official shall include, but not
be limited to-,
I Pen-nit Review.
a. Review all development permits to determine that the permit requirements
DJM834LE 9
of this Chapter have been satisfied;
b. Ensure that all other state and federal permits have been obtained;
C. Deternime that the site is reasonably safe from flooding;
d. Require until a regulatory flood-way is designed, that no new construction;
substantial improvements or ether development(including fill)shall be permitted within Zones -310
and E on the community"s FIRM, unless it is demonstrated 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 lyase flood more than one foot at any point within the City.
2' When base flood elevation data has not been provided in accordance with this
Chapter, the Chief building Official shall obtain reviews and utilize any base flood elevation and
floodway data available from federal,;state or ether sources, in order to administer the provisions of
this Chapter.
3. Notify adjacent communities and the California Department; of Fater
Resources prior to the alteration or relocation of any watercourse, submit evidence of such,
notification to the Federal Insurance administration and require that the flood carrying capacity o
the altered or relocated portion of the watercourse in maintained.
. Obtain and maintain for public inspection and Hoare available as heeded all
certifications required by this Chapter;
5 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). Any persona contesting the location of a boundary
shall be given a reasonable opportunity to appeal the interpretation as provided in article VI of this
Chapter.
o. Take action to'remedy violations of this Chapter.
15.321.110 Construction standards.
In all areas of special flood hazards the following standards are required:
A. Anchoring.
I. All new construction and substantial improvements shall be anchored to
prevent flotation, collapse or lateral movement of the structureresulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy.
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2. All manufactured homes shall meet the anchoring standards of Section
153)2.140 of this Chapter.
B. Construction Materials and Methods.
1. All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
11
All new construction an substantial improvements shall be constructed using
methods and practices that minimize flood damage.
3. All new construction and substantial improvements shall be constructed 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.
4. Within zone AO,adequate drainage paths around structures on slopes to guide
flood waters around and away from proposed structures.
C. Elevation and Flood proofing.
I;. New construction and substantial improvement of any structure shall have the
lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential
structures may meet the standards in subsection 3 of this section. 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 Chief Building Official to be properly elevated.
2. New construction and substantial improvement of any structure in zone AO
shall have the lowest floor, including basement, elevated above the highest adjacent grade at least
as high as the depth under specified in feet on the FIRM, or a least two feet if no depth number is
specified. Nonresidential structures may meet the standards in subsection 3 of this section. Upon
the completion of the structure,the elevation of the lowest floor including basement shall be certified
by a registered professional engineer or surveyor.
t:� , or by the Chief Building Official to be properly
elevated.
3. Nonresidential construction shall either be elevated in conforinance with
subsection I or 2 of this section or together with attendant utility and sanitary facilities be flood
proofed so that below the base flood level the structure is watertight with walls substantially
impermeable to the passage of water., have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy, and be certified by a registered professional
engineer or architect that the standards of this subsection are satisfied. Such certifications shall be
provided to the Chief Building Official.
OJWULE
4Require, 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 shall either be certified by a registered professional engineer
or architect or meet or exceed the following minimum criteria:
a. 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 suhiect to flooding shall be provided.
'rhe bottom of all openings shat I 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 flood waters; or
b. Be certified to comply with a local Flood proofing standard approved
by the Federal Insurance Administration,
5. Manufactured homes shall satisfy the standards in Section 15.32.140;
provided, however, that any manufactured homes, including mobile homes, which were lawfully
placed prior to the effective date of the ordinance codified in this Chapter and which were destroyed
by fire., severe weather or acts of God,other than floods,may be replaced on piers and/or foundations
as originally constructed on existing terrain.
15.32.120 Utility standards.
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.
15_32.130 Subdivision standards.
A. All preliminary subdivision proposals shall identify the flood hazard area and the
elevation of the base flood.
B. All final subdivision plans shall provide the elevation of proposed structures(s) and
pads. Ifthe site is filled above the base flood, the final pad elevation shall be certified by a
registered professional engineer or surveyor and provided to the Chief Building Official.
C. All subdivision proposals shall be consistent with the need to minimize flood damage.
D: All subdivision proposals shall have public utilities an facilities such as sewer, gas.,
electrical and water systems located and constructed to minimize flood damage.
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E All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
15.32.1411 Standards for Manufactured Homes,
A. All manufactured homes that are placed or substantially improved within a special flood
hazard area on the community's Flood Insurance late Map 1) outside of a manufactured home part
or subdivision.`?)in a new manufactured home pari or subdivision, 3) in an expansion to an existing
manufactured home park or subdivision, ) in an existing manufactured home park or subdivision
on which a manufactured home has incurred "substantial damage" as the result of a
flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home
is elevated to or above the base flood elevation and be securely anchored to an adequately anchored
foundation system to resist floatation collapse and lateral movement.
B3 All manufactured homes to be placed:or substantially improved on sites in an existing;
manufactured home park or subdivision on the community's Flood Insurance Rate Map that are not
subject to the provisions of paragraph A of this suction will be elevated so that either;
1, The lowest floor of the manufactured home is at or above the base flood elevation,
or
2; The manufactured horde chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no-less than. 36 inches in height above<
grade and be securely anchored to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement..
15.311 Standards for recreational vehicles.
All recreational vehicles placed on sites within a floodplain shote°n on the City's Flood
Insurance Rate Map will either
A, Be on the site for fewer than 180 consecutive days,
B Be fully licensed and ready for highway use; or
C Meet the permit requirements of this Chapter and the elevation and anchoring
requirements for manufactured homes in 15,32.1 40 of this Chapter.
15,32,150 Floodwa s,
Located within areas of special flood hazard established i]1 Section 15,3 .040 of this Chapter
are areas designated as floodways. Because the floodway is an extremely hazardous area due to the
velocity of flood waters which earn, debris, potential projectiles and erosion potential, the follo'.N ng
provisions shall apply:
DJM834LE 1
A. Prohibit encroachments, including fill,new construction, substantial improvements, and
other development unless certification by a registered professional engineer or architect is provided
demonstrating that encroachments shall not result in any increase in flood levels during the
occurrence of the base flood discharge.
B. If this section is satisfied, all new construction and substantial improvements shall
comply with all other applicable flood hazard reduction provisions of this Chapter,
15.32.160 Appeals board.
A� The Planning Commission shall hear and decide all appeals and requests for variances
from the requirements of this Chapter when it is alleged that there is an error in any requirement,
decision or determination made by the Chief Building Official in the enforcement or administration
of this Chapter. In passing upon such applications, the Planning Commission shall consider all
technical evaluations, all relevant factors, standards specified in other provisions of this Chapter,
and:
1. The danger that materials may be swept onto other lands to the injury of others,
2. The danger of life and property due to flooding or erosion damage-,
3. The susceptibility of the proposed facility and its contents to flood damage on the
individual owner-,
4. The importance of the services provided by the proposed facility to the
community-,
5. The necessity for the facility of a waterfront location, where applicable-,
6. The availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
7. The compatibility of the proposed use with existing an anticipated development;
8, The relationship of the proposed use to the comprehensive plat) and floodplain
management program for that area;
9. The safety of access to the property in time of flood for ordinary and emergency
veltieles;
10. The expected heights, velocity, duration, rate of rise, and sediment transport of
the flood waters expected at the site; and
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11.The costs of providing overnmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and
water system, and streets and bridges.
B. Generally, variances mai be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by
lots with existing structures constructed below the base flood level,providing article IV and V have
been fully considered, As the lot size increases beyond one-half acre, the tecl- ical justification
required for issuing the variance increases;
C: Upon consideration of the factors listed in this section and the purposes of this
Chapter, the Planning Commission may attach such conditions to the granting of variances as it
deems necessary to further the purposes of this Chapter. The Chief Building Official shall maintain
the records of all appeal actions and report any variances to the Federal Insurance Administration
upon request.
1 5.3`x'.170 Variance conditions:
A. Variances may be issued for the reconstruction, rehabilitation or restoration,of
structures listed in the National Register of Historic Places or the Mate Inventory of Historic Places,
without regard to the procedures set forth in the remainder of this section.
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 upon an determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief:
D. Variances shall e 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 variance would not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create nuisances, cause
fraud-ora or victimization of, the public or conflict with existing local laws or ordinances.
E Variances may be; issued fear new construction and substantial improv=ements and for
other development necessary for the conduct of a lunctionallyx dependent use.- provided, that the
provisions of this article 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.
DJM834LE 15.
safety.
F Any applicant to whom a variance is grated 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 Chief
Building Official in the office of the County Recorder for San Bernardino County and shall be
recorded in a manner so that it appears in the chain of title to the affected parcel of land."
Section 2, The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City and there-after, this
ordinance shall take effect as provided by law,
ayor of the City of Redlands
ATTEST:
A�'t
City �Ierk
1, Lorric Poyzer, Cloy Clerk, of the City of Redlands, hereby certify that the foregoing ordinance was
duty adopted by the City Council at a regular meeting thereof held on the 5th day of March, 1996,
by the following vote-
AYESCouncilmembers Gilbreath, Cunningham, Gil, Banda; Mayor Larson
NO None
ABSTAIN- None
A B S ENTT: None
C,r—i
DJ 834L 16