Chino Hills Municipal Code Art. IV Administration

A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Article III, Section 15.12.070. 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. Site plan, including but not limited to:

1. For all proposed structures, spot ground elevations at building corners and twenty (20) foot or smaller intervals along the foundation footprint, or one foot contour elevations throughout the building site;

2. Proposed locations of water supply, sanitary sewer, and utilities;

3. If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map;

4. If applicable, the location of the regulatory floodway; and

B. Foundation design detail, including but not limited to:

1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

2. For a crawl-space foundation, location and total net area of foundation openings as required in Article V, Section 15.12.170.C.3 of this chapter and FEMA Technical Bulletins 1-93 and 7-93;

3. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety-five (95) percent using the Standard Proctor Test method); and

C. Proposed elevation in relation to mean sea level to which any nonresidential structure will be flood proofed, as required in Article V, Section 15.12.170.C.2 of this chapter and FEMA Technical Bulletin TB 3-93;

D. All appropriate certifications listed in Article IV, Section 15.12150.D of this chapter; and

E. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(Ord. 191 § 1 (part), 2006)

The City Engineer is appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.

(Ord. 191 § 1 (part), 2006)

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following.

A. Permit Review. Review all development permits to determine that:

1. Permit requirements of this chapter have been satisfied;

2. All other required state and federal permits have been obtained;

3. The site is reasonably safe from flooding; and

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 increase the water surface elevation of the base flood more than one foot at any point.

B. Review, Use and Development of Other Base Flood Data.

1. When base flood elevation data has not been provided in accordance with Article III, Section 15.12.070, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Article V. Any such information shall be submitted to the City Council for adoption; or

2. If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Article V:

a. Simplified Method.

i. One hundred (100) year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge-drainage area method; and

ii. Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

b. Detailed Method.

i. One hundred (100) year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers' HEC-HMS computer program; and

ii. Base flood elevation shall be obtained using the U S Army Corps of Engineers' HEC-RAS computer program

C. Notification of Other Agencies. In alteration or relocation of a watercourse:

1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

2. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

4. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional Letter of Map Revision, construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading, and filling. Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of Map Revision.

D. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available, as needed, the following:

1. Certification required by Article V, Section 15.12.170.C.1 and 15.12.200 (lowest floor elevations);

2. Certification required by Article V, Section 15.12.170.C.2 (elevation or flood proofing of nonresidential structures);

3. Certification required by Article V, Sections 15.12.170.C.3 (wet floodproofing standard);

4. Certification of elevation required by Article V, Section 15.12.190.B (subdivision standards);

5. Certification required by Article V, Section 15.12.220 (floodway encroachments).

E. Map Determinations Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article VI.

F. Remedial Action. Take action to remedy violations of this chapter as specified in Article III, Section 15.12.080.

G. Zone AR Duties.

1. Use the adopted official map or legal description of those designated developed areas within Zone AR, AR/AR1-30, AR/AE, AR/AH, AR/A, or AR/AO as defined in Article II to determine if a proposed project is in a developed area.

2. Determine the base flood elevation to be used for individual projects within developed areas, areas not designated as developed areas, and dual zone areas (see Article V, Section 15.12.230)

3. Require the applicable standards in Article V.

4. Provide written notification to the permit applicant that the area has been designated as a Zone AR, AR/A1-30, AR/AE, AR/AH, AR/AO, or AR/A and whether the structure will be elevated or protected to or above the AR base flood elevation.

H. Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:

1. Estimate the market value or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.

2. Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure.

3. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

4. Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.

(Ord. 191 § 1 (part), 2006)

(Ord. No. 408, §§ 6, 7, 4-23-2024)

The City Council of the City of Chino Hills shall hear and decide appeals 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.

(Ord. 191 § 1 (part), 2006)