§ 19.62

The purpose of this Chapter is to establish a permit process to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas through 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, generally undertaken at the expense of the general public.

D.

Minimize prolonged business interruptions.

E.

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and 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 blighted areas caused by flood damage.

G.

Ensure that potential buyers are notified that property is in an area of special flood hazard.

H.

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Additional definitions may be found in Chapter 19.06 (Definitions).

A.

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) was completed before November 8, 1988 (see Ordinance No. 39).

B.

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).

C.

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) was completed on or after November 8, 1988 (see Ordinance No. 39).

The legislature of the state of California has in Government Code Sections 65302 and 65560 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the City does hereby adopt the following floodplain management regulations.

A.

Findings of Fact:

1.

The flood hazard areas in the City are subject to periodic inundation, which can 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.

2.

These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. In special flood hazard areas, the cumulative effect of obstructions which increase flood heights and velocities also contribute to the flood loss.

To accomplish its purposes, this Chapter includes methods and provisions to:

A.

Restrict or prohibit 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.

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

C.

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters.

D.

Control filling, grading, dredging and other development that may increase flood damage.

E.

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

This Chapter shall apply to all areas of special flood hazards within the City's jurisdiction. Special consideration and development standards shall be applied to properties that are located within FEMA's 100-year Floodplain Overlay and the Indian Cove/Mesquite Drainage Area Overlay.

The areas of special flood hazard identified by FEMA's Federal Insurance Administration in the San Bernardino County and incorporated areas Flood Insurance Study (FIS) dated March 18, 1996, as may be updated from time to time and accompanying Flood Insurance Rate Map (FIRM) dated March 18, 1996, as may be updated from time to time and all subsequent amendments and/or revisions are hereby adopted by reference and declared to be a part of this Chapter. The FIS and attendant mapping is the minimum area of applicability of this Chapter and may be supplemented by studies for other areas that would require implementation of this Chapter, and are recommended to the City Council by the Floodplain Administrator. Per Section 19.62.130 (Designation of the Floodplain Administrator), the Community Development Director is the Floodplain Administrator. The FIS and FIRM are on file in the Community Development Department.

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. Violation of the 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.

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.

In the interpretation and application of this Chapter, all provisions shall be:

A.

Considered minimum requirements.

B.

Liberally construed in favor of the governing body.

C.

Deemed neither to limit nor repeal any other powers granted under state statutes.

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, any officer or employee thereof, the state of California, or the Federal Insurance Administration for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made hereunder.

This Chapter and the various parts thereof are hereby declared to be severable. Should any section of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 19.62.060 (Basis for Establishing the Areas of Special Flood Hazard). 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 or 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 in Zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; or

B.

Proposed elevation in relation to mean sea level to which any structure will be floodproofed, if required in Subsection 19.62.160.D (3); and

C.

All appropriate certifications as required by this Chapter; and

D.

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

19.62.130 - Designation of the Floodplain Administrator

The Community Development Director is hereby appointed to administer, implement and enforce this Chapter by granting or denying development permits in accord with its provisions.

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

A.

Permit Review. The Floodplain Administrator shall 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.

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 1 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 19.62.060 (Basis for Establishing the Areas of Special Flood Hazard), 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 Section 19.62.060. Any such information shall be submitted to the City for adoption.

C.

Notification of Other Agencies.

1.

Alteration or relocation of a watercourse:

a.

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

b.

Submit evidence of such notification to FEMA.

c.

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

2.

Base flood elevation changes due to physical alterations:

a.

Within six months of information becoming available or project completion, whichever comes first, the Floodplain Administrator shall submit or ensure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).

b.

All LOMRs for flood control projects are approved prior to the issuance of Building Permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

3.

Changes in corporate boundaries. FEMA shall be notified in writing whenever the corporate boundaries have been modified by annexation or other means; a copy of a map of the community clearly delineating the new corporate limits will be included.

D.

Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed all certifications as required by this Chapter.

E.

Map Determinations. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 19.62.150 (Appeals).

F.

Remedial Action. Take action to remedy violations of this Chapter as specified in Section 19.62.070 (Compliance).

The City Council 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 Development Code.

19.62.160 - Provisions for Flood Hazard Reduction

A.

A hydrological study shall be required for all locations in the 100-year flood plain zones.

B.

Standards of Construction. In all areas of special flood hazards the following standards are required:

1.

Anchoring.

a.

All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

b.

All manufactured homes shall meet the anchoring standards of Subsection 19.62.160.F (Standards for Subdivisions).

C.

Construction Materials and Methods. All new construction and substantial improvement 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; and if

4.

Within Zones AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

D.

Elevation and Floodproofing. (See Chapter 19.06 Definitions for "new construction," "substantial damage" and "substantial improvement".)

1.

As described below, residential construction, new or substantial improvement, shall have the lowest floor, including basement elevation as follows:

a.

AO zone. Elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least 2 feet above the highest adjacent grade if no depth number is specified.

b.

A or AE zones. Elevated to or above the base flood elevation, as determined by FEMA.

2.

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 inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.

3.

Nonresidential construction shall either be elevated to conform with Subsection 19.62.160.D (1), or together with attendant utility and sanitary facilities, and shall:

a.

Be floodproofed to the elevation recommended under Subsection 19.62.160.D (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.

c.

Be certified by a registered professional engineer or architect that the standards of this Subsection 19.62.160.D (3) are satisfied. Such certification shall be provided to the Floodplain Administrator.

4.

All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding 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 floodwater. Designs for meeting this requirement must exceed the following minimum criteria:

a.

Be certified by a registered professional engineer or architect; or

b.

Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration; or

c.

Have a minimum of two openings having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than 1 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 floodwater.

5.

Manufactured homes shall also meet the standards in Subsection 19.62.160.G.

E.

Standards for Utilities.

1.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

a.

Infiltration of floodwaters into the systems.

b.

Discharge from the systems into floodwaters.

2.

On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

F.

Standards for Subdivisions.

1.

All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

2.

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.

3.

All subdivision proposals shall be consistent with the need to minimize flood damage.

4.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

5.

All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

G.

Standards for Manufactured Homes.

1.

All manufactured homes as designated below that are placed or substantially improved shall 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 flotation collapse and lateral movement:

a.

Within Zones AE on the community's FIRM, on sites located

i.

Outside of a manufactured home park or subdivision,

ii.

In a new manufactured home park or subdivision,

iii.

In an expansion to an existing manufactured home park or subdivision, or

2.

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. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones AE on the community's FIRM that are not subject to the provisions of Subsection 19.62.160.G (1) will be elevated so that either:

a.

Reserved.

b.

The lowest floor of the manufactured home is at or above the base flood elevation, or

c.

The manufactured home 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 securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

H.

Standards for Recreational Vehicles.

1.

All recreational vehicles placed on sites within Zones AE on the community's FIRM will either:

a.

Be on the site for fewer than 180 consecutive days,

b.

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

c.

Meet the permit requirements of Section 19.62.120 (Establishment of Development Permit) and the elevation and anchoring requirements for manufactured homes in Subsection 19.62.160.G (1).

I.

Floodways. Located within areas of special flood hazard established in Section 19.62.060 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply.

1.

Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the City.

2.

Within an adopted regulatory floodway, the City shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

3.

If Subsections 19.62.160.I (1-2) are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 19.62.160.

J.

Hazardous Materials Storage. New facilities that use or store hazardous materials in quantities that would place them in the state's TRI or SQG databases shall be prohibited from being located in the flood zone (Zones A, AO and X), unless all standards of elevation, anchoring and floodproofing have been implemented to the satisfaction of the City's Building Department and the Twentynine Palms Fire Department.

K.

Critical Facilities. All essential and critical facilities (including, but not limited to, essential City offices and buildings, medical facilities, schools, child care centers and nursing homes) in or within 200 feet of Flood Zones A, AO and X shall develop disaster response and evacuation plans that address the actions that will be taken in the event of flooding.

A.

Nature of Variances. The variance criteria set forth in this Section of the Chapter are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this Chapter would create an exceptional hardship to the applicant or the

surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

B.

It is the duty of the City Council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this Chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

A.

In evaluating requests for variances, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter, and the following:

1.

Danger that materials may be swept onto other lands to the injury of others.

2.

Danger to life and property due to flooding or erosion damage.

3.

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property.

4.

Importance of the services provided by the proposed facility to the community.

5.

Necessity to the facility of a waterfront location, where applicable.

6.

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

7.

Compatibility of the proposed use with existing and anticipated development.

8.

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

9.

Safety of access to the property in time of flood for ordinary and emergency vehicles.

10.

Expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.

11.

Costs of providing governmental 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.

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

1.

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for every $100 of insurance coverage.

2.

Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the San Bernardino County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

C.

The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in the biennial report submitted to the Federal Insurance Administration.

A.

Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of .5 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of this Chapter

have been fully considered. As the lot size increases beyond .5 acre, the technical justification required for issuing the variance increases.

B.

Variances may be issued for the repair or rehabilitation of historic structures (as defined in Section 19.06.080) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

C.

Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

D.

Variances shall only be issued upon a determination that the variance is the "minimum necessary," considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this Chapter. For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City Council believes will both provide relief and preserve the integrity of the local ordinance.

E.

Variances shall only be issued upon:

1.

A showing of good and sufficient cause.

2.

The determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section 19.06.080 of this Development Code) to the applicant.

3.

The determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in Section 19.06.160; see "Public safety and nuisance"), cause fraud or victimization of the public, or conflict with existing local laws or ordinances.

F.

Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Section 19.62.190.A through E are satisfied, and that the structure or other development is protected by

methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

G.

Upon consideration of the factors of Section 19.62.180.C, and the purposes of this Chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter.

Chapter 19.64 - Hillside Grading, Clearing and Plant Removal