Victorville Municipal Code Art. 16 Flood Damage Prevention

The Legislature of the State of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local government units' authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the City Council of the City does adopt the following floodplain management regulations.

(a) The flood hazard areas of the City are subject to periodic inundation which results 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, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to the flood loss.

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 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 flood blighted areas caused by flood damage;

(g) Ensure that potential buyers are notified that property is in an area of special flood hazard; and

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

In order 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 which may increase flood damage; and

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

(a) Lands to Which This Chapter Applies. This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the City.

(b) Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the San Bernardino County and incorporated areas flood insurance study (FIS), dated September 2, 2016, and accompanying flood insurance rate map (FIRM), dated September 2, 2016, and all subsequent amendments and/or revisions are 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 that allow implementation of this Chapter and are recommended to the City Council by the floodplain administrator. The FIS and FIRM are on file in the office of the floodplain administrator at 14343 Civic Drive, Victorville, California.

(c) 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 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.

(d) 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.

(e) Interpretation. In the interpretation and application of this Chapter, all provisions shall be:

(1) Considered as minimum requirements;

(2) Liberally construed in favor of the governing body; and

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

(f) 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, any officer or employee thereof, the State, 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.

(g) Severability. This Chapter and the various parts thereof are 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 this Chapter as a whole, or any portion thereof other than the Section so declared to be unconstitutional or invalid.

(Ord. No. 2361, § 3, 12-20-16)

(a) Establishment of Development Permit. A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 16-5.16.050(b). 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:

(1) 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

(2) Proposed elevation in relation to mean sea level to which any nonresidential structure will be flood-proofed, if required in Section 16-5.16.070 (c)(3); and

(3) All appropriate certifications listed in subsection (c)(4) of this Section;

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

(b) Designation of the Floodplain Administrator. The Building Official is appointed to administer, implement and enforce this Chapter by granting or denying development permits in accordance with its provisions.

(c) Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to:

(1) Permit Review. Review all development permits to determine that:

(i) Permit requirements of this Chapter have been satisfied,

(ii) All other required State and Federal permits have been obtained,

(iii) The site is reasonably safe from flooding, and

(iv) 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 floods more than one foot at any point.

(2) Review and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 16-5.16.050(b), 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 Sections 16-5.16.070 through 16-5.16.140. Any such information shall be submitted to the City Council for adoption.

(3) Notification of Other Agencies. In alteration or relocation of a watercourse:

(i) Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation;

(ii) Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

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

(4) Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

(i) Certification required by Section 16-5.16.070(c)(1) (lowest floor elevations);

(ii) Certification required by Section 16-5.16.070(c)(2) (elevation or flood-proofing of nonresidential structures);

(iii) Certification required by Section 16-5.16.070(c)(3) (wet flood-proofing standard);

(iv) Certification of elevation required by Section 16-5.16.090(b) (subdivision standards);

(v) Certification required by Section 16-5.16.120(a) (floodway encroachments);

(vi) Reports required by Section 16-5.16.130 (mudflow standards).

(A) Map Determinations. 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 Section 16-5.16.160.

(B) Remedial Action. Take action to remedy violations of this Chapter as specified in Section 16-5.16.050(c).

(d) Appeals. 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 of administration of this Chapter.

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 16-5.16.100.

(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;

(4) Within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

(c) Elevation and Flood-proofing. (See definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement.")

(1) Residential construction, new or substantial improvement, shall have the lowest floor, including basement:

(i) In an 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 two feet above the highest adjacent grade if no depth number is specified;

(ii) In an A zone, elevated to or above the base flood elevation, as determined by the City;

(iii) In all other zones, elevated to or above the base flood elevation. Upon the completion of the structure, the elevation of the lowest floor including basements shall be certified by a registered professional engineer or surveyor, or verified by the City Building Inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.

(2) Nonresidential construction, new or substantial improvement, shall either be elevated to conform with subsection (c)(1) of this Section or together with attendant utility and sanitary facilities:

(i) Be flood-proofed below the elevation recommended under subsection (c)(1) of this Section so that the structure is watertight with walls substantially impermeable to the passage of water;

(ii) Have structural components capable of restricting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(iii) Be certified by a registered professional engineer or architect that the standards of subsection (c)(2) of this Section are satisfied. Such certifications shall be provided to the floodplain administrator.

(3) All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basement) 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:

(i) Be certified by a registered professional engineer or architect; or

(ii) Have a minimum of two 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.

(4) Manufactured homes shall also meet the standards of Section 16-5.16.100.

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

(1) Infiltration of floodwaters into the system; and

(2) Discharge from systems into floodwaters.

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

(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 lowest floor pad elevation 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.

(d) All subdivision proposals shall have public 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.

(a) All manufactured homes that are placed or substantially improved, within zones A1-30, AH and AE on the City'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 so that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened 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 zones A1-30, AH and AE on the City's flood insurance rate map that are not subject to the provisions of subsection (a) of this Section will be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement and be elevated so that either the:

(1) Lowest floor of the manufactured home is at or 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 in height above grade.

(a) All recreational vehicles placed on sites within zones A1-30, AH and AE on the City's flood insurance rate map will either:

(1) Be on the site for fewer than one hundred eighty consecutive days and 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

(2) Meet the permit requirements of Section 16-5.16.060 of this Chapter and the elevation and anchoring requirements for manufactured homes in Section 16-5.16.100(a).

(b) Recreation vehicles placed on sites within the City's flood insurance rate map will meet the requirements of subsection (a) of this Section.

Located within areas of special flood hazard established in Section 16-5.16.050(b) 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:

(a) Prohibit encroachments, including fill, new construction, substantial improvement and other 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 elevations during the occurrence of the base flood discharge.

(b) If subsection (a) of this Section is satisfied, all new construction and substantial improvement and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Sections 16-5.16.070 through 16-5.16.140.

(a) The floodplain administrator shall review permits for proposed construction of other development to determine if it is proposed within a mudslide area.

(b) Permits shall be reviewed to determine that the proposed site and improvement will be reasonably safe from mudslide hazards. Factors to be considered in making this determination include but are not limited to the:

(1) Type and quality of soils;

(2) Evidence of ground water or surface water problems;

(3) Depth and quality of any fill;

(4) Overall slope of the site; and

(5) Weight that any proposed development will impose on the slope.

(c) Within areas which may have mudslide hazards, the floodplain administrator shall require that:

(1) A site investigation and further review be made by persons qualified in geology and soils engineering;

(2) The proposed grading, excavation, new construction and substantial improvement be adequately designed and protected against mudslide damages;

(3) The proposed grading, excavations, new construction and substantial improvement not aggravate the existing hazard by creating either on-site or off-site disturbances; and

(4) Drainage, planting, watering and maintenance not endanger slope stability.

(a) The floodplain administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas as known to the City.

(b) Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.

(c) If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosions hazard.

(d) Within zone E on the flood insurance rate map, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated "useful life" of structures, and depending upon the geologic, hydrologic, topographic and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only.

The variance criteria set forth in this Section of this 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.

It is the duty of the City 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 passing upon requests for variances, the City shall consider all technical evaluations, all relevant factors, standards specified in other Sections of the Chapter, and the:

(1) Danger that materials may be swept onto other lands to the injury of others;

(2) Danger to life and property due to the 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 alterative 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; and

(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 City 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 twenty-five dollars for one hundred dollars of insurance coverage; and

(2) Such construction below the base flood level increases risks to life and property. 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 issue, and report any variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

(a) Generally, variances may be issued for new construction, substantial improvement and other proposed new development 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, that the procedures of Sections 16-5.16.060 through 16-5.16.140 of this Chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

(b) Variances may be issued for the repair or rehabilitation of "historic structures" 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 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 believes will both provide relief and preserve the integrity of this Chapter.

(e) Variances shall only be issued upon a:

(1) Showing of good and sufficient cause;

(2) Determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(3) 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, 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 subsections (a) through (e) of this Section 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 16-5.16.160(a) and the purposes of this Chapter, the City may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter.