Wildomar Municipal Code Ch. 15.96 Flood Hazard Area Regulations

The ordinance codified in this chapter is adopted pursuant to the requirements of the National Flood Insurance Program, 42 United States Code 4001, et seq., as amended, including all regulations adopted pursuant thereto. The purpose of this chapter is to protect the public health, safety and welfare and minimize public and private costs caused by flooding by regulating development within flood hazard areas.

(Ord. 18 § 2, 2008, RCC § 15.80.010)

As used in this chapter, the following terms shall have the following meanings:

"Development"

means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

"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, either final site grading or pouring of concrete pads, and the construction of streets) is completed before July 5, 1979.

"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, either final site grading or pouring of concrete pads, or the construction of streets).

"Floodplain"

means the land areas that are subject to flooding from the 100 year flood, but not including any actual floodway.

"Floodway"

means the channel of a river or other watercourse and adjacent land areas necessary to discharge the waters from the 100 year flood without increasing the water surface elevation of that flood more than one foot at any one point; or that area identified by the United States Department of the Interior, Bureau of Reclamation as required to safely convey the levee-design flood of the Colorado River.

"Floodway fringe"

means the area along the Colorado River identified by the United States Department of the Interior, Bureau of Reclamation as subject to flooding but not required for the successful conveyance of the levee-design flood.

"Levee-design flood"

means flooding of the Colorado River equivalent to a flow rate of 75,000 cubic feet per second from the Palo Verde Diversion Dam to Taylor Ferry.

"Manufactured homes"

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.

"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, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after July 5, 1979.

"100-year flood/base flood"

means a flood that has a one percent chance of being equaled or exceeded in any given year.

"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 projection; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

"Structure"

means all buildings and structures, including agricultural buildings that require a registration certificate and manufactured homes.

"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% of the market value of the structure before the damage occurred.

"Substantial improvements/substantially improved"

means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% 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 include any alterations necessary to comply with state or local health, sanitary or safety code specifications or regulations, or any alterations of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

(Ord. 18 § 2, 2008, RCC § 15.80.020)

This chapter shall apply to all the following areas of the City:

A. The flood hazard areas shown on the maps prepared by the Federal Insurance Administration entitled "The Flood Insurance Study for the County of Riverside" dated October, 1979, with accompanying Flood Insurance Rate Maps and Flood Hazard Boundary Maps, including any amendments, revisions or additions thereto that hereafter go into effect pursuant to the provisions of the applicable Federal law;

B. The flood hazard areas shown on the maps prepared by the U.S. Army Corps of Engineers entitled:

1. Salt Creek (Hemet to Railroad Canyon Reservoir), June 1971,

2. San Gorgonio River and Smith Creek, June 1973,

3. San Gorgonio River and Tributaries, October 1974,

4. San Jacinto River (San Jacinto to Railroad Canyon), May 1970,

5. Santa Ana River (Imperial Highway to Prado Dam), June 1971;

C. The flood hazard areas shown on the map prepared by the Department of Water Resources of the State of California entitled "Riverside County Flood Hazard Investigation: Murrieta Creek" dated May, 1975;

D. The flood hazard areas shown on the maps prepared for Riverside County entitled:

1. Wildomar Valley, 100-year Flood Plain Limits, October 1979, as last revised May 1986,

2. Cactus Valley, 100-year Flood Plain and Floodway Limits, March 1980,

3. Cabazon Flood Study, Flood Hazard Areas, June 1980,

4. Lakeview & Sierra Vista Tracts, 100-year Floodplain Limits, October 1990;

E. Any maps of flood hazard areas hereafter adopted by resolution of the City Council after a public hearing on the proposed adoption.

(Ord. 18 § 2, 2008, RCC § 15.80.030)

Notwithstanding the provisions of any other ordinance to the contrary, within the City, no structure shall be constructed, located or substantially improved and no land shall be graded or developed, and no permit or approval shall be granted therefor, unless it complies with all the applicable requirements of this chapter and all other applicable ordinances. If there is any conflict in the requirements of this chapter or between the requirements of this and any other ordinance, the more stringent requirements shall apply.

(Ord. 18 § 2, 2008, RCC § 15.80.040)

A. Insofar as it is feasible, it is intended that the requirements of this chapter shall be integrated into the processing of applications for development permits under other City ordinances including, but not limited to, Chapter 5.52 and Titles 15 through 17 of this Code. When the information required, or the procedures involved, in the processing of such applications is not sufficient to assure compliance with the requirements of this chapter, a separate application shall be filed as hereinafter provided.

B. Whenever an application for a permit involves land which lies within the boundaries of any map referred to in Section 15.96.030, the department head that accepts the application shall determine if a separate application shall be filed. If a permit would allow the location of any structure or substantial improvement thereto, or allow the alteration of land by grading or otherwise, or allow the placement of a recreational vehicle pursuant to Section 15.96.060(B)(6), and the existing procedure does not provide for a specific recommendation by a flood control district, a separate application shall be filed by the applicant.

C. All separate applications shall be filed with the department head that accepts the basic application and shall be accompanied by a fee as set forth in Chapter 3.44. Sites on noncontiguous parcels shall require separate submittals. Each application shall contain plans which shall include the following:

1. A plat map drawn to scale of the property proposed to be developed showing location, type and use of any structures proposed, base flood elevation data, floodways and floodplains, including adjoining properties necessary to be shown for continuity;

2. Contours, with maximum interval of:

3. Elevations, in relation to mean sea level, of the area to be developed, including adjoining properties necessary to be shown for continuity. The elevation, in relation to mean sea level, of the lowest floor (including basement) of all new or substantially improved structures, and whether or not such structures contain a basement shall be stated;

4. The method by which the applicant proposes to comply with the requirements of this chapter, including proposed elevations of any structures or fills, floodproofing, any proposals to modify existing flow of stormwaters and any other relevant information. If any structure is to be floodproofed, the elevation, in relation to mean sea level, to which such structure is to be floodproofed shall be stated;

5. These plans shall be prepared and certified by a civil engineer registered in the State of California if the site lies within:

a. Zone AO, Zone AH, Zone AE, or Zone A1-30 on the City's Flood Insurance Rate Maps,

b. Jenson Creek or Millard Canyon Floodplains as shown on Cabazon Flood Study.

D. Upon acceptance of both applications as being complete for filing, the department head shall forward copies of the basic application and the separate application to the chief engineer of the Riverside County Flood Control and Water Conservation District, unless the proposed development lies within the area jurisdiction of the Coachella Valley County Water District, in which case it shall be forwarded to the general manager of that district.

E. Within 30 days of receipt thereof, the chief engineer or general manager, respectively, shall determine if any further information is required in order to process the application and, if required, shall inform the applicant or his/her representative by regular mail of the need for additional information.

F. Within 30 days after determining that all required information has been obtained, the chief engineer or general manager shall issue a report approving, with conditions or modifications, or denying the proposed plan.

G. The chief engineer and general manager shall maintain a record of all applications reviewed pursuant to this chapter.

(Ord. 18 § 2, 2008, RCC § 15.80.050)

Within the areas shown on the maps listed in Section 15.96.030, the following requirements shall apply:

A. Floodways. No structure shall be constructed, located or substantially improved and no land shall be graded or developed in the areas designated as floodways, except upon approval of a plan which provides that the proposed development will not result in any increase in flood levels during the occurrence of the base flood discharge. If a proposed permit qualifies for approval in the floodway, it shall then meet all the requirements necessary for approval of a permit in the floodplain area.

B. Floodplain. Within the areas shown on the maps listed in Section 15.96.030 as floodplains, all proposed developments shall meet the following requirements:

1. All permit applications shall be reviewed to determine whether proposed building sites will be reasonably safe from flooding. All new structures and substantial improvements to existing structures shall:

a. Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

b. Be constructed with materials resistant to flood damage;

c. Be constructed by methods and practices that minimize flood damages;

d. Be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

2. All subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, shall be reviewed to determine whether such proposals will be reasonably safe from flooding. All such proposals shall be reviewed to assure that:

a. Such proposal is consistent with the need to minimize flood damage;

b. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;

c. Adequate drainage is provided to reduce exposure to flood hazards.

3. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems.

4. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

5. All manufactured homes to be placed or substantially improved shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes shall:

a. Be elevated on a permanent foundation such that the lowest floor is at or above the base flood elevation; and

b. Be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements resisting wind forces.

c. The requirements of subdivisions (5)(a) and (b) of this subsection shall only apply to manufactured homes outside of a manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage.

6. All recreational vehicles to be placed shall 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 separate application requirements of subdivision (5)(b) of this subsection and the elevation and anchoring requirements for manufactured homes in subdivision 5 of this subsection.

7. Except as otherwise provided under subdivision 5 of this subsection, all new construction and substantial improvements of residential structures shall have the lowest floor (including basement) elevated to or above the base flood level.

8. All new construction and substantial improvements of nonresidential structures shall either: (a) have the lowest floor (including basement) elevated to or above the base flood level; or (b) together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

9. For all new construction and substantial improvements, 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 floodwaters. 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 shall be provided. 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.

10. Within any AO zone on the Flood Insurance Rate Maps, all new construction and substantial improvements of residential structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the Flood Insurance Rate Map (at least two feet if no depth number is specified).

11. Within any AO zone on the Flood Insurance Rate Maps, all new construction and substantial improvements of nonresidential structures shall either: (a) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the Flood Insurance Rate Map (at least two feet if no depth number is specified); or (b) together with attendant utility and sanitary facilities be completely floodproofed to that level so that the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

12. Within any AH and AO zones on the Flood Insurance Rate Maps, adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures, shall be provided.

13. Whenever a watercourse is to be altered or relocated, the flood carrying capacity of the altered or relocated portion of the watercourse shall be maintained. Adjacent communities, the California Department of Water Resources, and the Federal Insurance Administration shall be notified of any such alteration or relocation.

14. Plans to meet the requirements of subsections (B)(8)(b), (B)(9) and (B)(11)(b) of this section shall be prepared and certified by a civil engineer registered in the State of California.

15. All proposed development applications shall be reviewed to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law.

C. Floodway Fringes. Within the areas shown on the maps as floodway fringe, all proposed developments shall meet the requirements set forth in subsection B of this section.

(Ord. 18 § 2, 2008, RCC § 15.80.060)

A. An applicant, or any interested party, shall have the right to appeal the decision that is made on an application if he or she believes that an error has been made by the chief engineer or general manager. An applicant shall also have the right to request that a variance be granted to the requirements of this chapter, or to the conditions imposed upon a permit.

B. Applications for an appeal or for a variance shall be made to the City Council upon the form provided by the City Clerk, accompanied by a fee as set forth in Chapter 3.44. Upon receipt of a completed application, the City Clerk shall set the matter for hearing before the Council not less than five nor more than 45 days thereafter and shall give notice, by mail, to the applicant, the appellant, the department head with whom the application was originally filed and the chief engineer or the general manager. The Council shall render its decision on the matter within 30 days after the close of the hearing on the matter.

C. Appeals may be granted by the Council if there has been an error in any requirement, decision or determination relating to the application for the permit.

D. Variances on the requirements of this chapter or the conditions of an approved permit may only be granted if the Council finds that:

1. There is good and sufficient cause;

2. Failure to grant the variance would result in exceptional hardship to the applicant;

3. The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimize the public or conflict with existing laws or ordinances;

4. The variance is the minimum necessary, considering the flood hazard, to afford relief.

E. Any applicant to whom a variance is granted shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the granting of the variance.

(Ord. 18 § 2, 2008, RCC § 15.80.070)

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Flood heights may be increased by manmade or natural causes, and 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, or the Federal Insurance Administration or the Riverside County Flood Control and Water Conservation District, or the Coachella Valley County Water District, for any flood damages resulting from reliance on this chapter or any determination made thereunder.

(Ord. 18 § 2, 2008, RCC § 15.80.080)