HomeMy WebLinkAboutItem No. 6CITY OF
LADE rc LS I f 10
DREAM EXTREME.
REPORT TO PLANNING COMMISSION
TO: CHAIRMAN AND MEMBERS OF
THE PLANNING COMMISSION
FROM: ROBERT BRADY,
CITY MANAGER
DATE: JULY 6, 2010
PROJECT: AMENDMENT AND RESTATING CHAPTER 15.64 OF THE LAKE
ELSINORE MUNICIPAL CODE REGARDING FLOOD DAMAGE
PREVENTION
OWNER
& APPLICANT: CITY OF LAKE ELSINORE
Project Request
City Staff requests that the Planning Commission review and comment on the proposed
amendment and restating of Chapter 15.64 of the Lake Elsinore Municipal Code
Regarding Flood Damage Prevention.
Proiect Location
FEMA mapped flood areas are not limited to one geographical area, but are found at
various locations throughout the City. As development occurs, individual projects will
be brought before the Planning Commission for review and approval in accordance with
the Lake Elsinore Municipal Code and State and Federal laws as appropriate.
Background
The City is presently a member in the Federal Emergency Management Agency's
(FEMA) National Flood Insurance Program (NFIP) and Community Rating System
(CRS). The NFIP was established to help provide a means for property owners to
financially protect themselves. It offers affordable flood insurance to homeowners,
renters, and business owners of participating communities. In return, participating
communities agree to adopt and enforce ordinances that meet or exceed FEMA
requirements to reduce the risk of flooding. The CRS recognizes and encourages
community floodplain management activities that exceed the minimum NFIP standards;
each activity is assigned a point value range. For every 500 points earned, flood
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Ordinance Re Flood Damage Prevention
July 6, 2010
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insurance premium rates are discounted 5 %. Currently owners of property in the City
are eligible for a 5% reduction.
As a member of the NFIP and CRS, the City and its residents benefit from reduced
rates for flood insurance and eligibility for FEMA emergency assistance from grant
opportunities. The Department of Water Resources (DWR) is the designated State
coordinating agency for the NFIP. The DWR oversees the State program and is
responsible for establishing applicable development standards and providing technical
assistance to local communities.
The DWR, in response to changes in the NFIP, prepares a model flood damage
prevention ordinance designed to meet the minimum standards of the NFIP to ensure
compliance at the local level. The model ordinance is provided with the
recommendation that it be used to establish and /or update existing flood damage
prevention ordinance. The City's current flood damage prevention ordinance (Chapter
15.64 of the LEMC), adopted on October 23, 2001, was based on the former DWR
model ordinance. The DWR has provided the City with an updated model which
primarily addresses new terminology, reflects the most up to date flood maps and
recommends imposing certain higher standards in flood zones.
Analysis
To ensure that the City meets the minimum standards for NFIP compliance, the City will
need to amend Chapter 15.64. Staff has reviewed the DWR's model ordinance and has
tailored it to fit the needs of our community. In addition to the proposed ordinance
amending and restating Chapter 15.64 (attached as Exhibit A), a redline reflecting the
proposed changes is also attached as Exhibit B.
In addition to updating the terminology and flood control maps, the DWR's model
ordinance reflects a critical safety factor endorsed by FEMA, mandating that the
elevation of the top of the lowest floor of a structure be at least two (2) feet above the
base flood elevation (referred to as "freeboard ") in areas identified by FEMA as special
flood hazard areas. Special flood hazard areas are areas with a I% chance or greater
of flooding in any given year and commonly known as the 100 year flood zone. The
City currently requires the top of the lowest floor to be equal to the base flood elevation.
In areas immediately adjacent to the Lake (the "Lake Floodplain ") (LEMC Chapter
15.68, Flood Plain Management), presently, the City imposes a wave run -up freeboard
standard of three feet. The Lake Floodplain is the area within the perimeter streets of
Grand Avenue, Riverside Drive, Lakeshore Drive, Mission Trail and Corydon Road
along the shore of Lake Elsinore. Under the proposed ordinance the three foot wave
run -up freeboard requirement would remain in the Lake Floodplain and the new two foot
freeboard requirement would be imposed on the remainder of the City's 100 year flood
zone area. The new standard would be applied to all new development and substantial
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Ordinance Re Flood Damage Prevention
July 6, 2010
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redevelopment as defined in the proposed ordinance. A map showing the Lake
Floodplain and the 100 year flood zone is attached as Exhibit C.
By adopting the two foot freeboard in areas within the 100 year flood zone not already
subject to the three foot requirement, the City will be taking a proactive approach to
reducing the loss to property and life in the event of a flood.
FISCAL IMPACT
0 1 rem
RECOMMENDATION
1. Provide staff with comments at the July 6, 2010 meeting; and
2. Receive and file draft ordinance.
Prepared by: Rita Thompson 0 1
NPDES Coordinator
Ken A. Seumalo Or
Director of Public Wor
Approved by: Robert A. Brady
City Manager
Attached: Exhibit A - Ordinance
Exhibit B - Redline Markup of LEMC Section 15.64
Exhibit C - Flood Area Map
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, AMENDING AND
RESTATING CHAPTER 15.64 OF THE LAKE ELSINORE
MUNICIPAL CODE REGARDING FLOOD DAMAGE
PREVENTION
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ORDAINS AS FOLLOWS:
SECTION 1. That Chapter 15.64 of the Lake Elsinore Municipal Code is hereby
amended and restated in its entirety as follows:
Chapter 15.64 Flood Damage Prevention
Sections:
15.64.100 Statutory authorization.
15.64.110 Findings of fact.
15.64.120 Statement of purpose.
15.64.130 Methods of reducing flood losses.
15.64.200 Definitions.
15.64.300 General provisions — Lands to which this chapter applies.
15.64.310 General provisions — Basis for establishing the areas of special flood
hazard.
15.64.320 General provisions — Compliance.
15.64.330 General provisions — Abrogation and greater restrictions.
15.64.340 General provisions — Interpretation.
15.64.350 General provisions — Warning and disclaimer of liability.
15.64.360 General provisions — Severability.
15.64.400 Administration — Establishment of development permit.
15.64.410 Administration — Designation of the Floodplain Administrator.
15.64.420 Administration — Duties and responsibilities of the Floodplain
Administrator.
15.64.430 Appeals.
15.64.500 Provisions for flood hazard reduction — Standards of construction.
15.64.510 Provisions for flood hazard reduction — Standards for utilities.
15.64.520 Provisions for flood hazard reduction — Standards for subdivisions.
15.64.530 Provisions for flood hazard reduction — Standards for manufactured
homes.
15.64.540 Provisions for flood hazard reductions — Standards for recreational
vehicles.
15.64.550 Provisions for flood hazard reduction — Floodways.
15.64.560 Mudslide (i.e., mudflow) prone areas.
15.64.600 Variance procedures — Nature of variances.
15.64.610 Variance procedures — Appeal board.
15.64.620 Variance procedures — Conditions for variances.
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15.64.100 Statutory authorization.
The Legislature of the State of California has in Government Code Sections
65302, 65560, and 65800 conferred upon local government unit's authority to adopt
regulations designed to promote the public health, safety, and general welfare of its
citizenry. Therefore, the City of Lake Elsinore, County of Riverside does hereby adopt
the following floodplain management regulations.
15.64.110 Findings of fact.
A. The flood hazard areas of the City of Lake Elsinore 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 hazard which increase flood heights and velocities also contribute
to the flood loss.
15.64.120 Statement of purpose.
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 legally enforceable regulations applied uniformly throughout the community to
all publicly and privately owned land within flood prone, mudslide [i.e. mudflow] or flood
related erosion areas. These regulations are 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 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.
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15.64.130 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes regulations 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.
15.64.200 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted so as to give them the meaning they have in common usage and to give this
chapter its most reasonable application.
"A zone" — see "special flood hazard area ".
"Accessory structure" means a structure that is either:
1. Solely for the parking of no more than two (2) cars; or
2. A small, low cost shed for limited storage, less than 150 square feet
and $1,500 in value.
"Accessory use" means a use which is incidental and subordinate to the principal
use of the parcel of land on which it is located.
"Alluvial fan" means a geomorphologic feature characterized by a cone 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.
"Apex" means the point of highest elevation on an alluvial fan, which on
undisturbed fans is generally the point where the major stream that formed the fan
emerges from the mountain front.
"Appeal" means a request for a review of the Floodplain Administrator's
interpretation of any provision of this chapter.
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"Area of shallow flooding" means a designated AO or AH Zone on the Flood
Insurance Rate Map (FIRM). 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. Such flooding is characterized by
ponding or sheet flow.
"Area of Special Flood Hazard" -- see "Special flood hazard area."
"Area of special flood - related erosion hazard" means the land within a community
which is most likely to be subject to severe flood - related erosion losses. The area may
be designated as Zone E on the Flood Insurance Rate Map (FIRM).
"Area of special mudslide (i.e., mudflow) hazard" means the area subject to
severe mudslides (i.e., mudflows). The area is designated as Zone M on the Flood
Insurance Rate Map (FIRM).
"Base flood" means a flood which has a one percent chance of being equaled or
exceeded in any given year (also called the "100 -year flood "). Base flood is the term
used throughout this chapter.
"Base flood elevation" (BFE) means the elevation shown on the Flood Insurance
Rate Map for Zones AE, AH, Al -30, VE and V1-V30 that indicates the water surface
elevation resulting from a flood that has a 1- percent or greater chance of being equaled
or exceeded in any given year.
'Basement' means any area of the building having its floor subgrade, i.e., below
ground level, on all sides.
"Breakaway walls" mean any type of walls, 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 they are used or any buildings to which
they might be carried by floodwaters. A breakaway wall shall have a safe design loading
resistance of not less than 10 and not more than 20 pounds per square foot. Use of
breakaway walls must 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
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.
"Building" -- see "Structure."
"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 or storage of equipment or materials.
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"Encroachment" means the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a floodplain which may
impede or alter the flow capacity of a floodplain.
"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 a community.
"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).
"Flood, flooding, or floodwater" means:
1. 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 (i.e.,
mudflows); and
2. The condition resulting from flood - related erosion.
"Flood Boundary and Floodway Map (FBFM)" means the official map on which
the Federal Emergency Management Agency or Federal Insurance Administration has
delineated both the areas of special flood hazard and the floodway.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated
both the areas of special flood hazard and the risk premium zones applicable to the
community.
"Flood Insurance Study (FIS)" means the official report provided by the Federal
Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the
Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
"Flood- related erosion" means the collapse or subsidence of land along the shore
of a lake or other body of water as a result of undermining caused by waves or currents
of water exceeding anticipated cyclical level 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 in flooding.
"Flood- related erosion area" or "flood- related erosion prone area" means a land
area adjoining the shore of a lake or other body of water which, due to the composition
of the shoreline or bank and high water levels or wind - driven currents, is likely to suffer
flood - related erosion damage.
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"Flood- related erosion area management" means the operation of an overall
program of corrective and preventive measures for reducing flood - related erosion
damage, including but not limited to emergency preparedness plans, flood - related
erosion control works, and floodplain management regulations.
"Floodplain" or "flood -prone area" means any land area susceptible to being
inundated by water from any source. See "Flooding."
"Floodplain Administrator" is the individual appointed to administer and enforce
the floodplain management regulations.
"Floodplain management" means the operation of an overall program of
corrective and preventive measures for reducing flood damage and preserving and
enhancing, where possible, natural resources in the Floodplain, including but not limited
to emergency preparedness plans, flood control works, floodplain management
regulations, and open space plans.
"Floodplain management regulations" means this chapter and other zoning
ordinances, subdivision regulations, building codes, health regulations, special purpose
ordinances (such as grading and erosion control) and other application of police power
which control development in flood -prone areas. This term describes Federal, State or
local regulations in any combination thereof which provide standards for preventing and
reducing flood loss and damage.
"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, water and sanitary facilities, structures, and their
contents. (Refer to FEMA Technical Bulletins TB 1 -93, TB 3 -93, and TB 7 -93 for
guidelines on dry and wet floodproofing.)
"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. Also referred to
as "regulatory floodway."
"Floodway fringe" is that area of the Floodplain on either side of the "regulatory
floodway" where encroachment may be permitted.
"Fraud and victimization," as related to LEMC 15.64.600, Variance procedures —
Nature of variances, means that the variance granted must not cause fraud on or
victimization of the public. In examining this requirement, the City Council will consider
the fact that every newly constructed building adds to government responsibilities and
remains a part of the community for 50 to 100 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
community as a whole are subject to all the costs, inconvenience, danger, and suffering
that those increased flood damages 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.
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"Functionally dependent use" means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities, and does not include
long -term storage or related manufacturing facilities.
"Governing body" means the local governing unit, i.e., County or municipality that
is empowered to adopt and implement regulations to provide for the public health,
safety and general welfare of its citizenry.
"Hardship" as related to LEMC 15.64.600, Variance procedures — Nature of
variances, means the exceptional hardship that would result from a failure to grant the
requested variance. The City of Lake Elsinore requires that the variance be exceptional,
unusual, and peculiar to the property involved. Mere economic or financial hardship
alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps,
personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule,
qualify as an exceptional hardship. All of these problems can be resolved through other
means without granting a variance, even if the alternative is more expensive, or requires
the property owner to build elsewhere or put the parcel to a different use than originally
intended.
"Highest adjacent grade (HAG)" means the highest natural elevation of the
ground surface prior to construction next to the proposed walls of a structure.
"Historic structure" means any structure that is
1. Listed individually in the National Register of Historic Places (a
listing maintained by the Department of the 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 qualify 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 the
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 without approved programs.
"Levee" means a manmade structure, usually an earthen embankment, designed
and constructed in accordance with sound engineering practices to contain, control or
divert the flow of water so as to provide protection from temporary flooding.
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"Levee system" means a flood protection system which consists of a levee, or
levees, and associated structures, such as closure and drainage devices, which are
constructed and operated in accord with sound engineering practices.
"Lowest floor" means the lowest floor of the lowest enclosed area, including
basement (see "basement" definition).
1. An unfinished or flood- resistant enclosure below the lowest floor
that is usable solely for parking of vehicles, building access or storage in an area other
than a basement area, is not considered a building's lowest floor provided it conforms to
applicable non - elevation design requirements, including, but not limited to:
a. The flood openings standard in LEMC 15.64.500(C)(3);
b. The anchoring standards in LEMC 15.64.500(A);
C. The construction materials and methods standards in LEMC
15.64.500(6); and
d. The standards for utilities in LEMC 15.64.510.
2. For residential structures, all subgrade enclosed areas are
prohibited as they are considered to be basements (see "basement" definition). This
prohibition includes below -grade garages and storage areas.
"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."
"Manufactured home park or subdivision" means a parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
"Market value" shall be determined by estimating the cost to replace the structure
in new condition and adjusting that cost figure by the amount of depreciation which has
accrued since the structure was constructed.
1. The cost of replacement of the structure shall be based on a square
foot cost factor determined by reference to a building cost estimating guide recognized
by the building construction industry.
2. The amount of depreciation shall be determined by taking into
account the age and physical deterioration of the structure and functional obsolescence
as approved by the Floodplain Administrator, but shall not include economic or other
forms of external obsolescence.
Use of replacement costs or accrued depreciation factors different from those
contained in recognized building cost estimating guides may be considered only if such
factors are included in a report prepared by an independent professional appraiser and
supported by a written explanation of the differences.
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"Mean sea level" means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum
(NAVD) of 1988, or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
"Mudslide" means and describes a condition where there is a river, flow or
inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of
brush cover and the subsequent accumulation of water on the ground, preceded by a
period of unusually heavy or sustained rain.
"Mudslide (i.e., mudflow) prone area" means an area with land surfaces and
slopes of unconsolidated material where the history, geology, and climate indicate a
potential for mudflow.
"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 this community, and includes any subsequent
improvements to such structures.
"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 the first floodplain
management regulations adopted by this community.
"Obstruction" means and includes, but is not limited to, any dam, wall, wharf,
embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge,
conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or
other material in, along, across or projecting into any watercourse which may alter,
impede, retard or change the direction and /or velocity of the flow of water, or due to its
location, its propensity to snare or collect debris carried by the flow of water, or its
likelihood of being carried downstream.
"One Hundred -Year Flood" or "100 -Year Flood" see "Base flood."
"Program deficiency" means a defect in a community's floodplain management
regulations or administrative procedures that impairs effective implementation of those
floodplain management regulations.
"Public safety and nuisance," as related to LEMC 15.64.600, Variance
procedures — Nature of variances, means that the granting of a variance must not result
in anything which is injurious to safety or health of an entire community or
neighborhood, or any considerable number of persons, or unlawfully obstructs the free
passage or use, in the customary manner, of any navigable lake, or river, bay, stream,
canal, or basin.
"Recreational vehicle" means a vehicle which is:
1. Built on a single chassis;
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2. Four hundred 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.
"Regulatory 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.
"Remedy a violation" means to bring the structure or other development into
compliance with State or local floodplain management regulations, or, if this 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 the ordinance or otherwise
deterring future similar violations, or reducing State or Federal financial exposure with
regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
"Sheet Flow Area" see "Area of shallow flooding."
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a
one percent or greater chance of flooding in any given year (also called the "100 -year
flood "). It is shown on an FHBM or FIRM as Zone A, AO, Al -A30, AE, A99, AH, V1430,
VE or V.
"Start of construction" includes substantial improvement and other proposed new
development and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within 180 days from the date of the permit. 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
work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets and /or walkways; nor
does it include excavation for a basement, footings, piers, or foundations or the erection
of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the
main structure. For a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground;
this includes a gas or liquid storage tank or a manufactured home.
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"Substantial damage" means:
1. 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; or
2. Flood- related damages sustained by a structure on tow separate
occasions during a 10 -year period for which the cost of repairs at the time of each such
event, on the average, equals or exceeds 25 percent of the market value of the
structure before the damage occurred. This is also known as "repetitive loss."
"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 or local health, sanitary, or safety code specifications which have
been identified by the local Code Enforcement Official and which are the minimum
necessary to assure safe living conditions; or
2. Any alteration of a "historic structure'; provided, that the alteration
will not preclude the structure's continued designation as a "historic structure."
"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.
"Violation" means the failure of a structure or other development to be fully
compliant with this chapter. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance required in this chapter
is presumed to be in violation until such time as that documentation is provided.
"Water surface elevation" means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or
other datum, of floods of various magnitudes and frequencies in the floodplains of
coastal or riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other
topographic feature on or over which waters flow at least periodically. Watercourse
includes specifically designated areas in which substantial flood damage may occur.
15.64.300 General provisions — Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazard within the jurisdiction
of the City of Lake Elsinore.
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15.64.310 General provisions — Basis for establishing the areas of special
flood hazard.
The areas of special flood hazard identified by the Federal Emergency
Management Agency (FEMA) in the Flood Insurance Study (FIS) for Riverside County,
California and Incorporated Areas dated August 28, 2008, and accompanying Flood
Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs),
dated August 28, 2008, and all subsequent amendments and /or revisions, are hereby
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 which allow implementation of this chapter and which are
recommended to the City of Lake Elsinore by the Floodplain Administrator. The study,
FIRMs and FBFMs are on file at with the Engineering Division, 130 South Main Street,
Lake Elsinore, CA 92530.
15.64.320 General provisions — 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. Violation of the requirements (including violations of conditions and
safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the City of
Lake Elsinore from taking such lawful action as is necessary to prevent or remedy any
violation.
15.64.330 General provisions — 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.
15.64.340 General provisions — Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under State
statutes.
15.64.350 General provisions — 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
manmade or natural causes. This chapter does not imply that land outside the areas of
special flood hazard 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 of Lake
Elsinore, any officer or employee thereof, the State of California, or the Federal
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Insurance Administration of the Federal Emergency Management Agency for any flood
damages that result from reliance on this chapter or any administrative decision lawfully
made hereunder.
15.64.360 General provisions — Severability.
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.
15.64.400 Administration — Establishment of development permit.
A development permit shall be obtained before any construction or other
development, including manufactured homes, within any area of special flood hazard
established in LEMC 15.64.310. Application for a development permit shall be made on
forms furnished by the Floodplain Administrator. The applicant shall provide the
following minimum information:
A. Plans in duplicate drawn to scale showing:
1. Location, dimensions, and elevation of the area in question;
existing or proposed structures, fill, storage of materials and equipment and their
location;
2. Proposed locations of water supply, sanitary sewer, and utilities;
3. Grading information showing existing and proposed contours, any
proposed fill, and drainage facilities;
4. Location of the regulatory floodway when applicable;
5. Base flood elevation information as specified in LEMC 15.64.310;
6. Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures;
7. Proposed elevation in relation to mean sea level to which any
nonresidential structure will be floodproofed, as required in LEMC 15.64.500 of this
chapter and detailed in FEMA Technical Bulletin TB 3 -93; and
8. For all proposed structures, spot ground elevations at building
corners and 20 -foot or smaller intervals along the foundation footprint, or one -foot
contour elevations throughout the building site; and
B. Certification from a registered civil engineer or architect that the
nonresidential floodproofed building meets the floodproofing criteria in LEMC 15.64.500.
C. For a crawl -space foundation, location and total net area of foundation
openings as required in LEMC 15.64.500(C)(3) and FEMA Technical Bulletins TB 1 -93
and TB 7 -93.
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D. Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
E. All appropriate certifications listed in LEMC 15.64.420(E).
15.64.410 Administration — Designation of the Floodplain Administrator.
The City Manager or his designee is hereby appointed to administer, implement,
and enforce this chapter by granting or denying development permits in accord with its
provisions.
15.64.420 Administration — Duties and responsibilities of the Floodplain
Administrator.
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::
1. Permit requirements of this chapter have been satisfied, including
determination of substantial improvement and substantial damage of existing structures;
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 (1) foot at any point within the City of Lake Elsinore; and
5. All Letters of Map Revision (LOMR's) 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 (CLOMR's). Approved CLOMR's allow
construction of the proposed flood control project and land preparation as specified in
the "start of construction" definition.
B. Development of Substantial Improvement and Substantial Damage
Procedures.
1. Using FEMA publication FEMA 213, "Answers to Questions about
Substantially Damaged Buildings ", develop detailed procedures for identifying and
administering requirements for substantial damage, to include defining "Market Value."
2. Assure procedures are coordinated with other
departments /divisions and implemented by community staff.
C. Review, Use and Development of Other Base Flood Data.
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When base flood elevation data has not been provided in accordance with LEMC
15.64.310, 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 LEMC 15.64.500.
NOTE: A base flood elevation shall be obtained by the developer using one of
two methods from the FEMA publication FEMA 265, Managing Floodplain Development
in Approximate Zone A Area — A Guide for Obtaining and Developing Base (100 -year)
Flood Elevations" dated July 1995.
D. Notification of Other Agencies.
1. Alteration or relocation of a watercourse:
a. Notify adjacent communities and the California Department
of Water Resources prior to alteration or relocation;
b. Submit evidence of such notification to the Federal
Emergency Management Agency; and
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 6 months of information becoming available or project
completion, whichever comes first, the floodplain administrator shall submit or assure
that the permit applicant submits technical or scientific data to FEMA for a Letter of Map
Revision (LOMR).
b. All LOMR's 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 (CLOMR's). Approved CLOMR's 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:
Notify FEMA in writing whenever the corporate boundaries have been modified
by annexation or other means and include a copy of a map of the community clearly
delineating the new corporate limits.
E. Documentation of Floodplain Development. Obtain and maintain for public
inspection and make available as needed the following:
1. Certification by FEMA Elevation Certificate upon placement of the
lowest floor, including the basement, and prior to further vertical construction, required
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by LEMC 15.64.500(C)(1) and 15.64.530 (lowest floor elevations) and 15.04.010
(California Building Code);
2. Certification by FEMA Elevation Certificate required by LEMC
15.64.500(C)(2) (elevation or floodproofing of nonresidential structures) and 15.04.010
(California Building Code);
3. Certification required by LEMC 15.64.500(C)(3) (wet floodproofing
standards);
4. Certification of elevation by FEMA Elevation Certificate required by
LEMC 15.64.520(A) (subdivision standards) and 15.04.010 (California Building Code);
5. Certification required by LEMC 15.64.550 (floodway
encroachments);
6. Maintain a record of all variance actions, including justification for
their issuance, and report such variances issued in its biennial report submitted to the
Federal Emergency Management Agency (FEMA), as required by LEMC 15.64.620 (E).
F. 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. The person
contesting the location of the boundary shall be given a reasonable opportunity to
appeal the interpretation as provided in LEMC 15.64.430.
G. Remedial Action. Take action to remedy violations of this chapter as
specified in LEMC 15.64.320.
H. Biennial Report. Complete and submit Biennial Report to FEMA.
I. Planning. Assure community's General Plan is consistent with floodplain
management objectives herein.
J. Reserved.
K. Non- conversion of Enclosed Areas Below the Lowest Floor. To ensure
that the areas below the BFE shall be used solely for parking vehicles, limited storage,
or access to the building and not be finished for use as human habitation without first
becoming fully compliant with the floodplain management ordinance in effect at the time
of conversion, the Floodplain Administrator shall:
1. Determine which applicants for new construction and /or substantial
improvements have fully enclosed areas below the lowest floor that are five (5) feet or
higher;
2. Enter into a "NON- CONVERSION AGREEMENT FOR
CONSTRUCTION WITHIN FLOOD HAZARD AREAS" or equivalent with the City of
Lake Elsinore. The agreement shall be recorded with the County of Riverside,
California County Recorder as a deed restriction. The non - conversion agreement shall
be in a form acceptable to the Floodplain Administrator and City Attorney; and
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3. Have the authority to inspect any area of a structure below the base
flood elevation to ensure compliance upon prior notice of at least 72 hours.
15.64.430 Appeals.
The City Council of the City of Lake Elsinore 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.
15.64.500 Provisions for flood hazard reduction — Standards of
construction.
In all areas of special flood hazard 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
LEMC 15.64.530.
B. Construction Materials and Methods. All new construction and substantial
improvement shall be constructed:
1. With flood- resistant materials, and utility equipment resistant to
flood damage for areas below the base flood elevation;
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
4. If within Zone 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 Floodproofing.
1. Residential construction. All new or substantial improvements of
residential structures shall have the lowest floor, including basement:
a. In AE, AH, Al -30 Zones, elevated two (2) feet above the
base flood elevation.
b. In an AO Zone, elevated above the highest adjacent grade
to a height two (2) feet above the depth number specified in feet on the FIRM, or
elevated at least four (4) feet above the highest adjacent grade if no depth number is
specified.
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C. In an A Zone, without BFE's specified on the FIRM
[unnumbered A zone], elevated two (2) feet above the base flood elevation; as
determined under LEMC 15.64.310.
Upon the completion of the structure, the elevation of the lowest floor including
basement shall be certified by a registered professional engineer or surveyor, and
verified by the community building inspector to be properly elevated. Such certification
and verification shall be provided to the Floodplain Administrator.
2. Nonresidential construction. All new or substantial improvement of
nonresidential structures shall either be elevated to conform to subsection (C)(1) of this
section or:
a. Be floodproofed, together with attendant utility and sanitary
facilities, 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;
b. Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
C. Be certified by a registered professional engineer or architect
that the standards of subsection (C)(1) of this section are satisfied. Such
certification shall be provided to the Floodplain Administrator.
3. Flood openings. 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 shall meet the following minimum criteria:
a. For non - engineered openings:
1. 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;
one foot above grade
2. The bottom of all openings shall be no higher than
3. Openings may be equipped with screens, louvers,
valves or other coverings or devices; provided, that they permit the automatic entry and
exit of floodwater; and
4. Buildings with more than one enclosed area must
have openings on exterior walls for each area to allow flood water to directly enter; or
b. Be certified by a registered professional engineer or
architect.
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4. Manufactured homes.
a. See LEMC 15.64.530.
5. Garages and low cost accessory structures.
a. Attached garages.
1. A garage attached to a residential structure,
constructed with the garage floor slab below the BFE, must be designed to allow for the
automatic entry of flood waters. See LEMC 15.64.50O(C)(3). Areas of the garage
below the BFE must be constructed with flood resistant materials. See LEMC
15.64.500(C)(2).
2. A garage attached to a nonresidential structure must
meet the above requirements or be dry floodproofed. For guidance on below grade
parking areas, see FEMA Technical Bulletin TB -6.
b. Detached garages and accessory structures.
1. "Accessory structures" used solely for parking (2 car
detached garages or smaller) or limited storage (small, low -cost sheds), as defined in
LEMC 15.64.200, may be constructed such that its floor is below the base flood
elevation (BFE), provided the structure is designed and constructed in accordance with
the following requirements:
a) Use of the accessory structure must be limited
to parking or limited storage;
b) The portions of the accessory structure located
below the BFE must be built using flood- resistant materials;
c) The accessory structure must be adequately
anchored to prevent flotation, collapse and lateral movement;
d) Any mechanical and utility equipment in the
accessory structure must be elevated or floodproofed to or above the BFE;
e) The accessory structure must comply with
floodplain encroachment provisions in LEMC 15.64.550; and
f) The accessory structure must be designed to
allow for the automatic entry of flood waters in accordance with LEMC 15.64.50O(C)(3).
2. Detached garages and accessory structures not
meeting the above standards must be constructed in accordance with all applicable
standards in LEMC 15.64.500.
15.64.510 Provisions for flood hazard reduction — Standards for utilities.
A. All new and replacement water supply and sanitary sewage systems shall
be designed to minimize or eliminate:
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1. Infiltration of floodwaters into the systems; and
2. Discharge from the systems into floodwaters.
B. On -site waste disposal systems shall be located to avoid impairment to
them, or contamination from them during flooding.
15.64.520 Provisions for flood hazard reduction - Standards for
subdivisions and other proposed development.
A. All new subdivision proposals and other proposed development, including
proposals for manufactured home parks and subdivisions, greater than 50 lots or 5
acres, whichever is the lesser, shall:
1. Identify the special flood hazard areas (SFHA) and base flood
elevations (BFE).
2. Identify the elevations of lowest floors of all proposed structures
and pads on the final plans.
3. If the site is filled above the base flood elevation, the following as-
built information for each structure shall be certified by a registered civil engineer or
licensed land surveyor and provided as part of an application for a Letter of Map
Revision based on Fill ( LOMR -F) to the Floodplain Administrator:
a. Lowest floor elevation
b. Pad elevation.
C. Lowest adjacent grade (LAG).
B. All subdivision proposals and other proposed development shall be
consistent with the need to minimize flood damage.
C. All subdivision proposals and other proposed development shall have
public utilities and facilities such as sewer, gas, electrical and water systems located
and constructed to minimize flood damage.
D. All subdivisions and other proposed development shall provide adequate
drainage to reduce exposure to flood hazards.
15.64.530 Provisions for flood hazard reduction - Standards for
manufactured homes.
A. All manufactured homes that are placed or substantially improved, upon
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
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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:
a. Within Zones Al -30, AH, and AE on the community's Flood
Insurance Rate Map (FIRM), be elevated on a permanent foundation such that the
lowest floor of the manufactured home is elevated two (2) feet 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 Al — 30, AH, and AE,
on the community's Flood Insurance Rate Map (FIRM) 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 least two (2) feet
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 36 inches
in height above grade.
Upon the completion of the structure, the elevation of the lowest floor including
basement shall be certified by a registered professional engineer or surveyor, and
verified by the community building inspector to be properly elevated. Such certification
in the form of an elevation certificate shall be provided to the Floodplain Administrator.
15.64.540 Provisions for flood hazard reductions — Standards for
recreational vehicles.
A. All recreational vehicles placed on sites within Zones Al — 30, AH, and AE
on the community's Flood Insurance Rate Map (FIRM) will either:
1. Be on the site for fewer than 180 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 LEMC 15.64.400 and the elevation
and anchoring requirements for manufactured homes in LEMC 15.64.530(A).
15.64.550 Provisions for flood hazard reduction — 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. Until a regulatory floodway is adopted, no new construction, substantial
development, or other development (including fill) shall be permitted in Zones Al -30
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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 of Lake
Elsinore.
B. Within an adopted regulatory floodway, the City of Lake Elsinore shall
prohibit encroachments, including fill, new construction, substantial improvement, and
other new development unless certification by a registered professional engineer is
provided demonstrating that encroachments shall not result in any increase in the base
flood elevation during the occurrence of the base flood discharge.
C. If LEMC 15.64.550(A) and (B) are satisfied, all new construction,
substantial improvement, and other proposed new development shall comply with all
other applicable flood hazard reduction provisions of LEMC 15.64.500.
15.64.560 Mudslide (i.e., mudflow) prone areas.
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:
1. The type and quality of soils;
2. Evidence of groundwater 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
stability.
4. Drainage, planting, watering, and maintenance not endanger slope
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15.64.600 Variance procedures — Nature of variances.
The issuance of a variance is for floodplain management purposes only.
Insurance premium rates are determined by statue according to actuarial risk and will
not be modified by the granting of a variance.
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.
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.
15.64.610 Variance procedures — Appeal board.
A. In passing upon requests for variances, the City Council shall consider all
technical evaluations, all relevant factors, standards specified in other sections of this
chapter, and the:
1. Danger that materials may be swept onto other lands to the injury
of others;
2. Danger of 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;
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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. 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" (as defined in LEMC 15.64.200 — see "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 (as defined in LEMC 15.64.200 — see "Public safety or
nuisance'), cause fraud or victimization (as defined in LEMC 15.64.200 — see "Fraud
and victimization ") of the public, or conflict with existing local laws or ordinances.
C. 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 (D) 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.
D. Upon consideration of the factors of LEMC 15.64.610 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.
15.64.620 Variance procedures — Conditions for variances.
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 LEMC
15.64.400 and 15.64.500 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" (as defined in LEMC 15.64.200) upon a determination that the proposed
repair or rehabilitation will not preclude the structure's continued designation as an
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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. 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 increase premium rates for flood insurance up to amounts as
high as $25 for $100 of insurance coverage, and
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 Riverside County Recorder and shall be
recorded in a manner so that it appears in the chain of title of the affected parcel of land.
F. The Floodplain Administrator will maintain a record of all variance actions,
including justification for their issuance, and report such variances issued in its biennial
report submitted to the Federal Insurance Administration of the Federal Emergency
Management Agency.
SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereof to any person or circumstance shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance and are hereby declared
to be severable.
SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its
final passage or such later date as may be designated by the City Council. The City
Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be
published and posted in the manner required by law.
PC July 6, 2010 Item No. 6
Page 28 of 52
Ordinance No.
Page 26 of 27
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, on this day of 2010.
MELISSA A. MELENDEZ, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
CAROL COWLEY
INTERIM CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
PC July 6, 2010 Item No. 6
Page 29 of 52
Ordinance No.
Page 27 of 27
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby
certify that the foregoing Ordinance No. was introduced at a regular meeting of
the City Council of the City of Lake Elsinore on the th day of 2010, and was
finally passed at a regular meeting of the City Council of the City of Lake Elsinore held
on the day of 2010 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CAROL COWLEY
INTERIM CITY CLERK
PC July 6, 2010 Item No. 6
Page 30 of 52
Chapter 15.64
FLOOD DAMAGE PREVENTION
Sections:
15.64.100 Statutory authorization.
15.64.110 Findings of fact.
15.64.120 Statement of purpose.
15.64130 Methods of reducing flood losses.
15.64.200 Definitions.
15.64.300 General provisions - Lands to which this chapter applies.
15.64.310 General provisions - Basis for establishing the areas of special flood
hazard.
15.64.320 General provisions - Compliance.
15.64.330 General provisions - Abrogation and greater restrictions.
15.64.340 General provisions - Interpretation.
15.64.350 General provisions - Warning and disclaimer of liability.
15.64.360 General provisions - Severability.
15.64.400 Administration - Establishment of development permit.
15.64.410 Administration - Designation of the Floodplain Administrator.
15.64.420 Administration - Duties and responsibilities of the Floodplain
Administrator.
15.64.430 Appeals.
15.64.500 Provisions for flood hazard reduction - Standards of construction.
15.64.510 Provisions for flood hazard reduction - Standards for utilities.
15.64.520 Provisions for flood hazard reduction - Standards for subdivisions.
15.64.530 Provisions for flood hazard reduction - Standards for manufactured
homes.
15.64.540 Provisions for flood hazard reductions - Standards for recreational
vehicles.
15.64.550 Provisions for flood hazard reduction - Floodways.
15.64.560 Mudslide (i.e., mudflow) prone areas.
15.64.600 Variance procedures - Nature of variances.
15.64.610 Variance procedures - Appeal board.
15.64.620 Variance procedures - Conditions for variances.
Prior legislation: Ords. 603 791 832, 837 906 and 1078 Deleted: ena
15.64.100 Statutory authorization. -- - —
The Legislature of the State of California has in Government Code Sections 65302,
65560, and 65800 conferred upon local government unit's authority to adopt regulations
designed to promote the public health, safety, and general welfare of its citizenry.
Therefore, the City of Lake Elsinore, County of Riverside does hereby adopt the
following floodplain management regulations. [Ord. 15.64_100„ j . Deleted: 1078
15.64.110 Findings of fact. Deleted: 2001
A. The flood hazard areas of the City of Lake Elsinore 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
PC July 6, 2010 Item No. 6
Page 31 of 52
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 hazard which increase flood heights and velocities also contribute
to the flood loss. Ord. 15.64.110, Deleted:
-
15.64.120 Statement of purpose. Deleted: 2001
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 legally enforceable regulations applied uniformly throughout the community to
related erosion areas. These regulations are d esigned to:_
{ Deleted: provisions
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 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. [Ord. § 15.64.120, , j .
Deleted: 1070
15.64.130 Methods of reducing flood losses.
- - Deleted: 2001
In order to accomplish its purposes, this chapter includes regulatio"
J Deleted: methods and provislons
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. [Ord. _
- Deleted:
§ 15.64.130, 1------------ - - -- -- _ - - --
Deleted: 2001
15.64.200 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted so as to give them the meaning they have in common usage and to give this
chapter its most reasonable application.
PC July 6, 2010 Item No. 6
Page 32 of 52
;Accessory use' means a use which is incidental and subordinate to the principal use
of the parcel of land on which It Is located.
"Alluvial fan" means a geomorphologic feature characterized by a cone 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.
"Apex" means the point of highest elevation on an alluvial fan, which on undisturbed
fans is generally the point where the major stream that formed the fan emerges from the
mountain front.
"Appeal" means a request for a review of the Floodplain Administrator's interpretation
of any provision of this chapter.
"Area of shallow flooding" means a designated AO or AH Zone on the Flood
Insurance Rate Map (FIRM). 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. Such flooding is characterized by
ponding or sheet flow.
"Area of Special Flood Hazard" See "Special . flood hazard area."
"Area of special flood - related erosion hazard" means the land within a community
which is most likely to be subject to severe flood - related erosion losses. The area may
be designated as Zone E on the Flood Insurance Rate Map (FIRM).
"Area of special mudslide (i.e., mudflow) hazard" means the area subject to severe
mudslides (i.e., mudflows). The area is designated as Zone M on the Flood Insurance
Rate Map (FIRM).
"Base flood" means a flood which has a one percent chance of being equaled or
exceeded in any given year (also called the "100 -year flood "). Base flood is the term
used throughout this chapter.
"Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate
Map for Zones AE, AH Al -30 VE and V1430 that indicates the water surface
elevation resulting from a flood that has a 1- percent or greater chance of being equaled
or exceeded in any given year.
"Basement" means any area of the building having its floor subgrade, i.e., below
ground level, on all sides.
"Breakaway walls" mean any type of walls, 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 they are used or any buildings to which
they might be carried by floodwaters. A breakaway wall shall have a safe design loading
resistance of not less than 10 and not more than 20 pounds per square foot. Use of
breakaway walls must be certified by a registered engineer or architect and shall meet
the following conditions:
- Formatted: Indent: Left: 0.5 ",
Hanging: 0.25 ", Tabs: 0.5 ", List tab
+0.75 ", Left +Not a t
�FOrmatted: Bullets and Numbering
-' -' Deleted. If
- {Deleted:.
PC July 6, 2010 Item No. 6
Page 33 of 52
1. Breakaway wall collapse shall result from a water load less than that which
would occur during the base flood; and
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.
Building'_ See "Structure."
,. 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 or storage of equipment or materials.
"Encroachment" means the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a floodplain which may
impede or alter the flow capacity of a floodplain.
"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 a community.
"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).
"Flood, flooding, or floodwater" means:
1. 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 (i.e.,
mudflows); and
2. The condition resulting from flood - related erosion.
"Flood Boundary and Floodway Map (FBFM)" means the official map on which the
Federal Emergency Management Agency or Federal Insurance Administration has
delineated both the areas of special flood hazard and the floodway.
"Flood Insurance Rate Map (FIRM)" means the official map on which the - Federal
Emergency Management Agency or Federal Insurance Administration has delineated
both the areas of special flood hazard and the risk premium zones applicable to the
community.
"Flood Insurance Study (FIS) means the official report provided by the Federal
Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the
Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
"Flood- related erosion" means the collapse or subsidence of land along the shore of a
lake or other body of water as a result of undermining caused by waves or currents of
water exceeding anticipated cyclical level 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 in flooding.
"Flood- related erosion area" or "flood- related erosion prone area" means a land area
adjoining the shore of a lake or other body of water which, due to the composition of the
shoreline or bank and high water levels or wind - driven currents, is likely to suffer flood -
related erosion damage.
Deleted:.
Deleted: "Coastal high hazard area"
means an area of special flood
hazard extending from offshore to the
inland limit of a primary frontal dune
along an open mast and any other
area subject to high velocity wave
action from storms or seismic
sources. It is an area subject to high
velocity waters , including coastal and
tidal inundation or tsunam is. The area
is designated on a Flood Insurance
Rate Map IF IRM) as Zane V1 430,
VE, or V.%
Deleted: "Flood Hazard Boundary
Map" means the official map on which
the Federal Emergency Management
Agency or Federal Insurance 1
Administration has delineated the
a reas of flood hazards.¶
PC July 6, 2010 Item No. 6
Page 34 of 52
"Flood- related erosion area management" means the operation of an overall program
of corrective and preventive measures for reducing flood - related erosion damage,
including but not limited to emergency preparedness plans, flood - related erosion control
works, and floodplain management regulations.
"Floodplain" or "flood -prone area' means any land area susceptible to being
inundated by water from any source. See "Flooding."
"Floodplain Administrator" is the individual appointed to administer and enforce the
floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective
and preventive measures for reducing flood damage and preserving and enhancing,
where possible, natural resources in the floodplain, including but not limited to
emergency preparedness plans, flood control works, floodplain management
regulations, and open space plans.
"Floodplain management regulations" means this chapter and other zoning
ordinances, subdivision regulations, building codes, health regulations, special purpose
ordinances (such as grading and erosion control) and other application of police power
which control development in flood -prone areas. This term describes Federal, State or
local regulations in any combination thereof which provide standards for preventing and
reducing flood loss and damage.
" Floodproofing" 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, water and sanitary facilities, structures, and their
contents. (Refer to FEMA Technical Bulletins TB 1 -93, TB 3 -93, and TB 7 -93 for
guidelines on dry and wet floodproofing.)
"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. Also referred to as
"regulatory Foodway."
"Floodway fringe" is that area of the floodplain on either side of the "regulatory
Floodway" where encroachment may be permitted.
"Fraud and victimization," as related to LEMC 15.64.600 Variance procedures —
Nature of variances, means that the variance granted must not cause fraud on or
victimization of the public. In examining this requirement, the City Council will consider
the fact that every newly constructed building adds to government responsibilities and
remains a part of the community for 50 to 100 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
community as a whole are subject to all the costs, inconvenience, danger, and suffering
that those increased flood damages 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.
"Functionally dependent use" means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities, and does not include
long -term storage or related manufacturing facilities.
PC July 6, 2010 Item No. 6
Page 35 of 52
"Governing body" means the local governing unit, i.e., County or municipality fhat is _ _ , _ Deleted: municipality, that
empowered to adopt and implement regulations to provide for the public health, safety
and general welfare of its citizenry.
"Hardship" as related to LEMC 15.64.600 Variance procedures — Nature of
variances, means the exceptional hardship that would result from a failure to grant the
requested variance. The City of Lake Elsinore requires that the variance be exceptional,
unusual, and peculiar to the property involved. Mere economic or financial hardship
alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps,
personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule,
qualify as an exceptional hardship. All of these problems can be resolved through other
means without granting a variance, even if the alternative is more expensive, or requires
the property owner to build elsewhere or put the parcel to a different use than originally
intended.
"Highest adjacent grade (HAG) means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
"Historic structure" means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of the 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 qualify 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 the 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 without approved programs.
"Levee" means a manmade structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control or divert
the flow of water so as to provide protection from temporary flooding.
"Levee system" means a flood protection system which consists of a levee, or levees,
and associated structures, such as closure and drainage devices, which are constructed
and operated in accord with sound engineering practices.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement
(see "basement" definition).
1. An unfinished or flood - resistant enclosure below the lowest floor that is usable
solely for parking of vehicles, building access or storage in an area other than a
basement area, is not considered a building's lowest floor provided it conforms to
applicable non - elevation design requirements, including, but not limited to:
a. The flood openings standard in L EMC 15.64.500 Dteteted:rhe wet flwdpmofing
b. The anchoring standards in LEMC 15.64.500
-- - - - - - - - - - - - - , standard inL
c. The construction materials and methods standards in LEMC
15.64.500 and
d. The standards for utilities in LEMC 15.64.510
PC July 6, 2010 Item No. 6
Page 36 of 52
2. For residential structures, all subgrade enclosed areas are prohibited as they
are considered to be basements (see "basement" definition). This prohibition includes
below -grade garages and storage areas.
"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."
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
"Market value" shall be determined by estimating the cost to replace the structure in
new condition and adjusting that cost figure by the amount of depreciation which has
accrued since the structure was constructed.
1. The cost of replacement of the structure shall be based on a square foot cost
factor determined_by_reference to a building cost_ estimating guide recognized by the
building construction industry.
2_The amount of depreciation shall be determined by taking into account the age
and physical deterioration of the structure and functional obsolescence as approved by
the Fjoodplain Administrator, but shall not include economic or other forms of external
obsolescence.
_Use of replacement costs or accrued depreciation factors different from those
contained in recognized building cost estimating guides may be considered only if such
factors are included in a report prepared by an independent professional appraiser and
supported by a written explanation of the differences.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 North American Vertical Datum
(NAVD of 1988, r other datum, to which base flood _elevations shown on a
community's Flood Insurance Rate Map are referenced.
"Mudslide" means and describes a condition where there is a river, flow or inundation
of liquid mud down a hillside, usually as a result of a dual condition of loss of brush
cover and the subsequent accumulation of water on the ground, preceded by a period
of unusually heavy or sustained rain.
"Mudslide (i.e., mudflow) prone area" means an area with land surfaces and slopes of
unconsolidated material where the history, geology, and climate indicate a potential for
mudflow.
"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 this community, and includes any subsequent
improvements to such structures.
"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 the first floodplain
management regulations adopted by this community.
"Obstruction" means and includes, but is not limited to, any dam, wall, wharf,
embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge,
conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or
other material in, along, across or projecting into any watercourse which may alter,
Formatted: Indent: Left: 0.38 ",
Hanging: 0.25', Numbered + Level:
1 + Numbering Style: 1, 2, 3, ... +
Start at: 1 + Alignment: Left +
Aligned at: 0.38" +Tab after: 0.77"
+ Indent at: 0.77 ", Tabs: 0 ", List
tab + 0.38 ", Left + Not at 0.77"
Deleted:
—
Formatted: Indent: First line: 0 ",
Tabs: 0 ", Left
Formatted: Indent: Left: 0 ", First
line: 0.38 ", Numbered + Level: 1 +
Numbering Style: 1, 2, 3, ... + Start
at: 1 + Alignment: Left + Aligned at:
0.38" + Tab after: 0.77" + Indent
at: 0.77", Tabs: 0 ", List tab+
',. 0.38 ", Left + 0.63 ", Left + Not at
0.77"
Deleted:f
Deleted: a J
[ Fo r atted: m Indent: Firs[ line: n
Tabs:.0.38 ", Left+ 0.63 ", Lek
Deleted:
PC July 6, 2010 Item No. 6
Page 37 of 52
impede, retard or change the direction and /or velocity of the flow of water, or due to its
location, its propensity to snare or collect debris carried by the flow of water, or its
likelihood of being carried downstream.
One Hundred -Year Flood" or 100 -Year Flood ". See "Base flood."
"Public safety and nuisance," as related to LEMC 15.64.600 Variance procedures —
Nature of variances, means that the granting of a variance must not result in anything
which is injurious to safety or health of an entire community or neighborhood, or any
considerable number of persons, or unlawfully obstructs the free passage or use, in the
customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
"Recreational vehicle" means a vehicle which is:
1. Built on a single chassis;
2. Four hundred 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
Deleted: 'Primary frontal dune -
means a continuous or neatly
continuous mound or ridge of sand
with relatively steep seaward and
landward slopes immediately
landward and adjacent to the beach
and subject to emsion and
overtopping from high tides and
waves during major coastal stones.
The inland limit of the primary frontal
dune occurs at the point where there
is a distinct change from a relatively
mild slope.%
4. Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
"Regulatory 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.
'Remedy a violation' means to bring the structure or other development into
compliance with State or local floodplain management regulations, or, if this 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 the ordinance or otherwise
deterring future similar violations, or reducing State or Federal financial exposure with
regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
';Sheet Flow Area See "Area of shallow flooding." Deleted: sand dunes" mews
sand in ridges orr mounds lward
- - - --
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one atum°yeeeo lan i and ward of
s of
percent or greater chance of flooding in any given year. It is shown on an FHBM or the beach.%
FIRM as Zone A, AO, Al -A30, AE, A99, AH, V1 -V30, VE or V. D ele xd:.
"Start of construction" includes substantial improvement and other proposed new
development and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within 180 days from the date of the permit. 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
work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets and /or walkways; nor
does it include excavation for a basement, footings, piers, or foundations or the erection
of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the
PC July 6, 2010 Item No. 6
Page 38 of 52
main structure. For a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this
includes a gas or liquid storage tank or a manufactured home
Deleted: q 1
"Substantial damage" means:
1. 9p mage of any origin sustained by a structure whereby the cost of restoring the --
- - Formatted: Bullets and Numbering
structure to its before - damaged condition would equal or exceed 50 percent of
Deleted: d
the market value of the structure before the damage occurred or
2. Flood- related damages sustained by a structure on tow separate occasions
during a 10 -year period for which the cost of repairs at the time of each such
event, on the average. equals or exceeds 25 percent of the market value of the
structure before the damage occurred. This is also known as "repetitive loss.';
"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 or local health, sanitary, or safety code specifications which have been identified
by the local Code Enforcement Official and which are the minimum necessary to assure
safe living conditions; or
2. Any alteration of a "historic structure "; provided, that the alteration will not
preclude the structure's continued designation as a "historic structure."
. Variance" means_ aprant this chapter which
a.
_
_
Delebetl: vznne. see "coastalnlgn
_ofrelieffromtherequirementsof
_ _ - - - -
permits construction in a manner that would otherwise be prohibited by this chapter.
ha ,a
"Violation" means the failure of a structure or other development to be fully compliant
with this chapter. A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in this chapter is
presumed to be in violation until such time as that documentation is provided.
"Water surface elevation" means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929 North American Vertical Datum (NAVD) of 1988, or
other datum.p floods of various magnitudes and frequencies in the flood lains
Deleted: (orotherdatom, where
- of
coastal or riverine areas.
specified),
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other
topographic feature on or over which waters flow at least periodically. Watercourse
includes specifically designated areas in which substantial flood damage may occur.
[Ord. 15_64. 200, �__ 1 - - - - -
Deleted: l ors
Deleted: 2001
15.64.300 General provisions — Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of
the City of Lake Elsinore. [Ord. § 15.64.300 „
Deleted: 1078
' D eleted: 2001
15.64.310 General provisions — Basis for establishing the areas of special flood
hazard.
The areas of special flood hazard identified by the Federal Emergency Management
Agencv (FEMA) in the lood Insurance Stud . FIS for Riverside C ounty, and
F - y �_ . _ _
-'
Deleted: Insurance Administafion
(FIA)ofthe Federal Eme gency
Management Agency (FEMA) in the
PC July 6, 2010 Item No. 6
Page 39 of 52
Incorporated Areas dated August 28 2008 and accompanying Flood Insurance Rate
_ _ - Deletes: June 18,1996
-
Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs) dated U ust 28.
,.
Delete June 76, 199
2008, and all subsequent amendments and /or revisions, are hereby 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 which allow implementation of this chapter and which are recommended
to the City of Lake Elsinore by the Floodplain Administrator. The study, FIRMs and
FBFMs are on file at with the Engineering Division 130 South Main Street, Lake
Elsinore, CA 92530.[Ord., § 15.64.310, ] ._
_ -
Deleted: community Development I
Department
15.64.320 General provisions - Compliance.
Dele betl:.
No structure or land shall hereafter be constructed, located, extended, converted, or
Deleted: 1078
altered without full compliance with the terms of this chapter and other applicable
Deleted: 2001
regulations. Violation of the requirements (including violations of conditions and
invalid, such decision shall not affect the validity of the chapter as a whole, or any
safeguards) shall constitute a misdemeanor._ Nothing herein shall prevent the City of
portion thereof other than the section so declared to be unconstitutional or invalid. [Ord.
Deleted: established m connection
Lake Elsinore from taking such wful action as is necessary to prevent or remedy any
_
-- Deleted: 2001
with conditions
violation. [Ord. § 15.64.320 �_�]
Dale etl: 1076
15.64.330 General provisions - Abrogation and greater restrictions.
Deleted: 2001
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. [Ord. § 15.64.330,
Deleted: lo7a
-' Deleted: 20
15.64.340 General provisions - Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under State statutes.
Ord. ` 15.64.340 Deleted: 1079
'(Deleted: 2001
15.64.350 General provisions - 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
manmade or natural causes. This chapter does not imply that land outside the areas of
special flood hazard 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 of Lake
Elsinore, any officer or employee thereof, the State of California, or the Federal
Insurance Administration of the Federal Emergency Management Agency for any flood
damages that result from reliance on this chapter or any administrative decision lawfully
made hereunder. Ord. § 15.64.350,
Deleted: 1078
15.64.360 General provisions - Severability.
�' Deletetl: 2007
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. [Ord.
Deletes_ 70
§ 15 . 64 . 360, ,___._A h
_
-- Deleted: 2001
PC July 6, 2010 Item No. 6
Page 40 of 52
15.64.400 Administration — Establishment of development permit.
[De leted: begins
A development permit shall be obtained before any construction or other
Deleted: and may Include, bu not
development including manufactured homes, w ithin,any area of special flood hazard
be limited to: p )
---
established in LEMC 15.64.310 Application for a development permit shall be made on
Deleted: the nature_, ma
forms furnished by the Floodplain Administrator The applicant shall provide the
Formatted: Tabs: 0.5 ", Left+
following minimum Information: ,"
0 63', Left +0.75 ^,Left
A_PJans in duplicate drawn to scale showing:_
.. __.. - -- .. ... _..
Formatted: pl, Tabs: 0.5', Left+
0.75, Left
.'
1. Location d imensions, and elevation of the area in question; existingor
proposed structures fill, storage of materials and equipment and their location:
Deleted:, and drainage facilities;
and the location ofthe foregoing. I
2. Proposed locations of water supply, sanitary sewer, and utilities'
Specifically, the following information 1
3. Grading information showing existing and proposed contours, any proposed
is required:¶
A. Site plan, including but not limaed
fill, and drainage facilities:
to
4. Location of the regulatory floodway when applicable
Deleted:
5. Base flood elevation information as specified in LEMC 15.64.310:
6. Proposed elevation in relation to mean sea level of the lowest floor (including
Deleted: 2. Proposed locations of
basement) of all structures
` water supply, sanitary sewer, and
utilities; andl
7. Proposed elevation in relation to mean sea level to which any nonresidential
3. If available, the base flood
structure will be floodproofed as required in LEMC 15.64.500 of this chapter and
elevation from the Flood Insurance
Study and /or Flood Insurance Rate
detailed in FEMA Technical Bulletin TB 3-93: and
Map, and¶
8. For all proposed structures, spot ,ground elevations at buildinng corners and
- -- --- - - - - --
4. If applicable, the location of the
regulatory floodway; and¶
20 -foot or smaller intervals along the foundation footprint or one -foot contour elevations :
Formatted: Indent: First line:
throughout the building site and
Deleted: Foundation design detail,
Certification from a registered civil engineer or architect that the nonresidential
including but not limited toy
floodproofed building meets the floodproofing criteria In LEMC 15.64.500_ -
1 Proposed elevation in relation to
- -.
mean sea level of the lowest floor
_
C. or a crawl-space foundation, location and total net area of foundation opening
(including basement) of all structures;
as required in LEMC 15.64.500 and FEMA Technical Bulletins TB 1 -93 ad TB 7-
and
93R
Deleted: ¶ �
D. Description of the extent to which any watercourse will be altered or relocated as a
Deleted: 2.
result of proposed development.
Deleted: ; and
All appropriate certifications listed in LEMC_ 15.64.420 [Ord. § 15.64.400 1.1 .. -'
Deleted: 3. For foundations placed
_ - - - "•
on fill, the location and height of fill,
,
15.64.410 Administration — Designation of the Floodplain Administrator.
and compaction requirements (compacted to 95 pement using the
The City Manager or his designee is hereby appointed to administer, implement, and
standard proctortest method); and¶
enforce this chapter by granting or denying development permits in accord with its
C. proposed elevation in relation to mean sea level to which any
provisions. [Ord. 15.64.410 �.
nonresidential structure will be
- -- - - - -- - -- - --
floodproofed, as required in LEMC
k',,
15.64.500 and FEMA Technical
15.64.420 Administration — Duties and responsibilities of the Floodplain
Bulletin TB 3 and¶ 1
Administrator.
Deleted:D
The duties and responsibilities of the Floodplain Administrator shall include, but not
Deleted:; and .
be limited to , the following:
Deleted: E. Descnption ofiha extent
A. Permit Review. Review all development permits to determine;
to which anywatemoursewill 2
1. Permit requirements of this chapter have been satisfied includina
`., Deleted: 1078
determination of substantial improvement and substantial damage of existing
Deleted: 2001
structures _ _
\
Deleted: that
2. All other required State and Federal permits have been obtained
It
Formatted: Indent: Left: 0.55 ",
3. The site is reasonably safe from flooding; and
Hanging: 0.2"
4. The proposed development does not adversely affect the carrying capacity of
Deleted:;
areas where base flood elevations have been determined but a floodway has
{ Formatted: Indent: Left:
[ Hanging: 0.2" i
PC July 6, 2010 Item No. 6
Page 41 of 52
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 Jafoot at any point within the Citv
of Lake Elsinore: and
CLOMR's allow construction of the proposed flood control project and land
preparation as specified in the "start of construction" definition
B. Development of Substantial Improvement and Substantial Damace Procedures
Formatted: Indent: Left: 0.5 ",
' Hanging: 0.25" _
Formatted: Indent: Left: 0.17 ",
H 0.33", Tabs: 0.75 ", Left
Formatted: Tabs: 0.5 ", Left +
.' 0.75 ", Left
Deleted: 1.
^r ormatted'
Deleted: Any such information shall
be submitted to the City of Lake
Elsinore for adoption; or
Deleted: 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
LEMC 15.64.500
a. Simplified Method.¶
(1) One - hundred -year or base flood
discharge shall be obtained using the
appropriate regression equaflon
found in a U.S. Geological Survey
publication, or the dischargedminage
area method; and%
(2) Base flood elevation shall be
obtained using the Quick -2 computer
program developed by FEMA; or%
b. Detailed Method.%
(1) One - hundred -year or base flood
discharge shall be obtained using the
U.S. Amy Corps of Engineers' HEC-
HMS computer program; and¶
(2) Base flood elevation shall be
obtained using the U.S. Any Corps
of Engineers' HEC -RAS computer
Substantially Damaged Buildings " develop detailed procedures for
identifying and administering requirements for substantial damage to include 1 '.
defining "Market Value."
2 Assure procedures are coordinated with other departments /divisions and
implemented by community staff.
C. Review, Use and Development of Other Base Flood Data,
When base flood elevation data has not been provided in accordance w ith LEMC
15.64.310 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 LEMC 15.64.500
VOTE: A base flood elevation shall be obtained by the developer using one of two
P. Notification of Other Agencies,
1. A lteration or relocation of a watercourse: -,
a. Notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation;
LZ Submit evidence of such notification to theFederal Emergency_
Management Agency; and
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 6 months of information becoming available or project
completion, whichever comes first. the floodplain administrator shall submit or assure
that the permit applicant submits technical or scientific data to FEMA for a Letter of Mai)
Revision (LOMR).
b. All LOMR's for flood control p_roiects are approved prior to the issuance
of building permits. Building Permits must not be issued based on Conditional Letters of
Map Revision (CLOMR's) Approved CLOMR's allow construction of the proposed flood
Deleted: C
Formatted: Tabs: 0.5 ", Left +
0.75 ", Left
D eleted: In a
Deleted: 1.
Deleted: 2
Deleted: Federal Insurance
Administration of the
Deleted: 3
t Formatted: Tabs: 0 .75 ", Left
- -� Formatted_ In First line: 0"
F Formatted: Numbered + Level: l+
ng Style: 1, 2, 3, ... + Start
lignment: Left + Aligned at:
Tab after: 0.77" + Indent
", Tabs: 0.75 ", Left
PC July 6, 2010 Item No. 6
Page 42 of 52
affecting flooding conditions, risk premium rates and floodplain management
requirements are based on current data.
3. Changes in corporate boundaries
Notify FEMA in writing whenever the corporate boundaries have been modified b
Formatted: Indent: nrst une:
annexation or other means and include a copy of a map of the community
j 0.13 ", Tabs: 0.75 ", LeR
delineating the new corporate limits.
9, Documentation of Floodplain Development. Obtain and maintain for public_
inspection and make available as needed the following:
1. Certification by FEMA Elevation Certificate upon placement of the lowest
floor, including the basement, and prior to further vertical construction. r equired by _ .
- Delete Bert flcafi
_ - - _
LEMC 15.64.500 and 15.64.530 (lowest floor elevations) and 15.04.010
(California Building Code)
2. Certification by FEMA Elevation Certificate required by LEMC 15.64.500
(elevation or floodproofing of nonresidential structures) and 15.04.010 (California
Building Code)
3. Certification required by LEMC 15.64.500 (wet floodproofing standards);
4. Certification of elevation by FEMA Elevation Certificate required by LEMC
15.64.520 subdivision standards and 15.04.010 (California Building Code ;_
Deleted: B
5. Certification required by LEMC 15.64.550 (floodway encroachments);_ . _ _
-- -�
- Deleted: (n)
6. Maintain a record of all variance actions, including justification for their
issuance, and report such variances issued in its biennial report submitted to the
Federal Emengency Management Agency (FEMA). as required by LEMC 15.64.620 (E)
- Deleted: Reports required by LEMC
__
L Map Determinations. Make inter P rotations where needed, as to the exact location
-
15.64.560c)(mudflow standards).
--
of the boundaries of the areas of special flood hazard wv ere there appears to be a
Deleted' ¶
conflict between a mapped boundary and actual field conditions The person contesting
Deleted: E
the location of the boundary shall be given a reasonable opportunity to appeal the
Deleted:. w
interpretation as provided in LEMC 15.64.430
Deleted:, g rade and base flood
F. Remedial Action. Take action to remedy violations of this chapter as specified in
elevations shaft b
dood mine
LEMC 15.64.320 Ord 15.64.420,
the boundaries of the special ial l fl Flood
hazaN area.
G. Biennial Report. Complete and submit Biennial Report to FEMA.
Deleted -. 15.64.666
H. Planning. Assure community's General Plan is consistent with floodplain
Deleted: 1076
management objectives herein.
Deleted: 2001
I. Blank
- - --
J. Non - conversion of Enclosed Areas Below the Lowest Floor. To ensure that the
of conversion, the Floodplain Administrator shall:
1. Determine which applicants for new construction and /or substantial
improvements have fully enclosed areas below the lowest floor that are five (5) feet or
higher:
as a deed restriction. The non - conversion agreement shall be in a form acceptable to
the Floodplain Administrator and City Attorney; and
3. Have the authority to inspect any area of a structure below the base flood
elevation to ensure compliance upon prior notice of at least 72 hours.
15.64.430 Appeals.
PC July 6, 2010 Item No. 6
Page 43 of 52
The City Council of the City of Lake Elsinore 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. Deleted: 1o�e
_ § 15.64.430„ - - f Deleted: 2001
15.64.500 Provisions for flood hazard reduction — Standards of construction.
In all areas of special flood hazard 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 LEMC
15.64.530
B. Construction Materials and Methods. All new construction and substantial
improvement shall be constructed:
1. With flood- resistant materials and utility equipment resistant to flood damage
for areas below the base flood elevation
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
4. If within Zone 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 Floodproofing.,
1. Residential construction. AI[ new or substantial improvement of residential
structureg, have the lowest floor, including basement:
a. In AE. AH, Al -30 Zones, elevated two (2) feet above the base flood
elevation.
b. In an AO Zone, elevated above the highest adjacent grade to a height
two (2) feet above he depth number_ specified in feet on the FIRM, or elevated at least
L our 4 feet above the highest adjacent grade if no depth number is specified., ;
"in an A Zone without BFE's specified on the FIRM [unnumbered A
zone], elevated two (2) feet above the base flood elevation: js determined under LEMC ,-
Upon the completion_of the structure, the elevation of the lowest floor including_ .....
basement shall be certified by a registered professional engineer ox surveyor, and
verified by the community building inspector to be properly elevated. Such certification
and verification shall be provided to the Floodplain Administrator.
2. Nonresidential construction. Altnew or substantial improvement of
nonresidential structures hall _ either _ be _ _ elevated to conform lo subsection (C)(7) of this_
_
section or_:
a Be floodproofed together with attendant utility and sanitary facilities,
below the elevationr ecommended under subsection (C)(1 ) of this section 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; and
Deleted: as specified in FEMA
' Technical Bulletin TB 2 -93, and utility
equipment resistant to flood damage;
Deleted: (See LEMC 15.64.200
definitions for 'basement, "lowest
floor," "new construction, °substantial
damage" and "substantial
improvement.")
' De ,
Deleted: ,
' Deleted: equal to or exceeding
Deleted: two
Deleted: (The State of California
recommends that in AO Zones
without velocity the lowest floor be
elevated above the highest adjacent
grade to a height exceeding the depth
number specified in feet on the FIRM
by at least two feet, or elevated at
least four feet above the highest
adjacent gna le if no depth number is
specified.)
Deleted: b
C Deletech
Deleted: , elevated to or above the
base flood elevation; said base flood
elevation shall be determined by one
of the methods in LEMC
15.64.420 (The State of California
recommends the lowest floor be
elevated at least two feet above the
base flood elevation, as determined
by the community
Deleted:.)
Deleted: c. In all otherzones,
elevated to or above the base flood
elevation. (The State of California
recommends the lowest floor be
elevated at least two feet above the
base flood elevation.)¶
Deleted: ,
Deleted: ----
Deleted: together with attendant
utility and sanitary facilities:¶
a.
Deleted: below the elevation
PC July 6, 2010 Item No. 6
Page 44 of 52
c. Be certified by a registered professional engineer or architect that the
standards of subsection (C)(1) of this section are satisfied. Such certification shall be
provided to the Floodplain Administrator.
3. Flood openings. 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 shall
meet the following m inimum criteria:
a. For non - engineered openings
1. 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;
2. The bottom of all openings shall be no higher than one foot above
grade.
Deleted: follow the guidelines in
FEMA Technical Bulletins TB 1 -93
and TB 7 -93, and must exceed the
following
Formatted: Tabs: 1.25 ", Left
Deleted:.
!. —Openings may be equipped with screens, louvers, valves or other
coverings or devices; provided, that they permit the automatic entry and exit of
floodwater; an Deleted: or
b. Be certified by a registered professional engineer or architect.
4. Manufactured homes_
a. See LEMC 15.64.530.
5. Garages and low cost accessory structures. Deleted: shall also meet the
a. Attached garages. _ .:, standards in LEMC 15.64.530 [Ord.
1078 § 15.64.500, 20011.
1. A garage attached to a residential structure constructed with the Formatted, Tabs, 1 Left+ 1.25"
r Left
l Formatted: Tabs: 1.25 ", Left
Formatted: Tabs: 1 ", Left + 1.25 ",
Left
Formatted: Tabs: 0.5 ", Left
requirements:
a) Use of the accessory structure must be limited to parking or limited *— Formatted: Tabs: 1.25 ", Left
stora e:
b) The portions of the accessory structure located below the BFE must
be built using flood - resistant materials
c) The accessory structure must be adequately anchored to prevent
flotation, collapse and lateral movement:
d) Any mechanical and utility equipment in the accessory structure
must be elevated or floodproofed to or above the BFE
PC July 6, 2010 Item No. 6
Page 45 of 52
areas, see FEMA Technical Bulletin TB -6.
b. Detached garages and accessory structures
1. "Accessory structures" used solely for parking (2 car detached garages .-
e) The accessory structure must comply with Floodplain encroachment
provisions in LEMC 15.64.550: and
f) The accessory structure must be designed to allow for the automatic
15.64.509, [Ord. & 15.64.500 L
( Deleted:¶
For matted: Indent: First line: 0'
15.64.510 Provisions for flood hazard reduction — Standards for utilities.
Formatted; Font: sold
A. All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate:
1. Infiltration of floodwaters into the systems; and
Deleted: 1078
2. Discharge from the systems into floodwaters.
Deleted: z0o1
B. On -site waste dis
disposal systems shall be located to avoid impairment to them, or
P y p
ttech space Before: o pt,
Tabs: 0 ted:
„' .' Tabs: Left
contamination from them during flooding. [Ord. § 5.64.510,
Formatted: Font: Not Bold
15.64.520 Provisions for flood hazard reduction — Standards for subdivisions and
; % , Fo matted: Font: No[ Bold
other proposed development.
Formatted: space Before: o pc
(�. All new subdivision proposals and other development including
Tabs: 0.5 Left
_ _ _
proposals for manufactured home arks and subdivisions greater than 50 lots or 5
p ars
p
Deleted` '¶
A reliminary subdivision
acres whichever is the lesser, shall:
proposals shall
1. Id entify . the special ecial flood hazard area (SFHA) nq base flood elevations
,? /- - Formatted: Font: Not Bald
BFE
-- Deleted:i
2. Identify the elevations of lowest floors of all proposed structures and pads on
Deleted:
the final plans.
Deleted: the elevation of the —�
3. If the site is filled above the base flood elevation. the following as -built
---- -- - - - of
information for each structure shall be certified by a registered civil engineer or licensed
_
Deleted:.
-
land surveyor and provided as part of an application for a Letter of Map Revision based
For natted: space Before: 0 pt, l
:." Tabs 0. 75 ", Left
on Fill ( LOMR -F) to the Floodplain Administrator.
Deleted ¶
a. Lowest floor elevation
=
b. Pad elevation.
Deleted: B. All subdivision pla
' provide the elevation of proposed
c. Lowest adjacent grade (LAG).
souctum(s)and pad(s),Ifthe site is
^ " Tilled above the base flood elevation,
j l��II subdivision proposals and other proposed development shall be consistent with'; the lowest floor and pad elevations
the need to minimize flood damage.
shall be certified by registered
_ All subdivision p roposals and other proposed � develo ment shall have public
p...
professional engineer or surveyor and
�.' •, '• provided to the Floodplain
... . .......... ... .... -. .. ..._.... .. ...
utilities and facilities such as sewer, gas, electrical and water systems located and
Administrator.%
constructed to minimize flood damage,
Formatted: Indent: First Tine:
ll subdivisions and other
A ro osed developmen shall provide
P. P P P adequate
0.v °, Tabs: 0.13 °, Left
to reduce exposure to flood hazards. [Ord. . ,§15.64.520, , 1.
Deleted: C. A
Delete D J
15.64.530 Provisions for flood hazard reduction — Standards for manufactured
Fo rmatted: Tabs: 0.13 ", Lea
homes.
'• Deleted: ¶
A. All manufactured homes that are placed or substantially jm proved, �upon sites
_ ...
il
� `, Deleted: E
located: . _ ------
"
`. Deleted: 1078
1. Outside of a manufactured home park or subdivision;
— -- ---
2. In a new manufactured home park or subdivision
. Deleted: 2001
Deleted: improved �
3. In an expansion to an existing manufactured home park or subdivision; or
Deleted: , within Zones Al — 30, AH,
and AE on the community /s Flood
Insurance Rate Map, on sites located:
PC July 6, 2010 Item No. 6
Page 46 of 52
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'.
1 Within 7nnas Al -3n AH anri AF nn the enmmnnifJe Flnnri
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 Al — 30, AH, and AE „ on
the community's Flood Insurance Rate Map (FIRM) 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 qt least two feet above th_e 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 36 inches in
height above grade.
Upon the completion of the structure, the elevation of the lowest floor including
basement shall be certified by a registered professional engineer or surveyor, and
verified by the community building inspector to be properly elevated. Such gertification
in the form of an elevation certificates be provided to the Floodplain Administrator.
[Ord. § 15.64.530,. j
15.64.540 Provisions for flood hazard reductions — Standards for recreational
vehicles.
A. All recreational vehicles placed on sites within Zones Al — 30, AH, and AE on the
community's Flood Insurance Rate Map (FIRM) will either:
1. Be on the site for fewer than 180 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 LEMC 15.64.400 and the elevation and
anchoring requirements for manufactured homes in LEMC 15 64.530 (A). x [Ord.
§ 15.64.540, �_�] .........
15.64.550 Provisions for flood hazard reduction — 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. Until a requlatory floodwav is adopted, no new construction. substantial
development, or other development (including fill) shall be permitted in Zones Al -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 of Lake
Elsinore.
B. Within an adopted requlatory floodway. the Citv of Lake Elsinore shall prohibit
encroachments, including fill, new construction, substantial improvement, and other new
- Deleted:;
Formatted: Tabs: 0.75 ", Left
Deleted: f
shall be elevated on a permanent
foundation such that the lowest floor
ofthe manufactured home is elevated
to or above the base flood elevation
(the State of California recommends
at least two feet above the base flood
elevation) and be securely fastened !
to an adequately anchored foundation
system to resist rotation, collapse,
and lateral movement.(
Deleted: All manufactured homes
that are placed or substantially
improved on sites located within
Zones V1 - 30, V, and VE on the
communitys Flood Insurance Rate
, Map will meet the requirements of
subsection (A) of this secflon.q
C.
` Deleted: V1 -30, V, and VE
Deleted: a or
Deleted: (the State of California
recommends at least two feet above
the base flo elevation)
Deleted: certification
' Deleted: and verification _�
' Deleted: 1078
Deleted: 2001
Deleted:
f
B. Recreational vehicles placed on
sites within Zones V1 -30, V, and VE
on the community's Flood Insurance
Rate Map will meet the requirements j
of sub section (A)ofthis section
Deleted: 1076
Deleted: 2001
Deleted: Located within areas of
special flood hazard established in
LEMC 15.64.310 are areas
designated as floodways.
Deleted:.
_ - {Deleted: P 1
PC July 6, 2010 Item No. 6
Page 47 of 52
development unless certification by a registered professional engineer is provided
demonstrating that encroachments shall not result in any increase in the base flood
elevation during the occurrence of the base flood discharge.
G. _If LEMC 15.64.550 and tBj are satisfied, all new construction, substantial
improvement, and other proposed new development shall comply with all other
applicable flood hazard reduction provisions of LEMC 15.64.500 [Ord.
§ 15.64.550, �•.. - -
15.64.560 Mudslide (i.e., mudflow) prone areas.
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:
1. The type and quality of soils;
2. Evidence of groundwater 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.
[Ord. § 15.64.560, _j . Deleted: 1078
` Deleted: 2001
15.64.600 variance procedures — Nature of variances. -- The issuance of a variance is for floodplain management purposes only, Insurance
premium rates are determined by statue according to actuarial risk and will not be
modified by the granting of a variance.
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.
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
PC July 6, 2010 Item No. 6
Page 48 of 52
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. [Ord. § 15.64.600, 1 . Deletetl: 1078
15.64.610 Variance procedures — Appeal board. Deleted:2001
A. In passing upon requests for variances, the City Council shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this chapter,
and the:
1. Danger that materials may be swept onto other lands to the injury of others;
2. Danger of 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; 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.
- Formatted: Indent: First line:
- - - {Formatted: p2
PC July 6, 2010 Item No. 6
Page 49 of 52
C. Variances may be issued for new construction, substantial improvement and other
and does not create a public nuisance.
15.64.620 Variance procedures — Conditions for variances.
A. Generally,_v_ariances_may be issued for new construction, subst_antial_i_mprovement,..
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 LEMC 15.64.400 and 15.64.500 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" (as
defined in LEMC 15.64.200 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. 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 increase premium rates for flood insurance up to amounts as high as $25
for $100 of insurance coverage and
2. Such construction below the base flood level increases risks to life and
propert y. it is recommended that a copy of the notice shall be recorded by the
Floodplain Administrator in the Office of the Riverside County Recorder and shall be
recorded in a manner so that it appears in the chain of title of the affected parcel of land.
F. The Floodplain Administrator will maintain a record of all variance actions,
including justification for their issuance, and report such variances issued in its biennial
report submitted to the Federal Insurance Administration of the Federal Emergency
Management Agency. jOrd. £ 15.64.610 7.
Deleted: B. Any applicant to whom a
variance is granted shall be given
written notice overthe signature ofa
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 $25.00 for
$100.00 of insurance coverage; and%
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 ofthe Riverside 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 its biennial report submitted
to the Federal Insurance
Administration ofthe Federal
Emergency Management Agency.
[Ord. 1078 § 15.64.610, 20011.1
Deleted: Variances shall
I Deleted: only be issued upon a;
Deleted: 1. Showing of good and
sufficient cause;%
2. Determination that failure to grant
the variance would result in
exceptional "hardship" (as defined in
LEMC 15.64.200 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 (as
defined in LEMC 15.64.200 — see
"Public safety or nuisance"), cause
fraud or victimization (as defined in
LEMC 15.64.200 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) ofthis
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 ofthe factors
of LEMC 15.64.610 and the purposes
of this chapter, the City Council may
attach such conditions to the granting
ofvadances, as it deems necessary
to further the purposes of this
chapter. [Ord. 1078 § 15.64.620,
PC July 6, 2010 Item No. 6
Page 50 of 52
3. For foundations placed on fill, the location and height of fill, and
compaction requirements (compacted to 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 floodproofed, as required in LEMC 15.64.500 and FEMA
Technical Bulletin TB 3 -93; and
D
E. Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development. [Ord. 1078 § 15.64.400, 2001].
PC July 6, 2010 Item No. 6
Page 51 of 52
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