HomeMy WebLinkAboutOrd. No. 1980-6031~
ORDINANCE N0. 603
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA
REGULATING NEW DEVELOPMENT, ALTERATIONS OR MODIFICATIONS
OF RESIDENTIAL OR COMMERCIAL STRUCTURES BELOW. THE
REGULATORY 100-YEAR FLOOD PLAIN ELEVATION OF 1265'
ABOVE MEAN SEA LEVEL.
Section 0.0
INTENT
0.1 If the Lake Elsinore Flood Hazard area continues for residential use
it would be impossible to insure reasonable protection for human life
or property. The City of Lake Elsinore is a member of the National
Flood Insurance program and has inacted Resolution Number 77-30
implementing that program. The future issuance of permits for
construction or restoration of residential structures in the flood
hazard area is not in the best interest of the public safety and welfare.
The City of Lake Elsinore desires safe environment for it's residents
and to provide construction standards for non-residential structures,
therefor the provisions of this ordinance shall govern development in
flood hazard areas.
Section 1.0
GENERAL PROVISIONS
1.1 COMPLIANCE
No structure or land shall hereafter be developed, altered or modified
in any way without full compliance with the terms of this ordinance and
other applicable regulations.
1.2 LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply. to all areas of special flood hazards within
the jurisdiction of THE CITY OF LAKE ELSINORE.
1.3 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Insurance
Administration in a scientific and engineering report entitled "The
Flood Insurance Study for the City ,of Lake Elsinore," dated March,
1980, with an accompanying Flood Insurance Rate Map is hereby adopted
by reference and declared to be a part of this ordinance. The Flood
Insurance Study is on file at City Hall, 130 S. Main Street, Lake
Elsinore, California.
Section 2.0
ADMINISTRATION
2.1 ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be obtained before construction or development
begins within any area of special flood hazard established in Section
1.3 Application fora Development Permit shall be made on forms furnished
by the Building Department.
2.2 DESIGNATION OF THE CITY ENGINEER AND BUILDING INSPECTOR
The City Engineer and Building Inspector are hereby appointed to
administer and implement this ordinance by granting or denying development
permit applications in accordance with its provisions.
2.3 DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER AND BUILDING INSPECTOR
Duties of the City Engineer and Building Inspector shall include, but not
be limited to:
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2.3-1 Permit review
Review of all development permits to determine that the permit
requirements of this ordinance have been satisfied.
2. Review all permits to determine that the site is reasonably safe
from flooding.
3. Review all development permits to determihe if the proposed
development adversely affects the flood carrying capacity of
the area of special flood hazard. For purposes of this ordinance,
"adversely affects" means that the cumulative effect of the
proposed development when combined with all other existing and
anticipated development will not increase the water surface
elevation of the base flood more than one foot at any point in
the City of Lake Elsinore Flood Plain.
2.3-2 Use of Other Base Flood Data
When base flood elevation data has not been provided in accordance
with Section 1.3, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD, the City Engineer and Building Inspector shall obtain review,
at; and reasonably utilize any base flood elevation data available from
a federal, state or other source, in order to administer Section 3.0.
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"°~ 2.3-3 Information to be Obtained and Maintained
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Q Obtain and maintain for public inspection and make available as needed
for Flood Insurance Policies:
1. The certified elevation required in Section 3.1-3 (1), (3);
2. The certification required in Section 3.1-3 (2);
3. The flogdproofi:na~certification required in Section 3.1-4 (2) c.
4. The certified elevation required in Section 3.4-2; and
2.3-4 Alteration of Watercourses
(1) Notify .adjacent communities and the State of California Department
Water Resources prior to any alteration or relocation of a water-
course, and submit evidence of such notification to the Federal
Insurance Administration.
(2) Require that the flood carrying capacity of the altered or re-
located portion of said watercourse is maintained.
Section 3.0
PROVISIONS FOR FLOOD HAZARD REDUCTION
3.1 STANDARDS OF CONSTRUCTION
In all areas of special flood hazards the following standards are required.
3.1-1 Anchoring
(1) All new construction and other improvements shall be anchored to
prevent flotation, collapse or lateral movement of the structure.
(2) All mobile homes shall meet the standards of Section 3.5.
3.1-2 Construction Materials and Methods
(1) All`new construction and other improvements shall be constructed
with materials and utility equipment resistant to flood damage.
(2) All new construction and other improvements shall be constructed
using methods and practices that minimize flood damage.
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3.1-3 Elevation of Residential Structures
(1) New construction and other structural member improvements including
foundation of any structure except in flood hazard zones AO and A
shall have the foundation elevated to or above the base flood ele-
vation. Upon completion of the structure the elevation of the
foundation shall be certified by a registered professional engineer
or surveyor and provided to the officials set forth in Section 2.3-3.
(2) New construction and substantial improvement of any strrcture in
flood hazard zone AO shall have the first habitable floor elevated
to or above the depth number specified on the FIRM. Upon completion
of the structure a registered professional engineer shall certify
that the elevation of this structure meets this standard and
provided to the official set forth in Section 2.3-3.
(3) New construction and substantial improvement of any structure in
flood hazard zone A shall have the first habitable floor to or
above the base flood elevation. When the base flood elevation has
not been determined, the City Engineer and Building Inspector shall
obtain, review and reasonably utilize any base flood elevation data
available from a federal, state or other source to determine this
elevation. Upon completion of the structure, the elevation of the
foundation shall be certified by a registered professional engineer
or surveyor and provided to the officials set forth in Section 2.3-3.
(4) Mobile homes shall meet the above standards and also the standards
in Section 3.5.
3.1-4 Elevation and Floodproofing of Non-residential Structures
(1) New construction and substantial improvement of any non-residential
structure including foundation shall have the first habitable floor
elevated or above the base floor elevation or,
(2) Together with attendant utility and sanitary facilities.
(a) Be flood proofed so-that below the base flood level the
structure is watertight with walls 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 this subsection are satisfied.
Such certifications shall be provided to the official as
set forth in Section 2.3-3 (3 ).
3.2 STANDARDS FOR STORAGE OF MATERIALS AND EQUIPMENT
3.2-1 The storage or processing of materials that are in time of flooding
buoyant, flammable, explosive, or could be injurious to human and
animal plant life is prohibited.
3.2-2 Storage of other material or equipment may be allowed if not subject
to major damage by floods and firmly anchored to prevent flotation
or if readily removable from the area within. the time available after
flood warning.
3.3 STANGARDS FOR UTILITIES
3.3-1 All new and replacement water supply and sanitary sewage systems shall
be designed to minimize or eliminate infiltration of flood waters into
the system and discharge from systems into flood waters;
3.3-2 All septic tanks, cesspools, leach lines and seepage pits require
written approval from the Department of Health, County of Riverside
and shall be located to avoid impairmant to them or contamination
from them during flooding.
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3.4 STANDARDS FOR SUBDIVISIONS
3.4-1 All preliminary subdivision proposals shall identify the flood hazard
area and the elevation of the base flood.
3.4-2 All final subdivision plans will provide the elevation of proposed
structure (s) and pads. If the site is filled above the base flood,
the final pad elevation shall be certified by a registered professional
engineer or surveyor and provided to the official as set forth in
Section 2.3-3 (4 ).
3.4-3 All subdivision proposals shall be consistent with the need to minimize
flood damage;
3.4-4 All subdivision proposals shall have public utilities and facilities such
as sewer, gas, electrical, and water systems located and constructed to
minimize flood damage;
3.4-5 All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage.
3.5 STANDARDS FOR MOBILE HOMES AND MOBILE HOME PARKS AND SUBDIVISIONS
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'~ 3.5-1 New, Expanded or Repaired Mobile Home Parks and Mobile Home Subdivisions.
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b--4 The following standards are required for (a) new mobile home parks or
~ subdivisions, (b) expansions to existing mobile home parks or sub-
divisions and (c) repair, reconstruction, or improvements to existing
mobile home parks or subdivisions.
1. Adequate surface drainage and access for a hauler shall be provided.
2. All mobile homes shll be placed so that the lowest floor of the
mobile home is at or above the base flood level.
3. Mobile homes, except in flood hazard zones A and AO shall have
wheels and hitches intact to facilitate moving in case of flood-
i n g_
4. Mobile homes in flood hazard zones A and AO shall meet the anchoring
requirements of Section 3.5-3.
3.5-2 Existing Mobile Home Parks or Subdivisions
1. Mobile homes placed in existing mobile parks or subdivisions shall
be placed so that the lowest floor of the mobile home is at or above
the base flood elevation.
2. Same as 3 above.
3. Same as 4 above.
3.5-3 Anchoring Standards
All mobile homes and additions to mobile homes shall be anchored to resist
flotation, collapse, or lateral movement by one of the following methods:
(1) By providing an aneM?:ring-system de5~gned~~~e;i~tkstahd, hdrzo_ntal'"'
forces of 25 pounds per square foot 'and up lift forces of 15 pounds
per square foot;
(2) By providing over-the-top and frame ties to ground anchors.
Specifically;
(a) Over-the-top ties be provided at each of the four corners
of the mobile home, with two additional ties per side at
intermediate locations, with mobile homes less than. 50 feet
long require only one additional tie per side;
(b) Frame ties be provided at each corner of the home with five
additional ties per side at intermediate points, with mobile
homes less than 50-feet long require only four additional
ties per side; and,
(c) All components of the anchoring system be capable of carrying
a force of 4,800 pounds.
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3.5-4 No Mobile Home shall be placed in a floodway.
3.6 FLOODWAYS
Located within areas of special flood hazard established in Section
1.2 are areas designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of flood waters which
carry debris, potential projectiles, and erasion potential,
projectiles, and erosion potential, the following provisions apply:
3.6-1 Prohibit encroachments, including fill, new construction, other
improvements and development unless certification by a registered
professional engineer or architect is provided demonstrating that
encroachments shall not result in any increase in flood levels
during the occurance of the base flood discharge.
3.6-2 Prohibit the placement of any mobile homes.
3.6-3 If Section 3.6-1 and 3.6-2 is satisfied,-all new construction and other
improvements shall comploy with all applicable flood hazard reduction
provisions of Section 3, PROVISIONS FOR FLOOD HAZARD REDUCTION.
Section 4.0
DEFINITIONS
Unless specifically defined below, works or phrases used in this
ordinance shall be interpreted so as to give them the meaning they
have in common usage and to give this ordinance it most reasonable
application.
"Appeal" means a request for a review of the City Engineer's or
Building Inspectors interpretation of any provision of this ordinance
or a request-fora variance.
"Area of shallow flooding" means a designated AO or VO 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.
"Area of special flood hazard" means the land in the flood plain within a
community subject to a one percent or greater change of flooding in any
given year. This area is designated as Zone A, A0, AH, Al-30, VO and
VL-30 on the FIRM.
"Base Flood"means the flood having a one percent chance of being equalled
or exceeded in any given year.
"Development" means any nam-made 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
located within the area of special flood hazard.
"Existin mobile home a rk or mobile home subdivision: means a parcel (or
continguous parcels of land divided into two or more mobile home lots
for rent or sale for which the construction of facilities for servicing
the lot on which the mobile home is to be affixed (including, at a minimum,
the installation of utilities, either final site grading or the pouring
of concrete pads, and the construction of streets) is completed before
the effective date of this ordinance.
"Expansion to an existing mobile home park or mobile home subdivision"
means the preparation of additional sites by the construction ofi'
facilities for servicing the lots on which the mobile homes are to be
affixed (including the installation of utilities, either final site
grading or pouring of concrete pads, or the construction of streets).
"Expansion to an existing mobile home~ark or mobile home subdivision"
means the preparation of additiona5 sites by the construction of
facilities for servicing the lots on which the mobile homes are to be
affixed (including the installation of utilities, either final site
grading or pouring of concrete pads, or the construction of streets.)
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"Flood or Flooding" means.a general and; temporary: condition of partial
or complete inundation of normally dry land areas from;
1. The overflow of inland or tidal waters and/or
2. The unusual and rapid accumulation of runoff of surface
waters from any source.
"Flood Boundary Floodway Map" means the official map on which the Federal
Insurance Administration has delineated both the areas of flood hazard
and the floodway.
"Flood Insurance Rate Map (FIRM)" means the official map on which the
Federal Insurance Administration has delineated both the areas of special
flood hazards and the risk premium zones applicable to the community.
"Flood Insurance Study" means the official report provided by the
Federal Insurance Administration that includes flood profiles, the
FIRM, the flood Boundary Floodway Map, and the water surface elevation
' of the base flood.
"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 (1) foot. The floodway is delineated on the Flood Boundary
Floodway Map.
"Habitable Floor" means any floor usable for living purposes, which
includes working, sleeping, eating, cooking or recreation, or a
combination thereof. A floor used only for storage purposes is not a
~ "habitable floor".
~ "Mobile Home" means a structure that is transportable in one or more
~' sections, built on a permanent chassis, and designed to be used with
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~ or without a permanent foundation when connected to the required
Q utilities. It does not include recreational vehicles or travel trailers.
"New Construction" means structures for which the "start of construction"
commenced on or after the effective date of this ordinance.
"New Mobile Home Park or Mobile Home Subdivision" means a parcel (or
contiguous parcels of land divided into two or more mobile home lots
for rent or sale for which the construction of facilities or servicing
the lot (including, at a minimum, the installation of utilities, either
final site grading or the pouring of concrete pads, and the construction
of streets) is completed on or after placement of permanent construction.
"Other Improvement" means any repair, construction or improvement of any
structure.
"Start of construction" means the first placement of 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 the installation of streets 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 as part of the main structure. For a structure
(other than a mobile home) without a basement or poured footings, the
"start of construction" includes the first permanent framing or assembly
or the structure or any part thereof on its piling or foundation. For mobile
homes not within a mobile home park or mobile home subdivision, "start of
construction" means the affixing of the mobile home to its permanent site.
For mobile homes within mobile home parks or mobile home subdivisions,
for servicing the site on which the mobile home is to be affixed (including
at a minimum, the construction of streets, either final site grading or
the pouring of concrete pads, and installation of utilities) is completed.
"Structure" means a walled roofed building or mobile home that is princi-
pally above. ground.
"Substantial Improvement" means any repair, construction, or improvement
of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure either:
(1) Before the improvement is started, or
(2) If the structure has been damaged and is being restored
before the damage occurred. For the purposes of this definition
"substantial improvement" is considered to occur when the
first alteration of any wall, ceiling, floor, or other structural
part of the building commences, whether or not that alteration
affects the external dimensions of the structure. The term does,
not however, include either:
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('k) Any project for improvement of a structure to comply
with existing state or local health, sanitary, or
safety code specifications which are solely necessary
to assure safe living conditions, or
(2) Any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of
Historic Places.
"Variance" means a grant of relief from the requirements of this ordinance
which permits construction in a manner that would otherwise be prohibited
by this ordinance.
Section 5.0
LEGISLATIVE
5.1 This Ordinance is determined to be an urgency measure for the preservation
of the Public Health, Safety and Welfare of the City of Lake Elsinore and
will become effective immediately upon it's adoption; to reduce the
possibility of injury or damage to persons or property due to possible
flooding.
5.1-2 The City Clerk shall cause this Ordinance to be published as required
by law.
5.1-3 Adopted, signed and attested to this 21st day of May, 1980.
s/ Jerry H. Stewart
Mayor of the City of Lake Elsinore
ATTEST:
s/ Florene Marshall
City Clerk of the City of Lake Elsinore