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HomeMy WebLinkAboutOrd. No. 1987-791ORDINANCE NO. 791 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RESCINDING EXISTING CHAPTER 64 OF TITLE ],5 OF THE LAKE ELSINbRE MUNICIPAL CODE AND ADDING A NEW CHAPTER 64 TO TITLE 15 TO SAID CObE WHICH SHALI BE KNOWN AS "FLOOD HAZARD AREAS." ~ ~_ J THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: In order to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, comfort, and general welfare; and In order to insure reasonable protection of human life and property from flood hazards; and In order to comply with recent changes to the Federal Emergency Management Agency (F.E.M.A.) Floodplain Management Criteria, and to assure continued City participation in the National Flood Insurance Proqram; Existing Chapter 64 of Title 15 of the Lake Elsinore Municipal Code is hereby rescinded in its entirety and a new Chapter 64 of Title 15, as contained in Exhibit "A," attached hereto and made a part hereof, is hereby added to said Code, and shall be known and may be cited as the "Flood Hazard Areas" Ordinance. SECTION TWO: This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this 24th day of March, 1987, upon the following. roll call vote: AYES: COUNCILMEMBERS: Dominguez, Matson, Winkler and Strigotte NOES: COUNCILMEMBER: Vermillion ABSENT: None ABSTENTIONS: None -1- PASSED, APPROVED AND ADOPTED UPON SECOND READING this 14th day of April, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: Dominguez, Matson, Winkler and Strigotte NOES: COUNCILMEMBERS: Vermillion ABSENT: None i ABSTENTIONS: None Leo' Stri tte, Mayor AT EST: Vicki L. Kasad, City Clerk (SEAli) APPROVED AS TO FORM AND LEGALITY: John R. Harper, 'ty Attorney -2- CHAPTER 15.64 FLOOD HAZARD AREAS Sections• 15.64.010 Intent. 15.64.020 Compliance. 15.64.030 Applicability. 15.64.040 Definitions. .15.64.050 Basis for establishing the areas of special floor hazard. 15.64.060 Development permit. 15.64.070 Administration--Designated. 15.64.080 Administration--Duties of City Engineer and Chief Building Official. 15.64.090 Standards of construction. 15.64.100 Standards for storage of materials and equipment. 15.64.110 Standards for utilities. 15.64.120 Standards for subdivisions. 15.64.130 Standards for manufactured homes and manufactured home parks and subdivisions. 15.64.140 Floodways. 15.64.010 Intent. 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 is a member of the National Flood Insurance program and has enacted Resolution Number 77-30 implementing that program. The future issuance of permits for construction or restoration of residen- tial structures in the flood hazard area is not in the best interest of the public safety and welfare. The City desires safe environment for its residents and to provide construction standards for non-residential structures, therefore, the pro- visions of this chapter shall govern development in flood hazard areas. 15.64.020 Compliance. No structure or land shall hereafter be developed, altered or modified in any way without full compliance with the terms of this chapter and other applicable regulations. 15.64.030 Applicabili~. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Lake Elsinore. 15.64.040 Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give the meaning they have in common usage and to give this chapter its most reasonable application. A. "Appeal" means a request for a review of the City Engineer's or Chief Building Official's interpretation of any provision of this chapter or a request for a variance. B. "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 (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is un- predictable and indeterminate; and, velocity flow may be evident. C. "Area of special flood hazard" means the land in the flood- plain within a community subject to a one percent (1~) or greater chance of flooding in any given year. This area is designated as an A, AO, AH, Al-30, VO and VL-30 zone on the FIRM. D. "Base flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year. Exhibit "A" E. "Development" means any man-made change to improved or unim- proved 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. F. "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 waters; and/or 2. The unusual and rapid accumulation of runoff of surface waters from any source. G. "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. H. "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. I. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood pro- files, the FIRM, the Flood Boundary Floodway Map,- and the water surface elevation of the base flood. J. "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. K. "Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, 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 that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. L. "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 connected to the required utilities. For flood plain management purposes the term "manufactured home" also in- cludes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "Manufactured home" does not include park trailers, travel trailers, and other similar vehicles. M. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. N. "New construction" means structures for which the start of construction commenced on or before the effective date of the ordinance codified in this chapter. O. "New manufactured home park or manufactured home subdivision" means a parcel, or contiguous parcels, of land divided into two (2) or more manufactured 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. P. "Other improvement" means any repair, construction or improve- ment of any structure. Q. "Start of Construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, place- ment, or other improvement was within 180 days of the permit date. 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. R. "Structure" means a walled roofed building or manufactured home that is principally above ground. S. "Substantial improvement" means any repair, construction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50~) of the market value of the struc- ture either: 1. Before the improvement is started; or 2. If the structure has been damaged and was 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 exter- nal dimensions of the structure. The term does not, however, include either: a. 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 b. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. T. "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. 15.64.050 Basis for establishina 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 Insur- ance Rate Map is adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file at City Hall, 130 South Main Street, Lake Elsinore, California. 15.64.060 Development permit. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 15.64.140. Application for a development permit shall be made on forms furnished by the Community Development Department. 15.64.070 Administration--Desianated. The City Engineer and Chief Building Official are appointed to administer and implement this chapter by granting or denying development permit applica- tions in accordance with its provisions. 15.64.080 Administration--Duties of Citv Enaineer and Chief Buildina Official. Duties of the City Engineer and Chief Build- ing Official shall include, but not be limited to: A. Permit Review. 1. Review of all development permits to determine that the permit requirements of this chapter have been satisfied; 2. Review all permits to determine that the site is reasonably safe from flooding; 3. Review all development permits to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. 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 not in- crease the water surface elevation of the base flood more than one (1) foot at any point in the City of Lake Elsinore floodplain. B. Use of Other Base Flood Data. The City Engineer and Chief Building Official shall obtain, review, and reason- ably utilize any base flood elevation data available from a federal, state or other source, in order to administer Sections 15.64.090 through 15.64.140. C. Information to be Obtained and Maintained. Obtain and maintain for public inspection and make available as needed for Flood Insurance Policies: 1. The certified elevation required in Section 15.64.090.01 and 3; 2. The certification required in Section 15.64.090.02; 3. The floodproofing certification required in Section 15.64.090.D2c; 4. The certified elevation required in Section 15.64.120.B; D. Alteration of Watercourses. 1. Notify adjacent communities and the State of California Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Admin- istration; 2. Require that the flood-carrying capacity of the altered or relocated portion of the watercourse is maintained. 15.64.090 Standards of construction. In all areas of special flood hazards, the following standards are required: A. Anchoring. 1. All new construction and other improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. 2. All manufactured homes shall meet the standards of Section 15.64.130. B. 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. C. Elevation of Residential Structures. 1. New construction and other structural member improve- ments including foundation of any structure except in flood hazard zones AO and A shall have the foundation elevated to or above the base flood elevation. Upon completion of the structure, the elevation of the foundation shall be certified by a registered profes- sional engineer or surveyor and provided to the offi- cial set forth in Section 15.64.080.0. 2. New construction and substantial. improvement of any structure in flood hazard zone AO shall have the low- est floor elevated to or above the depth number speci- fied 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 15.64.080.0. 3. New construction and substantial improvement of any structure in flood hazard zone A shall have the low- est floor elevated to or above the base flood eleva- tion. When the base flood elevation has not been determined, the City Engineer and Chief Building Official shall obtain, review and reasonably utilize any base flood elevation data available from a fed- eral, state or other source to determine this eleva- tion. Upon completion of the structure, the eleva- tion of the foundation shall be certified by a regis- tered professional engineer or surveyor and provided to the officials set forth in Section 15.64.080.0. 4. All manufactured homes to be placed or substantially improved within Zones Al-30, AA, and AE shall be elevated on a permanent foundation such that the low- est floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 15.64.130. D. Elevation and Floodproofing of Nonresidential Structures. New construction and substantial improvement of any nonresidential structure including foundation shall have the lowest floor elevated to or above the base flood elevation; or Together with attendant utility and sanitary facili- ties: a. Be floodproofed 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. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection, and a record of such certificates which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained with the City Engineer and Chief Building Official as set forth in Section 15.64.080.03 E. Enclosure of Areas Below the Base Flood Elevation. 1. For all new construction and substantial improvements, subject to flooding, fully or partially enclosed areas below the lowest floor shall be prohibited. 15,.64.100 Standards for storaae of materials and eauipment. A. The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be in- jurious to human and animal plant life is prohibited. B. 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. 15,.64.110 Standards for utilities. A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infil- tration of floodwaters into the system and discharge from systems into floodwaters. B. All septic tanks, cesspools, leach lines and seepage pits require written approval from the county department of health, and shall be located to avoid impairment to them or contamination from them during flooding. 15„64.120 Standards for subdivisions. A. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. B. 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 sur- veyor and provided to the official as set forth in Section 15.64.080.04. C. All subdivision proposals shall be consistent with the need to minimize flood damage. D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. E. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. 15 64.130 Standards for manufactured homes and manufactured home ~~ks and subdivisions. A. New, Expanded or Repaired Manufactured Home Parks and Manufactured Home Subdivisions. The following standards are required for new manufactured home parks or subdivi- sions; expansions to existing manufactured home parks or subdivisions; and repair, reconstruction, or .improvements to existing manufactured home parks or subdivisions: 1. Adequate surface drainage and access for a hauler shall be provided. 2. All manufactured homes shall be placed so that the lowest floor of the manufactured home is at or above the base flood level. 3. Manufactured homes, except in flood hazard zones A and AO shall have wheels and hitches intact to facilitate moving in case of flooding. 4. Manufactured homes in flood hazard zones A and AO shall meet the anchoring requirements of subsection C of this section. B. Existing Manufactured Home Parks or Subdivisions. 1. Manufactured homes places in existing manufactured home parks or subdivisions shall be placed so that the lowest floor of the manufactured home is at or above the base flood elevation. 2. Same as subsection A3 of this section. 3. Same as subsection A4 of this section. C. .Anchoring Standards. All manufactured homes and additions to manufactured homes shall be anchored to resist flota- tion, collapse, or lateral movement by one of the follow- ing methods: 1. By providing an anchoring system designed to withstand horizontal forces of twenty-five (25) pounds per square foot and up lift forces of fifteen (15) pounds per square foot; 2. By providing over-the-top and frame ties to ground anchors. Specifically: a. Over-the-top ties to be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations, with manufactured homes less than fifty feet (50') long requiring only one (1) additional tie per side, b. Frame ties to be provided at each corner of the home with five (5) additional ties per side at intermediate points, with manufactured homes less than fifty feet (50') long requiring only four (4) additional ties per side, and c. All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds. D. No manufactured home shall be placed in a floodway. 15.64.140 Floodwavs. hazard established in floodways. Since the to the velocity of fly jectiles, and erosion apply: Located within areas of special flood Section 15.64.030 are areas designated as floodway is an extremely hazardous area due ~odwaters which carry debris, potential pro- potential, the following provisions shall A. 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 occurrence of base flood discharge; B. Prohibit the placement of any manufactured homes; C. If subsections A and B of this section are satisfied, all new construction and other improvements shall comply with all applicable flood hazard reduction provisions of Sec- tion 15.64.090 through 15.64.140. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on April 14, 1987, and had its second reading on April 28, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: (~~ex'~,wti\ VICKI LYNNE SAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) VERMILLION NONE NONE I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 791, of said Council, and that the same has not been amended or repealed. DATED: April 28, 1987 VICKI LYNNE AD, CI Y CLERK CITY OF LAKE SINORE (SEAL)