HomeMy WebLinkAboutItem No. 11 Urgency Ordinance Muni Code, Ch 15.64, Flood Damage PreventionText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-107
Agenda Date: 3/14/2017 Status: BusinessVersion: 1
File Type: MapIn Control: City Council
Agenda Number: 11)
Page 1 City of Lake Elsinore Printed on 3/9/2017
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by: Rita Thompson, Senior Engineering Technician
Date:March 14, 2017
Subject:Urgency Ordinance Amending and Restating Lake Elsinore Municipal Code,
Chapter 15.64, Flood Damage Prevention
Recommendation
Adopt AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 15.64, FLOOD
DAMAGE PREVENTION OF THE LAKE ELSINORE MUNICIPAL CODE IN ITS
ENTIRETY TO ADOPT FLOOD HAZARD MAPS, DESIGNATE A FLOODPLAIN
ADMINISTRATOR; PROVIDE FOR SEVERABILITY AND AN EFFECTIVE DATE AND
PROVIDING FOR A HEARING ON OBJECTIONS
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.
As a member of the NFIP and CRS, the City and its residents benefit from reduced flood insurance
rates (currently 10% reduction in special flood hazard areas) 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 is responsible for overseeing the
State program which responsibilities include; establishing applicable development standards and
providing technical assistance to local communities.
The DWR, in response to changes in the California Building Code, prepared, distributed, and
recommended the use of a model flood damage prevention ordinance to update existing local
ordinances to meet the minimum standards of the NFIP, ensuring compliance at the local level.
The City’s current flood damage prevention ordinance (Chapter 15.64 of the LEMC), adopted on
August 24, 2010, was based on the former DWR model ordinance, with one exception, it provided
for a two-foot freeboard (structure lowest floor elevated 2 feet above the base flood elevation) in
Ordinance Re Flood Damage Prevention
March 14, 2017
Page 2
special flood hazard areas, which at the time, was a higher standard than DWR required. Now,
with adoption of the 2016 California Building Code and Appendix G (effective 2017), the two-foot
freeboard is the minimum standard.
Discussion
To ensure that the City meets the minimum standards for NFIP compliance, the City has used the
model to amend Chapter 15.64 to provide for coordination with the California Building Code
(recently adopted by the City) and adopt the most up to date flood insurance studies and flood
maps. 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.
The updated Chapter 15.64 is applicable to all areas in the City located in FEMA mapped special
flood hazard areas (also known as 100-year flood zones), areas that in any given year have a 1%
chance of flooding. Presently, the City as a part of the Lake Management Project, at LEMC
Chapter 15.68, imposes a freeboard requirement of three feet in areas immediately adjacent to
the Lake (the “Lake Floodplain”). 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 freeboard requirement
would remain in the Lake Floodplain and the existing two foot freeboard requirement would remain
in place over all other special flood hazard areas in the City. No changes to existing structures
are required by this amendment. A map showing the Lake Floodplain and the 100 year flood
zone is attached as Exhibit C.
FEMA requires that the City’s adopted floodplain management measures that meet or exceed
NFIP requirements be submitted not later than April 19, 2017 to FEMA for review and approval.
Consequently, the Ordinance is presented as an Urgency Ordinance pursuant to Government
Code Sections 36934 and 36937 and will become effective immediately upon findings of urgency
and adoption by the City Council by a four-fifths vote. The need to update the City’s floodplain
management measure poses a current and immediate threat to public health, safety and welfare
because, without this Urgency Ordinance, the lack of revised, amended standards could result in
an increased risk of flooding and flood losses caused by uses that are inadequately elevated,
flood proofed or protected from flood damage, a loss of affordable flood insurance to
homeowners, renters and businesses and a loss in eligibility for FEMA emergency assistance
from grant opportunities.
Fiscal Impact
None other than staff time.
Exhibits
A - Ordinance
B - Redline Markup of LEMC Section 15.64
C - Flood Area Map
URGENCY ORDINANCE NO. 2017 - ______
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING
CHAPTER 15.64, FLOOD DAMAGE PREVENTION OF THE LAKE
ELSINORE MUNICIPAL CODE IN ITS ENTIRETY TO ADOPT FLOOD
HAZARD MAPS, DESIGNATE A FLOODPLAIN ADMINISTRATOR;
PROVIDE FOR SEVERABILITY AND AN EFFECTIVE DATE AND
PROVIDING FOR A HEARING ON OBJECTIONS
WHEREAS, the Federal Emergency Management Agency (FEMA) has identified special
flood hazard areas within the boundaries of City of Lake Elsinore, and such areas may be subject
to periodic inundation which may result 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;
WHEREAS, the City of Lake Elsinore was accepted for participation in the FEMA National
Flood Insurance Program (NFIP) on September 17, 1980 and the City Council desires to continue
to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary
for such participation;
WHEREAS, the State of California Department of Water Resources (DWR) is the
coordinating agency for the NFIP and as such provides direction to the local communities to
ensure compliance with current NFIP regulations;
WHEREAS,the Legislature of the State of California has, in Government Code Sections
65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations
designed to promote the public health, safety, and general welfare of its citizenry;
WHEREAS, the DWR has provided a model flood damage prevention ordinance to the
local communities to tailor to their needs;
WHEREAS, Engineering Division staff has reviewed the model ordinance and adapted it
to meet the needs of the City of Lake Elsinore and provide for enhanced safety in areas of special
flood hazard, and
WHEREAS, the City of Lake Elsinore is required, pursuant to Government Code 18901 to
administer and enforce the State building codes, and such building codes contain certain
provisions that apply to the design and construction of buildings and structures in flood hazard
areas.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN
AS FOLLOWS:
Section 1:The City Council of the City of Lake Elsinore, as the legislative body of the
City, makes the following findings in support of the immediate adoption and application of this
Urgency Ordinance adopting specified amendments to the City’s Municipal Code provisions
relating to Flood Damage Prevention:
Ord. No. 2017 -
Page 2 of 31
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.The City is 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.
C.As a member of the NFIP and CRS, the City and its residents benefit from reduced
flood insurance rates (currently 10% reduction in special flood hazard areas) 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 is responsible for
overseeing the State program which responsibilities include; establishing applicable development
standards and providing technical assistance to local communities.
D.The DWR, in response to changes in the California Building Code, prepared,
distributed, and recommended the use of a model flood damage prevention ordinance to update
existing local ordinances to meet the minimum standards of the NFIP, ensuring compliance at the
local level. The City’s current flood damage prevention ordinance (Chapter 15.64 of the LEMC),
adopted on August 24, 2010 requires amendment to conform to the DWR updated model.
E.To ensure that the City meets the minimum standards for NFIP compliance, the
City has used the model to amend Chapter 15.64 to provide for coordination with the California
Building Code (recently adopted by the City) and adopt the most up to date flood insurance studies
and flood maps.
F.There is a current and immediate threat to public health, safety and welfare
because, without this Urgency Ordinance, the lack of revised, amended standards could result in
an increased risk of flooding and flood losses caused by uses that are inadequately elevated,
flood proofed or protected from flood damage, a loss of affordable flood insurance to
homeowners, renters and businesses and a loss in eligibility for FEMA emergency assistance
from grant opportunities.
G.FEMArequires that the City’s adopted floodplain management measures that meet
or exceed NFIP requirements be submitted not later than April 19, 2017 to FEMA for review and
approval.
H.Pursuant to Government Code Sections 36934 and 36937, the City Council may
adopt an Urgency ordinance, subject to findings of Urgency, by a four-fifths vote.
Section 2:That Chapter 15.64 of the Lake Elsinore Municipal Code is hereby
amended and restated in its entirety as follows:
Ord. No. 2017 -
Page 3 of 31
Chapter 15.64 Flood Damage Prevention Regulations
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 – Establishment of flood hazard areas.
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 and other proposed
development.
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, 1078, and 1208.
15.64.100 Statutory authorization; Title.
A.The Legislature of the State of California has in Government Code Sections 65302
65560 and 65800 conferred upon local government units authority to adopt regulations designed
to promote the public health safety and general welfare of its citizenry. Therefore the City of Lake
Elsinore, County of Riverside does hereby adopt the floodplain management regulations set forth
in this Chapter 15.64.
B.These regulations, in combination with the flood provisions of the California
Building Codes (hereinafter “building codes,” consisting of the Building Code, Residential Code,
Existing Building Code, and related codes) and Appendix G of the Building Code (hereinafter
“Appendix G”), shall be known as the Flood Damage Prevention Regulations of the City of Lake
Elsinore (hereinafter “these regulations”).
Ord. No. 2017 -
Page 4 of 31
C.These regulations specifically repeal and replace Ordinance No. 1208 “Flood
Damage Prevention.”
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 flood
proofed 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.
A.Purpose. The purposes of these regulations and the flood load and flood resistant
construction requirements of the building codes are to promote the public health, safety and
general welfare and to minimize public and private losses due to flood conditions in specific flood
hazard areas through the establishment of comprehensive regulations for management of flood
hazard areas, designed to:
1.Prevent unnecessary disruption of commerce, access and public service during
times of flooding;
2.Manage the alteration of natural floodplains, stream channels and shorelines;
3.Manage filling, grading, dredging and other development which may increase flood
damage or erosion potential;
4.Prevent or regulate the construction of flood barriers which will divert floodwaters
or which can increase flood hazards; and
5.Contribute to improved construction techniques in the floodplain.
B.Objectives.The objectives of these regulations are to protect human life, minimize
the expenditure of public money for flood control projects, minimize the need for rescue and relief
efforts associated with flooding, minimize prolonged business interruption, minimize damage to
public facilities and utilities, help maintain a stable tax base by providing for the sound use and
development of flood-prone areas, contribute to improved construction techniques in the
floodplain and ensure that potential owners and occupants are notified that property is within flood
hazard areas.
C.Scope.The provisions of these regulations, in combination with the flood
provisions of the building codes shall apply to all proposed development in flood hazard areas
established in Section 15.64.300 of these regulations.
D.Coordination with Building Codes.Pursuant to the requirement established in
Ord. No. 2017 -
Page 5 of 31
State statute that the City of Lake Elsinore administer and enforce the State building codes, the
City Council of City of Lake Elsinore does hereby acknowledge that the building codes contain
certain provisions that apply to the design and construction of buildings and structures in flood
hazard areas. Therefore, these regulations are intended to be administered and enforced in
conjunction with the building codes.
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
A. 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.
B. The following words and terms shall, for the purposes of these regulations, have
the meanings shown herein. Other terms are defined in the Building Code or Appendix G and
used in the Residential Code.
“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 and1500 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.
Ord. No. 2017 -
Page 6 of 31
“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.
“Alteration of a watercourse” means a dam, impoundment, channel relocation, change in
channel alignment, channelization, or change in cross-sectional area of the channel or the
channel capacity, or any other form of modification which may alter, impede, retard or change the
direction and/or velocity of the riverine flow of water during conditions of the base flood.
“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 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, A1-30, VE, and V1-V30, that indicates the water surface elevation
resulting from a flood that has a 1percent 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
Ord. No. 2017 -
Page 7 of 31
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.
“Building code” means the family of building codes specifically adopted by the State of
California and composed of:
1.The Building Code, applicable to buildings and structures other than dwellings
within the scope of the Residential Code.
2.The Residential Code, applicable to one- and two-family dwellings and
townhouses not more than three stories, and accessory structures.
3.The Existing Building Code, applicable to existing buildings (as defined in that
code).
4.Other specified codes.
“Development” means any manmade change to improved or unimproved real estate,
including but not limited to, buildings or other structures, temporary structures, temporary or
permanent storage of materials, mining, dredging, filling, grading, paving, excavations, operations
and other land-disturbing activities.
“Encroachment” means the placement of fill, excavation, buildings, permanent structures
or other development into a flood hazard area which may impede or alter the flow capacity of
riverine flood hazard areas.
“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:
Ord. No. 2017 -
Page 8 of 31
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.
“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 floodprone 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
Ord. No. 2017 -
Page 9 of 31
floodprone 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 2-2008 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.
“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:
Ord. No. 2017 -
Page 10 of 31
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 buildings 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 (B), 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
Ord. No. 2017 -
Page 11 of 31
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” means the price at which a property will change hands between a willing
buyer and a willing seller, neither party being under compulsion to buy or sell and both having
reasonable knowledge of relevant facts. As used in this ordinance, the term refers to the market
value of buildings and structures, excluding the land and other improvements on the parcel.
Market value may be established by a qualified independent appraiser, Actual Cash Value
(replacement cost depreciated for age and quality of construction), or tax assessment value
adjusted to approximate market value by a factor provided by the Property Appraiser.
“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 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.
Ord. No. 2017 -
Page 12 of 31
“Program deficiency” means a defect in a community 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;
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, A1-30, AE, A99, AH, V1-30, 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
Ord. No. 2017 -
Page 13 of 31
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
“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 two 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:
a.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
b.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 river, creek, stream, channel or other topographic feature in, on,
through, or over which water flows at least periodically.
Ord. No. 2017 -
Page 14 of 31
15.64.300 General provisions - Applicability.
A.This chapter shall apply to all areas of special flood hazard within the jurisdiction
of the City of Lake Elsinore.
B.These regulations, in conjunction with the building codes, provide minimum
requirements for development located in flood hazard areas, including the subdivision of land;
site improvements and installation of utilities; placement and replacement of manufactured
homes; placement of recreational vehicles; new construction and repair, reconstruction,
rehabilitation or additions to new construction; substantial improvement of existing buildings and
structures, including restoration after damage; installation of tanks; temporary structures and
temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and
certain building work exempt from permit under the building codes; and other buildings and
development activities.
C.The provisions of these regulations shall not be deemed to nullify any provisions
of local, State or federal law.
15.64.310 General provisions – Establishment of flood hazard areas.
The City of Lake Elsinore was accepted for participation in the National Flood Insurance
Program (NFIP) on September 17, 1980.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 all subsequent
amendments and/or revisions, are hereby adopted by reference and declared to be a part of this
ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance
and may be supplemented by studies for other areas which allow implementation of this ordinance
and which are recommended to the City of Lake Elsinore City Council by the Floodplain
Administrator. The study, FIRM’s and FBFM’s are on file at City of Lake Elsinore Engineering
Department, City Hall, 130 South Main Street, Lake Elsinore, California, 92530.
15.64.320 General provisions – Compliance
A.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.
B.Any violation of a provision of these regulations, or failure to comply with a permit
or variance issued pursuant to these regulations or any requirement of these regulations, shall be
handled in accordance with the requirements of Lake Elsinore Municipal Code Chapter 1.16.
15.64.330 General provisions - Abrogation and greater restrictions.
These regulations supersede any ordinance in effect in flood hazard areas. However,
these regulations are not intended to repeal or abrogate any existing ordinances including land
development regulations, subdivision regulations, zoning ordinances, stormwater management
Ord. No. 2017 -
Page 15 of 31
regulations, or building codes. In the event of a conflict between these regulations and any other
ordinance, code, or regulation, the more restrictive shall govern.
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 Statute.
15.64.350 General Provisions –Warning and disclaimer of liability.
A.The degree of flood protection required by these regulations and the building codes
is considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur. Flood heights may be increased by man-made
or natural causes. Enforcement of these regulations and the building codes does not imply that
land outside the special flood hazard areas, or that uses permitted within such flood hazard areas,
will be free from flooding or flood damage.
B.The Floodplain Administrator and any employee charged with the enforcement of
these regulations, while acting for the jurisdiction in good faith and without malice in the discharge
of the duties required by these regulations or other pertinent law or ordinance, shall not thereby
be rendered liable personally and is hereby relieved from personal liability for any damage
accruing to the persons or property as a result of any act or by reason of any act or omission in
the discharge of official duties. Any suit instituted against an officer or employee because of an
act performed by that officer or employee in the lawful discharge of duties under the provisions of
these regulations shall be defended by legal representative of the jurisdiction until the final
termination of the proceedings. The floodplain Administrator and any subordinate shall not be
liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of
these regulations.
15.64.360 General provisions – Severability.
If any section, subsection, sentence, clause, or phrase of these regulations is, for any
reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the
validity of the regulations as a whole, or any part thereof, other than the part so declared.
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:
Ord. No. 2017 -
Page 16 of 31
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 flood proofed 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.
B. Certification from a registered civil engineer or architect that the nonresidential
floodproofed building meets the flood proofing criteria in LEMC 15.64.500.
C. For a crawlspace 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.
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(I).
15.64.410 Administration - Designation of the Floodplain Administrator
The City Engineer is designated the Floodplain Administrator. The Floodplain
Administrator may delegate performance of certain duties to other employees.
15.64.420 Administration – Duties and responsibilities of the Floodplain Administrator.
A.The Floodplain Administrator is authorized and directed to administer the
provisions of these regulations. The Floodplain Administrator shall have the authority to render
interpretations of these regulations and to establish policies and procedures in order to clarify the
application of its provisions. Such interpretations, policies and procedures shall be consistent with
the intent and purpose of these regulations and the flood provisions of the building code.
Ord. No. 2017 -
Page 17 of 31
B.Where Appendix G refers to the Building Official, each such reference shall refer
to the Floodplain Administrator. The Floodplain Administrator is authorized and directed to
administer and enforce the provisions of Appendix G.
C.The Floodplain Administrator shall coordinate with the Building Official to
administer and enforce the flood provisions of the building code, including Appendix G.
D.It shall be the responsibility of the Floodplain Administrator to assure that approval
of a proposed development shall not be given until proof that necessary permits have been
granted by federal or State agencies having jurisdiction
E.The duties of the Floodplain Administrator shall include but are not limited to:
1.Review all permit applications to determine whether proposed
development is located in flood hazard areas established in Section 15.64.310 of these
regulations.
2.Require development in flood hazard areas to be reasonably safe from
flooding and to be designed and constructed with methods, practices and materials that minimize
flood damage.
3.Interpret flood hazard area boundaries, provide available flood elevation
and flood hazard information.
4.Determine whether additional flood hazard data shall be obtained or
developed.
5.Establish, in coordination with the Building Official, written procedures for
administering and documenting determinations of substantial improvement and substantial
damage made pursuant to Section 15.64.420 of these regulations.
6.Review requests submitted to the Building Official that seek approval to
modify the strict application of the flood load and flood resistant construction requirements of the
building code, to determine whether such requests require consideration as a variance pursuant
to Appendix G.
7.Require applicants who submit hydrologic and hydraulic engineering
analyses to support permit applications to submit to FEMA the data and information necessary to
maintain the Flood Insurance Rate Maps if the analyses propose to change base flood elevations,
flood hazard area boundaries, or floodway designations; such submissions shall be made within
6 months of such data becoming available.
8.Require applicants who propose alteration of a watercourse to notify
adjacent community and the NFIP State Coordinating Agency, and to submit copies of such
notifications to the Federal Emergency Management Agency (FEMA).
9.Inspect development within the scope of Appendix G, if delegated by the
building official, and inspect flood hazard areas to determine if development is undertaken without
issuance of permits.
Ord. No. 2017 -
Page 18 of 31
10.Notify the Federal Emergency Management Agency when the corporate
boundaries of City of Lake Elsinore have been modified.
11.Require all Letters of Map Revision LOMRs 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 CLOMRs. Approved CLOMRs allow construction of the
proposed flood control project and land preparation as specified in the start of construction
definition.
F.Development of Substantial Improvement and Substantial Damage Procedures.
For applications for building permits to improve buildings and structures, including
alterations, movement, enlargement, replacement, repair, change of occupancy, additions,
rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any
other improvement of or work on such buildings and structures, the Floodplain Administrator, in
coordination with the Building Official, shall:
1.Estimate the market value, or require the applicant to obtain a professional
appraisal prepared by a qualified independent appraiser, of the market value of the building or
structure before the start of construction of the proposed work; in the case of repair, the market
value of the building or structure shall be the market value before the damage occurred and before
any repairs are made.
2.Compare the cost to perform the improvement, the cost to repair the
damaged building to its pre-damaged condition, or the combined costs of improvements and
repairs, if applicable, to the market value of the building or structure.
3.Determine and document whether the proposed work constitutes
substantial improvement or repair of substantial damage.
4.Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood resistant
construction requirements of the building code is required.
5.Assure procedures are coordinated with other departments/divisions and
implemented by City staff.
G.Review, Use and Development of Other Base Flood Data.
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.
Ord. No. 2017 -
Page 19 of 31
H.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.
I.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 by LEMC
15.64.500(C)(1) and 15.64.530(A) (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);
Ord. No. 2017 -
Page 20 of 31
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 (subdivision standards) and 15.04.010 (California Building Code); and
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 (F).
7.In addition to the requirements of the building code and Appendix G, and
regardless of any limitation on the period required for retention of public records, the Floodplain
Administrator shall maintain and permanently keep and make available for public inspection all
records that are necessary for the administration of these regulations and the flood provisions of
the building codes, including Flood Insurance Rate Maps; documents from FEMA that amend or
revise FIRMS; records of issuance of permits and denial of permits; determinations of whether
proposed work constitutes substantial improvement or repair of substantial damage; required
certifications and documentation specified by the building codes an these regulations;
notifications to adjacent communities, FEMA, and the State related to alterations of watercourses;
assurance that the flood carrying capacity of altered waterways will be maintained; documentation
related to variances, including justification for their issuance; and records of enforcement actions
taken pursuant to these regulations and the flood resistant provisions of the building codes.
J.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.
K.Remedial Action. Take action to remedy violations of this chapter as specified
in LEMC 15.64.320.
L.Biennial Report. Complete and submit Biennial Report to FEMA.
M.Planning. Assure community's General Plan is consistent with floodplain
management objectives herein.
N.Reserved.
O.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:
a.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;
Ord. No. 2017 -
Page 21 of 31
b.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
c.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:
a.With flood-resistant materials, and utility equipment resistant to flood
damage for areas below the base flood elevation;
b.Using methods and practices that minimize flood damage;
c.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
d.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:
Ord. No. 2017 -
Page 22 of 31
a.In AE, AH, A1-30 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.
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;
2.The bottom of all openings shall be no higher than one foot
above grade.
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
Ord. No. 2017 -
Page 23 of 31
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.
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 15.64.500(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-6-93.
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 15.64.500(C)(3).
Ord. No. 2017 -
Page 24 of 31
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:
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 applicationfor 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.
Ord. No. 2017 -
Page 25 of 31
E.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.
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;
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 A1 - 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 A1 - 30, AH, and AE, on the
community's FloodInsuranceRate Map(FIRM) that are notsubject tothe 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 A1 - A30, 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, or be fully licensed and
ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or
Ord. No. 2017 -
Page 26 of 31
jacking system, is attached to the. site onlyby quick disconnecttype utilities and securitydevices,
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, or other
development (including fill) shall be permitted in Zones A 1 - A-30 development 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 one
(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:
Ord. No. 2017 -
Page 27 of 31
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.
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 requestsfor 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;
Ord. No. 2017 -
Page 28 of 31
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.
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
4.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 issuedfor 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
Ord. No. 2017 -
Page 29 of 31
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 a 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 requirement 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 increased 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 3:The City Council hereby finds, in the exercise of its independent
judgment and analysis, that this ordinance is exempt from the California Environmental Quality
Act of 1970 (“CEQA”), as amended, because it can be seen with certainty that this Urgency
ordinance has no likelihood of causing a significant negative effect on the environment and
accordingly both the City Council’s action of adopting this ordinance and the effects derivative
from that adoption are exempt from the application of the CEQA, pursuant to Section
15061(b)(3) of the State CEQA Guidelines (14 Cal. Code Regs. § 15061(b)(3)).
Section 4:The City Council believes that it is necessary to enact permanent
regulations immediately, consistent with State law and the DWR Model ordinance, as amended
above, to protect life, safety, and property of residents. In order to alleviate and address this
Ord. No. 2017 -
Page 30 of 31
threat, this Urgency Ordinance is adopted pursuant to the provisions of Government Code
Sections 36934 and 36937, and shall be effective immediately upon its adoption. Based upon
the findings set forth in Section 1 of this Urgency Ordinance, the City Council finds and
determines that the adoption of this Urgency Ordinance is necessary for the immediate
preservation and protection of the public peace, health, safety and welfare pursuant to the
requirements of Government Code Sections 36934 and 36937. This Urgency Ordinance is
adopted pursuant to California Government Code Section 36937 and shall take effect
immediately upon adoption by a four-fifths vote of the City Council.
Section 5:If any provision, clause, sentence or paragraph of this Ordinance 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 6:The City Clerk shall certify to the passage of this Ordinance and shall cause
the same to be published according to law.
PASSED AND ADOPTED this day of , 2017.
Robert E. Magee
Mayor
Attest:
Susan M. Domen, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Resolution No. ______ was adopted by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of _________, and that the same was adopted by the following
vote:
AYES:
NOES:
ABSENT:
Ord. No. 2017 -
Page 31 of 31
I further certify that said Synopsis was published as required by law in a newspaper of
general circulation in the City of Lake Elsinore, California on the _____day of
____________________, 2017, and on the _______day of _____________________, 2017
Susan M. Domen, MMC
City Clerk
URGENCY ORDINANCE NO. 2017 - ______
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING
CHAPTER 15.64, FLOOD DAMAGE PREVENTION OF THE LAKE
ELSINORE MUNICIPAL CODE IN ITS ENTIRETY TO ADOPT FLOOD
HAZARD MAPS; TO DESIGNATE A FLOODPLAIN ADMINISTRATOR;
PROVIDE FOR SEVERABILITY AND AN EFFECTIVE DATE AND
PROVIDING FOR A HEARING ON OBJECTIONS.
Whereas,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DOES ORDAIN
AS FOLLOWS:
Section 1:The City Council of the City of Lake Elsinore, as the legislative body of the City,
makes the following findings in support of the immediate adoption and application of this Urgency
Ordinance adopting specified amendments to the City’s Municipal Code Provisions relating to
Flood Damage Prevention:
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.The City is 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.
C.As a member of the NFIP and CRS, the City and its residents benefit from reduced
flood insurance rates (currently 10% reduction in special flood hazard areas) 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 is responsible for
overseeing the State program which responsibilities include; establishing applicable development
standards and providing technical assistance to local communities.
D.The DWR, in response to changes in the California Building Code, prepared,
distributed, and recommended the use of a model flood damage prevention ordinance to update
existing local ordinances to meet the minimum standards of the NFIP, ensuring compliance at the
local level. The City’s current flood damage prevention ordinance (Chapter 15.64 of the LEMC),
adopted on August 24, 2010 requires amendment to conform to the DWR updated model.
E.To ensure that the City meets the minimum standards for NFIP compliance, the
City has used the model to amend Chapter 15.64 to provide for coordination with the California
Building Code (recently adopted by the City) and adopt the most up to date flood insurance studies
and flood maps.
Ord. No. 2017 -
Page 2 of 30
F.There is a current and immediate threat to public health, safety and welfare
because, without this Urgency Ordinance, the lack of revised, amended standards could result in
an increased risk of flooding and flood losses caused by uses that are inadequately elevated,
flood proofed or protected from flood damage, a loss of affordable flood insurance to
homeowners, renters and businesses and a loss in eligibility for FEMA emergency assistance
from grant opportunities.
G.FEMArequires that the City’s adopted floodplain management measures that meet
or exceed NFIP requirements be submitted not later than April 19, 2017 to FEMA for review and
approval.
H.Pursuant to Government Code Sections 36934 and 36937, the City Council may
adopt an Urgency ordinance, subject to findings of Urgency, by a four-fifths vote.
Section 2: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 Regulations
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 – Establishment of flood hazard areas.
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 and other proposed
development.
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.
Ord. No. 2017 -
Page 3 of 30
15.64.620 Variance procedures – Conditions for variances.
Prior legislation: Ords. 603, 791, 832, 837, 906, 1078, and 1208.
15.64.100 Statutory authorization; Title.
A.The Legislature of the State of California has in Government Code Sections 65302,
65560, and 65800 conferred upon local government units authority to adopt regulations designed
to promote the public health, safety, and general welfare of its citizenry. Therefore the City of Lake
Elsinore, County of Riverside does hereby adopt the floodplain management regulations set forth
in this Chapter 15.64.
B.These regulations, in combination with the flood provisions of the California
Building Codes (hereinafter “building codes,” consisting of the Building Code, Residential Code,
Existing Building Code, and related codes) and Appendix G of the Building Code (hereinafter
“Appendix G”), shall be known as the Flood Damage Prevention Regulations of the City of Lake
Elsinore (hereinafter “these regulations”).
C.These regulations specifically repeal and replace Ordinance No. 1208, “Flood
Damage Prevention.”
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 flood
proofed 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.
A.IPurpose. The purposes of these regulations and the flood load and flood
resistant construction requirements of the building codes are to promote the public health, safety
and general welfare and to minimize public and private losses due to flood conditions in specific
flood hazard areas through the establishment of comprehensive regulations for management of
flood hazard areas, designed to:
1.Prevent unnecessary disruption of commerce, access and public service during
times of flooding;
2.Manage the alteration of natural floodplains, stream channels and shorelines;
3.Manage filling, grading, dredging and other development which may increase flood
damage or erosion potential;
Ord. No. 2017 -
Page 4 of 30
4.Prevent or regulate the construction of flood barriers which will divert floodwaters
or which can increase flood hazards; and
5.Contribute to improved construction techniques in the floodplain.
B.Objectives.The objectives of these regulations are to protect human life, minimize
the expenditure of public money for flood control projects, minimize the need for rescue and relief
efforts associated with flooding, minimize prolonged business interruption, minimize damage to
public facilities and utilities, help maintain a stable tax base by providing for the sound use and
development of flood-prone areas, contribute to improved construction techniques in the
floodplain and ensure that potential owners and occupants are notified that property is within flood
hazard areas.
C.Scope.The provisions of these regulations, in combination with the flood
provisions of the building codes shall apply to all proposed development in flood hazard areas
established in Section 15.64.300 of these regulations.
D.Coordination with Building Codes.Pursuant to the requirement established in
State statute that the City of Lake Elsinore administer and enforce the State building codes, the
City Council of City of Lake Elsinore does hereby acknowledge that the building codes contain
certain provisions that apply to the design and construction of buildings and structures in flood
hazard areas. Therefore, these regulations are intended to be administered and enforced in
conjunction with the building codes.
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
Ord. No. 2017 -
Page 5 of 30
A.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.
B.The following words and terms shall, for the purposes of these regulations, have
the meanings shown herein. Other terms are defined in the Building Code or Appendix G and
used in the Residential Code.
“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 and1500 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.
“Alteration of a watercourse” means a dam, impoundment, channel relocation, change in
channel alignment, channelization, or change in cross-sectional area of the channel or the
channel capacity, or any other form of modification which may alter, impede, retard or change the
direction and/or velocity of the riverine flow of water during conditions of the base flood.
“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 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.
Ord. No. 2017 -
Page 6 of 30
“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, A1-30, VE, and V1-V30, that indicates the water surface elevation
resulting from a flood that has a 1percent 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.
“Building code” means the family of building codes specifically adopted by the State of
California and composed of:
1.The Building code, applicable to buildings and structures other than dwellings within the
scope of the Residential Code.
2.The Residential Code, applicable to one- and two-family dewllings and townhouses not
more than three stories, and accessory structures.
3.The Existing Building Code, applicable to existing buildings (as defined in that
code).
4.Other specified codes.
Ord. No. 2017 -
Page 7 of 30
“Development” means any manmade change to improved or unimproved real estate,
including but not limited to, buildings or other structures, temporary structures, temporary or
permanent storage of materials, mining, dredging, filling, grading, paving, excavations, operations
and other land-disturbing activities.
“Encroachment” means the placement of fill, excavation, buildings, permanent structures
or other development into a flood hazard area which may impede or alter the flow capacity of
riverine flood hazard areas.
“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
Ord. No. 2017 -
Page 8 of 30
or bank and high water levels or wind driven currents, is likely to suffer flood related erosion
damage.
“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 floodprone 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
floodprone 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 2-2008 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.
Ord. No. 2017 -
Page 9 of 30
“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.
“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.
Ord. No. 2017 -
Page 10 of 30
“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 buildings 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 (B), 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” means the price at which a property will change hands between a willing
buyer and a willing seller, neither party being under compulsion to buy or sell and both having
reasonable knowledge of relevant facts. As used in this ordinance, the term refers to the market
value of buildings and structures, excluding the land and other improvements on the parcel.
Market value may be established by a qualified independent appraiser, Actual Cash Value
(replacement cost depreciated for age and quality of construction), or tax assessment value
adjusted to approximate market value by a factor provided by the Property Appraiser.
“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 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.
Ord. No. 2017 -
Page 11 of 30
“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 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;
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.
Ord. No. 2017 -
Page 12 of 30
“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, A1-30, AE, A99, AH, V1-30, 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
“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 two 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:
Ord. No. 2017 -
Page 13 of 30
a.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
b.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 river, creek, stream, channel or other topographic feature in, on,
through, or over which water flows at least periodically.
15.64.300 General provisions – Applicability.
A.This chapter shall apply to all areas of special flood hazard within the jurisdiction
of the City of Lake Elsinore.
B.These regulations, in conjunction with the building codes, provide minimum
requirements for development located in flood hazard areas, including the subdivision of land;
site improvements and installation of utilities; placement and replacement of manufactured
homes; placement of recreational vehicles; new construction and repair, reconstruction,
rehabilitation or additions to new construction; substantial improvement of existing buildings and
structures, including restoration after damage; installation of tanks; temporary structures and
temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and
certain building work exempt from permit under the building codes; and other buildings and
development activities.
C.The provisions of these regulations shall not be deemed to nullify any provisions
of local, State or federal law.
15.64.310 General provisions – Establishment of flood hazard areas.
The City of Lake Elsinore was accepted for participation in the National Flood Insurance
Program (NFIP) on September 17, 1980.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 all subsequent
amendments and/or revisions, are hereby adopted by reference and declared to be a part of this
ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance
Ord. No. 2017 -
Page 14 of 30
and may be supplemented by studies for other areas which allow implementation of this
ordinance 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
A.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.
B.Any violation of a provision of these regulations, or failure to comply with a permit
or variance issued pursuant to these regulations or any requirement of these regulations, shall be
handled in accordance with the requirements of Lake Elsinore Municipal Code Chapter 1.16.
15.64.330 General provisions - Abrogation and greater restrictions.
These regulations supersede any ordinance in effect in flood hazard areas. However,
these regulations are not intended to repeal or abrogate any existing ordinances including land
development regulations, subdivision regulations, zoning ordinances, stormwater management
regulations, or building codes. In the event of a conflict between these regulations and any other
ordinance, code, or regulation, the more restrictive shall govern.
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 Statute.
15.64.350 General Provisions –Warning and disclaimer of liability.
A.The degree of flood protection required bythese regulations and the building codes
is considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur. Flood heights may be increased by man-made
or natural causes. Enforcement of these regulations and the building codes does not imply that
land outside the special flood hazard areas, or that uses permitted within such flood hazard areas,
will be free from flooding or flood damage
B.The Floodplain Administrator and any employee charged with the enforcement of
these regulations, while acting for the jurisdiction in good faith and without malice in the discharge
of the duties required by these regulations or other pertinent law or ordinance, shall not thereby
be rendered liable personally and is hereby relieved from personal liability for any damage
accruing to the persons or property as a result of any act or by reason of any act or omission in
Ord. No. 2017 -
Page 15 of 30
the discharge of official duties. Any suit instituted against an officer or employee because of an
act performed by that officer or employee in the lawful discharge of duties under the provisions of
these regulations shall be defended by legal representative of the jurisdiction until the final
termination of the proceedings. The floodplain Administrator and any subordinate shall not be
liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of
these regulations.
15.64.360 General provisions – Severability.
If any section, subsection, sentence, clause, or phrase of these regulations is, for any
reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the
validity of the regulations as a whole, or any part thereof, other than the part so declared.
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 flood proofed 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.
B. Certification from a registered civil engineer or architect that the nonresidential
floodproofed building meets the flood proofing criteria in LEMC 15.64.500.
Ord. No. 2017 -
Page 16 of 30
C. For a crawlspace 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.
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(I).
15.64.410 Administration - Designation of the Floodplain Administrator
The City Engineer isdesignated the Floodplain Administrator. The Floodplain
Administrator may delegate performance of certain duties to other employees.
15.64.420 Administration – Duties and responsibilities of the Floodplain Administrator.
A.The Floodplain Administrator is authorized and directed to administer the
provisions of these regulations. The Floodplain Administrator shall have the authority to render
interpretations of these regulations and to establish policies and procedures in order to clarify the
application of its provisions. Such interpretations, policies and procedures shall be consistent with
the intent and purpose of these regulations and the flood provisions of the building code.
B.Where Appendix G refers to the Building Official, each such reference shall refer
to the Floodplain Administrator. The Floodplain Administrator is authorized and directed to
administer and enforce the provisions of Appendix G.
C.The Floodplain Administrator shall coordinate with the Building Official to
administer and enforce the flood provisions of the building code, including Appendix G.
D.It shall be the responsibility of the Floodplain Administrator to assure that approval
of a proposed development shall not be given until proof that necessary permits have been
granted by federal or State agencies having jurisdiction
E.The duties of the Floodplain Administrator shall include but are not limited to:
1.Review all permit applications to determine whether proposed
development is located in flood hazard areas established in Section 15.64.310 of these
regulations.
2.Require development in flood hazard areas to be reasonably safe from
flooding and to be designed and constructed with methods, practices and materials that minimize
flood damage.
3.Interpret flood hazard area boundaries, provide available flood elevation
and flood hazard information.
4.Determine whether additional flood hazard data shall be obtained or
developed.
Ord. No. 2017 -
Page 17 of 30
5.Establish, in coordination with the Building Official, written procedures for
administering and documenting determinations of substantial improvement and substantial
damage made pursuant to Section 15.64.420 of these regulations.
6.Review requests submitted to the Building Official that seek approval to modify the
strict application of the flood load and flood resistant construction requirements of the
building code, to determine whether such requests require consideration as a variance
pursuant to Appendix G.
7.Require applicants who submit hydrologic and hydraulic engineering
analyses to support permit applications to submit to FEMA the data and information necessary to
maintain the Flood Insurance Rate Maps if the analyses propose to change base flood elevations,
flood hazard area boundaries, or floodway designations; such submissions shall be made within
6 months of such data becoming available.
8.Require applicants who propose alteration of a watercourse to notify
adjacent community and the NFIP State Coordinating Agency, and to submit copies of such
notifications to the Federal Emergency Management Agency (FEMA).
9.Inspect development within the scope of Appendix G, if delegated by the
building official, and inspect flood hazard areas to determine if development is undertaken without
issuance of permits.
10.Notify the Federal Emergency Management Agency when the corporate
boundaries of City of Lake Elsinore have been modified.
11.Require all Letters of Map Revision LOMRs 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 CLOMRs. Approved CLOMRs allow construction of the
proposed flood control project and land preparation as specified in the start of construction
definition.
F.Development of Substantial Improvement and Substantial Damage Procedures.
For applications for building permits to improve buildings and structures, including
alterations, movement, enlargement, replacement, repair, change of occupancy, additions,
rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any
other improvement of or work on such buildings and structures, the Floodplain Administrator, in
coordination with the Building Official, shall:
1.Estimate the market value, or require the applicant to obtain a professional
appraisal prepared by a qualified independent appraiser, of the market value of the building or
structure before the start of construction of the proposed work; in the case of repair, the market
value of the building or structure shall be the market value before the damage occurred and before
any repairs are made.
2.Compare the cost to perform the improvement, the cost to repair the
damaged building to its pre-damaged condition, or the combined costs of improvements and
repairs, if applicable, to the market value of the building or structure.
Ord. No. 2017 -
Page 18 of 30
3.Determine and document whether the proposed work constitutes
substantial improvement or repair of substantial damage.
4.Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood resistant
construction requirements of the building code is required.
5.Assure procedures are coordinated with other departments/divisions and
implemented by City staff.
G.Review, Use and Development of Other Base Flood Data Review.
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,
inorder 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.
H.NotificationofOtherAgencies.
1.Alteration or relocation ofawatercourse:
a.Notify adjacent communities and the California Department of
Water Resources priorto alteration or relocation;
b.Submit evidence of such notification to the Federal Emergency
ManagementAgency;and
c.Assure that the flood carrying capacity within the altered or
relocated portionofsaidwatercourse ismaintained.
2.BaseFloodElevationchanges dueto physicalalterations:
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"startofconstruction" definition.
Ord. No. 2017 -
Page 19 of 30
Such submissions are necessary so that upon confirmation of those physical
changes affecting flooding conditions, risk premium rates and floodplain management
requirements are based oncurrent data.
3.Changes incorporate 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
thenewcorporate limits.
I 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 by LEMC
15.64.500(C)(1) and 15.64.530(A)(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 (F).
7.In addition to the requirements of the building code and Appendix G, and
regardless of any limitation on the period required for retention of public records, the Floodplain
Administrator shall maintain and permanently keep and make available for public inspection all
records that are necessary for the administration of these regulations and the flood provisions of
the building codes, including Flood Insurance Rate Maps; documents from FEMA that amend or
revise FIRMS; records of issuance of permits and denial of permits; determinations of whether
proposed work constitutes substantial improvement or repair of substantial damage; required
certifications and documentation specified by the building codes an these regulations;
notifications to adjacent communities, FEMA, and the State related to alterations of watercourses;
assurance that the flood carrying capacity of altered waterways will be maintained; documentation
related to variances, including justification for their issuance; and records of enforcement actions
taken pursuant to these regulations and the flood resistant provisions of the building codes.
J.Map Determinations.Make interpretations where needed,as to the
exact location of the boundaries of the areas of special flood hazard,where there appears
Ord. No. 2017 -
Page 20 of 30
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.
K.Remedial Action. Take action to remedy violations of this chapter as specified
in LEMC 15.64.320.
L.Biennial Report.Complete and submit Biennial Report to FEMA.
M.Planning. Assure community's General Plan is consistent with floodplain
management objectives herein. ·
N.Reserved.
O.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:
a.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;
b.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
c.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.
Ord. No. 2017 -
Page 21 of 30
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:
a.With flood-resistant materials, and utility equipment resistant to flood
damage for areas below the base flood elevation;
b.Using methods and practices that minimize flood damage;
c.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
d.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, A1-30 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.
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;
Ord. No. 2017 -
Page 22 of 30
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;
2.The bottom of all openings shall be no higher than one foot
above grade.
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.
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 15.64.500(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-6-93.
b.Detached garages and accessory structures.
Ord. No. 2017 -
Page 23 of 30
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 15.64.500(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:
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:
Ord. No. 2017 -
Page 24 of 30
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 applicationfor 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.
E.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.
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;
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 A1 - 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
Ord. No. 2017 -
Page 25 of 30
fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral
movement.
B.All manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within Zones A1 - 30, AH, and AE, on the
community's FloodInsuranceRate Map(FIRM) that are notsubject tothe 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 A1 - A30, 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, or 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 onlyby quick disconnecttype utilities and securitydevices,
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, or other
development (including fill) shall be permitted in Zones A 1 - A-30 development 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 one
(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
Ord. No. 2017 -
Page 26 of 30
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
4.Drainage, planting, watering, and maintenance not endanger slope.
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.
Ord. No. 2017 -
Page 27 of 30
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 requestsfor 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
Ord. No. 2017 -
Page 28 of 30
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
4.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 issuedfor 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 a 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 requirement 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
Ord. No. 2017 -
Page 29 of 30
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 increased 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 5:If any provision, clause, sentence or paragraph of this Ordinance 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:The City Council hereby finds, in the exercise of its independent
judgment and analysis, that this ordinance is exempt from the California Environmental Quality
Act of 1970 (“CEQA”), as amended, because it can be seen with certainty that this Urgency
ordinance has no likelihood of causing a significant negative effect on the environment and
accordingly both the City Council’s action of adopting this ordinance and the effects derivative
from that adoption are exempt from the application of the CEQA, pursuant to Section
15061(b)(3) of the State CEQA Guidelines (14 Cal. Code Regs § 15061(b)(3)).
Section 4:The City Council believes that it is necessary to enact permanent
regulations immediately, consistent with State law and the DWR Model ordinance, as amended
above, to protect life, safety, and property of residents. In order to alleviate and address this
threat, this Urgency Ordinance is adopted pursuant to the provisions of Government Code
Sections 36934 and 36937, and shall be effective immediately upon its adoption. Based upon
the findings set forth in Section 1 of this Urgency Ordinance, the City Council finds and
determines that the adoption of this Urgency Ordinance is necessary for the immediate
preservation and protection of the public peace, health, safety and welfare pursuant to the
requirements of Government Code Sections 36934 and 36937. This Urgency Ordinance is
adopted pursuant to California Government Code Section 36937 and shall take effect
immediately upon adoption by a four-fifths vote of the City Council.
Section 6:The City Clerk shall certify to the passage of this Ordinance and shall cause
the same to be published according to law.
PASSED AND ADOPTED this day of , 2017.
Ord. No. 2017 -
Page 30 of 30
Robert E. Magee
Mayor
Attest:
Susan M. Domen, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Resolution No. ______ was adopted by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of _________, and that the same was adopted by the following
vote:
AYES:
NOES:
ABSENT:
I further certify that said Synopsis was published as required by law in a newspaper of
general circulation in the City of Lake Elsinore, California on the _____day of
____________________, 2017, and on the _______day of _____________________, 2017
Susan M. Domen, MMC
City Clerk
V,011,
I