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The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for "Flood Insurance Study for City of Indio" dated May 1, 1985, with accompanying Flood Insurance Rate Maps (FIRM's) and Flood Boundary and Floodway Maps (FBFM's), dated May 1, 1985, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council of the city by the Floodplain Administrator. The study, FIRM's and FBFM's are on file at 100 Civic Center Mall Indio, CA 92201.
(Ord. 1537, passed 6-9-08)
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 Council from taking such lawful action as is necessary to prevent or remedy any violation.
(Ord. 1537, passed 6-9-08) Penalty, see § 10.99
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 1537, passed 6-9-08)
In the interpretation and application of this chapter, all provisions shall be:
(A) Considered as minimum requirements;
(B) Liberally construed in favor of the governing body; and
(C) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. 1537, passed 6-9-08)
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of City Council of the city, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. 1537, passed 6-9-08)
A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in § 153.07. Application for a development permit shall be made on forms furnished by the Flood Plain 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, storage of materials and equipment and their location;
(2) Proposed locations of water supply, sanitary sewer, and other utilities;
(3) Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;
(4) Location of the regulatory floodway when applicable;
(6) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and
(7) Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in § 153.13(C)(2) of this chapter and detailed in FEMA Technical Bulletin TB 3-93.
(B) Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in § 153.13(C)(2).
(C) For a crawl-space foundation, location and total net area of foundation openings as required in § 153.13(C)(3) of this chapter and detailed in FEMA Technical Bulletins 1-93 and 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 § 153.31(E) of this chapter.
(Ord. 1537, passed 6-9-08)
In all areas of special flood hazards the following standards are required:
(A) Anchoring. All new construction and substantial improvements of structures, including manufactured homes, 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.
(B) Construction materials and methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed:
(1) With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;
(2) Using methods and practices that minimize flood damage;
(3) With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and
(4) Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.
(C) Elevation and floodproofing.
(1) Residential construction. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement:
(a) In AE, AH, A1-30 Zones, elevated to or above the base flood elevation.
(b) In an AO Zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two 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 to or above the base flood elevation; as determined under § 153.31(C).
(d) Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land 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 construction or substantial improvements of nonresidential structures shall either be elevated to conform with division (C)(1) of this section or:
(a) Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under division (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 civil engineer or architect that the standards of divisions (a) and (b) above are satisfied. Such certification shall be provided to the Floodplain Administrator.
(3) Flood openings. All new construction and substantial improvements of structures 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 must meet the following minimum criteria:
(a) For non-engineered openings:
1. Have a minimum of two openings on different sides 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 civil engineer or architect.
(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 division (C)(3) of this section. Areas of the garage below the BFE must be constructed with flood resistant materials. See division (B) of this section.
2. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.
(b) Detached garages and accessory structures.
1. “Accessory structures” used solely for parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in § 153.04, may be constructed such that its floor is below the base flood elevation (BEE), 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 § 153.18; and
f. The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with division (C)(3) of this section.
2. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in this section.
(Ord. 1537, passed 6-9-08) Penalty, see § 10.99
(A) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:
(1) Infiltration of flood waters into the systems; and
(2) Discharge from the systems into flood waters.
(B) On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.
(Ord. 1537, passed 6-9-08) Penalty, see § 10.99
(A) All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or five acres, whichever is the lesser, shall:
(1) Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BEE).
(2) Identify the elevations of lowest floors of all proposed structures and pads on the final plans.
(3) If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator:
(a) Lowest floor elevation.
(b) Pad elevation.
(c) Lowest adjacent grade.
(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. 1537, passed 6-9-08) Penalty, see § 10.99
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