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All recreational vehicles placed in Zones A1-30, AH, and AE will either:
(A) Be on the site for fewer than 180 consecutive days; or
(B) Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
(Ord. 1537, passed 6-9-08) Penalty, see § 10.99
Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
(A) Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the city.
(B) Within an adopted regulatory floodway, the city shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(C) If divisions (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 § 153.13 through this section.
(Ord. 1537, passed 6-9-08) Penalty, see § 10.99
(A) The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute 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.
(B) 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 chapter 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.
(Ord. 1537, passed 6-9-08)
(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 §§ 153.12 through 153.18 and §§ 153.30 through 153.32 of this chapter have been fully considered. As the lot size increases beyond 1/2 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 § 153.04 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(C) Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
(D) Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. MINIMUM NECESSARY means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City Council believes will both provide relief and preserve the integrity of the local ordinance.
(E) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:
(1) The issuance of a variance to construct a structure below the base flood level will result in 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 Emergency Management Agency.
(Ord. 1537, passed 6-9-08)
ADMINISTRATION AND ENFORCEMENT
The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:
(A) Permit review. Review all development permits to determine:
(1) Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;
(2) All other required state and federal permits have been obtained;
(3) The site is reasonably safe from flooding;
(4) The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the city; and
(5) All Letters of Map Revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.
(B) Development of substantial improvement and substantial damage procedures.
(1) Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings," develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "market value."
(2) Assure procedures are coordinated with other departments/divisions and implemented by community staff.
(C) Review, use and development of other base flood data.
(1) When base flood elevation data has not been provided in accordance with § 153.07, 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 §§ 153.13 through 153.18.
(2) NOTE. A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas – A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995.
(D) Notification of other agencies.
(1) Alteration or relocation of a watercourse:
(a) Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
(b) Submit evidence of such notification to the Federal Emergency Management Agency; and
(c) Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
(2) Base Flood Elevation changes due to physical alterations:
(a) Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).
(b) All LOMR's for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.
(c) Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
(3) Changes in corporate boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.
(E) Documentation of floodplain development. Obtain and maintain for public inspection and make available as needed the following:
(2) Certification required by § 153.13(C)(2) (elevation or floodproofing of nonresidential structures);
(3) Certification required by § 153.13(C)(3) (wet floodproofing standard);
(4) Certification of elevation required by § 153.15(A)(3) (subdivisions and other proposed development standards);
(5) Certification required by 153.18(B) (floodway encroachments); and
(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.
(F) Map determination. 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 § 153.32.
(H) Biennial report. Complete and submit biennial report to FEMA.
(I) Planning. Assure community's General Plan is consistent with floodplain management objectives herein.
(Ord. 1537, passed 6-9-08)
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