HomeMy Public PortalAboutOrd 0770 ORDINANCE NUMBER 770
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,
COUNTY OF RIVERSIDE, CALIFORNIA, AMENDING CHAPTER 15.28 OF THE
RANCHO MIRAGE MUNICIPAL CODE PERTAINING TO FLOOD PLAIN
MANAGEMENT.
The City Council of the City of Rancho Mirage, California
hereby ordain as follows:
Section 1: Chapter 15.28 of the Rancho Mirage Municipal
Code is hereby amended to read as shown in the attached Exhibit
„A
Section 2: CEQA. The passage of this ordinance is not a
project under CEQA.
Section 3: Severability. If any section, subsection
sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional by the decision of a court
of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of the ordinance. The City
Council of the City of Rancho Mirage hereby declares that it
would have passed this ordinance, and each section, subsection,
clause, sentence or phrase thereof, irrespective of the fact that
any one or more other sections, subsections, clauses, sentences
or phrases may be declared invalid or unconstitutional.
Section 4: The City Clerk shall certify to the passage
hereof and cause the same to be posted as required by law. This
ordinance shall take effect 30 days after the date of its
adoption.
PASSED AND ADOPTED this 20th day of December 2001,
CITY OF RANCHO MIRAGE
CITY COUNCIL
Richard W. Kite
Mayor
ATTESTED:
~i~t~
Bar ara o ,
City Clerk
APPROVED AS TO FORM:
- ~
v ~ ,
Shawn M. Mason
City Attorney
EXHIBIT "A"
ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT,
PURPOSE AND METHODS
15.28.010 Statutory Authorization.
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 welfaze of its citizenry.
Therefore, the City Council of the City of Rancho Mirage does hereby adopt the
following floodplain management regulations.
15.28.020 Findings of Fact.
A. The flood hazard azeas of the City of Rancho Mirage 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 aze inadequately elevated,
floodproofed, or protected from flood damage. The cumulative effect of obstructions in
areas of special flood hazards which increase flood heights and velocities also contribute
to the flood loss.
15.28.030 Statement of Purpose. It is the purpose of this ordinance to promote the
public health, safety, and general welfaze, and to minimize public and private losses due
to flood conditions in specific areas by provisions designed to:
A. protect human life and health;
B. minimize expenditure of public money for costly flood control projects;
C. minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
D. minimize prolonged business interruptions;
E. minimize damage to public facilities and utilities such as water and gas
mains; electric, telephone and sewer lines; and streets and bridges located in areas of
special flood hazard;
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F. help maintain a stable tax base by providing for the sound use and
development of azeas of special flood hazard so as to minimize future blighted areas
caused by flood damage;
G. ensure that potential buyers are notified that property is in an area of special
flood hazazd; and
H. ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
15.28.040 Methods of Reducing Flood Losses. In order to accomplish its purposes, this
ordinance includes methods and provisions to
A. restrict or prohibit uses which aze 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 flood waters;
D. control filling, grading, dredging, and other development which may increase
flood damage; and
E. prevent or regulate the construction of flood bazriers which will unnaturally
divert flood waters or which may increase flood hazards in other areas.
15.28.050 Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted so as to give them the meaning they have in common usage and to give this
ordinance its most reasonable application.
"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.
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"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's interpretation
of any provision of this ordinance.
"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 maybe 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" is 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" is 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 equalled or
exceeded in any given year (also called the "100-year flood"). Base flood is the term used
throughout this ordinance.
"Basement" means any area of the building having its floor subgrade - i.e., below
ground level - on all sides.
"Breakaway walls" are 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 flood waters. A breakaway wall shall have a safe design loading
resistance of not less than ten and no more than twenty 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".
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"Development" means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials.
"Encroachment" means the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a floodplain which may
impede or alter the flow capacity of a floodplain.
"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 flood water" 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 hazazds and the floodway.
"Flood Hazard Boundary Map" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated the
areas of flood hazards.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated
both the azeas of special flood hazards and the risk premium zones applicable to the
community.
"Flood Insurance Study" means the official report provided by the Federal
InsuranceAdministration that includes flood profiles, the Flood Insurance Rate Map, the
Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
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"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 similazly
unusually 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 flood-prone area" means any land area susceptible to being inundated
by water from any source -see "Flood, Flooding, or Flood water".
"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
prepazedness plans, flood control works, floodplain management regulations, and open
space plans.
"Floodplain management regulations" means this ordinance 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 flood-prone areas. This term describes federal, state or
local regulations in any combination thereof which provide standards for preventing and
reducing flood loss and damage.
"Floodproofing" 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 1-93, 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
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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 maybe permitted.
"Fraud and victimization" as related to Article V, Variance Procedure, of this
ordinance, 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 fifty to one-hundred years. Buildings that aze 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 aze 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" is 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 Article V, Variance Procedure, of this ordinance means the
exceptional hardship that would result from a failure to grant the requested variance. The
City Council 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" 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 Interior) or preliminarily determined by the Secretary of
the Interior as meeting the requirements for individual listing on the National Register;
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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 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 aman-made 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 azea, including basement
(see "Basement" defmition).
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 building's lowest floor provided it conforms to
applicable non-elevation design requirements, including, but not limited to:
a. the wet floodproofing standard in section 15.28.170.0.3.
b. the anchoring standazds in section 15.28.170.A.
c. the construction materials and methods standazds in section 15.28.170.B.
d. the standards for utilities in section 15.28.180.
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.
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"Market Value" shall be determined by estimating the cost to replace the structure in
new condition and adjusting that cost figure by the amount of depreciation which has
accrue since the structure was constructed. The cost of replacement of the structure shall
be based on a square foot cost factor determined by reference to a building cost
estimating guide recognized by the building construction industry. The amount of
depreciation shall be determined by taking into account the age and physical deterioration
of the structure and functional obsolescence as approved by the floodplain administrator,
but shall not include economic or other forms of external obsolescence. Use of
replacement costs or accrued depreciation factors different from those contained in
recognized building cost estimating guides may be considered only if such factors are
included in a report prepared by an independent professional appraiser and supported by
a written explanation of the differences.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
"Mudslide" 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 floodplain management regulations
adopted by this community.
"Obstruction" 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.
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"One-hundred-year flood" or "100-year flood" -see "Base flood."
"Primary frontal dune" means a continuous or neazly continuous mound or ridge of
sand with relatively steep seaward and landward slopes immediately landward and
adjacent to the beach and subject to erosion and overtopping from high tides and waves
during major coastal storms. The inland limit of the primary frontal dune occurs at the
point where there is a distinct change from a relatively mild slope.
"Public safety and nuisance" as related to Article V. Variances, of this ordinance
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. 400 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 detemng 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.
"Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
"Sheet flow area" -see "Area of shallow flooding".
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"Special flood hazard area (SERA)" means an area in the floodplain subject to a 1
percent or greater chance of flooding in any given year. It is shown on an FHBM or
FIRM as Zone A, AO, Al-A30, AE, A99, AH, V1-V30, 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 manufacture 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 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.
"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
1. 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
2. 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 ordinance, which
permits construction in a manner that would otherwise be prohibited by this ordinance.
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"Violation" means the failure of a structure or other development to be fully compliant
with this ordinance. A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in this ordinance 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, (or other datum, where specified) of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine azeas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other
topographic feature on or over which waters flow at least periodically. Watercourse
includes specifically designated azeas in which substantial flood damage may occur.
ARTICLE II. GENERAL PROVISIONS
15.28.060 Lands to which this chapter applies. This chapter shall apply to all areas of
special flood hazards within the jurisdiction of the City Ord. 388 (part). 1987.
15.28.070 Basis for establishing the areas of special flood Lazard. The areas of
special flood hazard identified by the Federal Insurance Administration (FIA) of the
Federal Emergency Management Agency (FEMA) in the most current Flood Insurance
Study (FIS), and accompanying Flood Insurance Rate Maps (FIRMS) and Flood
Boundary and Floodway Maps (FBFMs), dated, and all subsequent amendments and/or
revisions, aze hereby adopted by reference and declazed to be a part of this ordinance.
This FIS and attendant mapping is the minimum area of applicability of this ordinance
and maybe supplemented by studies for other areas which allow implementation of this
ordinance and which aze recommended to the the City Council by the Floodplain
Administrator. The study, FIRMS and FBFMs are on file at the Public Works
Department, City of Rancho Mirage, 69-825 Hwy. 111, Rancho Mirage, CA 92270.
15.28.080 Compliance. No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the term of this ordinance
and other applicable regulations. Violation of the requirements (including violations of
conditions and safeguards established in connection with conditions) 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.
15.28.090 Abrogation and Greater Restrictions. This ordinance is not intended to
repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this ordinance and another ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
15.28.100 Interpretation. In the interpretation and application of this ordinance, all
provisions shall be
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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.
15.28.110 Warning and Disclaimer of Liability. The degree of flood protection
required by this ordinance 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
ordinance 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 ordinance
shall not create liability on the part of the City of Rancho Mirage, any officer or
employee thereof, the State of California, or the Federal Insurance Administration,
Federal Emergency Management Agency, for any flood damages that result from reliance
on this ordinance or any administrative decision lawfully made hereunder.
15.28.120 Severability. This ordinance and the various parts thereof are hereby declared
to be severable. Should any section of this ordinance be declared by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a
whole, or any portion thereof other than the section so declared to be unconstitutional or
invalid.
Article III. Administration
15.28.130 Establishment of Development Permit. A development permit shall be
obtained before any construction or other development begins within any area of special
flood hazard established in Section 15.28.070. Application for a development permit shall
be made on forms furnished by the Floodplain Administrator and may include, but not be
limited to: plans in duplicate drawn to scale showing the nature, location, dimensions,
and elevation of the area in question; existing or proposed structures, fill, storage of
materials, drainage facilities; and the location of the foregoing. Specifically, the
following information is required.
A. Site plan, including but not limited to:
1. 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; and
2. proposed locations of water supply, sanitary sewer, and utilities; and
3. if available, the base flood elevation from the Flood Insurance Study
and/or Flood Insurance Rate Map; and
4. if applicable, the location of the regulatory floodway; and
B. Foundation design detail, including but not limited to:
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1. proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures; and
2. for acrawl-space foundation, location and total net area of foundation
openings as required in Section 15.28.170.0.3. of this ordinance and FEMA Technical
Bulletins 1-93 and 7-93; and
3. for foundations placed on fill, the location and height of fill, and
compaction requirements (compacted to 95 percent using the Standard Proctor Test
method); and
C. Proposed elevation in relation to mean sea level to which any nonresidential
structure will be floodproofed, as required in Section 15.28.170.0.2 of this ordinance and
FEMA Technical Bulletin TB 3-93; and
D. All appropriate certifications listed in Section 15.28.150.D. of this ordinance;
and
E. Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
15.28.140 Designation of the Floodplain Administrator. The City Engineer is hereby
appointed to administer, implement, and enforce this ordinance by granting or denying
development permits in accord with its provisions.
15.28.150 Duties and Responsibilities of the Floodplain Administrator. 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 detenmine that
1. permit requirements of this ordinance have been satisfied,
2. all other required state and federal permits have been obtained,
3. the site is reasonably safe from flooding, and
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. For purposes of this ordinance, "adversely affects" means that the cumulative
effect of the proposed development when combined with all other existing and
anticipated development will increase the water surface elevation of the base flood more
than one foot at any point.
B. Review, Use and Development of Other Base Flood Data.
1. When base flood elevation data has not been provided in accordance with
Section 15.28.070, the Floodplain Administrator shall obtain, review, and reasonably
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utilize any base flood elevation and floodway data available from a federal or state
agency, or other source, in order to administer Article IV. Any such information shall be
submitted to the City of Rancho Mirage for adoption; or
2. If no base flood elevation data is available from a federal or state agency
or other source, then a base flood elevation shall be obtained using one of two methods
from the FEMA publication "Managing Floodplain Development in Approximate Zone A
Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated
July 1995 in order to administer Article IV:
a. Simplified method
i. 100-year or base flood discharge shall be obtained using the
appropriate regression equation found in a U.S. Geological Survey publication, or the
discharge-drainage area method; and
ii. base flood elevation shall be obtained using the Quick-2 computer
program developed by FEMA; or
b. Detailed method
i. 100-year or base flood discharge shall be obtained using the U.S.
Army Corps of Engineers' HEC-HMS computer program; and
ii. base flood elevation shall be obtained using the U.S. Army Corps of
Engineers' HEC-RAS computer program.
C. Notification of Other Agencies. In alteration or relocation of a watercourse:
1. notify adjacent communities and the California Department of
Water Resources prior to alteration or relocation;
2. submit evidence of such notification to the Federal Insurance
Administration, Federal Emergency Management Agency; and
3. assure that the flood carrying capacity within the altered or relocated
portion of said watercourse is maintained.
D. Documentation of Floodplain Development. Obtain and maintain for public
inspection and make available as needed the following:
1. certification required by Section 15.28.170. C.1 and 15.28.200. (lowest
floor elevations),
2. certification required by Section 15.28.170 C.2 (elevation or
floodproofing of nonresidential structures),
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3. certification required by Sections 15.28.170 C.3 (wet floodproofing
standard),
4. certification of elevation required by Section 15.28.190 B (subdivision
standards),
5. certification required by Section 15.28.220 A (floodway
encroachments),
6. (intentionally left blank), and
7. reports required by Section 15.28.230 C (mudflow standards).
E. 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, grade and base flood
elevations shall be used to determine the boundaries of the special flood hazard area. The
person contesting the location of the boundary shall be given a reasonable opportunity to
appeal the interpretation as provided in Article V.
F. Remedial Action. Take action to remedy violations of this ordinance as
specified in Section 15.28.080 herein.
15.28.160 Appeals. The City Council of Rancho Mirage 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 ordinance.
Article IV. PROVISIONS FOR FLOOD HAZARD REDUCTION
15.28.170 Standards of Construction. In all areas of special flood hazards 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 Section
15.28.200.
B. Construction materials and methods. All new construction and substantial
improvement shall be constructed.
1. with flood resistant materials as specified in FEMA Technical Bulletin
TB 2-93, and utility equipment resistant to flood damage;
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
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water from entering or accumulating within the components during conditions of
flooding; and if
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. (See Section 15.28.050 definitions for
"basement," "lowest floor," "new construction," "substantial damage" and "substantial
improvement".)
1. Residential construction, new or substantial improvement, shall have the
lowest floor, including basement,
a. 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. (The State of
California recommends that in AO zones without velocity the lowest floor be elevated
above the highest adjacent grade to a height exceeding the depth number specified in feet
on the FIRM by at least two feet, or elevated at least four feet above the highest adjacent
grade if no depth number is specified.)
b. in an A zone, elevated to or above the base flood elevation; said base
flood elevation shall be determined by one of the methods in Section 15.28.150.B of this
ordinance. (The State of California recommends the lowest floor be elevated at least two
feet above the base flood elevation, as determined by the community.)
c. in all other Zones, elevated to or above the base flood elevation. (The
State of California recommends the lowest floor be elevated at least two feet above the
base flood elevation.)
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, new or substantial improvement, shall either
be elevated to conform with Section 15.28.170 C.1 or together with attendant utility and
sanitary facilities.
a. be floodproofed below the elevation recommended under Section
15.28.170. C.1 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
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c. be certified by a registered professional engineer or architect that the
standazds of this section 15.28.170 aze satisfied. Such certification shall be provided to
the Floodplain Administrator.
3. All new construction and substantial improvement with fully enclosed
areas below the lowest floor (excluding basements) that are usable solely for pazking of
vehicles, building access or storage, and which aze 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 follow the guidelines in FEMA Technical
Bulletins TB 1-93 and TB 7-93, and must exceed the following minimum criteria:
a. have a minimum of two openings having a total net area of not less
than one squaze inch for every square foot of enclosed area subject to flooding. The
bottom of all openings shall be no higher than one foot above grade. Openings may be
equipped with screens, louvers, valves or other coverings or devices provided that they
permit the automatic entry and exit of floodwater; or
b. be certified by a registered professional engineer or architect.
4. Manufactured homes shall also meet the standards in Section 15.28.200.
15.28.180 Standards for Utilities.
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.
15.28.190 Standards for Subdivisions.
A. All preliminary subdivision proposals shall identify the special flood hazard
area and the elevation of the base flood.
B. All subdivision plans will provide the elevation of proposed structure(s) and
pad(s). If the site is filled above the base flood elevation, the lowest floor and pad
elevations shall be certified by a registered professional engineer or surveyor and
provided to the Floodplain Administrator.
C. All subdivision proposals shall be consistent with the need to minimize flood
damage.
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D. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to minimize flood
damage.
E. All subdivisions shall provide adequate drainage to reduce exposure to flood
hazards.
15.28.200 Standards for Manufactured Homes.
A. All manufactured homes that are placed or substantially improved, within
Zones Al-30, AH, and AE on the community's Flood Insurance Rate Map, on 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, or
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 be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated to or above the base flood elevation (the State of
California recommends at least two 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 that are placed or substantially improved on sites
located within Zones V1-30, V, and VE on the community's Flood Insurance Rate Map
will meet the requirements of Section 15.28.200.A.
C. All manufactured homes to be placed or substantially improved on sites in
an existing manufactured home park or subdivision within Zones Al-30, AH, AE, V1-30,
V, and VE on the community's Flood Insurance Rate Map that are not subject to the
provisions of paragraph 15.28.200 A 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 or above the base flood
elevation (the State of California recommends at least two 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
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by the community building inspector to be properly elevated. Such certification and
verification shall be provided to the Floodplain Administrator.
15.28.210 Standards for Recreational Vehicles.
A. All recreational vehicles placed on sites within Zones Al-30, AH, and AE on
the community's Flood Insurance Rate Map will either:
1. be on the site for fewer than 180 consecutive days, and 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
2. meet the permit requirements of Article III of this ordinance and the
elevation and anchoring requirements for manufactured homes in Section 15.28.200 A.
B. Recreation vehicles placed on sites within Zones V1-30, V, and VE on the
community's Flood Insurance Rate Map will meet the requirements of Section 15.28.210
A.
15.28.220 Floodways. Located within areas of special flood hazard established in Section
15.28.070 are areas designated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of flood waters, which carry debris, potential
projectiles, and erosion potential, the following provisions apply.
A. 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.
B. If Section 15.28.220.A is satisfied, all new construction, substantial
improvement, and other proposed new development shall comply with all
other applicable flood hazard reduction provisions of Article IV.
15.28.230 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 the
1. type and quality of soils,
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2. evidence of ground water 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 of off-site
disturbances; and
4. drainage, planting, watering, and maintenance not endanger slope
stability.
15.28.240 Flood-Related Erosion Prone Area.
A. The Floodplain Administrator shall require pernuts for proposed
construction and other development within all flood-related erosion-prone areas as known
to the community.
B. Permit applications shall be reviewed to determine whether the proposed
site alterations and improvements will be reasonably safe from flood-related erosion and
will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.
C. If a proposed improvement is found to be in the path of flood-related
erosion or would increase the erosion hazard, such improvement shall be relocated or
adequate protective measures shall be taken to avoid aggravating the existing erosion
hazard.
D. Within Zone E on the Flood Insurance Rate Map, a setback is required for
all new development from the ocean, lake, bay, riverfront or other body of water to create
a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be
designated according to the flood-related erosion hazard and erosion rate, in relation to
the anticipated "useful life" of structures, and depending upon the geologic, hydrologic,
topographic, and climatic characteristics of the land. The buffer may be used for suitable
open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife
habitat areas, and for other activities using temporary and portable structures only.
Page 20 of 23
Article V. Variance Procedure
15.28.250. Variances. The variance criteria set forth in this section of the ordinance 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
ordinance 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 ordinance 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.
15.28.260 Appeal Board.
A. In passing upon requests for variances, the City Council shall consider all
technical evaluations, all relevant factors, standards specified in other sections of this
ordinance, 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;
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8. relationship of the proposed use to the comprehensive plan and Foodplain
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 flood waters 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. 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.
C. 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, Federal Emergency Manage-
ment Agency.
15.28.270 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 Articles III and
IV of this ordinance 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 Section 15.28.050 of this ordinance) 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.
Page 22 of 23
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 ordinance. 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 bath provide relief and preserve the integrity of
the local ordinance.
E. 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 Section 15.28.050 of this ordinance) to the applicant; and
3. 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 Section 15.28.050 -see "Public safety or nuisance"), cause fraud
or victimization (as defined in Section 15.28.050) of the public, or conflict with existing
local laws or ordinances.
F. Variances may be issued for new construction, substantial improvement, and
other proposed new development necessary for the conduct of a functionally dependent
use provided that the provisions of sections 15.28.270. A through 15.28.270. E 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.
G. Upon consideration of the factors of Section 15.28.260. A and the purposes
of this ordinance, the City Council may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this ordinance.
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