Ordinance Number 1067ORDINANCE NO. 1067
l AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING CHAPTER 11 OF TITLE 8 AND SECTION
9-1.105 OF TITLE 9 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
REGARDING FLOODPLAIN MANAGEMENT REGULATIONS
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 11 of Title 8 of the San Juan Capistrano Municipal Code is
hereby amended to read as follows:
"TITLE 8. BUILDING REGULATIONS.
CHAPTER 11. FLOODPLAIN MANAGEMENT REGULATIONS.
Sec. 8-11.101. Statutory authorization.
The Legislature of the State of California has in Government Code
Sections 65302, 65560, and 65800 conferred upon cities authority to
adopt floodplain regulations designed to promote the public health,
safety, and general welfare of its citizenry. Therefore, the City
Council of the City of San Juan Capistrano does hereby adopt the
following floodplain management regulations.
Sec. 8-11.102. Findings of fact.
(a) The flood hazard areas of the City of San Juan Capistrano 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, floodproofed, or protected from flood damage. The
cumulative effect of obstructions in areas of special flood hazards
which increase flood heights and velocities also contributes to the
flood losses.
Sec. 8-11.103. Statement of purpose.
It is the purpose of this chapter to promote the public health, safety,
Mand general welfare, and o�to minimize public and private losses due to
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applied uniformly throughout the community to all publicly and
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privately owned land within flood prone, mudslide [i.e. mudflow] or
flood related erosion areas, designed:
(a) To protect human life and health;
(b) To minimize expenditure of public money for costly flood
control projects;
(c) To minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general
public;
(d) To minimize prolonged business interruptions;
(e) To minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone, and sewer lines, streets and
bridges located in areas of special flood hazard;
(f) To help maintain a stable tax base by providing for the second
use and development of areas of special flood hazard so as to
minimize future flood blight areas caused by flood damage;
(g) To ensure that potential buyers are notified that property is in
an area of special flood hazard; and
(h) To ensure that those who occupy the areas of special flood
hazard assume responsibility for their actions.
Sec. 8-11.104. Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods
and provisions for:
(a) Restricting or prohibiting 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) Requiring that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time
of initial construction;
(c) Controlling the alteration of natural floodplains, stream
channels, and natural protective barriers, which help accommodate or
channel floodwaters;
(d) Controlling, filling, grading, dredging, and other development
which may increase flood damage; and
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(e) Preventing or regulating the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood
hazards in other areas.
Sec. 8-11.105. Definitions.
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.
(1) "Appeal" means a request for a review of the Floodplain
Administrator's interpretation or decision of any provision of this
chapter.
(2) "Area of shallow flooding" means a designated AO orAH 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.
(3) "Area of special flood -related erosion hazard" is the area
subject to severe flood -related erosion losses. The area is designated
as Zone E on the flood insurance rate map (FIRM).
U (4) Area of Special Flood Hazard. See "Special flood hazard area".
(5) "Base flood" means the flood having a one percent chance of
being equaled or exceeded in any given year (also called the "one -
hundred -year flood"). Base flood is the term used throughout this
ordinance.
(6) "Base flood elevation" (BFE) means the elevation shown on the
Flood Insurance Rate Map for Zones AE, AH, Al -30, VE and V1 430
that indicates the water surface elevation resulting from a flood that
has a one percent or greater chance of being equaled or exceeded in
any given year.
(7) "Basement" means any area of the building having its floor
subgrade (below ground level) on all sides.
(8) "Breakaway walls" means and includes 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
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carried by floodwaters. 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:
(i) Breakaway wall collapse shall result from a water load
less than that which would occur during the base flood; and
(ii) 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.
(9) "Development" means any manmade 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.
(10) "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.
(11) "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 May 3, 1988.
(12) "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).
(13) "Flood" or "flooding" means a general and temporary condition
of partial or complete inundation of normally dry land areas from (1)
the overflow of floodwaters, (2) the unusual and rapid accumulation or
runoff of surface waters from any source; and/or mudslides (i.e.,
mudflows);, and/or (3) the condition resulting from flood -related
erosion.
(14) "Flood boundary and floodway map" 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.
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(15) "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 hazards and the risk premium zones applicable to the
community.
(16) "Flood insurance study" means the official report provided by the
Federal Insurance Administration that includes flood profiles, the
FIRM, the flood boundary and floodway map, and the water surface
elevation of the base flood.
(17) "Floodplain or flood -prone area" means any land area susceptible
to being inundated by water from any source. See definition of
"flooding".
(18) "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.
(19) "Floodplain management regulations" means this chapter and
other zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as floodplain
ordinance, grading ordinance and erosion control ordinance) and
other applications of police power which control development in flood -
prone areas. The term describes federal, state or local regulations in
any combination thereof, which provide standards for the purpose of
flood damage prevention and reduction.
(20) "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.
For guidelines on dry and wet flood proofing, see FEMA Technical
Bulletins TB 1-93, TB 3-93, and TB 7-93.
(21) "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."
(22) "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
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passengers, and ship building and ship repair facilities, but does not
include long-term storage or related manufacturing facilities.
(23) "Hardship" as related to Section 8-11.123 of this chapter
means the exceptional hardship that would result from a failure to
grant the requested variance. The City 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.
(24) "Highest adjacent grade" means the highest natural elevation of
the ground surface prior to construction next to the proposed walls of
a structure.
(25) "Historic structure" means any structure that is:
(i) 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;
(ii) 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;
(iii) 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
(iv) 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.
(26) "Lowest floor" means the lowest floor of the lowest enclosed
area (including basement). An unfinished or flood resistant enclosure
below the lowest floor, usable solely for parking of vehicles, building
access or storage in an area other than a basement area is not
considered a building's lowest floor; provided, that such enclosure
conforms to the applicable nonelevation design requirements of this
chapter, including but not limited to:
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(i) The flood openings standard in Section 8-11.115(c)(3);
(ii) The anchoring standards in Section 8-11.115(a);
(iii) The construction materials and methods standards in
Section 8-11.115(b); and
(iv) The standards for utilities in Section 8-11.116.
For residential structures, all subgrade enclosed areas are prohibited
as they are considered to be basements. This prohibition includes
below -grade garages and storage areas.
(27) "Manufactured home" means a structure, transportable in one
or more sections, which is built on a permanent chassis and is
designed for use with or without a permanent foundation when
connected to the required utilities. For floodplain management
purposes the term "manufactured home" also includes park trailers,
travel trailers, and other similar vehicles placed on a site for greater
than one hundred eighty consecutive days, and does not include a
"recreational vehicle'.
(28) "Manufactured home park or subdivision" means a parcel (or
contiguous parcels) of land divided into two or more manufactured
i
home lots for sale or rent.
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(29) "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), or other datum, to
which base flood elevations shown on a community's flood insurance
rate map are referenced.
(30) "New construction" means, for floodplain management purposes,
structures for which the "start of construction" commenced on or after
May 3, 1988.
(31) "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 May 3, 1988.
(32) "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,
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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.
(33) "One -hundred -year flood" or "100 -year flood" means a flood
which has a one percent (1 %) annual probability of being equaled or
exceeded. It is identical to the "base flood," which will be the term
used throughout this chapter.
(34) "Person" means an individual or his agent, firm, partnership,
association or corporation, or agent of the aforementioned groups, or
the state or its agencies or political subdivisions.
(35) "Recreational vehicle" means a vehicle which is:
(i) Built on a single chassis;
(ii) 400 square feet or less when measured at the largest
horizontal projection;
(iii) Designed to be self propelled or permanently towable by
a light duty truck; and
(iv) Designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel, or
seasonal use.
(36) "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.
(37) "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.
(38) "Riverine" means relating to, formed by, or resembling a river
(including tributaries), stream, brook, etc.
(39) "Special flood hazard area (SFHA)" means an area having
special flood or flood -related erosion hazards, and shown on an
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FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, V1430, VE, or
V.
(40) "Start of construction" includes substantial improvement and
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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 one hundred eighty days of the permit date.
The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any
work beyond the state 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.
(41) "Structure" means a walled or roofed building, including a gas or
liquid storage tank, that is principally above ground, as well as a
u manufactured home.
(42) "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.
(43) "Substantial improvement" means any reconstruction,
rehabilitation, addition, or other improvement of a structure, the cost
of which equals or exceeds fifty percent (50%) 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 before the start of construction of the improvement.
(i) Any project for improvement of a structure to correct existing
violations of or to comply with existing state or local health, sanitary,
or safety code specifications which are solely necessary to assure
safe living conditions; or
j (ii) Any alteration of a "historic structure" provided that the
alteration will not preclude the structure's continued designation as a
"historic structure".
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(44) "Variance" means a grant or relief from the requirements of this
chapter which permits construction in a manner that would otherwise
be prohibited by this chapter.
(45) "Violation" means the failure of a structure or other ,
development to be fully compliant with the community's floodplain
management regulations. 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.
(46) "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.
(47) "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
areas in which substantial flood damage may occur.
Sec. 8-11.106. Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards, areas of
flood -related erosion hazards within the City of San Juan Capistrano. Fill
Sec. 8-11.107. Basis for establishing the areas of special flood
hazard.
The areas of special flood hazard and areas of flood -related erosion
hazards identified by the Federal Emergency Management Agency in
the "Flood Insurance Study, City of San Juan Capistrano, Orange
County, California" dated March 1979, with accompanying Flood
Insurance Rate Maps (FIRM's) and Flood Boundary and Floodway
Maps (FBFM's), dated September 14, 1979, and including all
subsequent amendments and/or revisions thereof, is are hereby
adopted by reference and declared to be a part of the ordinance
codified in this chapter. The Flood Insurance Study, FIRM's and
FBFM's are on file at the Department of Community Planning and
Development. This Flood Insurance Study 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 the ordinance codified in this chapter and which are recommended
by the Floodplain Administrator.
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In addition to this mapping, the Administrator shall also utilize the best
available information in determining areas of flood hazard and erosion
areas.
Sec. 8-11.108. Compliance.
No structure or land hereafter shall be constructed, located, extended,
converted, or altered without full compliance with the terms of this
chapter and other applicable regulations. Violations of the provisions
of this chapter by failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with conditions) shall constitute an infraction. Nothing
herein shall prevent the City from taking such lawful action as is
necessary to prevent or remedy any violation.
Sec. 8-11.109. Abrogation and Greater Restrictions.
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.
Sec. 8-11.110. Warning and disclaimer of liability.
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 manmade or natural
causes. This chapter does not imply that land outside the areas of
special flood hazard, areas of flood -related erosion 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 the City
of San Juan Capistrano, any officer or employee thereof, or the
Federal Insurance Administration, for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made thereunder.
Sec. 8-11.111. Severability.
This chapter and the various parts thereof are hereby declared to be
severable. Should any section of this chapter be declared by the
courts to be unconstitutional or invalid, such decision shall not affect
the validity of the chapter as a whole, or any portion thereof other than
the section so declared to be unconstitutional or invalid.
Sec. 8-11.112. Permitting.
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A grading permit, building permit or similar development permit, or a
floodplain land use permit, whichever is applicable under this Code,
shall be obtained before construction or development begins within
any area of special flood hazards, areas of flood -related erosion
hazards established in Section 8-11.107. Application for a grading,
building, floodplain land use or other 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. In addition to any
other requirements of this Code for the particular permit, the following
information is required:
(a) Proposed elevation in relation to mean sea level, of the lowest
floor (including basement) of all structures; in Zone A0, elevation of
highest adjacent grade and proposed elevation of lowest floor of all
structures;
(b) Proposed elevation in relation to mean sea level to which any
structure will be flood proofed;
(c) All appropriate certifications listed in Section 8-11.115 of
this chapter; and
(d) Description of the extent to which any watercourse will be
altered or relocated as a result of proposed development.
Sec. 8-11.113. Designation of the Floodplain Administrator.
The Director of Public Works, or his or her designee, is hereby
designated as Floodplain Administrator to administer and implement
this chapter by reviewing, granting or denying permits in accordance
with its provisions.
Sec. 8-11.114. Duties and responsibilities of the Floodplain
Administrator.
The duties and responsibilities of the Floodplain Administrator shall
include, but not be limited to:
(a) Permit Review.
(1) Review all grading permits, building permits, and similar
development permits to determine that the permit requirements of this
chapter have been satisfied;
(2) All other required state and federal permits have been
obtained;
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(3) The site is reasonably safe from flooding;
1 1 (4) The proposed development does not adversely affect
the carrying capacity of the areas where base flood elevations have
been determined, but a floodway has not been designated. For
purposes of this chapter, "adversely affects" means that the
cumulative effect of the proposed development, when combined with
all other existing and anticipated development, will not increase the
water surface elevation of the base flood more than one foot at any
point.
(5) Notwithstanding the above, all land use entitlements for
development within areas of special flood hazard or flood -related
erosion hazard, including floodplain land use permits or historical and
cultural landmark site plan review, shall be reviewed and approved by
either the City Council, Planning Commission, Cultural Heritage
Commission, or the Director of Development Services, as more
particularly set forth in Chapter 2 (Administration) of Title 9 (Land
Use) of this Code.
(a) Use of Other Base Flood Data. When base flood elevation data
has not been provided in accordance with Section 8-11.107, the
Floodplain Administrator shall obtain, review, and reasonably utilize
any base flood elevation and floodway data available from a federal,
state, or other source, in order to administer Section 8-11.1135, et
seq. Any such information shall be submitted to the City Council for
adoption.
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.
(b) Whenever a watercourse is to be altered or relocated:
(1) Notify adjacent communities and the California
Department of Water Resources prior to such alteration or relocation
of a watercourse, and submit evidence of such notification to the
Federal Emergency Management Agency;
(2) Require that the flood carrying capacity of the altered or
relocated portion of said watercourse is maintained.
(c) Base Flood Elevation changes due to physical alterations:
(1) Within 6 months of information becoming available or
project completion, whichever comes first, the Floodplain
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Administrator shall submit or assure that the permit applicant submits
technical or scientific data to FEMA for a Letter of Map Revision
(LOMR).
(2) 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.
(d) Obtain and maintain for public inspection and make available
as needed pursuant to Sections 8-11.115, 8-11.117, 8-11.118, and 8-
11.119:
(1) The certification (lowest floor elevations);
(2) The certification (lowest floor elevations in areas of
shallow flooding);
(3) The certification (elevation or floodproofing of
nonresidential structures);
(4) The certification (wet floodproofing standard);
(5) The certified elevation (subdivision standards);
(6) The certification (floodway encroachments);
(7) 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.
(e) Make interpretations where needed, as to the exact location of
the boundaries of the areas of special flood hazards, areas of flood -
related erosion hazards (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions). The
persons contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in
Section 8-11.122
(f) Take action to remedy violations of this chapter.
Sec. 8-11.115. Standards of construction.
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In all areas of special flood hazards the following standards are
required:
(a) Anchoring.
(1) All new construction and substantial improvements shall
be 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 8-11.118
(b) Construction Materials and Methods.
(1) All new construction and substantial improvements shall
be constructed with materials and utility equipment resistant to flood
damage.
(2) All new construction and substantial improvements shall
be constructed using methods and practices that minimize flood
damage.
(3) All new construction and substantial improvements shall
be constructed with electrical, heating, ventilation, plumbing, and air
` conditioning equipment and other service facilities that are designed
u and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
(4) Require within Zones AH or A0, adequate drainage
paths around structures on slopes to guide floodwaters around and
away from proposed structures.
(c) Elevation and Floodproofing.
(1) Residential Structures. All new residential construction
and substantial improvement of any structure shall have the lowest
floor, including basement:
(A) In AE, AH and Al -30 Zones, elevated at least 1.0
foot above the base flood elevation.
(B) In an AO zone, elevated above the highest
adjacent grade to a height equal to or exceeding 1.0 foot
above the depth number specified in feet on the FIRM, or
elevated at least 2 feet above the highest adjacent grade if no
depth number is specified.
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(C) In an A zone, without BFE's specified on the
FIRM [unnumbered A zone], elevated at least 1.0 foot above
the base flood elevation; as determined under Section 8-
11.114(b).
Upon the completion of the structure, the elevation of the
lowest floor, including basement, shall be certified by a
registered professional engineer or surveyor, or verified by the
community building inspector to be properly elevated. Such
certification or verification shall be provided to the Floodplain
Administrator.
(2) New construction of substantial improvements of
elevated buildings that include enclosed areas formed by foundation
and other exterior walls shall be designed to preclude finished living
space below 1.0 foot above the base flood elevation by providing
openings in each wall having a total net area not less than 50% of the
total wall area subject to flooding. At least one opening per wall shall
be no higher than one foot above grade to allow for entry and exit of
floodwaters to automatically equalize hydrostatic flood forces on the
exterior walls.
(3) Nonresidential Construction. All new nonresidential
construction or substantial improvements of nonresidential structures
shall either be elevated in conformance with Section 8-11.115:
(A) Be floodproofed with attendant utility and sanitary
facilities, below the elevation recommended under Section 8-
11-115, 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 this subsection are satisfied.
Such certifications shall be provided to the Floodplain
Administrator.
(4) 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
floodwaters. Designs for meeting this requirement must meet or
exceed the following minimum criteria:
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(A) For non -engineered openings:
(i) Have a minimum of two openings on two
different sides having a total net area of not less than
one square inch for every square foot of enclosed area
subject to flooding;
(ii) The bottom of all openings shall be no
higher than one foot above grade.
(iii) Openings may be equipped with screens,
louvers, valves, or other covering or devices provided
that they permit that automatic entry and exit of
floodwaters; and
(iv) 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 to comply with a local floodproofing
standard approved by the Federal Insurance Administration.
(5) Manufactured homes shall also meet the standards in
Section 8-11.118.
Sec. 8-11.116. Standards for utilities.
(a) All new and replacement water supply and sanitary sewage
systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system and discharge from systems into
floodwaters.
(b) On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
Sec. 8-11.117. Standards for subdivisions.
(a) All preliminary subdivision proposals and other proposed
development, including proposals for manufactured home parks and
subdivisions, greater than 50 lots or 5 acres, shall identify the special
flood hazard area and the elevation of the base flood.
(b) All final subdivision plans will provide the elevation of proposed
structures and pads. If the site is filled above the base flood elevation,
the final pad elevation, lowest floor elevation and lowest adjacent
grade shall be certified by a registered professional engineer or
surveyor and provided as part of an application for a Letter of Map
Revisions based on Fill to the Floodplain Administrator.
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(c) All subdivision proposals and other proposed development
shall be consistent with the need to minimize flood damage.
(d) 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.
(e) All subdivisions and other proposed development shall provide
adequate drainage to reduce exposure to flood hazards.
Sec. 8-11.118. Standards for manufactured homes.
All manufactured homes that are placed or substantially improved, 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 upon which
a manufactured home has incurred "substantial damage" as the result
of a flood, shall:
(a) Within Zones Al -30, AH, and AE on the community's Flood
Insurance Rate Map, be elevated on a permanent foundation se such
that the lowest floor of the manufactured home is at elevated to or
above the base flood elevation and;
(b) Be securely fastened to an adequately anchored foundation
system to resist flotation, collapse, or lateral movement.
(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, and AE on the community's Flood Insurance Rate
Map that are not subject to the provisions of subsection (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; 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 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. 1
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Sec. 8-11.119. Standards for Recreational Vehicles.
(a) All recreational vehicles placed in Zones Al -30, AH, and AE
will either:
(1) Be on the site for fewer than 180 consecutive days; or
(2) 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
(3) Meet the permit requirements of Section 8-11.112 of this
chapter and the elevation and fastening requirements for
manufactured homes in Section 8-11.118.
Sec. 8-11.120. Floodways.
Located within areas of special flood hazard established in Section 8-
11.107 are areas designated as 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 development, or other development (including fill) shall be
permitted within Zones Al -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 1 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 subsections (a) & (b) of this section are satisfied, all new
construction and substantial improvements, and other proposed new
development, shall comply with all other applicable flood hazard
reduction provisions of Section 8-11.115, et seq.
Sec. 8-11.121. Flood -related erosion -prone areas.
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(a) The Floodplain Administrator shall require permits for proposed
construction and other development within all flood -related erosion -
prone areas as known to the community, as set forth in this Code.
(b) Such permits shall be reviewed to determine whether the
proposed site alterations and improvements will be reasonably safe Fi
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.
Sec. 8-11.122. Appeals/variances.
(a) The Floodplain Administrator shall act upon variance
applications under this chapter with respect to grading permits,
building permits and similar development permits. All other variance
and minor exception applications from City land use standards,
including those relating to a floodplain land use permit or historical
and cultural landmark site plan review, shall be reviewed, acted upon,
and appealed to the appropriate "reviewing authority" as specifically
set forth in Sections 9-2.327 and 9-2.351 of this Code.
(b) The Planning Commission shall hear and decide appeals of
decisions made by the Floodplain Administrator with respect to
grading permits, building permits and similar development permits,
and in the enforcement, interpretation or administration of this
chapter. Appeals shall be heard pursuant to the appeal procedure set
forth in Section 1-4.41
(c) In passing upon such applications, the Floodplain Administrator
and/or planning commission shall consider all technical evaluations,
all relevant factors, standards specified in other sections of this
t
chapter, and:
l
20 01067
(1) The danger that materials may be swept onto other
lands to the injury of others;
(2) The danger of life and property due to flooding or
erosion damage;
(3) The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage on the
individual owner;
(4) The importance of the services provided by the
proposed facility to the community;
(5) The necessity to the facility of a waterfront location,
where applicable;
(6) The availability of alternative locations for the proposed
use which are not subject to flooding or erosion damage;
(7) The compatibility of the proposed use with existing and
anticipated development;
(8) The relationship of the proposed use to the
comprehensive plan and floodplain management program for that
area;
(9) The safety of access to the property in time of flood or
ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise,
and sediment transport of the floodwaters expected at the site; and
(11) The 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.
(d) Generally, variances may be issued for new construction, and
substantial improvements and other proposed new development to be
erected on a lot of one-half acre or less in size contiguous to and
surrounding by lots with existing structures constructed below the
base flood level, providing items of subsection (c) of this section have
been fully considered. As the lot size increases beyond one-half acre,
the technical justification required for issuing the variance increases.
(e) Upon consideration of the factors of subsection (c) of this
section, and the purposes of this chapter, the Floodplain Administrator
or the Planning Commission may attach such conditions to the
21 01067
granting of variances as it deems necessary to further the purposes of
this chapter.
(f) The Floodplain Administrator shall maintain the records of all
variance and appeal actions, including justification for their issuance,
and report such variances issued in its biennial report submitted to the
Federal Emergency Management Agency.
Sec. 8-11.123. Conditions for variances.
(a) Variances may be issued for the repair or rehabilitation of
historic structures 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. The
approving authority may refer a variance application to the City's
Cultural Heritage Commission for its review prior to making the
determination.
(b) Variances shall not be issued within any designated floodway if
any increase in flood level during the base flood discharge would
result.
(c) 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 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 believes will both provide relief and
preserve the integrity of the local ordinance.
(d) Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would
result in exceptional hardship to the applicant; and
(3) A determination that the granting of a variance will not
result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of, the public, or conflict with existing local laws or
ordinances.
(e) Variances may be issued for new construction and substantial
improvements and for other development necessary for the conduct
of a functionally dependent use provided that the provisions of
22 01067
u
subsections (a) through (d) are satisfied and that the structure of other
development is protected by methods that minimize flood damages
during the base flood and create no additional threats to public safety
or a public nuisance.
(f) Any applicant to whom a variance is granted shall be given
written notice over the signature of a City 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 amount as high as $25 for $100 of insurance
coverage.
(2) Such construction below the base flood level increases
risks to life and property. A copy of the notice shall be recorded by
the Floodplain Board in the office of the Orange County Recorder and
shall be recorded in a manner so that it appears in the chain of title of
the affected parcel of land."
SECTION 2. Chapter 1 of Title 9 of the San Juan Capistrano Municipal Code is
hereby amended to read as follows:
"TITLE 9. LAND USE.
Sec. 9-1.105. Director of Public Works Authority.
Subject to the general control and supervision of the City Manager, the
Director of Public Works shall have the following duties, responsibilities, and
authority for Chapters 1 through 5 of this title, as well as other duties,
responsibilities, and authority prescribed for the Director of Public Works
under other laws and ordinance, City regulations, and administrative
provisions:
(a) The Director of Public Works is designated or his or her agent is
designated as the "Floodplain Administrator" and shall be vested with the
authority and responsibility to administer those provisions to include
administration, interpretation, decision making, violations and permit review
process within the Floodplain Administrator's authority under this Code.
(b) Authorized to administer the provisions of the State Subdivision Map Act
for tentative parcel maps, tentative tract maps, final maps, vesting tentative
maps, mergers, lot line adjustments and reversions to acreage.
(c) Authorized to review process and implement capital improvement
projects to include public improvement plans and outside agency
development review.
(d) The Director of Public Works shall have the direct authority and
responsibilities wherever Chapters 1 through 5 reference the City Engineer."
23 01067
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption as required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five
(5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after
adoption, the City Clerk shall cause to be published the aforementioned summary and shall
post a certified copy of this Ordinance, together with the vote for and against the same, in
the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 7'h day of May 2019.
BRI !MARY ,MAYOR
7
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO)
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true
and correct copy of Ordinance No. 1067 which was regularly introduced and placed upon its first reading at
the Regular Meeting of the City Council on the 16'^ day of April 2019 and that thereafter, said Ordinance was
ny adopted and passed at the Regular Meeting of the City Council on the 71^ day of May 2019 by the
of wino vot& to wit:
MEMBERS: Reeve, Farias, Bourne, and Mayor Maryott
MEMBERS: None
MEMBERS: Tavler
24 0 1067
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
1, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance
with State laws, Government Code section 36933(1) of the State of California, on the 1 11hday of April 2019, at
least 5 days prior to the adoption of the ordinance, I caused to be posted a certified copy of the proposed
ordinance entitled: /7
AN ORDINANCE OF THE CITY OF SAN JI
CHAPTER 11 OF TITLE 8 AND SECTI(
CAPISTRANO MUNICIPAL CODE R
REGULATIONS
This document was posted in the Office of the City
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
;A ST NO, CALIFORNIA, AMENDING
1. 5 TITLE 9 OF THE SAN JUAN
Z FLOODPLAIN MANAGEMENT
MA%"OI RIS, CITY QLER
San Juan Capistrano, C liforn
AFFIDAVIT OF POSTING
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in compliance
with State laws, Government Code section 36933(1) of the State of California.
On the 81' day of May, I caused to be posted a certified copy of Ordinance No. 1067, adopted by the City
Council on May 7, 2019, entitled:
AN ORDINANCE OF THE CIN OF SAN JUAN PISTRANO, CALIFORNIA, AMENDING
CHAPTER 11 OF TITLE 8 AND SECTION -1.105 OF TITLE 9 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE RE A DIN �OODPLAIN rMANAGEMENT
REGULATION
This document was posted in the Office of the City
MA IAvM( IS; CITY CL
Sa pistrano, Cali rnia
25 01067