2011-100 Floodplain Management ORDINANCE NO. 2011-100
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE
REPEALING SECTIONS 15.80.010 through 15.80.090 OF RIVERSIDE COUNTY MUNICIPAL
CODE, AS ADOPTED BY REFERENCE, AND ADDING CHAPTER 4.2 TO THE MENIFEE
MUNICIPAL CODE TO PROVIDE FOR REQUIRED FLOODPLAIN MANAGEMENT FOR
NONCOASTAL COMMUNITIES
Section 1. The City Council of the City of Menifee does ordain that Chapter 4.20 hereby is added
the Menifee Municipal Code to read as follows:
CHAPTER 4.2
Sections
4.2.010 Statutory Authorization, Findings of Fact, Purpose and Methods
4.2.020 Definitions
4.2.030 General Provisions
4.2.040 Administration
4.2.050 Provisions for Flood Hazard Reduction
4.2.060 Variances
SECTION 4.2.010- Statutory Authorization, Findings of Fact, Purpose and Methods
(a) STATUTORY AUTHORIZATION.
The Legislature of the State of California has in Government Code Sections 65302, 65560, and
65800 conferred upon local governments the authority to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry. Therefore, the City
Council of the City of Menifee does hereby adopt the following floodplain management
regulations.
(b) FINDINGS OF FACT.
1. The flood hazard areas of the City of Menifee 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.
2.- These flood losses are caused by uses that are inadequately elevated, flood
proofed, or protected from flood damage. The cumulative effect of obstructions in
areas of special flood hazards which increase flood heights and velocities also
contributes to flood losses.
(c) STATEMENT OF PURPOSE.
It is the purpose of this Chapter to promote the public health, safety, and general welfare, and
to minimize public and private losses due to flood conditions in specific areas by legally
enforceable regulations applied uniformly throughout the community to all publicly and privately-
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owned land within flood prone, mudslide [i.e. mudflow] or flood related erosion areas. These
regulations are designed to:
1." Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. 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;
6. Help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future blighted areas caused by
flood damage;
7. Ensure that potential buyers are notified that property is in an area of special flood
hazard; and
8. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
(d) METHODS OF REDUCING FLOOD LOSSES.
In order to accomplish its purposes, this Chapter includes regulations to:
1. Restrict or prohibit uses which are dangerous to health, safety, and property due to
water or erosion hazards, or which result in damaging increases in erosion or flood
heights or velocities;
2. Require that uses vulnerable to floods, including facilities which serve such uses,
be protected against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
4. Control filling, grading, dredging, and other development which may increase flood
damage;
5. Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards in other areas; and
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SECTION 4.2.020 — 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.
"A zone" - see "Special flood hazard area".
"Accessory structure" means a structure that is either:
1. Solely for the parking of no more than 2 cars; or
2. A small, low cost shed for limited storage, less than 150 square feet and $1,500 in value.
"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of
land on which it is located.
"Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of
boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood
flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows,
debris flows, erosion, sediment movement and deposition, and channel migration.
"Apex" means a point on an alluvial fan or similar landform below which the flow path of the major
stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
"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 may be evident. Such
flooding is characterized by ponding or sheet flow.
"Area of special,flood hazard" - See "Special flood hazard area."
"Base flood" means a flood which has a one percent chance of being equaled or exceeded in any
given year (also called the "100-year flood"). Base flood is the term used throughout this ordinance.
"Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate Map for Zones
AE, AH, Al-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that
has a 1-percent or greater chance of being equaled or exceeded in any given year.
"Basement" means any area of the building having its floor subgrade - i.e., below ground level - on all
sides.
"Building" - see "Structure".
"City" means the City of Menifee, of which the "City Council" is the governing body
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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 October 1, 2008.
"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 hazards and the floodway.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency
Management Agency or Federal Insurance Administration has delineated both the areas of special
flood hazards and the risk premium zones applicable to the community.
"Flood Insurance Study" means the official report provided by the Federal Insurance Administration
that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map,
and the water surface elevation of the base flood.
"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from
any source - see "Flooding."
"Floodplain Administrator" is the community official designated by title 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
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in the floodplain, including but not limited to emergency preparedness plans, flood control works,
floodplain management regulations, and open space plans.
"Floodplain management regulations" means this 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.
"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.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot. Also referred to as "Regulatory Floodway."
"Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway" where
encroachment may be permitted.
"Fraud and victimization" 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 are permitted to be constructed below the base flood elevation
are subject during all those years to increased risk of damage from floods, while future owners of the
property and the community as a whole are subject.to all the costs, inconvenience, danger, and
suffering that those increased flood damages bring. In addition, future owners may purchase the
property, unaware that it is subject to potential flood damage, and can be insured only at very high
flood insurance rates.
"Functionally dependent use" means a use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo or passengers, and ship building
and ship repair facilities, and does not include long-term storage or related manufacturing facilities.
"Governing body" is the local governing unit, i.e. county or municipality, which is empowered to adopt
and implement regulations to provide for the public health, safety and general welfare of its citizenry.
"Hardship" 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.
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"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;
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 a man-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 area, including basement (see
"Basement" definition).
1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking
of vehicles, building access or storage in an area other than a basement area, is not considered
a building's lowest floor provided it conforms to applicable non-elevation design requirements,
including, but not limited to:
a. The flood openings standard;
b. The anchoring standards;
c. The construction materials and methods standards; and
d. The standards for utilities.
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.
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"Manufactured home" means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to
the required utilities. The term "manufactured home" does not include a "recreational vehicle".
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
"Market value" 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 accrued since the structure was constructed.
(a) 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.
(b) 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, North American Vertical Datum (NAVD) of 1988, or other datum, to
which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
"New construction", for floodplain management purposes, means structures for which the "start of
construction" commenced on or after October 1, 2008, 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 October 1, 2008
"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.
"One-hundred-year flood" or "100-year flood" - see "Base flood."
City of Menifee Ordinance No. 2011-100
"Program deficiency" means a defect in a community's floodplain management regulations or
administrative procedures that impairs effective implementation of those floodplain management
regulations.
"Public safety and nuisance" 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" for purposes of this Chapter only 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 deterring future similar violations, or reducing State or Federal financial exposure with regard
to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook,
etc.
"Sheet flow area" - see "Area of shallow flooding."
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a 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, or, AH.
"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
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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
(a) Damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred; or
(b) Flood-related damages sustained by a structure on two separate occasions
during a 10-year period for which the cost of repairs at the time of each such event,
on the average, equals or exceeds 25 percent of the market value of the structure
before the damage occurred. This is also known as "repetitive loss."
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement
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.
"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,'North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Watercourse" means a 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.
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SECTION 4.2.0303 — General Provisions
4.2.030
(a) LANDS TO WHICH THIS CHAPTER APPLIES.
This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City.
(b) BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The areas of special flood hazard identified by the Federal Emergency Management Agency
(FEMA) in the "Flood Insurance Study (FIS) for the City" FIS06065CV001-004 dated 8/28/08,
with accompanying Flood Insurance Rate Maps (FIRM's) and Flood Boundary and Floodway
Maps (FBFM's), dated 8/28/08, and all subsequent amendments and/or revisions, are hereby
adopted by reference and declared to be a part of this ordinance. This FIS and attendant
mapping is the minimum area of applicability of this ordinance and may be supplemented by
studies for other areas which allow implementation of this Chapter and which are recommended
to the City Council by the Floodplain Administrator. The study, FIRM's and FBFM's are on file
with the City Clerk in City Hall located at 29714 Haun Rd, Menifee, CA.
(c) COMPLIANCE.
As of the effective date of this Chapter, no structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms of this Chapter and other
applicable regulations. Violation of the requirements (including violations of conditions and
safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from
taking such lawful action as is necessary to prevent or remedy any violation, including but not limited
to by the issuance of administrative citations. Any violation of this Chapter constitutes a public
nuisance which may be addressed or abated pursuant to Chapter 11.20 hereof.
(d) 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.
(e) INTERPRETATION.
In the interpretation and application of this Chapter, all provisions shall be considered as
minimum requirements, liberally construed in favor of the City and deemed neither to limit nor
repeal any other powers granted under state statutes.
(f) 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
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occur on rare occasions. Flood heights may be increased by man-made or natural causes. This
Chapter does not imply that land outside the areas of special flood hazards or uses permitted within
such areas will be free from flooding or flood damages. This Chapter does not and shall not create
liability on. the part of the City, the City Council, any officer or employee thereof, the State of
California, or the Federal Emergency Management Agency, for any flood damages that result from
reliance on this ordinance or any administrative decision lawfully made hereunder.
SECTION 4.2.040—Administration 4.2.040
(a) 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.
(b) DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to
the following:
1. Permit Review.
Review all development permits to determine:
(a) Permit requirements of this ordinance have been satisfied, including determination
of substantial improvement and substantial damage of existing structures;
(b) All other required state and federal permits have been obtained;
(c) The site is reasonably safe from flooding;
(d) The proposed development does not adversely affect the carrying capacity of
areas where base flood elevations have been determined but a floodway has not
been designated. This means that the cumulative effect of the proposed
development when combined with all other existing and anticipated development
will not increase the water surface elevation of the base flood more than 1 foot at
any point within the City; and
(e) All Letters of Map Revision (LOMR's) for flood control projects are approved prior
to the issuance of building permits. Building Permits must not be issued based on
Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow
construction of the proposed flood control project and land preparation as specified
in the "start of construction" definition.
2. Development of Substantial Improvement and Substantial Damage Procedures.
(a) Using FEMA publication FEMA 213, "Answers to Questions About Substantially
Damaged Buildings," develop detailed procedures for identifying and administering
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requirements for substantial improvement and substantial damage, to include
defining "Market Value."
(b) Assure procedures are coordinated with other departments/divisions and
implemented by community staff.
3. Review, Use and Development of Other Base Flood Data.
When base flood elevation data has not been provided in accordance with Section
4.2.030, the Floodplain Administrator shall obtain, review, and reasonably utilize any
base flood elevation and floodway data available from a federal or state agency, or other
source, in order to administer this Chapter.
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.
4. Notification of Other Agencies.
(a) Alteration or relocation of a watercourse:
i. Notify adjacent communities and the California Department of Water Resources
prior to alteration or relocation;
ii. Submit evidence of such notification to the Federal Emergency Management
Agency; and
iii. Assure that the flood carrying capacity within the altered or relocated portion of
said watercourse is maintained.
(b) Base Flood Elevation changes due to physical alterations:
i. Within 6 months of information becoming available or project completion,
whichever comes first, the floodplain administrator shall submit or assure that the
permit applicant submits technical or scientific data to FEMA for a Letter of Map
Revision (LOMR).
ii. 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.
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(c) Changes in corporate boundaries:
Notify FEMA in writing whenever the corporate boundaries have been modified
by annexation or other.means and include a copy of a map of the community
clearly delineating the new corporate limits.
5. Documentation of Floodplain Development.
Obtain and maintain for public inspection and make available as needed the following:
(a) Certification required for lowest floor elevations;
(b) Certification required for elevation or flood proofing of nonresidential structures;
(c) Certification required for wet flood proofing standard;
(d) Certification of elevation required for subdivisions and other proposed development
standards;
(e) Certification required for floodway encroachments; and
(f) Maintain a record of all variance actions, including justification for their issuance, and
report such variances issued in its biennial report submitted to the Federal
Emergency Management Agency.
6. Map Determination.
Make interpretations where needed, as to the exact location of the boundaries of the
areas of special flood hazard, where there appears to be a conflict between a mapped
boundary and actual field conditions. The person contesting the location of the boundary
shall be given a reasonable opportunity to appeal the interpretation as provided in
subsection (d) below.
7. Remedial Action.
Take any and all actions to remedy violations of this Chapter.
8. Biennial Report.
Complete and submit Biennial Report to FEMA.
9. Planning.
Assure community's General Plan is consistent with floodplain management objectives
herein.
(c) DEVELOPMENT PERMIT.
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A development permit shall be obtained before any construction or other development,
including manufactured homes, within any area of special flood hazard established under this
Chapter Application for a development permit shall be made on forms furnished by the City.
The applicant shall provide the following minimum information:
1. Plans in duplicate, drawn to scale, showing:
(a) Location, dimensions, and elevation of the area in question, existing or
proposed structures, storage of materials and equipment and their
location;
(b) Proposed locations of water supply, sanitary sewer, and other utilities;
(c) Grading information showing existing and proposed contours, any
proposed fill, and drainage facilities;
(d) Location of the regulatory floodway when applicable;
(e) Base flood elevation information as specified in this Chapter;
(f) Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures; and
(g) Proposed elevation in relation to mean sea level to which any
nonresidential structure will be flood proofed, as required in Section
4.2.050 of this ordinance and detailed in FEMA Technical Bulletin TB 3-
93.
2. Certification from a registered civil engineer or architect that the nonresidential
flood proofed building meets the flood proofing criteria in Section 4.2.050..
3.- For a crawl-space foundation, location and total net area of foundation openings
as required in Chapter 4.2.050 detailed in FEMA Technical Bulletins 1-93 and 7-
93.
4. Description of the extent to which any watercourse will be altered or relocated as
a result of proposed development.
5. All appropriate certifications listed in this Chapter.
6. To ensure that the areas below the BFE shall be used solely for parking vehicles,
limited storage, or access to the building and not be finished for use as human habitation
without first becoming fully compliant with the floodplain management ordinance in effect at
the time of conversion, the Floodplain Administrator shall:
(1) Determine which applicants for new construction and/or substantial
improvements have fully enclosed areas below the lowest floor that are 5 feet or higher;
(2) Enter into a "NON-CONVERSION AGREEMENT FOR CONSTRUCTION
WITHIN FLOOD HAZARD AREAS" or equivalent with the County of Riverside. The
agreement shall be recorded with the Riverside County Recorder as a deed restriction.
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City of Menifee Ordinance No. 2011-100
The non-conversion agreement shall be in a form acceptable to the Floodplain
Administrator and County Counsel; and
(3) Have the authority to inspect any area of a structure below the base flood
elevation to ensure compliance upon prior notice of at least 72 hours.
d) APPEALS.
The City Council 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. Appeals shall be heard pursuant to Chapter
2.04.050 of the Municipal Code.
SECTION 4.2.050 — Provisions for Flood Hazard Reduction
(a) STANDARDS OF CONSTRUCTION.
In all areas of special flood hazards the following standards are required:
1. Anchoring.
All new construction and substantial improvements of structures, including
manufactured homes, shall be adequately anchored to prevent flotation, collapse or
lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy.
2. Construction Materials and Methods.
All new construction and substantial improvements of structures, including
manufactured homes, shall be constructed:
(a) With flood resistant materials, and utility equipment resistant to flood
damage for areas below the base flood elevation;
(b) Using methods and practices that minimize flood damage;
(c) With electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located so
as to prevent water from entering or accumulating within the components
during conditions of flooding; and
(d) 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.
3. Elevation and Flood proofing.
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City of Menifee Ordinance No. 2011-100
(a) Residential construction.
All new construction or substantial improvements of residential structures shall
have the lowest floor, including basement:
i. In AE, AH, Al-30 Zones, elevated at least 2 feet above the base flood
elevation.
ii. In an AO zone, elevated above the highest adjacent grade to a height 2
feet above the depth number specified in feet on the FIRM, or elevated at
least 4 feet above the highest adjacent grade if no depth number is
specified.
iii. In an A zone, without BFE's specified on the FIRM [unnumbered A zone],
elevated at least 2 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 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.
(b) Nonresidential construction.
All new construction or substantial improvements of nonresidential structures shall either
be elevated to conform with Section 4.2.050(a) (3) (a) or:
i. Be flood proofed, together with attendant utility and sanitary facilities, below the
elevation recommended under Section 4.2.050(a)(3)(a), so that the structure is
watertight with walls substantially impermeable to the passage of water;
ii. Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
iii. Be certified by a registered civil engineer or architect that the standards of this
subsection are satisfied. Such certification shall be provided to the a Floodplain
Administrator.
(c) Flood openings.
All new construction and substantial improvements of structures with fully enclosed
areas below the lowest floor (excluding basements) that are usable solely for parking of
vehicles, building access or storage, and which are subject to flooding, shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by allowing
for the entry and exit of floodwater. Designs for meeting this requirement must meet the
following minimum criteria:
i. For non-engineered openings:
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City of Menifee Ordinance No. 2011-100
(a) Have a minimum of two openings on different sides having a total net
area of not less than one square inch for every square foot of enclosed
area subject to flooding;
(b) The bottom of all openings shall be no higher than one foot above grade;
(c) Openings may be equipped with screens, louvers, valves or other
coverings or devices provided that they permit the automatic entry and
exit of floodwater; and
(d) Buildings with more than one enclosed area must have openings on
exterior walls for each area to allow flood water to directly enter; or
ii. Be certified by a registered civil engineer or architect.
(d) Manufactured homes.
i. See subsection 4.2.050(d).
(e) Garages and low cost accessory structures.
i. Attached garages.
(a) A garage attached to a residential structure, constructed with the garage
floor slab below, the BFE, must be designed to allow for the automatic
entry of flood waters. See Section 4.2.050(a) (3). Areas of the garage
below the BFE must be constructed with flood resistant materials. See
Section 4.2.050(a) (2).
(b) A garage attached to a nonresidential structure must meet the above
requirements or be dry flood proofed. For guidance on below grade
parking areas, see FEMA Technical Bulletin TB-6.
ii. Detached garages and accessory structures.
"Accessory structures" used solely for parking (2 car detached garages or
smaller) or limited storage (small, low-cost sheds), as defined in Section 4.2.020,
may be constructed such that its floor is below the base flood elevation (BFE),
provided the structure is designed and constructed in accordance with the
following requirements:
a) Use of the accessory structure must be limited to parking or limited
storage;
b) The portions of the accessory structure located below the BFE must
be built using flood-resistant materials;
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City of Menifee Ordinance No. 2011-100
c) The accessory structure must be adequately anchored to prevent
flotation, collapse and lateral movement;
d) Any mechanical and utility equipment in the accessory structure
must be elevated or flood proofed to or above the BFE;
e) The accessory structure must comply with floodplain encroachment
provisions in Section 5.6; and
f) The accessory structure must be designed to allow for the
automatic entry of flood waters in accordance with Section
4.2.050(a) (3).
iii. Detached garages and accessory structures not meeting the above
standards must be constructed in accordance with all applicable
standards in Section 5.2.050(a).
(b) STANDARDS FOR UTILITIES.
1. All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate:
i. Infiltration of flood waters into the systems; and
ii. Discharge from the systems into flood waters.
2. On-site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
(c) STANDARDS FOR SUBDIVISIONS AND OTHER PROPOSED DEVELOPMENT.
1. All new subdivisions proposals and other proposed development, including
proposals for manufactured home parks and subdivisions, greater than 50 lots or
5 acres, whichever is the lesser, shall:
(a) Identify the Special Flood Hazard Areas (SFHA) and Base Flood
Elevations (BFE).
(b) Identify the elevations of lowest floors of all proposed structures and pads
on the final plans.
(c) If the site is filled above the base flood elevation, the following as-built
information for each structure shall be certified by a registered civil
engineer or licensed land surveyor and provided as part of an application
for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain
Administrator:
i. Lowest floor elevation.
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City of Menifee Ordinance No. 2011-100
ii. Pad elevation.
iii. Lowest adjacent grade.
2. All subdivision proposals and other proposed development shall be consistent
with the need to minimize flood damage.
3. 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.
4. All subdivisions and other proposed development shall provide adequate
drainage to reduce exposure to flood hazards.
(d) STANDARDS FOR MANUFACTURED HOMES.
1. 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 A11-30, AH, and AE on the community's Flood Insurance
Rate Map, be elevated on a permanent foundation such that the lowest
floor of the manufactured home is elevated to or above the base flood
elevation and be securely fastened to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
2. 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 (i) above will be securely fastened to an adequately
anchored foundation system to resist flotation, collapse, and lateral movement,
and be elevated so that either the:
(a) Lowest floor of the manufactured home is at or above the base flood
elevation; or
(b) 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.
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City of Menifee Ordinance No. 2011-100
(e) STANDARDS FOR RECREATIONAL VEHICLES.
1. ' All recreational vehicles placed in Zones Al-30, AH, and AE will either:
(a) Be on the site for fewer than 180 consecutive days; or
(b) Be fully licensed and ready for highway use. A recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is attached
to the site only by quick disconnect type utilities and security devices, and
has no permanently attached additions; or
(c) Meet the permit requirements of this Chapter and the elevation and
anchoring requirements for manufactured homes in subsection (d) above.
(f) FLOODWAYS.
Since floodways are an extremely hazardous area due to the velocity of flood waters which
carry debris, potential projectiles, and erosion potential, the following provisions apply:
1. 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
2. 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.
3. If subsections (1) and (2) above are satisfied, all new construction, substantial
improvement, and other proposed new development shall comply_with all other
applicable flood hazard reduction provisions of Section 4.2.050.
To ensure that the areas below the BFE shall be used solely for parking vehicles,
limited storage, or access to the building and not be finished for use as human
habitation without first becoming fully compliant with the floodplain management
ordinance in effect at the time of conversion, the Floodplain Administrator shall:
(1) Determine which applicants for new construction and/or substantial
improvements have fully enclosed areas below the lowest floor that are 5
feet or higher;
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City of Menifee Ordinance No. 2011-100
(2) Enter into a "NON-CONVERSION AGREEMENT FOR
CONSTRUCTION WITHIN FLOOD HAZARD AREAS" or equivalent with
the County of Riverside. The agreement shall be recorded with the Riverside
County Recorder as a deed restriction. The non-conversion agreement shall be
in a form acceptable to the Floodplain Administrator and County Counsel; and
(3) Have the authority to inspect any area of a structure below the base
flood elevation to ensure compliance upon prior notice of at least 72
hours.
5. NON-CONVERSION OF ENCLOSED AREAS BELOW THE LOWEST FLOOR.
(a) Non-conversion of Enclosed Areas Below the Lowest Floor.
To ensure that the areas below the BFE shall be used solely for parking vehicles,
limited storage, or access to the building and not be finished for use as human
habitation without first becoming fully compliant with the floodplain management
ordinance in effect at the time of conversion, the Floodplain Administrator shall:
(1) Determine which applicants for new construction and/or substantial
improvements have fully enclosed areas below the lowest floor that are 5
feet or higher;
(2) Enter into a "NON-CONVERSION AGREEMENT FOR
CONSTRUCTION WITHIN FLOOD HAZARD AREAS" or equivalent with the
County of Riverside. The agreement shall be recorded with the Riverside
County Recorder as a deed restriction. The non-conversion agreement shall
be in a form acceptable to the Floodplain Administrator and County Counsel;
and
(3) Have the authority to inspect any area of a structure below the base
flood elevation to ensure compliance upon prior notice of at least 72
hours.
SECTION 4.2.060 —Variances
(a) NATURE OF VARIANCES.
The issuance of a variance is for floodplain management purposes only. Insurance premium
rates are determined by statute according to actuarial risk and will not be modified by the
granting of a variance.
(b) The variance criteria set forth in this section of the Chapter are based on the general principle
of zoning law that variances pertain to a piece of property and are not personal in nature. A
variance may be granted for a parcel of property with physical characteristics so unusual that
complying with the requirements of this 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.
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City of Menifee Ordinance No. 2011-100
(c) The need to protect residents from flooding 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.
(d) CONDITIONS FOR VARIANCES.
1. 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 Sections 4 and 5 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.
2. Variances may be issued for the repair or rehabilitation of "historic structures" (as
defined in Section 4.2.020 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.
3. Variances shall not be issued within any mapped regulatory floodway if any increase in
flood levels during the base flood discharge would result.
4. 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 both provide relief and preserve the integrity of the local ordinance.
5. Any applicant to whom a variance is granted shall be given written notice over the
signature of a community official that:
a. 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
b. 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.
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City of Menifee Ordinance No. 2011-100
6. The Floodplain Administrator will maintain a record of all variance actions, including
justification for their issuance, and report such variances issued in its biennial report
submitted to the Federal Emergency Management Agency.
(e) APPEAL BOARD.
1. In passing upon requests for variances, the City Council shall act pursuant to this
Chapter. It shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this ordinance, and the:
a. Danger that materials may be swept onto other lands to the injury of
others;
b. Danger of life and property due to flooding or erosion damage;
C. 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;
d. Importance of the services provided by the proposed facility to the
community;
e. Necessity to the facility of a waterfront location, where applicable;
f. Availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
g. Compatibility of the proposed use with existing and anticipated
development;
h. Relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
i. Safety of access to the property in time of flood for ordinary and
emergency vehicles;
j. Expected heights, velocity, duration, rate of rise, and sediment transport
of the flood waters expected at the site; and
k. 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.
2. Variances shall only be issued upon a:
a. Showing of good and sufficient cause;
23
City of Menifee Ordinance No. 2011-100
b. Determination that failure to grant the variance would result in exceptional
"hardship" to the applicant; and
C. 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 (see "Public safety and nuisance"), cause
"fraud and victimization" of the public, or conflict with existing local laws
or ordinances.
3. 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 this section 4.2.060 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.
4. Upon consideration of the factors in this Section 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.
Section 2. 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.
Section 3. RIVERSIDE COUNTY.
County of Riverside Municipal Code, Sections 15.80.010 through 15.80.090 is hereby repealed.
Section 4. EFFECTIVE DATE. This ordinance shall be effective 30 days from the date of its adoption.
PASSED, APPROVED AND ADOPTED THIS 6th day of December, 2011.
Wallace W. Edgerton, Mayor
Attest: A proved as to Fo
Kathy Bennett, City Clerk J v
cher, City ttorney
24
l:..
Wallace W.Edgerton
Mayor STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
John V.Denver CITY OF MENIFEE )
Mayor Pro Tem
Darcy Kuenzi I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Councilmember foregoing Ordinance No. 2011-100 was duly adopted by the City Council of the
City of Menifee at a meeting thereof held on the 6t' day of December, 2011 by
Thomas Fuhrman i the following vote:
Councilmember
Sue Kristjansson Ayes: Denver, Edgerton, Fuhrman, Kristjansson, Kuenzi,
Councilmember Noes: None
Absent: None
I Abstain: None
i
8
Kathy benneft, City Clerk
l
a
r
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofrnenifee.us