Chapter 110.64 — SCHOOL FACILITY DEDICATION REQUIREMENTS[[19]]

Footnotes:

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State Law reference— School facilities and new residential development generally, Government Code § 65970 et seq.; authority of municipality to adopt ordinance requiring the dedication of land, the payment of fees in lieu thereof, or a combination of both, for classroom and related facilities for elementary or high schools as a condition to the approval of a residential development, Government Code § 65974.

The ordinance codified in this chapter is adopted to implement school facilities land dedication and fee requirements in the city, pursuant to the provisions of chapter 4.7 of division 1 of title 7 of the Government Code § 65970 et seq. The city council may, from time to time by resolution, issue regulations to provide for the administration of this chapter.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Any agreement existing, prior to the effective date of the ordinance codified in this chapter, between an applicant for a residential development and a school district pertaining to the dedication of land or payment of fees for school facilities to serve the property which is the subject of the application, or any portion thereof, shall be recognized by a decision-making body hereunder and shall be considered by it as satisfying the requirements of this chapter.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Conditions of overcrowding means that the total enrollment of a school, including enrollment from a proposed development, exceeds the capacity of such school as determined by the governing body of the school district.

Decision-making body means the city council, planning commission, an area planning council, the community development director, the director of building and safety.

Dwelling unit means a building or a portion thereof, or a mobilehome, designed for residential occupancy by one person or a group of two or more persons living together as a domestic unit.

Reasonable methods for mitigating conditions of overcrowding includes, but is not limited to, agreements between a subdivider or other developer of a residential development and an affected school district whereby temporary-use buildings will be leased to or for the benefit of the school district or temporary-use buildings owned by the school district will be used.

Residential development means a project containing residential dwellings, including mobilehomes, of one or more units, or a division of land for the purpose of constructing one or more residential dwelling units. The term "residential development" includes, but is not limited to:

(1)

A general plan or specific plan, or amendment thereto, which would allow an increase in residential density;

(2)

An ordinance rezoning property to a residential use or to a more intense residential use;

(3)

A tentative or final subdivision map or parcel map, or a time extension for filing a final map;

(4)

A conditional use permit for a residential development, including but not limited to, planned residential developments and mobilehome parks;

(5)

A plot plan for any multifamily project;

(6)

A building permit;

(7)

A mobilehome setup permit;

(8)

Any other discretionary permit for residential use.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

A residential development shall be exempt from the requirements of this chapter when it consists only of any of the following:

(1)

The modification or remodeling of an existing dwelling unit, provided no additional dwelling units are created;

(2)

The rebuilding of a dwelling unit that is destroyed or damaged, provided no additional dwelling units are created, or the use of a temporary dwelling unit by residents of a damaged structure that is being rebuilt;

(3)

The relocation of a mobilehome from one space in an impacted school district to another location in the same school district;

(4)

The rebuilding of a designated historical building;

(5)

A development specifically limited to senior citizens and approved under the provision of zoning code, title 120, planning and zoning, of this Code and the provisions of this Land Development Code, and all development constructed in a zone containing the senior citizens development (SCD) suffix as part of its zoning designation;

(6)

The conversion of an existing apartment building into a planned residential development, provided no new dwelling units are created;

(7)

A mobilehome setup permit within a mobilehome park approved prior to June 7, 1984.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

If the governing body of a school district, located partly or entirely within the city, which operates elementary, junior high or high school facilities, makes findings supported by clear and convincing evidence that:

(1)

Conditions of overcrowding exist in one or more attendance areas, which conditions impair the normal functioning of educational programs, including the reasons for the existence of such conditions;

(2)

All reasonable methods within established school district policies of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exist;

the governing body of the school district shall notify the city council.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.64.060. - Requirements for findings.

A notice of findings sent by a school district to the city council shall specify:

(1)

The findings required by section 110.64.050 including the factual basis and a summary of the evidence upon which the findings were based;

(2)

The mitigation measures and methods considered by the school district;

(3)

The precise geographic boundaries of the overcrowded attendance area or areas;

(4)

Any agreements entered into by the school district that would alleviate conditions of overcrowding caused by new residential development;

(5)

Such other information as may be required by a regulation of the city council.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.64.070. - Concurrence of findings by city council.

If the city council concurs in the district's findings, the provisions of this chapter shall be applicable to actions taken on residential development applications by a decision-making body.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.64.080. - Restrictions on approval of residential development.

Within any attendance area of a school district where the city council has concurred that conditions of overcrowding exist, no decision-making body shall approve an application for a residential development

within that attendance area, unless the decision-making body makes one of the following findings:

(1)

That action will be taken pursuant to this chapter to provide dedication of land or payment of fees to mitigate the conditions of overcrowding within that attendance area;

(2)

That there are specific overriding fiscal, economic, social or environmental factors which, in the judgment of the decision-making body, will benefit the city, thereby justifying the approval of a residential development, otherwise subject to the provisions of this chapter without requiring dedication of land or payment of fees. Overriding factors may include, but are not limited to, an agreement between the applicant for a residential development and the school district to mitigate conditions of overcrowding within an attendance area.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.64.090. - Requirements of fees or dedications.

In an attendance area where the city council has concurred that conditions of overcrowding exist, an applicant for a proposed residential development shall, as a condition of approval of the development, dedicate land, pay fees, or both, as determined by the decision-making body having jurisdiction, during its proceedings on the application, provided the decision-making body determines that the facilities to be constructed, purchased, leased or rented from such fees or the land to be dedicated, or both, is consistent with the general plan.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.64.100. - Requirement for use of fees or dedications.

(a)

The land or fees, or both, paid to a school district shall be used only for the purpose of providing elementary, junior high or high school classroom and related facilities as defined by the governing body of the district.

(b)

The location and amount of land to be dedicated or the amount of fees to be paid, or both, shall bear a reasonable relationship and will be limited to the needs of the community for interim elementary, junior high or high school facilities and shall be reasonably related and limited to the need for schools caused by the development.

(c)

Only the payment of fees shall be required in subdivisions containing 50 parcels or less.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.64.110. - Standards for land dedication and fees.

The standards for the amount of land to be dedicated or fees to be paid shall be established by the governing body of each school district where a determination has been made that conditions of overcrowding exist. The standards and supporting facts shall be transmitted to the city council. If the city council has concurred that conditions of overcrowding exist, and also concurs in the standards, they shall be used by decision-making bodies to determine the dedication of land or fees required as a condition to the approval of a residential development. If the city council does not concur with the standards established by the school district for dedications and fees, it shall adopt, by resolution, land dedication and fee requirements for those areas, which shall be used by the decision-making bodies.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

At the time of filing an application for approval of a residential development containing more than 50 parcels or dwelling units, located within an attendance area where the city council has concurred that conditions of overcrowding exist, the applicant shall, as a part of the application, indicate a preference to dedicate land, to pay fees in lieu thereof, or both. If the applicant prefers to dedicate land, the application shall recommend the specific land; however the recommendation shall not be binding upon the decisionmaking body or the governing body of the school district.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

Upon receipt of an application for a residential development within an attendance area where the city council has concurred that conditions of overcrowding exist, not including applications for building permits or mobilehome setup permits, the community development director shall notify the affected school districts at least 30 days prior to consideration of the application by a decision-making body. The community development director may also notify school districts of any other applications for residential developments that may affect the districts.

(b)

Upon receipt of an application for a building permit or mobilehome setup permit, within an attendance area where the city council has concurred that conditions of overcrowding exist, the building director shall determine if specific dedication or fee requirements have been fixed for the development by a decisionmaking body as part of the determinations on an application for approval of a development. If no specific requirements have been fixed for the development, the building director shall apply to the development the approved fees adopted pursuant to section 110.64.110.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 110.64.140. - Decision factors.

(a)

Upon receipt of notice from the community development director, pursuant to section 110.64.130(a) regarding an application for a residential development, the governing body of the affected school district shall determine if it desires a dedication of land, payment of fees in lieu thereof, or a combination of both, and shall transmit the decision to the community development director for submission to the appropriate decision-making body. The request shall not exceed the approved dedication and fee standards that are on file pursuant to section 110.64.110. In the deliberations regarding the determination, the school district and thereafter, the decision-making body shall consider the following factors:

(1)

Whether lands offered for dedication will be consistent with the city general plan;

(2)

Whether the lands offered for dedication meet the criteria established by Education Code § 39000 et seq.;

(3)

The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication;

(4)

Whether the location and amount of lands proposed to be dedicated or the amount of fees to be paid, or both, will bear a reasonable relationship and will be limited to the needs of the community for interim elementary, junior or high school facilities and will be reasonably related and limited to the need for schools caused by the development;

(5)

If only a subdivision is proposed, whether it will contain 50 parcels or less.

(b)

A decision-making body shall impose the requirements transmitted by the school district, if they are in accordance with the standards approved pursuant to section 110.64.110, unless the decision-making body finds there are overriding factors pursuant to section 110.64.080(2) in which case nothing herein shall prevent a decision-making body from imposing lesser requirements than those transmitted by the school district. A determination by a decision-making body to impose lesser requirements shall be final only upon approval by the city council.

(c)

If the school district has entered into an agreement with an applicant for a residential development to mitigate conditions of overcrowding within the attendance area covered by the application, the governing body shall, upon receipt of notification from the community development director that an application for a residential development has been filed, so advise both the community development director and the director of building and safety and transmit a copy of the agreement for submission to the appropriate decision-making body.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Following the action by a decision-making body to require the dedication of land or the payment of fees, or both, the community development director shall notify each affected school district. The governing body of the school district shall submit a schedule specifying how it will use the land or fees, or both, to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available and the time when such facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the city council and the reasons for the modifications.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

When land is to be dedicated, it shall be deeded directly to the affected school district. If dedicated land is subsequently determined by the school district to be unsuitable for school purposes, it may be sold at the option of the school district, but the funds derived therefrom must be used in accordance with this chapter.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.64.170. - Fee payment.

(a)

If the payment of a fee is required, it shall be paid to the affected school district at the time the building permit is issued, unless payment is made earlier pursuant to agreement between the developer and the school district. The school district shall provide the director of building and safety with a statement that all dedication or fee requirements have been completed.

(b)

When application is made for a new building permit following the expiration of a previously issued building permit for which a fee has been paid, the fee shall not be required.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

If a residential development approval is vacated or voided and if the affected school district still retains the land or fees collected therefor, and if the applicant so requests, the governing body of the school district shall order the land or fees returned to the applicant.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

All land or fees, or both, collected pursuant to this chapter and transferred to a school district shall be used only for the purpose of providing elementary, junior high or high school classroom and related facilities.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Any school district receiving funds or land, pursuant to this chapter, shall maintain a separate account for any fees paid and money received for disposition of land, and shall file a report with the city council on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased or constructed during the previous fiscal year. In addition, the report shall specify which attendance areas will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist. Such report shall be filed more frequently at the request of the city council.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.64.210. - Termination of dedication and fee requirements.

When it is determined by the city council that conditions of overcrowding no longer exist in an attendance area, which includes the city, decision-making bodies shall cease levying any fee or requiring the dedication of any land for that area pursuant to this chapter. Action under this section shall not affect the validity of conditions already imposed for levy of fees and dedications of land and such conditions shall remain binding.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTERS 110.68—110.76. - RESERVED CHAPTER 110.80. - FLOODPLAIN MANAGEMENT[[20]]

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Editor's note— Ord. No. 2013-03, § 1, adopted March 27, 2013, repealed and replaced ch. 110.80, §§ 110.80.010—110.80.080, in its entirety. Former ch. 110.80 pertained to regulating flood hazard areas and implementing the national flood insurance program and was derived from Ord. No. 2011-04, §§ 1, 2, adopted January 26, 2011.

State Law reference— Flood control by cities, Water Code § 8000 et seq.; establishment of floodplain regulations, Water Code § 8410.5 et seq.

Sec. 110.80.010. - Statutory authorization.

The legislature of the state has in Government Code §§ 65302, 65560 and 65800 conferred upon local government the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the city council, does hereby adopt the following floodplain management regulations.

(Ord. No. 2013-03, § 1, 3-27-2013)

Sec. 110.80.020. - Findings of fact.

(a)

The flood hazard areas of the city 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 contribute to the flood loss.

(Ord. No. 2013-03, § 1, 3-27-2013)

Sec. 110.80.030. - Legislative 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 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.

(Ord. No. 2013-03, § 1, 3-27-2013)

Sec. 110.80.040. - 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 flood waters;

(4)

Control filling, grading, dredging and other development which may increase flood damage; and

(5)

Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

(Ord. No. 2013-03, § 1, 3-27-2013)

Sec. 110.80.050. - 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.

A zone. See "special flood hazard area."

Accessory structure means a structure that is either:

(1)

Solely for the parking of no more than two cars; or

(2)

A small, low costs shed for limited storage, less than 150 square feet and $1,500.00 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 the 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 chapter.

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 chapter.

Base flood elevation (BFE) means the elevation shown on the flood insurance rate map for zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a onepercent 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 means structure.

City means the city of Eastvale.

Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the city.

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).

FEMA means the Federal Emergency Management Agency.

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 means the city official designated by title by the city council to administer and enforce the floodplain management regulations by the city council.

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.

Floodplain management regulations means this chapter and other zoning ordinances, subdivision

regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, 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 means that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.

Fraud and victimization, as related to sections 110.80.230—110.80.250 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 50 to 100 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 of water. The term includes only docking facilities and 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 means the city council, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

Hardship as related to sections 110.80.230—110.80.250 relating to variances, means the exceptional hardship that would result from a failure to grant the requested variance. The planning commission shall require that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for

individual listing on the National Register;

(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 with 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."

(1)

An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:

a.

The wet floodproofing standard in section 110.80.170(c)(3);

b.

The anchoring standards in section 110.80.170(a);

c.

The construction materials and methods standards in section 110.80.170(b);

d.

The standards for utilities in section 110.80.180.

(2)

For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements. (See "basement" definition). This prohibition includes below-grade garages and storage areas.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Market value is defined in the city substantial damage/improvement procedures. See section 110.80.140(2)a.

Mean sea level means, for purposes of the national flood insurance program, the national geodetic vertical datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

Mudslide (i.e., mudflow) describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.

Mudslide (i.e., mudflow) prone area means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.

New construction, for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of this chapter, and includes any subsequent improvements to such structures.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this Chapter.

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."

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 as related to sections 110.80.230—110.80.250 relating to variances, means that the granting of a variance must not result in anything which is injurious to safety or health of an

entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one-foot.

Remedy a violation means to bring the structure of 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 this chapter 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 means "area of shallow flooding."

Special flood hazard area (SFHA) means an area in the floodplain subject to a one-percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as zone A, AO, AI-A30, AE, A99, AH, E, M.

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 commencement of construction 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 manufactured home on a foundation. Start of 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 an improvement only, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations or state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2)

Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure."

Variance means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

Violation means the failure of a structure or other development or improvement to comply fully with the provisions of this chapter. 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 the owner thereof provides such documentation.

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.

(Ord. No. 2013-03, § 1, 3-27-2013)

Sec. 110.80.060. - Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.

(Ord. No. 2013-03, § 1, 3-27-2013)

Sec. 110.80.070. - 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)" done for the county dated August 28th, 2008, and accompanying flood insurance rate maps (FIRM's) and flood boundary and floodway maps (FBFM's) dated August 28th, 2008, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The study, FIRM's and FBFM's are on file with the Eastvale Department of Public Works at 12363 Limonite Avenue, Ste. 910, Eastvale, California 91752.

(Ord. No. 2013-03, § 1, 3-27-2013)

Sec. 110.80.080. - Compliance.

No structure or land shall hereafter be altered, constructed, converted, developed, extended, located or used without fully complying with the provisions of this chapter and other applicable regulations. Violation of the requirements imposed by this chapter, and any condition imposed by the city council or floodplain administrator which have become final, shall constitute a misdemeanor. Nothing herein shall prevent the city council from taking such additional or other lawful action as is necessary to prevent or remedy any violation hereof.

(Ord. No. 2013-03, § 1, 3-27-2013)

Sec. 110.80.090. - 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.

(Ord. No. 2013-03, § 1, 3-27-2013)

Sec. 110.80.100. - Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor or the governing body; and

(3)

Deemed neither to limit, nor repeal any other powers granted under state statutes.

(Ord. No. 2013-03, § 1, 3-27-2013)

Sec. 110.80.110. - 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 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, any officer or employee thereof, the state, or the federal emergency management agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. No. 2013-03, § 1, 3-27-2013)

Sec. 110.80.120. - 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.

(Ord. No. 2013-03, § 1, 3-27-2013)

Sec. 110.80.130. - Designation of the floodplain administrator.

The city manager is hereby designated as the floodplain administrator to implement, and enforce this chapter by granting or denying development permits in accordance with the provisions herein.

(Ord. No. 2013-03, § 1, 3-27-2013)

Sec. 110.80.140. - Duties of the floodplain administrator.

The duties and responsibilities of the floodplain administrator, or designee, shall include, but not be limited, to the following:

(1)

Permit review. Review the development permits to determine:

a.

Permit requirements of this chapter 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 construction, development or encroachment 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 increase the water surface elevation of the base flood more than one-foot at any point within the city; and

e.

All letters of map revision (LOMR) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on condition letters of map revision (CLOMR). Approved CLOMR's allow constructions 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 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 and use of any other base flood data. When base flood elevation data has not been provided in accordance with section 110.80.070, 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 sections 110.80.170—110.80.220.

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 years) Flood Elevations", dated July 1995.

(4)

Notification of other agencies.

a.

Alteration or relocation of a watercourse.

1.

Notify adjacent communities and the state department of water resources prior to alteration or relocation;

2.

Submit evidence of such notification to the federal emergency management agency; and

3.

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 alternations.

1.

Within six 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 date 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). Approved CLOMR's allows 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.

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 by subsection 110.80.170(3)a. and section 110.80.200 (lowest floor elevations);

b.

Certification required by subsection 110.80.170(3)b. (elevation or floodproofing of nonresidential structures);

c.

Certification required by subsection 110.80.170(3)c. (wet floodproofing standard);

d.

Certification of elevation required by subsection 110.80.190(a). (subdivisions and other proposed development standards);

e.

Certification required by subsection 110.80.220(2) (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, for example, 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 section 110.80.160.

(7)

Remedial action. Take action to remedy violations of this chapter as specified in section 110.80.080.

(8)

Biennial report. Complete and submit biennial report to FEMA.

(9)

Planning. Assure community's general plan is consistent with floodplain management objectives herein.

(Ord. No. 2013-03, § 1, 3-27-2013)

Sec. 110.80.150. - Development permit.

A development permit shall be obtained before any construction or other development, including manufactured homes, within any of special flood hazard area established in accordance with its definition in section 110.80.070. 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 section 110.80.070 or subsection 110.80.140(3);

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 floodproofed, as required in subsection 110.80.170(3)b. and detailed in FEMA Technical Bulletin TB 3-93.

(2)

Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in subsection 110.80.17(3)b.

(3)

For a crawl-space foundation, location and total net area of foundation openings as required in subsection 110.80.170(3)c. and 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 subsection 110.80.140(5).

(Ord. No. 2013-03, § 1, 3-27-2013)

Sec. 110.80.160. - 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 flood plain administrator in the enforcement or administration of this chapter.

(Ord. No. 2013-03, § 1, 3-27-2013)

Sec. 110.80.170. - 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 hydrostatic loads including the effects of buoyancy.

(2)

Construction materials and methods. All new construction and substantial improvement 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 floodwaters around and away from proposed structures.

(3)

Elevation and floodproofing.

a.

Residential construction. All new construction or substantial improvements, of residential structures shall have the lowest floor, including basement:

In AE, AH, A1-A30 zones, elevated to or above the base flood elevation.

2.

In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified.

3.

In an A zone, without BFE's specified on the FIRM [unnumbered A zone], elevated to or above the base flood elevation, as determined under subsection 110.80.140(3).

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 by a registered civil engineer 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 subsection 110.80.170(3)a., or:

1.

Be floodproofed, together with the attendant utility and sanitary facilities, below the elevation recommended under subsection 110.80.170(3)a., so that the structure is watertight with walls substantially impermeable to the passage of water;

2.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

3.

Be certified by a registered civil engineer or architect that the standards of this subsection 110.80.170(3)b.1. and 2. are satisfied. Such certification shall be provided to the floodplain administrator.

c.

Flood openings. All new construction and substantial improvement 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 requirement must meet the following minimum criteria:

1.

For non-engineered openings:

(i)

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;

(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 coverings or devices provided that they permit the automatic entry and exit of floodwater 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

2.

Be certified by a registered civil engineer or architect.

d.

Manufactured homes. See section 110.80.200.

e.

Garages and low cost accessory structures.

1.

Attached garages.

(i)

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 water. See subsection 110.80.170(3)c. Areas of the garage below the BFE must be constructed with flood resistant materials. See subsection 110.80.170(2).

(ii)

A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.

2.

Detached garages and accessory structures.

(i)

"Accessory structures" used solely for parking (two car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in section 110.80.050 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;

C.

The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;

D.

Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;

E.

The accessory structure must comply with floodplain encroachment provisions in section 110.80.220; and

F.

The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with subsection 110.80.170(3)c.

(ii)

Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in section 110.80.170.

(Ord. No. 2013-03, § 1, 3-27-2013)

Sec. 110.80.180. - Standards for utilities.

(a)

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate the following:

(1)

Infiltration of flood waters into the systems, and

(2)

Discharge from the systems into flood waters.

(b)

On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

(Ord. No. 2013-03, § 1, 3-27-2013)

Sec. 110.80.190. - Standards for subdivisions and other proposed development.

(a)

All new subdivision proposal and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or five acres, whichever is the lesser, shall:

(1)

Identify the special flood hazard areas (SFHA) and base flood elevations (BFE).

(2)

Identify the elevations of lowest floors of all proposed structures and pads on the final plans.

(3)

If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a letter of map revision based on fill (LOMR-F) to the floodplain administrator:

a.

Lowest floor elevation.

b.

Pad elevation.

c.

Lowest adjacent grade.

(b)

All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

(c)

All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(d)

All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.

(Ord. No. 2013-03, § 1, 3-27-2013)

Sec. 110.80.200. - Standards for manufactured homes.

(a)

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 A1-30, 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.

(b)

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH and AE, on the community's flood insurance rate map that are not subject to the provisions of section 110.80.200(a) will be securely fastened to an adequately anchored foundation system to resist flotation collapse, and lateral movement and be elevated so that either the:

(1)

Lowest floor of the manufactured home is at or above the base flood elevation; 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.

(Ord. No. 2013-03, § 1, 3-27-2013)

Sec. 110.80.210. - Standards for recreational vehicles.

All recreational vehicles placed on sites within zones A1-30, AH and AE on the community's flood insurance rate map shall 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 110.80.150 and the elevation and anchoring requirements for manufactured homes in subsection 110.80.200(a).

(Ord. No. 2013-03, § 1, 3-27-2013)

Sec. 110.80.220. - Floodways.

Since a floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(1)

Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one-foot at any point within the city.

(2)

Within an adopted regulatory floodway, the city shall prohibit encroachments, including fill, new constriction, 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) are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of sections 110.80.170—110.80.220.

(Ord. No. 2013-03, § 1, 3-27-2013)