I sent a letter to the RSF Post a few weeks ago indicating my concern about flooding by the San Dieguito River, or otherwise, of the proposed Silvergate RSF project on Calzada del Bosque.
Due to my concern about the Lake Hodges Dam and its precarious, unstable condition, I decided to further research the issue with FEMA (Federal Emergency Management Agency) and the San Diego County Flood Control District (SDCFCD), which has a “Flood Damage Prevention Ordinance.”
Forty Years Out of Date
In excess of 22% of the land owned by Silvergate RSF is clearly in Zone A — a flood area, according to both FEMA and SDCFCD maps. The rest of the site is not designated, presumably because the maps are over 40 years out of date. As previously indicated, the new Lake Hodges Dam is not slated for commencement of construction until 2029 and is not expected to be finished until around 2034.
In speaking with the folks at FEMA and SDCFCD, and reviewing the maps, I ascertained that the SDCFCD’s map was last updated in 1984 and FEMA’s “Special Flood Hazard” map goes back to 1979.
The State of California has rated Hodges Dam as “unsatisfactory,” which is the worst possible rating. Also, since the dates of the outdated maps, from the mouth of the San Dieguito River all the way to the El Camino Real Bridge, this area has been excavated to allow the flow of ocean water miles inland.
No Notification
“The San Diego Flood Damage Ordinance” clearly states in Paragraph 811.101, “Findings of Fact,” sub paragraph (b) “flood losses are caused by the cumulative effect of obstructions, in areas of special flood hazards which increase flood height and velocities, and when inadequately, anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage also contribute to flood loss.” (The loss of Hodges Dam and increased ocean flooding fit this description). The ordinance goes on to state additional requirements, including:
- A. Buyers must be notified that the property they are looking at is in an area of “Flood Hazard.”
- B. Those who occupy the area of “Special Flood Hazard” assume responsibility for their actions, or lack thereof.
Silvergate has been marketing their proposed project with no notification to anyone relating to this ordinance. While Silvergate RSF involves rentals, by analogy, the rules should apply to the owner of the property, Silvergate RSF.
Flood Plain or Flood Prone
Additionally, the San Diego ordinance, with these known issues, requires a “Conditional Letter of Map Revision” to be prepared. This requires a “Flood Boundary & Flooding” updated map to be prepared as the official map on which FEMA or the Federal Insurance Administration has delineated as Special Flood Hazards and Floodways, which would be considered when evaluating the Silvergate project.
The terms “Flood Plain” or “Flood Prone” area is defined as any land area adjacent to a water course susceptible to being inundated by water from any source (ocean, stream, or river). I hired a local civil engineering firm to give me an accurate contour map of the Silvergate property. The 22% portion shown on the 1984 County Flood map as Zone A is a ground level of between 36’ and 37’ of elevation. The balance of the property is at a ground level between 36’ and 39’ of elevation, which is the high point. This small difference points out Silvergate needs to apply to San Diego County PDS (Planning Development Services) to get an updated Flood map where the County will be taking into consideration the issues stated herein above. It would not be surprising when the new map is completed to find that the entire Silvergate property is within the flood plain.
Waste of Time
I have been a commercial real estate developer for over 60 years. In every jurisdiction I have worked, including working with cities, counties and the federal government, I have always, before trying to obtain a permit for whatever I was proposing to build, been required to bring to the table up-to-date information on soils, flood, environment, or density. Why is that not being required in Rancho Santa Fe? Silvergate has submitted a plan for a property that has no updated information needed from FEMA or the County of San Diego where the data is over 40 years old.
My question for the RSFA Board and the Art Jury is: Why would the Directors/Art Jury want to waste time reviewing any project that doesn’t have up-to-date documentation by either FEMA and/or SDCFCD and where a huge underground garage is proposed to be built?
Potential Liability to RSFA Members
Of greatest concern is the potential liability to the RSFA members and its Board of Directors, if simple requirements of obtaining an updated FEMA and County of San Diego assessment have not been completed prior to the project proceeding before the Art Jury or the Board. Also of concern, is what is the depth of the water table? When one is building a massive underground garage in a flood zone area, this is also a question that needs to be answered before proceeding.
Dick Clotfelter is a longtime Covenant member.