HomeMy WebLinkAbout06/07/1994, 6 - APPEAL OF ABATEMENT REQUIREMENT FOR AN ILLEGAL ROOM CONVERSION WITHIN A SPECIAL FLOOD HAZARD ZONE AT 280 ALMOND DRIVE. (JIM DEE,APPELLANT) I,IIIA���II�IIIIIII'I Ilul�l MEETING DATE:
II I�III��=IIII'ul
cityofsan pais osispo June 7, 1994
COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: `! '.l
Michael D. McCluskey, Public Works Director
PREPARED BY:
Gerald W. Kenny, Supervising Civil Engineer
SUBJECT:
Appeal of abatement requirement for an illegal room conversion within a special flood hazard
zone at 280 Almond Drive. (Jiro Dee, appellant)
CAO RECOMMENDATION:
Adopt resolution denying appeal for a variance to allow an illegal room conversion to remain
in violation of the City's Flood Damage Prevention Regulations (Flood Ordinance).
DISCUSSION:
The property owner obtained a building permit for the remodel of an existing single-family structure
at 280 Almond Drive in 1993. The remodel was finalized in September of 1993. The property backs
up to Old Garden Creek, between Center and Mission Streets and the rear portion of the lot is
within a."100-yr storm flood plain". The original plans provided for a 2-story addition/remodel as
it relates to Almond Drive and also included an enclosed room under the house (basement), which
is not allowed under the City's Flood Ordinance, unless the finished floor is at least 1 ft. above the
100-year storm elevation. This room is subject to 6.5 ft. deep flood waters during a 100-year storm
The subject illegal room was specifically denied and deleted from the approved plans and building
permit. Although the owner claims this is only a "storage room", the Flood Ordinance provides for
only "unfinished" enclosures as storage areas. "Floodproofing" of new or "substantially remodeled"
residential structures is not allowed under City and FEMA regulations. (This project was a
substantial remodel) However, a fully-finished "storage room" allows for "easy conversion' to other
uses at some time in the future by an owner (as in this case) and is a possible "life-threatening',
health and safety issue.
In order to make the room compliant as a "storage area" (subject to a building permit), the carpet,
drywall, electrical outlets, bathroom fixtures, sliding glass door and window and all other "non-flood-
resistant" materials must be removed. Only an"unfinished" storage area may be approved under the
above-mentioned regulations. Staff has discussed this matter with a FEMA representative (Henry
Chau) who concurs with City staffs interpretation of City and Federal regulations.
The appellant is requesting a 'variance" from the City's Flood Ordinance to allow the room to
remain as constructed. Although the owner knew this room was an illegal enclosure and was deleted
from the approved plans, he chose to construct the room anyway. According to the appellant, the
room is used to "store"musical instruments, together with heating, electrical and plumbing facilities.
For all intents and purposes, it is like any other habitable area and clearly not a "storage" room.
Staff became aware of the room during a field investigation along Old Garden Creek.
^����i �11111�1Iin=��111 city of San WIS OBISpo
COUNCIL AGENDA REPORT
Flood Ordinance Appeal (280 Almond Dr.)
Meeting of June 7, 1994
Page two
The Flood Ordinance (Section 17.84.140) provides for the City Council to hear and decide appeals
and requests for variances from the regulations ... "when it is alleged there is an error in any
requirement, decision or determination made by the City Engineer in the enforcement or
administration of this chapter". (See the attached MC Section 17.84.140)
Staff recommends denial of the appeal for a variance and that the owner be required to remove all
"prohibited improvements", including the sliding glass door and window. Approval of the appeal may
lead to future criticism by the Federal Emergency Management Agency and/or the right to provide
flood insurance benefits for City residents.
CONCURRENCES:
The Community Development Director, Chief Building Official and City Attorney concur with the
recommended action.
FISCAL IMPACT: No direct fiscal impact on the City.
Attachments:
1 - Draft resolution denying appeal
2 - Vicinity Map
3 - Building plans
4 - Excerpts from Flood Ordinance
5 - Copy of Appeal
G:\...\FEMA\280Almnd.APP
RESOLUTION NO. (1994 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL FOR A VARIANCE FROM THE CITY'S FLOOD DAMAGE
PREVENTION REGULATIONS TO ALLOW A FINISHED ROOM BELOW THE BASE
FLOOD ELEVATION AT 280 ALMOND DRIVE.
WHEREAS, an appeal has been filed by the property owner (Jim Dee) (hereinafter
called"Owner") of the City Engineer's decision to not authorize a building permit for a new
room at 280 Almond Drive that has been constructed "below the base flood elevation" , and
WHEREAS, the City's Flood Damage Prevention Regulations (Flood Ordinance)
Section 17.84.160 (A) requires all new and substantial remodels of existing structures
(including basements) to have the finished floor at least one foot above the base flood
elevation, and
WHEREAS, the finished floor of said room is approximately 6.5 feet below the base
flood level of Elevation 209 and is considered by the City Engineer and the Building Official
to be an "improved room" based on having electrical fixtures, plumbing fixtures, carpeting,
heating, drywall, sliding glass door and window, and
WHEREAS, the City Council held a public hearing June 7, 1994 on the appeal
requesting a variance and considered those items it is bound to consider under Section
17.84.140 of the Municipal Code and other appropriate provisions of the Flood Ordinance.
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
G-3
Resolution No. (1994 Series)
Page two
SECTION 1. This Council finds that:
(a) Owner has not shown sufficient cause for a variance from the City's Flood Ordinance
to be approved in order to allow an existing finished room below the base flood elevation,
considering the provisions of Section 17.84.140. and the appeal is hereby denied.
(b) Owner shall remove all drywall, carpeting, plumbing fixtures, electrical fixtures, sliding
glass door and window and any other non-floodresistant improvements that are prohibited
under the Flood Ordinance.
On motion of seconded by and on the following roll call
vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of . 1994.
Mayor Peg Pinard
City Clerk Diane Gladwell
APPROVED:
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G:\...\FEMA\280A1mnd.APP
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city0f. san WISOBISPO
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100
APPEAL TO CITY COUNCIL
In accordance with the appeals procedure as authorized by Title I, Chapter 1.20 of the San Luis Obispo
Municipal Code,the undersigned herebyappealsfrom thedecislon of
rendered on - which decision consisted of the following (Le. set forth factual
situation and the grounds for submitting this appeal. Use additional sheets as needed):
- i
The undersigned discussed the.decision being appealed with:
on
DATE&TIME APPEAL RECENED: Appellant:
NamefrWe
I VE
Representative
MAY 1 2 1994 /
.dress
rnY CLERK
Krone
Original to City Clerk
City Attorney
Caiendared for. . Copy to Administrative Officer
-- . _ Copy to the,following department(s):
17.82.150-17.84.010
F. Storage. . ch dwelling unit shall have Chapter 17.84
provision for at Ieast two hundred cubic feet ofd '
\shal
sed, weatherproof and lockable priva FLOOD DAMAGE PREVENTION
ge space, exclusive of cabinets and closets REGULATIONS
rage
the unit. This space shall be for the stole
f the unit owner. The minimum opening
Sections:
be two and one-half feet by four feet and the 17.84.010 Purpose.
mini um height shall be four feet. 17.84.020 Methods and provisions for
G. undry Facilities.A laundry area all be reducing flood losses.
provid in each unit, or in common laundry 17.84.030 Definitions.
space. C mon facilities shall consist _f at least 17.84.040 Applicability.
one wash and and dryer for each ten un' s or frac- 17.84.050 Basis for establishing the area
tion there
a of special flood hazard.
H. Ener Conservation. Solar wAter heating 17.84.060 Areas of special flood hazard
shall be provided for each unit, an appropriate and their insurance criteria.
easements shall be provided for an
loca- 17.84.070 Source of designations and local
tions. Tenants, shall not be prohibited from exceptions.
installing clotheslines in private open areas 17.84.080 Compliance.
which are substantially screenid from common 17.84.085 Abrogation and greater
view. (Ord. 984 2 (part), 683: prior code § restrictions.
9854.1) 17.84.090 Interpretation.
17.84.100 Warning and disclaimer of
17.82.150 Exceptionst� property liability.
improve'I t standards. 17.84.105 Severability.
Upon request by a st�divider,the council may 17.84.110 Development permit—
approve exceptions o property improvement Required—Information
standards for new 'r donversion projects. The required.
nature of the excep�on shall be described in pub- 17.84.120 Development permit—City
lic notices for co °cil hearing on the condomin- engineer's authority to grant or
ium map. The uncil may act on the request deny.
only after a p tic hearing. In order to approve 17.84.130 Duties and responsibilities of
an exception,the council must find that: city engineer.
A. Ther. are circumstances of the site,such as 17.84.140 Variance procedure.
size, shapXr topography, distinct from land in 17.84.150 General standards for flood
th/B. he
zoning, or compliance would not be hazard reduction.
precause of the locati6n or site design; 17.84.160 Special standards.
variance will not constitute a grant of17.84.170 Floodways—Applicable
spivilege; an entitlement inconsistent provisions.
wimitations upon other pFoperties in the
v,"/inity with the same zoning; anc#� 17.84.010 Purpose.
C. No feasible alternative to authorizing the It is the purpose of this chapter to promote the
exception would satisfy the intent ofcity policies public health, safety and general welfare, and to
and regulations. (Ord. 1052§2, 19M.Ord. 984§ minimize public and private losses due to flood
2 (part), 1983: prior code § 9855) conditions in spec areas by provisions desig-
nated:
A. To protect human life and health;
519 (San Luis Obispo"-88)
17.84.020-17.84.030
B. To minimize expenditure of public money 17.84.030 Definitions. .
for costly flood-control projects; The following words and phrases whenever
C. To minimize the need for rescue and relief used in this chapter shall be construed as defined
efforts associated with flooding and generally in this section:
undertaken at the expense of the general public; A. "Appeal' means a request for a review of
D. To minimize prolonged business interrup- the city engineer's interpretation of any provi-
tions; sion of this chapter or a request for a variance.
E. To minimize damage to public facilities B. "Area of shallow flooding" means a desig-
and utilities such as water and gas mains,electric, nated AO zone on the Flood Insurance Rate Map
telephone and sewer lines, streets and bridges (FIRM).The base flood depths range from one to
located in areas of special flood hazard; three feet; a clearly defined channel does not
F. To help maintain a stable tax base by exist; the path of flooding is unpredictable and
providing for the second use and development of indeterminate.
areas of special flood hazard so as to minimize C. "Area of special flood hazard" means the
future flood blight areas; land in the floodplain within a community sub-
G. To ensure that potential buyers are noti- ject to a one percent or greater chance of flooding
fled that property is in an area of special flood in any given year.
hazard; and D. "Base flood"or"one-hundred-year flood"
07 H. To ensure that those who occupy the areas means the flood having a one percent chance of
of special flood hazard assume responsibility for being equaled or exceeded in any given year.
their actions. (Prior code § 9800) E. "Development" means any man-made
change to improved or unimproved real estate,
17.84.020 Methods and provisions for including, but not limited to, buildings or other
reducing flood losses. structures, mining, dredging, filling, grading,
In order to accomplish its purposes,this chap- paving, excavation or drilling operations Iocated
ter includes methods and provisions for within the area of special flood hazard
A. Restricting or prohibiting uses which are F. "Five-hundred-year flood" means the
dangerous to health, safety and property due to flood having a two-tenths percent chance of
water or erosion hazards, or which result in being equaled or exceeded in any given year.
damaging increases in erosion or in flood heights G. "Flood" or "flooding" means a general
or velocities; and temporary condition of partial or complete
B. Requiring that uses vulnerable to floods, inundation of normally dry land areas from:
including facilities which serve such uses,be pro- 1. Overflow of inland waters; and/or
tected against flood damage at the time of initial 2. The unusual and rapid accumulation or
construction; runoff of surface waters from anv source.
C. Controlling the alteration of natural H. "Flood Boundary and Floodway Map"
floodplain,stream channels and natural protec- means the official map on which the Federal
tive barriers, which help accommodate or chan- Emergency Management Agency(Federal Insur-
nel floodwaters; ance Administration) has delineated both the
D. Controlling filling, grading, dredging and areas of flood hazard and the floodway.
other development which may increase flood I. "Flood Insurance Rate Map (FIRM)"
damage;and means the official map on which the Federal
E. Preventing or regulating the construction Insurance .Administration has delineated both
of flood barriers which will unnaturally divert the areas of special flood hazards and the risk
floodwaters or which may increase flood hazards premium zones applicable to the community.
in other areas. (Prior code § 9801)
(San Luis Obispo 7-881 520
17.84.030
y "Flood Insurance Study"means the official area, is not considered a building's lowest floor,
report provided in which the Federal Insurance provided that such enclosure is not built so as to
Administration has provided flood profiles, as render the structure in violation of the applicable
well as the Flood Hazard Boundary-Floodway non-elevation design requirements of this chap-
Map and the water surface elevation of the base ter.
flood. R. "Manufactured home"means a structure,
K. "Floodplain" or "flood-prone area" transportable in one or more sections, which is
means any land area susceptible to being inun- built on a permanent chassis and is designed for
dated by water from any source(see definition of use with or without a permanent foundation
"flooding"). when connected to the required utilities. For
L. "Floodplain management" means the floodplain management purposes the term
operation ofan overall program ofcorrective and "manufactured home" also includes park trail-
preventive measures for reducing flood damage, ers, travel trailers and other similar vehicles
including but not limited to emergency pre- placed on a site for greater than one hundred
paredness plans, flood control works and eighty consecutive days. For insurance purposes
floodplain management regulations: the term"manufactured home"does not include
M. "Floodplain management regulations" park trailers, travel trailers and other similar
means zoning ordinances, subdivision regula- vehicles.
tions,building codes,health regulations,special- S. "Manufactured home park orsubdivision"
purpose ordinances (such as floodplain ordi- means a parcel (or contiguous parcels) of land
nance, grading ordinance) and other applica- divided into two or more manufactured home
tions of police power. The term describes such lots for rent or sale.
state or local regulations in any combination T. "Mean sea level" means, for purposes of
thereof,which provide standards for the purpose the National Flood Insurance Program, the
of flood damage prevention and reduction. National Geodetic Vertical Datum (NGVD) of
N. "Floodproofrng" means anv combination 1929 or other datum, to which base flood eleva-
of structural and nonstructural additions, tions shown on a community's Flood Insurance
changes, or adjustments to structures which Rate Map are referenced.
reduce or eliminate flood damage to real estate or U. "New construction" means structures for
improved real property,water and sanitary facili- which the start of construction commenced on
ties, structures and their contents. or after the effective date of the ordinance cod-
O. "Floodway" means the channel of a river ified in this chapter.
or other watercourse and the adjacent land areas V. "One-hundred-year flood" means a flood
that must be reserved in order to discharge the which has a one percent annual probability of
base flood without cumulatively increasing the being equaled or exceeded. It is identical to the
water surface elevation more than one foot max- "base flood," which will be the term used
imum. throughout this chapter.
P. "Highest adjacent grade" means the high- W. "Person" means an individual or his
est natural elevation of the ground surface prior agent, firm, partnership,association or corpora-
to construction next to the proposed walls of a tion, or agent of the aforementioned groups, or
structure• this state or its agencies or political subdivisions.
Q. "Lowest floor" means the lowest floor of X. "Remedy a violation" means to bring the
the lowest enclosed area (including basement). structure or other development into compliance
An unfinished or flood-resistant enclosure, with state or local floodplain management reg-
usable solely for parking of vehicles, building ulations. or, if this is not possible, to reduce the
access or storge,in an area other than a basement impacts of its noncompliance.Ways that impacts
521 (San Luis Obispo'-881
Z2
17.84.040-17.84.050
may be reduced include protecting the structure or,if the structure has been damaged and is being
or other affected development from flood restored, before the damage occurred.
damages, implementing the enforcement provi- For the purposes of this definition,substantial
sions of this chapter or otherwise deterring future improvement is considered to occur when the
similar violations, or reducing federal financial first alteration of any wall, ceiling, floor or other
exposure with regard to the structure or other structural part of the building commences,
development. whether or not that alteration affects the external
Y. "Riverine" means relating to, formed by, dimensions of the structure. The term shall not,
or resembling a river (including tributaries), however, include either.
stream, brook, etc. 1. Any project for improvement of a structure
Z. "Special flood hazard area (SFHA)" to comply with existing state or local health,
means an area having special flood hazards and sanitary or safety code specifications which are
shown on an FHBM or FIRM as zone A,AO,Al solely necessary to assure safe living conditions;
—30, AE, A99 or AH. or
AA. "Start of construction" means and 2. Any alteration of a structure listed on the
includes substantial improvement, and means National Register of Historic Places,listed on the
the date the building permit was issued,provided State Inventory of Historic Places or listed on the
the actual start of construction, repair, recon- city historical and architectural element of the
struction, placement or other improvement was general plan.
within one hundred days of the permit date.The DD. "Variance" means a grant of relief from j
actual start means either the first placement of the requirements of this chapter which permits
permanent construction of a structure on a site, construction in a manner that would otherwise
such as the pouring of slab or footings, the be prohibited by this chapter.
installation of piles,the construction of columns, EE. "Violation" means the failure of a struc-
or any work beyond the stage of excavation; or ture or other development to be fully compliantx. - •�,
the placement of a manufactured home on a with the community's floodplain management
foundation. Permanent construction does not regulations. A structure or other development
include land preparation, such as clearing, grad- without the elevation certificate, other certifica-
ing and filling;nor does it include the installation tions, or other evidence of compliance required
of meets and/or walkways; nor does it include in this chapter is presumed to be in violation
excavation for a basement, footings, piers or until such time as that documentation is pro-
foundations or the erection of temporary forms; vided. (Ord. 1093 §§ 1 (part), 2 (part), 3 (part),
nor does it include the installation on the prop- 1987; prior code§ 9802)
erty of accessory buildings, such as garages or
sheds not occupied as dwelling units or not part 17.84.040 Applicability.
of the main structure. This chapter shall apply to all areas of special
BB. "Structure" means a walled and roofed flood hazards within the jurisdiction of the city.
building, including a gas or liquid storage tank, (Prior code§ 9803)
that is principally above ground, as well as a
manufactured home. 17.84.050 Basis for establishing the area of
CC. Substantial improvement" means any special flood hazard.
repair, reconstruction or improvement of a A. The areas of special flood hazards are iden-
structure, the cost (cumulatively, within any tified by the Flood Insurance Administration of
two-year period)of which equals or exceeds fifty the Federal Emergency Management Agency in a
percent of the market value of the structure scientific and engineering report entitled "The
either before the improvement or repair is begun, Flood Insurance Study for the City of San Luis
(San Luis Obispo 7-88) 522 on,
ed vxAwA '�.�.
17.84.060-17.84.080
Obispo, California," with accompanying Flood zones shall have all residential structures'
Insurance Rate Maps. That report is hereby finished first floor elevation raised a minimum of
adopted by reference and declared to be a part of one foot above the one-hundred-year flood ele-
these regulations. The Flood Insurance Study is vation.
on file in the office of the city engineer,990 Palm Nonresidential areas may either have finished
Street, San Luis Obispo, California, is available first floor elevations raised a minimum of one
for inspection during regular business hours,and foot above the one-hundred-year flood elevation
may be amended from time to time by resolution or floodproofed a minimum of one foot above
of the council.`National Geodetic Vertical the one-hundred-year flood elevation.
Datum of 1929 is the basis for the elevations in C. B Zones or X Zone (shaded): Areas
the report. between limits of one-hundred-year flooding
B. This flood insurance report is the mini- and five-hundred-year flooding; areas of one-
mum area of applicability of these regulations hundred-year shallow flooding where depths are
and may be supplemented by studies for other less than one foot. No flood insurance is
areas which allow implementation of these reg- required, but all projects within this zone must
ulations and which are recommended to the city be reviewed by the engineering division to deter-
council by the city engineer(Ord- 1093§2(part), mine whether proposed finished first floor eleva-
1987: prior code § 9804) tion is above one-hundred-year flooding
elevations.
17.84.060 Areas of special flood hazard and D. C Zones or X Zone(unshaded):Areas out-
their insurance criteria. side of five-hundred-year flooding. No flood
Areas of special flood hazard and their flood insurance or staff review for finished first floor
insurance criteria are defined as follows: slab height is required. (Ord. 1093 § 2 (part),
A. .AO Zones: Areas of one-hundred-year 1987; prior code § 9805)
shallow flooding;flood depth of one to three feet;
product of flood depth(in feet)and velocity(feet 17.84.070 Source of designations and local
per second) less than fifteen. Areas of shallow exceptions.
flooding with depths from one foot to three feet A. All one-hundred-year flooding and build-
will be designated as an AO Zone with depth ing elevations as referred to in Section 17.84.060,
rounded off to the nearest foot, i.e., one, two or are based on the Flood Insurance Study done by
three feet. the Corps of Engineers for the Federal Emer-
In the AO zone, for floodplain management gency Management Agency — Federal Insur-
purposes, the lowest floor (including basement) ance Administration as cited in Section
of new residential structures shall be one foot 17.84.050.
above the flood elevation determination by B. Local experience and historical data shall
adding the elevation of the highest point on the take precedence in all zones where there may be
ground next to the building to the depth number localized flooding that is not shown on the Flood
specified by the zone designation. For nonresi- Insurance Study cited in Section 17.84.050.
dential structures, the lowest floor (including (Ord. 1093 § 2 (part), 1987;prior code § 9806)
basement) must be floodproofed or raised one
foot above the flood elevation determined in the 17.84.080 Compliance.
same manner as described for residential struc- No structure or land grading shall hereafter be <_
tures. constructed, located, extended, converted or
B. A Zones(A-1 to A-30,or AE):Areas of one- altered without full compliance with the terms of
hundred-year flooding;base flood elevations and this chapter and other applicable regulations.
flood hazard factors have been determined. A Violations of the provisions of these regulations
523 (San Luis Obispo r-as)
17.84.085-17.84.110
by failure to comply with any of its requirements decision lawfully made thereunder.(Prior code§
(including violations of conditions and safe- 9809)
guards established in connection with condi-
tions) shall constitute a misdemeanor. Nothing 17.84.105 Severability.
herein shall prevent the city from taking such These regulations and the various parts
lawful action as is necessary to prevent or remedy thereof are declared to be severable. Should any
any violation. (Ord. 1093 § 2 (part), 1987: prior section of this chapter be declared by the courts
code§ 9807) to be unconstitutional or invalid, such decision
shall not affect the validity of the chapter as a
17.84.085 Abrogation and greater whole, or any portion thereof other than the
restrictions. section so declared to be unconstitutional or
These regulations are not intended to repeal, invalid. (Ord. 1093 § 3 (part), 1987)
abrogate or impair any existing easements,cove-
nants or deed restrictions. However, where this 17.84.110 Development permit—Required—
chapter and another ordinance, easement,cove- Information required.
nant or deed restriction conflict or overlap, A development permit shall be obtained
whichever imposes the more stringent before construction or development begins
restrictions shall prevail. (Ord. 1093 § 3 (part), within any area of special flood hazard estab-
1987) lished in Section 17.84.060. Application for a
development permit shall be made on forms fur-
17.84.090 Interpretation. nished by the community development depart-
In the interpretation and application of this ment, and may include, but not be limited to,
chapter, all provisions shall be: plans, in duplicate, drawn to scale, showing the
A. Considered as minimum requirements; nature, location, dimensions and elevations of
B. Liberally construed in favor of the govern- the area in question; existing or proposed struc-
ing body;and tures,fill,storage of materials,drainage facilities;
C. Deemed neither to limit nor repeal any and the location of the foregoing. Specifically,
other powers granted under state statutes. (Prior the following information is required:
code§ 9808) A. Elevation in relation to mean sea level,
using 1929 (NGVD), of the lowest floor(includ-
17.84.100 Warning and disclaimer of liability. ing basement)of all structures; in Zone AO, ele-
The degree of flood protection required by this vation of highest adjacent grade and proposed
chapter is considered reasonable for regulatory elevation of lowest floor of all structures.
purposes and is based on scientific and engineer- B. Elevation in relation to mean sea level,
ing considerations. Larger floods can and will using 1929(NGVD), to which any structure has
occur on rare occasions. Flood heights may be been floodproofed;
increased by man-made or natural causes. This C. Certification by a registered professional
chapter does not imply that land outside the area engineer or architect that the floodproofrng
of special flood hazards or uses permitted within methods for any nonresidential structure meet
such areas will be free from flooding or flood the floodproofing criteria in Section
damages. This chapter shall not create liability 17.84.16083;
on the part of the city, any officer or employee D. Description of the extent to which any
thereof, or the Federal Insurance Administra- watercourse will be altered or relocated as a result
tion, for any flood damages that result from of proposed development; and
reliance on this chapter or any administrative E. Plans for any walls to be used to enclose
space below the base flood level;
(San Luis Obispo 7-88) 524
/J
17.84.120-17.84.140
F. Prior to occupancy the city engineer shall C. Information to be Obtained and Main-
be supplied with written certification by a regis- twined:
tered land surveyor or civil engineer that the 1. Indicate base flood elevation;
lowest floor elevation or floodproofed elevation 2. Obtain and record the actual elevation (in
complies with this chapter. (Ord. 1093 § 2 (part), relation to mean sea level, 1929 NGVD) of the
1987;prior code § 9810) lowest habitable floor(including basement)of all
new or substantially improved structures;
17.84.120 Development permit—City 3. For all new or substantially improved
engineer's authority to grant or floodproofed structures:
deny. a. Verify and record the actual elevation (in
The city engineer is appointed to administer relation to mean sea level, 1929 NGVD); and
and implement this chapter by granting or deny- b. Maintain the floodproofing certifications
ing development permit applications in accord- required in Section 17.84.160B3;
ance with its provisions. (Prior code § 9811) 4. Maintain for public inspection all records
pertaining to the provisions of this chapter,
17.84.130 Duties and responsibilities of city D. Alteration of Watercourse:
engineer. 1. Notify adjacent communities and the Cal-
The duties of the city engineer shall include, ifornia State Department of Water Resources
but are not limited to: prior to any alteration or relocation of a water-
A. Permit Review: course,and submit evidence of such notification
1. Review all development permits to deter- to the Federal Insurance Administration;
mine that the permit requirements of this chap- 2. Require that maintenance is provided
ter have been satisfied; within the altered or relocated portion of the
2. Review all development permits to deter- watercourse so that the flood-carrying capacity is
mine that all building sites are reasonably safe not diminished;
from flooding, E. Interpretation of FIRM Boundaries: Make
3. Advise all applicants that other permits interpretations where needed, as to the exact
may be required from federal, state and local location of the boundaries of the areas of special
governmental agencies; flood hazards(for example, where there appears
4. Review all development permits in the area to be a conflict between a mapped boundary and
of special flood hazard to determine if the pro- actual field conditions). The person contesting
posed development adversely affects the flood- the location of the boundary shall be given a
carrying capacity of the area of special flood haz- reasonable opportunity to appeal the interpreta-
ard. For the purposes of this chapter, "adversely tion as provided in Section 17.84.140;
affects" means that the cumulative effect of the F. Take action to remedy violations of these
proposed development and other preceding regulations as specified in Section 17.84.080.
developments will be to increase the water-sur- (Ord. 1093 § 3 (part), 1987; prior code § 9812)
face elevation of the base flood more than one
foot at any point; 17.84.140 Variance procedure.
B. Use of Other Base Flood Data: When base A. Appeals.
flood elevation data has not been provided in 1. The council shall hear and decide appeals
accordance with Section 17.84.050, the city and requests for variances from the requirements
engineer shall obtain, review and reasonably uti- of this chapten
lize any base flood elevation data available from 2. The council shall hear and decide appeals
a federal,state or other source,in order to admin- when it is alleged there is an error in any require-
ister subsections A and B of Section 17.84.160; meat, decision or determination made by the
525 (San Luis Obispo 7-M
W/
17.84.140
}
city engineer in the enforcement or administra- the technical justification required for issuing the
r tion of this chapter. variance increases.
3. In passing upon such applications, the 5. Upon consideration of the factors of sub-
council shall consider all technical evaluations, division 3 of this subsection,and the purposes of
all relevant factors, including all possible this chapter, the council may attach such condi-
environmental impacts, standards specified in tions to the granting of variances as it deems
other sections of this chapter, and: necessary to further the purposes of this chapter.
a. The danger that materials may be swept 6. The city engineer shall maintain the
onto other lands to the injury of others; records of all appeal actions and report any vari-
b. The danger to life and property due to ances to the Federal Insurance Administration
flooding or erosion damage; upon request.
c. The susceptability of the proposed facility B. Conditions for Variances. 1
and its contents to flood damage and the effect of 1. Variances may be used for the reconstruc-
such damage on the individual owner, tion, rehabilitation or restoration of structures
d. The importance of the services provided by listed on the National Register of Historic Places,
the proposed facility to the community; the State Inventory of Historic Places, or the city
e. The necessity to the facility of a waterfront historical and architectural element of the gen-
location, where applicable; eral plan, without regard to the procedures set
f. The availability of alternative locations for forth in the remainder of this section.
the proposed use which are not subject to flood- 2. Variances shall not be issued within any
ing or erosion damage; designated floodway if any increase in flood lev-
g. The compatibility of the proposed use with els during the base flood discharge would result.
existing and anticipated development; 3. Variances shall only be issued upon a deter-
h. The relationship of the proposed use to the mination that the variance is the minimum nec-
general plan and floodplain management pro- essary, considering the flood hazard, to afford
gram of that area; relief.
i. The safety of access to the property in times 4. Variances shall be issued only upon:
of flood for ordinary and emergency vehicles; a. A showing of good and sufficient cause;
j. The expected heights, velocity, duration, b. A determination that failure to grant the
rate of rise and sediment transport of the flood- variance would result in exceptional hardship to
waters and the effects of wave action, if applica- the applicant; and
ble,expected at the site; and c. A determination that the granting of a vari-
k. The costs of providing governmental serv- ance will not result in increased flood heights,
ices during and after flood conditions, including additional threats to public safety, or extraordi-
maintenance and repair of public utilities and nary public expense, and will not create nui-
facilities such as sewer, gas, electrical and water sances, cause fraud on or victimization of the
systems, and streets and bridges. public, cause any environmental impact that
4. Generally,variances may be issued for new cannot be mitigated, or conflict with existing
construction and substantial improvements to local laws or ordinances.
be erected on a lot of one-half acre or less in size 5. Any applicant to whom a variance is
contiguous to and surrounded by lots with exist- granted shall be given written notice that the
ing structures constructed below the base flood structure will be permitted to be built with a
level,providing items a through k of subdivision lowest floor elevation below the base flood eleva-
3 of this subsection have been fully considered. tion and that.the cost of flood insurance will be
As the lot size increases beyond the one-half acre, commensuratewith the increased risk resulting
from the reduced lowest floor elevation.
(San Luis Obispo 7-88) 526
17.84.150-17.84.160
6. Variances may be issued for new construc- guide floodwaters around and away from pro-
tion and substantial improvements and for other posed structures.
development necessary for the conduct of a func- C. Utilities.
tionally dependent use provided that the provi- 1. All new and replacement water supply sys-
sions of subparagraphs 1 through 4 of this tems shall be designed to minimize or eliminate
subsection B are satisfied and that the structure infiltration of floodwaters into the system;
or other development is protected by methods 2. New and replacement sanitary sewage sys-
that minimize flood damages during the base tems shall be designed to minimize or eliminate
flood and create no additional threats to public infiltration of floodwaters into the systems and
safety. (Ord. 1093 § 2 (part), 1987; prior code § discharge from the system into floodwaters; and
9813) 3. On-site waste disposal systems shall be
located to avoid impairment to them or con-
17.84.150 General standards for flood hazard tamination from them during flooding.
reduction. D. Subdivision Proposals.
In all areas of special flood hazards the follow- 1. All subdivision proposals shall be consis-
ing standards are required: tent with the need to minimize flood damage;
A. Anchoring. 2. All subdivision proposals shall have public
I. All new construction,substantial improve- utilities and facilities such as sewer,gas,electrical
ments and storage of materials will be anchored and water systems located and constructed to
to prevent flotation, collapse or lateral move- minimize flood damage;
ment. Materials capable of displacement due to 3. All subdivision proposals shall have ade-
flooding (including dissolvables) may not be quate drainage provided to reduce exposure to
stored within A zones unless the site is flood damage; and
floodproofed or finished grade is raised to elimi- 4. Base flood elevation data shall be provided
nate flood hazards. for subdivision proposals and other proposed
2. The anchoring of manufactured homes development which contain at least fifty lots or
shall meet the anchoring standards of Section five acres, whichever is less.
17.84.160C. 5. All preliminary subdivision proposals shall
B. Construction Materials and Methods. identify the flood hazard area and the elevation.
-, 1. All new construction and substantial of the base flood.
improvements shall be constructed with mate- 6. All final subdivision plans will provide the
T rials and utility equipment resistant to flood elevation of proposed structure(s) and pads. If
damage. the site is filled above the base flood,the final pad
2. All new construction and substantial elevation shall be certified by a registered profes-
improvements shall be constructed using meth- sional engineer or surveyor and provided to the
ods and practices that minimize flood damage. city engineer. (Ord. 1093 §§ 2 (part), 3 (part),
3. All new construction and substantial 1987; prior code § 9814)
improvements shall be constructed with elec-
trical, heating, ventilation, plumbing and air 17.84.160 Special standards. V)le
conditioning equipment and other service facili- In all areas of special flood hazards where base
ties that are designed and/or located so as to flood data has been provided as set forth in Sec-
prevent water from entering or accumulating tion 17.84.130B or in Section 17.84.150 the fol-
within the components during conditions of lowing standards are required:
flooding. A. Residential Construction. New construc-
4. Within Zone AH or AO,adequate drainage tion and substantial improvement of any resi-
paths are required around structures on slopes to dential structure shall have the lowest floor,
527 �.� (San Luis 's
po'-88GOP obp� 1
r 77
17.84.170
JP including basement,elevated to at least one foot 4. Be certified by a registered professional
g above base elevation or at least one foot greater engineer or architect that the standards of this
than the depth number above the highest adja- subsection are satisfied. Such certification shall
cent grade in AO zones. be provided to the city engineer.
B. Nonresidential Construction. New con- C. Manufactured Homes. All new and
struction and substantial improvement of any replacement manufactured homes and additions
commercial, industrial or other nonresidential to manufactured homes shall:
structure shall either have the lowest floor, 1. Be elevated so that the lowest floor is at least
including baaement, elevated to one foot above one foot above the base flood elevation; and
the level ofthe base flood elevation or at least one 2. Be securely anchored to a permanent foun-
foot greater than the depth number above the dation system to resist flotation, collapse or lat-
highest adjacent grade in AO zones; or together eral movement.(Ord. 1093 §§ I (part),2(part), 3
with attendant utility and sanitary facilities, (part), 1987: prior code § 9815)
shall:
1. Be floodproofed to one foot above the base 17.84.170 Floodways—Applicable
flood level or at least one foot greater than the provisions.
depth number above the highest adjacent grade Located within area of special flood hazards
in AO zones so that the structure,including util- established in Section 17.84.060 are areas desig-
ities and plumbing facilities, is watertight with nated as floodways. Since the floodway is an
walls substantially impermeable to the pressure extremely hazardous area due to the velocity of
of water, floodwaters which carry debris, potential
2. Have structural components capable of projectiles and erosion potential, the following
resisting hydrostatic and hydrodynamic loads provisions apply:
and effects of buoyancy; A. Encroachments, including fill, new con-
3. Require, for all new construction and sub- struction, substantial improvements, and other
stantial improvements, that fully enclosed areas development are prohibited unless certification
below the lowest floor that are subject to flooding by a registered professional engineer is provided
shall be designed to automatically equalize demonstrating that encroachments shall not
hydrostatic flood forces on exterior walls by result in any increase in flood levels during the
allowing for the entry and exit of floodwaters. occurrence of the base flood discharge.
Designs for meeting this requirement must either B. If subsection A of this section is satisfied,
be certified by a registered professional engineer all new construction and substantial improve-
or architect or meet or exceed the following mini- ments shall comply with all applicable flood haz-
mum criteria: and reduction provisions of Sections 17.84.150
a. Either a minimum of two openings having and 17.84.160.
a total net area of not less than one square inch C. The placement of any manufactured home
for every square foot of enclosed area subject to is prohibited. (Ord. 1093 § 2 (part), 1987; prior
flooding shall be provided; the bottom of all code § 9816)
openings shall be no higher than one foot above
grade. Openings may be equipped with screens,
louvers,valves or other coverings or devices pro-
vided that they permit the automatic entry and
exit of floodwaters; or
b. Be certified to comply with a local
floodproofing standard approved by the Federal
'assurance Administration; and
Luis 0bisoo 7.881 528
ORDINANCE NO. 1259 (1994 series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING SECTIONS
17.84 .030, 17.84. 110, 17.84. 130 AND 17.84 . 160 OF THE MUNICIPAL CODE.
REGARDING FLOOD DA2.1AGE PREVENTION REGULATIONS
BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows: '
SECTION 1. Section 17.84. 030, paragraghs (I) , (J) and (CC) of
the Municipal Code of the City of San Luis Obispo are hereby
amended to read:
I. "Flood Insurance Rate Map (FIRM) " means the official
map, dated July 7, 1981, on which the Flood Insurance
Administration has delineated both the areas of special flood
hazards and the risk premiun zones applicable to the community.
J. "Flood Insurance Study" means the official report,
dated October 1978, revised July 7, 1981, provided in which the
Flood Insurance Administration has provided flood profiles, as well
as the Flood Hazard Boundary-F 1 oodway Map and the water surface
elevations of the base flood.
CC. "Substantial improvement" means any repair,
reconstruction or improvement of a structure, the cost
(cumulatively, within any five-year period) of which equals or
exceeds fifty percent of the market value of the structure either
before the improvement or repair is begun, or, if the structure has
been damaged and isbeing restored, before the damage occurred.
For the purposes of this definition, substantial improvement
is considered to occur when the first alteration of any wall,
ceiling, floor or other structural part of the building commences,
0-1259
401 ;20
Ordinance No. 1259 (1994 Series)
Page Two
whether or not that alteration affects the external dimensions of
the structure. The term shall not, however, include either:
1. Any project for improvement of a structure to comply
with existing state or local health, sanitary or safety code
specifications which are solely necessary to assure safe living
conditions; or,
2. Any alteration of a structure listed on the National
Register of Historic Places, listed on the State Inventory of
Historic places or listed on the City's Historical and
Architectural Element 'of the General Plan.
SECTION 2. Section 17. 8.4 . 110 is .hereby. amended.to add, paragraph._::_ ::
G. to read:
G. Subdividers and/or Developers shall apply for and cbtain
Letters of Kam Revisions from the Federal Emergency Management
Agency when physical changes constructed with developments affect
flooding conditions which would change special flood hazard zones.
SECTION 3. Section 17.84 . 130, paragraph C. 2 . , is hereby amended
to read:
C.2. Obtain and record the actual elevation (in relation to
mean sea level, 1929 NGVD) of the lowest floor (including basement)
of all new or substantially improved structures;
SECTION 4. Section 17.84.160 is hereby amended to read:
A. New construction and substantial improvement of any
structure shall have the lowest floor, including basement, elevated
Ordinance No. 1259 (1994 Series)
Page Three
to at least one foot above the level of the base flood elevation,
or, at least one foot greater than the depth number above the
highest adjacent grade in P.O Zones.
B. EXCEPTION: The City Engineer may allow commercial,
industrial or other non-residential structures to be 'If loodproofed"
in developed areas, when elevating the lowest floor above the base
flood elevation is not feasible and/or the surrounding developments
are not built above the base flood elevation, together with the
attendant utility and sanitary facilities, and shall meet the
following conditions:
1:^•- Be floodproofed to""one- foot above- the-. base.: flood-' level;" or.
at least one foot greater than the depth number above the highest
adjacent grade in AO Zones, so that the structure, including
utilities and plumbing facilities, is watertight with walls
substantially impermeable to the pressure of water.
2. have structural components capable of resisting hydrostatic
and hydrodynamic loads and buoyancy; and
3 . Require for all• new construction and substantial improve-
ments, that fully enclosed areas below the lowest floor that are
subject to flooding shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the-
entry
heentry and exit of floodwaters. Designs for meeting this require-
ment must either be certified by a registered professional engineer
or architect, or meet or exceed the following minimum criteria:
Ordinance No. 1259 (1994 Series)
Page Four
a. Either a minimum of two openings having a total net area
of not less than one square inch for every square foot of
enclosed area subject to flooding shall be provided, the
bottom of all openings shall be no higher than one foot above
grade. Openings maybe equipped with screens, louvers, valves
or other devises provided that they permit the automatic entry
and exit of floodwaters; or
b. Be certified to comply with a local floodproofing standard
approved by the Federal Insurance Administration.
4 . Be certified by a registered professional engineer or
architect that the standards of this subsection are satisfied.
Such` certification shall be- provided- to: the City- Engineer:. •.
C. Manufactured Homes.
1. All new and replacement manufactured homes and additions to
manufactures homes shall:
A. Be elevated so that the lowest floor is at least one foot
above the based flood elevation; and
B. Be securely anchored to a permanent foundation system to
resist flotation, collapse or lateral movement.
SECTION S. A summary of- this ordinance,' approved by the City
Attorney, together with the ayes and noes, shall be published at
least five (5) days prior to its final passage in the Telegram-
Tribune, a newspaper published and circulated in said city, • and the
same shall go into effect at the expiration of thirty (30) days
Ordinance No-1259 (1994 Series)
Page Five
after its said final passage. A copy of the full text of this
ordinance shall be on file in the office of the City Clerk on
and after the date following introduction and passage to print and
shall be available to any interested member of the public.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San
Luis Obispo at a meeting held on the 15th day of March , 1994 .
On motion of Roalman , seconded by
Romero , and on the following roll call vote--
AYES: Council Members Roalman, Romero, Rappa, and Settle
= NOES::. ::. : !;a}•or' Pin2rd -.-
ABSENT: None
r
(214
MAYOR PegOPinard
ATTEST:
Y CLEAK ' Dilahe G a wel
APPROVED AS TO FORM:
i A or ey
e:�.�a�ooaarq.o-a
I
Cl Of- SAn WIS OBISPO '
990 Palm Street/ oat Otfica Box 8100 San Lula Obispo,CA 93403-8100
APPEAL TO CITY COUNCIL
In accordance with the appeals procedure as authorized by Title I, Chapter 1.20 of the San Luis Obispo
Municipal Code,the undersigned herebyappeais from the decision of b1l _ uRICa �E rr 2 KEn�AJC"�
rendered on 5-� 'q'T which decision consisted of the following (I.e. set forth factual
situation and the grounds for submitting this appeal. Use additional sheets as needed):
96MoVAL OF dlc qG� .Q/LER .
The'/undersigned discussed the.declsion being appealed with:
dkz,AW uLq on S�1i�9 7
DATE&TIME APPEAL RECEIVED- Appellant:
JJM .✓EE
NamefrWe
G I VE
Representative
MAY 1 2 1"4� 280 �A4�d
//:a 41AM ress
CrrY CLERK
Mone
Original to City Clerk
City Attorney
Calendared for. Copy to Administrative Officer
CoPY to the /or)I winC department(s):
ATTACHMENT 5 ..
ML- AG AGENDA
DATE 6-7- 9y ITEM #
CATY CLERK
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ATTORNEY ❑ PW DIR
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