HomeMy WebLinkAbout07/18/2006, PH2 - FLOOD ORDINANCE REVISION "A Council M.�`D�July 18, 2006
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CITY O F SAN LUIS O B 1 S P O
FROM: Jay D. Walter, Director of Public Works
Prepared By: Barbara Lynch,City Engine
SUBJECT: FLOOD ORDINANCE REVISION
CAO RECOMMENDATION
1. Introduce an ordinance revising Chapter 17.84 Flood Damage Prevention Regulations of the
Municipal Code.
DISCUSSION
Background
The City adopted its first version of the existing flood ordinance and entered the regular National
Flood Insurance Program in 1979. In order to participate, and in doing so make flood insurance
available to our property owners, the City must adopt and enforce the minimum standards
established by the Federal Emergency Management Agency (FEMA.) From time to time,
FEMA requires revisions to be made to improve floodplain management.
Current Insurance Standing
In April 2006, the City received the results of an audit completed by FEMA. During the audit,
FEMA checked City records to ascertain that the City is enforcing FEMA requirements. The
City passed the audit and received "credit" for the activities we are doing. Credits included
adopting more stringent requirements in our ordinance than FEMA requires, maintaining open
space in the flood plain, maintaining records of elevation certificates, providing outreach
brochures to those properties in the flood plain, maintaining digitized maps, stormwater master
planning and other miscellaneous items.
The "credits" referred to here are a summary of points that translate into a rating for the
community. The more points received, the lower the rating, and the higher the discount offered
to property owners for their flood insurance. The City currently has a point total of 1215
equating to a Class 8 rating or a 10% discount on insurance premiums. The maximum that can
be achieved is a reduction of 45% (Class 1) requiring 4500 points or more. The range for Class 8
is 1,000 to 1,499 points. FEMA encourages all agencies to continue to add activities to their
programs to increase their ratings. A review of several other cities indicated that Class 8 is a
fairly common rating.
Community Impacts
The purpose of the flood ordinance is to set the minimum requirements for construction where
flood waters are likely to intrude so as to minimize flood damage to the improvements. The
requirements are often viewed by the property owner as a burden, particularly as they can result
in significant cost increases during remodeling. This is particularly true when significant
flooding has not occurred for several years. Most of the City has been free of flood waters, such
as those experienced in the mid 1900's, for the last thirty years. The flood ordinance is designed
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to slowly but surely reduce the susceptibility to flooding of structures potentially lying in the
path of flood waters so that over time, the damage in heavy flooding will be greatly reduced.
New developments are typically out of the flood zone and the ordinance does not apply to them.
Property owners completing remodeling or redevelopment in the flood zone are currently, and
will continue to be, affected by the ordinance. However, redevelopment projects are much more
heavily regulated by the City's already adopted Waterway Management Plan.
Ordinance Revision
FEMA is in the process of converting current paper maps to digital format and at the same time,
requiring participating agencies to update their ordinances. FEMA has provided a model
ordinance for us to use, or we may opt to modify our existing ordinance (Attachment 1.) The
model ordinance is organized somewhat differently and includes some new language. Staff
determined using the model ordinance, instead of revising our existing ordinance, would provide
a more usable document and would ease future ordinance reviews by FEMA. Therefore, in lieu
of providing a legislative draft for the new ordinance, staff has provided the model ordinance
with highlighted sections indicating additions or changes from our current ordinance.
(Attachment 2.)
Highlighted sections in Attachment 2 are largely changes created by FEMA. However, the City
has included some additional changes to the model ordinance to incorporate prior approved flood
ordinance revisions and include staff recommended changes resulting from experience dealing
with our current flood ordinance and upgrades to the model ordinance recommended by the State
of California.
1) Prior City Council approved flood ordinance revisions:
As a minimum, the City is required to adopt the provisions of the model ordinance provided by
FEMA. The City's current ordinance has four modifications, listed below, adopted previously
by the City Council to reduce the potential for flood damage and reduce flood insurance rates.
These changes are above the minimum requirements of FEMA.
A) FEMA requires, at a minimum, that floor elevations be equal to or above the base flood
elevation. The City requires that properties newly constructed or undergoing substantial remodel
be one foot above the base flood elevation. The one foot requirement reduces flood insurance
rates for our citizens because the risk-is lower when there is a buffer to account for map
inaccuracies, unusual storms or circumstances, such as heavy debris loads in the creeks
increasing the flood elevations over those predicted.
B) FEMA considers each remodel individually when determining whether a project is
"substantial" enough (a remodel valued at 50% or more of the property value) to trigger the
requirement to comply with the flood ordinance. The City currently considers cumulative
remodel work for a period of five years when determining if a structure has undergone a
substantial remodel. As an example,,a building has a market value of$100,000 and the owner
spends $25,000 completing a remodel. Within five years they submit a permit request for
another remodel valued at $25,000. At the time of the second permit the requirements of the
flood ordinance will kick in because they have accumulated $50,000 (50% of$100,000 value) in
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remodeling work. Using accumulated value ensures owners who have phased significant
building changes over a short period elevate their building. Staff is recommending an increase to
this as discussed in the next section.
C) The model ordinance addresses the 100 year flood plain only. The City's current ordinance
provides for a review of properties in the adjacent zone, the 500-year flood plain, to insure that
they are at least above the 100 year flood elevation. If any inaccuracies exist in the map of the
flood zone boundary, at least those buildings along the periphery are above flood elevation. It
also ensures someone does not unintentionally build below the adjacent flood elevation and
experience flood damage.
D) The current City ordinance allows leeway for the City to increase the flood plain based on
local knowledge of flooding patterns. The flood maps can not possibly be so accurate as to know
exactly where flood waters stop and so this provision was added to allow the City to make
reasonable local adjustments.
2) Staff recommended changes to the model ordinance:
In addition to including previously approved revisions to the minimum requirements, staff has
included in the new ordinance the following additional requirements.
A) Staff recommends, and has prepared the ordinance, using a ten year cumulative period in lieu
of the five discussed in the previous section. This will increase the likelihood that buildings will
be raised. Experience would indicate this would have a negative effect on a very few
individuals. Anyone hoping to avoid complying with the ordinance by stretching out their
planned remodels would be less likely to want to phase that work over ten years. Those
structures which routinely flood in the ten year storm would be captured as repeat flood damage
properties. This revision is also recommended for adoption by the State of California and could
be expected to add about 40 credit points to our rating.
B) Staff has added references to more stringent requirements in our adopted Waterway
Management Plan Drainage Design Manual (DDM) regarding the amount of change in flood
elevation a project can cause in certain areas of the City. Specifically, FEMA allows up to one
foot of flood elevation change, accounting for all projected development in an area. Section 3 of
the DDM limits that cumulative increase to two and a half inches for projects on vacant parcels
in the 100 year flood plain. The Mid-Higuera area (Higuera from Marsh Street to south of Elks
Lane) is more restrictive, allowing no increase to existing footprints beyond minor additions in
an effort to prevent expansion of the flood zone in that area.
The ordinance language does not have a tangible effect as the DDM has already been adopted by
the City Council. However, by providing this inclusion, someone reviewing the Flood
Ordinance is made aware of the DDM.
C) Staff is recommending that building foundation work receive special attention, even when it
is not coupled with a substantial remodel. The City recently received a submittal for a
substantial remodel. The structure in question was below the required elevation and was
conditioned to raise the foundation to comply with the City's ordinance. Unfortunately, the
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foundation had been replaced about a year previous.. Had the City's ordinance triggered a flood
review with the foundation work, the owner could have increased the height of his new
foundation during the work and would not now be facing a requirement to jack the house up
again in the span of a few years and increase the height. The new ordinance provides language
in the definition of Substantial Improvement to include work affecting the foundation even if it is
less than a 50% improvement to the structure. This is expected to prevent double effort to
property owners such as the one above; however, it is not expected to result in an increased
rating.
D) Generally garages are not required to be elevated to one foot above the flood elevation in the
flood plain even though the house is. Staff has added language to the model ordinance requiring
that areas below the required elevation per the ordinance such as garages, not be converted for
human habitation without first becoming compliant with the ordinance. Such a conversion could
happen now without review for flood ordinance compliance if it was not a substantial remodel.
This revision is also recommended for adoption by the State of California. This is a necessity to
prevent habitation in areas below the flood elevation; however it is not expected to result in an
increased rating.
Conclusion
Adoption of the ordinance does not change our insurance standing except as noted where we are
recommending more stringent requirements. The City will still be about 250 points from moving
to the next class which would increase the discount on insurance by another 5%. The adoption
of the ordinance is important in order to preserve our current standing.
CONCURRENCES
The City Attorney has reviewed the new ordinance language and determined there are no legal
issues with it and that the language is defensible. The Community Development Director and
FEMA have reviewed and approved the ordinance.
FISCAL IMPACT
There is no direct fiscal impact on the City. Implementing additional activities could have an
impact on operating programs and reducing activities could affect insurance premiums for the
public. Some of the activities that will be required as part of the National Pollution Discharge
Elimination Program may translate into some additional credits, in particular; greater attention to
stone drain cleaning.
ALTERNATIVES
1. Floor Elevation Increase
Currently FEMA requires, at a minimum that floor elevations be equal to or above the base flood
elevation. The City previously adopted an increase of one foot over the flood elevation. The
State of California recommends an increase to two feet above flood elevation. Staff has
considered this option but feels this would cause some significant problems for property owners
who have already completed remodels with the one foot requirement. Potentially property
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owners who have completed the elevation of their structure and replacement of the foundation,
only to find themselves required to repeat the process at a successive remodel. Two feet may
also be more difficult for people with mobility problems. If the Council supports this option, one
alternative could be to exclude from the requirement, those properties that previously complied
with the one foot requirement. This would make the ordinance somewhat more cumbersome to
enforce. The benefit would be an estimated 20 additional credit points to our rating.
2. Staff Recommendations
The City Council could opt to eliminate some or all of the staff recommended changes. This
would have no effect on the City's rating because this would match the existing ordinance.
ATTACHMENTS
Attachment 1. Current Flood Damage Prevention Regulations—Chapter 17.84
Attachment.2. Revised flood regulations with changes shaded
Attachment 3. Draft Ordinance
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Attachment 1
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Chapter 17.84
FLOOD DAMAGE PREVENTION REGULATIONS
Sections:
17.84.010 Purpose.
17.84.020 Methods and provisions for reducing flood losses.
17.84.030 Definitions.
17.84.040 Applicability.
17.84.050 Basis for establishing the area of special flood hazard.
17.84.060 Areas of special flood hazard and their insurance criteria.
17.84.070 Source of designations and local exceptions.
17.84.080 Compliance.
17.84.085 Abrogation and greater restrictions.
17.84.090 Interpretation.
17.84.100 Warning and disclaimer of liability.
17.84.105 Severability.
17.84.110 Development permit—Required—Information required.
17.84.120 Development permit—City engineer's authority to grant or deny.
17.84.130 Duties and responsibilities of city engineer.
17.84.140 Variance procedure.
17.84.150 General standards for flood hazard reduction.
17.84.160 Special standards.
17.84.170 Floodways—Applicable provisions.
17.84.010 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 provisions designated:
A. To protect human life.and health;
B. To minimize expenditure of public money for costly flood-control projects;
C. To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines,streets and bridges located'in areas of special flood hazard;
F. To help maintain a stable tax base by providing for the second use and development of areas of
special flood hazard so as to minimize future flood blight areas;
G. To ensure that potential buyers are notified that property is in an area of special flood hazard; and
H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their
actions.(Prior code § 9800)
17.84.020 Methods and provisions for reducing flood losses.
In order to accomplish its purposes,this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or
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erosion hazards,or which result in damaging increases in erosion or in flood heights or velocities;
B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
C. Controlling the alteration of natural floodplains, stream channels and natural protective barriers,
which help accommodate or channel floodwaters;
D. Controlling filling, grading, dredging and other development which may increase flood damage;
and
E. Preventing or regulating the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards in other areas. (Prior code § 980 1)
17.84.030 Definitions.
The following words and phrases whenever used in this chapter shall be construed as defined in this
section:
A. "Appeal" means a request for a review of the city engineer's interpretation of any provision of
this chapter or a request for a variance.
B. "Area of shallow flooding" means a designated AO zone on the Flood Insurance Rate Map
(FIRM). The base flood depth range from one to three feet; a clearly defined channel does not
exist;the path of flooding is unpredictable and indeterminate.
C. "Area of special flood hazard" means the land in the floodplain within a community subject to a
one percent or greater chance of flooding in any given year.
D. "Base flood" or"one-hundred-year flood" means the flood having a one percent chance of being
equaled or exceeded in any given year.
E. "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 located within the area of special flood hazard.
F. "Five-hundred-year flood" means the flood having a two-tenths percent chance of being equaled
or exceeded in any given year.
G. "Flood"or"flooding"means a general and temporary condition of partial or complete inundation
of normally dry land areas from:
I. Overflow of inland waters; and/or
2. The unusual and rapid accumulation or runoff of surface waters from any source.
H. "Flood Boundary and Floodway Map" means the official map on which the Federal Emergency
Management Agency (Federal Insurance Administration) has delineated both the areas of flood
hazard and the floodway.
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
premium 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 Floodway Map and the water surface elevations of the base flood.
K. "Floodplain" or"flood-prone area" means any land area susceptible to being inundated by water
from any source(see definition of"flooding").
L. "Floodplain management" means the operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited to emergency
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preparedness plans, flood control works and floodplain management regulations.
M. "Floodplain management regulations" means zoning ordinances, subdivision regulations,
building codes, health regulations, special-purpose ordinances (such as floodplain ordinance;
grading ordinance) and other applications of police power. The term describes such state or local
regulations in any combination thereof, which provide standards for the purpose of flood damage
prevention and reduction.
N. "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.
O. "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 maximum.
P. "Highest adjacent grade" means .the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Q. "Lowest flood" means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or
storage, in an area other than a basement area, is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure in violation of the:applicable
nonelevation design requirements of this chapter.
R. "Manufactured home" means a structure,transportable in one or more sections, which is built on
a permanent chassis and is designed for use with or without a permanent foundation when
connected to the required utilities. For floodplain management purposes the term "manufactured
home" also includes park trailers, travel trailers and other similar vehicles placed on a site for
greater than one hundred eighty consecutive days. For insurance purposes the term
"manufactured home"does not include park trailers,travel trailers and other similar vehicles.
S. "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.
T. "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.
U. "New construction" means structures for which the start of construction commenced on or after
the effective date of the ordinance codified in this chapter.
V. "One-hundred-year flood" means a flood which has a one percent annual probability of being
equaled or exceeded. It is identical to the "base flood," which will be the term used throughout
this chapter.
W. "Person" means an individual or his or her agent, firm, partnership,association or corporation, or
agent of the aforementioned groups,or this state or its agencies or political subdivisions.
X. "Remedy a violation" means to bring the structure or other development into compliance with
state or local floodplain management regulations, or, if this is not possible,to reduce the impacts
of its noncompliance. Ways that impacts may be reduced include protecting the structure or other
affected development from flood damages, implementing the enforcement provisions of this
chapter or otherwise deterring future similar violations, or reducing federal financial exposure
with regard to the structure or other development.
Y. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream,
brook,etc.
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Z. "Special flood hazard area(SFHA)"means an area having special flood hazards and shown on an
FHBM or FIRM as zone A,AO,A I —30,AE,A99 or AH.
AA. "Start of construction" means and includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction, repair, reconstruction,
placement or other improvement was within one hundred days of the permit date.The actual start
means either the first placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles; the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home on a foundation. .
Permanent construction does not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways;nor does it include excavation for a
basement, footings, piers or foundations or the erection of temporary forms; nor does it include
the installation on the property of accessory buildings, such as garages or.sheds not occupied as
dwelling units or not part of the main structure.
BB. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is
principally above ground,as well as manufactured home.
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 is being 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, 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.
DD. "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.
EE. "Violation" means the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in this chapter
is presumed to be in violation until such time as that documentation is provided. (Ord. 1259 § 1,
1994;Ord. 1093 §§ 1 (part),2(part),3 (part), 1987: prior code§ 9802)
17.84.040 Applicability.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city. (Prior code
§ 9803)
17.84.050 Basis for establishing the area of special flood hazard.
A. The areas of special flood hazards are identified by the Flood Insurance Administration of the
Federal Emergency Management Agency in a scientific and engineering report entitled "The
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Flood Insurance Study for the City of San Luis Obispo, California," with accompanying Flood
Insurance Rate Maps. That report is hereby adopted by reference and declared to be a part of
these regulations.The Flood Insurance Study is on file in the office of the city engineer,990 Palm
Street, San Luis Obispo, California, is available for inspection during regular business hours, and .
may be amended from time to time by resolution of the council. National Geodetic Vertical
Datum of 1929 is the basis for the elevations in the report.
B. This flood insurance report is the minimum area of applicability of these regulations and may be
supplemented by studies for other areas which allow implementation of these regulations and
which are recommended to the city council by the city engineer. (Ord. 1093 § 2 (part), 1987:
prior code §9804)
17.84.060 Areas of special flood hazard and their insurance criteria.
Areas of special flood hazard and their flood insurance criteria are defined as follows:
A. AO Zones: Areas of one-hundred-year shallow flooding; flood depth of one to three feet; product
of flood depth(in feet) and velocity (feet per second) less than fifteen. Areas of shallow flooding
with depths from one foot to three feet will be designated as an AO Zone with depth rounded off
to the nearest foot,i.e.,one,two or three feet.
In the AO zone, for floodplain management purposes, the lowest floor (including basement) of new
residential structures shall be one foot above the flood elevation determination by adding the elevation of
the highest point on the ground next to the building to the depth number specified by the zone
designation. For nonresidential structures, the lowest floor(including basement) must be floodproofed or
raised one foot above the flood elevation determined in the same manner as described for residential
structures.
B. A Zones (A I to A-30, or AE): Areas of one-hundred-year flooding; base flood elevations and
flood hazard factors have been deterinided. A zones shall have all residential structures' finished
first floor elevation raised a minimum of one foot above the one hundred-year flood elevation.
Nonresidential areas may either have finished first floor elevations raised a minimum of one foot above
the one-hundred-year flood elevation or floodproofed a minimum of one foot above the one-hundred-year
flood elevation.
C. B Zones or X Zone (shaded): Areas between limits of one-hundred-year flooding and
five-hundred-year flooding; areas of one-hundred-year shallow flooding where depths are less
than one foot. No flood insurance is required; but all projects within this zone must be reviewed
by the engineering division to determine whether proposed finished first floor elevation is above
one-hundred-year flooding elevations.
D. C Zones or X Zone (unshaded)`. Areas outside of five-hundred-year flooding. No flood insurance
or staff review for finished first floor slab height is required. (Ord. 1093 § 2 (part), 1987: prior
code§ 9805)
17.84.070 Source of designations and local exceptions.
A. All one-hundred-year flooding and building elevations as referred to in Section 17.84.060; are
based on the Flood Insurance Study done by the Corps of Engineers for the Federal Emergency
Management Agency—Federal Insurance Administration as cited in Section 17.84.050.
B. Local experience and historical data shall take precedence in all zones where there may be
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localized flooding that is not shown on the Flood Insurance Study cited in Section 17.84.050.
(Ord. 1093 § 2(part), 1987: prior code § 9806)
17.84.080 Compliance.
No structure or land grading shall hereafter be constructed, located, extended, converted or altered
without full compliance with the terms of this chapter and other applicable regulations. Violations of the
provisions of these regulations by failure to comply with any of its requirements (including violations of
conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.
Nothing herein shall prevent the city from taking such lawful action as is necessary to prevent or remedy
any violation. (Ord. 1093 §2(part), 1987: prior code § 9807)
17.84.085 Abrogation and greater restrictions.
These regulations are 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. 1093
§ 3 (part), 1987)
17.84.090 Interpretation.
In the interpretation and application of this chapter,all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under state statutes. (Prior code §
9808)
17.84.100 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 man-made or natural causes. This chapter does not imply
that land outside the area 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
employee thereof, or the Federal Insurance Administration, for any flood damages that result from
reliance on this chapter or any administrative decision lawfully made thereunder. (Prior code§ 9809)
17.84.105 Severability.
These regulations and the various parts thereof are 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. 1093 § 3 (part), 1987)
17.84.110 Development permit—Required—Information required.
A development permit shall be obtained before construction or development begins within any area of
special flood hazard established in Section 17.84.060. Application for a development permit shall be
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made on forms furnished by the community development department, and may include, but not be limited
to,plans, in duplicate, drawn to scale, showing the nature, location, dimensions and elevations of the area
in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location
of the foregoing. Specifically;the following information is required.
A. Elevation in relation to mean sea level, using 1929 (NGVD), of the lowest floor (including
basement) of all structures; in Zone AO, elevation of highest adjacent grade and proposed
elevation of lowest floor of all structures;
B. Elevation in relation to mean sea level, using 1929 (NGVD), to which any structure has been
floodproofed;
C. Certification by a registered professional engineer or architect that the floodproofing methods for
any nonresidential structure meet the floodproofing criteria in Section 17.84.160B3;
D. Description of the extent to which any watercourse will be altered or relocated as a result of
proposed development;and
E. Plans for any walls to be used to enclose space below the base flood level;
F. Prior to occupancy the city engineer shall be supplied with written certification by a registered
land surveyor or civil engineer that the lowest floor elevation or floodproofed elevation complies
with this chapter.
G. Subdividers and/or Developers shall apply for and obtain Letters of Map Revisions from the
Federal Emergency Management Agency when physical changes constructed with developments
affect flooding conditions which would change special flood hazard zones. (Ord. 1259 § 2, 1994;
Ord. 1093 § 2(part), 1987: prior code § 98 1)
17.84.120 Development permit—City engineer's authority to grant or deny.
The city engineer is appointed to administer and implement this chapter by granting or denying
development permit applications in accordance with its provisions. (Prior code § 9811)
17.84.130 Duties and responsibilities of city engineer.
The duties of the city engineer shall include,but are not limited to:
A. Permit Review:
I. Review all development permits to determine that the permit requirements of this chapter
have been satisfied;
2. Review all development permits to determine that all building sites are reasonably safe
from flooding;
3. Advise all applicants that other permits may be required from federal, state and local
governmental agencies;
4. Review all development permits in the area of special flood hazard to determine if the
proposed development adversely affects the flood-carrying capacity of the area of special
flood hazard. For the purposes of this chapter, "adversely affects" means that the
cumulative effect of the proposed development and other preceding developments will be
to increase the water surface elevation of the base flood more than one foot at any point.
B. Use of Other Base Flood Data: When base flood elevation data has not been provided in
accordance with Section 17.84.050, the city engineer shall obtain, review and reasonably utilize
any base flood elevation data available from a federal, state or other source, in order to administer
subsections A and B of Section 17.84.160.
Printed from Folio Views Pagel
Attachment t
San Luis Obispo Municipal Code
C. Information to be Obtained and Maintained:
1. Indicate base flood elevation;
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;
3. For all new or substantially improved floodproofed structures:
a. Verify and record the actual elevation (in relation to mean sea level, 1929
NGVD);and
b. Maintain the floodproofing certifications required in Section 17.84.160B3;
4. Maintain for public inspection all records pertaining to the provisions of this chapter.
D. Alteration of Watercourse:
1. Notify adjacent communities and the California State Department of Water Resources
prior to any alteration or relocation of a watercourse, and submit evidence of such
notification to the Federal Insurance Administration;
2. Require that maintenance is provided within the altered or relocated portion of the
watercourse so that the flood-carrying capacity is not diminished.
E. Interpretation of FIRM Boundaries: Make interpretations where needed, as to the exact location
of the boundaries of the areas of special flood hazards (for example, when: 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 17.84.140.
F. Take action to remedy violations of these regulations as specified in Section 17.84.080. (Ord.
1259 §3, 1994;Ord. 1093 § 3 (part), 1987: prior code § 9812)
17.84.140 Variance procedure.
A. Appeals.
I. The council shall hear and decide appeals and requests for variances from the
requirements of this chapter.
2. The council shall hear and decide appeals 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.
3. In passing upon such applications, the council shall consider all technical evaluations, all
relevant factors, including all possible environmental impacts, standards specified in
other sections of this chapter,and:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
C. The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the
community;
e. The necessity to the facility of a waterfront location,where applicable;
f. The availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the general plan and floodplain
management program of that area;
Printed from Folio Views Page8
Q � 13
Attachment 1
San Luis Obispo Municipal Code
i. The safety of access to the property in times of flood for ordinary and emergency
vehicles;
j. The expected heights, velocity, duration, rate of rise and sediment transport of
the floodwaters and the effects of wave action, if applicable, expected at the site;
and
k. The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer,
gas,electrical and water systems, and streets and bridges.
4. Generally, variances may be issued for new construction and substantial improvements to
be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots
with existing structures constructed below the base flood level,providing items a through
k of subdivision 3 of this subsection have been fully considered. As the lot size increases
beyond the one-half acre, the technical justification required for issuing the variance
increases.
5. Upon consideration of the factors of subdivision 3 of this subsection,and the purposes of
this chapter, the council may attach such conditions to the granting of variances as it
deems necessary to further the purposes of this chapter.
6. The city engineer shall maintain the records of all appeal actions and report any variances
to the Federal Insurance Administration upon request.
B. Conditions for Variances.
1. Variances may be used for the reconstruction, rehabilitation or restoration of structures
listed on the National Register of Historic Places, the State Inventory of Historic Places,
or the city historical and architectural element of the general plan, without regard to the
procedures set forth in the remainder of this section.
2. Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
3. Variances shall only be issued upon a determination that the variance is the minimum
necessary,considering the flood hazard,to afford relief.
4. Variances shall be issued only upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional
hardship to the applicant;and
C. A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, or extraordinary public expense, and
will not create nuisances, cause fraud on or victimization of the public; cause any
environmental impact that cannot be mitigated, or conflict with existing local
laws or ordinances.
5. Any applicant to whom a variance is granted shall be given written notice that the
structure will be permitted to be built with a lowest floor elevation below the base flood
elevation and that the cost of flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation.
6. Variances may be issued for new construction and substantial improvements and for
other development necessary for the conduct of a functionally dependent use provided
that the provisions of subparagraphs 1 through 4 of this subsection B are satisfied and
that the structure or other development is protected by methods that minimize flood
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a - ��k
Attachment t
San Luis Obispo Municipal Code
damages during the base flood and create no additional threats to public safety. (Ord.
1093 §2(part), 1987:prior code § 9813)
17.84.150 General standards for flood hazard reduction.
In all areas of special flood hazards the following standards are required:
A. Anchoring.
1. All new construction,.substantial improvements and storage of materials will be anchored
to prevent flotation, collapse or lateral movement. Materials capable of displacement due
to flooding (including dissolvables) may not be stored within A zones unless the site is
floodproofed or finished grade is raised to eliminate flood.hazards.
2. The anchoring of manufactured homes shall meet the anchoring standards of Section
17.84.160C.
B. Construction Materials and Methods.
1. All new construction and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall be constructed using methods
and practices that minimize flood damage.
3. All new construction and substantial improvements shall be constructed with electrical,
heating, ventilation, plumbing and air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
4. Within Zone AH or AO, adequate drainage paths are required around structures on slopes
to guide floodwaters around and away from proposed structures.
C. Utilities.
1. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system;
2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharge from the system into
floodwaters; and
3. On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
D. Subdivision Proposals.
I. All subdivision proposals shall be consistent with the need to minimize flood damage;
2. All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage;
3. All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood damage;and
4. Base flood elevation data shall be provided for subdivision proposals and other proposed
development which contain at least fifty lots or five acres, whichever is less.
5. All preliminary subdivision proposals shall identify the flood hazard area and the
elevation of the base flood.
6. All final subdivision plans will provide the elevation of proposed structure(s)and pads. If
the site is filled above the base flood, the final pad elevation shall be certified by a
registered professional engineer or surveyor and provided to the city engineer. (Ord. 1093
Printed from Folio Views Pagel0
C=) -1�
I
Attachment 1
San Luis Obispo Municipal Code
§§2(part),3 (part), 1987: prior code §9814)
17.84.160 Special standards.
In all areas of special flood hazards where base flood data has been provided as set forth in Section
17.84.130B or in Section 17.84.150 the following standards are required:
A. New construction and substantial improvement of any structure shall have the lowest floor,
including basement, elevated 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 AO Zones.
B. EXCEPTION: The city engineer may allow commercial, industrial or other nonresidential
structures to be "floodproofed" 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 improvements, 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 and exit of
floodwaters. Designs for meeting this requirement must either be certified by a registered
professional engineer or architect,or meet or exceed the following minimum criteria:
a. Either a minimum of two openings have 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 may be 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 manufactured homes
shall:
a. Be elevated so that the lowest floor is at least one foot above,the base flood
elevation;and
b. Be securely anchored to a permanent foundation system to resist flotation,
collapse or lateral movement. (Ord. 1259 § 4, 1994; Ord. 1093 §§ 1 (part), 2
(part),3 (part), 1987: prior code § 9815)
17.84.170 Floodways—Applic able provisions.
Located within areas of special flood hazards established in Section 17.84.060 are areas designated as
Printed from Folio Views Pagel]
Q( " I
Attachment 1
San Luis Obispo Municipal Code
floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which
carry debris, potential projectiles and erosion potential,the following provisions apply:
A. Encroachments, including fill, new construction, substantial improvements, and other
development are prohibited unless certification by a registered professional engineer is provided
demonstrating that encroachments shall not result in any increase in flood levels during the
occurrence of the base flood discharge.
B. If subsection A of this section is satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of Sections 17.84.150 and
17.84.160.
C. The placement of any manufactured home is prohibited. (Ord. 1093 § 2 (part), 1987: prior code §
9816)
Printed from Folio Views Pagel2
Attachment 2: 1
Chapter 17.84
FLOOD PLAIN MANAGEMENT REGULATIONS
Sections:
17.84.010 Statutory authorization,findings of fact and purpose and methods.
17.84.020 Definitions
17.84.030 General Provisions
17.84.040 Administration
17.84.050 Provisions for Flood Hazard Reduction
17.84.060 Variance Procedure
17.84.010 Statutory authorization,findings of fact and purpose and methods.
A. StatntorXauthorizatioq
Pe Legislature of the State of California has in Government Code Sections 65302,65560, and 65800 conferred upo�r
local governments the authority to adopt regulations designed to promote the public health,safety,and general welfai�
of its citizenry. Therefore,the City Council of the City of San Luis Obispo does hereby adopt the following floodplain
I regulations
B. Findings of fact
1.The flood hazard areas of the City of San Luis Obispo are subject to periodic inundation which results in loss o
life and property, health and safety hazards, disruption of commerce and governmental services, extraordinIath�5�
public expenditures for flood protection and relief,and im aimtent of the tax base all of which adverselyaffect the
public health,safety,and general welfare
2. {These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood
damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and
velocities also contributes to flood losses
C. Statement of purpose
It is the purpose of this ordinance 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 throug output
the community to all publicly and privately owned land within flood prone, mudslide [i.e. mudflowl or flood related
erosion areas 3 These regulations are designed to:
L 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; 1
r
Attachment 2-2
7. Ensure that potential buyers are notified that property is in an area of special flood hazard;and
8. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
D. Methods of reducing flood losses.
In order to accomplish its purposes,this ordinance includes regulations.to:
I. 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 floodplain, stream channels, and natural protective barriers, which help
accommodate or channel floodwaters;
4. Control filling,grading,dredging,and other development which may increase flood damage;
5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may
increase flood hazards in other areas;and
6. (These regulation take precedence over anv less restrictive conflictin Ig oval laws,ordinances and codes.
17.84.020 Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the
meaning they have in common usage and to give this ordinance its most reasonable application.
['A zone"-see"Special flood hazard area".
(1�"Accessory structure, low-cost and small"means a structure that is solely for the prof no more than 2 cars or,
for limited storage(small, low cost sheds);and is less than or equal to 400 s uarq�e feet'
"Accesso use" mean a use which is incidental and subordinate to the 13rinciVal 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
I mijigratioL7
"Apex"means a point on an alluvial fan or similar landform below which the flow path of the ma or stream that formed the
fan becomes unpredictable and alluvial fan flooding:can occur.
"Appeal"means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance.
"Area of shallow flooding" means a designated AO ori AH oneZ 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 byponding,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
Attachment 2-3
"100-year flood"). Base flood is the term used throughout this ordinance,
I Base flood elevation"(BFE)means the elevation shown on the Flood.Insurance Rate Map for Zones AE,AH,A]-30,VE
and V I-V30 that indicates the water surface elevation resultin from a flood that has a I- ercent or eater chance of bein
equaled or exceeded in any elven year.
;'Basement"means any area of the building having its floor subgrade-i.e.,below ground level-on all sides.
"Building" -see "Structure".
"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
magna sl
"Encroachment"means the advance or infringement of uses,plant growth,SII,excavation,buildings permanent structures
or development into a floodplain which may impede or alter the flow capacity of a floodptaij�
"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 minimuat I
the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is
I
ompleted before Febtltary 20, 1979.F —
"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
I utilities the construction of streets and either final site grading or the pouring of concrete pads).
"Flood,flooding,or flood water" means 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 the condition resultingfrom flood-related erosiorj
"Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or
Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
"Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood
profiles,the Flood Insurance Rate Map,the Flood Boundary and Floodway Map,and the water surface elevation of the base
flood.
"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source - see
"Flooding."
"Floodplain Administrator" is the community official designated by title to administer and enforce the floodplain
management regulations f
"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing
flood damageJanJan preserving and enhancing,where possible,natural resources in the floodpla� including but not limited to
emergency preparedness plans,flood control works, floodplain management regulations, nd open space plans.
"Floodplain management regulations" means this ordinance andother zoning ordinances, subdivision regulations,
building codes,hem alth 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.
OV
Attachment 2-4
"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 flo roofin see FEMA Technical Bulletins TB 1-93,TB 3-93, and TB 7
99 '-
"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 a3
;"IL
gnlatory Floodway.'1
7loodway fringe" is that area of the floodplain on either side of the "Regulatory Floodwa 'where encroachment mia be
permitted
'Fraud and victimization" as related to 17.84.060 of this ordinance,means that the variance granted must not cause frau
on or victimization of the public. In examining this requirement, the City Council will consider the fact that every newt
I building adds to government responsibilities and remains a part of the community for fifty to one-hundred years
1 Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased
Insk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs
nconvenience,danger,and suffering that those increased flood damages bring. In addition,future owners may purchase th
property,unaware that it is subject to potemial 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.
close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and
unloading of cargo or passengers and ship building and shio repair facilities, and does not include lon -term storage or
I manufacturing facilities.
"Governing body" is the local governing unit, i.e. county or municipality, that is empowered to adopt and rm lement
regulations to provide for the public health,safety and general welfare of its citizenry
'Hardship" as related to 17.84.060 of this ordinance means the exceptional hardship that would result from a failure to
grant the requested variance. The City Council requires that the variance be exceptional, unusual, and peculiar to the
property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience,aesthetic considerations j
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 ex_ ep nsive, or requires he property owner to build elsewhere or up t the meet 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:
2_1LListed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) o
preliminarily determin� the Secretary of the Interior as meeting the requirements for individual listing on the
National Register,
3. 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;
4�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
3. Individually listed on the City's Master List of Historic Structures provided this local inventory is consistent with State
approved or certified historic preservation programs as determined by the Secretary of the Interior or directly by the
Secretary of the Interior in states without approved programs,---
a-�
I
Attachment 2-5
('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 rovide protection from temporary flooding
"Levee system" means a flood protection system which consists of a levee; or levees, and associated structures such as
closure and drainage devices,which are constructed and operated in accord with sound engineering practices.���"�
"Lowest floor"means the lowest floor of the lowest enclosed area, including basement(see"Basement"definition).
I7An 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 notlimited toa
a The flood openings standard in 17.84.050 A3.;
b. The anchoring standards in 17.84.050 A.1.;
c. The construction materials and methods standards in 17.84.050 A.2.;,Md
d. The standards for utilities in 17.84.050 B
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 of San Luis Obispo substantial improvement and damage vrocedures. See 17.84.04
B.2
"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.
"New construction", for floodplain management purposes, means structures for which the "start of construction"
commenced on or after February 20, 1979,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,Ni
the installation of utilities, the construction of streets and either final siteding or the pouring of concrete pads) is
completed on or after February 20, 1979.
"Obstruction" includes, but is not limited to, any dam,wall, wharf, embankment, levee, dike, pile, abutment, protectionl
excavation, chaanelization, 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 i_location. its�rovensity to snare or collect debris carried the flow of
water.or its likelihood of beine 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:
a . ��-
Attachment 2-6
,'Public safety and nuisance" as related to 17.84.060 of this ordinance; means that the granting of a variance must not
result in anything which is injurious to safety or health of an entire communityor neighborhood,or any considerable number,
of persons, or unlawful) obstructs the free passage or use in the custom manner; of any navigable lake, or river, bay!
°stream,canal,or basin.
,'Recreational vehicle"means a vehicle which is:
p. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal proiec on
3. Designed to be self-propelled or permanent) toy viable 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 F—
"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively_increasing the water surface elevation more than one
foot.
"Remedy a violation" means to bring the structure or other development into compliance with State or local floodplain
management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be
reduced include protecting the structure or other affected development from flood damages, implementing the enforcement
provisions of the ordinance or otherwise deterring future similar violations, or reducing State or Federal financial exposure
with regard to the structure or other development.
"Riverine"means relating to,formed by,or resembling a river(including tributaries),stream,brook,etc.
;'Sheet flow area"-see"Area of shallow flooding.'
"Special flood hazard area (SFHA)" means an area in the flood Iain subject to a 1 percent or greater chance of flooding
in any given year. It is shown on an FHBM or FIRM as Zone A, AO, Al-A30; AE, A99 or AH and includes all areas
designated in the City's Waterway Management Plan as being in the 100-Year Floodplain.
"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 i 81 0 days from the date of the permit. The actual start means either the first
placement of permanent construction of a structure on a site,such as the pouring of slab or footings,the installation of piles,
the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a
foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it
include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or
foundations or the erection of temporary forms; nor does it include the installation on the pro n of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement
thr a actual start of construction means the first alteration of any wall, ceiling, floor or other structural vart of a buildinQ1
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
I
"Substantial improvement"means:
1. Any reconstruction, rehabilitation,addition,or other improvement of a structure,the cost(cumulatively within any ten
y period) of which equals or exceeds 50 percent of the market value of the structure before the "start of
� -a3
Attachment 2-7
construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless
of the actual repair work performed.
2. Any reconstruction, rehabilitation or other improvement of a foundation fora structure which equals or exceeds 35%of
the foundation)
3. Any reconstruction, rehabilitation or other improvement which by nature of the wor�essitate raising the
structure off the foundation to complete the workF—
The term does not,however,include either:
1. Any project for improvement of a structure to correct existing violations or state or local health,sanitary,or safety code
specifications which have been identified by the local code enforcement official and which are the minimum necessary
to assure safe living conditions;or
2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued
designation as a"historic.structure."
"Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that
would otherwise be prohibited by this ordinance.
"Violation" means the failure of a structure or other development to be fully compliant with this ordinance. A structure or
other development without the elevation certificate, other certifications, or other evidence of compliance required in this
ordinance is presumed to be in violation until such time as that documentation is provided.
"Water surface elevation" means the height,in relation to the National Geodetic Vertical Datum(NGVD)of 1929,NortR
American Vertical Datum (NAVD) of 1988 or other datum of floods of various mumitudes and frequencies in they
floodplain 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.
I XB Zone" means the area between the limits of the 1% floodin and the 0.2% floodin indicated as an X zone in th
maps and formerly as a B zone in the maps.
17.84.030 General Provisions
A. Lands to which this ordinance.applies.
This ordinance shall apply to all areas of special flood hazards, and where specifically identified, XB zones, within the
jurisdiction of the City of San Luis Obispo
B. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood
Insurance Study (FIS) for the City of San Luis Obispo, California in San Luis Obispo County" dated October 1978,
with accompanying Flood Insurance Rate Maps (FIRM'S) and Flood Boundary and Floodway Maps (FBFM's), dated
April 1979,and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part
of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be
supplemented by studies for other areas, including local experience and historical data, which allow implementation of
this ordinance and which are recommended to the City Council by the Floodplain Administrator to h inclu
regtil areaated The study,FIRM'S and FBFM's are on file at the Department of Public Works,919 Palm Street.
' fJ 1
I
Attachment 2-8
C. Compliance.
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance
with the terms of this ordinance and other applicable regulations. Violation of the requirements(including violations of
conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking
such lawful action as is necessary to prevent or remedy any violation.
D. Abrogation and greater restrictions.
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
E. Interpretation.
In the interpretation and application of this ordinance,all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body;and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
F. Warning and disclaimer of liability.
The degree of flood protection required by this ordinance 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 man-made or natural causes. This ordinance 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 ordinance shall not
create liability on the part of the City Council, any officer or employee thereof, the State of California, or the Federal
Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made hereunder.
G. Severability.
This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this ordinance
be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as
a whole,or any portion thereof other than the section so declared to be unconstitutional or invalid.
17.84.040 Administration
A. Designation of the floodplain administrator.
The Director of Public Works or their designee is hereby appointed to administer, implement, and enforce this
ordinance by granting or denying development permits in accord with its provisions.
B. Duties and responsibilities of the floodplain administrator.
The duties and responsibilities of the Floodplain Administrator shall include,but not be limited to the following:
1. Permit Review.
Review all development permits to determine:
a. Permit requirements of this ordinance have been satisfied, including determination of substantial improvement
a �'
Attachment 2-9
and substantial damage of existing structures;
b. The applicant was advised other local, State or Federal permits may be required;
c. The site is reasonably safe from flooding;
d. The proposed development does not adversely affect the carrying capacity of areas where base flood
elevations have been determined but a floodway has not been designated. This means that the cumulative
effect of the proposed development when combined with all other existing and anticipated development will
not increase the water surface elevation of the base flood more than 1 foot at any point within the City of San
Luis Obispo For areas not identified for special consideration in the City's Drainage Design Manual;
e. If the proposed development is within a designated In-fill area, Special Floodplain Management Zone or the
Mid-Higuera Specific Plan Area as defined by the Drainage Design ManuaL that the more stringent
requirements of the Manual have been m ;and
f All Letters of Map Revision (LOMR's) for flood controb projects are approved prior to the issuance o
building permits. Building Permits must not be issued based on Conditional Letters of Map Revisio
(CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and lanj
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.'r
b. Assure procedures are coordinated with other departments/divisions and implemented by community staff
3. Review,Use and Development of Other Base Flood Data.
When base flood elevation data has not been provided in accordance with 17.84.030 B., 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 17.84.050.
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 Obtainin and Devel mg
Base 100-year)Flood Elevations"dated July 1995:
'4. Notification of Other Agencies:
a. Alteration or relocation of a watercourse:
i. Notify adjacent communities and the California Department of Water Resources prior to alteration or
relocation;
ii. Submit evidence of such notification to the Federal Emergency Management Agency;and
iii. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is
maintained.
b. Base Flood Elevation changes due to physical alterations:
i_Within 6 months of information becoming available or project completion, whichever comesfirs.tt, heeth
floodplain administrator shall submit or assure that the pe._rmit applicant submits•technical or scientific
data to FEMA for a Letter of Map Revision(LOMR)i
a -�
Attachment 2- 10
ii: ^All LOMR's for flood control projects are approved prior to the issuance of building permits. Building
Permits must not be issued, based. on Conditional Letters of Map Revision (CLOMR's). Approved
CLOMR's allow construction of the proposed flood control vroject and land vrevaration as svecified is
the"start of construction'l definition
Such submissions are necessary so that upon confirmation of those physical changes affectin._g 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
I include a copy of a map of the cotnmuniV clearly delineating the new corporate limitsF—
5. Documentation of Floodplain Development.
Obtain and maintain for public inspection and make available as needed the following:
a. Certification required by 17.84.050 A.3.and 17.84.050 D. (lowest floor elevations);
b. Certification required by 17.84.050 A.3.(elevation or floodproofing of nonresidential structures);
c. Certification required by 17.84.050 A.3.(wet floodproofing standard);
d. Certification of elevation required by 17.84.050 C.l. (subdivisions and other proposed development
standards);
e. Certification required by 17.84.050 F.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,
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 theinterpretation as
provided in 17.84.040 D.
7. Remedial Action.
Take action to remedy violations of this ordinance as specified in 17.84.030 C.
8. iennial Report.
Complete and submit Biennial Report.to FEMA.
9. PI9. PI g
—Assure community's General Plan is consistent with floodplain management objectives herein!
10. Non-conversion of Enclosed Areas Below the Lowest Floor.
To ensure that the areas below one foot above the BFE shall be used solely for parking vehicles,limited storage,or
access to the building and not be finished for use as human habitation without first becoming fully compliant with
the floodplain management ordinance in effect at the time of conversion,the Floodplain Administrator shall:
a Determine which applicants for new construction and/or substantial improvements have hilly enclosed areas
below the lowest.floor that are 5 feet or hi
Attachment'-) - 11
b. Obtain a"CONVERSION AGREEMENT FOR CONSTRUCTION WITHIN FLOOD HAZARD AREAS"orl
equivalent between the property owner and the City of San Luis Obispo. The agreement shall be recorded
with the County of San.Luis Obispo Recorder as a deed restriction. The conversion agreement shall be in a
form acceptable to the Floodplain Administrator and City Attorney;and
i. Condition the property that there shall be no conversion of enclosed areas below the lowest floor elevation
without first becoming full iti
compliant with the flood lain mans ement ordinance and other C
requirements,
ii. Have the authority granted to the City to inspect any area of a structure below the base flood elevation to
ensure compliance upon prior notice of at least 72 hours;
C. Development permit.
A development permit shall be obtained before any construction or other development, including manufactured homes,
Within any area of special flood hazard established in 17.84.030 B. Application for a development permit shall be
made on forms furnished by the City of San Luis Obispo. The applicant shall provide the following minimum
information:
I. 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 suppl ,�sanitar_y 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 17.84.030 B. or 17.84.040 B.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 17.84.050 A.3.of this ordinance 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 17.84.050 A.3.
3. For a crawl-space foundation, location and total net area of foundation openings as required in 17.84.050 A.3. o$
this ordinance 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 17.84.040 B.5.of this ordinance.
D. Appeals.
The City Council of the City of San Luis Obispo shall hear and decide appeals when it is alleged there is an error in any
requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of
this ordinance.
--- Attachment 2- 12
17.84.050 Provisions for Flood Hazard Reduction
A. Standards of construction.
In all areas of special flood hazards the following standards are required:
1. Anchoring.
All new construction and substantial improvements of structures, including manufactured homes, shall be
adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. Construction Materials and Methods.
All new construction and substantial improvements of structures, including manufactured homes; shall be
constructed:
a. With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood
elevation;
b. Using methods and practices that minimize flood damage;
c. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that
are designed and/or located so as to prevent water from entering or accumulating within the components
during conditions of flooding;and
d. Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood
waters around and away from proposed structures.
3. Elevation and Floodproofmg.
a. Residential construction.
All new construction or substantial improvements of residential structures shall have the lowest floor,
including basement:
L In AE,AH,Al-30 Zones,elevated one foot above the base flood elevation.
ii. In an AO zone, elevated above the highest adjacent grade to a height one foot above the depth number
specified in feet on the FIRM, or elevated at least three feet above the highest adjacent grade if no depth
number is specified.
iii. In an A zone, without BFE's specified on the FIRM [unnumbered A zone], elevated one foot above the
base flood elevation;as determined under 17.84.040 B.3.
iv. In an XB zone,above the base flood elevation.
Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified
by a registered civil engineer or licensed land surveyor,and verified by the community building inspector to be
properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.
b. Nonresidential construction.
All new construction or substantial improvements of nonresidential structures shall either be elevated to
conform with 17.84.050 A.3.or:
Attachment 2- 13
L Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended
under 17.84.050 A.3., so that the structure is watertight with walls substantially impermeable to the
passage of water;
ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy;and
iii. Be certified by a registered civil engineer or architect that the standards of 17.84.050 A.3. are satisfied.
Such certification.shall be provided to the Floodplain Administrator.
c. Flood openings.
All new construction and substantial improvements of structures with fully enclosed areas below the lowest
floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and
which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the
following minimum criteria:
L For non-engineered openings:
(a) Have a minimum of two openings on different sides having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding;
(b) The bottom of all openings shall be no higher than one foot above grade;
(c) Openings may be equipped with screens, louvers, valves or other coverings or devices provided that
they permit the automatic entry and exit of floodwater;and
(d) Buildings with more than one enclosed area must have openings on exterior walls for each area t
I llow flood water to directly enter;or
ii. Be certified by a registered civil engineer or architect.
d. Manufactured homes
L Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation
and floodproofing requirement in 17.84.050 A.3.
ii. Manufactured homes placed within manufactured home parks or subdivisions shall meet the standards in
17.84.050 D. Additional guidance may be found in FEMA Technical Bulletins TB 1-93 and TB 7-93.
e. Garages and low cost accessory structures.
i. Attached garages.
(a) A garage attached to a residential structure, constructed with the garage floor slab below the BFE,
must be designed to allow for the automatic entry of flood waters. See 17.84.050 A.3. Areas of the
garage below the BFE must be constructed with flood resistant materials. See 17.84.050 A.2.
(b) 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.
ii. Detached garages and accessory structures
a "Accessory structures" used solely for parking(2 car detached garages or smaller)or limited storage
(small, low-cost sheds) as defined in 17.84.020, may be constructed such that its floor is below the
� r �
Attachment 2- 14
base flood elevation(BFE),provided the structure is designed and constructed in accordance with the
following requirements:
(� Use of the accessory structure must be limited to parking or limited storage;
.(ii) The portions of the accessory structure located below the BFE must be built using flood-resistant
materials;
iii The accessory structure must be adequately anchored to prevent flotation, collapse and lateral
movement=
iv Any mechanical and utility equipment in the accesses structure must be elevated or,
floodproofed to or above the BFE;
(ve accessory structure must comply with floodplain encroachment provisions in 17.84.050 F.
and
(v�The accessory structure must be deli ed to allow for the automatic entry of flood waters in
accordance with 17.84.050 A-31-
(b)
3(b) Detached garages and accessory structures not meeting the above standards must be constructed iii
accordance with all applicable standards in 1'7.84.050
B. Standards for utilities.
I. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:
a. Infiltration of flood waters into the systems;and
b. Discharge from the systems into flood waters.
2. On-site waste disposal systems shall be located to avoid impairment to them; or contamination from them during
flooding.
C. Standards for subdivisions and other proposed development.
1. All new subdivisions proposals and other proposed development; including proposals for manufactured home.
parks and subdivisions,greater than 50 lots or 5 acres,whichever is the lesser, shall:
a. Identify the Special Flood Hazard Areas(SFHA)and Base Flood Elevations(BFE).
b. Identify the elevations of lowest floors of all proposed structures and pads on the final plans.
c. If the site is filled above the base flood elevation,the following as-built information for each structure shall be
certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a
Letter of Map Revision based on Fill(LOMR-F)to the Floodplain Administrator:
i. Lowest floor elevation.
ii. Pad elevation.
iii. Lowest adjacent grade.
2. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood
damage.
a -31
Attachment 2- 15
3. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer,
gas,electrical and water systems located and constructed to minimize flood damage.
4. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood
hazards.
D. Standards for manufactured homes within manufactured home parks or subdivisions.
All manufactured homes in special flood hazard areas shall meet the anchoring standards in 17.84.050 A.1.,
construction materials and methods requirements in 17.84.050 A.2., flood openings requirements in 17.84.050 A.3.,
and garages and low cost accessory structure standards in 17.84.050 A.3.
Note: Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation and
floodproofmg requirement in 17.84.050 A.3.
1. All manufactured homes that are placed or substantially improved, on sites located: (1) in a new manufactured
home park or subdivision; (2) in an expansion to an existing manufactured home park or subdivision;(3) or in an
existing manufactured home park or subdivision on a site upon which a manufactured home has incurred
"substantial damage" as the result of a flood shall:
a. Within Zones Al-30, AH, and AE on the community's Flood Insurance Rate Map,be elevated on a permanent
foundation such that the lowest floor of the manufactured home is elevated one foot above the base flood
elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse,
and lateral movement.
2. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or
subdivision within Zones A 1-30,AH,and AE on the community's Flood Insurance Rate Map that are not subject to
the provisions of 17.84.050 D.l. will be securely fastened to an adequately anchored foundation system to resist
flotation,collapse,and lateral movement,and be elevated so that either the:
a. Lowest floor of the manufactured home is at least one foot above the base flood elevation;or
b. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least Nuivalen
r—
kMggth 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.
E. Standards for recreational vehicles.
1. All recreational vehicles placed in Zones A130,AH,and AE will either:
it. Be on the site for fewer than 180 consecutive dam;oc
b. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site a only quick disconnect type utilities and security devices l
and has no permanently attachedadditions;or,
c. Meet the permit requirements of 17.84.040 C. of this ordinance and the elevation and anchoring requirem ne ts'
for manufactured homes in 17.84.050 D.
F. Floodways.
Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris, potential
projectiles,and erosion potential,the following provisions apply: 2
� r2�
Attachment 2- 16
I. Until a regulatory floodway is adopted, no new construction, substantial development, or other development
(including fill)shall be permitted within Zones Al-30 and AE,unless it is demonstrated that the cumulative effect
of the proposed development, when combined with all other development, will not increase the water surface
elevation of the base flood more than l foot at any point within the City of San Luis Obispo for areas not identified
for special consideration in the City's Drainage Design manual
2. If the proposed development is within a designated In-fill area,.Special Floodplain Management Zone or the Mid-
iliguera Specific Plan Area as defined by the Drainage Design Manual, the more stringent requirements of the
Manual apply].
3. Within an adopted regulatory floodway, the City of San Luis Obispo shall prohibit encroachments, including fill,
new construction, substantial improvements; and other development, unless certification by a registered civil
engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels
during the occurrence of the base flood discharge.
4. If 17.84.050 F. I. 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 17.84.050.
17.84.060 Variance Procedure
EA ]Nature of variances.
the issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined byl
statute according to actuarial risk and will not be modified by the granting of a variance,
I he variance criteria set forth in this section of the ordinance are based on the general principle of zoning law thaj
I anances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of
property with physical characteristics so unusual that complying with the requirements of this ordinance would cre�ate
an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique t tthe
property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself not to the
structure,its inhabitants,or the property owners
It is the duty of the City Council to help protect its citizens from flooding. This need is so compelling and th
implications of the cost of insuring a structure built below flood level are so serious that variances from the flood
I or from other requirements in the flood ordinance are quite tare. The long term goal of preventing and
reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines
I in this ordinance are more detailed and contain multiple provisions that must be met before a variance can be
properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are
more appropriate.
B. Conditions for variances.
1. Generally, variances may be issued for new construction, substantial improvement, and other proposed new
development to be erected on.a lot of one-half acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level, providing that the procedures of 17.84.040 and
17.84.050 of this ordinance have been fully considered. As the lot size increases beyond one-half acre, the
technical justification required for issuing the variance increases.
2. Variances may be issued for the repair or rehabilitation of"historic structures" (as defined in 17.84.020 of this
ordinance) upon a determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as an historic structure and the variance is the minimum necessary to preserve the historic
character and design of the structure.
3. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base
cg
Attachment-') 17
flood discharge would result.
4. Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the
flood hazard, to afford relief. ('Minimum necessary" means to afford relief with a minimum of deviation from he
-equirements of this ordinance. For example, in the case of variances to an elevation requirement,this means the
City Council need not grant permission for the applicant to buildat grade, or even to whatever elevation the
applicant proposes,but only to that elevation which the City Council believes will both provide relief and preserve
the integrity of the local ordinance.
5. Any applicant to whom a variance is granted shall be given written notice over the signature of a community
official that;
a The issuance of a variance to construct a structure below the base flood level will result in increased premium
rates for flood insurance up to amounts as high as$25 for$100 of insurance coverage,and
b._1 Such construction below the base flood level increases risks to life and property. It is recommended that a
copy of the notice shall be recorded by the Floodplain Administrator in the Office of the County of San Luis
Obispo Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel
of land.
The Floodplain Administrator will maintain a record of all variance actions, including justification for their,
issuance and report such variances issued in its biennial report submitted to the Federal Emargency EmergencyManagement
enc .
C. Appeal board.
1. In passing upon requests for variances, the City Council shall consider all technical evaluations, all relevant
factors,standards specified in other sections of this ordinance,and the:
a. Danger that materials may be swept onto other lands to the injury of others;
b. Danger of life and property due to flooding or erosion damage;
c. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the
existing individual owner andand fi oetur wners of the pr_,ope
d. Importance of the services provided by the proposed facility to the community;
e. Necessity to the facility of a waterfront location,where applicable;
f. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
g. Compatibility of the proposed use with existing and anticipated development;
h. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
L Safety of access to the property in time of flood for ordinary and emergency vehicles; .
j. Expected heights; velocity, duration, rate of rise, and sediment transport of the flood waters expected at the
site; and
k. Costs of providing governmental services during and after flood conditions, including maintenance and repair
of public utilities and facilities such as.sewer,gas,electrical,and water system,and streets and bridges.
2. Variances shall only be issued upon a:
I �
`- Attachment 2- 18
a. Showing of good and sufficient cause;
b. Determination that failure to grant the variance would result in exceptional "hardship"to the applicant;and
c. Determination that the granting of a variance will not result in increased flood heights, additional threats to
public safety, or extraordinary public expense, create a nuisance (see "Public safety and nuisance"), cause
"fraud and victimization"of the public,or conflict with existing local laws or ordinances.
3. Variances may be issued for new construction, substantial improvement, and other proposed new development
necessary for the conduct of a functionally dependent use provided that the provisions of 17.84.060 C.1. through
17.84.060 C.4. are satisfied and that the structure or other development is protected by methods that minimize
flood damages during the base flood and does not result in additional threats to public safety and does not create a
public nuisance.
4. Upon consideration of the factors of 17.84.060 B.1. and the purposes of this ordinance, the City Council may
attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.
' 1
Attachment 3 - 1
ORDINANCE NO. (2006 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
FOR THE PURPOSES OF FLOOD PLAIN MANAGEMENT
WHEREAS, the City wishes to protect the community from flood damage and to
participate in the National Flood Insurance Program; and
WHEREAS,to do so the City must adopt and enforce minimum provisions prescribed by
the Federal Emergency Management Agency including adoption of a flood plain management
ordinance; and
WHEREAS, the City wishes to adopt additional flood damage prevention provisions
beyond those required;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Chapter 17.84 of the Municipal Code is hereby amended to read as
follows:
Chapter 17.84
FLOOD PLAIN MANAGEMENT REGULATIONS
Sections:
17.84.010 Statutory authorization,findings of fact and purpose and methods.
17.84.020 Definitions
17.84.030 General Provisions
17.84.040 Administration
17.84.050 Provisions for Flood Hazard Reduction
17.84.060 Variance Procedure
17.84.010 Statutory authorization,findings of fact and purpose and methods.
A. Statutory authorization
The Legislature of the State of California has in Government Code Sections 65302,65560, and 65800 conferred
upon local governments the authority to adopt regulations designed to promote the public health, safety,and
general welfare of its citizenry. Therefore,the City Council of the City of San Luis Obispo does hereby adopt
the following floodplain management regulations.
B. Findings of fact
1. The flood hazard areas of the City of San Luis Obispo are subject to periodic inundation which results in
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Attachment 3 -2
loss of life and property, health and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of
which adversely affect the public health, safety,and general welfare.
2. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood
damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood
heights and velocities also contributes to flood losses.
C. Statement of purpose
It is the purpose of this ordinance 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.
D. Methods of reducing flood losses.
In order to accomplish its purposes,this ordinance includes regulations to:
1. Restrict or prohibit uses which are dangerous to health, safety,and property due to water or erosion hazards,
or which result in damaging increases in erosion or flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities which serve such uses,be protected against flood
damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help
accommodate or channel floodwaters;
4. Control filling,grading,dredging, and other development which may increase flood damage;
5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which
may increase flood hazards in other areas;and
6. These regulations take precedence over any less restrictive conflicting local laws,ordinancesand codes.
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Attachment 3 -3
17.84.020 Definitions
Unless specifically defined below,words or phrases used in this ordinance shall be interpreted so as to give them the
meaning they have in common usage and to give this ordinance its most reasonable application.
"A zone"-see"Special flood hazard area".
1. "Accessory structure, low-cost and small" means a structure that is solely for the parking of no more than 2
can or for limited storage(small, low cost.sheds);and is less than or equal to 400 square feet.
"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which
it is located.
"Alluvial fan" means a geomorphologic feature.characterized by a cone or fan-shaped deposit of boulders,gravel,
and fine sediments that have been eroded from mountain slopes,transported by flood flows,and then deposited on
the valley floors,and which is subject to flash flooding,high velocity flows,debris flows,erosion,sediment
movement and deposition,and channel migration..
"Apex" means a point on an alluvial fan or similar landform below which the flow path of the major stream that
formed the fan becomes unpredictable and alluvial fan flooding can occur.
"Appeal means a request for a review of the Floodplain Administrator's interpretation of any provision of this
ordinance.
"Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map(FIRM). The
base flood depths range from one to three feet;a clearly defined channel does not exist;the path of flooding is
unpredictable and indeterminate;and velocity flow may be evident. Such flooding is characterized by ponding or
sheet flow.
"Area of special flood hazard"-See"Special flood hazard area."
"Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year(also
called the"100-year flood"). Base flood is the term used throughout this ordinance.
"Base flood elevation"(BFE)means the elevation shown on the Flood Insurance Rate Map for Zones AE,AH,A1-
30,VE and V 1-V30 that indicates the water surface elevation resulting from a flood that has a 1-percent or greater
chance of being equaled or exceeded in any given year.
"Basement"means any area of the building having its floor subgrade-i.e.,below ground level-on all sides.
"Building"-see "Structure".
"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.
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Attachment 3 -4
"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 February 20, 1979.
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including the
installation of utilities,the construction of streets,and either final site grading or the pouring of concrete pads).
"Flood,flooding,or floodwater" means 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 the condition resulting from flood-related
erosion.
"Flood Boundaryand Floodway Map(FBFM)" means the official map on which the.Federal Emergency'
Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and
the floodway.
"Flood Insurance Rate Map(FIRM)" means the official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
"Flood Insurance Study"means the official report provided by the Federal Insurance Administration that includes
flood profiles,the Flood Insurance Rate Map,the Flood Boundary and Floodway Map,and the water surface
elevation of the base flood.
"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source-
see "Flooding."
"Floodplain Administrator" is the community official designated by title to administer and enforce the floodplain
management regulations.
"Floodplain management"means the operation of an overall program of corrective and preventive measures for
reducing flood damage and preserving and enhancing,where possible,natural resources in the floodplain, including
but not limited to emergency preparedness plans, flood control works, floodplain management regulations,and open
space plans.
"Floodplain management regulations" means this ordinance and other zoning ordinances,subdivision regulations,
building codes,health regulations,special purpose ordinances(such as grading and erosion control)and other
application of police power which control development in flood-prone areas. This term describes federal,state or
local regulations in any combination thereof which provide standards for preventing and reducing flood loss and
damage.
"Flood proofing" means any combination of structural and nonstructural additions, changes, or adjustments to
structures which reduce or eliminate flood damage to real estate or improved real property,water and sanitary
facilities,structures,and their contents. For guidelines on dry and wet 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."
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Attachment 3 -5
"Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway"where encroachment
may be permitted.
"Fraud and victimization" as related to 17.84.060 of this ordinance,means that the variance granted must not
cause fraud on or victimization of the public. In examining this requirement,the City Council will consider the fact
that every newly constructed building adds to government responsibilities and remains a part of the community for
fifty to one-hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject
during all those years to increased risk of damage from floods,while future owners of the property and the
community as a whole are subject to all the costs, inconvenience,danger,and suffering that those increased flood
damages bring. In addition,future owners may purchase the property,unaware that.it is subject to potential flood
damage,and can be insured only at very high flood insurance rates.
"Functionally dependent use"means a use which cannot perform its intended purpose unless it is located or
carried out in close proximity to water. The term includes only docking facilities,port facilities that are necessary
for the loading and unloading of cargo or passengers,and ship building and ship repair facilities,and does not
include long-term storage or related manufacturing facilities.
"Governing body" is the local governing unit, i.e.county or municipality,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 17.84.060 of this ordinance means the exceptional hardship that would result from a
failure to grant the requested variance. The City Council requires that the variance be exceptional,unusual,and
peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience,
aesthetic considerations,physical handicaps,personal preferences,or the disapproval of one's neighbors likewise
cannot,as a rule,qualify as an exceptional hardship. All of these problems can be resolved through other means
without granting a variance,even if the alternative is more expensive,or requires the property owner to build
elsewhere or put the parcel to a different use than originally intended.
"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 the City's Master List of Historic Structures provided this local inventory is consistent
with State approved or certified historic preservation programs as determined by the Secretary of the Interior or
directly by the Secretary of the Interior in states without approved programs.
"Levee" means a man-made structure,usually an earthen embankment,designed and constructed in accordance with
sound engineering practices to contain,control or divert the flow of water so as to provide protection from temporary
flooding.
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"Levee system" means a flood protection system which consists of a levee,or levees,and associated structures,
such as closure and drainage devices,which are constructed and operated in accord with sound engineering
practices.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement(see"Basement"
definition).
1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles,
building access or storage in an area other than a basement area, is not considered a building's lowest floor
provided it conforms to applicable non-elevation design requirements, including,but not limited to:
a. The flood openings standard in 17.84.050 A.3.;
b. The anchoring standards in 17.84.050 A.I.;
c. The construction materials and methods standards in 17.84.050 A.2.;and
d. The standards for utilities in 17.84.050 B.
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 of San Luis Obispo substantial improvement and damage procedures. See
17.84.040 13.2.
"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.
"New construction", for floodplain management purposes,means structures for which the"start of construction"
commenced on or after February 20, 1979,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 February 20, 1979.
"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."
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Attachment 3 -7
"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" as related to 17.84.060 of this ordinance,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:
I. Built on a single chassis
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck;and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,
camping,travel,or seasonal use.
"Regulatory floodway" means the channel of a river or other watercourse and the-adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than
one foot.
"Remedy a Violation"means to bring the structure or other development into compliance with State or local
floodplain management regulations,or if this is not possible,to reduce the impacts of its noncompliance. Ways that
impacts may be reduced include protecting the structure or other affected development from flood damages,
implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations,or
reducing State or Federal financial exposure with regard to the structure or other development.
"Riverine" means relating to,formed by, or resembling a river(including tributaries),stream,brook,etc.
"Sheet flow area" -see "Area of shallow flooding."
"Special flood hazard area(SFHA)" means an area in the floodplain subject to a I percent or greater chance of
flooding in any given year. It is shown on an FHBM or FIRM as Zone A,AO,Al-A30, AE,A99,or,AH and
includes all areas designated in the City's Waterway Management Plan as being in the 100-Year Floodplain.
"Start of construction" includes substantial improvement and other proposed new development and means the date
the building permit was issued,provided the actual start of construction,repair,reconstruction,rehabilitation,
addition,placement, or other improvement was within 180 days from the date of the permit. The actual start means
either the first placement of permanent construction of a structure on a site,such as the pouring of slab or footings,
the installation of piles,the construction of columns,or any work beyond the.stage of excavation;or the placement of
a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing,
grading,and filling;nor does it include the installation of streets and/or walkways; nor does it include excavation for
a basement,footings, piers,or foundations or the erection of temporary forms;nor does it include the installation on
the property of accessory buildings,such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement,the actual start of construction means the first alteration of any wall,
ceiling, floor,or other structural part of a building,whether or not that alteration affects the external dimensions of
the building.
"Structure"means.a walled and roofed building that is principally above ground;this includes a gas or liquid
storage tank or a manufactured home.
Attachment 3 -8
"Substantial damage" means damage of any origin sustained by 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:
1. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost (cumulatively within
any ten-year period) 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.
2. Any reconstruction, rehabilitation or other improvement of a foundation for a structure which equals or exceeds
25%of the foundation.
3. Any reconstruction, rehabilitation or other improvement which, by nature of the work, will necessitate raising
the structure off the foundation to complete the work.
The term does not,however, include either:
I. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or
safety code specifications which have been identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions;or
2. Any alteration of a "historic structure, provided that the alteration will not preclude the structure's continued
designation as a"historic structure.
"Variance means a grant of relief from the requirements of this ordinance which permits construction in a manner
that would otherwise be prohibited by this ordinance.
"Violation"means the failure of a structure or other development to be fully compliant with this ordinance. A
structure or other development without the elevation certificate,other certifications,or other evidence of compliance
required in this ordinance is presumed to be in violation until such time as that documentation is provided.
"Water surface elevation"means the height, in relation to the National Geodetic Vertical Datum(NGVD)of 1929,
North American Vertical Datum(NAVD)of 1988,or other datum,of floods of various magnitudes and frequencies
in the floodplains of coastal or riverine areas.
"Watercourse" means a lake,river,creek,stream,wash,arroyo,channel or other topographic feature on or over
which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial
flood damage may occur.
"XB Zone" means the area between the limits of the 1%flooding and the 0.2%flooding indicated as an X zone in
the maps and formerly as a B zone in the maps.
17.84.030 General Provisions
A. Lands to which this ordinance applies.
This ordinance shall apply to all areas of special flood hazards,and where specifically identified,XB zones,
within the jurisdiction of the City of San Luis Obispo
B. Basis for establishing the areas of special flood hazard.'
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Attachment 3 -9
The areas of special flood hazard identified by the Federal Emergency Management Agency(FEMA) in the
"Flood Insurance Study(FIS)for the City of San Luis Obispo,California in San Luis Obispo County"dated
October 1978,with accompanying Flood Insurance Rate Maps(FIRM's)and Flood Boundary and Floodway
Maps(FBFM's),dated April 1979,and all subsequent amendments and/or revisions,are hereby adopted by
reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of
applicability of this ordinance and may be supplemented by studies for other areas, including local experience
and historical data,which allow implementation of this ordinance and which are recommended to the City
Council by the Floodplain Administrator to be included in the regulated area. The.study, FIRM's and FBFM's
are on file at the Department of Public Works,919 Palm Street.
C. Compliance.
No structure or land shall hereafter be constructed, located,extended,converted, or altered without full
compliance with the terms of this ordinance and other applicable regulations. Violation of the requirements
(including violations of conditions and safeguards)shall constitute a misdemeanor. Nothing herein shall prevent
the City Council from taking such lawful action as is necessary to prevent or remedy any violation.
D. Abrogation and greater restrictions.
This ordinance is not intended to repeal,abrogate,or impair any existing easements,covenants,or deed
restrictions. However,where this ordinance and another ordinance,easement,covenant,or deed restriction
conflict or overlap,whichever imposes the more stringent restrictions shall prevail.
E. Interpretation.
In the interpretation and application of this ordinance,all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body;and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
F. Warning and disclaimer of liability.
The degree of flood protection required by this ordinance 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 man-made or natural causes. This ordinance 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 ordinance shall not create liability on the part of the City Council,any officer or employee thereof,the
State of California,or the Federal Emergency Management Agency,for any flood damages that result from
reliance on this ordinance or any administrative decision lawfully made hereunder.
G. Severability.
This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this
ordinance be declared by the courts to be unconstitutional or invalid,such decision shall not affect the validity
of the ordinance as a whole,or any portion thereof other than the section so declared to be unconstitutional or
invalid.
17.84.040 Administration
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Attachment 3 - 10
A. Designation of the floodplain administrator.
The Director of Public Works or their designee is hereby appointed to administer,implement,and enforce this
ordinance by granting or denying development permits in accord with its provisions.
B. Duties and responsibilities of the floodplain administrator.
The duties and responsibilities of the Floodplain Administrator shall include,but not be limited to the following:
1. Permit Review.
Review all development permits to determine:
a. Permit requirements of this ordinance have been satisfied, including determination of substantial
improvement and substantial damage of existing structures;.
b. The applicant was advised other local, State or Federal permits may be required;
c. The site is reasonably safe from flooding;
d. The proposed development does not adversely affect the carrying capacity of areas where base flood
elevations have been determined but a floodway has not been designated. This means that the
cumulative effect of the proposed development when combined with all other existing and anticipated
development will not increase the water surface elevation of the.base.flood more than I foot at any
point within the City of San Luis Obispo for areas not identified for special consideration in the City's
Drainage Design Manual;
e. If the proposed development is within a designated In fill area, Special Floodplain Management Zone
or the Mid-Higuera Specific Plan Area as defined by the Drainage Design Manual, that the more
stringent requirements of the Manual have been met'and
f All Letters of Map Revision (LOMR's)for flood control projects are approved prior to the issuance of
building permits. Building Permits must not be issued based on Conditional Letters of Map Revision
(CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land
preparation as specified in the"start of construction"definition.
2. Development of Substantial Improvement and Substantial Damage Procedures.
a. Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged
Buildings," develop detailed procedures for identifying and administering requirements for substantial
improvement and substantial damage,to include defining"Market Value."
b. Assure procedures are coordinated with other departments/divisions and implemented by community
staff.
3. Review,Use and Development of Other Base Flood Data.
When base flood elevation data has not been provided in accordance with 17.84.030 B.,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 17.84.050.
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Attachment 3 - 1 I
NOTE`. A base flood elevation may be obtained using one of two methods from the FEMA publication,
FEMA 265,"Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining
and Developing Base(100-year)Flood Elevations"dated July 1995.
4. Notification of Other Agencies.
a. Alteration or relocation of a watercourse:
i. Notify adjacent communities and the California Department of Water Resources prior to alteration.
or relocation;
ii. Submit evidence of such notification to the Federal Emergency Management.Agency; and
iii. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse
is maintained.
b. Base Flood Elevation changes due to physical alterations:
i. Within 6 months of information becoming available or project completion,whichever comes first,
the floodplain administrator shall submit or assure that the permit applicant submits technical or
scientific data to FEMA for a Letter of Map Revision(LOMR).
ii. All LOMR's for flood control projects are approved prior to the issuance of building permits.
Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's).
Approved CLOMR's allow construction of the proposed flood control project and land preparation
as specified in the"start of construction"definition.
Such submissions are necessary so that upon confirmation of those physical changes affecting flooding
conditions,risk premium rates and floodplain management requirements are based on current data..
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 17:84.050 A.3.and 17.84.050 D.(lowest floor elevations);
b. Certification required by 17.84.050 A.3.(elevation or floodproofing of nonresidential structures);
c. Certification required by 17.84.050 A.3.(wet floodproofing standard);
d. Certification of elevation required by 17.84.050 C.I. (subdivisions and other proposed development
standards);
e. Certification required by 17.84.050 F.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.
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Attachment 3 - 12
6. Map Determination.
Make interpretations where needed,as to the exact location of the boundaries of the areas of special flood
hazard,where there appears to be a conflict between amapped 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 17.84.040 D.
7. Remedial Action.
Take action to remedy violations of this ordinance as specified in 17.84.030 C.
8. Biennial Report..
Complete and submit Biennial Report to FEMA.
9. Planning.
Assure community's General Plan is consistent with floodplain management objectives herein.
10. Non-conversion of Enclosed Areas Below the Lowest Floor.
To ensure that the areas below one foot above the BFE shall be used solely for parking vehicles, limited
storage,or access to the building and not be finished for use as human habitation without first becoming
fully compliant with the floodplain management ordinance in effect at the time of conversion,the
Floodplain Administrator shall:
a. Determine which applicants for new construction and/or substantial improvements have fully enclosed
areas below the lowest floor that are 5 feet or higher;
b. Obtain a "CONVERSION AGREEMENT FOR CONSTRUCTION WITHIN FLOOD HAZARD
AREAS" or equivalent between the property owner and the City of San Luis Obispo. The agreement
shall be recorded with the County of San Luis Obispo Recorder as a deed restriction. The conversion
agreementshallbe in a form acceptable to the Floodplain Administrator and City Attorney;and
i. Condition the property that there shall be no conversion of enclosed areas below the lowest floor
elevation without first becoming fully compliant with the floodplain management ordinance and
other City requirements.
ii. Have the authority granted to the City to inspect any area of a structure below the base flood
elevation to ensure compliance upon prior notice of at least 72 hours.
C. Development permit.
A development permit shall be obtained before any construction or other development, including manufactured
homes,within any area of special flood hazard established in 17.84.030 B. Application for a development
permit shall be made on forms furnished by the City of San Luis Obispo. 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;
Attachment 3 - 13
e. Base flood elevation information as specified in 17.84.030 B. or 17.84.040 B.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 17.84.050 A3. of this ordinance 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 floodproofmg criteria in 17.84.050 A.3.
3. For a crawl-space foundation, location and total net area of foundation openings as required in 17.84.050
A.3. of this ordinance 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 17.84.040 B.S.of this ordinance.
D. Appeals.
The City Council of the City of San Luis Obispo shall hear and decide appeals when it is alleged there is an
error in any requirement,decision,or determination made by the Floodplain Administrator in the enforcement or
administration of this ordinance.
17.84.050 Provisions for Flood Hazard Reduction
A. Standards of construction.
In all areas of special flood hazards the following standards are required:
I. Anchoring.
All new construction and substantial improvements of structures, including manufactured homes,shall be
adequately anchored to prevent flotation,collapse or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. Construction Materials and Methods.
All new construction and substantial improvements of structures, including manufactured homes,shall be
constructed:
a. With flood resistant materials, and utility equipment resistant to flood damage for areas below the base
flood elevation-,
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Attachment 3 - 14
b. Using methods and practices that minimize flood damage;
c. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service
facilities that are designed and/or located so as to prevent water from entering or accumulating within
the components during conditions of flooding;and
d. Within Zones AH or AO,so that there are adequate drainage paths around structures on slopes to guide
flood waters around and away from proposed structures.
3. Elevation and Floodproofmg.
a_ Residential construction.
All new construction or substantial improvements of residential structures shall have the lowest floor,
including basement:
i. In AE,AH,A 1-30 Zones,elevated one foot above the base flood elevation.
ii. In an AO zone, elevated above the highest adjacent grade to a height one foot above the depth
number specified in feet on the FIRM, or elevated at,least three feet above the highest adjacent
grade if no depth number is specified.
iii. In an A zone, without BFE's specified on the FIRM [unnumbered A zone], elevated one foot
above the base flood elevation;as determined under 17.84.040 B.3.
iv. In an.XB zone;above the base flood elevation.
Upon the completion of the structure,the elevation of the lowest floor, including basement,shall be
certified by a registered civil engineer or licensed land surveyor,and verified by the community
building inspector to be properly elevated. Such certification and verification shall be provided to the
Floodplain Administrator.
b. Nonresidential construction.
All new construction or substantial improvements of nonresidential structures shall either be elevated to
conform with 17.84.050 A.3. or:
J. Be floodproofed, together with attendant utility and sanitary facilities, below the elevation
recommended under 17.84.050 A.3., so that the structure is watertight with walls substantially
impermeable to the passage of water;
ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy;and
iii. Be certified by a registered civil engineer or architect that the standards of 17.84.050 A.3. are
satisfied. Such certification shall be provided to the Floodplain Administrator.
c. Flood openings.
All new construction and substantial improvements of structures with fully enclosed areas below the
lowest floor(excluding basements)that are usable solely for parking of vehicles,building access or
storage,and which are subject to flooding,shall be designed to automatically equalize hydrostatic flood
CXr ��
Attachment 3 15
forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this
requirement must meet the following minimum criteria:
i. For non-engineered openings:
(a) Have a minimum of two openings on different sides having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding;
(b) The bottom of all openings shall be no higher than one foot above grade;
(c) Openings may be equipped with screens, louvers, valves or other coverings or devices
provided that they permit the automatic entry and exit of floodwater;and
(d) Buildings with more than one enclosed area must have openings on exterior walls for each
area to allow flood water to directly enter;or
ii. Be certified by a registered civil engineer or architect.
d. Manufactured homes
i. Manufactured homes located outside of manufactured home parks or subdivisions shall meet the
elevation and floodproofing requirement in 17.84.050 A.3.
ii. Manufactured homes placed within manufactured home parks or subdivisions shall meet the
standards in 17.84.050 D. Additional guidance may be found in FEMA Technical Bulletins TB I-
93 and TB 7-93.
e. Garages and low cost accessory structures.
i. Attached garages.
(a) A garage attached to a residential structure, constructed with the garage floor slab below the
BFE, must be designed to allow for the automatic entry of flood waters. See 17.84.050 A.3.
Areas of the garage below the BFE must be constructed with flood resistant materials. See
17.84.050 A.2.
(b) 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.
ii. Detached garages and accessory structures.
(a) "Accessory structures" used solely for parking (2 car detached garages or smaller) or limited
storage (small, low-cost sheds), as defined in 17.84.020,may be constructed such that its floor
is below the base flood elevation (BFE), provided the structure is designed and constructed in
accordance with the following requirements:
(i) Use of the accessory structure must be limited to parking or limited storage;
(ii) The portions of the accessory structure located below the BFE must be built using flood-
resistant materials;
(iii) The accessory structure must be adequately anchored to prevent flotation, collapse and
Q -sv
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Attachment 3 - 16
lateral movement;
(iv) Any mechanical and utility equipment in the accessory structure must be elevated or
floodproofed to or above the BFE;
(v) The accessory structure must comply with floodplain encroachment provisions in
17.84.050 F.;and
(vi) The accessory structure must be designed to allow for the automatic entry of flood waters
in accordance with 17.84.050 A3.
(b) Detached garages and accessory structures not meeting the above standards must be
constructed in accordance with all applicable standards in 17.84.050 A,
B. Standards for utilities.
1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or
eliminate:
a.. Infiltration of flood waters into the systems;and
b. Discharge from the systems into flood waters.
2. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them
during flooding.
C. Standards for subdivisions and other proposed development.
1. All new subdivisions proposals and other proposed development, including proposals for manufactured
home parks and subdivisions,greater than 50 lots or 5 acres;whichever is the lesser, shall:
a. Identify the Special Flood Hazard Areas(SFHA)and Base Flood Elevations(BFE).
b. Identify the elevations of lowest floors of all proposed structures and pads on the final plans.
c. If the site is filled above the base flood elevation, the following as-built information for each structure
shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an
application for a Letter of Map Revision based on Fill(LOMR-F)to the Floodplain Administrator:
i. Lowest floor elevation.
ii. Pad elevation.
iii. Lowest adjacent grade.
2. All subdivision proposals and other.proposed development shall be consistent with the need to minimize
flood damage.
I All subdivision proposals and other proposed development shall have public utilities and facilities such as
sewer,gas,electrical and water systems located and constructed to minimize flood damage.
4. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to
flood hazards.
a =S 1
Attachment 3 - 17
D. Standards for manufactured homes within manufactured home parks or subdivisions.
All manufactured homes in special flood hazard areas shall meet the anchoring standards in 17.84.050 A.l.,
construction materials and methods requirements in 17.84.050 A.2., flood openings requirements in 17.84.050
A.3.,and garages and low cost accessory structure standards in 17.84.050 A.3.
Note: Manufactured homes located outside of manufactured home parks or subdivisions shall meet the
elevation and floodproofing requirement in 17.84.050 A.3.
1. All manufactured homes that are placed or substantially improved, on sites located: (I) in a new
manufactured home park or subdivision; (2) in an expansion to an existing manufactured home park or
subdivision; (3) or in an existing manufactured home park or subdivision on a site upon which a
manufactured home has incurred"substantial damage"as the result of a flood shall:
a. Within Zones Al-30, AH, and AE on the community's Flood Insurance Rate Map, be elevated on a
permanent foundation such that the lowest floor of the manufactured home is elevated one foot above
the base flood elevation and be securely fastened to an adequately anchored foundation system to resist
flotation, collapse,and lateral movement.
2. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home
park or subdivision within Zones Al-30, AH, and AE on the community's Flood Insurance Rate Map that
are not subject to the provisions of 17.84.050 D.I. will be securely fastened to an adequately anchored
foundation system to resist flotation,collapse,and lateral movement,and be elevated so that either the:.
a. Lowest floor of the manufactured home is at least one foot above the base flood elevation;or
b. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least
equivalent strength that are no less than 36 inches in height above grade.
Upon the completion of the structure,the elevation of the lowest floor including basement shall be certified by a
registered civil engineer or licensed land surveyor, and verified by the community building inspector to be
properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.
E. Standards for recreational vehicles.
1. All recreational vehicles placed in Zones Al-30, AH,and AE will either:
a. Be on the site for fewer than 180 consecutive days; or
b. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on
its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security
devices,and has no permanently attached additions;or
c. Meet the permit requirements of 17.84.040 C. of this ordinance and the elevation and anchoring
requirements for manufactured homes in 17.84.050 D.L
F. Floodways.
Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris,
potential projectiles,and erosion potential,the following provisions apply:
1. Until a regulatory floodway is adopted, no new construction,substantial development,or other development
Attachment 3 - 18
(including fill)shall be permitted within Zones Al-30 and AE, unless it is demonstrated that the cumulative
effect of the proposed development, when combined with all other development,will not increase the water
surface elevation of the base flood more than I foot at any point within the City of San Luis Obispo for
areas not identified for special consideration in the City's Drainage Design manual.
2. If the proposed development is within a designated In-fill area,Special Floodplain Management Zone or the
Mid-Higuera Specific Plan Area as defined by the Drainage Design Manual, the more stringent
requirements of the Manual apply.
3. Within an adopted regulatory floodway, the City of San Luis Obispo shall prohibit encroachments,
including fill, new construction, substantial improvements, and other development, unless certification by a
registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any
increase in flood levels during the occurrence of the base flood discharge.
4. If 17.84.050 F. 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 17.84.050.
17.84.060 Variance Procedure
A. Nature of variances.
The issuance of a variance is for floodplain management purposes only. Insurance premium rates are
determined by statute according to actuarial risk and will not be modified by the granting of a variance.
The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law
that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a
parcel of property with physical characteristics so unusual that complying with the requirements of this
ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The
characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic
must pertain to the land itself,not to the structure, its inhabitants,or the property owners.
It is the duty of the City Council to help protect its citizens from flooding. This need is so compelling and the
implications of the cost of insuring a structure built below flood level are so serious that variances from the
flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of
preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore,the
variance guidelines provided in this ordinance are more detailed and contain multiple provisions that must be
met before a variance can be properly granted. The criteria are designed to screen out those situations in which
alternatives other than a variance are more appropriate.
B. Conditions for variances.
1. Generally, variances may be issued for new construction, substantial improvement, and other proposed new
development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level, providing that the procedures of 17.84.040 and
17.84.050 of this ordinance have been fully considered. As the lot size increases beyond one-half acre,the
technical justification required for issuing the variance increases.
2. Variances may be issued for the repair or rehabilitation of"historic structures" (as defined in 17.84.020 of
this ordinance) upon a determination that the proposed repair or rehabilitation will not preclude the
structure's continued designation as an historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
a - S3
Attachment 3 - 19
3. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during
the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance is the "minimum necessary"
considering the flood hazard,to afford relief. "Minimum necessary" means to afford relief with a minimum
of deviation from the requirements of this ordinance. For example, in the case of variances to an elevation
requirement, this means the City Council need not grant permission for the applicant to build at grade, or
even to whatever elevation the applicant proposes, but only to that elevation which the City Council
believes will both provide relief and preserve the integrity of the local ordinance.
5. Any applicant to whom a variance is granted shall be given written notice over the signature of a community
official that:
a. The issuance of a variance to construct a structure below the base flood level will result in increased
premium rates for flood insurance up to amounts as high as$25 for$100 of insurance coverage,and
b. Such construction below the base flood level increases risks to life and property. It is recommended
that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the County
of San Luis Obispo Recorder and shall be recorded in a manner so that it appears in the chain of title of
the affected parcel of land.
6. The Floodplain Administrator will maintain a record of all variance actions, including justification for their
issuance, and report such variances issued in its biennial report submitted to the Federal Emergency
Management Agency.
C. Appeal board.
1. In passing upon requests for variances,the City Council shall consider all technical evaluations,all relevant
factors,standards specified in other sections of this ordinance,and the:
a. Danger that materials may be swept onto other lands to the injury of others;
b. Danger of life and property due to flooding or erosion damage;
c. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage
on the existing individual owner and future owners of the property;
d. Importance of the services provided by the proposed facility to the community;
e. Necessity to the facility of a waterfront location,where applicable;
f. Availability of alternative locations for the proposed use which are not subject to flooding or erosion
damage;
g. Compatibility of the proposed use with existing and anticipated development;
h. Relationship of the proposed use to the comprehensive plan and floodplain management program for
that area;
i. Safety of access to the property in time of flood for ordinary and emergency vehicles;
j. Expected heights, velocity, duration, rate of rise,and sediment transport of the flood waters expected at
the site;and
a -sem
Attachment 3-20
k. Costs of providing governmental services during and after flood conditions, including maintenance and
repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and
bridges.
2. Variances shall only be issued upon a:
a. Showing of good and sufficient cause;
b. Determination that failure to grant the variance would result in exceptional "hardship" to the applicant;
and
c. Determination that the granting of a variance will not result in increased flood heights, additional
threats to public safety, or extraordinary public expense, create a nuisance (see "Public safety and
nuisance"), cause "fraud and victimization" of the public, or conflict with existing local laws or
ordinances.
3. Variances may be issued for new construction, substantial improvement, and other proposed new
development necessary for the conduct of a functionally dependent use provided that the provisions of
17.84.060 C.1.through 17.84.060 CA. are satisfied and that the structure or other development is protected
by methods that minimize flood damages during the base flood and does not result in additional threats to
public safety and does not create a public nuisance.
4. Upon consideration of the factors of 17.84.060 B.1. and the purposes of this ordinance, the City Council
may attach such conditions to the granting of variances as it deems necessary to further the purposes of this
ordinance.
SECTION 2. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in the Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty (30)days after its final passage.
Attachment 3 -21
INTRODUCED on the day of 2006, AND FINALLY
ADOPTED by the Council of the City of San Luis Obispo on the day of
2006, on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jona . Lowell
City Attorney
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