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HomeMy WebLinkAbout1093s R ORDINANCE NO. 1093 (1987 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING MUNICIPAL CODE CHAPTER 17.84, FLOOD DAMAGE PREVENTION REGULATIONS WHEREAS, the Federal Emergency Management Agency, Flood Insurance Administration, adopted revisions to the National Flood Insurance Program on August 25, 1986 in order to further reduce future flood damages, and WHEREAS, the City of San Luis Obispo is required to amend its current Flood Damage Prevention Regulations to bring it into conformity with said revisions, in order to remain in the National Flood Insurance Program. NOW THEREFORE BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Municipal Code Chapter 17.84, Subsections 17.84.030 -F, G, L, N, 0, Q, R, and S, and Subsection 17.84.160 -C are hereby repealed; SECTION 2. Municipal Code Chapter 17.84,.Sections 17.84.030 -H, I, J, K, M, P, T, and U, 17.84.050, 17.84.060B, C and D, 17.84.070 -A, 17.84.080, 17.84.110 -A, 17.84.140 -B, 17.84.150 -A, B, D, 17.84.160 -A, B, C, and 17.84.170 -B and C are hereby amended to read as follows: 17.84.030 Definitions. F. "Five- hundred - year - flood" means the flood having a two- tenths percent chance of being equalled 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: 1. Overflow of inland waters; and /or 2. The unusual and rapid accumulation or runoff of surface waters from any source. I. "Flood Insurance Rate Map (FIRM)" means the official map on which the Flood Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. 0 1093 Ordinance No. 1093 (1987 Series) Page Two. J. "Flood Insurance Study" means the official report provided in which the Flood Insurance Administration has provided flood profiles, as well as the Flood Hazard Boundary - Floodway Map and the water surface elevation of the base flood. 0. " 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. 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. CC. "Substantial improvement" means any repair, reconstruction or improvement of a structure, the cost (cumulatively, within any two -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 dimentions 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 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. 17.84.050 Basis for establishing the area of special flood hazard. The areas of special flood hazards are identified by the Flood Insurance Administration of Federal Emergency Management Agency in a scientific and engineering report entitled "The 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. Ordinance No. 1093 (1987 Series) Page Three. 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. 17.84.060 Areas of special flood hazard and their insurance criteria. B. A Zones (A -1 to A -30, or AE): Areas of one - hundred year flooding; base flood elevations and flood hazard factors have been determined. 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 flood 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 flood slab height is required. 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. 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 of San Luis Obispo from taking such lawful action as is necessary to prevent or remedy any violation. Ordinance No. 1093 (1987 Series) Page Four. 17.84.110 Development permit -- Required -- Information required. A. Elevation in relation to mean sea level, using 1929 (NGVD), of the lowest floor (including basement) of all structure; in Zone A0, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures. 17.84.140 Variance procedure 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 Sections 17.84.140 -B.1 through 17.84.140 -B.4 are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. Ordinance No. 1093 (1987 Series) Page Five. 17.84.150 General standards for flood hazard reduction. 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. Require within Zone AH or AO adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. D. Subdivision Proposals. 1. 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. Ordinance No. 1093 (1987 Series) Page Six. 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. 17.84.160 Special standards. A. Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to at least one foot above base elevation or at least one foot greater than the depth number above the highest adjacent grade in AO zones. B. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to 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; or together with attendant utility and sanitary facilities, shall: 1. Be floodproofed to one foot above the base flood level or one foot greater than the depth number above the highest adjacent AO zones so that the structure, including utilities and plumbing facilities, is watertight with walls substantially impermeable to pressure of water. 2. Have structural components of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and at least grade in the 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 having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided, the bottom of all openings shall be no hid her than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices 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. Ordinance No. 1093 (1987 Series) Page Seven. 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. 17.84.170 Floodways -- Applicable provisions. 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. SECTION 3. Municipal Code Chapter 17.84, Sections 17.84.030 -H, K, L, M, N, P, Q, R, S, T, V, W, X, Y, Z, AA, BB, CC, EE, 17.84.085, 17.84.105, 17.84.130 -F, 17.84.150 -B.3 AND 4, 17.84.160 -C are hereby added to read as follows: 17.84.030 Definitions 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. 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 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 ordinange) 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. Ordinance No. 1093 (1987 Series) Page Eight. 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. 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 floor" 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 non - elevation design requirements of this ordinance. 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 flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 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. V. "One hundred year flood" or 100 -year flood" means a flood which has a one percent annual probability of being equalled or exceeded. It is identical to the "base flood," which will be the term used throughout this ordinance. W. "Person" means an individual or his 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 the ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. i Ordinance No. 1093 (1987 Series) Page Nine. Y. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Z. "Special flood hazard area (SFHA)" means an area having special flood hazards and shown on an FHBM or FIRM as Zone A, A0, Al -30, AE, A99, or AH. AA. "Start of construction" 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 180 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 a manufactured home. 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 ordinance is presumed to be in violation until such time as that documentation is provided. 17.84.130 Duties and responsibilities of City Engineer. F. Take action to remedy violations of these regulations as specified in Section 17.84.080. 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 ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 17.84.105 Severability. These regulations 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. Ordinance No. 1093 (1987 Series) Page Ten. SECTION 4. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published at least five (5) days prior to its final passage in the Telegram- Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. INTRODUCED AND PASSED TO PRINT at a regular meeting of the City Council on the 21st day of July 1987, on motion of Councilwoman Rappa seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: Councilman Settle � ■ter � YOR RON DUNIN ATTEST: Q.,W, L9r_-CjeS6 CITY LERK PAM VOGE Ordinance No. 1093 (1987 Series) Page Eleven. Approved as to form: City Attor VY Approved as to content: City A ministrative Officer Public Works Director Community Development Director jkspec /flood by 7-7- ORDINANCE NO. 1093 (11987 Series) FINALLY PASSED this 4th day of August , 19 , on motion of Councilman Settle , seconded by Councilwoman Dovey . and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None Mayor Ron unin ATTEST: � 1 ) �" City lerk Pam V. s J9