HomeMy WebLinkAbout1494ORDINANCE NO. 1494 (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
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.
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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, 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.
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"A zone" - see "Special flood hazard area ".
"Accessory structure" means a structure that is:
1. Solely for the parking of no more than 2 cars; or
2. A small, low cost shed for limited storage, less than 150 square feet and $1,500 in value.
"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which
it is located.
"Alluvial fan" means a geomorphologic feature characterized by a cone or fan - shaped deposit of boulders, gravel,
and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on
the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment
movement and deposition, and channel migration.
"Apex" means 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, Al
30, VE and V1 -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.
"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).
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"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 resulting from flood - related
erosion.
"Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency
Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and
the floodway.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
"Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes
flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface
elevation of the base flood.
"Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source -
see "Flooding."
"Floodplain Administrator" 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.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to
structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins
TB 1 -93, TB 3 -93, and TB 7 -93.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
Also referred to as "Regulatory Floodway."
"Floodway fringe" 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.
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"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:
3. 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;
4. 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;
5. 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
6. 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.
"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.1.;
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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 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, 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."
"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:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self - propelled or permanently towable by a light -duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,
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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 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 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.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
"Substantial improvement" means:
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:
1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or
Ordinance No. 1494 (2006 Series)
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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.
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.
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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 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;
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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.
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:
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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.1. (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 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
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 fully compliant with the floodplain management ordinance and
other City requirements.
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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;
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. 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.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.
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.
Ordinance No. 1494 (2006 Series)
Page 13
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 Floodproofing.
a. Residential construction.
All new construction or substantial improvements of residential structures shall have the lowest floor,
including basement:
i. 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:
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
Ordinance No. 1494 (2006 Series)
Page 14
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:
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 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 base flood elevation (BFE), provided the structure is designed and constructed in
accordance with the following requirements:
Ordinance No. 1494 (2006 Series)
Page 15
(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
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 A.3.
(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.
3. All subdivision proposals and other proposed development shall have public utilities and facilities such as
Ordinance No. 1494 (2006 Series)
Page 16
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 floodproofing 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 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
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.1.
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:
Ordinance No. 1494 (2006 Series)
Page 17
1. 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 1 foot at any point within the City of San Luis Obispo.
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.
3. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during
the base flood discharge would result.
Ordinance No. 1494 (2006 Series)
Page 18
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
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.
Ordinance No. 1494 (2006 Series)
Page 19
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 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.
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.
INTRODUCED on the 18th day of July 2006, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 1st day of August 2006, on the following roll call
vote:
AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle, and
Mayor Romero
NOES: None
ABSENT: None
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Ordinance No. 1494 (2006 Series)
Page 20
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Mayor David F. Romero
ATTEST:
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Audrey Hoo
City Clerk
hereby ceift that this doannsnt is a truf
APPROVED AS TO FORM: and acxurate orlpinal d finance No. l..,.:� 1,
and that the ordinance was published pursuant
to Charter $ lore
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Jonathan P. Lowell
City Attorney