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ORDINANCE NO. 804 (1979 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING
MUNICIPAL CODE ARTICLE IX, CHAPTER 8; FLOOD DAMAGE
PREVENTION REGULATIONS, SECTIONS 9804, 9805, 9812,
AND 9813.
BE IT ORDAINED by the Council of the City of San Luis Obispo as
SECTION 1. Municipal Code Article IX, Chapter 8, Sections 9804 and
9805 are hereby amended to read as follows:
"SECTION 9804. BASIS FOR ESTABLISHING THE AREA OF SPECIAL FLOOD HAZARD.
The areas of special flood hazards are identified by the Federal Insurance
Administration 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 City Council. National
Geodetic Vertical Datum of 1929 is the basis for the elevations in the report.
SECTION 9805. 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 (100) year shallow flooding; flood depth
of one to three feet (1 -31); product of flood depth (in feet) and velocity (feet
per second) less than 15. 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., 1, 2, or 3 feet.
In the AO zone, for flood plain management purposes, the lowest floor
(including basement) of new residential structures shall be one foot above
the flood elevation determined 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 base-
ment) must be floodproofed or raised one foot (11) above the flood elevation
determined in the same manner as described for residential structures.
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Ordinance No. 804 (1979 Series)
(b) A Zones (A -1 to A -30): Areas of one hundred (100) 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 (11) above the 100 year flood elevation.
Non - residential areasmay either have finished first floor elevations raised
• minimum of one foot (11) above the 100 year flood elevation or be floodproofed
• minimum of one foot (11) above the 100 year flood elevation.
(c) B Zones: Areas between limits of 100 year flooding and 500 year flood-
ing; areas of 100 year shallow flooding where depths are less than one foot (l').
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 100 year flooding elevations.
(d) C Zones: Areas outside of 500 year flooding. No flood insurance or
staff review for finished first floor slab height is required.
1' SECTION 2. Municipal Code Article IX, Chapter 8, Sections 9812 and
9813 are hereby amended to read as follows:
"SECTION 9812. DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER.
The duties of the City Engineer shall include, but are not limited to:
(a) Permit Review
(1) 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 in-
crease the water - surface elevation of the base flood more
than one foot at any point.
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Ordinance No. 804
(1979 Series)
(b) Use of Other Base Flood Data. When base flood elevation data has
not been provided in accordance with Section 9804, BASIS FOR ESTABLISHING
THE AREAS OF SPECIAL FLOOD HAZARD, 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 Sections 9815(a)
SPECIFIC STANDARDS, Residential Construction, and 9815(b) SPECIFIC STANDARDS,
Nonresidential Construction.
(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 habitable floor (including
basement) of all new or substantially improved structures.
(3) For all new or substantially improved floodproofed structures;
(aa) Verify and record the actual elevation (in relation to
mean sea level, 1929 NGVD), bid
(bb) Maintain the floodproofing certifications required in
Section 9815(b)(3).
(4). Maintain for public inspection all records pertaining to the
provisions of this chapter.
(d) Alteration of Watercourses.
(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 said 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, 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 Section 9813.
SECTION 9813. VARIANCE PROCEDURE.
(a) Appeals
(1) The City Council shall hear and decide appeals and requests for
variances from the requirements of this chapter.
(2) The City 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 City Council shall con-
sider all technical evaluations, all relevant factors, including
all possible environmental impacts, standards specified in other
sections of this chapter; and
(aa) The danger that materials may be swept onto other lands to
the injury of others;
(bb) The danger to life and property due to flooding or erosion
damage;
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Ordinance No. 804 (1979 Series)
(cc) The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage on
the individual owner;
(dd) The importance of the services provided by the proposed
facility to the community;
(ee) The necessity to the facility of a waterfront location,
where applicable;
(ff) The availability of alternative locations for the proposed
use which are not subject to flooding or erosion damage;
(gg) The compatibility of the proposed use with existing and
anticipated development;
(hh) The relationship of the proposed use to the general
plan.and flood plain management program of that area;
(ii) The safety of access to the property in times of flood for
ordinary and emergency vehicles;
(jj) The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters and the effects of
wave action, if applicable,,expected at the site; and
(kk) 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 sub-
stantial improvements to be erected on a lot of one -half acre or
less in size continguous to and surrounded by lots with existing
structures constructed below the base flood level, providing
items (aa) through (kk) of subsection (a)(3) above, 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 subsection (a)(3) above,
and the purposes of this chapter, the City 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 issued 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 of San Luis Obispo Historical & 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:
(aa) A showing of good and sufficient cause;
(bb) A determination that failure to grant the variance would
result in exceptional hardship to the applicant;.and
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Ordinance Nth. 804 (1979 Series)
• (cc) A determination that the granting of a variance will
not result in increased flood heights, additional
threats to public safety, or extraordinary public ex-
pense, and will not create nuisances, cause fraud on
or victimization of the public, cause any environmental
impact that cannot be mitigated, or conflict with exist-
ing 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 com-
mensurate with the increased risk resulting from the reduced
lowest floor elevation."
SECTION 3. This ordinance, together with the ayes and noes, shall be
published once in full, at least three (3) days before 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.
INTRODUCED AND PASSED TO PRINT at a regular meeting of the City Council
on the 3rd day of April , 1979, on motion of Councilman Jorgensen ,
seconded by Councilman Bond , and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
ATTEST:
lerk J. H. Fitzpatrick
Approved as to form: Approved as to content:
City Attorney City minis rativ fficer
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'City Em ineer
ly
ORDINANCE NO. 804
(1979 Series)
FINALLY PASSED this 17th day of April ,
1979., on motion of Councilman Dunin , seconded by
Councilman Bond , and on the following roll call
vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
ATTEST:
Jerk J.H. Fitzpatrick