HomeMy WebLinkAbout789 Flood Plain Management~ ., ,.,
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oPDI^;A,:cE ;:o. 789
ORDI:TA2dCE OF THE CITY COUNCIL OF THE CITY OF
UKIAH ADDING CHAPTER S TO DIVISION 9 OF THE
1R:IAH 91iP7ICIPAL COD F., FLOOD PLAN `fAS`AGE>1°?.T
The City Council of the Ci[y of L'kiah does ordain as follows:
Section 1. The Ukiah 4funicipal Code of the City of U'.<iah is
hereby amended to add Chapter 5 to Division 9 of said Code as folluvs:
CHAPTER S - FLOOD PLAIN aA4AGE`IENT
ARTICLE 1 - PURPOSE AND INTRODUCTION
Section 9600 - Purpose:
The purpose of this ArCicle is to promote the public health, safely and
general welfare and to minimize public and private losses due to `.lood
conditions in specific areas by provisions designed:
. To protect human life and health;
. To minimize expenditure of public money for costly flood control
projects;
. To minimize the need for rescue and relief efforts associated with
flooding and. generally undertaken at the expense of the general
public;
. To minimize prolonged business interruptions;
. To minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets and
bridges located in areas of special flood hazard;
. To help maintain a stable tax base by providing for the second use
and development of areas of special flood hazard so as to minimize
future flood blight areas;
. To insure that potential buyers are notified that property is in an
area of special flood hazard; and,
. To insure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
Section 9601 - Findings of Fact:
The flood hazard areas of [he City of L'kiah are subject to periodic
inundation which may result in loss of life and property, health and safety
hazards, disruption of commerce and governmental services, extraordinary
public expeditures for flood protection and relief and impairment of the [ax
base, all of which adversely affect the public health, safety and general
welfare.
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These flood losses are caused by the cumulative effect of obstructions
in areas of special flood hazards which increase flood heights and
velocities, and when inadequately anchored, damage uses in other Treas.
Uses that are inadequately floodproofed, elevated or otherwise protected
from flood damage also contribute to the flood loss.
Section 9602 = 2tethods Of Reducing Flood Losses:
In order to accomplish its purposes, this ordinance includes methods
and provisions for:
. Restricting or prohibiting uses which are dangerous to health,
safety, and property due to water or erosion hazards or which
result in damaging increases in erosion or in flood heights or
velocities;
. Requiring that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
. Controlling the alteration of natural flood plains, stream channels
and natural protective barriers, which help accommodate or channel
flood waters;
. Controlling filling, grading, dredging and other development which
may increase flood damage; and,
. Preventing or regulating the construction of flood barriers which
will unnaturally divert flood waters or which may increase flood
hazards in other areas.
ARTICLE 2 - DEFI;IITIONS
Section 9603
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.
Section 9604 - "Adversely affects" 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 one foot at any point.
Section 9605 - "Area of shallow flooding" mews a designated AO or ':0 Zone
on the Flood Insurance Rate ?Sap (FIR:4). 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.
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Section 9606 - "Area of special flood hazard" ^.eans the land in the flood
plain within a community subject to a one percent or greater chance of
Flooding in any given year. This area is designated as Zone .1, .y0, AH,
Al-30, VO and V1-30 on the FIRt1.
Section 9607 - "Base flood" means the flood having a one ?ercer.t chance of
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being equalled or exceeded in anv gi•:en ~•=_ar.
Section 9608 - "Development" weans anv manmade chance to improved or
unimproved real estate, including but ^ot Limited to buildings or other
structures, mining, dredging, fill in„ grading, paving, excavation or
drilling operations located within the area of special flood hazard.
Section 9609 - "Existing mobile home oar's or mobile home subdivision" Weans
a parcel (or contiguous parcels) of land divided into two or more mobile
home lots for rent or sale for which the construction of facilities for
servicing the lot on which the mobile home is to be affixed (including, at a
minimum, the installation of utilities, either final site grading or the
puring of concrete pads, and the construction of streets) is completed
before the effective date of this ordinance.
Section 9610 - "Esnansion to an existing mobile home park or mobile home
subdivision" means the preparation of additional sites by the construction
of facilities for servicing the lots on which the mobile homes are to be
affixed (including the installation of utilities, either final site grading
or pouring of concrete pads, or the construction of streets).
Section 9611 - "Flood" or "flooding" means a general and temporary condition
of partial or complete inundation of normally dry land areas iron:
1) The overflew of inland cr tidal waters and, or
2) The unusual and rapid accumulation of runoff of surface waters
from any source.
Section 9612 - "Flood noundarv Flood:oav :iaa" ^eans the official map on which
the Federal Insurance Administration has delineated both the areas of flood
hazard and the floodway.
Section .9613 - "Flood Insurance Rate _tap (FI?~4)" Weans the official map on
which the Federal Insurance Administration has delineated both the areas of
special flood hazards and the risk premium zones applicable to Che
community.
Section 9614 - "Flood Insurance Studv" means the official report provided by
the Federal Insurance Administration that includes flood profiles, [he FIRt4,
the Flood Boundary Floodway `fap and the water surface elevation of the base
flood.
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Section 9615 - "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 caithout cumulatively increasing [he water surface elevation ^ore
than one (1) foot. The floodway is delineated on the Flood 3oundary
Floodway Map.
Section 9616 l "Habitable floor" means any floor usable foz living purposes
which includes working, sleeping, eating, cooking or recreation, or a
combination thereof. A floor used only for storage purposes is not a
"habitable floor."
Section 9617 - "ptobile home" means a structure Chat is transportable in one
or more sections, built on a permanent chassis and designed to be used with
or without a permanent foundation when connected to the required utilities.
It does not include recreational vehicles or travel trailers.
Section 9618 - "New construction" means structures for which the "start of
construction" commenced on or after the effective date of this ordinance.
Sec ion 9619- - "New mobile home park or mobile home subdivision" means a
parcel (or contiguous parcels) of land divided into two or no re mobile home
lots for rent or sale for which the construction of facilities or servicing
the lot (including, at a minimum, the installation of utilities, either
_ final site grading or the pouring of concrete pads and the construction of
streets) is completed on or after the effective date of this ordinance.
Section 9620 - "Start of construction" means the firs[ placement of
permanent construction of a structure (other than a mobile home) on a site,
such as the puring of slabs or footings or any work beyond the stage of
excavation. 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 as part of the main
structure. For a structure (other than a mobile home) without a basement or
pured footings, the "start of construction" includes the first permanent
framing or assembly of the structure or any part thereof on its piling or
foundation. For mobile homes not within a mobile home park or mobile home
subdivision, "start of construction" is the date on which the construction
of facilities for servicing the site on which the mobile home is to be
affixed (including), at a minimum, the construction of streets, either final
site grading or the pouring of concrete pads and installation of utilities)
is completed.
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Section 9621 - "Structure" means a walled and roofed building or mobile home
that is principally above ground.
Section 9622 - "Substantial improvement" means any repair, reconstruction or
improvement of a structure, the cost of which equals or exceeds 50 percent
of the market value of the structure either:
before the improvement or repair is started, 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 rot that alteration affects the external
dimensions of the structure.
The term does not, however, include either:
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
any alteration of a structure listed on the "7ational Register of
Historic Places or a State Inventory of Historic Places
ARTICLE 3 - GENERAL PROPISIONS
_ Section 9630 - Lands to which this ordinance applies:
This ordinance shall apply to all areas of soecial flood hazards within
the City of Ukiah.
Section 9631 - Basis for establishing the areas of special flood hazard:
The areas of special flood hazard identified by the Federal Insurance
Administration in a scientific and engineering report entitled "The Flood
Insurance Study for the City of Ukiah" dated January 19, 1932, with an
accompanying Flood Insurance Rate Pfap is hereby adopted by reference and
declared to be a part of this ordinance. The Flood Insurance Study is on
file at City Clerk's Office, 203 S. School Street, L'kiah.
Section 9632'- 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.
Section 9633 - Abrogation and greater restrictions:
This ordinance is not intended to reveal, 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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Section 9634 - Interpretation:
In the interpretation and application of this ordinance, all provisions
shall be:
. Considered as minimum requirements;
. Liberally construed in Favor of the governing body; and
. Deemed neither to limit nor repeal any other powers granted under
state statutes.
Section 9635 - k°arning 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 may occur on rare cccasions.
Flood heights may be increased by manmade 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 par[ of the City of Okiah,
any officer or employee thereof, or the Federal Insurance Administration,
for any flood damages that result reliant on this ordinance or any
administrative decision lawfully made thereunder. -
ARTICLE 4 - AD:SI:~ISTR1T10:1
Section 9640 -Establishment of Flood Hazard Development Permit:
A Flood Hazard Development Permit shall be obtained before construction
or development begins within any area of special flood hazard established in
Section 8640 b). Application for a Flood Hazard Development Permit shall be
made on forms furnished by the Director of Community Development and shall
include, but not be limited to, plans in duplicate drawn to scale showing
the nature, location, dimensions and elevation of the area in question;
existing or proposed structures, fill, storage of materials, drainage
facilities; and the location of the foregoing. The following information is
also required:
(a) Proposed elevation in relation to mean sea level of the lowest
habitable floor (including base..^_ent) of all structures; in Zone
AO elevation of existing grade and proposed elevation of lowest
habitable floor of all structures;
(b) Proposed elevation in relation to mean sea level to which any
structure will be floodproofed;
(c) Certification by a registered professional engineer or architect
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that the floodproofing methods for any nonresidential structure
meet the floodproofing criteria in Section 36i0(c)(3); Ind,
(d) Description of the extent to which any watercourse will be
altered or relocated as a result of proposed developcen[.
Section 9691 - Designation of Flood Hazard Administrator:
The Difector of Community Development or his(her designee is hereby
appointed to administer and implement this ordinance by granting or denying
Flood Hazard Development Permits in accordance with its provisions.
Section 9642 - Duties and responsibilities of the Flood Hazard
Administrator:
Duties of the Flood Hazard Administrator shall include, but no limited
to:
(a) Permit review:
(1) Review all development permits to determine that the permit
requirements of this ordinance have been satisfied;
(2) Review all oermits to determine that [he site is reasonably
safe from flooding;
(3) Review all development permits to determine if the proposed
development adversely affects the flood carrying capacity
of [he area of special flood hazard.
(b) Use of other Base Flood Data: Obtain, review and reasonably
utilize any base flood elevation data available from a federal, state or
other source when base flood elevation data has not been provided in
accordance with Section 9604 b) in order to administer Article 5.
(c) Information to be obtained and maintained: Obtain and maintain
for public inspection and make available as needed for Flood Insurance
Polices:
(1) The certified elevation required in Section 8650(c)(1);
(2) The certification required in Section 8650(0)(?);'
(3) The floodproofing certification required in Section
8650(c)(3);
(4) The certified elevation required in Section 8653(6);
(d) Alteration of water courses:
(1) Notify adjacent communities and the California Department
of Water Resources prior to any alteration or relocation of
a watercourse and submit evidence of such notification to
the Federal Insurance Administration; and,
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(?) Require that [he flood carr:in~ capacity of the altered or
relocated portion of said watercourse is nain[ained.
(e) Interpretation of FIPM boundaries: :;eke interpretations where
needed as to the exact location of the boundaries of the areas of special
flood hazards.
ARTICLE 5 - PROVISIONS FOR FLOOD PAZARD REDL'CTIO:I
Section 9650 - Standards of construction:
In all areas of special flood hazards the following standards are
required:
(a) Anchoring:
(1) All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement
of the structure;
(2) All mobile homes shall meet the anchoring standards of
Section 9654(a).
(b) Construction materials and methods:
(1) All new construction and substantial improvements shall be
constructed witfi materials and utility equipment resistant ~--
to flood damage;
(2) All new construction and substantial imvro~•a^..encs shall be
constructed using methods and aractices that minimize
flood damage.
(c) Elevation and floodprooiing:
(1) New construction and substantial impreyement of any structure
shall have the lowest habitable `_lood, including basement,
elevated to or above the base flood elevation.
\onresidential structures may meet the standards in Section
8650(c). Cpon completion of the structure, the elevation
of the lowest habitable floor includinG basemen[ shall be
certified by a registered professional engineer or surveyor.
(Z) Yew construction and substantial ir..nrovement of any structure
in Zone AO shall have the lowest floor, including basement,
elevated to or above the depth .number specified on the FIRPt.
If there is no depth nunber on the FIR:1, the lowest floor,
including basement, shall be elevated one foot above the
crown of the nearest street. :lonresidential structures may
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meet the standards in Section 8650(c)(3). Upon completion
of the structure, a registered professional engineer shall
certify [hat the elevation of the structure meets this
standard;
(3) yr'onresidential construction shall either be elevated in
confomance with Section 8650(c)(1) or (°_) or together with
attendant utility and sanitary facilities:
aa) Be floedproofed so that below the base flood level
the structure is watertight with walls substantially
impermeable to the passage of water;
bb) Have structural components capable of resisting
hydrostatic and hvdrodvnamic loads and effects of
buoyancy; and
cc) Be certified by a registered professional engineer
or architect that the standards of this subsection are
satisfied.
(4) Mobile homes shall meet the above standards and also the
standards in Section 8654.
Section 9651 - Standards for storage of materials and equipment:
(a) The storage or processing of materials that are in time of
flooding buoyant, flammable, explosive, or could be injurious co human,
animal or plant life is prohibited;
(b) Storage of other material or equipment may be allowed if not
subject to major damage by floods and firmly anchored to prevent flotation
or if readily removable from the area within the time available after flood
warning.
Section 9652 - Standards for utilities:
(a) All new and replacement water supply and sanitary sewage systems
shall be designed to minimize or eliminate infiltration of flood waters into
the system and discharge from systems into flood waters;
(b) Onsite waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
Section 9653 - Standards for subdivisions:
(a) All preliminary subdivision proposals shall identify the flood
hazard area and the elevation of the base flood.
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(b) 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;
(c) All subdivision proposals shall Se consistent with the need to
minimize flood damage;
(d) All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical and Tatar systems located and
constructed to minimize flood damage;
(e) All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage.
Section 9654- Standards for mobile homes and nobile hone parks and
subdivisions:
(a) Anchoring: All mobile homes and additions to nobile hones shall
be anchored to resist flotation, collapse or lateral novemenc by one of the
following methods:
(1) By providing an anchoring system designed co withstand
Horizontal forces of 25 pounds per square foot and up lift forces of 15
pounds per square foot;
(2) By providing over-the-top and frame ties to ground anchors.
Specifically:
aa) Over-the-ton ties be provided ac each of the four
corners of the mobile home, with two additional ties
per side ac intermediate Locations, with nobile homes
less than 50 feet long require only one additional
tie per side;
bb) Frame ties be provided at each corner of the home with
five additional ties per side at intermediate points,
with mobile homes less than 50 feet long require only
four additional ties per side; and,
cc) All components of the anchoring system be capable of
carrying a force of 4,300 pounds.
(b) ?tbile home parks and nobila home subdivisions: The following
standards are required for (a) nobile hones not placed in nobile home parks
or subdivisions, (b) new mobile home aarks or subdivisions, (c) expansions
to existing mobile hone parks or subdivisions and (d) repair, reconstruction
or improvements to existing mobile home parks or subdivisions that equals or
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exceeds 50 percent of the value ~f the streets, utilities and pads before
the repair, reconstruction or improvement conmer.ced.
(1) Adequate suriac_ drainage and access for a hauler shall be
provided;
(2) All r..obilc hones s:^.all Se placed on pads or Lots elevated on
.~comnacted 'i11 or on pilings so that the Iowest floor of the
mobile hone is at nr above the base flood level. If elevated
on pilings:
(aa) The lots shall b_ large enough to permit steps;
(bb) the pilings shall Se ?laced in stable soil no more
than ten .set apart; and,
(cc) Reinforcement shall be provided for pilings more than
six fee[ above the ground level.
(c) No mobile home shall Se placed in a floodway, except in an
existing mobile home park or existing mobile home subdivision.
Section 9655 - Floodwavs:
Located within areas of special flood hazard established in Section
8631 are areas designated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of flood caters which carry debris,
potential projectiles and erosion potential, the following provisions apply:
(a) Prohibit encroachments, including fill, new construction,
substantial improvements and other development unless certification by a
registered professional engineer or architect is provided demonstrating that
encroachments shall no[ result in any increase in flood Levels during the
occurrence of the base flood discharge;
(b) Prohibit the piacement of any mobile hor_es except in an existing
mobile home park or subdivision;
(c) If Sections 8655(a) and 8655(b) are satisfied, all new
construction and substantial improvements shall comply with all applicable
flood hazard reduction provisions of Article S, Provisions For Flood Hazard
Reduction.
(d) If no floodway is identified then a setback of 20 feet from the
bank(s) of the watercourse will be established ~+here encroachment will be
prohibited.
:1RTICLE 6 - ,1PPEr1L .\`D V,1RI;~VCc ="CCCDi:2E
Section 9656 - Appeals:
(a) Anyone dissatisfied with an interpretacioa or sction of the Flood
Hazard Administrator may appeal that decision co the Planning Commission.
(b) The Planning Commission shall hear and deciie appeals ~dhen it is
alleged there is an error in any requirement, decision or determination Wade
by the Flood Hazard Administrator in the enforcement or adainistration of
this ordinance.
(c) In passing upon such aoplicaeiens, the ?lar.nin~ Coca fission shall
consider all technical evaluations, all relevant factors, standards
specified in other sections of this ordinance, and:
(1) The danger that ;-aterials env Se swept cnco other 'ands to
the injury of ochecs;
(2) The danger to life and property: due to f'_ooding or erosion
damage;
(3) The susceptibility of the proposed facility and ics contents
to flood damage and the effect of such damage on the
individual owner;
(4) The importance of the services provided by the proposed
facility to the community;
(5) The necessity to the facility of a waterfront location, where
applicable;
(6) The availability of alternative locations for the proposed
use which are not subject to floodin;, or erosion damage;
(7) The comparability of the proposed use with existing and
anticipated development;
(8) The relationship of the proposed use Co the comprehensive
plan and flood plan management program for that area;
(9) The safety of access to [he property in times of flood for
ordinary and emer~encv vehicles;
(10) Tha e:cpecCed heights, velocity, duration, rate of rise and
sediment Cransport of [he flood waters and the effects of
wave action, if applicable, expected at the site; and,
(11) The costs of nrovidin.g 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.
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(d) Appeals shall be made in cariting to the Director of Community
Development not less than eight (8) days onion to the meeting date at which
this marten would be heard as a regular agenda item.
Section 9657 _ Variances:
(a) Generally, variances mac be issued for new construction and
substantial improvements to be erected or. a lot of one-half acre or less in
size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing items (1-11) in Section
9656 (c) have Seen fully considered. :,s tF.e lot size increases Sevend
one-half acre, the technical justification reeuired for issuing the variance
increases.
(b) Upon consideration of the factors of Section 9656(c) and the
purposes of this ordinance, the Planning Commission may attach such
conditions to the granting of variances as it deems necessary to further the
purposes of this ordinance.
(c) The Flood Hazard Administrator shall maintain the records of all
appeal actions and report any variances to the Federal Insurance
Administration upon request;
(d) Variances from these regulations shall be considered in the same
manner as prescribed in Section 9208 et seq.
Section 9658 - Conditions for variances:
(a) Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listad on the Yational Register of :Iistoric Places
or the State Inventory of Historic Places without regard to the procedures
set forth in the remainder of this section;
(b) Variances shall not be issued within any designated floodway if
any increase in flood levels during the base flood discharge would result;
(c) Variances shall only be issued upon a determination that [he
variance is the minimum necessary, considering the flood hazard, to afford
relief;
(d) Variances shall only be issued upon:
(L) A showing of good and sufficient cause;
(2) A determination that failure [o grant the variance would
result in exceptional hardship to the applicant; and
(3) A determination that the granting of a variance will not
result in increased flood heights, additional threats to
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public safety, e>araordinary public expense, create
nuisances, cause fraud on or victiaization of the public
or conflict with existing local laws or ordinances.
(e) Any applicant [o whop a variance is pranced 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 cormnensurate with the increased risk resulting frori the
reduced lowest floor elevation.
Section 2. This ordinance shall be published as required by law.
Section 3. ihis ordinance shall be effective 30 days after
adoption.
PASSED AND ADOPTED THIS 16th day of June 1982, by
the following roll call vote:
AYES: Councilmembers Hickey, Feibusch, Snyder, Riley, "iyers
NOES: None
ABSENT: Plone
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:~L~Y OR
ATTEST:
T/ li/ ~i/~/ / .LP. /~.~
CITY CLERK