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HomeMy WebLinkAbout875 floodplan mgt347 ORD I.X'ANCE ~;0. 875 .~Y ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDI);G DIVISION 9, CHAPTER 5 OF THE ENTITLED FLOODPLAIN ~.!ANAGEMENT The City Council of the City of Ukiah does ordain as follows: SECTIO?[ I. Chapter 5, Article i through Article 6, of Division 9 of the Ukiah City Code shall be amended to read as follows: CHAPTER 5 - FLOODPLAIN MANAGEMENT ARTICLE I - PURPOSE AND INTRODUCTION Section 9600 - Purpose: The purpose of this Article is to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions 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, stree6s 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 the City of Ukiah 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 expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. 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 ares. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. Section 9602 - Methods 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; 348 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 - DEFINITIONS 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 an any point. Section 9605 - "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this Chapter or a request for a variance. Section 9606 - "Area of shallow flooding" means a designated AO, AH or VO 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. Section 9607 - "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year (also called the "I00-vear Flood"). - Section 9608 - "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. Section 9609 - "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. Section 9610 - "Development" means any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, located within the area of special flood hazard. Section 9611 - "Flood" or "flooding" means a general and temporary condition of partial or com-~e inundation of normally dry land areas from: 1) the overflow of flood waters 2) the unusual and rapid accumulation or runoff of surface waters from any source, and/or 3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused bv waves or currents of water exceeding anticipated cyclical levels or suddenly - - 349 cause~ my an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. Section 9612 - "Flood Boundary and Floodway Map" means the official map on which the Federal Emergency Management Agency or the Federal Insurance Administration has delineated both the areas of flood hazard and ~he floodway. Section 9613 - Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or the Federal Insurance Administration has delineated both the special flood hazards and the risk premium zones applicable to the community. Section 9614 - "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map and the water surface elevation of the base flood. Section 9615 - "Floodplain or flood-prone" area means any land area susceptible to being inundated by water from any source (see definition of "flooding"). Section 9616 - "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. Section 9617 - "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and,erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reductiom. Section 9618 - "Floodproofin~" 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. Section 9619 - "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 (1) foot. Also referred to as "Regulatory Floodway". Section 9620 - "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 or cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. Section 962I - "Highest adjacent ~rade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Section 9622 - "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. Section 9623 - "Manufactured home" means a structure that 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. For floodplain management purposes the term "manufactured home" 350 also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than I80 consecutive days. Section 9624 - "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent. Section 9625 - "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. Section 9626 - "New construction" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a Floodplain Management regulation adopted by the City of Ukiah. Section 9627 - "One hundred year flood" or "I00-year flood" means a flood which has a one percent annual probability of being equalled or exceeded. It is identical to the "base flood", which will be the term used throughout this chapter. Section 9628 - "Person" means an individual or his/her agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or the State of California or its agencies or political subdivisions. Section 9629 - "Remedy a violation" means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this Chapter or otherwise deterring future similar violations, or reducing development. Section 9630 - "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Section 9631 - "Special flood hazard area (SFHA)" means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, Al-30, AE, A99, AH, VO, V1-V30, VE or V. Section 9632 - "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns 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. Section 9633 - "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. Section 9634 - "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 not that alteration affects the external dimensions of the structure. 351 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 National Register of Historic Places or a State Inventory of Historic Places. Section 9635 - "Variance" means a grant of relief from the requirements of this Chapter which permits construction in a manner that would otherwise be prohibited by this Chapter. Section 9636 - "Violation" means the failure of a structure or other development to be fully compliant with Ukiah's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Chapter is presumed to be in violation until such time as that documentation is provided. ARTICLE 3 - GENERAL PROVISIONS Section 9650 - Lands to which this ordinance applies: This Chapter shall apply to all special flood hazard areas within the City of Ukiah. Section 9651 - Basis for establishing the special flood hazard areas: The special flood hazard areas, identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Ukiah" dated January 19, 1982, with an accompanying Flood Insurance Rate Map is hereby adopted by reference and declared to be a part of this Chapter. ~he Flood Insurance Study is on file at City Clerk's Office, 300 Seminary Avenue, Ukiah. This Flood Insurance Study is the minimum area of applicability of this Chapter and may be supplemented by studies for other areas which a~llow implementation of this ordinance and which are recommended by the Floodplain Administrator. Section 9652 Compliance: No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this Chapter and other applicable regulations. Violations of the provisions of the Chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City of Ukiah from taking such lawful action as is necessary to prevent or remedy any violation. Section 9653 - Abrogation and greater restrictions: This Chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter and another Chapter, ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section 9654 - Interpretation: In the interpretation and application of this Chapter 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 statues. Section 9655 - Warning and disclaimer of liability: 352 The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods may occur on rare occasions. Flood heights may be increased by man made or natural causes. This Chapter does not imply that land outside special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the City of Ukiah, any officer or employee therof, or the Federal Insurance Administration, for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder. Section 9656 - Severability This Chapter and the various parts thereof are hereby declared to be severable. Should any section of the Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. ARTICLE 4 - ADMINISTRATION Section 9660 - Establishment of Development Permit: A Development Permit shall be obtained before construction or development begins within any special flood hazard area established in Section 9651. Application for a Development Permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, locations, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: (a) Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; in Zone AO or VO elevation of highest adjacent grade and proposed elevation' of lowest floor of all structures; (b) Proposed elevation in relation to mean sea level to which any structure will be floodproofed; (c) Ail appropriate certifications listed in Section 9662 of this Chapter; and, (d) Description of the extent to which any watercourse wilI be altered or relocated as a result of proposed development. Section 9661 - Designation of Floodplain Administrator: The Director of Community Development or his/her designee is hereby appointed to administer and implement this Chapter by granting or denying Development Permits in accordance with its provisions. Section 9662 - Duties and responsibilities of the Floodplain Administrator: Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to: (a) Permit review. (1) Review all development permits to determine that the permit requirements of the Chapter have been satisfied; (2) Ail other required State and Federal permits have been obtained; (3) The site is reasonably safe from flooding. (4) The proposed development does not adversely affect the carrying capacity of the floodway. For purposes of this Ordinance, "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. (b) Use of other Base Flood Data: When Base Flood elevation data has not been provided in accordance with Section 9651, obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer Article 5. 353 (c) ~.~enever a watercourse is to be altered or relocated: (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, (2) Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained. (d) Obtain and maintain for public inspection and make available as needed: (i) the certification required in Section 9665(c)(1)(floor elevations) (2) the certification required in Section 9665(c)(2)(elevations in areas of shallow flooding) (3) the certification required in Section 9665(c)(3)(elevation of flood proofing of non-residential structures); (4) the certification required in Section 9665(4)(a) or 9665(4)(b) (wet floodproofing standard) (5) the certified elevation required in Section 9667(b) (subdivision standards); (6) the certification required in Section ~9669 (floodway encroachments); (e) Make interpretations where needed as to the exact location of the boundaries of special flood hazard areas. The person contesting the locations of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article 6. (f) Take action to remedy violations of this ordinance as specified in Section 9652. ARTICLE 5 - PROVISIONS FOR FLOOD HAZARD REDUCTION Section 9665 - Standards of construction: In all special flood hazard areas the following standards are required: (a) Anchoring: (1) Ail new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structures resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (2) Ail manufactured homes shall meet the anchoring standards of Section 9668. (b) Construction materials and methods: (1) Ail new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; (2) Ail new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (3) Ail new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (4) Require within Zones AH, AO, or VO, adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. 354 (c) Elevation and floodproofing: (1) New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential st,ructures may meet the standards in Section 9665(c)(3). Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the Building Official to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. (2) New construction and substantial improvement of any structure in Zone AH, AO, or VO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIR>~, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in Section 9665(c)(3). Upon completion of the structure, the elevation of the lowest floor including basement shall be certified bv a registered professional engineer or surveyor or verified by the Building Official to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. (3) Nonresidential construction shall either be elevated in conformance with Section 9665(c)(1) or (2) or together with attendant utility and sanitary facilities: aa) be floodproofed 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 hydrodynamic loads and effects of buoyancy; and cc) be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator. (4) Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a) Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or b) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration. (5) Manufactured homes shall also meet the standards in Section 9668. Section 9666 - Standards for utilities: (a) Ail new and replacement water supply and sanitary sewage svstems shall be designed to minimize or eliminate infiltration of flood water~ into the system and discharge from systems into flood waters; (b) On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 355 Section 9667 - Standards for subdivisions: (a) .Ail preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. (b) Ail final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the'final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. (c) Ail subdivision proposals shall be consistent with the need to minimize flood damage. (d) Ail subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (e) Ail subdivision proposals shall provide adequate drainage to reduce exposure to flood hazards. Section 9668 - Standards for Manufactured homes: Ail new and replacement manufactured homes and additions to manufactured homes shall: (a) Be elevated so that the lowest floor is at or above the base flood elevation; and (b) Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement. Section 9669 - Floodways: Located within special flood hazard areas established in Section 9651 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters 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 not result in any increase in flood levels during the occurrence of the base flood discharge. (b) If Section 9669(a) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. (c) If no floodway is identified then a setback of 20 feet from the bank(s) of the watercourse will be established where encroachment will be prohibited. ARTICLE 6 - APPEAL ~ND VARIANCE PROCEDURE Section 9670 - Appeals: (a) The Planning Commission of the City of Ukiah shall hear and decide appeals and requests for variances from the requirements of this Chapter. (b) The Planning Commission 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 Chapter. (c) In passing upon such appeals, the Planning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of the Chapter, and: (1) the danger that materials may be swept onto other lands to the injury of others; (2) the danger to life and property due to flooding or erosion damage; (3) the susceptibility of the proposed facility and its 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; o .. 356 (6) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (7) the compatability of the proposed use with existin~ and anticipated development; (8) the relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) the safety of access to the property in times of flood for ordinary and emergency vehicles; (10) the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site; and, (!1) 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. (d) Appeals shall be made in writing to the Director of Community Development not less than eight (8) days prior to the Planning Commission meeting date at which this matter would be heard as a regular agenda item. Section 9671 - Variances: (a) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (1-11) in Section 9670(c) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. (b) Upon consideration of the factors of Section 9670(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 Floodplain 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 9672 - Conditions for variances: (a) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic 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 the variance is the minimum necessary, considering the flood hazard, to afford relief; (d) Variances shall only be issued upon: (1) a showing of good and sufficient cause; (2) a determination that failure to 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 increase flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (e) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of Section 9672(a) through 9672(d) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. 357 (f) 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 regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the Floodplain Administrator in the office of the Mendocino County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. SECTION 2. This Ordinance shall be published as required by law in a newspaper of general circulation published in the C~.ty of Ukiah. SECTION 3. This Ordinance shall become effective thirty (30) days after its adoption. PASSED AND ADOPTED this 4th day of May , 1988, by the following roll call vote. AYES: NOES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson None ABSENT: None ABSTAIN: None ayor ATTEST: