HomeMy WebLinkAbout1259 - Floodplain Management Urgency OrdinanceORDINANCE NO. 1259
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS
SECTIONS OF THE UKIAH CITY CODE TO RE -ADOPT THE MOST RECENT CALIFORNIA
BUILDING STANDARDS CODE PROVISIONS REGARDING FLOODPLAN MANAGEMENT; TO
ADOPT FLOOD HAZARD MAPS; TO DESIGNATE A FLOODPLAIN ADMINISTRATOR; AND TO
ADOPT ADDITIONAL FLOODPLAIN MANAGEMENT REGULATIONS.
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE. FINDINGS
WHEREAS, 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
WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas
within the boundaries of the City of Ukiah and such areas may be 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,
and
WHEREAS, the City of Ukiah was accepted for participation in the National Flood Insurance Program
on July 19, 1982 and the City Council of the City of Ukiah desires to continue to meet the requirements
of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and
WHEREAS, pursuant to the California Health and Safety Code, Division 13, Part 1.5 and Part 2.5,
the City of Ukiah is required to administer and enforce the California Building Standards Code, and
such building codes contain certain provisions that apply to the design and construction of buildings
and structures in flood hazard areas; and
WHEREAS, the City Council of the City of Ukiah has determined that it is in the public interest to
adopt the proposed floodplain management regulations that are coordinated with the California
Building Standards Code.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Ukiah that the following
floodplain management regulations are hereby adopted.
SECTION TWO.
A new Article 1, entitled SCOPE AND ADMINISTRATION, is added to Division 9, Chapter 6,
entitled FLOOD PLAIN MANAGEMENT, of the Ukiah City Code and shall read as follows:
9600 TITLE
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The regulations set forth in this Chapter, in combination with the flood provisions of California Code
of Regulations Title 24, the California Building Standards Code (hereinafter "Building Codes,"
consisting of the Part 2 (building) and Part 2 Appendix G (hereinafter "Appendix G"), Part 2.5
(residential), and Part 10 (existing building), shall be known as the Floodplain Management
Regulations of the City of Ukiah (hereinafter "these Regulations").
_ 9601 STATUTORY AUTHORITY
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.
9602 SCOPE .
These Regulations, in combination with the flood provisions of the Building Codes shall apply to all
proposed development in flood hazard areas established in Section 9616 of these Regulations
.§ 9693.PURPOSES AND OBJECTIVES
The purposes and objectives of these Regulations and the flood load and flood resistant construction
requirements of the building codes are to promote the public health, safety and general welfare and
to minimize public and private losses due to flood conditions in specific flood hazard areas through
the establishment of comprehensive regulations for management of flood hazard areas, designed to:
A. Prevent unnecessary disruption of commerce, access and public service during times of
flooding.
B. Manage the alteration of natural floodplains, stream channels and shorelines;
C. Manage filling, grading, dredging and other development which may increase flood damage
or erosion potential.
D. Prevent or regulate the construction of flood barriers which will divert floodwater or increase
flood hazards.
E. Contribute to improved construction techniques in the floodplain.
F. Minimize damage to public and private facilities and utilities.
G. Help maintain a stable tax base by providing for the sound use and development of flood
hazard areas.
H. Minimize the need for rescue and relief efforts associated with flooding.
I. Ensure that property owners, occupants, and potential owners are aware of property located
in flood hazard areas.
J. Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events.
K. Meet the requirements of the National Flood Insurance Program for community participation
set forth in Title 44 Code of Federal Regulations, Section 59.22.
9604 COORDINATION WITH BUILDING CODE
Pursuant to the requirement established in State statute that the City of Ukiah administer and enforce
the State building codes, the City Council of the City of Ukiah does hereby acknowledge that the
building codes contain certain provisions that apply to the design and construction of buildings and
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structures in flood hazard areas. Therefore, these Regulations are intended to be administered and
enforced in conjunction with the Building Codes.
9605 ADOPTION OF CCR TITLE 24 PART 2 APPENDIX G.
As stated in Sections 3000 and 3002 of this Code, CCR Title 24 Part 2 Appendix G Flood -Resistant
Construction is hereby adopted and made a part of the California Building Standards Code and shall
apply in flood hazard areas.
9606 WARNING
The degree of flood protection required by these Regulations and the Building Codes is considered
reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur. Flood heights may be increased by man-made or natural causes.
Enforcement of these Regulations and the building codes does not imply that land outside the special
flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding
or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance
Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal
Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency,
requiring this community to revise these Regulations to remain eligible for participation in the National
Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or
expressed by compliance with these Regulations.
§ 9607 DISCLAIMER OF LIABILITY
These Regulations shall not create liability on the part of the City Council of the City of Ukiah, any
officer or employee thereof, the State of California, or the Federal Emergency Management Agency,
for any flood damage that results from reliance on these Regulations or any administrative decision
lawfully made hereunder. The Floodplain Administrator and any employee charged with the
enforcement of these Regulations, while acting for the community in good faith and without malice in
the discharge of the duties required by these Regulations or other pertinent law or ordinance, shall
not thereby be rendered liable personally and is hereby relieved from personal liability for any damage
accruing to persons or property as a result of any act or by reason of an act or omission in the
discharge of official duties. Any suit instituted against an officer or employee because of an act
performed by that officer or employee in the lawful discharge of duties and under the provisions of
these Regulations shall be defended by a legal representative of the community until the final
termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable
for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these
Regulations.
§ 9608 OTHER LAWS
The provisions of these Regulations shall not be deemed to nullify any provisions of local, State or
federal law.
§ 9609 ABROGATION AND GREATER RESTRICTIONS
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These Regulations supersede any ordinance in effect in flood hazard areas. However, these
Regulations are not intended to repeal or abrogate any existing ordinances including land
development regulations, subdivision regulations, zoning ordinances, stormwater management
regulations, or Building Codes. In the event of a conflict between these Regulations and any other
ordinance, code, or regulation, the more restrictive shall govern.
SECTION THREE.
A new Article 2, entitled APPLICABILITY, is added to Division 9, Chapter 6, entitled FLOOD
PLAIN MANAGEMENT, of the Ukiah City Code and shall read as follows:
.§ 9615 GENERAL APPLICABILITY
These Regulations, in conjunction with the building codes, provide minimum requirements for
development located in flood hazard areas, including the subdivision of land and other developments;
site improvements and installation of utilities; placement and replacement of manufactured homes;
placement of recreational vehicles; new construction and alterations, repair, reconstruction,
rehabilitation or additions of existing buildings and structures; substantial improvement of existing
buildings and structures, including repair of substantial damage; installation of tanks; temporary
structures and temporary or permanent storage; utility and miscellaneous Group U buildings and
structures; and certain building work exempt from permit under the building codes; and other buildings
and development activities.
9616 ESTABLISHMENT OF FLOOD HAZARD AREAS ..
The Flood Insurance Study for City of Ukiah, California Mendocino County dated August 5, 1985, and
all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps
(FIRM), and all subsequent amendments and revisions to such maps, are hereby adopted by
reference as a part of these Regulations and serve as the basis for establishing flood hazard areas.
Where the Building Code establishes flood hazard areas, such areas are established by this Section.
Additional maps and studies, when specifically adopted, supplement the FIS and FIRMS to establish
additional flood hazard areas. Maps and studies that establish flood hazard areas are on file at the
City of Ukiah Civic Center located at 300 Seminary Ave, Ukiah, CA 95482.
.9617 INTERPRETATION
.............................................................._. ...................................................
In the interpretation and application of these Regulations, all provisions shall be:
A. Considered as minimum requirements.
B. Liberally construed in favor of the governing body.
C. Deemed neither to limit nor repeal any other powers granted under state statutes.
SECTION FOUR.
A new Article 3, entitled DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR, is
added to Division 9, Chapter 6, entitled FLOOD PLAIN MANAGEMENT, of the Ukiah City Code
and shall read as follows:
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9620 DESIGNATION
The City Engineer is designated the Floodplain Administrator. The Floodplain Administrator shall
have the authority to delegate performance of certain duties to other employees. Where Appendix G
refers to the City Engineer, each such reference shall refer to the Floodplain Administrator. The
Floodplain Administrator is authorized and directed to administer and enforce the provisions of
Appendix G.
9621 GENERAL AUTHORITY
The Floodplain Administrator is authorized and directed to administer the provisions of these
Regulations. The Floodplain Administrator shall have the authority to render interpretations of these
Regulations consistent with the intent and purpose of these Regulations and to establish policies and
procedures in order to clarify the application of its provisions. Such interpretations, policies and
procedures shall be consistent with the intent and purpose of these Regulations and the flood
provisions of the building code and shall not have the effect of waiving specific requirements without
the granting of a variance pursuant to Appendix G.
§ 9622 COO.RRINATION
The Floodplain Administrator shall coordinate with and provide comments to the Building Official to
administer and enforce the flood provisions of the building code and to ensure compliance with the
applicable provisions of these Regulations. The Floodplain Administrator and the Building Official
have the authority to establish written procedures for reviewing applications and conducting
inspections for buildings and for administering and documenting determinations of substantial
improvement and substantial damage made pursuant to Section 9625 of these Regulations.
9623..DUTIES
The duties of the Floodplain Administrator shall include but are not limited to:
A. Review all permit applications to determine whether proposed development is located in flood
hazard areas established in Section 9616 of these Regulations.
B. Require development in flood hazard areas to be reasonably safe from flooding and to be
designed and constructed with methods, practices and materials that minimize flood damage.
C. Interpret flood hazard area boundaries, provide available flood elevation and flood hazard
information.
D. Determine whether additional flood hazard data shall be obtained or developed.
E. Review all applications and plans for development in flood hazard areas for compliance with
these Regulations.
F. Complete the appropriate section of the Department of Housing and Community Development
Floodplain Ordinance Compliance Certification for Manufactured Home/Mobile home
Installations when submitted by applicants.
G. Review, in conjunction with the Building Official, required certifications and documentation
specified by these Regulations and the building code to determine that such certifications and
documentations are complete.
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H. Establish, in coordination with the Building Official, written procedures for administering and
documenting determinations of substantial improvement and substantial damage made
pursuant to Section 9625 of these Regulations.
I. Coordinate with the Building Official and others to identify and investigate damaged buildings
located in flood hazard areas and inform owners of the requirement to obtain permits for
repairs.
J. Review requests submitted to the Building Official seeking approval to modify the strict
application of the flood load and flood resistant construction requirements of the building code,
to determine whether such requests require consideration as a variance pursuant to Appendix
G.
K. Require applicants who submit hydrologic and hydraulic engineering analyses to support
permit applications to submit to FEMA the data and information necessary to maintain the
Flood Insurance Rate Maps when the analyses propose to change base flood elevations,
flood hazard area boundaries, or floodway designations; such submissions shall be made
within 6 months of such data becoming available.
L. Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions
and the NFIP State Coordinating Agency, and to submit copies of such notifications to the
Federal Emergency Management Agency (FEMA).
M. inspect development within the scope of Appendix G and inspect flood hazard areas to
determine if development is undertaken without issuance of permits.
N. Prepare comments and recommendations for consideration when applicants seek variances
in accordance with Appendix G.
O. Cite violations.
P. Notify the Federal Emergency Management Agency when the corporate boundaries of {name
of community} have been modified.
_ 9fi24 OTHER PERMITS REQUIRED
The applicant shall obtain all other required state and federal permits priorto initiating work authorized
by these Regulations and shall provide documentation of such permits to the Floodplain
Administrator. Such permits include but are not limited to:
A. California Coastal Commission or certified Local Coastal Program, if applicable, for activities
subject to the Coastal Development Permit requirements and policies of the California
Coastal Act (Public Resources Code, Division 20).
B. California State Water Resources Control Board for activities that affect wetlands and alter
surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of
the Clean Water Act.
t 9625 SUBSTANTIAL IMPROVEMENT. AND SUBSTANTIAL DAMAGE DETERMINATIONS
For applications for building permits to improve buildings and structures, including alterations,
movement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of
substantial damage, and any other improvement of or work on such buildings and structures, the
Floodplain Administrator, in coordination with the Building Official, shall:
A. Estimate the market value, or require the applicant to obtain a professional appraisal prepared
by a qualified independent appraiser, of the market value of the building or structure before
the start of construction of the proposed work; in the case of repair, the market value of the
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building or structure shall be the market value before the damage occurred and before any
r repairs are made.
I B. Compare the cost to perform the improvement, the cost to repair the damaged building to its
pre -damaged condition, or the combined costs of improvements and repairs, where
applicable, to the market value of the building or structure.
C. Determine and document whether the proposed work constitutes substantial improvement or
repair of substantial damage.
D. Notify the applicant when it is determined that the work constitutes substantial improvement
or repair of substantial damage and that compliance with the flood resistant construction
requirements of the building code is required and notify the applicant when it is determined
that work does not constitute substantial improvement or repair of substantial damage.
9626 DEPARTMENT RECORDS
In addition to the requirements of the Building Code and Appendix G, and regardless of any limitation
on the period required for retention of public records, the Floodplain Administrator shall maintain and
permanently keep and make available for public inspection all records that are necessary for the
administration of these Regulations and the flood provisions of the building codes, including Flood
Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMS;
records of issuance of permits and denial of permits; determinations of whether proposed work
constitutes substantial improvement or repair of substantial damage; required certifications and
documentation specified by the building codes and these Regulations; notifications to adjacent
communities, FEMA, and the State related to alterations of watercourses; assurance that the flood
carrying capacity of altered waterways will be maintained; documentation related to variances,
including justification for issuance or denial; and records of enforcement actions taken pursuant to
these Regulations and the flood resistant provisions of the building codes.
SECTION FIVE.
A new Article 4, entitled SITE PLANS AND DOCUMENTATION, is added to Division 9, Chapter
6, entitled FLOOD PLAIN MANAGEMENT, of the Ukiah City Code and shall read as follows:
9630 ADDITIONAL SITE PLAN INFORMATION
................
In addition to the site plan requirements of the Building Code and Appendix G shall Include, as
applicable to the proposed development:
A. Location of the proposed activity and proposed structures; locations of water supply, sanitary
sewer, and other utilities; and locations of existing buildings and structures.
B. Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
C. Where the placement of fill is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the intended purpose of the fill areas; and evidence
that the proposed fill areas are the minimum necessary to achieve the intended purpose.
D. Extent of any proposed alteration of sand dunes, provided such alteration is approved by the
California Coastal Commission or certified Local Coastal Program, if applicable.
E. Existing and proposed alignment of any proposed alteration of a watercourse.
.9631 ADDITIONAL ENGINEERING DATA
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When additional hydrologic, hydraulic or other engineering data, studies, and additional data and
analyses are submitted to support an application, the applicant has the right to seek a Letter of Map
Change from FEMA to change the base flood elevations, change floodway boundaries, or change
boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such
purposes. The analyses shall be prepared by a qualified registered professional engineer in a format
required by FEMA. Submittal requirements and processing fees shall be the responsibility of the
applicant. Provided FEMA issues a Conditional Letter of Map Revision, construction of proposed flood
control projects and land preparation for development are permitted, including clearing, excavation,
grading, and filling. Permits for construction of buildings shall not be issued until the applicant
satisfies the FEMA requirements for issuance of a Letter of Map Revision.
SECTION SIX.
A new Article 5, entitled VARIANCES, is added to Division 9, Chapter 6, entitled FLOOD PLAIN
MANAGEMENT, of the Ukiah City Code and shall read as follows:
_§..9635 VARIANCES, IN „ADDITION
In addition to the variance provisions of Appendix G:
A. The considerations and conditions for variances set forth in Appendix G 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 issued for a parcel of property with physical
characteristics so unusual that complying with the requirements of these Regulations 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. The issuance of a variance is for floodplain management purposes only.
Federal flood insurance premium rates are determined by the National Flood Insurance
Program according to actuarial risk and will not be modified by the granting of a variance.
B. It is the duty of the City Council of the City of Ukiah to promote public health, safety and
welfare and minimize losses from flooding. This duty is so compelling and the implications of
property damage and the cost of insuring a structure built below flood level are so serious that
variances from the elevation or other requirements in the building codes should be quite rare.
The long-term goal of preventing and reducing flood loss and damage, and minimizing
recovery costs, inconvenience, danger, and suffering, can only be met when variances are
strictly limited. Therefore, the variance requirements in these Regulations are detailed and
contain multiple provisions that must be met before a variance can be properly issued. The
criteria are designed to screen out those situations in which alternatives other than a variance
are more appropriate.
96.36 AGRICULTURAL STRUCTURES ....................
A variance is authorized to be issued for the construction or substantial improvement of agricultural
structures that are not elevated or dry floodproofed, provided the requirements of this Article are
satisfied and:
A. A determination has been made that the proposed agricultural structure:
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1. Is used exclusively in connection with the production, harvesting, storage, raising, or
drying of agricultural commodities and livestock, or storage of tools or equipment used
in connection with these purposes or uses, and will be restricted to such exclusive
uses.
2. Has low damage potential.
3. Does not increase risks and pose a danger to public health, safety, and welfare if
flooded and contents are released, including but not limited to the effects of flooding
on manure storage, livestock confinement operations, liquified natural gas terminals,
and production and storage of highly volatile, toxic, or water -reactive materials.
4. Complies with the wet floodproofing construction requirements of paragraph B, below.
B. Wet floodproofing construction requirements.
1. Anchored to resist flotation, collapse, and lateral movement.
2. When enclosed by walls, walls have flood openings that comply with the flood opening
requirements of ASCE 24, Chapter 2.
3. Flood damage -resistant materials are used below the base flood elevation.
4. Mechanical, electrical, and utility equipment are elevated above the base flood
elevation.
SECTION SEVEN.
A new Article 6, entitled VIOLATIONS, is added to Division 9, Chapter 6, entitled FLOOD PLAIN
MANAGEMENT, of the Ukiah City Code and shall read as follows:
§ 9fi40 VIOLATIONS, GENERAL
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In addition to the violation provisions of the building code and Appendix G, any development requiring
a permit from the City in any flood hazard area that is being performed without an issued permit or
that is in conflict with an issued permit shall be deemed a violation.
9641 BUILDINGS AND STRUCTURES
A building or structure without the documentation of the elevation of the lowest floor, other required
design certifications, or other evidence of compliance required by these Regulations or the building
code, is presumed to be a violation until such time as required documentation is submitted. Violation
of the requirements shall constitute a misdemeanor.
9642 AUTHORITY
The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners
of property involved, to the owner's agent, or to the person or persons doing the work for development
that is not within the scope of the building codes, but is regulated by these Regulations and that is
determined to be a violation.
9643 UNLAWFUL CONTINUANCE
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Any person who shall continue any work after having been served with a notice of violation or a stop
work order, except such work as that person is directed to perform to remove or remedy a violation
or unsafe condition, shall be subject to penalties as prescribed by federal, state, or local law.
SECTION EIGHT.
A new Article 7, entitled DEFINITIONS, is added to Division 9, Chapter 6, entitled FLOOD PLAIN
MANAGEMENT, of the Ukiah City Code and shall read as follows:
..9645 GENERAL.--._ ... --- .............................
The following words and terms shall, for the purposes of these Regulations, have the meanings
shown herein. Other terms are defined in the Building Code and Appendix G and terms are defined
where used in the Residential Code (rather than in the Definitions section). Where terms are not
defined, such terms shall have ordinarily accepted meanings such as the context implies.
§ 9.646 DEFINITIONS
ACCESSORY STRUCTURE. A structure on the same parcel of property as a principal structure and
the use of which is incidental to the use of the principal structure. For floodplain management
purposes, the term includes only accessory structures used for parking and storage.
AGRICULTURAL STRUCTURE. A walled and roofed structure used exclusively for agricultural
purposes or uses in connection with the production, harvesting, storage, raising, or drying of
agricultural commodities and livestock, including aquatic organisms. Structures that house tools or
equipment used in connection with these purposes or uses are also considered to have agricultural
purposes or uses.
ALTERATION OF A WATERCOURSE. A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross -sectional area of the channel or the channel capacity,
or any other form of modification which may alter, impede, retard or change the direction and/or
velocity of the riverine flow of water during conditions of the base flood.
DEVELOPMENT. Any manmade change to improved or unimproved real estate, including but not
limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage
of materials, mining, dredging, filling, grading, paving, excavations, drilling operations and other land -
disturbing activities.
ENCROACHMENT. The placement of fill, excavation, buildings, permanent structures or other
development into a flood hazard area which may impede or alter the flow capacity of riverine flood
hazard areas.
EXCEPTIONAL_ HARDSHIP. For the purpose of variances from these Regulations or the building
code, the exceptional difficulty that would result from a failure to grant a requested variance. Mere
economic or financial hardship is not exceptional. Inconvenience, aesthetic considerations, physical
handicaps, personal preferences, or the disapproval of one's neighbors do not, as a rule, qualify as
exceptional hardships. All of these circumstances can be resolved through other means without
granting variances, even when the alternatives are more expensive or require the property owner to
build elsewhere or put the parcel to a different use than originally intended.
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EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. 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) was completed before September 3,
2025.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. 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).
FLOOD CONTROL PROJECT. A dam or barrier design and constructed to keep water away from or
out of a specified area, including but not limited to levees, floodwalls, and channelization.
FRAUD OR VICTIMIZATION. For the purpose of variances from these Regulations or the building
code, the intentional use of deceit to deprive another of rights or property, making a victim of the
deprived person or the public. As it pertains to buildings granted variances to be constructed below
the elevation required by the building code, future owners or tenants of such buildings and the
community as a whole may bear the burden of increased risk of damage from floods, increased cost
of flood insurance, and increased recovery costs, inconvenience, danger, and suffering.
LETTER OF MAP CHANGE (LOMC). An official determination issued by FEMA that amends or
revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change
include:
(1) Letter of Map Amendment (LOMA): An amendment based on technical data showing that a
property was incorrectly included in a designated special flood hazard area. A LOMA amends
the current effective Flood Insurance Rate Map and establishes that a specific property,
portion of a property, or structure is not located in a special flood hazard area.
(2) Letter of Map Revision (LOMR): A revision based on technical data that may show changes
to flood zones, flood elevations, special flood hazard area boundaries and floodway
delineations, and other planimetric features.
(3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of
land has been elevated by fill above the base flood elevation and is, therefore, no longer
located within the special flood hazard area. In order to qualify for this determination, the fill
must have been permitted and placed in accordance with the community's floodplain
management regulations.
(4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a
proposed flood protection project or other project complies with the minimum NFIP
requirements for such projects with respect to delineation of special flood hazard areas. A
CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study;
upon submission and approval of certified as -built documentation, a Letter of Map Revision
may be issued by FEMA to revise the effective FIRM.
LIGHT -DUTY TRUCK. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds
Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and
which has a basic vehicle frontal area of forty-five (45) square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a
vehicle, or
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(2) Designed primarily for transportation of persons and has a capacity of more than twelve (12)
persons; or
(3) Available with special features enabling off-street or off -highway operation and use.
MARKET VALUE. The price at which a property will change hands between a willing buyer and a
willing seller, neither party being under compulsion to buy or sell and both having reasonable
knowledge of relevant facts. As used in these Regulations, the term refers to the market value of
buildings and structures, excluding the land and other improvements on the parcel. Market value shall
be determined by one of the following methods: (1) Actual Cash Value (replacement cost depreciated
for age and quality of construction), (2) tax assessment value adjusted to approximate market value
by a factor provided by the Property Appraiser, or (3) established by a qualified independent
appraiser.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. 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) was completed on or after June 16, 1982.
NUISANCE. That 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.
RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
SAND DUNES. Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
WATERCOURSE. A river, creek, stream, channel or other topographic feature in, on, through, or
over which water flows at least periodically.
SECTION NINE.
A new Article 8, entitled FLOOD RESISTENT DEVELOPMENT, is added to Division 9, Chapter
6, entitled FLOOD PLAIN MANAGEMENT, of the Ukiah City Code and shall read as follows:
t 9650 SUBDIVISIONS, IN ADDITION
In addition to the subdivision provisions in Appendix G, the following requirements apply:
A. In Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around
and away from proposed structures.
B. When fill will be placed to support buildings, the fill shall be placed in accordance with the
building code and approval of the subdivision shall require submission of as -built elevations
for each filled pad certified by a licensed land surveyor or registered civil engineer.
9651 SITE IMPROVEMENT, IN ADDITION
In addition to the site improvement provisions in Appendix G, the requirements of this Article shall
apply.
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965.2 LIMITATIONS ON PLACEMENT OF FILL
Where the placement of fill is permitted by the building code, Appendix G, or these Regulations, fill
shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown
of floodwaters, prolonged inundation, and protection against flood -related erosion and scour. In
addition to these requirements, when intended to support buildings and structures, fill shall comply
with the requirements of the building code. The placement of fill intended to change base flood
elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on
FIRMs shall be subject to the requirements of Section 9631 of these Regulations.
§ 9653 MANUFACTURED HOMES — INSTALLATION, IN ADDITION
In addition to the provisions for manufactured homes in Appendix G:
A. All manufactured homes installed in flood hazard areas shall be installed by an installer that
is licensed pursuant to the Business and Professions Code and shall comply with the
requirements of the Department of Housing and Community Development (HCD) and the
requirements of these Regulations.
B. In addition to permits pursuant to Appendix G, permits from the HCD are required where the
HCD is the enforcement agency for installation of manufactured homes.
C. Upon completion of installation and prior to the final inspection by the Floodplain
Administrator, the installer shall submit certification of the elevation of the manufactured
home, prepared by a licensed land surveyor or registered civil engineer, to the F'loodplain
Administrator.
§ 9654 ELEVATION REQUIREMENT FOR CERTAIN EXISTING MANUFACTURED HOME
PARKS AND SUBDIVISIONS
Manufactured homes that are placed, replaced, or substantially improved on sites located in an
existing manufactured home park or subdivision, unless on a site where substantial damage as a
result of flooding has occurred, shall be elevated such that either the:
A. Lowest floor, or bottom of the lowest horizontal structural member, as applicable to the flood
hazard area, is at or above the base flood elevation.
B. Bottom of the frame is supported by reinforced piers or other foundation elements of at least
equivalent strength that are not less than 36 inches in height above grade.
§ 9655 DETACHED GARAGES AND ACCESSORY STORAGE STRUCTURES
The provision in Appendix G for garages and accessory structures shall be replaced with this Section.
Detached garages and accessory storage structures used only for parking or storage are permitted
below the base flood elevation provided the garages and accessory storage structures:
A. Are one story and not larger than 600 square feet in area when located in special flood hazard
areas other than coastal high hazard areas.
B. Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.
C. Have flood openings in accordance with the building code.
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D. Have flood damage -resistant materials used below the base flood elevation.
E. Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to f
or above the base flood elevation. I'l
9656 FLOOD CONTROL PROJECTS; GENERAL
In addition to applicable Federal, State and other local permits, a permit for floodplain development
is required for construction of flood control projects. The purpose for the permit is to examine the
impact on flood hazard areas, floodways, and base flood elevations shown on the FIRM. Unless
otherwise authorized by separate regulations, issuance of this permit does not address the sufficiency
of the structural elements of the proposed flood control project. Permits for floodplain development
and building permits in areas affected by proposed flood control projects shall not be issued based
on Conditional Letters of Map Revision issued by FEMA.
„9657„FLOOD CONTROL PROJECTS; APPLICATION
Applications for permits for flood control projects shall include documentation including but not limited
to:
A. Site plan or document showing the existing topography and the boundaries of the flood hazard
areas, floodway boundaries, and base flood elevations shown on the FIRM.
B. Site plan or document showing the proposed topography and the proposed changes to the
boundaries of the flood hazard areas, floodway boundaries, and base flood elevations.
C. The documentation submitted to FEMA for a Conditional Letter of Map Revision (CLOMR)
and, if issued, the Conditional Letter of Map Revision. Submittal requirements and processing
fees shall be the responsibility of the applicant. A CLOMR is required when a proposed flood
control project alters a floodway and increases base flood elevations more than greater than
0.00 feet, or alters a watercourse a riverine flood hazard area for which base flood elevations
are included in the Flood Insurance Study or on the FIRM and floodways have not been
designated and increases base flood elevations more than 1.0 foot.
SECTION TEN.
Sections 3032 through 3035 of the Ukiah City Code shall be repealed.
SECTION ELEVEN. URGENCY ORDINANCE
This ordinance is hereby declared to be necessary for the immediate preservation of the public
peace, health, and safety and will take effect and be in force upon its adoption by a fourth -fifths
(415) vote of the members of the Ukiah City Council. The facts constituting the urgency are as
follows:
1. The National Flood Insurance Act of 1968 was enacted by title XI[I of the Housing and
Urban Development Act of 1968 to provide previously unavailable flood insurance protection to
property owners in flood -prone areas. Under the Act and the regulations promulgated under the
Act, specifically 44 CFR § 59.2, in order to qualify for the sale of federally -subsidized flood
insurance, the City must adopt and submit to the Federal Insurance Administrator an ordinance
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adopting flood plain management regulations that satisfy the requirements of 44 CFR Part 60 and
that are designed to reduce or avoid future flood, mudslide or flood -related erosion damages and
include enforcement provisions.
2. While the City has adopted the most recent version of Appendix G of the California Building
Code which do set forth certain minimum flood plain management standards, the City does not
currently have in effect flood plain management regulations that satisfy the prerequisites for the
National Flood Insurance Program or the regulations set forth at 44 CFR Part 60.
3. Pursuant to 44 CFR § 59.24, a government entity that is otherwise eligible for the sale of
federal flood insurance shall be subject to suspension from the National Flood Insurance
Program for failing to submit copies of adequate flood plain management regulations meeting the
minimum requirements of 4 CFR Part 60.
3. If the City does not achieve compliance with the requirements of 44 CFR § 59.22 by
September 19, 2025, the City's eligibility for the sale of flood insurance under the National Flood
Insurance Act will be suspended pursuant to 44 CFR § 59.24.
4. The City Council finds that the impending loss of community eligibility for flood insurance under
the National Flood Insurance Program poses a current and immediate threat to the public health,
safety, and welfare presented by catastrophic floods and related conditions during the upcoming
rainy season. In the absence of this Ordinance's immediate effectiveness, the City would be unable
to secure eligibility to purchase federal flood insurance to affected community members, as well as
to protect the public health, safety, and welfare from the potential adverse effects of lack of
insurance coverage to recover from a flood or flood -related disaster.
Ordinances may take effect immediately when adopted for the "immediate preservation of the public
peace, health or safety[.]" (Gov Code, § 36937(b).) When enacted on an urgency basis, the
ordinance must contain a statement of facts justifying the urgency. (Id.) Although courts may not
investigate the truth of these facts, the mere declaration that an ordinance is passed for the
immediate preservation of public peace, health, or safety is insufficient to withstand challenge.
(Crown Motors v. City of Redding (1991) 232 Cal.App.3d 173, 179.)
SECTION TWELVE. APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance
shall apply in the City of Ukiah. This Ordinance shall apply to all applications for development,
including building permit applications and subdivision proposals, submitted on or after the effective
date of this ordinance.
SECTION THIRTEEN. INCLUSION INTO THE UKIAH CITY CODE
It is the intent of the City Council of the City of Ukiah that the provisions of this Ordinance shall become
and be made a part of the Ukiah City Code, and that the sections of this Ordinance may be
renumbered or re -lettered and the word "ordinance" may be changed to "section," "article,"
"regulation," or such other appropriate word or phrase in order to accomplish such intentions.
SECTION FOURTEEN. SEVERABILITY. Where any section, subsection, sentence, clause, or
phrase of these Regulations is, for any reason, declared by the courts to be unconstitutional or invalid,
such decision shall not affect the validity of the regulations as a whole, or any part thereof, other than
the part so declared.
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SECTION FIFTEEN.
1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once
in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the
Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and
again within fifteen (15) days after its adoption.
2. Effective Date: The ordinance shall become effective immediately after its adoption.
Introduced by title only on September 3, 2025, by the following roll call vote:
AYES: Councilmembers Rodin, Orozco, Sher, and Mayor Crane.
NOES: None.
ABSENT: Councilmember Criss.
ABSTAIN: None.
Adopted on September 3, 2025, by the following roll call vote:
AYES: Councilmembers Rodin, Orozco, Sher, and Mayor Crane.
NOES: None.
ABSENT: Councilmember Criss.
ABSTAIN: None.
ATTEST:
Araceli Saiddoval, qeputy City Clerk
Dougla F. Crane, Mayor
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