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HomeMy WebLinkAboutOrdinances_1673_CCv0001.pdf �Kx; ORDINANCE NO. 1673 FLOOD DAMAGE PREVENTION ORDINANCE AN ORDINTANCE OF THE CITY OF RE LA DS ESTABLISHING PROCEDURES FOR THE PREVENTION AItTD,°``OR REDUCTION OF FLOOD HAZARDS WITHIN SPECIFIED AREAS OF THE CITY-. 1.1 STATUTORY AUTHORIZATION. The legislature of the State of California has delegated the responsibility to local governmental units to adopt re ula- tions designed to promote the public health, safety and general welfare of its citizenry. Therefore, the City Council of the City of Redlands, Cali- fornia, does ordain as follows: 1.2 FINDINGS OF FAC:' (l) the flood hazard areas of Redlands are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base,, all of which adversely affect the public health, safety and general welfare. (2) 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 areas.. Uses that are inadequately f oodproofed, elevated or otherwise protected from flood damage also contribute to the flood lass;, 1. STATEMENT OF PURPOSE. It is the purpose of this ordinance to promotethe public health, safety and general welfare, and 'to minimize publin and` pri- vate losses due to flood conditions in specific areas by provisions designed (1) To protect human life and health; (2) To minimize the .need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (3); 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; (f) To minimize damage to public facilities and utilities such as water and gas maims, electric, telephone and seder 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; (7) To insure haat ,potential buyers are notified that property is in an area of special flood hazard; and; (S) To ensure that those who occupy the arenas of special flood hazard assume responsibility for their actions. W WIN dtY%:'v. ff $Ir+ l .4 METHODS OF REDUCING FLOOD LOSSES. In order to accomplish its purposes, this ordinance includes methods and provisions for: (l) 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; (2) Requiring that uses vulnerable to floods, including facilities which., serve such uses, be protected against flood damage at the time of initial, construction; (3) Controlling the alteration of natural; flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; (4) 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 Cather areas. 2.0 DEFINITIONS. Unless specifically defined below, words or phrases used i this ordinance shall be interpreted so as to give them the meaning they have in common usage and to dive this ordinance itsmost reasonable appli- cation. ppli.cation. "Appeal" means a request for a review of the Building Director' interpre- tation of any provision of this ordinance or a request for a variance. "Area of shallow flooding" means a designated AO 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 i unpredictable and 'indeterminate; and velocity flaw may be evident, "Area of special flood hazard" weans the laid in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. "Dose flood" means the flood having a one percent, chance of being equalled or exceeded in any given year.. Il Development' means any man-made change to improved or unimproved real estate, including but not limited' to buildings or other structures, mining, dredging, filling trading, paving, excavation or drilling operations located. within the area of special flood hazard. "Existing mobile home park or mobile home subdivisi IF 2. "Expansion to an e ista ision" Cont 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 con- crete pads, or the construction of streets) . "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry laud areas from: (1) The overflow of inland or tidal waters and/or ( ) The unusual and rapid accumulation on runoff of surface waters from any source.. "flood Insurance Rate Sap ( 'l it)" means the official map on which the Federal Insurance Adninistratlon has delineated both the areas of special flood hazards and the risk premium zones applicable to the, community. "Flood InsuranceStudy." means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Mai , and the water surface elevation of the base flood. "Habitable floor" means any floor usable for 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."w "Mobile homy:" 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 per'- ma ent chasi , and designed to be used with or without a. permanent foundation when connected to the required utilities. It does not include recrea=tional vehicles or travel: trailers. "New construction" means structures for which the "start of construction" commenced on or after the effective date of this ordinance,. "New mobile htsme dark or mobile home subdivision"' means a parcel (or contiguous parcels) of -land divided into two or more mobile hoarse lots for resit or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation ofutilities, 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. "Start of construction" means means the first placements of permanent construction of a structure (other than a mobile hone) on a site, such as the pouring of slabs or footings or any word 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 walk"'lads;; cruor does it include excavation for a basement, footings, piers or foundations or the erection of temporary formas; nor sloes it include the installation on the property of accessory buildings, such as garages or she;is not occupied as dwelling units or not as fear°t, of the main: structure. For a structure (other than a mobile home) without a basement t or~ :j_-oured footings, the Ordinance No 167 Facie three j 'l-,41M 40'b, � r+� 2. "start of construction" includes the first permanent framing or assembly of Cont: the structure or any part thereof on its piling or foundation. For mobile 'homes not within a mobile home pari or mobile home subdivisi r' v f 01 3.4 ABROGATION AND GREATER RESTRI TIO S. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed' restrictions. However, where this ordi 4.3 DUTIES AND RESPONSIBILITIES OF THE BUILDING DIRECTOR. Duties of the Building director shall include, but are not limited to: . 3-1 Permit Review (1) Review all Development Permits to determine that the permit require- ments of this ordinance have been satisfied'. (2) Review all Development Permits to determine that: all, necessary permits have been obtained., from those federal, state, or local governmental agencies from which prior approval is required. 4.3-2 Use of tither Base Flood Data. When base flood elevation data has not been provided in accordance with Section 2.3 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Building Director shall review and reasonably utilize any Haase flood elevation data available from a federal, state, or other source in carder to administer Sections 5.2-1 SPECIFIC TA DARD Residential Construction, and .2-2 SPECIFIC STANDARDS, Nonresidential Construction. 4.3-3 Information to be "Obtained and Maintained. (l) obtain and re oad the actual elevation (in relation to mean sea level.) of the lowest habitable floor (including basement) of all new or substantially improved structures-. (2) For all new or substantially unproved floodproofed structures. (i) verify and record the actual elevation (in relation to mean sea level) , and (ii) maintain the flood roofing certifications recfaired in Section 4.1 (3) (3) Maintain for public inspection all records pertaining to the provisions of this ordinance. 4.3-4Alteration of watercourses* (l) Notify adjacent communities and the San Bernardino County Flood' Control prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 4.3-5 Interpretation of FIRS Boundaries. Make interpretations where needed as to the enact location of the boundaries of the areas of specific flood hazard's (for example, where there appears to be a conflict between a mapped boundary, and actual field conditions) . The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 4.4 4.4 VARIANCE PR0CEDUW-'a: 4.4-1. APpea1 hoard. (l) The Board of Building Commissioners as established by the City Council shall hear and decide appeals and requests for variances from the re- quirements e-qui.rem nts of this ordinance. Ordinance No. 1673 - Pale six 4.4=1 (2) The Board of Buildi t 51 4.4-2 Conditionsof Variances. Ti) 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. (2) Variances shall not be issued within any designated flooday if any increase in; flood ,levels during the base flood discharge would result. (3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (4) Variances shall only be issued upon: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii)' a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 4.1-4 (4) , or conflict with existing local lads or ordinances (5) Any applicant to whom a variance is granted shall be given: written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the coast of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1_ GENERAL STANDARDS. In all areas of special flood hazards, the following standards are. required:: 5,1-1 Anchoring'. (l} All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (, All mobile homes shall be anchored to resist flotation., collapse, or lateral movement by providing over-the-top and frame< ties to ground anchors. Specific requirements shall be that:: (i) over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring one additional tie per side, (ii) frame ties be vro7vi.ded at each corner of the home with five; additional ties per side at intermediate points, with mobile homes leas than 50 feet long requiring four additional ties per side; (iii) all: components of the anchoring system- be capable of carrying a force of 4,800 pounds and (iv) any additions to the mobile home be similarly anchored. Ordinance No. 1673 Page eight 5.1-2 Construction Materials and Methods. (1) All. new construction- and substantial improvements shall be constricted with materials and utility- equipment resistant to flood damage;; (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flooddamage.. 5. 1-3 utilities. (1) All new and replacement water supply systems shall be designed to minimize or ;eliminate infiltration of flood wagers into the system; (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and (3) tin-site waste disposal systems shall be located to avoid impairment to them or contamination from than during flooding. 5.1-4 Subdivision Eroposals. {1) All subdivision proposals shall be consistent with the need to mini- mize flood damage.; (2) All subdivision proposals shall. have public utilites and facilities such as sewer, gas, electrical, and water systems, located and constructed to minimize florid damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage, and ( ) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less) 5.1-5 Encroachments. The cumulative effect of any proposed development,t, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base., flood: more than: one foot= at any point= 5.2 SPECIFIC STANDARDS. In all areas of special flood hazards where base flood elevation data has been provided as set forth, in Section 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or Section 4.3-2 Use of Other Base Flood Data, the following provisions are required 5.2-1 Residential Construction. New construction and substantial- improvements of any residential structure shall have the: lowest floor, including base- ment, elevated to or above base flood elevation. 5. 2-2 Nonresidential Construc-ti.on s New construction and substantial improvements of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevations, or, together~ with attendant utility and sanitary facilities, shall_. (1) be floodproofed so that below the base flood level, the structure- is watertight with walls substantially iml:)ermealle to the passage of waters (2) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of fat oy$anc- rt and Ordinance No. 1673 Page nine 5.2--2 ( be certifiedby a registered professional engineer or architect that the standards of this subsection; are satisfied. Such certifications scall be provided to the official as sept firth in Section 4.3-3 (2) 5.2-3 Mobile Homes. T(l) Mobile hones shall be anchored in accordance with section 5.1-1 (2) . (2) For new mobile home parks and mobile home subdivisions, for expansions to existing~ mobile home parks and moble home subdivisions; for existing mobile home parks and mobile home subdivisions where the repair, reconstruction, or improvement of the streets, utilities, and pads equals or exceeds 50 percent of value of the streets, utilities, and pads before the repair; reconstruction, or improvement has commenced; and for mobile homes not placed in a mobile homey park, or mobile home subdivision, require that; (i) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level, (ii) adequate surface drainage and access for a hauler are pro- vided, and (iii) in the instance of elevation on pilings, that: (a); lots are large enough to permit steps; (b) piling foundations are placed in stable soil nes ;more than ten feet apart; and; (c) reinforcement is provided for pilings more than six. feet above the ground level. 5.3 SHALLOW OO IN . Located within the areas of special flood hazard established in Section 3.2 are areas designated as shallow flooding. These areas have special flood hazards associated with base florid depths of l to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (l) All new construction and substantial :improvements of residential structures have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the community's FIRM. (2) All new construction and substantial improvements of nonresidential structures shall; (i,) have the lowest fluor, including basement, elevated above the crown of the nearest street to or above the depth number' specified on the PIP.M, or (ii) together with, attendant utility and sanitary facilities be completely fl000dproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Ordinance No. 16733 Page ten .0 This ordinance shall be in force and take effect as provided by lair.. 7.0 The City Clerk shall certifyto the adoption of this ordinance and cause it to be published once in the Redlands Daily Facts, a newspaper of general circulation .printed and published in the City of Redlands. rt- ayor of th ity of d1ands ATTEST: rk APPROVED FOR FORM: sl Edward F. Taylor City Attorney I, Peggy A. Moseley, City Clerk of the City of Redlands, do hereby certify thatt the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 2nd day of January, 1979, by the following roll call.. vote AYE oun i.lmember.s Knudsen, DeMirjyn, Elliott, Riordan; Mayor Martinez NOES: None- ABSTAIN: Node: ABSENT: None it irk Ordinance No. 1673 Pace eleven