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CC Ordinance No. 1412. . Ax-anal of Tt~ crrY of alp ~na~ a~ , . 16.51 OF Tf~ CUPIItTtNO K2NICLPAL ODLE F2lt'2Z7m °PRE~IENx'ICN OF F7AOD N~1GE" TIC CITY OOI7I~CI'L OF TIC CITY OF C[JPEI~'II~ DOFS ORDAIZi AS FOIZOFTB: SECTION ,,~: ~2J~1JP !Section 1.12 Title 16 Ci2apter 52 of the Q2pertino l~micipal t7ocie entitled "Pravex2ticn of Flood Damege° is hereby- am~t2d~ed as set forth in Exhibit A attac2ned to and made a part of this ordinance. Section 2 • REPFW~II~G CIAIlSE Section 2.1: All ordir2ances heretofore enacted in conflict with this ordinance No. 1412 are hereby repealed to the extent that they would vary the provisicn o! this Ordinance. SECTICN 3• FINDIIJC3 Section 3:1: 'If2s flood hazard areas. of the City are subject to the possibility. of periodic irautdaticn which oatld result in loss of'life and property, health and safety hazards, disn>ption of oasnaroa and gwenaoer2tal services, extraordinasy public eacpenditurrs for flood protection and relief, and {_~ i *~*±a*+* oP the tax base, all of whid2 adver•.~ely affect the public health, safety and general welfare. Section 3.2: These flood losses are intermified by the c~miulative effect of obstructicns in areas of .special flood ha~w„~a which irYZease flood heights aryl velocities, and when inadequately floodprcofed, elevated ar otherwise ~vtected ft~ flood damage also oontributs to the flood lass. SECTION 4 • Ft1RF'06E Section 4.1: It is the purpose ofthe amended Qsapter to pranote the public health, safety, and general welfare, and to minimize public and private lasses due to flood conditions in specific arses by p~rwiaia2a designed: a) To protect human life and health; b) To minimize expenditure of public money for costly Rood oaa:trol projects; c) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense oP the general public; d) To minimize prolonged business interruptiaa~; -1- i ORDII~NCE N0. 1412 e) 7b '-minimize damage to publlo facilitiee eid utilities such as water atd'gas mains, electrio, telepixine ard'eawer lines, streets and bridges located in special IIood hazard'areast f) Zb help m~ninM{~ a stable tax bees by providing far the sau~d use and developnsnt of speoial flood hazard arses eo as to minimize future flood blic~ted areast g) Tb ensure that potential buyers era notified that property is in a special flood hazazd great and h) Zb ensure that those who ooca:py flood hazard' areas' assutm respormibility far their actions. lion 5.1• In older to aooortQlish its purposes, this amendment includes methods~ard provisions lags a) Restricting ar Prohibiting uses which ors dangerous tc health, safety, and property due to water ar erosion hazards, ar whic3: result in damaging irtca~eases in erosion ar in flood heic~ts or velacitlest b). laequiring that uses vulnerable to floods, including facilities which sasve such uses, be protected against flood damage at the' time of initial ootsstructiant c) Oorntrollirq the alteration of natural flood plains,.. stream chantt~els and natural protective barriers, which help aooaenodate or c3sanne7. flood waters t d) Oontrollisg filling, gradi~, dredging, and other develo~ent e) ~increeise flood damage; and _ will tmnatvrally~~ flood waters as whiff may incr+ense flood hazards in other areas. SDCPICN 6• II~T!%dd~31D-i. ASSFS4~47dr Section 6.1: Adogtian of this Ozdinanoe constitutes an action which is categorically eft order (~pA Section 15308, "Actions by Regulatory Agencies 2ar~ ProGectia~ of the Envirnraoernt. SDCPION 7 • SEUF:RAffi ITY CLP~IIJ:iE Section 7.1: If any section, subseotim, eesrtenoe, clause ar phrase o! this Ordinance is far' any reason held to be unoa~stitutional, such -2- N0. 1412 ..-~ ,~ ~ , . decision shall not attest the validitj- ot~tlie x~mnninirq po~tians of this Ozdirsanoe. 4he legislative boctii hereby dealarea that it would have passed this Oztlinance and each section, subeectim, sentence, clause ar phrase thereot, irrespective of .the tact that -any one or more sections, sentences, clauses or phrases ba declaz~+d tmoanstitutianal. SDL'PZGN 8• ~rrw: e+rarrcrr. . Bastian 8.1• 'Ihs City Clerk is herby authar'iZed ar~d dit~ected to cause a titteen 15~) days attar i~~ezSact~:t~ ~liAt~ed at leant anon within otlicial ~ ~ertino Oaa-ier' the ~~.newspaper of the City, published and ciz+axlat~sd in the City of Il~DDUC'F9 at a regular meeting of the City Ootax~il o! the C1ty of Q~ertino afl this 21st day o! September ,1987 anci II~U4CTID at a regular meeting Ot the City Council o! the City Of Q~e2ti,nc this 12th day of October ,1987 }fir the tollowing vote: YSLt'~ ME+ml~rc O! t~ ~tv p~,.~.i t AYFS: Gatto, Johnson, Plungq, Rogers, Sparks N0~3: None ASSt2dP: None - ABSfA1Zi: None / /, i , Ci Clerk -. ,rC1ty, ~~` -3- N0. 1d12 F,~X H I,B I,T , ,A ~ ,.': r ,ty: , r :. ~ r .., ._ .. „ ~, ~ ..- ,' ~16i52 .. ,. ~ PBFYF~j~CN OF FIOOD DAMAL~ .. .- _. .... ~SS~ ~ , . ARTICLE I. GII~L PL~]VISZCI$ :~ ~-.., 16.52.010 ~ Detinitims. t~` a } ~ 16.52.011 Ia11ds to Whid1 this Chapter Applies. r~+ r ~. 16.52.012 C~liance. `. r ~ .~ k ~~ 16.52.013 Interpretation. 16.52.014 Warning and Disclaimer oP Liability.. - 16.52.016 Violat3a[i-Peneilty. .. _ ARTICLE II. ALMS - 16.52.020 Establiatm~ent of Development Permit. ,.w 16.52.021 Designation of Direckor of Platn Development. ia~g and Community ARTICLE III. VARIAN PL70C~tJRE . 16.52.030 Appeal Hoazd. 16.52.035 Conditions Par Variance Issuance. ARTICLE IV. GENET0IL 3l7+ND~ FC22 FLOOD F~7J1RD RF~CTIODi . . 16.52.040 Gene¢~al Standards. 16.52.041 Anc3~oxing. ' 16.52.042.. ' Qot~strt~ctioti Materials and Methods. 16.52.043 ZJtilities. 16.52.044 Subdivisirn Proposals. ARTICLE V. SPDCIFTC STANDAR06 ErHt FIAODS HAZARD R'f~]C.TION 16.52.050 Specific Standards (Urunm~bexed A Zac~ea and Zones Al-43). 16.52.051 Residm~tial Oorsstrwcttan. 16.52.052 Nau+eaidential Construction. 16.52.053 Manufactured Homes. 16.52.054 Specific Standards (Zone AO). 16.52.055 Flaodways. -4- aatnzr>pxce r~o. lalz Atazcc~ r. , GF27ERAL t?Rpi;lSlCrB ~:t ,. 16.52.010: t7efinitiore. ~hil.ess specifically: defined below, words ar phrases uses in this c3~apter shall be interpreted so-as to give them the meaning they have in common usage and to give this Ct:apter its most xeasanabla applicatial. A) means a request for a zeview of the Flaodplain Administratar's intexpretatian o! ar~+ pavvisian of this artlinanoe ar a request Par a variance. B) Area of Shal~,ow Floodirxr means a designated AO Zane an the Flood Insurance Rate Map (FIR2~ . 4he base flood depths range fma one to three Peet; a clearly defined c3~a;s~e1 does not exists the path of flooding is tu~redictable and indeterminate and velocity flow may be evident. C) ..Base Flood means the flood having a one peroertt ~ of being equalled ar e~aceeded in any given year (also. called the "100-year flood"). D) Basement manna any area of the building having its floor subgrada .(below 4zo:md level) on all sides. E) y Walls are any type of walls, whether solid air lattice, and whether ooa~structed of mete, masonry, wood, metal, plastic ar any other suitable building material which is nct part of the structural support of the building arr3 which is designed to ba~eak away under abc~or'mally high tides ar wave action without causing any damage to the structural integrity of the building an which they are used ar any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance oP not lass than ten and no more than t~ae2ity pounds Pax' Bquar'e foot. Use of bzealcaway walls must be certified by a registered engineer ar axrhitect and shall meet the following aca;ditions: 1. Bzeakaway wall collapse shall result fmn a water load less than that which would occur during the base flood; and 2. ~a elevated portion of the building shall not incur any stxvc4Yxa1 damage due to the effects of wind and water louts acting simultaneously in the event of the base flood. -5- a~nn~rrc~ ru. lals F) ~ n~eama arty mere-made c3sarz~a' to 'in~nved or iaiinPzvved real estate, including but Clot limited to buildings or other , mining, 1rg, tilling, gradlc~clr P~~Ir eaoravation ar drifting C~Ni~7Cat Of16. G) Flood ar Floodira means a general and temporary condition of partial ar oouglete inundation of nornially dry lan;l areas fma• 1. Zhe overflow of L'lood waters 2. Rhe unusual. and rapid aoc~mulatian ar runoff of surface waters from any source 3) Ttsa aollapsa ar enibsidenoe of land along the shore oP a lake -ar other body of water as a result of eznsian ar iar3exn~tairrl cxa~sed by waves ar currmlta of water eaooeeding anticipated cyr11ca1 levels or suddenly caused by en uraasually high water level in a natural body of water, aoaaaQnnied by a severs storm, ar by an iu~anticipated force of nature, such _as flash flood ar an abnormal tidal surge, ar by acme similarly tanisual std ~mforeseeable event which results in Lloodinq as provided in this definition. H)`;;`~ Flood Huudarv and Floodwav Man means the official map on which the Federal F~ergency Hanageaosnt agency ar Fedezal Instuanoe Admtniatrwtrpn ~g d@lineat8d both the areas of flood hazani and the Eloodway. I) Flood Insurance Rate Man lFIRi~n means the official map an which the Federal F]oarc~erxy Managesmnt a4enc.Y ar Federal Insurance Administration has delineated both the areas of special flood hazards and the risk pmemium zones appliaeble to the ocma~aiity. J) Flood Insiuattoe study manna the official report Provided by Feederal Insurance Administratim that includes flood profiles, t2se Flood Bota~dary-Fioodway Map, and the water surface elevation of the base flood. IQ Floodlain or Flood-Prone Arm means any lard area susceptible to being itaudated by water from any source (sea definition of "Flooding"). L) means the operation o! an ovezall program o! oazrective and preventive mensur+es far reducing flood damage, inrludirg but not limited to emers~cy preparedness Plans, flood oce~trol wanks and floodplain nanagement regulations. -6- ORDII~NCE 2JD. 1412 _ .- ,' . M) Floodnlain Marfnnee~artt- Reaulatians means ; za'ting' artiinanoes, subdivision regu7.atione, Y~uildirg aod~es health'. regulations, spacial purpose ordinar~oes (such as floodplaitt ordinance, grading ordinarre and erosion control ordinance) and other applications of palica power. 2tsa farm describes suds state ar local r+egulatia~s in any octnbination thereof, which pr+ovida standards far the purpose of flood damage prevanticn and r~eductian. N) ~~g means any oaabination of structural and nral additia~s, or adjustarents to structures which reduce ar eliminate flood damage to real estate ar iaq~rvved rea]. property, water and sanitary facilities, structures a~ their contents. O) y means the charu~el of a river ar other wataroourse and the. adjacent land areas that must ba reserved in aiver to disc3~ars}a the base flood without c~lativaly increasing the water surface elevation more than one foot. P) Mic~est Adiaoent Grade means the highest natural elevation of the grv~utd surface priar to ornstructi,on next to the prriposed walls ar a structure. 4) Lowest Floor means the lowest floor of the lowest enclosed area .(including bese~oent). An unfinished ar flood resistatrt enclosure, usable solely far parking of Vehicles, building access ar stozagle in an area other than a basesoent area is not aons3~3ered a building's lowest hoar; pmovicled, that such enclosure is not built so as to render the structta,a in violation of the applicable non-elevaticaz design dents of this ardirmnoe. R) Matnxfacttmed Hare means a sttvcture that is transportable in one ar more sections, built on a pannanent chassis, and designed to be used rtith ar without a parmanmit taaYtation ~ oonnact'.ed to the r+equirad utilities. Fbr Floodplain Marmgemerct PuzPoses, the term "manufactured hie" also irr1,~,~9~a park trailers, travel trailers affi other similar vehicles placed on a site for more than 180 oonseaitiva says. S) Mean sea Lsyel means, far purposes of the National Flood ~surenoe Ptegzam, tree National ceodatic Vertical Datum (NGVD) oP 1929 ar other datum, to w2iidi base flood elevations shown on a o~u~ity's Flood Insuranos Rate Map are refezenoed. -7- oRna~ tun. lalx T) Ma~factvr+ed Hime Etirk ar Subdivision ' meaner a pnroal (ar oontiguaua par+pals) of land divided Into , Lwo ar taat+s manutacttu.~eci home lots for sale, ar resit. U) ZFew Oor~etruction maszm atnyctures far whidi the start of Ca'18trVCtiCdi CaaOenoed on or attar the effective date o! this Qsaptar. V) One Htmdrad Year Flood or ~~100-Year FloodM means a llaod which has a a~a pes~oent annual probability of being equalled or enaoeeded. It is ia+~ to the "base flood", which will be the laser used throtx~out this Q~aptar. 47) means an individual or his agent, film, , .association ar aorpo~atian, ar agent of the ato groups, or this state ar its agencies ar political subdivisions. X) Bemedy a Viol.aticn means to bring the stttscture ar other developent into oomplianoe with state ar local lloadplain managemesnt regulations, ar, to reduce the impacts of its nnc~lianoe. ways that impacts may be reduced include prnlectirg the structxu~e or other affected devatopment from flood damages, ia~lementing the enforoem~t provisions of the ordinance ar otherwise deterring future similar violations, ar reducing Federal fi.,~„r•~,~t with x+egard to the structur+a ar other development. Y) eR1v nine means relating to, farmed by, ar resembling a river (includinng tributaries), stream, betook, etc. 2) Special Flood Hazard Area (SFHAt means an area having special flood ar flood-related axnsion hazards, and shown on a FHPM or FIId3 as Zone A, AA Al-30. AA) Sta1't o! OOnetrtlCtiO[1 includes substantial i3q~rvVenment, and means the date the building permit was issued, provided the actual Start. Of oonstrurction, r+epnir, reoanatructicn, placement, ar other inipavvesnant was within 180 days of the permit data. the actual start means either the first plao®ent of permanent aormtructiat of a structtn:e an a site, such as the pouring oP of slab ar footings, the installation o! piles, the ocnstruction of columns, ar any work beyond the stage of e~ocavatirn, ar the plaoemesst oP a merufactured home on a foundatirn. -8- ~tDINANCE N0. 1412 Permanent ::: oonstrvcti~oa~ dams not'itrlude' latfd pz+epnraticsi suds as clearitg, grading aryl tilling; t~ does.it imlude excavatiost far' a basement, footings, Piers, ar fourdaticns ar the erecticn of rY ..farms; nor does it iirlude the irsetallatian at the property. of aooeseary buildirs~s, sods as garages ar sheds not ooaspiad as dwelling units ar not part oP the main structure. ffi) means a walled and roofed building (is'ticltsdirg a qas ar li;,i~ . sta~rage tank) that is primarily above gzcnsrd, as well as a manufactured hags. CC) means any repair, reoonstnrction, ar improvetomit oP a stnLCtsue, the cost o! which equals ar exceeds` !iffy petnent of the market value of the sttvcture either: 1. Before the imprwesaerst ar repair is started; ar 2. Zt the stricture has been damaged and is being restored, befa~z+e the damage occurred. FYar purposes of this detiniticrs "substarstial improvement" is considered to aocair whets the first alteration o! any wall, ceiling, floor, ar other structxnal part of the building commences, whether ar not that alteration affects the external dindensiass of the strtsctssre. use term dose mt, however, include either: 1. Any project far isgavvemm~t of a structure to corr~ly with existing state ar local health, sanitary, ar safety Dods speciticaticns which ar+e solely neoessar5- to assure safe living oonditionss ar 2. Arty alteration of a stnsctsrre listed on the National Register of Historic Places ar a State Irrvmttozy oP Historic Plaops. ~) y means a grant of relief tztan the r+equir+ements of this tlrapter which permits cortstsuctian in a nsanner that would ottserwise be prohibited by this ~sapter. Fes) y olatic~- teeana the tailors oP a struchise or other developrent to comply fully with the oansmity's floodplain mnnagmnerst regulations. A ststscttsz'e ar other development without the elevaticn oeistific~tte, other oertific~tia~s, ar other evidmxsa of oamplianoe required in this ordinance is pressadad to be in .violation until such time as that docunentation is pmovided. -9- 16.52.OL:-- L^~i° }^: w1,i~ ~ A,w~ e.- ~.:,~1: °-°• 'lhls C'haPtY! Shall apP1Y to Special Flood Hazard Areas ...within the City. 'Ihe Special F1oad Hazard Area ~ ~*+r{ *i ed by the Feda~ral tilsuranoe ~+i *+~ R*+~tion in a scientific anti engineering report entitled "'ihe Flood Instt<ance 6tudy for the City of Cupertino," dated Navmnber, 1979, with aocmq~anying Flood Illsuranoe Rate Maps as amen3ed frmt time to time is adopted by reference and declared to be a part of this Qlapter. '121e Flood Insurance study is an file in the Department of Public Works. 16.52.012: Ckc:mlianoe. No structtue ar land shall hereafter be oonstnacted, located, extended, converted, ar altered without full oaopliance with the terms of this Chapter and at2ser applicable regulations. Nothing herein shall prevent the City of Cupertino fmn taking suds lawRil action as is necessary to prevent ar z+®edy any Violation. this Chapter is not ilrtertded to z+epeal, aturogate, or impair any ~t~3 easements, wvenanta, ar deed restrictions. However, where this Chapter ant a statute. or~dinanve, easement, covenant, pr deed restriction conflict ar overlap, whidwsver inq~oses the more stringent restrictions shall prevail.. 16.52.013: r*+t'~**+w++atio~-. In the interpretation and applicaticsl of this Chapter, all provisions shall be: A. Considered as miniman zgquizaoentst 8. Strictly oanatrued; and C. Deemed neither to limit nar repeal any other powers granted under state statutes. 16.52.014: Warni_no _and Di_•~laimar otI•rhility, 2ha ~ of flood Protection required by this Chapter is ootLSidered reasca:able Par regulatory purposes aryl is based an scientific an! ooz:sidaratia:s. Lntc~ar floods can a~ will occur on raro~icna Flood heights may be increased by man made ar natural causes. Zhis Chapter does not imply that ].and outside the areas o! special flood hazards or uses permitted within such az+eas will be free frnm flooding ar float damages. Zhis c2:apter shall not ct+eate liability an the part of the City, any officer ar employee thereof, ar the Federal Insura:tos Administration, far any flood damages that may result tram reliance cel this Chapter ar say actoinie~trative decision lawfully made there:a:dar. 16.52.016: Violation:--Penalty. Any parse: who Violates the prpvieicns of this Chapter shall be guilty of an infraction and upon oalvictia: thereof stsall be p:mished as provided in Chapter 1.12. -1o- a~Dnu~rtt~ r~o. 1a12 . - - . ARTZCCE II. 16.52.020 Establi~~^e^* of Develt~ament Permit. A developm~arst permit c}u7 7 be Obtained before I1ew OR16t211C:ti0ri, Olsbstafltial iapr+OVemetlts ar development (including the plaoeffint of p~rBfabricated buildirx3s and manufactsned hoes within any area, established in Section 16.52.011. Application far a develaismnt permit shall be made on forms furnished by the Director of Planrsil'rg affi Commiasity Dievelopnent, and may include, but not ba limited to: plans in dssplicate drawn to scale showing the nature, location, dissw.nsions, and elevations of the area in question; existing or proposed strssctures, fill, storage of materials, drainage Facilities; and the location of the foregoing. Specifically, the following informatics is required: A. Proposed Elevation in relation to mean sea level, of the laaest floor (irscludirs3 basement) of all structuresi in Zrne AO, elevation of highest adjacent grade and psvposed elevation of lowest floor of all H. Proposed Elevation in relation to mean sea level to which any stslscture tsar been rloodpx+oofea: C. All appmopriate certificates listed in Section 16.52.021 (C)(1) of this Chapter D. Desariptios of the extent to which-any watercasrse will be altered or relocated as a result oP proposed development. 16 52 02n Designation of Director of Planniria and Camcamity Development. Zhe Director of Plannirng and (xamamity Development is appointed to adtainister and implement this Ctna~pter by ~~~J ar ~Y~J develcpnerst permit applications in aooorslanoe with its pmovisions. 'Ilse duties and respornsibilities of the Director o! Plannirig grid Con~usity Development shall iirlude, but not be limited to: A. Permit Review ZYse Director shall: 1. Review all developmerit permits to determine that the permit requirensennts of this Qsapter have been satisfied, and that buildirig sites are reasoiably safe from lloodingt 2. Review all development permits to det~mi2>e that all necessary permits have been obtained from those leder'al, state ar local goverrmierntal agericies fznm which priar approval is required: -11- ORDII~lNCE N0. 1412 3. Review all developmerrtr °: permits ' to ':°dstattaitls it the pmopoeed development adversely affects the flood-canyiry capacity of the tloodwaiy, ar ar+ea whaze -the `baba flood elevation has been deta~aitr~ed, but the floodway° has rat been designated, Fam ,purposes of this ttraptar, "adversely attect~" means that the c~sulative erttect of the pmopoeed devalapmmlt when oaabined with all other existirz~ and anticipated development will not increase the water surfaos elevation of the base flood moms than one toot at any point. B. Use of other Bn_+~+ ~~ n+*A F3ren bass flood elevation data has not provided in aooasdanoe with Section 16.52.011 (Inrx~s to whit3r Development a~lobtain, review, and oreascx:aba l~y~utilize any base flood elevation and floodway data available !rra a federal, state ar other souroa, in order to +~i*+i~+~ Sections 16.52.051 (Residential canstnyotionj and 16.52.052 (Nairesi~i..,,rir~ aa~stxsrcticn) . C. lnton~tion to be obtained and maintained Tlse Director shall: 1. Maintain tam public inspection aryl melee available the lollowirg oeztificaticn: a. Flaar elevation, as required in Sectia¢~s 16.52.051 and 16.52.052. b. ffiavations in area of shallow flooding in Section 16.52.042 and 16.52.054.. c. ffievations/Floodpmoofirg of ncn-r+esi~i~~ in Section 16.52.052. d. Flat tloodpmoofing standartt in Section 16.52.042 (E). e. Subdivision standards in Section 16.52.044. !. Floodway errcmadmr~rts in Section 16.52.055. 2. Maintain tar public irsspection all z~eoords pertaining to the pmavisiacm of this Chapter. D. Alteration o! Watercourses Rhe Directar shall: 1. Notify adjacent oaianazities, Santa Clara valley Water District, anti the Depnrtmerrt of Water Rseasoes o! the State o! California psiam to .any alteratim ar ralocaticn of a wat~er~oourse, -aryl submit evidence o! suds natificatim to the Federal Insurance ~iniatrationr 2. Require that maintenance is pmovided within the altered ar relocated portion of said watercourse so that the flood~;arzyirg capacity is Trot diminished. -12- i • ORDII~ANCE N0. 1012 ;.i ~ ,, _,. s .. 4: . E. Intez~aretation of -FIfai Bcxmdariaa Rhe ;Directoz' shall ma)aa itltetps+etatiGnB w'her~a 2nadsd, as ! to 'the, exact `loartiort Of the bv~u~larias of the special flood hazazd ax+aa (fas exanQie.:whnta thtre appears to be a oanflict between a mapped botmdary and actual field oonditia~s) . ~a parson axttasting the location o! tha boundasy shall. be given a zeasorabls apportratity to appeal the intezprstation ae provided in Article III :(VARIANCE Pt~A2E). F. Take actic~ to remedy violations of this Chapter as p~zWided in Section 16.52.012... ;; rc_ 1 Sri»_ .. r _ _ , r" . h! ..:.. J, w ~;:" ...3.:i.ES;7 a.Ci y .k:.~.,... !)i '."1 .. ;ate , e} 1: " _ ..A ' ~ ~ _~. _; ._ ~ ,_ _ _. __ .. ._ _.. _ F _ .,. _L Y~`=~c _. _,., ~- .- ,_? ,.. ,. .c_. _ -. ~ ~ ~. _. ; ': ~s~ ~ 3 . _. _.. .^~r5 _ .. ~ ~_'7L'1:''~i~' ~~~ ca~Dna~NC~ No. lal2 ARTICiE III. VARIANCE PROCEDi1RE 16.52.030 At:'x~es_1 Board. A. RYse Plannirq Commission shall hoar and decide appeals std z+equesta far vasaarscee ~ the requiz+~oassts' of this Chapter. B. Rise Planning Cc~isaion sha7.1 hear and decide appeals wtsess it is allegod there is an error in any red+i*+~+~~+*, decisicn, ar dstezminaticn made by the Director o! Plarnsing Development in the enfaroetnesst o! administration of this Chapter. 1. Any person aggrieved by the decision of the Planning Oommieoicn may appeal such decision to the City Council, in aooordanoa with Secticn 8 of Procedural dtdinanoe No. 652. 2. In passing upon such applications, the Planning Commission shall consider all tedsnical evaluations, all relevant factors, standair]s specified in other sectiass of this Chapter, and: a. Rhe danger that materials may ba swept auto other lards to the irrjuLy o! othes.'si b. Rho danger to life asd property due to flooding ar erosicn damagat c. Rhs susceptibility of the pxgoosed facility and its oosstessts to flood damage and the affect of such damage ass the irsdividual owner; d. Rhe ingortanoa oP the services provided by the proposed facility to the oomnusityi e. Rtsa necessity to the facility of a watartzrostt location, where applicable: f. Rhe availability of altexrsativa locations, far the proposed use which era not subject to flooding ar erosion damages g. Rise compatibility of the proposed use with sedating and anticipated development; h. Rise relatia:stsip of the proposed use to the ~ehensive plan and floodplain marsagement program far that area= i. Rise safety of access to the p~ropetty in times o! flood far the omdinary and emezgency vehicles; j. Rhe ascpec-ted heights, velocity, duration, rate of rise, asxl sediaiesst transport of the floodwaters and the effects of wave action, i! applicable, expected at the sites and k. Rise oasts of providing govas:tmsarstal services during and after flood ooniitions, including maintenarae and repair of public utilities and facilities suds as sewer, gas, electrical, and water systems, and streets and bridges. -14- a~DamatcE rro. 1a12 3. Genasallyy, variat~oss, may bs,. is~xd far .new.. a~ns~trvction and substantial impirovenoents to be erected an a lot o! oa~e-half acre ar-.less .in size contiguous- to and surxwnded by lots with structur+ss ooretru~.~ted below the base flood level, providing e'ubdivisiats 1 t2uvugh 11 in subsection 2 of Section .16.52.030 have been fully oonaidered. As the lot eiza increases beyorri one-halt acre, the technical justificatic~ required far issuing the varianoe increases. 4. Upcaz consideration of the factozs in subsection 2 of Section 16.52.030 and the purposes of this Chapter, the Planni~ ~m:ission may attach such ocmditions to the granting of variances as it deems necessary to further the ptuposes of this Q~apter. 5. 'Ihe Direc.°tor of Planning and CXmo~mity Development shall ma{r,t>.in the reocrds o! all appeal actions and report any variances to the Federal Instttanoa Administration upon request. X6.52.035 ~ti~ for Var~a~ T~©,ATM;z. A. Variarxcss may be issued for the reconstruction, rehabilitation ar restoration of ~ listed on the Natiar~al Register of Histaric Places ar the State Inventory o! Historic Places without ragazd to the procedures sat forth in the xr~ainder of this section. B. Variances shall not ba issued within any designated floodway if any .increase in flood levels chiring the base flood discharge would result. C. Variances shall only ba iss-ued upai a detezmination that the variance rebel. ~~ rYr ~ the flood hazard, to afford D. Variances shall only be issued upon: 1. A showing of ciood and sufficient causes 2. A determination that failure to grant the variance would result in e~aoepticnal hardship to the applicant; and 3. A detenoination that the granting o! a variance will not result in increased flood heights, additional threats to public safety, e:ctraerdirsary public expense, create tniisanoes, cause fraud on ar victimization of the public, ar conflict with existing local laws ar ardinartcrs. E. 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 floar elevation below the base flood elevation and that the cost oP flood insurance will be oamnensurate with the increased risk resulting frcaa the reduced lowest floor elevation. A Dopy of the notice shall be recorded to run with the land. olzDamxc~ rx~. 1a12 AAR2C[E Iv. GFNIItAL sTANDARnB `fCii FtDdD BAZAitD REDZIC't2tN 16.52.040 aa.,o.~,.t 6tarrdartls. All Special Flood Hazard Areas are governed by the General Starxlards set lorth hf this Article. 16.52.041 Arfc3tor`ira. A. All new art>strectran aM substantial imprvvemants shall ba arx3rored to prevm~st flotation, wllapse ar`lateral movement of the stnrcture resulting fivm hydrodymm~ic and hydrostatic loads, hrcludiry the effects of buoyancy. B. All new and replaoermnt manufachmed homes and substantial additions to marnrfactured hams shall: 1. Be elevated so that the lowest floor is at ar above the base flood elevatiant and 2. Be securely androred to a penoanent loutxiation to resist flatathxr, collapse, ar lateral movement. 16.52.042 oorrsttuction materials and methods. A. All neW oa~sctian and substantial iagarovanerrts shall be aor:strucked with new materials and utility equipnant rtmistarrt to flood damage. B. All new oonstivction arri substantial improv~mrrts shall be ooc~atructed using mettnds arzi practices that minimise flood damage. C. All new oonstarctiar and substantial iapmovemertts shall be constructed with electrical, heathy, verrtilatian, plumbing and air orndit3cethtg equipment and other service facilities that era designed. arx~/ar locates so as to prevent water fran errteriry ar ao;mnnulathy within the oarQac~errts durhy oorditica~s of flooding. D. Within Zane M, provide adequate drainage paths aruad atn~ctur~es on slopes to guide flood waters an~ud aryl away frsm proposed E. All new oatstLtli.'tiacr and substantial iagrttyvemerrts that lolly enclose areas below the lowest floor that are subject to floodhy ehal.l be designed to automatically equalize hydrostatic flood forces an exterior walls by allowity Par the entry aril exit of floodwaters. Designs far meetity this r+equiremestt must either be certified by a registered prvfeseianal engineer ar ara3siteot ar meet ar exceed the following minirnmt criteria: -16- camn~mx~ rro. 1a12 ~ . , _. i. Either ;a minims of two `having a-total nit%azan of eat lase than one square infi for every square foot of enclosed area subject to, flooding shall ba provided.; Zlsa bottaa of all agenings shall be no higher than one foot above grade. opetsings may- be equipped withscr+aetrs, lauuena, Valves or other coverings or; clsvioas provided that they permit the automatic entry and exit of fl~odwater~t or 2. 8e testified to omiply with a local flooclQroofing standard approved by the Federal Insurance jldminic*ratipn, 16.52.043 Utilities. Utility requirements era as follows: A. All new and replacement water supply aril sanitary sewage systems shall be clegig{yad to minimise ar eliminate infiltration of floodwaters into the system and disc2targe from the systems into floodwaters S. On-sits waste disposal systems shall be located to avoid impaizmmtt to them or oattamination fxcm them durirq flooding. 16.52.044 Strbdivisian aroooeals. Requir~errts for subdivieiocr proposals are as follows: A. All pa~+pt~mi*++++^y subdivision proposals shall identify the flood hazard area acrd the elevation of the base flood. B. .All. final subdivision plena will pravi,da the elevation of proposed stt~:ct<u:e(s) and pads. If the site is filled above the base flood, the fiat pad elevation shall be certified by a z+egistered professional engineer or surveyor aryl provided to the Director of PlarIISing and ~u:ity Develolanent. C. All subdivisions proposals shall. be oonsistertt with t2se need to minimise flood damage) D. All subdivisions proposals shall have public utilities and facilities such as sewer, goer electrical, and water eystmms located acrd oonsttucted to minimize flood damage; E. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage: aryl -17- atDirmHCe rtD. 1a12 ARTICLE v. sPnc~ic srArID~DS ~ FIAOD FD1zARD RE37UCFICN io.aa.v~~ aDBC1riC aT.aflOarCS Rh+rw,~r,o~.r~ n ~i*,m ~r,n ~.nnwa s~-zm _ Itl all special flood hazards anaaa, inaluciing 2.ctfes Al-30 where base flood elavatiai data has been pmovided as eat forth in 8ectiQS 16.52.011 (lards to Which Zhis Applies) ar subeecsti,on B of Section 16.52.021 (Use oP Other Base Flood Data), or in [haarmbered A Zones where base flood level must be determined, the following additional provisia:s as set forth in this article are zacKirad. 16.52.051 Residential [r.,atr+,r-firm, 2tew CaS8t1uC~AR atYi fa,i~ctr„1-iw1 improvements shall have the lowest Hoar, including basaaent, elevated to ar above base flood elevation. Upoci the canlaletiat of the structure, the elevation of the lowest floor irrltxiiag bnsmnent shall ba oertified by a registered p~vfeseiar~al engineer ar suxvayor, ar verified by the o~nmity building inspectar to be prcparty elevated. Stich certification ar verificaticna shall ba provided to the Diuector of Planning and Development. 16.52.052 Nonresir~+i,_tiw7 c~_ ,,,.+iey,, ~y pp~ ~ ~g~jgl i:~a+ovmn~t of any o®ercial, industrial ar other nonrasidentini structure shall either have the lowest Haar, including baseoent, elevated to ar above the level of the base flood elevations ar, together width attendant utility affi sanitary facilities, shall: A. Ba Ploodp~roofed so that below the base flood level the structure is wQ-t~ertight with galls m1}1Q*~*+*iAliy i~ermeable tG the passage of Waters B. Have structural opts Capable of resisting hydrostatic and hydrodynamic loads and affects of buoyancyt and C. Ba certified by a registered professional engineer ar architect that the standards of this subsection era satisfied. bvch oertificatia:s shall be provided to the Dirt~ctor o! Plantitxg and Oatmaazity Dsvelopmerct. , 16.52.053 Mamifactured homes. A. Maralfacturad homes shall be anchored in aocozr]anoe with subsection B of Section 16.52.041. B. Tmprarementa to manufactured h~a parks and manufactured bane subdivisions as described in subsections a tht~ough c below shall ba required under the following ciraffitanoes: 1) Far new manufactured haffi parks and manufactured boas subdivisions 2) Far expnnaia~s to existing manufactured bane parks and manufactured bane subdivisiasa oRDnuNC~ No. lai2 3~ kar ,metnitaatuz+ed- haaa::parks and meraifactuibd hcc~e subdivisions where the rePatr, r~eoonetruction or of :the streets, .utilities ' and pads equals ar e~aoeede~E Pez~tt of the value of the sto:+eets, utilities and pads befa~re the repair, reconstruction ar imprvve~ment has oaRnenoed 4) Far manufactured haves not placed in a manufactured hcme park or manufactured hcme subdivision, it shall be required that:' a. StarrLs ar lots are elevated on aztgaacted fill ar on pili~s so that the lowest floor of the manufactured home will be at ar shave the base flood level: b. Adequate surface drainage and access far a hauler are prwidect; and a. In the instance of elevatim of pilings, that lots are large enough to Permit stePst Piling foundations are placed in stable soil no more than ten feat apart; and reinforcement is provided for pilings more than six feet above the gnxud lave].. 16.52.054 bbecifio Stt~rxi~*~4 (Zone NJ1. Zhe lollawing provisions shall apply to any area designated an ACt Zane in Sectic¢1 16.52.011. 4he ra~rn.lr~,ta for drainage paths as specified in Section 16.52.042 (D) shall apply to corbstruction autharized within the AD Zone. A. Residential: All new oonstn~ction an3 substantial improvements shall have the lowest floor, including basement, elevated above highest adjacent grade at least as high as the depth number specified on the FIIai ar at least two feat above highest adjacent grade if no depth nu¢~er is specified. C7ertification~ ilpcn oaq?letian of any new ar substantially improved structure in~ Zone NJ, the elevation of the lowest Hoar, including basement, shall be certified by a registered professional etgineer ar survayar, ar verified by the amity building inspector to be p~rnpF.rly elevated. Such certificate ar verificaticn shall be provided to ttse Floodplain Achn~nistrator. B. Nonresidential: All new crs~stxuctian and substantial i~ shall bB elevated as provided in Section 16.52.054 (A) of this Chapter, ar 2. Together with attendant utility and sanitary facilities be completely floodproofed to ar above that level so that any space below that level is watertight with walla substantially impermeable to the passage of water and with stnictural camnm~ertts having the capability of resisting hydrostatic and hydrodynamic loads atxi effects of buoyatxy. -19- ra. lals 3. 8p, ..certified: by . a Rsgiste~r+ed:Profaesiannl ~ginear ar-architect th~t:...the standaraa of this subsection` era satisfied. sudz oertificatian shall be provided to the Director of Plarfninq and Developoent. X6.52.055 Floodws•rs. Iccated within areas of special flood hazar3 established in Section 16.52.011 are areas designated as floodways. since the lloodway is an extr+esaely hazaxdaus area due to the velocity of floodwaters ud~ic3i cagy debris, potenti,~~ pr,~j~,{les. and erosion Potential, the Pollowinq provisia~s apply: A. Prohibit dents, irrludi~ fill, new oonstsuctian, substantial i~veoertts, and other development unless certification by a register®d professional engineer ar architect is provided demonstrating that encznndnnents shall not result in any increase in flood levels during the oaauz~+s~ce of the base flood diacfiargei B. If Section 16.52.051 is satisfied, all new c~orstrtiction and substantial i~rweme:st8 shall Damply with all applicable flood hazard reduction: provisiam of Article IV. (C~tAL STANOAROB FCHt FIJ]00 FDIZARD ~ G Prohibit the plaosmmtt of .any maraitactur~ed home, eomept within a msnufactured home subdivision.