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HomeMy WebLinkAboutORD NO 3124ORDINANCE NO. 3124 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING SECTION 15.74.005, 15.74.010 H., 15.74.025, AND 15.74.150 C.4. AND C.5. TO, AND AMENDING SECTIONS 15.74.050, 15.74.110 D. AND 15.74.150 B.4., C.2. AND C.3. OF, THE BAKERSFIELD MUNICIPAL CODE RELATING TO FLOOD DAMAGE PREVENTION. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 15.74.005 is hereby added to the Bakersfield Municipal Code to read as follows: 15.74.005 Statutory authorization - Findings of fact. A. Statutory authorization. The Legislature of the State of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. The City of Bakersfield is likewise empowered by its Charter. B. Findings of fact. 1. The flood hazard areas of the City are subject to periodic inundation which results in loss of life or 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 floodproofed, elevated or otherwise protected from flood damage also contribute to flood loss. SECTION 2. Section 15.74.010 H. is hereby added to the Bakersfield Municipal Code to read as follows: 15.74.010 Purpose. H. To insure that those who occupy areas of special flood hazard assume responsibility for their actions. SECTION 3. Section 15.74.025 is hereby added to the Bakersfield Municipal Code to read as follows: 15.74.025 Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. A. "Appeal" means a request for a review of the administrator's interpretation of any provision of this chapter or a request for an exemption. B. "Area of shallow flooding" means a designated AO, AH or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeter- minate, and velocity flow may be evident. C. "Area of special flood-related erosion hazard" means the area subject to severe flood-related erosion losses. The area is designated as Zone E on the Flood Insurance Rate Map (FIRM). D. "Area of special flood hazard" - See "Special flood hazard area". E. "Base Flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). F. "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. - 2 - G. "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave actions without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: 1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and 2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. H. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. I. "Exemptions" - see "variance". J. "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of flood waters, (2) the unusual and rapid accumulation or runoff of surface waters from any source and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cycli- cal levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. K. "Flood Boundary and Floodway Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated Doth the areas of flood hazard and the floodway. L. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. M. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. N. "Floodplain of flood-prone area" means any land area susceptible to being inundated by water from any source (see defi- nition of "flooding"). O. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. P. "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regu- lations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide stan- dards for the purpose of flood damage prevention and reduction. Q. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustment to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. R. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory floodway". S. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. T. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. U. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. V. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent. W. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. X. "New construction" means, for floodplain management purposes, structures for which the "start of construction" com- menced on or after the effective date of a floodplain management regulation adopted by this community. Y. "One hundred year flood" or "100-year flood" means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood", which will be the term used throughout this chapter. Z. "Person" means an individual or his agent, firm, partnership, association, or corporation, or agent of the afore- mentioned groups, or this state or its agencies or political subdivisions. AA. "Remedy a violation" means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. BB. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. CC. "Special flood hazard area (SFHA)" means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, VO, V1-V30, VE or V. DD. "Start of Construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, - 5 - placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of per- manent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent con- struction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of tem- porary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. EE. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. FF. "Substantial improvement" means any repair, recon- struction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. GG. "Variance" means a grant of relief from the require- ments of this ordinance which permits construction in a manner that would otherwise be prohibited by this chapter, called an "exemption" herein. HH. "Violation" means the failure of a structure or other development to be fully compliant with the City's floodplain management regulations. A structure or other development without - 6 - the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in viola- tion until such time as that documentation is provided. SECTION 4. Section 15.74.150 C.4 and C.5 are hereby added to the Bakersfield Municipal Code to read as follows: 15.74.150 Standards of construction. C.4 Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: ae Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of flood- waters; or Be certified to comply with local flood- proofing standards approved by the Federal Insurance Administration. C.5 Manufactured homes shall also meet the above standards. SECTION 5. Section 15.74.050 of the Bakersfield Municipal Code is hereby amended to read as follows: 15.74.050 Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions - 7 - and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City from taking such lawful action as is necessary to prevent or remedy any violation. SECTION 6. Section 15.74.110 D. of the Bakersfield Municipal Code is hereby amended to read as follows: 15.74.110 Duties and responsibilities of the administrator. D. Upon determination that an application satisfies the requirements of this chapter and that all other required state and federal permits have been obtained, issuance of a development per- mit. SECTION 7. Section 15.74.150 B.4, C.2 and C.3 of the Bakersfield Municipal Code are hereby amended to read as follows: 15.74.150 Standards of construction. B.4 Adequate drainage paths shall be required around structures on slopes to guide flood waters around and away. C.2 New construction and substantial improvement of any structure in Zone AH, AO, or VO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Non- residential structures may meet the standards in Section 15.17.150 C.3. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the City Building Director to be properly elevated. C.3 Nonresidential construction shall either be elevated in conformance with Section 15.74.150 C.i. or C.2. or together with attendant utility and sanitary facilities, shall: be floodproofed so that below the base the structure is watertight with walls impermeable to the passage of water; flood level substantially have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and - 8 - be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. SECTION 8. This ordinance shall be posted in accordance with the City charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on October 21, 1987 , by the following vote: AYES: COUNCILMEMBERS: CH LOS, CHRISTENSEN MOORE, DtSKER30~ $ALVAGGIO NOES: (;OUI~ICILr~EMBEFIS:, ~-I~.' ' SMITH, BATTY.. ..... ABSENT: COUNC,LMEMBERS: ABSTAINING: COUNCILMEMBER,%: CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield the APPROVED October 21, 1987 of the City of Bakersfield 5~kYOR PRO TEMPORE ~ Ptchard J. Oberholzer APPROVED as to rorm:c. Y Attorney ...---~": _.~' 13y: , __.-: 00RD 5 ~ FLOOD. 1 7/24/87 - 9 - AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) 85o County of Kern) CAROL WILLIAMS, Being duly sworn, That she is the duly appointed, of Bakersfield; and that on Bulletin Board at City Hall, ORDINANCE The Bakersfield City Council and entitled: deposes and says: acting and qualified City Clerk of the City October 23 , 19 87, she posted on the a full, true and correct copy of the following: , No. 3124 passed by at a meeting held on October 21, 19 87, AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING SECTION 15~74~00~5~ 15~74.010 H., 15.74.025, AND 15.74.150 C.4.~ AND C.5. TO, AND AMENDING SECTIONS 15.74.050~. 15.74.110 D. AND 15.74.150 B.4., C.2~ AND C.3.. OF, THE BAKERSFIELD MUNICIPAL CODE RELATING TO FLOOD DAMAGE PREVENTION. CAROL WILLIAMS CITY CLERK of the City of Bakersfield BY:DEPUT~/i ty C/erk /, AOPNS