HomeMy WebLinkAboutORD NO 5062ORDINANCE NO. 50 6 2
ORDINANCE AMENDING CHAPTER 15.74 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.
Chapter 15.74 of the Bakersfield Municipal Code is hereby amended to read as
follows:
Chapter 15.74 FLOOD DAMAGE PREVENTION
PART I. Statutory authorization, Findings of fact, Purpose, and Methods.
15.74.005 Statutory authorization—Findings of fact.
A. Statutory Authorization. The Legislature of the state 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 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 flood proofed, elevated or otherwise
protected from flood damage also contribute to flood loss.
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15.74.010 Purpose.
It is the purpose of this chapter to promote the public health, safety, and
general welfare, and to minimize public and private losses due to flood conditions
in specific areas by provisions designed:
A. To protect human life and health;
B. To minimize expenditures of public money for costly flood control projects;
C. To minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in
areas of special flood hazard;
F. 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
blight areas;
G. To have available for potential buyers, upon request, information that
property is in an area of special flood hazard; and
H. To insure that those who occupy areas of special flood hazard assume
responsibility for their actions.
The provisions of this chapter are intended to supplement and complement
those of Chapters 17.42 and 17.44 of the municipal code. Whenever satisfaction
of the requirements of any of these three chapters effectively accomplish the
intent of the others, authority is specifically delegated to the building director to
implement procedures to avoid redundancy and simplify processing of required
permits.
15.74.020 Methods of reducing flood losses.
In order to reduce flood losses, this chapter provides for:
A. 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; oF0pKF9s
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Requiring that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial
construction;
C. Controlling the alteration of natural floodplains, stream channels, and
natural protective barriers, which help accommodate or channel flood
waters;
D. Controlling filling, grading, dredging, and other development which may
increase flood damage; and
E. Preventing or regulating the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards in
other areas.
PART II. Definitions.
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.
1. A zone: See Special flood hazard area.
2. AE zone: See special flood hazard area.
3. AO zone: See special flood hazard area.
4. Accessory structure means a structure that is either:
a. Solely for the parking of no more than 2 cars; or
b. A small, low cost shed for limited storage, less than 150 square feet
and $1,500 in value.
5. Agricultural Structure means a walled and roofed structure used
exclusively for agricultural purposes or uses in connection with the
production, harvesting, storage, fairing 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.
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6. Alluvian fan means a geomorphologic feature characterized by a cone
or fan -shaped deposit of boulders, gravel, and fine sediments that have
been eroded from mountain slopes, transported by flood flows, and then
deposited on the valley floors, and which is subject to flash flooding, high
velocity flows, debris flows, erosion, sediment movement and deposition,
and channel migration.
7. Appeal means a request for a review of the administrators interpretation
of any provision of this chapter or a request for an exemption.
8. Appex means a point on an alluvial fan or similar landform below which
the flow path of the major stream that formed the fan becomes
unpredictable and alluvial fan flooding can occur.
9. Area of shallow flooding means a designated AO, AH or VO zone on the
flood insurance rate map (FIRM). The base flood depths range from one
to three feet, a clearly defined channel does not exist, the path of
flooding is unpredictable and indeterminate, and velocity flow may be
evident. Such flooding is characterized by ponding or sheet flow.
10. Area of special flood hazard: See special flood hazard area.
11. Base flood means the flood having a one percent chance of being
equaled or exceeded in any given year (also called the one hundred -
year flood).
12. Base flood elevation (BFE) means the elevation shown on the Flood
Insurance Rate Map for Zones AE, AH, Al -30, VE and VI N30 that indicates
the water surface elevation resulting from a flood that has a one percent
or greater chance of being equaled or exceeded in any given year.
13. Basement means any area of the building having its floor subgrade
(below ground level) on all sides.
14. Building -- see structure.
15. 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
or storage of equipment or materials.
16.
Encroachment means the advance or infringement of uses, plant growth,
fill, excavation, buildings, permanent structures or development into a
floodplain which may impede or alter the flow capacity of a floodplain.
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17. Existing manufactured home park or subdivision means 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
street, and either final site grading or the pouring of concrete pads) is
completed before May 1, 1985, the date which the first flood
management ordinance was adopted.
18. Expansion to an existing manufactured home park or subdivision means
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).
19. Flood, flooding, or flood water means
a. A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland or
tidal waters; the unusual and rapid accumulation or runoff of surface
waters from any source; and/or mudslides (i.e., mudflow); and
b. The condition resulting from flood -related erosion.
20. Flood Boundary and Floodway Map (FBFM) means the official map on
which the Federal Emergency Management Agency or Federal
Insurance Administration has delineated both the areas of special flood
hazard and the floodway.
21. 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.
22. 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.
23. Floodplain or flood -prone area means any land area susceptible to being
inundated by water from any source (see definition of flooding).
24. Floodplain administrator means the individual appointed to administer
and enforce the floodplain management regulations.
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25. Floodplain management means the operation of an overall program of
corrective and preventive measures for reducing flood damage and
preserving and enhancing, where possible, natural resources in the
floodplain, including but not limited to emergency preparedness plans,
flood control works and floodplain management regulations, and open
space plans.
26. Floodplain management regulations means zoning ordinances,
subdivision regulations, building codes, health regulations, special
purpose ordinances (such as floodplain ordinance, grading ordinance
and erosion control ordinance) and other applications of police power
which control development in flood -prone areas. The term describes
such state or local regulations, in any combination thereof, which provide
standards for the purpose of flood damage prevention and reduction.
27. Flood proofing means any combination of structural and nonstructural
additions, changes, or adjustments to structures which reduce or
eliminate flood damage to real estate or improved real property, water
and sanitary facilities, structures, and their contents (Refer to NFIP
Technical Bulletins TB1, TB2, TB3, and TB7 (2021) for guidelines on dry and
wet flood proofing.)
28. 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.
29. Floodway fringe means that area of the floodplain on either side of the
"Regulatory Floodway" where encroachment may be permitted.
30. Fraud and victimization, as related to Section 15.74.180 of this chapter,
means that the variance granted must not cause fraud on or victimization
of the public. In examining this requirement, the city will consider the fact
that every newly constructed building adds to government responsibilities
and remains a part of the community for fifty to one -hundred years.
Buildings that are permitted to be constructed below the base flood
elevation are subject, during all those years, to increased risk of damage
from floods, while future owners of the properties and the community as
a whole are subject to all the costs, inconvenience, danger, and suffering
that those increased flood damages bring. In addition, future owners may
purchase the property, unaware that it is subject to potential flood
damage, and can be insured only at very high flood insurance rates.
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31. Functionally dependent use means a use which cannot perform its
intended purpose unless it is located or carried out in close proximity to
water. The term includes only docking facilities, port facilities that are
necessary for the loading and unloading of cargo or passengers, and ship
building and ship repair facilities, and does not include long-term storage
or related manufacturing facilities.
32. Government body is the City of Bakersfield, which is empowered to adopt
and implement regulations to provide for the public health, safety and
general welfare of its citizenry.
33. Hardship as related in this chapter means the exceptional hardship that
would result from a failure to grant the requested variance. The City
Council requires that the variance be exceptional, unusual, and peculiar
to the property involved. Mere economic or financial hardship alone is
not exceptional. Inconvenience, Aesthetic considerations, physical
handicaps, personal preferences, or the disapproval of one's neighbors
likewise cannot, as a rule, qualify as an exceptional hardship. All of these
problems can be resolved through other means without granting a
variance, even if the alternative is more expensive, or requires the
property owner to build elsewhere or put the parcel to a different use than
originally intended.
34. Highest adjacent grade means the highest natural elevation of the
ground surface prior to construction next to the proposed walls of a
structure.
35. Historic structure means any structure that is:
a. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined
by the Department of the Interior as meeting the requirements for
individual listing on the National Register; or
b. Certified or preliminarily determined by the Department of the Interior
as contributing to the historical significance or a registered historic
district or a district preliminarily determined by the Department to
qualify as a registered historic district; or
C. Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the
Department of Interior; or
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d. Individually listed on a local inventory of historic places in
communities with historic preservation programs that have been
certified either by an approved state program as determined by the
Department of the interior or directly by the Secretary of the Interior
in states without an approved program.
36. Levee means a man-made structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering
practices to contain, control or divert the flow of water so as to provide
protection from temporary flooding.
37. Levee system means a flood protection system which consists of a levee,
or levees, and associated structures, such as closure and drainage
devices, which are constructed and operated in accord with sound
engineering practices.
38. Lowest floor means the lowest floor of the lowest enclosed area (including
basement).
a. An unfinished or flood resistant enclosure below the lowest floor that
is usable solely for parking of vehicles, building access or storage in
an area other than a basement area, is not considered a building's
lowest floor provided it conforms to applicable non -elevation design
requirements, including, but not limited to:
L The wet floodproofing standard;
ii. The anchoring standards;
iii. The construction materials and methods standards; and
iv. The standards for utilities.
b. For residential structures, all subgrade enclosed areas are prohibited
as they are considered to be basements (see Basement definition.
This prohibition includes below -grade garages and storage areas.
39. 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 one hundred eighty consecutive days. 4 K,9q
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40. 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.
41. Market value shall be determined by estimating the cost to replace the
structure in new condition and adjusting that cost figure by the amount
of depreciation which has accrued since the structure was constructed.
The cost of replacement of the structure shall be based on a square foot
cost factor determined by reference to a building cost estimating guide
recognized by the building construction industry. The amount of
depreciation shall be determined by taking into account the age and
physical deterioration of the structure and functional obsolescence as
approved by the floodplain administrator, but shall not include economic
or other forms of external obsolescence. Use of replacement costs or
accrued depreciation factors different from those contained in
recognized building cost estimating guides may be considered only if
such factors are included in a report prepared by an independent
professional appraiser and supported by a written explanation of the
differences.
42. Mean sea level means, for purposes of the National Flood Insurance
Program, the North American Vertical Datum (NAVD) of 1988, or other
datum, to which base flood elevations shown on a community's flood
insurance rate map are referenced.
43. New construction means, for floodplain management purposes,
structures for which the start of construction commenced on or after May
1, 1985, the effective date of the floodplain management regulation
adopted by this community, and includes any subsequent improvement
to such structures.
44. New manufactured home park or subdivision means 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) is
completed on or after May 1, 1985, the effective date of floodplain
management regulations adopted by this community.
45. Obstruction includes, but is not limited to, any dam, wall, wharf,
embankment, levee, dike, pile, abutment, protection, excavation,
channelization, bridge, conduit, culvert, building, wire, fence, rock,
gravel, refuse, fill, structure, vegetation or other material in, along, across
or projecting into any watercourse which may alter, impede, retard or �eaKea
change the direction and/or velocity of the flow of water, or due to its° sT
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location, its propensity to snare or collect debris carried by the flow of
water, or its likelihood of being carried downstream.
46. One -hundred -year -flood or 100 -year flood: see base flood.
47. Person means an individual or his agent, firm, partnership, association, or
corporation, or agent of the aforementioned groups, or this state or its
agencies or political subdivisions.
48. Program deficiency means a defect in a community's floodplain
management regulations or administrative procedures that impairs
effective implementation of those floodplain management regulations.
49. Public safety and nuisance as related to Section 15.74.180 of this chapter,
means that the granting of a variance must not result in anything 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, river,
bay, stream, canal, or basin.
50. Recreational vehicle means a vehicle which is:
a. Built on a single chassis; and
b. 400 square feet or less when measured at the largest horizontal
projection;
C. Designed to be self-propelled or permanently towable by a light-
duty truck; and
d. Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or
seasonal use.
51. Regulatory 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.
52. 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 FenKFy�
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violations, or reducing federal financial exposure with regard to the
structure or other development.
53. Riverine means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
54. 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, At -30, AE, A99, AH, or
55. Start of construction includes substantial improvement, and means the
date the building permit was issued provided the actual start of
construction, repair, reconstruction, placement or other improvement
was within one hundred eighty days of the permit date. The actual start
means either the first placement of permanent construction of a structure
on a site, such as the pouring of 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
construction does not include land preparation, such as clearing, grading
and filling; nor does it include the installation of streets and/or walkways;
nor does it include excavation for a basement, footings, piers, or
foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or
sheds not occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions of the
building.
56. Structure means a walled and roofed building, including a gas or liquid
storage tank, that is principally aboveground, as well as a manufactured
home.
57. Substantial damage means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before
damaged condition would equal or exceed fifty percent of the market
value of the structure before the damage occurred.
58. a. Substantial improvement means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds fifty
percent of the market value of the structure either:
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H. If the structure has been damaged, and is being restored,
before the damage occurred.
b. 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:
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
ii. Any alteration of a historic, provided that the alteration will not
preclude the structure's continued designation as a "historical
structure."
59. Variance means a grant of relief from the requirements of the ordinance
codified herein which permits construction in a manner that would
otherwise be prohibited by this chapter, called an exemption herein.
60. 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 the elevation certificate, other
certifications, or other evidence of compliance required in this chapter is
presumed to be in violation until such time as that documentation is
provided.
61. Water surface elevation means the height, in relation to the North
American Vertical Datum of 1988(NAVD88) of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
62. Watercourse means a lake, river, creek, stream, wash, arroyo, channel or
other topographic feature on or over which waters flow at least
periodically. Watercourse includes specifically designated areas in which
substantial flood damage may occur.
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PART III. General Provisions.
15.74.030 Lands to which this chapter applies
This chapter shall apply to all areas of special flood hazards within the
jurisdiction of the city.
15.74.040 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard are identified by the Federal Insurance
Administration, through the Federal Emergency Management Agency in a
scientific study and engineering report entitled, The Flood Insurance Study for the
City of Bakersfield, effective May 1, 1985, with the accompanying flood insurance
rate map (including future amendments thereto) which is adopted by reference
and declared to be a part of this section. The various flood insurance studies, flood
insurance rate maps and flood boundary and floodway maps and all subsequent
amendments and/or revisions which are hereby adopted by reference are on file
at the office of the city engineer, 1501Truxtun Avenue, Bakersfield, California. The
Federal Insurance study and attendant mapping is the minimum area of
applicability of this chapter and may be supplemented by studies for other areas
which allow implementation of this chapter and which are recommended to the
Bakersfield City Council by the Flood Plain Administrator.
15.74.041 Severability.
This chapter and the various parts thereof are hereby declared to be
severable. Should any section of this chapter be declared by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of the chapter
as a whole, or any portion thereof other than the section so declared to be
unconstitutional or invalid.
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 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.
15.74.060 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing Fe^KFq
easements, covenants, or deed restrictions. However, where this chapter and any ° sm
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other ordinance, easement, covenant, or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
15.74.070 Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of accomplishing its purpose; and
C. Deemed neither to limit nor repeal any other powers granted under state
statutes.
15.74.080 Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights
may be increased by manmade or natural causes. This chapter does not imply
that land outside the areas of special flood hazards or uses permitted within such
areas will be free from flooding or flood damages. This chapter shall not create
liability on the part of the city, any officer or employee thereof, or the Federal
Insurance Administration, for any flood damages that result from reliance on this
chapter or any administrative decision lawfully made hereunder.
PART IV. Administration.
15.74.090 Designation of administrator.
The building director is appointed administrator to implement this chapter by
granting or denying development permit applications in accordance with its
provisions.
15.74.100 Duties and responsibilities of the administrator.
A. Permit Review. Review all development permits to determine:
1. Permit requirements of this ordinance have been satisfied, including
determination of substantial improvement and substantial damage
of existing structures; and
2. All other required state and federal permits have been obtained;
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3. The site is reasonably safe from flooding; and
4. The proposed development does not adversely affect the carrying
capacity of areas where base flood elevations have been
determined but a floodway has not been designated. This means
that the cumulative effect of the proposed development when
combined with all other existing and anticipated development will
not increase the water surface elevation of the base flood more than
1 foot at any point within the City of Bakersfield; and
5. All Letters of Map Revision (LOMRs) for flood control projects are
approved prior to the issuance of building permits. Building Permits
must not be issued based on Conditional Letters of Map Revision
(CLOMRs). Approved CLOMRs allow construction of the proposed
flood control project and land preparation as specified in the "start
of construction" definition.
B. Development of Substantial Improvement and Substantial Damage
Procedures.
For applications for building permits to improve buildings and structures,
including alterations, movement, enlargement, replacement, 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:
Estimate the market value, or require the applicant to obtain an
appraisal of the market value prepared by a qualified independent
appraiser, of the building or structure before the start of construction
of the proposed work; in the case of repair, the market value of the
building or structure shall be the market value before the damage
occurred and before any repairs are made;
2. 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, when applicable, to the market
value of the building or structure;
3. Determine and document whether the proposed work constitutes
substantial improvement or repair of substantial damage;
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4. 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;
5. Use FEMA publication FEMA 213, "Answers to Questions About
Substantially Damaged Buildings," develop further detailed
procedures for identifying and administering requirements for
substantial improvement and substantial damage, to include
defining "market value"; and
6. Assure procedures are coordinated with other departments/divisions
and implemented by community staff.
C. Review, use and development of other base flood data. When base
flood elevation data has not been provided in accordance with Section
15.74.040, the floodplain administrator shall obtain, review, and
reasonably utilize any base flood elevation and floodway data available
from a federal or state agency, or other source, in order to administer Part
V of this chapter (Provisions for flood hazard and reduction).
NOTE: A base flood elevation may be obtained using one of two methods
from the FEMA publication, FEMA 265, "Managing Floodplain
Development in Approximate Zone A Areas - A Guide for Obtaining and
Developing Base (100 -year) Flood Elevations" dated July 1995.
D. Notification of other agencies.
Alteration or relocation of a water course:
a. Notify adjacent communities and the California Department of
Water Resources prior to alteration or relocation;
b. Submit evidence of such notification to the Federal Emergency
Management Agency; and
Assure that the flood carrying capacity within the altered or
relocated portion of said watercourse is maintained.
2. Base flood elevation changes due to physical alterations:
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Within 6 months of information becoming available or project
completion, whichever comes first, the floodplain administrator
shall submit or assure that the permit applicant submits technical
or scientific data to FEMA for a Letter of Map Revision (LOMR).
b. All LOMRs for flood control projects are approved prior to the
issuance of building permits. Building permits must not be issued
based on Conditional Letters of Map Revision (CLOMRs).
Approved CLOMRs allow construction of the proposed flood
control project and land preparation as specified in the "start of
construction" definition. Such submissions are necessary so that
upon confirmation of those physical changes affecting flooding
conditions, risk premium rates and floodplain management
requirements are based on current data.
E. Documentation of floodplain development. Obtain and maintain for
public inspection and make available as needed the following:
1. Certification required by Section 15.74.120 (C)(1) and Section
15.74.150 (lowest floor elevations);
2. Certification required by Section 15.74.120(0)(2) (elevation or
floodproofing of nonresidential structures);
3. Certification required by Section 15.74.120(C)(3) (wet floodproofing
standard);
4. Certification of elevation required by Section 15.74.150 (subdivisions
and other proposed development standards);
5. Certification required by Section 15.74.170 (floodway
encroachments); and
6. Maintain a record of all variance actions, including justification for
their issuance, and report such variances issued to the Federal
Emergency Management Agency.
F. Map Determination. Make interpretations where needed, as to the exact
location of the boundaries of the areas of special flood hazard, 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 Part VI (Exemption and Appeal Procedure) of this chapter.
oFeAKF9s
ordinance Amending Section 15.74 t- m
— Page 17 of 29 Pages — Z50RIGINAL
G. Remedial Action. Take action to remedy violations of this ordinance as
specified in Section 15.74.050 of this chapter.
H. Planning. Assure community's General Plan is consistent with floodplain
management objectives herein.
15.74.110 Development Permit.
A development permit shall be obtained before any construction or other
development, including manufactured homes, within any area of special flood
hazard established in Section 15.74.040. Application for a development permit
shall be made on forms furnished by the city. The applicant shall provide the
following minimum information:
A. Plans in duplicate, drawn to scale, showing:
1. Location, dimensions, and elevation of the area in question, existing
or proposed structures, storage of materials and equipment and their
location;
2. Proposed locations of water supply, sanitary sewer, and other utilities;
3. Grading information showing existing and proposed contours, any
proposed fill, and drainage facilities;
4. Location of the regulatory floodway when applicable;
5. Base flood elevation information as specified in Section 15.74.040 or
Section 15.74.100.(C);
6. Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures; and
7. Proposed elevation in relation to mean sea level to which any
nonresidential structure will be floodproofed, as required in Section
15.74.120.(C)(2) of this ordinance and detailed in FEMA Technical
Bulletin TB 3-93.
Certification from a registered civil engineer or architect that the
nonresidential floodproofed building meets the floodproofing criteria in
Section 15.74.120.(C)(2).
C. For a crawl -space foundation, location and total net area of foundation
openings as required in Section 15.74.120.(C)(3) of this ordinance and oOAKEasT
detailed in FEMA Technical Bulletins 1-93 and 7-93. _
Ordinance Amending Section 15 J5 'ORIGINAL
-- Page 18 of 29 Pages —
D. For alteration of a watercourse, an engineering analysis prepared in
accordance with standard engineering practices that describes the
extent to which any watercourse will be altered or relocated as a result of
proposed development, and demonstrates the flood -carrying capacity
of the altered or relocated portion of the watercourse will not be
decreased, and certification that the altered watercourse shall be
maintained in a manner which preserves the channel's flood -carrying
capacity. The applicant shall submit the analysis to FEMA as specified in
Section 15.74.110 (F) of these regulations.
E. All appropriate certifications listed in Section 15.74.100.(E) of this
ordinance.
Submission of additional data. When additional hydrologic, hydraulic or
other engineering data, studies, and additional 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.
PART V. Provisions for Flood Hazard Reduction
15.74.120 Standards of construction.
In all areas of special flood hazard (including all areas designated as floodplain
secondary under Chapter 17.44 of this code), the standards set forth in this article
shall be satisfied.
A. Anchoring.
All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of the
structure.
2. All mobile home units shall meet the anchoring standards of Section FeAKeq
15.74.160(A). s�
F m
Ordinance Amending Section 15,74
-Page 19 of 29 Pages - UORIGINAL'
B. Construction Materials and Methods. All new construction and substantial
improvements shall be constructed:
1. With flood resistant materials as specified in FEMA Technical Bulletin
TB 2-08, and utility equipment resistant to flood damage;
2. Using methods and practices that minimize flood damage;
3. With electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or
located so as to prevent water from entering or accumulating within
the components during conditions of flooding; and
4. Within Zones AH or AO, so that there are adequate drainage paths
around structures on slopes to guide flood waters around and away
from proposed structures.
C. Elevation and Floodproofing.
Residential construction, new or substantial improvement shall have
the lowest floor, including basement:
a. Buildings and structures in flood hazard areas shall have the
lowest floors elevated to or above the base flood elevation plus
1 foot (305mm), or the design flood elevation, whichever is
higher.
b. In areas of shallow flooding (AO Zones), buildings and structures
shall have the lowest floor (including basement) elevated to a
height above the highest adjacent grade of not less than the
depth number specified in feet (mm) on the FIRM plus 1 foot
(305mm), or not less than 3 feet (915mm) if a depth number is
not specified.
c. Basement floors that are below grade on all sides shall be
elevated to or above base flood elevation plus 1 foot (305mm),
or the design flood elevation, whichever is higher.
d. Exception: Enclosed areas below the designed flood elevation,
including basements with floors that are not below grade on all
sides, shall meet the requirements of CRC section R322.2.2.
e. Upon the completion of the structure, the elevation of the lowest
floor including basement shall be certified by a California of 0AKe90
registered engineer or California licensed surveyor, and verified m
Ordnonce Amending Section 15J4 O O
—Page 20 of 29 Pages -- ORIGINAL
by the city of Bakersfield building director or designee to be
properly elevated. Such certification and verification shall be
provided to the floodplain administrator.
2. Nonresidential construction, new or substantial improvement, shall
either be elevated to conform with Section 15.74. 120 (C)(1) or
together with attendant utility and sanitary facilities:
a. Be floodproofed below the elevation required under Section
15.74.120(C)(1) so that the structure is watertight with walls
substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
C. Be certified by a registered professional engineer or architect
that the standards of this section are satisfied. Such certification
shall be provided to the floodplain administrator.
3. Flood openings. All new construction and substantial improvements
with fully enclosed areas below the lowest floor (excluding
basements) that are usable solely for parking of vehicles, building
access or storage, and which are subject to flooding, shall be
designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwater. Designs
for meeting this requirement shall follow the guidelines in FEMA
Technical Bulletins TB 1-20 and TB 7-20, and must exceed the following
minimum criteria:
a. Have 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. 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 floodwater; or
b. Be certified by a registered professional engineer or architect.
4. Manufactured homes shall also meet the above standards.
15.74.130 Standards for storage of materials and equipment.
A. The storage or processing of materials that are, in time of flooding,
buoyant, flammable, explosive, or could be injurious to human, animal, or o�0AK49J
plant life, is prohibited. T
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Ortlinance Amending Section ISJC U o
- Page 21 of 29 Pages - ORIGINAL
B. Storage of other material or equipment may be allowed if not subject to
major damage by floods and firmly anchored to prevent flotation or if
readily removable from the area within the time available after flood
warning. Fully enclosed temporary structures shall have flood openings
that are in accordance with ASCE 24 to allow for the automatic entry and
exit of flood waters.
15.74.140 Standards for utilities.
A. All new and replacement water supply and sanitary sewage systems shall
be designed to minimize or eliminate infiltration of flood waters into the
system and discharge from systems into flood waters.
B. On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
15.74.150 Standards for subdivisions.
A. All new subdivision proposals and other proposed development, including
proposals for manufactured home parks and subdivisions, greater than 50
lots or 5 acres, whichever is the lesser, shall:
Identify the Special Flood Hazard Areas (SFHA) and Base Flood
Elevations (BFE); and
2. Identify the elevations of lowest floors of all proposed structures and
pads on the final plans.
B. If the site is filled above the base flood elevation, the following as -built
information for each structure shall be certified by a registered engineer
or licensed land surveyor and shall be provided as part of an application
for a Letter of Map Revision based on Fill (LOMB -F) to the floodplain
administrator:
Lowest floor elevation;
2. Pad elevation; and
3. Lowest adjacent grade.
C. All subdivision maps for real property within areas of special flood hazards
shall be consistent with the need to minimize flood damage. hep KPq
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Ordinance Amending Section I5J4 ~
— Page 22 of 29 Pages — �ORIC!NAL�
D. All subdivision maps for real property within areas of special flood hazards
shall provide for public utilities and facilities such as sewer, gas, electrical,
and water systems to be located and constructed to minimize flood
damage.
E. All subdivision maps for real property within areas of special flood hazards
shall provide for adequate drainage to reduce exposure to flood
damage. Certification of compliance shall be required of the developer
prior to recordation.
15.74.160 Standards for mobile homes, mobile home parks and manufactured
homes.
A. All new mobile homes and additions to mobile homes within areas of
special flood hazards shall be set on permanent foundation by anchoring
the unit to resist flotation, collapse, or lateral movement by one of the
following methods:
By providing an anchoring system designed to withstand horizontal
forces of fifteen pounds per square foot and uplift forces of nine
pounds per square foot; or
2. By the anchoring of the units system, designed to be in compliance
to the Department of Housing and Urban Development Mobile Home
Construction and Safety Standards; or
3. By bolting the frame or undercarriage to a reinforced, permanent
foundation such as a retaining wall or storm wall used to set the unit.
B. Certification that the standards above have been satisfied shall be
required of the installer or state agency responsible for regulating the
placement, installation, and anchoring of individual mobile home units,
such certification to be filed with the administrator.
C. The following standards are required for (a) mobile homes not placed in
mobile home parks or subdivisions, (b) new mobile home parks or
subdivisions, (c) expansions to existing mobile home parks or subdivisions,
and (d) repair, reconstruction, or improvements to existing mobile home
parks or subdivisions that equals or exceeds fifty percent of the value of
the streets, utilities, and pads before the repair, reconstruction, or
improvement commenced within areas of special flood hazards:
1. Adequate surface drainage and access for a hauler shall be
provided: oFepKF9m
Ortlinonce Amending Section 15.74 ti m
-- Page 23 of 29 Pages - 56 -MAL
2. All mobile homes shall be placed on pads or lots elevated on
compacted fill or on pilings so that the lowest floor of the mobile
home is at or above the base flood level. If elevated on pilings:
a. The pilings shall be placed in stable soil no more than ten feet
apart, and
b. Reinforcement shall be provided for pilings more than six feet
above ground level;
3. Certification of compliance, filed with the administrator, is required
of the developer responsible for the plan or state agency
responsible for regulating mobile home placement.
D. All manufactured homes that are placed or substantially improved, within
Zones Al -30, AH, and AE on the community's Flood Insurance Rate Map,
on sites located:
1. Outside of a manufactured home park or subdivision,
2. In a new manufactured home park or subdivision,
3. In an expansion to an existing manufactured home park or
subdivision, or
4. In an existing manufactured home park or subdivision on a site upon
which a manufactured home has incurred substantial damage as
the result of a flood, shall be elevated on a permanent foundation
such that the lowest floor of the manufactured home is elevated
above the base flood elevation by a minimum of one foot and be
securely fastened to an adequately anchored foundation system to
resist flotation, collapse, and lateral movement.
E. All manufactured homes to be placed or substantially improved on sites
in an existing manufactured home park or subdivision within Zones Al -30,
AH, AE, V1-30, V, and VE on the community's Flood Insurance Rate Map
that are not subject to the provisions of this section will be securely
fastened to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement, and be elevated so that either the:
1. Lowest floor of the manufactured home is at or above the base flood
elevation, or
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Ordinance Amending section 15,74 m
— Page 24 of 29 Pages — ORIGINAL
2. Manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less
than thirty-six inches in height above grade.
F. Upon the completion of the structure, the elevation of the lowest floor
including basement shall be certified by a California registered engineer
or California licensed surveyor, and verified by the city of Bakersfield
building director or designee to be properly elevated. Such certification
and verification shall be provided to the floodplain administrator.
15.74.165 Standards For Recreational Vehicles
A. Temporary placement. Recreational vehicles in flood hazard areas, shall
be placed on a site for less than 180 consecutive days or shall be fully
licensed and ready for highway use. Ready for highway use means the
recreational vehicle is on wheels or jacking system, is attached to the site
only by quick disconnect type utilities and security devices, and has no
permanently attached additions, such as rooms, stairs, decks, and
porches.
B. Permanent placement. Recreational vehicles that do not meet the
limitations in Section 15.74.165A for temporary placement shall meet the
requirements of Section 15.74.160 for manufactured homes.
15.74.170 Floodways.
Within all areas designated as floodplain primary under Chapter 17.42 of this
code or included within the state regulatory floodway, encroachment, including
fill, new construction, substantial improvements, and other development is
prohibited unless hydrologic and hydraulic analyses by a registered professional
engineer are provided demonstrating that encroachments shall not result in any
increase in flood levels during the occurrence of the base flood discharge,
except as the purposes set forth in Section 17.42.020 are otherwise accomplished.
PART VI. Exemption and Appeal Procedures
15.74.180 Board of zoning adjustment designated.
A. The board of zoning adjustment, as established by Section 2.28.090 of this
code, is designated to hear and decide appeals and requests for
exemptions from the requirements of this chapter. Except as may be
required in connection with other proceedings with which determination
on a requested exemption is combined, no public hearing is required. The
decision of the board of zoning adjustment on appeals and requests for ,NK4,
exemptions shall be final. o`` 9sa,
Ordinance Amending Section 15J4
m
-- Page 25 of 29 Pages - `ORIGINAL
B. The board of zoning adjustment shall hear and decide appeals when it is
alleged there is an error in any requirement, decision or determination
made by the administrator of this chapter.
C. In passing upon appeals and requests for exemption, the board of zoning
adjustment shall consider all technical evaluations, all relevant factors,
standards, etc., specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other lands to the injury
of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to
the community;
5. The necessity to the facility of a waterfront location, where
applicable;
6. The availability of alternative locations, for the proposed uses that are
not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated
development;
8. The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
9. The safety of access to the property in times of flood for ordinary and
emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters and the effects of wave action, if
applicable, expected at the site;
11. The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water system, and streets
and bridges.
o�gAKF9u
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Ordinance Amending Section 15.74 'ORIGINO
—Page 26 of 29 Pages —
D. Generally, exemptions may be issued for new construction and
substantial improvements to be erected on a lot of one-half acre or less
in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing subsection D of Section
15.74.190 has been fully considered. As the lot size increases beyond the
one-half acre, the technical justification required for issuing the variance
increases.
E. Upon consideration of the factors of subsection D of Section 15.74.190
and the purpose of this chapter, the city of Bakersfield board of zoning
Adjustment may attach such conditions to the granting of exemptions as
it deems necessary to further the purpose of this chapter, and upon the
issuance of any exemption to construct a structure below the base flood
level that notice will be given that increased premium rates for flood
insurance up to amounts as high as twenty-five dollars for one -hundred
dollars of coverage may result, and that such construction below the
base flood level increases the risk to life and property. The board of zoning
adjustment may require the flood plain administrator to record a copy of
this notice in the office of the County Recorder in such a manner that it
appears in the chain of title of the affected parcel of land.
F. The floodplain administrator shall maintain a record of all appeal actions,
including the justification for the issuances of any exceptions, and report
such exceptions issued in required reports submitted to the Federal
Insurance Administration, Federal Emergency Management Agency.
15.74.190 Conditions for granting exemptions, variances.
A. The granting of an exception is a discretionary act. Upon receipt of a
request for an exception, the administrator shall request the development
services department to undertake an initial study pursuant to city council's
CEQA resolution. Fees as set by city council resolution shall be paid upon
submission of each request for an exception.
B. Variances may be issued for the repairs or rehabilitation of historic
structures upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as a historic
structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
C. Exemptions shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
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Ordinance Amending Section 15,74 = O
- Page 27 of 29 Pages - 0081
D. Exemptions shall only be issued upon a determination that it is the
minimum necessary, considering the flood hazard, to afford relief.
E. Exemptions shall only be issued upon:
A showing of good and sufficient cause such as renovation,
rehabilitation, or reconstruction. Exemptions may not be issued
based upon economic considerations, aesthetics, or because
variances have been used in the past;
2. A determination that failure to grant the exemption would result in
exceptional hardship to the applicant; and
3. A determination that the granting of an exemption will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization to the public, or conflict with existing local laws or
ordinances.
F. Any applicant to whom an exemption 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 cost of flood
insurance will be commensurate with the increased risk resulting from the
reduced floor elevation.
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Ordinance Amending Section 15.]4 VaRlGllypl
-- Page 28 of 29 Pages —
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
---------- 00000-------
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
SEP 15 2021 , by the following vote:
✓ ✓ ✓ ✓ ✓ ✓ ✓
Y®' COUNCILMEMBER: ARIAS, GONZALFS, WEIR, SMITH, FREEMAN, GRAY, PARLIER
NOES: COUNCILMEMBER: NOv�&-
ABSTAIN: COUNCILMEMBER: NWA
ABSENT: COUNCILMEMBER: Norge
ALIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: SEP 15 2021
By: 44
KAREN GOH, Mayor
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: 0 G /
�/' �i�y'/�GLLl4/ '
ASHLEY E /� 1BRANO
Deputy it Attorney
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Ordinance Amending Section 15.74 t:
— Page 29 of 29 Pages — 00HIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
JULIE DRIMAKIS, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield,
and that on the 17th day of September. 2021 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No.5062 passed by the
Bakersfield City Council at a meeting held on the 15TR day of September, 2021 and
entitled:
ORDINANCE AMENDING CHAPTER 15.74 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO FLOOD DAMAGE PREVENTION.
JULIE DRIMAKIS, MMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEPU City Clerk
S'.\DOCUMENnFORMSW OP.ORD wpd