HomeMy WebLinkAboutORD NO 4094ORDINANCE NO. ZJ: 0 9 4
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
Section 15.74.025 of the Bakersfield Municipal Code is hereby amended to add
the following definitions:
35. "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.
36. "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 streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of the floodplain
management regulations adopted by a community.
37. "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).
38. "Floodplain Administrator" is the individual appointed to administer and
enforce the floodplain management regulations.
39. "Floodproofing" 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 FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93
for guidelines on dry and wet floodproofing.)
40. "Governing body" is the City of Bakersfield that is empowered to adopt
and implement regulations to provide for the public health, safety and general welfare of
its citizenry.
41. "Hardship" as related in this ordinance 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 prop~rt¢''¢
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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.
42. "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.
43. "Lowest floor" means the lowest floor of the lowest enclosed area,
including basement (see "Basement" definition).
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:
i. 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.
44. "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.
45. "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 the effective date of floodplain
management regulations adopted by this community.
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46. "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 change the direction and/or velocity of the flow of water, or due to its
location, its propensity to snare or collect debris carried by the flow of water, or its
likelihood of being carried downstream.
47. "Public safety and nuisance" as related in this ordinance 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, or river, bay, stream, canal, or basin.
48. "Recreational vehicle" means a vehicle which is:
a. built on a single chassis;
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.
49. "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 50 percent (50%) of the market value of the structure before the
damage occurred.
50. "Water surface elevation" means the height, in relation to the National
Geodetic Vertical Datum (NGVD) of 1929 of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
51. "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.
SECTION 2
Section 15.74.040 of the Bakersfield Municipal Code is hereby amended to read
as follows:
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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, 1501 Truxtun Avenue, Bakersfield, California. The Federal Insurance study
and attendant mapping is the minimum area of applicability of this ordinance and may
be supplemented by studies for other areas which allow implementation of this
ordinance and which are recommended to the Bakersfield City Council by the Flood
Plain Administrator.
SECTION 3
Section 15.74.041 of the Bakersfield Municipal Code is hereby added to read as
follows:
15.74.04'1 Severability.
This ordinance and the various parts thereof are hereby declared to be
severable. Should any section of this ordinance be declared by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of the ordinance as
a whole, or any portion thereof other than the section so declared to be unconstitutional
or invalid.
SECTION 4
Section 15.74.090 of the Bakersfield Municipal Code is hereby repealed and new
section 15.74.090 is added to read as follows:
15.74.090 Establishment of development permit.
A development permit shall be obtained before any construction or other
development begins within any area of special flood hazard. Application for a
development permit shall be made on forms furnished by the Floodplain Administrator
and may include, but not be limited to: plans in duplicate drawn to scale showing the
nature, location, dimensions, and elevation of the area in question; existing or proposed
structures, fill, storage of materials, drainage facilities; and the location of the foregoing.
Specifically, the following information is required.
A. Site plan, including but not limited to:
1. For all proposed structures, spot ground elevations at building corners
and 20-foot or smaller intervals along the foundation footprint, or on~e.foot~
--Page 4 of 10 Pages -- _
contour elevations throughout the building site; and
2. Proposed locations of water supply, sanitary sewer, and utilities; and
3. If available, the base flood elevation from the Flood Insurance Study
and/or Flood Insurance Rate Map; and
4. If applicable, the location of the regulatory floodway; and
B. Foundation design detail, including but not limited to:
1. Proposed elevation in relation to mean sea level per approved base
datum, of the lowest floor (including basement) of all structures; and
2. For a crawl-space foundation, location and total net area of foundation
openings as required in this ordinance and FEMA Technical Bulletins 1-93
and 7-93; and
3. For foundations placed on fill, the location and height of fill, and
compaction requirements (compacted to 95 percent using the Standard
Proctor Test method); and
C. Proposed elevation in relation to mean sea level to which any nonresidential
structure will be floodproofed, as required in this ordinance and FEMA Technical
Bulletin TB 3-93; and
D. All appropriate certifications listed in this ordinance; and
E. Description of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
SECTION 5
Section 15.74.120 of the Bakersfield Municipal Code is hereby repealed and a
new section 15.74.120 is added to read as follows:
15.74.120 Review, use and development of other base flood data.
1. 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 the provisions of this ordinance. Any
such information shall be submitted to the city council for adoption; or
2. If no base flood elevation data is available from a federal or state agency
or other source, then a base flood elevation shall be obtained using one of two methods
from the FEMA publication "Managing Floodplain Development in Approximate Zone A
--Page 5 of 10 Pages --
Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated
July 1995 in order to administer this ordinance:
A. Simplified method:
1. 100 year or base flood discharge shall be obtained using the
appropriate regression equation found in a U.S. Geological Survey
publication, or the discharge-drainage area method; and
2. Base flood elevation shall be obtained using the Quick-2
computer program developed by FEMA; or
B. Detailed method.
1. 100 year or base flood discharge shall be obtained using the
U.S. Army Corps of Engineers' HEC-HMS computer program; and
2. Base flood elevation shall be obtained using the U.S. Army
Corps of Engineers' HEC-RAS computer program.
SECTION 6
Subsections C and D are hereby added to Section 15.74.130 of the Bakersfield
Municipal Code to read as follows:
C. Obtain and maintain for public inspection and make available as needed
the following: lowest floor elevations, elevation or floodproofing of nonresidential
structures, wet floodproofing standards, subdivision standards, floodway
encroachments, coastal construction standards, and mudflow standards.
D. 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, grade and base flood
elevations shall be used to determine the boundaries of the special flood hazard area.
The person contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation.
SECTION 7
Section 15.74.150 B and C are hereby amended to read as follows:
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 2-93, and utility equipment resistant to flood damage;
2. Using methods and practices that minimize flood damage;
--Page 6 of 10 Pages --
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 if
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.
1. Residential construction, new or substantial improvement shall
have the lowest floor, including basement:
a. In an AO zone, elevated above the highest adjacent grade to
a height equal to or exceeding the depth number specified in feet on the FIRM, or
elevated at least two feet above the highest adjacent grade if no depth number is
specified
b. In an A zone, elevated to or above the base flood elevation;
said base flood elevation shall be determined by one of the methods in this ordinance.
c. In all other Zones, elevated to or above the base flood
elevation.
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.
2. Nonresidential construction, new or substantial improvement, shall
either be elevated to conform with Section 15.74.150(C)(1) or together with attendant
utility and sanitary facilities:
a. Be floodproofed below the elevation recommended under
Section 15.74.150(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. 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?b~- ~:
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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 1-93 and TB 7-93, 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.
SECTION 8
Section 15.74.180(A) of the Bakersfield Municipal Code is hereby amended to
read as follows:
A. All tentative subdivision maps for real property within areas of special
flood hazards shall identify the special flood hazard area and the elevation of the base
flood.
SECTION 9
Section 15.74.190 of the Bakersfield Municipal Code is hereby amended to add
subsections D, E and F to read as follows:
15.74.190 Standards for mobile homes, mobile home parks, and
manufactured homes.
D. All manufactured homes that are placed or substantially improved, within
Zones A1-30, 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,
--Page 8 of 10 Pages --
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 A1-30, AH, AE, Vl-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
2. Manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36 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.
SECTION 10
Sections 15.74.210(E) and (F) of the Bakersfield Municipal Code are hereby
amended to read as follows:
E. Upon consideration of the factors of subsection D of Section 15.74.220
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 $25 for $100 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.
--Page 9 of 10 Pages --
SECTION 11
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.
.......... ooOoo ..........
the
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by
Council of the City of Bakersfield at a regular meeting thereof held on
NOV 0 ~00~ , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER~,%
CITY CLERK and EX OFFICIO of the
Council of the City of Bakersfield
APPROVED: ~10¥ 6 ;[00Z
HARVEY L. HALL, May~r
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
Deputy City Attorney
ADD:Isc
S:\COUNClL\Ords\FloodDamagePrevention 15.74Fnl.doc
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, 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 7th day of November , 2002 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No.
day of
Bakersfield City Council at a meeting held on the 6th
entitled:
4094 , passed by the
November 2002 and
AN ORDINANCE AMENDING CHAPTER 15.74 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
FLOOD DAMAGE PREVENTION.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPOTY City Cl~'rk ~'~