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HomeMy WebLinkAboutORD NO 2972EMERGENCY ORDINANCE NO. 2972 NEW SERIES AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 15.74 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO FLOOD DAMAGE PREVENTION. WHEREAS, the City has been advised by the Federal Emergency Management Agency that the regulations contained in this ordinance must be in effect by May 1, 1985, or the City will be suspended from the National Flood Insurance Program; and WHEREAS, for the reason stated above, it is necessary and appropriate that this ordinance be adopted as an emergency ordinance in accordance with, and as defined by, Section 24 of the Charter of the City of Bakersfield. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 15.74 is hereby added to the Bakersfield Municipal Code to read Sections: 15.74.010 15.74.020 15.74.030 15.74.040 15.74.050 15.74.060 15.74.070 15.74.080 15.74.090 15.74.100 15.74.110 ].5.74.120 15.74.130 15.74.140 as follows: Chapter 15.74 FLOOD DAMAGE PREVENTION Introduction Purpose. Methods of reducinq flood losses. Part I - General Provisions Lands to which this chapter applies. Basis for establishing the areas of special flood hazard. Compliance. Abrogation and greater restrictions. Interpretation. Warninq and disclaimer of liability. Part II - Administration Development permit required. Designation of administrator. Duties and responsibilities of the administrator. Uses of other flood base data. Information to be obtained and maintained. Alteration of water courses. Part III- Provisions for Flood Hazard Reduction 15.74.150 15.74.160 15.74.170 15.74.180 15.74.190 15.74.200 Standards of construction. Standards for storage of materials and equipment. Standards for utilities. Standards for subdivisions. Standards for mobilehomes, mobilehome parks and subdivisions. Floodways. Part IV - Exemption and Appeal Procedures 15.74.210 Board of Zoning Adjustment - designated. 15.74.220 Conditions for grantinq exemptions. Introduction 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 expenditure 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 E. To minimize prolonged business interruptions; 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 so as to minimize future blight G. To have available information that property is in and, second use and development of areas of special flood hazard areas; for potential buyer~ upon request; an area of special flood hazard; The provisions of this chapter are intended to supplement and compliment those of Chapter 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 ~uilding 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, ~r which result in damaging increases in erosion or in flood heights or velocities; B. 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, development which may increase flood damage; dredging, and other 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 I General Provisions 15.74.030 Lands to which this chapter applies. This chapter shall apply to all areas of special flood bazards 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 Emer0ency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for the City of Bakersfield," effective May 1, 1985, with an accompanying Flood Insurance Rate Map (includ- ing future amendments thereto) which is hereby adopted by reference and declared to be a part of this section. The Flood Study is on file at the office of the City Engineer, Avenue, Bakersfield, California. 15.74.050 Compliance No structure or land shall hereafter be coDstructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. 15.74.060 Abroqation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and any 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: Considered as minimum requirements; Liberally construed in favor accomplishing its B. purpose; and C. granted under Insurance 1501 Truxtun Deemed neither to limit nor repeal any other powers state statutes. 15.74.080 WarninQ 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 man-made 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 of ~akersfield, 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 II Administration 15.74.090 Development permit required. A Development Permit shall be obtained before construc- t. ion or development begins 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 Build- ing Director and may include, but not be limited to: plans in duplicate 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. Fees as set by City Council resolution shall be paid upon submission of each such application. Specifically, the following information is required: A. Proposed elevation in relation to mean sea level, of the lowest habitable floor (including basement) of all struc- tures; in any floodplain zone established under Title 17 of this Code, the elevation of existing grade and proposed elevation of lowest habitable floor of all structures. B. Proposed elevation Jn relation to mean sea level to which any structure will be floodproofed; C. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section ]5.74.150 C; and, D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 15.74.100 Designation of Administrator. The Building Director is hereby appointed Administrator to implement this chapter by granting or denying Development Permit applications in accordance with its provisions. 15.74.110 Duties and responsibilities of the Administrator. The duties and responsibilities of the Administrator shall include, but not be limited to: A. Review of all Development Permit determine that the permit requirements of this satisfied and that the site is reasonably safe applications to chaptel? have been from flooding. of this chapter, a one percent (1% year. C. B. Review of all Development Permit applications to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard within designated floodways. For purposes of this chapter, "adversely affected" means that the cumulative effect of the proposed develop- ment, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point. For the purpose "base flood" (100-year flood) is a flood having chance of being equaled or exceeded any given Review of all proposals for development within any area of special flood hazard to assure that the flood discharge exiting the development after construction is equal to or less than the flood discharge at the location prior to development. D. Upon determination that an application satisfies the requirements of this chapter, issuance of a Development Permit. 15.74.120 Use of other base flood data. When base flood elevation data has not been provided in accordance with Section 15.74.040, ~ASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the developer shall provide the Administrator for his review the best base flood data available from any source: federal, state, or other (such as high water mark(s), floods of record, or private engineering reports) in order to administer the Provisions for Flood Hazard Reduction, below, and provide the Administrator with an estimated base flood elevation. A. Single parcels will be required to elevate the lowest floor of any residential structure to no less than two (2) feet above natural grade when base flood data does not exist. Nonresidential structures may elevate or floodproof to meet this standard. B. All developers shall be required to establish the 100-year base flood elevation for their development site before consideration of the preliminary plan for development. 15.74.130 Information to be obtained and maintained. The Administrator shall obtain and maintain for public inspection and make available as needed for flood insurance policies: A. The certification required in Sections 15.74.150 C. 1., and 15.74.180 E.; and B. Certification of the elevation of the lowest floor, floodproofed elevationt or the elevation of the structure's lowest horizontal member is required at that point where the footings are set and slab poured. Failure to submit elevation certification shall be cause to issue a stop-work order for the project. As-built plans certifying the elevation of the lowest adjacent grade are also required. 15.74.140 Alteration of water courses. It is the responsibility of the City's Community Services Manager to: A. Notify adjacent communities and the California Department of Water Resources prior to any alteration or reloca- tion of a water course, within the primary and secondary flood- plain as defined in Chapters 17.42 and 17.44 of this Code, and submit evidence of such notification to the Federal Emergency Management Agencv. B. Maintain the flood carrying capacity of the altered or relocated portion of said water course. Part III Provisions for Flood Hazard Reduction 15.74.150 Standards of construction. In all areas of special flood hazard (including all areas designated as f]~dDlain secondary under Chapter 17.44 of this Code), the standards set forth in this part shall be satisfied. Anchorinq 1. All new construction and substantial. improvements shall be anchored to prevent flotation, collapse or lateral move- ~ent of the structure. 2. A]] mobile home units shall Peet the anchoring standards of Section 15.74.190 A. B. Construction Materials and Methods 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. shall use methods 3. All new construction and substantial improvements and practices that minimize flood damage. All elements that function as a part of the structure, such as furnace, hot water heater, air conditioner, etc., shall be elevated to or above the base flood elevation or depth number specified on the Flood Insurance Rate Map (FIRM). C. Elevation and Floodproofing 1. New constructlot and substantial improvement of any structure shall have the bottom of the lowest floor beam or basement floor elevated to or above the base flood elevation. Nonresidential structures will meet the standards in Section 15.74.150 C. 2. Upon completion of the structure, the developer shall provide the Administrator with a certificate from a registered professional engineer or surveyor that the elevation requirements of the lowest floor, including the basement, have been met. 2. Nonresidential construction shall either be elevated in conformance with Section 15.74.150 C. or together with attendant utility and sanitary facilities, be floodproofed to the base flood elevation. Examples of floodproofing include, but are not limited to: (a) Installation of watertight doors, bulk- heads, and shutters. pressure. (b) Reinforcement of walls to resist water reduce seepage (c) Use of paints, membranes, or mortars to through walls. (d) Addition of mass or weight to structure resist flotation. to (f) engineer or architect satisfied. (e) Armour protection of all fill materials from scour and/or erosion. Certification by a registered professional that the standards of this subsection are 3. Mobile homes shall meet the above standards also the other standards of Part III of 15.74.160 Standards A. The storage time of flooding, bouyant, and this Chapter. for storage of materials and equipment. or processing of materials that are, in flammable, explosive, or could be sewage systems shall tion of flood waters into flood waters. injurious to human, animal, or plant life, is prohibited. 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. 15.74.170 Standards for utilities. A. All new and replacement water supply and sanitary be designed to minimize or eliminate infiltra- into the system and discharge from systems B. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 15.74.180 Standards for subdivisions. A. All tentative subdivision maps for real property within areas of special flood hazards shall identify the flood hazard area and the elevation of the base flood. B. All final subdivision maps for real property within areas of special flood hazards shall provide the elevation of proposed building pads and adjacent grade. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Administrator and a final grading plan shall be filed with the City Engineer prior to recordation. C. All subdivision maps for real property within areas of special flood hazards shall be consistent with the need to minimize flood damage. 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. 15.74.190 Standards for mobilehomes and mobilehome parks and subdivisions. A. within areas All new mobilehomes and additions to mobilehomes 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: 1. By providing an anchoring system designed to withstand horizontal forces of 15 pounds per square foot and uplift forces of 9 pounds per square foot; or 2. By the anchoring of the unit's system, designed to be in comDliance to the Department of Housing and Urban Develop- ment 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. ~. Certification that the standards above }]ave been satisfied shall be required of the installer or state agency responsible for regulating the placement, installation, and a~choring of individual mobilehome units, such certification to be filed with the Administrator. 10. C. The following standards are required for (a) mobile- homes not placed in mobilehome parks or subdivisions, (b) new mobilehome parks or subdivisions, (c) expansions to existing mobilehome parks or subdivisions, and (d) repair, reconstruction, or improvements to existing mobilehome parks or subdivisions that equals or exceeds 50 percent of the value of the streets, utilities, and pads before the repair, reconstruction, or improw~ment commenced within areas of special flood hazards: 1. Adequate surface drainage and access for a hauler shall be provided. 2. All mobilehomes shall be placed on pads or lots elevated on compacted fill or on pilings so that the lowest floor of the mobilehome 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 mobilehome placement. 15.74.200 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, sub- stantial improvements, and other development is prohibited unless certification by a registered professional engineer is 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 IV Exemption and Appeal Procedures 15.74.210 Board of Zoninq Adjustment Designated. A. The Board of Zoning Adjustment, as established by Section 2.28.090 of this Code, is hereby designated to hear and 11. 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 exemptions shall be final. B. The Board of Zoning Adjustment shall hear and decide appeals when it is alleged there is an error in any require- ment, decision or determination made by the Administrator of this chapter. C. the Board of evaluations, or erosion damage. 3. The its contents to flood individual owner. 4. proposed facility 5. In passing upon appeals and requests for exemption, Zoning Adjustment shall consider all technical 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. The danger to life and property due to flooding susceptibility of the proposed facility and damage and the effect of such damage on the The importance of the services provided by the to the community. 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 damage. existing and to flooding or erosion 7. The compatability of the proposed use with 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. 12. 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 add bridges. D. Generally, exemptions may be issued for new construc- tion 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 15.74.220 has been fully con- sidered. 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 15.74.220 and the purpose of this chapter, the Board of Zoning Adjustment may attach s~ch conditions to the granting of exemptions as it deems necessary to further the purpose of this ordinance. F. The Administrator shall maintain the records of all appeal actions and report any exemptions to the Federal Emergency Management Agency upon request. 15.74.220 Conditions for granting exemptions. 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 sub- mission of each request for an exception. B. Exemptions may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Places, without regard to the procedures of this section. Inventory of Historic set forth in the remainder 13. C. Exemptions shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 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: 1. 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 ~ill not r~ult A determination that the granting of an exemption 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 flood 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. SECTION 2. This Emergency Ordinance is necessary for the immediate preservation of the public health, property and safety and shall become effective immediately upon its passage. .......... 000 .......... 14. I HEREBY CERTIFY that the foregoing Emergency Ordinance was passed and adopted by the Council of at a regular meeting thereof held on the __ 1~__~_5, by the following vote: the City of ~akersfield 24th day of April , CITY CLERK and Ex Officio Clerk of the Council of the City of Rakersfield APPROVED this 24th day of April , 19 8__25 MAYOL of the City or a ers ield APPROVED as to form: CITY ATTORN~ o y of Bakersfield AJS/bl 15. fft at tt of j osting ( r tnanres STATE OF CALIFORNIAl ss. County of Kern I CAROL WILLIA~[S , Being duly sworn, desposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on April 29 , 19. 85 she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on April 24 , 19 85 , which ordinance was numbered 2972 New Series, and entitled: AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CItAPTER 15.74 TO THE BAKERSFIELD ~{UNICIPAL CODE RELATING TO FLOOD DAHAGE PREVENTION. Subscribed and sworn to before me this 2rid day of .Iy!~t.y ......./5-19..8.5 No~ry Public in and for the County of Kt'rn, S~qie of Ca]ifr~r~ia : BOND F LED IN ~ KERN COUNTY ~ MY COMMISSION EXPIRES JUNE 14,