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,