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HomeMy WebLinkAboutNS-1503REL:ms 8/29/79 ORDINANCE NO. NS- ] 503 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING CHAPTER 7 TO THE SANTA ANA MUNICIPAL CODE TO ESTABLISH FLOOD PLAIN MANAGEMENT REGULATIONS. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code, is hereby amended by adding a chapter, to be numbered 7, which said chapter reads as follows: CHAPTER 7. FLOOD PLAIN MANAGE- MENT REGULATIONS ARTICLE 1. GENERAL Sec. 7-1. Purpose. The purpose of this Chapter is to regulate development within a designated flood-prone area in the City of Santa Ana, and to otherwise mitigate flood damage risk, in accordance with the National Flood Insurance Program. Sec. 7-2. Incorporation by reference of Flood Insurance Rate Map and Floodway Map. That certain collection of maps entitled "FIRM, Flood Insurance Rate Map, City of Santa Ana, California, Orange County," with an effective date of September 14, 1979, and that certain map entitled "Floodway, Flood Boundary and Floodway Map, City of Santa Ana, California, Orange County," with an effective date of September 14, 1979, copies of which maps are on file with the Clerk of the Council, are hereby incorporated by this reference and adopted, together with all duly authorized amendments or revisions thereof, for the purpose of designating the special hazard areas, the risk premium zones, and the regulatory floodway of the City of Santa Ana in accordance with the National Flood Insurance Program. All references in this Chapter to the A zone, the AO zone, and the Al6 zone shall mean references to those areas of the City designated on the said Flood Insurance Rate Map as being included in such zones respectively. All references in this chapter to the regulatory floodway shall mean references to that area designated as "floodway" on the said Floodway map. Sec. 7-3. Responsibilities of City Manager. The City Manager is hereby designated as the official with the responsibility, authority and means to implement commitments of the City of Santa Ana necessary to qualify the City for flood insurance availability within its jurisdiction. The City Manager is likewise designated as the official responsible to submit an annual report to the Federal Insurance Administrator concerning the City of Santa Ana's participation in the National Flood Insurance Program, ORDINANCE NO. NS-] 503 PAGE TWO including, but not limited to, the development and implementation of the regulations set forth in this Chapter. In so doing, the City Manager shall use the annual report form specified by the federal regulations pertaining to the National Flood Insurance Program. Sec. 7-4. Relationship of this Chapter to other provisions of law. The requirements and prohibitions imposed by this Chapter are in addition to the requirements and prohibitions of other provisions of this Code. No grant of any conditional use permit, variance, or minor exception under Chapter 41 of this Code shall be construed to be a variance from the requirements or prohibitions of this Chapter. Nothing in this Chapter shall be construed to permit any use prohibited pursuant to Chapter 41. Sec. 7-5. Fees. The City Council may establish fees for any permit or variance applications pursuant to this Chapter by resolution. Sec. 7-6. Delegation of responsibilities. The responsibilities and powers imposed by this Chapter on the City Manager, Director of Building Safety,~ and Director of Public Works may be delegated by them to designated authorized representatives. Sec. 7-7. Definitions. As used herein the following terms have the following respective meanings: percent year. (a) "Base flood" means the flood having a one chance of being equalled or exceeded in any given (b) "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. (c) "Floodproofing~means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, structures, and their contents. (d) "Mobile home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. (e) individuals, other entity, agencies. "Person" includes any individual or group of corporation, partnership, association, or any including state and local governments and (f) "Public Works Construction" means any construction or development undertaken pursuant to specifications prepared or approved by the Director of Public Works or his authorized representative. ORDINANCE NO. NS-]503 PAGE THREE (g) "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 suface elevation more than a designated height. (h) "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a mobile home. (i) "Substantial improvement" means any repair, reconstruction, or improvment of a structure, the cost of which exceeds 50 percent of the market value of the structure either, (a) before the improvement or repair is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or city health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. (j) "Water surface elevation" means the projected heights in relation to mean sea level reached by floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas. Sec. 7-8. Prospective application. (a) The regulations imposed by this chapter shall apply to structures and mobile homes only if the start of construction or substantial improvement occurs after the effective date of this Chapter. (b) For structures other than mobile homes, the start of construction occurs upon the first placement of permanent construction on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. "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 as part of the main structure. For a structure without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. (c) For mobile homes not within a mobile home park or mobile home subdivision, the start of construction occurs upon the affixing of the mobile home to its permanent site. (d) For mobile homes within mobile home parks or mobile home subdivisions, the start of construction occurs upon the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. (e) "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. ORDINANCE NO. NS- ] 503 PAGE FOUR ARTICLE II. FLOOD-PLAN CONSTRUCTION STANDARDS DIVISION 1. IN GENERAL Sec. 7-21. Permit requirement (a) No building permit required by Article II of Chapter 8 of this Code shall be issued for any new construction or other development in the A, A0, or Al6 zones which fails to comply with the requirements of this Chapter. (b) No permit required for the installation of a mobilehome, for which the Director of Building Safety is the enforcement authority, under Division 13 of the Health and Safety Code of the State of California, shall be issued for the placement of a mobile home in the A0 zone which fails to comply with the requirements of this Chapter. (c) Any proposed construction or other development (other than public works construction) in the A, A0, or Al6 zones, including the placement of mobile homes, for which a permit is not required under either subsection (a) or subsection (b), shall nevertheless require a permit from the Director of Building Safety, and no such permit shall be issued for any such construction, development, or placement which fails to comply with the requirements of this Chapter. The Director Building Safety shall develop such forms and procedures as may be necessary for the implementation of this subsection. Sec. 7-22. Violation a misdemeanor. Any person who does or causes to be done any construction or other development in the A, A0, or Al6 zone, or who places any mobile home in any such zone, without having first obtained the permit required by section 7-21, is guilty of a misdemeanor. Sec. 7-23. Review of permit applications for State and Federal law requirements. The Director of Building Safety shall review all permit applications submitted pursuant to section 7-21 to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act of 1972, 33 U.S.C. 1334. Sec. 7-24. General standards for new construction or improvement of structures. No permit for new construction or substantial improvements of structures (including the placement of prefabricated buildings and mobile homes) shall be approved in the A, A0, or Al6 zones unless all of the following standards are met: (1) The structure must be designed or modified, and adequately anchored, to prevent flotation, collapse, or lateral movement. (2) The structure must be constructed with materials and utility equipment resistant to flood damage. (3) The structure must be constructed by methods and practices that minimize flood damage. ORDINANCE NO. NS- ] 503 PAGE FIVE Sec. 7-25. General development standards. No permit shall be issued for any proposed new development in the A, A0, or Al6 zones until reviewed by the Director of Public Works and approved by him as satisfying the following standards, unless it clearly appears to the Director of Building Safety that the development is of such a minor or limited nature that it will not have any significant adverse effect on the maintenance of such standards: (1) The proposed development must be consistent with the need to minimize flood damage within the A, A0, and Al6 zones. (2) Ail public utilities and facilities, such as sewer, gas, electrical, and water systems must be located and constructed to minimize or eliminate flood damage. (3) Adequate drainage must be provided to reduce exposure to flood hazards. Sec. 7-26. Base flood elevation data. No application for a permit which pertains to a proposed new development greater than 50 lots or 5 acres, whichever is less, in the A, A0, or Al6 zones shall be reviewed or approved unless base flood elevation data is included in the proposal, or unless such data has been previously provided pursuant to section 7-52. Sec. 7-27 Records. The Director of Building Safety shall: (1) Obtain the elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, in the A, A0 or Al6 zones and information as to whether or not such structures contain a basement; (2) Obtain, if the structure has been flood- proofed, the elevation (in relation to mean sea level) to which the structure was floodproofed; and (3) Maintain a record of all such information together with any certificates of floodproofing. Such record shall be maintained for public inspection and furnished upon request, for the determination of applicable flood insurance risk premium rates within the A, A0, and Al6 zones. Sec. 7-28. Floodproofing. Where floodproofing is utilized for a particular structure in accordance with this Chapter, either: (1) A registered professional engineer or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood, and a record of such certificates indicating the specific elevations (in relation to mean sea level) to which such structures are floodproofed shall be maintained together with the records designated in section 7-27; or (2) The Director of Building Safety may prepare a regulation containing detailed floodproofing specifications which satisfy the watertight performance standards of sections 7-32 or 7-35, and submit such regulatiOn to the Federal Insurance Administrator for approval. ORDINANCE NO. NS_]503 PAGE SIX DIVISION 2. SPECIFIC ELEVATION AND FLOODPROOFING STANDARDS Sec. 7-31. A0 Zone Standards - Residential Structures. Ail new construction and substantial improvements of residential structures (other than mobile homes) in the A0 zone must have the lowest floor ~ncluding basement) elevated above the crown of the nearest street to or above the depth number specified on the Flood Insurance Rate Maps. Sec. 7-32. A0 Zone - Nonresidential structures. Ail new construction and substantial improvements of nonresidential structures in the A0 zone must either; (1) have the lowest floor (including basement) elevated above the crown of the nearest street to or above the depth number specified on the Flood Insurance Rate Maps; or (2) together with attendant utility and sanitary facilities, be completely flood-proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Sec. 7-33. A0 Zone - Mobile homes. (a) No mobile home shall be placed in the A0 zone unless anchored to resist flotation, collapse, or lateral movement by the provision of over-the-top and frame ties to ground anchors. Specifically: (1) Over-the-top ties must be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, except that mobile homes less than 50 feet long must have one additional tie per side; (2) Frame ties must be provided at each corner of the home with five additional ties per side at intermediate points, except that mobile homes less than 50 feet long must have four additional ties per side; (3) All components of the anchoring system must be capable of carrying a force of 4800 pounds. (4) Any additions to the mobile home must be similarly anchored. (b) NO permit for the placement of a mobile home in any mobile home park or subdivision in the A0 zone shall be issued until such mobile home park or subdivision has filed with the City Manager an evacuation plan indicating alternate vehicular access and escape routes. Sec. 7-34. Al6 Zone - regulatory floodway. No permit shall be issued for placement of any mobile home in that portion of the Al6 zone which is designated as the regulatory floodway, nor shall any permit be issued for any encroachments, including fill, new construction, substantial improvements, and other development within such regulatory floodway which would result in any increase in flood levels within the community during the occurrance of the base flood discharge. ORDINANCE NO. NS-]503 PAGE SEVEN Sec. 7-35. Al6 Zone - Residential structures. (a) Ail new construction and substantial improvements of residential structures (other than mobile homes) within the Al6 zone must have the lowest floor (including basement) elevated to or above the base flood level shown on the Flood Insurance Rate Maps. (b) Mobile homes may not be placed in the Al6 zone. Sec. 7-36. Al6 Zone - Nonresidential structures. Ail new construction and substantial improvements of nonresidential structures in the Al6 zone must either: (1) have the lowest floor (including basement) elevated to or above the base flood level shown on the Flood Insurance Rate Maps; or (2) together with attendant utility and sanitary facilities, be designed so so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Sec. 7-37 A Zone. (a) Residential structures and mobile homes may not be constructed or placed in the A Zone. (b) Ail new construction or substantial improvements of nonresidential structures in the A zone must have the lowest floor (including basement) elevated or flood-proofed to or above the base flood level. Any base flood elevation data available from a federal, state, or other source shall be obtained, reviewed, and reasonably utilized prior to issuance of any permit for such construction. DIVISION 3. VARIANCES Sec. 7-41. Grounds for issuance. The Director of Building Safety may grant a variance from the requirements of this part if he makes written findings that the following requirements are satisfied: (1) The new construction or substantial improvements are 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; (2) The applicant has shown good and sufficient cause; (3) Failure to grant the variance would result in exceptional hardship to the applicant; (4) The granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, creation of nuisances, fraud on or victimization of the public, or conflict with other City ordinances; and (5) The variance is the minimum necessary considering the flood hazard, to afford relief. ORDINANCE NO. NS-]503 PAGE EIGHT ' Sec. 7-42. Historic place variances. Variances may be granted by the Director of Building Safety for the reconstruction, rehabilitation or restoration of any structure listed on the National Register of Historic Places or listed on the inventory of historic places of the State of California, without regard to the requirements of section 7-41. Sec. 7-43. Regulatory floodway variances. Variances shall not be issued within the regulatory floodway if any increase in flood levels during the base flood discharge would result. Sec. 7-44. Procedure The Director Building Safety shall establish forms and procedures appropriate for the processing of variance applications. In any case where the effect of the proposed development on flood levels is doubtful, the application shall be submitted to the Director of Public Works for review and recommendation. Sec. 7-45. Notice to applicant. Whenever any variance application is submitted, the Director of Building Safety shall deliver written notice, signed by him, to the applicant that: (1) . The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and (2) Such construction below the base flood level increases risks to life and property. A copy of each such notice shall be included with the records maintained pursuant to section 7-47. Sec. 7-46. Appeals Any denial of a variance by the Director of Building Safety may be appealed by the applicant to the City Manager, who may affirm such decision or, upon making new written findings as required by section 7-41, grant the variance. Sec. 7-47. Records. The Director of Building Safety shall maintain a record of all variance actions, including justification for their issuance. All variances issued shall be reported in the annual report submitted by the City Manager to the Federal Insurance Administrator pursuant to section 7-3. ARTICLE III. PUBLIC WORKS MANAGEMENT STANDARDS Sec 7-51. General development standards. The Director of Public Works shall review the following proposals for development in the A, A0 or Al6 Zones: (a) all public works construction proposals; (b) all tentative subdivision maps; and ORDINANCE NO. NS- ]503 PAGE NINE (c) all development proposals referred to him pursuant to section 7-25; and shall approve, conditionally approve, or disapprove them based on his determination of whether the following standards are satisfied: (1) The proposed development must be consistent with the need to minimize flood damage within the A, A0, and Al6 zones. (2) Ail public utilities and facilities, such as sewer, gas, electrical, and water systems must be located and constructed to minimize or eliminate flood damage. (3) Adequate drainage must be provided to reduce exposure to flood hazards. Sec. 7-52. Base flood elevation data. No tentative or final subdivision map which pertains to a proposed subdivision greater than 50 lots or 5 acres, whichever is less, in the A, A0, or Al6 zones shall be approved unless base flood elevation data is included in or with the tentative map. Sec. 7-53. Water supply systems. The Director of Public Works shall assure that new and replacement water supply systems in the A, A0, and Al6 zones are designed to minimize or eliminate infiltration of flood waters into the systems. Sec. 7-54. Sewage systems. The Director of Public Works shall assure that new and replacement sanitary sewage systems in the A, A0, and Al6 zones are designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. Sec. 7-55. Waste disposal systems. The Director of Public Works shall assure that on- site waste disposal systems in the A, A0 and Al6 zones are located to avoid impairment to them or contamination from them during flooding. Sec. 7-56. Watercourse alterations. The Director of Public Works shall notify adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse in riverine situations. He shall submit copies of such notifications to the Federal Insurance Administrator. He shall assure that the flood- carrying capacity within the altered or relocated portion of any watercourse is maintained. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall ORDINANCE NO. NS- ] 503 PAGE TEN not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this the following vote: 1st day of October , 1979, by AYES: COUNCILMEN: NOES: COUNCILMEN: Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto None ABSENT: COUNCILMEN: None ATTEST: C~RK OF THE COUNCIL APPROVED AS TO FORM: KEITH L. GOW, City Attorney