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HomeMy WebLinkAboutNS-1951 - Adding Section 7-29 Thereto, to Revise the Floodplain Management Regulations of the City of Santa Ana:jd(45) 11/16/87 Rev. 1/22/88(mh) ORDINANCE NO. NS-1951 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 7-6, 7-7, 7-8, 7-21, 7-22, 7-23, 7-24, 7-25, 7-26, 7-27, 7-28, 7-31, 7-32, 7-33, 7-34, 7-35, 7-37, 7-41, 7-44, 7-45, 7-46, 7-47, 7-51, 7-53, 7-54, 7-55 AND 7-56 OF THE SANTA ANA MUNICIPAL CODE, AND ADDING SECTION 7-29 THERETO, TO REVISE THE FLOODPLAIN MANAGEMENT REGULATIONS OF THE CITY OF SANTA ANA THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 7-6 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-6. Delegation of responsibilities. The responsibilities and powers imposed by this chapter on the city manager, executive director of planning and building safety, and executive director of public works may be delegated by them to designated authorized repre- sentatives. SECTION 2: That section 7-7 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-7. Definitions. As used herein the following terms have the following respective meanings: (a) Base flood means the flood having a one per cent chance of being equalled or exceeded in any given year. (b) Development means any man-made change to improved or unimproved real estate, including but not lim- ited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. (c) Floodproofing means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood dam- age to real estate or improved real property, structures, and their contents, (d) Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a per- manent foundation when connected to the required utilities, and includes park trailers, travel trailers ORDINANCE NO. NS- 1951 PAGE TWO (e) (f) (g) (h) (i) (j) and other similar vehicles placed on a site for greater than 180 consecutive days. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Person includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agen- cies. Public works construction means any construction or development undertaken pursuant to specifications pre- pared or approved by the executive director of public works or his authorized representative. Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Structure means a walled and roofed building, includ- inG a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Substantial improvement means any repair, reconstruc- tion, or improvement of a structure, the cost of which exceeds fifty (50) per cent 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 (a) any pro- ject 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. Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of vari- ous magnitudes and frequencies in the floodplains of coastal or riverine areas. 359 ORDINANCE NO. NS-1951 PAGE THREE SECTION 3: That section 7-8 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-8. Prospective application. (a) The regulations imposed by this chapter shall apply to structures and manufactured homes only if the start of construction or substantial improvement occurs after the effective date of this chapter. Any amendment to such regulations shall apply only if the start of construction occurs after the effective date of such amendment. (b) "Start of construction" includes substantial improve- ment, and means the date the buildinG permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent con- struction on a site, such as the pourinG of slabs or footings or any work beyond the stage of excavation; or the placement of a manufactured home on a founda- tion. "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 base- ment, footings, piers or foundations or the erection of temporary forms; nor does it include the instal- lation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. (c) "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. SECTION 4: That section 7-21 of the Santa Ana Municipal Code is hereby amended to read as follows: 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, AO, AH, A7, A8 or Al6 zones which fails to comply with the requirements of this chapter. $6O ORDINANCE NO. NS- 1951 PAGE FOUR (b) (c) NO permit required for installation of a manufactured home, for which the executive director of planning and 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 manufactured home in the AO, AH, A7 or A8 zones which fail to comply with the requirements of this chapter. Any proposed construction or other development (other than public works construction) in the A, AO, AH, A7, A8 or Al6 zones including the placement of manufactured homes, for which a permit is not required under either subsection (a) or subsection (b) shall nevertheless require a permit from the executive director of planning and building safety, and so such permit shall be issued for any such construction, development, or placement which fails to comply with the requirements of this chapter. The executive director of planning and build- ing safety shall develop such forms and procedures as may be necessary for the implementation of this subsec- tion. SECTION 5: That section 7-22 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-22. Violation a misdemeanor. Any person who does or causes to be done any construc- tion or other development in the AO, AH, A7, A8, or Al6 zones, or who places any manufactured home in any such zone, without having first obtained the permit required by section 7-21, is guilty of a misdemeanor. SECTION 6: That section 7-23 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-23. Review of permit application for state and federal law requirements. The executive director of planning and 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. 361 ORDINANCE NO. NS-1951 PAGE FIVE SECTION 7: That section 7-24 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-24. General standards for new construction or improve- ment of structures. No permit for new construction or substantial improve- ments of structures (including the placement of prefabricated buildings and manufactured homes) shall be approved in the A, AO, AH, A7, A8, or Al6 zones unless all of the following standards are met: The structure must be designed or modified and adequately anchored, to prevent flotation, col- lapse, or lateral movement of the structure re- sulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. 2 The structure must be constructed with materials resistant to flood damage. The structure must be constructed by methods and practices that minimize flood damage. (4) The structure must be constructed with electri- cal, heating, ventilation, plumbing, and air con- ditioning 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. SECTION 8: That section 7-25 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-25. General development standards. No permit shall be issued for any proposed develop- ment, including manufactured home parks or subdivisions, in the A, AO, AH, A7, A8 or Al6 zones until reviewed by the executive director of public works and approved by him as satisfying the following standards, unless it clearly appears to the executive director of planning and 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, ORDINANCE NO. NS-1951 PAGE SIX AO, AH, A7, A8 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 expos- ure to flood hazards, within the AH and AO zones, adequate drainage paths around structures on slopes must be provided to guide floodwaters around and away from proposed structures. SECTION 9: That section 7-26 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-26. Base flood elevation data. No application for a permit which pertains to a pro- posed new development, including manufactured home parks or subdivisions, greater than fifty (50) lots or five (5) acres, whichever is less, in the A, AO, AH, A7, A8, 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. SECTION 10: That section 7-27 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-27. Records. The executive director of planning and building safety shall: (1) Obtain the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in the A, AO, AH, A7, A8, or Al6 zones. (2) Obtain, if the structure has been floodproofed, the elevation (in relation to mean sea level) to which the structure was floodproofed; and (3) Maintain a record of all such information to- 'gether with any certificates of floodproofing. Such record shall be maintained for public in- spection and furnished upon request, for the determination of applicable flood insurance risk premium rates within the A, AO, AH, A7, A8, and Al6 zones. 363 ORDINANCE NO. NS-1951 PAGE SEVEN SECTION 11: That section 7-28 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-28. Floodproofing. Where a nonresidential structure is intended to be made watertight below the base flood level, a registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable pro- visions of section 7-32, 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. SECTION 12: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 7-29, which said section reads as follows= Sec. 7-29. Enclosed areas below the lowest floor. For all new construction and substantial improve- ments, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registerd professional engineer or architect or meet or exceed the following minimum criteria: 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 flood- ing must be provided. 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 floodwaters. SECTION 13: That section 7-31 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-31. AO, AH, A7 and A8 zone standards - Residential structures. .Ail new construction and substantial improvements of residential structures (other than manufactured homes) in the AO, AH, A7, or A8 zones must have the lowest floor (including basement) elevated above the highest adjacent 364 ORDINANCE NO. NS- 1951 PAGE EIGHT grade at least as high as the depth number specified for the AO zone or to or above the base flood elevation specified for the AH, A7, or A8 zones on the flood insurance rate maps. SECTION 14: That section 7-32 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-32. AO, AH, A7 and A8 zone standards - Non- residential structures. Ail new construction and substantial improvements of nonresidential structures in the AO, AH, A7, or A8 zones must either: (1) Have the lowest floor (including basement) ele- vated above highest adjacent grade at least as high as the depth number specified for the AO zone or to or above the base flood elevation specified for the AH, A7, or A8 zone on the flood insurance rate maps; or (2) Together with attendant utility and sanitary fa- cilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially imper- meable to the passage of water and with struc- tural components having the capability of re- sisting hydrostatic and hydrodynamic loads and effects of buoyancy. SECTION 15: That section 7-33 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-33. AO, AH, A7, and A8 zones - Manufactured homes. No manufactured home shall be placed or substantially improved in the AO, AH, A7 or A8 zones unless elevated on a permanent foundation such that the lowest floor of the manu- factured home is at or above the base flood elevation, and securely anchored to resist flotation, collapse, or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This section does not apply to manufactured homes to be placed or substantially improved in a manufactured home park or subdi- vision which was in existence on October 1, 1979 except where the repair, reconstruction, or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pools before the repair, recon- ,365 ORDINANCE NO. NS-1951 PAGE NINE struction or improvement commenced. This section does apply, however, to manufactured homes to be placed or substantially improved in an expansion to such a mobile home park or sub- division. SECTION 16: That section 7-34 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-34. Al6 zone - Regulatory floodway. No permit shall be issued for placement of any manu- factured home in that portion of the Al6 zone which is desig- nated 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 occurrence of the base flood discharge. SECTION 17: That section 7-35 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-35. Al6 zone - Residential structures. (a) Ail new construction and substantial improve- ments of residential structures (other than manufactured 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) Manufactured homes may not be placed in the Al6 zone. SECTION 18: That section 7-37 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-37. A zone. (a) Residential structures and manufactured 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) ele- vated or floodproofed to or above the base flood level in accordance with section 7-32. Any base flood elevation data available from a federal, 366 ORDINANCE NO. NS- 1951 PAGE TEN state, or other source, including data developed pursuant to section 7-26, shall be obtained, re- viewed, and reasonably utilized prior to issuance of any permit for such construction. SECTION 19: That section 7-41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-41. Grounds for issuance. The executive director of planning and building safety may grant a variance from the requirements of this part if he makes written findings that the following requirements are satisfied: (1) (2) (3) The applicant has shown good and sufficient cause; Failure to grant the variance would result in ex- ceptional hardship to the applicant; The granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cre- ation of nuisances, fraud on or victimization of the public, or conflict with other city ordinances; and (4) The variance is the minimum necessary, considering the flood hazard, to afford relief.~ The granting of variances generally is limited to new construction and substantial improvements to be erected on a lot of one half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level. Deviations from such limitation may occur; provided, however that as the lot size increases beyond one-half acre, the technical justification for grant- ing a variance increases. SECTION 20: That section 7-44 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-44. Procedure. The executive director of planning and 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 367 ORDINANCE NO. NS- 1951 PAGE ELEVEN doubtful, the application shall be submitted to the executive director of public works for review and recommendation. SECTION 21: That section 7-45 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-45. Notice to applicant. Whenever any variance application is submitted, the executive director of planning and 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 twenty-five dollars ($25.00) for one hundred dollars ($100.00) 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. SECTION 22: That section 7-46 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-46. Appeals. Any denial of a variance by the executive director of planning and 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. SECTION 23: That section 7-47 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-47. Records. The executive director of planning and building safety shall maintain a record of all variance actions, including justification for 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. 368 ORDINANCE NO. NS-1951 PAGE TWELVE SECTION 24: That section 7-51 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-51. General development standards. The executive director of public works shall review the following proposals for development in the A, AO, AH, A7, A8 and Al6 zones: (a) Ail public works construction proposals; (b) Ail tentative subdivision maps; and (c) Ail 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, AO, AH, A7, A8, and Al6 zones. (2) All public utilities and facilities, such as sewer, gas, electrical, and water systems must be located and constructed to minimize or elim- inate flood damage. (3) Adequate drainage must be provided to reduce exposure to flood hazards. Within the AH and AO zones, adequate drainage paths around struc- tures on slopes must be provided to guide flood- waters around and away from proposed structures. SECTION 25: That section 7-53 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-53. Water supply systems. The executive director of public works shall assure that new and replacement water supply systems in the A, AO, AH, A7, A8, and.A16 zones are designed to minimize or eliminate infiltration of flood waters into the systems. ORDINANCE NO. NS- 1951 PAGE THIRTEEN SECTION 26: That section 7-54 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-54. Sewage systems. The executive director of public works shall assure that new and replacement sanitary sewage systems in the A, AO, AH, A7, A8, and Al6 zones are designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into the flood waters. SECTION 27: That section 7-55 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-55. Waste disposal systems. The executive director of public works shall assure that on-site waste disposal systems in the A, AO, AH, A7, A8 and Al6 zones are located to avoid impairment to them or contamination from them during flooding. SECTION 28: That section 7-56 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 7-56. Watercourse alterations. The executive 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 noti- fications 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 29: 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 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. SECTION 30: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed 37O ORDINANCE NO. NS- 1951 PAGE FOURTEEN as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 4th 'day of April , 1988. ATTEST: Mayor j~iCe C.. Guy / Clerk Of the Council COUNCILMEMBERS: Young McGuigan A¥¢ Ac os t a Griset Ave Hart Ave May Ave Pulido Ave APPROVED AS TO FORM: 7~r