HomeMy WebLinkAbout13 FLOODPLAIN MGMNT 02-07-00AGE DA
DATE:
TO:
FROM:
SUBJECT:
FEBRUARY 7, 2000
Inter-Oom
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
ORDINANCE NO. 1226, FLOODPLAIN MANAGEMENT
1~0. 13
02-07-00
SUMMARY: The City is a participant in the National Flood Insurance PrOgram
(NFIP). Cities who participate in the NFIP are required to adopt local floodplain
management regulations which are in conformance with the national model
ordinance.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1226 (roll call
vote).
BACKGROUND:
The following Ordinance No. 1226 had first reading by title only and introduction
at the January 17, 2000 City Council meeting:
ORDINANCE NO. 1226 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 9,
CHAPTER 8 OF THE TUSTIN CITY CODE RELATED TO FLOODPLAIN
MANAGEMENT TO COMPLY WiTH THE NATIONAL FLOOD INSURANCE
PROGRAM
Valerie Crabill
Chief Deputy City Clerk
i:MEMOORD
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ORDINANCE NO. 1226
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN
AMENDING SPECIFIED SECTIONS OF ARTICLE 9, CHAPTER 8 OF
THE TUSTIN CITY CODE RELATED TO FLOODPLAIN MANAGEMENT
TO COMPLY WITH THE NATIONAL FLOOD INSURANCE PROGRAM
The City Council of the City of Tustin does hereby ordain as follows:
Section 1
WHEREAS, Federal Emergency Management Agency (FEMA) encourages cities to
participate in the National Flood Insurance Program (NFIP). With regulations in place, the
program allows the owners of properties located within Special Flood Hazard Areas
(SFHA) to purchase flood insurance through the NFIP; and,
WHEREAS, the City of Tustin is a participant in the National Flood Insurance Program
(NFIP). Cities who participate in the NFIP are required to adopt local floodplain
management regulations, which are in conformance with the national model ordinance;
as delineated in the Code of Federal Regulations #44, Section 60; and,
WHEREAS, the City's participation .in the NFIP allows the owners of properties located
within Special Flood Hazard Areas (SFHA) to purchase flood insurance through the NFIP;
and,
WHEREAS, the revisions are reasonably necessary to comply with the State of California
Floodplain Management Model Ordinance.
Section 2
Article 9, Chapter 8 of the Tustin City Code is amended to read as follows'
"9801 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:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public; ,,
(4) To minimize prolonged business interruptions;
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Ordinance No. 1226
Page 2
(5) To minimize damage to public facilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in areas of special flood
hazard;
(6) To help maintain a stable tax base by providing for the use and development of
areas of special flood hazard so as to minimize future flood areas;
(7) To ensure that potential buyers are notified that property is in an area of special
flood hazard; and
(8) To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions. (Ord. No. 1005, Sec. 2, 4-4-88)
9802 DEFINITIONS
[For the purpose of this chapter, the' following words and terms shall have the
meaning ascribed thereto:]
"Appeal" means a request for a review of the Floodplain Administrator's
interpretation of any provision of this chapter or a request for a variance.
"Area of special flood hazard": See "Special flood hazard area."
"Base flood" means the flood having a one (1) percent chance of being equalled or
exceeded in any given year (also called the "100-year flood").
"Basement" means any area of the building having its floor subgrade (below ground
level) on all sides.
"Breakaway walls" are any type of wal.ls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other suitable building
material which is not part of the structural support of the building and which is designed to
break away under abnormally high tides or wave action without causing any damage to
the structural integrity of the building on which they are used or any buildings to which they
might be carried by floodwaters. A breakaway wall shall have a safe design loading
resistance of not less than ten (10) and no more than twenty (20) pounds per square foot.
Use of breakaway walls must be certified by a registered engineer or architect and shall
meet the following conditions:
(1) Breakaway wall collapse shall result from a water load less than that whicl~ would
occur during the base flood; and
(2) The elevated portion of the building 'shall not incur any structural damage due to the
effects of wind and water loads acting simultaneously in the event of the base
flood.
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Ordinance No. 1226
Page 3
"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, and the placement of manufactured
homes.
"Flood or flooding" means a general and temporary condition of partial or complete
inundation of normally dry land area from (1) the overflow of floodwaters, (2) the unusual
and rapid accumulation or runoff of surface waters from any source, and/or (3) the
collapse or subsidence of land along the shore of a lake or other body of water as a result
of erosion or undermining caused by waves or currents of water exceeding anticipated
cyclical levels suddenly caused by an unusual high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force of nature, such as flash
flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event
which results in flooding as defined in this definition.
"Flood boundary and floodway map" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated both
the areas of flood hazard and the floodway.
"Flood insurance rate map (FIRM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated both
the areas of special flood hazards and the risk premium zones applicable to the
community.
"Flood insurance study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the FIRM, and flood boundary and floodway
map, and the water surface elevation of the base flood.
"Floodplain or flood-prone area" means any land area susceptible to being
inundated by water from any source (see definition of "flooding").
"Floodplain management regulations" means zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as
floodplain ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local regulations in any
combination thereof, which provide standards for the purpose of flood damage prevention
and reduction.
"FIo.odproofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures and their contents.
"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 one (1) foot. Also referred to as
"regulatory floodway".
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Ordinance No. 1226
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"Highest adjacent grade" means the highest natural elevation of the grOund surface
prior to construction next to the proposed walls Of a structure.
"Lowest floor" means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking of
vehicles, building access or storage in an area other than a basement area is not
considered a building's lowest floor; provided, that such enclosure is not built so as to
render the structure in violation of the applicable nonelevation design requirements of this
chapter.
"Manufactured home" means a structure, transportable in one (1) or more sections,
which is built on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. For floodplain management purposes
the term "manufactured home" also includes park trailers, travel trailers and other similar
vehicles placed on a site for greater than one hundred eighty (180) consecutive days.
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of
land divided into two (2) or more manufactured home lots for sale or rent.
"Mean sea level" means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which-base flood
elevations shown on a community's flood insurance rate map are referenced.
"New construction" means, for floodplain management purposes, structures for
which the "start of construction" commenced 'on or after the effective date of a floodplain
management regulation adopted by this community.
"One hundred year flood" or "100-year flood" means a flood which has a one (1)
percent annual probability or being equalled or exceeded. It is identical to the "base flood",
which will be the term used throughout this chapter.
"Person" means an individual or his agent, firm, partnership, association or
corporation, or agent of the aforementioned groups, or this state or its agencies or political
subdivisions.
"Remedy a violation" means to bring the structure or other development into
compliance with State or local floodplain management regulations, or, if this is. not
possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced
include protecting the structure or other affected development from flood damages,
implementing the enforcement provisions of this chaPter or otherwise deterring future
similar violations, or reducing federal financial exposure with regard to the structure or
other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
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Ordinance No. 1226
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"Special flood hazard area (SFHA)" means an area having special, flood or flood-
related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99
or AH.
"Start of construction" includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction, repair, reconstruction,
placement, or other improvement was within one hundred eighty (180) days of the permit
date. The actual start means either the first placement of permanent construction, of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement of
a manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include land 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 part of the main structure.
"Structure" means a walled or roofed building, including a gas or liquid storage tank,
that is principally above ground, as well as a manufactured home.
"Substantial improvement" means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds fifty (50) percent of the market value of the
structure either:
(1) Before the improvement or repair is started; or
(2) If the structure has been damaged , and is being restored, before the damage
occurred.
For the purposes of this definition "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.
The term does not, however, include either:
(i)
Any project for improvement of a structure to comply with existing state or local
health, sanitary, or safety code specifications which are solely necessary to assure
safe living conditions; or
(ii) Any alteration of a structure listed on the National Register of Historic Places or a
State Inventory of Historic Places.
"Variance" means a grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited by this chapter.
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Ordinance No. 1226
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'¥iolation" means the failure of a structure or other development to be fully
compliant with the community's floodplain management regulations. A structure or other
development without the elevation certificate, other certifications, or other evidence of
compliance required in this chapter is presumed to be in violation until such time as that
documentation is provided. (Ord. No. 1005, Sec. 2, 4-4-88)
9802.1.1 GENERAL PROVISIONS
a. Applicability
This chapter shall apply to all special flood hazard areas within the City of Tustin.
The areas of special flood hazard identified by the Federal Insurance Administration (FIA)
of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study
dated January 3, 1997, and accompanying Flood InsUrance Rate Maps (FIRMs), dated
JanUary 3, 1997, and all subsequent amendments and/or revisions, are hereby adopted
by reference and declared to be a part of this ordinance. The study and FIRMs are on file
with the City of Tustin.
b. Compliance
No development shall occur without full compliance with the terms of this chapter
and other applicable regulations. Violations of the provisions of this chapter by failure to
comply with any of its requirements (inclUding violations of conditions and safeguards
established in connection with conditions) shall constitute a misdemeanor. Nothing herein
shall prevent the City from taking such lawful action as is necessary to prevent or remedy
any violation. (Ord. No. 1005, Sec. 2, 4-4-88)
c. InterPretation
In the interPretation and application of this chapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Deemed neither to limit nor repeal any other powers granted under State
Statutes. (Ord. No. 1005, Sec. 2, 4-4-88)
d. Waming 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 special flood
hazard areas, or uses permitted within such areas will be free from flooding or flood
damage. This chapter shall not create liability on the part of City, any officer or employee
thereof, or the Federal Insurance Administration, for any flood damages that result from
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Ordinance No. 1226
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reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. No.
1005, Sec. 2, 4-4-88)
9803 ADMINISTRATION
a. [Development Permit Required]
A development permit shall be obtained before construction or development begins
within any special flood hazard area. Application for a development permit shall be made
on forms furnished by the Floodplain Administrator and may include, but are not limited to:
plans drawn to scale showing the nature, location, dimensions, and elevation of the area in
question; existing or proposed structures. The location of fill, storage of materials or
drainage facilities; the following information shall be required:
(1) Proposed elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures; in Zone AO or VO of the City's FIRM, elevation of
highest adjacent grade and proposed elevation of lowest floor of all structures;
(2) Proposed elevation in relation to mean sea level to which any structure will be
floodproofed;
(3) All appropriate certifications listed on Section 9804c(4) of this chapter; and
(4) DesCription of the extent to which any watercourse will be altered or relocated
as a result of proposed development. (Ord. No. 1005, Sec. 2, 4-4-88)
b. Designation of the Floodplain Administrator
The Building Official is hereby appointed to administer and implement this chapter
by granting or denying development permits in accordance with its provisions. (Ord. No.
1005, Sec. 2, 4-4-88)
c. Duties and Responsibilities of the Floodplain Administrator
The duties and responsibilities of the Floodplain Administrator shall include, but not
be limited to:
(1) Permit review:
(a) Review all applications for development permits to determine that the permit
requirements of this chapter have been satisfied;
(b) Determine that all other required State and Federal permits have been
obtained, including permits required by SectiOn 404 of the Federal Water
Pollution Control Act;
(c) Determine that the site is reasonably safe from flooding;
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Ordinance No. 1226
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(d) Determine that the proposed development does not adversely affect the
carrying capacity of the area where base flood elevations have been
determined but a floodway has not been designated. For purposes Of this
chapter, '"adversely affects" means that the cumulative effects of the
proposed development 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 within the City.
(2) Whenever a watercourse is proposed to be altered or relOcated, the Floodplain
Administrator shall:
(a) Notify adjacent communities, the Orange County Flood Control District and
the California Department of Water ResoUrces prior to such alteration or
relocation of a watercourse, and submit evidence of such notification to the
Federal Insurance Administration;
(b) Require that the flood-carrying capacity of the altered or relocated portion of
said watercourse is maintained.
(3) Obtain and maintain for public inspection and make available as needed:
(4)
(a) The certification required in Section 9804a(3)(a) (floor elevations);
(b) The certification required in Section 9804a(3)(b) (elevations in areas of
shallow flooding);
(c) The certification required in Section 9804a3(c) (elevation or floodproofing of
nonresidential structures);
(d)The certification required in Section 9804a3(d) or 9804a3(a) (wet
floodproofing standard);
(e) The certified elevation required in Section 9804c2 (subdivision standards);
(f) The certification required in Section 9804el (flood encroachments).
Use of other base flood data. When base flood calculation data. has not been
provided in accordance with Section 9802a, the Floodplain Administrator shall
obtain, review and reasonably utilize any base flood elevation and floodway
data available from a Federal, State or other source, in order to administer
Section 9804. Any such information shall be submitted to the City Council for
adoption.
(5)
Make interpretations where needed, as to the exact location of the boundaries
of the areas of flood-related erosion hazards (for example, where there appears.
to be a conflict between mapped boundary and actual field conditions). The
person contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in Section 9806.
(6)
Take action to remedy violations of this chapter as specified in Section 9802b
herein. (Ord. No. 1005, Sec. 2, 4-4-88)
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Ordinance No. 1226
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9804 PROVISIONS FOR FLOOD HAZARD REDUCTION
a. Standards of Construction.
In all Special Flood Hazard Areas the following standards are required:]
(1) Anchoring
(a) All new construction and substantial improvements shall be anchored to
prevent flotation, collapse or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(b) All manufactured homes shall meet the anchoring standards of Section
9804d.
(2) Construction materials and methods
(a) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
(b) All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
(c) All new construction and substantial improvements shall be constructed with
electrical, heating, ventilation, plumbing and air conditioning equipment and
other services facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during
conditions of flooding.
(d) Require within Zones AH or AO of the City's FIRM, adequate drainage paths
around structures on slopes to guide floodwaters around and away from
proposed structures.
(3) Elevation and floodproofing.
(a) New construction and substantial improvements within Zones A1-30, AE and
AH On the City's FIRM shall have the lowest floor, including basement,
elevated to or above the base flood elevation. Nonresidential structures shall
meet the standards in Section 9804a(3)(c). Upon the completion of the
structure the elevation of the lowest floor including basement shall be certified
by a registered professional engineer or surveyor. Such certification shall be
provided to the Floodplain Administrator.
(b) New construction and substantial improvement in Zone AO on the. City's
FIRM shall have the lowest floor, including basement, elevated above the
highest adjacent grade at least as high as the depth number specified in feet
on the FIRM, or at least two (2) feet if no depth number is specified.
Nonresidential structures shall meet the standards in .Section 9804a(3)(d).
Upon the completion of the structure the elevation of the lowest floor including
basement shall be certified by a registered professional engineer or surveyor.
Such certification shall be provided to the Floodplain .Administrator.
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Ordinance No. 1226
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(c)
(d)
(e)
(0
New construction and substantial improvements of nonresidential structures
in Zones A1-30, AE and AH shall either be elevated in conformance with
Section 9804a(3)(a) or together with attendant utility and sanitary facilities:
(i)
(ii)
Shall be designed so that below the base flood level the structure is
watertight with 'walls substantially impermeable to the passage of
water; and
Shall have structural Components'capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
Shall be certified by a registered professional engineer or architect
that the design and methods of construction are in accordance with
accepted standards of practice for satisfying this subsection. Such
certifications shall be provided to the Floodplain Administrator.
New construction and substantial improvements of nonresidential structures
in Zone AO on the City's FIRM shall be elevated in compliance with Sections
9804a(3)(b) or together with attendant utility and sanitary facilities:
(i)
(ii)
Shall be designed so that below the base flood level the structure is
watertight with walls substantially impermeable to the passage of
water;
Shall have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
Shall be certified by a registered professional engineer or architect
that the design and methods of construction are in accordance with
accepted methods of practice for satisfying this subsection. Such
certifications shall be provided by the Floodplain Administrator.
Require, for all new construction and substantial improvements, that 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
requirements must either be certified by a registered professional engineer or
architect or meet or exceed the following minimum criteria: A minimum of two
(2) openings having a total net area of not less than one (1) square inch for
every square foot of enclosed area subject to flooding shall be provided. The
bottom of all openings shall be no higher than one (1) 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.
Manufactured homes shall also meet the standards in Section 9804e. (Ord.
No. 1005, Sec. 2, 4-4-88)
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Ordinance No. 1226
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b. Standards for Utilities
(1).The Building Official for on-site work shall require all new and replacement
water supply systems to be designed to minimize or eliminate the infiltration of
floodwaters into the system; for on-site work, the Building Official shall, and for
off-site work the City Engineer shall, require that new and replacement sanitary
sewer systems be designed to minimize or eliminate infiltration of floodwaters
into the systems and discharge from systems into floodwaters; and
(2) New, or additions to, on-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding. (Ord. No. 1005,
Sec. 2, 4.4-88)
c. Standards for Subdivisions
(2)
(3)
(4)
(5)
All preliminary subdivision proposals shall identify the special flood hazard area
and the elevation of the base flood.
All final subdivision plans will provide the elevation of proposed structure(s) and
pads. 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
Floodplain Administrator.
All subdivision proposals shall be consistent with the need to minimize flood
damage.
All subdivision proposals shall have public utilities and facilities such as sewer,
gas, electrical and water systems located and constructed to minimize flood
damage.
All subdivisions shall provide adequate drainage to reduce exposure to flood
hazards. (Ord. No. 1005, Sec. 2, 4-4-88)
d. Standards for Manufactured Homes
All new and replacement manufactured homes and additions to manufactured
homes shall'
(1) Be elevated so that the lowest floor is at or above the base flood elevation; and
(2) Be securely anchored to a permanent foundation system to resist flotation,
collapse or lateral movement by providing over-the-top and frame ties to ground
anchors. Specific requirements shall be that:
(a) over-the-top ties be provided at each of the four (4) corners of the mobile
home, with two (2) additional ties per side at intermediate locations, with
mobile homes less than fifty (50) feet long requiring one (1) additional tie per
side;
(b) frame ties be provided at each comer of the home with five (5) additional ties
per side at intermediate points, with mobile homes less than fifty (50) feet
long requiring four (4) additional ties per side;
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Ordinance No. 1226
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(c) alt components of the anchoring system be capable of carrying a force of
four thousand eight hundred (4,800) pounds; and
(d) any additions to the manufactured home be similarly anchored.
(3)
For new manufactured homes parks and manufactured home subdivisions, for
expansions of existing manufactured home parks and manufactured home
subdivisions, and for existing manufactured home parks and manufactured
home subdivisions where the cost of repair, reconstruction or improvement of
'the streets, utilities and pads equals or exceeds fifty (50) percent of replacement
value of the streets, utilities and pads before the repair, reconstruction or
improvement has commenced, and for manufactured homes not placed in a
manufactured home park or manufactured home subdivision, it shall be required
that:
(a) Stands or lots are elevated on compacted fill or that manufactured homes
are on pilings so that the lowest floor of the manufactured home will be at or
above the base flood level;
(b) Reserved.
(c) In the instance of elevation on pilings, that:
1. Lots are large enough to satisfy Title 25 California Administrative Code.
2. Piling foundations are placed in stable soil, and reinforcement is provided
for pilings. (Ord. No. 1005, Sec. 2, 4-4-88)
e. Fioodways
Since the floodway is an extremely hazardous area due to the velocity of
floodwaters which carry debris, potential projectiles, and erosion potential, the following
provisions apply:
(1)
All encroachments, including fill, new construction, substantial improvements,
and other development shall be prohibited unless certification by a registered
professional engineer or architect is provided demonstrating that
encroachments shall not result in any increase in flood levels during the
occurrence of the base flood discharge.
(2) If Section 9804e(1) is satisfied, all' new construction and substantial
improvements shall comply with all other applicable flood hazard reduction
provisions of Section 9804. (Ord. No. 1005, Sec. 2, 4-4-88)
9805 VARIANCE PROCEDURE
a. Variance Board
(1) The City Council of the City of Tustin shall hear and decide requests for
variances from the requirements of this chapter.
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Ordinance No. 1226
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(2)
In passing upon variance applications, the City Council shall consider all
technical evaluations, all relevant factors, standards specified in other sections
of this chapter, and:
(a) The danger that materials may be swept Onto other lands to the injury of
others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage
'and the effect of such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the
community; '
(e) The availability of altemative locations for the proposed use which are not
subject to flooding or erosion damage;
(f) The compatibility of the proposed uSe with existing and anticipated
development;
(g) The relationship of the proposed use to the comprehensive plan and
floodplain management program for the area;
(h) The safety of access to the property in time of flood for ordinary and
emergency vehicles;
(i) The expected heights, velocity, duration, rate of rise, and sediment transport
of the floodwaters expected at the site; and
(j) 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 and bridges.
(3) Generally, variances may be issued for 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, providing items in Section 9805a(3) have been fully considered. As
the lot size increases beyond one-half acre, the technical justification required
for issuing the variance increases.
(4)
Upon consideration of the factors of Sections 9805a(2) and 9805a(3) and the
purposes of this chapter, the City Council may attach such conditions to the
granting of variances as it deems necessary to further the purposes of this
chapter.
(5)
The Floodplain Administrator shall maintain the records of variances actions
and shall report any variances to the Federal Insurance AdministratioP upon
request. (Ord. No. 1005, .Sec. 2, 4-4-88)
b. Conditions for Variances
(1) Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed in the National Register of Historic Places or the State Inventory
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of Historic Places, without regard to the procedures set forth in the remainder of
this section.
(2) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
(3) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(4) Variances shall only be issued upon:
(a) A showing of good and sufficient cause; and
(b) A determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
(c) A determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization of, the public, or
conflict with existing local news or chapters.
(5)
Variances may be issued for new' construction and substantial improvements
and for other development necessary for the conduct of a functionally
dependent use provided that all provisions of section 9805b are satisfied and
that the structure or other development is protected by methods that minimize
flood damage during the base flood and create no additional threats to public
safety.
(6)
Any applicant to whom a vadance is granted shall be given written' notice that
the Structure will be permitted to be built with a lowest floor elevation below the
regulatory flood elevation and that the cost of flood insurance' will be
commensurate with the increased risk resulting from the reduced lowest floor
elevation. A copy of the notice shall be recorded by the Floodplain
Administrator in the office of the County Recorder, County of Orange and shall
be recorded in a manner so that it appears'in the chain of title of the affected
parcel of land. (Ord. No. 1005, Sec. 2, 4-4-88)
9806 APPEAL PROCEDURE
a. Appeal Board
(1)
The Planning Commission shall hear and decide appeals When it is ~lleged
there is an error in any requirement, decision, or determination made by the
Floodplain Administrator in the enforcement or administration of this chapter.
(2)
The Floodplain Administrator shall maintain the records of all appeal actions
and shall transmit any findings of the Board of Appeal in writing to the appellant.
(Ord. No. 1005, Sec. 2, 4-4-88)
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SECTION II Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held out 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 Tustin 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.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting
held on the day of ,2000.
TRACY WILLS WORLEY
Mayor
PAMELA STOKER
City Clerk