HomeMy WebLinkAboutORD FOR INTRODUCTION 03-21-88~ ,,~ ~ ~ ,.~ :.3 --~ i- ~ NO. ~
DATE: ~RCH 21, 1988
TO:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER
CHRISTINE S~INGLETON, DIRECTOR OF CO~4UNITY DEVELOPMENT
REVISION TO FLOOD PLAIN MANAGEMENT ORDINANCE
RECO~ENDATION
M.O. Introduce Ordinance No. 1005.
M.O. Hold first reading of Ordinance 1005.
BACKGROUND
The National Flood Insurance Act Of 1968 was enacted by Title Xlll of the
Housing and Urb'an Development Act of 1968 to provide previously unavailable
flood insurance protection to property" owners in flood prone areas. The Flood
Disaster Protection Act of 1973 also required the purchase of flood insurance
for any form of Federal of federally' related financial assistance for
acquisition or construction purposes {this includes federally insured loans).
Since potential flood hazard areas have been identified within the City of
Tustin, primarily in the southeast area of the City in the vicinity of the I-5
freeway, the City is required under provisions of the Act to participate in the
National Flood Insurance Program and must adopt flood plain management
regulations satisfying the minimum criteria established by Federal law.
On October 1, 1986, the Federal Emergency Management Agency (FEMA) modified
rules governing the National Flood Insurance Program (NFIP). These changes were
published in the Federal Register dated Monday, August 25, 1986 on pages
30290-30315.
FEMA requ'ired each community participating in the NFIP to revise .their local
ordinance to include these changes by April 1, 1987. The Regional Director of
Region IX FEMA extended this deadline for an unspecified period and allowed the
State of California, Department of Water Resources {DUR) to work with California
communities on their revisions on behalf of FEMA.
The DWR has reviewed proposed changes to the Tustin Flood Plain Ordinance and
recommends immediate adoption by the City. The recommended changes to the
City Council Report
March 21; 1988
Flood Plan Management Ordinance
Page two
City's flood plain regulations will bring the City into compliance with Federal
requirements. While no new procedures result from the proposed changes, the
following are major features of the Ordinance:
1. The Ordinance only applies to Special Flood Hazard,~reas in the City
identified by FEMA. .:
2. A development permit must be obtained from the City's Floodplain
Administration (Building Official) prior to construction in a Special Flood
Hazard Area. Prior to issuance of the permit, all certificates required by
law must be provided and a determination must be made that the development
does not increase the water surface elevation above the base flood level
more than one foot.
e
In all identified flood hazard areas minimum standards of construction
required by law are defined including standards for anchoring, construction
methods and materials, minimum elevations and floodproofing, utilities, new
subdivisions, and new manufactured homes.
4. The Ordinance also provides for Variance and Appeal procedures. The City
Council would act on all Variances with the Planning Commission would be
assigned responsibilities for Ordinance interpretations and appeals.
Pursuant to State CEQA requirements, the proposed project has been found to be
exempt from CEQA (Class 7 exemption).
-Chri-sti he Shingleton //
Di rector of Communi t)(~/Devel opmen t
CAS: per
Attachments: Ordinance 1005
Comrnuni:y DeveloPmen~ Oepar:rnen~
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ORDINANCE NO. 1005
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ESTABLISHING PROCEDURES FOR REGULATION OF LAND
USE AND CONSTRUCTION IN FLOOD PRONE AREAS BY ADDING SECTION
9800 ET. SEQ., CHAPTER 8, TO ARTICLE 9 OF THE TUSTIN
MUN IC IPAL CODE ENTITLED , "FLOODPLAIN MANAGEMENT
REGULATIONS".
The City Council does hereby find and determine as follows:
A. That the legistlature of the State of California has in
Government Code Sections 65302, 65560 and 65800 conferred upon
local government agencies authority to adopt regulations
designed to promote the public health, safety, and general
wel fare of its citizenry.
B. That certain areas of the City of Tustin are subject to periodic
flooding which results in loss of life and property, health and
safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection
and relief, and 'impairment of the tax base, all of which
adversely affect the public heal th, safety and general welfare.
C. That these flood losses are caused by the cumulative effect of
obstructions in areas of special flood haZards which increase
flood heights and velocities, and when inadequately anchored,
damage uses in other areas. Uses that are inadequately
floodproofed, elevated or otherwise protected from flood damage
also contribute to the flood loss.
D. That in order to accomplish its purposes, this ordinance
includes methods and provisions for:
1. Restricting or prohibiting uses which are dangerous to
heal th, safety, and property due to water or erosion
hazards, or which may result in damaging increases in
erosion of flood heights or velocities;
2. Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood
damage at the time of initial construction;
3. Controlling the alteration of natural floodplains, stream
channels, and natural protective barriers, which help
accommodate or channel flood waters;
4. Controlling filling, grading, dredging, and other
development which may increase flood damage; and,
Ordinance No. 1005
Page two
5. Preventing or regulating the construction of flood barriers
which will unnaturally divert flood waters or which may
increase flood hazards in other areas.
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E. That, the City of Tustin has adopted and is enforcing the
current Uniform Building Code, and
F. That, the Uniform Building Code states that it shall be unlawful
for any person, firm or corporation to erect, construct,
enlarge, alter, repair, move, improve, remove, convert, or
demolish any building or structure or make any installation,
alteration, repair, replacement, or remodel, any buildigg
service equipment regulated by this code and technical codes, or
cause the same to be done without first obtaining a separate,
appropriate permit for each building, structure or building
service equipment from the building official, and
G. That, building permit applicants are required to submit plans,
engineering calculations, diagrams and other data in one or more
sets with each application for' a permit and the building
official may require plans, computations and specifications to
be prepared and designed by an engineer or architect licensed by
the state to practice as such, and
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That, it is the intent of the Council of the City of Tustin to
require the recognition and evaluation of flood hazards in all
official actions relating to land use in flood plain areas
having special flood hazards, and
I. That, the City of Tustin is required as a condition of continued
eligibility in the National Flood Insurance Program, to adopt
flood plain management regulations that meet the standards of
Section 1910.3(d) of the Program regulations (24CFR1909) and
these standards are minimum requirements and do not supercede
any local requirements that may be of a more stringent nature.
J. That the proposed project has been found to be categorically
exempt from grate CEQA requirements.
II. Now, therefore, the City Council of the City of Tustin does hereby
ordain as follows:
Section 1:
That Ordinance No. 807 is hereby repeal ed in its
en ti rety.
Section 2: That Section 9800 et. seq., Chapter 8 of Article 9 of
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Ordinance No.. 1005
Page three
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the Tustin Municpal Code is hereby added and shall read
as follows:
9800 Flood Plain Management Regulations
7 9801 Purpose
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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:
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1. To protect human life and heal th;
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 publ lc;
4. To minimize prolonged business interruptions;
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.
9802 Defini tions
"Appeal" means a request for a review of the F1 oodplain
Administrator's interpretation of any provision of this ordinance or
a request for a variance.
"Area of Special Flood Hazard" See "Special flood hazard area".
"Base Flood" means the flood having a one percent chance of being
equalled or exceeded in any given year {also called the "lO0-year
fl ood" ).
Ordinance No. 1005
Pa ge fo ur
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'Basement" means any area of the building having its floor subgrade
(below ground level) on all si des.
"Breakawa~f Wallsu are any type of walls, whether solid or lattice,
and whether constructed of concrete, masonry, wood, me~l, 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 s~ructural integrity of the building on which they are
used or any buildings to which they might be carried by flood
waters. A breakaway wall shall have a safe design loading resistance
of not less than ten and no more than twenty pounds per square foot.
Use of breakaway walls must be certified by a registered engineer of
architect and shall meet the following conditions:
(a) Breakaway wall collapse shall result from a water load less than
~hat which would occur during the base flood; and
(b) 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.
"Development" means any man-made change to improved or unimproved
real estate, including but not limited to buildings or other
s~ructures, mining, dredging, filling, grading, paving, excavation or
drilling operations, and the placement of Manufactured Homes.
"Flood or Floodin!]' means a general and temporary condition of
partial or complel;e inundation of normally dry land area from (1) ~:he
overflow of flood wa%ers, (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
wa~er exceeding anticipated cyclical levels of 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 even% which results in flooding as defined in this
definition.
"Flood Boundary and Floodway Map" means the official map on which the
F~deral' Emergency Management Agency or Federal Insurance
Administration has delineated both %he areas of flood hazard and the
fl oodway.
Ordinance No. 1005
Page five
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"Flood Insurance ..Ra~e Map (FII~I)' 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, the Flood Boundary and Floodway Map, and the water surface
elevation of the base flood.
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"Floodplain or Flood-Prone Area" means any land area susceptible to
being inundated by water from any source (see definition of
"fl oodi rig" ).
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"Floqd.p1 ain Management Re~]ulations" means zoning ordinances,
subdivision regulation, bu'~lding 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 sl~andards for the purpose of flood
damage prevention and reduction.
"Floodproofing' means any combination of structural and nonstructural
additions, changes, or adjusl:nents 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 foot. A1 so referred to as "Regulatory
fl oodway".
"Highest Adjacent Grade" means the highest natural elevation of the
ground surface prior to construction next to the proposed walls of a
str uctur e.
"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 buil ding's
lowest floor; provided, that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation
design requirements of this chapter.
Ordinance No. 1005
Page six
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"Manufactured Home" means a structure, transportable in one or more
s~'tions:' which i'~ built on a permanent chassis and is designed for
use with or without a permanent foundation when connected to the
requi, red utilities. For floodplain management purposes the term
"manufactured home" also includes park trailers, travel trailers and
other si milar vehicles placed on a site for greater than 180
consecutive days.
"Manufacture-ed Home Park or Subdivision" means a parcel (or contiguous
parcels)-of'land d{vided i~to two O~"more manufactured home lots for
sale or rent.
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"Mean Sea Level" means, for purposes 'of of the National Flood
Insurance Prog'r~"m, 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 "lOO-Year Flood" means a flood which has
a-one percent annual probability or being equalled or exceeded. It
is. identical to the ."base flood", whi'ch 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, a resembl lng a river
{including tributaries), stream, brook, etc.
"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.
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Ordinance No. 1005
Page seven
"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 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 ins=allation
of piles, the construction of columns, or any work beyond the s~age
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 50-
percent of the market value of the stucture 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:
(1) any project for.. improvement of a structure to comply with
existing state of local health, sanitary, or safety code
specification 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.
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Ordinance No. 1.005
Page eight
"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.
"Violation' means the failure of a structure or other development to
be fully compliant wi th 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.
9802 General Provisions
A. APPLICABILITY.
This chapter shall apply to all Special Flood Hazards Areas
within the City of Tustin as identified by the Federal Emergency
Management Agency or the Federal Insurance Administration in the
report entitled "Flood Insurance Study for City of Tustin, dated
April 29, 1987, with an accompanying Flood Insurance Rate Map on
file with the City of Tustin as may be amended from time to
time {hereinafter referred to as the "FIRM").
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.
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 statues.
Ordinance No. 1005
Page ni ne
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D. WARNING 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, a~y officer or employee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance
on this chapter or any adminstrative decision lawfully made
thereunder.
9803 Administration
A. A Development Permit shall be obtained before construction or
Development begins wi thin 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:
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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
struc tur e s.
2. Proposed elevation in relation to mean sea level to which
any structure will be floodproofed;
3. All appropriate certifications listed on Section 9804C4of
this chapter; and
4. Description of the extent to which any watercourse will be
altered or relocated as a result of proposed development.
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 wi th its provisions.
Ordinance No. 1005
Pa ge ten
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C. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
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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 s~ate and federal
permits have been obtained, including permits required
by Section 404 of the Federal Water Pollution Control
Act;
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(c) Determine that the site is reasonably safe from
flooding..
(d) Determine that the proposed development does not
adversely affect the carrying capacity of the area where
base flood elevations have been determi6ed but a
floodway has not been designated. For purposes of this
Ordinance, "adversely affects" means that the cumulative
affects 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 foot at any point within the City.
2. Whenever a watercourse is proposed to be al tered 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
watercource, and submit evidence of such notification to
the Federal Insurance Adminstration;
(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'
(a) The certification required in Section 9804A3(a) (floor
el eva ti on s);
(b) The certification required in Section
9804A3(b)(elevations in areas of shallow flooding);'
Ordinance No. 1005
Page el even
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(c) The certification required in Section 9804A3(c)
(elevation or fl oodproofing of nonresidential
structures);
(d) The certification required in Section 9804A3(d) or
9804A3(a) (wet floodproofing s~andard);
(e) The certified elevation required in Section 9804C2
(subdivision s~ndards).
(f) The certification required in Section 9804E1 (flood
encroachmen ts).
4. Use of other Base Flood Da~a. 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
da~a availabl~e 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 ~o 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 9406.
6. Take action to remedy violations of this chapter as
specified in Section 9802B herein.
9804 Provisions For Flood ~lazard Reduction
A. STANDARDS OF CONSTRUCTION.
In all Special Flood Hazard Areas the following s~andards 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 hydrostiatic loads, including the effects of
buoyancy.
(b) A11 Manufactured Homes shal 1 meet the anchoring
standards of Section 9804D.
Ordinance No. 1005
Page twelve
2. Construction Materials and Methods
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(a) All New Construction and Substantial Improvements shall
be constructed with materials and Utility equipment
resistent to flood damage.
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(b) All New Construction and Substantial Improvements shall
be constructed using methods and practices that minimize
fl ood damage.
(c) All New Construction and Substantial Improvements shall
be constructed with electrical, heating, ventilation,
plumbing and air conditioning 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.
(d) Require within Zones AH or AO of the City's FIRM,
adequate drainage paths around -structures on slopes to
guide flood waters around and away from proposed
structures.
3. Elevation and Floodproofing
(a) New Construction and Substantial Improvements within
Zones A 1-30, AE and AH on the City's FIRM shall have
the lowest floor, including basement, elevated to or
above the base flood elevation. Non-residential
structures shall' meet the standards in Secti on
9804A3(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
F1 oodpl ai n 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 feet if no depth
number is specified. Non-residential structures shall
meet the standards in Section 9804A3(d). Upon the
completion of the structure the elevation of the lowest
floor including basement shall be certified by a
registered professional engineer of surveyor. Such
certification shall be provided to the Floodplain
Admi ni stra tot.
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Ordinance. No. 1005
Page thirteen
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(c) New Construction and Substantial Improvements of
non-residential structures in Zones A1-30, AE and AH
shall either be elevated in conformance with Section
9804A3(a) or together with attendant utility and
sanitary facil i ties'
(i)
Shall be designed so that below the base flood
level the structure is watertight! wi th wall s
substantially impermeable to the passage of
water; and
(ii) shall have structural components capable of
resisting hydrostatic and hydrodynamic loads and
effects of buoyancy; and
(iii) 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.
(d) New Construction and Substantial Improvements of
non-residential structures in Zone AO on the City's FIRM
shall be elevated in compliance with Sections 9804A3(b)
or together wi th attendant util i ty and sani tory
facilities:
(i)
Shall be designed so that below the base flood
1 evel the structure is water-tight wi th wall
substantially impermeable to the passage of water;
(ii) shall have structural components capable of
resisting hydrostatic and hydrodynamic loads and
effects of buoyancy; and
(iii) 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 prov'ided
by the Floodplain Administrator.
(e) 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 requirement must
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Ordinance No. 1005
Page fourteen
either be certified by a registered 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 flooding
shall be provided. The bottom of all openings shall be
no higher than one foot. above grade. Openings may be
equipped wi th screens, louvers, valves or other
coverings or devices provided that they permit the
automatic entry and exit of floodwaters.
(e) Manufactured Homes shall al so meet the standards in
Secti on 9804e.
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 flood waters 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 sewage systems be designed to
minimize or eliminate infiltration of flood waters into the
systems and discharge from systems into flood waters; 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.
C. STANDARDS FOR SUBDIVISIONS.
1. All preliminary subdivision proposals shall identify the
Special Flood Hazard Area and the elevation of the Base
F1 ood.
2. 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.
3. All Subdivision proposals shall be consistent with the need
to minimize flood damage.
4. All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical and water systems
located and constructed to minimi~ze flood damage.
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Ordinance No. 1005
Page fifteen
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5. All subdivisions shall provide adequate drainage to reduce
exposure ~o flood hazards.
STANDARDS FOR MANUFACTURED HOMES.
All new and ~replacement Manufactured Homes and additions to
Manufactured Homes shall ·
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1. Be elevated so that the lowest floor is at or above the Base
Flood elevation; and
2. Be securly 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
corners of the mobile home, with two additional ties per
side at intermediate locations, with mobile homes less
than 50 feet long requiring one addit'ional tie per side;
(b) frame ties be provided at each corner of the home with
five additional ties per side at intermediate points,
with mobile homes less than 50 feet long - requiring
four additional ties per side;
(c) all components of the anchoring system be capable of
carrying a force of 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 50 percent
of replacement value of the streets, utilities and pads
before the repair, reconstruction or improvement ilas
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;
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Ordinance No. 1005
Page sixteen
(c) in the instance of elevation on pilings, that'
- Lots are large enough to satsify Title 25 California
Administrative Code.
- Piling foundations are placed in stable soil, and
reinforcement is provided for pilings.
E. FLOODWAYS.
Since the Floodway is an extremely hazardous area due to the
velocity of flood waters which carry debris, potential
projectiles, and erosion potential, the following provisions
apply'
1. All encroachments, including fill, New Construction,
Substantial Improvements, and other Development st~all 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 9804E1 is satisfied, all New Construction and
Substantial Improvements shall comply with all other
applicable flood hazard reduction provisions of Section
9804.
9405 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.
2. In passing upon variance applications, the City Council
shall consider all technical evaluations, all relevant
fa'ctors, 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;
(~) 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;
Ordinance No. 1005
Page seventeen
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(d) the importance of the services provided by the proposed
facility to the community;
(e) the availablility of alterntive locations for the
proposed use which are not subject to flooding or
erosion damage;
(f) the compatibility of the proposed use with existing and
anti ci pared development;
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(g) the relationship of the proposed use to the
comprehensive plan and floodplain management program for
the area;
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(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 flood waters 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
acrea or less in size contiguous to and surrounded by lots
with existing structures constructed below the base flood
level, providing items in sections 9805A3 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 9805A2 and
9805A3 and the purposes of this chapter the City Council may
attach such conditions to the granding 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 Administration upon request.
B. CONDITIONS FOR VARIANCES
1. Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed in the
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Ordinance No. 1005
Page eighteen
National Register of Historic Places or the State Inventory
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
puql ic .safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of, the
public, or conflict with existing local news or
chapter s.
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 variance 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 flood 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.
Ordinance No. 1005
Page nineteen
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9406 Appeal Procedure
A. APPEAL BOARD
1. The Planning Commission shall hear and decide appeals when
it is alleged 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.
Section 3- If any section, sentenc, e, clause, or phrase of this
ordinance is, for any reason, held to be invalid or
unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance.
The Council hereby declares that it would have passed
this ordinance and adopted this chapter and each
section, sentence, clause, or phrase, thereof,
irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared
'invalid or unconstii~utional.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council
held on the day of , 1988.
Ronald B. Hoesterey,
Mayor
Mary E. Wynn,
City C1 erk