HomeMy WebLinkAboutORD 1226 (2000)2 ORDINANCE NO. 1226
3 AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF TUSTIN
AMENDING SPECIFIED SECTIONS OF ARTICLE 9, CHAPTER 8 OF
4
THE TUSTIN CITY CODE RELATED TO FLOODPLAIN MANAGEMENT
s TO COMPLY WITH THE NATIONAL FLOOD INSURANCE PROGRAM
6
The City Council of the City of Tustin does hereby ordain as follows:
?
s Sectior~ 1 ......... ............................................
9 WHEREAS, Federal Emergency Management Agency (FEMA) encourages cities to
~0 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,
~2 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
z~_ _management re. gu!ation_s,_.W. hich are in conformance with the national model ordinance;
as delineated in the Code of Federal R~3g'Lil~'ti0~s:~-44~' S~cti0'n 60; ~ind,-
14
W.HEREAS, the City's participation in the NFIP allows the owners of properties located
z5 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.
]g
Section 2
19
Article 9, Chapter 8 of the Tustin City Code is amended to read as follows:
20
"9801 PURPOSE
2]
It is the purpose of this chapter to promote the public health, safety and general
22
welfare, and to minimize public and private losses due to flood conditions in specific areas
23 by provisions designed:
24 (1) To protect human life and health;
25
(2) To minimize expenditure of public money for costly flood control projects;
26
(3) To minimize the need for rescue and relief efforts associated with flooding and
27 generally undertaken at the expense of the general public;
28
(4) To minimize prolonged business interruptions;
29
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
inte_rpreta~ioapf any provision of t_h!s cb__apteEor a re_que~t_for_.a .¥ariance
"Area of special flood hazard": See "Special flood hazard area."
"Base flood" means the flood having a one (1) percent chance of being equa!led 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 waUs, 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 which 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.
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.
4 -"
"Flood or flooding" means a general and temporary condition of partial or complete
5 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,
s accompanied by a severe storm, or by an ananticipated force of nature, such as flash
9 flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event
which results in flooding as defined in this definition;
]0
"Flood boundary and floodway map" means the official map on which the Federal
z~ Emergency Management Agency or Federal Insurance Administration has delineated both
~2 the areas of flood hazard and the floodway.
..... J~- .........."Flood-insurance-rate---map (FIRM)'-'- means._the officiaLmap on_ _which t_he_ ..Eed~ra_!
~4 Emergency Management Agency or Federal Insurance Administration has delineated both
the areas of special flood hazards and the risk premium zones applicable to the
~s community.
~6 "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").
20
"Floodplain management regulations" means zoning ordinances, subdivision
:~ regulations, building codes, health regulations, special purpose ordinances (such as
22 floodplain ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local regulations in any
23 combination thereof, which provide standards for the purpose of flood damage prevention
and reduction.
24
25 "Floodproofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real
26 estate or improved real property, water and sanitary facilities, structures and their contents.
27
"Floodway" means the channel of a river or other watercourse and the adjacent
2s 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
29 "regulatory floodway".
Ordinance No. 1226
Page 4
2 "Highest adjacent grade" means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
3
"Lowest fioo~' means the lowest floor of the lowest enclosed area (including
4 basement). An unfinished or .flood resistant enclosure, usable solely for parking of
5 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
6 render the structure in violation of the applicable nonelevation design requirements of this
? chapter.
' s "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
9 foundation when connected to the required utilities. For floodplain management purposes
~0 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 ~wo (2) or more manufactured home lots for sale or rent.
"Mean sea level" means, for purposes of the National Fi0~l'lns~ra~;e' Pi~o.~a'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.
]8
"One hundred year flood" or "100-year flood" means a flood which 'has a one (1)
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.
23
"Remedy a violation" means to bring the structure or other development into
24 compliance with State or local floodplain management regulations, or, if this is not
25 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,
26 implementing the enforcement provisions of this chapter or otherwise deterring future
similar violations, or reducing federal financial exposure with regard to the structure or
27 other development.
28
"Riverine". means relating to, formed by,. or resembling a river (including tributaries),
29 stream, brook, etc.
Ordinance No. 1226
Page 5
]
"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
4 "
"Start of construction" includes substantial improvement, and means the date the
5 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
6 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
s a manufactured-home on a'foundation: Permanent construction does' not'inclUde land ....
9 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
z0 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.
]2
. "St~cture" means_a_ _wall_ed_or _rOofed .building, in_C!uding a gas or liquid storage tank,
z3 that is.principally above ground, as well as a manufactured home.
].4
"Substantial improvement" means any repair, reconstruction, or improvement of a
~s 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.
20 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:
22
23 (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
:4 safe living conditions; or
25
(ii) Any alteration of a structure listed on the National Register of Historic Places or a
26 State Inventory of Historic Places.
27 '~/ariance" means a grant of relief from the requirements of this chapter which
28 permits construction in a manner that would otherwise be prohibited by this chapter.
29
Ordinance No. 1226
.Page 6
~ '~/iolation" means the failure of a structure or other development to be fully
2 compliant with the community's floodplain management regulations. A structure or other
development without the elevation certificate, other certifications, or other evidence of
3 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)
4
5 9802.1.1 GENERAL PROVISIONS
6
a. Applicability
?
This chapter shall apply t0. all special flood hazard areas within the City of _Tustin.
s The areas of speciai'fioc~! hazard identified ,by the Federal Insurance Administration (FIA)
of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study
9 dated January 3, 1997, and accompanying Flood Insurance Rate Maps (FIRMs), dated
~0 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.
~2
-- b. Compliance --- - .............
13 ............................... :~T.-- -'- ........................... 7 ...................
No development shall occur without full compliance with the terms of this chapter
~4 and other applicable regulations. Violations of the provisions of this chapter by failure to
~5 comply with any of its requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a misdemeanor. Nothing herein
~6 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)
~s c. Interpretation
~9 In the interpretation and application of this chapter, all provisions shall be:
20
(1) Considered as minimum requirements;
2~
22 (2) Deemed neither to limit nor repeal any other powers granted under State
Statutes. (Ord. No. 1005, Sec. 2, 4-4-88)
23
d. Warning and Disclaimer of Liability
24
The degree of flood protection required by this chapter is considered reasonable for
25
regulatory purposes and is based on scientific and engineering considerations. Larger
26 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
27 hazard areas, or uses permitted within such areas will be free from flooding or flood
2s 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
29
Ordinance No. 1226
Page 7
]
reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. No.
2 1005, Sec. 2, 4-4-88)
3
4 9803 ADMINISTRATION _
5 a. [Development Permit Required]
6 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:
8 plans drawn to scale showing the nature, location, dimensions, and elevation of the-area in
9 question; existing or proposed structures. The location of fill, storage of materials or
drainage facilities; the following information shall be required:
]0
(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
z2. highest adjacent grade and proposed elevation of lowest floor of all structures;
..... j3 ..........(2) _.P_[o_p~S_ed__.eJ_e_v_ati_o_n_..i~ .r_9_atio~"to mean sea level to which any structure will be
~4 floodproofed;
~5 (3) All appropriate certifications listed on Section 9804c(4) of this chapter; and
~6 (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)..-
~8 b. Designation of the 'Floodplain Administrator
~9 The Building Official is hereby appointed to administer and implement this chapter
20 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
22
23 The duties and responsibilities of the Floodplain Administrator shall include, but not
be limited to:
24
25 (,1) Permit review:
26 (a) Review all applications for development permits to determine that the permit
requirements of this chapter have been satisfied;
27
(b) Determine that all other required State and Federal permits have been
2s obtained, including permits required by Section 404 of the Federal Water
Pollution Control Act;
29 (c) .Determine that the site is reasonably safe from flooding;
Ordinance No. 1226
Page 8
~ (d) Determine that the proposed development does not adversely affect the
2 carrying capacity of the area where base flood elevations have been
determined but a floodway has not been designated. For purposes of this
3 _ - .chapter, "adversely affects" means that the_ cumulative effects of the
4 proposed development when-combined with all other existing and
anticipated development will not increase the water surface elevation of the
5 base flood more than one (!) foot at any point within the City.
6 (2)- Whenever a watercourse is proposed to be altered or. relocated, the Floodplain
? Administrator shall:
....... s ........(a) Notify-adjacent communities; the Orange County--Flood Control District' and
the Califomia Department of Water Resources prior to such alteration or
9 relocation of a watercourse, and submit evidence of such notification to the
~0 Federal Insurance Administration;
(b) Require that the flood-carrying capacity of the altered or relocated portion of
~1 said watercourse is maintained.
]2
(3) .Obtain~a.n_d.mai_ntain_f_0r public inSp_e_ct!o_n..an~d _rnake _a. vailab_l_e_a_s needed:__
]3
.................... (~) Th~'~ifiS~tiS~i'r~ii%8"ifi'S~iS'n'9'8~zYa(3'Xa)'(fi88'F~[~atiC~R~!~ ......"~" .......
~4 (b) The certification required in Section 9804a(3)(b) (elevations ~n areas of
~ shallow flooding);
(c) The certification required in Section 9804a3(c) (elevation or floodproofing of
~6 nonresidential structures);
--~? -- (d)The certification required in Section 9804a3(d) or 9804a3(a) (wet
floodproofing star~dard);
~s (e) The certified elevation required in Section 9804c2 (subdivision standards);
(f) The certification required in Section 9804el (flood encroachments).
20 (4) 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
2~ Section 9804. Any such information shall be submitted to the City Council for
:3 adoption;
24 (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.
25 to be a conflict between mapped boundary and actual field conditions). The
~6 person contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in Section 9806.
27
2s (6) Take action to remedy violations of this chapter as specified in Section9802b
herein. (Ord. No. 1005, Sec. 2, 44-88)
29
Ordinance No. 1226
Page 9
9804 PROVISIONS FOR FLOOD HAZARD REDUCTION
2
a. Standards of Construction.
3
4 In all Special Flood Hazard Areas the following standards are required:]
5 (1) Anchoring
6
(a) All new construction and substantial improvements shall be anchored to
7 prevent flotation, collapse or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
8- (b)'All m~nUfactur~d'hCjmes shall' meet th~ 'anChoring standaFds of SeCti0r~'
9804d.
20 (2) Construction materials and methods
22 (a) All new construction and substantial improvements shall be constructed with
22 materials and utility equipment resistant to flood damage.
................. (b) All new construction and- substantial*improvements shall be constructed .......
~3 using__meJ. hQds_and_practices_tb.at_mir-~imize_flOod-damage .........
~4 (c) All new construction and substantial improvements shall be constructed with
electrical, heating, ventilation, plumbing and air conditioning equipment and
25 other 'services facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during
~6 conditions of flooding.
~? .... (d) Require within ZonesAH or AO of the City's FIRM, adequatedrainage paths
around structures on slopes to guide floodwaters around and away from
z8 proposed structures. '
~9 (3) Elevation and flood proofing.
20
(a) New construction and substantial improvements within Zones A1-30, AE and
2~ AH on the City'S FIRM shall have the lowest floor, including basement,
elevated to or above the base flood elevation: Nonresidential structures shall
22
meet the standards in Section 9804a(3)(c). Upon the completion of the
23 structure the elevation of the lowest floor including basement shall be certified
by a registered professional engineer or surveyor. Such certification shall be
24 provided to the Floodplain Administrator.
25 (b) New construction and substantial improvement in Zone AO on the City's
FIRM shall have the lowest floor, including basement, elevated above the
26 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.
27
Nonresidential structures shall meet the standards in Section 9804a(3)(d).
2s Upon the completion of the structure the elevation of the lowest floor including
· basement shall be certified by a registered professional engineer or surveyor.
29 Such certification shall be provided to the Floodplain Administrator.
Ordinance No. 1226
Page 10
~ (c) 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:
3
4 (i) Shall be designed so that below the base flood level the structure is
watertight with walls substantially impermeable to the passage of
5 water; and
(ii) Shall have structural components capable of resisting hydrostatic and
6 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
s ......... accepted standards of practice for satisfying this subsection: '-' Such
certifications shall be provided to the Floodplain Administrator.
~0 (d) 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:
~2 -- (i) ,, ,Shall be designed so that below the base flood level the structure is
~3 _watertig_h._t_._w_i~th wa.!!.s_ s~_st__a_nt!all_y. i_mP_er__m_ea_,_bl_e____t_o_th_.e__p_a_Ssa_g_e_0f _,' .........~'.,_
water;
~4 (ii) Shall have structural components capable of resisting hydrostatic and
~5 hydrodynamic loads and effects of buoyancy; and'
(iii)Shall be certified by a registered professional engineer or architect
~6 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.
(e) Require, for all new construction and substantial improvements, that fully
~9 enclosed areas below the lowest floor that are subject to flooding shall be
~-0 designed to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting this
2~ 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~- (2) openings having a total net area of not less than one (1) square inch for
:s every squarefoot of enclosed area subject to flooding shall be provided. The
bottom of all openings shall be no higher than one (1) foot above grade.
24 Openings may be equipped with' screens, Iouvers, valves or other coverings
or devices provided that they permit the' automatic entry and exit of
25
floodwaters.
26
(f) Manufactured homes shall also meet the standards in Section 9804e. (Ord.
27 No. 1005,-Sec. 2, 4-4-88)
28
Ordinance No. 1226
Page 11
2 b. Standards for Utilities
2
(1) .The Building Official for on-site work shall require all new and replacement
3 water supply systems to be designed to minimize or eliminate the infiltration of
4 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
5 sewer systems be designed to minimize or eliminate infiltration of floodwaters
into the systems and discharge from systems into floodwaters; and
6
(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
9
10 (1) All preliminary subdivision proposals shall identify the special flood hazard area
and the elevation of the base flood.
~ (2) All final subdivision plans will provide the elevation of proposed structure(s) and
22 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 ........
~3 Floodplain Ad_~!_n_i_str_at_or
24 (3) All subdiViSion proposals shall be consistent with the need tO-minimize flood
damage.
~5 (4) All subdivision proposals shall have public utilities and facilities such as sewer,
gas, electrical and water systems located and constructed to minimize flood
~6 damage.
27 (5) All subdivisions shall provide adequate drainage to reduce exposure~to flood
hazards. (Ord. No. 1005, Sec. 2, 4-4-88)
18
d. Standards for Manufactured Homes
]9
20 All new and replacement manufactured homes and additions to manufactured
homes shall:
2]
22 (1) Be elevated so that the lowest floor is at or'above the base flood elevation; and
23 (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
24 anchors. Specific requirements shall be that:
25
(a) over-the-top ties be provided at each of the four (4) corners of the mobile
26 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
27
side;
2s (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
29 long requiring four (4) additional ties per side;
Ordinance No. 1226
Page 12
(c) all 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.
4 (3) For new manufactured homes parks and manufactured home subdivisions, for
expansions of existing manufactured home parks and manufactured home
s subdivisions, and for existing manufactured home parks and manufactured
home subdivisions where the cost of repair, reconstruction or improvement of
6 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
s manufactured 'hOme park or manufactured home SubdiVisiOn': it ~hall' be required ....
that:
9
~0 (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;
~2 (b) Reserved.
..... (c) In_the instance of elevation on pilings, that: .........
~3 1. Lots.__are_ large__enoug h to_satisfy_T_itle25Califorr~ia*Admirdstrative Code ..........
.......................... 2. Piling foundations are placed in stable soil, and reinforcement is provided for pilings. (Ord. No. 1005, Sec. 2, 4-4-88)
e. Floodways
Since the floodway is an extr:emely hazardous area due to the velocity of -'
floodwaters which carry debris, potential projectiles, and erosion potential, the following
' ' lpply:
~9 (1) All encroachments, including fill, new construction, substantial improvements,
:0 and other development shall be prohibited unless certification by a registered
professional engineer or architect is provided demonstrating that
2~ encroachments shall not result in any increase in flood levels during the
occurrence of the base flood discharge.
22
23 (2) If Section 9804e(1) is satisfied, all' new construction and substantial
improvements shall comply with all other applicable flood hazard reduction
24 provisions of Section 9804. (Ord. No. 1005, Sec. 2, 4-4-88)
25
9805 VARIANCE PROCEDURE
26
a. Variance Board
27
' 2s (1) The' City Council of' the 'City of Tustin shall hear and decide requests for
variances from the requirements of this chapter.
2~)
Ordinance No. 1226
Page 13
(2) In passing upon variance applications, the City Council shall consider all
2 technical evaluations, all relevant factors, standards specified in other sections
of this chapter, and:
3
4 (a) The danger that materials may be swept onto other lands. to the injury of
others;
5 (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
6
and the effect of such damage on the individual owner;
? (d) The importance of the services provided by the proposed facility to the
_ _ c0m_rnUnitY;
s (e) The availability of alternative locations for' the proposed' use-which are not-
9 subject to flooding or erosion damage;
(f) The compatibility of the proposed use with existing and anticipated
~0 development;
(g) The relationship of the proposed use to the comprehensive plan and
~ floodplain management program for the area;
~2 (h) The safety of access to the property in time of flood for ordinary and
..... emergency vehicles;
........ -~ ...............(i)_. *The expectedbeigh_ts,_v_~l _o_ city, du_r_atio__n_,ra_te o_f' rise, and sediment 'tr~sp0rt"'
of the floodwaters expected at the site; and
I4
(j) The costs of providing governmental services during and after flood
~5 conditions, including maintenance and repair of public utilities and facilities
such as sewer, gas, electrical, and water system, and streets and bridges.
]6
'" 27 (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
~s 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
~9 the lot size increases beyond one-half acre, the technical justification required
20 for.iSsuing the variance increases.
~-~ (4) Upon consideration of the factors of Sections 9805a(2) and 9805a(3) and the
22 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
23 chapter.
24 (5) The Floodplain Administrator shall maintain the records of variances actions
2~ and shall report any variances to the Federal Insurance Administration upon
request. (Ord. No. 1005, Sec. 2, 4-4-88)
26
b. Conditions for Variances .
27
2s (1) Variances may be issued for the i'econstruction, rehabilitation or restoration of
structures listed in the National Register of Historic Places or the State Inventory
29
Ordinance No. 1226
Page 14
of Historic Places, without regard to the procedures set forth in the remainder of
this section.
3 (2) Variances shall not be i.ssued within any designated floodway if any increase in flood levels during the base flood discharge would result.
4
5 (3) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
6
(4) Variances shall only be issued upon:
.......s ...... (a) A-showing of-good and sufficient cat~se; and
9 (b) A' determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
~0 (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
~2 conflict with existing local news or chapters.
"" ~3 ...... (5) vrjrianCe~"'may b'~ issued for new'construction and substantial i_.mprovements
-' ............'afia'~fai:' 0tfi~F'ae~ei~ment necessary for the conduct of a functionally
~4 dependent use provided that all provisions of section 9805b are satisfied and
~5 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
16 safety.
~? (6) Any applicant to whom a variance is granted shall be given written notice that
ts 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
~9 commensurate with the increased risk resulting from the reduced lowest floor
2o 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
2~ be recorded in a manner so that it appears in the chain of title of the affected
z2 parcel of land. (Ord. No. 1005, Sec. 2, 4-4-88)
23 9806 APPEAL PROCEDURE
24 a. Appeal Board
2~ (1) The Planning Commission shall hear and decide appeals when it is alleged
26 there is an error in any requirement, decision, or determination made by the
Flood plain Administrator in the enforcement or administration of this chapter.
27
(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)
Ordinance No. 1226
Page 15
]
2 SECTION II Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for-any
4 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 Qf this
s 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.
s PASSED AND ADOPTED by the' City Council of the City Of TUstin at a regular meeting'
9 held on the 7th day of Feb. ,2000.
10
.... TRA, Cy_WIC. b/S_WORLEy /
14
.... ~?PAME~STOKER -
Oity Clerk
~8
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City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1226
Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council of the
City of Tustin is five; that the above and foregoing Ordinance No. 1226 was introduced at a
regular meeting of the City Council on January 17; 9{')OO; and was passed and adopted at a
regular meeting of the City Council held on February 7; 2000 by the following vote:
COUNCILMEMBER AYES: Worley, Thomas, Doyle, Potts, Saltarelli
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None'
COUNCILMEMBER ABSENT: None
' la Stoker, City Clerk