HomeMy WebLinkAboutORD 1005 (1988) 1
~ ORDINANCE NO. 1005
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
3 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
MUNICIPAL CODE ENTITLED, "FLOODPLAIN MANAGEMENT
5 REGULATIONS".
6
I. The City Council does hereby find and determine as follows:
?
8 A. That the legistlature of the S~ate of California has in
Government Code Sections 65302, 65560 and 65800 conferred upon
1 ocal government agencies authority to adopt regul ati ons
9 designed to promote the public health, safety, and general
wel fare of its ci ti zenry.
10
B. That certain areas of the City of Tustin are subject to periodic
11 flooding which results in loss of life and property, health and
I safety hazards, disruption of commerce and governmental
19') services, extraordinary public expenditures for flood protection
and relief, and impairment of the tax basel all of which
13 adversely affect the public heal th, safety and general welfare.
11 C. That these flood losses are caused by the cumulative effect of
15 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
]G floodproofed, elevated or otherwise protected from flood damage
17" also contribute to the flood loss.
D. That in order to accomplish its purposes, this ordinance
18 includes methods and provisions for:
Ig 1. Restricting or prohibiting uses which are dangerous to
heal th, safety, and property due to water or erosion
20 hazards, or which may result in damaging increases in
21 erosion of flood heights or velocities;
22 2. Requiring that uses vul nerabl e to floods, including
facilities which serve such uses, be protected against flood
23 damage at the time of initial construction;
24 3. Controlling the alteration of natural floodplains, stream
channel s, and natural protective barriers,. which help
25 accommodate or channel flood waters;
26 4. Control 1 ing fil 1 ing, grading, dredging, and other
development which may increase flood damage; and,
1
Ordinance No. 1005
2 Page two
t 5. Preventing or regulating the construction of flood barriers
which will unnaturally divert flood waters or which may
5 increase flood hazards in other areas.
6 E. That, the City of Tustin has adopted and is enforcing the
current Uniform Building Code, and
7
F. That, the Uniform Building'Code states that it shall be unlawful'
8 for any person, firm or corporation to erect, construct,
enlarge, alter, repair, move, improve, remove, convert, or
9 demolish any building or structure or make any installation,
alteration, repair, replacement, or remodel, any bqil ding
10 service equipment regulated by this code and technical codes, or
cause the same to be done without first obtaining a separate,
1] appropriate permit for each building, structure or building
service equipment from the building official, and
12
G. That, building permit applicants are required to submit plans,
13 engineering calculations, diagrams and other data in one or more
sets with- each application for a permit and the bull ding
]i official may require plans, computations and specifications to
be prepared and designed by an engineer or architect licensed by
15 the state to pra6tice as such, and
]G H. That, it is the intent of the Council of the City of Tustin to
require the recognition and evaluation of flood hazards in all
IT 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
19 eligibility in the National Flood Insurance Program, to adopt
flood plain management regulations that meet the standards of
20 Section 1910.3(d) of the Program regulations (24CFR1909) and
these standards are minimum requirements and do not supercede
21 any local requirements that may be of a more stringent nature.
22 J. That the pr~oposed project has been found to be categorically
exempt from State CEQA requirements.
23
24 II. Now, therefore, the City Council of the City of Tustin does hereby
25! ordain as follows:
Section 1: That Ordinance No. 807 i s hereby repeal ed in its
2G entirety.
27 Section 2: That Section 9800 et. seq., Chapter 8 of Article 9 of
28
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2 Ordinance No. 1005
Page three
3
the Tustin Municpal Code is hereby added and shall read
5 as follows:
6 9800 Rood Plain Hanagement Regulations
? 9801 Purpose
8 It is the purpose of this chapter to promote the public health,
safety and general welfare, and to minimize public and private losses
9 due to flood conditions in specific areas by provisions designed:
10 1. To protect human 1 i fe and heal th;
]] 2. To minimize expenditure of public money for costly flood control
projects;
12
3. To minimize the need for rescue and relief efforts associated
]3 with flooding and generally undertaken at the expense of the
general publ i c;
14
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities such as water and gas
16~. mains, electric, tellphone and sewer lines, streets and bridges
J. located in areas of special flood hazard;
iT)j 6. To help maintain a stable tax base by providing for the use and
1 development. of areas of special flood hazard so as to minimize
future flood areas;
j 7. To ensure that potential buyers are notified that property is in
2oj! an area of special flood hazard; and
2212.~ 8. To ensure that those who occupy the areas of special flood
hazard assume responsibility for-their actions.
23 9802 Definitions
2~, "Appeal" means a request for a review of the F1 oodpl ai n
Administrator's interpretation of any provision of this ordinance or
25 a request for a variance.
26 "Area of Special Rood Hazard" See "Special flood hazard area".
27 "Base Rood" means the flood having a one percent chance of being
equalled or exceeded in any given year {also called the "100-year
~Z~ flood" ).
1
Ordinance No. 1005
2 Page four
3
J~ 'Basement" means any area of the building having its floor subgrade
(below ground level) on all sides.
5
'Breakaway Walls' are any type of walls, whether solid or lattice,
6 and whether constructed of concrete, masonry, wood, metal, plastic or
any other suitable building material which is not part of the
7 structural support of the building and which is designed to break
away under abnormally high tides or wave action without causing any
8 damage to the structural integrity of the building on which they are
used or any buildings to which they might be carried by flood
9 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.
10 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
li) that which would occur during the base flood; and
]3 (b) The elevated portion of the building shall not incur any
structural damage due to the effects of wind and water loads
]i acting simultaneously in' the event of the base flood.
15 'Development" means any man-made change to improved or unimproved
real estate, including but not 1 imi ted to bull dings or other
3G structures, mining, dredging, filling, grading, paving, excavation or
J. drilling operations, and the placement of Manufactured Homes.
' partial or complete inundation of normally dry land area from (1) the
overflow of flood waters, (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
20 as a result of erosion or undermining caused by waves or currents of
water exceeding anticipated cyclical levels of suddenly caused by an
21 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
22 flood or an abnormal tidal surge, or by some similarly unusual and
unforeseeable event which results in flooding as defined in this
23 definition.
24 "Rood Boundafar and Roodwaif MaR" means the official map on which the
Federal' Emergency Manageme~ Agency or Federal Insurance
25 Administration has delineated both the areas of flood hazard and the
fl oodway.
2G
Ordinance No. 1005
2 Page five
3
4 "Rood Insurance Rate Map (FIRN)" means the official map on which the
Federal Emergency Management Agency or Federal Insurance
5 Administration has delineated both the areas of special flood hazards
and the risk premium zones applicable to the community.
6
'Rood Insurance Stud~r' means the official report provided by the
7 Federal Insurance Administration that includes flood profiles, the
FIRM, the Rood Boundary and Floodway Map, and the water surface
8 elevation of the base flood.
9 'Ro0dplain or Rood-Prone Area' means any land area susceptible to
being inundated by water from any source ( see defi ni tion of
10 "flooding" ).
33 "Roodplain Management Re!)ulations' means zoning ordinances,
subdivision regulation, building codes, health regulations, special
12 purpose ordinances (such as floodplain ordinance, grading ordinance
and erosion control ordinance) and other applications of police
33 power. The term describes such state or local regulations in any
combination thereof, which provide standards for the purpose of flood
14 I damage prevention and reduction.
15 "Roodproofing' means 'any combination of structural and nonstructural
addit~ions, changes, or adjustments to structures which reduce or
]G~ eliminate flood damage to real estate or improved real property,
.. water and sanitary facilities~ structures and their contents.
17t
11~ "Floodwa~r' 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 cumul ati vel y i ncreasi ng the water surface
elevation mere than one foot. Also referred to as "Regulatory
fl oo dway".
20
"Highest Adjacent Grade' means the highest natural elevation of the
21 ground surface prior to construction next to the proposed walls of a
structure.
22
"Lowest Root' means the lowest floor of the lowest enclosed area
23 (including basement). An unfinished or flood resistant enclosure,
usable solely for parking of vehicles., building access or storage in
')4= 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
25 render the structure in violation of the ~applicable non-elevation
design requirements of this chapter.
2G
I
Ordi n~nce No. 1005
2 Page six
3
4 "Panufactured Home" means a structure, transportable in one or more
sections, which is built on a permanent chassis and is designed for
5' use with or without a permanent foundation when connected .to the
required utilities. For floodplain management purposes the term
6 "manufactured home" also includes park trailers, travel trailers and
other similar vehi cl.es placed on a site .for greater than 180
7 consecutive days.
8 "Manufac~ed Home Park or Subdivision' means a parcel (or contiguous
J parcels) of land divided into two or more manufactured home lots for
9 sale or rent.
10 "Mean Sea Level" means, for purposes of of the National Flood
Insurance Program, the National Geodetic Vertical Datum (NGVD} of
]l 1929 or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
12
'New Construction' means, for floodplain management purposes,
13 structures for which the "start of construction" commenced on or
after the effective date of a floodplain management regulation
14 adopted by this community.
15 "One Hundred Year Flo~d" or "lO0-Year Rood" means a flood which has
a one percent annual probability or being equalled or exceeded. It
]G is identical to the "bi~se flood", which will be the term used
throughout this chapter.
'Person' means an individual or his agent, firm, partnership,
18 association or corporation, or agent of the aforementioned groups, or
this state or its agencies or political subdivisions.
"Remed~ a Violation" means to bring the structure or other
9.0 development into compliance with State or local floodplain management
regulations, or, if this is not possible, to reduce the impacts of
21 its noncompl lance. Ways that impacts may be reduced include
protecting the structure or other affected development from flood
22 damages, implementing the enforcement provisions of this chapter or
otherwise deterring future similar violations, or reducing Federal
93 financial exposure with regard to the structure or other development.
24 "Rivefine" means relating to, formed by, a resembling a river
{including tributaries), stream, brook, etc.
"Special Rood Hazard Area (SFItA)" means an area having special flood
26 or flood-related erosion hazards, and shown on an FHBM or FIRM as
Zone A, AO, A1-30, AE, A99 or AH.
Ordinance No. 1005
2 Page seven
3
4 "Start of Construction" includes substantial improvement, and means
the date the building permit was issued, provided the actual start of
5 . construction, repair, reconstruction, placement, or other improvement
was within 180 days of the permit date. The actual start means
6 either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation
7 of piles, the construction of columns, or any work beyond the stage
of excavation; or the placement of a manufactured home on a
8 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
]0 the erection of 'temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
1] occupied as dwelling units or not part of the main structure.
12 "Structure' means a walled or roofed building, including a gas or
liquid storage tank, that is principally above ground, as well as a
13 manufactured home.
14 "Substantial Improvement' means any repair, reconstruction, or
improvement of a structure, the cost of which equals or 'exceeds 50
15 percent of the market value of the stucture either:
lGii (1) before the improvement or repair is started; or
171' (2) if the structure has been damnaged, and is being restored,
17/{ 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
20 not that alteration affects the external dimensions of the
structure. The term does not, however, include either:
21
(1) any project for improvement' of. a structure to comply with
22 existing state of local health, sanitary, or safety code
specification which are solely necessary to assure safe
23 living conditions; or
24 (2) any alteration of a structure 1 isted on the National
Register of Historic Places or a State Inventory of Historic
25 P1 aces.
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27
28
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2 Ordinance No. 1005
Page eight
3
4 "Variance' means a grant of relief from the requirements of this
5 chapter which permits construction in a manner that would otherwise
be prohibited by this chapter.
6 "Violation' means the failure of a structure or other development to
7 be fully compliant with the community' s floodplain management
regulations. A structure or other development without the elevation
8 certificate, other certifications, or other evidence of compliance
required in this chapter is presumed to be in violation until such
9 time as that documentation is provided.
10 9802 General Provisions
]] A. APPLICABILITY.
12 This chapter shall apply to all Special Flood Hazards Areas
within the City of Tustin as identified by the Federal Emergency
13 Management Agency or the Federal Insurance Administration in the
report entitled "Rood Insurance Study for City of Tustin, dated
14 April 29, 1987, with an accompanying Rood Insurance Rate Map on
file with the City of Tustin as may be amended from time to
15 time (hereinafte~ referred to as the "FIRM").
]G B. COMPLIANCE.
17 No development shall occur without full compliance with the
terms of this chapter and other appl i cable regul a ti ons.
18 Violations of the provisions of this chapter by failure to
comply with any of its requirements (including violations of
19 . conditions and safeguards establ i shed in connection with
conditions) shall constitute a misdemeanor. Nothing herein
20 shall prevent the City from taking such lawful action as is
necessary to prevent or remedy any violation.
21
C. INTERPRETATION.
22
In the interpretation and application of this chapter, all
23 provisions shall be:
24 (1) Considered as minimum requirements;
25 (2) Deemed neither to limit nor repeal any other powers
granted under state statues.
2G
27'
1
2 Ordinance No. 1005
Page nine
4' D. WARNING AND DISCLAIMER OF LIABILITY.
5 The degree of flood protection required by this chapter is
6 considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. Larger floods can
7 and will occur on rare occasions. Rood heights may be
increased by man-made or natural causes. This chapter does not
8 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
9
City, any officer or employee thereof, or the Federal Insurance
10 Administration, for any flood damages that result from reliance
on this chapter or any adminstrative decision lawfully made
] ] thereunder.
12 9803 Administration
]3 A. A Development Permit shall be obtained before construction or
Development begins within any Special Flood Hazard Area.
14 Application for a Development Permit shall be made on forms
furnished by the Roodplain Administrator and may include,
15 but are not limited to: plans drawn to scale showing the
nature, location, dimensions, and elevation of the area in
]G question; existing .or proposed structures. The location of
, fill, storage of materials or drainage facilities; the following
17t information shall be required:
11~~ 1, Proposed elevation in relation to mean sea level, of the
" lowest floor (including basement) of all structures; in Zone
· i AO or VO of the City's FIRM, elevation of highest adjacent
, grade and proposed el evation of 1 owest floor of al 1
20 structures.
~1 2. Proposed elevation in relation to mean sea level to which
any structure will be floodproofed;
3. All appropriate certifications listed on Section 9804C4of
23 this chapter; and
2i 4. Description of the extent to which any watercourse will be
altered or relocated as a result of proposed development.
25
B. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR.
2G
The Building Official is hereby appointed to administer and
27 implement this chapter by granting or. denying development
permits in accordance with its provisions.
28
Ordinance No. 1005
] Page ten
3 C. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
4 The duties and responsibilities of the Floodplain -Administrator
shall include, but not be limited to:
5
1. Permit review.
6
7 (a) Review all applications for development permits to
determine that the permit requirements of this chapter
8 have been satisfied;
9 (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
10 Act;
11 (c) Determine that the site is reasonably safe from
12 flooding.
13 (d) Determine that the proposed development does not
adversely affect the carrying capacity of the area where
base flood el evations have been determined .but a
II floodway has not been designated. For purposes of this
Ordinance, "adversely affects" means that the cumulative
15 affects of the proposed development when combined with
all other existing and anticipated development will not
]O increase th~ water surface elevation of the base flood
, 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
20 Resources prior to such alteration or relocation of a
watercource, and submit evidence of such notification to
21 the Federal Insurance Adminstration;
22 (b) Require that the flood carrying capacity of the altered
23 or relocated portion of said watercourse is maintained.
3. Obtain and maintain for public inspection and make available
9-4 as needed:
25
(a) The certification required in Section 9804A3(a) (floor
26 el evations);
27 (b) The certification required in Section
9804A3(b) (elevations in areas of shallow flooding);
28
2 Ordinance No. 1005
Page e] even
3
4 (c) The certification required in Section 9804A3(c)
(elevation or floodproofing of nonresidential
5 structures );
6 (d) The certification required in Section 9804A3(d) or
7 9804A3(a) (wet fl oodproofing standard);
8 (el The certified elevation required in Section 9804C2
( subdi vi si on standards ).
9 (f) The certification required in Section 9804E1 (flood
10 encroachments).
11 4. Use of other Base Rood Data. When base flood calculation
, data has not been provided in accordance with Section 9802A,
12~ the Roodplain Administrator shall obtain, review and
reasonably utilize any base flood elevation and floodway
13 data available from a Federal, State or other source, in
order to administer Section 9804. Any such information
14 shall be submitted to the City Council for adoption.
15 5, Make interpretations where needed, as to the exact location
of the boundaries of the areas of flood-related erosi'on
]G 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
, as provided in Section 9406.
, . 6. Take action to remedy violations of this chapter as
. specified in Section 9802B herein.
20 9804 Provisions For Flood Hazard Reduction
2]
A. STANDARDS OF CONSTRUCTION.
22
In all Special Rood Hazard Areas the following standards are
23 required:
24 1. Anchoring
25 (a) All New Construcl:ion and Substantial Improvements shall
be anchored to prevent flotation, collapse or lateral
26 movement of the structure resulting from hydrodynamic
and hydrostiatic 1 oads, including the effects of
27 buoyancy.
28 (b) .A11 Manufactured Homes shal 1 meet the anchoring
standards of Section 9804D.
Ordinance No. 1005
2 Page twelve
3
J~ 2. Construction ,Materials and Methods
5 (a) All New Construction and Substantial Improvements shall
be constructed with materials and utility equipment
6 resistent to flood damage.
7 (b) All New Construction and Substantial Improvements shall
be constructed using methods and practices that minimize
8 flood damage.
9 (c) All New Construction and Substantial Improvements shall
be constructed with electrical, heating. ventilation.
]0 plumbing and air conditioning equipment and other
service facilities that are designed and/or located so
1] as to prevent water from entering or accumulating within
the components during conditions of flooding.
12
13 (d) Require within' Zones AH or AO of the City's' FIRII,
adequate drainage paths around structures on slopes to
guide flood waters around and away from proposed
.14 structures.
15 3. Elevation arid Floodproofing
](l (a) New Construction and Substantial Improvements within
~, Zones A 1-30. AE and AH on the City's FIR~I shall have
, above the base flood el evation. Non-residential
structures shall meet the standards in Section
9804A3(c). Upon the completion of ,the structure the
· . elevation of the lowest floor including basement shall
2{Ji be certified by a registered professional engineer or
· ) surveyor. Such certification shall be provided to the
F1 oodpl ai n Admi n i stra tot.
21
(b) New Construction and Subs~tantial Improvement in Zone AO
22 on the City ' s FI R~4 shal 1 have the 1 owest floor,
including basement. elevated above the highest adjacent
23 grade at least as high as the depth number specified in
feet on the FIRM, or at least two feet if no depth
24 number is specified. Non-residential structures shall
meet the standards in Section 9804A3(d). Upon the
25 completion of the structure the elevation of the lowest
floor including basement shal 1 be certified by a
26 registered professional engineer of surveyor. Such
certification shal 1 be provided to the F1 oodplain
27 Admi n i s tra tot.
]
Ordinance No, 1005
2 Page thirteen
4 (c) New Construction and Substantial Improvements of
non-residential structures in Zones A1-30, AE and AH
5 shall either be elevated in conformance with Section
9804A3 (a) or together with attendant uti 1 i ty and
0 sanitary facil i ties:
7 (i) Shall be designed so that below the base flood
8 1 evel the structure i s watertight with wal 1 s
substantial 1 y i mpermeabl e to the passage of
9 water; and
10 ( i i ) shal 1 have structural components capable of
resisting hydrostatic and hydrodynamic loads and
]1 effects of buoyancy; and
(iii) shall be certified by a registered professional
12 engineer or architect that the design and methods
of construction are in accordance with accepted
13 standards of practice for satisfying this
subsection, Such certifications shall be provided
14 to the Floodplain Administrator,
15 (d) New ConStruction and Substantial Improvements of
! non-residential structures in Zone AO on the City's FIRM
IG)j shall be elevated in compliance with Sections 9804A3(b)
'~ or together with attendant util i ty and san i tory
171' facil aries:
ll?JJ (i) Shall be designed so that below the base flood
1 evel the structure is water-tight with wal 1
· substantially impermeable to the passage of water;
20 ( i i ) shal 1 have structural components capable of
resisting hydrostatic and hydrodynamic loads and
2] effects of buoyancy; and
9.~. (iii) shall be certified by a registered professional
engineer or architect that the design and methods
23 of construction are in accordance with accepted
methods of practice for satisfying this
24 subsection. Such certifications shall be provided
25 by the Floodplain Administrator,
2G (el Require, for all -New Construction. and Substantial
Improvements, that fully enclosed areas below the lowest
27 floor that are subject to flooding shall be designed to
28 automatically equal ize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of
I floodwaters, Designs for meeting this requirement must
~- Ordinance No. ].005
Page fourteen
either be certified by a registered professional
5 engineer or architect or meet or exceed the following
minimum criteria: A minimum of two openings having a
0 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
8 equipped with screens, 1 ouvers, val yes or other
coverings or devices provided that they permit the
9 automatic entry and exit of floodwaters.
10 (e) Manufactured Homes shall also meet the standards in
Section 9804e.
B. STANDARDS FOR UTILITIES.
1. The Building Official for on-site work shall require all new
13 and replacement water supply systems to be designed to
minimize or eliminate the infiltration of flood waters into
11' the system; for on-site work, the Building Official~ shall,
and for off-site work the City Engineer shall, require that
15 new and replacement sanitary sewage systems be designed to
']GJ minimize or eliminate infiltration of flood waters into the
systems and disdharge from systems into flood waters; and
17 2. New, or additions to, on-site waste disposal systems shall
be located to avoid impairment-to them or contamination from
18 them during flooding.
19 C. STANDARDS FOR SUBDIVISIONS.
9.0~ 1. All preliminary subdivision proposals shall identify the
Special Flood Hazard Area and the elevation of the Base
21 F1 ood.
22 2. All final subdivision plans will provide the elevation of
proposed structure(s) and pads._ If the site is filled above
23 the Base Flood, the final pad elevation shall be certified
by a registered professional engineer or surveyor and
2~ provided to the Floodplain Administrator.
25 3. All subdivision proposals shall be consistent with the need
to minimize flood damage.
27! 4. All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical and water systems
8 located and constructed to minimize flood damage.
1
Ordinance No. 1005
Page fifteen
t 5. All subdivisions shall provide adequate drainage to reduce
5 exposure to flood hazards.
D. STANDARDS FOR MANUFACTURED HOMES.
All new and replacement Manufactured Homes and additions to
Manufactured Homes shal 1:
8 1. Be elevated so that the lowest floor is at or above the Base
Flood elevation; and
9
2. Be securly anchored to a permanent foundation system to
30 resist flotation, collapse or lateral movement by providing
over-the-top and frame ties to ground anchors. Specific
11 requirements shall be that:
121 (a) over-the-top ties be provided at each of the four
corners of the mobile home, with two additional ties per
13 side at intermediate locations, with mobile homes less
than 50 feet long requiring one additional tie per side;
(b) frame ties be provided at each corner of the home with
)5 five add)tional ties per side at intermediate points,
with mobile homes less than 50 feet long - requiring
IG[! 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.
20 3. For new Manufactured Homes Parks and manufactured home
subdivisions, for expansions of existing Manufactured Home
!~l Parks and manufactured home subdivisions, and for existing
Manufactured Home Parks and manufactured home subdivisions
22 where the cost of repair, reconstruction or improvement of
[ the streets utilities and pads equals or exceeds 50 percent
23 of replacement value of the streets, utilities and pads
before the repair, reconstruction or improvement has
24 commenced, and for Manufactured Homes not placed in a
Manufactured Home Park or Manufactured Home subdivision, it
25 shall be required that:
9-6 (a). Stands or lots are elevated on compacted fill or that
manufactured homes are on pilings so-that the lowest
9-7 floor of the Manufactured Home will be at or above the
98 base flood level;
Ordinance No. 1005
2 Page sixteen
3
4 (c) in the instance of elevation on pilings, that:
5 - Lots are large enough to satsify Title 25 California
Administrative Code.
6 - Piling foundations are placed in stable soil, and
7 reinforcement is provided for pilings.
8 E. FLOODWAYS.
Since the Floodway is an extremely hazardous area due to the
9 velocity of flood waters which carry debris, potential
projectiles, and erosion potential, the following provisions
10 a ppl y:
11 1. All encroachments, including fill, New Construction,
Substantial Improvements, and other Development shall be
12 prohibited unless certification by a registered professional
engineer or architect is provided demonstrating that
13 encroachments shall not result in any increase in flood
li levels during the occurrence of the base flood discharge.
2. If Section 9804E1 is satisfied, all New Construction and
15
Substantial Improvements shall comply with all other
lO applicable flood hazard reduction provisions of - Section
) 9804.
J 9405 Variance Procedure
]8 A. VARIANCE BOARD
19
1. The City Council of the City of Tustin shall hear and decide
requests for variances from the requirements of this
20 chapter.
!)] 2. In passing upon variance applications, the City Council
9.2 shal 1 consider al 1 technical eval uati ons, al 1 tel evant
factors, standards specified in other sections of this
23 chapter, and:
2t (a) The danger that materials may be swept onto other lands
to the injury of others;
25 (b) the danger to life and property due to flooding or
26 erosion damage;
27! (c) the susceptibility of the proposed facility and its
28 ' contents to flood damage and the effect of such damage
· on the individual owner;
Ordinance No. 1005
2 Page seventeen
3
J~ (d) the importance of the services provided by the proposed
5 facility to the community;
0 (e) the availabl il ity of al ternrive locations for the
proposed use which are not subject to flooding or
7 erosion damage;
8 (f) the compatibility of the proposed use with existing and
anticipated development;
9 (g) the relationship of the proposed use to the
comprehensive plan and floodplain management program for
lO the area;
]1 (h) the safety of access to the property in time of flood
for ordinary and emergency vehicles;
12
13 (i) the expected heights, velocity, duration, rate of rise,
and sediment transport of the flood waters expected at
]4 the site; and,
(j) the cost.s of providing governmental services during and
15 after flood conditions, including maintenance and repair
of public utilities and facilities such as sewer, gas,
]e electrical, 'and water system, and streets and bridges.
ll j) 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,
20 the technical justification required for issuing the
variance increases.
21
4. Upon consideration of the factors of Sections 9805A2 and
22 9805A3 and the purposes of this chapter the City Council may
23 attach such conditions to the granding of variances as it
deems necessary to further the purposes of this chapter.
24 5. The Floodplain Administrator shall maintain the records'of
variances actions and shall report any variances to the
25 Federal Insurance Administration upon request.
26 B. CONDITIONS FOR' VARIANCES
27 1. Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed ill the
Ordinance No. 1005
2 Page eighteen
3
t National Register of Historic Places or the State Inventory
of Historic Places, without regard to the procedures set
5 forth in the remainder of this section.
6 2. Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood
7 discharge would result.
3. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood
9 hazard, to afford relief.
10 4. Variances shall only be issued upon:
)] (a) A showing of good and sufficient cause; and
12 (b) a determination that failure to grant the variance would
13 result in exceptional hardship to the applicant; and,
11 (c) a determination that the granting of a variance will not
result in increased flood heights, additional threats to
15 p.ublic safety, extraordinary public expense, create
nuisances, 'cause fraud on or victimization of, the
)G public, or. conflict with existing local news or
)) c ha pters.
5. Variances may be issued for New Construction and Substantial
1,% Improvements and for other development necessary for the
conduct of a functionally dependent use provided that all
19 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
20 additional threats to public safety.
6. Any applicant to whom a variance is granted shall be given
22 written notice that the structure will be permitted to be
built with a lowest floor elevation below the regulatory
23 flood elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the
2i reduced lowest flood elevation. A copy of the notice shall
be recorded by the Roodplain Administrator in the office of
25 the County Recorder, County of Orange and shall be recorded
in a manner so that it appears in the chain of title of the
9.G affected parcel of land.
27
1
2 Ordinance No. 1005
Page nineteen
3
9406 Appeal Procedure
5
A, APPEAL BOARD
6
1. The Planning Commission shall hear and decide appeals when
7 i t i s alI eged there i s an error i n any requi remen t,
decision, or determination made by the Floodplain
8 Administrator in the enforcement or administration of this
chapter.
9
2. The Floodplain Administrator shall maintain the records of
)0 all appeal actions and shall transmit any findings of the
Board of Appeal in writing to the appellant.
1]
~ Section 3: If any section, sentence, clause, or phrase of this
ordinance is, for any reason, held to be invalid or
12 unconstitutional by a decision of any court of competent
)3 juri sdi ction, such decision shal 1 not affect the
validity of the remaining portions of this ordinance.
14 The Council hereby declares that it would have passed
this ordinance and adopted this chapter and each
15 section,- sentence, clause, or . phrase, thereof,
irrespective of the fact that any one or more sections,
]G subsectionso sentences, clauses or phrases be declared
~ invalid or unconstitutional.
17~
11~1 PASSED AND ADOPTED at a regular meeting of the Tustin City Council
" held on the 4th day of April , 1988.
21 . Ron~l d S'.'/~'oeS't~'ey,
22 Mayor
23
24 "y~A,a-~2~E.
Mary E. nn,
25 City Cl
26
27
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
MARY E. WYNN, 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. 1005 was duly and regularly introduced and read at an adjourned
regular meeting"i)" the City Council held on the 21st day of March, 1988, and was
given its second reading and duly passed and adopted at a regular meeting held on
the 4th day of April, 1988, by the following .vote:
AYES : COUNCILPERSONS: Hoesterey, Kennedy, Edgar, Kelly, Prescott
NOES : COUNCILPERSONS: None
ABSENT: COUNCILPERSONS: None
City of ~uYN~in, Cali~nia
Summary Printed Tustin News:
April 14 and April 21, 1988