HomeMy WebLinkAboutORD 807 (1979) 1 ORDINANCE NO. 807
2 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
ESTABLISHING PROCEDURES FOR REGULATION OF LAND
3 USE AND CONSTRUCTION IN FLOOD PRONE AREAS.
~ The City Council of the City of Tustin, California, does hereby ordain as
5 follows:
6 WHEREAS, the City of Tustin has adopted and is enforcing the current
V Uniform Building Code, and
8 WHEREAS, the Uniform Building Code states that it shall be unlawful for any
9 person, firm or corporation to erect, construct, enlarge, alter, repair, move,
!0 improve, remove, convert, or demolish any building or structure or make any
!! installation, alteration, repair, replacement, or remodel, any building service
12 equipment regulated by this code and technical codes, or cause the same to be done
q. 3 without first obtaining a separate, appropriate permit for each building, structure
3 & o,- bu[Zdinn service equipment from the building official, and
!5 WHEP, EAS, building permit. applicants are required Lo submit plans, engineer-
': r, ,n~, c~lcula=io, s, diagrams and other data in one or more sets with each application
.... ~ ,= ~n ,
qV for a ,,
-, permit and the buiiding official may require plans, computations and
!8 specifications to be prepared and designed by an engineer or architect licensed by
!9 the state ~o practice as such, and
20 WH~,'ZREAS, it is the intent of the Council of the City of Tustin to require the
22_ :ecosnitEon and evaluation of 'Flood hazards in all official actions relating to land
22 use in flood p!ain areas having special flood hazards, and
23 WHEREAS, the Council of the City of Tustin has the iegal authority. to adopt
2L-' land use and control measures to reduce future flood losses pursuant to Chapter 4,
25 Ar~:icle 2~ Title V![ of the Government Code of the State of California, Section
26 6.5850, and
~7 WHEREAS, the City of Tustin is required as a condition of continued
28 eligibility in the National Flood Insurance Program, to adopt flood plain manage-
~9 merit regulations that meet the standards of Section 1910.}(d) of the Program
50 ceg',fiations (2z4CFRIe09) and these standards are minimum requirements and do no~
~:L supersede any local requirements that may be of a more stringent nature.
32' 1
3. NOW, THEREFORE, the City Council of the City of Tustin hereby establishes
2 the following regulations as a supplement to existing Building and Land Use
5 regulations presently in existence within the City of Tustin:
~= 1. Definitions:
5 a. "Area of shallow flooding" means'a designated AO Zone on the
6 Flood [nsuzance Rate Map (FIRM). The base flood depths range
? from one to three feet, a clearly defined channel does not exist,
8 J 'the path of flooding is unpredictable and indeterminate, and
9 velocity flow may be evident.
i0 b- "Area of special flood hazard" means the land in the flood plain
-~- H within a community subject to a one percent or greater chance of
li
~ _o i! c- "Base flood" means the flood having a one percent chance of being
i ZL&- ii equalled or exceeded in any given year-
15 ~{- d. '.[DevelopmenL' means any man-made change to improved or
'~' ii unimproved real estate, including but not limited to build[ngj or
Z? other struct,mes, filling, g~ading, paving or excavation opa~ati0ns
E~ located within the area of special flood hazard.
-- e. "Flood" or "fJooding" means a general and temporary condition of
20 :: pa~tia~ or complete inundation of normally d~y land areas from:
2L (1) The overflow of inland or tida~ waters and/or
~2 (2) The unusual and rapid accumulation or runof/of surface
2~ waters from any source.
2~ f. "Flood Insurance Rate Map" (FIRM) means the official map on
25 which the Federal Insurance Administration has delineated both
26 the areas of special flood hazards and the risk premium zones -
27 applicable ~o the community.
g8
g. "Flood Insurance Study" means the offical report p~ovided by the
~9 Federal Insurance Administration that includes flood profiles, ~he
30 Flood Insurance Rate Map, and the water surface elevation of the
~1 base flood-
.:,,--, ....:, :,::,::'
I h. "Various Technical Codes" means the currently adopted uniform.:-
2 building code, plumbing code, uniform mechanical code and the
5 National Electric Code.
· "" ~ 2. General Provisions:
5 a. The areas of special flood hazard' are identified by the Federal
6 Insurance Administration in a scientific and engineering report
7 entitled "The Flood Insurance Study for the City of Tustin" dated
8 March, 1979, with an accompanying Flood insurance Rate- Map,
9 copies of which are on file and available for inspection and
10 copying in the office of the City Engineer, Tustin City Hail, 300
'l't Centennial Way, Tustin, California, which are hereby adopted by
3_2 reference and declared to be a part of this ordinance.
'_'5 I! 3. Administration
:,
a- Building, Grading, Electrical, Plumbing or HVAC Permits shall be
i5 Obtained before construction or development begins within any
-.- area of special flood hazard estab!ished in Section 2a. Forms of
'!'7 applications for building~ grading, electrice!, plumbing or HVAC
18 permits shall be furnished by the Building Official and may
39
- include, but need not be limited to: plans in duplicate drawn to
20 ]t scale showing the nature, locations, ~lirnen~ions, and elevations of
, the area in question existing or proposed structures~ fill~ storage
22 of materials, drainage facilities; and the location of the fore-
going. The following information shall be required:
. 24 (1) Elevation in relation to mean sea level, of the lowest floor -
25 (including basements) of all structures;
26 (2) Elevation in relation to mean sea level to which any
27 structure has been floodproofed;
28 (3) Certification by a registered professional engineer or archi-
29 tact that the floodproofing methods for any nonresidential
50 structure meet the floodproofing criteria in Section ~e or
~:L Section 4f; and
;52 3
1 (4) Description of the extent to which any watercourse witl be
2 altered or relOcated as a result of proposed development-
5 b. Permit Review
4 (1) All applications for the various technical code permits shall
5 be reviewed to determine that the permit requirements of
6 this ordinance have been satisfied.
~ ? (2) All applications for the various technical code permits shall
8 0e reviewed to determine that all necessary permits have
9 been obtained from those federal, state, or local govern-
~_0 mental agencies from which prior 'approval is required.
! ~_~, (}) All applications for the various technical code permits shall
:! (: ~2 be reviewed to determine if the proposed develop~ent
23 adversely affects the flood carrying capacity of the area of
'_'~ special flood hazard. For purposes of this ordinance,
~ "adversely affects" means that the cumulative effective of ,
16 i~ the proposed development when combined with all other
Z? .! existing and anticipated development will not increase the
Z8 ~1 water surface elevation of the base flood more than one
":~ i foot at an>' point.
ii
20 ~i c. Use of O~her Base Flood Data
!i 'Nhen base flood elevation data has not been provided in accordance
22 ,, with Section 2a, the Building Official shall seek, review, and reasonably
~'5 il utilize any base flood elevation data available from a federal, state or
, 24 ii other source~ in order ~o administer Sections ~e, Residential Constzuc-
25 lion and 4f, Nonresidential Construction.
26 d, information to be Maintained by the Office of the Building
27 Official
28 (1) Records of the actual elevation (in relation to mean sea
29 level) of the lowest habitable floor (including basement) of
[50 all new or substantially improved structures.
52
1 (2) For all new or substantially improved floodproofed struc-
2, tUreS: --,:'
5 (i) records of verifications and records of the actua[
~" ~ elevation (in re]ation to mean sea level}
5 (ii) records of confirmation' that floodproofing is in con-
6 formance v/ith this ordinance and all provisions of the
? UBC. A certificate of occupancy as required in
8 Section .~06, UnifOrm Building Code shall be issued.
9 (:~) All records pertaining to the administration of the pro-
10 .vjsjbns of this ordinance.
~ e. Alteration of Watercourses
l~ ~ (1) The City Engineer shall notify adjacent communities and the
Z3 H Orange County Flood Dis~ric~ prio~ to any alteration or
.t
~elocation of a watercourse, and submit evidence o~ such
notification to the Federa~ Insurance Administration.
-- 16 ~ (2) The BuUding Official (fo~ on-site) or the City Engineer (for
17 ~] off-site) shal[ require that maintenance be provided within
~8 i; the altered or telorated pot[ion of said watercourse so that
3.9 the flood carrying capacity is not diminished.
20 ~. Provisions for Floor Hazard Reduction
2!] a. Anchoring
~2 (1) AU new construction and substantia[ improvements sha[[ be
i
25 ~! anchored to prevent fto~ation, collapse or Iatera] movement
~ ~] of the structure.
~5 (2) All mobile homes shall be anchored to ~esis[
; ~6 co]~apse~ o~ lateral movement by providing over-the-top and
~ 27 frame ties to g~ound anchors- Specific requirements shall
~8 be thab
29 (i) over-the-~op ties be provided at each of t~ four
~0 corners of the mobile home, with two additional ~ies
3! per side at intermediate locations, with mobile homes.
1 less than 50 feet long requiring one additional tie per
~ side;
i 5 (ii) frame ties be provided at each corner of the home
.4= with five additional ties per side at intermediate
5 points, with mobile homes tess than 59 feet long -
6 requiring four additional ties per side;
7 (iii) all commponents of the anchoring system be capable
8 of carrying a force of 4,800 pounds; and
9 (iv) any additions to the mobile home be similarly anchor-
I0 ed.
!! b. Construction Materials and Methods
(
i2" (1) All new construction, and additions, shall be constructed
13 ,, with materials resistant to flood damage-
Z& (2) All new construction, and addiF-ions, shall be constructed
!5 using methods and practices that minirnize flood damage.
r,
c- Utilities
17 il (i) The Building Official for on-site work shall require all new
18 i! and replacement water supply systems to be designed to
.,~ i, minirnize or eli~,-ainate the infiltration of flood waters into -
20 ii tlne system; for on-site work, the Building OfficiaI shall, and
21 i! for off-site work the City Engineer shall, require. that new
I{
22 ii and replacement sanitary sewage systems be designed
23 !i to minimize or eliminate infiltration of flood waters into
2-C'- the systems and discharge from systems into flood waters;
'i 25 an d
~ 26 (2) New, or additions to, on-site waste disposal systems shall be
27 located to avoid impairment to them or contamination from
;88 them during'flooding.
E9 d. Subdivisions Proposals
50
(.1) ' All subdivision proposals shall be consistent with the need to
51 minimize flood damage;
6
i (2) All subdivision proposals shall have public Utiliti~s
2 and facilities such as sewer, gas, electricalp and water
5 systems located and constructed to minimize flood
4= damage;
5 (3) All subdivision proposals shall have adequa, te drainage pro-
6 vided to reduce exposure to flood damage; and
? (4) Base flood elevation data shall be provided for subdivision
8 proposals and other proposed development which contain at
9 least 50 lots or 5 acres (whichever is less).
10 e. Residential Construction (R-Z, R-3 or M Type occupancy)
~' ~ New construction of, and additions to, any residential structure shall
'~ il have the lowest floor of the new construction or addition, including
Z3 ,,{. basement, elevated to or above base flood elevation-
~'~ ]i f. Nonresidentia! Construction
i5 'i New construction, and additions, and changes in use or occupancy~ of
' i6 i any commercial, ind,_m,'-rial or other nonresidential structure shall either
i
.~ i! ha'.ze the lowest floor of the new cons~.ruction o~ addition, o~' the whole -
-~ "i? h
Z8 b,.4!ding for a change in use or type of occuRancy. including basement.
19 elevated to the level of the base 'flood elevation; or, together with
~0 at,tendant on-site utitity and sanitary facilities. shalL:
2! (1) be floodproofed so that all areas beIo%v the base flood level
2.2 are watertight, with wails substantially impermeable to the
25 passage of water;
' 2~ (2) have structural components capable of resisting hyd~'ostatic
~5 and hydrodynamic loads and effects of bouyancy~ and
26 (:~) be certified by a registered professional engineer or archi-
27 tect that the standards of this subsection are satisfied.
· --- 28 Such certifications shall be provided to the Building Official
~9 as set forth in Section a,.
~0 g. Mobile Home
~1 (1) Mobile homes shalI be anchored in accordance with Section
4a(2).
7
(2) For new mobile home parks and mobile home subdivisions,
for expansions of existing mobile home parks and' m~'bile
home subdivisions, and for existing mobile home parks and
mobile home subdivisions where the cost of repair, recon-
struction 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
ti or improvement has commenced, and for mobile homes not
!~ placed in a mobile home park or mobile home subdivision, it
~] shall be required that:
(i) stands or lots are elevated on compacted fill or that
that mobile homes are on pilings so that the lowest
:!
ii floor of the mobile home wilt be at or above the base
~i flood level;
i~! (ii) adequate surface drainage anti access for a hauler are -
!~ provic]ed~ and
~i (iii) in the instance of elevation on pilings, that:
~i -- lots are large enough to satisfy Title 2~ Calif-
~ ornia Administrative Code.
~i -~ piling foundations are placed in stable soil, and
!'
-- reinforcement is provided for pilings
!f
]~ h. Shallow Flooding
]i Areas located within the areas of special flood hazard established in
!! Section 2a are areas designated as "Area of Shallow FlOoding". These
areas have special flood hazards associated with base flood depths Of 1
to ~ feet where a clearly defined channel does not exist and where the
path of flooding is unpredictable and indeterminate in reference to sucL
areas, the following provisions shall apply:
(1) All new construction, and additions to, of residential struc-
tures (R-l, R-3 and M occupancies) the new construction or
addition shall have the lowest floor, including basement,
8
::L elevated above the crown of the nearest street to or abc~ve
2 'the depth number specified on the community's FIRM.
5 (2) All new construction, and additions to, of non-residential
4 structures; the new construction or addition shall:
5 (i) have the lowest floor, including ba~eEnent, elevated
6 above the highest elevation crown of the adjacent
? street between the site lot lines extended to or above
8 the depth number specified on the FIRM,
9 (ii) together with attendant on-site utility and sanitary
!0 -:- facilities be completely floodproofed to or above that
:LZ level so that any space below that level is watertight
12 with walls substantially impermeable to the passage of
!5 water and with structural components having the capa-
ZL: bility of resisting hydrostatic and hydroynamic loads
15 and effects of buoyancy.
16 PASS*-=m~ AND ADOPTED at a regular meeting of the City Council, City of
q? Tustin, California, held on the 6tb day of August , 1979.
MAYOR P~' TEM
Z0
Si !~ ATTEST:
25 CITY CLERK ~f'
2L_' 3GR:se:D:6/ll/79 ~'~
3GR:se:R:6 /12/ 79
25 T/O/Land Use D:15
28
29
50
51
9
STATE OF CALIFORNIA)
COUNTY OF O~GE ) SS
CITY OF TUSTIN )
RUTH C. POE, City Clerk and ex-officio Clerk of the City Council
of the City of Tustin, California, does hereby certify that the
whole number of members of the City Council of the City of Tusti~
is five; that the above and foregoing Ordinance No. 807
was duly and regularly introduced and read at a regular meeting
of-the City Council held on the 16th day of July .,
1979 and was given its second reading and duly passed and adopted
at a regular meeting held on the 6th day of August ,
1979, by the following vote:
AYES: COU~]CILMEN: Saltarelli, SharD,. Kenned_v.
NOES: COUNCIL}~-N: None
ABSENT: COUNCILMEN: Schuster