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HomeMy WebLinkAboutCC ORD 1988-1935 Amends §§ 18.24.040, 18.24.050, 18.24.070, 18.24.090, 18.24.110, 18.24.120, 18.24.130, 18.24.150, 18.24.190 and 18.24.200, zoning (Repealed by 2107)ORDINANCE NO. 15a.‘ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 (ZONING) OF THE MUNICIPAL CODE TO COMPLY WITH NEW REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE PROGRAM. BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Section 18.24.040 of the Municipal Code is amended to read as follows: 18.24.040 DEFINITIONS Unless specifically defined below, or in Chapter 18.04, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "Appeal" means a request for a review of the City Engineer's interpretation of any provision of this chapter. "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. "Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. "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. "Exception" 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. "Existing manufactured home park or manufactured home subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot on which the manufactured home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of the ordinance codified in this chapter. "Expansion to an existing manufactured home park or manufactured home subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, and either final site grading or pouring of concrete pads, or the construction of streets). "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters; and/or 2. The unusual and rapid accumulation or runoff of surface waters from any source. 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 or suddenly caused by an unusually high water level in a force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in the definition. "Flood Boundary and Floodway Map" means the official map on which the Federal anergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. "Flood Insurance Rate Map" (FIRM) means the official map on which the Federal Emergency Management Agency or the 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- Floodway Map, and the water surface elevation of the base flood. "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source (see definition of "flooding"). "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory floodway." "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. "Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor." "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this ordinance. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. "Manufactured home park or suhaivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "New construction" means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter. "New manufactured home park or manufactured home subdivision" means a parcel (or continguous parcels) of land divided into two or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of the ordinance codified in this chapter. "One hundred year flood" or "100-year flood" means a flood which has a one percent annual probability of being equalled or exceeded. It is identical to the "base flood", which will be the term used throughout the ordinance codified in this chapter. "Riverine means relating to, formed by, or resembling 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 FIRM as Zone A, AO, Al through A30, AE, A99, AH, VO, Vi through V30, VE or V. "Start improvement, of construction" includes and issued, provided substantial means the date the building permit was 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 installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the 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 as part of the main structure. For manufactured homes within manufactured home parks or manufactured home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the manufactured home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. "Structure" means a walled and 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 structure either: 1. Before the improvement 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 or local health, sanitary, or safety code specifications 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. "Violation" means the failure of a structure or other Section 2. 18.24.050 Section 3. 18.24.070 development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. That Section 18.24.050 of the Municipal Code is amended to read as follows: Lands to which this chapter applies This chapter shall apply to all areas of special flood hazards within National City as shown on the zoning map as floodway (-FW), floodway fringe (-FF-1), and floodway fringe - shallow flooding (-FF-2), combining zones. These zones conform with the areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of National City", dated August, 1978, with accompanying Flood Boundary and Floodway Map revised February 1, 1983 and Flood Insurance Rate Map revised December 18, 1984 which are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file in the office of the City Clerk, 1243 National City Boulevard, National City, California. That Section 18.24.070 of the Municipal Code is amended to read as follows: Floodway fringe combining zone ( FF-1) established There is established, as a combining zone to be attached to existing zones, a designated floodway fringe zone. The FF-1 zone shall be applied to those areas of special flood hazard designated as floodway fringe on the "flood boundary and floodway map" of the Flood Insurance Study and designated as AE, Al through A30, or A99 on the "Flood Insurance Rate Map (FIRM). Section 4. That subsection B(3) and B(4) are added to subsection B of Section 18.24.090 of the Municipal code to read as follows: 3. For all new construction and substantial improvements, 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 either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. Either 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 with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or b. Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration. 4. Manufactured hcmes shall also meet the standards in Section 18.24.090, subsection B(3). Section 5. That subsection D(4) of Subsection D of Section 18.24.090 is amended to read as follows: 4. All preliminary subdivision plans shall identify the flood hazard area and the elevation of the base flood; Section 6. That subsection D(5) is added to Subsection D of Section 18.24.090 of the Municipal Code to read as follows: 5. 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. Section 7. That subsection C of Section 18.24.110 of the Municipal Code is amended to read as follows: C. MANUFACTURED HOMES 1. Manufactured homes shall be anchored in accordance with Section 18.24.090, subsection A. 2. For new manufactured home parks and manufactured home subdivisions; for expansions to existing manufactured home parks and manufactured home subdivisions; for existing manufactured home parks and manufactured home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for manufactured homes not placed in a manufactured home park or manufactured have subdivision require that: a. Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the manufactured home will be at or above the base flood level; b. Adequate surface drainage and access for a hauler are provided; and, c. In the instance of elevation on pilings, that: i. Lots are large enough to permit steps, ii. Piling foundations are placed in stable soil no more than ten feet apart, and iii. Reinforcement is provided for pilings more than six feet above the ground level. 3. No manufactured home shall be placed in a floodway, except in an existing manufactured home park or existing manufactured home subdivision. 4. All new and replacement manufactured homes and additions to manufactured homes shall be elevated so that the lowest floor is at or above the base flood elevation. Section 8. That Subsection A of section 18.24.120 of the Municipal Code is amended to read as follows: A. New construction and substantial improvement of any residential structure shall: 1. 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. 2. Have adequate drainage paths around all new structures on slopes to guide flood waters around and away from proposed structures. Section 9. That Subsection B(4) is added to Subsection B of Section 18.24.120 to read as follows: 4. Have adequate drainage paths around all new structures on slopes to guide flood waters around and away from proposed structures. Section 10. That Subsection D of Section 18.24.130 of the Municipal Code is renumbered to Subsection C(8) of Section 18.24.130 of the Municipal Code. Section 11. That Subsection A(4) is added to Section 18.24.150 of the Municipal Code to read as follows: 4. Review all development permits to determine that the site is reasonably safe from flooding. Section 12. That Subsection E of Section 18.24.190 of the Municipal Code is retitled as follows: E. Conditions for Exceptions Section 13. That Subsection B of Section 18.24.200 of the Municipal Code is amended to read as follows: B. A nonrefundable fee of twenty-five dollars shall be paid to the City Treasurer at the time of filing an appeal pursuant to Section 18.24.180. Section 14. That the City Council has considered proposed Negative Declaration No. IS-87-50 together with any comments received during the public review process, approves the Negative Declaration, and finds on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. PASSED AND ADOPTED this day of 198 r . igt-41‘4VfJ(4,111,:eZ George H. aters, Mayor R.11.12.,ST : I ne Campbell, City Clerk APPROVED AS TO FORM: George H. vEiser, III -City Attorney Passed and adopted by the Council of the City of National City, California, on 1-5-88 by the following vote, to -wit: Ayes: Councilmen Nays: Councilmen Absent: Councilmen Abstain: Councilmen Cooper, Dalla, Pruitt, anDeventer, Waters None None AUTHENTICATED BY: None GEORGE H. WATERS By: Mayor of the City of National City, California City Cl9rk of the City of National Ci y California Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on 12-15-87 and on Z-5-88 I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO. 1935 of the City of National City, passed and adopted by the Council of said City on 1-5-88 (Seal) City Clerk of the City of National City, California By: Deputy