HomeMy WebLinkAboutOrdinance 1796 (Protection of Flood Hazard Areas)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1796 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL
AMENDING TITLE 18 OF THE SAN RAFAEL MUNICIPAL CODE;
PROTECTION OF FLOOD HAZARD AREAS"
is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 21 st day of January 2003, a
SUMMARY of Ordinance No. 1796 was published as required by City Charter in the MARIN
INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and
adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City
held on the 3rd day of Februarv, 2003, by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller and Vice -Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINING: COUNCILMEMBERS: Cohen and Mayor Boro (due to absence from
Public Hearing held 1/21/03)
WITNESS my hand and the official
seal of the City of San Rafael this
6th day of February, 2003
JE M. LEONCINI, City Clerk
ORDINANCE 1796
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 18 OF THE SAN
RAFAEL MUNICIPAL CODE; PROTECTION OF FLOOD HAZARD AREAS.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
WHEREAS, development in the flood hazard areas of the City of San Rafael is
regulated by Title 18 of the San Rafael Municipal Code; and
WHEREAS, the regulation of development in flood hazard areas is meant to promote
the public health, safety, and general welfare; and
WHEREAS, the Federal Emergency Management Agency has established minimum
standards for development in flood hazard areas; and
WHEREAS, the City's ordinance must comply with the minimum standards required by
FEMA for flood insurance to be available under the National Flood Insurance Program;
and
WHEREAS, FEMA has notified the City that it must update Title 18 of the Municipal
Code to comply with FEMA's model ordinance.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN TO ADOPT
MODIFICATIONS TO THE SAN RAFAEL MUNICIPAL CODE AS FOLLOWS:
DIVISION -L. San Rafael Municipal Code Title 18 - Protection of Flood Hazard Areas is
hereby amended to read as follows:
City Of San Rafael
TITLE 18
PROTECTION OF FLOOD HAZARD AREAS
CHAPTER 18.10
STATUTORY AUTHORIZATION,
FINDINGS OF FACT,
PURPOSE AND METHODS
18.10.010 STATUTORY AUTHORIZATION. The Legislature of the State of California
has in Government Code Sections 65302, 65560, and 65800 conferred upon local
government units authority to adopt regulations designed to promote the public health,
safety, and general welfare of its citizenry. Therefore, the City Council of the City of
San Rafael does hereby adopt the following floodplain management regulations.
18.10.020 FINDINGS OF FACT.
A. The flood hazard areas of the City of San Rafael are subject to periodic
inundation which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the tax base, all of
which adversely affect the public health, safety, and general welfare.
B. These flood losses are caused by uses that are inadequately elevated,
floodproofed, or protected from flood damage. The cumulative effect of
obstructions in areas of special flood hazards which increase flood heights and
velocities also contribute to the flood loss.
18.10.030 STATEMENT OF PURPOSE. It is the purpose of this title to promote the
public health, safety, and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
A. protect human life and health;
B. minimize expenditure of public money for costly flood control projects;
C. minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
D. minimize prolonged business interruptions;
E. minimize damage to public facilities and utilities such as water and gas
mains; electric, telephone and sewer lines; and streets and bridges located in
areas of special flood hazard;
F. help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future blighted
areas caused by flood damage;
G. ensure that potential buyers are notified that property is in an area of special
flood hazard; and
H. ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
18.10.040 METHODS OF REDUCING FLOOD LOSSES. In order to accomplish its
purposes, this title includes methods and provisions to:
A. restrict or prohibit uses which are dangerous to health, safety, and property
due to water or erosion hazards, or which result in damaging increases in
erosion or flood heights or velocities;
B. require that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
C. control the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters;
D. control filling, grading, dredging, and other development which may increase
flood damage; and
E. prevent or regulate the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards in other areas.
CHAPTER 18.20
DEFINITIONS
Unless specifically defined below, words or phrases used in this title shall be interpreted
so as to give them the meaning they have in common usage and to give this title its
most reasonable application.
"Accessory use" means a use which is incidental and subordinate to the principal use
of the parcel of land on which it is located.
"Alluvial fan" means a geomorphologic feature characterized by a cone or fan -shaped
deposit of boulders, gravel, and fine sediments that have been eroded from mountain
slopes, transported by flood flows, and then deposited on the valley floors, and which is
subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement
and deposition, and channel migration.
"Apex" means the point of highest elevation on an alluvial fan, which on undisturbed
fans is generally the point where the major stream that formed the fan emerges from
the mountain front.
"Appeal" means a request for a review of the Floodplain Administrator's interpretation
of any provision of this title.
"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. Such flooding is characterized by
ponding or sheet flow.
"Area of special flood hazard" - See "Special flood hazard area."
"Base flood" means a flood which has a one percent chance of being equaled or
exceeded in any given year (also called the "100 -year flood"). Base flood is the term
used throughout this ordinance.
"Basement" means any area of the building having its floor subgrade - i.e., below
ground level - on all sides.
"Breakaway walls" are any type of walls, whether solid or lattice, and whether
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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 flood waters. A breakaway wall shall have a safe design
loading resistance of not less than ten and no more than twenty pounds per square
foot. Use of breakaway walls must be certified by a registered engineer 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.
"Building" - see "Structure".
"Coastal high hazard area" means an area of special flood hazard extending from
offshore to the inland limit of a primary frontal dune along an open coast and any other
area subject to high velocity wave action from storms or seismic sources. It is an area
subject to high velocity waters, including coastal and tidal inundation or tsunamis. The
area is designated on a Flood Insurance Rate Map (FIRM) as Zone V1 N30, VE, or V.
"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 or storage of equipment or materials.
"Encroachment" means the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a floodplain which may
impede or alter the flow capacity of a floodplain.
"Existing manufactured home park or manufactured housing subdivision" means
a manufactured home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed before the effective date of the
floodplain management regulations adopted by a community.
"Expansion to an existing manufactured home park or manufactured housing
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, the construction of streets, and either final site grading or the
pouring of concrete pads).
"Flood, flooding, or flood water" means:
1. a general and temporary condition of partial or complete inundation of
normally dry land areas from the overflow of inland or tidal waters; the unusual
and rapid accumulation or runoff of surface waters from any source; and/or
mudslides (i.e., mudflows); and
2. the condition resulting from flood -related erosion
"Flood Boundary and Floodway Map (FBFM)" means the official map on which the
Federal Emergency Management Agency or Federal Insurance Administration has
delineated both the areas of special flood hazards and the floodway.
"Flood Hazard Boundary Map" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated
the areas of flood hazards.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated
both the areas of special flood hazards and the risk premium zones applicable to the
community.
"Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate Map, the 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 "Flooding".
"Floodplain Administrator" is the individual appointed to administer and enforce the
floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective
and preventive measures for reducing flood damage and preserving and enhancing,
where possible, natural resources in the floodplain, including but not limited to
emergency preparedness plans, flood control works, floodplain management
regulations, and open space plans.
"Floodplain management regulations" means this title and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances
(such as grading and erosion control) and other application of police power which
control development in flood -prone areas. This term describes federal, state or local
regulations in any combination thereof which provide standards for preventing and
reducing flood loss and damage.
"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 (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for
guidelines on dry and wet floodproofing )
"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".
"Floodway fringe" is that area of the floodplain on either side of the "Regulatory
Floodway" where encroachment may be permitted.
"Fraud and victimization" as related to Chapter 18.60, Variances, of this ordinance,
means that the variance granted must not cause fraud on or victimization of the public.
In examining this requirement, the {community governing body} will consider the fact
that every newly constructed building adds to government responsibilities and remains
a part of the community for fifty to one -hundred years. Buildings that are permitted to
be constructed below the base flood elevation are subject during all those years to
increased risk of damage from floods, while future owners of the property and the
community as a whole are subject to all the costs, inconvenience, danger, and suffering
that those increased flood damages bring. In addition, future owners may purchase the
property, unaware that it is subject to potential flood damage, and can be insured only
at very high flood insurance rates.
"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, and does nat include
long-term storage or related manufacturing facilities.
"Governing body" is the local governing unit, i.e. City Council of the City of San Rafael,
that is empowered to adopt and implement regulations to provide for the public health,
safety and general welfare of its citizenry.
"Hardship" as related to Chapter 18.60, Variances, of this ordinance means the
exceptional hardship that would result from a failure to grant the requested variance.
The City Council requires that the variance be exceptional, unusual, and peculiar to the
property involved. Mere economic or financial hardship alone is nat exceptional.
Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or
the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional
hardship. All of these problems can be resolved through other means without granting
a variance, even if the alternative is more expensive, or requires the property owner to
build elsewhere or put the parcel to a different use than originally intended.
"Highest adjacent grade" means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
"Historic structure" means any structure that is
1. listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on the
National Register;
2. certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
3. individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of
Interior; or
4. individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either by an approved
state program as determined by the Secretary of the Interior or directly by the
Secretary of the Interior in states without approved programs.
"Levee" means a man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control or divert
the flow of water so as to provide protection from temporary flooding.
"Levee system" means a flood protection system which consists of a levee, or levees,
and associated structures, such as closure and drainage devices, which are
constructed and operated in accord with sound engineering practices.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement
(see "Basement" definition).
1. An unfinished or flood resistant enclosure below the lowest floor that is 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 it conforms to
applicable non -elevation design requirements, including, but not limited to:
a. the wet floodproofing standard in Chapter 18.50.010 C.3;
b. the anchoring standards in Chapter 18.50.010 A;
c. the construction materials and methods standards in Chapter
18.50.010 B; and
d. the standards for utilities in Chapter 18.50.020.
2. For residential structures, all subgrade enclosed areas are prohibited as they
are considered to be basements (see "Basement" definition). This prohibition
includes below -grade garages and storage areas.
"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 attached to the required utilities. The term "manufactured home" does
nut include a "recreational vehicle".
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
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"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.
,,Mudslide describes a condition where there is a river, flow or inundation of liquid
mud down a hillside, usually as a result of a dual condition of loss of brush cover and
the subsequent accumulation of water on the ground, preceded by a period of
unusually heavy or sustained rain.
,,Mudslide (i.e., mudflow) prone area,, means an area with land surfaces and slopes of
unconsolidated material where the history, geology, and climate indicate a potential for
mudflow.
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"New construction", for floodplain management purposes, means structures for which
the "start of construction" commenced on or after the effective date of floodplain
management regulations adopted by this community, and includes any subsequent
improvements to such structures.
"New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of floodplain management
regulations adopted by this community.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee,
dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert,
building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in,
along, across or projecting into any watercourse which may alter, impede, retard or
change the direction and/or velocity of the flow of water, or due to its location, its
propensity to snare or collect debris carried by the flow of water, or its likelihood of
being carried downstream.
"One -hundred -year flood" or "100 -year flood" - see 'Base flood."
"Primary frontal dune" means a continuous or nearly continuous mound or ridge of
sand with relatively steep seaward and landward slopes immediately landward and
adjacent to the beach and subject to erosion and overtopping from high tides and
waves during major coastal storms. The inland limit of the primary frontal dune occurs
at the point where there is a distinct change from a relatively mild slope.
"Public safety and nuisance" as related to Chapter 18.60, Variances, of this title
means that the granting of a variance must not result in anything which is injurious to
safety or health of an entire community or neighborhood, or any considerable number
of persons, or unlawfully obstructs the free passage or use, in the customary manner,
of any navigable lake, or river, bay, stream, canal, or basin.
"Recreational vehicle" means a vehicle which is
1. built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. designed to be self-propelled or permanently towable by a light-duty truck;
and
4. designed primarily not for use as a permanent dwelling but as temporary
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living quarters for recreational, camping, travel, or seasonal use.
"Regulatory 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.
"Remedy a violation" means to bring the structure or other development into
compliance with State or local floodplain management regulations, or, if this is not
possible, to reduce the impacts of its noncompliance. Ways that impacts may be
reduced include protecting the structure or other affected development from flood
damages, implementing the enforcement provisions of this title or otherwise deterring
future similar violations, or reducing State or Federal financial exposure with regard to
the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
"Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
"Sheet flow area" - see "Area of shallow flooding".
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a 1
percent or greater chance of flooding in any given year. It is shown on an FHBM or
FIRM as Zone A, AO, Al -A30, AE, A99, AH, V1 -V30, VE or V.
"Start of construction" includes substantial improvement and other proposed new
development and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within 180 days from the date of the permit. 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
part of the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other structural part
of a building, whether or not that alteration affects the external dimensions of the
building.
"Structure" means a walled and roofed building that is principally above ground; this
includes a gas or liquid storage tank or a manufactured home.
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"Substantial damage" means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other
proposed new development of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure before the "start of construction" of the
improvement. This term includes structures which have incurred "substantial damage",
regardless of the actual repair work performed. The term does not, however, include
either
1. any project for improvement of a structure to correct existing violations or
state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions; or
2. any alteration of a "historic structure", provided that the alteration will not
preclude the structure's continued designation as a "historic structure".
"V zone" - see "Coastal high hazard area".
"Variance" means a grant of relief from the requirements of this title which permits
construction in a manner that would otherwise be prohibited by this title.
"Violation" means the failure of a structure or other development to be fully compliant
with this title. A structure or other development without the elevation certificate, other
certifications, or other evidence of compliance required in this title is presumed to be in
violation until such time as that documentation is provided.
"Water surface elevation" means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other
topographic feature on or over which waters flow at least periodically. Watercourse
includes specifically designated areas in which substantial flood damage may occur.
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CHAPTER 18.30
GENERAL PROVISIONS
18.30.010 LANDS TO WHICH THIS TITLE APPLIES. This title shall apply to all areas
of special flood hazards within the jurisdiction of the city.
18.30.020 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The areas of special flood hazard identified by the Federal Insurance Administration
(FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance
StudyfTSI dated June 28, 1983 and accompanying Flood Insurance Rate Maps
(FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated May 1,1984, and all
subsequent amendments and/or revisions, are hereby adopted by reference and
declared to be a part of this title. This FLS. and attendant mapping is the minimum area
of applicability of this title and may be supplemented by studies for other areas which
allow implementation of this title and which are recommended to the City by the
Floodplain Administrator. The study, FIRMs and FBFMs are on file at 1400 Fifth
Avenue, City Hall, Department of Public Works.
18.30.030 COMPLIANCE. No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the term of this title and
other applicable regulations. Violation of the requirements (including violations of
conditions and safeguards established in connection with conditions) shall constitute a
misdemeanor. Nothing herein shall prevent the city from taking such lawful action as is
necessary to prevent or remedy any violation.
18.30.040 ABROGATION AND GREATER RESTRICTIONS. This ordinance is not
intended to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this title and another ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
18.30.050 INTERPRETATION. In the interpretation and application of this title, all
provisions shall be
A. considered as minimum requirements;
B. liberally construed in favor of the governing body; and
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C. deemed neither to limit nor repeal any other powers granted under state
statutes.
18.30.060 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood
protection required by this title is considered reasonable for regulatory purposes and is
based on scientific and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by man-made or natural causes. This
title does not imply that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or flood damages. This title shall
not create liability on the part of city, any officer or employee thereof, the State of
California, or the Federal Insurance Administration, Federal Emergency Management
Agency, for any flood damages that result from reliance on this title or any
administrative decision lawfully made hereunder.
18.30.070 SEVERABILITY. This title and the various parts thereof are hereby
declared to be severable. Should any section of this title be declared by the courts to
be unconstitutional or invalid, such decision shall not affect the validity of the title as a
whole, or any portion thereof other than the section so declared to be unconstitutional
or invalid.
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CHAPTER 18.40
ADMINISTRATION
18.40.010 ESTABLISHMENT OF DEVELOPMENT PERMIT. A development permit
shall be obtained before any construction or other development begins within any area
of special flood hazard established in Section 18.30.020. Application for a development
permit shall be made on forms furnished by the Floodplain Administrator and may
include, but not be limited to: plans in duplicate drawn to scale showing the nature,
location, dimensions, and elevation of the area in question; existing or proposed
structures, fill, storage of materials, drainage facilities; and the location of the foregoing.
Specifically, the following information is required:
• • • . • , - • • . . • i 1 • • 0=9 - . • , •
• • . • - • . • . • . •
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.Q. proposed elevation in relation to mean sea level to which any nonresidential
structure will be floodproofed, as, required in Section 18.50.010 C.2 of this title
and FEMA Technical Bulletin TB3_93; and
D, all appropriate certifications listed in Section 18.40.030 D of this ordinance;
and
E, description of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
18.40.020 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR. The Director
of Public Works, is hereby appointed to administer, implement, and enforce this
ordinance by granting or denying development permits in accord with its provisions.
18.40.030 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN
ADMINISTRATOR. The duties and responsibilities of the Floodplain Administrator shall
include, but not be limited to the following.
A. Permit Review. Review all development permits to determine that
1. permit requirements of this title have been satisfied,
2. all other required state and federal permits have been obtained,
3. the site is reasonably safe from flooding, and
4. the proposed development does not adversely affect the carrying
capacity of areas where base flood elevations have been determined but
a floodway has not been designated. For purposes of this title, "adversely
affects" means that the cumulative effect of the proposed development
when combined with all other existing and anticipated development will
increase the water surface elevation of the base flood more than one foot
at any point.
1. When base flood elevation data has not been provided in accordance
with Section 18.30.020, the Floodplain Administrator shall obtain, review,
and reasonably utilize any base flood elevation and floodway data
available from a federal or state agency, or other source, in order to
administer Chapter 18.50. Any such information shall be submitted to the
city for adoption; nr
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1 • 1 1 11 • • • 1 • 1 ■ ■ 11
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• • • • - • 1 in 10 07-1
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C. Notification of Other Agencies. In alteration or relocation of a watercourse:
1. notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation;
2. submit evidence of such notification to the Federal Insurance
Administration, Federal Emergency Management Agency; and
3. assure that the flood carrying capacity within the altered or relocated
portion of said watercourse is maintained.
D. Documentation of Floodplain Development. Obtain and maintain for public
inspection and make available as needed the following:
1. certification required by Section 18.50.010 C.1 and 18.50.040 (lowest
floor elevations),
2. certification required by Section 18.50.010 C.2 (elevation or
floodproofing of nonresidential structures),
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3. certification required by Sections 18.50.010 C.3 (wet floodproofing
standard),
4. certification of elevation required by Section 18.50.030 B (subdivision
standards),
5. certification required by Section 18.50.060 A (floodway
encroachments),
6. information required by Section 18.50.070 F (coastal construction
standards), and
E. Map Determinations. Make interpretations where needed, as to the exact
location of the boundaries of the areas of special flood hazard. Where there
appears to be a conflict between a mapped boundary and actual field conditions+
grade and bas flood Iva ions shall bp- as -d to d _t _rmin _ the bound _s
of the special flood hazard area. The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the interpretation as
provided in Chapter 18.60.
F. Remedial Action. Take action to remedy violations of this ordinance as
specified in Section 18.30.030.
18.40.040 APPEALS. The City Council of the City of San Rafael shall hear and decide
appeals when it is alleged there is an error in any requirement, decision, or
determination made by the Floodplain Administrator in the enforcement or
administration of this title.
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CHAPTER 18.50
PROVISIONS FOR FLOOD HAZARD REDUCTION
18.50.010 STANDARDS OF CONSTRUCTION. In all areas of special flood hazards
the following standards are required:
1. All new construction and substantial improvements shall be adequately
anchored to prevent flotation, collapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy.
2. All manufactured homes shall meet the anchoring standards of Section
18.50.040.
B. Construction materials and methods. All new construction and substantial
improvement shall be constructed
1. with flood resistant materials as specified in FEMA Technical
Bulletin TB 2-93_ and utility equipment resistant to flood damage;
2. using methods and practices that minimize flood damage;
3. with electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located so
as to prevent water from entering or accumulating within the components
during conditions of flooding; and if
4. within Zones AH or AO, so that there are adequate drainage paths
around structures on slopes to guide flood waters around and away from
proposed structures.
C. Elevation and floodproofina (See Chapter 18.20 definitions for "basement,"
"lowest floor," "new construction," "substantial damage" and "substantial
improvement".)
I. Residential construction, new or substantial improvement, shall have
the lowest floor, including basement,
a. in an AO zone, elevated above the highest adjacent grade to a
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height equal to or exceeding the depth number specified in feet on
the FIRM plus predicted 30 years settlement, or elevated at least
two feet above the highest adjacent grade if no depth number is
specified.
b. in an A zone, elevated to or above the base flood elevation plus
predicted 30 years settlement; said base flood elevation shall be
determined by one of the methods in Section 18.40.030 R of
this ordinance.
c. in all other Zones, elevated to or above the base flood elevation
plus predicted 30 years settlement.
Upon the completion of the structure, the elevation of the lowest floor
including basement shall be certified by a registered professional engineer
or surveyor, and verified by the community building inspector to be
properly elevated. Such certification and verification shall be provided to
the Floodplain Administrator.
2. Nonresidential construction, new or substantial improvement, shall
either be elevated to conform with Section 18.50.010 C.1 or together with
attendant utility and sanitary facilities
a. be floodproofed below the elevation recommended under
Section 18.50.010 C.1 so that the structure is watertight with walls
substantially impermeable to the passage of water;
b. have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
c. be certified by a registered professional engineer or architect
that the standards of this section (18.50.010 C.2) are satisfied.
Such certification shall be provided to the Floodplain Administrator.
3. All new construction and substantial improvement with fully enclosed
areas below the lowest floor (excluding basements) that are usable solely
for parking of vehicles, building access or storage, and which are subject
to flooding, shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwater.
Designs for meeting this requirement shall follow the guidelines in
FEMA Technical Bulletins TR 1-93 and TR 7-93, and must exceed the
following minimum criteria:
a. have a minimum of two openings having a total net area of not
less than one square inch for every square foot of enclosed area
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subject to flooding. 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 floodwater; or
b. be certified by a registered professional engineer or architect.
4. Manufactured homes shall also meet the standards in Section
18.50.040.
18.50.020 STANDARDS FOR UTILITIES.
A. All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate:
1. infiltration of flood waters into the systems, and
2. discharge from the systems into flood waters.
B. On-site waste disposal systems shall be located to avoid impairment to them,
or contamination from them during flooding.
18.50.030 STANDARDS FOR SUBDIVISIONS.
A. All preliminary subdivision proposals shall identify the s en cial flood hazard
area and the elevation of the base flood.
B. All subdivision plans will provide the elevation of proposed structure(s) and
pad(s). If the site is filled above the base flood elevation, the lowest floor and
pad elevations shall be certified by a registered professional engineer or
surveyor and provided to the Floodplain Administrator.
C. All subdivision proposals shall be consistent with the need to minimize flood
damage.
D. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to minimize
flood damage.
E. All subdivisions shall provide adequate drainage to reduce exposure to flood
hazards.
18.50.040 STANDARDS FOR MANUFACTURED HOMES.
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A. All manufactured homes that are placed or substantially improved, within
Zones Al -30, AH, and AE on the community's Flood Insurance Rate Map, on
sites located
1. outside of a manufactured home park or subdivision,
2. in a new manufactured home park or subdivision,
3. in an expansion to an existing manufactured home park or subdivision,
or
4. in an existing manufactured home park or subdivision on a site upon
which a manufactured home has incurred "substantial damage" as the
result of a flood,
shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated to or above the base flood elevation and be
securely fastened to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
B. All manufactured homes that are placed or substantially improved on sites
located within Zones V1-30, V, and VE on the community's Flood Insurance Rate
Map will meet the requirements of Section 18.50.040 A and Section 18.50.070.
C. All manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within Zones Al -30, AH, AE,
V1-30, V, and VE on the community's Flood Insurance Rate Map that are not
subject to the provisions of Section 18.50.040 A will be securely fastened to an
adequately anchored foundation system to resist flotation, collapse, and lateral
movement, and be elevated so that either the
1. lowest floor of the manufactured home is at or above the base flood
elevation or
2. manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than
36 inches in height above grade.
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18.50.050 STANDARDS FOR RECREATIONAL VEHICLES.
A. All recreational vehicles placed on sites within Zones Al -30, AH, and AE on
the community's Flood Insurance Rate Map will either:
1. be on the site for fewer than 180 consecutive days, and be fully
licensed and ready for highway use — a recreational vehicle is ready for
highway use if it is on its wheels or jacking system, is attached to the site
only by quick disconnect type utilities and security devices, and has no
permanently attached additions, or
2. meet the permit requirements of Section 4 of this ordinance and the
elevation and anchoring requirements for manufactured homes in Section
18.50.040 A.
B. Recreation vehicles placed on sites within Zones V1-30, V, and VE on the
community's Flood Insurance Rate Map will meet the requirements of Section
18.50.050 A and Section 18.50.070.
18.50.060 FLOODWAYS. Located within areas of special flood hazard established in
Section 18.30.020 are areas designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of flood waters, which carry debris,
potential projectiles, and erosion potential, the following provisions apply:
A. Prohibit encroachments, including fill, new construction, substantial
improvement, and other new development unless certification by a registered
professional engineer is provided demonstrating that encroachments shall not
result in any increase in [the base] flood elevation during the occurrence of the
base flood discharge.
B. If Section 18.50.060 A is satisfied, all new construction, substantial
improvement, and other proposed new development shall comply with all other
applicable flood hazard reduction provisions of Chapter 18.50.
18.50.070 COASTAL HIGH HAZARD AREAS. Within coastal high hazard areas as
established under Section 18.30.020, the following standards shall apply:
A. All new construction and substantial improvement shall be elevated on
adequately anchored pilings or columns and securely anchored to such pilings or
columns so that the lowest horizontal portion of the structural members of the
lowest floor (excluding the pilings or columns) is elevated to or above the base
flood level. The pile or column foundation and structure attached thereto is
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anchored to resist flotation, collapse, and lateral movement due to the effects of
wind and water loads acting simultaneously on all building components. Water
loading values used shall be those associated with the base flood. Wind loading
values used shall be those required by applicable state or local building
standards.
B. All new construction and other development shall be located on the landward
side of the reach of mean high tide.
C. All new construction and substantial improvement shall have the space below
the lowest floor free of obstructions or constructed with breakaway walls as
defined in Chapter 18.20 of this ordinance. Such enclosed space shall not be
used for human habitation and will be usable solely for parking of vehicles,
building access or storage.
D. Fill shall not be used for structural support of buildings.
E. Man-made alteration of sand dunes which would increase potential flood
damage is prohibited.
F. The Floodplain Administrator shall obtain and maintain the following records:
1. certification by a registered engineer or architect that a proposed
structure complies with Section 18.50.070 A; and
2. the elevation (in relation to mean sea level) of the bottom of the lowest
structural member of the lowest floor (excluding pilings or columns) of all
new and substantially improved structures, and whether such structures
contain a basement.
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CHAPTER 18.60
VARIANCE PROCEDURE
18.60.010 NATURE OF VARIANCES. The variance criteria set forth in this section of
the title are based on the general principle of zoning law that variances pertain to a
piece of property and are not personal in nature. A variance may be granted for a
parcel of property with physical characteristics so unusual that complying with the
requirements of this title would create an exceptional hardship to the applicant or the
surrounding property owners. The characteristics must be unique to the property and
not be shared by adjacent parcels. The unique characteristic must pertain to the land
itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the City Council to help protect its citizens from flooding. This need is
so compelling and the implications of the cost of insuring a structure built below flood
level are so serious that variances from the flood elevation or from other requirements
in the flood ordinance are quite rare. The long term goal of preventing and reducing
flood loss and damage can only be met if variances are strictly limited. Therefore, the
variance guidelines provided in this title are more detailed and contain multiple
provisions that must be met before a variance can be properly granted. The criteria are
designed to screen out those situations in which alternatives other than a variance are
more appropriate.
18.60.020 APPEAL BOARD.
A. In passing upon requests for variances, the City Council shall consider all
technical evaluations, all relevant factors, standards specified in other sections of
this title, and the
1. danger that materials may be swept onto other lands to the injury of
others;
2. danger of life and property due to flooding or erosion damage;
3. susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the existing individual owner and future
owners of the property;
4. importance of the services provided by the proposed facility to the
community;
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5. necessity to the facility of a waterfront location, where applicable;
6. availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
7. compatibility of the proposed use with existing and anticipated
development;
8. relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
9. safety of access to the property in time of flood for ordinary and
emergency vehicles;
10. expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site; and
11. costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water system, and streets and
bridges.
B. Any applicant to whom a variance is granted shall be given written notice over
the signature of a community official that
1. the issuance of a variance to construct a structure below the base
flood level will result in increased premium rates for flood insurance up to
amounts as high as $25 for $100 of insurance coverage, and
2. such construction below the base flood level increases risks to life and
property. It is recommended that a copy of the notice shall be recorded
by the Floodplain Administrator in the Office of the County of Marin
Recorder and shall be recorded in a manner so that it appears in the
chain of title of the affected parcel of land.
C. The Floodplain Administrator will maintain a record of all variance actions,
including justification for their issuance, and report such variances issued in its
biennial report submitted to the Federal Insurance Administration, Federal
Emergency Management Agency.
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18.60.030 CONDITIONS FOR VARIANCES.
A. Generally, variances may be issued for new construction, substantial
improvement, and other proposed new development to be erected on a lot of
one-half acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing that the procedures
of Chapters 18.40 & 18.50 of this ordinance have been fully considered. As the
lot size increases beyond one-half acre, the technical justification required for
issuing the variance increases.
B. Variances may be issued for the repair or rehabilitation of "historic structures"
(as defined in Chapter 18.20 of this ordinance) upon a determination that the
proposed repair or rehabilitation will not preclude the structure's continued
designation as an historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
C. Variances shall not be issued within any mapped regulatory floodway if any
increase in flood levels during the base flood discharge would result.
D. Variances shall only be issued upon a determination that the variance is the
"minimum necessary" considering the flood hazard, to afford relief. "Minimum
necessary" means to afford relief with a minimum of deviation from the
requirements of this ordinance. For example, in the case of variances to an
elevation requirement, this means the City Council need not grant permission for
the applicant to build at grade, or even to whatever elevation the applicant
proposes, but only to that elevation which the City Council believes will both
provide relief and preserve the integrity of the local ordinance.
E. Variances shall only be issued upon a
1. showing of good and sufficient cause;
2. determination that failure to grant the variance would result in
exceptional "hardship" (as defined in Chapter 18.20 of this ordinance) to
the applicant; and
3. determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, or extraordinary public
expense, create a nuisance (as defined in Chapter 18.20 - see "Public
safety or nuisance"), cause fraud or victimization (as defined in Chapter
18.20 ) of the public, or conflict with existing local laws or ordinances.
F. Variances may be issued for new construction, substantial improvement, and
other proposed new development necessary for the conduct of a functionally
dependent use provided that the provisions of sections 18.60.030 A through
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18.60.030 E are satisfied and that the structure or other development is
protected by methods that minimize flood damages during the base flood and
does not result in additional threats to public safety and does not create a public
nuisance.
G. Upon consideration of the factors of Section 18.60.020 A and the purposes
of this ordinance, the City Council may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this ordinance.
If any section, subsection, sentence, clause or phrase of this Ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance. The Council hereby declares that it would
have adopted the Ordinance and each section, subsection, sentence, clause or
phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
A summary of this Ordinance shall be published and a certified copy of the full
text of this Ordinance shall be posted in the office of the City Clerk at least five
(5) days prior to the Council meeting at which it is adopted.
The Ordinance shall be in full force and effect thirty (30) days after its final
passage, and the summary of this Ordinance shall be published within fifteen
(15) days after the adoption, together with the names of the Councilmembers
voting for or against same, in the Marin Independent Journal, a newspaper of
general circulation published in the City of San Rafael, County of Marin, State of
California.
Within fifteen (15) days after the adoption, the City Clerk shall also post in the
office of the City Clerk, a certified copy of the full text of this Ordinance along
with the names of those Councilmembers voting for or against the Ordinance.
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GARY 91 PHILLIPS, Vice -Mayor
ATTEST:
v
JEANNE M. LEONCINI, City Clerk
The foregoing Ordinance 17,0 was read and introduced at a Regular Meeting of
the City Council of the City of San Rafael, California, held on the 21 st day of
January, 2003 and ordered passed to print by the following vote, to wit:
AYES: Councilmembers: Heller, Miller and Vice -Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: Cohen and Mayor Boro
And will come up for adoption as an Ordinance of the City of San Rafael at a
Regular Meeting of the Council to be held on the 3rd day of February, 2003.
pp
U
JEANNE M. LEONCINI, City Clerk
29