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HomeMy WebLinkAboutOrdinance 1482 (Flood Damage Prevention)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. 1482 entitled: AN ORDINANCE OF THE CITY COUNCIL'OF THE CITY OF SAN RAFAEL AMENDING TITLE 18 OF THE SAN RAFAEL MUNICIPAL CODE REGARDING FLOOD DAMAGE PREVENTION is a true and correct copy of an ordinance of said City and was introduced at a RR.GTTLAR. meeting of the City Council of the City of San Rafael, held on the second day of April , 19 84 published as required by City Charter in the 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 sixteenth day of April , 1954, by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 7 WITNESS my hand and the official seal of the City of San Rafael this twenty-third day of • April , 1984. JEA N, 1. LEONCINI , -City Clerk ORDINANCE NO. 1482 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 18 OF THE SAN RAFAEL MUNICIPAL CODE REGARDING FLOOD DAMAGE PREVENTION THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. Title 18 of the San Rafael Municipal Code regarding protection of flood hazard areas is hereby amended in its entirety. DIVISION 2. Title 18 of the San Rafael Municipal Code shall read as follows: CHAPTERS: 18.10 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSES AND OBJECTIVES. 18.20 DEFINITIONS. 18.30 GENERAL PROVISIONS. 18.40 ADMINISTRATION. 18.50 PROVISIONS FOR FLOOD HAZARD REDUCTION 18.60 VARIANCE PROCEDURES. 18.70 LETTER OF MAP AMENDMENT CHAPTER 18.10 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSES AND OBJECTIVES SECTIONS: 18.10.010 Statutory Authorization. 18.10.020 Findings of Fact. 18.10.0 30 Statement of Purpose. 18.10.040 Methods of Reducing Flood Losses. 18.10.010 STATUTORY AUTHORIZATION. The Constitution of the State of California has in Article II, Section 7 delegated the responsibility to local governmental units 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, California, does ordain as follows: 18.10.020 FINDINGS OF FACT. (1) The flood hazard areas of the City of San Rafael are subject to periodic inundation which may result 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. (2) These flood losses are caused by the cumulative effect of 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 flood - proofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 18.10.03D 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: N � I T --.F y 1 � q ',l ORDINANCE NO. (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood con- trol projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the develop- ment and redevelopment of areas of special flood hazard so as to minimize future blight areas; (7) To insure that potential buyers are notified that property is in an area of special flood hazard; and, (8) To insure 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 for: (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accom- modate or channel flood waters; (4) Controlling, filling, grading, dredging, and other development which may increase flood damage; and, (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. CHAPTER 18.20 DEFINITIONS SECTIONS: 18.20.010 Definitions. 18.20.010 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 appli- cation. "Alluvial Fan" is an area subject to flooding when the floodplain is comprised of low flow channels where sediment accompanies the shallow flooding and the unstable soils scour and erode during a flooding event. "Appeal" is a request for a review of the Director of Public Works' interpretation of any provision of this Title or a request for a variance. - 2 - ORDINANCE NO. "Area of Shallow Flooding" is a designated AO or VO Zone on the Flood Insurance Rate Map. 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. "Base Flood" is the flood having one percent chance of being equalled or exceeded in any given year. "Breakaway Walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is so designated as to breakaway under abnormally high tides or wave action without 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. "Coastal High Hazard Area" is the 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- 30. "Development" is any man-made change or improved or unimproved real estate, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. "Development Permit" shall include, but not be limited to, the following: building permit, use permit, grading permit, tidelands permit and watercourse permit. "Existing Mobile Home Park or Mobile Home Subdivision" is a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lots on which the mobile 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 con- struction of streets) is completed before the effective date of this Title. "Expansion to an Existing Mobile Home Park or Mobile Home Sub- division" is the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets). "Flood or Flooding" is 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 of runoff of surface waters from any source. "Flood Boundary Floodway Map" is Federal Insurance Administration flood hazard and the floodway. the official map on which the has delineated both the areas of "Flood Insurance Rate Map (FIRM)" is the official map on which 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" is the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map (FIRM), the Flood Boundary Floodway Map, and the water surface elevation of the base flood. "Floodproofing" means any combination of structural and non- structural additions, changes or adjustments to non-residential structures which reduce or eliminate flood damage to real estate or improved property. - 3- I- ORDINANCE NO. "Flood -Related Erosion" is a condition that exists in conjunction with a flooding event that alters the composition of the shoreline or bank of a watercourse; or one that increases the possibility of loss due to the erosion of the land area adjacent to the shoreline or watercourse. "Floodway" means the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. The floodway is delineated on the Flood Boundary Floodway Map. "Habitable Floor" means any floor usable for living purposes, which includes working, sleep, eating or recreation, or a combination thereof. For flood insurance purposes habitable floor and lowest floor will share the same definition. "Hazard Mitigation Plan" is a plan that incorporates a process, whereby the potential of future loss due to flooding can be mini- mized by planning and implementing alternatives to floodplain management community -wide. "Highest Grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Manufactured Unit" is a prefabricated structure in one or more sections that is assembled on-site with a permanent foundation. "Mobile Home" is a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers, or manufactured unit housing on permanent slab foundations. "New Construction" means structures for which the "start of con- struction" commenced on or after the effective date of this Title. "New Mobile Home Park or Mobile Home Subdivision" is a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities or servicing the lot (including, at the 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 this Title. "Sand Dunes" are naturally occurring accumulations of sand in ridges or mounds landward of the beach. "Start of Construction" is the first placement of permanent con- struction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land prepar- ation, 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 a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions "start of construction" means the date on which the construction of facilities for servicing the site on which the mobile 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" is a walled and roofed building or mobile home that is principally above ground. MIM r'^ ORDINANCE NO. "Substantial Improvement" means any repair, reconstruction, or improvement to a structure, the cost of which exceeds 50 percent of the market value of the structure either: (1) Before the improvement or repair is started, or (2) If the structure has been damaged and is being restored, before the damage occurred. 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. This 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. "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. CHAPTER 18.30 GENERAL PROVISIONS SECTIONS: 18.30.010 Lands to Which this Title Applies. 18.30.020 Basis for Establishing the Areas of Special Flood Hazard. 18. 30.0 3D Compliance. 18.30.040 Abrogation and Greater Restrictions. 18.30.050 Interpretation. 18.30.060 Warning and Disclaimer of Liability. 18.30.010 LANDS TO WHICH THIS TITLE APPLIES. This Title shall apply to all areas of special flood hazards within the jurisdication of the City of San Rafael. 18.30.020 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard identified by the Federal Insurance Administration, through the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the City of San Rafael," dated June 28, 1983, with an accompanying Flood Insurance Rate Map is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file at the Department of Public Works, City of San Rafael. 18.30.030 COMPLIANCE. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Title and other applicable regulations. 18.30.040 ABROGATION AND GREATER RESTRICTIONS. This Title is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Title and/or other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. - 5 - ORDINANCE NO. 18.30.050 INTERPRETATION. In the interpretation and application of this Title, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and (3) 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 the City of San Rafael, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result reliant on this Title or any adminis- trative decision lawfully made thereunder. CHAPTER 18.40 ADMINISTRATION SECTIONS: 18.40.010 Establishment of Development Permit. 18.40.020 Designation of the Administrator. 18.40.030 Duties and Responsibilities of the Administrator. 18.40.010 ESTABLISHMENT OF DEVELOPMENT PERMIT. A Development Permit shall be obtained before construction or 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 City of San Rafael and may include, but not be limited to: plans showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facil- ities; and the location of the foregoing. Specifically, the follow- ing information is required: (1) Proposed elevation in relation to mean sea level as defined by the National Geodetic Vertical Datum of 1929, of the lowest habitable floor (including basement) of all structures; in Zone AO elevation of existing grade and proposed elevation of lowest habitable floor of all structures. (2) Proposed elevation in relation to mean sea level to which any structure will be floodproofed; (3) Certification by a registered professional engineer or architect that the floodproofing methods for a nonresi- dential structure meet the floodproofing criteria in Section 18.50. (4) 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 ADMINISTRATOR. The Director of Public Works is hereby appointed to administer and implement this Title by granting or denying development permit applications in accordance with its provisions. IME ORDINANCE NO. 18.40.030 DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR. The duties and responsibilities of the administrator shall include, but not be limited to: (1) Permit Review (a) Review of all development permits to determine that the permit requirements of this ordinance have been satisfied. (b) Review of all permits to determine that the site is reasonably safe from flooding. (c) Review of all development permits to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. (d) Review of all proposals for the development of five (5) parcels or more to assure that the flood discharge exiting the development after construction is equal to or less than the flood discharge at the location prior to development, unless sufficient excess capacity exists in the down- stream drainage system. (2) When base flood elevation data has not been provided in accord- ance with Section 18.30.020. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Director of Public Works shall obtain, review, and reasonably utilize the best base flood data available from any source: federal, state, or other; such as high water mark(s), floods of record, or private engineering reports, in order to administer Chapter 18.50 and provide the developer with an estimated base flood elevation. (a) Single parcels will be required to elevate the lowest floor of any residential structure to no less than two (2) feet above natural grade when base flood data does not exist. Non-residential structures may elevate or flood -proof to meet this standard. (b) Multiple parcels (five or more) will be required to have all proposals establish the 100 -year base flood elevation before consideration of the preliminary plan for development. The Director of Public Works may, at his discretion, require standards exceeding those identified in Chapter 18.50. (3) Information to be Obtained and Maintained (a) The certification required in Sections 18.50.010,(3),(a),(b), and (c); 18.50.050,(5); 18.50.060,(5); and 18.50.080,(2),(c); and (b) Certification of the elevation of the lowest floor, flood - proofed elevation, or the elevation of the structure's lowest horizontal member is required at that point where the footings are set and slab poured. Failure to submit eleva- tion certification shall be cause to issue a stop -work order for the project. As built plans certifying the elevation of the adjacent property may be used to comply with this section. (c) If fill is used to elevate a elevation, the permit holder of Map Amendment (LOMA), as this Title. (4) Alteration of Watercourses structure above the base flood may wish to apply for a Letter set forth in Chapter 18.70 of It is the responsibility of the Director of Public Works to: (a) Notify adjacent communities and the appropriate state agencies prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (b) It is required that the flood carrying capacity of the altered or relocated portion of said watercourse be main- tained by the Community. - 7 - W ORDINANCE NO. (5) Interpretation of Flood Insurance Rate Map (FIRM) Boundaries The community will provide interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Chapter 18.60. (6) Maintenance of Flood Protection Measures The maintenance of any and all flood protection measures (levees, dikes, dams, or reservoirs) will be required of the jurisdiction where such measures provide protection. If these measures are privately owned, an operation or maintenance plan may be required of the owner to be on file with the Director of Public Works. (7) The City shall review all new development proposals in flood hazard areas for conformance with the City's General Plan and any applicable neighborhood or specific plans. CHAPTER 18.50 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTIONS: 18.50.010 Standards of Construction. 18.50.020 Standards for Alluvial Fans. 18.50.030 Standards for Storage of Materials and Equipment. 18.50.040 Standards for Utilities. 18.50.050 Standards for Subdivisions. 18.50.060 Standards for Mobile Homes and Mobile Home Parks and Subdivisions. 18.50.070 Floodways. 18.50.080 Coastal High Hazard Area. 18.50.010 STANDARDS OF CONSTRUCTION. In all areas of special flood hazard, the following standards are required: (1) Anchoring. (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. (b) All mobile home units shall meet the anchoring standards of Section 18.50.060. (2) Construction Materials and Methods. (a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (b) All new construction and substantial improvements shall use methods and practices that minimize flood damage. (c) All elements that function as a part of the structure, such as furnace, hot water, air conditioner, etc., shall be elevated to or above the base flood elevation or depth number specified on the Flood Insurance Rate Map (FIRM). (3) Elevation and Floodproofing. (a) New construction and substantial improvement of any structure shall have the bottom of the lowest floor beam or basement floor elevated to or above the base flood elevation plus predicted 30 years settlement. Non-residential structures will meet the standards in Section 18.50.010,(3),(c). Upon completion of the structure the elevation of the lowest floor, ORDINANCE NO. including the basement, shall be certified by a registered professional engineer or surveyor or verified by the local building inspector that the elevation requirements have been met. Notification of compliance shall be recorded as set forth in Section 18.40.030,(3). (b) New construction and substantial improvement to any structure in Zone AO shall have the bottom of the lowest floor beam or basement floor elevated to or above the depth number specified on the Flood Insurance Rate Map (FIRM) plus predicted 30 years settlement. If there is no depth number on the Flood Insurance Rate Map (FIRM), the bottom of the lowest floor beam or basement floor shall be elevated to a depth of one (1) foot above the highest adjacent grade. Non-residential structures will meet standards in Section 18.50.010,(3),(c). Upon completion of the structure, compliance to the elevation requirement shall be certified by a registered professional engineer or surveyor or verified by the local building inspector. Notification of compliance shall be recorded as set forth in Section 18.40.030,(3). (c) Non-residential construction shall either be elevated in con- formance with Section 18.50.010,(3),(a) or (b) or together with attendant utility and sanitary facilities, be flood - proofed to the base flood elevation. Examples of flood - proofing include, but are not limited to: i. Installation of watertight doors, bulkheads, and shutters. ii. Reinforcement of walls to resist water pressure. iii. Use of paints, membranes, or mortars to reduce seepage through walls. iv. Addition of mass or weight to structure to resist flotation. V. Armour protection of all fill materials from scour and/or erosion. vi. Certification by a registered professional engineer or architect that the standards of this sub -section are satisfied. Such certification shall be provided to the official set forth in Section 18.40.030,(3)(a). (d) Mobile homes shall meet the above standards and also the standards in Chapter 18.50.060. (e) Structures in Coastal High Hazard Areas shall meet the requirements of Chapter 18.50.080. 18.50.020 STANDARDS FOR ALLUVIAL FANS. Areas subject to alluvial fan flooding have irregular flow paths that result in erosion of existing channels and the undermining of fill material. Those areas are identified on the Flood Insurance Rate Map (FIRM) as AO Zones with velocities. (1) All structures must be securely anchored to minimize the impact of the flood and sediment damage. (2) All new construction and substantial improvements must be elevated on pilings, columns, or armoured fill so that the bottom lowest floor beam is elevated at or above the depth number. (3) Use of all fill materials must be armoured to protect the material from the velocity of the flood flow. (4) All proposals for subdivision development must provide a mitigation plan that identifies the engineering methods used to: ORDINANCE NO. (a) Protect structures from erosion and scour caused by the velocity of the flood flow. (b) Capture or transport flood and sediment flow through the subdivision to a safe point of disposition. (5) All mobile homes shall be prohibited within the identified hazard area except within existing mobile home parks or sub- divisions. 18.50.030 STANDARDS FOR STORAGE OF MATERIALS AND EQUIPMENT. (1) The storage or processing of materials that are, in time of flooding, bouyant, flammable, explosive, or could be injurious to human, animal, or plant life, is prohibited. (2) Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. 18.50.040 STANDARDS FOR UTILITIES. (1) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. (2) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 18.50.050 STANDARDS FOR SUBDIVISIONS. (1) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. (2) All final subdivision plans will provide the elevation of proposed structure(s), pads, and adjacent grade. 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 official as set forth in Section 18.40.030,(3)(a). (3) All subdivision proposals shall be consistent with the need to minimize flood damage. (4) All subdivision proposals shall have public utilities and facil- ities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. (5) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage as set forth in Section 18.40.030,(3)(a). Certification of compliance shall be required of the developer. 18.50.060 STANDARDS FOR MOBILE HOMES AND MOBILE HOME PARKS AND SUBDIVISIONS. (1) All new mobile homes and additions to mobile homes shall be set on permanent foundation by anchoring the unit to resist flotation collapse, or lateral movement by one of the following methods: (a) By providing an anchoring system designed to withstand horizontal forces of 15 pounds per square foot and uplift forces of 9 pounds per square foot; or (b) By the anchoring of the unit's system, designed to be in compliance to the Department of Housing and Urban Develop- ment Mobile Home Construction and Safety Standards; or (c) By bolting the frame or undercarriage to a reinforced, permanent foundation such as retaining wall or storm wall used to set the unit. - 10 - ORDINANCE NO. As set forth in Section 18.40.030,(3)(a), certification meeting the standards above is required of the installer or state agency responsible for regulating the placement, installation, and anchoring of individual mobile home units. (2) The following standards are required for (a) mobile homes not placed in mobile home parks or subdivisions, (b) new mobile home parks or subdivisions, (c) expansions to existing mobile home parks or subdivisions, and (d) repair, reconstruction, or improvements to existing mobile home parks or subdivisions that equals or exceeds 50 percent of the value of the streets, utilities, and pads before the repair, reconstruction, or improvement commenced. (a) Adequate surface drainage and access for a hauler shall be provided. (b) All mobile homes shall be placed on pads or lots elevated on compacted fill. (3) No mobile home shall be placed in a floodway, except in an existing mobile home park or existing mobile home subdivision. (4) No mobile home shall be placed in a coastal high hazard area, except in an existing mobile home park or an existing mobile home subdivision. (5) Certification of compliance is required of the developer re- sponsible for the plan or state agency responsible for regu- lating mobile home placement. 18.50.070 FLOODW AYS 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: (1) Prohibit encroachments, including fill, new construction, sub- stantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) If no floodway is identified, the permit holder shall provide an engineering study for the project area that establishes a setback where no encroachment of any new development will be allowed that would increase the water surface elevation of the base flood or establish a setback from the stream bank equal to five (5) times the width of the stream at the top of the bank or twenty (20) feet on each side from the top of the bank, whichever is greater. 18.50.080 COASTAL HIGH HAZARD AREA Coastal high hazard areas (V Zones) are located within the areas of special flood hazard established in Section 18.30.020. These areas have special flood hazards associated with high velocity waters from coastal and tidal inundation tsunamis; therefore, the following provisions shall apply: (1) Location and Placement: (a) All buildings or structures shall be located landward out of reach of the mean high tide. ORDINANCE NO. (b) The placement of mobile homes shall be prohibited. (2) Construction methods are: (a) Elevation. All buildings or structures shall be elevated so that the lowest supporting member is located no lower than the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in Section 18.50.080, (2), (c). (b) Structural support: i. All buildings or structures shall be securely anchored on pilings or columns. ii. Pilings or columns used as structural support shall be designed and anchored so as to withstand all impact forces and buoyancy factors of the base flood. iii. There shall be no fill used for structural support. (c) Certification. Compliance with the provisions of Section 18.50.080,(2)(a) and (b) and shall be certified to by a registered professional engineer or architect and provided to the official as set forth in Section 18.40.030,(3). i. Any alteration, repair, reconstruction or improvement to a structure started after the enactment of this ordinance shall not enclose the space below the lowest floor unless breakaway walls are used as provided for in this Section. ii. Breakaway walls may be allowed below the base flood elevation provided they are not a part of the structural support of the building and are designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used. iii. If breakaway walls are utilized, such enclosed space shall not be used for human habitation. iv. Prior to construction, plans for any structure that will have breakaway walls must be submitted to the Direcor of Public Works for approval. CHAPTER 18.60 VARIANCE PROCEDURES SECTIONS: 18.60.010 Appeal Board. 18.60.020 Conditions for Variances. 18.60.010 APPEAL BOARD. (1) The City Council of the City of San Rafael shall hear and decide appeals and requests for variances from the requirements of this Title. (2) The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Director of Public Works of this Title. - 12 - ORDINANCE NO. (3) In passing upon such applications, consider all technical evaluations, standards, etc., specified in other and: the City Council shall all relevant factors, Sections of this Title, (a) The danger that materials may be swept onto other lands to the injury of others. (b) The danger to life and property due to flooding or erosion damage. (c) The susceptibility of the proposed facility and its con- tents to flood damage and the effect of such damage on the individual owner. (d) The importance of the services provided by the proposed facility to the community. (e) The necessity to the facility of a waterfront location, where applicable. (f) The availability of alternative locations, for the proposed uses that are not subject to flooding or erosion damage. (g) The compatibility of the proposed use with existing and anticipated development. (h) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area. (i) The safety of access to the property in times of flood for ordinary and emergency vehicles. (j) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site. (k) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, elec- trical, and water system, and streets and bridges. (4) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (a -k) in Section 18.60.010,(3) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (5) Upon consideration of the factors of Section 18.60.010,(3) and the purpose of this Title, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purpose of this Title. (6) The Director of Public Works shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. 18.60.020 CONDITIONS FOR VARIANCES: (1) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Section. (2) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. - 13- ORDINANCE NO. (4) Variances shall only be issued upon: (a) A showing of good and sufficient cause such as renovation, rehabilitation, or reconstruction. Variances issued for economic considerations, aesthetics, or because variances have been used in the past, are not good and sufficient cause. (b) A determination that failure to grant the variance would result in exceptional hardship to the applicant. (c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization to the public, or conflict with existing local laws or ordinances. (5) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest flood elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. CHAPTER 18.70 LETTER OF MAP AMENDMENT SECTIONS: 18.70.010 Letter of Map Amendment. 18.70.010 LETTER OF MAP AMENDMENT There are two methods of appeal that exempt a structure from the purchase of flood insurance, both must be supported by the items listed below: (1) Appeal to Elevation Requirements: (a) An actual stamped copy of the recorded plat map of the property showing official recordation and proper citation, or a photocopy of property's legal description (e.g., lot, block and plot number, etc.) (b) A copy of the Flood Hazard Boundary Map (FHBM). Both must identify the location of the property. (c) A certification by a registered professional engineer or land surveyor or verification by the community building official stating: i. The type of structure. ii. The elevation of the lowest finished grade adjacent to the structure. iii. The elevation of the bottom of the lowest floor beam. (2) Appeal of Location: (a) An actual stamped copy of the recorded plat map of the property showing official recordation and proper citation, or a photocopy of property's legal description (e.g., lot, block, and plot number, etc.). (b) A copy of the Flood Hazard Boundary Map (FHBM) and/or Flood Insurance Rate Map (FIRM). Both must identify the location of the property as not within Zone A or V. (c) Verification by local building official as to the property's location. - 14 - ORDINANCE NO. 1482 DIVISION 3. 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 por- tions 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. DIVISION 4. This ordinance shall be published once in full before its final passage, in a newspaper of general circula- tion, published and circulated in said City, and shall be in full force and effect thirty (30) days after its passage. LAWRENCE E. MULRY N, Mayor Attest: 4W�. ACI City Clerk The foregoing Ordinance No. 1482 was read and intro- duced at a regular meeting of the City Council of the City of San Rafael, held on the 2nd day of April , 1984, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 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 16th day of April , 1984. 26.2 A/28 JO 6!linuEOONCINI,\ City C erk - 15 -