HomeMy WebLinkAboutOrdinance 1539 (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. 1539 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 18
OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL BY AMENDING
AND ADOPTING TITLE 18 - 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 8th day of
September 19 87 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 21st
day of September ,
19__87, by
the following
vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official seal
of the City of San Rafael this
22nd day of September
1987. ,
JEAN0N . LEONCI`NCit Clerk
Y
ORDINANCE NO. 1539
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
TITLE 18 OF THE MUNICIPAL CODE OF THE CITY OF
SAN RAFAEL BY AMENDING AND ADOPTING TITLE 18 -
PROTECTION OF FLOOD HAZARD AREAS
THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. Title 18, Protection of Flood Hazard Areas, is
hereby amended to read in its entirety as follows:
TITLE 18. PROTECTION OF FLOOD HAZARD AREAS.
Chapters 18.10 Statutory Authorization, Findings of Fact,
Purposes and Methods
18.20 Definitions
18.30 General Provisions
18.40 Administration
18.50 Provisions for Flood Hazard Reduction
18.60 Variance Procedure
18.70 Letter of Map Amendment
Chapter 18.10. Statutory Authorization, Findings of Fact,
Purposes and Methods.
Sections 18.10.010 Statutory authorization.
18.10.020 Findings of fact.
18.10.030 Statement of purpose.
18.10.040 Methods of reducing flood losses.
18.10.010. Statutory Authorization. The Legislature of the
State of California has in Government Code Sections 65302, 65560 and
65800 conferred upon local governmental units authority to adopt
regulations designed to promote the public health, safety and general
welfare of its citizenry. Therefore, the City Council does ordain as
set out in this chapter.
18.10.020. Findings of Fact. (a) The flood hazard areas of the
City 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.
(b) 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 floodproofed, elevated or
otherwise protected from flood damage 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:
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ORDINANCE NO. 1539
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood
control projects=
(3) To minimize the need for rescue and relief efforts as-
sociated 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
development 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 ac-
complish 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 accommodate or
channel floodwaters;
(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 floodwaters or which may increase flood
hazards in other areas.
Chapter 18.20. Definitions.
Sections 18.20.010 Definitions.
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ORDINANCE NO. 1539
18.20.010 Definitions. Unless specifically defined in this
section, 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.
"Appeal" means a request for a review of the Flood Plain
Administrator's interpretation of any provision of this title or a
request for a variance.
"Area of shallow flooding" means a designated A0, AH 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" means the flood having one -percent chance of being
equalled or exceeded in any given year (also called the "100 -year
flood").
"Basement" means any area of the building having its floor
subgrade (below ground level) on all sides.
"Breakaway walls" means 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 break away 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 floodwaters.
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 ar-
chitect 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.
"Coastal high hazard area" means 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, VE or V.
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ORDINANCE NO. 1539
"Development" means any man-made change or improved or
unimproved real estate including, but not limited to, buildings or
other structures, mining, filling, grading, paving, excavation,
drilling or dredging operations.
"Development permit" means and includes, but is not limited to,
the following: building permit, use permit, grading permit,
tidelands permit and watercourse permit.
"Existing mobile home park or mobile home subdivision" means 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
construction of streets) is completed before the effective date of
this title.
"Expansion to an existing mobile home park or mobile home
subdivision" means the preparation of additional sites by the con-
struction 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 con-
struction of streets).
"Flood" or "Flooding" means a general and temporary condition of
partial or complete inundation of normally dry land areas from:
(1) The overflow of flood waters;
(2) The unusual and rapid accumulation of runoff of surface
waters from any source; and/or
(3) The collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining caused
by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated force
of nature, such as a flash flood or an abnormal tidal surge, or by
some similarly unusual and unforeseeable event which results in
flooding as defined in this definition.
"Flood Boundary and Floodway Map" means the official map on
which the Federal Emergency Management Agency or Federal Insurance
Administration has delineated both the areas of flood hazard and the
floodway.
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ORDINANCE NO. 1539
"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 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.
"Floodplain or flood -prone area" means any land area susceptible
to being inundated by water from any source (see definition of
"f looding") .
"Floodplain management" means the operation of an overall
program of corrective and preventive measures for reducing flood
damage including, but not limited to, emergency preparedness plans,
flood control works and floodplain management regulations.
"Floodplain management regulations" means zoning ordinances,
subdivision regulations, building codes, health regulations, special
purpose ordinances (such as floodplain ordinance, grading ordinance
and erosion control ordinance) and other applications of police
power. The term describes such state or local regulations in any
combination thereof, which provide standards for the purpose of flood
damage prevention and reduction.
"Floodproofing" means any combination of structural and non-
structural additions, changes, or adjustments to structures which
reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their
contents.
"Floodway" means the channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface
elevation more than one foot. Also referred to as "regulatory
floodway".
"Functionally dependent use" means a use which cannot perform
its intended purpose unless it is located or carried out in close
proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo
or passengers, and ship building and ship repair facilities, but does
not include long-term storage or related manufacturing facilities.
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"Highest adjacent grade" means the highest natural elevation of
the ground surface prior to construction next to the proposed walls
of a structure.
"Lowest floor" means the lowest floor of the lowest enclosed
area (including basement). An unfinished or flood resistant
enclosure, usable solely for parking of vehicles, building access or
storage in an area other than a basement area is not considered a
building's lowest floor; provided, that such enclosure is not built
so as to render the structure in violation of the applicable non -
elevation design requirements of this title.
"Manufactured home" means a structure, transportable in one or
more sections, which is built on a permanent chassis and is designed
for use with or without a permanent foundation when connected to the
required utilities. For floodplain management purposes the term
"manufactured home" also includes park trailers, travel trailers and
other similar vehicles placed on a site for greater than 180 consecu-
tive days.
"Manufactured home park or subdivision" means a parcel (or
contiguous parcels) of land divided into two or more manufactured
home lots for sale or rent.
"Mean sea level" means, for purposes of the National Flood
Insurance Program, the National Geodetic vertical Datum (NGVD) of
1929 or other datum, to which base flood elevations shown on a com-
munity's Flood Insurance Rate Map are referenced.
"New construction" means, for floodplain management purposes,
structures for which the "start of construction" commenced on or
after the effective date of a floodplain management regulation
adopted by this City.
"One hundred year flood" or "100 -year flood" means a flood which
has a one percent annual probability of being equalled or exceeded.
It is identical to the "base flood", which will be the term used
throughout this title.
"Person" means an individual or his agent, firm, partnership,
association or corporation, or agent of the aforementioned groups, or
this state or its agencies or political subdivisions.
"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
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ORDINANCE NO. 1539
its noncompliance. Ways that impacts may be reduced include protect-
ing the structure or other affected development from flood damages,
implementing the enforcement provisions of this title or otherwise
deterring future similar violations, or reducing 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.
"Special flood hazard area (SFHA)" means an area having special
flood or flood -related erosion hazards, and shown on an FHBM or FIRM
as Zone A, A0, Al -30, AE, A99, AH, V0, V1-30, VE or V.
"Start of Construction" includes substantial improvement, and
means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, placement, or other
improvement was within 180 days of the permit date. The "actual
start" means either the first placement of permanent construction of
a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured
home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it
include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers, or foundations or
the erection of temporary forms; nor does it include the installation
on the property of accessory buildings; such as garages or sheds not
occupied as dwelling units or not part of the main structure.
"Structure" means a walled and roofed building, including a gas
or liquid storage tank, that is principally above ground, as well as
a manufactured home.
"Substantial improvement" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure either:
(1) before the improvement 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,
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floor, or other structural part of the building commences, whether or
not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
(1) any project for improvement of a structure to comply with
existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living
conditions; or
(2) any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of Historic
Places.
"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 develop-
ment to be fully compliant with the community's floodplain management
regulations. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance
required it this title is presumed to be in violation until such time
as that documentation is provided.
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.
18.30.030 Compliance.
18.30.040 Abrogation and greater restrictions.
18.30.050 Interpretation.
18.30.060 Warning and disclaimer of liability.
18.30.070 Severability.
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 area 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 adopted by reference and
declared to be a part of this chapter. The Flood Insurance Study is
on file at the Department of Public Works. This Flood Insurance
Study is the minimum area of applicability of this title and may be
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ORDINANCE NO. 1530
supplemented by studies for other areas which allow implementation of
this title and which are recommended to the City by the Floodplain
Administrator.
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. Violations of the provisions of this title by failure
to comply with any of its 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 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.
18.30.050. Interpretation. In the interpretation and applica-
tion 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 flood-
ing or flood damages. This title shall not create liability on the
part of the City, any officer or employee thereof, or the Federal
Insurance Administration, for any flood damages that result reliant
on this title or any administrative decision lawfully made
thereunder.
18.38.070. Severability. This title and the various parts
thereof are hereby declared to be severable. Should any section of
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this title be declared by the courts to be unconstitutional or in-
valid, 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.
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 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:
(1) Proposed elevation in relation to mean sea level, of the
lowest floor (including basement) of all structures; in Zone AO or
VO, elevation of the highest adjacent grade and proposed elevation of
lowest floor of all structures;
(2) Proposed elevation in relation to mean sea level to which
any structure will be floodproofed;
(3) All appropriate certifications listed in Section
18.40.030(4) of this title; and
(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 Floodplain Administrator. The
Director of Public Works is hereby appointed to administer and imple-
ment this title by granting or denying development permits in
accordance 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:
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(1) Permit review.
(a) Review all development permits to determine that the
permit requirements of this title have been satisfied;
(b) All other required state and federal permits have been
obtained;
(c) The site is reasonably safe from flooding.
(d) The proposed development does not adversely affect the
carrying capacity of the floodway. 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 not increase the
water surface elevation of the base flood more than one foot
at any point.
(2) Use of Other Base Flood Data. 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,
State, or other source, in order to administer Chapter 18.50. Any
such information shall be submitted to the City for adoption.
(3) whenever a watercourse is to be altered or relocated:
(a) Notify adjacent communities and the California
Department of Water Resources prior to such alteration or
relocation of a watercourse, and submit evidence of such
notification to the Federal Insurance Administration;
(b) Require that the flood carrying capacity of the altered
or relocated portion of said watercourse is maintained.
(4) Obtain and maintain for public inspection and make available
as needed:
(a) The certification required in Section 18.50.010(3)(a)
(floor elevations);
(b) The certification required in Section 18.50.010(3)(b)
(elevations in areas of shallow flooding);
(c) The certification required in Section
18.50.010(3)(c)(iii) (elevation or floodproofing of non-
residential structures);
(d) The certification required in Section 18.50.010(3)(d)(i)
or 18.50.010(3)(d)(ii) (wet floodproofing standard);
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(e) The certified elevation required in Section 18.50.030(2)
(subdivision standards);
(f) The certification required in Section 18.50.050(1)
(floodway encroachments); and
(g) The information required in Section 18.50.060(6)
(coastal construction standards).
(5) Make 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 inter-
pretation as provided in Chapter 18.60.
(6) Take action to remedy violations of this title as specified
in Section 18.30.030.
Chapter 18.50. Provisions for Flood Hazard Reduction.
Sections 18.50.010 Standards of construction.
18.50.020 Standards for utilities.
18.50.030 Standards for subdivisions.
18.50.040 Standards for manufactured homes.
18.50.050 Floodways.
18.50.060 Coastal high hazard area.
18.50.010. Standards of Construction. In all areas of special
flood hazards 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 resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy.
(b) All manufactured homes shall meet the anchoring standards of
Section 18.50.040.
(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 be
constructed using methods and practices that minimize flood
damage.
(c) All new construction and substantial improvements shall be
constructed with electrical, heating, ventilation, plumbing and
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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.
(d) Require within Zones AH, AO or VO, adequate drainage paths
around structures on slopes to guide flood waters around and
away from proposed structures.
(3) Elevation and Floodproofing.
(a) New construction and substantial improvement of any struc-
ture shall have the lowest floor, including basement, elevated
to or above the base flood elevation plus predicted thirty
years' settlement. Nonresidential structures may meet the
standards in Section 18.50.010(3)(c). Upon the completion of
the structure, the elevation of the lowest floor including
basement shall be certified by a registered professional en-
gineer or surveyor, or verified by the City Building Official to
be properly elevated. Such certification or verification shall
be provided to the Floodplain Administrator.
(b) New construction and substantial improvement of any struc-
ture in Zone AH, AO or VO shall have the lowest floor, including
basement, elevated above the highest adjacent grade at least as
high as the depth number specified in feet on the FIRM, or at
least two feet if no depth number is specified. Nonresidential
structures may meet the standards in Section 18.50.010(3)(c).
Upon the completion of the structure, the elevation of the
lowest floor including basement shall be certified by a
registered professional engineer or surveyor, or verified by the
City Building Official to be properly elevated. Such certifica-
tion or verification shall be provided to the Floodplain
Administrator.
(c) Nonresidential construction shall either be elevated in
conformance with Section 18.50.010(3)(a) or (b) or together with
attendant utility and sanitary facilities:
(i) be floodproofed so that below the base flood level the
structure is watertight with walls substantially impermeable
to the passage of water;
(ii) have structural components capable of resisting hydros-
tatic and hydrodynamic loads and effects of buoyancy; and
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(iii) be certified by a registered professional engineer or
architect that the standards of this subsection are
satisfied. Such certifications shall be provided to the
Floodplain Administrator.
(d) Require, for all new construction and substantial improve-
ments, that fully enclosed areas below the lowest floor that are
subject to flooding shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the
entry and exit of floodwaters. Designs for meeting this re-
quirement must either be certified by a registered professional
engineer or architect or meet or exceed the following minimum
criteria:
(i) Either a minimum of two openings having a total net
area of not less than one square inch for every square foot
of enclosed area subject to flooding shall be provided.
The bottom of all openings shall be no higher than one foot
above grade. Openings may be equipped with screens,
louvers, valves or other coverings or devices provided that
they permit the automatic entry and exit of floodwaters; or
(ii) Be certified to comply with a local floodproofing
standard approved by the Federal Insurance Administration.
(e) Manufactured homes shall also meet the standards in Section
18.50.040.
18.50.020 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.
18.50.030 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) and pads. If the site is filled above the base
flood, the final pad elevation shall be certified by a registered
professional engineer or surveyor and provided to the Floodplain
Administrator.
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(3) All subdivision proposals shall be consistent with the need
to minimize flood damage.
(4) All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical and water systems located
and constructed to minimize flood damage.
(5) All subdivisions shall provide adequate drainage to reduce
exposure to flood hazards.
18.50.040. Standards for Manufactured Homes. All new and
replacement manufactured homes and additions to manufactured homes
shall:
(1) Be elevated so that the lowest floor is at or above the base
flood elevation; and
(2) Be securely anchored to a permanent foundation system to
resist flotation, collapse or lateral movement.
18.50.050. 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 projec-
tiles, and erosion potential, the following provisions apply:
(1) Prohibit encroachments, including fill, new construction,
substantial 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 Section 18.50.050(1) is satisfied, all new construction
and substantial improvements shall comply with all other applicable
flood hazard reduction provisions of Chapter 18.50.
18.50.060. Coastal High Hazard Areas. Within coastal high
hazard areas established in Section 18.30.020, the following stan-
dards shall apply:
(1) All new construction and substantial improvements 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 elevation.
(2) All new construction shall be located on the landward side
of the reach of mean high tide.
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(3) All new construction and substantial improvements shall have
the space below the lowest floor free of obstructions or constructed
with breakaway walls. Such temporarily enclosed space shall not be
used for human habitation.
(4) Fill shall not be used for structural support of buildings.
(5) Man-made alteration of sand dunes which would increase
potential flood damage is prohibited.
(6) The Floodplain Administrator shall obtain and maintain the
following records:
(a) Certification by a registered engineer or architect that a
proposed structure complies with Section 18.50.060(1).
(b) 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 struc-
tures, and whether such structures contain a basement.
Chapter 18.60. Variance Procedure.
Sections 18.60.010 Appeal board.
18.60.020 Conditions for variances.
18.60.010. Appeal board. (1) The City Council 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 determina-
tion made by the Floodplain Administrator of this title.
(3) In passing upon such applications, the City Council shall
consider all technical evaluations, all relevant factors, standards,
etc., specified in other sections of this title; and
(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)
amage;(c) The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual
owner.
(d) The importance of the services provided by the proposed
facilitv to the community;
(e) The necessity to the facility of a waterfront location,
where applicable;
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(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 floodwaters 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, electrical
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) through (k) of subsection (3) of this section 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 subsection (3) of this
section 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 Floodplain Administrator shall maintain the records of
all appeal actions and report any variances to the Federal Insurance
Administration 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.
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......�........L ..v. 17.37
(3) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
(4) Variances shall only be issued upon:
(a) A showing of 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 exist-
ing local laws or ordinances.
(5) Variances may be issued for new construction and substantial
improvements and for other development necessary for the conduct of a
functionally dependent use provided that the provisions of Sections
18.60.020(1) through 18.60.020(4) are satisfied and that the struc-
ture or other development is protected by methods that minimize flood
damages during the base flood and create no additional threats to
public safety.
(6) 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 floor elevation below the regulatory flood elevation and
that the cost of flood insurance will be commmensurate with the
increased risk resulting from the reduced lowest floor elevation. A
copy of the notice shall be recorded by the City Council in the
office of the Marin County Recorder and shall be recorded in a manner
so that it appears in the chain of title of the affected parcel of
land.
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 as follows:
(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
a.v. 1J J7
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 City 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; and
(c) Verification by City Building Official as to the property's
location.
DIVISION 2. If any provision of this Ordinance or its
application is held invalid by a court of competent jurisdiction,
such invalidity shall not affect other provisions, sections, or
applications of the Ordinance which can be given effect without the
invalid provisions or applications, and to this end any phrase,
section, sentence, or word is declared to be severable.
DIVISION 3. This Ordinance shall be published once in full
before its final passage in a newspaper of general circulation,
published, and circulated in the City of San Rafael, and shall be in
full force and effect thirty (30) days after its final passage.
Attest:
JE . LEONCINI, City Clerk
LAWRENCE E. MULRYAN, Mayor
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The foregoing Ordinance No. 1539 was read and introduced
at a regular meeting of the City Council of the City of San
Rafael, held on the 8th day of September 1987, and ordered
passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & 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
21st day of September , 1987.
J M. LEONCIN , City Clerk
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