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HomeMy WebLinkAbout256ORDINANCE NO. 256 AN ORDINANCE OF THE CITY OF THE TOWN OF LOS ALTOS HILLS AMENDING TITLE 7 OF THE LOS ALTOS HILLS MUNICIPAL CODE BY ADDING THERETO CHAPTER 5 ENTITLED "FLOOD DAMAGE PREVENTION". The City Council of the City of the Town of Los Altos Hills does ORDAIN as follows: SECTION 1. STATUTORY AUTHORIZATION. The Legislature of the State of California has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Section 7 of Article XI of the Constitution of the State of California empowers a City to make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws. Section 37100 of the Govern- ment Code of California empowers the City Council of a City to "pass ordinances not in Conflict with the Constitution and laws of the State or the United States". - SECTION 2. FINDINGS OF FACT. (a) The flood hazard areas of the City of the Town of Los Altos Hills 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. v (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 flood - proofed, elevated or otherwise protected from flood damage also contribute to the flood loss. SECTION 3. STATEMENT OF PURPOSE. It is the purpose of this ordinance 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: (a) To protect human life and health (b) To minimize expenditure of public money for costly flood control projects. (c) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public. (d) To minimize prolonged business interruptions. (e) 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. (f) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas. (g) To insure that potential buyers are notified that property is in an area of special flood hazard. -2- V (h) To insure that those who occupy the areas of special flood hazard assume responsibility for their actions. SECTION 4. METHODS OF REDUCING FLOOD LOSSES. In order to accomplish its purposes, this ordinance includes methods and provisions for: (a) 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. (b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction. (c) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters. (d) Controlling filling, grading, dredging, and other develop- ment which may increase flood damage. (e) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. SECTION 5. AMENDMENT OF CODE. Title 7 of the Los Altos Hills Municipal Code hereby is amended by adding thereto Chapter 5 to read as follows: CHAPTER 5, FLOOD DAMAGE PREVENTION. Section 7-5.01 TITLE. This Chapter shall be known and may be cited as the "Flood Damage Prevention Ordinance." Section"7-5.02, DEFINITIONS. Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to -3- give this ordinance its most reasonable application. (a) "Appeal" means a request for a review of the City Engineer's interpretation of any provision of this Chapter or a request for a variance. (b) "Area of shallow flooding" means a designated AO or VO 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 inde- terminate; and, velocity flow may be evident. (c) "Area of special flood hazard" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. (d) "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. (e) "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 located within the area of special flood hazard. (f) "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters and/ or (2) The unusual and rapid accumulation of runoff of surface waters from any source. (g) "Flood Insurance Rate Map" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones -4- J applicable to the community. (h) "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. (i) "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 (1) foot. (j) "Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor". (k) "New construction" means structures for which the "start of construction" commenced on or after the effective date of this Chapter. (1) "Start of construction" means the first placement of permanent construction of a structure 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 preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure 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. -5- V %0 (m) "Structure" means a walled and roofed building or mobile home that is principally above ground. (n) "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 con- sidered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely neces- sary 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. (o) "Variance" means a grant of relief from the requirements of the Chapter which permits construction in a manner that would otherwise be prohibited by this Chapter. SECTION 7-5.03. LANDS TO WHICH THIS CHAPTER APPLIES. This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of The Town of Los Altos Hills. 400 4 SECTION 7-5.04. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard indentified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of the Town of Los Altos Hills", dated March 30, 1977, with an accompa- nying Flood Insurance Rate Map is hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file at 26379 Fremont Road, Los Altos Hills, California 94022. SECTION 7-5.05. COMPLIANCE REQUIRED. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Chapter and other applicable regulations. SECTION 7-5.06. ABROGATION AND GREATER RESTRICTIONS. This Chapter is not intended to repeal., abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another provision of the Los Altos Hills Municipal Code or an Uncodified ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION 7-5.07. INTERPRETATION. In the interpretation and application of this Chapter 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. -7- SECTION 7-5.08. WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this Chapter 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 Chapter 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 Chapter shall not create liability on the part of the City of The Town of Los Altos Hills, any office or employee thereof, or the Federal Insurance Administration,for any flood damages that result in reliance on this Chapter or any administrative decision lawfully made thereunder. SECTION 7-5.09. ESTABLISHMENT OF DEVELOPMENT PERMIT A development Permit shall be obtained before construction or development begins within any area of special flood hazard es- tablished in Section 7-5.04. Application for a Development Permit shall be made on forms furnished by the City Engineer of the City of the Town of Los Altos Hills and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations 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: (a) Elevation in relation to mean sea level of the lowest floor (including basement) of all structures; (b) Elevation in relation to mean sea level.. to which any structure has been floodproofed; Sa %0 (c) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 7-5.18(b)and, (d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. SECTION 7-5.10. DESIGNATION OF THE CITY ENGINEER. The City Engineer of the City of the Town of Los Altos Hills is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. SECTION 7-5.11. DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER. The duties of the City Engineer shall include, but not be limited to: (a) Review all development permits to determine that the permit requirements of this Chapter have been satisfied, and that the structure is reasonably safe from flooding. (b) Review all development permits to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For purposes of this Chapter, "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. SECTION 7-5.12. USE of OTHER BASE FLOOD DATA When base flood elevation data has not been provided in accordance with Section 7-5.04 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the City Engineer shall obtain, review, and M `+ %0 reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer Sections 7-5.18(,) SPECIFIC STANDARDS, Residential Construction, and 705.18 (1)), SPECIFIC STANDARDS, Nonresidential Construction. SECTION 7-5.13. INFORMATION TO BE OBTAINED AND MAINTAINED. (a) The City Engineer shall obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all structures new or substantially improved after the FIRM date (b) For all new or substantially improved floodproofed structures, the City Engineer shall (i) record the actual elevation of as built structures (in relation to mean sea level), and (ii) maintain the floodproofing certifications required in Subsection (c) of Section 7-5.08. (c) Provided, however, Certification of actual elevation will be the responsibility of the developer. (d) The City Engineer shall maintain for public inspection all records pertaining to the provisions of this Chapter. SECTION 7-5.12. ALTERATION OF WATERCOURSES. (a) The City Engineer shall notify adjacent communities and the State of California, Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. (b) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. SECTION 7-5.14. INTERPRETATION OF FIRM BOUNDARIES. The City Engineer shall make interpretations where needed, in_ V r► 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 Section 7-15.15. SECTION 7-5.15. VARIANCE PROCEDURE, APPEALS. (a) The City Council shall hear and decide appeals and requests for variances from the requirements of this Chapter. (b) The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determi- nation made by the City Engineer in the enforcementoradministration of this Chapter. (c) In passing upon such application, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter, and; (i) the danger that materials may be swept into other lands to the injury of others, - (ii) the danger to life and property due to flooding or erosion damage, (iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner, - (iv) the importance of the services provided by the proposed facility to the community. (v) the necessity to the facility of a waterfront location, where applicable, (vi) the availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage. (vii) the compatability of the proposed use with existing and anticipated development. (viii) The relationship of the proposed use to the comprehensive plan and flood plain management program for that area. (ix) the safety of access to the property in times of flood for ordinary and emergency vehicles. (x) 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. (xi) 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. (d) Upon consideration of the factors of Section 7-5.15(c)and the purposes of this chapter. the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter. (e) The City Engineer shall maintain the records of all appeal actions and report any variances to the Federal Insurance Adminis- tration upon request. SECTION 7-5.16. CONDITIONS FOR VARIANCES (a) Variances may be issued for the reconstruction, rehabili- tation 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. -12- (b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Variances shall only be issued upon: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) 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 of the public as identified in Section 7-5.15(c), 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 floor 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. SECTION 7-5.17. FLOOD HAZARD REDUCTION; GENERAL STANDARDS. In all areas of special flood hazards the following standards are required: (a) Anchoring. (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. II- (b) CONSTRUCTION MATERIALS AND METHODS. (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage (c) 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. (d) SUBDIVISION PROPOSALS. (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, (4) Base flood elevation data shall be provided for sub- division proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less). (e) STORAGE OF MATERIAL AND EQUIPMENT. (1) The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could ld_ 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. SECTION 7-5.18. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 7-5.04 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or Section 7-5.12, USE OF OTHER. BASE FLOOD DATA, the following provisions are required: (a) Residential Construction. New construction and substantial improvement of any resi- dential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. (b) Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (1) be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage cf water; (2) have structural components capable of resisting hydrostatic and hydrodynamic loads .and effects of buoyancy; and (3) be certified by a registered professional engineer or architect that the standards of this subsection are -15- satisfied. Such certifications shall be provided to the official as set forth in Section 7-5.12 (c) FLOODWAYS Located within areas of special flood hazard established in Section7-5.04are areas designated as floodways. Since the flood - way is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion po- tential, 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 7-5.15 (,c).il) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 7-5.17 PROVISIONS FOR FLOOD HAZARD REDUCTION• (3) If no floodway is identified then a set back of Twenty five (25) feet from the bank(s) of the watercourse will be established, where encroachment will be prohibited. (d) SHALLOW FLOODING. Located within the areas of special flood hazard established in Section7-5.04are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: -16- (40 (1) All new construction and substantial improvements of residential structures have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the community's FIRM. (2) All new construction and substantial improvements of nonresidential structures shall: (i) have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the FIRM, or (ii) together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. SECTION 6. EFFECTIVE DATE. POSTING. This ordinance shall be in full force and effect thirty (30) days from and after its passage, and shall be posted within the City of the Town of Los Altos Hills in three (3) public places. Mayor ATTEST" City Clerk I HEREBY CERTIFY that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of the Town of Los Altos Hills on the 5th day of September , 1979, and was thereafter passed and adopted on the 19th day of September , 1979. City Clerk