HomeMy WebLinkAboutOrdinance 047 ORDINANCE NO. 47
AN ORDINANCE OF THE CITY OF ATASCADERO
ESTABLISHING REQUIREMENTS IN ACCORDANCE WITH
' THE NATIONAL FLOOD INSURANCE ACT OF 1968
(UNCODIFIED)
WHEREAS, the Atascadero City Council adopted Resolution No. 2-81
approving participation in the National Flood Insurance Program; and
WHEREAS, pursuant to Resolution No. 2-81, certain flood control
regulations are necesary for effective enforcement of the National
Flood Insurance Program; and
' WHEREAS, the Council adopted Ordinance No. 37, establishing in-
terim requirements until such time as the final Flood Insurance Rate
Maps become effective on January 20 , 1981; and
WHEREAS, those interim requirements adopted by Ordinance No. 37
must be replaced with appropriate flood plain management regulations
that apply to areas delineated on the final Flood Insurance Rate Maps.
NOW, THEREFORE, the Atascadero City Council does ordain as
follows:
Section 1. The City Engineer shall be the responsible person and
shall enforce Section 60.3 (d) , Part 60 , -Chapter 1, Title 44 of the
' Code of Federal Regulations which is attached hereto as Exhibit A and
incorporated herein as a port of this Ordinance by reference.
Section 2. The Flood Hazard Boundary Map issued by the Federal
' Emergency Management Agency for this community, dated January 20 ,
1982, with Panel Numbers 060700 0001-0006 , and any officially pub-
lished revisions to this map, are hereby adopted by reference as the
' official map for the enforcement of this Ordinance, designated by Ex-
hibit B. Zone A on this map delineates the area within which the re-
quirements of this Ordinance shall apply.
Section 3. The City Clerk shall cause this Ordinance to be pub-
lished once within fifteen (15) days after its passage in the Atasca-
dero News, a newspaper of general circulation, printed, published and
' circulated in the City in accordance with Section 36937 of the Govern-
ment Code; shall certify the adoption of this Ordinance and shall
cause this Ordinance and this certification to be entered into the
' Book of Ordinances of this City.
Section 4. This Ordinance shall go into effect and be in full
' force and effect at 12:01 a.m. on the 31st day after its passage.
The foregoing ordinance was introduced on December 14, 1981, and
adopted at a regular meeting of the Council held on January 11,
1982.
ORDINANCE NO. 47 - FLOOD INSURANCE
AYES: Councilmen Highland, Mackey, Nelson, Stover and Mayor
' Wilkins
NOES: None
ABSENT: None
t,
RORERT J. WILKINS, R. or
ATTEST:
F
MU RAY . WARDEN, City Clerk
' APPROVED AS TO FORM:
r
ALLEN GRIMES, City Attorney
2
. EXHIBIT A y
§60.1 Title 44-Emergency Management and Assistance
Sec. requirement that all eligible communities tions may be submitted to the State Coordi
60.7 Revisions of criteria for flood plain must take into account flood,mudslide(i.e., nating Agency designated pursuant to
management regulations, mudflow) and flood-related erosion hazards, §60.25 for its advice and concurrence. The
60.8 Definitions. to the extent that they are known, in all submission to the State shall clearly describe
official actions relating to land management proposed enforcement procedures.
rtws Subpart 13-Requirements for State Flood and use. (f) The community official responsible
Plain Management Regulations (d) The criteria set forth inthissubpart for submitting annual reports to the Admin-
are minimum standards for the adoption of istrator pursuant to §59,22(b)(2) of this
60.11 Purpose of this subpart. flood plain management regulations by subchapter shall also submit copies of each
60.12 Flood plain management criteria for flood prone, mudslide(i.e., mudflow)-prone annual report to any State Coordinating
State-owned properties in special haz- and flood-related erosion-prone com- Agency.
and areas. munities. Any community may exceed the (g) A community shall assure that its
60.13' Noncompliance. minimum criteria under this Part by adopt- comprehensive plan is consistent with the ing more comprehensive flood plain mana a flood lain m
g p anagement objectives of this
Subpart C-Additional Considerations in ment regulations utilizing the standards such Part.
Managing Flood-Prone,Mudslide as contained in Subpart C of this ;Part. In (h) The community shall adopt and en-
(i.e.,Mudflow)-Prone,and some instances, community officials may force flood plain management regulations
Flood-Related Erosion-Prone Areas have access to information or knowledge of based on data provided by the Administra-
conditions that require, particularly for tor. Without prior approval of the Admin-
60.21 Purpose of this subpart. human safety, higher standards than the istrator, the community shall not adopt and
60.22 Planning considerations for flood- minimum criteria set forth in Subpart A of enforce flood plain management regulations
prone areas. this Part.Therefore,any flood plain manage- based upon modified data reflecting natural
60.23 Planning considerations for mudslide ment regulations adopted by a State or a or man-made physical changes.
(Le.,mudflow)-prone areas. community which are more restrictive than (i) The community, upon its receipt of
60.24 Planning considerations for flood the criteria set forth in this Part are en- the data set forth in paragraph(c),(d)or(e)
related erosion-prone areas. couraged and shall take precedence. of §60.3 or paragraph (b) of §60.4 or
60.25 State coordination. §60.5, shall inform the appropriate State
60.26 Local coordination. §60.2 Minimum compliance with flood and areawide clearinghouse established in
Authority: Sec. 7(d), 79 Stat. 670; 42 plain management criteria. accordance with Part I of OMB Circular No.
U.S.C. 3535(4); Sec. 1306, 82 Stat.575;42 (a) A flood-prone community applying A-95 (41 FR 2052-2065,January 13,1976),
U.S.C. 4013; Sec. 1361, 82 Stat. 587; 42 for flood insurance eligibility shall meet the that the community has a period of six
U.S.C. 4102; Reorganization PlanNo. 3 of standards of §60.3(a) in order to become months in which to adopt and submit to the
1978 (43 FR 41943) and Executive Order eligible if a FHBM has not been issued for Administrator adequate flood plain manage-
12127, dated Marche 31, 1979. (44 FR the community at the time of application. ment regulations. (The clearinghouses are
19367) and delegation of authority to Fed- Thereafter, the community willbe given a encouraged to assist the community within
eral Insurance Administrator(44 FR 20963). 'period of six months from the date the the six, month period in developing such t
Administrator provides the data set forth in regulations and in assuring regional coordi-
Source: 41 FR 46975, Oct. 26, 1976, nation.)The community shall submit to the
unless otherwise noted. Redesignated at 44 §60.3 (b), (c), (d), or (e)in which to meet a
FR 31177,May 31,1979. - the requirements of the applicable para- PPropriate State and areawide clearing
house concurrent) with its submission to
graph. If a community has received a FHBM, , Y
Subpart A-Requirements for but has not yet applied for Program eligi the Administrator, a copy of all adopted
bility, the community shall apply for eligi- flood plain management regulations in- d
Flood Plain Management bilitydirectly under the standards set forth in tended to comply with paragraphs
Regulations Y p aaphs (c}, (d)
§60.3(b).Thereafter,the community will he or (e) of §60.3 or paragraph(b)of§60.4 or 1
60.5.\Clearin house review, for a period
§60.1 Purpose of subpart, graven a period of six months from the date § g pe od `
the Administrator provides the data set forth not to exceed sixty days from the date a
(a) The Act provides that flood insurance in §60.3(c),(d),or(e)in which to meet the community submits flood plain management
shall not be sold or renewed under the requirements of the applicable paragraph, regulations to the clearinghouse, shall be
program within a community, unless the (b) A mudslide (i.e., mudflow)-prone Provided prior to the Administrator's action
community has adopted adequate flood community applying for flood insurance on such regulations. Clearinghouse com-
plain management regulations consistent eligibility shall meet the standards of ments, or a statement by the community
with Federal criteria. Responsibility for es- §60.4(a)to become eligible. Thereafter,the that no comments or recommendations have
tablishing such criteria is delegated to the community will be given a period of six been received from the clearinghouse,should
Administrator. months from the date the mudslide (i.e., be submitted by the community to the
(b) This subpart sets forth the criteria mudflow) areas having special mudslide Administrator.However,it may be necessary
developed in accordance with the Act by hazards are delineated in which to meet the for the clearinghouse to review the commu
which the Administrator will determine the requirements of§60.4(b). nity s regulations within a shorter time
adequacy of a community's flood plain (c) A flood-related erosion-prone com-
period in the event of pending action to
management regulations. These regulations munity applying for flood insurance eligi. suspend the community's Program participa-
must ,be legally-enforceable, applied uni- bility shall meet the standards of §60.5(a) tion,pursuant to§59.24 of this Subchapter,
formly throughout the community to all pri to become eligible. Thereafter, the com- for failure to adopt adequate flood plain
six months.The Administrator,vately and publicly owned land within flood- munity will be given a period of six months management regulations with the required
prone, mudslide (i.e., mudflow) or flood- from the date the flood-related erosion areas tor,within seven
related erosion areas, and the community . having special erosion hazards are delineated workingmui days of taking a, management
on the
must provide that the regulations take pre- in which to meet the requirements of community's flood plain management sub
'+ cedence over any. less restrictive conflicting § Communities identified in Part 65 60.5(b). mission, shall provide a copy of his/her
as (d)
local laws, ordinances or codes. Exceptdisposition concerning the submission to
otherwise provided in §60.6, the adequacy this subchapter as containing more than onea each clearinghouse from which a comment.
of such regulations shall be determined on type of hazard (e.g., any combination of was received.
the basis of the standards set forth in §60.3 special flood, mudslide [i.e., mudflow],and
for flood-prone areas, §60.4 for mudslide flood-related erosion hazard areas) shall §60.3 Flood plain management criteria for
areas and §60.5 for flood-related erosion adopt flood plain management regulations for flood-prone areas.
' areaseach type of hazard consistent with the The Administrator will provide the data
(c) Nothing in this subpart shall be con- requirements of §§60.3,60.4 and 60.5. upon which floodplain management regula-
strued as modifying or replacing the general (e) Local flood plain management regula- tions shall be based.If the Administrator has
8
§80.4 Title 44—Emergency Management and Assistance
and mobile home subdivisions, and for a notice of final base flood elevations within tions or be constructed with "breakaway
existing mobile home parks and mobile Zones Al-30 on the community's FIRM walls" intended to collapse under stress
home subdivisions where the repair, recon- and,if appropriate,has designated AO zones without jeopardizing the structural support
struction or improvement of the streets, A99 zones and unnumbered A zones on the of the structure so that the impact on the
utilities and pads equals or exceeds 50% of community's FIRM, and has provided data structure by abnormally high tides or wind-
•--y the value of the streets, utilities and pads from which the community shall designate driven water is minimized.Such temporarily
before the repair,reconstruction or improve- its' regulatory floodway, the community enclosed space shall not be used for human
ment has commenced,that (i)stands or lots shall.: habitation;
are elevated on compacted fill or on pilings—AW-(1) Meet the requirements of paragraphs (6) Prohibit the use of fill for structural
so that the lowest floor of the mobile home (c)(1)through(c)(9)of this section; support of buildings within Zones V1-30 on
will be at or above the base flood level, (ii)—,v(2) Select and adopt a regulatory flood- the community's FIRM;
adequate surface drainage and access for a way based on the principle that the area (7) Prohibit the placement of mobile
' hauler are provided, and (iii)in the instance chosen for the regulatory floodway must be homes,except in existing mobile home parks
of elevation on pilings, lots are large enough designed to carry the waters of the base and mobile home subdivisions,within Zones
to permit steps, piling foundations are flood, without increasing the water surface V1-30 on the community's FIRM;
placed in stable soil no more than ten feet elevation of that flood more than one foot (8) Prohibit man-made alteration of sand
apart, and reinforcement is provided for at any point; dunes and mangrove stands within Zones
pilings more than six feet above the ground Prohibit encroachments, including V1-30 on the community's FIRM which
level; fill, new construction, substantial improve- would increase potential flood damage.
--�+-(6) Require for all mobile homes to be ments, and other development within the
placed within Zones Al-30 on the com- adopted regulatory floodway that would §60.4 Flood plain management criteria for
munity's FIRM, but not into a mobile home result in any increase in flood levels within mudslide(i.e.,mudflow)-prone areas.
*'.
park or mobile home subdivision that (i) the community during the occurrence of the The Administrator will provide the data
stands or lots are elevated on compacted fill base flood discharge; upon which flood plain management regula-
or on pilings so that the lowest floor of the -v-(4) Prohibit the placement of any mobile tions shall be based. If the Administrator has
mobile home will be at or above the base homes, except in an existing mobile home not provided sufficient data 'to furnish a
flood level, (ii) adequate surface drainage park or mobile home subdivision,within the basis for these regulations in a particular
and access for a hauler are provided,and(iii) adopted regulatory floodway. community, the community shall obtain,
in the instance of elevation on pilings, lots (e) When the Administrator has provided review, and reasonably y other sources
utilize data available
are large enough to permit steps, piling a notice of final base flood elevations within from other Federal, utiate ze
foundations are placed in stable suit no more Zones Al-30 on the community's FIRM. pending receipt of data from the Administra
than 10 feet apart, and reinforcement is and, if appropriate, has designated AO tor. However, when special mudslide (i.e.,
provided for piers more than six feet above zones, A99 zones and unnumbered A zones p
mudflow) hazard area designations have
ground level; on the community's FIRM, and has identi-
been furnished by the Administrator, they
-tea.• (7) Require within any AO zone on the fied on the community's FIRM Zone V1-30
community's FIRM that all new construct (coastal high hazard area), the community shall apply. The symbols defining such
tion and substantial improvements of resi- shall: special mudslide (i.e., mudflow) hazard
' dential structures have the lowestfloor (1) Meet the requirements of para
raphs designations are set forth in §64.5 of this
g
(including basement) elevated above the (c)(1)through(cx10)of this section; subchapter. In all cases, the minimum re-
crown of the nearest street to or above the 2 purpose re-
quirements for mudslide (i.e., mudflow)
( ) For the p pose of the determination p p y particular com-
depth number specified on the community's of applicable flood insurance risk premium rune areas adopted b a
FIRM; rates within Zone V1-30 on a community's munity depend on the amount of technical
(8) Require within any AO zone on the FIRM,(i)obtain the elevationin relation to data provided to the community by the
community's FIRM that all new construc mean sea level)of the lowest habitable floor Administrator. Minimum standards for cum-
tion and substantial improvements of non- (including basement) of all new or substan- munities are as follows:
residential structures (i) have the lowest tially improved structures, and whether or (a) When the Administrator has not yet
identified any area within the community as
floor (including basement) elevated above not such structures contain a basement, (ii)
the crown of the nearest street to or'above obtain, if the structure has been flood- an area having special mudslide (i.e., mud-
the depth number specified on the FIRM,or proofed, the elevation (in relation to mean flow) hazards, but the community has indi-
cated(ii) together with attendant utility and sani sea level) to which the structure was flood- the presence of such hazards by
' tary facilities be completely flood-proofed proofed, and (iii) maintain a record of allsubmitting an application to participate in
the Pro
to or above that level so that any space such information with the official designated gram,the community shall:
below that level is watertight with walls by the community under §59.22(ax9)(iii)', (1) Require permits for all proposed con
substantially impermeable to the passage of (3) Provide that all new construction struction or other development in the com-
water and with structural components hav- within Zones V1-30 on the community's munity so that it may determine whether
ing the capability of resisting hydrostatic FIRM is located landward of the reach of
development is proposed within mudslide
andg .e.,mudow
hydrodynamic loads and effects of mean high tide; ifl
( )prone areas;
buoyancy; (4) Provide (i) that all new construction (2) Require review of each permit appli-
eation to determine whether the proposed
—:�i. (9) Require within any A99 zones on a and substantial improvements within Zones site and improvements will he reasonable
community's FIRM the standards of para- V1-30 on the community's FIRM are ele safe from-mudslides (i.e., mudflows). Fac-
graphs (a)(1) thru (a)(4)(i) and (b)(5).thru vated on adequately anchored pilings or tors to be considered in making such a
)(9)of this section; columns,and securely anchored to such piles determination should include but not be
(10) Require until a regulatory floodway or columns so that the lowest portion of the limited to (i) the type and quality of soils,
is designated, that no new construction, structural members of the lowest floor (ex- (h) any evidence of ground water or surface
substantial improvements, or other develop- eluding the pilings or columns)is elevated to water problems, (iii) the depth and quality
ment (including fill) shall be permitted or above the base flood level and (ii)that a of any fill,(iv) the-overall slope of the site,
within Zones Al-30 on the community's registered professional engineer or architect and (v)the weight that any proposed struc-
FIRM, unless it is demonstrated that the certify that the structure is securely anture will impose on the slope;
cumulative effect of the proposed develop- chored to adequately anchored pilings or (3) Require, if a proposed site and im-
ment, when combined with all other existing columns in order to withstand velocity provements are in a location that may have
and anticipated development, will not in- waters and hurricane wave wash; mudslide (i.e., mudflow) hazards, that(i) a
crease the Water surface elevation of the base (5) Provide that all new construction and site investigation and further review be made
flood more than one foot at any point substantial improvements within Zones b persons geology and soils
within the community. Y p qualified in eolo
V1-30 on the community's FIRM have the engineering, (ii) the proposed grading, exca-
-Sw (d) When the Administrator has provided space below the lowest floor free of obstruc- vations, new construction, and substantial
' 10
II �
' CERTIFICATION
I hereby certify that the foregoing is a full, true,
' and correct copy of Ordinance No. 47 passed by the
Atascadero City Council at its regular Council meeting held
on January 11, 1982
U Y WARDEN, City C erk
C ty of Atascadero, California