HomeMy WebLinkAboutOrdinance 059 ORDINANCE NO. 59
AN ORDINANCE OF THE CITY OF ATASCADERO REPEALING
CHAPTER 19. 68 WHICH PROHIBITED THE ISSUANCE OF
BUILDING PERMITS UPON CERTAIN PROPERTY IN THE
AMAPOA-TECORIDA AREA AND ESTABLISHING CERTAIN
DEVELOPMENT STANDARDS INTENDED TO PROTECT NEW
t STRUCTURES AND ADDITIONS TO EXISTING STRUCTURES
FROM FLOODING HAZARDS OCCURRING ON CERTAIN
PROPERTY IN THE AMAPOA-TECORIDA AREA.
The Council of the City of Atascadero ordains as follows :
Section 1 . The Atascadero Municipal Code is amended by repealing
Chapter 19 . 68 , including all applicable provisions of San Luis Obispo
' County Ordinance No. 1866 , entitled "Prohibiting the issuance of
building permits for construction upon those certain properties which
have been subjected to flooding in the Amapoa-Tecorida area of
Atascadero. "
' Section 2. Chapter 1 of Title 8 is added to the Atascadero Muni-
cipal Code to read as follows:
TITLE 8 . BUILDING REGULATIONS
Chapter 1 . Development standards intended to pro-
tect new structures and additions to existing
structures from flooding hazards occurring on cer-
tain property in the Amapoa-Tecorida area .
' Section 8-1 . 01 . Purpose: These development standards are inten-
ded to minimize potential hazards to life and property from potential
inundation by a 100-year frequency flood or by other flood hazards
known to exist in the Amapoa-Tecorida area.
Section 8-1 .02. APlicability of Flood Hazard Development
tandards
(a) These development standards shall apply to the following
property described by lot and block number , including sub-
divided portions of said lots:
' Block Lot
VA 1-13 , inclusive
UA 1-6 and 20-44 , inclusive
PB 6-30 , inclusive
QB 6-31 , inclusive; and 2
OB 20-32, inclusive
Ordinance No. 59
EC 1-20 , inclusive
DC 1-40, inclusive
CC 23-46 , inclusive; and 66
is 1-8 , 25-41 , inclusive ;
1 and 39A, 39B, 40A
(b) These development standards shall apply to all development
and construction activities , including grading , on property
described in Subsection (a) of this Section, except for the
following:
( 1 ) Temporary Uses : With the approval of the City En-
gineer , the Planning Department may authorize construc-
tion of a temporary structure or, use without meeting
these standards , provided that the structure or use will
not be in place from October 15 to April 15 .
(2) Emergency Work: Emergency work may be undertaken
were necessary to preserve life or property. Within
48 hours after commencement of such work, the City
Engineer is to be notified and an application filed
with the Planning Department in compliance with the
provisions of this Chapter .
(3) Existing Uses : The continuance , operation , repair ,
or maintenance of any lawful use of land existing on the
effective date of this Chapter is permitted. Any expan-
sion of an existing structure or use , or grading of a
' site, shall be conducted in accordance with all appli-
cable provisions of this Chapter .
' Section 8-1 . 03. Drainage Plan and Related Requirements: Drainage
Plan approval is required for all development activities which are
subject to the requirements of this Chapter . Drainage plans shall be
submitted with a Departmental Review or Conditional Use Permit -appli-
cation , when either is required by zoning regulations , or with a
building or grading permit application.
(a) Drainage Plan Preparation and Content : Drainage plans are
to be neatly and accurately drawn , at an appropriate scale
' that will enable ready identification and recognition of
submitted information . Drainage plans are to be prepared by
- a registered civil engineer. A drainage plan shall contain
the following information :
( 1 ) Flow lines of surface waters onto and off the site .
' (2) Existing and finished contours at two-foot intervals ,
including location and extent of any grading.
(3) Building pad , finishedfloor and street elevations
(both existing and proposed) .
r
2
Ordinance •
No• 59
' (4) Existing and proposed drainage chane
age swales, ditches and berms, els including drain
(5) Location and design of an
age or for conveyance. of r proposed facilities for stor-
age
runoff into indicated drainage
including sumps , basins drainage
Ponds, storm drains , channels, culverts ,
and drop inlets.
(6) Estimates of
from the from and increased runoff resulting
proposed improvements.
(7) Proposed erosion and sedimentat '
(8) Proposed flood- 1on control measures .
proofing measures.
(9) An evaluation of
adjacent the effects of projected run-
' Property and existing off on
systems , g drainage facilities and
( 10) A normal depth analysis or other equivalent
analysis that demonstrates q alent engineering
City Engineer that proposed structue saitis action of the
Gated in the floodway, not be lo-
' ( 11 ) Cross-sections showing the normal
way, elevation of the land areas adjoining each
the side
of
the channel , cross-sections of the areas to bech side of
by the proposed development and high-water °ecupied
sufficient to define the 100 year storm
level. Information
flood profile
( 12) Where data required by Subsection
indicIndicates proposed a of this
ate but oposen theructurefrin e Section
are located outside the
shall be provided for review and fringe, a structural
shall
Official, approval b Plan '
structures The plan shall demonstrate that the Build-
withstand are designed to be flood free or bepable sto
will not partial inoucdUtant' and that
subject proposed uses
Such structural Occupants to undue risk of flooding.
specifications plans shall include, where
for building applicable,
grading, channel improvement, construction dredging,
water supply, and sanitary facilities , g °f materials,
' (b) Drana a Plan Review and A
royal•
( 1`) All drainage plans shall be •submitted
I Department. The Plannin to the Planning
g to
shall coordinate
review of the
by the Cit plans which shall be subject to approval
Y Engineer .
(2) Where required b
inspection y the City Engineer , a
agreement shall be entered into. Afee check and
Plan checking and inspection services .maY
be charged f
3 '
Ordinance No . 59
(3) Any required drainage facilities shall be inspected and
approved before utilities are released or occupancy is
allowed .
(c) Drainage Standards :
( 1 ) Drainage systems and facilities that will be located in
existing or future public right-of-way shall be designed
and constructed as set forth in the City Engineering
Department Standard Improvement Specifications and
Drawings . Other systems and facilities shall be de-
signed in accordance with good engineering practices .
(2) Proposed projects may include design provisions to re-
tain off-site natural drainage patterns and limit peak
runoff to predevelopment levels when required by the
City Engineer .
1 (3) Buildings are not permitted in an area determined by the
City Engineer to be subject to flood hazard by reason on
inundation , overflow or erosion , except where provisions
1 are made to eliminate such hazards to the satisfaciton
of the City Engineer . Such provisions may include pro-
viding adequate drainage facilities , protective walls ,
suitable fill , raising the floor level of the building
or by other means. The placement of the building and
other structures ( including walls and fences) on the
building site shall be such that water or mudflow will
' not be a hazard to the building or adjacent property.
The City Engineer in the application of this standard
shall enforce as a minimum the current federal flood
plain management regulations as defined in Title 24 ,
Chapter X, Subchapter B, National Flood - Insurance Pro-
gram, Part 1910.
Section 8-1 .04 . Construction Standards .
(a) Construction : General :
( 1 ) No construction or grading is to limit the capacity of
' the floodway or increase flood heights above that
allowed under the Federal Flood Insurance Program.
(2) Structures are to be anchored to prevent flotation that
' could result in damage to ,otherstructures , or restric-
tion of bridge openings and narrow sections of the
stream or river .
' (3) Service facilities such as electrical and heating equip-
ment and utilities such as electrical , sewer , water ,
gas , and cable television are to be flood-proofed or
constructed at a minimum of one-foot above the 100 year
storm flood profile level for the site .
4
Ordinance No. 59
(b) Structures for Human Occupancy: All structures intended
for human occupancy are subject to the following standards ,
in addition to the provisions of Subsection a of this Subsec-
tion. These standards are not applicable to garages , barns ,
unenclosed patios or similar structures not intended for
human occupancy.
' ( 1 ) A structure intended for human occupancy is to be ap-
proved only where the City Engineer certifies that all
portions of the structure are located outside the flood-
way on the basis of the depth analysis submitted in
' accordance with Section 8-1 .03(a) (b) .
(2) On the basis of structural plans and the depth analysis
' the ground floor of all structures is to be constructed
at a minimum of one-foot above the 100-year storm flood
profile level .
(c) Storage and Processing : The storage or processing of mat-
erials hat in time of flooding are bouyant , inflammable or
explosive; that could be injurious to human, animal, or plant
1 life ; or that may unduly affect the capacity of the floodway
or unduly increase flood heights is not permitted. Storage
of other material or equipment may be allowed if not subject
' to major damage by floods and if firmly anchored to prevent
flotation , or if readily removable from the area within the
time available after flood warning.
Section `8-1 .05 . Flood Elevation Certificate :t ficate : Prior to release of
utilities or allowance of occupancy by the Planning Department , a
Flood Elevation Certificate certifying the lowest floor elevation of
the building shall be submitted to the Planning Department. The form
used shall be that specified by FEMA in conjunction with the Federal
' Flood Insurance Program and it shall be prepared by a registered civil
engineer , licensed architect or licensed land surveyor .
' Section 8-1 . 06 . Special Exceptions : The City Council may, after
conducting a public hearing, grant a special exception to the devel-
opment standards set forth in this Chapter and may, in granting such
' exception , establish conditions deemed necessary to accomplish the
purposes set forth in this Chapter. A special exception shall be
granted only if the City Council determines that each of the following
findings can be met.
' (a) The exception authorized does not constitute aP rant of spe-
cial
cial privileges inconsistent with the limitations upon other
' properties in the vicinity; and
(b) There are special circumstances applicable to the property,
including topography, location, or surroundings , and because
of these circumstances, the application of this Chapter would
deprive the property of privileges enjoyed by other property
in the vicinity; and
5
Ordinance No . 59
(c) The granting of such exception does not , under the circum-
stances and conditions applied in the particular case , ad-
versely affect the health or safety of person , is not mater-
ially detrimental to the public welfare , nor injurious to
nearby property or improvements .
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 this City in accordance with Section 36933 of the Gov-
ernment Code ; shall certify the adoption of this ordinance; and , shall
cause this ordinance and its 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 thirty-first (31st) day after
passage .
The foregoing ordinance was introduced , adopted and ordered pub-
lished at a meeting of the Council held on March 14 ,
1983, by the following vote:
AYES:
Councilmen Mackey, Molina, Stover, Wilkins and Mayor Nelson
NOES: None
' ABSENT: None
ROLFE EL ON, Mayor
A 12 E ST:
' PATS A.� HEIS'ITE, , LDe7pu_t_yCi- ty Clerk
APPROVED AS TO O
ALLEN GRIMES , City Attorney
AA VED A 0 CONTENT;
L. WARDEN, Cl Manager
6
CERTIFICATION
I, PATSY A. HESTER, Deputy City Clerk of the
' City of Atascadero, hereby certify that the foregoing
is a true and correct copy of Ordinance No. 59
adopted by the Atascadero City Council at a regular
meeting thereof held on March 14 , 1983.
Dated; April 19, 1983
A9- tE_l
TS A. HESTER, Deputy City Clerk
City of Atascadero, California
1
i
l
1,
1
1
1
t
t
1