HomeMy WebLinkAboutOrdinance 193 ORDINANCE NO. 193
AN ORDINANCE ADDING CHAPTER 5 TO ARTICLE 7 OF THE CITY
OF ATASCADERO MUNICIPAL CODE RELATING TO
FLOOD DAMAGE PREVENTION
The Council of the City of Atascadero does hereby ordain as
follows:
Section 1. Text
Chapter 5 is hereby added to Article 7 of the Atascadero
Municipal Code as follows:
SEC. 7-5.100 - FLOOD DAMAGE PREVENTION
This Ordinance is enacted to protect the health, safety and
welfare of the citizens of Atascadero and their property and to
meet the requirements of state and federal legislation.
SEC. 7-5.101 STATUTORY AUTHORIZATION
The Legislature of the State of California has in Government Code
Sections 65302, 65560 and 65800 conferred upon local government
units authority to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry.
Therefore, the City Council of the City of Atascadero does ordain
as follows:
SEC. 7-5.102 - FINDING OF FACT
A. The flood hazard areas of the City of Atascadero 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.
B. These flood losses are caused by the cumulative effect of
obstructions in areas of special flood hazardswhich
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.
SEC. 7-5.103 - 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
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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 associa-
ted 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; and
H. To insure that those who occupy the areas of special flood
hazard assume responsibility for their actions.
SEC. 7-5.104 - 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
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 alterations of natural floodplains, 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; and
E. Preventing or regulating the construction of flood barriers
which will unnaturally divert flood waters or which may
increase flood hazards in other areas.
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SEC. 7-5.200 - DEFINITIONS
Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the meaning
they have in common usage and to give this ordinance its most
reasonable application.
A. "Appeal" means a review of the Floodplain
Administrator' s interpretation of any provision of this
ordinance or a request for standards modification.
B. "Area of shallow flooding" means a designated AO, or AH
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 indeterminate; and velocity flow may
be evident.
C. "Area of special flood-related erosion hazard" is the
area subject to severe flood-related erosion losses.
The area is designated as Zone E on the Flood Insurance
Rate Map (FIRM) .
D. "Area of special flood hazard" - See "special flood
hazard area" .
E. "Base flood" means the flood having a one percent
chance of being equalled or exceeded in any given year
(also called the "100-year flood") .
F. "Basement" means any area of the building having its
floor subgrade (below ground level) on all sides.
G. "Breakaway walls" are any type of walls, whether solid
or lattice, and whether constructed of concrete,
masonry, wood, metal, plastic or any other suitable
building material which is not part of the structural
support of the building and which is designed to break
away under abnormally high tides or wave action
without causing any damage to the structural integrity
of the building on which they are used or any buildings
to which they might be carried by flood waters. 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 architect 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
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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.
H. "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.
I. "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 or 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 flash flood or
an abnormal tidal surge, or by some similarly unusual
and unforeseeable event which results in flooding as
defined in this definition.
J. "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.
K. "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.
L. "Flood Insurance Study" means the official report
provided by the Federal Insurance Administration that
includes flood profiles, the FIRM, the Flood Boundary
and Floodway Map, and the water surface elevation of
the base flood.
M. "Floodplain or flood-prone area" means any land area
susceptible to being inundated by water from any source
(see definition of "flooding") .
N. "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
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floodplain management regulations.
O. "Floodplain management regulations" means zoning
ordinances, sub-division regulations, building codes,
health regulations, special purpose ordinances (such as
floodplain ordinance, grading ordinance and erosion
control ordinance) and other application 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.
P. "Floodproofing" means any combination of structural and
nonstructural 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.
Q. "Floodway" means the channel of a river or other
watercourse and the adjacent land areas that must be
reserved in order to dischargethebase flood without
cumulatively increasing the water surface elevation
more than one foot. Also referred to as "Regulatory
Floodway" .
R. "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 facil-
ities, but does not include long-term storage or
related manufacturing facilities.
S. "Highest adjacent grade" means the highest natural
elevation of the ground surface prior to construction
next to the proposed walls of a structure.
T. "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 designrequirements of this
ordinance.
U. "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
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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 consecutive days.
V. "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.
W. "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 community' s Flood Insurance
Rate Map are referenced.
X. "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
community.
Y. "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 ordinance.
Z. "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.
AA. "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 its noncompliance.
Ways that impacts may be reduced include protecting the
structure or other affected development from flood
damages, implementing the enforcement provisions of the
ordinance or otherwise deterring future similar
violations, or reducing Federal financial exposure with
regard to the structure or other development.
BB. "Riverine" means relating to, formed by, or resembling
a river (including tributaries) , stream, brook, etc.
CC. "Special Flood Hazard Area (SFHA) " means an area having
special flood or flood-related erosion hazards, and
shown on a FHBM or FIRM as Zone A, AO, Al-30, AE, A99,
or AH,
DD. "Start of construction" includes substantial
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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.
EE. "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.
FF. "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, 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.
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GG. "Standards modification" means a grant of relief from
the requirements of this ordinance which permits
construction in a manner that would otherwise be
prohibited by this ordinance.
HH. "Violation" means the failure of a structure or other
development 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 in this ordinance is presumed to be in
violation until such time as that documentation is
provided.
SEC 7-5.301 - LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood
hazards, areas of flood-related erosion hazards within the
jurisdiction of the City of Atascadero.
SEC. 7-5.302 - BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD
The areas of special flood hazard, areas of flood-related
erosion hazards identified by the Federal Emergency Management
Agency or the Federal Insurance Administration in a scientific
and engineering report entitled "Flood Insurance Study for City
of Atascadero" latest edition, with an accompanying Flood
Insurance Rate Map is hereby adopted by reference and declared to
be a part of this ordinance. This Flood Insurance Study is on
file at 6500 Palma Avenue. This Flood Insurance Study is the
minimum area of applicability of this ordinance and may be
supplemented by studies for other areas which allow
implementation of this ordinance and which are recommended to the
Atascadero City Council by the Floodplain Administrator.
SEC. 7-5.303 - COMPLIANCE
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the
terms of this ordinance and other applicable regulations. '
Violations of the provisions of this ordinance 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 of Atascadero from taking such lawful
action as is necessary to prevent or remedy any violation.
SEC. 7-5.304 - ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
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where this ordinance and another ordinance, easement, covenant,
or deed restriction conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
SEC. 7-5.305 - INTERPRETATION
In the interpretation and application of this ordinance, all
provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body;
and,
C. Deemed neither to limit nor repeal any other powers
granted under state statutes.
SEC. 7-5.306 - WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance 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 ordinance does not imply that
land outside the areas of special flood hazards, areas of flood
related erosion hazards or uses permitted within such areas will
be free from flooding or flood damages. This ordinance shall not
create liability on the part of the City of Atascadero, any
officer or employee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance
on this ordinance or any administrative decision lawfully made
thereunder.
SEC. 7-5.307 - SEVERABILITY
This ordinance and the various parts thereof are hereby declared
to be severable. Should any section of this ordinance be
declared by the courts to be unconstitutional or in-valid, such
decision shall not affect the validity of the ordinance as a
whole, or any portion thereof other than the section so declared
to be unconstitutional or invalid.
SEC. 7-5.400 - ADMINISTRATION
Administration of this ordinance is vested with the Community
Development Director.
SEC. 7-5.401 - ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be obtained before construction or
development begins within any area of special flood hazards,
areas of flood-related erosion hazards or established in Section
7-5. 302. Application for a Development Permit shall be made on
forms furnished by the Floodplain Administrator and may include,
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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:
A. Proposed elevation in relation to mean sea level, of
the lowest floor (including basement) of all
structures; in Zone AO, elevation of highest adjacent
grade and proposed elevation of lowest floor of all
structures;
B. Proposed elevation in relation to mean sea level to
which any structure will be floodproofed;
C. All appropriate certifications listed in Section 7-
5. 403.D of this ordinance; and
D. Description of the extent to which any watercourse will
be altered or relocated as a result of proposed
development.
SEC. 7-5.402 - DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The Community Development Director is hereby appointed to
administer and implement this ordinance by granting or denying
development permits in accordance with its provisions.
SEC. 7-5.403 - DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN
ADMINISTRATOR
The duties and responsibilities of the Floodplain Administrator
shall include, but not be limited to:
A. Permit review.
1. Review all development permits to determine that
the permit requirements of this ordinance have
been satisfied.
2. All other required state and federal permits have
been obtained.
3. The site is reasonably safe from flooding.
4. The proposed development, as determined by the
City Engineer, does not adversely affect the
carrying capacity of the areas where based flood
elevations have been determined but a floodway
has not been designated. For purposes of this
ordinance, "adversely affects" means that the
cumulative effect of the proposed development
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when combined with all other existing and
anticipated development will increase the water
surface elevation of the base flood more than one
foot at any point.
B. Use of Other Base Flood Data. When base flood
elevation data has not been provided in accordance with
Section 7-5. 302. , the City Engineer 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 Section 7-5. 501.
Any such information shall be submitted to the
Atascadero City Council for adoption.
C. Whenever a watercourse is to be altered or relocated:
1. 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.
2. Require that the flood carrying capacity of the
altered or relocated portion of said watercourse
is maintained.
D. Obtain and maintain for public inspection and make
available as needed:
1. The certification required in Section 7-5. 501.C. 1
(floor elevations) ;
2. The certification required in Section 7-5. 501.C. 2
(elevations in areas of shallow flooding) ;
3. The certification required in Section 7-5. 501.C.
3.c (elevation or floodproofing of nonresidential
structures) ;
4. The certification required in Section 7-5. 501.C.
4.a or SEC. 7-5. 501.C. 4.b (wet floodproofing
standard) ;
5. The certified elevation required in Section 7-
5. 503.B (subdivision standards) ;
6. The certification required in Section 7-5. 505.A
(,floodway encroachments) ;
E. Make interpretations where needed, as to the exact location
of the boundaries of the areas of special flood hazards,
areas of flood-related erosion hazards or for example, where
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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 7-5. 600.
F. Take action to remedy violations of this ordinance as
specified in Section 7-5. 303 herein.
SEC. 7-5.500 - PROVISIONS FOR FLOOD HAZARDREDUCTION
The following sections are for the reduction of flood hazards.
SEC. 7-5.501 STANDARDS OF CONSTRUCTION
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 resulting
from hydrodynamic and hydrostatic loads, including
the effects of buoyancy.
2. All new construction and substantial improvements
shall be constructed with materials and utility
equipment resistant to flood damage.
3. All new construction and substantial improvements
shall be constructed with electrical, heating,
ventilation, plumbing and 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.
4 Require within Zones AH, or AO, adequate drainage
paths around structures on slopes to guide flood
waters around and away from proposed structures.
C. Elevation and Floodproofing
1. New construction and substantial improvement of
any structure shall have the lowest floor,
including basement, elevated to or above the base
flood elevation. Nonresidential structures may
meet the standards in Section 7-5. 501.C. 3. 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 Engineer to
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be properly elevated. Such certification or
verification shall be provided to the Floodplain
Administrator.
2. New construction and substantial improvement of
any structure in Zone AH, or AO 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 7-5.501.C. 3. if, upon 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 Engineer to be properly
elevated. Such certification or verification
shall be provided to the Floodplain Administrator.
3. Nonresidential construction shall either be
elevated in conformance with Section 7-5. 501.C. 1.
or 2. or together with attendant utility and
sanitary facilities:
a. Be floodproofed so that below the base flood
level the structure is watertight with walls
substantially impermeable to the passage of
water;
b. Have structural components capable of
resisting hydrostatic and hydrodynamic loads
and effects of buoyancy; and
C. Be certified by a registered professional
engineer or architect that the standards of
this subsection are satisfied. Such
certifications shall be provided to the
City Engineer.
4. Require, for all new construction and substantial
improvements, 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 requirement must either be certified
by a registered professional engineer or architect
or meet or exceed the following minimum criteria:
a. Either a minimum of two openings having a
total net areas of not less than one square
inch for every square foot of enclosed area
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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
b. Be certified to comply with a local
floodproofing standard approved by the
Federal Insurance Administration.
5. Manufactured homes shall also meet the standards
in Section 7-5. 504.
SEC. 7-5.502 STANDARDS FOR UTILITIES
A. 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.
B. On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them
during flooding.
SEC. 7-5.503 STANDARDS FOR SUBDIVISIONS
A. All preliminary subdivision proposals shall identify
the flood hazard area and the elevation of the base
flood
B. 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 submitted to the City Engineer
for review prior to transmittal to the Floodplain
Administrator.
C. All subdivision proposals shall be consistent with the
need to minimize flood damage.
D. All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood
damage.
E. All subdivisions shall provide adequate drainage to
reduce exposure to flood hazards.
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SEC. 7-5.504 - STANDARDS FOR MANUFACTURED HONES
All new and replacement manufactured homes and additions to
manufactured homes shall:
A. Be elevated so that the lowest floor is at or above the
base flood elevation; and
B. Be securely anchored to a permanent foundation system
to resist flotation, collapse or lateral movement.
SEC. 7-5.505 FLOODWAYS
Located within areas of special flood hazard established in
Section 7-5.302 are areas designated as floodways. Since the
floodway is an extremely hazardous area due to the velocity of
flood waters which carry debris, potential projectiles, and
erosion potential, as determined by the Floodplain Administrator
the following provisions apply:
A. Prohibit encroachments, including fill, new construc-
tion, 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.
B. If Section 7-5.505.A is satisfied, all new construction
and substantial improvements shall comply with all
other applicable flood hazard reduction provisions of
Section 5.
SEC 7-5.507 FLOOD-RELATED EROSION-PRONE AREAS
A. The Floodplain Administrator shall require permits for
proposed construction and other development within all
flood-related erosion-prone areas as known to the
community.
B. Such permits shall be reviewed to determine whether the
proposed site alterations and improvements will be
reasonably safe from flood-related erosion and will not
cause flood-related erosion hazards or otherwise
aggravate the existing hazard.
C. If a proposed improvement is found to be in the path of
flood-related erosion or would increase the erosion
hazard, such improvement shall be relocated or
adequate protective measures shall be taken to avoid
aggravating the existing erosion hazard.
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D. Within Zone E on the Flood Insurance Rate Map, a
setback is required for all new development from the
ocean, lake, bay, riverfront or other body of water to
create a safety buffer consisting of a natural
vegetative or contour strip. This buffer shall be
designated according to the flood-related erosion
hazard and erosion rate, in relation to the anticipated
"useful life" of structures, and depending upon the
geologic, hydrologic, topographic and climatic
characteristics of the land. The buffer may be used
for suitable open space purposes, such as for
agricultural, forestry, outdoor recreation and wildlife
habitat areas, and for other activities using temporary
and portable structures only.
SEC. 7-5.600 - STANDARDS MODIFICATION AND APPEALS PROCEDURE.
The following sections shall govern the processing of appeals and
modification of standards.
SEC. 7-5.601 - APPEALS
A. The Planning Commission of The City of Atascadero
shall hear and decide appeals and requests for
standards modification from the requirements of this
ordinance.
B. The Planning Commission shall hear and decide appeals
when it is alleged there is an error in any
requirement, decision, or determination made by the
Floodplain Administrator in the enforcement or
administration of this ordinance.
C. In passing upon such applications, the Planning
Commission shall consider all technical evaluations,
all relevant factors, standards specified in other
sections of this ordinance, and:
1. The danger that materials may be swept onto other
lands to the injury of others;
2. The danger of life and property due to flooding or
erosion damage;
3. The susceptibility of the proposed facility and
its contents to flood damage and the effect of
such damage on the individual owner;
4 The importance of the services provided by the
proposed facility to the community;
5. The availability of alternative locations for the
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proposed use which are not subject to flooding or
erosion damage;
6. The compatibility of the proposed use with
existing and anticipated development;
7. The relationship of the proposed use to the
comprehensive plan and floodplain management
program for that area;
8. The safety of access to the property in time of
flood for ordinary and emergency vehicles;
9. The expected heights, velocity, duration, rate of
rise, and sediment transport of the flood waters
expected at the site; and,
10. 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. Generally, standards modifications 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 7-5. 601.C. 1. through 7-5. 601.C. 11 have
been fully considered. As the lot size increases
beyond one half acre, the technical justification
required for issuing the standards modification
increases.
E. Upon consideration of the factors of Section 7-5. 601.0
and the purposes of this ordinance, the Planning
Commission may attach such conditions to the granting
of standards modification as it deems necessary to
further the purposes of this ordinance.
F. The Floodplain Administrator shall maintain the records
of all appeal actions and report any standards
modifications variances to the Federal Insurance
Administration upon request.
SEC. 7-5.602 CONDITIONS FOR STANDARDS MODIFICATION
A. Standards Modification may be issued for the
reconstruction, rehabilitation or restoration of
structures listed in 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.
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0 •
B. Standards modifications shall not be issued within any
designated floodway if any increase in flood levels
during the base flood discharge would result.
C. Standards Modifications shall only be issued upon a
determination that the standards modification is the
minimum necessary, considering the flood hazard, to
afford relief.
D. Standards Modifications shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the
standards modification would result in exceptional
hardship to the applicant; and
3. A determination that the granting of a standards
modification 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, or
conflict with existing local laws or ordinances.
E. Standards Modifications 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
7-5. 602.A through 7-5. 602.D are satisfied and that the
structure or other development is protected by methods
that minimize flood damages during the base flood and
create no additional threats to public safety.
F. Any applicant to whom a standards modification 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
commensurate with the increased risk resulting from the
reduced lowest floor elevation. A copy of the notice
shall be recorded by the Floodplain Administrator in
the office of the San Luis Obispo County Recorder and
shall be recorded in a manner so that it appears in the
chain of title of the affected parcel of land.
Section 2. Publication
The City Clerk shall cause this Ordinance to be published in the
Atascadero News, a newspaper of general circulation, printed,
published, and circulated in this City, once within fifteen (15)
days after its passage, in accordance with Government Code
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Section 36933; and shall certify the adoption of this Ordinance;
and shall cause this Ordinance and certification to be entered
into the Book of Ordinances of this City.
Section 3. Effective Date
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.
On motion by Councilmember Dexter and seconded by
Councilmember Mackey the foregoing Ordinance is
hereby adopted in its entirety by the following vote:
AYES: Councilmember Dexter, Mackey, Shiers, Lilley and Mayor Borgeson
NOES: None
ABSENT: None
Adopted: 5-9-89
BON ORGESON, M yor
City of Atascadero
ATTEST:
A L'A±�
BOYD . SHARIT
City Clerk
APPROVED AS TO CONTENT:
JAS
HENRY ENGE14
Community Dbvelopment irector
PAUL SENSIBAUGH
City Engineer
APPROVED AS TO FORM:
F Y OR NSEN
A to+ y
A
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