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HomeMy WebLinkAboutNS-2631 - Amending Chapter 7 of Santa Ana Municipal Code to Adopt and Amend the Most Recently Enacted Federal Model Floodplain Management RegulationsORDINANCE NO. NS-2631 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 7 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND THE MOST RECENTLY ENACTED FEDERAL MODEL FLOODPLAIN MANAGEMENT REGULATIONS Lss/4/03/03 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: The City of Santa Ana enfomes Federal Floodplain Management Agency (FEMA) regulations in order that its residents may obtain flood insurance and be eligible for federally insured loans. FEMA has enacted amendments to its regulations and requires the City to adopt those amendments to comply with FEMA regulations. A small portion of the northwest area of the City, and an area adjacent to the Santiago Creek bed are subject to FEMA regulations as those areas may experience shallow flooding. SECTION 2: In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption E R 2003-107 will be filed for the project. Pursuant to Title XIV, California Code of Regulations, ("CCR") sec. 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed amendments will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. Therefore, pursuant to Fish and Game Code sec. 711.2 and Title XIV, CCR sec. 735.5 (a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this ordinance. SECTION 3: Section 7-6 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-6. Delegation of responsibilities. The responsibilities and powers imposed by this chapter on the city manager, deputy city manager for development services, and executive director of public works may be Ordinance No. NS-2631 Page 1 of 13 delegated by them to designated authorized representatives. The deputy city manager for development services shall be responsible for the day-to-day administration and enforcement of this chapter and shall be the city's contact with the Federal Emergency Management Agency and other interested parties. SECTION 4: Section 7-7 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-7. Definitions. As used herein the following terms have the following respective meanings: (a) Base flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year. (b) Basement means any floor level below the first stow of a building as defined in the Building Code adopted by the City. (c) Development means any manmade 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. (d) Flood, flooding or flood water means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters and/or unusual and rapid accumulation or runoff of surface waters from any source. (e) 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. (f) Flood Insurance Study means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. (g) 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, structures, and their contents. (h) Hardship means, as related to Division 3 "Variances", the exceptional hardship that would result from a failure to grant the requested variance. The City requires that the variance be exceptional, unusual, and peculiar to the property involved. (i) Highest adjacent grade is the lowest point of elevation of the finished surface of the ground or the highest original grade, paving or sidewalk within the area between the Ordinance No. NS-2631 Page 2 of 13 building and the property line or, when the property line is more than 5 feet from the building, between the building and a line 5 feet from the building. (j) Lowest floor means the lowest floor of the lowest enclosed area, including basement. (k) Manufactured home means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. (I) 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 FIRM are referenced. (m) New construction means, for floodplain management purposes, structures for which the start of construction commenced on or after the effective date of floodplain management regulations adopted by the City of Santa Ana, and includes any substantial improvements to such structures. (n) Person includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. (o) Public works construction means any construction or development undertaken pursuant to specifications prepared or approved by the executive director of public works or his authorized representative. (p) Regulatory 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 a designated height. (q) Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. (r) Special flood hazard area (SFHA) means an area in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year. It is shown on FIRM as Zone AO or AE. (s) Start of construction includes substantial improvement, and means the date the building permit was submitted for approval, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. (t) Structure means a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home. (u) Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which exceeds fifty (50) percent of the current assessed value or Ordinance No. NS-2631 Page 3 of 13 which increases the size of the of the enclosed first floor or basement area of a structure by more than fifty percent (50%) of the original enclosed area. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or city 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. (v) Violation means the failure of a structure or other development to be fully compliant with this ordinance. (w) Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD)of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (x) Watercourse means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. SECTION 5: Section 7-8 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-8. Prospective application. (a) The regulations imposed by this chapter shall apply to structures and manufactured homes only if the start of construction or substantial improvement occurs after the effective date of this chapter. Any amendment to such regulations shall apply only if the start of construction occurs after the effective date of such amendment. (b) "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. .SECTION 6: Section 7-10 is added to the Santa Ana Municipal Code to read in full as follows: Sec. 7-10. Warning and disclaimer of liability. The degree of flood protection required b y t his ordinance i s 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 manmade or natural causes. This ordinance 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 ordinance shall not create liability on the part of the City of Santa Ana, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that Ordinance No. NS-2631 Page 4 of 13 result from reliance on this ordinance or any administrative decision lawfully made hereunder. SECTION 7: Section 7-21 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-21. Permit requirement. (a) No building permit required by Article II of Chapter 8 of this Code shall be issued for any new construction or other development in the A, AO or AE zones which fails to comply with the requirements of this chapter. (b) No permit required for installation of a manufactured home, for which the deputy city manager for development services is the enforcement authority, under Division 13 of the Health and Safety Code of the State of California, shall be issued for the placement of a manufactured home in the AO or AE zones which fail to comply with the requirements of this chapter. (c) Any proposed construction or other development (other than public works construction) in the A, AO or AE zones, including the placement of manufactured homes, for which a permit is not required under either subsection (a) or subsection (b), shall nevertheless require a permit from the deputy city managerfor development services, and no such permit shall be issued for any such construction, development, or placement which fails to comply with the requirements of this chapter. The executive director of planning and building safety s hall develop such forms and procedures a s may b e necessary for the implementation of this subsection. SECTION 8: Section 7-22 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-22. Violation a misdemeanor. Any person who does or causes to be done any construction or other development in the AO or AE zones, or who places any manufactured home in any such zone, without having first obtained the permit required by section 7-21, is guilty of a misdemeanor. SECTION 9: Section 7-23 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-23. Review of permit applications for state and federal law requirements. The deputy city manager for development services shall review all permit applications submitted pursuant to section 7-21 to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act of 1972, 33 U.S.C. 1334. Ordinance No. NS-2631 Page 5 of 13 SECTION 10: Section 7-24 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-24. General standards for new construction or improvement of structures. No permit for new construction or substantial improvements of structures (including the placement of prefabricated buildings and manufactured homes) shall be approved in the A, AO or AE zones unless all of the following standards are met: (1) The structure must be designed or modified and adequately anchored, to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (2) The structure must be constructed with materials resistant to flood damage. (3) The structure must be constructed by methods and practices that minimize flood damage. (4) The structure must 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. SECTION 11: Section 7-25 of the Santa Ana Municipal Code is hereby amended such that it reads at follows: Sec. 7-25. General development standards. No permit shall be issued for any proposed development, including manufactured home parks or subdivisions, in the A, AO or AE zones until reviewed by the executive director of public works and approved by him as satisfying the following standards, unless it clearly appears to the deputy city manager for development services that the development is of such a minor or limited nature that it will not have any significant adverse effect on the maintenance of such standards: (1) The proposed development must be consistent with the need to minimize flood damage within the A, AO and AE zones. No mobile home shall be placed in a floodway except in an existing mobile home park or existing mobile home subdivision. (2) All public utilities and facilities, such as sewer, gas electrical and water systems must be located and constructed to minimize or eliminate flood damage. (3) Adequate drainage must be provided to reduce exposure to flood hazards. Within the AO and AE zones, adequate drainage paths around structures on slopes must be provided to guide floodwaters around and away from proposed structures. Ordinance No. NS-2631 Page 6 of 13 SECTION 12: Section 7-26 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-26. Base flood elevation data. No application for a permit which pertains to a proposed new development, including manufactured home p arks o r subdivisions, greater than fiffy (50) lots or five (5) acres, whichever is less, in the A, AO or AE zones shall be reviewed or approved unless base flood elevation data is included in the proposal, or unless such data has been previously provided pursuant to section 7-52. SECTION 13: Section 7-27 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-27. Records. The deputy city manager for development services shall: (1) Obtain the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in the A, AO or AE zones; (2) Obtain, if the structure has been floodproofed, the elevation (in relation to mean sea level) to which the structure was floodproofed; and (3) Maintain a record of all such information together with any certificates of floodproofing. Such record shall be maintained for public inspection and furnished upon request, for the determination of applicable flood insurance risk premium rates within the A, AO and AE zones. SECTION 14: Section 7-31 of the Santa Aha Municipal Code is hereby amended such that it reads as follows: Sec. 7-31. AO and AE zone standards--Residential structures. All new construction and substantial improvements of residential structures (other than manufactured homes) in the AO or AE zones must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified for the AO zone, or to or above the base flood elevation specified for the AE zonee on the flood insurance rate maps. SECTION 15: Section 7-32 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-32. Same-Nonresidential structures. Ordinance No. NS-2631 Page 7 of 13 All new construction and substantial improvements of nonresidential structures in the AO or AE zones must either: (1) Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified for the AO zone or to or above the base flood elevation specified for the AE zone on the flood insurance rate maps; or, (2) 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 16: Section 7-33 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-33. Same--Manufactured homes. No manufactured home shall be placed or substantially improved in the AO zone or that portion of a n AE zone not designated as a floodway unless elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation, and securely anchored to resist flotation, collapse, or lateral movement. SECTION 17: Section 7-34 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-34. AE zone - Regulatory floodway. No permit shall be issued for any encroachments, including fill, new construction, substantial improvements, and other development within an AE zone designated as a regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. SECTION 18: Section 7-35 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-35. Same - Residential structures. (a)AII new construction and substantial improvements of residential structures including manufactured homes) within the AE zone must have the lowest floor (including basement) elevated to or above the base flood level shown on the flood insurance rate maps. (b) All new construction and manufactured homes may not be placed in that portion of an AE zone designated as a floodway. Ordinance No. NS-2631 Page 8 of 13 SECTION 19: Section 7-37 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-37. A zone -- Regulatory floodway. (a) Residential structures and manufactured homes may not be constructed or placed in the regulatory floodway. (b) All new construction or substantial improvements of nonresidential structures in the regulatory floodway must have the lowest floor (including basement) elevated or floodproofed to or above the base flood level in accordance with section 7-32. Any base flood elevation data available from a federal, state, or other source, including data developed pursuant to section 7-26, shall be obtained, reviewed, and reasonably utilized prior to issuance of any permit for such construction. SECTION 20: Section 7.41 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-41. Grounds for issuance. The deputy city manager for development services may grant a variance from the requirements of this part if he makes written findings that the following requirements are satisfied: (1) The applicant has shown good and sufficient cause; (2) Failure to grant the variance would result in exceptional hardship to the applicant; (3) The granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, creation of nuisances, fraud on or victimization of the public, or conflict with other city ordinances; and, (4) The variance is the minimum necessary, considering the flood hazard, to afford relief. The granting of variances generally is limited to new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level. Deviations from such limitation may occur; provided, however, that as the lot size increases beyond one-half (1/2) acre, the technical justification for granting a variance increases. SECTION 21: Section 7-42 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-42. Historic place variances. Ordinance No. NS-2631 Page 9 of 13 Variances may be granted by the deputy city manager for development services for the reconstruction, rehabilitation or restoration of any structure listed on the National Register of Historic Places or listed on the inventory of historic places of the State of California, without regard to the requirements of section 7-41. SECTION 22: Section 7-44 of the Santa Aha Municipal Code is hereby amended such that it reads as follows: Sec. 7-44. Procedure. The deputy city manager for development services shall establish forms and procedures appropriate for the processing of variance applications. In any case where the effect of the proposed development on flood levels is doubtful, the application shall be submitted to the executive director of public works for review and recommendation. SECTION 23: Section 7-45 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-45. Notice to applicant. Whenever any variance application is submitted, the deputy city manager for development services shall deliver written notice, signed by him, to the applicant that: (1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and, (2) Such construction below the base flood level increases risks to life and property. A copy of each notice shall be included with the records maintained pursuant to section 7- 47. SECTION 24: Section 7-46 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-46. Appeals. Any denial of a variance by the deputy city manager for development services may be appealed by the applicant to the Board of Appeals, which may affirm such decision or, upon making new written findings as required by section 7-41, grant the variance. SECTION 25: Section 7-47 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-47. Records. Ordinance No. NS-2631 Page 10 of 13 The deputy city manager for development services shall maintain a record of all variance actions, including justification for issuance. All variances issued shall be reported to the federal insurance administrator pursuant to section 7-3. SECTION 26: Section 7-51 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-51. General development standards. The executive director of public works shall review the following proposals for development in the A, AO and AE zones: (a) All public works construction proposals; (b) All tentative subdivision maps; and, (c) All development proposals referred to him pursuant to section 7-25; and shall approve, conditionally approve, or disapprove them based on his determination of whether the following standards are satisfied: (1) The proposed development must be consistent with the need to minimize flood damage within the A, AO and AE zones. (2) All public utilities and facilities, such as sewer, gas, electrical, and water systems must be located and constructed to minimize or eliminate flood damage. (3) Adequate drainage must be provided to reduce exposure to flood hazards. Within the AO zone, adequate drainage paths around structures on slopes must be provided to guide floodwaters around and away from proposed structures. SECTION 27: Section 7-52 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-52. Base flood elevation data. No tentative or final subdivision map which pertains to a proposed subdivision greater than fifty (50) lots or five (5) acres, whichever is less, in the A, AO or AE zones shall be approved unless base flood elevation data is included in or with the tentative map. SECTION 28: Section 7-53 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-53. Water supply systems. Ordinance No. NS-2631 Page 11 of 13 The executive director or public works shall assure that new and replacement water supply systems in the A, AO and AE zones are designed to minimize or eliminate infiltration of floodwaters into the systems. SECTION 29: Section 7-54 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-54. Sewerage systems. The executive director o f public works s hall assure t hat new a nd replacement sanitary sewerage systems in the A, AO and AE zones are designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. SECTION 30: Section 7-55 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 7-55. Waste disposal systems. The executive director of public works shall assure that on-site waste disposal systems in the A, AO and AE zones are located to avoid impairment to them or contamination from them during flooding. SECTION 31: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 16th day of June, 2003. Ordinance No. NS-2631 Page 12 of 13 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Eau~a Sheed~/ / Assistant City Attorney AYES: NOES: ABSENT: ABSTAIN: Councilmembers: Councilmembers: Councilmembers: Councilmembers: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) None (0) None (0) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2631 to be the original ordinance adopted by the City Council of the CityofSanta Aha on June 16, 2003, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-2631 Page 13 of 13