ORD 073ORDINANCE NO. 73
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, REGULATING FLOOD
HAZARD AREAS AND IMPLEMENTING THE NATIONAL FLOOD
INSURANCE PROGRAM.
The City Council of the City of La Quinta, California, does ordain
as follows:
SECTION 1. REPEAL OF EXISTING FLOOD HAZARD REGULATIONS. There is
hereby repealed Subsection 7 of Section 16.02.010 of the La Quinta
Municipal Code which adopted by reference certain regulations of the
County of Riverside regulating flood hazard areas and implementing the
National Flood Insurance Program (County Ordinance No. 458).
SECTION 2. ADOPTION OF FLOOD HAZARD REGULATIONS. There is hereby
adopted attached Exhibit A, adding Chapter 11 entitled "Flood Hazard
Regulations" to Title 8 (Building and Construction), which is incorporated
as fully as if set out at length herein, for the purpose of prescribing
regulations governing conditions related to flood hazards and of imple-
menting the National Flood Insurance Program.
SECTION 3. URGENCY ORDINANCE EFFECTIVE DATE. This ordinance is an
urgency ordinance for the immediate preservation of the public peace,
health, and safety of the City of La Quinta and it shall take effect
immediately upon approval by a four -fifths vote of the City Council and
signature by the Mayor and attestation by the City Clerk. It shall
continue in full force and effect until repealed by ordinance of the
City Council. The facts constituting urgency are as follows: The
Federal Emergency Management Ac;-encl:7 canno-e continue to provide flood
insurance under the County of Riverside program which currently exists
in the City. Areas within the City subject to potential flood hazards
are subject to considerable development pressure at the present time.
The time of year when the City is most susceptible to flooding is fast
approaching. It is essential to assure that flood insurance is available
to the community and that there be no lapses in coverage opportunities
during the transition from the County program to the City program.
Regulations governing construction must be in effect to assure eligibility
for the flood insurance program.
SECTION 4. POSTING. The City Clerk shall within 15 days after the
passage of this ordinance, cause it to be posted in at least the three (3)
public places designated by resolution of the City Council; shall certify
to the adoption and posting of this ordinance; and shall cause this
ordinance and its certification, together with proof of posting, to be
entered in the book of ordinances of this City.
APPROVED and ADOPTED this 2nd day of April , 1985 y by the following vote:
AYES: Council Members Allen, Bchnenberger, Pena, Wolff and Mayor Cox.
NOES: None.
ABSENT: None.
ORDINANCE NO.73
ATTEST:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
CIT NAGER
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TITLE 8 - BUILDING AND CONSTRUCTION
Chapter 8.11 Flood Hazard Regulations
8.11.010. Findings of Fact, Purpose and Objectives.
(a) Findings of Fact.
(1) Flood hazard areas of the City of La Quinta 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 expendi-
tures for flood protection and relief, and impairment of
the tax base, all of which adversely affect the public
health, safety and general welfare.
(2) Flood losses are caused by the cumulative effect of
obstructions in areas of special flood hazards which
increase flood heights and velocities, and when inadequately
floodproofed, elevated or otherwise protected from flood
damage also contribute to the flood loss.
(b) Statement of Purpose. It is the purpose of this Chapter to
promote the public health, safety, and general welfare, and
to minimize public and private losses due to flood conditions
in specific areas by provisions designed:
(1) To protect life and health;
(2) To minimize expenditure of public money for costly flood
control projects;
(3) To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at
the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) 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;
(6) 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 blight areas;
(7) To insure that potential buyers are notified that
property is in an area of special flood hazard; and,
(8) To insure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
(c) Methods of Reducing Flood Losses. In order to accomplish its
purposes, this Chapter includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to
health, safety, and property due to water or erosion
hazards, or which result in damaging increases in erosion
or in flood heights or velocities;
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TITLE 8 - BUILDING AND CONSTRUCTION
(2) Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against
flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains,
stream channels, and natural protective barriers, which
help accommodate or channel flood waters;
(4) Controlling, filling, grading, dredging, and other
development which may increase flood damage; and,
(5) Preventing or regulating the construction of flood
barriers which will unnaturally divert flood waters or
which may increase flood hazards in other areas.
8.11.020. Definitions. Except as specifically defined in this section,
words and phrases used in this Chapter shall be interpreted to give them
the meaning they have in common usage.
(a) "Alluvial Fan" is an area subject to flooding when the flood -
plain is comprised of low flow channels where sediment accompanies
the shallow flooding and the unstable soils scour and erode during
a flooding event.
(b) "Appeal" is a request for a review of the Community Development
Director's interpretation of any provision of this Chapter or a
request for variance from the requirements of this Chapter.
(c) "Area of shallow flooding" is a designated AO or VO Zone on the
Flood Insurance Rate Map (FIRM). The base flood depths range
from one to three feet; a clearly defined channel does not exist;
the path of flooding is unpredictable and indeterminate; and,
velocity flow may be evident.
(d) "Base Flood" is the flood having a one percent chance of being
equalled or exceeded any given year.
(e) "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 so designed as to
break away under abnormally high tides or wave action without
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.
(f) "Development" is any man-made change to improved or unimproved
real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excava-
tion or drilling operations located within the area of special
flood hazard.
(g) "Existing mobile home park or mobile home subdivision" is a
parcel (or contiguous parcels) of land divided into two or more
mobile home lots for rent or sale for which the construction of
facilities for servicing the lot on which the mobile home is to
be affixed (including, at a minimum, the installation of utilities,
either final site grading or the pouring of concrete pads, and the
construction of streets) is completed before the effective date
of this Chapter.
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TiTLE.8 - BUILDING AND CONSTRUCTION
(h) "Expansion to an existing mobile home park or mobile home
subdivision" is the preparation of additional sites by the
construction of facilities for servicing the lots on which
the mobile homes are to be affixed (including the installa-
tion of utilities, either final site grading or pouring of
concrete pads, or the construction of streets).
W "Flood" or "Flooding" is a general and temporary condition
of partial or complete inundation of normally dry land areas
from:
(1) The overflow of inland or tidal waters and/or
(2) The unusual and rapid accumulation or runoff of
surface waters from any source.
(j) "Flood Boundary Floodway Map" is the official map on which
the Federal Insurance Administration has delineated both
the areas of flood hazard and the floodway.
(k) "Flood Insurance Rate Map (FIRM)" is the official map on
which the Federal Insurance Administration has delineated
both the areas of special flood hazards and the risk premium
zones applicable to the community.
(1) "Flood Insurance Study" is the official report provided by
the Federal Emergency Management Agency that includes flood
profiles, the Flood Insurance Rate Map (FIRM), the Flood
Boundary Floodway Map, and the water surface elevation of
the base flood.
(m) "Floodproofing" is any combination of structural and non-
structural additions, changes or adjustments to non-
residential structures which reduce or eliminate flood
damage to real estate or improved property.
(n) "Flood -Related Erosion" is a condition that exists in
conjunction with a flooding event that alters the composi-
tion of the shoreline or bank of a watercourse. One that
increases the possibility of loss due to the erosion of the
land area adjacent to the shoreline or watercourse.
(o) "Floodway" means the channel of a river or other watercourse
and the adjacent land area that must be reserved in order to
discharge the base flood without cumulatively increasing the
water surface elevation more than one (1) foot. The floodway
is delineated on the Flood Boundary Floodway Map.
(p) "Freeboard" means the height of the object above the water
surface, usually applied as a safety factor in hydrologic
design practice.
(q) "Habitable Floor" is any floor usable for living purposes,
which includes working, sleeping, eating, cooking or
recreation, or a combination thereof. For flood insurance
purposes, Habitable Floor and Lowest Floor will share the
same definition.
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TITLE 8 - BUILDING AND CONSTRUCTION
- (r) "Hazard Mitigation Plan" is a plan that incorporates a process,
whereby the potential of future loss due to flooding can be
minimized by planning and implementing alternatives to flood -
plain management community -wide.
(s) "Highest Grade" means the highest natural elevation of the
ground surface prior to construction next to the proposed walls
of a structure.
(t) "Manufactured Unit" is a prefabricated structure in one or more
sections that is assembled on -site with a permanent foundation.
(u) "Mobile Home" is a structure that is transportable in one or
more sections, built on a permanent chassis, and designed to be
used with or without a permanent foundation when connected to
the required utilities. It does not include recreational vehicles
or travel trailers, or manufactured unit housing on permanent slab
foundations.
(v) "New Construction" means structures for which the "start of
construction" commenced on or after the effective date of this
ordinance.
(w) "New Mobile Home Park or Mobile Home Subdivision" is a parcel
(or contiguous parcels) of land divided into two or more mobile
home lots for rent or sale for which the construction of facili-
ties or servicing the lot (including, at the minimum, the
installation of utilities, either final site grading or the
pouring of concrete pads, and the construction of streets) is
completed on or after the effective date of this ordinance.
(x) "Start of Construction" is the first placement of permanent
construction of a structure (other than a mobile home) on a site,
such as the pouring of slabs or footings or any work beyond the
stage of excavation. Permanent construction does not include
land preparation, such as clearing, grading and filling, nor
does it include the installation of streets and/or walkways;
nor does it include excavation for a basement, footings, piers,
or foundations or the erection of temporary forms; nor does it
include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not
as part of the main structure. For a structure (other than a
mobile home) without a basement or poured footings, the "start
of construction" includes the first permanent framing or assembly
of the structure or any part thereof on its piling or foundation.
For mobile homes not within a mobile home park or mobile home
subdivision, "start of construction" means the affixing of the
mobile home to its permanent site. For mobile homes within
mobile home parks or mobile home subdivisions "start of
construction" means the date on which the construction of facili-
ties for servicing the site on which the mobile home is to be
affixed (including, at a minimum the construction of streets,
either final site grading, or the pouring of concrete pads, and
installation of utilities) is completed.
(y) "Structure" is a walled and roofed building or mobile home that
is principally above ground.
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TITLE 8 - BUILDING AND CONSTRUCTION
(z) "Substantial Improvement" means any repair, reconstruction, or
improvement to 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.
This 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.
(aa) "Variance" means a grant of relief from the requirements of this
Chapter which permits construction in a manner that would other-
wise be prohibited by this Chapter. .
8.11.030. General Provisions.
(a) Application of this Chapter. This Chapter shall apply to all
areas of special flood hazards within the jurisdiction of the
City of La Quinta.
(b) Areas of Special Flood Hazard. The areas of special flood
hazard identified by the Federal Insurance Administration,
through the Federal Emergency Management Agency in a scientific
and engineering report entitled "The Flood Insurance Study for
the City of La Quinta", dated December 19 , 1984 , with an
accompanying Flood Insurance Rate Map is hereby adopted by
reference and declared to be a part of this Chanter. -The
Flood Insurance Study is on file in the office of the Community
Development Director of the City of La Quinta.
(c) Compliance. No structure or land shall hereafter be constructed,
located, extended, converted or altered except in compliance with
the provisions of this Chapter and other applicable regulations.
This Chapter is not intended to repeal, abrogate or impair any
existing easements, covenant or deed restriction; however, where
this Chapter and another regulation, covenant or deed restriction
conflict or overlap, whichever imposes the more stringent
restriction shall prevail.
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TITLE 8 - BUILDING AND CONSTRUCTION
(d) Interpretation. In the interpretation and application of this
Chapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and,
(3) Deemed neither to limit nor repeal any other powers
granted under state statutes.
(e) Degree of Flood Protection. The degree of flood protection by
this Chapter is considered reasonable for regulatory purposes
and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood
heights may be increased by man-made or natural causes. This
Chapter does not imply that land outside the areas of special
flood hazards or uses permitted within such areas will be free
from flooding or flood damages. This Chapter shall not create
liability on the part of the City of La Quinta, any officer or
employee thereof, or the Federal Insurance Administration, for
any flood damages that result reliant on this Chapter or any
administrative decision lawfully made thereunder.
8.11.040. Administration.
(a) Establishment of Development Permit. A Development Permit shall
be obtained before construction or development begins within any
area of special flood hazard established in Section 8.11.030(b).
Application for a Development Permit shall be made on forms fur-
nished by the Community Development Director and may include,
but not be limited to: plans in duplicate 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:
(1) Proposed elevation in relation to mean sea level, of the
lowest habitable floor (including basement) of all struc-
tures; in Zone AO elevation of existing grade and proposed
elevation of lowest habitable floor of all structures.
(2) Proposed elevation in relation to mean sea level to which
any structure will be floodproofed;
(3) Certification by a registered professional engineer or
architect that the floodproofing methods for any non-
residential structure meet the floodproofing criteria
in Section 8.11.060(a)(3)(c); and,
(4) Description of the extent to which any watercourse will
be altered or relocated as a result of proposed development.
(b) Designation and Duties of the Administrator. The Community
Development Director is hereby appointed to administer and
implement this Chapter by granting or denying development
permit applications in accordance with its provisions.
TITLE 8 - BUILDING AND CONSTRUCTION
The duties and responsibilities of the Administrator shall
include, but not be limited to:
(1) Review of all development permits to determine that the
permit requirements of this Chapter have been satisfied.
(2) Review of all permits to determine that the site is
reasonably safe from flooding.
(3) Review of all development permits to determine if the
proposed development adversely affects the flood carrying
capacity of the area of special flood hazard. For purposes
of this Chapter, "adversely affected" means that the cumu-
lative effect of the proposed development, when combined
with all other existing and anticipated development, will
not increase the water surface elevation of the base flood
more than one (1) foot at any point.
(4) Review of all proposals for the development of five (5)
parcels or more to assure that the flood discharge exiting
the development after construction is equal to or less than
the flood discharge at the location prior to development.
(c) Base Flood Elevation Data. When base flood elevation data is
not contained in the Flood Insurance Study for the City of
La Quinta, the Community Development Director shall obtain,
review and reasonably utilize any base flood elevation data
available from a Federal, State or other source in order to
administer the specific standards for both residential and
non-residential construction.
(1) Single parcels will be required to elevate the lowest
floor of any residential structure to no less than two (2)
feet above natural grade when base flood data does not
exist. Non-residential structures may elevate or flood -
proof to meet this standard.
(2) Multiple parcels (five or more) will be required to have
all proposals establish the 100-year base flood elevation
before consideration of the preliminary plan for development.
(d) Maintenance of Information. The Community Development Director
shall obtain and maintain for public inspection and make avail-
able as need for flood insurance policies:
(1) The certification required in Sections 8.11.060(a)(3)(A),
(B) and (C) , 8.11.060 (e) (5) , and 8.11.060 (f) (3) ; and
(2) Certification of the elevation of the lowest floor,
floodproofed elevation, or the elevation of the structure's
lowest horizontal member is required at that point where
the footings are set and slab poured. Failure to submit
elevation certification shall be cause to issue a stop -
work order for the project. As -built plans certifying
the elevation of the lowest adjacent grade are also
required.
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TITLE 8 - BUILDING AND CONSTRUCTION
(3) If fill is used to elevate a structure above the base
flood elevation, the permit holder may wish to apply
for a Letter of Map Amendment (LOMA), as set forth in
8.11.070 of this Chapter.
(e) Alteration of Watercourses. The Community Development Director
shall notify adjacent communities and the State Department of
Water Resources and the Federal Emergency Management Agency
prior to any alteration or relocation of a watercourse. He
shall require that maintenance is provided within the altered
or relocated portion of said watercourse so that flood carrying
capacity is not diminished.
(f) Interpretation of Flood Insurance Rate Map (FIRM) Boundaries.
The Community Development Director will provide interpretations,
where needed, as to the exact location of the boundaries of the
areas of special flood hazards (for example, where there appears
to be a conflict between a mapped boundary and actual field
conditions). The person contesting the location of the boundary
shall be given a reasonable opportunity to appeal the interpre-
tation as provided in Section 8.11.050.
(g) Maintenance of Flood Protection Measures. The maintenance of
any and all flood protection measures (levees, dikes, dams, or
reservoirs) will be required of the jurisdiction where such
measures provide protection. If these measures are privately
owned, an operation or maintenance plan will be required of the
owner to be on file with the Community Development Director.
The community is required to acknowledge all maintenance plans
by the adoption of such plans by ordinance.
(h) Hazard Mitigation Plan. The local agency or board responsible
for reviewing all proposals for new development shall weigh all
requests for future floodplain development against the community's
General Plan. Consideration of the following elements are re-
quired before approval:
(1) Determination of whether or not a proposed development
is in or affects a known floodplain.
(2) Inform the public of the proposed activity.
(3) Determine if there is a practicable alternative or site
for the proposed activity.
(4) Identify impact of the activity on the floodplain.
(5) Provide a plan to mitigate the impact of the activity
with provisions in Section 8.11.040(b)(4).
8.11.050. Variance Procedures.
(a) Variance. The City Council is established as the Appeals Board
and shall hear and decide appeals and requests for variances
from the requirements of this Chapter.
The City Council shall hear and decide appeals when it is alleged
there is an error in any requirement, decision or determination
made by the Community Development Director in the enforcement or
administration of this Chapter.
TITbE 8 - BUILDING AND CONSTRUCTION
The decision of the City Council shall be final and binding.
In acting upon any appeal, the City Council shall consider
all technical evaluations or relevant factors and standards
specified in this Chapter and:
(1) The danger that materials may be swept onto other
lands to the injury of others;
(2) The danger to 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 necessity to the facility of a waterfront location,
where applicable;
(6) The availability of alternative locations, for the
proposed use which are not subject to flooding or
erosion damage;
(7) The compatibility of the proposed use with existing
_ and anticipated development;
(8) The relationship of the proposed use to the comprehensive
plan and flood plain management program for that area;
(9) The safety of access to the property in times of flood
for ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise,
and sediment transport of the flood waters and the effects
of wave action, if applicable, expected at the site; and
(11) 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 systems, and streets and bridges.
(b) Issuance of Variances. Variances may be issued for new
construction and substantial improvements to be erected on a
lot of 1/2-acre or less in size contiguous to or surrounded by
lots with existing structures constructed below the base flood
level, if the items referred to in Section 8.11.050(a) have
been fully considered. As the lot size increases beyond the
1/2 acre, the technical justification required for issuing the
variance increases. The City Council, acting as the Appeals
Board, may attach such conditions to the granting of a variance
as it deems necessary to further the purpose and objectives of
this Chapter. The Community Development Director shall maintain
a record of all appeal actions and report any variances to the
Federal Emergency Management Agency upon request.
TITLE-8 - BUILDING AND CONSTRUCTION
(c) Conditions for Variances.
(1) Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed
on the National Register of Historic Places or the
State Inventory of Historic Places, without regard
to the procedures set forth in the remainder of this
Chapter.
(2) Variances shall not be issued within any designated
floodway if any increase in flood levels during the
base flood discharge would result.
(3) Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering
the flood hazard, to afford relief.
(4) Variances shall only be issued upon:
(A) A showing of good and sufficient cause such as
renovation, rehabilitation, or reconstruction.
Variances issued for economic considerations,
aesthetics, or because variances have been used
in the past, are NOT good and sufficient cause,
(B) A determination that failure to grant the variance
would result in exceptional hardship to the Applicant.
(C) A determination that the granting of a variance will
not result in increased flood heights, additional
threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization to
the public, or conflict with existing local laws or
ordinances.
(5) Any Applicant to whom a variance is granted shall be given
written notice that the structure will be permitted to be
built with a lowest flood elevation below the base flood
elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the
reduced lowest floor elevation.
8.11.060. Flood Hazard Reduction.
(a) Standards of Construction.
the following standards are
(1) Anchoring
In all areas of special flood hazard,
required:
(A) All new construction and substantial improvements
shall be anchored to prevent flotation, collapse
or lateral movement of the structure.
(B) All mobile home units shall meet the anchoring
standards of Section 8.11.060(f)(1).
(2) Construction Materials and Methods
(A) All new construction and substantial improvements
shall be constructed with materials and utility
equipment resistant to flood damage.
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TITLE 8 - BUILDING AND CONSTRUCTION
(B) All new construction and substantial improvements
shall use methods and practices that minimize flood
damage.
(C) All elements that function as a part of the structure,
such as furnace, hot water heater, air conditioner,
etc., shall be elevated to or above the base flood
elevation or depth number specified on the Flood
Insurance Rate Map (FIRM).
(3) Elevation and Floodproofing
(A) New construction and substantial improvement of any
structure shall have the bottom of the lowest floor
beam or basement floor elevated to or above the base
flood elevation. Non-residential structures will
meet the standards in Section 8.11.060(a)(3)(C).
Upon completion of the structure, the elevation of
the lowest floor, including the basement, shall be
certified by a registered professional engineer or
surveyor or verified by the local building inspector
that the elevation requirements have been met.
Notification of compliance shall be recorded as set
forth in Section 8.11.040(d).
(B) New construction and substantial improvement to any
structure in a Zone AO shall have the bottom of the
lowest floor beam or basement floor elevated to or
above the depth number specified on the Flood Insurance
Rate Map (FIRM). If there is no depth number on the
Flood Insurance Rate Map (FIRM), the bottom of the
lowest floor beam or basement floor shall be elevated
to a depth of one (1) foot above the highest adjacent
grade. Non-residential structures will meet standards
in Section 8.11.060(a)(3)(C). Upon completion of the
structure, compliance to the elevation requirement
shall be certified by a registered professional
engineer or surveyor or verified by the local building
inspector. Notification of compliance shall be recorded
as set forth in Section 8.11.040(d).
(C) Non-residential construction shall either be elevated
in conformance with Section 8.11.060(a)(3)(A) or (B),
or together with attendant utility and sanitary facili-
ties, be floodproofed to the base flood elevation.
Examples of floodproofing include, but are not limited
to:
(i) Installation of watertight doors, bulkheads,
and shutters.
(ii) Reinforcement of walls to resist water pressure.
(iii) Use of paints, membranes, or mortars to reduce
seepage through walls.
(iv) Addition of mass or weight to structure to resist
flotation.
TITLE-8 - BUILDING AND CONSTRUCTION
(v) Armour protection of all fill materials from
scour and/or erosion.
(vi) Certification by a registered professional
engineer or architect that the standards of
this sub -section are satisfied. Such certi-
fication shall be provided to the official
set forth in Section 8.11.040(d)(1).
(D) Mobile homes shall meet the above standards and also
the standards in Section 8.11.060.
(b) Standards for Alluvial Fans. Areas subject to alluvial fan
flooding have irregular flow paths that result in erosion of
existing channels and the undermining of fill material. Those
areas are identified on the Flood Insurance Rate Map (FIRM) as
AO Zones with velocities.
(1) All structures must be securely anchored to minimize the
impact of the flood and sediment damage.
(2) All new construction and substantial improvements must
be elevated on pilings, columns, or armoured fill so that
the bottom lowest floor beam is elevated at or above the
depth number.
(3) Use of all fill materials must be armoured to protect the
material from the velocity of the flood flow.
(4) All proposals for subdivision development must provide a
mitigation plan that identifies the engineering methods
use to:
(A) Protect structures from erosion and scour caused
by the velocity of the flood flow.
(B) Capture or transport flood and sediment flow
through the subdivision to a safe point of
disposition.
(5) All mobile homes shall be prohibited within the identified
hazard area except within existing mobile home parks or
subdivisions.
(c) Standards for Storage of Materials and Equipment. The storage
or processing of materials that are, in time of flooding, bouyant,
flammable, explosive, or could be injurious to human, animal, or
plant life, is prohibited.
Storage of other material or equipment may be allowed if not
subject to major damage by floods and firmly anchored to prevent
flotation or if readily removable from the area within the time
available after flood warning.
(d) Standards for Utilities. 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.
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TITLE 8 - BUILDING AND CONSTRUCTION
On -site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
(e) Standards for Subdivisions.
(1) All preliminary subdivision proposals shall identify
the flood hazard area and the elevation of the base
flood.
(2) All final subdivision plans will provide the elevation
of proposed structure(s), pads, and adjacent grade. If
the site is filled above the base flood, the final pad
elevation shall be certified by a registered professional
engineer or surveyor and provided to the official as set
forth in Section 8.11.040(d)(1).
(3) All subdivision proposals shall be consistent with the
need to minimize flood damage.
(4) All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical, and water
systems located and constructed to minimize flood damage.
(5) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage as set forth
in Section 8.11.040(d)(1). Certification of compliance
shall be required of the developer.
(f) Standards for Mobile Homes and Mobile Home Parks and Subdivisions.
(1) All new mobile homes and additions to mobile homes shall
be set on permanent foundation by anchoring the unit to
resist flotation, collapse, or lateral movement by one
of the following methods:
(A) By providing an anchoring system designed to
withstand horizontal forces of 15 pounds per
square foot and uplift forces of 9 pounts per
square foot; or
(B) By the anchoring of the unit's system, designed
to be in compliance to the Department of Housing
and Urban Development Mobile Home Construction and
Safety Standards; or
(C) By bolting the frame or undercarriage to a rein-
forced, permanent foundation such as a retaining
wall or storm wall used to set the unit.
As set forth in Section 8.11.040(d)(1), certification
meeting the standards above is required of the installer
or state agency responsible for regulating the placement,
installation, and anchoring of individual mobile home
units.
(2) The following standards are required for (a) mobile homes
not placed in mobile home parks or subdivisions, (b) new
mobile home parks or subdivisions, (c) expansions to
existing mobile home parks or subdivisions, and (d) repair,
reconstruction, or improvements to existing mobile home
parks or subdivisions that equals or exceeds 50 percent
of the value of the streets, utilities, and pads before
the repair, reconstruction, or improvement commenced.
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TITLE 8 - BUILDING AND CONSTRUCTION
(A) Adequate surface drainage and access for a hauler
shall be provided.
(B) All mobile homes shall be placed on pads or lots
elevated on compacted fill or on pilings so that
the lowest floor of the mobile home is at or above
the base flood level. If elevated on pilings:
(i) The lots shall be large enough to permit steps,
(ii) The pilings shall be placed in stable soil no
more than ten feet apart; and
(iii) Reinforcement shall be provided for pilings
more than six feet above ground level.
(3) No mobile home shall be placed in a floodway, except in an
existing mobile home park or existing mobile home subdivision.
No mobile home shall be placed in a coastal high hazard area,
except in an existing mobile home park or an existing mobile
home subdivision.
Certification of compliance is required of the developer
responsible for the plan or state agency responsible for
regulating mobile home placement.
(g) Floodways. Located within areas of special flood hazard
established in Section 8.11.030(b) 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, the following
provisions apply:
(1) Prohibit encroachments, including fill, new construction,
substantial improvements, and other development unless
certification by a registered professional engineer or
architect is provided demonstrating that encroachments
shall not result in any increase in flood levels during
the occurrence of the base flood discharge.
(2) If no floodway is identified, the permit holder shall
provide an engineering study for the project area that
establishes a setback where no encroachment of any new
development will be allowed that would increase the water
surface elevation of the base flood plus one (1) foot;
or establish a setback from the stream bank equal to
five (5) times the width of the stream at the top of the
bank or twenty (20) feet on each side from the top of the
bank, whichever is greater.
8.11.070. Letter of Map Amendment. There are two methods of appeal that
exempt a structure from the purchase of flood insurance, both must be
supported by the items listed below:
(a) Appeal to Elevation Requirements:
(1) An actual stamped copy of the recorded plat map of the
property showing official recordation and proper citation,
or a photocopy of property's legal description (e.g., lot,
block and plot number, etc.).
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(2) A copy of the Flood Hazard Boundary Map (FHBM) and/or
Flood Insurance Rate Map (FIRM). Both must identify
the location of the property.
(3) A certification by a registered professional engineer
or land surveyor or verification by the community
building official stating:
(A) The type of structure,
(B) The elevation of the lowest finished grade adjacent
to the structure, and
(C) The elevation of the bottom of the lowest floor beam.
(b) Appeal of Location:
(1) An actual stamped copy of the recorded plat map of the
property showing official recordation and proper citation,
or a photocopy of property's legal description (e.g., lot,
block, and plot number, etc.).
(2) A copy of the Flood Hazard Boundary Map (FHBM) and/or Flood
Insurance Rate Map (FIRM). Both must identify the location
of the property as not within Zone A or V.
(3) Verification by local building official as to the property's
location.
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