HomeMy WebLinkAboutAGENDA REPORT 2002 0320 CC REG ITEM 12Ai
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ORDINANCE NO. 279
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, PROVIDING FOR FLOODPLAIN
MANAGEMENT AND AMENDING CHAPTER 15.24, FLOOD DAMAGE
PREVENTION
WHEREAS, the City Council has the authority to adopt
regulations designed to promote the public health, safety, and
general welfare of its citizenry and;
WHEREAS, the floodplain management promotes the public
health, safety, and general welfare, and;
WHEREAS, at a duly noticed public hearing on January 16,
2002, the City Council took public testimony, closed the
hearing, and reached its decision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 15.24 of Title 15 of the Moorpark Municipal
Code is hereby amended in its entirety to read as follows:
Sections:
Article I. Statutory Authorization, Findings of Fact, Purpose,
and Methods
15.24.010 Statutory authorization.
15.24.020 Findings of fact.
15.24.030 Purpose of provisions.
15.24.040 Methods of reducing flood losses generally.
Article II. Definitions.
15.24.050 Definitions.
Article III. General provisions.
15.24.060 Lands to which this ordinance applies.
15.24.070 Basis for establishing the areas of special flood
hazard.
15.24.080 Compliance.
15.24.090 Abrogation and greater restrictions.
15.24.100 Interpretation of provisions.
15.24.110 Warning and disclaimer of liability.
Ordinance No. 279
Floodplain Management
Page 2
Article IV. Administration
15.24.120 Development permits.
15.24.130 Designation of the administrator.
15.24.140 Duties and responsibilities of the administrator.
15.24.150 Appeals of Floodplain Administrator Decisions.
Article V. Construction Standards
15.24.160 Standards of construction.
15.24.170 Standards for utilities.
15.24.180 Standards for subdivisions.
15.24.190 Standards for manufactured homes.
15.24.200 Standards for recreational vehicles.
15.24.210 Floodways.
Article VI. Variances
15.24.220 Nature of variances.
15.24.230 Variance decision process.
15.24.240 Conditions for variances.
Article I. Statutory Authorization, Findings of Fact,
Purpose and Methods
Section 15.24.010 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 City of Moorpark does
hereby adopt the following floodplain management regulations.
Section 15.24.020 Findings of fact.
A. The flood hazard areas of City of Moorpark 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 uses that are
inadequately elevated, floodproofed, or protected from flood
damage. The cumulative effect of obstructions in areas of
special flood hazards which increase flood heights and
velocities also contribute to the flood loss.
Ordinance No. 279
Floodplain Management
Page 3
Section 15.24.030 Purpose of provisions.
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 designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood
control projects;
C. Minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the expense
of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such
as water and gas mains; electric, telephone and sewer lines; and
streets and bridges located in areas of special flood hazard;
F. Help maintain a stable tax base by providing for the
sound use and development of areas of special flood hazard so as
to minimize future blighted areas caused by flood damage;
G. Ensure that potential buyers are notified that property
is in an area of special flood hazard; and
H. Ensure that those who occupy the areas of special flood
hazard assume responsibility for their actions.
Section 15.24.040 Methods of reducing flood losses generally.
In order to accomplish its purposes, this ordinance
includes methods and provisions to:
A. Restrict or prohibit 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. Require that uses vulnerable to floods, including
facilities that serve such uses, be protected against flood
damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream
channels, and natural protective barriers, which help
accommodate or channel floodwaters;
D. Control filling, grading, dredging, and other
development which may increase flood damage; and
E. Prevent or regulate the construction of flood barriers
which will unnaturally divert floodwaters or which may increase
flood hazards in other areas.
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Floodplain Management
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Article II. Definitions.
Section 15.24.050 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.
"Accessory use" means a use, which is incidental and
subordinate to the principal use of the parcel of land on which
it is located.
"Alluvial fan" means a geomorphologic feature characterized
by a cone or fan - shaped deposit of boulders, gravel, and fine
sediments that have been eroded from mountain slopes,
transported by flood flows, and then deposited on the valley
floors, and which is subject to flash flooding, high velocity
flows, debris flows, erosion, sediment movement and deposition,
and channel migration.
"Apex" means the point of highest elevation on an alluvial
fan, which on undisturbed fans is generally the point where the
major stream that formed the fan emerges from the mountain
front.
"Appeal" means a request for a review of the Floodplain
Administrator's interpretation of any provision of this
ordinance.
"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. Such flooding is characterized
by ponding or sheet flow.
"Area of special flood hazard" - See "Special flood hazard
area."
"Base flood" means a flood which has a one percent chance
of being equaled or exceeded in any given year (also called the
"100 -year flood ") . Base flood is the term used throughout this
ordinance.
"Basement" means any area of the building having its floor
subgrade - i.e., below ground level - on all sides.
"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 or storage of equipment or
materials.
"Encroachment" means the advance or infringement of uses,
plant growth, fill, excavation, buildings, permanent structures
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Floodplain Management
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or development into a floodplain that may impede or alter the
flow capacity of a floodplain.
"Existing manufactured home park or subdivision" means a
manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the
installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is
completed before the effective date of the floodplain management
regulations adopted by a community.
"Expansion to an existing manufactured home park or
subdivision" means the preparation of additional sites by the
construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation
of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads).
"Flood, flooding, or flood water" means:
1. A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of
inland or tidal waters; the unusual and rapid accumulation or
runoff of surface waters from any source; and /or mudslides
(i.e., mudflows); and
2. The condition resulting from flood - related erosion.
"Flood Boundary and Floodway Map (FBFM)" 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 floodway.
"Flood Hazard Boundary Map" means the official map on which
the Federal Emergency Management Agency or Federal Insurance
Administration has delineated the areas of flood hazards.
"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.
"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.
"Floodplain or flood -prone area" means any land area
susceptible to being inundated by water from any source - see
"Flooding ".
"Floodplain Administrator" is the individual appointed by
the City Council to administer and enforce the floodplain
management regulations.
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Ordinance No. 279
Floodplain Management
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"Floodplain management" means the operation of an overall
program of corrective and preventive measures for reducing flood
damage and preserving and enhancing, where possible, natural
resources in the floodplain, including but not limited to
emergency preparedness plans, flood control works, floodplain
management regulations, and open space plans.
"Floodplain management regulations" means this ordinance
and other zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as
grading and erosion control) and other application of police
power which control development in flood -prone areas. This term
describes federal, state or local regulations in any combination
thereof, which provide standards for preventing and reducing
flood loss and damage.
"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 (Refer to FEMA Technical
Bulletins TB 1 -93, TB 3 -93, and TB 7 -93 for guidelines on dry
and wet floodproofing.)
"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 one foot. Also
referred to as "Regulatory Floodway ".
"Floodway fringe" is that area of the floodplain on either
side of the "Regulatory Floodway" where encroachment may be
permitted.
"Fraud and victimization" as related to Section 15.24.250,
"Conditions for Variances ", of this ordinance, means that the
variance granted must not cause fraud on or victimization of the
public. In examining this requirement, the City Council will
consider the fact that every newly constructed building adds to
government responsibilities and remains a part of the community
for fifty years to one hundred years. Buildings that are
permitted to be constructed below the base flood elevation are
subject during all those years to increased risk of damage from
floods, while future owners of the property and the community as
a whole are subject to all the costs, inconvenience, danger, and
suffering that those increased flood damages bring. In addition,
future owners may purchase the property, unaware that it is
subject to potential flood damage, and can be insured only at
very high flood insurance rates.
Ordinance No. 279
Floodplain Management
Page 7
"Functionally dependent use" means a use that 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 facilities, and does not include long -term storage or
related manufacturing facilities.
"Governing body" is the City Council of the City of
Moorpark, a municipal corporation.
"Hardship" as related to Section 15.24.240, "Conditions for
Variances ", of this ordinance means the exceptional hardship
that would result from a failure to grant the requested
variance. The City Council requires that the variance be
exceptional, unusual, and peculiar to the property involved.
Mere economic or financial hardship alone is not exceptional.
Inconvenience, aesthetic considerations, physical handicaps,
personal preferences, or the disapproval of one's neighbors
likewise cannot, as a rule, qualify as an exceptional hardship.
All of these problems can be resolved through other means
without granting a variance, even if the alternative is more
expensive, or requires the property owner to build elsewhere or
put the parcel to a different use than originally intended.
"Highest adjacent grade" means the highest natural
elevation of the ground surface prior to construction next to
the proposed walls of a structure.
"Historic structure" means any structure that is
1. Listed individually in the National Register of Historic
Places (a listing maintained by the Department of Interior) or
preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National
Register;
2. Certified or preliminarily determined by the Secretary
of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic
district;
3. Individually listed on a state inventory of historic
places in states with historic preservation programs which have
been approved by the Secretary of Interior; or
4. Individually listed on a local inventory of historic
places in communities with historic preservation programs that
have been certified either by an approved state program as
determined by the Secretary of the Interior or directly by the
Secretary of the Interior in states without approved programs.
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Ordinance No. 279
Floodplain Management
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"Levee" means a man -made structure, usually an earthen
embankment, designed and constructed in accordance with sound
engineering practices to contain, control or divert the flow of
water so as to provide protection from temporary flooding.
"Levee system" means a flood protection system which
consists of a levee, or levees, and associated structures, such
as closure and drainage devices, which are constructed and
operated in accord with sound engineering practices.
"Lowest floor" means the lowest floor of the lowest
enclosed area, including basement (see "Basement" definition).
1. An unfinished or flood resistant enclosure below the
lowest floor that is 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 it
conforms to applicable non - elevation design requirements,
including, but not limited to:
The wet floodproofing standard in Section 15.24.160.C3.
The anchoring standards in Section 15.24.160.A.
The construction materials and methods standards in Section
15.24.160.B.
The standards for utilities in Section 15.24.170.
2. For residential structures, all subgrade- enclosed areas
are prohibited as they are considered to be basements (see
"Basement" definition). This prohibition includes below -grade
garages and storage areas.
"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
attached to the required utilities. The term "manufactured home"
does not include a "recreational vehicle ".
"Manufactured home park or subdivision" means a parcel (or
contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
"Market Value" shall be determined by estimating the cost
to replace the structure in new condition and adjusting that
cost figure by the amount of depreciation that has accrued since
the structure was constructed. The cost of replacement of the
structure shall be based on a square foot cost factor determined
by reference to a building cost estimating guide recognized by
the building construction industry. The amount of depreciation
shall be determined by taking into account the age and physical
deterioration of the structure and functional obsolescence as
approved by the Floodplain Administrator, but shall not include
economic or other forms of external obsolescence. Use of
replacement costs or accrued depreciation factors different from
Ordinance No. 279
Floodplain Management
Page 9
those contained in recognized building cost estimating guides
may be considered only if such factors are included in a report
prepared by an independent professional appraiser and supported
by a written explanation of the differences.
"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.
"New construction ", for floodplain management purposes,
means structures for which the "start of construction" commenced
on or after the effective date of floodplain management
regulations adopted by this community, and includes any
subsequent improvements to such structures.
"New manufactured home park or subdivision" means a
manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured
homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is
completed on or after the effective date of floodplain
management regulations adopted by this community.
"Obstruction" includes, but is not limited to, any dam,
wall, wharf, embankment, levee, dike, pile, abutment,
protection, excavation, channelization, bridge, conduit,
culvert, building, wire, fence, rock, gravel, refuse, fill,
structure, vegetation or other material in, along, across or
projecting into any watercourse which may alter, impede, retard
or change the direction and /or velocity of the flow of water, or
due to its location, its propensity to snare or collect debris
carried by the flow of water, or its likelihood of being carried
downstream.
"One- hundred -year flood" or "100 -year flood" - see "Base
flood."
"Public safety and nuisance" as related to Section
15.24.240, "Conditions for Variances ", Variances, of this
ordinance means that the granting of a variance must not result
in anything which is injurious to safety or health of an entire
community or neighborhood, or any considerable number of
persons, or unlawfully obstructs the free passage or use, in the
customary manner, of any navigable lake, or river, bay, stream,
canal, or basin.
"Recreational vehicle" means a vehicle, which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest
horizontal projection;
Ordinance No. 279
Floodplain Management
Page 10
3. Designed to be self - propelled or permanently towable by
a light -duty truck; and
4. Designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational, camping,
travel, or seasonal use.
"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 one foot.
"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 State or Federal financial
exposure with regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a
river (including tributaries), stream, brook, etc.
"Sheet flow area" - see "Area of shallow flooding ".
"Special flood hazard area (SFHA)" means an area in the
floodplain subject to a 1 percent or greater chance of flooding
in any given year. It is shown on an FHBM or FIRM as Zone A, A0,
Al -A30, AE, A99 or AH.
"Start of construction" includes substantial improvement
and other proposed new development and means the date the
building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the
date of the permit. 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. For a substantial improvement, the
actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building,
Ordinance No. 279
Floodplain Management
Page 11
whether or not that alteration affects the external dimensions
of the building.
"Structure" means a walled and roofed building that is
principally above ground; this includes a gas or liquid storage
tank or a manufactured home.
"Substantial damage" means damage of any origin sustained
by a structure whereby the cost of restoring the structure to
its before damaged condition would equal or exceed 50 percent of
the market value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction,
rehabilitation, addition, or other proposed new development of a
structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before the "start of construction"
of the improvement. This term includes structures that have
incurred "substantial damage ", regardless of the actual repair
work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct
existing violations or state or local health, sanitary, or
safety code specifications which have been identified by the
local code enforcement official and which are the minimum
necessary to assure safe living conditions, or
2. Any alteration of a "historic structure," provided that
the alteration will not preclude the structure's continued
designation as a "historic structure."
"Variance" 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.
"Violation" means the failure of a structure or other
development to be fully compliant with this ordinance. 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.
"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.
"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.
Ordinance No. 279
Floodplain Management
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Article III. General provisions.
Section 15.24.060 Lands to which this ordinance applies.
This ordinance shall apply to all areas of special flood
hazards within the jurisdiction of City of Moorpark.
Section 15.24.070 Basis for establishing the areas of special
flood hazard.
The areas of special flood hazard identified by the Federal
Insurance Administration (FIA) of the Federal Emergency
Management Agency (FEMA) in the Flood Insurance Study (FIS)
dated September 26, 1984, and all subsequent amendments and /or
revisions thereto, and accompanying Flood Insurance Rate Maps
(FIRMS) and Flood Boundary and Floodway Maps (FBFMs), dated
September 29, 1986, and all subsequent amendments and /or
revisions thereto, are hereby adopted by reference and declared
to be a part of this ordinance. This FIS and attendant mapping
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 City Council by the Floodplain Administrator. The study,
FIRMs and FBFMs are on file at the office of the City Engineer,
City Hall, 799 Moorpark Avenue, Moorpark, California 93021.
Section 15.24.080 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. Violation of the requirements (including violations
of conditions and safeguards established in connection with
conditions) shall constitute a misdemeanor. Nothing herein shall
prevent the City Council from taking such lawful action as is
necessary to prevent or remedy any violation.
Section 15.24.090 Abrogation and greater restrictions.
This ordinance is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions.
However, where this ordinance and another ordinance, easement,
covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
Section 15.24.100 Interpretation of provisions.
In the interpretation and application of this ordinance,
all provisions shall be:
A. Considered as minimum requirements;
Ordinance No. 279
Floodplain Management
Page 13
B. Liberally construed in favor of the governing body; and
C. Deemed to neither limit nor repeal any other powers
granted under state statutes.
Section 15.24.110 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 or uses
permitted within such areas will be free from flooding or flood
damages. This ordinance shall not create liability on the part
of City Council, any officer or employee thereof, the State of
California, or the Federal Insurance Administration, Federal
Emergency Management Agency, for any flood damages that
result from mere compliance with this ordinance or any
administrative decision lawfully made hereunder. Property
owners within floodplain areas shall not rely on the terms of
this ordinance or any City review or approval of development as
any guarantee or warranty against damage from flooding.
Article IV. Administration
Section 15.24.120 Development permits.
A development permit shall be obtained before any
construction or other development begins within any area of
special flood hazard established in Section 15.24.070.
Application for a development permit shall be made on forms
furnished by the Floodplain Administrator and may include, 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. Site plan, including but not limited to:
for all proposed structures, spot ground elevations at building
corners and 20 -foot or smaller intervals along the foundation
footprint, or one foot contour elevations throughout the
building site; and proposed locations of water supply, sanitary
sewer, and utilities; and if available, the base flood elevation
from the Flood Insurance Study and /or Flood Insurance Rate Map;
and if applicable, the location of the regulatory floodway; and
Ordinance No. 279
Floodplain Management
Page 14
B. Foundation design detail, including but not limited to:
proposed elevation in relation to mean sea level, of the lowest
floor (including basement) of all structures; and for a crawl -
space foundation, location and total net area of foundation
openings as required in Section 15.24.160.0.3 of this ordinance
and FEMA Technical Bulletins 1 -93 and 7 -93; and
for foundations placed on fill, the location and height of fill,
and compaction requirements (compacted to 95 percent using the
Standard Proctor Test method); and
C. Proposed elevation in relation to mean sea level to
which any nonresidential structure will be floodproofed, as
required in Section 15.24.160 C.2 of this ordinance and FEMA
Technical Bulletin TB 3 -93; and
D. All appropriate certifications listed in Section
15.24.140.D of this ordinance; and
E. Description of the extent to which any watercourse will
be altered or relocated as a result of proposed development.
Section 15.24.130 Designation of the administrator.
The City Engineer is hereby appointed as Floodplain
Administrator and shall administer, implement, and enforce this
ordinance in accord with its provisions.
Section 15.24.140 Duties and responsibilities of the
administrator.
The duties and responsibilities of the Floodplain
Administrator shall include, but not be limited to the
following:
A. Permit Review. Review all development permits to
determine that:
1. 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, and
4. The proposed development does not adversely affect
the carrying capacity of areas where base 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 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.
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Ordinance No. 279
Floodplain Management
Page 15
B. Review, Use and Development of Other Base Flood Data:
1. When base flood elevation data has not been provided in
accordance with Section 3.2, the Floodplain Administrator shall
obtain, review, and reasonably utilize any base flood elevation
and floodway data available from a federal or state agency, or
other source, in order to administer Sections 15.24.160 through
15.24.210. Any such information shall be submitted to the City
Council for adoption; or
2.f no base flood elevation data is available from a
federal or state agency or other source, then a base flood
elevation shall be obtained using one of two methods from the
FEMA publication "Managing Floodplain Development in Approximate
Zone A Areas - A Guide for Obtaining and Developing Base (100 -
year) Flood Elevations" dated July 1995 in order to administer
Sections 15.24.160 through 15.24.210:
a. Simplified method:
i. 100 year or base flood discharge shall be
obtained using the appropriate regression
equation found in a U.S. Geological Survey
publication, or the discharge- drainage area
method; and
ii. Base flood elevation shall be obtained
using the Quick -2 computer program developed by
FEMA; or
b. Detailed method:
i. 100 year or base flood discharge shall be
obtained using the U.S. Army Corps of Engineers'
HEC -HMS computer program; and
ii. Base flood elevation shall be obtained
using the U.S. Army Corps of Engineers' HEC -RAS
computer program.
C. Notification of Other Agencies. In alteration or
relocation of a watercourse:
1. Notify adjacent communities and the California
Department of Water Resources before alteration or relocation;
2. Submit evidence of such notification to the Federal
Insurance Administration, Federal Emergency Management Agency;
and
3. Assure that the flood carrying capacity within the
altered or relocated portion of said watercourse is maintained.
D. Documentation of Floodplain Development. Obtain and
maintain for public inspection and make available, as needed,
all of the following:
1. Certification required by Section 15.24.160.0.1 and
15.24.190 (lowest floor elevations).
Ordinance No. 279
Floodplain Management
Page 16
2. Certification required by Section 15.24.160.0.2
(elevation or floodproofing of nonresidential structures).
3. Certification required by Sections 15.24.160.0.3 (wet
floodproofing standard).
4. Certification of elevation required by Section
15.24.180.B (subdivision standards.
5. Certification required by Section 15.24.210.A (floodway
encroachments.
E. Map Determinations. Make interpretations where needed,
as to the exact location of the boundaries of the areas of
special flood hazard. Where there appears to be a conflict
between a mapped boundary and actual field conditions, grade and
base flood elevations shall be used to determine the boundaries
of the special flood hazard area. The person contesting the
location of the boundary shall be given a reasonable opportunity
to appeal the interpretation as provided in sections 15.24.230
through 15.24.240.
F. Remedial Action. Take action to remedy violations of
this ordinance as specified in Section 15.24.080.
Section 15.24.150 Appeals of Floodplain Administrator
Decisions.
The City Council of City of Moorpark 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 pursuant
to the provisions of chapter 2.04 of the Moorpark Municipal
Code.
Article V. Provisions for Flood Hazard Reduction
Section 15.24.160 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 adequately anchored to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy.
2. All manufactured homes shall meet the anchoring standards
of Section 15.24.200.
B. Construction materials and methods. All new construction
and substantial improvement shall be constructed:
Ordinance No. 279
Floodplain Management
Page 17
1. With flood resistant materials as specified in FEMA
Technical Bulletin TB 2 -93, and utility equipment resistant to
flood damage;
2. Using methods and practices that minimize flood damage;
3. 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; and if
4. Within Zones AH or A0, so that there are adequate
drainage paths around structures on slopes to guide floodwaters
around and away from proposed structures.
C. Elevation and floodproofing. (See Section 15.25.050
definitions for "basement," "lowest floor," "new construction,"
"substantial damage" and "substantial improvement ".)
1. Residential construction, new or substantial improvement,
shall have the lowest floor, including basement:
a. In an AO zone, elevated above the highest
adjacent grade to a height equal to or exceeding the
depth number specified in feet on the FIRM, or
elevated at least two feet above the highest adjacent
grade if no depth number is specified. In AO zones
without velocity the lowest floor shall be elevated
above the highest adjacent grade to a height exceeding
the depth number specified in feet on the FIRM by at
least two feet, or elevated at least four feet above
the highest adjacent grade if no depth number is
specified.)
b. In an A zone, elevated to at least two feet
above the base flood elevation; said base flood
elevation shall be determined by one of the methods in
Section 15.24.140.B of this ordinance.
c. In all other Zones, elevated to at least two
feet above the base flood elevation.
Upon the completion of the structure, the elevation of the
lowest floor including basement shall be certified by a
registered professional engineer or surveyor, and verified by
the building official to be properly elevated. Such
certification and verification shall be provided to the
Floodplain Administrator.
2. Nonresidential construction, new or substantial
improvement, shall either be elevated to conform with Section
15.24.160.0.1 or together with attendant utility and sanitary
facilities:
Ordinance No. 279
Floodplain Management
Page 18
a. Be floodproofed below the elevation
recommended under Section 15.24.160.C.1 so that 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
section (15.24.160.0.2) are satisfied. Such
certification shall be provided to the Floodplain
Administrator.
3. All new construction and substantial improvement with
fully enclosed areas below the lowest floor (excluding
basements) that are usable solely for parking of vehicles,
building access or storage, and which are subject to flooding,
shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of
floodwater. Designs for meeting this requirement shall follow
the guidelines in FEMA Technical Bulletins TB 1 -93 and TB 7 -93,
and must exceed the following minimum criteria:
a. Have a minimum of two openings having a total
net area of not less than one square inch for every
square foot of enclosed area subject to flooding. 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 floodwater; or
b. Be certified by a registered professional
engineer or architect.
4. Manufactured homes shall also meet the standards in
Section 15.24.190.
Section 15.24.170 Standards for utilities.
A. All new and replacement water supply and sanitary sewage
systems shall be designed to minimize or eliminate:
1. Infiltration of flood waters into the systems, and
2. Discharge from the systems into flood waters.
B. On -site waste disposal systems shall be located to avoid
impairment to them, or contamination from them during flooding.
Section 15.24.180 Standards for subdivisions.
A. All preliminary subdivision proposals shall identify the
special flood hazard area and the elevation of the base flood.
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Ordinance No. 279
Floodplain Management
Page 19
B. All subdivision plans will provide the elevation of
proposed structure (s) and pad(s). If the site is filled above
the base flood elevation, the lowest floor and pad elevations
shall be certified by a registered professional engineer or
surveyor and provided 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.
Section 15.24.190 Standards for manufactured homes.
A. All manufactured homes that are placed or substantially
improved, within Zones Al -30, AH, and AE on the community's
Flood Insurance Rate Map, on sites located:
1. Outside of a manufactured home park or subdivision,
2. In a new manufactured home park or subdivision,
3. In an expansion to an existing manufactured home park or
subdivision,
4. In an existing manufactured home park or subdivision on a
site upon which a manufactured home has incurred "substantial
damage" as the result of a flood, shall be elevated on a
permanent foundation such that the lowest floor of the
manufactured home is elevated two feet above the base flood
elevation and be securely fastened to an adequately anchored
foundation system to resist flotation, collapse, and lateral
movement.
B. All manufactured homes to be placed or substantially
improved on sites in an existing manufactured home park or
subdivision within Zones Al -30, AH and AE on the community's
Flood Insurance Rate Map that are not subject to the provisions
of paragraph 15.24.190.A will be securely fastened to an
adequately anchored foundation system to resist flotation,
collapse, and lateral movement, and be elevated so that either
the.
1. Lowest floor of the manufactured home is at two feet
above the base flood elevation, or
2. Manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equivalent
strength that are no less than 36 inches in height above grade
and above the base flood elevation.
3. Upon the completion of the structure, the elevation of
the lowest floor including basement shall be certified by a
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Ordinance No. 279
Floodplain Management
Page 20
registered professional engineer or surveyor, and verified by
the community building inspector to be properly elevated. Such
certification and verification shall be provided to the
Floodplain Administrator.
Section 15.24.200 Standards for recreational vehicles.
A. All recreational vehicles placed on sites within Zones
Al -30, AH, and AE on the community's Flood Insurance Rate Map
will either:
1. Be on the site for fewer than 180 consecutive days, and
be fully licensed and ready for highway use - a recreational
vehicle is ready for highway use if it is on its wheels or
jacking system, is attached to the site only by quick disconnect
type utilities and security devices, and has no permanently
attached additions, or
2. Meet the permit requirements of Section 15.24.130 through
15.24.150 of this ordinance and the elevation and anchoring
requirements for manufactured homes in Section 15.24.190.A.
Section 15.24.210 Floodways.
Located within areas of special flood hazard established in
Section 15.24.070 are areas designated as floodways. Since the
floodway is an extremely hazardous area due to the velocity of
floodwaters, which carry debris, potential projectiles, and
erosion potential, the following provisions apply:
A. Prohibit encroachments, including fill, new
construction, substantial improvement, and other new development
unless certification by a registered professional engineer is
provided demonstrating that encroachments shall not result in
any increase in [the base] flood elevation during the occurrence
of the base flood discharge.
B. If Section 15.24.220.A is satisfied, all new
construction, substantial improvement, and other proposed new
development shall comply with all other applicable flood hazard
reduction provisions of Section 15.24.170 through 15.24.220.
Article VI. Variances
Section 15.24.220 Nature of variances.
The variance criteria set forth in this section of the
ordinance are based on the general principle of zoning law that
variances pertain to a piece of property and are not personal in
nature. A variance may be granted for a parcel of property with
physical characteristics so unusual that complying with the
requirements of this ordinance would create an exceptional
Ordinance No. 279
Floodplain Management
Page 21
hardship to the applicant or the surrounding property owners.
The characteristics must be unique to the property and not be
shared by adjacent parcels. The unique characteristic must
pertain to the land itself, not to the structure, its
inhabitants, or the property owners.
It is the duty of the City to help protect its citizens
from flooding. This need is so compelling and the implications
of the cost of insuring a structure built below flood level are
so serious that variances from the flood elevation or from other
requirements in the flood ordinance are quite rare. The long-
term goal of preventing and reducing flood loss and damage can
only be met if variances are strictly limited. Therefore, the
variance guidelines provided in this ordinance are more detailed
and contain multiple provisions that must be met before a
variance can be properly granted. The criteria are designed to
screen out those situations in which alternatives other than a
variance are more appropriate.
Section 15.24.230 Variance process.
A. Variances shall be processed in accordance with Chapter
17.44 "Entitlement- Process and Procedures" of the Municipal
Code. The substance of all variances shall be in compliance with
all FEMA requirements.
1. Filing shall be in accordance with Section 17.44.040 of
the Municipal Code.
2. Noticing and Hearing shall be in accordance with Section
17.44.050 of the Municipal Code.
3. Entitlements shall be in accordance with Section
17.44.030 of the Municipal Code.
B. In determining approval or denial of requests for
variances, the City Council shall consider all technical
evaluations, all relevant factors, standards specified in other
sections of this ordinance, and each of the following:
1. Danger that materials may be swept onto other lands to
the injury of others.
2. Danger of life and property due to flooding or erosion
damage.
3. Susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the existing
individual owner and future owners of the property.
4. Importance of the services provided by the proposed
facility to the community.
5. Necessity to the facility of a waterfront location, where
applicable.
Ordinance No. 279
Floodplain Management
Page 22
6. Availability of alternative locations for the proposed
use that are not subject to flooding or erosion damage.
7. Compatibility of the proposed use with existing and
anticipated development.
8. Relationship of the proposed use to the comprehensive
plan and floodplain management program for that area.
9. Safety of access to the property in time of flood for
ordinary and emergency vehicles.
10. Expected heights, velocity, duration, rate of rise,
and sediment transport of the floodwaters expected at the site.
11. 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.
C. Any applicant to whom a variance is granted shall be
given written notice over the signature of the Floodplain
Administrator 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 in accordance with Federal law;
2. Such construction below the base flood level increases
risks to life and property; and
3. A copy of the notice shall be recorded by the Floodplain
Administrator in the Office of the Ventura County Recorder and
shall be recorded in a manner so that it appears in the chain of
title of the affected parcel of land. A copy of the recorded
notice shall be submitted to the Federal Insurance
Administration, Federal Emergency Management Agency.
D. The Floodplain Administrator will maintain a record of
all variance actions, including justification for their
issuance, and report such variances issued in its biennial
report submitted to the Federal Insurance Administration,
Federal Emergency Management Agency.
Section 15.24.240 Conditions for variances.
A. Generally, variances may be issued for new construction,
substantial improvement, and other proposed new development 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 that the procedures of
Sections 15.24.120 through 15.24.210 of this ordinance have been
fully considered. As the lot size increases beyond one -half
acre, the technical justification required for issuing the
variance increases.
L. V y �'Oypuy�j
Ordinance No. 279
Floodplain Management
Page 23
B. Variances may be issued for the repair or rehabilitation
of "historic structures" as defined in Section 15.24.050 of this
ordinance upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued
designation as an historic structure and the variance is the
minimum necessary to preserve the historic character and design
of the structure.
C. Variances shall not be issued within any mapped
regulatory floodway if any increase in flood levels during the
base flood discharge would result.
D. Variances shall only be issued upon a determination that
the variance is the "minimum necessary" considering the flood
hazard, to afford relief. "Minimum necessary" means to afford
relief with a minimum of deviation from the requirements of this
ordinance. For example, in the case of variances to an elevation
requirement, this means the City Council need not grant
permission for the applicant to build at grade, or even to
whatever elevation the applicant proposes, but only to that
elevation which the City Council believes will both provide
relief and preserve the integrity of the local ordinance.
E. Variances shall only be issued upon a:
1. Showing of good and sufficient cause;
2. Determination that failure to grant the variance would
result in exceptional "hardship" (as defined in Section
15.24.050 of this ordinance) to the applicant; and
3. Determination that the granting of a variance will not
result in increased flood heights, additional threats to public
safety, or extraordinary public expense, create a nuisance (as
defined in Section 15.24.050 - see "Public safety or nuisance ") ,
cause fraud or victimization (as defined in Section 15.24.050)
of the public, or conflict with existing local laws or
ordinances.
F. Variances may be issued for new construction,
substantial improvement, and other proposed new development
necessary for the conduct of a functionally dependent use
provided that the provisions of Sections 15.24.240.A through
15.24.240.E are satisfied and that the structure or other
development is protected by methods that minimize flood damages
during the base flood and does not result in additional threats
to public safety and does not create a public nuisance.
G. Upon consideration of the factors of Sections 15.24.220
and 15.24.230 and the purposes of this chapter, the City Council
may attach such conditions to the granting of variances as it
deems necessary to further the purposes of this ordinance.
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Ordinance No. 279
Floodplain Management
Page 24
SECTION 2. Severability.
This ordinance and the various parts thereof are hereby declared
severable. If any section, subsection, sentence, clause, phrase,
part or portion of this Ordinance is for any reason held to be
invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 3. Date effective.
This Ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 4. Publication.
The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances
of said City; shall make a minute of the passage and adoption
thereof in the records of the proceedings of the City Council at
which the same is passed and adopted; and shall, within fifteen
(15) days after the passage and adoption thereof, cause the same
to be published once in the Moorpark Star a newspaper of general
circulation, as defined in Section 6008 of the Government Code,
for the City of Moorpark, and which is hereby designated for that
purpose.
PASSED AND ADOPTED this day of , 2002.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Cvv"a.0 -0 i