Loading...
HomeMy WebLinkAboutORD 042 1985 1021ORDINANCE NO. 42 AN ORDINANCE OF THI; CITY OF MOORPARK, CALIFORNIA, ADDING "!IITLE 16 TO THE MOORPARK MUNICIPAL CODE, PERTAINING TO FLOOD PLAINS; AND ADDING CHAPTER 1 TO SAID TITLE 16, PERTAINING TO FLOOD DAMAGE PREVENTION. THE CITY COUNCIL 01' THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That a new title is hereby added to Paragraph (b) of Section 1.01.004 of the Moorpark Municipal, to be entitled: 1116. Flood Plains." SECTION 2. That Chapter 1 is hereby added to Title 16 of the Moorpark Municipal Code, to read as follows: "CHAPTER 1 FLOOD DA IMAGE. PREVENTION ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES Section 16.01.010. Statutory Authorization The legislature of the State of California has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. This Chapter is adopted pursuant to applicable provisions of state law. Section 16.01.020. Findings of Fact (1) The flood hazaru areas of the 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. (2) These 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 anchored, damage uses in other areas. Uses that are inadequately flood - proofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 0 Section 16.01.030. 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 >ireas by provisions designed: (1) To protect human 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 notifed 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. Section 16.01.040. 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; (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 accomsrodate, or channel flood waters; (4) Controlling, filling, grading, dredging, and other dE'VeloJ)m ant which may .increase flood damage; and -2- (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. ARTICLE 2. DEFINITIONS Section 16.02.010. Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. (1) "Alluvial Fan" is an area subject to flooding when the floodplain is comprised of low flow channels where sediment accompanies the shallow flooding and the unstable soils scour and erode during a flooding event. (2) "Appeal" is a request for a review of City Engineer's interpretation of any provision of this chapter or a request for a variance. (3) "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 interminate; and velocity flow may be evident. (4) of being "Base Flood" is the floow having a one percent chance equaled or exceeded in any given year. (5) "Breakaway Walls" are any type of walls, wether solid or lattice, and whether constrcuted 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. (6) "Coastal High Hazard Area" is the area subject to high velocity waters, inclduing coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone V1 -30. (7) "Development" is any man -made change to improved or unimproved real estate, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. -3- (8) "Existing Mobile dome Park or Mobile Dome Subdivision" is a parcel (or contiguous parcels) of land divided into two or more mobild home lots for rent or sale, for which the construction of facilities for servicing the lots on which the mobile home-i-1- to be affixed (including, at a minimum, the installation of Utilities, either final site .trading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this ordinance. (9) "Expansion to an Existinq Mobile home Park or Mobile Home Subdvision" 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 installation of utilities, either final site grading or pouring of concrete pads, or the constuction of streets). (10) "Flood or Flooding" is a general and temporary con- dition 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 of runoff of survace waters from any source. (11) "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. (12) "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. (13) "Flood Insurance Study" is the official report pro- vided 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. (14) "Floodproofing" means 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. (15) "Flood - Related Erosion" is a condition that exists in conjunction with a flooding event that alters the composition 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. (16) "Floodw �" means the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the rase `lood without cumulatively increasing the water surface elevation :n>r.e than one (1) foot. The floodway is delineated on ,he Moot Boundary Floodway Map. (17) "Habitable Floor" means any floor usable for living purposes, which includes working, sleep, eating or recreation, or a combination thereof. For flood insurance pur-poses,- habitable -floor and lowest-floor"-will share the same definition. (18) "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 floodFlain management community -wide. (14) "Highest Grade" means the highest natural elevation of the ground surface prior to constuction next to the proposed walls of a structure. (20) "Manufactured Unit" is a prefabricated structure in one or more sections that is assembled on -site with a permanent foundation. (21) "Mobile Home" is a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with it 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. (22) "New Construction" means structures for which the "start of construction" commenced on or after the effective date of this chapter. (23) "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 facilities for 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. (24) "Sand Dunes" are naturally occurring accumulations of sand in ridges or mounds landward of the beach. (25) "Start of construction" is the first placement of permanent construction of a structure (other than a mobild 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 mobild 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, " :.tart _of .construction" means the,- a- f- fi -ing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of con- struction" means the date on whic the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the constuuciton of streets, either final site grading, or the pouring of concrete pads, and installa- tion of utilities) is completed. (26) "Structure" is a walled and roofed building or mobile home that is principally above ground. (27) "Substantial Improvement" means any repair, recon- struction, or improvement to a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either.: (a) Before the improvement or repair is started, or (b) 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: (a) 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 (b) Any alteration of a structure listed on the National Register of historic Places or a State Inventory of Historic places. (28) "Variance" means a grant of relief from the require- ments of this chapter which permis construction in a manner that would otherwise be prohibited by this chapter. ARTICLE 3. GENERAL PROVISIONS Section 16.03.010 Lands to which this Chapter applies This chapter shall apply to all areas of spcial flood hazards within the jurisdiction of the City of Moorpark. -6- Section 16.03.020 Basis for Establishing the Areas of Special Flood Hazard -The areas -of special flood hazard identified by the Federal Insurance Administration, through the Federal Emergency Manage- ment Agency in a scientific and engineering report entitled "The Flood Insurance Study for the City of Moorpark ", dated September 26, 1984, with an accompanying Flood Insurance Rate Map, is hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file at the City Hall, 799 Moorpark Avenue, Moorpark California 93021. Section 16.03.030 Compliance No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Section 16.03.040 Abroqation and Greater Restrictions This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions; however, where this chapter and/or other ordinances, easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section 16.03.050 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. Section 16.03.060 Warning and Disclaimer of Liability The degree of flood protection required 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 Moorpark, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. -7- ARTICLE 4. ADMINISTRATION Section 16.04.010 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 16.03.020. Application for a Development Permit shall be made on forms furnished by the City Engineer and may include, but not be limited to: plans in duplicate scale showing the nature, location, dimensions, and elevation of the area in questioen; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the fore- going. Specifically, the following information is required: (1) Proposed elevation in relation to mean sea level, of the lowest habitable floor (including basement) of all structures; in Zone AO 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 nonresidential structure meet the floodproofing criteria in Section 16,05.010(3)(c); and (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Section 16.04.020 Designation of the Administrator The City Engineer is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. Section 16.904.030 Duties and Responsibilities of the Administator The duties and responsibilities of the administrator shall include, but not be limited to: (1) Permit Review (a) Review of all development permits to determine that the permit requirements of this chapter have been satisfied. (b) Review of all permits to determine that the site is reasonably safe from flooding. (c) 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 cumulative 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. (d) Review of all proposals for the develoment 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. (2) Use of Other Base Flood Data When base flood elevation data has not been provided in accordance with Section 16.03.020, Basis for Establishing the Areas of Special Flood Hazard, the City Engineer shall obtain, review and reasonably utilize the base base flood data available from any source: federal state, or other; such as high water mark(s), floods of record, or private engineering reports, in order to administer Article 5 of this chapter, and provide the develop with an estimated base flood elevation. (a) 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 floodproof to meet this standard. (b) 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. The City Engineer may, at his /her discretion, require standards exceeding those identified in Section 16.05.050. (3) Information to be Obtained and Maintained The community shall obtain and maintain for public inspection and make available as needed for flood insurance policies: (a) The certification required in Sections 16.05.010(3), 16.05.050(5), 16.05.060(5) and 16.05.080(2)(c); and "L' (b) 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 certivication shall be cause to issue a stop -work order for the project. As built plans certifying the elevation of the lowest adjacent grades are also required. (c) 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 Article 7 of this chapter. (4) Alteration of Watercourses It is the responsibility of the City Enginner to: (a) Notify adjacent communities and the State of California Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (b) It is required that the flood carrying capacity of the altered or relocated portion of said water- course be maintained by the Community. (5) Interpretation of Flood Insurance Rate Map (FIRM) Boundaries The community 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 interpretation as provided in Article 6 of this chapter. (6) 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 City Engineer. The commun- ity is required to acknowledge all maintenance plans by the adoption of such plans by ordinance. -10- (7) 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 required before approval: (a) Determination of whether or not a proposed devel- opment is in or affects a known floodplain. (b) Inform the public of the proposed activity. (c) Determine if there is a practicable alternative or site for the proposed activity. (d) Identify impact of the activity on the floodplain. (e) Provide a plan to mitigate the impact of the activity with provisions in Section 16.04.030(1)(d) of this chapter. ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION Section 16.05.010 Standards of Construction In all areas of special flood hazard, the following standards are required: (1) Anchoring (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 16.05.060(1) of this chapter. (2) Construction Materials and Methods (a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (b) All new construction and sbustantial improvements shall use methods and practices that minimize flood damage. (c) All elements that function structure, such as furnace, conditioner, etc., shall be the base flood elevation or on the Flood Insurance Rate -11- as a part of the hot water heater, air elevated to or above depth number specified 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 16.05.010(3)(c) of this chapter. 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. Notifi- cation of compliance shall be recorded as set forth in Section 16.04.030(3) of this chapter. (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 he 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 16.05.010(3)(c) of this chapter. 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 16.04.030(3) of this chapter. (c) Non - residential consturction shall either be elevated in conformance with Section 16.05.010(3)(a) or (b), or together, with attendant utility and sanitary facilities, be floodproofed to the base flood elevation. Examples of floodproofing include, but are not limited to: (1) Installation of watertight doors, bulkheads, and shutters. (2) Reinforcement of walls to resist water pressure. (3) Use of paints, membranes, or mortars to reduce seepage through walls. (4) Addition of mass or weight to structure to resist flotation. -12- (5) Armour protection of all fill materials from scour and /or erosion. (6) Certification by a registered professional engineer or architect that the standards of this sub - section are satisfied. Such certification shall be provided to the official set forth in Section 16.04.030(3)(a) of this chapter. (d) Mobile homes shall meet the above standards and also the standards in Article 5 of this chapter. (e) Structures in Coastal High Hazard Areas shall meet the requirements of Article 5 of this chapter. Section 16.05.020 Standards for Alluvial Fans Areas subject to alluvial fan flooding have irregular flow paths that result in erosion of existing channels and the under- mining 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 proect the material from the velocity of the flood flow. (4) All proposals for subdivision development must pro- vide a mitigation plan that identifies the engineering methods used 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 dis- position. (5) All mobile homes shall be prohibited within the iden- tified hazard area except within existing mobile home parks or subdivisions. Section 16.05.030. Standards for Storage of Materials and Equi ment (1) 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. - ] 3- (2) Storage of other material or equipment may be allowed if not subject to major damage by floods and fimrly _ anchored to provent flotation or if readily.removable from the area within the time available after flood warning. Section 16.05.040. Standards for Utilities (a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. (2) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. Section 16.05.050. 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 pro- fessional engineer or surveyor and provided to the official as set forth in Section 16.04.030(3)(x) of this chapter. (3) All subidvision 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 16.04.030(1)(a) of this chapter. Section 16.05.060. 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 desic:.ied to withstand horizontal forces of 15 pounds per square foot and uplift forces of 9 pounds per square foot; or (b) By the anchoring of the unit's sytem, designed to be in compliance with the Department of Housing and Urban Development Mobile Home Con- struction and Safety Standards; or (c) By bolting the frame or undercarriage to a reinforced, permanent foundation, such as a retaining wall or storm wall used to set the unit. As set forth in Section 16.04.030(3)(x), 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) expan- sions to existing mobile home parks or subdivisions, and (d) repair, reconstruction, or improvements to existing mobile home parks or subdivisions that equal or exceed 50 percent of the value of the streets, utilities, and pads before the repair, reconstruction, or improvement commenced. (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: (1) The lots shall be large enough to permit steps; (2) The pilings shall be placed on stable soil no more than ten feet apart; and (3) 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 on existing mobile home subdivision. (4) 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. (5) Certification of compliance is required of the developer responsible for the plan or state agency responsible for regulating mo!:ile home placement. -15- Section 16.05.070. Flc)ud%,;ays Located within areas of special flood.hazard establis -hed in Section 16.03.020 of this chapter are areas designed 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 construc- tion, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided, demonstrating that encorachments 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. Section 16.05.080. Coastal High Hazard Area (1) Coastal high hazard areas (V Zones) are located within the areas of special flood hazard established in Section 16.03.020 of this chapter. these areas have special flood hazards associated with high velocity waters from coastal and tital inundation tsunamis; therefore, the following provisions shall apply: (a) All buildings or structures shall be located land- ward out of reach of the mean high tide. (b) The placement of mobile homes shall be prohibited, except in an existing mobile home park or mobile home subdivision. (2) Construction methods are: (a) Elevation. All buildings or structures shall be elevated so that the lowest supporting member is located no lower than the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in subparagr: ph (d) (2) hereinafter. -16- (b) Structural_ support: (1) All buildings or structures shall be securely anchored on pilings or columns. (2) Pilings or columns used as structural support shall be designed and anchored so as to withstand all impact forces and buoyancy factors of the base flood. (3) There shall be no fill used for structural support. (c) Certification. Compliance with the provisions of Sections 16.05.080(2) and 16.05.080(2)(b)(1) and (2) of this chapter shall be certified to by a registered professional engineer or architect and provided to the official as set forth in Section 16.04.030(3) of this chapter. (d) Space Below the Lowest Floor: (1) Any alteration, repair, reconstruction or improvement to a structure started after the enactment of this ordinance shall not enclose the space below the lowest floor unless break- away walls are used as provided for in this article. (2) Breakaway walls may be allowed below the base flood elevation provided they are not a part of the structural support of the building and are designed so as to break away, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used. (3) If breakaway walls are utilized, such enclosed space shall not be used for human habitation. (4) Prior to construction, plans for any struc- ture that will have breakaway walls must be submitted to the City Engineer for approval. ARTICLE 6. VARIANCE PROCEDURES Section 16.06.010. Appeal Board (1) The City Council, as established by the City of Moorpark, shall hear and decide appeals and requests for variances from the requirements of this ordinance. (2) 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 City Engineer of this chapter. -17- (3) Those aggrieved by the decision of the City Council or any taxpayer, may appeal. such decision to the Superior Court, as provided in Section 1094.5 of the Code of Civil Procedures of the State of California. (14) In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards, etc., specified in other articles of this chapter, and: (a) The danger that materials may be swept onto other lands to the injury of others. (b) The danger to life and property due to flooding or erosion damage. (c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (d) The importance of the services provided by the proposed facility to the community. (e) The necessity to the facility of a waterfront location, where applicable. (f) The availability of alternative locations, for the proposed uses that are not subject to flooding or erosion damage. (g) The compatability of the proposed use with existing and anticipated development. (h) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area. (i) The safety of access to the property in times of flood for ordinary and emergency vehicles. (j) 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. (k) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, and streets and bridges. (5) Generally, variances may be issued for new construction 1 and subst<:.tial improvements to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with existing structures c(;nst: acted be_° ilc,w: r.i:e base flood level, providing all items in Section 16.`)6.010(4) have been fully considerecl. As the lot size increases beyond the one -half' acre, the technicai justi f icat -loo required fc:r issuing the variance increa3;es. (6) Upon consideration of the factors of Section 16.06.010(4) and the purpose, of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter. (7) The Citv Engineer shall rlaintai.n the records of all appeal actions and report any variances to the Federal Emergency Managelrent Agency upon request. Section 16.06.020. 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 thy- State inventory o.`: historic Places, without regard to the procedures set forth in the remainder of this article. (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 be issued only upon determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (4) Variances shall be based only 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 increase flood heights, additional threats to public safety, extra- ordinary 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 II variance is granted shall be give:; written notice that the structure will be permitted to be built with a lowest hood . 1ev<.it -, :; i�c low t.ile i� use f l.vc c: -19- 0 elevation and that the cost. of flood insurance will be com- mensurate with the increased risk resulting from the reduced lowest floor elevation. ARTICLE 7. LETTER OF MAP AMENDMENT Section 16.07.010. 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: (1) .Appeal to Elevation Requirements: (a) 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. (b) A copy of the Flood Hazard Boundary Map (FHBM) and /or Flood Insurance Rate Map (FIRM). Both must identify the location of the property. (c) A certification by a registered professional engineer or land surveyor or verification by the community building official stating: (1) The type of structure. (2) The elevation of the lowest finished grade adjacent to the structure. (3) The elevation of the bottom of the lowest floor beam. (2) Appeal of Location: (a) 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.). (b) 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. (c) Verification by local building official as to the property's location." -20- SECTION 3. The City Clerk shall, within 15 days after the passage of this ordinance, cause it to be posted in at least the three 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 oridnances of this City. ATTEST: APPROVED AND ADOPTED this 21 day of 12 City Clerk October , 1985. Mayor of the city "Of Moorpark, California -21- STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, DORIS D. BANKUS , City Clerk of the City of Moorpark, Calfiornia, do hereby certify that the foregoing Ordinance No. 42 was adopted by the City Council of the City of Moorpark, at a regular meeting thereof, held on the 21 day of October , 1985, and that the same was adopted by the following vote, to wit: AYES: Councilmembers Weak, Ferguson, Woolard, Yancy- Sutton and Mayor Prieto; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 21 day of October , 1985. CITY CLERK (SEAL)