HomeMy WebLinkAboutORD 100 1988 0803AN ORDINANCE
ADDING TITLE
PERTAINING TO
TO SAID TITLE
PREVENTION.
ORDINANCE NO. 100
OF THE CITY OF MOORPARK, CALIFORNIA,
16 TO THE MOORPARK MUNICIPAL CODE,
FLOOD PLAINS; AND ADDING CHAPTER 1
16, PERTAINING TO FLOOD DAMAGE
THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Ordinance No. 42 adopted by the City
Council on October 21, 1985 is hereby repealed in it's entirety.
SECTION 2. That a new title is hereby added to Paragraph
(b) of Section 1.01.004 of the Moorpark Municipal Code, to be
entitled:
1116. Flood Plains."
SECTION 3. That Chapter 1 is hereby added to Title 16 of
the Moorpark Municipal code, to read as follows:
"CHAPTER 1
FLOOD DAMAGE PREVENTION
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 hazard 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
floodproofed, elevated or otherwise protected from flood damage
also contribute to the flood loss.
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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 areas 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 notified that
property is in an areas 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, 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 accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, and other
development which may increase flood damage; and,
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(5) Preventing or regulating the construction of flood
barriers which will unnaturally divert flood waters or
which may increase flood hazards in other areas.
Section 16.01.050. 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 Floodplain
Administrator's interpretation of any provision of this chapter
or a request for a variance.
(3) "Area of Shallow Flooding" is a designated AO 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.
(4) "Base Flood" is the flow having a one percent chance of
being equaled or exceeded in any given year.
(5) "Breakaway Walls" are any type of walls, whether solid
or lattice, and whether constructed of concrete, masonry, wood,
metal, plastic or any other suitable building material which is
not part of the structural support of the building and which is
so designed as to break away under abnormally high tides or wave
action without damage to the structural integrity of the building
on which they are used, or any buildings to which they might be
carried by flood waters. A breakaway wall shall have a safe
design loading resistance of not less than ten and no more than
twenty pounds per square foot. Use of breakaway walls must be
certified by a registered engineer or architect and shall meet
the following conditions:
a. Breakaway wall collapse shall result from a water load
less than that which would occur during the base blood;
and
b. The elevated portion of the building shall not incur
any structural damage due to the effects of wind and
water loads acting simultaneously in the event of the
base flood.
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(6) "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.
(7) "Existing manufactured home park or subdivision" is a
manufactured home park for which the construction of facilities
for servicing the lot on which the manufactured homes are to be
affixed (including, at a minimum, the installation of utilities,
either final site grading or the pouring of concrete pads, and
the construction of streets) are completed before the effective
date of this chapter.
(8) "Expansion to an existing manufactured home park or
subdivision" is 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, either final site grading or pouring of concrete
pads, or the construction of streets).
(9) "Flood or Flooding" is a general and temporary
condition of partial or complete inundation of normally dry land
areas from:
(1) The overflow of inland or tidal flood waters
and /or
(2) The unusual and rapid accumulation of runoff of
surface water from any source.
(10) "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.
(11) "Flood Insurance Rate Map (FIRM)" is 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.
(12) "Flood Insurance Study" is the official report provided
by the Federal Emergency Management Agency that includes flood
profiles, the Flood Insurance Rate Map (FIRM), the Flood Boundary
Floodway Map, and the water surface elevation of the base flood.
(13) " Floodplain management" is the operation of an overall
program of corrective and preventive measures for reducing flood
damage, including but not limited to emergency preparedness
plans, flood control works and floodplain management regulations.
(14) "Floodproofing" means any combination of structural and
non - structural additions, changes or adjustments to structures
which reduce or eliminate flood damage to real estate or improved
property, water and sanitary facilities, structures and their
contents.
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(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; a condition that
increases the possibility of loss due to the erosion of the land
area adjacent to the shoreline or watercourse.
(16) " 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 (1) foot. The floodway is
delineated on the Flood Boundary Floodway Map. Also referred to
as "Regulatory floodway".
(17) "Habitable Floor" means any floor usable for living
purposes, which includes working, sleep, eating or recreation, or
a combination thereof. For flood insurance purposed, 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
floodplain management community -wide.
(19) "Highest Adjacent Grade" means the highest natural
elevation of the ground surface prior to construction next to the
proposed walls of a structure.
(20) "Manufactured home" is a structure, transportable in
one or more sections, which is built on a permanent chassis and
is designed for use with or without a permanent foundation when
connected to the required utilities. For floodplain management
purposes the term "manufactured home" also includes park
trailers, travel trailers and other similar vehicles placed on a
site for greater than 180 consecutive days.
(21) "Mean Sea Level" shall be the Mean Sea Level elevation
as established by the Ventura County Surveyor.
(22) "New Construction" mean structures for which the "start
of construction" commences on or after the effective date of this
chapter.
(23) "New Manufactured Home Park or Subdivision" is a parcel
(or contiguous parcels) of land divided into two or more
manufactured 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
chapter.
(24) "Special flood hazard area (SFHA)" means an area having
special flood or flood - related erosion hazards, and shown on the
FIRM as Zone A, AO, Al -30, AE, A99 or AH.
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(25) "Start of Construction" includes substantial
improvement, and is the date the building permit was issued,
provided the actual start of construction, repair,
reconstruction, placement, or other improvement was within 180
days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage
of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it
include the installation of streets and /or walkways; nor does it
include excavation for a basement, footings, piers, or
foundations or the erection of temporary forms; nor does it
include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not
part of the main structure.
(26) "Structure" means a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
(27) "Substantial Improvement" means any repair,
reconstruction, or improvement to a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure
either:
(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 the State
Inventory of Historic Places.
(28) "Variance" means a grant of relief from the
requirements of this chapter which permits construction in a
manner that would otherwise be prohibited by this chapter.
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Section 16.01.060 Lands to which this Chapter applies
This chapter shall apply to all areas of special flood
hazards within the jurisdiction of the City of Moorpark.
Section 16.01.070 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
Management 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. This
Flood Insurance Study is the minimum area of applicability of
this ordinance and may be supplemented by studies for other areas
which allow implementation of this ordinance and which are
recommended to the City of Moorpark by the Floodplain
Administrator.
Section 16.01.080 Compliance
It is unlawful for any person to construct, locate, extend,
convert, or alter any structure without full compliance with the
terms of this chapter and other applicable regulations.
Section 16.01.090 Abrogation 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 16.01.100 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 16.01.110 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
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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.
Section 16.01.120 Establishment of Development Permit
A Development Permit shall be obtained before construction
or development begins within any area of special flood hazards
established in Section 16.01.070. 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:
(1) Proposed elevation in relation to mean sea level, of
the lowest habitable floor (including basement) of all
structures; in Zone AO elevation of highest adjacent
grade and proposed elevation of lowest habitable floor
of all structures;
(2) Proposed elevation in relation to mean sea level to
which any structure will be floodproofed;
(3) All appropriate certifications listed in Section
16.01.140(3)(a) of this chapter.
(4) Description of the extent to which any watercourse will
be altered or relocated as a result of proposed
development.
Section 16.01.130 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 16.01.140 Duties and Responsibilities of the
Administrator
The duties and responsibilities of the administrator shall
include, but not be limited to:
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(1) Permit Review
(a) Review of all development permits to determine
that the permit requirements of this chapter have
been satisfied;
(b) Ensure that all other required state and federal
permits have been obtained;
(c) Review of all permits to determine that the site
is reasonably safe from flooding;
(d) Review of all development permits to determine if
the proposed development adversely affects the
flood carrying capacity of areas where base flood
elevations have been determined but a floodway has
not been designated. For purposes of this
chapter, "adversely affects" 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.
(2) Use of Other Base Flood Data
When base flood elevation data has not been provided in
accordance with Section 16.01.070, Basis for
Establishing the Areas of Special Flood Hazard, the
Floodplain Administrator 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 developer with an
estimated base flood elevation. Any such information
shall be submitted to the City of Moorpark for
adoption.
(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 be required to 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 Floodplain
Administrator may, at his /her discretion, require
standards exceeding those identified in Section
16.01.190.
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(3) Information to be Obtained and Maintained
The Floodplain Administrator shall obtain and maintain
for public inspection and make available as needed for
flood insurance policies:
(a) The certification required in Sections
16.01.150(3)(a); 16.01.150(3)(b);
16.01.150(3)(c)(6); 16.01.150(3)(d)(1) or
16.01.150(3)(d)(2); 16.01.190(2); and
16.01.210(1); and
(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
certification 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 Section 16.01.250 of this chapter.
(4) Alteration of Watercourses
It is the responsibility of the Floodplain
Administrator 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 Insurance Administration.
(b) Require that the flood- carrying capacity of the
altered or relocated portion of said watercourse
be maintained.
(5) Interpretation of Flood Insurance Rate Map (FIRM)
Boundaries
The Floodplain Administrator 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 Section 16.01.230 of this
chapter.
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(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 Floodplain
Administrator. The community is required to
acknowledge all maintenance plans by the adoption of
such plans by ordinance.
(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
development 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
16.01.140(1)(d) of this chapter.
Section 16.01.150 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 resulting
from hydrodynamic and hydrostatic loads, including
the effects of buoyancy.
(b) All manufactured home units shall meet the
anchoring standards of Section 16.01.200 of this
chapter.
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(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 substantial improvements
shall use methods and practices that minimize
flood damage.
(c) All elements that function as a part of the
structure, such as furnace, hot water heater, air
conditioner, etc., shall be elevated to or above
the base flood elevation or depth number specified
on the Flood Insurance Rate Map (FIRM).
(d) Require within Zones AH or AO adequate drainage
paths around structures on slopes to guide flood
waters around and away from proposed structures.
(3) Elevation and Floodproofing
(a) New construction and substantial improvement of
any structure shall have the lowest floor or
basement floor elevated to or above the base flood
elevation. Non - residential structures will meet
the standards in Section 16.01.150(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. Notification of
compliance shall be recorded as set forth in
Section 16.01.140(3) of this chapter.
(b) New construction and substantial improvement to
any structure in a Zone AO shall have the lowest
floor or basement floor elevated to or above the
depth number specified on the Flood Insurance Rate
Map (FIRM) . If there is no depth number on the
Flood Insurance Rate Map (FIRM), the bottom of the
lowest floor beam or basement floor shall be
elevated to a depth of two (2) feet above the
highest adjacent grade. Non - residential
structures will meet standards in Section
16.01.150(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 16.01.140(3)(b) of this chapter.
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(c) Non - residential construction shall either be
elevated in conformance with Section
16.01.150(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 weight to the structure to resist
flotation.
(5) Armor 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 16.01.140(3)(a)
of this chapter.
(d) New construction and substantial improvements with
fully enclosed areas below the lowest floor that
are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit
of floodwaters. Design for meeting this
requirement must either be certified by a
registered professional engineer or architect or
meet or exceed the following minimum criteria:
(1) Either 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 shall be provided. The
bottom of all openings shall be no higher
than one foot above grade. Openings may be
equipped with screens, louvers, valves or
other coverings or devices provided that they
permit the automatic entry and exit of
floodwaters; or
(2) Be certified to comply with a local
floodproofing standard approved by the
Federal Insurance Administration.
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(e) Mobile homes shall meet the above standards and
also the standards of Section 16.01.150 of this
chapter.
Section 16.01.160 Standards for Alluvial Fans
Areas subject to alluvial fan flooding have irregular flow
paths that result in erosion of existing channels and the
undermining of fill material. Those areas are identified on the
Flood Insurance Rate Map (FIRM) as AO Zones with velocities.
(1) All structures must be securely anchored to minimize
the impact of the flood and sediment damage.
(2) All new construction and substantial improvements must
be elevated on pilings, columns, or armored fill so
that the lowest floor is elevated at or above the depth
number.
(3) Use of all fill materials must be armored to protect
the material from the velocity of the flood flow.
(4) All proposals for subdivision development must provide
a mitigation plan that identifies the engineering
methods 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
disposition.
(5) All manufactured homes shall be prohibited within the
identified hazard area except within existing
manufactured home parks or subdivisions.
Section 16.01.170 Standards for Storage of Materials and
Equipment
(1) The storage or processing of materials that are, in
time of flooding, buoyant, flammable, explosive, or
could be injurious to human, animal, or plant life, is
prohibited.
(2) Storage of other material or equipment may be allowed
if not subject to major damage by floods and firmly
anchored to prevent flotation or if readily removable
from the area within the time available after flood
warning.
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Section 16.01.180. Standards for Utilities
(1) 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 16.01.190. Standards for Subdivisions
(1) All preliminary subdivision proposals shall identify
the flood hazard area and the elevation of the base
flood.
(2) All final subdivision plans will provide the elevation
of proposed structure(s), pads, and adjacent grade. If
the site is filled above the base flood, the final pad
elevation shall be certified by a registered
professional engineer or surveyor and provided to the
Floodplain Administrator as set forth in Section
16.01.140(3)(a) of this chapter.
(3) All subdivision proposals shall be consistent with the
need to minimize flood damage.
(4) All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical, and
water systems located and constructed to minimize flood
damage.
(5) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage as set
forth in Section 16.01.140(1)(a) of this chapter.
Section 16.01.200. Standards for Manufactured Homes
All new and replacement manufactured homes and additions to
manufactured homes shall:
(1) Be elevated so that the lowest floor is at or above the
base flood elevation; and
(2) Be securely anchored to a permanent foundation system
to resist flotation, collapse or lateral movement.
Section 16.01.210. Floodways
Located within areas of special flood hazard established in
Section 16.01.070 of this chapter are areas designated as
floodways. Since the floodway is an extremely hazardous area due
to the velocity of flood water which carry debris, potential
projectiles, and erosion potential, the following provisions
apply:
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(1) Prohibit encroachments,
including
fill, new
construction,
substantial
improvements, and other
development
unless certification by
a registered
professional
engineer or
architect
is provided,
demonstrating
that encroachments
shall
not result in
any increase
in flood levels
during the
occurrence of
the base flood discharge.
(2) If no floodway is identified, the permit holder shall
provide an engineering study for the project area that
establishes a setback where no encroachment of any new
development will be allowed that would increase the
water surface elevation of the base flood, plus one (1)
foot; or establish a setback from the stream bank equal
to five (5) times the width of the stream at the top of
the bank or twenty (20) feet on each side form the top.
Section 16.01.220. Flood- Related Erosion -Prone Areas
(1) The Floodplain Administrator shall require permits for
proposed construction and other development with all
flood - related erosion -prone areas as known to the community.
(2) Such permits shall be reviewed to determine whether the
proposed site alteration and improvements will be reasonably safe
from flood - related erosion and will not cause flood- related
erosion hazards or otherwise aggravate the existing hazard.
(3) If a proposed improvement is found to be in the path of
flood- related erosion or would increase the erosion hazard, such
improvement shall be relocated or adequate protective measures
shall be taken to avoid aggravating the existing erosion hazard.
(4) Within Zone E on the Flood Insurance Rate Map, a
setback is required for all new development from the ocean, lake,
bay, riverfront or other body of water to create a safety buffer
consisting of a natural vegetative or contour strip. This buffer
shall be designated according to the flood - related erosion hazard
and erosion rate, in relation to the anticipated "useful life" of
structures, and depending upon the geologic, hydrologic,
topographic and climatic characteristics of the land. The buffer
may be used for suitable open space purposes, such as for
agricultural, forestry, outdoor recreation and wildlife habitat
areas, and for other activities using temporary and portable
structures only.
Section 16.01.230. 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.
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(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 Floodplain Administrator in the
enforcement or administration of this chapter.
(3) The Applicant or any taxpayer aggrieved by the decision
of the City Council 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.
(4) 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 other.
(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 compatibility 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
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.
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(5) Generally, variances may be issued for new construction
and substantial improvements to be erected on a lot of one -half
acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level,
providing all items in Section 16.01.230(4) have been fully
considered. As the lot size increases beyond the one -half acre,
the technical justification required for issuing the variance
increases.
(6) Upon consideration of the factors of Section
16.01.230(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 Floodplain Administrator shall maintain the records
of all appeal actions and report any variances to the Federal
Emergency Management Agency upon request.
Section 16.01.240. Conditions for Variances
(1) Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed on the
National Register of Historic Places or the State Inventory of
Historic Places, without regard to the procedures set forth in
the remainder of this 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 a 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 increased flood heights,
additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on
or victimization to the public, or conflict with
existing local laws or ordinances.
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(5) Variances may be issued for new construction and
substantial improvements and for other development necessary for
the conduct of a functionally dependent use provided that the
provisions of Sections 16.01.240(1) through 16.01.240(4) are
satisfied and that the structure or other development is
protected by methods that minimize flood damages during the base
flood and create no additional threats to public safety.
(6) Any applicant to whom a variance is granted shall be
given written notice that the structure will be permitted to be
built with a specified lowest flood elevation below the base
flood elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced
lowest floor elevation. 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.
Section 16.01.250. 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 lowest floor.
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(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.
(c) Verification by local building official as to
the property's location."
SECTION 4. This ordinance and the various parts thereof are
hereby declared to be severable. Should any section of this
ordinance be declared by the courts to be unconstitutional or
invalid, such decision shall not affect the validity of the
ordinance as a whole, or any portion thereof other than the
section so declared to be unconstitutional or invalid.
SECTION 5. 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 ordinances of this
City.
APPROVED AND ADOPTED this 17th day of
ATTEST:
August
1988.
(;, - 2! ee
or of the City of Moorpark,
California
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STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.
CITY OF MOORPARK )
I, Maureen W. Wall, City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury, that the foregoing Ordinance No.
100 was regularly introduced and approved for first reading at a
meeting of the City Council on the 3rd day of August 1988,
by the following vote, to wit:
AYES: Council-members Brown, Galloway, Harper, Perez and Mayor Lane.
NOES: None.
ABSTAIN: None.
ABSENT: None.
and, that said ordinance was duly approved for second reading and adopted at
a meeting of the City Council on the 17th day of August 1988,
by the following vote, to wit:
.YES: Councilmembers Brown, Galloway, Harper, Perez and Mayor Lane.
NOES: None.
ABSTAIN: None.
ABSENT: None.
WITNESS my hand and the official seal of said City this 19th day of
August , 1988