HomeMy WebLinkAbout1997-06-10 - AGENDA REPORTS - FLOODPLAIN MGMT ORD (2)City Manal
Item to be
T. Brad Therrien
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DATE: June 10, 1997
SUBJECT: FLOODPLAIN MANAGEMENT ORDINANCE
RESOLUTION NO. 97-67
ORDINANCE NO. 97-11
DEPARTMENT: Building and Engineering Services
The 1968 National Flood Insurance Act created the National Flood Insurance Program. This
program, which is administered by the Federal Emergency Management Agency (FEMA), was
designed to reduce future flood losses through local floodplain management, and to protect
property owners against potential losses by providing flood insurance. As part of the agreement
to make flood insurance available in the City, the National Flood Insurance Program (NFIP)
requires that the City adopt a Floodplain Management Ordinance.
Currently, the City has two Floodplain Management Ordinances. Ordinance No. 88-19, known
as the City of Santa Clarita Floodplain Management Ordinance, which adopted Federal
Floodplain Management regulations, was approved by Council as an urgency measure in April
1988. Ordinance 88-32, which also regulates development in the floodplains, was adopted in
July 1988.
The California Department of Water Resources has been retained by FEMA to assist in
administering the NFD'. As a result of a recent community assistance visit, it was determined
that our existing Floodplain Management Ordinances are outdated and need to be revised. City
staff has prepared a new ordinance patterned after a model ordinance provided by the
Department of Water Resources, which includes modifications to better meet the specific needs
of Santa Clarita.
Staff members from various City departments have reviewed the ordinance and provided input
that has been incorporated into this proposed ordinance. The changes to the model ordinance
have been approved by the Department of Water Resources. Since most of the changes included
in this ordinance are currently incorporated in existing City floodplain policies, the adoption of
this ordinance will not create any significant changes in the current requirements. Ordinance
No. 97-11 will provide a comprehensive guide to City regulations for development within the
floodplains.
Adopted: o °�� `°�' Agenda Item:
FLOODPLAIN MANAGEMENT ORDINANCE
RESOLUTION NO. 97-67 - ORDINANCE NO. 97-11
June 10, 1997 - Page 2
1. Council adopt Resolution No. 97-67, approving the negative declaration.
2. Council introduce Ordinance No. 97-11 which, upon adoption, will amend the Santa Clarita
Municipal Code and repeal Ordinance Nos. 88-19 and 88-32.
3. Council waive further reading, and pass to a second reading Ordinance No. 97-11.
ATTACHMENTS
Resolution No. 97-67
Ordinance No. 97-11
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CITY OF SANTA CLARITA
DEPARTMENT OF COMMUNITY DEVELOPMENT
APPLICATION: City of Santa Clarita Floodplain Management Ordinance
PROJECT LOCATION: Citywide
PROJECT DESCRIPTION: This project proposes to repeal and replace the City's Floodplain
Management Ordinance with updated floodplain standards in accordance with recommendations
from the State Department of Water Resources on behalf of the Federal Emergency
Management Agency. The purpose of this ordinance is to regulate development within the
floodplain to improve public safety and protect of property.
PROJECT PROPONENT: City of Santa Clarita
A DRAFT NEGATIVE DECLARATION has been prepared for this proposed project and is
available for a 21 day public review beginning at 4:00 p.m. on May 20, 1997 and ending at 4:00
p.m. on June 10, 1997 at:
City Hall
Department of Community. Development
23920 Valencia Boulevard, Ste. 302
Santa Clarita, CA 91355
If you wish to challenge the action taken on this matter in court, you may be limited to raising
only those issues you or someone else raised in written correspondence delivered to the City
Clerk, City of Santa Clarita at, or prior to, 4:00 p.m. June 10, 1997. The City Council will
consider adoption of the negative declaration after the close of the public comment period.
For further information regarding this proposal, you may contact the City of Santa Clarita
Department of Building and Engineering Services at 23920 Valencia Boulevard, Third Floor,
Santa Clarita, CA 91355. Contact: Curtis Nay. Telephone: (805) 286-4135.
Anthony J. Nisich
Director of Building and Engineering Services
City Engineer
Posted: Santa Clarita City Hall, Sheriffs Department
Published: The Newhall Signal May 20, 1997
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ORDINANCE NO. 97-11
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA CLARITA ADOPTING A
FLOODPLAIN MANAGEMENT ORDINANCE AS A
FLOOD DAMAGE PREVENTION MEASURE
WHEREAS, the 1968 National Flood Insurance Act was passed by Congress creating
the National Flood Insurance Program, which was designed to reduce future flood losses
through local floodplain management and to provide protection for property owners against
potential losses through flood insurance;
WHEREAS, as part of the agreement for making flood insurance available in the
community the National Flood Insurance Program requires that the City adopt a floodplain
management ordinance containing certain minimum requirements intended to reduce future
flood losses;
WHEREAS, the City Council adopted Ordinance No. 88-19, which requires that all
construction within flood -prone areas designated as "A" Zone by the National Flood Insurance
Program, comply with Federal Floodplain Management regulations as defined in Title 44, Code
of Federal Regulations, Section 60.3;
WHEREAS, the City Council adopted Ordinance No. 88-32, which was prepared by
the State and which is consistent with the Federal Regulations adopted in Ordinance No. 88-19
as a measure to regulate development within the floodplain areas of the City;
WHEREAS, in January of 1997, the State Department of Water Resources prepared
a new model Floodplain Management Ordinance regulating development within the floodplain
areas of the City, and is requesting that the City adopt this ordinance as a replacement of the
existing City Floodplain Management Ordinances.
WHEREAS, the model ordinance was revised by City staff and is hereby submitted
to Council for adoption as the City Floodplain Management Ordinance;
WHEREAS, a provision of the California Environmental Quality Act (CEQA') of 1970,
amended, Public Resources Code Sections 21000-21774, require the evaluation of the Negative
Declaration for projects which require a discretionary action;
WHEREAS, a Negative Declaration for this ordinance was prepared, noticed, and
circulated for public review in compliance with the provisions of CEQA and the City's
Environmental Guidelines; and
WHEREAS, in accordance with Government Code Section 65854, the City Council
held a duly noticed public meeting on June 10, 1997. This public meeting was noticed in
accordance with Government Code Section 65091.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
ORDINANCE NO. 97-11
June 10, 1997 - Page 2
SECTION 1.
a. That new standards be adopted in accordance with the State Model Ordinance
based on the Statutory Authorization, Findings of Fact, Purpose and Methods noted in
Exhibit "A;" and
b. That Ordinance No. 88-32 and Ordinance No. 88-19 are hereby repealed; and
c. That Title 10 of the Santa Clarita Municipal Code is hereby amended to add
Chapter 10.06, "FLOODPLAIN MANAGEMENT," to read in its entirety as follows:
"Sections:
10.06.01
DEFINITIONS
10.06.02
GENERAL PROVISIONS
10.06.03
ADMINISTRATION
10.06.04
PROVISIONS FOR FLOOD HAZARD REDUCTION
10.06.05
VARIANCE PRECEDENCE
10.06.01.005 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 chapter its most reasonable application.
10.06.01.010 "Accessory use" means a use which is incidental and subordinate to the
principal use of the parcel of land on which it is located.
10.06.01.015 "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.
10.06.01.020 "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.
10.06.01.025 "Appeal" means a request for a review of the Floodplain Administrator's
interpretation of any provision of this chapter.
10.06.01.030 "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
ORDINANCE NO. 97-11
June 10, 1997 - Page 3
10.06.01.030 "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.
10.06.01.035 "Area of special flood hazard" - See "Special flood hazard area."
10.06.01.040 `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 chapter.
10.06.01.045 "Basement" means any area of the building having its floor subgrade -
i.e., below ground level - on all sides.
10.06.01.050 'Building" - see "Structure".
10.06.01.055 '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.
10.06.01.060 "Encroachment" means the advance or infringement of uses, plant
growth, fill, excavation, buildings, permanent structures or development into a floodplain which
may impede or alter the flow capacity of a floodplain.
10.06.01.065 "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.
10.06.01.070 "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).
10.06.01.075 "Flood, flooding, or flood water" means: a general and temporary
condition of partial or complete inundation of normally dry land areas from the overflow of
inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any
source.
10.06.01.080 "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.
ORDINANCE NO. 97-11
June 10, 1997 - Page 4
10.06.01.085 "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.
10.06.01.090 "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.
10.06.01.095 "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.
10.06.01.100 "Floodplain or flood -prone area" means any land area susceptible to
being inundated by water from any source - see "Flooding".
10.06.01.105 "Floodplain Administrator" is the Director of Building & Engineering
Services appointed pursuant to this chapter.
10.06.01.110 "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.
10.06.01.115 "Floodplain management regulations" means this chapter, 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.
10.06.01.120 "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.
10.06.01.125 "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".
10.06.01.130 "Floodway fringe" is that area of the floodplain on either side of the
"Regulatory Floodway" where encroachment may be permitted.
10.06.01.135 "Fraud and victimization" as related to 10.06.05, Variances, of this
chapter, means that the variance granted must not cause fraud on or victimization of the public.
ORDINANCE NO. 97-11
June 10, 1997 - Page 5
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 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.
10.06.01.140 "Governing body" is the City Council of the City of Santa Clarita that
is empowered to adopt and implement regulations to provide for the public health, safety, and
general welfare of its citizenry.
10.06.01.145 "Hardship" as related to 10.06.05, Variances, of this chapter, means the
exceptional hardship that would result from a failure to grant the requested variance. The
(governing body) 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.
10.06.01.150 "Highest adjacent grade" means the highest natural elevation of the
ground surface prior to construction next to the proposed walls of a structure.
10.06.01.155 "Historic structure" means any structure that is
a. 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;
b. 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;
c. Individually listed on Table 05-3, Historic Resources in the Open Space and
Conservation Element of the City's General Plan.
d. 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
e. 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
with approved programs.
ORDINANCE NO. 97-11
June 10, 1997 - Page 6
10.06.01.160 "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.
10.06.01.165 "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.
10.06.01.170 "Lowest floor" means the lowest floor of the lowest enclosed area,
including basement (see "Basement" definition).
a. 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:
1. The wet floodproofing standard in Section 10.06.04.005c3.
2. The anchoring standards in Section 10.06.04.005a.
3. The construction materials and methods standards in Section 10.06.04.005b.
4. The standards for utilities in Section 10.06.04.010.
b. 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.
10.06.01.175 "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".
10.06.01.180 "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.
10.06.01.185 "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.
10.06.01.190 "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.
ORDINANCE NO. 97-11
June 10, 1997 - Page 7
10.06.01.195 "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.
10.06.01.200 "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.
10.06.01.205 "One -hundred -year flood" or "100 -year flood" - see "Base flood."
10.06.01.210 "Public safety and nuisance" as related to 10.06.05, Variances, of this
chapter, 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.
projection;
10.06.01.215 "Recreational vehicle' means a vehicle which is:
a. Built on a single chassis;
b. Four hundred square feet or less when measured at the largest horizontal
c. Designed to be self-propelled or permanently towable by a light-duty truck; and
d. Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
10.06.01.220 "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.
10.06.01.225 "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 chapter or otherwise deterring future similar violations, or
reducing State or Federal financial exposure with regard to the structure or other development.
ORDINANCE NO. 97-11
June 10, 1997 - Page 8
10.06.01.230 "Riverine" means relating to, formed by, or resembling a river
(including tributaries), stream, brook, etc.
10.06.01.235 "Sheet flow area" - see "Area of shallow flooding".
10.06.01.240 "Special flood hazard area (SFHA)" means an area having special flood,
mudslide (i.e., mudflow); or flood -related erosion hazards, and shown on an FHBM or FIRM as
Zone A, AO, Al -A30, AE, A99, AH, E; or M.
10.06.01.245 "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 asthe placement
of reinforcement steel for slabs or footings, the installation of piles, the construction of columns,
or any work beyond the stage of excavation; or the placement of a manufacture 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, whether or not that alteration affects the external
dimensions of the building.
10.06.01.250 "Structure" means a walled and roofed building that is principally above
ground; this includes a gas or liquid storage tank or a manufactured home.
10.06.01.255 "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.
10.06.01.260 "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 which have incurred "substantial damage",
regardless of the actual repair work performed. The term does not, however, include either:
a. 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
b. Any alteration of a "historic structure", provided that the alteration will not
preclude the structure's continued designation as a "historic structure".
ORDINANCE NO. 97-11
June 10, 1997 - Page 9
10.06.01.265 "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.
10.06.01.270 "Violation" means the failure of a structure or other development to be
fully compliant with this chapter. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance required in this chapter is
presumed to be in violation until.such time as that documentation is provided.
10.06.01.275 "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.
10.06.01.280 "Watercourse' means a lake, river, creek, stream, wash, arroyo,
channel or other topographic feature on or over which waters flow at least periodically.
Watercourse includes specifically designated areas in which substantial flood damage may occur.
Section 10.06.02
GENERAL PROVISIONS
10.06.02.005 Lands to Which This Chapter. Applies. This chapter shall apply to all
areas of special flood hazards within the jurisdiction of the City of Santa Clarita.
10.06.02.010 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
29, 1989, and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and
Floodway Maps (FBFMs), dated September 29, 1989, and all subsequent amendments and/or
revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS
and attendant mapping is the minimum area of applicability of this chapter and may be
supplemented by studies for other areas which allow implementation of this chapter 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 Director of Building & Engineering Services at 23920
Valencia Boulevard, Suite 300, Santa Clarita, California 91355.
10.06.02.015 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. Violation of.the requirements (including violations of
conditions and safeguards established in connection with conditions) shall constitute a
misdemeanor, and shall also be considered a municipal code violation subject to fines and
penalties as provided for in Chapter 1.02 of the Santa Clarita Municipal Code.
Nothing herein shall prevent the City Council from taking such lawful action as is
necessary to prevent or remedy any violation.
ORDINANCE NO. 97-11
June 10, 1997 - Page 10
10.06.02.020 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 another ordinance, easement, covenant, or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
10.06.02.025 Interpretation. In the interpretation and application of this chapter,
all provisions shall be:
a. Considered as minimum requirements;
Liberally construed in favor of the governing body; and
c. Deemed neither to limit nor repeal any other powers granted under state
statutes.
10.06.02.030 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 Santa Clarita, City Council, or 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 reliance on this chapter or any administrative decision lawfully made
hereunder.
Section 10.06.03
10.06.03.005 Establishment of a Floodplain Area Development Permit. A floodplain
area development permit shall be obtained before any construction or other development begins
within any area of special flood hazard established in 10.06.02.010. 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. Proposed elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures - in Zone AO, elevation of highest adjacent grade and proposed
elevation of lowest floor of all structures;
b. Proposed elevation in relation to mean sea level to which any non-residential
structure will be floodproofed, if required in Section 10.06.04.005c3.
ORDINANCE NO. 97-11
June 10, 1997 - Page 11
c. All appropriate certifications listed in Section 10.06.03.015d of this chapter; and
d. Description of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
10.06.03.010 Designation of the Floodplain Administrator. The Director of Building
and Engineering Services is hereby appointed to administer, implement, and enforce this
chapter by granting or denying development permits in accord with its provisions.
10.06.03.015 Duties and Responsibilities of the Floodplain Administrator. The duties
and responsibilities of the Floodplain Administrator shall include, but not be limited to, the
following:
that:
a. Permit Review. Review all floodplain area development permits to determine
1. Permit requirements of this chapter 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.
b. Review and Use of Any Other Base Flood Data. When base flood elevation data
has not been provided in accordance with 10.06.02.010, 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 10.06.04. Any such information
shall be submitted to the City Council for adoption.
c. Notification of Other Agencies. In alteration or relocation of a watercourse:
1. Notify adjacent communities and the California Department of Water
Resources prior to 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.
ORDINANCE NO. 97-11
June 10, 1997 - Page 12
d.. Documentation of Floodplain Development. Obtain and maintain for public
inspection and make available as needed the following:
1. Certification required by Section 10.06.04.005c1(lowest floor elevations);
2. Certification required by Section 10.06.04.005c2 (elevation or floodproofing
of nonresidential structures);
3. Certification required by Sections 10.06.04.005c3 (wet floodproofing
standard);
4. Certification of elevation required by Section 10.06.04.015b (subdivision
standards); and
5. Certification required by Section 10.06.04.030a (floodway encroachments).
e. Map Determinations. Make interpretations where needed, as to the exact
location of the boundaries of the areas of special flood hazard, 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 10.06.05.
f. Remedial Action. Take action to remedy violations of this chapter as specified
in 10.06.02.015.
g. Variance Considerations. Act on behalf of City Council in determining the
justification and the granting of variances as provided in 10.06.05.
10.06.03.020 Appeals. The City Council of the City of Santa Clarita 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. Appeals to the City Council shall be in accordance with Chapter 2.04 of the
Municipal Code of the City of Santa Clarita.
Section 10.06.04
's• • •'W 018)) '1 • •�
10.06.04.005 Standards of Construction. In all areas of special flood hazards the
following standards are required:
a. Anchorin
ORDINANCE NO. 97-11
June 10,-1997 - Page .13
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 10.06.04.020.
b. Construction materials and methods. All new construction and substantial
improvement shall be constructed:
1. With materials 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 AO, so that there are adequate drainage paths around
structures to guide flood waters around and away from proposed structures.
c. Elevation and floodproofing, (See 10.06.01 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
exceeding the depth number specified in feet on the FIRM by at least one foot, or elevated at
least three feet above the highest adjacent grade if no depth number is specified;
b. (In an A Zone) Elevated at least one foot above the base flood elevation,
as determined by the community.
C. (In all other Zones) Elevated at least one foot 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 community building inspector 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 10.06.04.005c1 or, together with attendant utility and
sanitary facilities:
ORDINANCE NO. 97-11
June 10, 1997 - Page 14
a. Be flood proofed below the elevation recommended under 10.06.04.005c1
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, such
certification shall state that the standards of this 10.06.04.005c2 are satisfied and 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 must excee the following minimum criteria:
a. Be certified by a registered professional engineer or architect; or
b. 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.
4. Manufactured homes shall also meet the standards in 10.06.04.020.
10.06.04.010 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.
10.06.04.015 Standards for Subdivisions.
a. All preliminary subdivision proposals shall identify the flood hazard area and
the elevation of the base flood.
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
ORDINANCE NO. 97-11
June 10, 1997 - Page 15
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.
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; or
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 at least one foot 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 10.06.04.020a
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 least one foot above the base
flood elevation; or
2. The 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.
ORDINANCE NO. 97-11
June 10, 1997 - Page 16
10.06.04.025 Standards for Recreational Vehi
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 10.06.03 of this chapter and the elevation
and anchoring requirements for manufactured homes in Section 10.06.04.020a.
b. Recreation vehicles placed on sites within Zones V1-30, V, and VE on the
community's Flood Insurance Rate Map will meet the requirements of Section 10.06.04.025a.
10.06.04.030 Floodways. Located within areas of special flood hazard established
in 10.06.02.010 are areas designated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and
erosion potential, the following provisions apply.
a. Prohibit encroachments, including fill, new construction, substantial
improvement, and other new development unless certification by a registered professional
engineer or architect is provided demonstrating that encroachments will not result in any
increase in [the base] flood elevation during the occurrence of the base flood discharge.
b. If 10.06.04.030a is satisfied, all new construction, substantial improvement, and
other proposed new development shall comply with all other applicable flood hazard reduction
provisions of 10.06.04.
Section 11.1
10.06.05.005 Nature of Variances. The variance criteria set forth in this section of
the chapter 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 chapter
would create an exceptional 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 Council of the City of Santa Clarita 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
ORDINANCE NO. 97-11
June 10, 1997 - Page 17
other requirements of this chapter 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 chapter 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.
a. In passing upon requests for variances, the City Council shall consider all
technical evaluations, all relevant factors, standards specified in other sections of this chapter,
and the:
1. Danger that materials may be swept onto other lands to the injury of others;
2. Danger to life and/or 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;
community;
4. Importance of the services provided.by the proposed -facility to the
5. Necessity of the facility of a waterfront location, where applicable;
6. Availability of alternative locations for the proposed use which 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 flood waters expected at the site; and
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.
b. Any applicant to whom a variance is granted shall be given written notice over
the signature of a community official that:
ORDINANCE NO. 97-11
June 10, 1997 - Page 18
1. The issuance of a variance to construct a structure below the base flood level
will result in increased premium rates for flood insurance up to amounts as high as $25 for $100
of insurance coverage; and
2. Such construction below the base flood level increases risks to life and
property. A copy of the notice shall be recorded by the Floodplain Administrator in the Office
of the Los Angeles County Recorder and shall be recorded in a manner so that it appears in the
chain of title of the affected parcel of land.
c. 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.
10.06.05.015 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 10.06.03 and 10.06.04 of this chapter have been fully
considered. As the lot size increases beyond one-half acre, the technical justification required
for issuing the variance increases.
b. Variances maybe issued for the repair or rehabilitation of "historic structures"
(as defined in 10.06.01 of this chapter) upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as a 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 chapter. 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 this chapter.
e. Variances shall be issued only upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in
exceptional "hardship" (as defined in 10.06.01) to the applicant; and
ORDINANCE NO. 97-11
June 10, 1997 - Page 19
3. A 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 10.06.01, cause fraud or victimization (as defined in 10.06.01) of the
public, or conflict with other 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 Section 10.06.05.015a through 10.06.05.015e are satisfied, and
that the structure or other development is protected by methods that minimize flood damage
during the base flood, and do not result in additional threats to public safety, and do not create
a public nuisance.
g. Upon consideration of the factors in Section 6.2 A and the purposes of this
ordinance, the City Council may attach such conditions to the granting of variances as it deems
necessary to further the purposes of this chapter."
SECTION 2. That the Initial Study and Negative Declaration for the project have
been prepared, reviewed, considered, and found complete in accordance with the provisions of
CEQA and the City's Environmental Guidelines, and the City Council has adopted the Negative
Declaration for this project.
SECTION 3. That if any portion of this ordinance is held to be invalid, that portion shall
be stricken and severed, and the remaining portions shall be unaffected and remain in full force
and effect.
SECTION 4. That the City Clerk shall certify to the passage of this ordinance and shall
cause it to bepublishedin the manner prescribed by law.
PASSED AND APPROVED this day of 19_.
MAYOR
ATTEST:
CITY CLERK
ORDINANCE NO. 97-11
June 10, 1997 - Page 20
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Ordinance No. was regularly introduced and placed upon its first reading
at a regular meeting of the City Council on the day of ,
19 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting
of the City Council on the day of 19 by the
following vote, to wit:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
CITY CLERK
CLN:lk1
eowd\ord9711r1n
EXHIBIT "A"
FLOODPLAIN MANAGEMENT
ORDINANCE
SECTION 1.0
STATUTORY AUTHORIZATION,
FINDINGS OF FACT,
PURPOSE AND METHODS
1.1 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 the City of Santa Clarita
does hereby adopt the following floodplain management regulations.
1.2 FINDINGS OF FACT.
A. The flood hazard areas of the City of Santa Clarita 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, flood proofed, 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.
1.3 STATEMENT OF PURPOSE. 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 by minimizing 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.
1.4 METHODS OF REDUCING FLOOD LOSSES. 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 which serve such uses, be
protected against flood damage at the time of initial construction;
C. Control the alteration of natural flood plains, stream channels, and natural protective
barriers, which help accommodate or channel flood waters;
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
flood waters or which may increase flood hazards in other areas.
CLN:Ikl
co.W k.rd97-11.d.
RESOLUTION NO. 97-67
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA CLARITA, CALIFORNIA
APPROVING THE NEGATIVE DECLARATION PREPARED
FOR THE FLOODPLAIN MANAGEMENT ORDINANCE
WHEREAS, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby find, determine and declare:
A. That an Initial Study has been prepared for the project and that said study
found that no adverse impact to the existing and future environmental
resources of the area would result from the proposal; and
B. That a proposed Negative Declaration was posted and advertised in the Signal
on May 20, 1997 for a 21 -day public review beginning at 4:00 p.m, May 20,
1997 and ending at 4:00 p.m. June 10, 1997 in accordance with the California
Environmental Quality Act (CEQA); and
C. That the Initial Study includes the determination that the proposed project
would not impact resources protected by the California Department of Fish
and Game, and that a finding of de Minimus impact on such resources was
appropriate; and
D. Based upon the testimony and other evidence received, the proposed Negative
Declaration is consistent with the goals and policies of the General Plan, and
that the Negative Declaration complies with all other applicable requirements
of state law and local guidelines; and
E. Based upon the foregoing facts and findings, the City Council hereby
determines that the Negative Declaration is in compliance with CEQA and
that the proposed project will not have a significant impact upon the
environment.
SECTION 2. The Negative Declaration for the project is hereby approved. The
Director of Community Development is hereby directed to file the Negative Declaration with
the County Clerk of the County of Los Angeles.
PASSED, APPROVED AND ADOPTED this day of
,19__.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby
certify that the foregoing Resolution was duly adopted by the City Council of the City of
Santa Clarita at a regular meeting thereof, held on the day of
, 19_ by the following vote of Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
sAcd\counci1\m97-67.1hs