HomeMy WebLinkAboutOrd 872-1981 ORDINANCE NO. 872-81:
FLOOD DAMAGE PREVENTION ORDINANCE
OF THE CITY OF SOUTH SAN FRANCISCO
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS.
A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This Ordinance shall apply to all areas of special flood hazards within
the jurisdiction of the City of South San Francisco.
B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The areas of special flood hazard identified by the Federal Insurance
Administration in a scientific and engineering report, entitled "The Flood Insur-
ance Study for the City of South San Francisco," dated March 2, 1981, with an
accompanying Flood Insurance Rate Map, is hereby adopted by reference and declared
to be a part of this Ordinance. The Flood Insurance Study is on file in the
office of the Department of Public Services, City Hall, 400 Grand Avenue, South
San Francisco, California.
C. COMPLIANCE.
No new construction, or substantial improvement of a structure or excava-
tion and grading which would require a building or grading permit pursuant to the
applicable provisions of the Uniform Building Code as adopted and modified pursuant
to local law, shall take place in an area of special flood hazard without full
compliance with the terms of this Ordinance and other applicable regulations.
D. ABROGATION AND GREATER RESTRICTI. ONS.
This Ordinance is not intended to repeal, abrogate or impair any existing
easements, covenants or deed restrictions. However, where this Ordinance and
another Ordinance, easement, covenant or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
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INTERPRETATION.
In the interpretation and application of this Ordinance, all pro-
visions shall be:
(1)
(2)
(3)
State statutes.
Considered as minimum requirements;
Liberally construed in favor of the governing body; and
Deemed neither to limit nor repeal any other powers granted under
F. WARNING AND'DISCLAIMER OF LIABILITY.
The degree of flood protection required by this Ordinance is considered
reasonable for regulatory purposes and is based on scientific and engineering con-
siderations. Larger floods can and will occur on rare occasions. Flood heightS may
be increased by man-made or natural causes. This Ordinance does not imply that land
outside the areas of special flood hazards or uses permitted within such areas will
be free from flooding or flood damages. This Ordinance shall not create liability
on the part of South San Francisco, any officer or employee thereof, or the
Federal Insurance Administration, for any flood damages that may result in reliance
on this Ordinance or any.administrative decision lawfully made thereunder.
SECTION 2. DEFINITIONS.
Unless specifically defined below, words or phrases used in this Ordinance shall
be interpreted so as to give them the meaning they have in common usage and to give
this Ordinance its most reasonable application.
A. "Appeal" means a request for a review of the Director of Public Services'
interpretation of any provision of this Ordinance.
B. "Area of Special Flood Hazard" means the land in the flood plain within a
community subject to a one percent (1%) or greater chance of flooding in any given
year. This area is designated as Zone A, AO, AH, Al-30, VO and V1-30 on the FIRM.
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C. "Base Flood" means the flood having a one percent (1%) chance of bei.ng
equalled or exceeded in any given year.
D. "Coastal High Hazard Area" means the area subject to high Velocity waters
including, but not limited to, coastal and tidal inundation or tsunamis. The area
is designated on a FIRM as Zone V1-30:
E. "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 located within
the area of special flood hazard.
F. "Existing Mobile Home Park or Mobile Home Subdivision" means a parcel (or
contiguous parcels) of land divided into two (2) or more mobile home lots for rent
or sale for which the construction of facilities for servicing the lot on which the
mobile home is to be affixed (including, at a minimum, the installation of utilities,
either final site grading or the pouring of concrete pads and the construction of
streets) is completed before the effective date of this Ordinance.
G. "Expansion to an Existing Mobile Home Park or Mobile Home Subdivision"
means the preparation of additional sites by the construction of facilities for ser-
vicing the lots on which the mobile homes are to be affixed (including the instal-
lation of utilities, either final site grading or pouring of concrete pads of the
construction of streets.)
H. "Flood" or "Flooding" means a general and temporary condition of partial
or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters, and/or
(2) The unusual and rapid accumulation of runoff of surface waters from
any source.
I. "Flood Insurance Rate Map (FIRM)" means the official map on which the
Federal Insurance Administration has delineated both the areas of special flood
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hazards and the risk premium zones applicable to the community.
J. "Flood Insurance Study" means the official report provided by the
Federal Insurance Administration that includes flood profiles, the FIRM, the Flood
Boundary Floodway Map and the water surface elevation of the base flood.
K. "Floodway" means the channel of a river or other watercourse and the ad-
jacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot (1'). The
floodway is delineated on the Flood Boundary Floodway Map.
L. "Habitable Floor" means any floor usable for living purposes, whiCh includes
working, sleeping, eating, cooking or recreation, or a combination thereof. A
floor used only for storage purposes is not a "habitable floor".
M. "Mobile Home" means a structure that is transportable in one (1) or more
sections, built on a permanent chassis and designed to be used with or without a
permanent foundation when connected to the required utilities. It does not include
recreational vehicles or travel trailers.
N. "New Construction" means structures for which the "start of construction"
commenced on or after the effective date of this Ordinance.
O. "New Mobile Home Park or Mobile Home Subdivision" means a parcel (or con-
tiguous parcels) of land divided into two (2) or more mobile home lots for rent or
sale for which the construction of facilities or servicing the lot (including, at
a minimum, the installation of utilities, either final site grading or the pouring
of concrete pads, and the construction of the streets) is completed on or after the
effective date of this Ordinance.
P. "Start of Construction" means the first placement of permanent construction
of a structure (other than a mobile home) on a site, such as the pouring of slabs
or footings or any work beyond the stage of excavation. Permanent construction
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does not include land preparation, such as clearing, grading and filling; nor
does it include the installation of streets and/or walkwaYs; nor does it include
excavation for a basement, footings, piers or foundations or the erection of
temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not as part
of the main structure. For a structure (other than a mobile home) without a
basement or poured footings, the "start of construction" includes the first per-
manent framing or assembly of the structure or any part thereof on its piling or
foundation. For mobile homes not within a mobile home park or mobile home sub-'
division, "start of construction" means the affixing of the mobile home to its per-
manent site. For mobile homes within mobile home parks or mobile home subdivisions,
"start of construction" is the date on which the construction of facilities for
servicing~the site on which the mobile home is to be affixed (including, at a
minimum, the construction of streets, either final site grading or the pouring of
concrete pads, and installation of utilities) is completed.
Q. "Structure" means a walled and roofed building or mobile home that is
principally above ground.
R. "Substantial improvement" means any repair, reconstruction or improvement
of a structure, the cost of which equals or exceeds fifty percent (50%) of the market
value of the structure either:
(1) Before the improvement or repair is started, or
(2) If the structure has been damaged and is being restored, before the
damage occurred. For the purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling, floor or
other structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure.
The term does not, however, include either:
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(1) Any project for improvement of a structure to comply with exist-
ing State or local health, sanitary or safety code specifications WhiCh are solely
necessary to assure safe living conditions, or
(2) Any alteration of a structure listed on the National Register of
Historic places or a State Inventory of Historic Places.
S. "Variance" means a grant of relief from the requirements of this Ordinance
which permits construction in a manner that would otherwise be prohibited by this
Ordinance.
SECTION 3. ADMINISTRATION.
A. REQUIREMENTS FOR~PERMIT APPLICATION.
The Uniform Building Code, which was adopted and modified pursuant to
local law, prohibits any person, firm or corporation from erecting, cOnstructing,
enlarging, altering, repairing, moving, improving, removing, converting or demolish-
ing any building or structure without first obtaining a separate building permit for
each building or structure. The Uniform Building Code also requires that, apart
from certain specified exceptions, no person shall do any excavation or grading with-
out first having obtained a grading permit from the Director of Public Services.
Plans and specifications for these activities are required to be supplied when
application is made for these permits.
Before a building or grading permit is issued for any new construction,
substantial improvement of a structure, or grading in a special flood hazard area,
the Director of Public Services may require specific plans and specifications in-
cluding, but not limited to, the following:
(1) Plans in duplicate drawn to scale showing the nature, location, di-
mensions and elevation of the area in question;
(2) Existing or proposed structures, fill, storage of materials, drainage
facilities, and the location of the foregoing;
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(3) Proposed elevation in relation to mean sea level, of the lowest
habitable floor (including basement) of all structures; in Zone AO elevation
of existing grade and proposed elevation of lowest habitable floor of all
structures.
(4) Proposed elevation in relation to mean sea level to which any
structure will be floodproofed;
(5) Certification by a registered professional engineer or architect
that the floodproofing methods for any nonresidential structure meet the flood-
proofing criteria in Section 4(A)(3)(c); and
(6) Description of the extent to which any watercourse will be
altered or relocated as a result of proposed development.
B. DESIGNATION OF THE DIRECTOR OF PUBLIC SERVICES.
The Director of Public Services is hereby appointed to administer and
implement this Ordinance by granting or denying building and/or grading permit
applications in accordance with the provisions of this Ordinance and other
applicable State and local laws.
C. DUTIES AND RESPONSIBILITIES OF THE DIRECTOR OF PUBLIC SERVICES.
Duties of the Director of Public Services shall include, but not be
limited to:
(1) Permit Review.
(a) Review all necessary permits to determine that the permit re-
quirements of this Ordinance have been satisfied.
(b) Review all permits to determine that the site is reasonably
safe from flooding.
(c) Review all permits to determine if the proposed development
adversely affects the flood carrying capacity of the area of
flood hazard. For purposes of this Ordinance, "adversely
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affects" means that the cumulative effect of the proposed
development, when combined with all other existing and anticip-
ated development, will not increase the water surface elevation
of the base flood more than one foot (1') at any point.
(2) Information to be Obtained and Maintained.
Obtain and maintain for public inspection and make available as
needed for Flood Insurance Policies:
(a) The certified elevation required in Section 4(A)(3)(a);
(b) The certification required in Section 4(A)(3)(b);
(c) The floodproofing certification required in Section 4(A)(3)(c);
and
(d) The certified elevation required in Section 4(D)(2).
(3) Alteration and Watercourses.
(a) Notify adjacent communities and the Department of Water
Resources prior to any alteration or relocation of a water-
course, and submit evidence of such notification to the Federal
Insurance Admi ni strati on.
(b) Require that the flood carrying capacity of the altered or
relocated portion of said watercourse is maintained.
(4) Interpretation of FIRM Boundaries.
Make interpretations, where needed, as to the exact location of the
boundaries of the areas of 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 6.
(5) Use of Other Base Flood Data.
When base flood elevation data has not been provided in accordance
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with Section l(B), Basis for Establishing the Areas of Special Flood Hazard, the
Director of Public Services shall obtain, review and reasonably utilize any base
flood elevation data available from a Federal, State or other source, in order to
administer Section 4.
(6) Hear and decide requests for variances as set forth in Section 5.
SECTION 4. PROVISIONS FOR FLOOD HAZARD REDUCTION.
A. STANDARDS FOR CONSTRUCTION.
In all areas of special flood hazards, the following standards are re-
quired:
(1) Anchoring.
(a) All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement
of the structure.
(b) All mobile homes shall meet the anchoring standards of Sec-
tion 4.E(1).
(2) Construction of Materials and Methods.
(a) All new construction and substantial improvements shall be con-
structed with materials and utility equipment resistant to
fl ood damage.
(b) All new construction and substantial improvements shall be con-
structed using methods and practices that minimize flood damage.
(3) Elevation and Floodproofing.
(a) New construction and substantial improvement of any structure
shall have the lowest habitable floor, including basement,
elevated to or above the base flood elevation. Nonresidential
structures may meet the standards in Section 4.A(3)(c), Upon
completion of the structure, the elevation of the lowest habit-
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able floor including basement shall be certifiedby a
registered professional engineer or surveyor and provided to
the official set forth in Section 3.C(2).
(b) New construction and substantial improvement of any structure
in Zone AO shall have the lowest floor, including basement,
elevated to or above the depth number specified on the FIRM.
If there is no depth number on the FIRM, the lowest floor, in-
cluding basement, shall be elevated one foot above the crown of
the nearest street. Nonresidential structures may meet the
standards in Section 4.A(3)(c). Upon completion of the structure,
a registered professional engineer shall certify that the elev-
ation of the structure meets this standard and shall provide such
certification to the official set forth in Section 3.C(2).
(c) Nonresidential construction shall either be elevated in conform-
ance with Section 4.A(3) (a) or (b) or together with attendant
utility and sanitary facilities:
(1) be floodproofed so that below the base flood level the
structure is watertight with walls substantially impermeable
to the passage of water;
(2) have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
(3) be certified by a registered professional engineer or archi-
tect that the standards of this subsection are satisfied.
Such certifications shall be provided to the official as set
forth in Section 3.C(2).
(d) Mobile homes shall meet the above standards and shall also meet
the standards set forth in Section 4.E.
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B, STANDARDS FOR STORAGE OF MATERIALS AND EOUIPMENT.
(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.
C. 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.
D. 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) and pads. If the site is filled above the base flood,
the final pad elevation shall be certified by a registered profes-
sional engineer or surveyor and provided to the official as set forth
in Section 3.C(2)(d).
(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 con-
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structed to minimize flood damage;
(5) All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage.
STANDARDS FOR MOBILE HOMES AND MOBILE HOME'PARKS AND SUBDIVISIONS.
(1) Anchoring
All mobile homes and additions to mobile homes shall be anchored to
resist flotation, collapse, or lateral movement by one of the following
methods:
(a) by providing an anchoring system designed to withstand horiz-
ontal forces of 25 pounds per square foot and up lift forces
of 15 pounds per square foot;
(b) by providing over-the-top and frame ties to ground anchors.
Specifically:
(1) over-the-top ties be provided at each of the four corners
of the mobile home, with two additional ties per side at
intermediate locations, with mobile homes less than 50 feet
long require only one additional tie per side;
(2) frame ties be provided at each corner of the home with five
additional ties per side at intermediate points, with
mobile homes less than 50 feet long require only four addi-
tional ties per side; and
(3) all components of the anchoring system be capable of carry-
ing a force of 4,800 pounds.
(2) Mobile Home Parks and Mobile Home Subdivisions.
The following standards are required for (a) mobile homes not placed
in mobile home parks or subdivisions, (b) new mobile home parks or
subdivisions, (c) expansions to existing mobile home parks or sub-
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divisions, and (d) repair, reconstruction, or improvements to exist-
ing mobile home parks or subdivisions that equals or exceeds 50 per-
cent of the value of the streets, utilities and pads before the repair,
reconstruction or improvement commenced.
(a) Adequate surface drainage and access for a hauler be provided.
(b) All mobile homes shall be placed on pads on lots elevated on
compacted fill or on pilings so that the lowest floor of the
mobile home is at or above the base flood level. If elevated on
pilings:
(1) the lots shall be large enough to permit steps;
(2) the pilings shall be placed in stable soil no more than ten
feet apart, and
(3). reinforcement shall be provided for pilings more than six
feet above the ground level.
(3) No mobile home shall be placed in a coastal high hazard area, except
in an existing mobile home park or an existing mobile home subdivision.
F. TIDAL AREAS.
All developments shall be above elevation 7.as shown on the FIRM map.
SECTION 5. VARIANCE PROCEDURE.
A. REQUEST FOR VARIANCE.
(1) The Director of Public Services shall hear and decide requests for
variances from the requirements of this Ordinance.
(2) In passing upon such requests, the Director of Public Services shall
consider all technical evaluations, all relevant factors, standards
specified in other sections of this Ordinance, and
(a) the danger that materials may be swept onto other lands to the
injury of others;
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(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 use
which are not subject to flooding or erosion damage;
(g) the compatibility of the proposed use with existing and antici-
pated development;
(h) the relationship of the proposed use to the comprehensive plan
and flood Plain management program for that area;
(i) the safety of access to the property in times of flood for ordi-
nary and emergency vehicles;
(j) the expected heights, velocity, duration, rate of rise, and sedi-
ment transport of the flood waters and the effects of wave action,
if applicable, expected at the site; and
(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.
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 con-
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structed below the base flood level, providing items (a) through
(k) in Section 5.A(2) have been fully considered. As the lot
size increases beyond the one-half acre, the technical justific-
ation required for issuing the variance increases.
(4) Upon consideration of the factors of Section 5.A(2) and the pur-
poses of this ordinance, the Director of Public Services may
attach such conditions to the granting of variances as it deems
necessary to further the purposes of this ordinance.
(5) The Director of Public Services shall report any variances to the
Federal Insurance Administration upon request.
B. 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 section.
(2) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would re-
sult.
(3) Variances shall onlY belissued~upon'aldetermin~ation~that the ~ariance
is the minimums,necessary, consi~dering the f~oOd hazard, to afford
relief.
(4) Variances shall only be issued upon:
(a) a showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result
in exceptional hardship to the applicant, and
(c) a determination that the grantin~ of a variance will not result
in increased flood heights, additional threats to public safety,
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extraordinary public expense, create nuisances, cause fraud on
or victimization of the public, or conflict with existing local
laws or ordinances.
(5) Any applicant to whom a variance is granted shall be given a written
notice that if the structure will be permitted to be built with a
lowest floor elevation below the base flood elevation, the cost of
flood insurance will be commensurate with the increased risk resulting
from the reduced lowest flood elevation.
SECTION 6. APPEALS.
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 Director of Public
Services in the enforcement or administration of this Ordinance. Such an appeal shall
be deemed timely filed if the same is filed with the City Clerk not later than the
tenth (10th) consecutive day from the requirement, decision or determination which
is the subject of such appeal. The determination of the City Council shall be final
and conclusive.
SECTION 7. PENALTIES.
Any person, firm or corporation violating any of the provisions of this Ordinance
shall be deemed guilty of an infraction, and each such person shall be deemed guilty
of a separate offense for each and every day or portion thereof during which any
violation of any of the provisions of this ordinance is committed, continued, or
permitted; and upon conviction of any such violation, such person shall be punished
as provided in Government Code 36900.
SECTION 8. SEVERABILITY.
If any section, subsection, phrase or clause of this Ordinance is for any reason
held to be unconstitutional, such decision shall not affect the validity of the re-
maining portions of this Ordinance. The City Council hereby declares that it'would
have passed this Ordinance and each section, subsection, phrase or clause thereof
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irrespective of the fact that any one or more sections, subsections, clauses or
phrases be declared unconstitutional.
SECTION 9. PUBLICATION AND EFFECTIVE DATE.
This ordinance shall be published once in the "EnterPrise-Journal," a newspaper
of general circulation in the City of South San Francisco, as required by law, and
shall become effective thirty (30) days from and after adoption.
Introduced this 15th day of July , 1981.
Passed and adopted as an Ordinance of the City of South San Francisco at
a regular meeting of the City Council of the City of South San Francisco this
5th day of August , 1981, by the following vote:
AYES: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte,
Gus Nicolopulos; and Roberta Cerri Teglia
NOES: None
ABSENT: None
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 5th day of August , 1981.
Mayor ~
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