O 591ORDINANCE N0.591
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE TO APPROVE DEVELOPMENT CODE AMENDMENT 07-003
AMENDING PORTIONS OF ARROYO GRANDE MUNICIPAL CODE
CHAPTERS 16.04 AND 16.44 OF TITLE 16 TO ESTABLISH CREEK
SETBACK STANDARDS
WHEREAS, the City Council adopted the updated General Plan which became effective
November 10, 2001 and requires a comprehensive review and necessary revisions to the
Arroyo Grande Municipal Code and Zoning Map for consistency, in accordance with
Government Code Section 65860; and
WHEREAS, the 2001 General Plan include a Agricultural, Conservation and Open Space
Element which include the following principals:
Resources that are irretrievable and/or irreplaceable need to be protected and
preserved.
Individuals and the community have a responsibility to future generations as well as to
wildlife to preserve and protect finite natural resources.
Resource lands contribute to overall public health, safety and welfare beyond provision
of basic necessities such as food, fiber and livelihood.
Land Use and urban development shall be managed and limited to that which can be
sustained by the available resources and serviced by the circulation and other
infrastructure systems; and
WHEREAS, Conservation and Open Space objective "C/OS2" of the Agricultural,
Conservation and Open Space Element in the 2001 General Plan, is to "Safeguard important
environmental and sensitive biological resources contributing to healthy, functioning
ecosystem"; and
WHEREAS, on July 12, 2005 the City Council of Arroyo Grande, by consensus, directed staff
to evaluate the City's regulations, practices and procedures related to creek setback
requirements and the implementation of related 2001 General Plan policies in the Agriculture,
Conservation and Open Space Element; and
WHEREAS, on September 27, 2005 the City Council of Arroyo Grande, adopted Ordinance
572 entitled "An Interim Urgency Ordinance of the City Council of the City of Arroyo Grande
Suspending Acceptance and Processing of Applications for Development of any Portion of
Property Immediately Adjacent to Arroyo Grande Creek, Tally Ho Creek, Meadow Creek or
Creek Tributaries within the City of Arroyo Grande" (hereinafter sometimes referred to as
the "suspension of creek property development"), which Ordinance expired forty-five days
from the date of its adoption pursuant to Government Code Section 65858(a); and
WHEREAS, on November 8, 2005, the City Council of Arroyo Grande, adopted Ordinance
574 entitled "An Interim Urgency Ordinance of the City Council of Arroyo Grande to extend
the suspension of acceptance and processing of New Applications for Development of any
ORDINANCE NO. 591
PAGE 2
Portion of Property Immediately Adjacent to Arroyo Grande Creek, Tally Ho Creek, Meadow
Creek or Creek Tributaries within the City of Arroyo Grande" which ordinance expired 10
months and 15 days from the date of its adoption pursuant to Government Code Section
65858(a); and
WHEREAS, on August 22, 2006, the City Council held a duly noticed public hearing and
adopted Ordinance No. 580 extending the suspension of creek property development for a
period of one year, pursuant to Government Code Section 65858(a).
WHEREAS, on May 25, 2007, the City released a draft Creek Resources Protection Study
that includes research and recommendations concerning the necessity for creek buffers
that contribute to streambank stabilization, allow for vegetative cover and reduction of water
temperature, offer a setback distance for intensive uses, provide a source of food, nesting
cover, and shelter for wildlife, intercept pollutants and manage other environmental
concerns, and increase environmental sustainability; and
WHEREAS, on June 5, 2007, the Planning Commission held a duly noticed public hearing
and recommended that the City Council adopt a resolution for General Plan Amendment
07-001 that amends the Conservation Element of the General Plan for creek protection
policies and an ordinance to amend the Municipal Code Chapters 16.04 and 16.44 to
establish creek setback standards; and
WHEREAS, on June 12, 2007, the City Council held a duly noticed public hearing to
consider the proposed resolution for General Plan Amendment 07-001 that amends the
Agriculture, Conservation and Open Space Element of the General Plan for creek protection
policies and an ordinance to amend the Municipal Code Chapters 16.04 and 16.44 to
establish creek setback standards; and
WHEREAS, after consideration of all testimony and all relevant evidence, the City Council
has determined that the following Development Code Amendment findings can be made in an
affirmative manner:
A. The proposed revision to the Municipal Code is consistent with the goals, objectives,
policies and programs of the general plan land use and agriculture, conservation and
open space elements, and is necessary and desirable to implement to provisions of
the General Plan.
B. The proposed revision to the Municipal Code will not adversely affect the public
health, safety, and welfare or result in an illogical land use pattern since the
proposed changes allows the city to provide safety from flooding and protect the
city's creek resources.
C. The proposed revision to the Municipal Code is consistent with the purpose and
intent of the flood protection management overlay district.
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D. The City has conducted an environmental review and has found that it can be seen
with certainty that there is no possibility that the proposed Ordinance will have an
effect on the environment and therefore has prepared a Negative Declaration.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande, as
follows:
SecTlonl ~ ~ The above recitals and findings are true and correct.
SECTION 2~ Arroyo Grande Municipal Code Section 16.04.070.C is hereby amended in part
and Section 16.44.050 is hereby amended in its entirety as shown in Exhibit "A" attached
hereto and incorporated herein by this reference.
c -Tpr' ionl 3~ If any section, subsection, subdivision, paragraph, sentence, or clause of this
Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not
affect the validity of the remaining portion of this Ordinance or any part thereof. The City
Council hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section,
subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional.
SECTION a Upon adoption of this Ordinance, the Director of Administrative Services shall file
a Notice of Determination.
SECTION 5: A summary of this Ordinance shall be published in a newspaper published and
circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting
at which the proposed Ordinance is to be adopted. A certified copy of the full text of the
proposed Ordinance shall be posted in the office of the Director of Administrative
Services/City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary
with the names of those City Council Members voting for and against the Ordinance shall
be published again, and the Director of Administrative Services/City Clerk shall post a
certified copy of the full text of such adopted Ordinance.
SECTION a: This Ordinance shall take effect thirty (30) days after its adoption.
On motion by Council Member Guthrie, seconded by Council Member Fellows, and by the
following roll call vote, to wit:
AYES: Council Members Guthrie, Fellows, and Mayor Ferrara
NOES: None
ABSENT: Council Members Costello and Arnold
the foregoing Ordinance was adopted this 26"' day of June 2007.
ORDINANCE NO. ~q ~
PAGE 4
TONY FERg/} MAYOR
ATTEST: 1 n'/^,
V ~K.K~
KELLY W MO ,CITY CLERK
APPROVED AS TO CONTENT:
c (%
ST E DA ,CITY MANAGER
APPROVED AS TO FORM:
TIM THY J. EL, CITY ATTORNEY
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PAGE 5
EXHIBIT "A"
DEVELOPMENT CODE AMENDMENT 07-003
16.04.070.C (Note to codifies amend the definition for "Development' and add the
definitions for "Riparian habitat" and "Top of bank"]
"Development" means the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any structure; any use, change in use or extension of use of
any buildings or land; any mining, excavation, landfill or land disturbance including any
clearing or grading or other movement of land; and any use or extension of the use of
land. For purposes of environmental and discretionary permit review, the term
development shall include the division or an adjustment of parcels of land.
"Riparian habitat" means vegetation growing close to a watercourse or spring that is
generally critical for wildlife cover, fish food organisms, stream nutrients and large organic
debris, and for streambank stability.
"Top of bank" means the highest elevation of land which confines the flow of water to the
channel. For areas where the top of bank is not distinguishable, the edge of floodway shall
be used as the top of bank.
16.44.050 Floodplain management and Creek Protection (FMCP) District (unmapped)
A. Statement of Purpose and Intent. It is the purpose of this section to promote the public
health, safety, and general welfare, to safeguard important environmental and
sensitive biological resources contributing to healthy, functioning ecosystem and to
minimize public and private losses due to flood conditions in specific areas by
provisions designed to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. 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;
6. Help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future blighted areas caused by
flood damages;
7. Ensure that potential buyers are notified that property is in an area of special flood
hazard;
8. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions;
9. Implement general plan policies to enhance natural creek functions and values by
providing erosion control, sedimentation prevention, enhancement of riparian
habitat corridors, water quality protection and aesthetic and recreational
opportunities.
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B. Methods of Reducing Flood Losses and providing creek protection. In order to
accomplish its purposes, this section includes the following methods and provisions:
1. 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;
2. Require that uses vulnerable to floods, including facilities which serve such uses,
be protected against flood damage at the time of initial construction;
3. Control the alteration of natural flood plains, stream channels, riparian habitat, and
natural protective barriers, which help accommodate or channel flood waters;
4. Control filling, grading, dredging, and other development which may increase flood
damage or degrade riparian habitat;
5. Prevent or regulate the construction of flood barriers, or incremental floodplain
constriction which will unnaturally divert flood waters or which may increase flood
hazards in other areas.
6. Creeks shall remain in their natural state and shall not be altered unless approved
by the City Council in conjunction with an application for a conditional use permit
and permitted by other responsible agencies.
C. General Provisions for Creek Protection.
1. Applicability. The section shall apply to all creeks and drainage ways, that are
identified on the General Plan Conservation and Open Space Element Creek Map.
a) Minimum Development Setbacks for Creek yards and Drainage Ways:
Development, as defined in this Title, including fences and walls, shall be
setback from the top of bank or edge of riparian habitat, whichever is farther
from the creek flow line.
i) Arroyo Grande Creek and Tally Ho Creek: a minimum setback of 35 feet.
For Properties located within the Village Core Downtown (VCD) or Village
Mixed Use (VMU) districts, through application of a conditional use permit
and based upon consideration of recommendations from a Phase I
Archeological Study; a biology report; and a hydrogeomorphology report, the
setback may provide for an average of 35 feet within a proposed project
area but under no circumstance shall any portion be less than 25 feet.
ii) Meadow Creek and East Fork of Meadow Creek: a minimum setback of 50
feet.
iii) All other Creeks and_ Drainage Ways: a minimum setback of 25 feet.
2. Fences and other structures such as culverts, walls and bridges which must be
constructed within the floodway shall be designed in accordance with all applicable
best management practices so as to prevent an obstruction or diversion of flood and
drainage flow and to minimize adverse effects to natural riparian habitat. Fences may
be permitted in the Development setback if designed to allow for wildlife passage and
the unimpeded flow of water.
3. Clearing of significant vegetation canopy cover or herbaceous ground cover;
removal of any native plant species within the riparian area is prohibited within the
Setback area. A tree permit may be requested for trees potentially affecting public
safety.
4. Existing agricultural operations are exempt from creek setback standards
established herein.
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PAGE 7
5. Exceptions to the requirements established in this section can be made only upon
a finding that its application would violate federal and state law.
D. General Provisions for Floodplain Management:
1. Land to which this section applies. This section shall apply to all areas of special
flood hazards within the jurisdiction of the city.
2. 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
March 19, 1984 and accompanying Flood Insurance Rate Maps (FIRMs) and Flood
Boundary and Floodway Maps (FBFMs), dated September 19, 1984, and all
subsequent amendments and/or revisions, are adopted by reference and declared to
be a part of this section. These areas are the minimum area of applicability of this
section and may be supplemented by studies for other areas which allow
implementation of this section and which are recommended to the city by the
floodplain administrator. The study, FIRMS and FBFMs are on file at the Department of
Public Works, 214 East Branch Street, City of Arroyo Grande, California 93421.
3. Compliance. No structure or land shall hereafter be constructed, located, extended,
converted or altered without full compliance with the term of this section and other
applicable regulations. Violation of the requirements (including violations of conditions
and safeguards established in connection with conditions) shall constitute a
misdemeanor. Nothing herein shall prevent the city from taking such lawful action as is
necessary to prevent or remedy any violation.
4. Abrogation and Greater Restrictions. This section is not intended to repeal,
abrogate or impair any existing easements, covenants or deed restrictions. However,
where this section and another ordinance, easement, covenant or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
5. Interpretation. In the interpretation and application of this section, all provisions shall
be:
a) Considered as minimum requirements;
b) Liberally construed in favor of the governing body; and
c) Deemed neither to limit nor repeal any other powers granted under state
statutes.
6. Warning and Disclaimer of Liability. The degree of flood protection required by this
section 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 section 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 section shall not create
liability on the part of city, 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 section or any administrative
decision lawfully made hereunder.
E. Administration.
1. Establishment of Development Permit. A development permit shall be obtained
before any construction or other development begins within any area of special flood
hazard established in subsection C of this section. Application for a development
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PAGE 8
within an area of special hazard 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; or proposed elevation in relation
to mean sea level to which any nonresidential structure will be floodproofed, if
required in subsection (E)(1)(c)(iii) of this section.
b) All appropriate certifications listed in subsection (D)(3)(d) of this section;
c) Description of the extent to which any watercourse will be altered or relocated as
a result of proposed development.
2. Designation of the Floodplain Administrator. The director of public works appointed
to administer, implement and enforce this section.
3. Duties and Responsibilities of the Floodplain Administrator. The duties and
responsibilities of the floodplain administrator shall include, but not be limited to the
following:
a) Permit Review. Review all development permits within the special hazard areas
to determine that:
i) Permit requirements of this section have been satisfied,
ii) The site is reasonably safe from flooding, and
iii) 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 section, "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.
iv. All other required State and Federal permits have been obtained.
b) Review and Use of Any Other Base Flood Data. When base flood elevation data
has not been provided in accordance with subsection (C)(2) of this section, 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 subsection E of this section.
c) Notification of Other Agencies. Whenever there is an alteration or relocation of a
watercourse:
i) Notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation;
ii) Submit evidence of such notification to the Federal Insurance Administration,
Federal Emergency Management Agency;
iii) Assure that the flood carrying capacity within the altered or relocated portion
the watercourse is maintained...
d) Documentation of Floodplain Development. Obtain and maintain for public
inspection and make available as needed the following:
i) Certification required by subsection (E)(1)(c)(i) of this section (lowest floor
elevations);
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PAGE 9
ii) Certification required by subsection (E)(1)(c)(ii) of this section (elevation or
floodproofing of nonresidential structures);
iii) Certification required by subsection (E)(1)(c)(iii) of this section (wet
floodproofing standard);
iv) Certification of elevation required by subsection (E)(3)(b) of this section
(subdivision standards);
v) Certification required by subsection (E)(6)(a) of this section (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
subsection F of this section.
f) Take action to remedy violations of this section as specified in subsection (C)(3)
of this section.
g) Base Flood Elevation Changes due to physical alterations: Such submissions
are necessary so that upon confirmation of these physical changes affecting
flooding conditions, risk premium rates and floodplain management
requirements are based on current data.
i) Within 6 months of information becoming available or project completion,
whichever comes first, the floodplain administrator shall submit or assure that
the permit applicant submits technical or scientific data to FEMA for a Letter of
Map Revision (LOMR).
ii) All LOMR's for flood control projects are approved prior to issuance of
building permits. Building permits must not be issued based on Conditional
Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of
the proposed flood control project and land preparation as specified in the "start
of construction" definition.
F. Provisions for Flood Hazard Reduction. In addition to the development standards of
the district with which the FHCP district has been combined and the standards contained
in Chapters 16.48 and 16.52, the standards contained in this section shall apply. In the
event of a conflict in the applicable regulations, the provisions of this section shall govern.
1. No fill shall be permitted within the 100-year floodplain of Creeks or Drainage ways
unless appropriate mitigation measures are implemented in accordance with the
California Environmental Quality Act (CEQA) and the City's CEQA Guidelines and the
following standards:
a) The fill is for the minimum area to accommodate a structure and allow for a five
(5) foot border area which shall have a side slope of 4:1 or flatter when no native
riparian landscaping or erosion control can be provided;
b) All trees shall be protected or mitigated;
c) The fill will not encroach within the development setback area of a creek;
d) The fill will not result in adverse environmental impacts on the creek.
2. Standards of Construction. In all areas of special flood hazards the following
standards are required:
a) Anchoring.
i) All new construction and substantial improvements within special flood
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PAGE 10
hazard areas 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.
ii) All manufactured homes shall meet the anchoring standards of subsection
(E)(4) of this section.
b) Construction Materials and Methods. All new construction and substantial
improvement with special flood hazard areas shall be constructed;
i) With materials and utility equipment resistant to flood damage;
ii) Using methods and practices that minimize flood damage;
iii) 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
iv) Within Zones AH or AO, so that there are adequate drainage paths around
structures on slopes to guide flood waters around and away from proposed
structures.
c) Elevation and Floodproofing. See Section 16.04.070 for definitions for
"basement," "new construction," "substantial damage" and "substantial
improvement."
i) 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 building inspector
to be properly elevated. Such certification or verification shall be
provided to the floodplain administrator.
(D)For floodplain management purposes the term "lowest floor" means the
lowest floor of the lowest enclosed area, including basement definition.
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 floodproofing standard, in subsection (E)(1)(c)(iii) of this section;
(2) The anchoring standards in subsection (E)(1) of this section;
(3) The construction materials and methods standards in subsection
(E)(1)(b) of this section;
(4) The standards for utilities in subsection (E)(2) of this section.
ii) Nonresidential construction, new or substantial improvement, shall either be
elevated to conform with subsection (E)(1)(c) of this section or together with
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PAGE 11
attendant utility and sanitary facilities;
(A) Be floodproofed, below the elevation recommended under subsection
(E)(1)(C)(i) of this section so that the structure is watertight with walls
substantially impermeable to the passage of water;
(B) Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
(C) Be certified by a registered professional engineer or architect that the
standards of this subsection are satisfied. Such certification shall be
provided to the floodplain administrator.
iii) 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 exceed 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.
iv) Manufactured homes shall also meet the standards in subsection (E)(4) of
this section.
3. Standards for Utilities.
a) All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate:
i) Infiltration of flood waters into the systems; and
ii) 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.
4. 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 within special flood hazard areas will provide the elevation
of proposed structure(s) and pad(s). If the site is filled above the base flood
elevation, the lowest first floor and pad elevations shall be certified by a registered
professional engineer or surveyor and provided to the floodplain administrator.
c) All subdivision proposals shall be consistent with the need to minimize flood
damage.
d) All subdivision proposals shall have public utilities and facilities such as sewer,.
gas, electrical and water systems located and constructed to minimize flood
damage.
e) All subdivisions shall provide adequate drainage to reduce exposure to flood
hazards.
5. Standards for Manufactured Homes.
a) All manufactured homes that are placed or substantially improved within Zones
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PAGE 12
Al-30, AH, AE, and AR on the community's Flood Insurance Rate Map, on sites
located:
i) Outside of a manufactured home park or subdivisions;
ii) In a new manufactured home park or subdivision;
iii) In an expansion to an existing manufactured home park or subdivision; or
iv) 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 shall 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, AE, AR
on the community's Flood Insurance Rate Map that are not subject to the
provisions of subsection (E)(4)(a) of this section will be securely fastened to an
adequately anchored foundation system to resist foundation collapse and lateral
movement, and will be elevated so that either the:
i) Lowest floor of the manufactured home is at least one foot above the base
flood elevation; or
ii) Manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than thirty-
six (36) inches in height above grade.
6. Standards For Recreational Vehicles.
a) All recreational vehicles placed on sites within Zones Al-30, AH, AE, and AR on
the community's Flood Insurance Rate Map will either:
i) Be on the site for fewer than one hundred eighty (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
ii) Meet the permit requirements of subsection D of this section and the
elevation and anchoring requirements for manufactured homes in subsection
(E)(4)(a) of this section.
7. Floodways. Located within areas of special flood hazard established in subsection
(C)(2) of this section 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
shall not result in any increase in the base flood elevation during the occurrence of
the base flood discharge.
b) If subsection (E)(6)(a) of this section is satisfied, all new construction, substantial
improvement, and other proposed new development shall comply with all other
applicable flood hazard reduction provisions of subsection E of this section.
G. Variances and Appeals.
1. The planning commission of the city shall hear and decide appeals and requests for
ORDINANCE NO. 591
PAGE 13
variances from the requirements of this section.
2. The planning commission shall hear and decide appeals regarding any decision or
determination made by the floodplain administrator in the enforcement or
administration of this section may be appealed to the city council.
3. The variance criteria set forth in this section are based on the general principle 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 section 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.
4. Review of Variance Requests. In passing upon requests for creek setback. or flood
management- related variances, the planning commission shall consider all technical
evaluations, all relevant factors, standards specified in other subsections of this
section, and:
a) Potential impacts to cultural, biological, and hydrological resources have been
adequately mitigated based on consideration of a phase I archeological study, a
biology report and a hydrogeomorphologist report.
b) Danger that materials may be swept onto other lands to the injury of others;
c) Danger of life and property due to flooding or erosion damage;
d) 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;
e) Importance of the services provided by the proposed facility to the community;
f) Necessity to the facility of a waterfront location, where applicable;
g) Availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
h) Compatibility of the proposed use with existing and anticipated development;
i) Relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
j) Safety of access to the property in time of flood for ordinary and emergency
vehicles;
k) Expected heights, velocity, duration, rate of rise, and sediment transport of the,
flood waters expected at the site; and
I) Costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical, and water system, and streets and bridges.
5. 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 subsection D and E of this section have been fully
considered. As the lot size increases beyond one-half acre, the technical
justification required for issuing the variance increases.
b) Variances may be issued for the repair or rehabilitation of historic structures
ORDINANCE NO. 591
PAGE 14
upon a determination that the proposed repair or rehabilitation will not
preclude the structure's continued designation as an historic structure and
the variance is the minimum necessary to presence 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 section. For example, in the case of variances to
elevation requirement, this means the city 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 believes will both provide
relief and preserve the integrity of the local ordinance.
e) Variances shall only be issued upon a:
i) Showing of good and sufficient cause;
ii) Determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
iii) 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 cause fraud or victimization of the public, or
conflict with existing local laws or ordinances.
"Hardship," as used in this subsection, means the exceptional hardship that
would result from a failure to grant the requested variance. The hardship
must be exceptional, unusual, and peculiar to the property involved.
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.
"Public safety and nuisance," as used in this subsection, 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.
"Fraud and victimization," as used in this subsection, means that the
variance granted must not cause fraud on or victimization of the public. In
examining this requirement, the city will consider the fact that every newly
constructed building adds to government responsibilities and remains a part
of the community for fifty (50) to one hundred (100) years. Buildings that are
permitted to be constructed below the base flood elevation are subject
during all those years to increased risk of damage from floods, while future
owners of the property and the community as a whole are subject to all the
costs, inconvenience, danger and suffering that those increased flood
damages bring. In addition, future owners may purchase the property,
unaware that it is subject to potential flood damage, and can be insured only
at very high flood insurance rates.
ORDINANCE NO. 591
PAGE 15
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 subsection (F)(5)(a) through (e) of
this section are satisfied and that the structure or other development is protected
by methods that minimize flood damages during the base flood and does not result
in additional threats to public safety and does not create a public nuisance.
g) Upon consideration of the factors of subsection (F)(4) of this section and the
purposes of this section, the planning commission may attach such conditions to
the granting of variances as it deems necessary to further the purposes of this
section.
6. Any applicant to whom a variance is granted shall be given written notice that:
a) The issuance of a variance to construct a structure below the base flood level
can result in substantially increased premium rates for flood insurance, as
determined by their insurance carrier,
b) Such construction below the base flood level increases risks to life and
property.
7. 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.
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 591 which was'
introduced at a regular meeting of the City Council/Redevelopment Agency on
June 12, 2007, 2007; was passed and adopted at a regular meeting of the City
Council/Redevelopment Agency of the City of Arroyo Grande on the 26`h day of
June 2007; and was duly published in accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27~'
day of June 2007.
Gt?)¢-~!
KELLY W T RE, CITY CLERK