O 501 C.S.
ORDINANCE NO. 501 C.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE REPEALING AND REPLACING SECTION 9-09.050 OF
CHAPTER 9 OF TITLE 9 AND AMENDING SECTION 9-18.030 OF
CHAPTER 18 OF TITLE 9 OF THE ARROYO GRANDE MUNICIPAL CODE
THE CITY COUNCIL. OF THE CITY OF ARROYO GRANDE. DOES ORDAIN AS
FOLLOWS:
SECTION 1: Statutory AuthorizatiQO. The legislature of the State of California has in
Government Code Sections 65302, 65560, and 65800 and in Water Code Sections 8400
. et seq. 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 Arroyo Grande does hereby adopt the following floodplain
management regulations.
SECTION 2: Findings of Fact. The flood hazard areas of the City of Arroyo Grande are
subject to periodic inundation which re.sults in loss of 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. 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.
SECTION 3: That Section 9-09.050 of Chapter 9 of Title 9 of the Arroyo Grande Municipal
Code is hereby repealed and deleted in its entirety and replaced with a new Section 9-
09.050 of Chapter 9 of Title 9 as shown in Exhibit "A" attached hereto and incorporated
herein by ~his reference as though fully set forth.
SECTION 4: That Section 9-18.030 of Chapter 18 of Title 9 of the Arroyo Grande Municipal
Code is hereby amended as shown in Exhibit '~B" attached hereto and incorporated herein
by this reference as though fully set forth. ,
'.
SECTION 5: If any section, subsection, subdivision, paragraph, sentence, clause or phrase
of this Ordinance or any part thereof is for any reason held to be unconstitutional, 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, clause or phrase thereof, irrespective of the
fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause
or phrases be declared unconstitutional.
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ORDINANCE NO. 501
PAGE 2 -
A
SECTION 6: 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 propo.sed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15)
day~ 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 City Clerk
shall post a certified copy of the full text of such adopted Ordinance.
SECTION 7: This Ordinance shall take. effect thirty (30) days after ifs final passage.
On motion of Council Member Runels , seconded by
Council Member Dickens and on the following roll call vote,
to-wit:
AYES: Council "Members Runels, 'Dickens, Ferrara, Tolley, and Mayor Lady
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this'26th. day of' January ,1999.
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ORDINANCE NO. 501 C.S. .
PAGE 3
. M'C~~~4' C#
ATTEST: .
c1)~a. ~
NANCY A. D IS,
DIRECTOR OF ADMINISTRATIVE SERVICES/CITY CLERK
r;OVED AS TO ~T:
~TL. HLL\u1
ROBERT L. HUNT, CITY MANAGER
APPROVED AS TO FORM:
~~
TI OTH . C R EL, CITYArrORNEY
.
I, NANCY A. DAVIS, Director of Administrative Services/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 foregoing Ordinance No. 501 C.S. is a true, full,
and correct copy of said Ordinance passed and adopted at a regular meeting'of
said Council on the 26th day of January, 1999.
WITNESS my hand and the Seal ofthe City of Arroyo Grande affixed this 27th
day of January .1999.
!l a. ~
NANCY ~, r
DIRECTOR OF ADMINISTRATIVE SERVICES/CITY CLERK
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EXHIBIT A
SECTION 9-09.050 FLOOD PLAIN MANAGE~ENT(FH) DISTRICT
A. Statement of Purpose and Intent
It is the purpose of this Section to promote the public health, safety, and general welfare,
and to minimize public and private losses do 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 damage.
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. .
B. METHODS OF REDUCING FLOOD LOSSES.
In order to accomplish its purposes, this ordinance 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.
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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, and natural protective
barriers, which help accommodate or channel flood waters.
4. Control filling, grading, dredging, and other development which may increase flood
damage.
5. Prevent or regulate the construction of flood barriers which will unnaturally divert
flood waters or which may increase flood hazards in other areas.
c. General Provisions
1. Lands to whi~h this ordinance applies
This ordinance shall apply to all areas of special flood hazards within the jurisdiction
of the City of Arroyo Grande.
2. Basis for establishing the areas of special flood hazard
The areas of special flood haza'rd identified by the Federal Insurance Administration
(FIA) of the Federal Emergency Management Agency (FEMA) in the Elo.od
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 hereby
adopted by reference and declared to be a part of this ordinance. These areas are
the minimum area of applicability of this ordinance and may be supplemented by
studies for other areas which allow implementation of this ordinance and which are
recommended to the City of Arroyo Grande 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 ordinance 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 of Arroyo Grande from taking
such lawful action as is necessary to prevent or remedy any violation.
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4. Abrogation and greater restrictions f
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.
5. Interpretation
In the interpretation and application of this ordinance, 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 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 City of Arroyo Grande, 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 ordinance or any
administrative decision lawfully made hereunder.
D. 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 Section
9-09.050 C. Application for a development within an area of special hazard shall be
made on fotms 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 c:trea 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
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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 Section 9-09.050 E1c{3}.
b. All appropriate certifications listed in Section 9-09.050 D3d of this ordinance.
c. Descripti~n 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 is hereby appointed to administer, implement, and
enforce' this ordinance.
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;
(1 ) Permit requirements of this ordinance have been satisfied,
(2) The site is reasonably safe from flooding, and
(3) 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
Section 9-09.050 C2, 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 Section 9-
09.050 E.
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c. Notification of Other Agencies
f
Whenever there is an 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.
(3) Assure that the flood carrying capacity within the altered or relocated
portion of said watercourse is maintained.
d. Documentation of Floodplain Development
Obtain and maintain for public inspection and make available as needed the
following:
(1 ) Certification required by Section 9-09.050 E1c(1) (lowest floor
elevations). .
(2) Certification required by. Section 9-09.050 E1c(2) (elevation or
flood proofing of nonresidential structures).
(3) Certification required by Section 9-09.050 E1 c(3) (wet flood proofing
standard).
(4) Certification of elevation required by Section 9-09.050 E3b
(subdivision standards).
(5) Certification required by Section 9-09.050 E6a (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 Section
9-09.050 F.
f. Take action to remedy violations of this ordinance as specified in Section 9-
09.050 C3.
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E. Provisions for Flood Hazard Reduction'
In addition to the development standards of the District with wich the FH district has been
combined and the standards contained in Chapter 9-10 and 9-11, the standards contained
in this' shall apply. In the event of a conflict in the applicable regulations, the provisions
of this Section shall govern.
1. Standards of construction
In all areas of special flood hazards the following standards are required:
a. Anchoring
(1 ) All new construction and substantial improvements within special
flood 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.
(2) All manufactured homes shall meet the anchoring standards of
Section 9-09.050 E4.
b. Construction materials and methods
All new construction and substantial improvement with special flood hazard
areas 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
equipm,ent 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 on slopes to guide flood waters around and away
from proposed structures.
c. Elevation and floodproofing.
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See Section 9-18.030 for definitions for "basement," "new construction,"
"substantial damage" and "substantial improvement".
(1) Residential construction, new or substantial improvement, shall have
the lowest floor, including basement,
(a) in an AD 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 elev.ated.
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:
The floodproofing standard in 'Section 9-09.050 E1c(3).
The anchoring standards hl Section 9-09.505 E1a.
The construction materials and methods standards in Section
9-09.050 E1b.
The standards for utilities in Section 9-09.050 E2.
(2) Nonresidential construction, new or substantial improvement, shall
either be elevated to conform with Section 9-09.050 E1c(1) or
together with attendant utility and sanitary facilities;
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(a) be flobdproofed below the elevation recommended under
Section 9-09.050 E1 c(1) 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 cer:tified by a registered professional engineer or architect
that the standards of this Section 9-09.050 E1 c(2) are
satisfied. Such certification 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 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.
{4} Manufactured homes shall also meet the standards in Section 9-
09.050 E4.
2. 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.
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3. 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.
4. Standards for Manufactured Homes
a. All manufactured homes that are placed or substantially improved within
Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map,
on sites located:
(1 ) Outside of a manufactured home park or subdivisions
(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 existin9 manufactured home park or subdivision on a site upon
. which a manufactured home has incurred "substantial damage" as the
result of a flooo,
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 la~eral movement.
b. All manufactured homes to be placed or substantially improved on sites in
an existing manufactured home park or subdivision within Zones A1-30, AH,
AE on the community's Flood Insurance Rate Map that are not subject to the
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provisions of Section E4a 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;
(1 ) Lowest floor of the manufactured home is at least one foot above the
base flood elevation, or
(2) 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.
5. Standards For Recreational Vehicles
a. All recreational vehiCles placed on sites within Zones A 1-30, 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 Section 9-09.050 D and the elevation
and anchoring requirements for manufactured homes in Section 9-
09.050 E4a
6. Floodways
Located within areas of special flood hazard established in Section 9-09.050 C2 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 Section 9-09.050 E6a is satisfied, all new construction, substantial
improvement, and other proposed new development shall comply with all
other applicable flood hazard reduction provisions of Section E.
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F. Variances and appeals t ...
,
1. The Planning Commission of the City of Arroyo Grande shall hear and decide ,
appeals and requests for 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 of Arroyo Grande
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 ordinance 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
I n passing upon requests for variances, the Planning Commission shall. consider all
technical evaluations, all relevant factors, standards specified in other sections of
this ordinance, and the;
a. danger that materials may be swept onto other lands to the injury of others;
b. danger of life and property due to flooding or erosion damage;
c. 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;
d. . importance of the services provided by the proposed facility to the
. community,
e. necessity to the facility of a waterfront location, where applicable;
f. availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
g. compatibility of the proposed use with existing and anticipated development;
h. relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
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i. safety of access to the property in time of flood for ordinary and emergency
vehicles;
j. expected heights, velocity, duration, rate of rise, and sediment transport of
the, flood waters expected at the site; and '. .
k. 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 Sections 9-09.050 D and E of this ordinance 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
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 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 ordinance. For example, in the case of variances to
. an 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;
(1 ) showing of good and sufficient cause;
.
(2) determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
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(3) determination that the granting of a variance will not result in --
increased flood heights, additional threats to public safety, or
. extraordinary public expense, creat.e a nuisance cause fraud or
victimization of the public, or conflict with existing local laws or
ordinances.
Hardship as used herein means the axceptional 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 herein 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 an.y navigable lake, or river, bay, str~am, canal, or basin.
Fraud and victimization as used herein, 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 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.
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 Sections 9-09.050 F5a
through F5e 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 tQ public safety and does not create
a public nuisance.
g. Upon consideration of the factors of Section 9-09.050 F4 and the purposes
of this ordinance, the Planning Commission may attach such conditions to
the granting of variances as it deems necessary to further the purposes of
this ordinance.
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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.
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EXHIBIT B
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DEFINITIONS
The following definitions add to, or replace (as noted) existing definitions contained in
Section 9-18.030 of the Arroyo Grande Municipal Code.
ADDED DEFINITIONS
Area of Shallow Flooding: 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.
Area of special flood-related erosion hazard: Is the land within a community which is
most likely to be subject to severe flood-related erosion losses. The area . maybe
designated as Zone E on the Flood Insurance Rate Map (FIRM).
Area of special flood hazard: See "Special flood hazard area,"
Encroachment: For floodplain management purposes 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.
Existing manufactured home park or subdivision: For floodplain management
purposes 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.
Flood, flooding,. or flood water: see Flood Hazard
Flood Boundary and Floodway Map (FBFM): 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.
Flood Insurance Study: 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.
Floodplain or flood-prone area: Any land area susceptible to being inundated by
water from any source - see "Flooding".
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Floodplain management regulations: Section 9-09.050 and other 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.
Floodproofing: 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. .
Floodway fringe: The area of the floodplain on either side of the "Regulatory
Floodway" where encroachment may be permitted.
Highest adjacent grade: For floodplain management purposes means the highest
natural elevation of the ground surface prior to construction next to the proposed walls
of a structure.
Historic structure: Any structure that is
1. 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.
2. 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;
3. 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 .
4. . individually listed on a local inventory of historic places in c<?mmunities
. 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.
Levee: 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.
Manufactured home park or subdivision: A parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
Obstruction: For floodplain management purposes, includes, but is not limited to, any
dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation,
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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.
Regulatory floodway: 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.
Substantial damage: For floodplain management purposes, 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.
Substantial improvement: For floodplain management purposes, means any
reconstruction, rehabilitation, addition, or other proposed new development of a -
. structure, the cost of which eq4als 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
1. 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
2. any alteration of a "historic structure", provided that the alteration will not
preclude the structure's continued designation as a "historic structure".
DEFINITIONS WHICH ARE MODIFIED
Basement
Old definition: A portion of building partly or wholly underground and having more
than one-half of its height below the average level of the adjoining ground.
..
New definition: Any area of the building having its floor subgrade - i.e., below
ground level on all sides.
New construction
Old definition: For floodplain management purposes, structures for which the
start of construction commenced on or after the effective date of a floodplain
management regulation adopted by Ordinance 312 C.S. effective July 26,1984,
as amended by Section1, Ordinance No 366 C.S., effective January 8, 1988.
New definition: 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 the City, and includes any
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subsequent improvements to such structures (Ordinance 312 C.S. effective July
26, 1984, as amend~d by Section 1, Ordinance No 366 C.S., effective January
8, 1984, and as modified by Ordinance No 501 C.S.
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