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O 312 C.S. - -c.....~_ .';..-'C:""--;C'-;;;~~;;::;":'~:'.'..---,--,""___'_'_ ----.-~....~..__ . ..-.-.--.-- ---'~---.o:-:-::-.., 1 -. ~~ .--- ." -~"~'~. ~ V: . . . . > LEGAL NOT! CE ORDINANCE NO. 312 C.S. SUMMARY OF AMEIWMENT TO ZONING ORDINANCE The City Council of the City of Arroyo Grande considered final adoption of an Ordina~ce amending Title 9, Chapter 4, of the Zoning Ordinance deleting Article 36 and Article 37, and adopting a new Article 36 entitled "Flood Damage Prevention District or Flood Hazard (F-H) District". The proposed Amendment establishes ce~tai~ r~uirements governing or prohibiting construction within the Flood Hazard F-H District. It is the purpose of this Ordinance to promote the public health, safety,,_ and general welfare, and to minimize public and private losses due to flood - conditions in specific areas by provisions designed: .... - '" A. To protiic.t human HfeancJhe.lth. ..L-o", . "..:.'. ,";".'"'-::.'." .."' <'" ..' ,.~,~:;.C;c,~.;:~:~ ".' . ,;'~.~., . B. To milti.ize expenditure of public money for costly flOCNl c..ht...1 projects. C. To,minimize the need for rescue and relief efforts. D. To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future- boUght areas. , E. To insure that potentialbuyers:are notified that property is in an , area of special flood hazard. F. To insure that those who occupy the areas of special flood hazard assume responsibility for their actions.' -,_._- - .. ------ -- .- ""_n_ _ _.. _. ,. A copy of the full text of the Ordinance is available for public review in the Office of the City Clerk or the Office of the Public Works Director at the Arroyo Grande City Hall, 214 East Branch Street, Arroyo Grande, CA. . .-.--.. ..-.... ,., ...-.... "-------- .....* -,-- This Ordinance shall be in full force and effect thirty (30) days after its passage, and within fifteen (15) days after its passage, a summary of Amendment to the Zoning Ordinance shall be published once, in a newspaper of general circulation within the City. On motion of Councilman Vandeveer, seconded by Councilman Gallagher, and on the following roll call vote, to wit: AYES: Councilmen Gallagher, Hogan, Millis, Vandeveer and Mayor Smith NOES: None ABSENT: None the foregoing Ordinance was passed and adopted the 26th day of June 1984. yJ~~ MAYOR ATTEST: I ..., ,...~, .~' ~, . ". ~iI.. ,~'.ii>iii,C~.G~~;~...~,j) ._ ~i . . . . ! " .' ORDINANCE NO. 312 C.S. , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO "GRANDE AMEND I NG TITLE 9, CHAPTER 4, OF THE ZON I NG ORDINANCE, DELETING ARTICLE 36 AND ARTICLE 37, AND ~.-..' ADOPTING A NEW ARTICLE 36 ENTITLED "FLOOD DAMAGE PREVENTION DISTRICT OR FLOOD HAZARD (F-H) DISTRICT". ~,,,"'." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AS FOLLOWS: SECTION 1. Articles 36 and 37 of the Municipal Code are repealed; and a new Article 36 is added as follows: FLOOD DAMAGE PREVENTION DISTRICT OR - (F - H) DISTRICT . ARTICLE 36 "., 1.1 STATUTORY AUTHORIZATION. FINDINGS OF FACT. PURPOSE AND OBJECTIVES STATUTORY AlITHORIZATION . " The Legislature of the State of California has delegated the responsibility to local governmental units to adopt regu- lations designed to promote the public health. safety. and general welfare of its citizenry. Therefore. the City Council of Arroyo Grande. California does ordain as follows: -'-' 1.2 FINDINGS OF FACT (1) The flood hazard areas of Arroyo Grande are subject to periodic inundation which results in loss of life and property. health and safety hazards. disruption of commerce and governmental services. extraordinary public expenditures for flood protection and, relief. and impairment of the tax base. all of which adversely affect the public health, safety and general welfare. (2) These flood loses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities. and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otheT\1ise protected from flood damage also contribute to the flood loss. . - ----- ; '.- . :. " Ordinance No. 3)2 C. S, Page 2. . ->0.-'" TITLE 9 PLANNING AND ZONING """","":'.- CHAPTER 4 ZONING ARTICLE 36 FLOOD DAMAGE PREVENTION DISTRICT OR (F-H) DISTRICT Sec. 9-4.3601 PURPOSE-- THE PROPOSED AMENDMENT ESTABLISHES CERTAIN REQUIREMENTS GOVERNING OR PROrlBJTING CONSTRUCTION. WITHIN THE FLOOD HAZARD DISTRICT. . t ~s the purpose of this ordinance to promote the public heal th, safety, and general welfare, and to minimize public - and private losses due to flood conditions in specific areas by provisions designed: (a) To protect human life and health; (b) To minimize expenditure of public money for costly ~ flood control projects; (c) To minimize the need for rescue and relief efforts; (d) To help maintain a stable tax base by providing for the second use and development of areas 'of special flood hazard so as to minimize future blight areas; -'! (e) To insure that potential buyers are notified that property is in an are<j. of special flood hazard; and, (f) To insure that those who occupy the areas of special flood hazard assume responsibility for their actions. Sec. 9-4.3602 METHODS OF REDUCING FLOOD LOSSES' In order to accomplish its purposes, this ordinance in- cludes methods and provisions for: (a) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion or in flood heights or velocities; (b) Requiring that uses vulnerable to floods, including facilities \nlich serve such uses, be protected against flood damage at the time of initial construction; (c) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; (d) Controlling, filling, grading, dredging, and other development which may increase flood damage; and, (e) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or wldch may increase flood hazards in other areas. Sec. 9-4.3603 DEFINITIONS Unless sped ficalJ y defined belo\<, 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 312 C. S. Page 3. , "."..... -";'". ordinance its most reasonable application. "Appeal" means a request for a revie\~ of the City Engineer's interpretation of any provision of this ordinance or request for a variance. "Area of sha.llow flooding" mea.ns a designated AD or VO Zone on the 'Flood Insurance Rate Map (FIRM). The base flood - depths range from one to three feet; a clearly defined cbannel does not exist; the path of flooding is unpredict- able and indeterminate; and, velocity flow may be evident. "Area of special flood ba:l:ard" means the land in tbe flood plain within a community subject to a one percent or greater cbance of flooding in any given year. This area is desig- nated as Zone A, AD, AM, AI-50 on the FIRM. "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. "Development" means any man-made change to improved or unL~proved real estate, including but not limited to build- ings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within tbe area of special flood hazard. "Existing mobile home park or mo1?ile home subdivision" means a parcel (or contiguous parcels) of land divided into two 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. "Expansion to an existing mobile home park or mobile home subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets). "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (a) The overflo\~ of inland or tidal waters and/or (h) The unusual and rapid accumulation of runoff of sur face \~aters from any source. "flood Boundary "loo(h;;I)' ~lai~ means the office map on whiclJ The Fe<lera I Insurance Administration has delinc'ated both . -"....-....-.. - ,- . , Ordinance 312 C.S. Page 4. or'o -r._.,.., --.,,-," the areas of flood hazard and the floodway. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administration has delin- eated both the areas of special flood hazards and the risk premium zones applicable to the community. . "Flood Insurance Study" means the official report provided - by the Federal Emergency Management Agency that includes flood profiles, the FI~I, the Flood Boundary Floodway Map, and the water surface elevation of the base flood. "Floodproofing" means any combination of structural and non-structural additions, changes or adjustments to non- residential structures which reduce or eliminate flood damage to real estate or improved property. "Flood-related erosion" a condition that exists in con- junction with a flooding event that alters the composition of the shoreline or bank of a watercourse. One that ~,~reases the possibility of loss due to the erosion of the land area adjacent to the shoreline or watercourse. "Floodltay" means the channel of a river or other water- course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elev~tion more than one (1) foot. The floodway is delineated on the Flood Boundary Flood\tay ~Iap. "Habitable floor" means any floor usable for living pur- poses, which includes working, sleeping, eating, or recreation, or combination thereof. For flood insurance purposes habitable floor and 100~est floor will share the same definition. "Hazard Nitigation Plan" - A plan that incorporates a process whereby the potential of future loss due to flooding can be minimized by planning and implementing alternatives to flood plain development community wide. "Hjghest Grade" means the highest natural elev~tion of the ground surface prior to construction next to the proposed walls of a structure. "Mobile home" means a structure that is transporti'ble in one or more scctions, buil t on a permanent chassis, and designed to be used with or without a permanent found- ation when connected to the required utilities, It docs not include recrcational vchicles or travel trailers, ormanufactured housing on permancnt slab foundation. -' - .~.._~---- ~-~----- -..-- ~--"- , --.'-'" Ordinance 312 C.S. Page 5. -.,.,." "New construction" means structures for which the "start of construction" conunenced on or after the effective date of this ordinance. "New mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile borne lots for rent or sale for wbich the construstion of facilities or servicing the lot (including, at a minimum, tbe installation of utilities, either final - site grading or the pouring of cortcrete pads, and the 'con- struction of streets) is completed on or after the effective date of this ordinance. "Start of construction" means the first placement of per- ,- manent 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. Pemanent construction does nOt include land preparation, such as clearing, grading, and filling, nor does it include th~ . installation of streets and/or walkways; nor does 'it include excavation for basement, footings, piers or found- aTions or the erection of temporary foms; 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 structure (other than a mobile home) without a basement or poured footings, tbe "start of construction" includes tbe first pe:rmanent framing or assembly of ' the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile bome park or mobile home subdivision, . "start of construction" means tbe affixing of the mobile home to its pe:rmanent 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 tbe mobile home is to be affixed (including), at a minimwn, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. "Stnlcture" means a walled and roofed building or mobile home that is principally above ground. "Suhstantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being rest.ored, hefore the damage occurred. For the purpo5es of this definition, "substantial im- provement" is considered t.o occur when the first alteration of any Imll, ceiling, floor, or other I i , . -_.~- -'--~ ----~-_..- ~---_._-- , . ,,-." Ordinance 312 C.S. Page 6. -,..... -",,", structural part of the building commences, whether or not that alteration affects the ex- ternal dimensions of the structure. This term does not, however, include either (a) any project for improvement of a structure to . comply with existing state or local health , sanitary, or safety code specifications which - are solely necessary to assure safe living con- ditions, or (b) any alteration of a structure listed on the National Register of Historic Places Or a State Inventory of Historic Places. "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. GENERAI;:PROVISlONS Sec. 9-4.3604 LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special flood ha~ards within the jurisdiction df the City of Arroyo Grande. Sec. 9-4.3605 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood ha~ard identified by the Federal Insurance Administration, through the Federal Emergency Management Agency in a scientific and enginee- ring report entitled "The Flood Insurance Study for the City of Arroyo Grande," dated July, 1983, I~ith 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 at the office of the City Engineer, 214 East Branch Street, Arroyo Grande, California. Sec. 9-4.3606 CO~IPLI^NCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable rcgulntions. ---~--_..__.._._--------- -~--"'-- --.--- .-.-.... -~-.,.. --".,.,.. Ordinance No. 312 C.S. Page 7. Sec. 9-4.3607 ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal. abrogate, or impair any existing easements. covenants, or deed restriction conflict or overlap. whichever imposes the more stringent restrictions shall prevail. - Sec. 9-4.3608 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. ~, Deemed neither to limit'nor repeal any other powers .; (c) granted under state statutes. Sec. 9-4.3609 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection r~quired by this ordinance 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 out- side 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 the City of Arroyo Grande, ony officer or employee thereof. or the Federal Insurance Administration, for any flood damages that result reliance on this ordin- ance or any administrative decision lalifully made there- under. A[JmNISTRATION , Sec, 9-4.3610 ESTAB!.ISJlMENT OF DEVELOP~IENT PERMIT A Development Permit shall be obtained before construction or deveJopment begins within any area of special flood hazard established in Sec, 9-4.3605. Application for a Development Permit shall be made on forms, furnished by the City Engineer, and may include, but not be limited to; plans in duplicate scale shOl<lng the nature, location, . -, ----.-- -_..~ ---.- ----~_._- ~.~ , ~.:.;.:,~. Ordinance No. 312 C.S. Page 8. _.".,,- 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 habitable floor (including basement) of all structures; in Zone 'AO elevation of existing - grade and proposed elevation of lowest habitable floor of all structures. (b) Proposed elevation in relation to mean sea level to which any structure will be floodproofed; ."-- (c) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure m'eet the floodproofing criteria in Section'9-4.3913 (c) (3) and. .. (d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Sec. 9-4.3611 DESIGNATION OF THE LOCAL ADMINISTRATOR The City Engineer is hereby appointed to administer and implement this ordinance by granti,ng or denying develop- ment permit applications in accordance with its provisions. Sec; 9-4;3612 DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER shall include, but not limitied to: (3) Permit Review (1) Review all development permits to determine that the permit requirements of this ordinance have been satisfied. (2) Revieli all permits to determine that the site is reasonably safe from flooding. (3) Review all development permits to dete~~ine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For purposes of this ordinance, "adversely affects" means that the cumulative effect of the proposed development when com- bined with all other existing and anticipated development \'ill not increase the l'Iater surface elevation of the base flood more than one foot at any point. . -------- -- -- .. . , ~"-" Ordinance No. 312 C,S. Page 9. "'''~''C'' (4) Review all proposals for the development of 5 parcels or more to assure that the flood discharge exiting the development after con- ' struction is equal to or less than the flood discharge at the location prior to development. (b) Use of Other base Flood Data . When base flood elevation data has not been provided - in accordance with Section 9-4.3605, BASIS FOR ESTAB- LISHING THE AREAS OF SPECIAL FLOOD HAZARD, the City Engineer shall obtain, review, and reasonably utilize any base flood elevation data available from a 'Federal, state or other source, in order to administer Sec. 9-4.3613 - 3619, 'PROVISION FOR FLOOD HAZARD REDUCTION. . .'. (c) Information to be Obtained and Maintained Obtain and main~ain for public inspection and make available as needed for Flood Insurance Policies: (1) the certified elevation required in Sec. 9-4.3613 (c) (1); (residential) (2) the certification required in Sec. 9-4.3613 (c) (2) (shallow flooding) (3) the floodproofing certification required in Sec. 9-4.3613 (c) (3); fnon-residential) (4) the certified elevation~required in Sec. 9-4.3616 (b); and (subdivision) (5) the coastal high hazard certification required in Sec. 9-4.3619 (b) (3) ; (coastal) (6) the anchoring certification required in Sec. 9- 4.3617 (a) (mobile home) (d) Alteration of Watercourses (1) Notify adjacent communities and the Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (2) Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained. (c) Interpretation of FIRf.! Boundaries ~lakc interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict betl.een a mapped boundary and actual field condl Lions.) The person contesting the location of , ----_.---- , Ordinance No. 312 C.S. Page 10. -"...... ~~",."'.,.-" the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Sec. 9- 4.3620 - 21, VARIANCE PROCEDURE. (f) Maintenance of Flood Protection Measures The maintenance of any and all flood protection . measures, (levees, dikes, dams or reservoirs), will . be required of the jurisdiction where such measures - provide protection. If these measures are privately owned, an operation or maintenance plan will be re- quired of the owner to be on file with the City Engineer. .... (g) Hazard Mitigation Plan The local agency or board responsible for reviewing all proposals for new. development shall weigh all requests for fut~re flood plain development against the community's Gene~al Plan. 'Consideration of the . following elements are required before approval: (1) Determination if proposed development is iri or affects a known flood plain, (2) Inform the public of the proposed activity, (3) Determine if there is a practicable alternative or site for the propose~ activity (4) Identify impact of the ~ctivity on the flood plain, (5) Provide a plan to mitigate the impact of the activity with provisions in Sec. 9-4.3612 (a) (4) PROVISIONS FOR FLOOD ~~ZARD REDUCTION Sec. 9-4.3613 STANDARDS OF CONSTRUCTION In all areas of special flood hazards, the following standards are required: (a) Anchoring (1) All ncw construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. (2) All mobile homes shall meet the anchoring standards Sec. 9-4.3617 (a) (b) Construction Materials and ~Iethods (1) All ne\' construction and substantial improvements shall be constructed I<ith materials and utility equipment resistant to flood d:Inlage. (2) All ne\< construction and substantial improvements s],a1] be using methods and practices that mini- mize flood damage. . ------ ---~ " , Ordinance NQ. 312 C.S. Page 11. '--.-.0., --.",". (3) All elements that function as a part of the structure, such as furnace, hot water heater, air conditioner, etc., shall be elevated to or above the base flood elevation or depth number specified on the FIRM. (c) Elevation and Floodproofing (1) New construction and substantial improvement of - any structure shall. have the lowest habitable floor, including basement, elevated to or above the base flood elevation. Non-residential structures may meet the standards in Section 9- 4.3613 (c) (3). Upon completion 'of the structure -., the elevation of the lowest habitable floor in- cluding basement shall be certified by a regis~ ' tered professional engineer or suxveyor or verified by. the local puilding inspector that elevation r,equirements have been met. Notifi- cation of compliance shall be recorded as set forth in Sec. 9-4.3612 (c) (1). (2) New construction and substantial improvement"of any structure in Zone AO shall have the lowest floor, including basement, e1evated to or above the depth number specified on the FIRM. If there is no depth number on the FIRM, the lowest floor, including basement, shall be elevated to ---- .' a depth of one foot above' the highest adjacent' ,. grade. Non residential structures may meet standards in Sec. 9-4.3613 (c) (3). Upon COlll-' pletion of the structure compliance to, the elevation requirement shall be certified by a registered professional engineer qr surveyor or verified by the local building inspector. Notification of compliance shall be recorded as set forth in Sec. 9-4.3612 (c) (2) . (3) Nonresidential construction shall either be elevated in conformance with Sec. 9-4.3613 (c) (1) or (2) or together with attendant utility and sanitary facilities. . be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of \1ater; . have structural components capable of resis- ting hydrostatic and hydrodynamic loads and effects of bouyancy, and; . be certified by a registered professional engineer or architect that the standi.rds of this subsection are satisfied. Such certifi- cations shall be provided to the official as -- ---- -- , Ordinance No. 312 C.S. Page 12. ........ _.-c.__," -.....' _..'w....._ set forth in Sec. 9-4.3612 (c) (3) . (4) Mobile homes shall meet the above standards and also the standards in Sec. 9-4.3617 (5) Structures in Coastal High Hazard Areas shall meet the requirements of Sec. 9-4.3619 . . Sec. 9-4.3614 - . STANDARDS FOR SWRAGE OF MATERIALS AND EQUIPMENT (a) Th~ 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. (b) 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 re- movable from the area within the time available after flood warning. Sec. 9-4.3615 STANDARDS FOR UTILITIES (a) All new and replacement water supply and sanitary sewage systems shall be d~signed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. (b) On-site waste disposal systems shall be located to avoid impairment 'to them or contamination from them during flooding. Sec. ' 9-4.3616 STANDARDS FOR SUBDIVISIONS (a) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. (b) All final subdivision plans will provide the eleva- tion of proposed structure (s) and pads. If the site is filled above the base flood, the final pad eleva- tion shall be certified by a registered professional cngincer or surveyor and provided to the official as set forth in Sec. 9-4,3612 (c) (3) . (c) All subdivision propostlls shall be consistent with the need to minimize flood damage; . -------~ . ,.~._--,,--,"" ------ . ' . ---..,;," Ordinance No. 312 C.S. Page 13. ...~.". (d) All subdivision proposals shall have public utilities and facilities such as s~~er, gas, electrical, and water systems located and constructed to minimize flood damage; (e) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage as set forth in Sec. 9-4.3612 (a) (4) . Certification . of,compliance shall be required of the developer. - Sec. 9-4.3617 . STANDARDS FOR MOBILE HOMES AND MOBILE HOME PARKS AND SUBDIVISIONS ,- (a) All mobile homes and additions to mobile homes shall be anchored to resist flotati~, collapse, or lateral , movement by one of th~ following methods: (1) by providing an anchoring system designed to withstand horizontal forces of 15 pounds per square foot; or (2) by the anchoring of the unit's system, . designed to be in compliance to the Department of Housing and Development Mobile Home Construction and Safety Standards; or (3) As set forth in Sec. 9-4.3612 (c) (6), certi- fication meeting the standards above is re- quired of the installef or state agency ,,- responsible for regulating the placement, in- stallation and anchoring of individual mobile home units. (b) 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) ex- pansions to existing mobile home parks or subdivisions, and, (d) repair, reconstruction, or improvements to existing mobile home'parks or subdivisions that equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. (1) Adequate surface drainage and access for a hauler shall be provided. (2) All mobile homes shall be placed on pads or lots elevated on compacted fill or on pilings so that the 100~est floor of the mobile home is at or above the base flood level. If elevated on pilings: . the lots shall be large enough to permit steps; . the pi] ings shall be placed in stable soil no more than ten feet apart and, . -----.- --_._.-_._--_._-~._""""'-,._,. "--- -', . " , ">.:""''f' Ordinance No. 312 C.S. Page 14. . ~,,",'- ., . reinforcement shall be, provided for pilings more than six feet above the ground level. (c) No mobile home shall be placed in a floodway except in an existing mobile home park or existing mobile home subdivision. . (d) Certification of compliance is required of the developer responsible fo~ the plan or state agency - responsible for regulati1:\g mobile home placement. . Sec. 9-4.3618 FLOODlfAYS Located within areas of special flood hazard established in Se~ 9-4.3605 are areas designated as floodways. Since the floodway is an extremely haz,ardous area due to the velocity of flood wat.ers which carry debris, potential projectiles, and eroslon potential, the following provision applies: ' Ca) Prohibit encroachments, including fill, new con- struction, substantial improvements. and other ''',development unless" certification bya registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occur- rence of the base flood discharge. VARIANCE PROCEDURE Sec. 9-4.3619 Appeal Board (a) The Planning Commission shall hear. and decide appeals and requests for variances from the requirements of this ordinance. (b) The Planning Commission shall hear and decide appeals when it is alleged there is an error in any require- ment, decision, or determination made by the City Engineer of this ordinance. (c) Those aggrieved by the decision of the Planning Commission or any taxpayer, may appeal such decision to the City Council as provided in Title 1 Chapter 4.01 of the ~Iunicipal Code. (ll) In passing upon such applications, the Planning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: . ----.- -- ;. . . . , ~...,. Ordinance No. 312 C.S. Page 15. --.,,~. (1) the danger that materials may be swept onto other lands to the injury of others; (2) the danger to life and property due to flooding or erosion damage; (3) the susceptibility of the proposed facility and its contents to flood damage and the effect of . such damage on the individual owner; - (4) the importance of the services provided by the proposed facility to the community; (5) the necessity to the facility of a waterfront' location. where applicable; , (6) the availability of alternative locations. for the proposed use which are not subject to flooding or erosion damage; (7) the compatability of the proposed use with existing and anticipated development; (8) the relationship of the proposed use to the comprehensive plan and flood plain management progrom for that area; (9) the safety of access to the property in times of flood for ordinary and emergency vehicles; , (10) the expected heights. velocity. duration. rate of rise., and sediment transport of the flood -- waters expected at the site; and. (11) 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. (e) Generally, variances may be issued for new'construct- ion and substantiaL improvements .,to be erected on a" , lot of one-half acre or less in size continguous to and surrounded by lots with existing structures constructed below the base flood level. providing itcms (1-11) in Sec. 9-4.3620(d} have been fully considered. As the lot size increases beyond the one-half acre. the technical justification required for issuing the variancc incrcases. (f) Upon consideration of the factors of Sec. 9-4.3620 (d) 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. (g) The City Engineer shall maintain the records of all , appeal actions and report any variances to the Federal Emergency Nanagemcnt Agency upon request. . . ---~-- ,-...~=,._..~ ---- _..... . . . 6RDINANCE NOL.312 C.S. PAGE II> . --0"'.' . Sec. 9-4.3620 Conditions for Variances (a) Variances may be issued for the reconstruction, re- habilitation or restoration of structures listed on the National Register of Historic Places or the . State Inventory of Historic Places, without regards to the procedures set forth in the remainder of - this section. - (b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. ." (c) Variances shall only be 'issued upon a determination that the variance is the minimum necessary, consid- ering the flood hazard, to afford relief. (d) Variances shall\pnly be issued upon: (1) a showing of good and sufficient cause such as renovation,rehabilitation or reconstruction. Variances issued for economic considerations, aesthetics or because variances ,have been used in the past are ~ good and sufficient cause. (2) a determination that failure to grant the var- 'iance would result in exceptional hardship to the applicant; and . (3) a determination that the granting of a variance will not result in increased flood heights, add- itional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (e) Any applicant to \'hom a variance is granted shall be given written notice that the structure will be per- mitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. SECTION 2: This Ordinance shall be in full force and ~ffect thirty (30) days after its passage and within fifteen (15) days after Its pas~age, a summary. of Amendment to the Zoning Ordinance will be published once, In a newspaper of general circulation within the City. On motion of Councilman Vandeveer, seconded by Councilman Gallagher, and on the following roll call vote, to wit: AYES: Councilmen Gallagher, Hogan, Millis, Vandeveer and Mayor Smith NOES: None ABSENT: None the foregoing Ordinance was passed and adopted the 26th day of June 1984, A~~ MAYOR ATTEST: I, Vir inia L. Culp, Deputy City Clerk of the City.of Arroyo Grande, ~ounty of San Luis Obispo State of California, do hereby certIfy that the foregoing o d' No 312 C S is a true full and correct copy of said Ordinance pass~d . r 1 nance. . . , . 6 h d f J 1984 and adopted at a regular meeting of said CouncIl on the 2 t ay 0 une . ------ WITNESS, my hand and the Seal of the City of Arroyo Grande affixed this 28th day of June "964. , ~age \7. ro\nance No. 3'2 C.S, ~ <1>.... ... t" ~g !::<: ti ... ~ dO ~ ~~ p ~ ... ~ ... ~ \ ~g ... ~ ;;d. ~ \ .., -'~ ~ ~ ~""'" ~ ~.. ... .... ... ... ';z; .... ~ J,:IoI'; ~~' ..- .,. ;.ct S .... ~ ';i\ '" ~<~ ~ C\Ci "':~ ~ ....... i . ~c::>...:: ~....!a ~ ~w .-~ ". ...,::10 % ~ - c> ';z;~ ~-~ ~ ~ ~g~ o~{/) ~ .~ ... Qe. ~; ~ O':~ ~~~~" ~ 'pa ...' "" Oc:::>C:::> I>" .. Co' i ~ .;..a ~ ~ ;~~~ :;:2' S ... -- .... QCO ~ II< , . , . " " ... " Q,o\ot.....: t,: . ~(; ... II:. u .. uS ~ "~ .. ~ :< ::> - t. S z_ u <=> .. J c:> ~ ~ uS c::> 3 ~ z '" .. 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