HomeMy WebLinkAbout13-05 CC Ordinance ORDINANCE NO. 13-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING IN ITS ENTIRETY CHAPTER
15.12 (FLOOD DAMAGE PREVENTION REGULATIONS)
OF TITLE 15 TO MAKE CONSISTENT WITH THE LATEST
EDITION OF THE CALIFORNIA FLOODPLAIN
MANAGEMENT MODEL ORDINANCE FOR .
NONCOASTAL COMMUNITIES AND TO MAKE OTHER
MINOR REVISIONS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. On April 9, 1991, the City Council adopted Ordinance No. 91-12
establishing Chapter 15.12 entitled "Flood Damage Prevention Regulations" of the
Temecula Municipal Code.
Section 2. On December 2006, the California Department of Water Resources
established a new model for floodplain management ordinances. The purpose of the
model was to assist communities in meeting the minimum requirements of the National
Flood Insurance Program (NFIP).
Section 3. The City Council desires to amend Chapter 15.12 of Title 15 of the
Temecula Municipal Code in its entirety. The purpose of this amendment is to make it
consistent with the latest edition of the California Floodplain Management Model
Ordinance for Non-Coastal Communities and to make other minor revisions.
Section 4. Chapter 15.12 entitled "Flood Damage Prevention Regulations" of
Title 15 of the Temecula Municipal Code is hereby amended in its entirety to read as
follows:
"CITY OF TEMECULA
TITLE 15
BUILDINGS AND CONSTRUCTION
CHAPTER 15.12
FLOODPLAIN MANAGEMENT
Sections:
Article I Statutory Authorization, Findings of Fact, Purpose and
Methods
15.12.010 Statutory Authorization
15.12.020 Findings of Fact
Ords 13-05 1
15.12.030 Statement of Purpose
15.12.040 Methods of Reducing Flood Losses
Article II Definitions
15.12.050 Definitions
Article III General Provisions
15.12.060 Lands to which This Chapter Applies
15.12.070 Basis for Establishing the Areas of Special Flood Hazard
15.12.080 Compliance
15.12.090 Abrogation and Greater Restrictions
15.12.100 Interpretation
15.12.110 Warning and Disclaimer of Liability
15.12.115 Severability
Article IV Administration
15.12.120 Establishment of Development Permit
15.12.130 Designation of the Floodplain Administrator
15.12.140 Duties and Responsibilities of the Floodplain Administrator
Article V Provisions for Flood Hazard Reduction
15.12.150 Standards of Construction
15.12.160 Standards for Utilities
15.12.170 Standards for Subdivisions
15.12.180 Standards for Manufactured Homes
15.12.190 Standards for Recreational Vehicles
15.12.200 Floodways
15.12.210 Reserved
15.12.220 Mudslide (i.e., Mudflow)-Prone Areas
15.12.230 Flood-Related Erosion-Prone Areas
Article VI Variance Procedure
15.12.240 Nature of Variances
15.12.250 Appeal Board
15.12.260 Conditions for Variances
Article I Statutory Authorization, Findings of Fact, Purpose and
Methods
15.12.010 STATUTORY AUTHORIZATION
The Legislature of the State of California has in Government Code Sections 65302,
65560 and 65800 conferred upon local government units' authority to adopt regulations
designed to promote the public health, safety and general welfare of its citizenry.
Therefore, the City Council of the City does adopt the regulations set forth in this
chapter.
Ords 13-05 2
15.12.020 FINDINGS OF FACT
A. The flood hazard areas of the City are subject to periodic inundation which
results in loss of life and property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely affect the public health,
safety and general welfare.
B. These flood losses are caused by 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 flood-
proofed, elevated or otherwise protected from flood damage also contribute to the flood
loss.
15.12.030 STATEMENT OF PURPOSE
It is the purpose of this chapter 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 protect human life and health;
6. To minimize expenditure of public money for costly flood control projects;
C. To minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in
areas of special flood hazard;
F. To 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 flood
blight areas;
G. To insure that potential buyers are notified that property is in an area of
special flood hazard; and
H. To insure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
15.12.040 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this chapter includes methods and provisions for:
Ords 13-05 3
A. Restricting or prohibiting uses which are dangerous to health, safety and
property due to water or erosion hazards, or which result in damaging
increases in erosion or flood heights or velocities;
B. Requiring that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
C. Controlling the alteration of natural floodplains, stream, channels and natural
protective barriers, which help accommodate or channel flood waters;
D. Controlling fill, 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 which may increase flood hazards in other
areas.
Article II Definitions
15.12.050 DEFINITIONS �
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted so as to give them the meaning they have in common usage and to give this
chapter its most reasonable application.
"Accessory Structure" means a structure that is either:
a. Solely for the parking of no more than 2 cars; or
b. A small low-cost shed for limited storage (less than 150 square feet) and
$1,500.00 in value.
"Accessory Use" means a use which is incidental and subordinate to the principle use
of the parcel of land on which it is located.
"Alluvial Fan" means a geomorphologic feature characterized by a cone or fan shaped
deposit of boulders, gravel and fine sediments that have been eroded from mountains
slopes, transported by flood flows and then deposited on the valley floors, and which is
subject to flash flooding, high velocity floods, debris flows, erosion, sediment movement
and deposition, and channel migration.
"Apex" means the point of highest elevation. on an alluvial fan, which on undisturbed
fans is generally the point where the major stream that formed the fan emerges from the
mountain front.
"Appeal" means a request for review of the Floodplain Administrator's interpretation of
any provision of this chapter or a request for a variance.
Ords 13-05 4
"Area of Shallow Flooding" means a designated AO or AH Zone on the Flood
Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a
clearly defined channel does not exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow.
"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 may
be designated as Zone E on the Flood Insurance Rate Map (FIRM).
'"Area of Special Flood Hazard" - see "Special Flood Hazard Area"
"Area of Special Mudslide (i.e., mudflow) Hazard" is the area subject to severe
Mudslides (i.e., mudflows). The area is designated as Zone M on the Flood Insurance
Rate Map (FIRM).
"Backfill" means the placement of fill material within a specified depression, hole or
excavation pit below the surrounding adjacent ground level as a means of improving
flood water conveyance or to restore the land to the natural contours existing prior to
excavation.
"Base Flood" means the flood having a one percent chance of being equaled or
exceeded in any given year (also called the "100-year flood").
"Basement" means any area of the building having its floor subgrade below ground
level on all sides.
"Building" - see "Structure"
"Critical Feature" means an integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire system would be
compromised.
"Curvilinear Line" means the border on either a Flood Hazard Boundary Map (FHBM)
or Flood Insurance Rate Map (FIRM) that delineates the special flood, mudslide (i.e.,
mudflow) and/or flood related erosion hazard areas and consists of a curved or contour
line that follows the topography.
"Development" means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials.
"Encroachment" means the advance or infringement of uses, plant growth, fill,
excavation, building, permanent structures or development into a floodplain which may
impede or alter the flow capacity of a floodplain.
Ords 13-05 5
"Erosion" means the process of the gradual "wearing away" of land masses. This peril
is not per se covered under the National Flood Insurance Program,.
"Existing Manufactured Home Park or Subdivision" means a manufactured home
park or subdivision for which the construction or 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.
"Expansion to and Existing Manufactured Home Park or Subdivision" means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets and either final site grading or the pouring of concrete pads).
"Fill" is the placement of fill material at a specified location to bring the ground surface
up to a desired elevation.
"Fill Material" can be natural sand, dirt, soil or rock. For the purposes of floodplain
management, fill material may include concrete, cement, brick or similar material as
approved on a case-by-case basis.
"Flood, Flooding or Flood Water" means:
a. a general and temporary condition of partial or complete inundation of
normally dry land areas from:
1. the overflow of inland or tidal waters;
2. the unusual and rapid accumulation or runoff of surFace waters from any
source; and/or
3. mudslides (i.e., mudflows), which are proximately caused by flooding as
defined in a.2. of this definition and are akin to a river of liquid and flowing
mud on the surfaces of normally dry land areas, as when earth is carried
by a current of water and deposited along the path of the current; and
b. the collapse or subsidence of land along the shore of a lake or other body of
water as a result of erosion or undermining caused by waves or currents of
water exceeding anticipated cyclical levels or suddenly caused by an
unusually high water level in a natural body of water, accompanied by a
severe storm, or by an unanticipated force of nature such as flash flood or an
abnormal tidal surge or by some similarly unusual and unforeseeable event
which results in flooding by the overflow of inland or tidal waters (as defined in
a.1. of this definition).
"Flood Elevation Determination" means a determination by the Administrator of the
water surface elevations of the base flood, that is, the flood level that has a one percent
or greater chance of occurrence in any given year.
Ords 13-05 6
"Flood Elevation Study" means an examination, evaluation and determination of flood
hazards and, if appropriate, corresponding water surface elevations or an examination,
evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion
hazards.
"Flood Hazard Boundary Map (FHBM)" means the official map on which the Federal
Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA)
has delineated the areas of flood hazards.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated
both the areas of special flood hazards and the risk premium zones applicable to the
community.
"Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the base flood.
"Floodplain or Flood-Prone Area" means any land area susceptible to being
inundated by water from any source (see definition of "flooding")
"Floodplain Administrator" is the individual appointed to administer and enforce the
floodplain management regulations.
"Floodplain Management" means the operation of an overall program of corrective
and preventive measures for reducing flood damage, including but not limited to
emergency preparedness plans, flood control works and floodplain management
regulations.
"Floodplain Management Regulations" means zoning ordinances, subdivision
regulations, building codes health regulations and special purpose ordinances such as
floodplain management regulations.
"Flood Protection System" means those physical structural works for which funds
have been authorized, appropriated and expended, and which have been constructed
specifically to modify flooding in order to reduce the extent of the area within a
community subject to a"special flood hazard" and the extent of the depths of associated
flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs,
levees or dikes. These specialized flood modifying works are those constructed to
conform with sound engineering standards.
"Flood-Proofing" means any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures and their
contents.
Ords 13-05 7
"Flood-Related Erosion" means the collapse or subsidence of land along the shore of
a lake or other body of water as a result of undermining caused by waves or currents of
water exceeding anticipated cyclical levels or suddenly caused by an unusually high
water level in a natural body of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by
some similarly unusual and unforeseeable event which results in flooding.
"Flood-Related Erosion Area" or "Flood-Related Erosion-Prone Area" means a
land area adjoining the shore of a lake or other body of water, which due to the
composition of the shoreline or bank and high water levels or wind-driven currents, is
likely to suffer flood-related erosion damage.
"Flood-Related Erosion Area Management" means the operations of an overall
program of corrective and preventive measures for reducing flood-related erosion
damage, including but not limited to emergency preparedness plans, flood-related
erosion control works and floodplain management regulations.
"Floodway" means the channel of a river or other watercourse and the adjacent land
area that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevations more than one foot. Refer to the definition of
"Regulatory Floodway."
"Floodway Encroachment Lines" means the lines marking the limits of floodways on
Federal, State and local floodplains maps.
"Floodway Fringe" is the areas of a floodplain on either side of the designated
floodway where encroachment may be permitted.
"Fraud and Victimization" related to Article VI "Variance Procedure" of this chapter
means that the variance granted must not cause fraud on or victimization of the public.
In examining this requirement, the Variance Board will consider the fact that every
newly constructed building adds to government responsibilities and remains a part of
the community for 50 to 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 a very high flood
insurance rate.
"Freeboard" means a factor of safety usually expressed in feet above a flood level for
purposes of floodplain management. "Freeboard" tends to compensate for the many
unknown factors that could contribute to flood heights greater than the height calculated
for a selected size flood and floodway conditions such as wave action, bridge openings
and the hydrological effect of urbanization of the watershed.
Ords 13-05 8
"Functionally Dependent Use" means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities, but does not include
long-term storage or related manufacturing facilities.
"Hardship" as related to Article VI "Variance Procedure" of this chapter means the
hardship that would result from a failure to grant the requested variance. The Variance
Board requires that the variance be exceptional, unusual and peculiar to the property
involved. Mere economic or financial hardship alone is not exceptional. Inconvenience,
aesthetic considerations, physical handicaps, personal preferences or the disapproval
of one's neighbors likewise cannot, as a rule, qualify as exceptional hardships. All of
these problems can be resolved through other means, without granting a variance. This
is so even if the alternative means are more expensive or complicated than building with
a variance, or if they require the property owner to put the parcel to a different use than
originally intended, or to build elsewhere.
"Highest Adjacent Grade" means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
"Historic Structure" means any structure that is: �
a. individually listed in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on
the National Register;
b. certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district registered historic district;
c. 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
d. individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either by an approved
state program (as determined by the Secretary of the Interior) or directly by
the Secretary of the Interior in states with approved programs.
"Landfill" means a permitted location for the disposal, placement or dumping of
garbage, trash, debris, junk or waste material.
"Levee" means the 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.
"Levee System" means a flood protection system which consists of a levee, or levees,
and associated structures such as closure and drainage devices, which are constructed
and operated in accord with sound engineering practices.
Ords 13-05 9
"Lowest Floor" means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking of
vehicles, building access or storage in an area other than a basement area is not
considered the building's lowest floor; provided, such enclosure is not built so as to
render the structure in violation of the applicable non-elevation design requirements of
this chapter.
"Manufactured Home" means a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a
permanent foundation when attached to the required utilities. The term "manufactured
home" does not include a"recreational vehicle".
"Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
"Map" means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate
Map (FIRM) for a community issued by the Flood Insurance Administration, Federal
Emergency Management Agency.
"Mean Sea Level" means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
"Minimum Necessary" related to Article VI "Variance Procedure" of this chapter
means the minimum necessary to afford relief to the applicant of a variance with a
minimum deviation from the requirements of this chapter. In the case of variances to an
elevation requirement, this means the Variance Board need not grant permission for the
applicant to build at grade, for example, or even to whatever elevation the applicant
proposes, but only that level that the Board believes will both provide relief and preserve
the integrity of the local ordinance.
"Mudslide" (i.e., mudflow) describes a condition where there is a river, flow or
inundation of liquid mud down a hillside usually as a result of a dual condition of loss of
brush cover, and the subsequent accumulation of water on the ground proceeded by a
period of usually heavy or sustained rain.
"New Construction" (for floodplain management purposes) means structures for which
the "Start of Construction" commenced on or after the effective date of a floodplain
management regulation adopted by a community and includes any subsequent
improvements to such structures.
"New Manufactured Home Park and Subdivision" means a manufactured home park
or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of floodplain management
Ords 13-05 10
regulations adopted by a community.
"Obstruction" includes, but is not limited to any dam, wall, wharf, embankment, levee,
dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert,
building, wire, fence, rock, grave, 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.
"One hundred year flood" or "100-year flood" means a flood which has a one
percent annual probability of being equaled or exceeded. It is identical to the "base
flood," which will be the term used throughout this chapter.
"Principle Structure" means a structure used for the principal use of the property as
distinguished from an accessory use.
"Public Safety and Nuisances" as related to Article VI "Variance Procedure" of this
chapter means the granting of a variance must not result in additional threats to public
safety or create nuisances. This chapter is intended to help protect the health, safety,
well-being and property of the local citizens. This is a long-range community effort made
up of a combination of approaches such as adequate drainage systems, warning and
evacuation plans, and keeping new property above the flood level. These long-term
goals can only be met if exceptions to the requirements of this chapter are kept to a
bare minimum.
"Recreational Vehicle" means a vehicle which is:
a. built on a single chassis;
b. 400 square feet or less when measured at the largest horizontal projection;
c. designed to be self-propelled or permanently towable by a light duty truck;
and
d. designed primarily not for use as a permanent dwelling, but as temporary
living quarters for recreational, camping, level or seasonal use.
"Regulatory Floodway" means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated height.
"Riverine" means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
"Sheet Flow Area" - see "Area of Shallow Flooding"
"Special Flood Hazard Area (SFHA)" means an area having special flood or flood-
related erosion hazards, and shown on a Flood Hazard Boundary Map (FHBM) or Flood
Insurance Rate Map (FIRM) as Zone A, AO, A1-A30, AE, A99 or AH.
Ords 13-05 11
"Start of Construction" (including substantial improvements and other proposed
development) means the date the building permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition, placement or other
improvement was within 180 days from the date of the permit. The actual start means
either the first placement of permanent construction of a structure on a site (such as the
pouring of slab or footings, the installation of piles, the construction of columns or any
work beyond the stage of excavation); or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation such as clearing,
grading and filling; nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, foundations or the erection of
temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the
main structure. For a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building including a gas or liquid storage tank
that is principally above ground as well as a manufactured home.
"Substantial Damage" means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its "before damage condition" would equal or
exceed 50 percent of the market value of the structure before the damage occurred.
"Substantial Improvements" means any reconstruction, rehabilitation, addition or
other proposed new development of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure before the "Start of Construction" of the
improvement. If multiple or phased improvements are involved, said total cost shall be
cumulative for a five (consecutive)-year period prior to start of construction. This term
includes structures which have incurred "substantial damage," regardless of the actual
repair work performed. The term does not, however, include either:
a. any project for improvement of a structure to correct existing violations of
state or local health, sanitary or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions; or
b. any alteration of a"historic structure" provided that the alteration will not
preclude the structure's continued designation as a"historic structure."
"Variance" means a grant of relief from the requirements of this chapter which permits
construction in a manner that would otherwise be prohibited by this chapter.
"Water Surface Elevation" means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other
topographic feature on or over which waters flow at least periodically. Watercourse
Ords 13-05 12
includes specifically designated areas in which substantial flood damage may occur.
Article III General Provisions
15.12.060 LANDS TO WHICH THIS CHAPTER APPLIES
This chapter shall apply to all areas of special flood hazards, areas of flood-related
erosion hazards and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of
the City.
15.12.070 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 Riverside County
Flood Insurance Study (FIS) dated September 30, 1988 and the Flood Insurance Rate
Map (FIRM), dated September 30, 1988, and all subsequent amendments and/or
revisions, are hereby adopted by reference and declared to be a part of this chapter.
This Flood Insurance Study (FIS) and attendant mapping is the minimum area of
applicability of its chapter and may be supplemented by studies for other areas which
allow implementation of this chapter and which are recommended to the City Council by
the Floodplain Administrator. The study and Flood Insurance Rate Maps (FIRMs) are on
file at the Department of Public Works.
15.12.080 COMPLIANCE
No structure or land shall hereafter be constructed, located, extended, converted or
altered without full compliance with the term of this chapter and other applicable
regulations. Violation of the requirements (including violations of conditions and
safeguards established in connection with conditions) shall constitute a misdemeanor.
Nothing herein shall prevent the City Council from taking such lawful action as is
necessary to prevent or remedy any violation.
15.12.090 ABROGATION AND GREATER RESTRICTIONS
This chapter is not intended to repeal, abrogate or impair any existing easements,
covenants or deed restrictions. However, where this chapter and another ordinance,
easement, covenant or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
15.12.100 INTERPRETATION
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the �City Council; and
C. Deemed neither to limit nor repeal any other powers granted under state
statutes.
Ords 13-05 13
15.12.110 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by man-
made or natural causes. This chapter does not imply that land outside the areas of
special flood hazards, areas of flood-related erosion hazards and areas of mudslide
(i.e., mudflow) hazards or uses permitted within such areas will be free from flooding or
flood damages. This chapter shall not create liability on the part of City Council, any
officer or employee thereof, or the Federal Insurance Administration, Federal
Emergency Management Agency, for any flood damages that result from reliance on
this chapter or any administrative decision lawfully made thereunder.
15.12.115 SEVERABILITY
This chapter and the various parts thereof are hereby declared to be severable. Should
any section of this chapter be declared by the courts to be unconstitutional or invalid,
such decision shall not affect the validity of the chapter as the whole, or any portion
thereof other than the section so declared to be unconstitutional or invalid.
Article IV Administration
15.12.120 ESTABLISHMENT A OF DEVELOPMENT PERMIT
A development permit shall be obtained before any construction or other development
begins within any area of special flood hazard, areas of flood-related erosion hazard or
areas of mudslide (i.e., mudflow) established in Section 15.12.070 "Basis for
Establishing the Areas of Special Flood Hazard."
Application for a development permit shall be made on forms furnished by the
Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn
to scale showing the nature, location, dimensions and elevation of the area in question;
existing or proposed structures, fill, storage of materials, drainage facilities; and the
location of the foregoing. Specifically, the following information is required:
A. Proposed elevation, in relation to mean sea level, of the lowest floor
(including basement) of all structures. In Zone A, elevation of highest adjacent
grade and proposed elevation of lowest floor of all structures;
B. Proposed elevation in relation to mean sea level to which any structure will be
flood-proofed;
C. All appropriate certifications listed in Section 15.12.140 "Duties and
Responsibilities of the Floodplain Administrator" of this chapter; and
D. Description of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
Ords 13-05 14
15.12.130 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The Director of Public Works/City Engineer is hereby appointed to administer,
implement and enforce this chapter by granting or denying development permits in
accordance with its provisions.
15.12.140 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN
ADMINISTRATOR
The duties and responsibilities of the Floodplain Administrator shall include, but not be
limited to:
A. Permit Review.
1. Review all development permits to determine that the permit requirements
of this chapter have been satisfied;
2. Confirm that all other required state and federal permits have been
obtained;
3. Review to ensure that the site is reasonably safe from flooding;
4. Review that 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 purpose of this
chapter, "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 (1) foot at any point;
5. Review of all development permits to determine that all Conditional Letters
of Map Revision (CLOMR) for flood control projects are approved prior to
allowing land preparation — earthwork activity/grading operation — and as
specified in the "Start of Construction" definition; and
6. Review of all development permits to determine that all Letters of Map
Revision (LOMR) for flood control projects are approved prior to issuance
of building permits.
B. Substantial Improvements and Substantial Damage Procedures.
1. Use FEMA publication FEMA 213 "Answer to Questions about Substantial
Damaged Buildings" and reference the procedures for identifying and
administering requirements for substantial improvement and substantial
damage to include defining "Market Value."
2. Require that procedures are coordinated with other departments /
divisions and implemented by staff.
C. Use of Other Flood Data.
When base flood elevation data has not been provided in accordance with
Section 15.12.070 "Basis for Establishing the Areas of Special Flood Hazard,"
Ords 13-05 15
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 Article V"Provisions for Flood
Hazard Reduction" of this chapter. Any such information shall be submitted to
the City Council for adoption.
D. Notification of Other Agencies.
1. Alteration or relocation of a watercourse.
a. Notify adjacent communities and the California Department of Water
� Resources prior to such alterations and relocations;
b. Submit evidence of such notification to the Federal Emergency
Management Agency (FEMA); and
c. Require that the flood carrying capacity of the altered or relocated
portion of said watercourse is maintained.
2. Base Flood Elevation (BFE) changes due to physical alteration.
a. Within six months of information being available or project completion,
whichever comes first, the Floodplain Administrator shall submit or
require that the permit applicant submits technical or scientific data to
FEMA for a Letter of Map Revision (LOMR).
b. All LOMRs for flood control projects are approved prior to issuance of
building permits. Building permits must not be issued based on
Conditional Letters of Map Revisions (CLOMR). Approved CLOMRs
allow construction of the proposed flood control projects and land
� preparation — earthwork activity/grading operation — and as specified in
the "Start of Construction" definition.
Such submissions are necessary so that upon confirmation of those
physical changes affecting flood conditions, risk premium rates and
floodplain management requirements are based on current data.
3. Changes in corporate boundaries.
Notify FEMA in writing whenever the corporate boundaries have been
modified by annexation or other means and include a copy of a map of the
community clearly delineating the new corporate limits.
E. Obtain and Maintain for Public Inspection and Make Available (as needed):
1. Certification required by Section 15.12.150 C.1 "Elevation and Flood-
Proofing" and Section 15.12.180 "Standards for Manufactured Homes"
(i.e., lowest floor elevations);
2. Certification required by Section 15.12.150 C.2 "Elevation and Flood-
Proofing" (i.e., elevation or flood-proofing of nonresidential structures);
3. Certification required by Section 15.12.150 C.3 "Elevation and Flood-
Proofing" (i.e., elevation or flood-proofing of nonresidential structures);
Ords 13-05 16
4. Certification of elevation required by Section 15.12.170 A"Standards for
Subdivisions" (i.e., subdivisions and other proposed development
standards); and
5. Certification required by Section 15.12.200 B"Floodways" (i.e., floodway
encroachments).
F. Map Determination.
Make interpretations, where needed, as to the exact location of the
boundaries of the areas of special flood hazards, 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 Article VI "Variance
Procedure" of this chapter.
G. Take action to remedy violations of this chapter, as specified in Section
15.12.080 "Compliance" herein.
Article V Provisions for Flood Hazard Reduction
15.12.150 STANDARDS OF CONSTRUCTION
In all areas of special flood hazards, all new construction and substantial improvements
shall comply with the California Building Code (CBC) and the following standards:
A. Anchoring.
1. All new construction and substantial improvements shall be adequately
anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads including the effects of
buoyancy.
2. All manufactured homes shall meet the anchoring standards of Section
15.12.180 "Standards for Manufactured Homes."
B. Construction Materials and Methods.
1. All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
3. All new construction and substantial improvements shall be constructed
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.
4. Require adequate drainage paths around structures on slopes to guide
flood waters around and away from proposed structures.
Ords 13-05 17
C. Elevation and Flood-Proofing.
1. All new residential and nonresidential construction and substantial
improvements shall have the pad elevation elevated to a minimum of one
(1) foot above the FIRM base flood elevation. Prior to issuance of building
permit, the pad elevation shall be certified by a registered professional
engineer or surveyor. Upon completion of the structure, the elevation of
the lowest floor, including basement, shall be certified by a registered
professional engineer or surveyor. The certification shall be prepared on
FEMA's Elevation Certification Form and submitted to the Floodplain
Administrator.
2. All new residential and nonresidential construction and substantial
improvements in Zone AO shall have the pad elevation elevated to a
minimum of one (1) foot above the highest adjacent grade elevation of the
FIRM base flood elevation, or at least two (2) feet if there is no FIRM base
elevation of the adjacent grade. Prior to issuance of building permit, the
pad elevation shall be certified by a registered professional engineer or
surveyor. Upon completion of the structure, the elevation of the lowest
floor, including basement, shall be certified by a registered professional
engineer or surveyor. The certification shall be prepared on FEMA's
Elevation Certification Form and submitted to the Floodplain Administrator.
3. Nonresidential construction shall either be elevated to conform with
Section 15.12.150 C.1 or C.2 "Elevation and Flood-Proofing" or together
with attendant utility and sanitary facilities:
a. Be flood-proofed 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 have been satisfied. Such certifications
shall be prepared on FEMA's standard form and submitted to the
Floodplain Administrator.
4. Require (for all new construction and substantial improvements with fully
enclosed areas below the lowest floor) that areas, usable solely for
parking of vehicles, building access or storage, and in an area other than
a basement, 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 either be certified by a registered professional engineer
or architect or meet or exceed the following minimum criteria.
a. Either have a minimum of two (2) openings with a total net area of not
less than one square inch for every square foot of enclosed area
subject to flooding, have the bottom of all openings no higher than one
(1) foot above grade (openings may be equipped with screens,
louvers, valves or other coverings or devices provide that they permit
Ords 13-05 18
the automatic entry and exit of floodwater); or
b. Be certified by a registered professional engineer or architect in
compliance to applicable flood-proofing standards approved by FEMA.
� 5. Manufactured homes shall so meet the standards in Section 15.12.180
"Standards for Manufactured Homes."
6. Garages and low-cost accessory structures.
a. Attached garages.
1. A garage attached to a residentia� structure, constructed with the
garage floor slab below the base ffood elevation (BFE) must be
designed to allow for the automatic entry of flood waters. See
Section 15.12.150 C.3 "Elevation and Flood-Proofing." Areas of the
garage below the BFE must be constructed with flood resistant
materials. See Section 15.12.150 B"Construction Materials and
Methods."
2. A garage attached to a nonresidential structure must meet the
above requirements or be dry-proofed. For guidance on below
grade parking areas, see FEMA Technical Bulletin TB-6.
b. Detached garages and accessory structures.
1. "Accessory structure" used solely for parking (2-car detached
garages or smaller) or limited storage (small, low-cost sheds), as
define in Article II "Definitions," may be constructed such that its
floor is below the BFE, provided the structure is designed and
constructed in accordance with the following requirements:
(a) Use of the accessory structure must be limited to parking or
limited storage;
(b) The portion of the accessory structure below the BFE must be
built using flood-resistant materials;
(c) The accessory structure must be adequately anchored to
prevent flotation, collapse and lateral movement;
(d) Any mechanical and utility equipment in an accessory
structure must be elevated or flood-proofed to or above the
BFE;
(e) The accessory structure must comply with floodplain
encroachment provisions in Section 15.12.200 "Floodways;"
and
(f) The accessory structure must be designed to allow for the
automatic entry of flood waters in accordance with Section
15.12.150 C.3 "Elevation and Flood-Proofing."
2. Detached garages and accessory structures not meeting the above
standards must be constructed in accordance with the applicable
standards in this section.
Ords 13-05 19
15.12.160 STANDARDS FOR UTILITIES
A. All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood waters into the system and
discharge from systems into flood waters.
B. On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
C. Other utilities are addressed in Sections 15.12.150 B"Construction Materials and
Methods" and 15.12.170 D"Standards for Subdivisions."
15.12.170 STANDARDS FOR SUBDIVISIONS
A. All preliminary subdivision proposals shall identify the flood hazards area and the
elevation of the base flood.
B. All subdivision plans shall provide the elevation of proposed pad(s) and
structure(s). The pad elevation(s) shall be elevated to a minimum of one (1) foot
above the FIRM base flood elevation and shall be certified by a registered
professional engineer or surveyor and submitted to the Floodplain Administrator.
Upon completion of the structure, the elevation of the lowest floor, including
basement, shall be certified by a registered professional engineer or surveyor.
The certification shall be prepared on FEMA's Elevation Certification Form and
submitted to the Floodplain Administrator.
C. All subdivision proposals shall be consistent with the need to minimize flood
damage.
D. All subdivision proposals 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 provisions and improvements to
reduce exposure to flood hazards.
15.12.180 STANDARDS FOR MANUFACTURED HOMES
A. All manufactured homes that are placed or substantially improved within a
special flood hazard area on the community's FIRM 1) outside of a manufactured
home park or subdivision, 2) in a new manufactured home park or subdivision, 3)
in an expansion to an existing manufactured home park or subdivision and/or 4)
in an existing manufactured home park or subdivision on which a manufactured
home has incurred "substantial damage" as the result of a flood must:
1. Be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated to a minimum of one (1) foot above the FIRM
base flood elevation and be securely anchored to an adequately anchored
foundation system to resist floatation collapse and lateral movement.
Ords 13-05 20
B. All manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision on the community's FIRM that
are not subject to the provisions of Section 15.12.180 A"Standards for
Manufactured Homes" above will be elevated so that either:
1. The lowest floor of the manufactured home is elevated to a minimum of one
(1) foot above the FIRM base flood elevation; or
2. The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36
inches in height above grade and be securely anchored to an adequately
anchored foundation system to resist floatation, collapse and lateral
movement.
C. All manufactured homes to be placed or substantially improved on sites within
Zones V1-30, V and VE on the community's FIRM shall meet the applicable
standards of items A and B above.
15.12.190 STANDARDS FOR RECREATIONAL VEHICLES
All recreational vehicles placed on sites within a floodplain shown on the community's
FIRM shall either:
A. Be on the site for fewer than 180 consecutive days;
B. Be fully licensed and ready for highway use; or
C. Meet the permit requirements of Article IV "Administration" of this chapter and
the elevation and anchoring requirements for manufactured homes in Section
15.12.180 "Standards for Manufactured Homes."
15.12.200 FLOODWAYS
Located within areas of special flood hazard established in Section 15.12.070 "Basis for
Establishing the Areas of Special Flood Hazard" are areas designated as floodways.
Since the floodway is 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 flood level during the
occurrence of the base flood discharge.
B. If subsection A of this section (above) is satisfied, all new construction,
substantial improvement and other proposed new development shall comply
with all other applicable flood hazard reduction provisions of Article V
"Provisions for Flood Hazard Reduction" of this chapter.
Ords 13-05 21
15.12.210 RESERVED
15.12.220 MUDSLIDE (i.e., MUDFLOW) — PRONE AREAS
A. The Floodplain Administrator shall review permits for proposed construction of
other developments to determine if they are proposed within a mudslide area.
B. Permits shall be reviewed to determine that the proposed development is
reasonably safe from mudslide hazards. Factors to be considered in making this
determination include, but are not limited to:
1. The type of quality of soils;
2. Evidence of ground water or surFace water problems;
3. The depth and quality of any fill;
4. The overall slope of the site; and
5. The weight that any proposed development will impose on the slope.
C. Within areas which have mudslide hazards, the following requirements apply:
1. A site investigation and further review shall be made by persons qualified in
geology and soils engineering;
2. The proposed grading, excavation, new construction and substantial
improvement shall be adequately designed and protected against mudslide
damages;
3. The proposed grading, excavations, new construction and substantial
improvement shall not aggravate the existing hazard by creating either onsite
or offsite disturbances; and
4. Drainage, planting, watering and maintenance shall not endanger slope
stability.
D. Within Zone M on the FIRM, the community shall adopt a drainage ordinance
which at least complies with the standards of the California Building Code:
1. The location of foundation and utility systems of new construction, substantial
improvement and other proposed new development;
2. The location, drainage and maintenance of all excavations, cuts and fills and
planted slopes;
3. Protective measures including, but not limited to, retaining walls, buttress fills,
sub-drains, diverter terraces, benching, etc.; and
4. Engineering drawings and specifications to be submitted or all corrective
measures, accompanied by supporting soils engineering and geology reports.
15.12.230 FLOOD-RELATED EROSION-PRONE AREAS
A. The Floodplain Administrator shall require permits for proposed construction and
other development within all flood-related erosion-prone areas as known to the
community.
Ords 13-05 22
B. Such permits shall be reviewed to determine whether the proposed site
alterations and improvements will be reasonably safe from flood-related erosion
and will not cause flood-related erosion hazards or otherwise aggravate the
existing hazard.
C. If a proposed improvement is found to be in the path of flood-related erosion or
would increase the erosion hazard, such improvement shall be relocated or
adequate protective measures shall be taken to avoid aggravating the existing
erosion hazard.
D. Within Zone E on the FIRM, a setback is required for all new development from
the ocean, lake, bay, riverfront or other body of water to create a safety buffer
consisting of a natural vegetative or contour strip. This buffer shall be designated
according to the flood-related erosion hazard and erosion rate, in relation to the
anticipated "useful life" of structure, and depending upon the geologic,
hydrologic, topographic and climatic characteristics of the land. The buffer may
be used for suitable open space purposes such as for agricultural, forestry,
outdoor recreation and wildlife habitat areas, and for other activities using
temporary and portable structures only.
Article VI Variance Procedure
15.12.240 NATURE OF VARIANCES
A. The variance criteria set forth in this section are based on the general principle of
zoning law that variances pertain to a piece of property and are not personal in
nature. Though these standards vary from jurisdiction to jurisdiction, in general, a
properly issued variance is granted for a parcel of property with physical
characteristics so unusual that complying with the requirements of this chapter
would create an exceptional hardship to the applicant or the surrounding property
owners. The characteristics must be unique to the property and not be shared by
adjacent parcels. The unique characteristics must pertain to the land itself, not to
the structure, its inhabitants or the property owners.
B. It is the duty of the City Council to help protects its citizens from flooding. This
need is so compelling; and the implications of the cost of insuring a structure built
below flood level are so serious that variances from the flood elevation or from
other requirements in the flood ordinance are quite rare. Therefore, the variance
guidelines provided in this chapter are more detailed and contain multiple
provisions that must be met before a variance can be properly granted. The
criteria are designed to screen out those situations in which alternatives other
than a variance are more appropriate.
15.12.250 APPEAL BOARD
A. The City Council of the City shall hear and decide appeals and requests for
variances from the requirements of this chapter.
Ords 13-05 23
B. The City Council shall hear and decide appeals when it is alleged there is an
error in any requirement, decision or determination made by the Floodplain
Administrator in the enforcement or administration of this chapter.
C. In passing upon such applications, the City Council shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this
chapter and:
1. The danger that materials may be swept onto other lands to the injury of
others;
2. The danger of 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 existing individual owner and future
owners of the property;
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 compatibility of the proposed use with existing and anticipated
development;
8. The relationship of the proposed use to the comprehensive plan and
floodplain management program for the area;
9. The safety of access to the property in time 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 systems, streets and bridges.
D. Any applicant to whom a variance is granted shall be given written notice over
the signature of a community official that 1) the issuance of a variance to
construct a structure below the base flood level will result in increased premium
rates for flood insurance up to amounts as high as $25 for $100 of insurance
coverage and 2) such construction below the base flood level increases risks to
life and property. A copy of the notice shall be recorded in a manner so that it
appears in the chain of title of the affected parcel of land.
The Floodplain Administrator shall maintain a record of all variance actions
including justification(s) for their issuance.
Ords 13-05 24
15.12.260 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 Article IV "Administration" and Article V"Provisions for Flood Hazard
Reduction" of this chapter have been fully considered. As the lot size increases
beyond one-half acre, the technical justification required for issuing the variance
increases.
B. Variances may be issued for the repair or rehabilitation of "Historic Structures"
(as defined in Article II "Definitions" of this chapter) upon determination that the
proposed repair or rehabilitation will not preclude the structure's continued
designation as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
C. Variances shall not be issued within any designated 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" (as defined in Article II "Definitions" of this chapter),
considering the flood hazard to afford relief.
E. Variances shall only be issued upon:
1. a showing of good and sufficient cause;
2. a determination that failure to grant the variance would result in exceptional
"hardship" (as defined in Article II "Definitions" of this chapter) to the
applicant; and
3. a determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public expense,
create "nuisances" (as defined in Article II "Definitions" of this chapter), cause
"fraud or victimization" (as defined in Article II "Definitions" of this chapter) of
the public, or conflict with existing local laws or ordinances.
F. Variances may be issued for new construction, substantial improvement and
other proposed new development necessary for the conduct of a functionally
dependent use provided that the provisions of Section 15.12.260 E"Conditions
for Variances" are satisfied and that the structure or other development is
protected by methods that minimize flood damages during the base flood and
create no additional threats to public safety.
G. Upon consideration of the factors of Section 15.12.250 C"Appeal Board" and the
purposes of this chapter, the City Council may attach such conditions to the
granting of variances as it deems necessary to further the purpose of this
chapter."
Ords 13-05 25
Section 5. The City Council has determined that it can be seen with certainty
that there is no possibility that the adoption and implementation of this Ordinance may
have a significant effect on the environment, as the regulations herein protect against
detrimental impacts on the environment by minimizing the impacts of flood damage and
instituting effective floodplain management. This Ordinance is therefore exempt from .
the environmental review requirements of the California Environmental Quality Act
(CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
Section 6. If any section or provision of this Ordinance is for any reason held
to be invalid or unconstitutional by any court or competent jurisdiction, or contravened
by reason of any preemptive legislation, the remaining sections and/or provisions of this
Ordinance shall remain valid. The City Council hereby declares that it would have
adopted this Ordinance and each section or provision thereof, regardless of the fact that
any one or more section(s) or provision(s) may be declared invalid or unconstitutional or
contravened via legislation.
Section 7. The City Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be posted as required by law.
Section 8. This Ordinance shall be in full force and effect thirty (30) days after
its passage; and within fifteen (15) days after its passage, together with the names of
the City Council Members voting thereon, it shall be published in a newspaper
published and circulated in said City.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 23� day of April, 2013.
I!t-J � '}��1 �C'
Michael S. aggar, Mayor
ATTEST:
C.QJ •
Susan . Jo es, MMC
City CI k
[SEAL]
Ords 13-05 26
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 13-05 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 9 day of April, 2013, and
that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 23` day of April, 2013, by the following vote:
AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Roberts, Naggar
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Washington
ABSTAIN: 0 COUNCIL MEMBERS: None
/
r � /'J � i` (.C./
d �
��, '` j" Susan W. Jones, MMC
- � - ''� City Clerk
�
Ords 13-05 27