HomeMy WebLinkAboutOrd 1978-1842 ' .. . . . Revised'.11-1=78
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' ORDIPIANCE NO. 1842
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
TITLE 18, OF THE CHULA VISTA MUNICIPAL CODE BY
ADDING THERETO A NEW CHAPTER 18.54 ENTITLED "FLOOD
PLAIN REGULATIONS" , ALL .RELATING TO REQUIREMENTS FOR
REGULATIONS CONTROLLING THE DEVELOPP4ENT OF PROPERTY
WITHIN IDENTIFIED FIAOD PLAINS, AND CERTIFYING THE
NEGATIVE DECL7�2ATION
The City Council of the City of Chula Vista finds as .follows :
That in accordance with the attached Negative Declaration,
IS-79-12 and the findings therein, the proposed amendments to the
Chula Vista Municipal Code relating to flood plain regulations will
not have a significant impact upon the environment, and the City
Council hereby certifies that the Negative Declaration was prepared
in accordance with the Califor`nia Environmental Quality Act of 1970
as amended.
The City Council of the City of Chula Vista does ordain
as follows :
SECTION I: That Title 18 of the Chula Vista Municipal
Code be, and the same is hereby amended by adding thereto a new
Chapter 18. 54 to read as follows:
CHAPTER 18 .54 FLOOD PLAIN REGULATIONS
Sec. 18 .54. 010 Purpose and Intent.
In order to allow the City of Chula Vista to partici-
pate in the Federal Flood Insurance Program (National
Flood Disaster Protection Act of 1973) , it is required
that the City adopt regulations controlling the develop-
ment of property within identified flood plains pursuant
to the direction of said Act. The City Council, there-
fore, assigns to the Director of Building and Housing
and to the City Engineer certain added responsibilities
and they are hereby authorized and directed to enforce
all the provisions of this Flood Plain Regulation
Ordinance and all other ordinances of the City of
Chula Vista now in force or hereafter adopted, re-
lating to zoning, subdivision or building codes .
Sec. 18. 54 .020 Official Maps:
The City Council of the City of Chula Vista hereby.
designates Flood Hazard Boundary Maps No. HO1 through
H11 dated April 8 , 1977 and amendments on file in the
office of the Director o£ Public works, as the official
maps to be used in determining those areas of special
flood hazard.
Sec. 18 .54. 030 Definitions.
Unless specifically defined below, words or phrases
used in this ordinance shall be interpreted so as to
give them the same meaning as they have in common usage
so as to give this 'ordinance its most reasonable appli-
cation.
"Areas of Flood Hazard" means areas within the com-
munity subject to a one percent or greater chance of
flooding in any given year. These areas are identified
as Zone A on the official maps.
"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.
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"Flood" means a temporary rise in a stream' s flow
or stage � that results in water overflowing its banks
and inundating' areas adjacent to the channel, or an
unusual and rapid accumulation of runof£ or surface
waters from any source. �
"Floodproofing" 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 sani-
tary facilities , structures and their contents .
"Habitable Floor" means a floor used for living
which includes working, sleeping, eating, cooking or
recreation or any combination thereof . A floor used
only for storage purposes is not a "habitable floor" .
"Mobile Home" means a structure, transportable in
one or more sections, which is built on a permanent
chassis and designed to be used with or without a
permanent foundation when connected to the required
utilities . It does not include recreational vehicles
or travel trailers.
"Mobile Home Park (Subdivision) " means a parcel
(or contiguous parcels) of land which has been divided
into two or more lots for rent or sale and the place-
ment of mobile homes.
"Regulatory F.lood Elevation" means the water surface
elevation of the 100-year flood.
"Structure" means a walled and roofed structure,
including a gas or liquid storage tank that is prin-
cipally above the ground, including but without
limitation to buildings, factories, sheds, cabins ,
mobile homes and other similar uses.
"Substantial Improvement" means any repair, recon-
struction 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 is
started; or (b) if the structure has been damaged and
is being restored, before the damage occurred. For the
purposes oP this definition "substantial improvement"
is considered to occur when the first alteration of
any wall, ceiling, floor or other structural part of
the building commences whether or not that alteration
affects the external dimensions of the structure. The
term does not, however , include any alteration to comply
with existing State or local health, sanitary, building
or safety codes or regulations, or structures listed in
National or State Registers of historic places .
"100-Year Flood" means the condition of flooding
having a one percent chance of annual occurrence.
Sec. 18 . 54 . 040 Flood Plain Development -
Permits Required.
A. No person, firm or corporation shall erect, con-
struct, enlarge or improve any building or structure
within Areas of Flood Hazard in the City or cause the
same, including the placement of mobile homes , to be
done without Eirst obtaining a building permit for each
such action.
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B. Applications: To obtain such a building permit,
the applicant shall first file' an application therefor
in writing with the Director of Building and Housing
on a form furnished for that purpose. Every such
application shall:
1. Identify and describe 'the work to be covered
by the permit for which application is made.
2. Describe the land�on which the proposed work
is to be .done by lot, block, tract and house
and street address , or similar description
that will readily identify and definitely
locate the proposed buildinq or work.
3. Indicate the use or occupancy for which the
proposed work is intended.
4. Be accompanied by necessary plans and specifica-
tions for the proposed construction.
5. Be signed by the permittee or his authorized
agent who may be required to submit evidence
to indicate such authority.
6 . Be accompanied by elevations (in relation to mean
sea level) of the lowest habitable floor (inclu-
ding basement) or in the case of floodproofed
(as defined in this chapter) nonresidential
structures , the elevation to which it has been
floodproofed. Documentation or certification of
such elevations will be maintained by the Director
of Building and-Housing.
7. Be accompanied by a certification, submitted by
a licensed Civi1 Engineer, Structural Engineer,
or Architect, that the plans and specifications for
the proposed building or structure comply with '
the floodproofing requirements of the National
Flood Insurance Program as revised. Said licensed'•
Civil Engineer , Structural Engineer or Architect,
subsequent to construction of the proposed build-
ing or structure but prior to final approval for
use or occupancy thereof, shall certify that such
building or structure has been �so floodproofed.
He shall also specify the elevation to which such
£loodproofing is effective. This provision is not
applicable to mobilehomes .
8. Give such other information as reasonably may
be required by the Director of Building and
Housing.
Sec. 18. 54 . 050 Flood Plain Development -
Review by City Engineer. �
The City Engineer shall review all development
permit applications to determine if the site of the
proposed development is reasonably safe £rom flooding
and that all necessary permits have been received as
required by Federal or State law. Copies of such per-
mits shall be a required part of permit applications.
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Sec. 18. 54 . 060 Flood Plain Development -
Review by Director of Building
and Housing.
The Director of Building and Housing, in reviewing
all applications for new construction, substantial
improvements , prefabricated buildings , placement of
mobile homes and other developments (as defined in
this chapter) will :
A. . Obtain, review and .reasonably utilize, if available,
any regulatory flood elevation data from Federal, State
or other sources until such other data is provided by
the Federal Insurance Administration in a Flood Insurance
Study; and require within areas designated as Zone A on
the official map that the following performance standards
be met: .
1. The first floor elevation (to include basement)
of new residential structures be elevated to a
minimum of one foot above the regulatory flood
elevation.
2 . a. The first floor' elevation (to include base-
ment) of nonresidential structures be elevated
or floodproofed to a minimum of one foot above
the regulatory flood elevation.
b. Require the use of construction materials and
utility equipment that are resistent to flood water
. damage. .,
c. Require the use of construction methods and
practices that will minimize flood damage.
d. Be designed or anchored to prevent the flota-
tion, collapse or lateral movement of the structure
or portions of the structure due to flooding.
e. Assure that in regard to mobile homes , specific
anchoring requirements include:
1. Over-the-top ties be provided at each of
the four corners of the mobile home with two
additional ties per side at the intermediate
locations. Mobile homes less than 50 feet
long require only one additional tie per side.
- 2 . Frame ties be provided at each corner of
the home .with five additional ties per side at
intermediate points. Mobile homes less than
50 feet long require only four additional ties
per side.,
3 . Each .required tie of the anchoring system
shall be capable of carrying a force of 4800
pounds.
4 . Any additions to mobile homes shall be
similarly anchored.
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Sec. 18. 54 . 070 Flood Plain Development -
City Engineer Action.
The City Engineer shall review all subdivision and
land development permit applications and shall make
findings of fact and assure that:
A. All such proposed developments are consistent
with the need to minimize flood damage.
B. Proposals ' for subdivisions and other new develop-
ment incorporating more than five acres or fifty lots,
whichever is lesser, show on Tentative Parcel Maps,
Tentative Subdivision Maps or Site Plans, regulatory
flood elevation data £or any included area designated
Zone A.
C. Adequate drainage is provided so as to reduce ex-
posure to flood hazards.
D. All public utilities and facilities are located so as
to minimize or eliminate flood damage.
E. The natural landscape of all designated floodways
and major watercourses is substantially preserved.
Sec. 18 . 54. 080 New Water and Sewage Systems.
New water and sewer� systems shall be constructed to
eliminate or minimize infiltration by, or discharge
into, floodwaters. Moreover, on-site waste disposal
systems will be designed to avoid impairment or con-
tamination during flooding.
Sec. 18 .54.090 Alteration or Relocation of
Watercourses.
The City Engineer shall review all plans for alter-
ation or relocation of any water course within the
City to assure that the flood carrying capacity of
such water course is maintained. The City will notify,
in riverine situations, affected communities and the
State Coordinating Office prior to any alteration or
relocation of a water course , and submit copies of
such notifications to the Administrator of the Federal
Insurance Administration. Moreover, City officers will
work with appropriate State and Federal agencies in com-
plying with the National Flood Insurance Program in accor-
dance with the National Flood Disaster Protection Act of
1973 .
Sec. 18.54. 100 Exceptions Granted by Board of Appeals
The Board o£ Appeals and Advisors of the City of Chula
Vista as established under Section 15 . 08.030 of the
Municipal Code is hereby authorized to grant exceptions
to the provisions and requirements of this ordinance.
The Board must make the following findings in each and
every case , as a prerequisite to its granting of an
exception.
A. The application of certain provisions or require-
ments of the ordinance would cause practical difficulties,
unnecessary hardships, and results which are' inconsistent
with the general purpose and intent of the ordinance.
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B. There are exceptional circumstances or conditions
applicable to the property or the proposed development
which do no apply generally to other properties or
developments governed by the oidinance.
C. The granting of the exception will not be materially
detrimental to the public welfare or injurious to pro-
perty or improvements, and will .not result in increased
flood heights , additional threats to public safety, or
extraordinary public expense .
D. The granting of the exception will not create nuisances,
or cause fraud on, or the victimization of the public.
E. The granting of the exception will not result in the
increase in flood levels during the base flood discharge.
F. The exception, under the circumstances, is the minimum
ordinance deviation necessary to provide the applicant
sufficient relief.
G. TPie applicant has been notified that the use of the
exception could result in a substantial increase in flood
insurance rates , and increased risk to life and property.
The City will retain an offgcial record of all exceptions ,
and will report thereon in its annual report to the Federal
Insurance Administrator.
Sec. ' 18 . 54 . 110 Ordinance Supersedes Any
Conflicting Statutes .
This ordinance shall take precedence over conflicting
ordinances or parts of ordinances . The City Council of
the City of Chula Vista may, from time to time, amend
this ordinance to reflect any and all changes in the
National Flood Insurance Program Regulations ,
SECTION II : This ordinance shall take effect and be in
full force on the . thirty-first day from and after its adoption.
Presented by Approved as to form by
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W. J. Robens, Director of George D. Lindberg, City Attorney
Public Works .
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FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA, HELD November 7 , 1978 , AND
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD November 14 �
197e , BY THE FOLLOWING VOTE, TO-WIT :
AYES� Councilmen ; scott, cox, Hyde , ciilow
NAYES� Councilmen ; None
ABSTAIN: Coimcilmen ; None
ABSENT: Councilmen ; Egdahl
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Mayor of ihe City of Chula Vista
ATTE �
Cify Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CfTY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of ihe City ot Chula Vista, California,
DO HEREBY CERTIFY that ihe above and foregoing is a full, irue and correct copy of
ORDINANCE N0� ,and that ihe same has nof been emendedor repealed.
DATED
(seal) City Clerk
CC-660 J��-�L