HomeMy WebLinkAboutOrd 1211ORDINANCE NO, 1211
FLOOD DAP�IAGE PREVENTIOIQ ORDINANCE
The CITY COUNCIL of the City of Burlingame does hereby
ORDAIN as follows:
Section 1. Chapter 18.22, establishing flood damage
prevention standards and procedures, is hereby added to the
Burlingame Municipal Code to read as follows:
"CHAPTER 18.22
FLOOD DAMAGE PREVENTION
18.22.010 Findings of Fact
1. The flood hazard areas of the City of Burlingame
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 impair-
ment of the tax base, all of which adversely affect the
public health, safety and general welfare
2. 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
floodproofed,
elevated
or otherwise
protected from flood damage also contribute to the flood
loss.
18.22.020 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:
b/30/81 1
1. To protect human life and health;
2. To minimize expenditure of public money for
costly flood control projects;
3. To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the
expense of the general public;
4. To minimize prolonged business interruptions;
5. 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;
6. 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
flood
blight areas;
7. To insure that potential buyers are notified that
property is in an area of special flood hazard; and
8. Th insure that those who occupy the areas of
special flood hazard assume responsibility for their
actions.
18.22.030 Methods of Reducing Flood Losses
In order to accomplish its purpose, this chapter
includes methods and provisions for:
1. 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 in flood heights or velocities;
2. Requiring that uses vulnerable to floods, includ-
ing facilities which serve such uses, be protected against
flood damage at the time of initial construction.
3. Controlling the alteration of natural flood plains,
stream channels, and natural protective barriers, which
�a
help accommodate or channel flood waters;
4. Controlling filling, grading, dredging and other
development which may increase flood damage; and
5. Preventing or regulating the construction of
flood barriers which will unnaturally divert flood waters
or which may increase flood hazards in other areas.
18.22.100 Definitions
Unless specifically defined below, words or phrases
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.
'Appeal'
means a request
for review of the
City
Engineer
s interpretation
of any provision
of this
chapter
or a request for
a variance.
This
'Area
of special
flood hazard' means the land in the
flood
plain within
a community subject
to a one per-
cent
or greater
chance of flooding
in any given year.
This
area is designated
as Zone A,
AH, AI -30, and
V1-30
on the FIR14.
'Breakaway walls' means any type of walls, whether
so i or lattice, and whether constructed of concrete,
masonry, wood, metal, plastic or any other suitable
building material,which are not part of the structural
support of the building and which are so designed as
to breakaway, under abnormally high tides or wave
action, without damage to the structural integrity
of the building on which they are used or any build-
ings to which they might be carried by flood waters.
'Coastal high
hazard area' means the area subject to
high ve ocity waters, including but not limited to
coastal and tidal inundation or tsunamis. The area
is designated on a FIRM as Zone VI -30.
'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 located within the area of special flood
hazard.
'City Engineer' means the Director of Public Works
of the City of Burlingame.
'Flood' or 'flooding' mean
s a general and temporary
condition of partial or complete inundation of nor-
mally dry land areas from:
1. The inflow of inland or tidal waters and/or
2. The unusual and rapid accumulation of runoff
of surface waters from any source.
3
Flood Insurance Rate Map (FIRM)` means the official
map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards
and the risk premium zones applicable to the community.
Flood Insurance Stud means the official report
provided y the Federal Insurance Administration that
includes flood profiles, the FIRM, the Flood Boundary
Foodway Map, and the water surface elevation of the
base flood.
'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 one (1) foot.
Habitable floor' means any floor usable for living
purposes, which includes working, sleeping, eating,
cooking or recreation, or a combination thereof.
A floor used only for storage purposes is not a
habitable floor.'
'Manufactured home' means a structure that is trans-
portable in one or more sections, 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.
'New construction' means structures for which the
start o constructioncommences on or after the
effective date of this chapter.
'Start of construction' means the first placement of
permanent construction of a structure (other than a
manufactured home) on a site, such as the pouring of
slabs or footings or any work beyond the stage of
excavation. Permanent construction does not include
land preparation, such as clearing, grading, and fil-
ling, nor does it include the installation of streets
and/or walkways; nor does it include excavation for
a basement, footings, piers or 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 as part of the main structure. For a
structure (other than a manufactured home) without
a basement or poured footings, the 'start of construc-
tion' includes the first permanent framing or assembly
of the structure or any part thereof on its piling or
foundation. For manufactured homes 'start of construc-
tion means' the affixing of the manufactured home to
its permanent site.
'Structure' means a walled and roofed building or
manu� a� ctured home that is principally above ground
'Substantial improvement' means any repair, reconstruc-
tion, or improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of
the structure either:
before the improvement or repair is started, or
4
2. if the structure has been damaged and is being
restored, before the damage occurred. For
the purposes of 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 either:
(a) any project or 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
conditions, 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 require-
ments o —this chapter which permits construction in a
manner that would otherwise be prohibited by this
chapter.
18.22.310 Lands to which this Chapter Applies
This chapter shall apply to all areas of special flood
hazards within the jurisdiction of the City of Burlingame.
18.22.320 Basis for Establishing the Areas of Special
Flood Hazard
The areas of special flood hazard identified by the
Federal Insurance Administration in a scientific and
engineering
report entitled
'The Flood
Insurance Study for
the City of
Burlingame," dated
November
5, 1980, with an
accompanying
Flood Insurance
Rate Map is
hereby adopted by
reference and
declared to be
a part of
this chapter. The
Flood Insurance
Study is on
file at the
City Engineer's
office, City
Hall, 501 Primrose
Road, Burlingame,
California.
18.22.330 Compliance
No structure or land shall hereafter be constructed,
located, extended, converted, or altered without full
compliance with the terms of this chapter and other app
able regulations.
5
18.22.340 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 other
ordinance, easement, covenant or deed restrictions con-
flict or overlap., whichever imposes the more stringent
restrictions shall prevail.
18.22.350 Interpretation
In the interpretation and application of this ordinance
all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing
body; and
3. Deemed
neither
to limit nor
repeal any other
powers
granted
under state
statutes,
18.22.360 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 or uses permitted within
such areas will be free from flooding or flood damages.
This chapter shall not create liability on the part of
the City of Burlingame, any officer or employee thereof,
or the Federal Insurance Administration for any flood
damages that result from reliance on this chapter or any
administrative decision lawfully made thereunder.
18.22.410 Establishment of Development Permit
For the purposes of this ordinance 'Development
Permit" shall mean a Development Permit shall be obtained
Aopment begins within any
cd established in Section
lu.L�.3�u. Hpp11cacioL. �r a Development Permit shall
be made on forms furnished by the Building Official 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 pro-
posed structures, fill, storage of materials, drainage
facilities, and the location of the foregoing. Specificall
the following information is required:
1. Proposed elevation in relation to mean sea level
of the lowest habitable floor (including basement)
of all structures;
2. Proposed elevation in relation to mean sea level
to which any structure will be floodproofed;
3. Certification by a registered professional engineer
or architect that the floodproofing methods for
any nonresidential structure meet the floodproofing
criteria in Section 18.22.513; and
4. Description of the extent to which any watercourse
will be altered or relocated as a result of pro-
posed development.
18.22.420 Designation of City Engineer
The City Engineer is hereby appointed to administer
and implement this chapter by granting or denying Develop -
went Permit applications in accordance with. its provisions.
1$.22.430 Duties and Responsibilities of City Engineer
Duties of the City Engineer shall include, but not be
limited to those set forth in Sections 18.22.431 through
18.22.435.
18.22.431 Permit Review
1. Review all Development Permits to determine that
the permit requirements of this chapter have been satisfied.
2I Review all permits to determine that the site is
reasonably safe from flooding.
3. Review all Development Permits to determine if
the proposed development adversely affects the flood
carrying capacity of the area of special flood hazard.
For purposes of this chapter, 'adversely affects' means
that the cumulative effect of the proposed development
when combined with all other existing and anticipated
development will not increase the water surface elevation
of the base flood more than one foot at any point.
18.22.432 Use of Other Base Flood Data
When base flood elevation data has not been provided
in accordance with Section 18.22.320, 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 this chapter.
18.22.433 Information to be Obtained and. Maintained
Obtain and maintain for public inspection and make
available as needed for Flood Insurance Policies:
1.
The
certified elevation
required in Section
relocation
18.22.513(1);
a watercourse,
and submit
2.
The
floodproofing certification required in
Section
18.22.513(2);
3.
The
certified elevation
required in Section
18.22.540(2);
and
4.
The
in
coastal high hazard
Section 18.20.572(3),
certification required
18.22.434 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 Insurance Administration.
2I Require that the flood carrying capacity of the
altered or relocated portion of said watercourse is main-
tainedI
18.22.435 Interpretation of FIRM Boundaries
Make 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
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 inter-
pretation as provided in Sections18.22.610, et seq.
18.22..510 Standards
The following standards are required in all areas
of special flood hazards.
18.22.511 Anchoring
1. All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral
movement of the structure.
2. A11 mobile homes shall meet the anchoring standards
of Section 18.22.550(1):
18.22.512
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.
18.22.513 Elevation and Eloodproofing
1. New construction and substantial improvement of
E
any structure shall have the lowest habitable floor,
including basement, elevated to or above the base flood
elevation. Nonresidential structures may meet the
standards in Subsection 2 hereof. Upon completion of
the structure the elevation of the lowest habitable floor
including basement shall be certified by a registered
professional engineer or surveyor and provided to the
City Engineer,
2. Nonresidential construction shall either be
elevated in conformance with Subsection 1 hereof, or
together with attendant utility and sanitary facilities:
(a) Be floodproofed so that below the base flood level
the structure is watertight with walls substan-
tially impermeable to the passage of water;
(b) Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects
of buoyancy; and
(c) Be certified by a registered professional engineer
or architect that the standards of this subsection
are satisfied. Such certifications shall be pro-
vided to the City Engineer.
3. Manufactured homes shall meet the above standards
and also the standards in Section 18.22.550.
4. Structures in Coastal High Hazard Areas shall
meet the requirements of Sections 18.22.570, et 'seg.
18.22.520 Standards for Storage of Materials and Equipment
1. The 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.
2. 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 removable
from the area within the time available after flood warning.
18.22.530 Standards for Utilities
1. 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
charge from systems into flood caaters;
2, On-site waste disposal systems shall be located
to avoid impairment to there or contamination from them
during flooding.
18.22.540 Standards for Subdivisions
1. A 1 1
preliminary subdivision proposals shall
identify the flood riazard area and the elevation of the
base flood.
2. All final subdivision plans will provide the ele-
vation of proposed structures) and pads. If the site
is filled above the base flood, the final pad elevation
shall be certified by a registered professional engineer
or surveyor and provided to the City Engineer.
3. A11 subdivision proposals shall be consistent
with the need to minimize flood damage.
4. All subdivision proposals shall have public
utilities and facilities such as sewer, gas, electrical,
and water systems located and constructed to minimize
flood damage.
5. All sub division .proposals shall have adequate
drainage provided to reduce exposure to flood damage.
18.22.550 Standards far Manufactured Homes
1. Anchpring
All manufactured homes and additions to manufac-
tured homes shall be anchored to resist flotation,
collapse, or lateral movement by one of the following
methods:
12
(a) By providing an anchoring system designed to
withstand horizontal forces of 25 pounds per
square foot and up lift forces of 15 pounds
per square foot;
(b) By providing over -the -top and frame ties to
ground anchors; specifically
(1) over -the -top ties be provided at each of the
four corners of the manufactured home, with
two additional ties per side at intermediate
locations, with manufactured 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, with manufactured homes
less than 50 feet long require only four
additional ties per side; and
(3) all components of the anchoring system be
capable of carrying a force of 4,800 pounds.
manufactured home shall be placed in a costal
hazarA
area.
18.?_2.570 Costal High Hazard Area
Coastal high hazard areas (V Zones) are located within
the areas of special flood hazard established in Section
18.22.320. These areas have special flood hazards associ-
ated with high velocity waters from coastal and tidal
inundation or tsunamis; therefore the following provisions
shall apply.
18.22.571 Location of Structures
1. All buildings or structures shall be located
landward of reach of the mean high tide.
2, The placement of manufactured homes shall be
prohibited.
18,22.572 Construction Methods
1. Elevation;
A11 buildings or structures shall be elevated
so that the lowest supporting member is located no lower
than the base flood elevation level, o�ith all space below
the lowest supporting member open so as not to impede
13
the £low of water, except for breakaway walls as
provided for in subsection 4 hereof.
2. Structural Support:
(a) All buildings or structures shall be
securely anchored on pilings or columns.
(b) Pilings or columns used as structural
support shall be designed, and anchored so as to with-
stand all impact forces and buoyancy factors of the
base flood.
(c) Fill used for structural support will be
allowed only with permit from the City Engineer.
3. Certifica.tion:.
Compliance with the _provisions of subsections
1 and 2(a) and (b) hereof shall be certified to by a
registered professional engineer or architect and pro-
vided to the City Engineer.
4. Space Below the Lowest Floor:
(a) Any alteration, repair, reconstruction or
improvemea;t to a structure started after the enactment
of this ordinance shall not enclose the space below the
lowest .floor unless breakaway walls are used as provided
l.n this Section.
(l;) Breakaway asalls may be allowed below the
base flood elevation provided they are not a part of the
structural support of the building and are designed so
as to breakaway, under abnormally high tides or wave
action, without damage to the structural integrity of
the building on which they are to be used.
(c) If breakaway walls are utilized, such enclosed
space shall not be used for human habitation.
(d) Prior to construction, plans for any structure
that will have breakaway walls must be submitted to the
City Engineer for approval.
14
18.22.610 Appeals Board
The Planning Commission shall hear and decide appeals
and requests for variances from the requirements of this
chapter.
18.22.611 Appeal Procedure
The Planning Commission shall hear and decide appeals
when it is alleged there is an error in any requirement,
decision or determination made by the City Engineer in
the enforcement or administration of this chapter. Any
person may appeal such decision to the City Council as
provided in Sections 25.16.070 and 25.16.080.
In passing upon such appeals, the Planning Commission
shall consider all technical evaluations, all relevant
factors, staizdards specified in other sections of this
chapter, and:
1.
The danger that materials may be swept onto
access
other lands to the injury of others.
2.
The danger to life and property due to flooding
flood for
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 exist-
ing and anticipated development;
8. The relationship of the
proposed use to the
comprehensive plan and flood plain management
program for that area;
9. The
safety of
access
to the property
in times
of
flood for
ordinary
and emergency
vehicles;
15
10. The expected heights, velocity, duration, rate
of rise, and sediment transport of the flood
waters and the effects of wave action, if applic-
able, 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.
18.22.612 Variances
Generally, variances may be issued for new construction
and substantial improvements 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, provided items (1-11) in Section
18.22.611 have been fully considered. As the lot size
increases beyond the one-half acre, the technical justifi-
cation required for issuing the variance increases.
18.22.613 Variance Conditions
Upon consideration of the factors of Section 18.22.611
and the purposes of this chapter, the Planning Commission
may attach such conditions to the granting of variances
as it deems necessary to further the purposes of this
chapter.
18.22.614 Variance Records
The City Engineer shall maintain the records of all
appeal actions and report any variances to the Federal
Insurance Administration upon request.
18.22.620 Conditions for Variances
Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed on
the N
ational Register of Historic Places or the. State
Z6
Inventory of FIistoric Places, without regard to the
procedures set forth in the remainder of this section.
Variances shall not be issued within any designated
floodway if any increase in flood levels during the base
flood discharge would result.
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering
the flood hazard, to afford relief.
Variances shall be issued only upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the
variance would result in exceptional hardship
to the applicant; and
3. A determination that the granting of a variance
shall not result in increased flood heights,
additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on
or victimization of the public, or conflict with
existing local laws or notices.
18.22.621 Notice
Any applicant to whom a variance is granted shall be
given written notice that the structure will be permitted
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 published as
required by law.
17
day of aura 1981, by the fallowing vote:
AYES: COUNCILMEN:— AmstrupABarton-Mangini®Martin
NOES: COUNCILMEN: None
ASSENT: COU7UCILMEN: Crosby
18
f -City Clerk
I, EVELYN F(. HILL, City
Clerk of the
City of
Burlingame,
do hereby certify that
the foregoing
Ordinance was
introduced
at a regular meeting of
the Burlingame
City Council
held on the
6th day of ,1111)1
1981, and was
adopted
thereafter
at a regular meeting of
said Council held
on the
day of aura 1981, by the fallowing vote:
AYES: COUNCILMEN:— AmstrupABarton-Mangini®Martin
NOES: COUNCILMEN: None
ASSENT: COU7UCILMEN: Crosby
18
f -City Clerk