HomeMy WebLinkAboutOrd 1916ORDINANCE NO. 1916
AN ORDINANCE OF THE CITY OF BURLINGAME
AMENDING TITLE 18 OF THE BURLINGAME MUNICIPAL CODE TO
UPDATE CHAPTER 18.22 "FLOOD DAMAGE PREVENTION"
The City Council of the City of Burlingame does hereby ordain as follows:
Section 1. Factual Background and Findings.
WHEREAS, the City of Burlingame is a participant with the National Flood Insurance
Program (NFIP) since 1981 with the adoption of a Flood Insurance Rate Map (FIRM) and
Chapter 18.22 "Flood Damage Prevention; and
WHEREAS, Chapter 18.22 "Flood Damage Prevention" outlines the floodplain
management measures and was last updated in 1987; and
WHEREAS, the Federal
Emergency
Management Agency
(FEMA) that oversees the
NFIP has informed the City of
Burlingame
that Chapter 18.22 "Flood
Damage Prevention"
ordinance is outdated and needs
to be updated for compliance with
FEMA regulations; and
WHEREAS, to ensure continued coverage under the NFIP, amendments to various
sections of Chapter 18.22 are necessary; and
WHEREAS, adoption of these amendments will bring the floodplain management
measures up to date and provide continued flood insurance coverage for properties in our
community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES
ORDAIN AS FOLLOWS:
Section 2. Title 18 of the Burlingame Municipal Code is amended as follows:
(a)
Chapter 18.22, is amended
under Title 18 of the Burlingame
Municipal Code and
shall read as follows:
Chapter 18.22 FLOOD DAMAGE PREVENTION
18.22.010 Findings of fact.
(a) 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 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 floodproofed, elevated or
otherwise protected from flood damage also contribute to the flood loss. (Ord. 1211 § 11 (1981))
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 to:
(a) Protect human life and health;
(b) Minimize expenditure of public money for costly flood control projects;
(c) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(d) Minimize prolonged business interruptions;
(e) 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) 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;
(g) Insure that potential buyers are notified that property is in an area of special flood
hazard; and
(h) Insure that those who occupy the area of special flood hazard assume
responsibility fortheir actions. (Ord. 1211 § 1, (1981))
18.22.030 Methods of reducing flood losses.
In order to accomplish its purpose, this chapter includes methods and provisions for:
(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 in 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 floodwaters:
(d) Controlling filling, grading, dredging and other development which may increase
flood damage; and
(e) Preventing or regulating the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards in other areas. (Ord. 1211 § 1, (1981))
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.
"A zone" See "Special flood hazard area."
"Appeal" means a request for a review of the Floodplain Administrator's interpretation of
any provision of this chapter or a request for a variance.
"Area of shallow flooding" means a designated AH zone on the flood insurance rate map
(FIRM). The base flood depths range from one to three (3) feet; a clearly defined channel does
not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be
evident.
"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 hazard." See "special flood hazard area."
"Base flood" means the flood having a one percent chance of being equaled or
exceeded in any given year (also called the "one -hundred -year flood").
"Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate
Map for Zones AE, AH, and VE that indicates the water surface elevation resulting from a flood
that has a 1 -percent or greater chance of being equaled or exceeded in any given year.
"Basement" means any area of the building having its floor subgrade (below ground
level) on all sides.
"Breakaway walls" are any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other suitable building material
which is not part of the structural support of the building and which is designed to break away
under abnormally high tides or wave action without causing any damage to the structural
integrity of the building on which they are used or any building to which they might be carried by
floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten
(10) and no more than twenty (20) pounds per square foot. Use of breakaway walls must be
certified by a registered engineer or architect and shall meet the following conditions:
(1) Breakaway wall collapse shall result from a water load less than that which would
occur during the base flood; and
(2) The elevated portion of the building shall not incur any structural damage due to
the effects of wind and water loads acting simultaneously in the event of a base flood.
"Coastal high hazard area" is the area subject to high velocity waters, including coastal
and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM)
as zones V1 — V30.
"Conditional Letter of Map Revision (CLOMR)" means a comment letter from FEMA that
addresses a development that upon construction would affect the hydrologic or hydraulic
characteristics of a flooding source and result in the modification of the existing regulatory
floodway, the Base Flood Elevations, or Special Flood Hazard Area.
"Development" means any manmade change to improved or unimproved real estate,
ncluding but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations.
"Flood or flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) The overflow of floodwaters;
(2) The unusual and rapid accumulation or runoff of surface waters from any source;
and/or
(3) 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 as defined in this definition.
"Flood boundary and floodway map" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated both the
areas of flood hazard and the floodway.
"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 city.
"Flood insurance study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the FIRM, 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 "flood").
"Floodplain Administrator" is the community official designated by title 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, special purpose ordinances (such as floodplain ordinance,
grading ordinance and erosion control ordinance) and other applications of police power. The
term describes such state or local regulations in any combination thereof, which provide
standards for the purpose of flood damage prevention and reduction.
"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 sanitary facilities, structures and their contents.
"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 foot. Also referred to as "regulatory floodway."
"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.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
"Letter of Map Revision (LOMR)" means a letter from FEMA that describes the
modification to an effective Flood Insurance Rate Map.
"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 a building's lowest floor;
provided, that such enclosure is not built so as to render the structure in violation of the
applicable nonelevation 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 connected to the required utilities. For floodplain management purposes the term
'manufactured home" also includes park trailers, travel trailers and other similar vehicles placed
on a site for greater than one hundred eighty consecutive days.
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land
divided into two (2) or more manufactured home lots for sale or rent.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of
1988, or other datum, to which base flood elevations shown on flood insurance rate map are
referenced.
"New construction" means, for floodplain management purposes, structures for which
the "start of construction" commenced on or after the effective date of a floodplain management
regulation adopted by the city.
"One -hundred -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.
"Person" means an individual or his or her agent, firm, partnership, association or
corporation or agent of the aforementioned groups, or this state or its agencies or political
subdivisions.
"Remedy a violation" means to bring the structure or other development into compliance
with state or local floodplain management regulations, or, if this is not possible, to reduce the
impacts of its noncompliance. Ways that impact may be reduced include protecting the structure
or other affected development from flood damages, implementing the enforcement provisions of
the ordinance or otherwise deterring future similar violations, or reducing federal financial
exposure with regard to the structure or other development.
"Riverine" means relating to, performed by or resembling a river (including tributaries),
stream, brook, etc.
"Sand dunes" means naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
"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 an FHBM or FIRM as zone A, AH, Al —A30 and V1 — V30.
"Start of construction" includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction, repair, reconstruction,
placement or other improvement was within one hundred eighty days of the permit date. 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 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 part of the main structure.
"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 improvement" means any repair, reconstruction or improvement of a
structure the cost of which equals or exceeds fifty percent of the market value of the structure
either:
(1) Before the improvement or repair is started; or
(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:
(3) Any project for improvement of a structure to comply with existing state or local
health, sanitary or safety code specifications which are solely necessary to assure safe living
conditions; or
(4) Any alteration of a structure listed on the National Register of Historic Places or a
state inventory of historic places.
"Variance" means a grant of relief from the requirements of this chapter which permits
construction in a manner that would otherwise be prohibited by this chapter.
"Violation" means the failure of structure or other development to be fully compliant with
the city's floodplain management regulations. A structure or other development without the
elevation certificate, other certifications or other evidence of compliance required in this chapter
s presumed to be in violation until such time as that documentation is provided. (Ord. 1211 § 1,
(1981); Ord. 1326 § 1, (1986); Ord. 1351 § 15 (1987))
"Water surface elevation" means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, 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 includes
specifically designated areas in which substantial flood damage may occur.
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. (Ord. 1211 § 1, (1981))
18.22.320 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency Management
Agency (FEMA) in The Flood Insurance Study for the City of Burlingame," dated March 16,
1981, with an accompanying Flood Insurance Rate Maps (FIRM's) , and all subsequent
amendments and/or revisions, are hereby adopted by reference and declared to be a part of this
chapter. This FIS and attendant mapping is the minimum area of applicability of this 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 Flood
Insurance Study is on file at the Public Works Engineering Department, City Hall, 501 Primrose
Road, Burlingame, California. (Ord. 1211 § 1, (1981); Ord. 1326 § 2, (1986))
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 applicable regulations.
(Ord. 1211 § 1, (1981))
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 conflict or overlap, whichever imposes the more stringent
restrictions shall prevail. (Ord. 1211 § 1, (1981))
18.22.350 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 governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under state
statutes. (Ord. 1211 § 1, (1981))
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 manmade 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. (Ord. 1211 § 1, (1981))
18.22.410 Establishment of development permit.
For the purposes of this chapter, "development permit' shall mean a development permit
shall be obtained before construction or development begins within any area of special flood
hazard established in Section 18.22.320. Application for 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 proposed structures, fill, storage of materials, drainage facilities and the location of
the foregoing. Specifically, the following information is required.
(a) Proposed elevation in relation to mean sea level of the lowest habitable floor
(including basement) of all structures;
(b) Proposed elevation in relation to mean sea level to which any structure will be
floodproofed;
(c) All appropriate certifications listed in Section 18.22.433; and
(d) Description of the extent to which any watercourse will be altered or relocated as
a result of proposed development. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987))
18.22.420 Designation of the Floodplain Administrator.
The City Engineer is appointed to administer and implement this chapter by granting or
denying development permit applications in accordance with its provisions. (Ord. 1211 § 1,
(1981))
18.22.430 Duties and responsibilities of Floodplain Administrator.
Duties of the Floodplain Administrator shall include but not be limited to those set forth in
Sections 18.22.431 through 18.22.435. (Ord. 1211 § 11 (1981))
18.22.431 Permit review.
The Floodplain Administrator shall review all development permits to determine that:
(a) The permit requirements of this chapter have been satisfied;
(b) All other required state and federal permits have been obtained;
(c) The site is reasonably safe from flooding;
(d) The proposed development does not adversely affect the carrying capacity of the
floodway. 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.
(Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987))
(e) All Letter of Map Revision (LOMR's) for flood control projects are approved prior
to the issuance of building permits. Building Permits must not be issued based on Conditional
Letter of Map Revision (CLOMR's).
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 Floodplain Administrator 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. (Ord. 1211 § 1, (198 1))
NOTE: A base flood elevation may be obtained using one of two methods from the FEMA
publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas — A
Guide for Obtaining and Developing Base (100 -year) Flood Elevations" dated July 1995.
18.22.433 Information to be obtained and maintained.
The Floodplain Administrator shall obtain and maintain for public inspection and make
available as needed for flood insurance policies;
(a) The certification required in Section 18.22.513 (a) (floor elevations);
(b) The certification required in Section 18.22.513 (b) (elevations in areas of shallow
flooding);
(c) The certification required in Section 18.22.513 (c) (elevation or floodproofing of
nonresidential structures);
(d) The certification required in Section 18.22.513 (d) (1) or (2) (wet floodproofing
standard);
(e) The certified elevation required in Section 18.22.540 (b) (subdivision standards);
(f) The certification required in Section 18.22.560 (1) (floodway encroachments);
(g) The information required in Section 18.22.570 (coastal construction standards).
(Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987))
18.22.434 Alteration of watercourses.
The Floodplain Administrator shall:
(a) Notify adjacent communities and the department of water resources prior to any
alteration or relocation of a watercourse, and submit evidence of such notification to the Federal
Emergency Management Agency;
(b) Require that the flood -carrying capacity of the altered or relocated portion of the
watercourse is maintained. (Ord. 1211 § 1, (1981))
18.22.435 Interpretation of FIRM boundaries.
The Floodplain Administrator shall 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
interpretation as provided in Section 18.22.610 et seq. (Ord. 1211 § 1, (1981))
18.22.510 Standards.
The following standards are required in all areas of special flood hazards. (Ord. 1211 §
1, (1981))
18.22.511 Anchoring.
(a) All new construction and substantial improvements shall be anchored to prevent
flotation, collapse or lateral movement of the structure resulting from hydrostatic and
hydrodynamic loads, including the effect of buoyance.
(b) All manufactured homes shall meet the anchoring standards of Section
18.22.550 (a). (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987))
18.22.512 Construction materials and methods.
(a) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
(b) All new construction and substantial improvements shall be constructed using
methods and practices that minimize damage.
(c) 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.
(d) Require within zone AH adequate drainage paths around structures on slopes to
guide floodwaters around and away from proposed structures. (Ord. 1211 § 1, (1981); Ord.
1351 § 11 (1987))
18.22.513 Elevation and floodproofing.
(a) New construction and substantial improvement of 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 (c) of this section. Upon
completion of the structure, the elevation of the lowest habitable floor including basement shall
be determined by a registered professional engineer or surveyor and provided to the Floodplain
Administrator.
(b) New construction and substantial improvement of any structure in zone AH shall
have the lowest floor, including basement, elevated above the highest adjacent grade at least
as high as the depth number specified in feet on the FIRM, or at least two (2) feet if no depth
number is specified. Nonresidential structures may meet the standards in subsection (c) of this
section. Upon completion of the structure the elevation of the lowest floor including basement
shall be certified by a registered professional engineer or surveyor, or verified by the community
building inspector to be properly elevated. Such certification or verification shall be provided to
the Floodplain Administrator.
(c) Nonresidential construction shall either be elevated in conformance with
subsection (a) or (b) of this section, or together with attendant utility and sanitary facilities:
(1) Be floodproofed so that below the base flood level is watertight with walls
substantially impermeable to the passage of water;
(2) Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
(3) Be certified by a registered professional engineer or architect that the standards
of this subsection are satisfied. Such certifications shall be provided to the Floodplain
Administrator.
(d) In all new construction and substantial improvements fully enclosed areas below
the lowest floor that are subject to flooding shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a registered professional
engineer or architect or meet or exceed the following minimum criteria:
(1) Either a minimum of two (2) openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall be provided. The
bottom of all openings shall be no higher than one foot above grade. Openings may be
equipped with screens, louvers, valves or other coverings or devices provided that they permit
the automatic entry and exit of floodwaters; or
(2) Be certified to comply with a local floodproofing standard approved by the
Federal Insurance Administration.
(e) Manufactured homes shall also meet the standards in Section 18.22.550. (Ord.
1211 § 11 (1981); Ord. 1326 § 3, (1986); Ord. 1351 § 1, (1987))
18.22.520 Standards for storage of materials and equipment.
(a) 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.
(b) Storage of other material or equipment may be allowed if not subject to major
damage by floods and firmly anchored to prevent flotation or if readily removable from the area
within the time available after flood warning. (Ord. 1211 § 1, (1981))
18.22.530 Standards for utilities.
(a) All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters into the system and discharge from
systems into floodwaters;
(b) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding. (Ord. 1211 § 1, (1981))
18.22.540 Standards for subdivisions.
(a) All preliminary subdivision proposals shall identify the flood hazard area and the
elevation of the base flood.
(b) All final subdivision plans will provide the elevation of proposed structure(s) 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 Floodplain Administrator.
(c) All subdivision proposals shall be consistent with the need to minimize flood
damage.
(d) All subdivision proposals shall have public utilities and facilities such as sewer,
gas, electrical and water systems located and constructed to minimize flood damage.
(e) All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage. (Ord. 1211 § 1, (1981))
18.22.550 Standards for manufactured homes.
All new and replacement manufactured homes and additions to manufactured homes
shall:
(a) Be elevated so that the lowest floor is at or above the base flood elevation; and
(b) Be securely anchored to a permanent foundation system to resist flotation,
collapse or lateral movement. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987))
18.22.560 Floodways.
Located within areas of special flood hazard established in Section 18.22.320 are areas
designed as floodways. Since the floodway is an extremely hazardous area due to the velocity
of floodwaters which carry debris, potential projectiles and erosion potential, the following
provisions apply:
(a) Prohibit encroachments, including fill, new construction, substantial
mprovements and other development unless certification by a registered professional engineer
or architect is provided demonstrating that encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge;
(b) If subsection (a) of this section is satisfied, all new construction and substantial
improvement shall comply with all other applicable flood hazard reduction provisions of Sections
18.22.510 through 18.22.570. (Ord. 1351 § 1, (1987))
18.22.570 Coastal 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 associated with high
velocity waters from coastal and tidal inundation or tsunamis; therefore the following provisions
shall apply. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987))
18.22.571 Location of structures.
(a) All buildings or structures shall be located landward of reach of the mean high
tide.
(b) The placement of manufactured homes shall be prohibited. (Ord. 1211 § 1,
(1981))
18.22.572 Construction methods.
(a) Elevation. All buildings or structures shall be elevated so that the lowest
supporting member (excluding piles and columns) is located no lower than the base flood
elevation level, with all space below the lowest supporting member open so as not to impede
the flow of water, except for breakaway walls as provided for in subsection (c) of this section.
(b) Structural Support.
(1) All buildings or structures shall be securely anchored on pilings or columns.
(2) Pilings or columns used as structural support shall be designed and anchored so
as to withstand all impact forces and buoyancy factors of the base flood.
(3) Fill used for structural support will be allowed only with permit from the Floodplain
Administrator.
(c) Space Below the Lowest Floor.
(1) Any alteration, repair, reconstruction or improvement to a structure started after
the enactment of the ordinance codified in this chapter shall not enclose the space below the
lowest floor unless breakaway walls are used as provided in this section.
(2) Breakaway walls 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 break away
under abnormally high tides or wave action without damage to the structural integrity of the
building on which they are to be used.
(3) If breakaway walls are utilized, such enclosed space shall not be used for human
habitation.
(4) Prior to construction, plans for any structure that will have breakaway walls must
be submitted to the Floodplain Administrator for approval.
(d) The Floodplain Administrator shall obtain and maintain the following records:
(1) Certification by a registered engineer or architect that a proposed structure
complies with subsections (a) and (b) of this section;
(2) The elevation (in relation to mean sea level) of the bottom of the lowest structural
member of the lowest floor (excluding pilings or columns) of all new and substantially improved
structures, and whether such structures contain a basement. (Ord. 1211 § 1, (1981); Ord. 1326
§ 4, (1986); Ord. 1351 § 1, (1987))
18.22.610 Appeals board.
The planning commission shall hear and decide appeals and requests for variances from
the requirements 01 this chapter. (Ord. 1211 § 1, (1 981))
18.22.611 Appeal procedure.
(a) 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 Floodplain Administrator
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.
(b) In passing upon such appeals, the planning commission 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 to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the
community;
(5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative locations, for the proposed use which are not
subject to flooding or erosion damage;
(7) The 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 that area;
(9) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(10) The expected heights, velocity, duration, rate of rise and sediment transport of
the floodwaters and the effects of wave action, if applicable, 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. (Ord. 1211 § 11 (1981))
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 subdivisions (1) through
(11) in Section 18.22.611(b) have been fully considered. As the lot size increases beyond the
one-half acre, the technical justification required for issuing the variance increases. (Ord. 1211 ?
1, (1981))
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. (Ord. 1211 § 1, (1981))
18.22.614 Variance records.
The Floodplain Administrator shall maintain the records of all appeal actions and report
any variances to the Federal Insurance Administration upon request. (Ord. 1211 § 1, (1981))
18.22.620 Conditions for variances.
(a) Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the State Inventory of Historic
Places, without regard to the procedures set forth in the remainder of this section.
(b) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
(c) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(d) 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 flooc
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. (Ord.
1211 § 11 (1981))
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. (Ord. 1211 § 1, (1981))
Section
3. The
Public Works
Department
is directed to take necessary actions to implement
this
ordinance.
Section 4. The City Clerk is directed to publish this ordinance in the manner required
by law.
Terry Nagel, Mayor
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that
the foregoing ordinance was introduced at a public hearing occurred at a regular meeting of the
City Council held on the 18th day of May, 2015, and adopted thereafter at a regular meeting of
the City Council held on the 1st day of June, 2015, by the following vote:
AYES: Councilmembers: Brownrigg, Keighran, Nagel, Ortiz, Root
NOES: Councilmem bers: one
ABSENT: Councilmembers: None
1 ✓J
Mary Ellen Kearney, City Clerk