Ordinance Number 627ORDINANCE NO. 627
AN URGENCY ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADDING CHAPTER 12 ENTITLED
"FLOODPLAIN MANAGEMENT REGULATIONS" TO TITLE 8
"BUILDING REGULATIONS" OF THE MUNICIPAL CODE
(URGENCY)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Enactment of Floodplain Management Regulations.
Chapter 12 entitled "Floodplain Management Regulations" is hereby added to
Title 8 "Building Regulations" of the Municipal Code to read as follows:
"CHAPTER 12. FLOODPLAIN MANAGEMENT REGULATIONS
Section 8-12.101. Statutory Authorization.
The legislature of the State of California has in Government Code Sections
65302, 65560, and 65800 conferred upon cities authority to adopt floodplain
regulations designed to promote the public health, safety, and general welfare
of its citizenry.
Section 8-12.102 Findings of Fact.
a) The flood hazard areas of the City of San Juan Capistrano are
subject to periodic innundation 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.
Section 8-12.103 Statement of Purpose.
It is the purpose of this ordinance to promote the public health, safety, and
general welfare, and to minimize public and private losses due to flood
conditions in specific areas by provisions designed:
a) To protect human life and health;
b) To minimize expenditure of public money for costly flood control
projects;
c) To minimize the need for rescue and relief efforts 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 second 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.
Section 8-12.104 Methods of Reducing Flood Losses.
In order to accomplish its purposes, this ordinance 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 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 filling, grading, dredging, and other development which
may increase flood damage; and
e) Preventing or regulating the construction of flood barriers which
will unnaturally divert flood waters or which may increase flood
hazards in other areas.
Section 8-12.105 Definitions.
Unless specifically defined below, words or phrases used in this ordinance shall
be interpreted so as to give them the meaning they have in common usage and
to give this ordinance its most reasonable application.
"Appeal" means a request for a review of the Floodplain Administrator's
interpretation or decision of any provision of this ordinance.
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"Area of shallow flooding" means a designated AO, AH or VO 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.
"Area of special flood -related erosion hazard" is the area subject to severe
flood -related erosion losses. The area is designated as Zone E on the Flood
Insurance Rate Map (FIRM).
"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 "100 -year flood").
"Basement" means any area of the building to have 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 buildings to which they might be carried by flood waters.
A breakaway wall shall have a safe design loading resistance of not less than
ten and no more than twenty pounds per square foot. Use of breakaway walls
must be certified by a registered engineer or architect and shall meet the
following conditions:
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 the base flood.
"Development" means any man-made change to improved real estate,
including 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 flood
waters, (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 by some similarly unusual and unforseeable 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
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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 FIRM, the Flood
Boundary and Floodway Map, and the water surface elevation of the base
f lood.
"Floodplain or flood -prone area" means any land area susceptible to being
inundated by water from any source (see definition of "flooding").
"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 Iloodway".
"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.
"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 non -elevation design requirements of this ordinance.
"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 180 consecutive days.
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"Manufactured home park or subdivision" means a parcel (or contiguous
parcels) of land divided into two 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 or other
datum, to which base flood elevations shown on a community's 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 this community.
"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 ordinance.
"Person" means an individual or his 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 impacts
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, formed by, or resembling a river (including
tributaries), stream, brook, etc.
"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, AO,
Al -30, AE, A99, AH, V0, V1 -V30, VE or V.
"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 180 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 state 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.
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"Substantial improvement" means any repair, reconstruction, or improvement
of a structure, the cost of which equals or exceeds 50 percent of the market
value of the structure either:
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 purpose 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:
1. 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
2. any alteration of a structure listed on the National Register of
Historic Places or a State Inventory of Historic Places.
"Variance" means a grant or relief from the requirements of this ordinance
which permits construction in a manner that would otherwise be prohibited by
this ordinance.
"Violation" means the failure of a structure or other development to be fully
compliant with the community's floodplain management regulations. A
structure or other development without the elevation certificate, other
certifications, or other evidence of compliance required in this ordinance is
presumed to be in violation until such time as that documentation is provided.
Section 8-12.106. Lands to Which this Ordinance Applies.
This ordinance shall apply to all areas of special flood hazards, areas of flood -
related erosion hazards within the City of San Juan Capistrano.
Section 8-12.107. Basis for Establishing the Areas of Special Flood
Hazard.
The areas of special flood hazard, areas of flood -related erosion hazards
identified by the Federal Emergency Management Agency or the Federal
Insurance Administration in a scientific and engineering report entitled "Flood
Insurance Study for San Juan Capistrano", dated 1979, with an accompanying
Flood Insurance Rate Map, and all future revisions thereof, is hereby adopted
by reference and declared to be a part of this ordinance. This Flood Insurance
Study is on file at the Department of Community Planning & Development.
This Flood Insurance Study is the minimum area of applicability of this
ordinance and may be supplemented by studies for other areas which allow
implementation of this ordinance and which are recommended to the
Floodplain Administrator.
In addition to this mapping, the Administrator shall also utilize the best
available information in determining areas of flood hazard and erosion areas.
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Section 8-12.108. Compliance.
No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this ordinance
and other applicable regulations. Violations of the provisions of this ordinance
by failure to comply with any of its requirements (including violations of
conditions and safeguards established in connection with conditions) shall
constitute u: infraction. Nothing herein shall prevent the City from taking
such lawful action as is necessary to prevent or remedy any violation.
Section 8-12.109. Warning and Disclaimer of Liability.
The degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood
heights may be increased by man-made or natural causes. This ordinance does
not imply that land outside the areas of special flood hazard, areas of flood -
related erosion hazards or uses permitted within such areas will be free from
flooding or flood damages. This ordinance shall not create liability on the part
of the City of San Juan Capistrano, any officer or employee thereof, or the
Federal Insurance Administration, for any flood damages that result from
reliance on this ordinance or any administrative decision lawfully made
thereunder.
Section 8-12.110. Establishment of Develooment Permit.
A Development Permit shall be obtained before construction or development
begins within any area of special flood hazards, areas of flood -related erosion
hazards established in Section 8-12.107. 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 AO or V0,
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 floodproofed;
c) All appropriate certifications listed in Section 8-12.112 of this
ordinance; and
d) Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
Section 8-12.111. Designation of the Floodplain Administrator.
The Director of Community Planning and Development is hereby designated as
Floodplain Administrator to administer and implement this ordinance by
granting or denying development permits in accordance with its provisions.
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Section 8-12.112. 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.
Review all development permits to determine that the
permit requirements of this ordinance have been satisfied;
2. All other required state and federal permits have been
obtained;
3. The site is reasonably safe from flooding;
4. The proposed development does not adversely affect the
carrying capacity of the areas where base flood elevation
have been determined, but a floodway has not been desig-
nated. For purposes of this ordinance, "adversely affects"
means that the cumulative effect of the proposed develop-
ment, 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.
b) Use of Other Base Flood Data. When base flood elevation data has
not been provided in accordance with Section 8-12.107, the
Floodplain Administrator shall obtain, review, and reasonably
utilize any base flood elevation and floodway data available from a
Federal, State or other source, in order to administer Section
8-12.113, et seq. Any such information shall be submitted to the
City Council for adoption.
c) Whenever a watercourse is to be altered or relocated:
Notify adjacent communities and the California Department
of Water Resources prior to such alteration or relocation of
a watercourse, and submit evidence of such notification to
the Federal Insurance Administration;
2. Require that the flood carrying capacity of the altered or
relocated portion of said watercourse is maintained.
d) Obtain and maintain for public inspection and make available as
needed pursuant to Sections 8-12.113, 8-12.115, 8-12.117, and 8-
12.118.
1. the certification (floor elevations);
2. the certification (elevations in areas of shallow flooding);
3. the certification (elevation or floodproofing of
nonresidential structures);
4. the certification (wet floodproofing standard);
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5. the certified elevation (subdivision standards);
6. the certification (Iloodway encroachments);
e) Make interpretations where needed, as to the exact location of the
boundaries of the areas of special flood hazards, areas of flood -
related erosion 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 8-12.119.
f) Take action to remedy violations of this ordinance.
Section 8-12.113. Standards of Construction.
In all areas of special flood hazards the following standards are required:
a) Anchoring.
1. All new construction and substantial improvements shall be
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 8-12.115.
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 within Zones AH, AO or V0, adequate drainage paths
around structures on slopes to guide flood waters around and
away from proposed structures.
c) Elevation and Floodproofing.
1. New construction and substantial improvement of any
structure shall have the lowest floor, including basement,
elevated to or above the base flood elevation.
Nonresidential structures may meet the standards in Section
8-12.113. Upon the completion of the structure, the
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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.
2. New construction and substantial improvement of any
structure in Zone AH, AO or VO 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 feet if no depth number is
specified. Nonresidential structures may meet the
standards in Section 8-12.113. Upon the 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.
Nonresidential construction shall either be elevated in
conformance with Section 8-12.113 or together with
attendant utility and sanitary facilities:
i. be floodproofed so that below the base flood level
the structure is watertight with walls
substantially impermeable to the passage of
water;
ii. have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy;and
iii. 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.
Require, for all new construction and substantial
improvements, that 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 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
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ii. Be certified to comply with a local floodproofing
standard approved by the Federal insurance
Administration.
5. Manufactured homes shall also meet the standards in Section
8-12.115.
Section 8-12.114. 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.
Section 8-12.115. Standards for Subdivisions.
1. All preliminary subdivision proposals shall indemnify the flood
hazard area and the elevation of the base flood.
2. All final subdivision plans will provide the elevation 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 Floodplain Administrator.
3. All 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 subdivisions shall provide adequate drainage to reduce exposure
to flood hazards.
Section 8-12.116. Standards for Manufactured Homes.
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.
Section 8-12.117. Floodways.
Located within areas of special flood hazard established in Section 8-12.106
are areas designated as floodways. Since the floodway is an 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 improvements, 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) is satisfied, all new construction and substantial
improvements shall comply with all other applicable flood hazard
reduction provisions of Section 8-12.113, et seq.
Section 8-12.118. 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.
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 Flood Insurance Rate Map, 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
structures, 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.
Section 8-12.119. Appeals/Variances.
a) The Floodplain Administrator shall act upon variance applications.
b) The Planning Commission shall hear and decide appeals of decisions
made by the Floodplain Administrator in the enforcement or
administration of this ordinance. Appeals shall be heard pursuant
to the appeal procedure set forth in Municipal Code Section 1-4.01.
c) In passing upon such applications, the Planning Commission shall
consider all technical evaluations, all relevant factors, standards
specified in other sections of this ordinance, and:
the danger that materials may be swept onto other lands to
the injury of others;
the danger of life and property due to flooding or erosion
damage;
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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 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, and streets and bridges.
d) 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, providing items
of subparagraph c) of this Section have been fully considered. As
the lot size increases beyond one-half acre, the technical
justification required for issuing the variance increases.
e) Upon consideration of the factors of subparagraph c) of this
Section, and the purposes of this ordinance, the Planning
Commission may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this
ordinance.
f) The Floodplain Administrator shall maintain the records of all
appeal actions and report any variances to the Federal Insurance
Administration upon request.
Section 8-12.120 Conditions for Variances.
a) Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed in 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.
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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 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 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,
cause fraud on or victimization of, the public, or conflict
with existing local laws or ordinances.
e) Variances may be issued for new construction and substantial
improvements and for other development necessary for the conduct
of a functionally dependent use provided that the provisions of
subsections a) through d) are satisfied and that the structure of
other development is protected by methods that minimize flood
damages during the base flood and create no additional threats to
public safety.
f) 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 regulatory flood elevation and that the
cost of flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation. A copy of
the notice shall be recorded by the Floodplain Board in the office
of the Orange County Recorder and shall be recorded in a manner
so that it appears in the chain of title of the affected parcel of
land."
SECTION 2. Urgency Ordinance.
This urgency ordinance is enacted pursuant to Government Code Section 36937
to protect the public health, peace, and safety in that the immediate adoption of
floodplain regulations consistent with federal law is essential to maintain the availability
of federal flood insurance for property owners within floodplain areas of the City. This
ordinance shall take effect immediately.
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SECTION 3. City Clerk's Certification.
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The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published once as required by law and posted at the duly designated posting
places within the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED, AND ADOPTED this 3rd day of May ,
1988.
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G RY AUSDORFER,MA OR
ATTEST:
ITY CLER
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 627 which was adopted at a meeting of the City Council of the City of
San Juan Capistrano, California, held on May 3 , 1988 , by the
following vote:
AYES: Councilmen Schwartze, Friess, Bland, and
Mayor Hausdorfer
NOES: None
ABSENT: Councilman Buchheim
(SEAL)
MARY ANN,#ANUVER, CITY CLERK
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