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Ordinance Number 673ORDINANCE NO. 673 AMENDMENTS TO TITLES 8 AND 9 OF AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 8-11'.107, 9-3.503, 9-3.504, 9- 3.612, AND 9-3.620 OF THE MUNICIPAL CODE REGARDING PROVISIONS REGULATING AREAS OF 100 -YEAR FLOODPLAIN. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings a. Section 9-2.302 of the Municipal Code requires that the Planning Commission conduct a public hearing and make a recommendation on Land Use Code Amendments prior to public hearing and final action by the City Council, whereas the Commission has conducted public hearings on June 12 and July 24 and recommended that the City Council adopt this draft Ordinance; and, b. The Environmental Review Board has considered the Ordinance and determined that it is "categorically exempt" from further environmental review and has carried out all applicable provisions of the California Environmental Quality Act (1970) as amended; and, C. The Ordinance is consistent with the City of San Juan Capistrano's General Plan's goals, policies, and objectives, particularly with respect to Land Use, Open Space and Conservation, and Public Safety; and, d The Ordinance is consistent with the Federal Emergency Management Agency's (FEMA) Guidelines and will help maintain the City's eligibility in the National Flood Insurance Program; and e. The City Council has conducted a duly noticed public hearing to consider testimony on the Ordinance. SECTION 2. Amendment Text Based upon the findings set forth in Section 1 preceding, the following amendments to the Municipal Code are hereby enacted: Section 8-11.107, Basis for establishing the areas of special flood paaerd is hereby amended to read as follows: The language "'Flood Insurance Study for San Juan Capistrano; dated 1979" is hereby replaced with the following language: "'Flood Insurance Study, Orange County, California and Incorporated Areas', revised: September 15, 1989 and including all subsequent revisions thereof"; and, Section 9-3.503, Floodway (FPI) District and Section 9-3.504, Floodway Fringe (FP2) District of Title 9, of the Land Use Code are hereby repealed; and, -1- Section 9-3.503, Floodplain Management Overlay District is hereby adopted as follows: (a) Purpose and Intent. The purpose and intent of the Floodplain Management Overlay District is to protect the public health, safety, and general welfare by discouraging physical encroachments and development of the 100 -Year floodplain, and protecting properties and persons from flood perils. Furthermore, it is the intent and purpose of this district to: (1) Maintain the City's eligibility in the Federal Government's National Flood Insurance Program; (2) Implement the General Plan's Land Use, Open Space and Conservation and Public Safety Elements with respect to special flood hazard areas; and, (3) Manage land uses and structures by recognizing their risks and the hazards associated with special flood hazard areas. (b) Definitions. The definitions of terms used in this Section shall be as defined in Section 8-11.105 of the Code. (c) Applicability. The provisions of this Section shall apply to all lands situated within special flood hazard areas as delineated by the Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM) for the City of San Juan Capistrano dated September 15, 1989 and all subsequent revisions thereof. The Flood Insurance Rate Maps define the minimum area of applicability and may be supplemented at the City's discretion by additional studies which the City prepares or which are prepared in conjunction with the submission of a "floodplain land use permit" application and meet both the City's and FEMA's standards. All Flood Insurance Rate Map revisions by the Federal Emergency Management Agency shall be subject to the review and confirmation by resolution of the City Council prior to becoming effective. (d) Administration. The Director of Engineering and Building Services or his agent is designated as the "Floodplain Administrator" and shall be vested with the authority and responsibility to administer and implement these provisions. The Floodplain Administrator shall be responsible for the following: (1) Interpretation. Render determinations on the location of special flood hazard district boundaries using the Flood Insurance Rate Maps and additional studies which provide the best available information. (2) Land use review. Provide technical assistance and make recommendations to the Department of Planning Services for the administration of "floodplain land use permit" applications to assure compliance with the submission requirements, locational and site development standards, and land use standards of this Title. (3) Decision-making authority. Review and approve grading permits, building permits, and similar development permits upon finding that such permits are consistent with an approved "floodplain land use application" authorized by this Title and the provisions of Title 8, Chapter 11, Floodplain Management Regulations. (4) Violations. Determine whether or not any violations of these provisions exist and take necessary steps to correct any violations as provided by Section 9-1.206, Violation: Penalties, of this Title. (e) Locational standards. "Floodplain land use permit" applications for uses or structures permitted by subsections (g)(2) and (g)(4) shall comply with the following standards: (1) Alternative location. No alternative location for the proposed project exists on the property which is situated outside the limits of the special flood hazard area. In applying this standard, the City will consider existing development outside of -2- the floodplain and the extent of reasonable use from which the property owner presently benefits. (2) Structures. No enclosed principal or accessory structures shall be permitted within Special Flood Hazard Zones "A" and "AE", the high hazard portion of the 100 -year floodplain. (3) Significant public need. Channel realignments or major alterations to the channel cross-section (geometric) shall only be permitted for proposed projects which serve a "significant public need" including but not limited to flood protection for existing development, public utilities, wildlife habitat restoration, public recreational facilities, primary and secondary arterial roads designated by the General Plan's Circulation Element, and other projects which satisfy a specific public need. (4) Compliance feasibility. Floodplain land use permit applications shall include information which demonstrates feasibility of the proposed project to comply with the provisions of Section 8-11.113, "Standards of construction" to the satisfaction of the Floodplain Administrator. (f) Site development standards. "Floodplain land use permit" applications, building permits, grading permits, and development permits for uses or structures permitted by subsection (g) shall comply with the following requirements: (1) Floodplain impact. Floodplain land use projects shall result in no discernible net increase in water surface elevation, based on professionally accepted Engineering methodologies, of the 100 -year floodplain; shall not create or exacerbate erosive velocities within special flood hazard areas; and, shall not contribute to upstream or downstream flooding of properties not previously inundated by the 100 -year storm event. (2) Federal and State agencies. Floodplain land use projects shall demonstrate evidence of compliance with all Federal Emergency Management Agency, California Fish and Game Department, and United State Corps of Engineer requirements, as amended and in effect at the time the permit application is submitted and deemed complete. (3) Site environmental impact. The site specific location of proposed projects within special flood hazard areas shall be that location or locations which result in the lease environmental impact as determined by the environmental documents which are prepared to meet the requirements of the California Environmental Quality Act (CEQA) as amended. (g) Land use standards. The following land uses and structures may be permitted within the special flood hazard zones indicated subject to the applicable standards: (1) Special Flood Hazard Zones "A" and "AE", Permitted uses subject to approval of a grading, if required, which complies with the standards of subsection (f), Site development standards. (i) Agricultural uses including orchards, tree crops, nurseries, and similar horticultural uses but not including storage buildings, barns, or other accessory structures. (2) Special Flood Hazard Zones "A" and "AE", Uses Permitted subject to the approval of a "floodplain land use permit" application which complies with the standards of subsections (e), Locational criteria and (f), Site development standards. (i) Public utility structures and uses including water treatment plants, wastewater treatment facilities which are consistent with the Master Sewer Plan; and, transportation structures including bridges, primary and secondary arterial roads and traffic control/management structures which are consistent with the General Plan. (ii) Recreational uses and minor accessory structures including playgrounds, trails, golf courses, athletic fields, and accessory parking for recreational uses. -3- (iii) Equestrian facilities such -as riding arenas, training areas, and similar uses which may include minor accessory structures such as fencing, wash racks, watering trough, and similar improvements and accessory parking for such uses. (iv) Flood control structures including levees, channels, spreading basins, detention areas, and diversion drains in accordance with plans approved by the City of San Juan Capistrano. (3) Special Flood Hazard Zones "AH" and "AO", Permitted uses subject to approval of a grading permit, building permit, or development permit, if required, which complies with the standards of subsection (f), Site development standards. (i) All uses which are permitted uses within special flood hazard zones "A" and "AE". (ii) Riding and hiking trails. (iii) Equestrian arenas and associated accessory structures including but not limited to fences, wash racks and watering troughs. (4) Special Flood Hazard Zones "AH" and "AO", Uses permitted subject to the approval of a "floodplain land use permit" application which complies with the standards of subsection (e), Locational criteria and (f), Site development standards. (i) All uses which are permitted subject to approval of a floodplain land use permit application in Special Flood Hazard Zones "A" and "AE" and are not specifically permitted by the preceding subsection. (ii) Accessory recreational, agricultural and equestrian structures including storage areas and equipment sheds which are associated with permitted uses in special flood hazard zones "A", and "AE", "AH", and "AO". (iii) Commercial, industrial, and service structures and uses on existing lots of record situated wholly within the special flood hazard zone and which are permitted by the underlying zoning district. (iv) Residential structures and uses on lots of record situated wholly within the special flood hazard zone, which have been graded prior to the adoption of this section and meet the construction standards of Title 8, and which are permitted by the underlying zoning district. (h) Floodplain land use review process. Prior to the issuance of any building permit, grading permit, or floodplain development permit for any structure or use cited in subsection (gX2) or (g)(4), the project shall first secure approval of a floodplain land use application subject to the review procedures contained in Article 3, Section 9-2.301, Development review and subject to the following: (1) Planning Commission review. Prior to City Co,,. .cil review, the Planning Commission shall hold a public hearing on the proposed "flardplain land use permit" application in accordance with Section 9-2.313. The Planning Commission shall forward a report and recommendation on the application including findings to the City Council. The Commission shall only recommend approval or conditional approval based on findings that the application is in compliance with subsection (e), General standards and subsection (f), Site development standards of this Section, the General Plan, and the California Environmental Quality Act, and is capable of complying with Section 8-11.113, Standards of construction. (2) City Council action. Upon receipt of the Planning Commission's recommendation, the City Council shall hold a public hearing pursuant to Section 9- 2.313. The Council shall approve, approve with conditions, or deny the application based on findings that the application either is or is not in compliance with subsection (e), General locational standards and (f), Site development standards, the General Plan, the California Environmental Quality Act, and is capable of complying with the Section 8- 11.113, Standards of construction. -4- s :-i .AL . I However, any significant modification to a "floodplain land use permit" application which, in the Council's judgement, was not considered by the Planning Commission, shall be referred to the Commission for review and recommendation prior to final Council action. The Commission may consider such Council referral without a public hearing. (i) Submission requirements. All "floodplain land use permit" applications shall include the following information and any additional information which the Floodplain Administrator deems necessary to review such applications to determine compliance with the applicable standards: (1) A site plan including but not limited to the type, location, and extent of the proposed project in relationship to the special flood hazard zone boundaries, and property lines. The site plan shall also identify any alternative locations which were considered by the applicant for the proposed use/structure. (2) Profile drawings including but not limited to the type, location, and extent of the proposed use/structure in relationship to the channel, special flood hazard zones, 100 -year floodwater surface elevation, and property lines. The profiles shall also identify any alternative locations which were considered by the applicant for the proposed use/structure. (3) A "hydrologic report" prepared consistent with professionally accepted engineering practice as determined by the City Engineer which accurately assesses the hydrologic impact of the proposed use/structure including potential water surface elevation changes, water velocity changes, and channel flow changes. (4) A "Feasibility Compliance Report" which demonstrates to the satisfaction of the Floodplain Administrator that the project would comply with Section 8-12..113, Standards of construction. (5) Subsequent to the review of and a determination by the Environmental Review Board, the applicant may be required to bear the cost for the preparation of an environmental impact report or environmental assessment consistent with the provisions of the California Environmental Quality Act. Section 9-3.612, Caretaker residences is hereby amended to read as follows: Caretakers residences may be developed as permitted in this chapter for the exclusive use of personnel employed for the maintenance and security of the principal use, subject to the following provisions: (a) Outside the Floodplain Management Overlay District. (1) Permanent caretaker residences located outside the Floodplain Management Overlay District are subject to the following requirements: (i) It shall be listed as a permitted use in the applicable district. (ii) It shall meet all yard setback requirements of the applicable district. (2) Temporary caretaker residences located outside the Floodplain Management Overlay District are subject to the provisions of subsection (1) of this section and the following requirements: (i) It shall have a floor area no greater than 750 square feet. (ii) It shall be removed no later than nine months after the issuance of the set-up permit for the caretaker residence or upon the issuance of the "certificate of use and occupancy" for the permanent caretakers residence, whichever occurs first. (iii) The set-up permit or the caretakers residence shall not be used until after the issuance of the building permit for the permanent caretakers residence. (iv) In order to assure compliance with the requirements of this subsection, a cash deposit or other form of surety shall be deposited with the city for.:ihe period the temporary caretaker residence is to be located on the property. The surety shall be in an amount established by the Director which covers the total estimated cost of removing the temporary caretakers residence and storing the same for a period of at least thirty (30) days. The surety shall be accompanied by a written authorization from the property -5- owner which allows the City to enter the property and remove the temporary caretaker residence if all the requirements for its placement and use are no; met. (b) Within the Floodplain Management Overlay Diatrict. All caretakers residences situated within the Floodplain Management Overlay District shall comply with the provisions of Section 9-3.503, Floodplain Management Overlay District as well as the provisions established by this section; and, Section 9-3.620, Horses and stables is hereby amended by deleting subsection (ax4)(iiiXab); and, revisin subsection (ax4)(xiii), Evacuation by deleting the term "portable dwelling units". passage. SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its SECTION 4. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption is required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED, AND ADOPTED this 4th day of September 1990. ATTEST: CITY CLERK I M- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, CHERYL JOHNSON, 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. 673 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on August 21 , 1990, and adopted at a meeting held on September 4 , 1990, by the following vote: AYES: Councilmen.Schwartze, Friess, Buchheim, Bland and Mayor Hausdorfer NOES: None ABSTAIN: None ABSENT: None (SEAL) CH YL JONNSON, CITY CLERK -7-