HomeMy WebLinkAboutORD 221ORDINANCE NO. 221
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, ADDING TITLE 28 TO THE PALM DESERT MUNICIPAL CODE,
RELATING TO THE PREVENTION OF FLOOD DAMAGE.
The City Council of the City of Palm Desert, California, DOES HEREBY
ORDAIN as follows:
SECTION 1: Title 28 is hereby added to the Palm desert Municipal Code
to read:
TITLE 28
FLOOD DAMAGE PREVENTION
Chapter 28.02. Findings, Purpose, and Mitigation.
28.02.010 Findings of Fact. The City Council.of the City of Palm
Desert, California, hereby finds and declares that the:
A. Flood hazard areas of the City of Palm Desert 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. 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.
28.02.020 Purpose. It is the purpose of this Title 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:
1) To protect human life and health;
2) To minimize expenditure of public money for costly flood
control projects;
3) To minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the
general public;
4) To minimize prolonged business interruptions;
5) To minimize damage to public facilities and utilities such
as water and gas mains, electric, telephone and sewer lines,
streets and bridges located in areas of special flood hazard-,
6) To help maintain a stable tax base by providing for the
sound use and development of areas of special flood hazard
so as to minimize future flood blight areas;
7) To insure that potential buyers are notified that property
is in an area of special flood hazard; and
8) To ensure that those who occupy the areas of special flood
hazard assume responsibility for their actions.
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ORDINANCE NO. 221 Page 2
28.02.030 Methods of Reducing Flood Losses. In order to accomplish
its purposes, this Title includes methods and provisions for:
1) Restricting or prohibiting uses which are dangerous to health,
safety, and property due to water or erosion hazards, or
which result in damaging increases in erosion or in flood
heights or velocities;
2) Requiring that uses vulnerable to floods, including facili-
ties which serve such uses, be protected against flood '
damage at the time of initial construction;
3) Controlling the alteration of natural flood plains, streams
channels, and natural protective barriers, which help
accommodate or channel flood waters; and
4) Controlling filling, grading, dredging, and other development
which will unnaturally divert flood waters or which may
increase flood hazards in other areas.
Chapter 28.04. Definitions
28.04.005 Definitions. Except as specifically defined in this section,
words and phrases used in this Chapter shall be interpreted to give
them the meaning they have in common usage.
A. "Appeal TV means a request for a review of the Director of Public
Works' interpretation of any provision of this Chapter or a
request for variance from the requirements of the Chapter.
B. "Area of Shallow Flooding" means a designated AO or VO Zone on
the FlooU 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 indeter-
minate; and, velocity flow and flood related erosion and debris
is evident.
C. "Area of Special Flood Hazard" means the land in the flood plain
within the City designated as Zone A, or Zone AO, on the Flood
Insurance Rate Map for the City of Palm Desert dated April 15,
1980.
D. "Base Flood" means the flood having a one -percent chance of
being equalled or exceeded in any given year.
E. "Development" means any man-made change to improved or unimproved
real estate, including but not limited to buildings or other struc-
tures, mining, dredging, filling, grading, paving, excavation, or
drilling operations located within the area of special flood
hazard.
E. "Existing Mobile Home Park or Mobile Home Subdivision" means a
parcel or contiguous parcels) of land divided into two or more
mobile home lots for rent or sale for which the construction of
facilities for servicing the lot on which the mobile home is to
be affixed (including, at a minimum, the installation of utilities,
either final site grading or the pouring of concrete pads, and the
construction of streets) is completed before the effective date
of this Chapter.
G. "Expansion To An Existing Mobile Home Park Or Mobile Home
Subdivision" means the preparation of additional sites by the
construction of facilities for servicing the lots on which the
mobile homes are to be affixed (including the installation of
utilities, either final site grading or pouring of concrete pads,
or the construction of streets).
ORL'IIVANCE NO. 221
Page 3
H. "Flood" or "Floodin means a general and temporary condition of
partial or comp ete inundation of normally dry land areas from:
1) The overflow of inland or tidal waters; and/or
2) The unusual and rapid accumulation or runoff of surface
waters from any source.
I. "Flood Insurance Rate Ma (FIRM)" means the official map on
which the Federal Insurance Administration has delineated both
the areas of special flood hazards and the risk premium zones
applicable to the community.
J. "Flood Insurance Study" means the official report provided by
the Federal Insurance Administration that includes flood pro-
files, the Flood Insurance Rate Map, and the water surface
elevation of the base flood.
K. "Floodway" means the Whitewater River Channel, the Palm Valley
Storm Drain, and the Deep Canyon Storm Drain.
L. "Freeboard" means the height of the object above the water sur-
ace, usually applied as a safety factor in hydrologic design
practice.
M. "Habitable Floor" means any floor usable for living purposes,
which includes working, sleeping, eating, cooking or recreation,
or a combination thereof. A floor used only for storage purposes
is not a "habitable floor".
N. "Mobile Home" means a structure that is transportable in one or
more sections, built on a permanent chassis, and designed to be
used with or without a permanent foundation when connected to
the required utilities. It does not include recreational
vehicles or travel trailers.
0. "New Construction" means structures for which a building permit
is issued on or after the effective date of this Title.
P. "New Mobile Home Park or Mobile Home Subdivision" means a parcel
(or contiguous parcels) of land divided into two or more mobile
home lots for rent or sale for which the construction of facilities
for servicing the lot (including, at a minimum, the installation
of utilities, either final site grading or the pouring of con-
crete pads, and the construction of streets) is completed on
or after the effective date of this Title.
Q. "Structure" means a walled and roofed building or mobile home
that is principally above ground.
R. "Substantial Imr ovement" 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 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 com-
mences, whether or not that alteration affects the
external dimensions of the structure. The term does
not, however, include either:
a) Any project for improvement of a structure to comply
with existing State or local health, sanitary, or
safety code specifications which are solely neces-
sary to assure safe living conditions; or
b) Any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of
Historic Places.
ORDINANCE NO. 221 Page 4
S. "Variance" means a grant of relief from the requirements of
this Title which permits construction in a manner that would
otherwise be prohibited.
CHAPTER 28.06
SCOPE INTERPRETATION AND APPLICATION
28.06.010 Application of this Title. This Title shall apply to
all areas of special flood hazards, within the jurisdiction of the
City of Palm Desert.
28.06.020 Area of Special Flood Hazard. The area of special flood
hazard identified by the Federal Insurance Administration in a
scientific and engineering report entitled "The Flood Insurance
Study for the City of Palm Desert" dated October, 1979, with
accompanying flood insurance rate maps, is hereby adopted by
reference and declared to be a part of this Title. This includes
Zone A, Zone AO, on the Flood Insurance Rate Map. The Flood
Insurance Study is on file in the Office of the Director of Public
Works for the City of Palm Desert.
28.06.030 Prohibition. No structure or land shall hereafter be
constructed, located—, extended, converted or altered except in
compliance with the provisions of this Title and other applicable
regulations.
This Title is not intended to repeal, abrogate, or impair any
existing easements, covenant or deed restriction; however, where
this Chapter and another ordinance, covenant or deed restriction
conflict or overlap, whichever imposes the more stringent restric-
tion shall prevail.
28.06.040 Interpretation. In the interpretation and application
of this Title, all provisions shall be:
1) Considered as minimum requirements;
2) Liberally construed in favor of the governing body; and
3) Deemed neither to limit nor repeal any other powers
granted under State statutes.
CHAPTER 28.08
GENERAL PROVISIONS
28.08.020 De ree of Flood Protection. The degree of flood protec-
tion required by this Title 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 Title does not
imply that land outside the areas of special flood hazards or uses
permited within such areas will be free from flooding or flood
damages. This Title shall not create liability on the part of
the City of Palm Desert, any officer, or employee thereof, or
the Federal Insurance Administration for any flood damages that
result from reliance on this Title or any administrative deci-
sion lawfully made hereunder.
28.08.030 Flood Hazard Report. A Flood Hazard Report shall be
prepared by the applicant and approved as to adequacy by the
Director of Public Works and considered as part of the approval
process before any construction or development begins within any
area of special flood hazard. A Flood Hazard Report shall speci-
fically include the following information:
1) Existing ground elevations in mean sea level;
2) Elevation in mean sea level of the lowest floor (including
basement) of all proposed residential structures.
ORDINANCE NO, 221
Page 5
3) Elevation in mean sea level of the lowest floor (including
basement) or the level of floodproofing of all proposed
non-residential structures.
4) Certification by a registered professional engineer or
architect that the proposed structure or other development
meets the standards of this Title. This includes detailed
working drawings that indicate the structure can withstand
the results of the base flood.
5) Certification by a registered professional engineer that the
proposed subdivision meets the standards of this Title.
Detailed subdivision plans indicating how the development
will be protected from the base flood should be submitted
with this certification.
6) Detailed description of all channel or levee improvements
or alterations, including an analysis of the upstream and
downstream effects of the improvement alteration.
28.08.040 Administration. The Director of Public Works is hereby
appointed to administer and implement this Title.
The duties of the Director of Public Works shall include but are
not limited to:
A. Review all Flood Hazard Reports to determine that the require-
ments of this Title have been satisfied.
B. Review all Flood Hazard Reports to determine that the building
site is reasonably safe from flooding.
C. Review all Flood Hazard Reports to determine that all necessary
approvals have been obtained from those Federal, State, and
local agencies from which prior approval is required.
D. Review all Flood Hazard Reports to determine if the proposed
development adversely affects the flood carrying capacity of
the area of special flood hazard. For the purposes of this
Title, "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.
28.08.050 Base Flood Elevation Data. When base flood elevation
data is not contained in the Flood Insurance Study for the City
of Palm Desert, the Director of Public Works shall obtain, review,
and reasonably utilize any base flood elevation data available
from a Federal, State, or other source in order to administer the
specific standards for both residential and nonresidential con-
struction.
28.08.060 Maintenance of Information. The Director of Public
Works shall:
A. For all elevated structures:
1) Certify whether or not the structure meets the standards of
this Title
B. For all new or substantially improved floodproofed structures:
1) Certify whether or not the structure meets the standards
of this Title.
C. Maintain the floodproofing certifications required in this Title.
ORDINANCE NO. 221
Page 5
28.08.070 Alteration of Watercourses. The Director of Public Works
shall notify adjacent communities and the State Department of dater
Resources and the Federal Insurance Administration prior to any
alteration or relocation of a watercourse. He shall require that
maintenance is provided within the altered or relocated portion of
said watercourse so that flood carrying capacity is not dimished.
28.08.080 Interpretation of "FIRM" Boundaries. The Director of
Public Works shall establish the exact location of the boundaries
of the areas of special flood hazards. Any person contesting the
location of the boundaries shall be given a reasonable opportunity
to appeal the interpretation to the City Council.
CHAPTER 28.10
STANDARDS
28.10.010 Flood Hazard Reduction. 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 floatation, collapse, or lateral move-
ment of the structure.
2) All mobile homes shall be anchored to resist floatation,
collapse, or lateral movement by providing over -the -top
and frame ties to ground anchors. Specific requirements
shall be that:
( i) Over -the -top ties be provided at each of the four
corners of the mobile home, with two additional
ties per side at intermediate locations, with
mobile home less than 50 feet long requiring one
additional tie per side;
( ii) Frame ties be provided at each corner of the home
with five additional ties per side at intermediate
points, with mobile homes less than 50 feet long
requiring four additional ties per side;
(iii) All components of the anchoring system be capable
of carrying a force of 4,800 pounds; and
( iv) Any additions to the mobile home be similarly anchored.
B. Construction Materials and Methods:
1) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistent
to flood and flood related erosion and debris damage.
2) All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood
and flood related erosion and debris damage.
C. Utilities.
1) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
waters into the system; --
2) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood
waters into the systems and discharge from the systems
into flood waters; and
3) On -site waste disposal systems shall be located to avoid
impairment to them or contimination from them during
flooding.
0`ttDINANCE NO. 221
Page 7
1) All subdivision proposals shall be consistent with the need
to minimize flood damage and flood related erosion and debris
damage;
2) All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems
located and constructed to minimize flood and flood related
erosion and debris damage;
3) All subdivision proposals shall have adequate drainage pro-
vided to reduce exposure to flood and flood related erosion
and debris damage; and
4) Base flood elevation data shall be provided for subdivision
proposals and other proposed development which contain at
least 50 lots or 5 acres (whichever is less).
E. Encroachments:
- The cumulative effect of any proposed development, when com-
bined with all other existing and anticipated development,
shall not increase the water surface elevation of the base
flood more than one foot at any point.
28.10.020 Specific Standards. In all areas of special flood hazards
where base flood elevation data has been provided, or can be obtained,
the following provisions are required:
A. Residential Construction:
- New construction and substantial improvement of any residen-
tial structure shall have the lowest floor, including base-
ment, elevated to or above base flood elevation.
B. Non-residential Construction:
New construction and substantial improvement of any commercial,
industrial or other non-residential structure shall either have
the lowest floor, including basement, elevated to the level of
the base flood elevation, or together with attendant utility
and sanitary facilities, shall:
1) Be floodproofed so that below the base flood level, the
structure is watertight with walls substantially imper-
meable to the passage of water;
2) Have structural components capable of resisting hydro-
static and hydrodynamic loads and effects of buoyancy; and
3) Be certified by a registered professional engineer or archi-
tect that the standards of this subsection are satisfied.
Such certifications shall be provided to the Director of
Public Works.
C. Mobile Homes:
1) Mobile homes shall be anchored in accordance with Subsec-
tion A of Section 28.10.010.
2) For new mobile home parks and mobile home subdivisions;
for expansions to existing mobile home parks and mobile
_ home subdivisions; for existing mobile home parks and
mobile home subdivisions where the repair, reconstruction
or improvement of the streets, utilities and pads equals
or exceeds 50 percent of value of the streets, utilities and
pads before the repair, reconstruction or improvement has
commenced; and for mobile homes not placed in a mobile home
park or mobile home subdivision, require that:
( i) Stands or lots are elevated on compacted fill or on
pilings so that the lowest floor of the mobile home
will be at or above the base flood level;
ORDINANCE NO. 221 Page 8
( ii) Adequate surface drainage and access for a hauler are
provided; and
(iii) In the instance of elevation on pilings, that:
a) Lots.are large enough to permit steps;
b) Piling foundations are placed in stable soil no
more than ten feet apart; and
c) reinforcement is provided for pilings more than
six feet above the ground level.
28.10.030 Floodways. Located within areas of special flood hazard
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, sub-
stantial 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. All new construction and substantial improvements shall comply
with all applicable flood hazard reduction provisions of this
Title.
C. Prohibit the placement of any mobile homes, except in an existing
mobile home park or existing mobile home subdivision.
28.10.040 Shallow Flooding. Located within the areas of special
flood hazard are areas designated as shallow flooding and include
areas designated AO on the Flood Insurance Rate Map (FIRM). These
areas have special flood hazards associated with base flood depths
of 1 to 3 feet where a clearly defined channel does not exist and
where the path of flooding is unpredictable and indeterminate;
therefore, the following provisions apply:
A. All new construction and substantial improvements of residential
structures have the lowest floor, including basement, elevated
above the crown of the nearest street to or above the depth
number specified on the community's FIRM.
B. All new construction and substantial improvements of nonresi-
dential structures shall:
1) Have the lowest floor, including basement, elevated above
the crown of the nearest street to or above the depth
number specified on the FIRM; or
2) Together with attendant utility and sanitary facilities,
be completely floodproofed to or above that level so that any
space below that level is watertight with walls substantially
impermeable to the passage of water and with structural com-
ponents having the capability of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy.
CHAPTER 28.12
VARIANCE
28.12.010 Variance. The City Council is established as the Appeals
Board and shal ar and decide appeals and requests for variances
from the requirements of this Title.
28.12.020 Administration. The City Council shall hear and decide
appeals when it is alleged there is an error in any requirement,
decision, or determination made by the Director of Public Works in
the enforcement or administration of this Title. The decision of the
City Council shall be final and binding.
OR^ILNANCE NO. 221 Page 9
28.12.030 Required Findings. In acting upon any appeal, the City
Council shall consider all technical evaluations or relevant factors
and standards specified in this Chapter and:
A. The danger that materials may be swept onto other lands to the
injury of others;
B. The danger to life and property due to flooding or erosion
damage;
C. The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the indivi-
dual owner;
D. The importance of the services provided by the proposed
facility to the community;
E. The necessity to the facility of a waterfront location, where
applicable;
F. The availability of alternative locations, for the proposed use
which are not subject to flooding or erosion damage;
G. The compatibility of the proposed use with existing and anti-
cipated development;
H. The relationship of the proposed use to the comprehensive plan
and flood plain management program for that portion of the City;
I. The safety of access to the property in times of flood for
ordinary and emergency vehicles;
J. The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters and the effects of
wave action, if applicable, expected at the site; and
K. 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.
28.12.040 Issuance of Variances. Variances may be issued for new
construction and substantial improvements to be erected on a lot
of 1/2 acres or less in size contiguous to or surrounded by lots
with existing structures constructed below the base flood level,
if the items referred to in Section 21.12.030 have been fully
considered. As the lot size increases beyond the 1/2 acres, the
technical justification required for issuing the variance increases.
The City Council, acting as the Appeals Board, may attach such con-
ditions to the granting of a variance as it deems necessary to fur-
ther the purpose and objectives of this Title. The Director of
Public Works shall maintain a record of all appeal actions and
report any variances to the Federal Insurance Administration
upon request.
28.12.050 Determination.
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 this Title.
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;
ORDINANCE NO. 221 Page 1:0
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. 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 com-
mensurate with the increased risk resulting from the reduced
lowest floor elevation.
SECTION 2: The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be posted as required by law.
This ordinance shall become effective thirty (30) days after the date
of its adoption.
PASSED, APPROVED, and ADOPTED by the City Council of the City of
Palm Desert, California, at its regular meeting held on the 13th day
of Mnr h , 1980, by the following vote, to wit:
AYES: Brush, Newbrander, Wilson & Mullins
NOES: None
ABSENT: McPherson
ABSTAIN: None
,•ZDWARD D. M{JL INS , MAYOR
ATTEST:
SHEILA R. GILLIGAN,/ITY CLERK
` CITY OF PALM DESERT, CALIFORNIA