HomeMy WebLinkAboutORD 985AN^- �.
ORDINANCE NO.985
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING, IN ITS ENTIRETY, TITLE 28 OF
THE PALM DESERT MUNICIPAL CODE, FLOOD DAMAGE
PREVENTION.
The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as
follows:
Section 1: That Title 28 of the Municipal Code of the City of Palm Desert is amended to
read as follows:
Chapters: 28.02 Statutory Authorization, Findings of Fact, Purpose and Methods
28.04 Definitions
28.06 General Provisions
28.08 Administration
28.10 Provisions for Flood Hazard Reduction
28.12 Variance
28.02 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND
METHODS
28.02.010 STATUTORY AUTHORIZATION. The Legislature of the State of California
has in Government Code Sections 65302, 65560, and 65800 conferred upon local government
unitsauthority to adopt regulations designed to promote the public health, safety, and general
welfare of its citizenry. Therefore, the City Council of Palm Desert does hereby adopt the
following floodplain management regulations.
28.02.020 FINDINGS OF FACT.
A. The flood hazard areas 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. These flood losses are caused by uses that are inadequately elevated, flood
proofed, or protected from flood damage. The cumulative effect of obstructions in areas of
special flood hazards, which increase flood heights and velocities also contribute to the flood
loss.
28.02.030 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 to:
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Ordinance No. 985
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; and streets and bridges located in areas of special flood
hazard;
F. 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 blighted areas caused by flood damage;
G. Ensure that potential buyers are notified that property is in an area of special
flood hazard; and
H. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
28.02.040 METHODS OF REDUCING FLOOD LOSSES. In order to accomplish its
purposes, this ordinance includes methods and provisions to:
A. Restrict or prohibit 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. Require that uses vulnerable to floods, including facilities, which serve such uses,
be protected against flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
D. Control filling, grading, dredging, and other development which, may increase
flood damage; and
E. Prevent or regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards in other areas.
28.04 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.
Ordinance No. 985
"Accessory use" means a use, which is incidental and subordinate to the principal use of the
parcel of land on which it is located.
"Alluvial fan" means a geomorphologic feature characterized by a cone or fan -shaped deposit
of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported
by flood flows, and then deposited on the valley floors, and which is subject to flash flooding,
high velocity flows, debris flows, erosion, sediment movement and deposition, and channel
migration.
"Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is
generally the point where the major stream that formed the fan emerges from.the mountain front.
"Appeal" means a request for a review of the Floodplain Administrator's interpretation of any
provision of this ordinance.
"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."
"Area of special flood -related erosion hazard" is the land within a community, which is most
likely to be subject to severe flood -related erosion losses. The area maybe designated as Zone E
on the -Flood Insurance Rate Map (FIRM).
"Area of special mudslide (i.e., mudflow) hazard" is the area subject to severe mudslides (i.e.,
mudflows). The area is designated as Zone M on the Flood Insurance,Rate Map (FIRM).
"Base flood," means a flood, which has a one percent chance of being equaled or exceeded in
anv given .year (also called the "100-year flood"). Base flood is the term used throughout this
ordinance.
"Basement" means any area of the building having its floor sub -grade - i.e., 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:
Ordinance No. 985
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 the base
flood.
"Building" - see "Structure".
"Development" means any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or materials.
"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation,
buildings, permanent structures or development into a floodplain, which may impede or alter the
flow capacity of a floodplain.
"Existing manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
before the effective date of the floodplain management regulations adopted by a community.
"Expansion to an existing manufactured home park or subdivision" means the preparation
of additional sites by the construction of facilities for servicing the lots on -which the
manufactured homes are to be affixed (including the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads).
"Flood, flooding, or flood water" means:
1. A general and temporary condition of partial or complete inundation of normally
dry land areas from the overflow of inland or tidal waters; the unusual and rapid
accumulation or runoff of surface waters from any source; and/or mudslides (i.e.,
mudflows); and
2. The condition resulting from flood -related erosion.
"Flood Boundary and Floodway Map (FBFM)" 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 floodway.
"Flood Hazard Boundary Map" means the official map on which the Federal Emergency
Management Agency or Federal Insurance Administration has delineated the areas of flood
hazards.
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Ordinance No. 985
"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 community.
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"Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary
and Floodway Map, and the water surface elevation of the base flood.
"Flood -related erosion" means the collapse or subsidence of land along the shore of a lake or
other body of water as a result of undermining .caused by waves or currents of water exceeding
anticipated cyclical level 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 a flash
flood or an abnormal tidal surge, or by some similarly unusually and unforeseeable event which
results in flooding.
"Flood -related erosion area" or " Flood -related erosion prone area" means a land area
adjoining the shore of a lake or other body of water, which due to the composition of the
shoreline or bank and high water levels or wind -driven currents, is likely to suffer flood -related
erosion damage.
"Flood -related erosion area management" means the operation of an overall program of
corrective and preventive measures for reducing flood -related erosion damage, including but not
limited to emergency preparedness plans, flood -related erosion control works, and floodplain
management regulations.
"Floodplain or flood -prone area" means any land area susceptible to being inundated by water
from any source - see "Flooding".
"Floodplain Administrator" is the individual appointed 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 and preserving and enhancing, where possible,
natural resources in the floodplain, including but not limited to emergency preparedness plans,
flood control works, floodplain management regulations, and open space plans.
"Floodplain management regulations" means this ordinance and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances (such as
grading and erosion control) and other application of police power which control development
in flood -prone areas. This term describes federal, state or local regulations in any combination
thereof, which provide standards for preventing and reducing flood loss and damage.
"Flood proofing" 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 (Refer to FEMA Technical
Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet flood proofing.)
Ordinance No. 985
"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".
"Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway"
where encroachment may be permitted.
"Fraud and victimization" as related to Section 6, Variances, of this ordinance, means that the
variance granted must not cause fraud on or victimization of the public. In examining this
requirement, the City Council will consider the fact that every newly constructed building adds
to government responsibilities and remains a part of the community for fifty to one hundred
years. Buildings that are permitted to be constructed below the base flood elevation are subject
during all those years to increased risk of damage from floods, while future owners of the
property and the community as a whole are subject to all the costs, inconvenience, danger, and
suffering that those increased flood damages bring. In addition, future owners may purchase the
property, unaware that it is subject to potential flood damage, and can be insured only at very
high flood insurance rates.
"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, and does not include long-term storage or related
manufacturing facilities.
"Governing body" is the local governing unit, i.e. county or municipality, which is empowered
to adopt and implement regulations to provide for the public health, safety and general welfare
of its citizenry.
"Hardship" as related to Section 6, Variances, of this ordinance means the exceptional
hardship that would result from a failure to grant the requested variance. The City Council
requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere
economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations,
physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot,
as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other
means without granting a variance, even if the alternative is more expensive, or requires the
property owner to build elsewhere or put the parcel to a different use than originally intended.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
"Historic structure" means any structure that is:
Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on the
National Register;
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2. Certified or preliminarily determined by the Secretary of the Interior as
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contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered
historic district;
3. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
4.. Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either by an approved
state program as determined by the Secretary of the Interior or directly by the
Secretary of the Interior in states without approved programs.
"Levee" means a man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control or divert the flow
of water so as to provide protection from temporary flooding.
"Levee system" means a flood protection system, which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and operated in
accord with sound engineering practices.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see
"Basement" definition).
1 1. An unfinished or flood resistant enclosure below the lowest floor that is 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 it conforms to
applicable non -elevation design requirements, including, but not limited to:
a. The anchoring standards in section 5.1 A.
b. The wet flood -proofing standard in section 5.1 C.3.
C. The construction materials and methods standards in section 5.1 B.
d. The standards for utilities in section 5.2.
2. For residential structures, all sub -grade enclosed areas are prohibited as they are
considered to be basements (see 'Basement" definition). This prohibition
includes below -grade garages and storage areas.
"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
attached to the required utilities. The term "manufactured home" does not include a "recreational
vehicle".
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
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Ordinance No. 985
"Market Value" shall be determined by estimating the cost to replace the structure in new
condition and adjusting that cost figure by the amount of depreciation, that has accrued since the
structure was constructed. The cost of replacement of the structure shall be based on a square
foot cost factor determined by reference to a building cost estimating guide recognized by the
building construction industry. The amount of depreciation shall be determined by taking into
account the age and physical deterioration of the structure and functional obsolescence as
approved by the floodplain administrator, but shall not include economic or other forms of
external obsolescence. Use of replacement costs or accrued depreciation factors different from
those contained in recognized building cost estimating guides may be considered only if such
factors -are included in a report prepared by an independent professional appraiser and supported
by a written explanation of the differences.
"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.
"Mudslide " describes a condition where there is a river, flow or inundation of liquid mud down
a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent
accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.
"Mudslide (i.e., mudflow) prone area" means an area with land surfaces and slopes of
unconsolidated material where the history, geology, and climate indicate a potential for
mudflow.
"New construction", for floodplain management purposes, means structures for which the "start
of construction" commenced on or after the effective date of floodplain management regulations
adopted by this community, and includes any subsequent improvements to such structures.
"New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
on or after the effective date of floodplain management regulations adopted by this community.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike,
pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire,
fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or
projecting into any watercourse which may alter, impede, retard or change the direction and/or
velocity of the flow of water, or due to its location, its propensity to snare or collect debris
carried by the flow of water, or its likelihood of being carried downstream.
"One -hundred -year flood" or "100-year flood" - see "Base flood."
"Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with
relatively steep seaward and landward slopes immediately landward and adjacent to the beach
and subject to erosion and overtopping from high tides and waves during major coastal storms.
Ordinance No. 985
The inland limit of the primary frontal dune occurs at the point where there is a distinct change
from a relatively mild slope.
"Public safety and nuisance" as related to Section 6, Variances, of this ordinance means that
the granting of a variance must not result in anything which is injurious to safety or health of an
entire community or neighborhood, or any considerable number of persons, or unlawfully
obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay,
stream, canal, or basin.
"Recreational vehicle" means a vehicle, which is:
Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light -duty truck; and
4. Designed primarily not for use as a permanent dwelling :but as temporary living
quarters for recreational, camping, travel, or seasonal use.
"Regulatory 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.
"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 State or
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.
"Sand dunes" mean 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 in the floodplain subject to a 1 percent or
greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO,
Al-A30, AE, A99 and AH.
"Start of construction" includes substantial improvement and other proposed new development
and means the date the building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180
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Ordinance No. 985
days from the date of the permit. 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 manufacture 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. For a substantial improvement, the actual start of construction means the first
alteration of any � wall, ceiling, floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this includes a
gas or liquid storage tank or a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred. .
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other
proposed new development of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before the "start of construction" of the improvement. This term
includes structures, which have incurred "substantial damage", regardless of the actual repair..,
work performed. The term does not, however, include either:
1. . Any project for improvement of a structure to correct. existing violations or state
or local health, sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary to
assure safe living conditions, or
2. Any alteration of a "historic structure" provided that the alteration would not
preclude the structure's continued designation as a "historic structure".
"Variance" means a grant of 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 this
ordinance. 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.
"Water surface elevation," means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
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Ordinance No. 985
"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
I designated areas in which substantial flood damage may occur.
28.06 GENERAL PROVISIONS
28.06.010 LANDS TO WHICH THIS ORDINANCE APPLIES. This ordinance shall apply
to all areas of special flood hazards within the jurisdiction of Palm Desert.
28.06.020 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of
the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated
September 4. 1986 and accompanying Flood Insurance Rate Maps (FIRMs) and Flood
Boundary and Floodway Maps (FBFMs), dated September 4, 1986, and all subsequent
amendments and/or revisions, are hereby adopted by reference and declared to be a part of this
ordinance. This FIS and attendant mapping 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 City Council by the Floodplain Administrator.
The study, FIRMS and FBFMs are on file at the Public Works Department, Palm Desert Civic
Center, 73-510 Fred Waring Drive, Palm Desert, California.
28.06.030 COMPLIANCE. No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the term of this ordinance and other
applicable regulations. Violation of the requirements (including violations of conditions and
safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing
herein shall prevent the City Council from taking such lawful action as is necessary to prevent
or remedy any violation.
28.060.040 ABROGATION AND GREATER RESTRICTIONS. This ordinance is not
intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this ordinance and another ordinance, easement, covenant, or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
28.06.050 INTERPRETATION. In the interpretation and application of this ordinance, 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.
28.06.060 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
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Ordinance No. 985
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 ordinance shall not create liability on the part
of the City Council, any officer or employee thereof, the State of California, or the Federal
Insurance Administration, Federal Emergency Management Agency, for any flood damages that
result from reliance on this ordinance or any administrative decision lawfully made hereunder.
28.06.070 SEVERABILITY. This ordinance and the various parts thereof are hereby declared
to be severable. Should any section of this ordinance be declared by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a
whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.
28.08 ADMINISTRATION
28.08.010 ESTABLISHMENT OF DEVELOPMENT PERMIT. A development permit
shall be obtained before any construction or other development begins within any area of special
flood hazard established in Section 3.2. 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. Site plan, including but not limited to:
1. For all proposed structures, spot ground elevations at building corners and
20-foot or smaller intervals along the foundation footprint, or one foot
contour elevations throughout the building site; and
2. Proposed locations of water supply, sanitary sewer, and utilities; and
3. If available, the base flood elevation from the Flood Insurance Study
and/or Flood Insurance Rate Map; and
4. If applicable, the location of the regulatory floodway; and
B. Foundation design detail, including but not limited to:
1. Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures; and
2. For a crawl -space foundation, location and total net area of foundation
openings as required in Section 5.I.C.3 of this ordinance and FEMA
Technical Bulletins 1-93 and 7-93; and
3. For foundations placed on fill, the location and height of fill, and
compaction requirements (compacted to 95 percent using the Standard
Proctor Test method); and
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Ordinance No. 985
C. Proposed elevation in relation to mean sea level to which any nonresidential
i structure will be flood proofed, as required in Section 5.1 C.2 of this ordinance and FEMA
Technical Bulletin TB 3-93; and
D. All appropriate certifications listed in Section 4.3 D of this ordinance; and
E. Description of the extent to which any watercourse will be altered or relocated as
a result of proposed development.
28.08.020 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR.; The Director of
Public Works or his designated representative is hereby appointed to administer, implement,
and enforce this ordinance by granting or denying development permits in accord with its
provisions.
28.080030 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN
ADMINISTRATOR. The duties and responsibilities of the Floodplain Administrator shall
include, but not be limited to the following.
A. Permit Review. Review all development permits to determine that:
1. 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, and
4. The proposed development does not adversely affect the carrying capacity
of areas where base flood elevations have been determined but a floodway
has not been designated. For purposes of this ordinance, "adversely
affects" means that the cumulative effect of the proposed development
when combined with all other existing and anticipated development will
increase the water surface elevation of the base flood more than one foot
at any point.
B. Review, Use and Development of Other Base Flood Data.
1. When base flood elevation data has not been provided in accordance with
Section 3.2, the Floodplain Administrator shall obtain, review, and
reasonably utilize any base flood elevation and floodway data available
from a federal or state agency, or other source, in order to administer
Section 5. Any such information shall be submitted to the City Council
for adoption; or
2. If no base flood elevation data is available from a federal or state agency
or other source, then a base flood elevation shall be obtained using one of
two methods from the FEMA publication "Managing Floodplain
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Ordinance No. 985
Development in Approximate Zone A Areas — A Guide for Obtaining and
Developing Base (100-year)_Flood Elevations" dated July 1995 in order to
administer Section 5:
a. Simplified method:
i. 100 year or base flood discharge shall be obtained using the
appropriate regression equation found in a U.S. Geological
Survey publication, or the discharge -drainage area method;
and
ii. Base flood elevation shall be obtained using the Quick-2
computer program developed by FEMA; or
b. Detailed method:
i. 100 year or base flood discharge shall be obtained using the
U.S. Army Corps of Engineers' HEC-HMS computer
program; and
ii. Base flood elevation shall be obtained using the U.S. Army
Corps of Engineers' HEC-RAS computer program.
C. Notification of Other A.Rencies. In alteration or relocation of a watercourse:
1. Notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation;
2. Submit evidence of such notification to the Federal Insurance
Administration, Federal Emergency Management Agency; and
3. Assure that the flood carrying capacity within the altered or relocated
portion of said watercourse is maintained.
D. Documentation of Floodplain Development. Obtain and maintain for public
inspection and make available, as needed the following:
1. Certification required by Section 5.1 C.1 and 5.4 (lowest floor elevations),
2. Certification required by Section 5.1 C.2 (elevation or flood proofing of
nonresidential structures),
3. Certification required by Sections 5.1 C.3 (wet flood proofing standard),
4. Certification of elevation required by Section 5.3 B (subdivision
standards),
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Ordinance No. 985
5. Certification required by Section 5.6 A (floodway encroachments),
6. Information required by Section 5.7 F (coastal construction standards),
I and
7. Reports required by Section 5.8C (mudflow standards).
E. Map Determinations. Make interpretations where needed, as to the exact location
of the boundaries of the areas of special flood hazard. Where there appears to be a conflict
between a mapped boundary and actual field conditions, grade and base flood elevations shall be
used to determine the boundaries of the special flood hazard area. The person contesting the
location of the boundary shall be given a reasonable opportunity to appeal the interpretation as
provided in Section 6.
F. Remedial Action. Take action to remedy violations of this ordinance as specified
in Section 3.3.
28.08.040 APPEALS. The City Council of Palm Desert 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 ordinance.
28.10 PROVISIONS FOR FLOOD HAZARD REDUCTION
,1
f 28.10.010 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 adequately
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
5.4.
B. Construction materials and methods. All new construction and substantial
improvement shall be constructed:
1. With flood resistant materials as specified in FEMA Technical Bulletin
TB 2-93, and utility equipment resistant to flood damage;
2. Using methods and practices that minimize flood damage;
3. With electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located so
15
Ordinance No. 985
as to prevent water from entering or accumulating within the components
during conditions of flooding; and if
4. Within Zones AH or AO, so that there are adequate drainage paths around
structures on slopes to guide floodwaters around and away from proposed
structures.
C. Elevation and flood proofing (See Section 2 definitions for "basement," "lowest
floor," "new construction," "substantial damage" and "substantial improvement".)
1. Residential construction, new or substantial improvement, shall have the
lowest floor, including basement,
a. In an AO zone, elevated above the highest adjacent grade to a
height equal to or exceeding the depth number specified in feet on
the FIRM, or elevated at least two feet above the highest adjacent
grade if no depth number is specified. (The State of California
recommends that in AO zones without velocity the lowest floor be
elevated above the highest adjacent grade to a height exceeding
the depth number specified in feet on the FIRM by at least two
feet, or elevated at least four feet above the highest adjacent
grade if no depth number is specified)
b. In an A zone, elevated to or above the base flood elevation; said
base flood elevation shall be determined by one of the methods in
Section 4.3 B of this ordinance. (The State of California
recommends the lowest floor be elevated at least two feet above
the base flood elevation, as determined by the community.)
C. In all other Zones, elevated to or above the base flood elevation.
(The State of California recommends the lowest floor be elevated
at least two feet above the base flood elevation.)
Upon the completion of the structure, the elevation of the lowest floor including
basement shall be certified by a registered professional engineer or surveyor, and verified
by the community building inspector to be properly elevated. Such certification and
verification shall be provided to the Floodplain Administrator.
2. Nonresidential construction, new or substantial improvement, shall either
be elevated to conform with Section 5.1 C.1 or together with attendant
utility and sanitary facilities:
a. Be flood proofed below the elevation recommended under Section
5.1 C.1 so that the structure is watertight with walls substantially
impermeable to the passage of water;
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Ordinance No. 985
b. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
4
C. Be certified by a registered professional engineer or architect that
the standards of this section (5.1 C.2) are satisfied. Such
certification shall be provided to the Floodplain Administrator.
3. All new construction and substantial improvement with fully enclosed
areas below the lowest floor (excluding basements) that are usable solely
for parking of vehicles, building access or storage, and which are subject
to flooding, shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwater.
Designs for meeting this requirement shall follow the guidelines in FEMA
Technical Bulletins TB 1-93 and TB 7-93, and must exceed the following
minimum criteria:
a. Have 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. 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 floodwater; or
1
b. Be certified by a registered professional engineer or architect.
i
4. Manufactured homes shall also meet the standards in Section 5.4.
28.10.020 STANDARDS FOR UTILITIES.
A. - All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate:
1. Infiltration of flood waters into the systems, and
2. Discharge from the systems into floodwaters.
B. On -site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
28.10.030 STANDARDS FOR SUBDIVISIONS.
A. All preliminary subdivision proposals shall identify the special flood hazard area
and the elevation of the base flood.
B. All subdivision plans will provide the elevation of proposed structure(s) and
pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations
17
Ordinance No. 985
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 subdivisions shall provide adequate drainage to reduce exposure to flood
hazards.
28.10.040 STANDARDS FOR MANUFACTURED HOMES.
A. All manufactured homes that are placed or substantially improved, within Zones
Al-30, AH, and AE on the community's Flood Insurance Rate Map, on sites located:
1. Outside of a manufactured home park or subdivision,
2. In a new manufactured -home park or subdivision,
3. In an expansion to an existing manufactured home park or subdivision, or
4. In an existing manufactured home park or subdivision on a site upon
which a manufactured home has incurred "substantial damage as the
result of a flood,
shall be elevated on a permanent foundation such that the lowest floor of the manufactured
home is elevated to or above the base flood elevation (the State of California recommends at
least two feet above the base flood elevation) and be securely fastened to an adequately
anchored foundation system to resist flotation, collapse, and lateral movement.
B. All manufactured homes that are placed or substantially improved on sites
located within Zones V 1-30, V, and VE on the community's Flood Insurance Rate Map will
meet the requirements of Section 5.4 A and Section 5.7.
C. All manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within Zones Al-30, AH, AE, V1-30, V, and
VE on the community's Flood Insurance Rate Map that are not subject to the provisions of
paragraph 5.4 A will be securely fastened to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement, and be elevated so that either the:
1. Lowest floor of the manufactured home is at or above the base flood
elevation (the State of California recommends at least two feet above the
base flood elevation), or
11
i"-
Ordinance No. 985
2. Manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36
inches in height above grade.
Upon the completion of the structure, the elevation of the lowest floor including basement shall
be certified by a registered professional engineer or surveyor, and verified by the community
building inspector to be properly elevated. Such certification and verification shall be provided
to the Floodplain Administrator.
28.10.050 STANDARDS FOR RECREATIONAL VEHICLES.
A. All recreational vehicles placed on sites within Zones Al-30, AH, and AE on the
community's Flood Insurance Rate Map will either:
1. Be on the site for fewer than 180 consecutive days, and be fully licensed
and ready for highway use — a recreational vehicle is ready for highway
use if it is on its wheels or jacking system, is attached to the site only by
quick disconnect type utilities and security devices, and has no
permanently attached additions, or
2. Meet the permit requirements of Section 4 of this ordinance and the
elevation and anchoring requirements for manufactured homes in Section
5.4 A.
28.10.060 FLOODWAYS. Located within areas of special flood. hazard established in Section
3.2 are areas designated 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
improvement, and, other new development unless certificationby a registered professional
engineer is provided demonstrating that encroachments shall not result in any increase in [the
base] flood elevation during the occurrence of the base flood discharge.
B. If Section 5.6 A is satisfied, all new construction, substantial improvement, and
other proposed new development shall comply with all other applicable flood hazard reduction
provisions of Section 5.
28.10.070 MUDSLIDE (i.e., MUDFLOW) PRONE AREAS
A. The Floodplain Administrator shall review permits for proposed construction of
other development to determine if it is proposed within a mudslide area.
B. Permits shall be reviewed to determine that the proposed site and improvement
will be reasonably safe from mudslide hazards. Factors to be considered in making this
determination include but are not limited to the:
19
Ordinance No. 985
1. Type and quality of soils,
2. Evidence of ground water or surface water problems,
3. Depth and quality of any fill,
4. Overall slope of the site, and
5. Weight that any proposed development would impose on the slope.
C. Within areas, which may have mudslide hazards, the floodplain Administrator
shall require that:
1. A site investigation and further review be made by persons qualified in
geology and soils engineering;
2. The proposed grading, excavation, new construction, and substantial
improvement be adequately designed and protected against mudslide
damages;
3. The proposed grading, excavations, new construction, and substantial
improvement not aggravate the existing hazard by creating either on -site
of off -site disturbances; and
4. Drainage, planting, watering, and maintenance not endanger slope
stability.
28.10.080 FLOOD -RELATED EROSION -PRONE AREA
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. Permit applications 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,
911
Ordinance No. 985
such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other
activities using temporary and portable structures only.
.1
1 2812 VARIANCE PROCEDURE
28.12.010 NATURE OF VARIANCES. The variance criteria set forth in this section of the
ordinance are based on the general principle of zoning law that variances pertain to a piece of
property and are not personal in nature. A variance may be granted for a parcel of property with
physical characteristics so unusual that complying with the requirements of this ordinance
would create an exceptional hardship to the applicant or the surrounding property owners. The
characteristics must be unique to the property and not be shared by adjacent parcels. The unique
characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property
owners.
It is the duty of the City Council to help protect its citizens from flooding. This need is so
compelling and the implications of the cost of insuring a structure, built below flood level, are
so serious that variances from the flood elevation or from other requirements in the flood
ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage
can only be met if variances are strictly limited. Therefore, the variance guidelines provided in
this ordinance are more detailed and contain multiple provisions that must be met before a
variance can be properly granted. The criteria are designed to screen out those situations in
which alternatives other than a variance are more appropriate.
28.12.020 APPEAL BOARD.
A. In passing upon requests for variances, the City Council shall consider all
technical evaluations, all relevant factors, standards specified in other sections of this ordinance,
and the:
1. Danger that materials may be swept onto other lands to the injury of
others;
2. Danger of life and property due to flooding or erosion damage;
3. Susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the existing individual owner and future
owners of the property;
4. Importance of the services provided by the proposed facility to the
community;
5. Necessity to the facility of a waterfront location, where applicable;
21
Ordinance No. 985
6. Availability of alternative locations for the proposed use, which are not
subject to flooding or erosion damage;
7. Compatibility of the proposed use with existing and anticipated
development;
8. Relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
9. Safety of access to the property in time of flood for ordinary and
emergency vehicles;
10. Expected heights, velocity, duration, rate of rise, and sediment transport of
the flood waters expected at the site; and
11. 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.
B. Any applicant to whom a variance is granted shall be given written notice over
the signature of a community official that:
1. The issuance of a variance to construct a structure below the base flood
level will result in increased premium rates for flood insurance up to
amounts as high as $25 for $100 of insurance coverage, and
2. Such construction below the base flood level increases risks to life and
property. It is recommended that a copy of the notice shall be recorded by
the Floodplain Administrator in the Office of the Riverside County
Recorder and shall be recorded in a manner so that it appears in the chain
of title of the affected parcel of land.
C. The Floodplain Administrator will maintain a record of all variance actions,
including justification for their issuance, and report such variances issued in its biennial report
submitted to the Federal Insurance Administration, Federal Emergency Management Agency.
28.12.030 CONDITIONS FOR VARIANCES.
A. Generally, variances may be issued for new construction, substantial
improvement, and other proposed new development 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 that the procedures of Sections 4 and 5 of this ordinance have been
fully considered. As the lot size increases beyond one-half acre, the technical justification
required for issuing the variance increases.
22
Ordinance No. 985
B. Variances may be issued for the repair or rehabilitation of "historic structures" (as
1 defined in Section 2 of this ordinance) upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as an historic structure and
the variance is the minimum necessary to preserve the historic character and design of the
structure.
C. Variances shall not be issued within any mapped regulatory floodway if any
increase in flood levels during the base flood discharge would result.
D. Variances shall only be issued upon a determination that the variance is the
"minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary"
means to afford relief with a minimum of deviation from the requirements of this ordinance. For
example, in the case of variances to an elevation requirement, this means the (governing body)
need not grant permission for the applicant to build at grade, or even to whatever elevation the
applicant proposes, but only to that elevation which the City Council believes will both provide
relief and preserve the integrity of the local ordinance.
E. Variances shall only be issued upon a:
1. Showing of good and sufficient cause;
2. Determination that failure to grant the variance would result in exceptional
"hardship" (as defined in Section 2 of this ordinance) to the applicant; and
3. Determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, or extraordinary public
expense, create a nuisance (as defined in Section 2 - see "Public safety or
nuisance"), cause fraud or victimization (as defined in Section 2) of the
public, or conflict with existing local laws or ordinances.
F. Variances may be issued for new construction, substantial improvement, and
other proposed new development necessary for the conduct of a functionally dependent use
provided that the provisions of sections 6.3 A through 6.3 E are satisfied and that the structure or
other development is protected by methods that minimize flood damages during the base flood
and does not result in additional threats to public safety and does not create a public nuisance.
G. Upon consideration of the factors of Section 6.2 A and the purposes of this
ordinance, the City Council may attach such conditions to the granting of variances as it deems
necessary to further the purposes of this ordinance.
Section 2: The City Clerk shall certify to the passage and adoption of this Ordinance and shall
cause the same to be published once in the Desert Sun, a newspaper of general
circulation, printed, published and circulated within the City of Palm Desert, and the
same shall be in full force and effect thirty (30) days after its adoption.
01
Ordinance No. 985
PASSED, APPROVED and ADOPTED by the City council of the City of Palm Desert,
California, this 26th day of _April_, 2001, by the following vote, to wit:
AYES:
BENSON, CRITES, KELLY, SPIEGEL, FERGUSON
NOES:
NONE
ABSENT:
NONE
ABSTAIN:
NONE
ATTEST:
SHEILA R�GIIiLIGAN, r-iti, Clerk
City of Palm Desert, Cali rnia.
24
JIM�EIjeGU,ON, Mayor
Ci g Pa Desert, California