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Introduced by Michael Davis Seconded by Vice Mayor Lynn Woolsey
ORDINANCE NO. 1712 N.C.S.
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1072 N.C.S.
BY AMENDING ARTICLE 1; SECTION 1-203; ARTICLE 16; and
ARTICLE 26-303.6 (E)
OF THE ZONING ORDINANCE
BE IT ORDAINED BY THE CITY OF PETALUMA AS FOLLOWS:
Section 1. Article 1, Section 1-203 of Zoning Ordinance No. 1072 N.C.S. is
hereby amended by the addition of the following definitions and amending
others as set forth below:
"Levee" : 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" : 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 accordance with sound engineering
practices .
"Manufactured home park or subdivision" a parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
Replace definition of "mobile home" with the following
"Manufactured home" : a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or
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without a permanent foundation when connected to the required utilities.
For flood plain management purposes the term "manufactured home" also
includes park trailers, travel trailers, and other similar vehicles placed on
a site for greater than 180 consecutive days . For .insurance purposes the
term "manufactured home" does not include park trailers, travel trailers,
and other similar vehicles . "
Replace the term(s) "mobile home" with "manufactured home" in the
following definitions: "Mobile Home Access Drive", "Mobile Home Access
Drive, Side" , "Mobile home Access Drive Line" , "Mobile Home Area" , "Mobile
Home Building Line" , "Mobile Home Park" , "Mobile home Park Storage
Area" , "Mobile Home Space" , "Mobile Home Space Line, Front" , "Mobile
Home Space Line, Rear" , "Mobile Home Space Line, Side" , "Mobile Home
Space Width" , "Mobile Home Space Depth" , "Mobile Home Space Corner" .
"Mobile Home Space Interior" , "Mobile Home Space Yard" , "Mobile Home
Space Yard, Front", "Mobile Home Space Yard, Rear", and "Mobile Home
Space Yard, Side".
Section 2. Article 16 of Zoning Ordinance No. 1072 is hereby amended to
read as follows
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FLOODWVAY AND FLC® PLAIN DISTRICTS
16-100 Purpose - To establish land use regulations for properties
situated in floodways and flood plain lands so as to:
A. Minimize property damage from flood waters and safeguard
public health, safety, and general welfare;
B. Protect human life and health;
C. Minimize expenditures of public money for costly flood control
projects;
D. Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the
general public;
E. Minimize prolonged business interruptions;
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F. 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 hazards;
G. Help maintain a stable tax base by providing for the second
use and development of areas of special flood hazard so as to
minimize future flood blight areas;
H. Insure that potential buyers are notified that property is in
an area of special flood hazard; and
I. Insure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
This Article is intended to establish specific restrictions on the
use of those properties or portions of properties which are situated
within the City of Petaluma and within the Petaluma River Basin Flood
Plain and Floodway areas as defined below, and shall apply to all
development within those areas.
16-102 FINDINGS OF FACT
A. T'he flood hazard areas of the City of Petaltuna are subject to
periodic inundation which can result in loss of life and
property, health and safety hazards, disruption of commerce
and goverrnnental 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 can be 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.
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16 -10 3 MEIH®S OF RF~UCI NG FL;OCD L06SES .
In order to accomplish its purposes, this ordinance includes
methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health,
safety, and property due to water or erosion hazards, or which
result in damaging increases in erosion or flood heights or
velocities;
... B.. Requiring that uses vulnerable to floods, including fac,l.ties
which serve such uses, be protected against flood damage at
the time of initial construction;
C. Controlling the alteration of natural floodplains, stream
channels, and natural protective barriers, which help
accommodate or channel flood waters;
D. Controlling filling, grading, dredging, and other development
which may increase flood damage; and,
E. Preventing or regulating the construction of flood barriers
which will unnaturally divert flood waters or which may
increase flood hazards in other areas.
16-200 Flood Plain and Floodway Areas - The Petaluma River Basin.
Flood Plain and Floodway Areas are defined as those areas of
Special Flood Hazard identified by the Federal Insurance
Administration through a scientific and engineering report entitled
"Flood Insurance Study for the City of Petaluma," dated August,
1979, with accompanying Flood Boundary and Floodway Map; and
accompanying Flood insurance Rate Maps. Any official revisions or
dates thereto are hereby adopted by reference and declared to be
a part of this ordinance. This Flood Insurance Study is the
minimtnn area of applicability of this Ordinance and may be
supplemented by studies for other areas which allow implementation
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of this Ordinance and which are recommended to the City Council by
the Floodplain Administrator. Maps and data which reflect this
delineation shall be kept on file in the Office of the Conrra.inity
Development and Planning Director of the City of Petaltm~a, and
shall be available for public examination at reasonable times.
16-300 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 to most reasonable application.
"Alter" in the context of this Article and the changing of a
riverine or drainage channel, shall mean any activity which
decreases, increases or otherwise causes changes to the carrying
capacity of said riverine or drainage channel.
"Appeal" means a request for a review of the Floodplain
Administrator's interpretation of any provision of this ordinance
or a request for a variance.
"Area of Shallow Flooding" means a designated AO, AH or VO Zone on
the Flood Insurance Rate Map (FIRM). 'Ihe base flood depths range
from one to three feet; a clearly defined channel does not exist;
the path of flooding is unpredictable and indeterminate; and,
velocity flow may be evident.
"Area of Special Flood Hazard" means the land in the flood plain
within a community subject to a one percent or greater chance of
flooding in any given year.
"Base flood" means the flood having a one percent chance of being
equalled or exceed in any given year. (also called the "100 year
flood)".
"Basement means any area of the building having its floor subgrade
below ground level on all sides.
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"Breakaway walls" are any type of wall, 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:
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.
"Coastal high hazard area" is the area subject to high velocity
waters, including coastal and tidal inundation or tsunamis. The
area is designated on a Flood Insurance Rate Map (FIRM) as Zone
Vl V30, VE or V.
"Development" means any man-made change or improved real estate
including but not limited to buildings or other structures, mining,
dredging, filling, .grading, paving, excavation., or drilling
operations located within the area of special flood hazard.
"Development Permit" means a zoning permit, grading. permit or
building permit or any other permit, certificate, or license
pertaining to the erection, construction, reconstruction, .moving,
conversion, alteration, or addition to any building or structure
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and the use of any land, building or premise, per the procedure set
forth in Section 16.702.
"Flood or Flooding" means a general and temporary condition of
partial or complete inundation of normally dry land areas from: (1)
the overflow of flood waters, (2) the unusual and rapid
accumulation or runoff of surface waters from any source, and/or
(3) the collapse or subsidence of land along the shore of a lake or
other body of water as a result of erosion or undermining caused by
waves or currents of water exceeding anticipated cyclical levels or
suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated
force of nature, such as flash flood or an abnormal tidal surge, or
by some similarly unusual and unforeseeable event which results in
flooding as defined in this definition.
"Flood Boundary and Floodway Map" means the official map on which
the Federal Emergency Management Agency or Federal Insurance
Administration has delineated both the areas of flood hazard and
the floodway.
"Flood Insurance Rate Map" (FIRM) means an official map of the City
of Petaltmia or Sonama. County, on which the Federal Insurance
Administration has delineated both the areas of special flood
hazards and the risk premium zones applicable to the comrninity.
"Flood Insurance Study" is the official report provided by the
Federal Insurance Administration. 'Ihe report contains flood
profiles, as well as the Flood Boundary-Floodway Map and the water
surface elevation of the base flood.
"Floodplain or flood-prone. area" means any land area susceptible to
being inundated by water from any source (see definition of
"flooding)".
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"Floodplain management" means the operation of an overall program
of corrective and preventive measures for reducing flood damage,
including but not limited to emergency preparedness plans, flood
control works and floodplain management regulations.
Floodplain management regulations" means zoning ordinances,
subdivision regulations, building codes, health .regulations,
special purpose ordinances (such as floodplain ordinance, grading
ordinance and erosion control ordinance) and other applications of
police power. The term describes such state or local regulations
in any combination thereof, which provide standards for the purpose
of flood damage prevention and reduction.
"Floodproofed" means watertight with walls substantially
impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy.
"Floodproofing means any combination of structural and
nonstructural additions, changes, or adjustments to structures
which reduce or eliminate flood damage to real estate or improved
real property, water and sanitary facilities, structures and their
contents.
"Floodway" also referred to as "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
(1) foot.
"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,
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but does not include long-term storage or related manufacturing
facilities.
"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."
"Highest adjacent grade" means the highest natural elevation of the
ground surface prior to construction next to the proposed walls of
a structure.
"Lowest floor" means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure,
usable solely for parking of vehicles, building access or storage
in an area other than a basement area is not considered a
building's lowest floor; provided, that such enclosure is not built
so as to render the structure in violation of the applicable
non-elevation design requirements of this ordinance.
"Manufactured hane" means a structure, transportable in one or more
sections, which is built on a permanent chassis and is designed for
use with or without a permanent foundation when connected to the
required utilities. For floodplain management purposes the term
"manufactured hare" also includes park trailers, travel trailers
and other similar vehicles placed on a site for greater than 180
consecutive days.
"Manufactured hane park or subdivision" means a parcel (or
contiguous parcels) of land divided into two or more manufactured
home lots for sale or rent.
"Mean Sea Level" to read: 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
comrntnity's Flood Insurance Rate Map are referenced.
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"New Construction" means structures for which the "start of
Construction" commenced on or after the effective date of this
ordinance.
"No Net Fill" means any material brought on to a project site
within a flood plain area that would displace flood waters. All
fill shall be offset by the removal of a like amount of material.
This rna,terial may be removed from a portion of the project site; or
it may be removed from a site in the immediate area where the
removal of compensating material from the off-site location can be
determined - to the satisfaction of the City Engineer and the
Sonoma County Water Agency - to result in a reasonable equivalence
of hydrology and hydraulics to the situation before the
development. For purposes of compliance, one or more individual
parcels or an entire reach may demonstrate a "zero net fill"
balance.
"Petaluma River Basin" means all significant flooding sources
affecting the City of Petaluma including the Petaluma River,
Washington Creek, Lynch Creek, Willow Brook, Thompson Creek, Kelly
Creek, Adobe Creek, Capri Creek, Corona Creek, and several minor
tributaries thereto.
"Person" means an individual or his agent, firm, partnership,
association or corporation, or agent of the aforementioned groups,
or this state or its agencies or political subdivisions.
"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 a designated height.
"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 to a level acceptable to the City.
Ways that impacts may be reduced include protecting the structure
or other affected development from flood damages, implementing the
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enforcement provisions of the ordinance or otherwise deterring
future similar violations, or reducing Federal financial exposure
with regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river
(including tributaries,), stream, brook, etc.
"Special flood hazard area (SERA)" means an area having special
flood or flood-related erosion hazards, and shown on an FHBM or
FIRM as Zone A, AO, Al-30, AE, A99, AH, Vo, Vl V30, VE or V.
"Start of Construction" includes substantial improvement, and means
the date the building permit was issued, provided the actual start
of construction, repair, reconstruction, placement, or other
improvement was within 180 days of the permit date. The actual
start means either the first placement of permanent construction of
a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured
home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it
include placement of construction staking; nor does it include the
installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers, or foundations or the
erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds
not occupied as dwelling units or not part of the main structure.
"Structure" means a walled and/or roofed building, including a gas
or liquid storage tank, that is principally above ground, as well
as a manufactured home.
"Substantial Irr}~rovement" 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
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to occur when the first alteration of any wall, ceiling, floor, or
other structural part of the building commences, whether or not
that alteration effects the external dimensions of the structure.
The term does not, however, (1) include any project for the
improvement of a structure to comply with existing state or local
health, sanitary or safety code specifications which are solely
necessary to assure safe living conditions, or, (2) any alteration
of a structure listed on the National Register of Historic Places
or a State or City Inventory of Historic Places.
"Variance" means a grant of relief froth the requirements of this
ordinance which permits construction in a manner that would
otherwise be prohibited by this ordinance.
"Violation" means the failure of a structure or other development
to be fully compliant with the carmunity's floodplain management
regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of
cotrpliance required in this ordinance is presumed to be in
violation until such tirr~ as that docurt~ntation is provided.
16-400 FLOOD PLAIN/FLOG PRC)NE AREA - aCMBINING DISTRICT (FP-C) All
areas within the boundaries of the "Area of Special Flood Hazard"
but outside the "Floodway" areas are hereby zoned to the (FP-C)
Flood Plain - Combining District.
16-401 Effect of Zone - areas zoned Flood Plain-Combining District
(FP-C) the regulations of the underlying zoning district shall be
combined with and apply in addition to the provisions of this
Article. Where any conflict may exist between the requirements of
this ordinance and other zoning districts, the provisions of this
Article shall apply.
16-402 Restrictions in Zone - Any permitted principal use, accessory
use, or conditional use in an underlying zoning district shall
require a development permit in the FP-C District per Section
16.702 and rna.y be permitted only in accordance with the provisions
of this Article.
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16-500 FLOC'~WAY DISTRICT (F-W) - All areas within the boundaries of
the "Areas of Special Flood Hazard" and identified as "Floodway"
areas are hereby rezoned to the F-W (Floodway) Zone.
16-501 Encroachments in Floodway - Since the floodway is an extremely
hazardous area due to the velocity of flood waters which carry
debris, potential projectiles, and erosion potential, no
encroachments within Floodway lands are permitted; including fill,
new construction, intensification of existing use, change to more
intensive use, substantial improvements, and other development,
except as specified herein as permitted or conditional land uses,
and provided that a 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.
16-502 Permitted Uses - Floodway Districts - The following uses are
permitted upon obtaining a Development Permit per Section
16.702 without a Use Permit where modification or removal of native
vegetation, including trees, is not required:
1. Open space agricultural uses not requiring a fence or
closed building such as cropland, orchards, and livestock
feeding and grazing.
2. Circuses, carnivals and other similar transient amusement
enterprises provided a zoning permit has been obtained
from the Community Development and Planning Department.
3. As an ancillary use to a permitted use within an adjacent
zoning district: Loading and unloading areas, and
parking lots, provided there shall be no structural
improvements other than paved driveways, parking areas
and landscaping. All such areas shall be approved by the
City's Site Plan and Architectural Review Committee and
contain no storage of material which may be in conflict
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with Section 16-707.6 or subject to major damage by flood
waters.
4. Modification of Native or Riparian Vegetation - Where
modification or removal of native or riparian vegetation
is required, such modification or removal may be
permitted after obtaining a development permit consisting
of written approval from the Community Development and
Planning Director, provided that such proposed
modifications in the Flood Plain have been found to be
consistent with the General Plan.
5. Any other open type of use as determined by the Zoning
Administration (Director of Community Development and
PLanning) to be of the same general character as the
above permitted uses.
6. Periodic dredging of silt material from the navigable
portions of the Petaluma .River for maintenance purposes,
when said silt material is removed from the floodway
area.
16-503 Conditional Uses - Floodway District - The following uses may
be permitted after approval of a conditional use permit by the City
of Petaluuma:
1. Open air public and private recreational facilities such
as parks, golf courses, and athletic fields.
2. Private and public docking, minoring, and boat launching
facilities, providing such facilities shall be designed
and constructed so as not to restrict the carrying
capacity of the designated floodway.
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3. Aboveground public utility and private service facilities
such as water and sanitation pipe lines, roads, and
bridges, and similar facilities, providing such
facilities shall be designed and constructed so as not to
restrict the carrying capacity of the designated
floodway.
4. Improvements in stream channel alignment, cross section,
and capacity including modification of river bank and
flood protection levels, other than periodic dredging of
material. from the navigable portions of the Petaluma
River for maintenance purposes, when said material is
removed from the floodway area.
5. Loading and unloading areas, and parking lots, provided
there shall be no structural improvements other than
paved driveways, parking areas and landscaping. All such
areas shall be approved by the City's Site Plan and
Architectural Review Committee and contain no storage of
material which may be in conflict with Section. 16-707.6
or subject to major damage by flood waters.
16-600 Prezoning of Flood Hazard Lands - All areas not within the
City of Petaluma but within the boundaries of the "Areas of Special
Flood Hazard" identified by the Federal Insurance Administration
through a scientific and engineering report entitled "The Flood
Insurance Study for the County of Sonoma" dated May 31, 1979, or
any updates thereto and which are also within the City of Petaluma
Planning area as shown on the Petaluma General Plan and
Environmental Design Plan are hereby prezoned to the FP-C (Flood
Plain-Combining Zone) or F-W (Floodway Zone) in accordance with the
principles set out in Sections 16-400 through 16-500 and this
Article.
16-700 General Provisions - The provisions of this Chapter are
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applicable to all Areas of Special Flood Hazard within the City of
Petaluma.
16-701 Compliance - No structure or land shall hereafter be
constructed, located, extended, converted, or altered without full
compliance with the term of this Article and other applicable
regulations. Violations of the provisions of this article by
failure to comply with any of its 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..
16-701.1 Abrogation and Greater Restrictions. This Article is not
intended to repeal, abrogate, or impair any existing easements,
convenants, or deed restrictions. However, where this article and
another article, easement, covenant, or deed restriction conflict
or overlap, whichever imposes the more stringent restrictions shall
prevail.
16-701.2 Interpretation. In the interpretation and application of this
article, 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.
16-702 Development Permit Required - No structure or land shall
hereafter be located, extended, coverted or altered within FP-C
(Flood Plain-Combining Zone) or within F-W (Floodway Zone) lands
without having first received a "development permit" in accordance
with the provisions of this Article; and for developments requiring
Use Permits, with the provisions of Sections 26-500 through 26-512.
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Development permit applications shall be reviewed by the Canrnlnity
Development and Planning Director and the requirements of this
ordinance enforced in accordance with Article 28 (Enforcement,
Violations, Penalties, Enactments) of this Zoning Ordinance.
Application for a Development Permit shall be made on forms
furnished by the Floodplain Administrator and may include, but not
be limited to: plans drawn to scale showing the nature, location,
dimensions, and elevation of the area in question; existing or
proposed structures, fill, storage of materials, drainage
facilities; and the location of the foregoing. Specifically, the
following information is required:
A. Proposed elevation in relation to mean sea level, of the
lowest floor (including basement) of all structures; in Zone AO or
VO, elevation of highest adjacent grade and proposed elevation of
lowest floor of all structures.
B. Proposed elevation in relation to mean sea level to which any
structure will be floodproofed:
C. All appropriate certifications listed in Section 16-800.3 of
this ordinance; and
D. Description of the extent to which any watercourse will be
altered or relocated as a result of proposed development.
16-702.1 Designation of the Floodplain Administrator. The Comrnuzity
Development and Planning Director or his/her designee is hereby
appointed to administer and implement this ordinance by granting or
denying development permits in accordance with its provisions.
16-703 Residential Construction (except Mobile Home Parks) - New
construction and substantial improvement of any residential
structure permitted in FP-C (flood Plain-C,orril~ining) Zones shall
have the lowest habitable floor, including basement, elevated at
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least 12 inches above the level of the base flood elevation or
depth number specified on the FIRM (Flood Insurance Rate Map),
whichever applies to the area, unless otherwise restricted in
Section 16-703.2. Upon the completion of the structure the
elevation of the lowest floor including basement shall be certified
by a registered professional engineer or surveyor, to be properly
elevated. The datum for this elevation shall be as specified in
this Article. Such certification or verification shall be provided
to the Floodplain Administrator.
16-703.1 Manufactured Hame Parks - No new manufactured homes shall
be placed within floodway areas. Existing Manufactured home parks
within flood plain areas may be expanded and new manufactured home
parks constructed only where the ground elevation of each
manufactured home pad of such park is elevated at least 12 inches
above the base flood elevation, unless otherwise restricted in
Section 16-703.2, and adequate access and drainage are provided.
Existing manufactured have parks in floodway areas may not be
expanded under any circumstances.
16-703.2 A zero net fill policy covers the area along the Petaluma
River west of the freeway, upstream of the Payran Street Bridge and
including the area along Willowbrook Creek east of the freeway
downstream of Old Redwood Highway (this area known generally as
Redwood Business Park II). In this area, clearance above base 100
year flood elevation for finished floors shall be a minimum of two
feet, and zero net fill as defined shall apply to any proposed
development activity.
16-704 Nonresidential Construction - New construction and substantial
improvement of any commercial, industrial or other nonresidential
structure shall be subject to the restrictions of this Article, and
shall either have the lowest floor, including basement, elevated 12
inches or more above the level of the base flood elevation or depth
number specified on the FIRM (Flood Insurance Rate Map) unless
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otherwise restricted in Section 16-704.1; or, together with
attendant utility and sanitary facilities, shall:
(A) be floodproofed so that below the base flood level the
structure is watertight with walls substantially impermeable to the
passage of water;
(B) have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
(C) be certified by a registered professional engineer or architect
that the standards of this subsection are satisfied. Such
certifications shall be provided to the Floodplain Administrator.
16-704.1 A zero net fill policy covers the area along the PetalLm~a
River west of the freeway, upstream of the Payran Street Bridge and
including the area along Willowbrook Creek east of the freeway
downstream of Old Redwood Highway (this area known generally as
Redwood Business Park II). In this area, clearance above base 100
year flood elevation for finished floors shall be a minim~nn of two
feet, and zero net fill as defined shall apply to any proposed
development activity.
16-705 STAI~IDARDS OF OCt~1STRLJGTION. In all areas of special flood
hazards designated FP-C the following standards are required:
16-705.1 Anchoring
A. All new construction and substantial improvements shall be
anchored to prevent flotation, collapse, or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy.
B. All manufactured homes shall meet the anchoring standards of
Section 16.707.1.
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16-705.2 Construction Materials and Methods
A. All new construction and substantial improvements shall be
constructed with materials and utilize equipment resistant to flood
damage.
B. All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood damage.
C. All new construction and substantial improvements shall be
constructed with electrical, heating, ventilation, plumbing and air
conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
D. All new construction and substantial improvements within Zones
AH, AO or VO, shall provide adequate drainage paths around
structures on slopes to guide flood waters around and away from
proposed structures.
16-705.3 Elevation and Floodproofing
A. All new construction and substantial improvements, shall
insure that fully enclosed areas below the lowest floor that are
subject to flooding shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the
entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered professional
engineer or architect or meet or exceed the following minm~un
criteria:
1. A minimtnn of two openings having a total net area of not
less than one square inch for every square foot of enclosed
area subject to flooding shall be provided. The bottom of all
openings shall be no higher than one foot above grade.
Openings may be equipped with screens, louvers, valves or
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other coverings or devices provided that they permit the
automatic entry and exit of floodwaters; or
2. Be certified to comply with a local floodproofing
standard approved by the Federal Insurance Administration.
B. Manufactured homes shall also meet the standards in Section
16-707.1.
16-706 Utilities - (1) All new and replacement water supply and
sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the system and discharge from
systems into flood waters; (2) On-site water and sewage disposal
systems shall be located to avoid impairment to them or
contamination from them during flooding.
16-707 Subdivision Proposals - All subdivision proposals shall
comply with the following requirements:
1. Subdivision Design - All subdivision proposals shall be
consistent with the need to minimize flood damage.
2. Subdivisions - Utilities - All subdivision proposals
shall have public utilities and facilities such as sewer, gas,
electrical, and water systems located and constructed to
minimize flood damage.
3. Subdivisions - Drainage - All subdivision proposals shall
have adequate drainage provided to reduce exposure to flood
damage.
4. Street Elevation Data - Base flood elevation data shall
be provided for all subdivision proposals within FP-C (Flood
Plain-Combining Zone ) lands.
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5. Subdivisions - Erosion Control - The perimeters of all
earth pads permitted within (FP-C) flood plain areas shall be
engineered to prevent erosion of the pad due to water
velocities of base flood. A registered professional engineer
shall certify that this subsection is satisfied and a copy of
such certification shall be provided to the City Engineer and
Chief Building Inspector.
6. Subdivisions - Storage in Areas of Special Flood Hazard -
The storage or processing of materials that are in time of
flooding buoyant, explosive, or could be injurious to
property, structures, htunan, animal or plant life is
prohibited in FP-C and F-W districts.
7. Subdivisions - Certification of Floodproof.ing - All
structures requiring flood proofing shall. be so designed so
that below the base flood level the structure is water tight
with walls substantially impermeable to the passage of water
and with structural components having the capacity of
resisting hydrostatic and hydrodynamic loads with effects of
buoyancy. A registered professional engineer or architect
shall certify that the standards of this subsection are
satisfied and a copy of such certification shall be provided
to the Director of Public Works and the Chief Building
Inspector.
16-707.1 Standards for Manufactured Hanes. All new and replacement
manufactured hares and addition to manufactured homes shall:
A. Be elevated so that the lowest floor is at or above the base
flood elevation; and
B. Be securely anchored to a permanent foundation system to
resist flotation, collapse or lateral movement.
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16-800 Duties & Responsibilities of the Comrnmity Development and
Planning Department - It shall be the duty of the Comrnznity
Development and Planning Department to:
1. Review all development permits to assure that the permit
.requirements of this ordinance have been satisfied, and to
insure that construction of development sites are reasonably
safe from flooding.
2. Review permits for proposed development to assure that
all necessary permits have been obtained from those Federal,
State or Local governmental agencies from which prior approval
is required.
3. All records required to be kept pertaining to the
provisions of this Chapter shall be maintained in the Office
of Cc~rrnznity Development and Planning Department shall be open
for public inspection. In regard to this item, the following
information is required to be submitted by the applicant:
(A) Elevation in relation to mean sea level, of the
lowest habitable floor (including basement) of all
structures as certified by a registered professional
engineer or licensed land surveyor;
(B) Elevation in relation to mean sea level to which any
structure has been floodproofed;
(C) Certification by a registered professional engineer
or architect that the floodproofing methods for any
nonresidential structure meet the floodproofing
requirements stated in Section 16-704; and,
(D) Description of the extent to which any watercourse
will be altered or altered or relocated as a result
of proposed development.
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4. Require as a condition of development approval that
maintenance is provided within the altered or relocated
portion of any watercourse affected or disturbed by the
project so that the flood carrying capacity is not adversely
affected. For purposes of this article, "adversely affected"
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.
5. Use of Other Base Flood Data. When base flood elevation
data has not been provided in accordance with Section 16-200,
the Floodplain Administrator shall obtain, review, and
reasonably utilize any base flood elevation and floodway data
available from a Federal, State or other source, in order to
administer Section 16-705. Any such information shall be
submitted to the City Council for adoption.
6. Whenever a riverine is to be altered or relocated:
(1) Notify the California Department of Water Resources
prior to such alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal
Insurance Administration;
(2} Require that the flood carrying capacity of the
altered or relocated portion of said watercourse is
maintained.
7. Obtain and maintain for public inspection and make
available as needed:
(1) the certification required in Section 16-800.3(1)
(floor elevations);
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(2) the certification required in Section 16-703
(elevations in areas of shallow flooding);
(3) the certification required in Section 16-704
(elevation or floodproofing of non-residential
structures);
(4) the certification required in Section 16-705.3A(l)
or 16-705.3A(2) (wet floodproofing standard);
(5) the certified elevation required in Section 16.707.5
(subdivision standards);
(6) the certification required in Section 16-.501
(floodway encroachments).
8. Make interpretations where needed, as to the exact
location of the boundaries of the. areas of special flood
hazards (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions). The
person contesting the location of the boundary shall be given
a reasonable opportunity to appeal the interpretation as
provided in Section 26-202.
9. Take action to remedy violations of this article as
specified in Section 16-701 herein.
16-900 Warning and Disclaimer of Liability - The degree of flood
protection required by this Article is considered reasonable
for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur
on occasion. Flood heights may be increased by man-made or
natural causes. This Article does not imply that land outside
the areas of special flood hazards or uses permitted within
such areas will be free from flooding or flood damages. This
Article shall not create liability on the part. of the City of
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Petaluma. or by any officer or employee thereof for any flood
damages that result from reliance on this Article or any
administrative decision made thereunder.
ARTICLE 26 AMFIVEMI~IVI' - Amend Section 26-303.6 (Conditions for Variances
in Floodways) as follows:
E. Any applicant to whom a variance is granted shall be given written
notice that if any structure is permitted to be replaced with a
lowest floor elevation below the base flood elevation that the cost
of flood insurance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation. A copy of the
.notice shall be recorded by the Floodplain Administrator in the
office of the Sonoma County Recorder and shall be recorded in a
manner so that it appears in the chain. of title of the affected
parcel of land.
Section 3. The City Council further finds that said Planning Commission
held public hearings on said proposed amendments to Zoning Ordinance No.
1072 N.C.S., on November 10 and December 8, 1987 after giving notice of
said .hearings in the manner, for the period and in the form required by
said Ordinance No. 1072 N.C.S.
Section 4. The City Council finds that the requirements of California
Envirorunental Quality Act Guidelines Section 15083 have been satisfied
and hereby incorporates by reference the Negative Declaration approved
by Resolution No. N.C.S.
Section 5. The City Council hereby finds that the proposed amendments
are in general conformity with the Petaluma General Plan and any
applicable Environmental Design Plan, and further, that the public
health, safety and general welfare will be furthered by the proposed
amendments .
Section 6. Pursuant to the provisions of Zoning Ordinance No. 1072
N.C.S., and based upon the evidence it has received and in accordance
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