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HomeMy WebLinkAbout2113ORDINANCE NO. 2113 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 8.68, FLOOD DAMAGE PREVENTION, MODIFYING FLOODPROOFING AND FREEBOARD REQUIREMENTS FOR MECHANICAL AND UTILITY EQUIPMENT, AND FOR MANUFACTURED HOMES City Attorney's Summary The Community Rating System (CRS)is a voluntary program that provides flood insurance premium discounts to communities that implement programs and measures that exceed the minimum floodplain management requirements of the National Flood Insurance program (NFIP). The CRS credits community efforts that exceed the minimum floodplain management requirements of the NFIP. The Federal Emergency Management Agency requested certain amendments to Chapter 8.68 to modify floodproofing and freeboard requirements for mechanical and utility equipment and for manufactured homes to exceed those requirements. This ordinance accomplishes those requested amendments. WHEREAS, on March 12, 2008, the Palm Springs City Council adopted Ordinance No. 1739, repealing Sections 93.17.00 through 93.17.18 of the Palm Springs Zoning Code, and adopting Chapter 8.68 "Flood Damage Prevention" of the Palm Springs Municipal Code -land WHEREAS, the Federal Emergency Management Agency (FEMA) has requested certain amendments to the ordinance to modify floodproofing and freeboard requirements for mechanical and utility equipment and for manufactured homes; THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. SECTION 8.68.170 AMENDED. Section 8.68.170 (Standards of Construction) of Chapter 8.68 (Flood Damage Prevention) of Title 8 (Buildings and Construction) of the Palm Springs Municipal Code is hereby amended to read as follows: "8.68.170. Standards of Construction. (a) [Text unchanged] (b) Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed: Ordinance No. 2113 Page 2 (1) With flood resistant materials; and utility equipment resistant to flood damage for areas below the base flood elevation; (2) Using materials that minimize flood damage; (3) With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located a minimum of one -foot above Base Flood Elevation (BFE) so as to prevent water from entering or accumulating within the components during conditions of flooding; and (4) Within all Special Flood Hazard Areas (SFHA) zones, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. (c) Elevation and Floodproofing. (1) Residential Construction [Text unchanged] (2) Nonresidential Construction [Text unchanged] (3) Flood Openings [Text unchanged] (4) Manufactured Homes [Text unchanged] (5) Garages and Low Cost Accessory Structures. (A) Attached Garages. [Text unchanged] (B) Detached Garages and Accessory Structures. (i)"Accessory structures" used solely for parking (two car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 8.68.050, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements: a. [Text unchanged] b. [Text unchanged] c. [Text unchanged] d. Any mechanical and utility equipment in the accessory structure must be elevated one -foot above the BFE or floodproofed; e. [Text unchanged] (ii) [Text unchanged] (6) Crawlspace Construction. [Text unchanged]" SECTION 2. SECTION 8.68.200 AMENDED. Section 8.68.2004-70 (Standards of Construction) of Chapter 8.68 (Flood Damage Prevention) of Title 8 (Buildings and Construction) of the Palm Springs Municipal Code is hereby amended to read as follows: "8.68.200. Standards for manufactured homes. (a) [Text unchanged] (b) All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH and AE on the city's flood insurance rate map that are not subject to the provisions of Section 8.68.200(a) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement, and be elevated so that the lowest floor of the manufactured home is at least two -feet above the base flood elevation. Ordinance No. 2113 Page 3 Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator." SECTION 3. CEQA. This action is exempt from environmental review under Section 15308 of the California Environmental Quality Act because it is an action by a regulatory agency for the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The regulations will prevent flooding that can harm groundwater, wildlife and plants, sensitive habitats, and human health. In addition, adoption of these standards is mandatory to conform to federal regulations required by the National Flood Insurance Program. As a result, the adoption of this ordinance is a ministerial action that is statutorily exempt from CEQA under Public Resources Code Section 21080(b)(1) and CEQA Guidelines Section 15268. SECTION 4. The Mayor shall sign and the City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 11 TH DAY OF JUNE 2025. R DEHARTE MAYOR ATTEST: BRENDA PREE, MMC, CERA CITY CLERK Ordinance No. 2113 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF PALM SPRINGS) I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2113 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 28th day of May and adopted at a regular meeting of the City Council held on the 11th day of June 2025 by the following vote: AYES: Councilmembers Ready, Garner, Bernstein, Mayor Pro Tem Soto, and Mayor deHarte NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 1:- E day of July 2025. Awt'e� BREN REE, MMC, CERA CITY CLERK I