HomeMy WebLinkAbout1550 - ORDINANCES - 11/19/1997 ORDINANCE NO. 1550
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ,AMENDING
SECTIONS 9317.00 THROUGH 9317.17 OF THE PALM SPRINGS ZONING
ORDINANCE, CONCERNING FLOOD DAMAGE PREVENTION.
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WHEREAS Flood hazard areas of the City of Palm Springs 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; .and
WHEREAS Flood losses are caused by the cumulative effect of obstructions in areas of
special flood hazards which increase flood heights and velocities, and when inadequately
anchored, damage uses in other areas; and uses that are inadequately floodproofed,
elevated or otherwise unprotected from flood damage also contribute to the flood loss,
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, as follows:
Section 1 . Sections 9317.00 through 931 7.1 7 of the Palm Springs Zoning Ordinance are
hereby amended to read, as follows:
SECTION 9317.00 FLOOD DAMAGE PREVENTION
A. Flood hazard areas of the City of Palm Springs are subject to periodic inundation
which results in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of which adversely affect ,
the public health, safety and general welfare.
B. Flood losses are caused by the cumulative effect of obstructions in areas of special
flood hazards which increase flood heights and velocities, and when inadequately
anchored, damage uses in other areas. Uses that are inadequately floodproofed,
elevated or otherwise unprotected from flood damage also contribute to the flood
loss.
SECTION 9317.02 PURPOSE
It is the purpose of Section 9317.00 et seq 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:
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, street and bridges Located in areas of special
flood hazards;
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 flood blight areas;
G. Insure that potential buyers are notified that property is in an area of special flood
hazard; and Scoo
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Page 2
H. Insure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
SECTION 9317.03 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, Section 9317.00 et seq 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 increase in erosion or in flood
heights or velocities;
B. Require the 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 flood plains, stream channels and natural protective
barriers, which help accommodate or channel flood waters;
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
flood waters or which may increase hazards in other areas.
' SECTION 9317.04 DEFINITIONS
A. Unless specifically defined in Section 9317.00 et seq, words or phrases used in
said Section shall be interpreted so as to give them the meaning they have in
common usage and to give this Chapter its most reasonable application.
1 . "Accessory use" means a use which is incidental and subordinate to the
principal use of the parcel of land on which it is located.
2. "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.
3. "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.
4. "Appeal" means a request for a review of the Floodplain Administrator's
' interpretation of any provision of Section 9317.00 et seq or a request for
variance from the requirements of said Section.
5. "Area of shallow flooding" means a designated AO 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 and flood related erosion
and debris may be evident. Such flooding is characterized by pending or sheet
flow.
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Page 3
6. "Area of special flood hazard" means a designated Zone A or Zone A2-Al3 as
identified in the Flood Insurance Study for the City of Palm Springs, dated
March 2, 1983. '
7. "Base flood" means a 'flood which has a one percent chance of being equaled
or exceeded in any given year (also called the "100-year flood"). Base flood is
the term used throughout this ordinance.
8. "Basement" means any area of the building having it's floor subgrade i.e.,
below ground level - on all sides.
9. "Building" - see "Structure".
10. "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 located within the area of special flood hazards.
11 . "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.
12. "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.
13. "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).
14. "Flood flooding, or flood water" means:
a. general and temporary condition of partial or complete iinundation 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.
b. the condition resulting from flood-related erosion - see "'Flood-related
erosion".
15. "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 flood hazard and the floodway.
16. "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.
17. "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.
18. "Flood Insurance Study" means the official report provided by the Federal
Insurance Administration that includes flood profiles, the Flood Insurance Rate
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Ord. No. 1550
Page 4 JCq
Map, the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
' 19. "Floodplain or flood-prone area" means any land area susceptible to being
inundated by water from any source - see "Flooding".
20. "Floodplain Administrator" means the City Engineer, who is appointed to
administer and enforce the floodplain management regulations.(Ord. 74, 5n8i94)
21 . "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.
22. "Floodplain management regulations" means Section 9317.00 et seq and
other zoning ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as grading and erosion control)
and other applications of police power, which control development in flood-
prone areas. The term describes federal, state or local regulations in any
combination thereof, which provide standards for preventing and reducing
flood loss and damage.
23. "Floodproofing" means any combination of structural and nonstructural
additions, changes, or adjustment to structures which reduce or eliminate
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
24. "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").
25. "Floodway fringe" is that area of the floodplain on either side of the
"Regulatory Floodway" where encroachment may be permitted.
26. "Fraud and victimization" as related to Section 9317.17.D.3, Variances means
that the variance granted must not cause fraud on or victimization of the
public. In examining this requirement, the Planning Commission 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.
27. "Freeboard" means the height of the object above the water surface, usually
' applied as a safety factor in hydrologic design practice.
28. "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.
29. "Governing body" is the City of Palm Springs.
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Page 5
30. "Hardship" as related to Section 9317.17.D.2. Variances, means a condition
where because of special circumstances applicable to the subject property,
including size, topography, location, or surroundings, the strict application of '
the requirements of this ordinance would significantly deprive the subject
property of privileges enjoyed by other properties in the vicinity and under
identical zone classifications. Mere economic or financial difficulties alone is
not considered sufficient to constitute hardship. Inconvenience, aesthetic
considerations, physical handicaps, personal preferences, or the disapproval of
one's neighbors likewise cannot, as a rule qualify as a 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.
31 . "Highest adjacent grade" means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
32. "Historic structure" means any structure that is:
a. 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;
b. certified or preliminarily determined by the Secretary of the Interior as
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;
C. 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
d. 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 with approved programs.
e. individually listed on the official city historical register pursuant to Chapter
8.05 of the Palm Springs Municipal Code or the official city inventory of
historical or architecturally-significant sites, places or landmarks.
33. "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.
34. "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 accordance with sound engineering
practices. '
35. "Lowest floor" means the lowest floor of the lowest enclosed area, - including
basement (see "Basement" definition).
a. an unfinished or i'lood 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:
(1) the wet floodproofing .standard in Section 9317.18.A.3.c ic
Ord. No. 1550 "
Page 6
(2) the anchoring standards in Section 9317.18.A.1
' (3) the construction materials and methods standards in Section
9317.18.A.2
(4) the standards for utilities in Section 9317.18.13
b. for residential structures, all subgrade enclosed areas are prohibited as
they are considered to be basements (see "Basement" definition). This
prohibition includes below-grade garages and storage areas.
36. "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".
37. "Manufactured home park or subdivision" means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for sale or
rent.
38. "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.
39, "New construction", for floodplain management purposes, means structures
for which the "start of construction" commenced on or after the effective date
floodplain management regulations adopted by this community, and includes
any subsequent improvements to such structures.
40. "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.
41 . "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.
42. "One hundred year flood" or "100-year flood" - See "Base flood."
43. "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 subdivision.
44. "Public safety and nuisance" as related to Section 9317.17, Variances, 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.
45. "Recreational vehicle" means a vehicle which is:
Ord. No. 1550
Page 7
a. built on a single chassis;
b. 400 square feet or less when measured at the largest horizontal '
projection;
C. designed to be self-propelled or permanently towable by a light-duty truck;
and
d. designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
46. "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.
47. "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.
48. "Riverine" means relating to, formed by, or resembling a river (including '
tributaries), stream, brook, etc.
49. "Sheet flow area" - see "Area of shallow flooding".
50. "Special flood hazard area (SFHA)" means an area having special flood or
flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO,
A 1-30.
51 . "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 one hundred eighty
(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 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.
52. "Structure" means a walled and roofed building, that is principally above
ground, this includes a gas or liquid storage tank or a manufactured home.
53, "Substantial darnage" 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 fifty (50) percent of the market value of the structure
before the damage occurred.
C7
Ord. No. 1550 8
Page 8 ii v
54. "Substantial improvement" means any reconstruction, addition, or other
proposed new development of a structure, the cost of which equals or
' exceeds fifty (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:
a. any project for improvement of a structure with correct existing violations
or state or local health, sanitary, or safety code specifications which
solely have been identified by the local code enforcement official and
which are the minimum necessary to assure safe living conditions, or
b. any alteration of a "historic structure", provided that the alteration will
not preclude the structure's continued designation as a "historic
structure".
55. "Variance" means a grant of relief from the requirements of Section 9317.00
et seq which permits construction in a manner that would otherwise be
prohibited by said Section.
56. "Violation" means the failure of a structure or other development to be fully
compliant with Section 9317.00 at seq. A structure or other development
without the elevation certificate, other certifications, or other evidence of
compliance required in Section 9317.00 et seq is presumed to be in violation
until such time as that documentation is provided.
57. "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.
58. "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 designated areas in which substantial flood
damage may occur.
SECTION 9317.05 APPLICATION OF THIS SECTION
Section 9317.00 et seq shall apply to all "special flood hazards areas" within the
jurisdiction of the City of Palm Springs.
SECTION 9317.06 BASIS FOR ESTABLISHING SPECIAL FLOOD HAZARD AREAS
The "special flood hazard areas" identified by the Federal Insurance Administration (FIA) of
the Federal Emergency Management Agency (FEMA) in a Flood Insurance Study (FIS) dated
September 2, 1982 and accompanying Flood Insurance Rate Maps (FIRMs) and Flood
Boundary and Floodway Maps (FBFMs), dated March 3, 1983, all subsequent amendments
' and/or revisions, are hereby adopted by reference and declared to be a part of Section
9317.00 at seq. This FIS and attendant mapping is the minimum area of applicability of
said Section and may be supplemented by studies for other areas which allow
implementation of said Section and which are recommended to the City Council by the
F-loodplain Administrator. The FIRMs and FBFMs are at 3200 Tahquitz Canyon Way East,
Department of Transportation, Engineering Division. (Ord. 1474, 5/18/94)
SECTION 9317.07 COMPLIANCE
No structure or land shall hereafter be constructed, located, extended, converted or altered
without full compliance with the terms of Section 9317.00 et seq and other applicable
Ord. No. 1550
Page 9
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 of Palm Springs from taking such lawful action as is necessary to ,
prevent or remedy any violation.
SECTION 9317.08 INTERPRETATION
A. In the interpretation and application of Section 9317.00 of seq, all provisions shall
be:
1 . Considered as minimum requirements;
2. Liberally construed in favor of the governing body; arid,
3. Deemed neither to limit nor repeal any other powers granted under state
statutes.
B. Section 9317.00 et seq is not intended to repeal, abrogate or impair any existing
easements, covenant or deed restriction; however, where said Section and another
ordinance, easement, covenant or deed restriction conflict or overlap, whichever
imposes the more stringent restriction shall prevail.
SECTION 9317.09 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by Section 9317.00 et seq is considered
reasonable for regulatory purposes and is based on scientific and engineering
consideration. Larger floods can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. Said Section 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. Said Section shall not create liability' on the part of the City of
Palm Springs, any office or employee thereof, the State of California, oir the Federal
Insurance Administration, Federal Emergency Management Agency, for any flood damages
that result from reliance on said Section or any administrative decision lawfully made
hereunder.
SECTION 9317.10 FLOOD HAZARD REPORT
A Flood Hazard Report shall be obtained from the developer before construction or other
development begins within any special flood hazard area established in Section 9317.06.
The report 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.
The report shall be approved as to adequacy by the City Engineer. Specifically, the
following information is requiredaord, 1474, ei 8194)
1 . Proposed elevation in relation to mean sea level of the lowest floor (including
basement) of all proposed residential structures (in Zone AD, elevation of highest
adjacent grade and proposed elevation of lowest floor of all structures); or
2. Proposed elevation in relation to mean sea level to which any non-residential '
structures will be floodproofed, if required in Section 9317.18.A.3.b; and
3. All appropriate certifications listed in Section 9317.1 2.A; and
4. Description of the extent to which any watercourse will be altered or relocated as a
result of proposed development. Q
SECTION 9317.11 ADMINISTRATION /�
Ord. No. 1550
Page 10 J 00
A. The City Engineer is hereby appointed to administer, implement, and enforce this
Section, by granting or denying development permits in accord with its provisions.
B. The duties and responsibilities of the Floodplain Administrator shall include, but not
limited to the following:(ord. 1474, 5/18/94)
1 . Report Review. Review all Flood Hazard Reports to determine that:
a. report requirements of Section 9317.00 et seq have been satisfied,
b. all other required state and federal permits have been obtained,
C. the site is reasonably safe from flooding, and
d. the proposed development does not adversely affect the carrying capacity
of area where flood elevations have been determined but a floodway has
not been designated. For the purposes of Section 9317.00 et seq,
"adversely affects" means that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base
flood more than one foot at any point.
2. Review and Use of Any Other Base Flood Data. When base flood elevation
data has not been provided in accordance with Section 9317.06, 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 9317.18. Any such information
shall be submitted to the City Council of the City of Palm Springs for adoption.
3. Remedial Action: The Floodplain Administrator shall take action to remedy
violations of Section 9317.00 at seq.
SECTION 9317.12 MAINTENANCE OF INFORMATION
The Floodplain Administrator shall obtain and maintain for public inspection and make
available as needed the following:(Ord. 1474, 5/18/94)
1 . Certification required by Section 9317.18.A.3.a (lowest floor elevations).
2. Certification required by Section 9317.18.A.3.b (elevation or floodproofing of
nonresidential structures),
3. Certification required by Section 9317.18.A.3.c (wet floodproofing standard),
4. Certification of elevation required by Section 9317.1 8.C.2. (subdivision standards),
5. Certification required by Section 9317.18.F.1. (floodway encroachments).
SECTION 9317.13 ALTERATION OF WATERCOURSES
In alteration or relocation of a watercourse, The Floodplain Administrator shall:
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 prior to any alteration or relocation of a
watercourse.; and
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Page 11
3. Assure that the flood carrying capacity within the altered or relocated portion of
said watercourse is maintained.(Ord. 1474, 5/18/94)
SECTION 9317.14 MAP DETERMINATION ,
The Floodplain Administrator shall 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 to the Floodplain Administrator as provided in Section 9317.15
through 931 7.17. (ord. 1474, 5n8194)
SECTION 9317.15 VARIANCE
A. The variance criteria set forth in Section 9317.15 through 9317.17 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 Section
9317.00 et seq would create an exceptional hardship to the applicant or the
surrounding property owners. The; characteristics must be unique to the property
and, in general, not be shared by adjacent parcels. If the characteristics are shared
by adjacent parcels, they must create a similar exceptional hardship to those
parcels as well in order to consider individual variances. 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 Planning Commission of the City of Palm Springs 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.
B. All requests for variances from the requirements of this Section shall be heard by
the Planning Commission of the City of Palm Springs and shall conform with the
variance procedure described in Section 9406.00 of the Palm Springs Zoning
Ordinance.
1 . In passing upon requests for variances, the Planning Commission of the City of
Palm Springs shall consider all technical evaluations, all relevant factors,
standards specified in other sections of Section 9317.00 at seq, ,and the:
a. danger that materials may be swept onto other lands to the injury of
others;
b. danger to life and property due to flooding or erosion damage;
C. susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner and ifuture owners
of the property;
d. importance of the services provided by the proposed facility to the '
community;
e. necessity to the facility of a waterfront location, where applicable;
f. availability of alternative locations, for the proposed use which are not
subject to flooding or erosion damage;
g. compatibility of the proposed use with existing and anticipated
development; ,.r
ie- //
Ord. No. 1550
Page 12 J'C / ?-�
h. relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
' i. safety of access to the property in times of flood for ordinary and
emergency vehicles;
j. expected heights, velocity, duration, rate of rise, and sediment transport
of the flood waters expected at the site; and
k. ciosts of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems, and streets
and bridges.
2. Any applicant to whom a variance is granted shall be given written notice over
the signature of a community official that:
a. the issuance of a variance to construct a structure below the base flood
level will result in the cost of flood insurance being commensurate with
the increased risk resulting from the reduced lowest floor elevation, and
b. such construction below the base flood level increases risks of life and
property. 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.
' 3. 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.
SECTION 9317.16 ISSUANCE OF VARIANCES
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/or surrounded by lots with existing structures constructed below the
base flood level, providing that the procedures of Sections 9317.00 through 9317.14 and
9317.18 herein have been fully considered. As the lot size increases beyond the 1/2 acre,
the technical justification required for issuing the variance increases,(Ord. 1474, 5118/94)
SECTION 9317.17 CONDITIONS FOR VARIANCES
A. Variances may be issued for the reconstruction, rehabilitation of "historic
structures" (as defined in Section 9317.04 of Section 9317.00 et seq) 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.
' B. Variances shall not be issued within any mapped regulatory floodway if any
increase in flood levels during the base flood discharge would result.
C. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief. "Minimum
necessary" means to afford relief with a minimum of deviation from the
requirements of Section 9317.00 at seq. For example, in the case of variances to
an elevation requirement, this means the Planning Commission of the City of Palm
Springs 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
Planning Commission of the City of Palm Springs believes will both provide relief
and preserve the integrity of the local zoning ordinance.
Ord. No. 1550
Page 13
D. Variance 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 9317.04) to the applicant; and
3. determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense,
create nuisance (as defined in Section 9317.04 - see "Public; safety and
nuisance"), cause fraud or victimization (as defined in Section 9317.04) of the
public or conflict with existing local laws or ordinances.
E. 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 Section 9317.17.A through 9317.17.E are
satisfied and that the structure or other development is protected by imethods 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.
F. Upon consideration of the factors of Section 9317.15.6.1 and the purposes of
Section 9317.00 et seq, the Planning Commission of the City of Palm Springs may
attach such conditions to the granting of variance as it deems necessary to further
the purposes of said Section.
SECTION 9317.17a APPEALS '
A. The Planning Commission's decision to deny the issue of a variance under Sections
9317.15 through 9317.17 may be appealed to the City Council of the City of Palm
Springs. The City Council shall hear all such appeals pursuant to the following
provisions:
1 . The provisions of Chapter 2.05 of the Palm Springs Municipal Code shall apply
to the appeal except as modified in this Section 9317.17a.
2. The City Council shall review and consider any findings made by the Planning
Commission under Section !9317.15.B., 9317.16 and 9317.17, testimony
presented by the parties at the City Council hearing, and supporting
documentation submitted by the parties.
B. The Planning Commission 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 Section 9317.00 et seq. The
Planning Commission shall consider any testimony and supporting documentation
presented or submitted to the Planning Commission by the parties regarding the
requirement, decision or determination made under Section 9317.00 et seq.
SECTION 9317.18 FLOOD HAZARD REDUCTION STANDARDS '
A. In all areas of special (all "A, A1-30 and AO" Zones) flood hazards, the following
standards are required in addition to the requirements found in Title 13 of the Palm
Springs Municipal Code.
1. Anchorine
a. all new construction and substantial improvements shall be adequately
anchored to prevent flotation, collapse or lateral movement: of the
525 L
Ord. No. 1550 /
Page 14 e- I
structure resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy.
' b. all manufactured homes shall meet the anchoring standards of Section
9317.18.1)
2. Construction Materials and methods. All new construction and substantial
improvernents shall be constructed:
a. with materials and utility equipment resistant to flood damage;
b. using methods and practices that minimize flood damage;
C. 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; and if
d. within Zone AO, so drat there are adequate drainage paths around
structures on slopes to guide flood waters around and away from
proposed structures.
3. Elevation and Floodproofing. (See Section 9317.04 definitions for "basement,"
"lowestfloor," new construction, substantial damage and substantial
improvement".)
a. Residential construction, new or substantial improvement shall have the
lowest floor, including basement:
(1) in an AO zone, elevated above the highest adjacent grade to a
height exceeding the depth number specified in feet on the FIRM
by at least one foot, or elevated at least three feet above the
highest adjacent grade if no depth number is specified.
(2) in an A zone elevated at least two feet above the base flood
elevation. When no base flood elevation is given, the developer
shall submit a study determining the base flood elevation to the
City Engineer for approval.
(3) in all other Zones, elevated at least one foot above the base flood
elevation. When no base flood elevation is given, the developer
shall submit a study determining the base flood elevation to the
City Engineer for approval.
(4) 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 or
verification shall be provided to the Floodplain Administrator.
b. Nonresidential construction, new or substantial improvement, shall either
be elevated to conform with Section 9317.18.A.3.a., or together with
attendant utility and sanitary facilities:
Ord. No. 1550
Page 15
(1) be floodproofed below the elevation recommended under Section
9317.18.A.3.a so that the structure is watertight with walls
substantially impermeable to the passage of water; '
(2) have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
(3) be certified by a registered professional engineer or architect that
the standards of Section 9317.I8.A.3.b are satisfied. Such
certifications shall be provided to the Floodplain Administrator
via the Building Department.
In addition to the standards set forth in Section 9.60.030 of the Municipal
Code:
C. All new constriction and substantial improvement with fully enclosed
areas below the lowest floor (excluding basements) that are usable solely
for parking of vehicles, building 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 must exceed the following
minimum criteria:
(1) be certified by a registered professional engineer or architect; or '
(2) 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.
(3) In addition to the standards set forth in Section 9.60.030 of the
Municipal Code the following shall apply:
(a) The storage or processing of materials that are in time of
flooding: buoyant, flammable, explosive, or could be.
injurious to human, animal or plant life is prohibited;
(b) Storage of other material or equipment may be allowed if
not subject to major damage by floods and firmly
anchored to prevent flotation or if readily removable from
the area within the time available after flood warning.
4. Manufactured homes shall also meet the standards in Section 9317.18.1).
B. In addition to the standards set forth in Section 9.60.030 of the Palm Springs
Municipal Code:
1. All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate:
a. infiltration of flood water into the systems, and
b. discharge from the systems into flood waters.
Ord. No. 1550
Page 16
C / W
2. On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
C. In addition to the standards set forth in Section 9.60.030 of the Palm Springs
Municipal Code:
1. All preliminary subdivision proposals shall identify the flood hazard area and
the elevation of the base flood.
2. All subdivision plans will provide the elevation of proposed structure(s) and
pads. If the site is filled above the base flood elevation, the lowest floor and
final pad elevations shall be certified by a registered professional engineer or
surveyor and provided to the Floodplain Administrator via the Building
Department.
3. All subdivision proposals shall be consistent with the need to minimize flood
damage.
4. All subdivision proposals shall have public utilities and facilities such as sewer,
gas, electrical, and water systems located and constructed to minimize flood
damage.
' S. All subdivisions shall provide adequate drainage to reduce exposure to flood
hazards.
6. All subdivisions shall submit Conditional Letter of Map Revision (CLOMR) and
Letter of Map Revision (LOMR) applications to the Federal Emergency
Management Agency (FEMA) for approval prior to issuance of building permits
if in a special flood hazard area.
D. In addition to the standards set forth in Section 9207.00 of the Palm Springs
Zoning Ordinance:
1. All manufactured homes that are placed or substantially improved, within Zones
A, Al-30, and AO on the community's Flood Insurance Rate Map, on sites
located
a. outside of a manufactured home park or subdivision,
b: in a new manufactured home park or subdivision,
C. in an expansion to an existing manufactured home park or subdivision,
or
d. 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 at least one foot above the base flood
elevation, and be securely fastened to an adequately anchored foundation
system to resist flotation, collapse or lateral movement. When no base flood
elevation is given, the developer shall submit a study determining the base
flood elevation to the City Engineer for approval.
Ord. No. 1550
Page 17
2. All manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within Zones A, ?il-30, and
AO on the community's Flood Insurance Rate Map that are not subject to the
provisions of Section 9317.18.D.I will be securely fastened to an adequately
anchored foundation system to resist flotation collapse, and lateral movement,
and be elevated so that either the:
a. lowest floor of the manufactured home is at least one foot above the base
flood elevation, or
b. manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than
thirty-six (36) inches in height above grade.
> . All recreational vehicles placed on sites within Zones A, Al-30, and AO on the
community's Flood Insurance Rate Map will either:
1. be on the site for fewer than one hundred eighty (I80) 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 i[he site only
by quick disconnect type utilities and security devices, and has no permanently
attached additions, or
2. meet the permit requirements of Section 93IT10 and the elevation and '
anchoring requirements for manufactured homes in Section 9317.18.D.1.
F. Located within areas of special flood hazard established in Section 9317.04B. are
areas designated as floodways. Since the floodway is an extremely hazardous area
due to the velocity of flood waters which carry debris, potential projectiles, and
erosion potential, the following provisions apply:
1. Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a registered
professional civil engineer is provided demonstrating that encroachments shall
not result in (the base) any increase in flood elevation during the occurrence of
the base flood discharge.
2. If Section 9317.18.F.1. is satisfied, all new construction substantial
improvements, and other proposed new development shall comply with all other
applicable flood hazard reduction provisions of Section 9317.18, Flood Hazard
Reduction Standards.
41 C.
Ord. No. 1550 `" t
Page 18
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30)
days after passage.
' SECTION 3, PUBLICATION. The City Clerk is hereby ordered and directed to certifyto the
passage of this Ordinance, and to cause the same or a summary thereof or a display
advertisement, duly prepared according to law, to be published in accordance with law.
ADOPTED this 19th day of November , 1997.
AYES: Members Barnes, Hodges, Oden, Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
BY _ -�
�: .� tl4�
Clerk Mayor
REVIEWED & APPROVED ,
I HEREBY CERTIFY that the foregoing Ordinance 1550 was duly adopted by
the City Council of the City of Palm Springs, California, in a meeting
held on the 19th day of November, 1997, and that a summary of same was
' published in the DESERT SUN, a newspaper of general circulation on November
9, 1997, and November 26, 1997.
qJ DITH SUMICHC
City Clerk
1