HomeMy WebLinkAbout1739 - ORDINANCES - 3/12/2008 ORDINANCE NO. 1739
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REPEALING SECTIONS 93.17.00
THROUGH 93.17.18 OF THE PALM SPRINGS ZONING
CODE, ADOPTING CHAPTER 8.68 "FLOOD DAMAGE
PREVENTION" OF THE PALM SPRINGS MUNICIPAL
CODE, AND AMENDING SECTIONS 92.20.00, 92.20.01,
AND 92.20.03 OF THE PALM SPRINGS ZONING CODE
TO REPLACE REFERENCES TO THE REPEALED
SECTIONS.
CityAttorney's Summary
This Ordinance repeals the current Flood Damage
Prevention Ordinance located at Sections 93.17.00 through
93.17.18 in the Zoning Code; enacts a new Flood Damage
Prevention Ordinance to be located in Article 8 of the
Municipal Code consistent with National Flood Insurance
Program requirements pursuant to Title 44, Code of Federal
Regulations, Sections 59, 60.3-60.6, and 65.3; and amends
certain sections of Chapter 92.00 of the Zoning Code to
replace references to the current Flood Damage Prevention
Ordinance with references to the new Flood Damage
Prevention Ordinance
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS:
A. The Legislature of the State of California has in Government Code Sections
65302, 65560, and 65800 conferred upon local governments the authority to adopt
regulations designed to promote the public health, safety, and general welfare of its
citizenry-
B. The 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.
C. These flood lasses are caused by uses that are inadequately elevated,
floodproofed, or protected from flood damage.
D. The cumulative effect of obstructions in areas of special flood hazards which
increase flood heights and velocities also contributes to flood losses.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS:
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SECTION 1. REPEALED CODE. Sections 93.17.00 through 93.17.18 of the Palm
Springs Municipal Code are hereby repealed in their entirety.
SECTION 2. ADOPTED CODE. Chapter 8.68 "Flood Damage Prevention" of the Palm
Springs Municipal Code is hereby adopted to read, as follows:
8.68.010 Statutory Authorization.
The Legislature of the State of California has in Government Code Sections 65302,
65560, and 65800 conferred upon local governments the authority to adopt regulations
designed to promote the public health, safety, and general welfare of its citizenry.
Therefore, the City Council of the City of Palm Springs does hereby adopt the following
floodplain management regulations.
8.68.020 Findings of Fact.
A. The 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. These flood losses are caused by uses that are inadequately elevated,
floodproofed, or protected from flood damage. The cumulative effect of obstructions
in areas of special flood hazards which increase flood heights and velocities also
contributes to flood losses.
8.68.030 Statement of Purpose.
It is the purpose of this Chapter to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions in specific
areas by legally enforceable regulations applied uniformly throughout the community to
all publicly and privately owned land within flood prone, mudslide [i.e. mudflow] or flood
related erosion areas. These regulations are 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;
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E. Minimize damage to public facilities and utilities such as water and gas mains;
electric, telephone and sewer lines; and streets and bridges located in areas of
special flood hazard;
F. Help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future blighted areas caused by flood
damage;
G. Ensure that potential buyers are notified that property is in an area of special flood
hazard; and
H. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
8.68.040 Methods of Reducing Flood Losses.
In order to accomplish its purposes, this Chapter includes regulations to:
A. Restrict or prohibit uses which are dangerous to health, safety, and property due to
water or erosion hazards, or which result in damaging increases in erosion or flood
heights or velocities;
E. Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which help accommodate or channel floodwaters;
D. Control filling, grading, dredging, and other development which may increase flood
damage;
E. Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards in other areas; and
8.68.050 Definitions.
Unless specifically defined below, words or phrases used in this Chapter shall be
interpreted so as to give them the meaning they have in common usage and to give this
Chapter its most reasonable application.
"A zone" - see "Special flood hazard area
"Accessory structure" means a structure that is either:
1. Solely for the parking of no more than 2 cars; or
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2. A small, low cost shed for limited storage, less than 150 square feet and $1,500 in
value.
"Accessory use" means a use which is incidental and subordinate to the principal use
of the parcel of land on which it is located.
"Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped
deposit of boulders, gravel, and fine sediments that have been eroded from mountain
slopes, transported by flood flows, and then deposited on the valley floors, and which is
subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement
and deposition, and channel migration_
"Apex" means a point on an alluvial fan or similar landform below which the flow path of
the major stream that formed the fan becomes unpredictable and alluvial fan flooding
can occur.
"Appeal" means a request for a review of the Floodplain Administrator's interpretation of
any provision of this Chapter.
"Area of shallow flooding" means a designated AO or AH zone on the Flood
Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a
clearly defined channel does not exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident. Such flooding is characterized by
pending or sheet flow.
"Area of special flood hazard" - See "Special flood hazard area."
"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 Chapter.
"Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate
Map for zones AE, AH, Al-30, VE and V1-V30 that indicates the water surface
elevation resulting from a flood that has a 1-percent or greater chance of being equaled
or exceeded in any given year.
"Basement" means any area of the building having its floor subgrade - i.e., below
ground level - on all sides.
"Building" - see "Structure
"City" means the City of Palm Springs.
"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.
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"Encroachment" means the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a floodplain which may
impede or alter the flow capacity of a floodplain.
"Existing manufactured home park or subdivision" means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including, at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) was completed before January 6, 1988.
"Expansion to an existing manufactured home park or subdivision" means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
"Flood, flooding, or flood water" means:
1. A general and temporary condition of partial or complete inundation of normally dry
land areas from the overflow of inland or tidal waters; the unusual and rapid
accumulation or runoff of surface waters from any source; and/or mudslides (Le.,
mudflows); and
2. The condition resulting from flood-related erosion.
"Flood Boundary and Floodway Map (FBFM)" means the official map on which the
Federal Emergency Management Agency or Federal Insurance Administration has
delineated both the areas of special flood hazards and the floodway.
"Flood 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.
"Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the base flood.
"Floodplain or flood-prone area" means any land area susceptible to being inundated
by water from any source - see "Flooding."
"Floodplain Administrator" is the community official designated by title to administer
and enforce the floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective
and preventive measures for reducing flood damage and preserving and enhancing,
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where possible, natural resources in the floodplain, including but not limited to
emergency preparedness plans, flood control works, floodplain management
regulations, and open space plans.
"Floodplain management regulations" means this Chapter and other zoning
ordinances, subdivision regulations, building codes, health regulations, special purpose
ordinances (such as grading and erosion control) and other application of police power
which control development in flood-prone areas. This term describes federal, state or
local regulations in any combination thereof which provide standards for preventing and
reducing flood loss and damage.
"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. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins
TB 1-93, TB 3-93, and TB 7-93.
"Floodway" means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot. Also referred to as
"Regulatory Floodway."
"Floodway fringe" is that area of the floodplain on either side of the "Regulatory
Floodway" where encroachment may be permitted.
"Fraud and victimization" as related to Sections 8.68.230 through 8.68.250 of this
Chapter, means that the variance granted must not cause fraud on or victimization of
the public. In examining this requirement, the City Council will consider the fact that
every newly constructed building adds to government responsibilities and remains a
part of the community for fifty to one hundred years. Buildings that are permitted to be
constructed below the base flood elevation are subject during all those years to
increased risk of damage from floods, while future owners of the property and the
community as a whole are subject to all the costs, inconvenience, danger, and suffering
that those increased flood damages bring. In addition, future owners may purchase the
property, unaware that it is subject to potential flood damage, and can be insured only
at very high flood insurance rates.
"Functionally dependent use" means a use which cannot perform its intended
Purpose unless it is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities, and does not include
long term storage or related manufacturing facilities.
"Governing body" is the local governing unit, i.e. the City Council of the City of Palm
Springs, that is empowered to adopt and implement regulations to provide for the public
health, safety and general welfare of its citizenry.
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"Hardship" as related to Sections 8.68.230 through 8.68250 of this Chapter, means the
exceptional hardship that would result from a failure to grant the requested variance.
The City of Palm Springs requires that the variance be exceptional, unusual, and
peculiar to the property involved. Mere economic or financial hardship alone is not
exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal
preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as
an exceptional hardship. All of these problems can be resolved through other means
without granting a variance, even if the alternative is more expensive, or requires the
property owner to build elsewhere or put the parcel to a different use than originally
intended.
"Highest adjacent grade" means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
"Historic structure" means any structure that is:
1. 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;
2. 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;
3. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
4. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either by an approved state program
as determined by the Secretary of the Interior or directly by the Secretary of the
Interior in states without approved programs.
"Levee" means a man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control or divert
the flow of water so as to provide protection from temporary flooding.
"Levee system" means a flood protection system which consists of a levee, or levees,
and associated structures, such as closure and drainage devices, which are constructed
and operated in accord with sound engineering practices.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement
(see "Basement" definition).
1_ An unfinished or flood resistant enclosure below the lowest floor that is usable solely
for parking of vehicles, building access or storage in an area other than a basement
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area, is not considered a building's lowest floor provided it conforms to applicable
non-elevation design requirements, including, but not limited to:
a. The flood openings standard in paragraph 3 of subsection C, of Section
8.68.170;
b. The anchoring standards in subsection A of Section 8.68.170;
c. The construction materials and methods standards in subsection B of Section
8.68.170; and
d. The standards for utilities in Section 8.68.180.
2. 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.
"Manufactured home" means a structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured home" does
not include a "recreational vehicle".
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
"Market value" shall be determined by estimating the cost to replace the structure in
new condition and adjusting that cost figure by the amount of depreciation which has
accrued since the structure was constructed-
1. The cost of replacement of the structure shall be based on a square foot cost factor
determined by reference to a building cost estimating guide recognized by the
building construction industry.
2. The amount of depreciation shall be determined by taking into account the age and
physical deterioration of the structure and functional obsolescence as approved by
the floodplain administrator, but shall not include economic or other forms of external
obsolescence.
Use of replacement costs or accrued depreciation factors different from those contained
in recognized building cost estimating guides may be considered only if such factors are
included in a report prepared by an independent professional appraiser and supported
by a written explanation of the differences.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum
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(NAVD) of 1988, or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
"New construction", for floodplain management purposes, means structures for which
the "start of construction" commenced on or after January 6, 1988, and includes any
subsequent improvements to such structures.
"New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after January 6, 1988.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee,
dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert,
building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in,
along, across or projecting into any watercourse which may alter, impede, retard or
change the direction and/or velocity of the flow of water, or due to its location, its
propensity to snare or collect debris carried by the flow of water, or its likelihood of
being carried downstream.
"One hundred year flood" or "100 year flood" - see "Base flood."
"Program deficiency" means a defect in a community's floodplain management
regulations or administrative procedures that impairs effective implementation of those
floodplain management regulations.
"Public safety and nuisance" as related to Section 8.68.230 through 8.68.250 of this
Chapter, means that the granting of a variance must not result in anything which is
injurious to safety or health of an entire community or neighborhood, or any
considerable number of persons, or unlawfully obstructs the free passage or use, in the
customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
"Recreational vehicle" means a vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
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"Regulatory floodway" means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot.
"Remedy a violation" means to bring the structure or other development into
compliance with State or local floodplain management regulations, or if this is not
possible, to reduce the impacts of its noncompliance. Ways that impacts may be
reduced include protecting the structure or other affected development from flood
damages, implementing the enforcement provisions of this Chapter or otherwise
deterring future similar violations, or reducing State or Federal financial exposure with
regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
"Sheet flow area" - see "Area of shallow flooding."
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one
(1) percent or greater chance of flooding in any given year. It is shown on an FHBM or
FIRM as Zone A, AO, Al-A30, AF, A99, or, AH.
"Start of construction" includes substantial improvement and other proposed new
development and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within 180 days from the date of the permit. The actual start means
either the first placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufacture home on a
foundation. Permanent construction does not include land preparation, such as
clearing, grading, and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or not
part of the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other structural part
of a building, whether or not that alteration affects the external dimensions of the
building_
"Structure" means a walled and roofed building that is principally above ground; this
includes a gas or liquid storage tank or a manufactured home.
"Substantial damage" means:
1. Damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred; or
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2. Flood-related damages sustained by a structure on two separate occasions during a
10-year period for which the cost of repairs at the time of each such event, on the
average, equals or exceeds 25 percent of the market value of the structure before
the damage occurred. This is also known as "repetitive loss."
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before the "start of construction" of the improvement. This
term includes structures which have incurred "substantial damage", regardless of the
actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions; or
2. Any alteration of a "historic structure," provided that the alteration will not preclude
the structure's continued designation as a "historic structure."
"Variance" means a grant of relief from the requirements of this Chapter which permits
construction in a manner that would otherwise be prohibited by this Chapter,
"Violation" means the failure of a structure or other development to be fully compliant
with this Chapter. A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in this Chapter is
presumed to be in violation until such time as that documentation is provided.
"Water surface elevation" means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or
other datum, of floods of various magnitudes and frequencies in the floodplains of
coastal or riverine areas.
"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 8.68.060 Lands to Which This Chapter Applies.
` This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the
City of Palm Springs.
Section 8.68.070 Basis for Establishing the Areas of Special Flood Hazard.
The areas of special flood hazard identified by the Federal Emergency Management
Agency (FEMA) in the "Flood Insurance Study (FIS) for the City of Palm Springs,
California, Riverside County," of the latest date, with accompanying Flood Insurance
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Rate Maps (FIRM's) and Flood Boundary and Floodway Maps (FBFM's), of the latest
date, and all subsequent amendments and/or revisions, are hereby adopted by
reference and declared to be a part of this Chapter. This FIS and attendant mapping is
the minimum area of applicability of this Chapter and may be supplemented by studies
for other areas which allow implementation of this Chapter and which are recommended
to the City Council by the Floodplain Administrator. The study, FIRM's and FBFM's are
on file at the Public Works and Engineering Department.
Section 8.68.080 Compliance.
No structure or land shall hereafter be constructed, located, extended, converted, or altered
without full compliance with the terms of this Chapter and other applicable regulations.
Violation of the requirements (including violations of conditions and safeguards) 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 8.68.090 Abrogation and Greater Restrictions.
This Chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this Chapter and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
Section 8.68.100 Interpretation.
In the interpretation and application of this Chapter, 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.
Section 8.68.110 Warning and Disclaimer of Liability.
The degree of flood protection required by this Chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by man-made
or natural causes. This Chapter 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 Chapter shall not create liability on the part of the City of Palm Springs, any officer or
employee thereof, the State of California, or the Federal Emergency Management Agency,
for any flood damages that result from reliance on this Chapter or any administrative
decision lawfully made hereunder.
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Section 8.68.120 Severability.
This Chapter and the various parts thereof are hereby declared to be severable. Should
any section of this Chapter be declared by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of the Chapter as a whole, or any portion thereof other
than the section so declared to be unconstitutional or invalid.
Section 8.68.130 Designation of the Floodplain Administrator.
The City Engineer is hereby appointed to administer, implement, and enforce this
Chapter by granting or denying development permits in accord with its provisions.
Section 8.68.140 Duties and Responsibilities of the Floodplain Administrator.
The duties and responsibilities of the Floodplain Administrator shall include, but not be
limited to the following:
A. Permit Review. Review all area of special flood hazard development permits to
determine:
1. Permit requirements of this Chapter have been satisfied, including determination of
substantial improvement and substantial damage of existing structures;
2. All other required state and federal permits have been obtained;
3- The site is reasonably safe from flooding;
4. The proposed development does not adversely affect the carrying capacity of areas
where base flood elevations have been determined but a floodway has not been
designated. This 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 1 foot at any point within the
City of Palm Springs; and
5. All Letters of Map Revision (LOMR's) for flood control projects are approved prior to
the issuance of building permits. Building Permits must not be issued based on
Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow
construction of the proposed flood control project and land preparation as specified
in the "start of construction" definition. -
B. Development of Substantial Improvement and Substantial Damage Procedures.
1. Using FEMA publication FEMA 213, "Answers to Questions About Substantially
Damaged Buildings," develop detailed procedures for identifying and administering
requirements for substantial improvement and substantial damage, to include
defining "Market Value."
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2. Assure procedures are coordinated with other departments/divisions and
implemented by City staff.
C. Review, Use and Development of Other Base Flood Data.
When base flood elevation data has not been provided in accordance with Section
8.68.070, 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 Sections 8.68.170 through 8.68.220. Any such
information shall be submitted to the City Council for adoption.
NOTE: A base flood elevation shall be obtained using one of two methods from the
FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone
A Areas — A Guide for Obtaining and Developing Base (100-year) Flood Elevations"
dated July 1995.
D. Notification of Other Agencies.
1. Alteration or relocation of a watercourse:
a. Notify adjacent communities and the California Department of Water Resources
prior to alteration or relocation of a watercourse;
b. Submit evidence of such notification to the Federal Emergency Management
Agency; and
c. Assure that the flood carrying capacity within the altered or relocated portion of
said watercourse is maintained.
2. Base Flood Elevation changes due to physical alterations:
a. Within 6 months of information becoming available or project completion,
whichever comes first, the floodplain administrator shall submit or assure that the
permit applicant submits technical or scientific data to FEMA for a Letter of Map
Revision (LOMR).
b. All LOMR's for flood control projects are approved prior to the issuance of
building permits. Building Permits must not be issued based on Conditional
Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of
the proposed flood control project and land preparation as specified in the "start
of construction" definition.
Such submissions are necessary so that upon confirmation of those physical
changes affecting flooding conditions, risk premium rates and floodplain
management requirements are based on current data.
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Page 15
3. Changes in corporate boundaries: Notify FEMA in writing whenever the corporate
boundaries have been modified by annexation or other means and include a copy of
a map of the community clearly delineating the new corporate limits.
E. Documentation of Floodplain Development.
Obtain and maintain for public inspection and make available as needed the following:
1. Certification required by paragraph 1 of subsection C of Section 8.68.170, and
Section 8.68200 (lowest floor elevations);
2. Certification required by paragraph 2 of subsection C of Section 8.68.170 (elevation
or floodproofing of nonresidential structures);
3. Certification required by paragraph 3 of subsection C of Section 8.68.170 (wet
floodproofing standard);
4. Certification of elevation required by paragraph 3 of subsection A of Section
8.68.190 (subdivisions and other proposed development standards);
5. Certification required by subsection B of Section 8.68.220 (floodway
encroachments); and
6. 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
Emergency Management Agency.
F. Map Determination.
Make interpretations where needed, as to the exact location of the boundaries of the
areas of special flood hazard, where there appears to be a conflict between a mapped
boundary and actual field conditions. The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the interpretation as
provided in Section 8.68.160.
G. Remedial Action.
Take action to remedy violations of this Chapter as specified in Section 8.68.080.
H. Biennial Report.
Complete and submit Biennial Report to FEMA.
I. Planning.
Assure City's General Plan is consistent with floodplain management objectives herein.
Ordinance No. 1739
Page 16
J. Non-Conversion of Enclosed Areas Below the Lowest Floor.
To ensure that the areas below the BFE shall be used solely for parking vehicles,
limited storage, or access to the building and not be finished for use as human
habitation without first becoming fully compliant with the floodplain management
ordinance in effect at the time of conversion, the Floodplain Administrator shall:
1. Determine which applicants for new construction and/or substantial improvements
have fully enclosed areas below the lowest floor that are 5 feet or higher;
2. Enter into a "NON-CONVERSION AGREEMENT FOR CONSTRUCTION WITHIN
FLOOD HAZARD AREAS" or equivalent with the City of Palm Springs. The
agreement shall be recorded with the Riverside County Recorder as a deed
restriction. The non-conversion agreement shall be in a form acceptable to the
Floodplain Administrator and City Attorney; and
3. Have the authority to inspect any area of a structure below the base flood elevation
to ensure compliance upon prior notice of at least 72 hours.
Section 8.68.150 Area of Special Flood Hazard Development Permit.
An area of special flood hazard development permit shall be obtained before any
construction or other development, including manufactured homes, within any area of
special flood hazard established in Section 8.68.070. Application for an area of special
flood hazard development permit shall be made on forms furnished by the City and shall
be accompanied by a fee in such amount as has been prescribed by resolution of the
City Council for purposes of defraying the costs incidental to the City's review of the
application. In addition to any other information required by the City, the applicant shall
provide the following minimum information:
A. Plans in duplicate, drawn to scale, showing:
1. Location, dimensions, and elevation of the area in question, existing or proposed
structures, storage of materials and equipment and their location;
2. Proposed locations of water supply, sanitary sewer, and other utilities;
3. Grading information showing existing and proposed contours, any proposed fill,
and drainage facilities;
4. Location of the regulatory floodway when applicable;
5. Base flood elevation information as specified in Section 8.68.070 or subsection C
of Section 8.68.140;
6. Proposed elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures; and
Ordinance No, 1739
Page 17
7_ Proposed elevation in relation to mean sea level to which any nonresidential
structure will be floodproofed, as required in paragraph 2 of subsection C of
Section 8.68.170 of this Chapter and detailed in FEMA Technical Bulletin TB 3-
93.
B. Certification from a registered civil engineer or architect that the nonresidential
floodproofed building meets the floodproofing criteria in paragraph 2 of subsection C
of Section 8.68.170.
C. For a crawl-space foundation, location and total net area of foundation openings as
required in paragraph 3 of subsection C of Section 8.68.170 of this Chapter and
detailed in FEMA Technical Bulletins 1-93 and 7-93.
D. Description of the extent to which any watercourse will be altered or relocated as a
result of proposed development.
E. All appropriate certifications listed in subsection E of Section 8.68.140 of this
Chapter.
Section 8.68.160 Appeals.
The City Council of the City of Palm Springs shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or determination made by the
Floodplain Administrator in the enforcement or administration of this Chapter. The
provisions of Chapter 2.05 of the Palm Springs Municipal Code shall apply to the
appeal.
Section 8.68.170 Standards of Construction.
In all areas of special flood hazards the following standards are required in addition to
any other requirements found in Title 8 of the Palm Springs Municipal Code:
A. Anchoring.
All new construction and substantial improvements of structures, including
manufactured homes, shall be adequately anchored to prevent flotation, collapse or
lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy-
B. Construction Materials and Methods.
All new construction and substantial improvements of structures, including
manufactured homes, shall be constructed:
Ordinance No. 1739
Page 18
1. With flood resistant materials, and utility equipment resistant to flood damage for
areas below the base flood elevation;
2. Using methods and practices that minimize flood damage;
3. With electrical, heating, ventilation, plumbing and air conditioning equipment and
other service facilities that are designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding; and
4. Within Zones AH or AO, 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.
All new construction or substantial improvements of residential structures shall have the
lowest floor, including basement:
a. In AE, AH, Al-30 Zones, elevated at least two (2) feet above the base flood
elevation-
b. In an AO zone, elevated above the highest adjacent grade to a height two (2)
feet above the depth number specified in feet on the FIRM, or elevated at least
four(4) feet above the highest adjacent grade if no depth number is specified.
c. In an A zone, without BFE's specified on the FIRM [unnumbered A zone],
elevated at least two (2) feet above the base flood elevation; as determined
under subsection C of Section 83.68.140.
Upon the 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.
2. Nonresidential construction.
All new construction or substantial improvements of nonresidential structures shall
either be elevated to conform with paragraph 1 of subsection C of Section 8.68.170, or:
a. Be floodproofed, together with attendant utility and sanitary facilities, below the
elevation recommended under paragraph 1 of subsection C of Section 8.68.170,
so that the structure is watertight with walls substantially impermeable to the
passage of water;
Ordinance No. 1739
Page 19
b. Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
c. Be certified by a registered civil engineer or architect that the standards of items
a and b of paragraph 2 of subsection C of Section 8,68.170 are satisfied. Such
certification shall be provided to the Floodplain Administrator.
3. Flood openings.
All new construction and substantial improvements of structures with fully enclosed
areas below the lowest floor (excluding basements) that are usable solely for parking of
vehicles, building access or storage, and which are subject to flooding, shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by allowing
for the entry and exit of floodwater. Designs for meeting this requirement must meet the
following minimum criteria:
a. For non-engineered openings:
1_ Have a minimum of two openings on different sides having a total net area of not
less than one square inch for every square foot of enclosed area subject to
flooding;
2. The bottom of all openings shall be no higher than one foot above grade;
3. Openings may be equipped with screens, louvers, valves or other coverings or
devices provided that they permit the automatic entry and exit of floodwater; and
4. Buildings with more than one enclosed area must have openings on exterior
walls for each area to allow flood water to directly enter; or
b. Be certified by a registered civil engineer or architect.
4. Manufactured homes.
a. See Section 8.68200.
5. Garages and low cost accessory structures.
a. Attached garages.
1. A garage attached to a residential structure, constructed with the garage floor
slab below the BFE, must be designed to allow for the automatic entry of flood
waters. See paragraph 3 of subsection C of Section 8.68.170. Areas of the
garage below the BFE must be constructed with flood resistant materials. See
subsection B of Section 8.68.170.
Ordinance No. 1739
Page 20
2. A garage attached to a nonresidential structure must meet the above
requirements or be dry floodproofed. For guidance on below grade parking
areas, see FEMA Technical Bulletin TB-6.
b. Detached garages and accessory structures.
1. "Accessory structures" used solely for parking (2 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) Use of the accessory structure must be limited to parking or limited storage;
b) The portions of the accessory structure located below the BFE must be built
using flood-resistant materials;
c) The accessory structure must be adequately anchored to prevent flotation,
collapse and lateral movement;
d) Any mechanical and utility equipment in the accessory structure must be
elevated or floodproofed to or above the BFE;
e) The accessory structure must comply with floodplain encroachment
provisions in Section 8.68.220; and
f) The accessory structure must be designed to allow for the automatic entry of
flood waters in accordance with paragraph 3 of subsection C of Section
8.68.170.
2. Detached garages and accessory structures not meeting the above standards
must be constructed in accordance with all applicable standards in Section
8.68.170.
6. Crawlspace Construction_
This sub-section applies to buildings with crawl spaces up to 2 feet below grade.
Below-grade crawl space construction in accordance with the requirements listed below
will not be considered basements.
a. The building must be designed and adequately anchored to resist flotation, collapse,
and lateral movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy. Crawl space construction is not allowed in
areas with flood velocities greater than 5 feet per second unless the design is
reviewed by a qualified design professional, such as a registered architect or
professional engineer;
Ordinance No. 1739
Page 21
b. The crawl space is an enclosed area below the BFE and, as such, must have
openings that equalize hydrostatic pressures by allowing for the automatic entry and
exit of floodwaters. For guidance on flood openings, see FEMA Technical Bulletin 1-
93;
c. Crawl space construction is not permitted in V zones. Open pile or column
foundations that withstand storm surge and wave forces are required in V zones;
d. Portions of the building below the BFE must be constructed with materials resistant
to flood damage. This includes not only the foundation walls of the crawl space used
to elevate the building, but also any joists, insulation, or other materials that extend
below the BFE; and
e. Any building utility systems within the crawl space must be elevated above BFE or
designed so that floodwaters cannot enter or accumulate within the system
components during flood conditions.
f. Requirements for all below-grade crawl space construction, in addition to the above
requirements, to include the following;
1. The interior grade of a crawl space below the BFE must not be more than 2 feet
below the lowest adjacent exterior grade (LAG), shown as D in figure 3 of
Technical Bulletin 11-01;
2. The height of the below-grade crawl space, measured from the interior grade of
the crawl space to the top of the crawl space foundation wall must not exceed 4
feet (shown as L in figure 3 of Technical Bulletin 11-01) at any point;
3. There must be an adequate drainage system that removes floodwaters from the
interior area of the crawl space within a reasonable period of time after a flood
event, not to exceed 72 hours; and
4. The velocity of floodwaters at the site should not exceed 5 feet per second for
any crawl space. For velocities in excess of 5 feet per second, other foundation
types should be used.
Section 8.68.180 Standards for Utilities.
A. All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate:
1. Infiltration of flood waters into the systems; and
2. Discharge from the systems into flood waters.
Ordinance No. 1739
Page 22
B. On-site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
Section 8.68.190 Standards for Subdivisions and Other Proposed Development.
A. All new subdivisions proposals and other proposed development, including
proposals for manufactured home parks and subdivisions, greater than 50 lots or 5
acres, whichever is the lesser, shall:
1. Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations
(BFE).
2. Identify the elevations of lowest floors of all proposed structures and pads on the
final plans.
4 3. If the site is filled above the base flood elevation, the following as-built
information for each structure shall be certified by a registered civil engineer or
licensed land surveyor and provided as part of an application for a Letter of Map
Revision based on Fill (LOMR-F) to the Floodplain Administrator:
a. Lowest floor elevation.
b. Pad elevation.
c. Lowest adjacent grade-
B. All subdivision proposals and other proposed development shall be consistent with
the need to minimize flood damage.
C. All subdivision proposals and other proposed development shall have public utilities
and facilities such as sewer, gas, electrical and water systems located and
constructed to minimize flood damage-
D. All subdivisions and other proposed development shall provide adequate drainage to
reduce exposure to flood hazards.
Section 8.68.200 Standards for Manufactured Homes.
A. All manufactured homes that are placed or substantially improved, on sites located:
(1) outside of a manufactured home park or subdivision; (2) in a new manufactured
home park or subdivision; (3) in an expansion to an existing manufactured home
park or subdivision; or (4) in an existing manufactured home park or subdivision
upon which a manufactured home has incurred "substantial damage" as the result of
a flood, shall:
Ordinance No. 1739
Page 23
1. Within Zones Al-30, AH, and AE on the City's Flood Insurance Rate Map, be
elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated two (2) feet above the base flood elevation and
be securely fastened to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement-
B. All manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within Zones Al-30, AH, and AE on
the City's Flood Insurance Rate Map that are not subject to the provisions of
subsection A of Section 8.68.200 will be securely fastened to an adequately
anchored foundation system to resist flotation, collapse, and lateral movement, and
be elevated so that either the:
1. Lowest floor of the manufactured home is at least two (2) feet above the base
flood elevation; or
2. Manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height
above grade.
Upon the completion of the structure, the elevation of the lowest floor including
basement shall be certified by a registered 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 8.68.210 Standards for Recreational Vehicles.
A. All recreational vehicles placed in Zones A1-30, AH, and AE will either:
1. Be on the site for fewer than 180 consecutive days; or
2. Be fully licensed and ready for highway use. A recreational vehicle is ready for
highway use if it is on its wheels or jacking system, is attached to the site only by
quick disconnect type utilities and security devices, and has no permanently
attached additions; or
3. Meet the permit requirements of Section 8.68.1,90 of this Chapter and the
elevation and anchoring requirements far manufactured homes in subsection A
of Section 8.68200.
Section 8,68.220 Floodways.
Since floodways are an extremely hazardous area due to the velocity of flood waters
which carry debris, potential projectiles, and erosion potential, the following provisions
apply:
Ordinance No. 1739
Page 24
A. Until a regulatory floodway is adopted, no new construction, substantial
development, or other development (including fill) shall be permitted within Zones
Al-30 and AE, unless it is demonstrated that the cumulative effect of the proposed
development, when combined with all other development, will not increase the water
surface elevation of the base flood more than 1 foot at any point within the City of
Palm Springs.
B. Within an adopted regulatory floodway, the City of Palm Springs shall prohibit
encroachments, including fill, new construction, substantial improvements, and other
development, unless certification by a registered civil engineer is provided
demonstrating that the proposed encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
C. If subsection A and B of Section 8.68.220 are satisfied, all new construction,
substantial improvement, and other proposed new development shall comply with all
other applicable flood hazard reduction provisions of Sections 8.68.170 through
8.68.220.
Section 8.68.230 Nature of Variances.
The issuance of a variance pursuant to this Chapter is for floodplain management
purposes only. Insurance premium rates are determined by statute according to
actuarial risk and will not be modified by the granting of a variance.
Variances pertain to a piece of property and are not personal in nature. A variance may
be granted for a parcel of property with physical characteristics so unusual that
complying with the requirements of this Chapter would create an exceptional hardship
to the applicant or the surrounding property owners. The characteristics must be unique
to the property and not be shared by adjacent parcels. The unique characteristic must
pertain to the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the City to help protect its citizens from flooding. This need is so
compelling and the implications of the cost of insuring a structure built below flood level
are so serious that variances from the flood elevation or from other requirements in the
flood ordinance are quite rare. The long term goal of preventing and reducing flood loss
and damage can only be met if variances are strictly limited. Therefore, the variance
guidelines provided in this Chapter are detailed and contain multiple provisions that
must be met before a variance can be properly granted. The criteria are designed to
screen out those situations in which alternatives other than a variance are more
appropriate.
Section 8.68.240 Conditions for Variances.
A. Generally, variances may be issued for new construction, substantial improvement,
and other proposed new development to be erected on a lot of one-half acre or less
in size contiguous to and surrounded by lots with existing structures constructed
i
Ordinance No. 1739
Page 25
below the base flood level, providing that the procedures of Sections 8.68.130
through 8.68.220 of this Chapter have been fully considered. As the lot size
increases beyond one-half acre, the technical justification required for issuing the
variance increases.
B. Variances may be issued for the repair or rehabilitation of "historic structures" (as
defined in Section 8.68.050 of this Chapter) upon a determination that the proposed
repair or rehabilitation will not preclude the structure's continued designation as an
historic structure and the variance is the minimum necessary to preserve the historic
character and design of the structure.
C. Variances shall not be issued within any mapped regulatory floodway if any increase
in flood levels during the base flood discharge would result.
D. Variances shall only be issued upon a determination that the variance is the
"minimum necessary" considering the flood hazard, to afford relief. "Minimum
necessary" means to afford relief with a minimum of deviation from the requirements
of this Chapter. For example, in the case of variances to an elevation requirement,
this means the City Council need not grant permission for the applicant to build at
grade, or even to whatever elevation the applicant proposes, but only to that
elevation which the City Council believes will both provide relief and preserve the
integrity of the this Chapter.
E. Any applicant to whom a variance is granted shall be given written notice over the
signature of a City official that:
1. The issuance of a variance to construct a structure below the base flood level will
result in increased premium rates for flood insurance up to amounts as high as
$25 for$100 of insurance coverage, and
2. Such construction below the base flood level increases risks to life and property.
The Floodplain administrator shall record, or shall require the applicant to record, a
copy of the notice in the Office of the Riverside County Recorder. The notice shall
be recorded in a manner so that it appears in the chain of title of the affected parcel
of land-
F. 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 Emergency Management Agency.
Ordinance No. 1739
Page 26
Section 8.68.250 Procedures for Variances.
A. Application
1. Application for a variance from the standards set forth in this Chapter shall be
made on forms furnished by the City and shall be accompanied by such information
as required by the Floodplain Administrator and/or City Council and a fee in such
amount as has been prescribed by resolution of the City Council for purposes of
defraying the costs incidental to the proceedings described herein.
2. The Flood Plain Administrator shall make an investigation of the facts bearing on
the request for a variance to provide the information necessary for action
consistent with the intent of this Chapter and shall report the findings to the
Planning Commission and/or City Council.
B. Public Hearing-
1. The City Council of the City of Palm Springs shall hear and decide all requests
for variances from the standards set forth in this Chapter.
2. In any case where the requested variance relates to development which is
subject to review by the Planning Commission of the City of Palm Springs, the
request shall first be heard and considered by the Planning Commission
concurrently with its review of the development. Notice of the time, place, and
purpose of the public hearing shall be given as provided in Section
94.02.00(B)(4) of the Palm Springs Municipal Code. Following such hearing, the
Planning Commission shall recommend to the City Council its approval,
conditional approval, or denial of the requested variance. All approvals of any
aspect of the development by the Planning Commission shall be conditioned on
the approval of the requested variance by the City Council. The date for hearing
before the City Council shall be set by the City Clerk for not more than thirty (30)
days after the filing of the Planning Commission recommendation with the City
Council.
3. In any case where the requested variance relates to development which is not
subject to review by the Planning Commission, the request shall be heard in the
first instance by the City Council. The hearing date shall be set by the City Clerk
after the application has been deemed complete by the Floodplain Administrator.
Notice of the time, place, and purpose of the public hearing shall be given as
provided in Section 94.02.00(B)(4) of the Palm Springs Municipal Code.
C. In passing upon requests for variances, the Planning Commission and/or City
Council shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this Chapter, and the:
1. Danger that materials may be swept onto other lands to the injury of others;
Ordinance No. 1739
Page 27
2. Danger of life and property due to flooding or erosion damage;
3. Susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the existing individual owner and future owners of the
property;
4. Importance of the services provided by the proposed facility to the community;
5. Necessity to the facility of a waterfront location, where applicable;
6. Availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
7. Compatibility of the proposed use with existing and anticipated development;
8. Relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
9. Safety of access to the property in time of flood for ordinary and emergency
vehicles;
10.Expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters expected at the site; and
11.Costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical, and water system, and streets and bridges-
D. Variances shall only be issued upon a:
1. Showing of good and sufficient cause;
2. Determination that failure to grant the variance would result in exceptional
"hardship" to the applicant; and
3. Determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, or extraordinary public expense,
create a nuisance (see "Public safety and nuisance"), cause "fraud and
victimization" 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 this Section 8.68.250 are satisfied and that the
structure or other development is protected by methods that minimize flood
damages during the base flood and does not result in additional threats to public
safety and does not create a public nuisance.
Ordinance No. 1739
Page 28
F. Upon consideration of the factors of subsection A of Section 8.68.240 and the
purposes of this Chapter, the Planning Commission and/or City Council may attach
such conditions to the granting of variances as it deems necessary to further the
purposes of this Chapter.
SECTION 3. AMENDMENT. The references to "Section 97.17.00" set forth in the
following sections of the Palm Springs Municipal Code are hereby replaced with
"Chapter 8.68":
A. Section 92.20.00(C);
B. Section 92.20.01(A)(2); and
C. Section 9220.03.
SECTION 4. This Ordinance and the various parts, sections, and clauses thereof, are
hereby declared to be severable. If any part, sentence, paragraph, section, or clause is
adjudged unconstitutional or invalid, the remainder of this Ordinance shall not be
affected thereby. If any part, sentence, paragraph, section, or clause of this Ordinance,
or its application to any person entity is adjudged unconstitutional or invalid, such
unconstitutionality or invalidity shall affect only such part, sentence, paragraph, section,
or clause of this Ordinance, or person or entity; and shall not affect or impair any of the
remaining provision, parts, sentences, paragraphs, sections, or clauses of this
Ordinance, or its application to other persons or entities. The City Council hereby
declares that this Ordinance would have been adopted had such unconstitutional or
invalid part, sentence, paragraph, section, or clause of this Ordinance not been included
herein; or had such person or entity been expressly exempted from the application of
this Ordinance.
SECTION 5_ The Mayor shall sign and the City Clerk shall certify to 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 THIS, 12T" DAY OF MARCH, 2008.
'� P. pa,� --
STEVE POUGNET, MAYOR
ATTEST:
WMES THOMPSON, CITY CLERK
Ordinance No, 1739
Page 29
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 1739 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on March 5, 2008, and adopted at an
adjourned meeting of the City Council held on the 12t" day of March, 2008, by the
following vote:
AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, Mayor Pro Tern Foat, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None
es Thompson, City Clerk _
ity of Palm Springs, Californiae�'_-S/2['1Zo09