HomeMy Public PortalAboutOrdinance 659ORDINANCE NO. 659
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BEAUMONT REPEALING CHAPTER 15.24 OF THE
BEAUMONT MUNICIPAL CODE AND ADDING CHAPTER 15.24,
DEALING WITH FLOOD HAZARD PREVENTION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT,
STATE OF CALIFORNIA, AS FOLLOWS:
SECTION 1: Chapter 15.24 is hereby repealed.
6ECTION 2:" Chapter 15.24 is
Chapter
FLOOD HAZARD
Sections:
15.24.010
15. 24r 020
15.24.030
15.24.040
15.24. 050
15.24.060
15.24.070
15.24.080
15.24.090
15.24.100
15.24.110
15.24.115
15.24.120
15.24. 130
15.2.4.140
15.24.150
15.24. 160
15.24. 170
15.24.180
15.24.190
15.24.200
15.24. 210
15.24.220
15.24.230
15.24.240
15.24.250
added to read
15.24
PREVENTION
I. GENERALLY
as follows:
Statutory authorization.
Findings of fact.
Statement of purpose.
Methods of reducing flood losses.
II. GENERAL PROVISIONS
Definitions.
Land to which Chapter applies.
Basis for establishing the areas of special flood
hazard.
Compliance.
Abrogation and greater restrictions.
Interpretation.
Warning and disclaimer of liability.
Severability.
III. ADMINISTRATION
Establishment of Development Permit.
Building Inspector --Designation.
Building Inspector --Duties and responsibilities.
IV. VARIANCE PROCEDURE
Appeal board.
Conditions for variances.
V. PROVISIONS FOR FLOOD HAZARD REDUCTION
Standards of construction.
Anchoring.
Construction materials and methods.
Elevation and floodproofing.
Standards for utilities.
Standards for subdivisions.
Standards for manufactured homes.
Floodways.
Mudslide (i.e., mudflow)-prone areas.
I. GENERALLY
' 15.24.010 Statutory authorization. The Legislature of the
State of California has in Government Code Sections 65302, 65560,
and 65800 conferred upon local government units authority to
adopt regulations designed to promote the public health, safety,
and general welfare of its citizenry.
15.24.020 Findings of fact.
A. The flood hazard areas of the City 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 whjch adversely affect the public health, safety and general
welfare.
B. These 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 protected from flood damage
also contribute to the flood loss.
15.24.030 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 provisions designed:
A. To protect human life and health;
B. To minimize expenditure of public money for costly
flood -control projects;
C. To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the expense
of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and sewer lines,
streets and bridges located in areas of special flood hazard;
' F. To help maintain a stable tax base by providing for the
second use and development of areas of special flood hazard so as
to;minimize future flood blight areas;
G. To insure that potential buyers are notified that
property is in an area of special flood hazard; and
H. To insure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
15.24.040 Methods of reducing flood losses. In order to
accomplish its purposes, this Chapter includes methods and
provisions for:
A. Restricting or prohibiting uses which are dangerous to
health, safety, and property due to water or erosinn hazards, or
which result in damaging increases in erosion or flood heights or
velocities;
B. Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood
damage at the time of initial construction;
C. Controlling the alteration of natural floodplains,
stream channels, and natural protective barriers, which help
accommodate or channel flood waters;
D. Controlling filling, grading, dredging, and other
development which may increase flood damage; and
E. Preventing or regulating the construction of flood
barriers which will unnaturally divert flood waters or which may
increase flood hazards in other areas.
II. GENERAL PROVISIONS
15.24.050 Definitions. Unless specifically Defined in this
Section. words or phrases used in this Chapter shall be
interpreted so as to give the meaning they have in common usage
and to give this Chapter its most reasonable application.
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A. "Appeal" means a request for a review of the Building
Department's interpretation of any provision of this Chapter or a
request for a variance.
B. "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 (1) to three (3) feet; a clearly defined
channel does not exist; the path of flooding is unpredictable and
indeterminate;%and velocity flow may be evident.
C. "Area of special flood hazard" - see "Special flood
hazard area".
D. "Area of special mudslide (i.e., mudflow) hazard" is the
area subject to severe mudslides (i.e., mudflows). The area is
designated as zone M on the Flood Insurance Rate Map (FIRM).
E. "Base flood" means the flood having a one percent (1%)
chancq of being equalled or exceeded in any given year. (Also
called the "100 -year flood".)
F. "Basement" means any area of the building having its
floor subgrade.(below ground level) on all sides.
G. "Breakaway walls" are any type of walls, whether solid
or lattice, and whether constructed of concrete, masonry, wood,
metal, plastic or any other suitable building material, which are
not part of the structural support of the building and which are
designed to break away under abnormally high tides or wave action
without causing any damage to the structural integrity of the
building on which they are used or any buildings to which they
might be carried by flood waters. A breakaway wall shall have a
safe design loading resistance of not less than ten (10) and no
more than twenty (20) pounds per square foot. Use of breakaway
walls must be certified by a registered engineer or architect and
shall meet the following conditions:
1. Breakaway wall collapse shall result Erom a water
load less than that which would occur during the base flood; and
2. The elevated portion of the building shall not incur
any structural damage due to the effects of wind and water loads
acting simultaneously in the event of the base flood.
H. "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.
I. "Flood or flooding" means a general and temporary
condition of partial or complete inundation of nornally dry land
areas from:
1. The overflow of flood waters,
2. The unusual and rapid accumulation or runoff of
surface waters from any source, and/or
3. The collapse or subsidence of land along the shore
of a lake or other body of water as a result of erosion or
undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually
high water level in a natural body of water, accompanied by a
severe storm, or by an unanticipated force of nature, such as
flash flood or an abnormal tidal surge, or by some similarly
unusual and unforeseeable event which results in flooding as
defined in this definition.
J. "Flood Boundary and Floodway Map" means tae official map
on which the Federal Emergency Management Agency or Federal
Insurance Administration has delineated both the areas of flood
hazard and the floodway.
K. "Flood Insurance Rate Map (FIRM)" means tie 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 applicble to the
community.
L. "Flood Insurance Study" means the official report
provided by the Federal Insurance Administration tat includes
flood profiles, the FIRM, the Flood Boundary and Floodway Map,
and the water surface elevation of the base flood.
M. "Floodplain or flood -prone area" means an„( land area
susceptible to being inundated by water from any source (see
definition of "flooding").
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N. "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.
0. "Floodplain management regulations" means zoning
ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as floodplain
ordinance, grading ordinance, and erosion control ordinance) and
other applications of police power. The term describes such
state or local regulations in any combination thereof, which
provide standards for the purpose of flood damage prevention and
reduction.
P. "Floodproofing" means any combination of structural and
nonstructural additions, changes, or adjustments to structure
which reduce or eliminate flood damage to real estate or improved
real property, water and sanitary facilities, structures and
their contents.
Q. "Floodway" means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing
the water surface elevation more than one (1) foot. Also
referred to as "Regulatory floodway".
R. "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 facilites, but does not include long-term storage or
related manufacturing facilities.
S. "Highest adjacent grade" means the highest natural
elevation of the ground surface prior to construction next to the
proposed walls of a structure.
T. "Lowest floor" means the lowest floor of the lowest
enclosed area (including basement). An unfinished or
flood -resistant enclosure, usable solely for parking of vehicles,
building access or storage in an area other than a basement area
is not considered, a building's lowest floor; provided that such
enclosure is not built so as to render the structure in violation
of'the applicable non -elevation design requirements of this
Chapter.
U. "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
connected to the required utilities. For floodplain management
purposes the term "manufactured home" also includes park
trailers, travel trailers, and other similar vehicles placed on a
site for greater than 180 consecutive days.
V. "Manufactured home park or subdivision" means a parcel
(or contiguous parcels) of land divided into two (2) or more
manufactured home lots for sale or rent.
W. "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.
X. "New construction" means, for floodplain management
purposes, structures for which the "start of construction"
commenced on or after the effective date of the orlinance
codified in this Chapter.
Y. "One hundred year flood" or "100 -year flood" means a
flood which has a one percent (1%) annual probablility of being
equalled or exceeded. It is identical to the "base flood", which
will be the term used throughout this Chapter.
Z. "Person" means an individual or his agent, firm,
partnership, association or corporation, or agent of the
aforementioned groups, or this State or its agencies or political
subdivisions.
AA. "Remedy a violation" means to bring the structure or
other development into compliance with State or loyal floodplain
management regulations, or, if this is not possible, to reduce
the impacts of its noncompliance. Ways that impacts may be
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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 Federal financial exposure with regard to
the structure or other development.
BB. "Riverine" means relating to, formed by, or resembling a
river (including tributaries), stream, brook, etc.
CC. "Special flood hazard area (SFHA)" means an area having
special flood or flood -related erosion hazards, ani shown on an
FHBM or FIRM as Zone A, AO, A1-30, AE, A99 or AH.
DD. "Start of construction" includes substantial
improvement, and means the date the building permit was issued,
provided the actual start of construction, repair,
reconstruction, placement, or other improvement was within 180
days Of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site,
such as the pouring of slabs 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.
EE. "Structure" means a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
FF. "Substantial improvement" means any repair,
reconstruction, or improvement of a structure, the cost of which
equals or exceeds fifty percent (50%) of the market value of the
structure either:
1. Before the improvement or repair is Etarted; or
2. If the structure has been damaged, ard is being
restored, before the damage occurred.
For the purposes. of this definition "substantial improvement" is
considered to occur when the first alteration of any wall,
ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external
dimensions of the structure. The term does not, towever, include
either:
1. Any project for improvement of a structure to comply
with existing State or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living
conditions; or
2. Any alteration of a structure listed on the National
Registrar of Historic Places or a State Inventory of Historic
Places.
GG. "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.
HH. "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.
15.24.060 Land to which Chapter applies. Tris Chapter
shall apply to all areas of special flood hazards and areas of
mudslide (i.e., mudflow) hazards within the jurisciction of the
City.
15.24.070 Basis for establishing the areas cf special flood
hazard. The areas of special flood hazards and areas of mudslide
(i.e., mudflow) hazards identified by the Federal Emergency
Management Agency or the Federal Insurance Adminstration in a
scientific and engineering report entitled "Flood Insurance Study
for the City of Beaumont", dated October 17, 1978, with an
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accompanying Flood Insurance Rate Map is hereby adopted by
reference and declared to be a part of this Chapter. This Flood
Insurance Study is on file at the Building Department, City of
Beaumont, 550 East 6th Street, Beaumont, California 92223. This
Flood Insurance Study is supplemented by studies for other areas
which allow implementation of this Chapter and which are
recommended to the City Council by the Building Director.
15.24.080 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. Violations of the provisions of this
Chapter by failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor.
Nothing herein shall prevent the City Council from taking such
lawful action as is necessary to prevent or remedy any violation.
15.24.090 Abrogation and greater restrictions. This
Chapter is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
where the Ordinance codified in this Chapter and another
ordinance, easement, covenant, or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall
prevail.
15.24.100 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.
15.24.110 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
rate 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 and areas of mudslide (i.e.,
mudflow) 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, any officer or employee
thereof, or the Federal Insurance Administration, for any flood
damages that result from reliance on this Chapter or any
administrative decision lawfully made thereunder.
15.24.115 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 this
Chapter as a whole, or any portion thereof other than the Section
so declared to be unconstitutional or invalid.
III. ADMINISTRATION
15.24.120 Establishment of Development Permit. A
Development Permit shall be obtained before construction or
development begins within any area of special flood hazards or
areas of mudslide (i.e., mudflow) established in Section
15.24.070. Application for a Development Permit shall be made on
forms furnished by the Building Department and may include, but
not be limited to: plans in duplicate drawn to scale showing the
nature, location, dimensions, and elevation of the area in
question; existing or proposed structures, fill, storage of
materials, drainage facilities; and the location of the
foregoing. Specifically, the following information is required:
A. Proposed elevation in relation to mean sea level of the
lowest floor (including basement) of all structures; in Zone AO
or VO, elevation of highest adjacent grade and proposed elevation
of lowest floor of all structures;
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B. Proposed elevation in relation to mean sea level to
which any structure will be floodproofed;
C. All appropriate certifications listed.
D. Description of the extent to which any watercourse will
be altered or relocated as a result of proposed development.
15.24.130 Building Inspector--Designation. The Building
Inspector is hereby appointed to administer and implement this
Chapter by granting or denying Development Permits in accordance
with its provisions.
15.24.140 Building Inspector--Duties and responsibilities.
The duties and responsibilities of the Building Inspector shall
include, but not be limited to:
A. Permit-Review.
1. Review all Development Permits to determine that the
permit requirements of this Chapter have been sati=sfied;
2. All other required State and Federal ;hermits have
been obtained;
3. The site is reasonably safe from flooding; and
4. The proposed development does not adversely affect
the carrying capacity of the areas where base flood elevations
have been determined but a floodway has not been designated. For
purposes of this Chapter, "adversely affects" means that the
cumulative effect of the proposed development when combined with
all other existing and anticipated developments will not increase
the water surface elevation of the base flood more than one (1)
foot at any point.
B. Use of Other Base Flood Data. When base flood elevation
data has not been provided in accordance with Section 15.24.070,
the Building Inspector shall obtain, review, and reasonably
utilize any base flood elevation and floodway data available from
a Federal, State or other source, in order to administer Sections
15.24.170 through 15.24.250. Any such information shall be
submitted to the City Council for adoption.
C. Whenever a watercourse is to be altered or relocated:
1. Notify adjacent communities and the California
Department of Water Resources prior to such alteration or
relocation of a watercouse, and submit evidence of such
notification to the Federal Insurance Administration;
2. Require that the flood carrying capacity of the
altered or relocated portion of said watercourse is maintained.
D. Obtain and maintain for public inspection and make
available as needed:
1. The certification required in Section. 15.24.200.A
(floor elevations);
2. The certification required in Section. 15.24.200.B
(elevations in areas of shallow flooding);
3. The certification required in Section 15.24.200.0
(elevation or floodproofing of nonresidential structions);
4. The certification required in Section. 15.24.200.D.1
or 15.24.200.D.2 (wet floodproofing standard);
5. The certified elevation required in Section
15.24.220.B (subdivision standards); and
6. The certification required in Section 15.24.240.A
(floodway encroachments);
E. Interpretation of FIRM Boundaries. Make interpretations
where needed, as to the exact location of the boundaries of the
areas of special flood hazards or areas of mudslide (i.e.,
mudflow) (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions). The
person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided
in Sections 15.24.150 and 15.24.160.
F. Take action to remedy violations of this Chapter as
specified in Section 15.24.080 herein.
IV. VARIANCE PROCEDURE
15.24.150 Appeal board.
A. The City Council shall hear and decide appeals and
requests for variances from the requirements of th:Ls Chapter.
B. The City Council shall hear and decide appeals when it
is alleged there is an error in any requirement, dQcision, or
determination made by the Building Inspector in thou? enforcement
or administration of this Chapter.
C. In passing upon such applications, the Ci:y Council
shall consider all technical evaluations, all rele',ant factors,
standards specified in other Sections of this Chapter, and:
1. The danger that materials may be swep: onto other
lands to the injury of . others;
2. The danger to life and property due tp flooding or
erosion damage;
3. The susceptibility of the proposed fa;ility and its
contents to flood damage and the effect of such danage on the
individual owner;
4. The importance of the services provided by the
proposed facility to the community;
5. The necessity to the facility of a waterfront
location, where applicable;
6. The availability of alternative locations for the
proposed use which are not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing
and anticipated development;
8. The relationship of the proposed use to the
comprehensive plan and floodplain management program for that
area;
9. The safety of access to the property in time of
flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of
rise, and sediment transport of the flood waters expected at the
site; and
11. The 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. Generally, variances may be issued for new construction
and substantial improvements to be erected on a lot of one-half
acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level,
providing subdivisions 1 through 11 of subsection C of this
Section have been fully considered. As the lot size increases
beyond the one-half acre, the technical justification required
for issuing the variance increases.
E. Upon consideration of the factors of subsection C of
this Section and the purposes of this Chapter, the City Council
may attach such conditions to the granting of variances as it
deems necessary to further the purposes of this Chapter.
F. The Building Department shall maintain the records of
all appeal actions and report any variances to the Federal
Insurance Administration upon request.
15.24.160 Conditions for variances.
A. Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed in the
National Register of Historic Places or the State Inventory of
Historic Places, without regard to the procedures set forth in
the remainder of this Section.
B. Variances shall not be issued within any designated
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.
D. Variances shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance
would result in exceptional hardship to the applicant; and
3. A determination that the granting of a variance will
not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances,
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cause fraud on or victimization of the public, or conflict with
existing local laws or ordinances.
E. Variances may be issued for new construction and
substantial improvements and for other development necessary for
the conduct of a functionally dependent use provided that the
provisions of subsections A through D of this Section are
satisfied and that the structure or other developm.nt is
protected by methods that minimize flood damages daring the base
flood and create no additional threats to public safety.
F. Any applicant to whom a variance is grantad shall be
given written notice that the structure will be permitted to be
built with a lowest floor elevation below the regulatory flood
elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting fron the reduced
lowest floor elevation. A copy of the notice shall be recorded
by the Floodplain Board 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.
V. PROVISIONS FOR FLOOD HAZARD REDUCTION
15.24.170 Standards of construction. In all areas of
speical flood hazards, the standards set out in Sections
15.24.180 through 15.24.250 are required.
15.24.180 Anchoring.
A. All new construction and substantial improvements shall
be'anchored to prevent flotation, collapse or lateral movement of
the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy.
B. All manufactured homes shall meet the anchoring
standards of Section 15.24.230.
15.24.190 Construction materials and methods.
A. All new construction and substantial improvements shall
be constructed with materials and utility equipment resistant to
flood damage.
B. All new construction and substantial improvements shall
be constructed using methods and practices that minimize flood
damage.
C. All new construction and substantial improvements shall
be constructed with electrical, heating, ventilation, plumbing,
and air conditioning equipment and other service facilities that
are designed and/or located so as to prevent water from entering
or accumulating within the components during conditions of
flooding.
D. Require within Zones AH or AO adequate drainage paths
around structures on slopes to guide flood waters around and away
from proposed structures.
15.24.200 Elevation and floodproofina.
A. New construction and substantial improvement of any
structure shall have the lowest floor, including basement,
elevated to or above the base flood elevation. Nonresidential
structures may meet the standards in subsection C of this
Section. Upon the completion of the structure the elevation of
the lowest floor including basement shall be certified by a
registered professional engineer or surveyor, or verified by the
Building Inspector to be properly elevated. Such certification
or verification shall be provided to the Building Inspector.
B. New construction and substantial improvement of any
structure in Zone AO shall have the lowest floor, including
basement, elevated above the highest adjacent grade at least as
high as the depth number specified in feet on the FIRM, or at
least two (2) feet if no depth number is specified.
Nonresidential structures may meet the standards in subsection C
of this Section. Upon the completion of the structure the
elevation of the lowest floor including basement shall be
certified by a registered professional engineer or surveyor, or
verified by the Building Inspector to be properly elevated. Such
certification or verification shall be provided to the Building
Inspector.
C. Nonresidential construction shall either be elevated in
conformance with Section 15.24.200.A or B or together with
attendant utility and sanitary facilities:
1: Be floodproofed so that below the base flood level
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 this subsection are satisfied.
Such certifications shall be provided to the Building Inspector.
D. Require, for all new construction and substantial
improvements, that fully enclosed areas below the Lowest floor
that are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walla by allowing
for the entry and exit of flood waters. Designs fpr meeting this
requirement must either be certified by a registered professional
engineer or architect or meet or exceed the following minimum
criteria:
1. Either a minimum of two openings having a total net
area of not less than one (1) square inch for every square foot
of enclosed area subject to flooding shall be provided. The
bottom of all openings shall be no higher than one (1) 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 flood waters; or
2. Be certified to comply with a local floodproofing
standard approved by the Federal Insurance Administration.
E. Manufactured homes shall also meet the standards in
Section 15:24.230.
15.24.210 Standards for utilities. Standards for utilities
shall be as follows:
A. All new and replacement water supply and sanitary sewage
systems shall be designed to minimize or eliminate infiltration
of flood waters into the system and discharge from systems into
flood waters.
B. On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
15.24.220 Standards for subdivisions.
A. All preliminary subdivision proposals shall identify the
flood hazard area and the elevation of the base flood.
B. All final subdivision plans will provide the elevation
of proposed structure(s) and pads. If the site is filled above
the base flood, the final pad elevation shall be certified by a
registered professional engineer or surveyor and provided to the
Building Inspector.
C. All subdivision proposals shall be consistent with the
need to minimize flood damage.
D. All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical, and water systems
located and constructed to minimize flood damage.
E. All subdivisions shall provide adequate drainage to
reduce exposure to flood hazards.
15.24.230 Standards for manufactured homes. All new and
replacement manufactured homes and additions to manufactured
homes shall:
A. Be elevated so that the lowest floor is at or above the
base flood elevation; and
B. Be securely anchored to a permanent foundation system to
resist flotation, collapse or lateral movement.
15.24.240 Floodways. Located within areas of special flood
hazard established in Section 15.24.070 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:
A. Prohibit encroachments, including fill, new
construction, substantial improvements, and other development
unless certification by a registered professional engineer or
architect is provided demonstrating that encroachments shall not
result in any increase in flood levels during the occurrence of
the base flood discharge.
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B. If subsection A of this Section is satisfied, all new
constructidn and substantial improvements shall comply with all
other applicable flood hazard reduction provisions of Sections
15.24.170 through 15.24.250.
15.24.250 Mudslide (i.e., Mudflow)-prone areas.
A. The Building Inspector shall review permi:s for proposed
construction or other development to determine if it is proposed
within a mudslide area.
B. Permits shall be reviewed to determine that the proposed
development is reasonably safe from mudslide hazar9s. Factors to
be considered in making this determination include but are not
limited to:
1. The type and quality of soils;
1 2. Evidence of ground water or surface water problems;
3. The depth and quality of any fill;
4. The overall slope of the site; and
5. The weight that any proposed development will impose
on the slope.
C. Within areas which have mudslide hazards, the following
requirements apply:
1. A site investigation and further review shall be
made by persons qualified in geology and soils engineering;
2. The proposed grading, excavation, new construction,
and substantial improvements shall be adquately designed and
protected against mudslide damages;
3. The proposed grading, excavations, new construction
and substantial improvements do not aggravate the existing hazard
by creating either on-site or off-site disturbances; and
4. Drainage, planting, watering, and maintenance shall
not endanger slope stability.
D. Within Zone M on the Flood Insurance Rate Map, the
community shall adopt a drainage ordinance which at least
complies with the standards of Sections 7001 through 7006 and
Section 7008 through 7015 of the most recent amendment of the
1973 Uniform Building Code:
1. The location of foundation and utility systems of
new construction and substantial improvements;
2. The location, drainage and maintenance of all
excavations, cuts and fills and planted slopes;
3. Protective measures including but not limited to
retaining walls, buttress fills, subdrains, diverter terraces,
benchings, etc.; and
4. Engineering drawings and specifications to be
submitted for all corrective measures, accompanied by supporting
soils engineering and geology reports.
SECTION 3: This Ordinance shall take effect as provided by
law.
PASSED AND ADOPTED on this 28thday of March , 1988,
upon the following roll call vote.
AYES:
Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
ATTEST:
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OF THE CITY OF BEAUMONT
APPROVED AS TO FO
42
'
IT TOR
CERTIFICATION
I, Robert J. Bounds, City Clerk of the City of
Beaumont, DO HEREBY CERTIFY that the foregoing Ordinance was
introduced at a.regular meeting of the City Council of said City
held on March 14 , 1988, and was duly adopted upon second
reading on March 28 , 1988, upon the following roll call
vote:
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: - None.
ABSENT: None.
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CITY CLER , CITY CF BEAUMONT