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HomeMy WebLinkAboutItem 6.4 FloodControlOrd . e: . -.... CITY CLERK File # Dr.5l~-~ . AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 11, 1996 SUBJECT: PUBLIC HEARING: FLOOD CONTROL ORDINANCE Report Prepared by: Kenneth C. Petersen, Building Official EXlllBITS ATTACHED: 1) Draft Ordinance (red-lined version) 2). Draft Ordinance 3) Notice of Proposed Modifications in the Base Flood Elevations RECOMMENDATION: 1. ~^.[/ ;: 4. 5. 6. Open Public Hearing Receive Staff Report Receive Public Testimony Close Public Hearing Deliberate Waive Reading and Introduce Ordinance Amending Chapter 7.24 of the Dublin Municipal Code FINANCIAL STATEMENT: No measurable additional cost to the City. DESCRIPTION: The Federal Emergency Management Agency requires the City of Dublin 1) to adopt a new Flood Control Ordinance to comply with the latest revision of the State model ordinance, referencing the current insurance rate maps, dated August 18, 1983; and 2) once the new Flood Control Ordinance is adopted, inform City property owners of the preliminary revised FloO:d Insurance . Rate Maps that have been developed in 1996. I The process that will be followed includes: 1) Consideration of the new Flood Control Ordinance (tonight). 2) After adoption, notification of all property owners who would be affected by the new base flood elevations in Dublin. Holding of an informal meeting (J1tly 23, 1996) for the City Council to hear citizen concerns related to new flood zone areas and to have questions answered by representatives of FEMA and the Zone 7 Flood Control Agency. 3) Public notification of the proposed modifications in the base flood elevations were published in the Valley Times on May 24, and May 31. 1996. A copy of this notification is attached as Exhibit 3. ---------------------------------------------------------------~--- COPIES TO: ITEM NO.-.M a:agcndalflood.doc These base flood elevation, if finalized, will become the basis for the flood plain management measures that our City must ad~pt in order to remain qualified for participation in the National Insurance Progr~. Under Section 110. of the Flood Disaster Protection Act of 1973 (public Law 93-234), it is the intent of this legislation to provide notification and appeals for our community and for private persons prior to the Federal Emergency Management Agency (FEMA) making the base flood elevations final. During the 90-day. appeal period following the second publication (May 31, 1996) any owner or lessee of real property who believes his or her property rights will be adversely affected by the base flood elevations may appeal to the City. It shoUld.be noted, however, that the sole basis for such appeal is the possession of knowledge or infonnation indicating that the proposed base flood elevations are scientifically or technically incorrect. The appeal data must be submitted to Federal Emergency Management Agency (FEMA) during the 90.-day appeal period. It is stipulated by the Federal Emergency Management Agency (FEMA) that until appeals are resolved and the revised flood insurance rate map becomes effective the current Flood Insurance Rate Map dated August 18, 1983 will be in effect. I'{ The Federal Emergency Management Agency Will revise the Flood.Insurance Rate Map to be effective January 1, 1997. Staffhas identified 213 properties that will be included in the revised Federal Emergency Management Agency (FEMA) designated Special Flood Hazard Area and, therefore, will he subject to mandatory flood insurance. It has also been determined that 13 properties will be taken outside . the Special Flood Hazard Area. Letters are. being mailed to all of the above properties to infonn them 01&::-'.::',:., the revisions and to invite them to the City Council meeting of July 23, 1996 where they can have their-:':" '.: questions answered by' representatives of the Federal Emergency Management Agency (FEMA) and City Staff. f, Recommendation Staff recommends that the City adopt the New Flood Control Ordinance to.comply with the latest revision of the State model ordinance referencing the current Flood Insurance Rate Maps dated August 18, 1983. ..... . . , . .' .. . ORDINANCE No. -96 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 7.24 OF THE DUBLIN MUNICIPAL CODE The City Council of the City of Dublin does ordain as follows: SECTION 1 Section 7.24.050 of the Dublin Municipal Code is amended to read: Section 7.24.050 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 ordinance its most reasonable application: "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this chapter or a request for a variance. Area of Special Flood Hazards. See "Special flood hazard area." "Base flood" means the flood having a one percent change of being equaled or exceeded in any given year (also called the "one hundred (100) year flood"). "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. "Development" means any manmade man-made change to improved or unimproved real estate, including but not limitec;l to buildings or other structures, mining, dredging, filling, grading, paving excavation, or drilling operations or stora~e of equipment or materials. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of flood waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly cause by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. "Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emer~ency Mana~ement Agency or Federal Insurance Administration has delineated both the areas of flood hazard.s 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. r:xm-- ~'. ".9 . .,!,:.,..- 1 ' . Of "" - ., ''''': ~ s... ,> 51 ~ --- "Flood Insurance Study" means the official report provided by the Fedenil Insurance Administration that includes flood profiles, the FIRM,. the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. .. "Floodplain" or "floodprone area" means any land area susceptible to being inundated by water from any source. See definition of "Flooding." "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. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" 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." "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, but does not include long-term storage or related manufacturing facilities. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Lowest floor" means the lowest floor ofthe lowest enclosed area, includin2 basement (see "Basement" definition). -"'ill lHlfinished or flood resistant enclosure usable solely for parking of ':efficles, buildin;; 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 ns to render the struchH'e in violation of the npplicable nonclcvation design requirements of this chapter. I. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parkin2 of vehicles. buildin~ access or storage in an area other than a basement area. is not considered a buildinfs lowest floor provided it conforms to applicable non-elevation desi~n requirements. includin~. but not limited to: a. the wet floodproofing standard in Section 7.24.180.C.3. b. the anchoring standar~s in Section 7.24. 180.A. c. the construction materials and methods standards in Section 7.24.] 80.B. d. the standards for utilities in Section 7.24.] 90. . 2 . . .. 2. For residential structures. all subf:rade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade ~arages and stora~e 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 connected to the required utilities. For floodplain management purposes, the term "manufactured home" alse includes flMk trailcrs, travel trailers, and other similM "chides placed on a sitc fm greater than one hundrcd eighty (180) consecutive days. 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 sale or rent. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) ofl9~9 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "New construction" means for floodplain management purposes means structures for which the "start of constructi.on" conunenced on or after the effective date of a floodplain management regulation adopted by this conununity and includes any subsequent improvements to such structures. "One-hundred-year flood" or "1 OO-year flood" means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood" which will be the term used throughout this chapter. "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. "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. desi~ned to be self-propelled or permanently towable by a li~ht-duty truck: and 4. designed primarily not for use as a permanent dwellin~ but as temporal)' living quarters for recreational. camping. travel. or seasonal use. "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 non-compliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing Federal or State financial exposure with regard to the structure or other development. "Riverine" means relating to, formed by, or resembling a river, including tributaries, stream, brook, etc. "Special flood hazard area (SFHA)" means an area having special flood or flood-related erosion hazards, an shown on an FHBM or FIRM as Zone A, AI-30, AE, A99. 3 "Start of construction" means and includes substantial improvement and other proposed new development. and me.ans the date the building permit was issued, provided the actual start of . . construction, repair, reconstruction, rehabilitation. addition, placement, or other improvement was withi . one hundred eighty (180) days from the date ofthe permit date. The actual start means either the first placement of permanent construction ofa 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 state of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement. the actual start of construction means the first alteration of any wall. ceiling. floor. or other structural part of a building. whether or not that alteration affects the external dimensions of the buiIdin~. "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. Substantial Improvement. A. "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 started; or 2. If the structure has been damaged, and is being restored, before the damage occurred. .-. -. B. For the purposes ofthis 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, however, 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 ofa structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "Variance" means a grant of relief from the requirements of this ordinance 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 the community's floodplain management regulations. 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. REASON: Municipal Code section needs to be updated to comply with the latest revision of the State model ordinance. . 4 . .>. . SECTION 2 Section 7.24.060 of the Dublin Municipal Code is amended to read: Section 7.24.060 General provisions. General provisions for flood control are set out in Sections 7.24.070 through 7.24.+-W llQ. REASON: Municipal Code referenced the incorrect section ofthe Municipal Code. SECTION 3 Section 7.24.080 of the Dublin Municipal Code is amended to read: Section 7.24.080 Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration. (FIA) of the Federal Emergency Management Agency (FEMA) ef in the Federal Insurance .i\.dministration ~ in a scientific and engineering report entitled Flood Insurance Study (FIS) for the City of Dublin dated August J., l..8., 1983, with 6ft accompanying Flood Insurance Rate Map (EIRM) is hereby adopted by reference and decla:red to be a part of this chapter. This flood insuranee study is on file at the city of Dublin Offices, 6500 Dublin Blvd., Dublin Co^... 91568. This floos insuraflce study is the minimum a:rea of applicability of this chapter and may be sl-l:Flplemented by studies fer other a:rea which allow implementation of this ordiIlanoe and which a:re recommended to the city by the Floodplain !~dmiRistrator. and all subsequent amendments and/or revisions. are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mappin~ is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow i~plemenu;,tion of this ordinance and which are recommended to the City of Dublin by the Floodplain Administrator. The study and FIRM are on file at 100 Civic Pl~7Jl. City of Dublin Offices. Dublin. California 94568. REASON: Municipal Code referenced an incorrect date for the flood insurance rate map and flood insurance study. This section also needs to be updated to comply with the latest revisions of the State model ordinance. SECTION 4 Section 7.24.120 of the Dublin Municipal Code is amended to read: Section 7.24.120 Warning and disclaimer of liabilit)'. The degree of flood protection required by this ordinance 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 manmade 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, any officer or employee thereof, the State of California. the Federal Emer~ency Mana~ement A~ency, or the Federal 5 Insurance Administration of any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. REASON: MuniCipal Code section needs to comply with the latest revision of the State model.' ordinance. SECTION 5 Section 7.24.140 of the Dublin Municipal Code is amended to read: Section 7.24.140 Establishment of development permit. A development permit shall be obtained before construction or development begins within any area of special flood hazards, established in Section 7.24..f..l..G QS.Q. Application for a development permit shall be made on forms furnished by the Floodplain Administrator 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; B. Proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofea;. if required in Section 7.24.180.C.-3-2. C. All appropriate certifications' listed in Section 7.24.160 D of this chapter. .: D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. REASON: Municipal Code section needs to comply with the latest revision of the State model ordinance. SECTION 6 Section 7.24.160 of the Dublin Municipal Code is amended to read: Section 7.24.160 Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities ofthe floodplain administrator shall include, but not be limited 1.0: A. Permit Review. 1. Review all development permits to determine that the permit requirements of this ordinance have been satisfied; 2. All other required state and federal permits have been obtained; . 3. The site is reasonably safe from flooding; . 6 . - 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. For purposes of this chapter, ordinance "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will ftet 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 7.24.080, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source, in order to administer Section 7.24.-l--f.G180 through 7.24.220. 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 watercourse, and submit evidence of such notification to the Federal Insurance Administration and FEMA. 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 7.24.180 CI (lowest floor elevations), 2. The certification required in Section 7 .24.180(C)(2)( c), 3. The certification required in Section 7.24.l80(c)(3).(a) er (C)(3)(b), 4. The certified elevation required in Section 7.24.200B (subdivision standards), 5. The certification required in Section 7.24.220 A (floodway encroachments); E. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Sections 7.24.230 through 7.24.250. F. Take action to remedy violations ofthis ordinance as specified in Section 7.24.090 herein. REASON: Municipal Code section needs to he updated to comply with the latest revisions of the State model ordinance. SECTION 7 Section 7.24.170 of the Dublin Municipal Code is amended to read: . Section 7.24.170 Provision for flood hazard reduction. Provisions for flood hazard reduction are set out in Section 7.24.-l--f.G180 through 7.24.220 . REASON: Municipal Code section referenced the incorrect section of the Municipal Code. 7 'i SECTION 8 Section 7.24.180 of the Dublin Municipal Code is amended to read: . Section 7.24.180 Standards of construction. In all areas of special flood hazards the following standards are required: A. Anchoring. 1. 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. -. 2. All manufactured homes shall meet the anchoring standards of Section 7.24.210. B. Construction Materials and Methods. 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. 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. C. Elevation and F100dproofing. 1. New construction and substantial improvem"ent 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 (d..c2 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, ef and verified by the cODUnunity building inspector to be properly elevated. Such certification ef and verification shall be provided to the Floodplain Administrator. 2. Nonresidential construction, new or substantial improvement shall either be elevated in conformance with subsection Cl ofthis section or together with attendant utility and sanitary facilities: a. Be floodproofed so that below the base flood level, the structure is water-tight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; c. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator. 3. Require, for all All new construction and substantial improvements that with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parkin~ of vehicles. buildin~ access or stora~e. 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 either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria. .. .. a. ~ ~ a minimupl of two (2) openings having a total net area of not less than one- square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, ..., .. 8 .- . . louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaterst-ef. b. Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration. 4. Manufactured homes shall also meet the standards in Section 7.24.210. REASON: Municipal Code section needs to be updated to comply with the latest revision ofthe State model ordinance. SECTION 9 Section 7.24.200 of the Dublin Municipal Code is amended to read: Section 7.24.200 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 floods, elevation, the lowest floor and the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. C. All subdivision proposals shall be consistent with the need to minimize flood damage. D. All subdi'.'ision proposals shall be consistent with the need to minimize flood dama;;e. All subdivision proposals shall have public utilities and facilities such as sewer. ~as. electrical and water systems located and constructed to minimize flood damage. E. All subdivisions shall provide adequate "drainage to reduce exposure to flood hazards. REASON: Municipal Code section needs to he updated to comply with the latest revision of the State model ordinance. SECTION 10 Section 7.24.211 oftlte Dublin Municipal Code is added to read: Section 7.24.211 Standards for recreational vehicles. All recreational vehicles placed on sites within Zones A. A] -30. AH. and AE on the community's Flood Insurance Rate Map with either: 1. Be on the site for fewer than 180 consecutive davs. and be fully licensed and ready for highway use -- a recreational vehicle is ready for highway use if it is on its wheels or jackin2' system. is attached to the site only by quick disconnect tvpe utilities and security devices. and has no permanently attached additions. or 9 ./ I 2. Meet the permit requirements of Section 7.24.130 and the elevation and anchorin~ requirements for manufactured homes in Section 7.24.210. REASON: Municipal Code section needs to be added to comply with the latest revision ofthe State model ordinance. . SECTION 11 Section 7.24.220 oftlte Dublin Municipal Code is amended to read: Section 7.24.220 Floodways. Located within areas of special flood hazard established in Section;d 7.24.080 are areas designated as flood ways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters 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 encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge; B. If subsection A of this section is satisfied, all new construction and substantial improvements " '. . shall comply with all other applicable flood hazard reduction provisions of Sections 7.24.170 through .:".: this section. -. REASON: Municipal Code section referenced the incorrect section of the Municipal Code. SECTION 12 Section 7.24.230 oftlte Dublin Municipal Code is deleted. Section 7.24.230 Variance procedure. Variance procedures for flood oOHtrol are sct oat in SeotioHs 7.21.240 and 7.24.250. REASON: Municipal Code section needs to be deleted to comply with the latest revision of the State model ordinance. SECTION 13 Section 7.24.240 oftlte Dublin Municipal Code is amended to read: Section 7.24.240 Appeal board. A. The City Council shall hear and decide appeals and requests for variances from the requirements of this chapter ordinance. . .-.. ]0 r . . .. B. The City Council 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 ordinance. C. In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter ordinance. and: 1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger of life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage 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; 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 (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of sections 7.24.130 and 7.24.I70 of this ordinance subsections C1 tlrrough Cll ofthis section have been fully considered. As the lot size increases beyond one-half (1/2) 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 ofthis chapter. F. The Floodplain .^..dministrator shall maintain the records ef all appcal actions and report any va:riances to the Federal Insurance Administration l:l:pon request. The Floodplain Administrator will maintain a record of all variance actions. includin~ lustification for their issuance. and report such variances issued in its biennial report submitted to the Federal Insurance Administration. Federal Emer~ency Mana~ement A&ency. REASON: Municipal Code section needs to be updated to comply with the latest revision of the State model ordinance. II SECTION 14 Section 7.24.250 of the Dublin Municipal Code is amended to read: Section 7.24.250 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, consideration of 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; 3. A determination that the granting of a variance will not result in increased flood height, additional threats to public safety, extraordinary public expense, create nuisances, 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 ofthis section and section 7.24.240 D are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. F. Any applicant to whom a variance is granted 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 from the reduced lowest floor elevation. A copy of the notice shall be recorded by the Floodplain Board in the office of the Recorder of the county of Alameda and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. REASON: Municipal Code section needs to he updated to comply with the latest revision of the State model ordinance. SECTION 15 The provisions of this ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code .. _ of the State of California 12 ,. ;' ('- . .' . PASSED, AND ADOPTED BY the City Council of the City of Dublin, on this day of 1996, by the following votes: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 13 Mayor / I I ORDINANCE No. -96 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 7.24 . OF THE DUBLIN MUNICIPAL CODE The City Council of the City of Dublin does ordain as follows: SECTION 1 Section 7.24.050 of the Dublin Municipal Code is amended to read: Section 7.24.050 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 ordinance its most reasonable application: "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this chapter or a request for a variance. Area of Special Flood Hazards. See "Special flood hazard area." "Base flood" means the flood having a one percent change of being equaled or exceeded in any given year (also called the "one hundred (100) year flood"). "Basement" means any area of the building having its floor subgrade (below ground level) on all .. sides. "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. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of flood waters; (2) the unusual and rapid accumulatiun 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 cause by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. "Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of 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. ~"'~. it In'~,~T I) t.t" '~i' ~ 04. I!\~~ ~:: ~!). ~ ~-- . . .' "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM,. the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. "Floodplain" or "floodprone area" means any land area susceptible to being inundated by water from any source. See definition of "Flooding." "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 tenn describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. "Floodproofing" means any combination of structural and non structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" 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." "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, but does not include long-tenn storage or related manufacturing facilities. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition). 1. An unfi!lished 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 area, is not considered a building's lowest floor provided it confonns to applicable non-elevation design requirements, including, but not limited to: a. the wet floodproofing standard in Section 7.24.180.C.3. b. the anchoring standards in Section 7.24.180.A. c. the construction materials and methods standards in Section 7.24.180.B. d. the standards for utilities in Section 7.24.190. ? For residential structures, all subgrade enclosed areas are prohibited as they are considered ta be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas. 2 , ./ "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" does not . include a "recreational vehicle". "ManufactJ.lfed home park" or "subdivision" means a parcel (or contiguous parcels) ofland divided into two or more manufactured home lots for sale or rent. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) ofl929 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 the effective date of a floodplain management regulation adopted by this community and includes any subsequent improvements to such structures. "One-hundred-year flood" or "1 DO-year flood" means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood" which will be the term used throughout this chapter. "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. "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. "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 ofit~ non-compliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing Federal or State financial exposure with regard to the structure or other development. "Riverine" means relating to, formed by, or resembling a river, including tributaries, stream, brook, etc. "Special flood hazard area (SFHA)" means an area having special flood or flood-related erosion hazards, an shown on an FHBM or FIRM as Zone A, AI-3D, AE, A99. "Start of construction" includes substantial improvement and other proposed new development, . and means the date the building permit was issued, provided the actual start of construction, repair, . reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days from the date of the permit date. The actual start means either the first placement of 3 . . . 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 state of excavation; or the placement of a manufactured ho~e 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 roofe-d-building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Substantial Improvement. A. "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 started; or 2. If the structure has been damaged, and is being restored, before the damage occurred. B. 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 ex1:emal dimensions of the structure. The term does not, however, 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 Register of Historic Places or a State Inventory of Historic Places. "Variance" means a grant of relief from the requirements of this ordinance 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 the community's floodplain management regulations. 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. SECTION 2 Section 7.24.060 oftlte Dublin Municipal Code is amended to read: Section 7.24.060 General provisions. General provisions for flood control are set out in Sections 7.24.070 through 7.24. 120. 4 " , SECTION 3 Section 7.24.080 oftlte Dublin Municipal Code is amended to read: . Section 7.24.080 Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration, (FIA) of the Federal Emergency Management Agency (FEMA) in the Federal Insurance study in a scientific and engineering report entitled Flood Insurance Study (FIS) dated August 18, 1983, with accompanying Flood Insurance Rate Map (EIRM) and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordin~ce. This FIS and attendant mapping is the minimum area of applicability ofthis ordinarice arid may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the City of Dublin by the Floodplain Administrator. The study and FIRM are on file at 100 Civic Plaza, City of Dublin Offices, Dublin, California' 94568. SECTION 4 Section 7.24.120 oftlte Dublin Municipal Code is amended to read: Section 7.24.120 Warning and disclaimer of liability. The degree of flood protection required by this ordinance 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 marunade 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. 1bis chapter shall not create liability on the part of the city, any officer or employee thereof, the State of California, the Federal Emergency Management Agency, or the Federal Insurance Administration of any flood damages that result from reliance on this chapter or any administrative decision la~lly made hereunder. SECTION 5 Section 7.24.140 o.ftlte Dublin Municipal Code is amended to read: Section 7.24.140 Establishment of development permit. A development permit shall be obtained before construction or development begins within any area of special flood hazards, established in Section 7.24.080. Application for a development permit shall be made on forms furnished by the Floodplain Administrator 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 10cati,'n 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; ... .... . B. Proposed elevatIOn m relatIOn to mean sea level to whIch any non-resIdential structure WIll be ... .. floodproof; if required in Section 7.24.1~0.C.2. 5 Ie I.... . . . . . C. All appropriate certifications listed in Section 7.24.160 D of this chapter. D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed developrpent. SECTION 6 Section 7.24.160 of the Dublin Municipal Code is amended to read: Section 7.24.160 Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to: A. Permit Review. 1. Review all development permits to determine that the permit requirements of this ordinance have been satisfied; 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. For purposes of this ordinance "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will 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 7.24.080, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source, in order to administer Section 7.24.180 through 7.24.220. 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 watercourse, and submit evidence of such notification to the Federal Insurance Administration and FEMA. 2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained; D. Obtain and maintain for publ"ic inspection and make available as needed: 1. The certification required in Section 7.24.180 Cl (lowest floor elevations), 2. The certification required in Section 7 .24.180(C)(2)( c), 3. The ce~ification required in Section 7.24.180(c)(3), 4. The certified elevation required in Section 7.24.200B (subdivision standards), 5. The certification required in Section 7.24.220 A (floodway encroachments); E. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and 6 ilf . I actual field conditions). The person contesting the location ofthe boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Sections 7.24.230 through 7.24.250. F. Take action to remedy violations of this ordinance as specified in Section 7.24.090 herein. .- SECTION 7 Section 7.24.170 of the Dublin Municipal Code is amended to read: Section 7.24.170 Provision for flood hazard reduction. . Provisions for flood hazard redu~tioi1 are- set out in Section 7.24.180 through 7.24.220 SECTION 8 Section 7.24.180 of the Dublin Municipal Code is amended to read: Section 7.24.180 Standards of construction. In all areas of special flood hazards the following standards are required: A. Anchoring. 1. All new constJ::uction 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. ..._..' 2. All manufactured homes shall meet the anchoring standards of Section 7.24.210. B. Construction Materials and Methods. 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. . 3. 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. C. Elevation and Floodproofmg. 1. 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 C2 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, 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, new or substantial improvement shall either be elevated in conformance with subsection CI of this section or together with attendant utility and sanitary facilities: . a. Be floodproofed so that below the base flood level, the structure is water-tight with . . . walls substantially impermeable to the passage of water; 7 r (" . .~ . b. Have structural components capable of resisting hydrostatic aiid hydrodynamic loads and effects of buoyancy; c. Be ~ertified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator. 3. All new construction and substantial improvements 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 either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria. a. Have a minimum of two (2)-openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 4. Manufactured homes shall also meet the standards in Section 7.24.210. SECTION 9 Section 7.24.200 of the Dublin Municipal Code is amended to read: Section 7.24.200 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 floods, elevation, the lowest floor and final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. . 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. SECTION 10 Section 7.24.211 of the Dublin Alunicipal Code is added to read: Section 7.24.211 Standards for recreational vehicles. All recreational vehicles placed on sites within Zones A, AI-3D, AH, and AE on the community's Floo.d Insurance Rate Map with either: 1. Be on the site for fewer than 180 consecutive days, and be fully licensed and ready for lughway use -- a recreational vehicle is ready for highway use if it is on its wheels or jacking 51ystem, is 8 r. ~' ! attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, or 2. Meet the permit requirements of Section 7.24.130 and the elevation and anchoring . requirements for manufactured homes in Section 7.24.210. SECTION 11 Section 7.24.220 oftlte Dublin Municipal Code is amended to read: Section 7.24.220 Floodways. Located within areas of special flood'nazard established in Section 7.24.080 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters 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 encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge; B. If subsection A ofthis section is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Sections 7.24.170. SECTION 12 .,: - , Section 7.24.230 oftlte Dublin Municipal Code is deleted. Section 7.24.230 Variance procedure. SECTION 13 Section 7.24.240. of the Dublin Municipal Code is amended to read: Section 7.24.240 Appeal board. A. The City Council shall hear and decide appeals and requests for variances from the requirements of this ordinance. B. The City Council 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 aJministration of this ordinance. C. In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance. and: 1. The danger that materials may be swept onto other lands to the injury of others; 23' TThhe danger ?b~ll~fe anfdthproperty ddu: to'I~oodind~ or erosion damflaged;d d h ffi f. . e susceptI I Ity 0 e propose laCl lty an Its contents to 00 amage an tee ect 0 such damage on the individual owner; 9 , ,. r-- . ..:. . 4. The importance ofthe 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; 11. The costs of providing goverrunental 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 (1 /2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of sections 7.24.130 and 7.24.170 ofthis ordinance have been fully considered. As the lot size increases beyond one-half (1/2) 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 Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency. SECTION 14 Section 7.24.250 of the Dublin Municipal Code is amended to read: Section 7.24.250 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 issuep upon a determination that the variance is the minimum necessary, consideration of the flood hazard, to afford relief. D. Variances shall only be issued upon: 1. A showing of good and sufficient cause; 10 ",1/ C"~ . .- . FEDERAL EMERGENCY MA,NAGEMENT AGENCY Proposed Flood Elevation Detenninations AGENCY: Federal Emergency Managemept Agency ACTION: Proposed rule. SUMMARY: Technical information or comments are solicited on the proposed and proposed modified base (l-percent-annual-chance) flood elevations (BFEs) shown on the preliminary revised Flood Insurance Study (PIS) and Flood Insurance Rate Map (FIRM) for your community. These BFEs and modified BFEs are the basis for the floodplain management measures that your community is required to either adopt or show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The comment period is 90 days following the second publication of this proposed rule in a newspaper of local circulation in your community. ADDRESS~S: The PIS and FIRM showing the proposed and proposed modified BFEs and their delineations are available for inspection at the Building Department, City of Dublin, City Hall, 100 Civic Plaza, Dublin, California. Send comments to: The Honorable Guy S. Houston Mayor, City of Dublin P.O. Box 2340 Dublin, California 94568 FOR FURTHER INFORMA nON CONTACT: Michael K. Buckley, P .E., Chief, Hazard Identification Branch, Mitigation Directorate, 500 C Street, SW, Washington, DC 20472, (202) 646-2756. :,.;-'" -. ~.i i; J ~. ~~,:<<'<t t~ ~.t'~.;;r.t \." ~.,;:~.!;.:,",,.,"....., _._~'--_._., 2 SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (FEMA) gives notice of the proposed determinations of BFEs and modified BFEs in accordance with Section 110 of the Flood Disaster Protection Act of 1973,42 V.S.C. 4104, and 44 CFR 67.4(a). These BFEs, together with the floodplain management measures required by 44 CFR 60.3. are the minimum that are required. They should not be construed to mean your community must change any existing ordinances that are more stringent in their floodplain management requirements. Your community may, at any time, enact stricter requirements on its own, or pursuant to policies established by other Federal, State, or regional entities. These proposed BFEs are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after the BFEs are made final, and for the contents in these buildings. Pursuant to the provisions of 5 V.S.C. 605(b) , the Associate Director for Mitigation, to whom authority has been delegated by the Director of FEMA, hereby certifies that the proposed BFE determinations, if promulgated, will not have a significant economic impact on a substantial number of small entities. A BFE detennination under Section 1363 fonns the basis for new local ordinances, which, if adopted by a community, will govern future construction within the floodplain area. By themselves, the . BFE detenninations impose no restriction unless and until the community voluntarily adopts floodplain ordinances in accord with these BFEs. Even if ordinances are adopted in compliance with Federal standards, the BFEs only prescribe building height in the floodplain and do not prohibit development. Thus, this action only fonns the basis for future local actions. It imposes no new requirement; of itself, it has no economic impact. Proposed BFEs and modified BFEs along flooding sources studied by detailed methods are shown on the preliminary revised PIS and FIRM. Lessees and owners of real property in the City of Dublin, . .~, . ,... -- ,...' . 3 Alameda County, California, are encouraged to review the FIS, FIRM, and related materials at the address cited above. The flooding sources studied by detailed methods are as follows: #Depth in feet above ground *Elevation in feet (NGVD) Source of Flooding Location Existing Modified Dublin Creek Just west of 1-580 and 1-680 Interchange None *332 Just upstream of Donlon Way None *380 Approximately 1,000 feet upstream of Donlon Way None *382 Line J-1 At confluence with Alamo Canal None *328 Approximately 300 feet upstream of Bellina Street None *405 Line J.3 At confluence with Line J -1 Gust north of Amador Valley Boulevard) *338 *339 Just upstream of Silvergate Drive None *420 Line J-4 At confluence with Line J-3 *359 *359 .. At Silvergare Drive (extended) None *362 Line J-5 Just west of San Ramon Road None *386 . ~. ~ . 3 Alameda County, California, are encouraged to review the FIS, FIRM, and related materials at the address cited above. The flooding sources studied by detailed methods are as follows: #Depth in feet above ground *Elevation in feet (NGVD) Source of Flooding Location Existing Modified Dublin Creek Just west of 1-580 and 1-680 Interchange None *332 Just upstream of Donlon Way None *380 Approximately 1,000 feet upstream of Donlon Way None *382 LineJ -1 At confluence with Alamo Canal None *328 Approximately 300 feet upstream of Bellina Street None *405 Line J-3 At confluence with Line J-l Gust north of Amador Valley Boulevard) *338 *339 Just upstream of Silvergate Drive None *420 Line J-4 At confluence with Line J-3 *359 *359 . At Silvergate Drive (extended) None *362 Line J-5 Just west of San Ramon Road None *386 . ;1)