HomeMy WebLinkAboutItem 6.2 FloodControlOrd (2)
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CITY CLERK
File # Df6j~[QJ-~[Q]
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 25, 1996
SUBJECT:
EXIDBITS ATTACHED:
RECOMMENDATION~
.:,'. FINANCIAL STATEMENT:
PUBLIC HEARlNG: FLOOD CONTROL ORDINANCE
Report Prepared by: Kenneth C. Petersen, Building Official
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Draft Ordinance (red-lined version)
Draft Ordinance
Notice of Proposed Modifications in the Base Flood
Elevations
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Open Public Hearing
Receive Public Testimony
Close Public Hearing
Deliberate
Waive Reading and Adopt Ordinance
No measw::able 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, infonn City property owners of the preliminary revised Flood Insurance
Rate Maps that have been developed in 1996. "..
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.
3) Holding of an informal meeting (July 23, 1996) for the City Council to hear citizen concerns
related to new flood zone areas and to have questions answered by representatives ofFEMA and
the Zone 7 Flood Control Agency.
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.
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COPIES TO:
B:Bgendalflood.doc
ITEMNO.~
These base flood elevation, if finalized, will become the basis for the flood plain management measures
that our City must adopt in order to remain qualified for participation in the National Insurance Program.
U?der ~ecti.on 110 of~e Flo?d Di.saster Protection Act of 1973 (P~~lic Law 93:234), it is the ~tent of ;'.'~J::',:::~
this legIslatIOn to prOVIde notificatIon and appeals for our commumty and for pnvate persons pnor to the '..
Federal Emergency Management Agency (FEMA) making the base flood elevations fmal.
During the 90-day appeal period followiI?-g 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 information indicating that the proposed base flood elevations are
scientifically or tecpnically incorrect. The appeal data must be submitted to Federal Emergency
Management Agency (FEMA) during the 90-day appeal petiod. '
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.
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The Federal Emergency Management Agency will revise the Flood Insurance Rate Map to be effective
January 1, 1997. Staffhas identified 213 properties thatwill be included in the revised Federal
Emergency Management Agency (FEMA) designated Special Flood Hazard Area and, therefore, will be
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 inform them of "
the revisions and to invite them to the City Council meeting of July 23, 1996 where they can have their
~=ions answered by representati~es of the Federal Emergency Management Agency (FEMA) and City <</"
Recommendation
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Steffrecommends 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.
The City Council introduced this Ordinance at the June 1 I, 1996, meeting. Therefore, Staff recommends
that the City Council conduct a public hearing, waive the reading and adopt the Ordinance.
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ORDINANCE No. -96
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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").
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"Basement" means any area ofthe building having its floor subgrade (below ground level) on all
sides.
"Development" means any marunl1de man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dr~dging, 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 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 lU1usually high water level in a
natural body of water, accompanied by a severe storm, or by an lU1anticipated 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
Emergencv Management Agency or Federal Insurance Administration has delineated both the areas of
flood hazards and the flood way .
.,': "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.
EXHIBIT 1
"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. e,:,:"
"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 of the lowest enclosed area, including basement (see
"Basement" definition). An unfinished or flood resistant enclosure usable solely for parking of vehicles,
building access or storage in an area othcr than n basement 'area is not considcred a buildin~' s lo'.vest
floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable
nonelevation design requirements of this chapter.
1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for
parkinji of vehicles. building access or storage in an area other than a basement area. is not
considered a building's lowest floor provided it conforms to applicable non-elevation design
requirements. includinji. 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 7.24.190.
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2. ~: re~d:nt;:1 strucu:s. all subgrade enclosed areas are prohibited as they are considered to
be em nt ( e "Base ent" d~fi~ition). This prohibition includes below-grade g-arag-es and
storage areas.
"Manufactured home" means a structure, transportable in one or more sections, which is built on
a pelTIlanent chassis and is designed for use with or without a pelTIlanent foundation when connected to
the required utilities. For floodplain management purposes, the tenn "manufactured home" al-5e
includes park trailers, tra','el trailers, and other similai" vehicles placed on a site for ;reatcr than one
hundred eighty (180) oonsec1:ltive 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) of 1929 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" 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 "lOa-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 tenn used
throughout this chapter.
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"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:
i' ~~; ~~uare reet or less when measured at the largest horizontal prqjection:
,. ~";i::;ed :.~ :lf~~~~ell:~ or pe;anently towable by a light-duty truck: and
4. e 1 ed ) a I tore a~ a ~anent dwelhng but as temporary hvmg 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.
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"Riverine" means relating to, fOlTIled 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.
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"Start of construction" mcans and 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 permanent construction ofa structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of colunms, 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 ofthe
building.
"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.
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B. For the.pUIposes 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, 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.
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REASON: Municipal Code section needs to be updated to comply with the latest revision of
the State model ordinance.
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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.-l---l4.ll.Q.
REASON: Municipal Code referenced the incorrect section of the 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 Administration s.1Y..dx in a
scientific and engineering report entitled Flood Insurance Study (FIS) for the City ofDu'Blin dated
August~, 18., 1983, with B:fl: accompanying Flood Insurance Rate Map (EIRM) is hcreby adopted by
reference and declared to be a part oftms chaptcr. This flood insurance study is on file at the city of
Dublin Offices, 6500 Dublin Blyd., Dublin c.\ 91568. This flood insurancc study is the miflimum area
of applicability of this chapter and may be supplemented by studies fer other Mca which alIo\"
implementation of this ordinancc and which MC recommended to the city by the Floodplain
Administrator. and all subsequent amendments and/or revisions. are hereby adopted by reference and
declared to be a part of this ordinance. This FrS and attendant mapping- is the minimum area of
~:Jica:;:~ ~f~iS ordinance and may be supplemented by studies for other areas which allow
. lem ti n fthis ordinance and which are recommended to the City of Dublin by the Floodplain
Administrator. The studv and FIRM are on file at 100 Civic Plaza. 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 ofliability.
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 Management A~ency, or the Federal
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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...J...W.Q.8.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
floodproofe4; if required in Section 7.24.180.C.~2.
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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 6f
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 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;
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4. The proposed development does not adversely affect the carrying capacity of areas where base
flood elevations have been determined but a fIoodway 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 oot increase the water surface
elevation of the base flood more than one (1) foot ill 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.+=7G180 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:
I. Notify adjacent conununities 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 Cl (lowest floor elevations),
2. The certification required in Section 7 .24.180(C)(2)( c),
3. The certification required in Section 7.24. I 80(c)(3).(a) or (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 encroaclunents);
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 of this ordinance as specified in Section 7.24.090 herein.
REASON: Municipal Code section needs to be updated to comply with the latest revisions of
the State model ordinance.
SECTION 7
Sectioll 7.24.170 of the Dublill 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.m 180 through 7.24.220
.': REASON: Municipal Code section referenced the incorrect section of the Municipal Code.
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SECTION 8
Section 7.24.180 of the Dublin Municipal Code is amended to read:
Section 7.24.180 Standards of construction.
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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 Floodproofing.
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 g.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 community 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 C 1 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;
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 solelv 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. BHflef ~ a minimu.m oftwo (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,
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louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of
floodwaterst-E*.
b. Be certified to comply v'lith a local floodproofin; 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 of the
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 subdivision proposals shall be consistent with the need to minimize flood dama;;e. 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.
REASON: Municipal Code section needs to be updated to comply with the latest revision of the
State model ordinance.
SECTION 10
Section 7.24.211 of the 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 1-30. AH. and AE on the
community's Flood Insurance Rate Map with either:
I. Be on the site for fewer than I 80 consecutive days. and be fully licensed and ready for
highwav use -- a recreational vehicle is ready for highway use ifit is on its wheels or iacking system. is
attached to the site onlv by quick disconnect type utilities and security devices. and has no permanentlv
attached additions. or
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2. Meet the permit requirements of Section 7.24,] 30 and the elevation and anchoring
requirements for manufactured homes in Section 7.24.2] O.
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REASON: Municipal Code section needs to be added to comply with the latest revision of the
State model ordinance.
SECTION 11
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Section 7.24.220 of the Dublin Municipal Code is amended to read:
Section 7.24.220 Floodways.
Located within areas of special flood hazard 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 of this section is satisfied, all new construction and substantial improvemems.'\,:
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 of the Dublin Municipal Code is deleted.
Section 7.24.230 Variance procedure.
Variance procedures for flood control are set out in Sections 7.21.210 and 7.21.250.
REASON: Municipal Code section needs to be deleted to comply with the latest revision ofthe
State model ordinance.
SECTION 13
Section 7.24.240 of the Dublin Municipal Code is amended to read:
Section 7.24.240 Appeal board.
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A. The City Council shall hear and decide appeals and requests for variances from the
requirements of this chapter ordinance. .
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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'
7.24.170 of this ordinance subsections Cl through Cll ohills 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 of this chapter.
F. The Floodplain .^...dministmtor shall maintain the records of all appeal actions and report any
ynriances to the Federal Insurance Administration upon request. The Floodplain Administrator will
maintain ~ record of all variance actions. including justifiCl\tion for their issuance. and report such
variances 'ssued in its biennial report submitted to the Federal Insurance Administration. Federal
Emergency Mana~ement Agency.
. REASON:
Municipal Code section needs to be updated to comply with the latest revision of the
State model ordinance.
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SECTION 14
Section 7.24.250 of the Dublin Municipal Code is amended to read:
Section 7.24.250 Conditions for variances.
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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, conside,ration 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.
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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 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 rc;ulatory base 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 be 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 .
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PASSED, AND ADOPTED BY the City Council of the City of Dublin, on this 25th day of June
1996, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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ORDINANCE No. -96
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 7.24
OF THE DUBLIN MUNICIPAL CODE
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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 flood way .
"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.
EXHIBIT 2
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"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 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 of the lowest enclosed area, including basement (see
"Basement" definition).
1. An unfil1ished 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 conforms 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.
2. For residential structures, all sub grade enclosed areas are prohibited as they are considered to
be basements (see "Basement" definition). This prohibition includes below-grade garages and
storage areas.
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"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 , .
~he required utilit~es. For ~oodplain management purposes, the term "manufactured home" does not .:::~
mclude a "recreatIOnal vehIcle". "
"Manufactpred 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) of 1929 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 "IOO-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.
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"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 ofit8
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.
"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, ,;,:
rtconstruction, 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
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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 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 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 tenn 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 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. 120.
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SECTION 3
Section 7.24.080 oft/Ie Dublin Municipal Code is amended to read:
Section 7.24.080 Basis for establishing the areas of special flood hazard.
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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 (ElRM) and ~ll subsequent amendments and/or revisions, are hereby adopted
by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the
minimum area of applicability of this ordinance and may be supplemented by studies for other areas
which allow implementation of this ordinance and which are reconunended 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 of the 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
~are occasions. Flo~d heights may be in~reased by manmade or natur~l caus~s. . This chapter d~es not .-'<.::
Imply that land outsIde the areas of speCIal flood hazards or uses permItted wIthm such areas wIll be fre . ::
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 Emergency Management Agency, or the Federal
Insurance Administration of any flood damages that result from reliance on this chapter or any
administrative decision lawfully made hereunder.
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 7.24.080. 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 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....
floodproof; if required in Section 7.24.1.80. C.2.
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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 o/tlte Dublin Municipal Code is amended to read:
Section 7.24.160 Duties and responsibilities ofthe 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 detennine that the pennit 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 ofthis
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 pubiic 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 certification 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
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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 of this ordinance as specified in Section 7.24.090 herein.
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SECTION 7
Section 7.24.170 of the Dublin Municipal Code is amelzded to read:
Section 7.24.170 Provision for flood hazard reduction.
Provisions for flood hazard redu~tion 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 cons~ction 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.
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B. Construction Materials and Methods.
I. 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 Floodproofing.
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 Cl 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;
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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. 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 Municipal 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
highway use -- a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is
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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.
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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 7.24.080 are areas designated
as flood ways. Since the flood way 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.
SECTION 12
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Section 7.24.230 oftlte Dublin Municipal Code is deleted.
Section 7.24.230 Variance procedure.
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 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
administration 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:
l. 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;
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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 ofthe 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
7.24.170 of this 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;
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2. A determination that failure to grant the variance would result in exceptional hardship to the
applicant;
3. A detennination 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 of this 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 pennitted to be built with a lowest floor elevation below the base flood elevation and that the
CJst 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 Alame_da and shall be recorded in a manner so that it appears in the chain of
title of the affected parcel ofland.
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
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PASSED, AND ADOPTED BY the City Council of the City of Dublin, on this 25th day of June
1996, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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FEDERAL EMERGENCY MA,NAGEMENT AGENCY
Proposed Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency
ACTION: Proposed rule.
SUMMARY: Technical information or comments are solicited on the proposed and proposed modified
base (l-percem-annual-chance) flood elevations (BFEs) sho\.VI1 on the preliminary revised Flood Insurance
Study (FIS) 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.
ADDRESSES: The FIS and FIRM showing the proposed and proposed modified BFEs and -iheir
delineations are available for inspection at the Building Departnient, 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 ThTf'ORM:A.TION CO?\'TACT: Michael K. Buckley, P.E.. Chief, Hazard Identification
Branch. Mitigation Directorate, 500 C Street. SW, Washington, DC 20472. (202) 646-2756.
EXHIBIT 3
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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 U.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 premiwn rates for
new buildings built after the BFEs are made fmal, and for the contents in these buildings.
Pursuant to the ptovisions of 5 D.S.C. 605(b), the Associate Director fOt 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 determination 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 determinations 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
srandards, 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 FIS and FIRM. Lessees and owners of real property in the City of Dublin,
.
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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 Dowon Way None *380
Approximately I,CXXJ feet upstream
of Dowon Way None *382
Line J-l 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
.
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