HomeMy WebLinkAboutOrdinance 2205 - Amend Chapter 18.47 • •
ORDINANCE NO. 220S
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF REDDING AMENDING PORTIONS OF REDDING
MUNICIPAL CODE CHAPTER 18.47, "FP" FLOODPLAIN
COMBINING DISTRICT.
The City Council of the City of Redding does ordain as follows:
Section 1. Portions of Redding Municipal Code Chapter 18.47, "FP" Floodplain
Combining District, are amended as follows:
I. Section 18.47.030 is amended to read as follows:
18.47.030. Basis for Establishing 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 Flood Insurance Study
(FIS) dated September 29, 1989, and accompanying Flood Insurance Rate Maps (FIRMS)
with Map Index dated September 29, 1989, and all subsequent amendments and/or revisions,
are hereby adopted by reference and declared to be a part of this chapter. The FIS and
attendant mapping are the minimum area of applicability of this chapter and are supplemented
by the Citywide Storm Drain Master Plan by Montgomery-Watson Engineers dated October
1993. The FIS, FIRM, and the Montgomery-Watson drainage study are on file at the
Development Services Department, 760 Parkview Avenue, Redding, California 96049-6071.
II. Section 18.47.040 is amended to read as follows:
18.47.040. General Provisions.
A. Applicability.
The regulations of this chapter provide seven levels of protection within and along
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waterways of the "FP" Combining District by (1) generally prohibiting development
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within the floodway, (2) allowing only limited use and development in the floodway
fringe, (3) regulating uses and development in properties contiguous to the flood
fringe and outside the floodplain, which do not meet the minimum protection
standards, (4) reviewing proposed development located in designated scenic corridors,
(5) reviewing all development permits to determine that the permit requirements of
this chapter have been satisfied, (6) reviewing all permits to determine that the site is
reasonably safe from flooding, and (7) reviewing all development permits to determine
if the proposed development adversely affects the flood-carrying capacity of the area
of special flood hazard.
Accordingly, the regulatory scope of this chapter is as follows:
1. These regulations and standards shall be applied uniformly to all lots which,
after considering evidence from flood experience and engineering studies, are
deemed subject to inundation by a 100-year flood, are within the "FP" District
of the City limits, and are recommended for all lots meeting the same criteria
within the City's sphere of influence.
2. These regulations and standards shall apply to land outside the floodplain but
within the "FP" District if the Planning Commission determines that the
proposed development or use of the property bears relationship to the
floodplain, has an unprotected finished floor level of less than two (2) feet
above the 100-year flood elevation, may adversely affect a designated scenic
corridor, or is in an area where a potential of bank undermining exists.
3. Property that is zoned "U" Unclassified District and is determined to be
contiguous to, within, or partially within the floodplain subsequent to the
adoption of this chapter is automatically subject to the regulations of the "FP"
Combining District without further consideration by the Planning Commission
and City Council and shall be considered as if already zoned "FP" Floodplain
District.
4. Ensure that floodplain development does not unnecessarily adversely affect a
scenic corridor or riparian habitat.
B. Interpretation.
1. Except as provided for in this chapter, all development and uses in the base
floodplain, including grading and fill, are prohibited without approval as specified
herein.
2. Any development within the floodplain as determined by FEMA or higher floodplain
elevation adopted by the City shall comply with the standards of Section 60.3 (a, b,
c, and d) and Section 60.6 (a) of the Rules and Regulations of the National Flood
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Insurance Program (44 CFR 59), incorporated herein by reference; the development
standards of this chapter; and any conditions of approval applied to the development.
3. Where there appears to be a conflict between a mapped boundary and actual field
conditions and the conflict cannot be attributed to fill material being deposited to alter
the elevations, the Planning Commission may make interpretations, where needed, as
to the exact location of the boundary of the floodway and flood fringe consistent with
the purpose of this chapter. Any person contesting the location of the boundary shall
be given a reasonable opportunity to appeal the interpretation. Such appeals shall be
reviewed consistent with the variance and exception procedures of Title 44, Section
60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR
59, etc.). All costs for information necessary to make an interpretation shall be borne
by the property owner and shall follow the procedures listed in Section 18.47.100.
4. Backwater areas along streams, which rise or fall with the level of water in the
adjacent stream, are considered to be within the base floodplain of the adjacent creek
or stream unless proven by a registered hydrologist/engineer that these water levels
are not the same level as the base flood of the adjacent stream and may have a base
floodplain of their own.
5. Encroachment into floodplains shall not cause the water velocity of the base flood to
increase more than two (2) feet per second, as measured at the closest point to the
proposed encroachment or any existing structures where the depth is two (2) feet; nor
shall water velocities be made sufficient to carry obstructions into the floodway; nor
shall the base flood elevation, as a product of encroachment, be raised by more than
three (3) inches from encroachment on one (1) side only or more than six (6) inches
taking into consideration encroachment on both sides.
6. All floodplain elevations shall include runoff from future upstream urbanization and
shall assume equal encroachment on both sides of a stream.
7. When base flood elevation data has not been provided by Federal, State, or local
agencies, the owner shall be responsible for obtaining the information in accordance
with Section 18.47.110.
8. Certification of the elevation of the lowest floor, flood-proofed elevation, or the
elevation of the structure's lowest horizontal member is required at the time when the
footings are set and slab poured. Failure to submit elevation certification shall be
cause to issue a stop-work order for a project. As-built plans, certifying the elevation
of the lowest adjacent grade, are required to be submitted to the Building Official.
9. The Public Works Department will review proposed development to ensure that all
necessary permits have been received from those governmental agencies from which
approval is required by Federal or State law, including Section 404 of the Federal
Water Pollution Control Act Amendments of 1972.
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Section 2. On the basis of the initial study prepared by the Development Services
Department, the City Council (1) finds that the amendment to Redding Municipal Code Chapter
18.47 has no substantial impact upon the environment and an environmental impact report is
not necessary, and (2) approves the negative declaration with the following findings: The
Project is compatible with the Redding General Plan, the surrounding land use
and the Code of the City of Redding, California, and will not significantly alter
existing land form.
Section 3. This ordinance shall take effect 30 days after the date of its adoption; and
the City Clerk shall certify to the adoption of this ordinance and cause its publication according
to law.
I HEREBY CERTIFY that this ordinance was introduced and read at a regular meeting of
the City Council on the 20th day of January, 1998; and was read and adopted at a regular meeting
of the City Council on the 3rd day of February, 1998, by the following vote:
AYES: COUNCIL MEMBERS: Anderson , Kehoe , McGeorge and Murray
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
9 / A
(29)-11i4A
KEN MURRAY, Mayor
Attest: Form Approved:
XiOr
Connie Strohmayer, Ci 1Clerk W. Leonard Winga City Attorney
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11110 .
In the Superior Court of the State of California
in and for the County of Shasta
CERTIFICATE OF PUBLICATION
ORDINANCE NO.2205
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
REDOING AMENDING PORTIONS OF REDOING MUNICIPAL
CODE CHAPTER 18.47, "FP" FLOODPLAIN COMBINING
DISTRICT.
The City Council of the City of Redding does ordain as fol-
No. 2205 I°Ws:
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d
Section 1. Portions of Redding Municipal Code Chapter
z+rJatSLfrl{1Fin District,are amended as fol-
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ows: eleva[o d of the j• Pt°1ecL@ll
Asbe It cause
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to certifying
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be submitted to the est adjacent rp plans,
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9. Thep 9 Offiaalade, 9uired to
City of Redding 7847 pmelnt toorks Department will review
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The been received l O• mrth that all necessar propos d de-
surar clu Bch approval is re ose governmental permits have
State of California
date ding Section q04 paired by Federal oragencieffi from
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I herebycertify that the Record Searchlight is a Barco gatrve de Impatible arationwith port is nut nn:
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newspaper of general circulation within the provisions 61 wild use and the c de of Ing following erairidin the h@ rov�ths
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Bf significantly alter sting land form, to a and
its
11date t ion of this dord n nand the Cityshalt
Clerk shall effect
30 days after the
printed and published in the City of Redding,County tion °,
of Shasta,State of California;that I am the principal I HEREBY and cavae its publication according°�
clerk of the printer of said newspaper;that the notice atY 1998'eC dR etFYgt o tlheisCordinance Was introduced and read
of which the annexed clipping is a true printed copy city coinail Was read and a top°ed cit a n the 20th day of Ja
nu-
was published in said newspaper on the following
vote:
he 3rd day of February, 799$bthe tfolg w n8
OUNCIL
dates,to wit; NOES:
ABSENT. COUNCIL MEMBE RS. Anderson,Kehoe,McGeorge,
ry
ABSTAIN:COCOUNCIL MEMBERS:S. None
UNCIL MEMBERS: None
February 11, 1998.
s/Ken Murray
Attest: KEN MURRAY,Mayor
I certifyunder penaltyof perjury that the
foregoingCit° Strohmayer, Form Approved:
P J ry cDNc Ark VV Leon ,
is true and correct,at Redding,California on the FebruarysTROH98 AYER Wt LE Attorney
Wingate, !
MM LEONARD WIryGATE - �
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