HomeMy WebLinkAboutOrd 2668 - Amending Title 18 (Zoning Floodplain Overlay District) ORDINANCE NQ. 2668
AN ORDINANCE OF THE CITY 4F REDDING AMENDING TITLE 18
(ZONING), CHAPTER 18.51 (FLOODPLAIN OVERLAY DISTRICT), BY
AMENDING SECTIONS 18.51.020 (BASIS FOR ESTABLISHING AREAS
OF SPECIAL FL40D HAZARD), 18.51.030 (GENERAL PROVISI4NS),
18.51.08Q (CONSTRUCTION STANDARDS}, 18.51.150 (NON-
C4NF4RMING USES IN THE �'LOt3DWAY OR FL40DPLAIN), AND
18.5L190 {VARIANCES)
WHEREAS, the Planning Cammission held a duly notieed public hearing pertaining to the
attached amendments to Redding Municipal Cade Title 18, Zoning, on February 27, 2024, and
recommended that the City Cauncil adopt said amendments; and
WHEREAS, the City Council held a duly noticed public hearing an Apri12, 2024, priar to the
first reading of this Ordinance;
Nt7W, THEREF4RE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
�F REDDING DOES ORDAIN AS FOLLOWS:
Section l. Tit1e 1$ (Zonin�}, Chapter 1$.51 (Floodplain Overlay District), Sections
18.51.020{Basis for Establishing Areas of Special Flood Hazard), 18.51.030(General Provisions),
18.51.080 (Constructian Standards), 18.51.150 (Nonconforming Uses in the Floodway or
Floodplain}, and 1$.51.190 (Variances) is hereby amended to read as follows:
18.51.020 Basis far Establishing Areas of Special Flood Hazard
The areas of special flood hazard identified by the Federal Emergency Management Agency
{FEMA)in the Flood Insurance Study(FIS)for Shasta Caunty, California and Incorporated Areas
dated December 16, 2021, and accompanying Flood Insurance Rate Maps (FIRMS) and all
subsequent amendments andlor revisians, are hereby adopted by reference and declared ta be a
part of this ordinance. The FIS and attendant mapping are the minimum area of applicability of
this ordinance and are supplemented by the Citywide Storm Drain Master Plan by
Montgamery-Watsan Engineers dated October 1993. These studies may be further supplemented
by the Flaodplain Administrator based upon the best a�ailable information, which may include
any base fload elevation and floodway data available from a federal or state agency, ather flooding
studies, measured high-water elevations from historic flooding events, local topography, or other
available infarmation accepted by the City Engineer. The FIS, FIRMs, Montgomery-Watson
drainage study and any other special studies are on file at the Development Services Department,
77'7 Cypress Avenue, Redding, California 96049-6071.
18.51.030 General Provisions
A. Applicability
The regulatians af this chapter provide seven levels of pratection within and along waterways af
the "FP'" Floodplain Overlay District by (1) generally prc�hibiting develapment within the
floodway, (2) allowing anly limited use and development in the flood fringe, (3) regulating uses
and development on properties contiguous to the flood fringe and outside of the flaadplain,which
do not meet the minimum protection standards, (4}reviewing proposed development located in
designated scenic carridors, (5) reviewing all develapment 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 ta determine if
the propased development adversely affects the flaod-carrying capacity of the area of special flood
hazard.
Accardingly,the regulatory scope of this chapter is as follows:
l. These regulatians and standards shall be applied uniformly ta all lats which, after
considering evidence from fload experience and engineering studies, are deemed
subject to inundation by a 100-year flood or are within the "FP" District of the City
limits. These regulations and standards 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 autside the FEMA 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 unpratected lowest 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 determined to be contiguous ta, within, or partially within the
floodplain subsequent ta the adoption of this chapter is autamatically subject to the
regulatians of the "FP" District withaut further cansideration by the Planning
Commissian and City Council and shall be considered as if already zaned "FP"
District.
4. Ensure that flaodplain develapment does not unnecessarily adversely affect a
scenic carridor or riparian habitat.
B. Interpretation
1. Except as provided for in this chapter, all develapment and uses in the base
flaodplain, 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 Citywide Storm Drain Master Plan, shall
comply with the standards af Section 60.3(a, b, c, and d) and Section 60.6(a)of the
Rules and Regulations of the National F1aod 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 baundary and actual field
conditions and the conflict cannot be attributed to fill material being deposited to
alter the elevations, the Floodplain Administratar and City Engineer may make
interpretatians, where needed, as to the exact location of the boundary of the
floodway and 100-year floodplain consistent with the purpose of this chapter. Any
person cantesting the location of the boundary shall be given a reasanable
apportunity to appeal the interpretation to the Planning Commission. Such appeals
sha11 be reviewed consistent with the varianee and exception procedures of Tit1e
44, Section 60.6 of the Rules and Regulations of the National Flood Insurance
Program {44 CFR 59, etc.). A11 casts for information necessary to make an
interpretation shall be borne by the property owner and shall follow the procedures
listed in Section 18.51.100,
4. Backwater areas along streams, which rise or fall with the level of water in the
adjacent stream, are cansidered tfl be within the hase floodplain of the adjacent
creek or stream unless proven by a registered hydrologistl engineer that these water
levels are not the same level as the base flac�d of the adjacent stream and may have
a base floodplain af their awn.
5. When base flaad elevatian data has not been provided by federal, state, or local
agencies, the owner shall be responsible for abtaining the infarmatian in
aceordance with Sectian 18.51.100.
6. The Transpartation and Engineering Department and Development Services
Department will review proposed develapment to ensure that all necessary permits
have been received fram those governmental agencies from which appraval is
required by federal or state law, including Sectian 404 of the Federal Water
Pollution Control Act Amendments of 1972 and CDFG's 1601 or 1603 Agreements.
C. Department Records
1. In additian to the requirements af the building code and these regulations, and
regardless af any limitation on the period required for retention af public records,
the Floodplain Administrator shall maintain and permanently keep and make
available for public inspection all records that are necessary far the administration
of these regulations.
18.51.080 Constructian Standards
Any structures or construction activities within the flood fringe ar floadway shall be subject to the
following:
A. Construction, General
1. No construction or grading is to limit the capacity of the floodway or increase the
base flood elevation unless the following requirements are met:
a. Revision to the Fload Insurance Rate Map is prepared by the applicant's
engineer and is adopted by FEMA in accardance with 44 CFR 65 to
incorporate the increase in the base flood elevatian.
b. Apprapriate legal documents are prepared in which a11 property awners
affected by the increased base flood elevations consent to the impacts an
their property.
B. Ancharing
1. All new construction and substantial improvements subject to a 100-year flaad shall
be anchored to prevent flotation, collapse, or lateral movement of the structure.
C. Construction Materials and Methods
1. AlI new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage and flood-resistant
materials, as specified in FEMA Technieal Bulletin 2-93 entitled, Flood-Resistant
Materials Requirement, when subject to a lOQ-year flaad.
2. All new canstruction and substantial improvements shall use methads and practices
that minimize flood damage.
3. All nonstructural elements that function as a part of the structure, such as furnace,
hot-water heater,air conditioner,electrical equipment,plumbing fixtures,and other
service facilities shall be elevated to one foot above the base flood elevation or to
the depth number specified on the Flaod Insurance Rate Map (FIRM) or the
Citywide Storm Drain Master Plan{whichever is more restrictive),plus one foat.
D. Elevation and Fload-Praafing
1. Residential construction, and accessary structures thereto, including new ar
substantial improvement in fload zones A,AE,AO,or A1-30, shall have the lowest
flaor, including basement_and machinery and equipment servicing the building,
elevated a minimum of c�ne foot abave the base flaod elevation, as determined by
the FIRM maps, by the methad in Section 18.51.100, or by the Citywide Master
Starm Drain Study by Montgomery-Watson Engineers, whichever is more
restrictive. The elevation of the lowest flaor, including the basement, shall be
certified by a registered professional engineer or licensed land surveyar per Section
18.51.080{D}(4) and (5}. Said certification shall be submitted to the development
services department for approval and to verify that certification requirements have
been met.
2. Nonresidential construction,including new ar substantial improvement,shall either
be elevated consistent with subsection (D}(1) of this sectiQn or together with
attendant utility and sanitary facilities shall be required to do the following:
a. Be flaadproofed below the elevation required under Section
18.51.080(D)(1) of this section so that the structure is watertight with wa11s
substantially impermeable to the passage of water.
b. Have structural components capable of resisting hydrastatic and
hydrodynamic loads and effects of buoyancy.
c. Be certified by a registered prafessional engineer, licensed land surveyar,
or architect that the standards of this subsection and the standards required
in FEMA Technieal Bulletin 3-93, entitled tVonresidential FZood�'rQafing
Requirements and Certification are satisfied. Such certifications shall be
provided to the City's Development Services Department.
3. All new canstruction and substantial improvement with fully enclosed areas below
the lawest 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 automatieally equalize hydrostatic flood forces on exterior walls by
allawing for the entry and exit of flaodwaters. Designs for meeting this
requirement must meet the specifications in the FEMA Technical Bulletins 1-93
and 7-93, entitled Openings in �'oundation T�Tlalls and Wet Flood pt�oofing
Requirements, respectively, and/or exceed the following minimum criteria:
a. Be certified by a registered professional engineer or architect.
b. Have a minimum of two openings on different sides of the structure,having
a total net area of not less than one square inch for every square foot of
enclosed area subject to flaoding. The bottom of all openings shall be no
higher than one foot above grade. 4penings may be equipped with screens,
louvers, valves, or other coverings ar devices,provided that they permit the
automatic entry and exit of floodwaters.
4. An Elevation Certificate for residential canstruction(FENIA Form FF-206-FY-22-
152)of the lawest adjacent grade and lawest flaor, based on construction drawings,
shall be required priar to issuance of a building permit. Prior to pouring a
foundation, the engineer shall provide written verification that�he foundation farm
elevations are consistent with elevations shown on approved construction drawings.
A second certification of the elevation of the lowest floor and utilities is required at
the time of finished construction prior to final building permit approval (prior ta
occupancy). The Elevation Certificates must be prepared by a licensed land
surveyar, registered professional engineer, or architect who is autharized by state
or local law to certify elevation and sha11 be approved by the Development Services
Department. Failure to submit elevation certification shall be cause to issue a stop-
work order for a project.
5, An Elevation Certificate (FEMA Form FF-206-FY-22-152) or a nonresidential
Flood Proafing Certificate {FEMA FF-2Q6-FY-22) for nonresidential canstruction
is required prior to issuance of a building permit. Prior to pouring a foundation,the
engineer shall provide written verification that the foundatian form elevations are
consistent with elevations shown on approved construction drawings. A second
Elevation Certificate is required at the time of finished construction, prior to the
final building permit.
E. Substantial improvement and substantial damage determinations.
For applicatians for bui�ding permits to improve buildings and structures, including
alterations, movement, repair, additions, rehabilitations, renovatians, substantial
improvements, repairs of substantial damage, and any other improvement of or wark on
such buildings and struetures, the Floodplain Administratar, in coardinatian with the
Building Official, shall:
1. Estimate the market value,or require the applicant to obtain a professional appraisal
prepared by a qualified independent appraiser, of the market value of the building
or structure before the start of construction of the proposed work; in the case of
repair,the market value of the building or structure shall be the market value before
the damage occurred and before any repairs are made.
2. Compare the cost to perform the improvement, the cost to repair the damaged
building to its pre-damaged condition, or the cambined costs of improvements and
repairs, where applicable, to the market value of the building or structure.
3. Determine and document whether the proposed wark constitutes substantial
improvement or repair of substantial damage.
4. Natify the applicant when it is determined that the wark constitutes substantial
improvement ar repair of substantial damage and that compliance with the flood
resistant construction requirements of the building code is required and notify the
applicant when it is determined that work does not constitute substantial
improvement or repair of substantial damage;
F. Standards for U�ilities
l. All new and replacement water-supply and sanitary-sewage systems shall be
designed to minimize or eliminate infiltration of flaodwaters into the system and
discharge from systems into floodwaters.
2. On-site, waste-disposal systems shall be loeated to avoid impairment to them or
contamination from them during flaoding.
G. Standards for Levees
1. Design criteria for levees shall incorparate adequate design, operatian, and
maintenance systems to pravide protection from the base flood. The following
requirements must be met:
a. Freeboard. Riverine levees must pravide a minimurn freeboard af three (3)
feet above the water-surface level of the base flood. An additional one foot
above the minimum is required within one-hundred(100} feet of either side
of structures (such as bridges) riverward of the levee or wherever the flow
is eonstricted. An additional one-half(1/2) foot above the minimum at the
upstream end of the levee, tapering to nat less than the minimum at the
downstream end of the levee, is also required.
H. Standards for Manufactured Homes
1. All manufactured homes that are placed or substantially impraved within Zones A,
AO, A1-30, AE, or AH on the Flood Insurance Rate Map or in the lOQ-year
floodplain as identified an the Citywide Storm Drain Master P1an shall be elevated
on a permanent foundation such that the lowest floor af the manufactured home,
including machinery or equipment servieing the building, is elevated at least one
foot above the base floodplain elevation and be securely fastened to an adequately
anchored faundation system to resist flotation collapse and lateral movement.
18.51.150 Nonconforming Uses in the Flaadway or Floodplain
A, Floodway
If any nonconforming use or structure within the flaadway is destroyed by any means,
including floods to an extent of fifty percent (50%) or more of its market value as defined
in Section 18.51.020, it sha11 not be reconstructed.
B. Flood Fringe
Within the flood fringe, a structure may be reconstructed pursuant to the Nonconforming
Uses, Structures Section of the City's Zoning Code,provided that upon reconstruction, the
structure is adequately and safely flood praafed, elevated, or otherwise protected in
conformity with the requirements of this ordinance.
18.51.190 Variances
A. The Planning Commission shall hear requests for variances from the requirements af this
chapter.
B. Those aggrieved by the decisian of the Planning Commissian may appeal such decision ta
the City Council.
C. In considering a variance application,the Planning Cammission shall cansider a11 technical
evaluations, all relevant factors, standards, etc., specified in other sections of this chapter,
and:
l. The danger that materials may be swept onta other lands to the injury af others.
2. The danger to life and property due ta flooding ar erosian damage.
3. The susceptibility af 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 carnmunity.
5. The necessity to the facility of a waterfrant location, where applicable.
6. The availability of alternative locations far the proposed uses that are not subject to
flooding or erosion damage.
7. The compatibility of the prapased use with existing and anticipated development.
$. The relationship af the praposed use to the comprehensive plan and
floodplain-management program for that area.
9. The safety af access ta the property in times of flood for ordinary and emergency
vehicles.
10. The expected heights, velocity, duratian, rate of rise, and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site.
11. The casts of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities, such as sewer,
gas, electrical, water system, and streets and bridges.
D. Upon consideration of the factors of Section 18.51.190(C} and the purpose of this chapter,
the Planning Commissian may attach such conditions to the granting of variances as it
deems necessary to further the purpose of this chapter.
E. The Floadplain Administrator shall maintain the recards of all appeal actions and report
any variances to the Federal Insurance Administration of the Federal Emergency
Management Agency in the biennial report.
F. Conditions for Variances:
1. Variances may be issued for the repair, rehabilitation, ar restaratian af structures
listed on the Natianal Register of Historic Places ar the State Inventory of Histaric
Places, provided that the proposed repair, rehabilitation, or restoration will not
preclude the structure's continued designation as an histarie structure and the
variance is the minimum necessary to preserve the historic character and design of
the structure.
2. Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
3. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flaod hazard, to affard relief.
4. �ariances sha11 only be issued upon:
a. A showing of good and sufficient cause, such as renavation, rehabilitation,
or reconstruction. Variances issued for economic considerations,
aesthetics, or because variances have been used in the past, are not gaod
and sufficient cause.
b. A determination that failure to grant the variance would result in exceptional
hardship to the applicant.
c. A determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, ar extraordinary public
expense; create nuisances; cause fraud on or victimization to the public; ar
conflict with existing locallaws or ordinances.
5. 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 elevatian below the base
flood elevation and that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation. It is recommended
that a copy of the notice be recorded by the Floodplain Administrator in the Office
of the Shasta Caunty Recarder and be recorded in a manner so that it appears in the
chain of title of the affected parcel of land.
Section 2. Severability. If any seetion, subsection, sentence, clause or phrase af this
Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining portions of the ordinance.The City Council
of the City of Redding hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases may be held invalid or unconstitutional.
Section 3. The passage of this ardinance is nat a "praject" according to the definition in
the California Environmental Quality Act, and therefore is not subject to the provisions requiring
environmental review.
Section 4. This ordinance shall take effect thirty {30) days after the date of its adoption,
and the City Clerk shall certify to the adoption thereof and cause its publication according to law.
I HEREBY CERTIFI'that the faregoing ordinance was introduced and read by the City Couneil of
the City of Redding at a regular meeting on the 2nd day of April,2024, and was duly read and adopted
at a regular meeting on the 16th day of April, 2024, by the following vote:
AYES: COUNCIL MEMBERS: -Dacqaisto,Mezzano,lVIunns,Winter,Audette
NC)ES: COITNCIL MEMBERS: -None
ABSENT: COUNCIL MEMBERS: -None
ABSTAIN: Ct3UNCIL MEMBERS: -None „�
�
_ ��
ENESSA AUDETTE,Mayor
ATTEST: FORM APPROVED:
, �
�`;: �� �` -�
,.-��� �'.��..�._ �'� ?���� ..� �, ��,�,
.� SHARLENE TIPTON, ity Clerk CHRISTIAN M. CURTIS, City Attorney
�
DATE ATTESTED: ��; � ' ��'���'�
�� � 3��:'��, 2024
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SUMMARY OP CITY
OF REDDING
L7RDfNAIVGE N0.2b58
Pursuant to GoveYnmeiit
�o�ie section36933tE)(1), the
failowins is n summary
report of the CitY af
Reddina's Ordinance No.
2b58, an ordinance of 3he CitY
Council af the City of
Redding crmendin� Redding
Municipai Code Titie i�
(Zonin�), Ehapter 18:51
(„FP;" Floodpiain OverlaY
bistrict},
The purpose of the pmentl-
menis is i'o update the Flood-
piUin regulations to complY
witfi Federal Emer9ency
MaiScrgemenfi� � Agency
(FEMA) criteria, nnd to
clarify the intent of tfie exist-
ing regulatians and complY
witfi federcrl law.
The ordinance pro�oses
amendments to the following
sections.
78.51.020 Basis far establish-
��ing� .dY2ClS �Of spOCiql f104d
hazaed, ta correct certain
references nntl dtites:
18:51:030 General provisions
to insert adUitional langua5e
to add ciarltY and specifiics
regarding the avaiiabilitv
and keepin9 of records
pertaining to administration
of the floodplain or�linance.
18:51:484 Gonstruction stan=
dartls,to:1}pdd language to
inc-lude machinerY and
�equipment servicing� tlie��
buildin�(s)to be eievatecl; 2)
requires versus recommends
floodproofin� below required
base fiood elevafiion; 3)
corrects carle references; 4)
updutes reference to FEMA
forms; and 5) adds Ianguage
regarcling substantial
improvement and substantial
damt�ge determinntion.
18:51.150 f�onconforming
uses in the floadway or
#loodplain, to reformat and
inSeYf dddifii4rtal IangUpge
for�Iarity.
1&.Sb:l9p Variances�to etimi-
nate Ianguage not consistenf
with 'federat regulations'
regarding variances for new
consfruction and substantial
improvemenfis on lots of one-
half acre or less,
I HEREBY CERTIPY tfiat
this Orclinunce was intro-
duced and rer�d at a regular
meeting of the CitY Gouncil
of ttie CitY ot Reddin� on the
reguPar meeting of the Gitv
Council �f Yhe Cifiv af
Rediiing on April Z 2024,cind
was duly read and adopTed
an fhe 16ih tlr�Y ot April,2D24,
ut a regular meeting of tfre
CFty Councfl by ihe fallawing
vote:
AYES: Council Memhers:
Dacquisto, Mezzano, Munns,
'Winfer,and Audette
NOESc Covncil Members'i
Nane
ABSENTi Councif Membersz
None
ABSTAiN: Councif
Members: None
/sJTenessa Audette
TENE55A AUDETTE,
Mayor
ATTEST:
!si 5hariene Tipt4n
SHARLENE TIPTON,City
Clerk
FORM APPROVED:
Js/Christian M.Gurfis
CHRISTIAN M.CUR715;
�itv Attcsrnev
A complete copv of' Ordi-
nnnte No 2668 is on file and
available for review in tlie
6ffite otthe City Clerk;
DRTE D: 04/18/2024i
4/24/2024#1004472fi
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FFI A�iT F �ll�LI��TI c�r�o��cE��rvvi�i-'�Nc a�b�Nia
Schedule No:5482
Furnish and Deliver One (7) 2WD RegulaY Cab One-7on
Natil1 Tyler" SRW Truck wifh UtiiitY Body DatelTirre Due:Mondav,Mnv
Rcciciing City Ot� 20,2024 nrior ta 3:00 p.m. You�Y�av obtain a copx ot tfie NIB
bY downloading from the Eitv's website at htfips;llwww:cifiy_
Po$�x 49�071 ofreciclins_g�9overnmentlrlepartmentsJpurchasinell�id
Recltiing CA 96�49-(7t}71 opportunities.php or bv contacting Tvler Nash, Buyec, at
{530} 225-4735; tnnsh@cityofredding.arg.
4/2412024 f110102551
S7ATE QF WISCONSIN,C�UNTY OF BROWN
The Record 5earchiight a newspaper published ir�the eity of
Redding,Shasta Gounty,State of Galifomia,and personai
knowiedge of the facts herein state and that the notice hereto °
annexed w�s Pubiished in said newspapers in the issue:
04J24/2624
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Order No: 10102567 #of Copies:
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