HomeMy WebLinkAbout _ 4(c)--Adopt Ordinance No. 2668, Amending Rezoning Application RZ-2024-00163, � � �' � � �
� � � ' � �' � � ' � ` CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: April 16,2024 FROM: Jeremy Pagan, Development
ITElVI NO. 4(c) Services Director/Bldg
Official
***APPROVED BY***
jpagan a�cityofredding.org btippin@cityofredding.org
SUBJECT: 4(c)--Adopt Ordinance No. 2668 regarding Rezoning Application RZ-2024-
00163, b the Cit of Reddin .
Recommendation
Adopt Ordinance No. 2668, an ordinance of the City of Redding amending Redding Municipal
Code Title 18 (Zoning), Chapter 18.51 (Floodplain Overlay District), by amending sections
18.51.020 (Basis for establishing areas of special flood hazard), 18.51.030 (General Provisions),
18.51.080 (Construction Standards), 18.51.150 (Non-conforming uses in the floodway or
floodplain), and 18.51.190 (Variances).
Attachments
^Ordinance No. 2668
First reading done:4/02/2024 CC
For adoption on:4/16/2024 5-0
CC agenda item#4(c)
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ORDINANCE NO. 2668
AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 18
(ZONING), CHAPTER 18.51 (FLOODPLAIN OVERLAY DISTRICT), BY
AMENDING SECTIONS 18.51.020 (�BASIS FOR ESTABLISHING AREAS
OF SPECIAL FLOOD HAZARD), 18.51.030 (GENERAL PROVISIONS),
18.51.080 (CONSTRUCTION STANDARDS), 18.51.150 (NON-
CONFORMING USES IN THE FLOODWAY OR FLOODPLAIN), AND
18.51.190 (VARIANCES)
WHEREAS, the Planning Commission held a duly noticed public hearing pertaining to the
attached amendments to Redding Municipal Code Title 18, Zoning, on February 27, 2024, and
recolnmended that the City Council adopt said amendments; and
WHEREAS, the City Council held a duly noticed public hearing on April 2, 2024, prior to the
first reading of this Ordinance;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF REDDING DOES ORDAIN AS FOLLOWS:
Section l. Title 18 (Zoning), Chapter 18.51 (Floodplain Overlay District), Sections
18.51.020(Basis for Establishing Areas of Special Flood Hazard), 18.51.030(General Provisions),
18.51.080 (Construction Standards), 18.51.150 (Nonconforming Uses in the Floodway or
Floodplain), and 18.51.190 (Variances) is hereby amended to read as follows:
18.S1A20 Basis for 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 County, California and Incorporated Areas
dated December 16, 2021, and accompanying Flood Insurance Rate Maps (FIRMS) and all
subsequent amendments and/or revisions, are hereby adopted by reference and declared to 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
Montgomery-Watson Engineers dated October 1993. These studies may be further supplemented
by the Floodplain Administrator based upon the best available information, which may include
any base flood elevation and floodway data available from a federal or state agency,other flooding
studies, measured high-water elevations from historic flooding events, local topography, or other
available information 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,
777 Cypress Avenue, Redding, California 96049-6071.
18.51.030 General Provisions
A. Applicability
First reading done:4/02/2024 CC
For adoption on:4/16/2024 5-0
CC agenda item#4(c)
The regulations of this chapter provide seven levels of protection within and along waterways of
the "FP" Floodplain Overlay District by (1) generally prohibiting development within the
floodway, (2) allowing only limited use and development in the flood fringe, (3) regulating uses
and development on properties contiguous to the flood fringe and outside of the floodplain,which
do not meet the minimum protection standards, (4) reviewing proposed development located in
designated scenic corridors, (5) reviewing a11 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:
l. These regulations and standards sha11 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 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 sha11 apply to land outside 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 unprotected 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 to, within, or partially within the
floodplain subsequent to the adoption of this chapter is automatically subject to the
regulations of the "FP" District without further consideration by the Planning
Commission and City Council and shall be considered as if already zoned "FP"
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 fi11, 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 of Section 60.3(a, b, c, and d) and Section 60.6(a) of the
Rules and Regulations of the National Flood Insurance Program (44 CFR 59),
incorporated herein by referenee; the development standards of this chapter; and
any conditions of approval applied to the development.
First reading done:4/02/2024 CC
For adoption on:4/16/2024 5-0
CC agenda item#4(c)
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 Floodplain Administrator and City Engineer may make
interpretations, 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 contesting the location of the boundary sha11 be given a reasonable
opportunity to appeal the interpretation to the Planning Commission. Such appeals
shall be reviewed consistent with the variance and exception procedures of Tit]e
44, Section 60.6 of the Rules and Regulations of the National Flood Insurance
Program (44 CFR 59, etc.). A11 costs for information necessary to make an
interpretation shall be borne by the property owner and sha11 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 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. 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 18.51.100.
6. The Transportation and Engineering Department and Development Services
Department will review proposed development to ensure that a11 necessary permits
have been received from those govermnental agencies from which approval is
required by federal or state 1aw, including Section 404 of the Federal Water
Pollution Control Act Amendments of 1972 and CDFG's 1601 or 1603 Agreements.
C. Department Records
1. In addition to the requirements of the building code and these regulations, and
regardless of any limitation on the period required for retention of public records,
the Floodplain Administrator shall maintain and permanently keep and make
available for public inspection all records that are necessary for the administration
of these regulations.
18.51.080 Construction Standards
Any structures or construction activities within the flood fringe or floodway shall be subject to the
following:
A. Construction, General
l. No construction or grading is to limit the capacity of the floodway or increase the
base flood elevation unless the following requirements are met:
First reading done:4/02/2024 CC
For adoption on:4/16/2024 5-0
CC agenda item#4(c)
a. Revision to the F1ood Insurance Rate Map is prepared by the applicant's
engineer and is adopted by FEMA in accordance with 44 CFR 65 to
incorporate the increase in the base flood elevation.
b. Appropriate legal documents are prepared in which all property owners
affected by the increased base flood elevations consent to the impacts on
their property.
B. Anchoring
1. A11 new construction and substantial improvements subject to a 100-year flood shall
be anchored to prevent flotation, collapse, or lateral movement of the structure.
C. Construction Materials and Methods
1. A11 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 Technical Bulletin 2-93 entitled, Flood-Resistant
MateNials RequiNement, when subject to a 100-year flood.
2. A11 new construction and substantial improvements sha11 use methods 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 Flood Insurance Rate Map (FIRM) or the
Citywide Storm Drain Master Plan(whichever is more restrictive),plus one foot.
D. Elevation and Fiood-Proofing
1. Residential construction, and accessory structures thereto, including new or
substantial improvement in flood zones A,AE,AO, or A1-30, shall have the lowest
floor, including basement_and machinery and equipment servicing the building,
elevated a minimum of one foot above the base flood elevation, as deter�nined by
the FIRM maps, by the method in Section 18.5 L 100, or by the Citywide Master
Storm Drain Study by Montgomery-Watson Engineers, whichever is more
restrictive. The elevation of the lowest floor, including the basement, sha11 be
certified by a registered professional engineer or licensed land surveyor 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 or substantial improvement, shall either
be elevated consistent with subsection (D)(1) of this section or together with
attendant utility and sanitary facilities shall be required to do the following:
a. Be floodproofed below the elevation required under Section
First reading done:4/02/2024 CC
For adoption on:4/16/2024 5-0
CC agenda item#4(c)
18.51.080(D)(1) of this section so that the structure is watertight 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, licensed land surveyor,
or architect that the standards of this subsection and the standards required
in FEMA Technica] Bulletin 3-93, entitled NonNesidential Flood Proofing
Requi�ements and Certification are satisfied. Such certifications sha11 be
provided to the City's Development Services Department.
3. A11 new construction and substantial improvement 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 floodwaters. Designs for meeting this
requirement must meet the speci�cations in the FEMA Technical Bulletins 1-93
and 7-93, entitled Openings in Foundation Walls and Wet Flood proofing
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 flooding. 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. An Elevation Certificate for residential construction(FEMA Form FF-206-FY-22-
152)of the lowest adjacent grade and lowest floor,based on construction drawings,
shall be required prior to issuance of a building permit. Prior to pouring a
foundation, the engineer sha11 provide written verification that the foundation form
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 to
occupancy). The Elevation Certificates must be prepared by a licensed land
surveyor, registered professional engineer, or architect who is authorized by state
or local law to certify elevation and shall 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 Proofing Certificate(FEMA FF-206-FY-22) for nonresidential construction
is required prior to issuance of a building permit. Prior to pouring a foundation,the
engineer shall provide written verification that the foundation form elevations are
consistent with elevations shown on approved construction drawings. A second
First reading done:4/02/2024 CC
For adoption on:4/16/2024 5-0
CC agenda item#4(c)
Elevation Certificate is required at the time of finished construction, prior to the
final building permit.
E. Substantial improvement and substantial damage determinations.
For applications for building permits to improve buildings and structures, including
alterations, movement, repair, additions, rehabilitations, renovations, substantial
improvements, repairs of substantial damage, and any other improvement of or work on
such buildings and structures, the Floodplain Administrator, in coordination 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 dalnage 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 combined 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. Notify the applicant when it is determined that the work constitutes substantial
improvement or 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 damageW
F. Standards for Utilities
1. A11 new and replacement water-supply and sanitary-sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters into the system and
discharge from systems into floodwaters.
2. On-site, waste-disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
G. Standards for Levees
l. Design criteria for levees shall incorporate adequate design, operation, and
maintenance systems to provide protection from the base flood. The following
requirements must be met:
a. Freeboard. Riverine levees must provide a minimum freeboard of 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
First reading done:4/02/2024 CC
For adoption on:4/16/2024 5-0
CC agenda item#4(c)
of structures (such as bridges) riverward of the levee or wherever the flow
is constricted. An additional one-half(z/z) foot above the minimum at the
upstream end of the levee, tapering to not less than the minimum at the
downstream end of the levee, is also required.
b.
H. Standards for Manufactured Homes
1. All manufactured homes that are placed or substantially improved within Zones A,
AO, A1-30, AE, or AH on the Flood Insurance Rate Map or in the 100-year
floodplain as identified on the Citywide Storm Drain Master P1an sha11 be elevated
on a permanent foundation such that the lowest floor of the manufactured home,
including machinery or equipment servicing the building, is e]evated at least one
foot above the base floodplain elevation and be securely fastened to an adequately
anchored foundation system to resist flotation collapse and lateral movement.
18.SL150 Nonconforming Uses in the Floodway or Floodplain
A. Floodway
If any nonconforming use or structure within the floodway 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 shall not be reconstructed.
B. Flood Fringe
Within the flood fringe, a structure may be reconstructed pursuant to the Nonconforming
I7ses, Structures Section of the City`s Zoning Code,provided that upon reconstruction, the
structure is adequately and safely flood proofed, elevated, or otherwise protected in
confonnity with the requirements of this ordinance.
18.51.190 Variances
A. The Planning Commission sha11 hear requests for variances from the reguirements of this
chapter.
B. Those aggrieved by the decision of the Planning Commission may appeal such decision to
the City Council.
C. In considering a variance application,the Planning Commission shall consider all technical
evaluations, all relevant factors, standards, etc., specified in other sections of this chapter,
and:
1. The danger that materials may be swept onto other lands to the injury of others.
2. The danger to life and property due to flooding or erosion damage.
3. The susceptibility of the proposed facility and its contents to flood damage and the
First reading done:4/02/2024 CC
For adoption on:4/16/2024 5-0
CC agenda item#4(c)
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 uses that axe 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 times of flood for ordinary and emergency
vehicles.
10. The expected heights, velocity, duration,rate of rise, and sediment transport of the
floodwaters and the effects of wave action, if applicable, 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, 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 Commission may attach such conditions to the granting of variances as it
deems necessary to further the purpose of this chapter.
E. The Floodplain Administrator shall maintain the records of all appeal actions and report
any variances to the Federal Insurance Administration of the Federal Emergency
1Vlanagement Agency in the biennial report.
F. Conditions for Variances:
l. Variances may be issued for the repair, rehabilitation, or restoration of structures
listed on the National Register of I�istoric Places or the State Inventory of Historic
Places, provided that the proposed repair, rehabilitation, or restoration will not
preclude the structure's continued designation as an historic 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 flood hazard, to afford relief.
4. Variances shall only be issued upon:
First reading done:4/02/2024 CC
For adoption on:4/16/2024 5-0
CC agenda item#4(c)
a. A showing of good and sufficient cause, such as renovation, rehabilitation,
or reconstruction. Variances issued for economic considerations,
aesthetics, or because variances have been used in the past, are not good
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 wi11 not result in increased
flood heights, additional threats to public safety, or extraordinary public
expense; create nuisances; cause fraud on or victimization to the public; or
conflict with existing local laws 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 elevation 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 County Recorder 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 section, subsection, sentence, clause or phrase of 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 ordinance is not a "project" 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 CERTIFY that the foregoing ordinance was introduced and read by the City Council 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 day of , 2024,by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
TENESSA AUDETTE, Mayor
First reading done:4/02/2024 CC
For adoption on:4/16/2024 5-0
CC agenda item#4(c)
ATTEST: FORM APPROVED:
SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney
DATE ATTESTED: , 2024