HomeMy WebLinkAboutORD 10 (1999)ORDINANCE NO. 10 (1999)
AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING
CHAPTER 18.108 OF TITLE 18 OF THE DIAMOND BAR MUNICIPAL
CODE ADOPTING AMENDMENTS TO UPDATE THE MINIMUM
NATIONAL FLOOD INSURANCE PROGRAM REQUIREMENTS FOR
FLOODPLAIN MANAGEMENT
The City Council of the City of Diamond Bar does hereby ordain as follows:
SECTION 1: Section 18.108.020. Definitions of Chapter 18.108 of the Diamond Bar Municipal Code
(DBCC) is hereby amended by amending the definition of "Lowest floor" and adding the definition of
"Substantial Damage" to read as follows:
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see
"Basement" definition).
1. An unfinished 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 anchoring standards in Section 18.108.130(1).
b. The construction materials and methods standards in Section 18.108.130(2).
C. The wet floodproofing standard in Section 18.108.130(3).
d. The standards for utilities in Section 18.108.140.
2. For residential structures, all subgrade enclosed areas are prohibited as they are
considered to be basements (see "Basement" definition). This prohibition includes
below -grade garages and storage areas.
Substantial Damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value
of the structure before the damage occurred."
SECTION 2: Section 18.108.120(4)a. of Chapter 18.108 of the DBCC is hereby amended to read
as follows:
"a. The certification required in Section 18.108.130(3)a. (lowest floor elevations);"
SECTION 3: Section 18.108.130(3) of Chapter 18.108 of the DBCC is hereby amended to read as
follows:
"(3) Elevation and floodproo6ng. (See definitions for "basement," "lowest floor," "new
construction," "substantial damage" and "substantial improvement".) Standards for elevation
and floodproofing are as follows:
a. New construction and substantial improvement of any structure shall have
the lowest floor, including the basement, elevated to or above the base flood
elevation. Nonresidential structures may meet the standards in subsection
(3)c of this section. Upon the completion of the structure the elevation of the
lowest floor, including the basement, shall be certified by a registered
professional engineer or surveyor, and verified by the community building
inspector to be properly elevated. Such certification or verification shall be
provided to the Floodplain Administrator.
b. New construction and substantial improvement of any structure in zone AO
shall have the lowest floor, including the basement, elevated above the
highest adjacent grade at least as high as the depth number specified in feet
on the FIRM, or at least two feet, if no depth number is specified.
Nonresidential structures may meet the standards in subsection (3)c of this
section. Upon the completion of the structure the elevation of the lowest floor,
including the basement, shall be certified by a registered professional
engineer or surveyor, and verified by the community building inspector to be
properly elevated. Such certification or verification shall be provided to the
Floodplain Administrator.
C. Nonresidential construction, new or substantial improvement, shall either be
elevated in conformance with subsection (3)a. or (3)b. of this section or,
together with attendant utility and sanitary facilities:
Be floodproofed so that below the base flood level the structure is
watertight with walls substantially impermeable to the passage of
water;
2. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
3. Be certified by a registered professional engineer that the standards
of this subsection are satisfied. Such certifications shall be provided
to the Floodplain Administrator.
Require, for all new construction and substantial improvements, that fully
enclosed areas below the lowest floor that 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 either be certified by a registered professional engineer or
architect or meet or exceed the following minimum criteria:
Either a minimum of two 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; or
e. Manufactured homes shall also meet the standards in Section 18.108.160."
SECTION 4: Section 18.108.150 (b) of Chapter 18.108 of the DBCC is hereby amended to read
as follows:
follows:
follows:
"(b) All final subdivision plans will provide the elevation of proposed structures and pads. If the site
is filled above the base flood, the lowest floor and pad elevations shall be certified by a
registered professional engineer or surveyor and provided to the Floodplain Administrator."
SECTION 5: Section 18.108.200(f) of Chapter 18.108 of the DBCC is hereby amended to read as
"(f) The Floodplain Administrator will maintain a record of all variance actions, including
justification of their issuance, and report such variances issued in its biennial report submitted
to the Federal Insurance Administration, Federal Emergency Management Agency."
SECTION 6: Section 18.108.210 (f) of Chapter 18.108 of the DBCC is hereby amended to read as
"(f) Any applicant to whom a variance is granted shall be given written notice over the
signature of a community official that the issuance of a variance to construct a structure
below the base flood level will result in increased premium rates for flood insurance up to
amounts as high as $25.00 for $100 of insurance coverage. Such construction below the
base flood level increases risks to life and property; therefore, a copy of the notice shall be
recorded by the floodplain board in the office of the county recorder and shall be recorded
in a manner so that it appears in the chain of title of the affected parcel of land."
SECTION 7: The City Council declares that, should any provision, section, paragraph, sentence,
or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent
jurisdiction, or by reason preemptive legislation, the remaining provisions, sections, paragraphs, sentences,
and words of this revision shall remain in full force and effect.
SECTION 8: The City Clerk shall certify to the passage of this Ordinance and shall cause this
Ordinance to be posted in three (3) public places within the City of Diamond Bar within fifteen (15) days after
its passage in the manner prescribed by Resolution No. 89.6.
ADOPTED AND APPROVED THIS 3rdDAY OF August . 1999.
Mayor
I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify th foregoing Ordinance
was introduced at a regular meeting of the Council of the City of Diamond Bar held on this 2Qtlday of
Ju lv , 1999, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar
held on the 3rdday ofAuqus-� 1999, by the following vote:
AYES: COUNCILMEMBERS: Ansari, Herrera, Huff,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
DAWORD-LINMORDINANCIflooddra ft
ATTEST: =_
City Clerk of the City of Diamond Bar
4