HomeMy WebLinkAbout09/15/2009 12 Federal Emergency Management Agency and National Flood Insurance Plan Compliance - YMC Amendments to 15.27 • BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
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Item No. t /02
For Meeting Of: September 15, 2009
ITEM TITLE: Consideration of an ordinance relating to the amendment of various
sections of the Yakima Municipal Code Chapter 15.27 Critical Areas to comply with the
requirements of the Federal Emergency Management Agency, and National Flood
Insurance Plan, and amending sections 15.27.160; 15.27.316; 15.27.400; 15.27.407;
15.27.414; 15.27.415; 15.27.418; 15.27.421; 15.27.424; 15.27.426; 15.27.702; and
15.27.820 of the Yakima Municipal Code.
SUBMITTED BY: William R. Cook, Director of Community & Economic Development
CONTACT PERSON / TELEPHONE: Jeff Peters, Assistant Planner, 575 -6163
SUMMARY EXPLANATION: In accordance with YMC 15.23.020, and RCW 36.70, the
Regional Planning Commission following the required public meeting of August 9, 2009, is
recommending City Council approve three minor amendments to the Yakima Municipal Code
Chapter 15.27 Critical Areas (ordinance attached). The attached amendments are required in
order for the City to remain in compliance with the provisions of the Federal Emergency
Management Agency, and National Flood Insurance Plan. Note: A public hearing is not being
conducted for the adoption of this ordinance in accordance with RCW 36.70.800, as these
amendments do not impose, remove or modify the zoning status of land, or any
regulation /official control.
Resolution Ordinance X Contract Other (Specify)_ Ordinance
Funding Source N/A
APPROVAL FOR SUBMITTAL: -- -p , i '
City Manager
STAFF RECOMMENDATION: The Regional Planning Commission recommend these
amendments after conducting the necessary public meeting.
COUNCIL ACTION:
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ORDINANCE NO. 2009-
AN ORDINANCE amending several sections of the Yakima Municipal Code Chapter 15.27,
Critical Areas, to comply with the requirements of the Federal Emergency Management Agency
and National Flood Insurance Plan; and amending sections 15.27.160; 15.27.316; 15.27.400;
15.27.407; 15.27.414; 15.27.415; 15.27.418; 15.27.421; 15.27.424; 15.27.426; 15.27.702; and
15.27.820 of the Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 15.27.160 of the City of Yakima Municipal is hereby amended to read as
follows:
15.27.160 — Administrative Authority
A. The City of Yakima Community & Economic Development Department — Code
Administration & Planning Division shall be responsible for the general administration of
this Chaptcrchapter. The Director of the Community & Economic Development Department
or the Director's designee shall serve as the Administrative Official of this €—chapter, except
as noted in Part Four YMC 15.27.400 436. The Administrative Official shall establish
111 procedures for implementation of this Chaptcrchapter.
B . A written request for an interpretation of any provision of this Chapter chapter may be
submitted to the Administrative Official. Each request shall set forth the specific provision(s)
to be interpreted and the facts of the specific situation giving rise to the request for an
ifiterpfet-ation. Interpretations ' shall be processed in accordance with YMC Ch: 15.22
Interpretations.
Section 2. Section 15.27.316 of the City of Yakima Municipal is hereby amended to read as
follows:
15.27.316 — Standard Development Permit
Classification criteria — standard development permits include any development not subject
to RCW Ch. 90.58 (Shoreline Management Act).
A. Process - standard Standard development permits shall be processed as either a Type (1)
Review if exemptef, as a Type (2) Review;— for all Class (2) uses and non - exempt activities,
and as a Type (3) Review for all Class (3) uses and applicationaor applications that are of a
significant size or scope as determined by the Administrative Officialmay be processed as a
Type-(2) or (3) Review at the judgment of the Administrative Official or designee. Examples
of such projects include those that typically require environmental review (SEPA), filling or
excavating a stream channel or wetlands, involve large amounts of fill, require large amounts
of parking, etc.
B. Decision criteria — decisions on standard development permits shall be based on the general
• decision criteria found in YMC 15.27.311.
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Section 3. Section 15.27.400 of the City of Yakima Municipal is hereby amended to read as
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follows:
15.27.400 — Flood Hazard Areas Established
The special flood hazard areas identified by the Federal Emergency Management Agency
(FEMA) in the Flood Insurance Study for Yakima County and Incorporated Areas dated
November 18, 2009, with accompanying Flood Insurance Rate Maps (FIRMs), Flood Boundary,
,and any amendments thereto made by the Federal Emergency
Management Agency, which, are herein adopted by reference and declared to be part of Part
Four of the City of Yakima's Critical Areas Ordinance, and arc established as flood hazard areas.
The Flood Insurance Study and maps are on file with the City of Yakima, Washington.
Section 4. Section 15.27.407 of the City of Yakima Municipal is hereby amended to read as
follows:
15.27.407 — General Standards
The following regulations shall apply in all special flood hazard areas pursuant to the IBC,
ASCE -24, and Hud 24 CFR Part 3280:
A. Anchoring and. Construction Techniques. All manufactured homes must likewise be
anchored to prevent flotation, collapse or lateral movement, and shall be installed using
methods and practices that minimize flood damage. Anchoring shall meet the specifications .
set forth below for structures located within one hundred (100) feet of a floodway or the
ordinary high water mark if no floodway has been established.
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 and substantial improvements shall be constructed using methods and practices
that minimize flood damage.
3. Electrical, heating, ventilation, plumbing, and air conditioning equipment and other
service facility shall be designed and/or otherwise elevated or located so as to prevent
water from entering or accumulating within the components during the conditions of
flooding.
B-C. All new construction and any improvements or additions to existing floodproofed
structures that would extend beyond the existing floodproofing located within one hundred
(100) feet of the floodway or one hundred (100) feet of the ordinary high water mark if no
floodway has been established. Unless it can be demonstrated that non - zero -rise construction
methods will not impede the movement of floodwater or displace a significant volume of
water.
I €D. Except where otherwise authorized, all new construction and substantial improvements to
existing structures shall require certification by a registered professional engineer, architect
or surveyor that the design and construction standards are in accordance with adopted
floodproofing techniques.
ICE. Utilities. All new and replacement water supply systems and sanitary sewage systems
shall be designed to minimize or eliminate infiltration of floodwaters into the systems and
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• discharge from the systems into floodwaters; and on -site waste disposal systems shall be
located to avoid impairment to them or contamination from them during flooding.
I E-F. Subdivision Proposals. Subdivision proposals shall:
a. Be consistent with the need to minimize flood damage;
b. Have roadways, public utilities and other facilities such as sewer, gas, electrical, and
water systems located and constructed to minimize flood damage;
c. Have adequate drainage provided to reduce exposure to flood damage;
d. Include base flood elevation data; and,
e. In the cases where base flood elevation is not available and the subdivision is greater
then 5 acres or 50 lots, a step -back water analysis shall be require to generate the base
flood elevation data.
€-G. Watercourse Alterations. The flood - carrying capacity within altered or relocated portions
of any watercourse shall be maintained. Prior to the approval of any alteration or relocation
of a watercourse in riverine situations, the department shall notify adjacent communities, the
Department of Ecology and FEMA of the proposed development.
Section 5. Section 15.27.414 of the City of Yakima Municipal is hereby amended to read as
follows:
15.27.414 — Administration
41) I The building Administrative Official is vested with the duty of administering the rules
and regulations relating to flood hazard protection in accordance with the provisions of Part Four
and may prepare and require the use of such forms as are essential to such administration.
Section 6. Section 15.27.415 of the City of Yakima Municipal is hereby amended to read as
follows:
15.27.415 — Authority
I Upon application, the building officialAdministrative Official shall have the authority to grant a
flood hazard permit when compliance with the applicable conditions as set forth, in Part Four of
this Chapter and in other applicable local, state and federal regulations has been demonstrated
and the proposal is found to be consistent with the purpose of the policies of the Critical Areas
Ordinance.
Section 7. Section 15.27.418 of the City of Yakima Municipal is hereby amended to read as
follows:
15.27.418 — Permit — Review
Flood hazard permit applications will be reviewed to determine:
A. The elevation and floodproofing requirements of Part Four of this Chapter;.
B. The proposed development's location in relation to the floodway and any encroachments
YMC 15.27.412(B);
0 I C. Alteration or relocation of a watercourse YMC 15.27.407(D);
D. That the proposed development is a permitted use under Part Four of this Chapter and YMC
Title 15; and,
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E. That all necessary permits have been obtained from those federal, state or local governmental
agencies from which prior approval is required.
Section 8. Section 15.27.421 of the City of Yakima Municipal is hereby amended to read as
follows:
15.27.421— Permit — Expiration & Cancellation
If the work described in any permit has not begun within one hundred eighty (180) days from the
date of issuance thereof, the permit shall expire and be canceled by the building
of Administrative Official.
Section 9. Section 15.27.424 of the City of Yakima Municipal is hereby amended to read as
follows:
15.27.424 — Coordination
I Upon application, the building-effici-alAdministrative Official shall have the authority to grant a
flood hazard permit when compliance with the applicable conditions as set forth in Part Four of
this Chapter and in other applicable local, state and federal regulations has been demonstrated
and the proposal is found to be consistent with the purpose of this Chapter.
Section 10. Section 15.27.426 of the City of Yakima Municipal is hereby amended to read as
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follows:
15.27.426 — Certification Form
The form of the elevation and floodproofing certificate shall be specified by the building
officialAdministrative Official and shall be generally consistent with that required by FEMA for
the administration of the National Flood Insurance Program.
Section 11. Section 15.27.702 of the City of Yakima Municipal is hereby amended to read as
follows:
15.27.702 — Geologically Hazardous Areas Protection Approach
The geologically hazardous areas protection approach can be met by following the guidelines
below and by implementing the appropriate sections of the Building Code as adopted in YMC
Title 11.
A. Erosion Hazard Areas. Protection measures for erosion hazard areas will be accomplished
by implementing the regulatory standards for erosion and drainage control required under
YMC Title 11 Building Code. YMC Title 11 requirements can be met by the application of
the Best Management Practices (BMPs) in the Eastern Washington Stormwater Manual
(WDOE Publication number 04 -10 -076); equivalent manual adopted by the City of Yakima;
or any other approved manual deemed appropriate by the building offic a'Administrative
Official.
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B. Landslide Hazard Areas. Protection measures for landslide hazard areas will be
accomplished through the review process of YMC 15.27.703 by implementing the
development standards of YMC 15.27.704.
C. Alluvial Fan/Flash Flooding Hazard Areas. Protection measures for alluvial fan/flash
flooding hazard areas will be accomplished through the review process of YMC 15.27.703.
D. Stream Undercutting Hazard Areas - Protection measures for stream undercutting hazard
areas will be accomplished by Critical Areas review for flood hazards, streams, and
Shoreline jurisdiction.
E. Avalanche Hazard Areas. This condition is _ outside the City of Yakima's UGA and,
therefore, does not apply.
F. Oversteepened Slope Hazard Areas. Protection measures for oversteepened slope hazard
areas will be accomplished through the review process of YMC 15.27.703, by implementing
the development standards of YMC 15.27.704.
G. Earthquake /Seismic Hazard Area Protection Standards. Protection measures for
earthquake /seismic hazard areas will be accomplished by implementing the appropriate
sections of the Building Code as adopted in YMC Title 11.
H. Suspected Geologic Hazard Areas And Risk Unknown Hazard Areas. Protection
measures : for suspected geologic hazard areas and risk unknown hazard areas will be
accomplished through the review .process of YMC 15.27.703 and by, implementing the
development standards of YMC 15.27.704. .
III Section 12. Section 15.27.820 of the City of Yakima Municipal is hereby amended to read as
follows:
15.27.820 — Protection Approach
A. Maps shall be used only as an informational resource to communicate with applicants
regarding potential problems in meeting the applicable laws on a particular_ site. The maps
indicate that areas of high susceptibility tend to be located in valley bottoms and follow along
floodplain and stream corridors. Extreme susceptibility locations are located largely within
floodplains and along streams and wetlands.
B. Land uses are subject to many existing, federal, state, local, or tribal laws regarding the
handling of substances that may contaminate CARAs. Disclosure, educational information,
and coordination of existing laws during existing review processes can accomplish the
requirement to protect the CARA. Consequently, the City of Yakima's protection of the
CARA shall be accomplished through normal project permit review under various Yakima
Municipal Code sections, especially the stream protection standards in YMC Ch. 15.27 (Part
Five Fish and Wildlife Habitat and the Stream Corridor System); YMC Title 11, which
provides detailed construction, use, and fire /life- safety standards for the storage and handling
of dangerous and hazardous substances to a greater extent than most existing state; and
federal laws.
C. The building officialAdministrative Official shall develop and maintain a list of the relevant
laws noted above. This list shall be informational and it is intended to be used in coordination
with development permit review. This list shall be periodically reviewed and updated so as
• to provide the most comprehensive list possible to inform project applicants of the
requirements of other agencies.
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D. The i ialAdministrative Official shall also develop and maintain a table of land
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uses with the potential of being subject to the relevant laws noted above. The table shall be
generated and maintained using the intent stated in YMC 15.27.800(D).
E. The building officialAdministrative Official and Water/Irrigation Manager shall
cooperatively develop questionnaires, to be filled out by new development permit applicants,
which comprehensively establish .the potential use, storage, and handling methods within the
project for substances that have the potential to contaminate groundwater. The
questionnaires are intended to ensure full application of existing building and construction
codes related to such substances in order to forestall new regulations.
F. The building officialAdministrative Official and Water/Irrigation Manager shall develop .
technical assistance and information materials to assist landowners and developers with
understanding and meeting relevant existing federal, state, and local laws relating to CARAs.
Section 13. Effective Date: This ordinance shall be in full force and effect 30 days after its
passage, approval and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this
day of September, 2009.
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David Edler, Mayor
ATTEST:
City Clerk
Publication Date:
Effective Date:
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