Holtville, CA Zoning Ordinance

§ 17.42.010 Statutory authorization.

The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council of the city of Holtville does hereby adopt the following floodplain management regulations.

(Ord. 462 § 1.1, 2008)

§ 17.42.020 Findings of fact.

The flood hazard areas of the city of Holtville are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities also contributes to flood losses.

(Ord. 462 § 1.2, 2008)

§ 17.42.030 Statement of purpose.

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood-prone, mudslide (i.e., mudflow) or flood-related erosion areas. These regulations are designed to:

Protect human life and health;

Minimize expenditure of public money for costly flood control projects;

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

Minimize prolonged business interruptions;

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

Ensure that potential buyers are notified that property is in an area of special flood hazard; and

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(Ord. 462 § 1.3, 2008)

§ 17.42.040 Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes regulations to:

Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

Control filling, grading, dredging, and other development which may increase flood damage;

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas; and

These regulations take precedence over any less restrictive conflicting local laws, ordinances and codes.

(Ord. 462 § 1.4, 2008)

§ 17.42.050 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

A Zone.

See "Special flood hazard area."

"Accessory structure, low-cost and small"

means a structure that is:

Solely for the parking of no more than two cars; or limited storage (small, low-cost sheds); and

small, low-cost shed for limited storage, less than 150 square feet and $1,500 in value.

"Accessory use"

means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

"Alluvial fan"

means a geomorphologic feature characterized by a cone- or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

"Apex"

means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

"Appeal"

means a request for a review of the floodplain administrator's interpretation of any provision of this chapter.

"Area of shallow flooding"

means a designated AO or AH Zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard.

See "Special flood hazard area."

"Base flood"

means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). "Base flood" is the term used throughout this chapter.

"Base flood elevation (BFE)"

means the elevation shown on the flood insurance rate map for Zones AE, AH, A1 – A30, VE and V1 – V30 that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year.

"Basement"

means any area of the building having its floor subgrade, i.e., below ground level, on all sides.

Building.

See "Structure."

"Development"

means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

"Encroachment"

means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

"Existing manufactured home park or subdivision"

means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before December 28, 1981.

"Expansion to an existing manufactured home park or subdivision"

means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Flood," "flooding," or "flood water"

means:

general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

The condition resulting from flood-related erosion.

"Flood boundary and floodway map (FBFM)"

means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazard and the floodway.

"Flood insurance rate map (FIRM)"

means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

"Flood Insurance Study"

means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood.

"Floodplain" or "flood prone area"

means any land area susceptible to being inundated by water from any source. See "flooding."

"Floodplain administrator"

is the community official designated by title to administer and enforce the floodplain management regulations.

"Floodplain management"

means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

"Floodplain management regulations"

means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

"Floodproofing"

means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93.

"Floodway"

means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway."

"Floodway fringe"

is that area of the floodplain on either side of the regulatory floodway where encroachment may be permitted.

"Fraud and victimization"

as related to HMC § 17.42.230 through § 17.42.250, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

"Functionally dependent use"

means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

"Governing body"

is the local governing unit, i.e., county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

"Hardship,"

as related to HMC § 17.42.230 through § 17.42.250, means the exceptional hardship that would result from a failure to grant the requested variance. The city council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

"Highest adjacent grade"

means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure"

means any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

"Levee"

means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

"Levee system"

means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

"Lowest floor"

means the lowest floor of the lowest enclosed area, including basement (see "basement" definition).

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 nonelevation design requirements, including, but not limited to:

The flood openings standard in HMC § 17.42.170(C)(3);

The anchoring standards in HMC § 17.42.170(A);

The construction materials and methods standards in HMC § 17.42.170(B); and

The standards for utilities in HMC § 17.42.180.

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.

"Manufactured home"

means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.

"Manufactured home park or subdivision"

means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

"Market value"

is defined in the city of Holtville substantial damage/improvement procedures. See HMC § 17.42.140(B)(1).

"Mean sea level"

means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

"New construction,"

for floodplain management purposes, means structures for which the start of construction commenced on or after December 28, 1981, and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision"

"Obstruction"

includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

One-Hundred-Year Flood or 100-Year Flood.

See "Base flood."

"Program deficiency"

means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations.

"Public safety and nuisance,"

as related to HMC § 17.42.230 through § 17.42.250, means that the granting of a variance must not result in anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

"Recreational vehicle"

means a vehicle which is:

Built on a single chassis;

Four hundred square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towable by a light duty truck; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Regulatory floodway"

"Remedy a violation"

means to bring the structure or other development into compliance with state or local floodplain management regulations or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

"Riverine"

means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Sheet Flow Area.

See "Area of shallow flooding."

"Special flood hazard area (SFHA)"

means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1 – A30, AE, A99, or AH.

"Start of construction"

includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure"

means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

"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.

"Substantial improvement"

means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

Any alteration of a historic structure; provided, that the alteration will not preclude the structure's continued designation as a historic structure.

"Variance"

means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

"Violation"

means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

"Water surface elevation"

means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

"Watercourse"

means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. "Watercourse" includes specifically designated areas in which substantial flood damage may occur.

(Ord. 462 § 2, 2008)

§ 17.42.060 Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city of Holtville.

(Ord. 462 § 3, 2008)

§ 17.42.070 Basis for establishing the 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 Imperial County, California and Incorporated Areas" dated September 14, 2005, with accompanying flood insurance rate maps (FIRMs), dated March 15, 1984, and flood boundary and floodway maps (FBFMs), dated January 20, 1982, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the Holtville city council by the floodplain administrator. The study, FIRMs and FBFMs are on file at the Holtville fire department located at 585 Fern Avenue.

(Ord. 462 § 3, 2008)

§ 17.42.080 Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the Holtville city council from taking such lawful action as is necessary to prevent or remedy any violation.

(Ord. 462 § 3, 2008)

§ 17.42.090 Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. 462 § 3, 2008)

§ 17.42.100 Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. 462 § 3, 2008)

§ 17.42.110 Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Holtville city council, any officer or employee thereof, the state of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. 462 § 3, 2008)

§ 17.42.120 Severability.

This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. 462 § 3, 2008)

§ 17.42.130 Designation of the floodplain administrator.

The fire chief is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.

(Ord. 462 § 4.1, 2008)

§ 17.42.140 Duties and responsibilities of the floodplain administrator.

The duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

Permit Review. Review all development permits to determine that:

Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

All other required state and federal permits have been obtained;

The site is reasonably safe from flooding;

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the city of Holtville; and

All letters of map revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

Development of Substantial Improvement and Substantial Damage Procedures.

Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings," develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "market value."

Assure procedures are coordinated with other departments/divisions and implemented by community staff.

Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with HMC § 17.42.070, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer HMC § 17.42.170 through § 17.42.220.

Note: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas – A Guide for Obtaining and Developing Base (100-Year) Flood Elevations," dated July 1995.

Notification of Other Agencies.

Alteration or Relocation of a Watercourse.

Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

Submit evidence of such notification to the Federal Emergency Management Agency; and

Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

Base Flood Elevation Changes Due to Physical Alterations.

Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

All LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

Changes in Corporate Boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

Certification required by HMC § 17.42.170(C)(1) and § 17.42.200 (lowest floor elevations);

Certification required by HMC § 17.42.170(C)(2) (elevation or floodproofing of nonresidential structures);

Certification required by HMC § 17.42.170(C)(3) (wet floodproofing standard);

Certification of elevation required by HMC § 17.42.190(A)(3) (subdivisions and other proposed development standards);

Certification required by HMC § 17.42.220(B) (floodway encroachments); and

Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

Map Determination. Make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in HMC § 17.42.160.

Remedial Action. Take action to remedy violations of this chapter as specified in HMC § 17.42.080.

Biennial Report. Complete and submit biennial reports to FEMA.

Planning. Assure the community's general plan is consistent with floodplain management objectives herein.

(Ord. 462 § 4.2, 2008)

§ 17.42.150 Development permit.

A development permit shall be obtained before beginning any construction or other development, including manufactured homes, within any area of special flood hazard established in HMC § 17.42.070. Application for a development permit shall be made on forms furnished by the city of Holtville. The applicant shall provide the following minimum information:

Plans in duplicate, drawn to scale, showing:

Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;

Proposed locations of water supply, sanitary sewer, and other utilities;

Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;

Location of the regulatory floodway when applicable;

Base flood elevation information as specified in HMC § 17.42.070 or § 17.42.140(C);

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and

Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in HMC § 17.42.170(C)(2) and detailed in FEMA Technical Bulletin TB 3-93.

Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in HMC § 17.42.170(C)(2).

For a crawlspace foundation, location and total net area of foundation openings as required in HMC § 17.42.170(C)(3) and detailed in FEMA Technical Bulletins 1-93 and 7-93.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

All appropriate certifications listed in HMC § 17.42.140(E).

(Ord. 462 § 4.3, 2008)

§ 17.42.160 Appeals.

The city council of the city of Holtville shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.

(Ord. 462 § 4.4, 2008)

§ 17.42.170 Standards of construction.

In all areas of special flood hazard the following standards are required:

Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed:

With flood-resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;

Using methods and practices that minimize flood damage;

With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and

Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

Elevation and Floodproofing.

Residential Construction. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement:

In AE, AH, A1 – A30 Zones, elevated to or above the base flood elevation.

In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified.

In an A zone, without BFEs specified on the FIRM [unnumbered A zone], elevated to or above the base flood elevation; as determined under HMC § 17.42.140(C).

Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

Nonresidential Construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with subsection (C)(1) of this section or:

Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under subsection (C)(1) of this section, so that the structure is watertight with walls substantially impermeable to the passage of water;

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

Be certified by a registered civil engineer or architect that the standards of subsections (C)(2)(a) and (b) of this section are satisfied. Such certification shall be provided to the floodplain administrator.

Flood Openings. All new construction and substantial improvements of structures 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 floodwater. Designs for meeting this requirement must meet the following minimum criteria:

For non-engineered openings:

Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

ii.

The bottom of all openings shall be no higher than one foot above grade;

iii.

Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of floodwater; and

iv.

Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or

Be certified by a registered civil engineer or architect.

Manufactured Homes.

Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation and floodproofing requirement in subsection (C)(1) of this section.

Manufactured homes placed within manufactured home parks or subdivisions shall meet the standards in HMC § 17.42.200. Additional guidance may be found in FEMA Technical Bulletins TB 1-93 and TB 7-93.

Garages and Low-Cost Accessory Structures.

Attached Garages.

A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See subsection (C)(3) of this section. Areas of the garage below the BFE must be constructed with flood-resistant materials. See subsection B of this section.

ii.

A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below-grade parking areas, see FEMA Technical Bulletin TB-6.

Detached Garages and Accessory Structures.

"Accessory structures"

used solely for parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in HMC § 17.42.050, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:

(A)

Use of the accessory structure must be limited to parking or limited storage;

(B)

The portions of the accessory structure located below the BFE must be built using flood-resistant materials;

(C)

The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;

(D)

Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;

(E)

The accessory structure must comply with floodplain encroachment provisions in HMC § 17.42.220; and

(F)

The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with HMC § 17.42.170(C)(3).

ii.

Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in this section.

(Ord. 462 § 5.1, 2008)

§ 17.42.180 Standards for utilities.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

Infiltration of flood waters into the systems; and

Discharge from the systems into flood waters.

On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them, during flooding.

(Ord. 462 § 5.2, 2008)

§ 17.42.190 Standards for subdivisions and other proposed development.

All new subdivision proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or five acres, whichever is the lesser, shall:

Identify the special flood hazard areas (SFHA) and base flood elevations (BFE).

Identify the elevations of lowest floors of all proposed structures and pads on the final plans.

If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a letter of map revision based on fill (LOMR-F) to the floodplain administrator:

Lowest floor elevation.

Pad elevation.

Lowest adjacent grade.

All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.

(Ord. 462 § 5.3, 2008)

§ 17.42.200 Standards for manufactured homes within manufactured home parks or subdivisions.

All manufactured homes in special flood hazard areas shall meet the anchoring standards in HMC § 17.42.170(A), construction materials and methods requirements in HMC § 17.42.170(B), flood openings requirements in HMC § 17.42.170(C)(3), and garages and low-cost accessory structure standards in HMC § 17.42.170(C)(5).

Note: Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation and floodproofing requirement in HMC § 17.42.170(C).

All manufactured homes that are placed or substantially improved, on sites located: (1) in a new manufactured home park or subdivision; (2) in an expansion to an existing manufactured home park or subdivision; (3) or in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood shall:

Within Zones A1 – A30, AH, and AE on the community's flood insurance rate map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1 – A30, AH, and AE on the community's flood insurance rate map that are not subject to the provisions of subsection A of this section will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

Lowest floor of the manufactured home is at or above the base flood elevation; or

Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

(Ord. 462 § 5.4, 2008)

§ 17.42.210 Standards for recreational vehicles.

All recreational vehicles placed in Zones A1 – A30, AH, and AE will either:

Be on the site for fewer than 180 consecutive days; or

Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

Meet the permit requirements of HMC § 17.42.150 and the elevation and anchoring requirements for manufactured homes in HMC § 17.42.200(A).

(Ord. 462 § 5.5, 2008)

§ 17.42.220 Floodways.

Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1 – A30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the city of Holtville.

Within an adopted regulatory floodway, the city of Holtville shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

If subsections A and B of this section are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of HMC § 17.42.170 through this section.

(Ord. 462 § 5.6, 2008)

§ 17.42.230 Nature of variances.

The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.

The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the Holtville city council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

(Ord. 462 § 6.1, 2008)

§ 17.42.240 Conditions for variances.

Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of HMC § 17.42.130 through § 17.42.220 have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

Variances may be issued for the repair or rehabilitation of historic structures (as defined in HMC § 17.42.050) upon a determination that the proposed repair or rehabilitation 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.

Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

Variances shall only be issued upon a determination that the variance is the minimum necessary considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the Holtville city council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Holtville city council believes will both provide relief and preserve the integrity of the local ordinance.

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 $100.00 of insurance coverage; and

Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the office of the Imperial County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

(Ord. 462 § 6.2, 2008)

§ 17.42.250 Appeal board.

In passing upon requests for variances, the Holtville city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:

Danger that materials may be swept onto other lands to the injury of others;

Danger of life and property due to flooding or erosion damage;

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

Importance of the services provided by the proposed facility to the community;

Necessity to the facility of a waterfront location, where applicable;

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

Compatibility of the proposed use with existing and anticipated development;

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

Safety of access to the property in time of flood for ordinary and emergency vehicles;

10.

Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

11.

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

Variances shall only be issued upon a:

Showing of good and sufficient cause;

Determination that failure to grant the variance would result in exceptional hardship to the applicant; and

Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "public safety and nuisance"), cause fraud and victimization of the public, or conflict with existing local laws or ordinances.

Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use; provided, that the provisions of subsections A through D of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

Upon consideration of the factors of HMC § 17.42.240(A) and the purposes of this chapter, the Holtville city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(Ord. 462 § 6.3, 2008)

§ 17.44.010 Fence required.

Every swimming pool shall be enclosed by a natural baffler, retaining wall, fence or other structure having a minimum height of five feet, and a maximum height as provided in HMC § 17.10.110(B), and constructed or installed so as to obstruct access by persons other than the owners or occupants of the premises on which the swimming pool is located.

Every existing swimming pool shall be enclosed as required by subsection A of this section. When any such fence, structure or wall enclosing an existing swimming pool would be located in a required front yard setback, written application shall be made to the planning commission for a variance to permit the construction and installation of the fence, wall or structure as required by this chapter, or of an equivalent enclosing wall, fence, structure or natural barrier.

(Ord. 441 § 1, 2000)

§ 17.44.020 Gates.

The fences required in HMC § 17.44.010 may include gates. All gates must be self-latching, with latches placed at least four feet above the underlying ground in order to be securely closed. All gates opening through such enclosure shall be kept securely closed and latched at all times.

(Ord. 441 § 1, 2000)

§ 17.44.030 Ingress and egress.

A fence, gate or other protective device, as required by these sections, shall be installed in such a manner as to comply with the fire exit requirements as contained in this code and state law. No swimming pool shall be installed in any court or yard area that is required for ingress or egress to any building or occupancy.

(Ord. 441 § 1, 2000)

§ 17.44.040 Front, side and rear yard requirements.

All swimming pools, including heating, filtering, pumping and accessory equipment constructed after the effective date of the ordinance codified in this title shall be subject to the front and side yard requirements of the zone in which the they are located, but in no case shall be located closer than three feet from any front or side property line.

All swimming pools, including heating, filtering, pumping and accessory equipment, constructed after the effective date of the ordinance codified in this title shall be subject to a three-foot rear yard requirement.

All heating, filtering, pumping and accessory equipment used in connection with such swimming pool, if located entirely below the finished grade of the site and provided with a permanent, durable, protective cover, need not observe the front, side or rear yard requirements.

(Ord. 441 § 1, 2000)

§ 17.44.050 Fencing requirements – Exemptions.

All swimming pools that are completely contained within the walls of a building shall be exempt from the provisions of the fencing requirements contained in HMC § 17.44.010 through § 17.44.030.

(Ord. 441 § 1, 2000)

§ 17.44.060 Lot coverage.

Swimming pools shall not be considered residential structures for purposes of computing lot coverage.

(Ord. 441 § 1, 2000)

§ 17.46.010 Compliance to standards required.

Home occupations permitted by the provisions of this chapter shall comply with the regulations set forth in this chapter.

(Ord. 441 § 1, 2000)

§ 17.46.020 Residence required.

No one other than (a) resident(s) of the dwelling unit shall be employed in the conduct of a home occupation.

(Ord. 441 § 1, 2000)

§ 17.46.030 Location within dwelling required.

A home occupation shall be conducted in a dwelling and shall be clearly incidental and secondary to its use for dwelling purposes.

(Ord. 441 § 1, 2000)

§ 17.46.040 Structural alterations prohibited.

There shall be no external alteration of the dwelling in which a home occupation is conducted, and the existence of a home occupation shall not be apparent beyond the boundaries of the site, except for a name plate no larger than two feet square.

(Ord. 441 § 1, 2000)

§ 17.46.050 Sale of services or items restricted.

There shall be no sales of products or services not produced on the premises or used in the home occupation.

(Ord. 441 § 1, 2000)

§ 17.46.060 Motor, mechanical equipment restricted.

No motor or mechanical equipment shall be permitted other than normally incidental to the use of the structure as a dwelling.

(Ord. 441 § 1, 2000)

§ 17.46.070 Noise, odors, electrical interference.

A home occupation shall not create any radio or television interference or create noise audible beyond the boundaries of the site. Also, no equipment shall be used that makes dust, odor, smoke, vibration or other adverse conditions that are detrimental to adjoining dwellings.

(Ord. 441 § 1, 2000)

§ 17.46.080 Pedestrian, vehicular traffic.

The use shall not generate pedestrian or vehicular traffic beyond that normal to the zone in which it is located.

(Ord. 441 § 1, 2000)

§ 17.46.090 Commercial vehicle delivery.

The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises.

(Ord. 441 § 1, 2000)

§ 17.46.100 Display of products.

There shall be no display of products produced by the home occupation visible in any manner from outside of the dwelling unit.

(Ord. 441 § 1, 2000)

§ 17.46.110 Storage.

There shall be no storage of materials or supplies out of doors.

(Ord. 441 § 1, 2000)

§ 17.48.010 Intent.

The intent of this chapter is to provide development standards for second dwelling units on lots that contain single-family dwellings to ensure that second units are compatible with existing neighborhoods.

(Ord. 441 § 1, 2000)

§ 17.48.020 Prohibition.

No second dwelling unit shall be constructed by any person who has not first obtained a conditional use permit from the planning commission and paid the fee as set by the city council by resolution.

(Ord. 441 § 1, 2000)

§ 17.48.030 Definition.

"Second unit"

means a dwelling unit that provides complete independent living facilities for one or more persons.

(Ord. 441 § 1, 2000)

§ 17.48.040 Environment.

The approval of a second unit in the single-family residential zone is exempt from the provisions of the California Environmental Quality Act (CEQA). Second units on a block are limited to four in number and shall not be constructed on blocks without alleys for the following reasons:

Since the city has approximately four miles citywide of unpaved alleys, second units shall be limited to four in number per block to ensure that no further adverse impacts occur from dust generation, trackout and traffic generation; and

Second units shall not be constructed in blocks without alleys since tandem parking of a second unit vehicle is not permitted.

(Ord. 441 § 1, 2000)

§ 17.48.050 Development standards and conditions for approval of new second units.

Table 17.48-1 depicts development standards for second dwelling units.

Table 17.48-1 Second Dwelling Units – Development Standards and Conditions for Approval of New Second Units
Second Dwelling Units	Standards and Conditions
New second dwelling units	Must meet requirements of Chapter 17.20 HMC relating to height, setback, lot coverage, parking, architectural review, site plan review fees and charges
Parking	One off-street paved parking space
Height	No more than two stories, with parking in the lower level
Minimum lot area	6,000 square feet (lot shall contain an existing residential dwelling which is owner-occupied)
Maximum unit size	A. 30 percent of the existing residential floor area, if attached B. Not exceeding 1,200 square feet if detached

In addition to the development standards described in Table 17.48-1, the following development standards also apply to second dwelling units:

The second dwelling unit shall meet requirements of the zone in which it is located relating to height, setback, lot coverage, architectural review, site plan review, fees and charges;

The second dwelling unit may be constructed within an existing building or detached accessory building;

The second living unit shall conform in design, materials and colors consistent with the main living unit, when attached;

The owner shall pay to the city all appropriate fees at the time the building permit is obtained;

The second unit may not be sold separately. However, the second unit shall be provided separate water and electric meters;

Property owners within a 300-foot radius of the site, and property owners within the existing block, will be notified in writing of the proposed second unit, and shall be notified at least 10 days prior to a decision by the planning commission; and

In the case where an existing small dwelling unit abuts an alley, the new second dwelling unit maximum size may be larger as long as the total lot coverage does not exceed 50 percent.

(Ord. 441 § 1, 2000)

§ 17.48.060 Required findings and conditions.

A conditional use permit in accordance with this chapter shall be required to be issued by the planning commission provided the following findings are made:

The proposed second unit is conformity with the standards of the zone and other applicable ordinances;

The plan for the second unit reflects sufficient consideration of the relationship between the proposed buildings, structures, traffic demands, parking, and those that already exist or have been approved for the general neighborhood so as to preserve and protect neighborhood character, and once in place will not adversely impact this neighborhood character;

The second unit is not so different in its exterior design and appearance from that of other existing structures in the general neighborhood so as to cause the local environs to materially depreciate in appearance and value;

All necessary city permits will be obtained prior to construction; and

Construction work must begin under the building permit within 12 months after the effective date of the building permit and carried on diligently to completion or the permit shall expire.

(Ord. 441 § 1, 2000)

§ 17.48.070 Procedure for establishing second unit.

A second unit must be established through the conditional use permit process described in Chapter 17.60 HMC.

(Ord. 441 § 1, 2000)

§ 17.50.010 Intent.

The intent of these regulations is to ensure that recreational vehicle parks meet minimum standards of habitability and do not adversely impact surrounding properties.

(Ord. 441 § 1, 2000)

§ 17.50.020 Permissible zones.

Subject to a conditional use permit and a plot plan approved by the planning commission and city council, recreational vehicle parks may be established in the RR-1, RR-2, and OS zones.

Property specifically approved for recreational vehicle use shall not be used for any other purpose than that specified.

(Ord. 441 § 1, 2000)

§ 17.50.030 Conflicting regulations.

In the event of conflict between any provision of this chapter, or of a conditional use permit issued under this chapter, and any provision of Part 2 of Division 13 of the Health and Safety Code or any controlling state regulation pursuant thereto, the state law or regulation shall apply. If the state law or regulation is not controlling, then the more stringent provision or that requiring higher standards shall apply.

(Ord. 441 § 1, 2000)

§ 17.50.040 General standards.

No recreational vehicle park may be established that does not conform to the requirements of Title 25, Chapter 5 of the State of California Administrative Code, Division 13 of the Health and Safety Code of the State of California and this code. Persons wanting to establish a recreational vehicle park will submit detailed plans of the proposed park in accordance with requirements of Chapter 17.60 HMC.

No person shall establish a recreational vehicle park within the city until permits for that purpose have been obtained from the building department.

Recreational vehicle parks shall be duly licensed as a business and shall conform to all laws governing businesses.

Recreational vehicle parks shall be located on a parcel of land not less than three acres in area.

All vehicles within the park shall be kept mobile so that they may be moved within one hour if required.

(Ord. 441 § 1, 2000)

§ 17.50.050 Sanitation, hygiene and utilities.

A minimum of 90 percent of recreational vehicle spaces within the recreational vehicle park shall be provided, as a minimum, with electrical and potable water hook-ups.

Each recreational vehicle park shall maintain, as a minimum, one disposal site for the sole use of receiving discharges from recreational vehicle holding tanks and one additional disposal site for every 100 recreational vehicle spaces or fraction thereof. Said discharge facility shall be located in such a manner as to not present unpleasantness to tenants and neighboring residents.

If sewer attachments are provided, existing regulations shall apply.

Every recreational vehicle park shall contain one public sanitary facility apportioned on the basis of one facility per 20 vehicle spaces or fraction thereof for each sex. A shower, lavatory and sink shall be provided in a like ratio. Hot and cold running water shall be provided. Toilets shall be water flush type.

All utilities and amenities shall be underground.

Public eating and drinking facilities such as restaurant and cocktail lounges may be present within the park, but must meet all standards and laws concerning the same.

One washer and dryer per 20 vehicles or fraction thereof shall be provided.

Central trash collection and storage areas shall be provided and screened in each recreational vehicle park. Such areas shall be distributed throughout the park and shall be approved by the public works department.

A public telephone shall be provided for the use of park patrons and shall be centrally located and readily identified to ensure ease of access for emergency use.

Fire protection measures shall be provided as approved by the city fire department.

(Ord. 441 § 1, 2000)

§ 17.50.060 Length of occupancy.

Length of occupancy of each recreational vehicle space shall be regulated as follows:

Persons occupying vehicles with total hook-up capacity, including sewer, water and electricity, shall not occupy any space in a recreational vehicle park for a period exceeding 150 days in any 12-month period, nor shall the cumulative occupancy by such persons of different spaces within the same recreational vehicle park exceed a total of 150 days in any 12-month period.

Persons occupying vehicles with less than total hook-up capacity shall not occupy any recreational vehicle space in a recreational vehicle park for a period exceeding 90 days in any 12-month period, nor shall the cumulative occupancy of such persons of different spaces within the same recreational vehicle park exceed a total of 90 days in any 12-month period.

The recreational vehicle park manager shall maintain a log of the names of persons and dates of occupancy of spaces. The log shall be made available to a code enforcement officer of a question arises as to compliance with these occupancy limitations.

(Ord. 441 § 1, 2000)

§ 17.50.070 Special occupancy permitted.

A special occupancy permit may be issued from the building department allowing a recreational vehicle to occupy any portion of the recreational vehicle park for more than 90 days. This permit shall be valid from date of issuance and terminate 60 days post-issuance. Renewal of the special occupancy permit is allowed.

(Ord. 441 § 1, 2000)

§ 17.50.080 Minimum development standards.

Each space for each recreational vehicle shall provide not less than 1,250 square feet per unit.

Adequate space shall be provided within each recreational vehicle space to accommodate one additional vehicle for the purpose of off-street parking.

All recreational vehicles shall have direct and free access to roads within the park. No more than one recreational vehicle may occupy a recreational vehicle space, with the exception that two tents or one tent and trailer may occupy an existing space provided clearances to adjoining vehicle spaces are maintained.

Roads within the recreational vehicle park shall be paved to city standards. No road shall be less than 25 feet wide within the park.

A total of not more than 20,000 square feet may be used to provide space to accommodate the residence of the park owner/custodian and his family, storage area and required maintenance facilities.

Recreational facilities providing a minimum of 2,000 square feet of area shall be required within each recreational vehicle park. This limitation shall not include any open land less than 10 feet wide between sites or include public facilities, sanitary facilities, etc., in its total.

Recreational vehicle spaces shall contain a pad 10 feet by 40 feet that shall be composed of a minimum of decomposed granite type materials on which the recreational vehicle shall be parked. Spaces shall be so designed as to allow 10-foot widths between successive recreational vehicles.

The following setbacks shall be required:

Front, rear and side setbacks are required for recreational vehicles. Placement of recreational vehicles on lots to provide setbacks of varying depths is encouraged. Minimum front, rear and side yard recreational space setbacks shall be five feet.

Front, rear and side setbacks for custodians area. When the park custodian constructs a standard single-family dwelling and accessory buildings upon that portion of the park designated for the same, all setbacks and separations applicable to the R-1 zone shall apply.

All setbacks from streets and other areas in a recreational vehicle park not used for driveways, parking, buildings, and service areas shall be landscaped in accordance with the conditions of the conditional use permit. Walls, earthen berms and landscaped buffer strips shall be used wherever possible to minimize noise from highway sources.

A screening wall of eight feet in height shall be provided to effectively screen the park from adjoining land uses and to ensure privacy of patrons and adjacent residences. Screening in all parks shall be approved by the planning commission and city council.

Signs advertising the recreational park may be prominently displayed at each entrance to the park and will conform to specifications for signs as determined by Chapter 17.56 HMC.

Adequate lighting shall be provided for all walkways, streets, parking areas, sanitary facilities, storage areas and recreational facilities. No lighting shall be constructed or positioned so as to cause direct or undesirable illumination of adjacent property or recreational vehicle spaces within the park.

(Ord. 441 § 1, 2000)

§ 17.50.090 Modification of development standards.

Modification of the development standards contained in HMC § 17.50.080 may be granted by the planning commission only when it determines that such modifications will not be detrimental to the public interest or incompatible with surrounding land uses.

(Ord. 441 § 1, 2000)

§ 17.50.100 Accessory uses.

A recreational vehicle park may include the following accessory uses provided such uses are designed to be clearly accessory to the recreational vehicle park and intended for the convenience of the occupants and their guests:

Building or buildings designed for indoor assembly and/or recreation;

Commercial structures and uses such as a general store, restaurant, lunch counter, and/or snack bar;

Service buildings and facilities incidental to and customarily accessory to permitted uses, including saunas and swimming pools;

Storage facilities may be provided for the storage of vehicles belonging to park occupants. Storage area shall be paved and enclosed by solid wall or fence not less than six feet in height.

(Ord. 441 § 1, 2000)

§ 17.50.110 Park control regulated.

The park owner and/or custodian shall be responsible for the control of nuisances within the park. The owner and/or custodian will ensure that rules of order for the park patrons are posted and enforced. Rules of the park shall as a minimum require animal, child and public controls to protect the peace and prohibit nuisances. The park owner and custodian will ensure provisions of this code are followed.

(Ord. 441 § 1, 2000)

§ 17.51.010 Purpose.

The purpose of this chapter is to establish a procedure for reasonable accommodation in the city of Holtville. Per the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter referred to as "Fair Housing Acts"), it is the policy of the jurisdiction to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This chapter establishes a procedure for making requests for reasonable accommodation in land use and zoning, policies, practices and procedures of the city of Holtville to comply fully with the intent and purpose of the Fair Housing Acts.

(Ord. 470 § 1, 2010)

§ 17.51.020 Findings.

The city council of the city of Holtville finds the following:

The fair housing laws impose a duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing.

The city of Holtville housing element identifies a plan for removing governmental constraints to housing for individuals with disabilities including local land use and zoning constraints or providing reasonable accommodation;

The Attorney General of the state of California has recommended that cities and counties implement fair housing reasonable accommodation procedures for making land use and zoning determinations concerning individuals with disabilities to further the development of housing for individuals with disabilities.

(Ord. 470 § 2, 2010)

§ 17.51.030 Applicability.

A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities.

A "person with a disability" is one who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment.

A request for reasonable accommodation may include a modification or exceptions to the rules, standards, and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

(Ord. 470 § 3, 2010)

§ 17.51.040 Application requirements.

Application Requests. Requests for reasonable accommodation shall be submitted on the uniform planning application form, as a special accommodations permit as provided by the city clerk, or in the form of a letter, addressed to the city clerk, and shall contain the following information:

The applicant's name, address and telephone number;

Address of the property for which the request is being made;

The current actual use of the property;

The basis for the claim that the individual is considered disabled under the Fair Housing Acts;

The zoning code provision, regulation or policy from which reasonable accommodation is being requested;

Explanation as to why the reasonable accommodation is necessary to make the specific property accessible to the disabled individual.

Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to, the following: conditional use permit, design review, general plan amendment, zone change, annexation, etc.), then the applicant shall file the information required by subsection A of this section concurrent with the application for discretionary approval.

(Ord. 470 § 4, 2010)

§ 17.51.050 Review authority and procedure.

Review Process. Requests for reasonable accommodation shall be reviewed under the city's normal procedures with initial review and recommendation by the project review committee and final review and determination by the planning commission.

Planning Commission Review. The planning commission shall make a written determination within 45 days and either grant, grant with modifications or deny a request for reasonable accommodation in accordance with HMC § 17.51.060, Required findings.

(Ord. 470 § 5, 2010)

§ 17.51.060 Required findings.

The written decisions to grant, grant with conditions or deny a request for reasonable accommodation shall be consistent with the Fair Housing Acts and shall be considered based on the following factors:

Findings.

Whether the dwelling unit which is the subject of the request will be inhabited or used by an individual disabled as defined under the Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act;

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual disabled under the Fair Housing Acts;

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city;

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning;

The potential of the reasonable accommodation to impact surrounding land uses;

Alternative reasonable accommodations which may provide a comparable level of benefit.

Conditions of Approval. In granting a request for reasonable accommodation, the planning commission may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection A of this section.

(Ord. 470 § 6, 2010)

§ 17.51.070 Written decision on the request for reasonable accommodation.

Written Decision.

The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the planning commission's findings on the criteria set forth in HMC § 17.51.060(A). All written decisions shall inform the applicant of their right to appeal and to request reasonable accommodation in the appeals process set forth in HMC § 17.51.080. The notice of decision shall be sent to the applicant via certified mail.

The written decision of the planning commission shall be final unless an applicant appeals it to the Holtville city council.

If upon appeal the reviewing authority fails to render a written decision on the request for reasonable accommodation within a 60-day time period, the request shall be deemed granted.

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full effect.

(Ord. 470 § 7, 2010)

§ 17.51.080 Appeals.

Within 30 days of the date of the planning commission's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decisions shall be made in writing and delivered to the city clerk.

All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the applicant's rights.

(Ord. 470 § 8, 2010)

§ 17.51.090 Fees.

Notwithstanding any other provision of this code, there shall be a fee imposed in connection with an application for reasonable accommodation, including appeals, under this chapter. The fee for an application for reasonable accommodation shall be established by resolution of the city council.

(Ord. 470 § 9, 2010)

Holtville City Zoning Code

Division III

§ 17.42.010 Statutory authorization.

§ 17.42.020 Findings of fact.

§ 17.42.030 Statement of purpose.

§ 17.42.040 Methods of reducing flood losses.

§ 17.42.050 Definitions.

§ 17.42.060 Lands to which this chapter applies.

§ 17.42.070 Basis for establishing the areas of special flood hazard.

§ 17.42.080 Compliance.

§ 17.42.090 Abrogation and greater restrictions.

§ 17.42.100 Interpretation.

§ 17.42.110 Warning and disclaimer of liability.

§ 17.42.120 Severability.

§ 17.42.130 Designation of the floodplain administrator.

§ 17.42.140 Duties and responsibilities of the floodplain administrator.

§ 17.42.150 Development permit.

§ 17.42.160 Appeals.

§ 17.42.170 Standards of construction.

§ 17.42.180 Standards for utilities.

§ 17.42.190 Standards for subdivisions and other proposed development.

§ 17.42.200 Standards for manufactured homes within manufactured home parks or subdivisions.

§ 17.42.210 Standards for recreational vehicles.

§ 17.42.220 Floodways.

§ 17.42.230 Nature of variances.

§ 17.42.240 Conditions for variances.

§ 17.42.250 Appeal board.

§ 17.44.010 Fence required.

§ 17.44.020 Gates.

§ 17.44.030 Ingress and egress.

§ 17.44.040 Front, side and rear yard requirements.

§ 17.44.050 Fencing requirements – Exemptions.

§ 17.44.060 Lot coverage.

§ 17.46.010 Compliance to standards required.

§ 17.46.020 Residence required.

§ 17.46.030 Location within dwelling required.

§ 17.46.040 Structural alterations prohibited.

§ 17.46.050 Sale of services or items restricted.

§ 17.46.060 Motor, mechanical equipment restricted.

§ 17.46.070 Noise, odors, electrical interference.

§ 17.46.080 Pedestrian, vehicular traffic.

§ 17.46.090 Commercial vehicle delivery.

§ 17.46.100 Display of products.

§ 17.46.110 Storage.

§ 17.48.010 Intent.

§ 17.48.020 Prohibition.

§ 17.48.030 Definition.

§ 17.48.040 Environment.

§ 17.48.050 Development standards and conditions for approval of new second units.

§ 17.48.060 Required findings and conditions.

§ 17.48.070 Procedure for establishing second unit.

§ 17.50.010 Intent.

§ 17.50.020 Permissible zones.

§ 17.50.030 Conflicting regulations.

§ 17.50.040 General standards.

§ 17.50.050 Sanitation, hygiene and utilities.

§ 17.50.060 Length of occupancy.

§ 17.50.070 Special occupancy permitted.

§ 17.50.080 Minimum development standards.

§ 17.50.090 Modification of development standards.

§ 17.50.100 Accessory uses.

§ 17.50.110 Park control regulated.

§ 17.51.010 Purpose.

§ 17.51.020 Findings.

§ 17.51.030 Applicability.

§ 17.51.040 Application requirements.

§ 17.51.050 Review authority and procedure.

§ 17.51.060 Required findings.

§ 17.51.070 Written decision on the request for reasonable accommodation.

§ 17.51.080 Appeals.

§ 17.51.090 Fees.