CHAPTER 9.
BUILDING REGULATIONS

Article 1.0. Adoption of Building and Related Codes (Ord. 3551, 10/16)

§9-0.1    Adoption of Codes

§9-0.2    Exemption for pending applications

Article 1.5. Amendments to Uniform Codes (Ord. 3551, 10/16)

§9-1    Amendments to California Building Code

§9-1.1    Amendments to California Residential Code

§9-2    Amendments to California Plumbing Code

§9-3    Repealed by Ordinance No. 3398, 11/07

§9-4    Repealed by Ordinance No. 3398, 11/07

Article 2. Fire Zones

§9-18    Established

§9-19    Repealed by Ordinance No. 2237

§9-20    Repealed by Ordinance No. 2237

§9-21    Applicability of Building Regulations

§9-22    Enforcement and Administration of Article

Article 3. Water Well Standards

§9-23    Purpose of Article

§9-24    Definitions

§9-25    Permits -- required; compliance with terms, conditions, standards, construction, repair, etc. of wells limited.

§9-26    Same -- application, filing fee, issuance or denial, expiration

§9-27    Same -- suspension or revocation

§9-28    Variances

§9-29    Adoption of Standards

§9-30    Compliance with Water Code, filing of well driller’s log

§9-31    Appeals to Board of Supervisors

§9-32    Inspections, right of entry

Article 4. Elevators

§9-50    Elevators Required in Elderly Housing Projects

§9-51    Alternative Less Than Eight Units

§9-52    Elderly Defined

§9-53    Handicapped Rules Prevail

§9-54    Time of Compliance

Article 5. Earthquake Hazard Reduction for Unreinforced Masonry Buildings

§9-60    Scope of Article

§9-61    Definitions

§9-62    General Requirements

§9-63    Administration

§9-65    Roofing Material

Article 6. Penalties

§9-66    Penalties for violations of Chapter

Article 7. Flood Damage Prevention (Ord 3293, 06/2001)

§9-67    Statutory Authorization, Findings of Fact, Purposes and Methods

§9-68    Definitions

§9-69    General Provisions

§9-70    Administration

§9-71    Provisions for Flood Hazard Reduction

§9-71.5    Coastal High Hazard Areas

§9-72    Variance Procedure

Article 8. Digging and Excavation on the Former Fort Ord (Ord 3384, 02/07)

§9-73    Purpose and intent

§9-74    General

§9-75    Designation and applicability

§9-76    Excavation and digging restrictions

§9-77    Permit requirements

§9-78    Permit procedure

§9-79    Term of Permit

§9-80    Exceptions to permit conditions

§9-81    Performance bond

§9-82    Amendment to permits

§9-83    Appeals

§9-84    Notification to property owners and other land users

§9-85    Revision of chapter

Article 9. Small Residential Rooftop Solar Energy Systems (Ord. 3520, 8/15)

§9-86    Definitions

§9-87    Purpose

§9-88    Applicability

§9-89    Solar energy system requirements

§9-90    Applications and documents

§9-91    Permit review and inspection procedures

ARTICLE 1.0.
ADOPTION OF BUILDING AND RELATED CODES (Ord. 3551, 10/16)

Sec. 9-0.1. Adoption of Codes.

Except as otherwise amended by this chapter and Chapter 13 of this City Code, the following model codes are hereby adopted and are incorporated in this chapter by reference and made a part hereof as if fully set forth herein:

1.    2016 California Building Code and Appendices H, I, J;

2.    2016 California Historic Building Code;

3.    2016 California Existing Building Code;

4.    2016 California Residential Code;

5.    2016 California Plumbing Code;

6.    2016 California Electrical Code;

7.    2016 California Mechanical Code;

8.    2016 California Green Building Standards Code;

9.    2016 California Fire Code;

10.    2015 International Property Maintenance Code. (Ord. 3551 § 2, 2016)

Sec. 9-0.2. Exemption for pending applications.

The provisions of the 2016 Editions of the California Building Code, and Appendices H, I, J, the 2016 California Historic Building Code, the 2016 California Mechanical Code, the 2016 California Plumbing Code, the 2016 California Electrical Code, the 2016 California Fire Code, the 2016 International Property Maintenance Code, and the 2016 Existing Building Code, as adopted and amended herein, shall not apply to any building or structure for which application for a building permit was made prior to January 1, 2014. Such buildings or structures shall be erected, constructed, enlarged, altered, or repaired in accordance with the provisions of this chapter in effect at the date of said application. (Ord. 3551 § 2, 2016)

ARTICLE 1.5.
AMENDMENTS TO UNIFORM CODES (Ord. 3551, 10/16)

Sec. 9-1. Amendments to California Building Code.

Section 105.3.2 is hereby amended to read as follows:

105.3.2 Time limitation of applications. Applications for which no permit is issued within 180 days following the date of the application shall expire, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond control of the applicant have prevented action from being taken and the extension has been submitted in writing prior to the expiration date.

If a permit has not been obtained after the first extension, additional extensions of 90 days may be granted provided the applicant submits this request in writing AND pays a fee equal to $500 for each requested 90-day extension and the project has not changed in scope.

Exception: If a project has been approved by the City on condition where a pending approval from an outside agency exists at time of expiration, written extensions will not be required.

Section 105.5 is hereby amended to read as follows:

105.5 Expiration of Permits. Every permit issued by the building official under the provisions of the technical codes shall expire and become null and void, if the project authorized by such permit has not achieved an approval for one of the required inspections identified in section 110.3 of the 2013 California Building Code within one year of such permit.

The building official may grant a one-time permit extension of 180 days provided the applicant submits a request in writing prior to the permit expiration and the project has not changed in scope. Additional extension requests of 90 days may be granted by the building official if the request is made in writing, the project has not changed in scope, the project has obtained at least one inspection approval AND the applicant pays a fee of $1,000 for each 90-day extension.

Before work can commence or recommence under an expired permit, a new permit application must be submitted and permit obtained along with all applicable fees applied for this new project.

All existing projects are subject to this section and will be subject to the conditions listed above.

Section 1505.1.1 is hereby amended to read as follows:

1505.1.1 Real coverings within ALL fire hazard severity zones. Any new roof on a new or existing structure and any re-roofing of an existing structure of 50% or more of the total roof area within a one-year period shall be of a fire retardant roof or class A roof. (Climatic I, Geographical I, Topographical findings)

(Ord. 3551 § 3, 2016)

Sec. 9-1.1. Amendments to California Residential Code.

Section R105.5 is hereby amended to read as follows:

R105.5 Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of the application shall expire, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond control of the applicant have prevented action from being taken and the extension has been submitted in writing prior to the expiration date.

If a permit has not been obtained after the first extension, additional extensions of 90 days may be granted provided the applicant submits this request in writing AND pays a fee equal to $500 for each requested 90-day extension and the project has not changed in scope.

Exception: If a project has been approved by the City on condition where a pending approval from an outside agency exists at time of expiration, written extensions will not be required.

Section R105.5 is hereby amended to read as follows:

R105.5 Expiration of Permits. Every permit issued by the building official under the provisions of the technical codes shall expire and become null and void, if the project authorized by such permit has not achieved an approval for one of the required inspections identified in section 110.3 of the 2013 California Building Code within one year of such permit.

The building official may grant a one-time permit extension of 180 days provided the applicant submits a request in writing prior to the permit expiration and the project has not changed in scope. Additional extension requests of 90 days may be granted by the building official if the request is made in writing, the project has not changed in scope, the project has obtained at least one inspection approval AND the applicant pays a fee of $1,000 for each 90-day extension.

Before work can commence or recommence under an expired permit, a new permit application must be submitted and permit obtained along with all applicable fees applied for this new project.

All existing projects are subject to this section and will be subject to the conditions listed above.

Section R313.2 is hereby amended to read as follows:

R313.2 One- and Two-Family Dwellings Automatic Fire Systems. An automatic residential fire sprinkler system shall be installed in new one- and two-family dwellings, or to which additions, alterations, or repairs are made that involve the removal or replacement to 50 percent or greater of the linear length of walls of the building (exterior plus interior) within a one-year period shall meet the requirements of new construction or this code.

Section R403.1.3 is hereby amended to read as follows:

R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories D0, D1 and D2, as established in Table R301.2 (1), shall have minimum reinforcement of at least two continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.

In Seismic Design Categories D0, D1 and D2 where a construction joint is created between a concrete footing and a stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing, have a standard hook, and extend a minimum of 14 inches (357 mm) into the stem wall.

In Seismic Design Categories D0, D1 and D2 where a grouted masonry stem wall is supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing and have a standard hook.

In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted.

Exception: In detached one- and two-family dwellings, which are three stories or less in height and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are permitted. (Geographical II finding)

Section R902.1.1. is hereby amended to read as follows:

R902.1.1. Real coverings within ALL fire hazard severity zones. Any new roof on a new or existing structure and any re-roofing of an existing structure of 50% or more of the total roof area within a one-year period shall be of a fire retardant roof or class A roof. (Climatic I, Geographical I, Topographical findings)

(Ord. 3551 § 3, 2016)

Sec. 9-2. Amendments to California Plumbing Code.

Section 710.1 is hereby amended to read as follows:

710.1. In every case where the outlet of a trap for a plumbing fixture is installed or located at an elevation which is less than two feet (2') above the rim of the nearest manhole uphill from the point of connection of the building sewer to the public sewer in any new or existing drainage system, approved types of backwater valve, relief vent and cleanout shall be installed in the building sewer at the point of lowest elevation of the ground surface of the building site outside of the building or at such other location as is permitted by the Building Inspector, providing that at any such location, the elevation of the ground surface is not less than two (2') below the lowest trap outlet served by the building sewer.

The installation shall consist of an approved fresh air inlet and a Y branch or combination fitting installed in sequence in the line of flow from the building. The vent from this fresh air inlet shall be piped to the ground surface and capped with a vent cap. Provision shall be made by elevation above the ground or by other means for preventing the obstruction of the vent opening or the flow of water therein. The cleanout shall be placed as close to the valve as is practical and shall be piped to within one foot (1') of the ground surface and closed with an approved cleanout plug. Every existing installation which includes a plumbing fixture trap outlet which is less than two feet (2') above the rim of the nearest manhole uphill from the point of connection of the building sewer to the public sewer is hereby declared to be dangerous, unsanitary and a menace to life, health and property. Whenever it shall come to the attention of the Building Inspector that such an installation exists, he or she is hereby empowered to order and require that such plumbing outlet be immediately plugged or capped, or that the equipment described in the preceding paragraph of this section be installed immediately. (Topographical finding)

(Ord. 3551 § 3, 2016)

Sec. 9-3. Repealed by Ordinance No. 3398 C.S.

Sec. 9-4. Repealed by Ordinance No. 3398 C.S.

ARTICLE 2.
FIRE ZONES.

Sec. 9-18. Established.

Fire Zone No. 3 is hereby established in and for the City and shall embrace all lots and lands therein, including any lots or lands subsequently annexed to the City.

Sec. 9-19. Repealed by Ordinance No. 2237 C.S.

Sec. 9-20. Repealed by Ordinance No. 2237 C.S.

Sec. 9-21. Applicability of building regulations.

The provisions and restrictions set forth in the Uniform Building Code adopted by this Chapter shall be applicable to the fire zones established under this Article.

Sec. 9-22. Enforcement and administration of Article.

The Fire Chief, Public Works Director as defined in Section 38-11 and the Building Inspector are authorized and directed to administer and enforce this Article and to prepare mutual recommendations to the City Council for changes which may be deemed proper as determined by criteria established by the American Insurance Association, or other recognized authority. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

ARTICLE 3.
WATER WELL STANDARDS.

Sec. 9-23. Purposes of Article.

The purposes of this Article are:

(a)    To regulate the construction, maintenance, repair, reconstruction, abandonment and destruction of wells so as to protect the quality of underground waters by preventing or minimizing the pollution or contamination thereof, thereby promoting the public health, safety and welfare.

(b)    To comply with Article 4 (beginning at Section 13800) of Chapter 10, Division 7 of the Water Code, relating to well standards.

Sec. 9-24. Definitions.

As used in this Article, unless otherwise apparent from the context, the following words shall mean:

Contamination, pollution and nuisance. Meanings ascribed to them by Section 13050 of the Water Code.

Health Officer. The health officer or the director of health services of the county or the authorized representative of either of them.

Well or water well. Any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground. This definition shall not include oil and gas wells or geothermal wells constructed under the jurisdiction of the department of conservation, except those wells converted to use as water wells; or wells used for the purpose of dewatering excavation during construction or stabilizing hillsides or earth embankments.

Sec. 9-25. Permits -- required; compliance with terms and conditions, standards; construction, repair, etc., of wells limited.

(a)    No person shall construct, repair, reconstruct, abandon or destroy any well unless a written permit has first been obtained from the health officer pursuant to this Article.

(b)    No person to whom such a permit has been issued shall fail to comply with all of the terms and conditions thereof and with the standards specified in this Article.

(c)    No person other than a contractor licensed in accordance with the provisions of the Contractors License Law (Chapter 9, Division 3 of the Business and Professions Code) shall perform any construction, repair, reconstruction or destruction of a well unless exempted by that law.

Sec. 9-26. Same -- application; filing fee; issuance or denial; expiration.

(a)    Application for a permit pursuant to this Article shall be:

1.    Made in writing to the health officer, in such form as he may prescribe, setting forth such information as he may reasonably require to secure the purposed of this Article.

2.    Signed by the applicant and accompanied by a filing fee in an amount to be set by resolution, no part of which shall be refundable.

(b)    Any permit which is issued may contain and be subject to such terms and conditions as the health officer finds necessary to carry out the purposes of this Article. He shall deny an application for a permit if, in his judgment, its issuance would tend to defeat the purposes of this Article.

(c)    Every permit issued pursuant to this Article shall expire and become null and void if the work authorized thereby has not been completed within one year following its issuance. Upon expiration, no further work shall be done unless and until a new permit has been obtained.

Sec. 9-27. Same -- suspension or revocation.

(a)    The health officer may suspend or revoke any permit issued pursuant to this Article whenever he finds that the permittee has violated any of the provisions of this Article or has misrepresented any material fact in his application or any supporting documents for such permit. Prior to ordering any such suspension or revocation, the health officer shall give the permittee an opportunity for a hearing thereon, after reasonable notice.

(b)    No person whose permit has been suspended or revoked shall continue to perform the work for which the permit was granted until, in the case of suspension, such permit has been reinstated by the health officer.

(c)    Upon suspending or revoking any permit, the health officer may order the permittee to perform any work reasonably necessary to protect the underground waters from pollution or contamination if any work already done by the permittee has left a well in such condition as to constitute a hazard to the quality of the underground waters. No permittee shall fail to comply with any such order.

Sec. 9-28. Variances.

The health officer shall have the power, in specific cases, to grant a variance from any provision of the standards incorporated into this Article by reference whenever he finds that special circumstances exist in a particular case and that practical difficulties or unnecessary hardship would result from the strict interpretation and enforcement of any such standard, and that the granting of such a variance would not tend to defeat the purposes of this Article.

Sec. 9-29. Adoption of standards.

Chapter II and appendices E, F, and G of the California Department of Water Resources Bulletin No. 74, “Water Well Standards,” dated February , 1968, and California Department of Water Resources Bulletin No. 74-1, “Cathodic Protection Well Standards,” dated March, 1973, copies of both of which are on file as required by law, are adopted and incorporated into this Article by reference, with the following modification to paragraph A of section 8 of Part II of such Bulletin No. 74: The minimum distance between all wells and any subsurface sewage leaching field or septic tank shall be 100 feet.

Sec. 9-30. Compliance with Water Code: filing of well driller’s log.

(a)    Nothing contained in this Article shall be deemed to excuse any person from compliance with the provisions of Article 3 (commencing at Section 13750) of Chapter 10, Division 7 of the Water Code, relating to notices and reports.

(b)    Upon completion of a well, the owner or his authorized representative shall file with the health officer a copy of the well driller’s detailed log, referred to in Section 13751 of the Water Code.

Sec. 9-31. Appeals to Board of Supervisors.

(a)    Any person whose application for a permit has been denied, or granted conditionally, or whose permit has been suspended or revoked, may appeal to the Board of Supervisors in writing within ten days after any such denial, conditional granting, suspension or revocation. Such appeal shall specify the grounds upon which it is taken and shall be accompanied by a filing fee in an amount to be set by resolution. The clerk of such board shall set such appeal for hearing at the earliest practicable time, and shall notify the appellant and the health officer in writing of the time so set at least five days prior to the hearing.

(b)    After such hearing, the Board of Supervisors may reverse, wholly or partly, or may modify the orders or determination appealed from.

Sec. 9-32. Inspections; right of entry.

The health officer shall enforce and administer this Article and shall have the right to enter upon any premises at all reasonable times to make inspections and tests for the purpose of such enforcement and administration. If any such premises are occupied, he shall first present proper credentials and demand entry, and if same are unoccupied, he shall first make a reasonable effort to locate the owner or other person having charge or control of same and demand entry. If such entry is refused, he shall have recourse to such remedies as are provided by law to secure entry.

ARTICLE 4.
ELEVATORS

Sec. 9-50. Elevators Required in Elderly Housing Projects.

At least one elevator shall be required in every multiple rental dwelling in excess of one story that, at the time of construction, is dedicated to exclusively house the elderly, handicapped, or a combination thereof. This requirement shall only apply to the construction of new rental dwelling units.

Sec. 9-51. Alternative Less Than Eight Units.

In projects of less than eight units, the Public Works Director may approve a substitute for an elevator that meets the intent of this article to provide accessibility above the first floor to the elderly and handicapped. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 9-52. Elderly Defined.

“Elderly” shall mean any person over the age of 62 years.

Sec. 9-53. Handicapped Rules Prevail.

In any project where the regulations governing handicapped accessibility are more stringent than this article, said handicapped regulations shall prevail.

Sec. 9-54. Time of Compliance.

No building permit shall be issued for any project which does not meet the requirements of this article.

ARTICLE 5.
EARTHQUAKE HAZARD REDUCTION FOR UNREINFORCED MASONRY BUILDINGS (URM’S)

Sec. 9-60. Scope of Article.

Except as noted, the provisions of this article shall apply to all buildings constructed or under construction prior to 1941 (adoption date of local earthquake resistant code requirements), or for which a building permit was issued prior to 1941, which on the effective date of this ordinance have unreinforced masonry bearing walls as defined herein.

EXCEPTION: This article shall not apply to detached one or two family dwellings; detached apartment houses containing less than five (5) dwelling units and used solely for residential purposes; commercial buildings limited to one story in height and not exceeding four hundred (400) square feet; and historical buildings designated by the City of Monterey, either by a Historical Modifying Zone or by Resolution.

Sec. 9-61. Definitions.

For purposes of this article, the term “UNREINFORCED MASONRY BEARING WALL” shall mean: A masonry wall having all of the following characteristics;

(a)    Provides the vertical support for a floor or roof.

(b)    The total superimposed load is over one hundred (100) pounds per linear foot.

(c)    The area of reinforcing steel is less than fifty (50) percent of that required by Section 2407(h) of the 1985 Uniform Building Code.

Sec. 9-62. General Requirements.

The owner of each building within the scope of this article shall cause a structural analysis of the building to be made by a civil or structural engineer or architect licensed by the State of California. If the building does not meet the minimum earthquake standards specified by resolution of the City Council an engineer or architect shall make recommendations as to the corrections that would bring the building into compliance with these standards.

Within one (1) year after the service of the order noted in Section 9-63, the structural analysis and correction recommendation set forth above as well as adequate plans/drawings appropriate to the calculations and recommendations shall be prepared and provided to the Chief of Inspection Services/Building Official. The building owner shall also submit a letter to the Chief of Inspection Services/Building Official indicating the owner’s intentions for complying with the minimum earthquake standards adopted by the City. (Ord. 3424 § 1, 2009)

Sec. 9-63. Administration.

(a)    Service of Order. The Chief of Inspection Services/Building Official shall issue an order, as provided in Section (b), to the owner of each URM building within sixty (60) days after the effective date of this section. This order shall be final after the period allowed for objection if no such objection shall be filed, or on the date of final determination by the Chief of Inspection Services/Building Official in the event a timely objection is filed.

(b)    Contents of Order. The order shall be written and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment, or upon the person, if any, in apparent charge or control of the building. The order shall specify that the building has been determined by the Chief of Inspection Services/Building Official to be an unreinforced masonry building subject to the provisions of this Article.

(c)    Objection to Order. The owner or person in charge or control of the building may object to the Chief of Inspection Services/Building Official’s initial determination that the building is within the scope of this article. Such objection shall be filed in writing with the Chief of Inspection Services/Building Official within 30 days from the service date of the order and set forth the grounds for consideration. Any such objection shall be reviewed and decided by the Chief of Inspection Services/Building Official within 60 days of receipt of the challenge.

(d)    Recordation. Once the order is final, the Chief of Inspection Services/Building Official shall file with the office of the County Recorder a certificate stating that the subject building is an unreinforced masonry building subject to provisions of Article 5, Chapter 9, Monterey City Code, Unreinforced Masonry Buildings. The certificate shall also state that the owner thereof has been ordered to analyze the structural soundness of the building or may structurally alter or demolish the building.

If the building is subsequently found not to be within the scope of this Article, or as a result of structural alterations or an analysis is found to be structurally capable of resisting minimum seismic forces required by this article; or is demolished; the Chief of Inspection Services/Building Official shall file with the office of the County Recorder a certificate terminating the status of the subject building as being classified within the scope of this Article.

(e)    Enforcement. Any person who fails to comply with the provisions of this Section shall be guilty of a misdemeanor. (Ord. 3424 § 1, 2009)

Sec. 9-65. Roofing Material.

Any new roof on a new or existing structure, and any reroofing of an existing structure of 50% or more of the total roof area within a one-year period, shall be of a fire retardant roof covering material that is Class A or equivalent as defined in Uniform Building Code, as adopted and amended by the State Building Standards Commission.

ARTICLE 6.
PENALTIES

Sec. 9-66. Penalties for violation of Uniform Code and Chapter.

Violation of any provision of this Chapter, including any adopted Uniform Code or City amendment thereto, by any person shall constitute a misdemeanor and upon conviction thereof, shall be punishable by a fine as set forth in Monterey City Code Section 1-7. In addition, any such violation may be enforced by the provisions set forth in the City’s Administrative Remedies Ordinance (MCC Sections 1-9 through 1-11). In addition to criminal and administrative remedies, each and every such violation shall also constitute a public nuisance, and as such may be enforced by abatement and injunction, or by other civil action where appropriate. Each separate day, or any portion thereof, during which a violation of this Chapter occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided. The issuance or granting of a permit or approval of plans and specifications shall not be deemed of construed to be a permit for, or approval of, any violation of any provisions of any portion of this Chapter. (Ord 3255 § 6, 1999)

ARTICLE 7 (Ord 3293; 06/2001)
FLOOD DAMAGE PREVENTION

Sec. 9-67    Statutory Authorization, Findings of Fact, Purposes and Methods

Sec. 9-68    Definitions

Sec. 9-69    General Provisions

Sec. 9-70    Administration

Sec. 9-71    Provisions for Flood Hazard Reduction

Sec. 9-72    Variance Procedure

Sec. 9-67. Statutory Authorization, Findings of Fact, Purposes and Methods.

9-67.1    STATUTORY AUTHORIZATION. The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

9-67.2    FINDINGS OF FACT.

A.    The flood hazard areas of the City of Monterey 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.

B.    These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

9-67.3    STATEMENT OF PURPOSE. It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

A.    to protect human life and health;

B.    to minimize expenditure of public money for costly flood control projects;

C.    to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

D.    to minimize prolonged business interruptions;

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

F.    to 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 flood blighted areas caused by flood damage;

G.    to insure that potential buyers are notified that property is in an area of special flood hazard; and

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

9-67.4    METHODS OF REDUCING FLOOD LOSSES. In order to accomplish its purposes, this ordinance includes methods and provisions for:

A.    restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

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

C.    controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

D.    controlling filling, grading, dredging, and other development which may increase flood damage; and,

E.    preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

Sec. 9-68. Definitions.

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

“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 the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

“Appeal” means a request for a review of the Floodplain Administrator’s interpretation of any provision of this ordinance.

“Area of shallow flooding” means a designated A0 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.

“Area of special flood hazard” - See “Special flood hazard area”.

“Area of special flood-related erosion hazard” is the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Insurance Rate Map (FIRM).

“Area of special mudslide (i.e. mudflow) hazard” is the area subject to severe mudslides (i.e., mudflows). The area is designated as Zone M on the Flood insurance Rate Map (FIRM).

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year (also called the “1 00-year flood”).

“Basement” means any area of the building having its floor subgrade (below ground level) on all sides.

“Breakaway walls” are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic, or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

(1)    breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

(2)    the elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

“Building” - see “Structure”.

“Coastal high hazard area” means the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone Vl-V30.

“Development” means any man-made 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.

“Encroachment” means the advance of 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 the effective date of the floodplain management regulations adopted by a community.

“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” or “flooding” means a general or temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of flood waters, (2) the unusual and rapid accumulation of runoff of surface waters from any source, and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

“Flood boundary and floodway map” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of 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 hazards 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 FIRM, the Flood Boundary and Floodway Map, and the water surfaces elevation of the base flood.

“Floodplain or flood-prone area” means any land area susceptible to being inundated by water from any source (see definition of “flooding”).

“Floodplain Administrator” is the individual appointed 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, including but not limited to emergency preparedness plans, flood controls works and floodplain management regulations.

“Floodplain management regulations” means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

“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.

“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”. (Note:

Monterey does not have a designated 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 Section 9-72, Variances, of this ordinance, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City of Monterey will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one-hundred 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, but 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 Section 9-72, Variances, of this ordinance means the exceptional hardship that would result from a failure to grant the requested variance. The City of Monterey 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:

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

(2)    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.

(3)    Individually listed in the California Register and Historical Resources.

(4)    Individually designated City of Monterey H-i Landmark or H-2 City Historic Resource.

“Levee” means a man-made 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).

(1)    An unfinished or flood resistant enclosure, 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 that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance, including, but not limited to:

(a)    the wet floodproofing standard in Section 9-71.1 C.3.

(b)    the anchor standards in Section 9-71.1.A.

(c)    the construction materials and methods standards in Section 9-71.1.B

(d)    the standards for utilities in Section 9-71.2.

(2)    For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see “Basement” definition). This prohibition includes below-grade garages and storage areas.

“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 connected to the required utilities. For floodplain management purposes, the term “manufactured home” also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.

“Market Value” shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

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

“Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.

“Mudslide” describes a condition where there is a river flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.

“Mudslide (i.e. mudflow) prone area” means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.

“New construction” means, for floodplain management purposes, structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by this community.

“New 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 on or after the effective date of floodplain management regulations adopted by this community.

“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” means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the “base flood”, which will be the term used throughout this ordinance.

“Person” means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state of its agencies or political subdivisions.

“Primary frontal dune” means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.

“Public safety and nuisance” as related to Section 9-72, Variances, of this ordinance means that the granting of a variance must not result in anything which is injurious to 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:

(1)    Built on a single chassis:

(2)    400 square feet or less when measured at the largest horizontal projection;

(3)    designed to be self-propelled or permanently towable by a light-duty truck; and

(4)    designed primarily for use not as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

“Regulatory 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.

“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 the ordinance or otherwise deterring future similar violations, or reducing 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.

“Sand dunes” mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.

“Special flood hazard area (SFHA)” means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AH, or Vl-V30.

“Start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of the construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start date 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 manufactured 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 as part of the main structure.

“Structure” means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as 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 repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

(1)    before the improvement or repair is started, or

(2)    if the structure has been damaged, and is being restored, before the damage occurred.

For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(1)    any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

(2)    any alterations of a structure listed on the National Register of Historical Places or a State Inventory of Historic Places.

“V-zone” see “Coastal hazard area.”

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

“Violation” means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in this ordinance 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 (or other datum, where specified) 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.

Sec. 9-69. General Provisions.

9-69.1     LANDS TO WHICH THIS ORDINANCE APPLIES. This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of Monterey.

9-69.2     BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard, identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled “Flood Insurance Study for the City of Monterey,” dated June 17, 1986, with an accompanying Flood Insurance Rate Map and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file at the City of Monterey Department of Plans and Public Works. This Flood Insurance Study is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the Planning Commission by the Floodplain Administrator.

9-69.3     COMPLIANCE. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violations of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the Planning Commission from taking such lawful action as is necessary to prevent or remedy any violation.

9-69.4     ABROGATION AND GREATER RESTRICTIONS. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

9-69.5     INTERPRETATION. In the interpretation and application of this ordinance, all provisions shall be:

A.    considered as minimum requirements;

B.    liberally construed in favor of the governing body; and,

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

9-69.6     WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this ordinance 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 man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Monterey, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result in reliance on this ordinance or any administrative decision lawfully made thereunder. (Ord. 3424 § 1, 2009)

Sec. 9-70. Administration.

9-70.1     ESTABLISHMENT OF DEVELOPMENT PERMIT. A Development Permit shall be obtained before construction or development begins within any area of special flood hazards established in Section 9-69. Application for a Development Permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to, plans prepared by a registered civil engineer in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

A.    Site plan, including but not limited to:

(1)    Proposed elevation in relation to mean sea level (by licensed surveyor) of the lowest floor (including basement) of all structures; in Zone A0 elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;

(2)    Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

(3)    For all proposed structures, spot ground elevations at building corners and 20-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site; and

(4)    Proposed locations of water supply, sanitary sewer, and utilities; and

(5)    If available, the base flood elevation from the Flood insurance Study and/or Flood Insurance Rate Map; and

(6)    If applicable, the location of the regulatory floodway; and

B.    foundation design detail, including but not limited to:

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

(2)    for a crawl-space foundation, location and total net area of foundation openings as required in Section 9-71.1.C.3 of this ordinance and FEMA Technical Bulletins 1-93 and 7-93; and

(3)    for foundations placed on fill, the location and height of fill, and compaction requirements (compacted to 95 percent using the Standard Proctor Test method); and

C.    proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 9-71.1.C.2 of this ordinance and FEMA Technical Bulletin TB 3-93; and

D.    all appropriate certification listed in Section 9-70.3.D of this ordinance; and

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

9-70.2     DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR. The Public Works Director is hereby appointed to administer and implement this ordinance by granting or denying development permits in accordance with its provisions.

9-70.3     DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN

ADMINISTRATOR. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:

A.    Permit Review. Review all development permits to determine that:

(1)    review all development permits to determine that the permit requirements of this ordinance have been satisfied;

(2)    all other required state and federal permits have been obtained;

(3)    the site is reasonably safe from flooding;

(4)    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. For purposes of this ordinance, “adversely affects” means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

B.    Use of Other Base Flood Data.

(1)    When base flood elevation data has not been provided in accordance with Section 9-69.2, the applicant shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Section 9-71. Any such information shall be submitted to the Planning Commission for adoption and the Flood Administrator shall reasonably utilize said information; or

(2)    If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication “Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations” dated July 1995 in order to administer Section 9-71:

(a)    Simplified method:

i.    100 year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers’ HEC-HMS computer program; and

ii.    base flood elevation shall be obtained using the U.S. Army Corps of Engineer’s HEC-RAS computer program.

(b)    Detailed method:

i.    100 year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers’ HEC-HMS computer program; and

ii.    base flood elevation shall be obtained using the U.S. Army Corps of Engineers’ HEC-RAS computer program.

C.    Alteration of Watercourse. Whenever a watercourse is to be altered or relocated:

(1)    Notify adjacent communities and the California Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;

(2)    Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.

D.    Information to be Obtained and Maintained. Obtain and maintain for public inspection and make available as needed:

(1)    the certification required in Section 9-71.1.C.1 and Section 9-71.4 (lowest floor elevations);

(2)    the certification required in Section 9-71.1.C.2 (elevations or floodproofing of nonresidential structures);

(3)    the certification required in Section 9-71.1.C.3 (elevation or floodproofing of nonresidential structures);

(4)    the certification required in Section 9-71.1.C.4(a) or Section 9-71.1.C.4(b) (wet floodproofing standard);

(5)    the certified elevation required in Section 9-71.3 (subdivision standards);

(6)    the information required in Section 9-71.5 (coastal construction standards).

E.    Interpretation of FIRM Boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards, areas of flood-related erosion hazards or areas of mudslide (i.e., mudflow) (for example, where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 9-72.

F.    Act to Remedy Violations. Take action to remedy violations of this ordinance as specified in Section 9-69.3 herein.

9-70.4     APPEALS. The Planning Commission of the City of Monterey 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 ordinance. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 9-71. Provisions for Flood Hazard Reduction.

9-71.1     STANDARDS OF CONSTRUCTION. In all areas of special flood hazards the following standards are required:

A.    Anchoring.

(1)    All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(2)    All manufactured homes shall meet the anchoring standards of Section 9-71.4.

B.    Construction Materials and Methods.

(1)    All new construction and substantial improvements shall be constructed with flood resistant materials as specified in FEMA Technical Bulletin TB2-93, and utility equipment resistant to flood damage.

(2)    All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(3)    All new construction and substantial improvements shall be constructed 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.

(4)    Require within Flood Hazard Zones AH or AO adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

C.    Elevation and Floodproofing see Section 9-69 definitions for “basement”, “lowest floor”, “new construction”, “substantial damage”, and “substantial improvement”.

(1)    All new construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in Section 9-71.1.C(3). Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered and professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.

(2)    New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in Section 9-71.1.C(3). Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.

(3)    Nonresidential, new or substantial improvements shall either be elevated in conformance with Section 9-71.1.C(1) or (2) or together with attendant utility and sanitary facilities:

(a)    be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

(b)    have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,

(c)    be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator.

(4)    All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TBI-93 and TB 7-93, and must exceed the following minimum criteria:

(a)    Have a minimum of two openings having a total net area of net less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of aH openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or

(b)    be certified by a registered professional engineer or architect.

(5)    Manufactured homes shall also meet the standards in Section 9-71.4.

9-71.2    STANDARDS FOR UTILITIES.

A.    All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

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

9-71.3    STANDARDS FOR SUBDIVISIONS.

A.    All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

B.    All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the lowest floor and pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.

C.    All subdivision proposals shall be consistent with the need to minimize flood damage;

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

E.    All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

9-71.4    STANDARDS FOR MANUFACTURED HOMES.

A.    All manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community’s Flood Insurance Rate Map on sites located:

(1)    outside of a manufactured home park or subdivision;

(2)    in a new manufactured home park or subdivision;

(3)    in an expansion to an existing manufactured homepark or subdivision; or

(4)    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 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.

B.    All manufactured homes that are placed or substantially improved on sites located with Zones V1-30, V, and VE on the community’s Flood Insurance Rate map will meet the requirements of Section 9-71.4.A and Section 9-71.5.

C.    All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE, V1-30, V and VE on the community’s Flood insurance Rate Map that are not subject to the provisions of paragraph 9-71.4.A will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and elevated so that the lowest floor of the manufactured home is at or above the base flood elevation (the State of California recommends at least two feet above the base flood elevation) and be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.

D.    Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

9-71.4.1    STANDARDS FOR RECREATIONAL VEHICLES

A.    All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community’s Flood Insurance Rate Map will either:

(1)    be on the site for fewer than 180 consecutive days, and 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

(2)    meet the permit requirements of Section 9-70 of this ordinance and the elevation and anchoring requirements for manufactured homes in Section 9-71.4.A.

B.    Recreational vehicles placed on sites within Zones V1-30, V. and VE on the community’s Flood Insurance Rate Map will meet the requirements of Section 9-71.4.1 A and Section 9-71.5.

Sec. 9-71.5    Coastal High Hazard Areas. Within coastal high hazard areas established in Section 9-69.2, the following standards shall apply:

A.    All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood elevation.

B.    All new construction shall be located on the landward side of the reach of mean high tide.

C.    All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls. Such temporarily enclosed space shall not be used for human habitation and will be useable solely for parking of vehicles, building access or storage.

D.    Fill shall not be used for structural support of buildings.

E.    Man-made alteration of sand dunes which would increase potential flood damage is prohibited.

F.    The Floodplain Administrator shall obtain and maintain the following records:

(1)    Certification by a registered engineer or architect that a proposed structure complies with Section 9-71.5.A.

(2)    The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.

Sec. 9-72. Variance Procedure.

9-72.1    NATURE OF VARIANCES. The variance criteria set forth in this section of the ordinance 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 ordinance 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 City of Monterey 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 ordinance 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.

9-72.2    APPEAL BOARD

9-72.2.1    The Planning Commission of the City of Monterey shall hear and decide appeals and requests for variances from the requirements of this ordinance.

9-72.2.2    The Planning Commission 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 ordinance.

9-72.2.3    In passing upon such applications, the Planning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and:

(1)    the danger that materials may be swept onto other lands to the injury of others;

(2)    the danger to life and property due to flooding or erosion damage;

(3)    the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)    the importance of the services provided by the proposed facility to the community;

(5)    the necessity to the facility of a waterfront location, where applicable;

(6)    the availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage;

(7)    the compatibility of the proposed use with existing and anticipated development;

(8)    the relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9)    the safety of access to the property in times of flood for ordinary and emergency vehicles;

(10)    the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action where if applicable expected at the site; and,

(11)    the costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer: gas, electrical, and water system, and streets and bridges.

9-72.2.4.    Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

(1)    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 for $100 of insurance coverage, and

(2)    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 Monterey County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

9-72.2.5.    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 Insurance Administration, Federal Emergency Management Agency.

9-72.2.6.    Generally, variances may be issued for new construction and substantial improvements 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 items Section 9-72.2.3(1) through Section 9-72.2.3(11) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

9-72.2.7.    Upon consideration of the factors in Section 9-72.2.3 and the purpose of this ordinance, the Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

9-72.2.8.    The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

9-72.3    CONDITIONS FOR VARIANCES.

A.    Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historical Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

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

C.    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 ordinance. For example, in the case of variances to an elevation requirement, this means the 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 Planning Commission believes will both provide relief and preserve the integrity of the local ordinance.

D.    Variances shall only be issued upon:

(1)    a showing of good and sufficient cause;

(2)    a determination that failure to grant the variance would result in exceptional hardship to the applicant; and,

(3)    a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

E.    Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of Section 9-72.2.1 through Section 9-72.2.3 are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

F.    Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the Floodplain Board in the office of the Monterey County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

G.    Upon consideration of the factors of Section 9-72.2.3 and the purposes of this ordinance, the City of Monterey may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.”

ARTICLE 8. (Ord 3384; 02/07)
DIGGING AND EXCAVATION ON THE FORMER FORT ORD

Sec. 9-73 Purpose and intent.

The United States Army (Army) is in the process of transferring various parcels of the former Fort Ord military installation (Fort Ord) to the City or to other entities within the City’s land use jurisdiction. Some parcels of the former Fort Ord were contaminated with unexploded ordnance and explosives (UXO), which is a hazardous waste. The Army will not transfer those parcels until it has completed response actions for UXO as required by law. Even following the Army’s completion of UXO response actions, it is possible that some UXO materials may remain on those parcels. The California Environmental Protection Agency, Department of Toxic Substances Control (DTSC) has statutory responsibility to oversee cleanup of releases of hazardous substances, which includes hazardous waste. DTSC cannot certify that all UXO has been cleared and has considered requiring land use restrictions that will be recorded with the Monterey County recorder. The City believes that recorded land use restrictions would burden the title of those parcels and present economic disincentives to develop them. The City and DTSC desire that sufficient controls and restrictions be placed on these parcels to protect the public health, safety and in a manner equivalent to that resulting from recordation of land use restrictions.

Sec. 9-74 General.

The City Council finds and determines that those properties formerly included within the Fort Ord military installation which are suspected of containing UXO require special standards and procedures for digging and excavation in addition to those contained in the building code, to ensure that:

(a)    Neither digging or excavation nor development of such properties occurs until ordnance or explosive remediation thereon is completed;

(b)    Potential purchasers or developers of UXO sites and those persons whose work at UXO sites includes disturbing soil, are aware of the potential that UXO may be located on these properties and are aware of the requirements for UXO remediation prior to any digging, excavation or ground disturbance thereon; and

(c)    DTSC should be continuously involved in the establishment of controls for those properties because it has statutory oversight responsibility with respect to hazardous substance response actions.

Sec. 9-75. Designation and applicability.

(a)    The City Council shall by resolution, and with the concurrence of DTSC, designate all real property within the City’s land use jurisdiction which was formerly part of Fort Ord and which have been identified in the Revised Archives Search Report, Former Fort Ord, dated 1997, or are otherwise identified, as the possible location of unexploded ordnance or explosives as an ordnance remediation district. All such districts shall be depicted on a grading district map by an “ORD” suffix to indicate the existence of ordnance remediation obligations on such property and, upon receipt of notification by the Army of specific requirements or restrictions on such districts, a notation thereof. The City shall notify DTSC of any change in the permitted land uses in any district within thirty days after it adopts any change.

(b)    The regulations in this chapter shall apply in all “ORD” districts and shall be in addition and subject to all provisions of the municipal code and the building code.

Sec. 9-76 Excavation and digging restrictions.

It is unlawful for any person, including utilities, to engage in any of the following activities on any property located within a district unless that person is acting pursuant to a valid permit issued pursuant to this chapter: excavation, digging, development or ground disturbance of any type:

(a)    involving the displacement of ten cubic feet or more of soil; or

(b)    in violation of requirements or restrictions placed on such property by the Army and as noted on the grading district map.

Sec. 9-77. Permit requirements.

An owner or user of real property located within a district who desires to conduct the activities described in Section 9-76 shall apply to the Public Works Director for a permit. The application shall be on a form approved by the City, shall be signed by the permit applicant, and shall contain the following information:

(a)    A description of any previous UXO excavation or removal activity conducted on the property whose soil is proposed to be excavated, moved or graded;

(b)    A description of the property whose soil is proposed to be excavated, moved or graded. The description shall include a drawing with dimensions to a scale which sets forth the size and details of all proposed excavation activity, including any proposed cut and fill, trenching, well drilling, mineral excavation, post hole drilling, or other activity of any sort whenever the applicant proposes to (1) disturb ten cubic feet or more of soil; or (2) disturb soil in a manner inconsistent with restrictions placed on the property by the Army and as noted on the grading district map;

(c)    A statement that the person submitting the application acknowledges liability for removing all detected unexploded ordnance and explosives in accordance with this chapter and the permit;

(d)    A statement by the person submitting the application that s/he has, within the preceding twelve months, delivered a copy of the notice to everyone whose work at the property described in subsection b above includes disturbing soil;

(e)    Any other information which the Public Works Director may require as pertinent to the determination of the adequacy of the proposed plan;

(f)    Payment of the permit fee, as established by the City Council, at the time of filing the application for the permit. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 9-78. Permit procedure.

The Public Works Director shall review the permit application and shall approve the permit unless evidence is available which indicates that the proposed grading or excavation will create an undue risk to the health and safety of the public at large. Prior to acting on any such application, the Public Works Director, in his/her sole discretion, may set and conduct a public hearing for the purpose of receiving comments on the proposed grading and excavation. Except as otherwise indicated in Section 9-80, any permit issued hereunder shall be subject to the following conditions:

(a)    All excavation and grading shall be performed solely in accordance with the permit approved by the City and in accordance with the permit as issued by the City.

(b)    Prior to movement of any soil on any property located within a district, the permittee or designee shall personally deliver to each person who intends to work on the property described in the permit the notice and safety plan which is attached hereto as Exhibit A, and explain to each such person the information set forth in that notice.

(c)    The permittee may not move or disturb soil in a manner inconsistent with restrictions placed on the property by the Army and as noted on the grading district map unless there is a Department of Defense certified, or equivalent, explosive ordnance disposal technician acceptable to the Public Works Director who is on site and visually supervises any such activity. Any excavation or soil disturbance inconsistent with restrictions placed on the property by the Army may be accomplished only after investigation using sweep lanes no wider than five feet throughout the excavation area and after using detection devices and visual identification to locate, identify and remove any unexploded ordnance discovered during such excavation activity.

(d)    The permittee shall cease soil disturbance activities and shall notify the Army and DTSC of any suspected unexploded ordnance discovered during any excavation or soil removal immediately upon discovery. The permittee shall coordinate appropriate response actions with the Army and DTSC.

(e)    No later than thirty days following the completion of the permitted soil disturbance activity, the permittee shall prepare and file with the Public Works Director, the Army and DTSC an after action report that shall state whether and where UXO was detected and the extent and depth of UXO response actions undertaken and completed on the property that is the subject of the permit. The after action report shall include site maps to illustrate the information contained in the report. All after action reports prepared and filed in accordance with this chapter shall be deemed public records.

(f)    The permittee agrees as a condition of issuance of a permit to defend at its sole expense, indemnify and hold harmless from any liability the City, and reimburse the City for any expenses incurred resulting from or in connection with the approval of the project including any claim, suit or legal proceeding. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve the permittee of its obligations under this subsection. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 9-79. Term of permit.

The permit shall be valid for one year from the date it is issued.

Sec. 9-80. Exceptions to permit conditions.

Following consultation with and approval by DTSC, the City Council may, upon a finding that the requirements of Section 9-78(c) are no longer necessary, designate by resolution any district as a limited control district. The holder of any permit issued for any limited control district shall not be subject to section 9-78(c).

Sec. 9-81. Performance bond.

Upon a finding by the Public Works Director that a permit should issue for excavation or grading on the proposed site, a surety bond, lien or other security guarantee conditioned upon the faithful performance and completion of the permitted excavation activity shall be filed with the City. Such surety shall be executed in favor of the City and shall be maintained in an amount prescribed by the Public Works Director sufficient to ensure the completion of the ordnance remediation and excavation of the site as prescribed in the approved permit. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 9-82. Amendment to permits.

Request for amendments to an approved excavation permit may be submitted to the Public Works Director at any time, detailing proposed changes from the original permit. Deviations from the original permit shall not be undertaken until such amendment has been approved by the City in writing. Amendments to an approved permit shall be approved by the same procedure as prescribed for the approval of the original excavation permit. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 9-83. Appeals.

Any person aggrieved by any determination of the Public Works Director in exercise of the authority granted in this chapter shall have the right to appeal to the City Council. Any appeal setting forth the contested decision and the reasons for contesting same must be filed within ten working days after the posting of the Public Works Director’s decision at the three places designated by the City Council. The City council shall render its decision within sixty days following the filing of the notice of appeal. The council may affirm, reverse or modify the decision of the Public Works Director. The Council action shall be final upon issuance of its decision. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 9-84. Notification to property owners and other land users.

(a)    To the extent that the Army identifies those persons to whom it has conveyed property that is designated ordnance remediation districts, the City will notify those persons and those utilities known to be providing service within the City, of the requirements of this chapter and provide those persons with a notice and safety plan (“Notice and Safety Plan”), which shall be adopted by the City. The City shall annually notify the owners of such property as shown on the equalized tax rolls of the requirements of this chapter and provide those persons with a copy of the notice. Failure of any owner, occupant or user of such land to receive such notification shall not relieve that person from responsibility for compliance with this chapter.

(b)    All owners, occupants or users of land subject to this chapter, including utilities, shall notify any subsequent owners, assigns, lessees or users of such land of the requirements of this chapter. Notification shall be made prior to transfer of the property in question.

(c)    All persons identified in subsection (a) above shall deliver, at least annually, a copy of the Notice and Safety Plan to everyone whose work at UXO sites includes disturbing soil and shall explain the contents thereof to those persons.

Sec. 9-85. Revision of chapter

This chapter shall not be revised without prior written notice to the DTSC and subject to the terms and conditions of the DTSC in their agreement with the City.”

ARTICLE 9.
SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS (Ord. 3520, 8/15)

Sec. 9-86. Definitions.

(a)    A “solar energy system” means either of the following:

(i)    Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

(ii)    Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

(b)    A “small residential rooftop solar energy system” means all of the following:

(i)    A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.

(ii)    A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City of Monterey and all state and City health and safety standards.

(iii)    A solar energy system that is installed on a single or duplex family dwelling.

(iv)    A solar panel or module array that does not exceed the maximum legal building height as defined by the City.

(c)    “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(d)    “Reasonable restrictions” on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

(e)    “Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance” means:

(i)    For water heater systems or solar swimming pool heating systems: an amount not exceeding 10 percent of the cost of the system, but in no case more than $1,000, or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as originally specified and proposed.

(ii)    For photovoltaic systems: an amount not to exceed $1,000 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent as originally specified and proposed. (Ord. 3520 § 2, 2015)

Sec. 9-87. Purpose.

The purpose of this article is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This article encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install solar energy systems. This article allows the City to achieve these goals while protecting the public health and safety. (Ord. 3520 § 2, 2015)

Sec. 9-88. Applicability.

(a)    This article applies to the permitting of all small residential rooftop solar energy systems in the City.

(b)    Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in this article are not subject to the requirements of this article unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

(c)    A use permit and/or architectural review may be required for properties on the City’s list of historic resources as deemed necessary by the Chief of Planning, Engineering, and Environmental Compliance. (Ord. 3520 § 2, 2015)

Sec. 9-89. Solar energy system requirements.

(a)    All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the City.

(b)    Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

(c)    Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, the rules of the Public Utilities Commission regarding safety and reliability. (Ord. 3520 § 2, 2015)

Sec. 9-90. Applications and documents.

(a)    All documents required for the submission of an expedited solar energy system application shall be made available on the City’s public website.

(b)    Electronic submittal of the required permit application and documents by email, facsimile, or other means authorized by the City’s Chief Building Official shall be made available to all small residential rooftop solar energy system permit applicants.

(c)    An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

(d)    The City’s Permits and Inspections Office shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. (Ord. 3520 § 2, 2015)

Sec. 9-91. Permit review and inspection procedures.

(a)    The City’s Permits and Inspections Office shall implement an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy. The Permits and Inspections Office shall review the submitted plan and have a building permit or other nondiscretionary permit ready to be issued within three business days of receipt of a complete application that meets the requirements of the approved checklist and standard plan. The Chief Building Official, or the Official’s designee, may require an applicant to apply for a use permit if the Official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the City’s Planning Commission.

(b)    Review of the application shall be limited to the Official’s review of whether the application meets local, state, and federal health and safety requirements.

(c)    If a use permit is required, the Zoning Administrator may deny an application for the use permit if the official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the City’s Planning Commission.

(d)    Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(e)    A “feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

(f)    The City shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.

(g)    If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

(h)    Only one inspection shall be required and performed by the Permits and Inspections Office for small residential rooftop solar energy systems eligible for expedited review. A separate fire inspection may be performed.

(i)    Any inspection shall be done in a timely manner and, as much as feasible, shall include consolidated inspections.

(j)    If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized, but need not conform to the requirements of this article. (Ord. 3520 § 2, 2015)