289 ORDINANCE NO. 289
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF GRAND TERRACE, CALIFORNIA, PURSUANT
TO SECTION 36937 OF THE CALIFORNIA GOVERNMENT
CODE BY ADDING A NEW CHAPTER TO TITLE 15
BUILDINGS AND CONSTRUCTION OF THE GRAND
TERRACE MUNICIPAL CODE FOR THE IMMEDIATE
PRESERVATION OF THE PUBLIC PEACE, HEALTH AND
SAFETY
WHEREAS, the City of Grand Terrace ("City") has adopted a General Plan, including
Land Use and Public Health and Safety Elements; and
WHEREAS, the public health, safety and welfare is fully articulated in the City's General
Plan; and
WHEREAS, Government Code Section 36937 provides for the adoption of an urgency
ordinance for certain expressed purposes and by a vote of four-fifths (4/5) majority of the voting
City Council members.
WHEREAS,this urgency ordinance is based on the following facts:
{ _ } 1. The City of Grand Terrace has the authority, under its police power, to enact
regulations for the public peace, morals, and welfare of the City; and
2. Certain areas of the City of Grand Terrace are subject to periodic flooding or
flood-related erosion causing serious damages to properties within these areas;
and
3. In order for its citizens to be allowed flood insurance through the National
Flood Insurance Program (NFIP), the City is required to join the National Flood
Insurance Program and to obtain an NFIP Community Number; and
4. There are predictions of a significant El Nino event this winter season which
makes it imperative for Grand Terrace residents to have the ability to purchase
flood insurance through the NFIP.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
DOES HEREBY ORDAIN AND ADOPT BY AT LEAST A FOUR-FIFTHS VOTE THIS
URGENCY ORDINANCE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION
36937 AS FOLLOWS:
ORDINANCE NO. 289 PAGE 1 OF 26 JANUARY 12, 2016
t '
SECTION 1. Title 15 of the Grand Terrace Municipal Code is amended by adding a new
Chapter 15.62 to read as follows:
"Chapter 15.62—Floodplain Management
15.62.010 Statutory authorization.
15.62.020 Findings of fact.
15.62.030 Purpose.
15.62.040 Methods of reducing flood losses.
15.62.050 Definitions.
15.62.060 Lands to which this Chapter applies.
15.62.070 Basis for establishing the areas of special flood hazard.
15.62.080 Compliance.
15.62.090 Abrogation and greater restrictions.
15.62.100 Interpretation.
15.62.110 Warning and disclaimer of liability.
15.62.120 Severability.
15.62.130 Designation of the Floodplain Administrator.
15.62.140 Duties of the Floodplain Administrator.
15.62.150 Development.
15.62.160 Appeals.
15.62.170 Standards of construction.
15.62.180 Standards for utilities. -
15.62.190 Standards for subdivisions and other proposed development.
15.62.200 Standards for manufactured homes.
15.62.210 Standards for recreational vehicles.
15.62.220 Floodways.
15.62.230 Nature of variances.
15.62.240 Conditions of variances.
15.62.250 Appeal board.
Section 15.62.010 Statutory authorization.
The. Legislature of the State of California has in Government Code Sections 65302,
65560, and 65800 conferred upon local government the authority to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry. Therefore, the City
Council of the City of Grand Terrace, County of San Bernardino, does hereby adopt the
following floodplain management regulations.
Section 15.62.020 Finding of fact.
A. The flood hazard areas of the City of Grand Terrace, County of San Bernardino, 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
ORDINANCE NO. 289 PAGE 2 OF 26 JANUARY 12, 2016
j adversely affect the public health, safety, and general welfare.
B. These flood losses are caused by uses that are inadequately elevated, floodproofed, or
protected from flood damage. The cumulative effect of obstructions in areas of special
flood hazards which increase flood heights and velocities also contribute to the flood loss.
Section 15.62.030 Purpose.
It is the purpose of this Chapter to promote the public health, safety, and general welfare,
and to minimize public and private losses due to flood conditions in specific areas by legally
enforceable regulations applied uniformly throughout the community to all publicly and privately
owned land within floodprone, mudslide [i.e. mudflow] or flood related erosion areas. These
regulations are designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas mains; electric,
telephone and sewer lines; and streets and bridges located in areas of special flood
hazard;
F. Help maintain a stable tax base by providing for the sound use and development of areas
of special flood hazard so as to minimize future blighted areas caused by flood damage;
G. Ensure that potential buyers are notified that property is in an area of special flood
hazard; and
H. Ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions. '
Section 15.62.040 Methods of reducing flood losses.
In order to accomplish its purposes,this Chapter includes regulations to:
A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water
or erosion hazards, or which result in damaging increases in erosion or flood heights or
velocities;
B. Require that uses vulnerable to floods, including facilities which serve such uses, be
ORDINANCE NO. 289 PAGE 3 OF 26 _ JANUARY 12, 2616
protected against flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural protective
barriers,which help accommodate or channel flood waters;
D. Control filling, grading, dredging, and other development which may increase flood
damage; and
E. Prevent or regulate the construction of flood barriers which will unnaturally divert flood
waters or which may increase flood hazards in other areas.
Section 15.62.050 Definitions.
Unless specifically defined below, words or phrases used in this Chapter shall be
interpreted so as to give them the meaning they have in common usage and to give this Chapter
it's most reasonable application.
"A zone" - see "Special flood hazard area."
"Accessory structure"means a structure that is either:
A. Solely for the parking of no more than 2 cars; or
B. A small, low cost shed for limited storage, less than 150 square feet and $1,500 in value. -
"Accessory use" means a use which is incidental and subordinate to the principal use of the
parcel of land on which it is located.
"Alluvial fan" means a geomorphologic feature characterized by a cone or fan shaped deposit of
boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by
flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high
velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
"Apex" means the point on an alluvial fan or similar landform below which the flow path of the
major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
"Appeal" means a request for a review of the Floodplain Administrator's interpretation of any
provision of this Chapter.
"Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate
Map (FIRM). The base flood depths range from 1 to 3 feet; a clearly defined channel does not
exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow.
"Area of Special Flood Hazard" - See "Special flood hazard area."
"Base flood" means a flood which has a one percent chance of being equaled or exceeded in any _ 1
ORDINANCE NO. 289 PAGE 4 OF 26 JANUARY 12, 2016
given year (also called the "100-year flood"). Base flood is the term used throughout this
Chapter.
"Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate Map for
Zones AE, AH, and Al-30, that indicates the water surface elevation resulting from a flood that
has a 1-percent or greater chance of being equaled or exceeded in any given year.
"Basement" means any area of the building having its floor subgrade, i.e., below ground level -
on all sides.
"Building" -means "Structure".
"City" means City of Grand Terrace.
"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 or storage of equipment or materials.
"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation,
buildings, permanent structures or development into a floodplain which may impede or alter the
flow capacity of a floodplain.
"Existing manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
before the effective date of the floodplain management regulations adopted by the City.
"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).
FEMA" means the Federal Emergency Management Agency.
"Flood, flooding, or flood water" means:
A. A general and temporary condition of partial or complete inundation of normally dry land
areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or
runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and
B. The condition resulting from flood related erosion.
"Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the floodway.
ORDINANCE NO. 289 PAGE 5 OF 26 JANUARY 12,2016
"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 Flood Insurance Rate Map, the Flood Boundary
and Floodway Map, and the water surface elevation of the base flood.
"Floodplain or floodprone area" means any land area susceptible to being inundated by water
from any source - see "Flooding."
"Floodplain Administrator" means the City's official designated by title by the City Council to
administer and enforce the floodplain management regulations by the City Council.
"Floodplain management" means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where possible,
natural resources in the floodplain, including but not limited to emergency preparedness plans,
flood control works, floodplain management regulations, and open space plans.
"Floodplain management regulations" means this Chapter and other zoning codes, Ordinances,
Chapters, subdivision regulations, building codes, health regulations, special purpose Chapters
(such as grading and erosion control) and other application of police power which control
development in floodprone areas. This term describes federal, State or local regulations in any
combination thereof which provide standards for preventing and reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures, and their contents. For guidelines on dry and
wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than 1 foot. Also referred to as "Regulatory Floodway."
"Floodway fringe" means that area of the floodplain on either side of the "Regulatory Floodway"
where encroachment may be permitted.
"Fraud and victimization" as related to Sections 15.62.230 through 15.62.250 of this Chapter,
means that the variance granted must not cause fraud on or victimization of the public. In
examining this requirement, of the City Council will consider the fact that every newly
constructed building adds to government responsibilities and remains a part of the community for
50 to 100-years. Buildings that are permitted to be constructed below the base flood elevation
are subject during all those years to increased risk of damage from floods, while future owners of
the property and the community as a whole are subject to all the costs, inconvenience, danger,
and suffering that those increased flood damages bring. In addition, future owners may purchase
ORDINANCE NO. 289 PAGE 6 OF 26 JANUARY 12, 2016
the property, unaware that it is subject to potential flood damage, and can be insured only at very
i
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 of water. The term includes only docking facilities and
port facilities that are necessary for the loading and unloading of cargo or passengers, and ship
building and ship repair facilities, and does not include long term storage or related
manufacturing facilities.
"Governing body" means the City Council of the City of Grand Terrace is empowered to adopt
and implement regulations to provide for the public health, safety and general welfare of its
citizenry.
"Hardship" as related to Sections 15.62.230 through 15.62.250 of this Chapter relating to
variances means the exceptional hardship that would result from a failure to grant the requested
variance. The City of Grand Terrace's Planning Commission 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:
A. 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;
B. 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;
C. Individually listed on a State inventory of historic places in States with historic
preservation programs which have been approved by the Secretary of Interior; or
D. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either by an approved State program as
determined by the Secretary of the Interior or directly by the Secretary of the Interior in
States with approved programs.
"Levee" means a manmade structure, usually an earthen embankment, designed and constructed
in accordance with sound engineering practices to contain, control or divert the flow of water so
ORDINANCE NO. 289 PAGE 7 OF 26 JANUARY 12, 2016
as to provide protection from temporary flooding.
"Levee system" means a flood protection system which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and operated
in accord with sound engineering practices.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see
"Basement."
A. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for
parking of vehicles, building access or storage in an area other than a basement area, is
not considered a building's lowest floor provided it conforms to applicable non-elevation
design requirements, including, but not limited to:
1. The flood openings standards in Subsection 15.62.170.C.3;
2. The anchoring standards in Subsection 15.62.170.A;
3. The construction materials and methods standards in Subsection 15.62.170.B; and
4. The standards for utilities in Section 15.62.180.
1
ORDINANCE NO. 289 PAGE 8 OF 26 JANUARY 12, 2016
B. For residential structures, all subgrade enclosed areas are prohibited as they are
considered to be basements (see "Basement"). This prohibition includes below-grade
garages and storage areas.
"Manufactured home" means a structure, transportable in one or more sections, which is built on
a permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include a "recreational
vehicle".
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
"Market value" is defined in the City of Grand Terrace substantial damage and improvement
procedures. See Subsection 15.62.140.B.1.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988,
or other datum, to which base flood elevations shown on a community's Flood Insurance Rate
Map are referenced.
"Mudslide" (i.e., mudflow) 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 prone area"(changed to Bold Face) means an area with land surfaces and slopes of
unconsolidated material where the history, geology, and climate indicate a potential for
mudflow.
"New construction", for floodplain management purposes, means structures for which the "start
of construction" commenced on or after the effective date of this Chapter, and includes any
subsequent improvements to such structures.
"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 of the
effective date of this Chapter.
"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.
ORDINANCE NO. 289 PAGE 9 OF 26 JANUARY 12, 2016
"One-hundred-year flood" or "100-year flood." See 'Base flood."
r �
"Program deficiency" means a defect in a community's floodplain management regulations or
administrative procedures that impairs effective implementation of those floodplain management
regulations.
"Public safety and nuisance" as related to Sections 15.62.230 through 15.62.250 of this Chapter
relating to variances 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:
A. Built on a single chassis;
B. 400 square feet or less when measured at the largest horizontal projection;
C. Designed to be self propelled or permanently towable by a light duty truck; and
D. Designed primarily not for use 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 1 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
Chapter or otherwise deterring future similar violations, or reducing State or federal financial
exposure with regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
"Sheet flow area" - see "Area of shallow flooding."
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a 1 percent or
greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO,
Al-A30,AE,A99, or, AH.
"Start of construction" includes substantial improvement and other proposed new development
and means the date the building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 r"
days from the date of the permit. The actual commencement of construction means either the
ORDINANCE NO. 289 PAGE 10 OF 26 JANUARY 12, 2016
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. Start of construction does
not include land preparation, such as clearing, grading, and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not occupied as dwelling units or
not part of the main structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this includes a
gas or liquid storage tank or a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of
restoring the structure to it's before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed
new development of a structure, the cost of which equals or exceeds 50 percent of the market
value of the structure before the "start of construction" of the improvement. This term includes
structures which have incurred "substantial damage," regardless of the actual repair work
performed. The term does not, however, include either:
A. Any project for improvement of a structure to correct existing violations or State or local
health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living
conditions; or
B. Any alteration of a "historic structure," provided that the alteration will not preclude the
structure's continued designation as an "historic structure."
"Variance" means a grant of relief from the requirements of this Chapter which permits
construction in a manner that would otherwise be prohibited by this Chapter.
"Violation" means the failure of a structure, improvement or other development to comply fully
with the provisions of this Chapter. A structure, improvement or other development without an
elevation certificate, other certifications, or other evidence of compliance required in this Chapter
is presumed to be in violation until such time as the owner thereof provides such documentation.
"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum
(NGVD) of 1929, North American Vertical Datum(NAVD) of 1988, or other datum, of floods of
various magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic
feature on or over which waters flow at least periodically. Watercourse includes specifically
_ designated areas in which substantial flood damage may occur.
ORDINANCE NO. 289 PAGE 11 OF 26 JANUARY 12, 2016
Section 15.62.060 Lands to which this Chapter applies.
This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the
City.
Section 15.62.070 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency Management
Agency (FEMA) in the "Flood Insurance Study (FIS) for San Bernardino County (Study number
06071 CV001 C, Volumes 1-4) dated February 8, 2015, with accompanying Flood Insurance
Rate Maps (FIRM's) and Flood Boundary and Floodway Maps (FBFM's), August 28, 2008, and
all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be
a part of this Chapter. This FIS and attendant mapping is the minimum area of applicability of
this Chapter and may be supplemented by studies for other areas which allow implementation of
this Chapter and which are recommended to the City Council by the Floodplain Administrator.
The study, FIRM's and FBFM's are on file with the Department of Community Development at
22795 Barton Road, Grand Terrace, CA 92313.
Section 15.62.080 Compliance.
No structure or land shall hereafter be altered, constructed, converted, developed, extended,
located, or used without full compliance with the terms of this Chapter and other applicable
regulations. Violation of the requirements imposed by this Chapter, and any condition
imposed by the City Council or Floodplain Administrator which have become final shall
constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful
action as is necessary to prevent or remedy any violation hereof.
Section 15.62.090 Abrogation and greater restrictions.
This Chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this Chapter and another Chapter, easement,
covenant, or deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
Section 15.62.100 Interpretation.
A. In the interpretation and application of this Chapter, all provisions shall be:
B. Considered as minimum requirements;
C. Liberally construed in favor of the governing body; and
D. Deemed neither to limit nor repeal any other powers granted under State statutes.
Section 15.62.110 Warning and disclaimer of liability.
The degree of flood protection required by this Chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will occur
ORDINANCE NO. 289 PAGE 12 OF 26 JANUARY 12, 2016
on rare occasions. Flood heights may be increased by manmade or natural causes. This Chapter does
not imply that land outside the areas of special flood hazards or uses permitted within such areas will
be free from flooding or flood damages. This Chapter shall not create liability on the part of the City,
any officer or employee thereof, the State of California, or the Federal Emergency Management
Agency,for any flood damages that result from reliance on this Chapter or any administrative decision
lawfully made hereunder.
Section 15.62.120 Severability.
This Chapter and the various parts thereof are hereby declared to be severable. Should any
section of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the Chapter as a whole, or any portion thereof other than the section so
declared to be unconstitutional or invalid.
Section 15.62.130 Designation of the Floodplain Administrator.
The City Manager of the City of Grand Terrace is hereby designated the Floodplain
Administrator to administer, implement, and enforce this Chapter by granting or denying
development permits in accordance with provisions herein.
Section 15.62.140 Duties of the Floodplain Administrator.
The duties and responsibilities of the Floodplain Administrator or their designee, shall
include, but not be limited to the following:
A. Permit Review.
Review all development permits to determine:
1. Permit requirements of this Chapter have been satisfied, including determination
of substantial improvement and substantial damage of existing structures;
2. All other required State and federal permits have been obtained;
3. The site is reasonably safe from flooding;
4. The proposed construction, development or encroachment that does not adversely
affect the carrying capacity of areas where base flood elevations have been
determined but a floodway has not been designated. This means that the
cumulative effect of the proposed development when combined with all other
existing and anticipated development will not increase the water surface elevation
of the base flood more than 1 foot at any point within the City; and
5. All Letters of Map Revision (LOMR's) for flood control projects are approved
>' prior to the issuance of building permits. Building permits must not be issued
based on Conditional Letters of Map Revision(CLOMR's). Approved CLOMR's
ORDINANCE NO. 289 PAGE 13 OF 26 JANUARY 12, 2016
allow construction of the proposed flood control project and land preparation as
specified in the"start of construction" definition.
B. Development of substantial improvement and substantial damage procedures.
1. Using FEMA publication FEMA 213, "Answers to Questions About
Substantially Damaged Buildings," or FEMA 758 "Substantial
Improvement/Substantial Damage Desk Reference (2010)," develop detailed
procedures for identifying and administering requirements for substantial
improvement and substantial damage,to include defining"market value."
2. Assure procedures are coordinated with other departments/divisions and
implemented by community staff.
C. Review, use and development of other base flood data.
When base flood elevation data has not been provided in accordance with Section
15.62.070, the Floodplain Administrator shall obtain, review, and reasonably utilize any base
flood elevation and floodway data available from a federal or State agency, or other source, in
order to administer Sections 15.62.170 through 15.62.220.
NOTE: A base flood elevation may be obtained using one of two methods from the FEMA ;
publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas—A
Guide for Obtaining and Developing Base (100-year) Flood Elevations"dated July 1995.
D. Notification of other agencies.
1. Alteration or relocation of a watercourse:
a. Notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation;
b. Submit evidence of such notification to the Federal Emergency Management
Agency; and
c. Assure that the flood carrying capacity within the altered or relocated portion
of said watercourse is maintained.
2. Base flood elevation changes due to physical alterations:
a. Within six months of information becoming available or project completion,
whichever comes first, the Floodplain Administrator shall submit or assure
that the permit applicant submits technical or scientific data to FEMA for a
Letter of Map Revision(LOMR). ,-
ORDINANCE NO. 289 PAGE 14 OF 26 JANUARY 12, 2016
b. All LOMR's for flood control projects are approved prior to the issuance of
building permits. Building permits must not be issued based on Conditional
Letters of Map Revision (CLOMR's). Approved CLOMR's allow
construction of the proposed flood control project and land preparation as
specified in the"start of construction"definition.
Such submissions are necessary so that upon confirmation of those physical
changes affecting flooding conditions, risk premium rates and floodplain
management requirements are based on current data.
3. Changes in corporate boundaries:
a. Notify FEMA in writing whenever the corporate boundaries have been
modified by annexation or other means and include a copy of a map of the
community clearly delineating the new corporate limits.
E. Documentation of floodplain development.
— Obtain and maintain for public inspection and make available as needed the following:
1. Certification required by Subsection 15.62.170.C.1 and Section 15.62.200 (lowest
floor elevations);
2. Certification required by Subsection 15.62.170.C.2 (elevation or floodproofing of
nonresidential structures);
3. Certification required by Subsections 15.62.170.C.3 (flood openings/wet
floodproofing standard);
4. Certification of elevation required by Subsection 15.62.190.A.3 (subdivisions and
other proposed development standards);
5. Certification required by Subsection 15.62.220.B (floodway encroachments); and
6. Maintain a record of all variance actions, including justification for their issuance,
and report such variances issued in its biennial report submitted to the Federal
Emergency Management Agency.
F. Map determination.
r Make interpretations where needed, as to the exact location of the boundaries of the-areas
of special flood hazard, for example where there appears to be a conflict between a mapped
ORDINANCE NO. 289 PAGE 15 OF 26 JANUARY 12, 2016
boundary and actual field conditions. The person contesting the location of the boundary shall be
given a reasonable opportunity to appeal the interpretation as provided in Section 15.62.160. '
G. Remedial action.
Take action to remedy violations of this Chapter as specified in Section 15.62.080.
H. Biennial report.
Complete and submit Biennial Report to FEMA.
I. Planning.
Assure community's General Plan is consistent with floodplain management objectives
herein.
Section 15.62.150 Development Permit.
A development permit shall be obtained before any construction or other development,
including manufactured homes, within any of special flood hazard areas established in
accordance with its definition in Section 15.62.070. Application for a development permit shall
be made on forms furnished by the City. The applicant shall provide the following minimum
information:
A. Plans in duplicate, drawn to scale, showing: '
1. Location, dimensions, and elevation of the area in question, existing or proposed
structures, storage of materials and equipment and their location;
2. Proposed locations of water supply, sanitary sewer, and other utilities;
3. Grading information showing existing and proposed contours, any proposed fill,
and drainage facilities;
4. Location of the regulatory floodway when applicable;
5. Base flood elevation information as specified in Section 15.62.070 or Subsection
15.62.140.C;
6. Proposed elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures; and
7. Proposed elevation in relation to mean sea level to which any nonresidential
structure will be floodproofed,. as required in Subsection 15.62.170.C.2 of this
Chapter and detailed in FEMA Technical Bulletin TB 3-93.
B. Certification from a registered civil engineer or architect that the nonresidential
floodproofed building meets the floodproofing criteria in Subsection 15.62.170.C.2.
C. For a crawl-space foundation, location and total net area of foundation openings as
ORDINANCE NO. 289 PAGE 16 OF 26 JANUARY 12, 2016
required in Subsection 15.62.170.C.3 of this Chapter and detailed in FEMA Technical
Bulletins 1-93 and 7-93.
D. Description of the extent to which any watercourse will be altered or relocated as a result
of proposed development.
E. All appropriate certifications listed in Subsection 15.62.140.E of this Chapter.
Section 15.62.160 Appeals.
The City Council of the City of Grand Terrace shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or determination made by the Floodplain
Administrator in the enforcement or administration of this Chapter.
Section 15.62.170 Standards of construction.
In all areas of special flood hazards the following standards are required:
A. Anchoring.
All new construction and substantial improvement of structures, including manufactured homes,
shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
B. Construction materials and methods.
All new construction and substantial improvements of structures, including manufactured homes,
shall be constructed:
1. With flood resistant materials, and utility equipment resistant to flood damage for
areas below the base flood elevation;
2. Using methods and practices that minimize flood damage;
3. With electrical,heating, ventilation, plumbing and air conditioning equipment and
other service facilities that are designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding;
and
4. With adequate drainage paths around structures on slopes to guide flood waters
around and away from proposed structures within Zones AH or AO.
C. Elevation and floodproofing.
1. Residential construction.
ORDINANCE NO. 289 PAGE 17 OF 26 JANUARY 12, 2016
New construction or substantial improvements of residential structures
shall have the lowest floor, including basement:
a. In AE,AH,Al-30 Zones, elevated to or above the base flood elevation.
b. In an AO Zone, elevated above the highest adjacent grade to a height equal to
or exceeding the depth number specified in feet on the FIRM, or elevated at
least 2 feet above the highest adjacent natural grade if no depth number is
specified.
c. In an A Zone, without base flood elevation's specified on the FIRM
[unnumbered A zone], elevated to or above the base flood elevation; as
determined under Subsection 15.62.140.C.
Upon the completion of the structure, the elevation of the lowest floor,
including basement, shall be certified by a registered civil engineer or licensed
land surveyor, and verified by the community building inspector to be properly
elevated. Such certification and verification shall be provided to the
Floodplain Administrator.
2. Nonresidential construction.
New construction or substantial improvements of nonresidential structures
shall either be elevated to conform with Subsection 15.62.170.C.1 requirements,
or:
a. Be floodproofed, together with attendant utility and sanitary facilities, below
the elevation recommended under Subsection 15.62.170.C.1, so that the
structure is watertight with walls substantially impermeable to the passage of
water;
b. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered civil engineer or architect that the standards of
Subsection 15.62.170.C.2.a & b are satisfied. Such certification shall be
provided to the Floodplain Administrator.
3. Flood openings.
All new construction and substantial improvements of structures with fully
enclosed areas below the lowest floor(excluding basements)that are usable solely
for parking of vehicles, building access or storage, and which are subject to
flooding, shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwater. Design
ORDINANCE NO. 289 PAGE 18 OF 26 JANUARY 12, 2016
requirements must meet the following minimum criteria:
a. For non-engineered openings:
1. Have a minimum of two openings on different sides having a total net area
of not less than 1 square inch for every square foot of enclosed area subject
to flooding;
2. The bottom of all openings shall be no higher than 1 foot above grade;
3. Openings may be equipped with screens, louvers, valves or other
coverings or devices provided that they permit the automatic entry and exit
of flood water; and
4. Buildings with more than one enclosed area must have openings on
exterior walls for each area to allow flood water to directly enter; or
b. Be certified by a registered civil engineer or architect.
4. Manufactured homes.
a. See Subsection 15.62.200.
5. Garages and low cost accessory structures.
a. Attached garages.
1. A garage attached to a residential structure, constructed with the garage
floor slab below the base flood elevation, must be designed to allow for
the automatic entry of flood waters. See Subsection 15.62.170.C.3. Areas
of the garage below the base flood elevation must be constructed with
flood resistant materials. See Subsection 15.62.170.B.
2. A garage attached to a nonresidential structure must meet the above
requirements or be dry floodproofed. For guidance on below grade
parking areas, see FEMA Technical Bulletin TB-6.
b. Detached garages and accessory structures.
1. "Accessory structures" used solely for parking (2 car detached garages or
smaller) or limited storage (small, low cost sheds), as defined in Section
15.62.050Lmay be constructed such that its floor is below the base flood
elevation,provided the structure is designed and constructed in accordance
with the following requirements:
a) Use of the accessory structure must be limited to parking or limited
storage;
ORDINANCE NO. 289 PAGE 19 OF 26 JANUARY 12, 2016
b) The portions of the accessory structure located below the base flood
elevation must be built using flood-resistant materials;
c) The accessory structure must be adequately anchored to prevent
flotation, collapse and lateral movement;
d) Any mechanical and utility equipment in the accessory structure must
be elevated or floodproofed to or above the base flood elevation;
e) The accessory structure must comply with floodplain encroachment
provisions in Section 15.62.220; and
f) The accessory structure must be designed to allow for the automatic
entry of flood waters in accordance with Subsection 15.62.170.C.3.
2. Detached garages and accessory structures not meeting the above
standards must be constructed in accordance with all applicable standards
in Section 15.62.170.
Section 15.62.180 Standards for utilities.
A. New and replacement water supply and sanitary sewage systems shall be designed to
minimize or eliminate the following:
1. Infiltration of flood waters into the systems; and
2. Discharge from the systems into flood waters.
B. On-site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
Section 15.62.190 Standards for subdivisions and other proposed development.
A. New subdivisions proposals and other proposed development, including proposals for
manufactured home parks and subdivisions, greater than 50 lots or 5 acres, whichever is
the lesser, shall:
1. Identify the special flood hazard areas and base flood elevations.
2. Identify the elevations of lowest floors of all proposed structures and pads on the
final plans.
3. If the site is filled above the base flood elevation, the following as-built
information for each structure shall be certified by a registered civil engineer or
licensed land surveyor and provided as part of an application for a Letter of Map
ORDINANCE NO. 289 PAGE 20 OF 26 JANUARY 12, 2016
Revision based on Fill (LOMR-F)to the Floodplain Administrator:
a. Lowest floor elevation.
b. Pad elevation.
c. Lowest adjacent grade.
B. Subdivision proposals and other proposed development shall be consistent with the need
to minimize flood damage.
C. Subdivision proposals and other proposed development shall have public utilities and
facilities such as sewer, gas, electrical and water systems located and constructed to
minimize flood damage.
D. Subdivisions and other proposed development shall provide adequate drainage to reduce
exposure to flood hazards.
Section 15.62.200 Standards for manufactured homes.
A. Manufactured homes that are placed or substantially improved, 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 home park or
subdivision; or (4) in an existing manufactured home park or subdivision upon which a
manufactured home has incurred "substantial damage" as the result of a flood, shall:
1. Within Zones Al-30, AH, and AE on the community's Flood Insurance Rate Map,
be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated to or above the base flood elevation and be
securely fastened to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
B. Manufactured homes to be placed or substantially improved on sites in an existing
manufactured home park or subdivision within Zones Al-30, AH, and AE on the
community's Flood Insurance Rate Map that are not subject to the provisions of
Subsection 15.62.200.A will be securely fastened to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement, and be elevated so that either
the:
1. Lowest floor of the manufactured home is at or above the base flood elevation; or
2. Manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height
I
4 above grade.
ORDINANCE NO. 289 PAGE 21 OF 26 JANUARY 12, 2016
Upon the completion of the structure, the elevation of the lowest floor including \
basement shall be certified by a registered civil engineer or licensed land surveyor, and
verified by the community building inspector to be properly elevated. Such certification
and verification shall be provided to the Floodplain Administrator.
Section 15.62.210 Standards for recreational vehicles.
A. All recreational vehicles placed on site in Zones Al-30, AH, and AE on the community's
Flood Insurance Rate Map shall either:
1. Be on the site for fewer than 180 consecutive days; or
2. 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
3. Meet the permit requirements of Section 15.62.150 of this Chapter and the
elevation and anchoring requirements for manufactured homes in Subsection
15.62.200.A.
Section 15.62.220 Floodways.
Since floodways are an extremely hazardous area due to the velocity of flood waters
which carry debris,potential projectiles, and erosion potential,the following provisions apply:
A. Until a regulatory floodway is adopted, no new construction, substantial development, or
other development (including fill) shall be permitted within Zones Al-30 and AE, unless
it is demonstrated that the cumulative effect of the proposed development, when
combined with all other development, will not increase the water surface elevation of the
base flood more than 1 foot at any point within the City.
B. Within an adopted regulatory floodway, the City shall prohibit encroachments, including
fill, new construction, substantial improvements, and other development, unless
certification by a registered civil engineer is provided demonstrating that the proposed
encroachment shall not result in any increase in flood levels during the occurrence of the
base flood discharge.
C. If Subsections 15.62.220.A and B are satisfied, all new construction, substantial
improvement, and other proposed new development shall comply with all other
applicable flood hazard reduction provisions of Sections 15.62.170 through 15.62.220.
Section 15.62.230 Nature of variances.
ORDINANCE NO. 289 PAGE 22 OF 26 JANUARY 12, 2016
The issuance of a variance is for floodplain management purposes only. Insurance
premium rates are determined by statute according to actuarial risk and will not be modified by
the granting of a variance.
The variance criteria set forth in this section of this Chapter are based on the general
principle of zoning law that variances pertain to a piece of property and are not personal in
nature. A variance may be granted for a parcel of property with physical characteristics so
unusual that complying with the requirements of this Chapter would create an exceptional
hardship to the applicant or the surrounding property owners. The characteristics must be unique
to the property and not be shared by adjacent parcels. The unique characteristic must pertain to
the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the City Council to help protect the residents and their property from
flooding. This duty 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 of this Chapter should be quite rare. The long term goal of preventing and reducing
flood loss and damage can only be met if variances are strictly limited. Therefore, the variance
guidelines provided in this Chapter are more detailed and contain multiple provisions that must
be met before a variance can be properly granted. The criteria are designed to screen out those
situations in which alternatives other than a variance are more appropriate.
' Section 15.62.240 Conditions for variances.
A. Generally, variances may be issued for new construction, substantial improvements, and
other proposed new development to be erected on a lot of 1/2 acre or less in size
contiguous to and surrounded by lots with existing structures constructed below the base
flood level,providing that the procedures of Sections 15.62.130 through 15.62.220 of this
Chapter have been fully considered. As the lot size increases beyond 1/2 acre, the
technical justification required for issuing the variance increases.
B. Variances may be issued for the repair or rehabilitation of"historic structures" (as defined
in Section 15.62.050 of this Chapter) upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as an historic
structure and the variance is the minimum necessary to preserve the historic character and
design of the structure.
C. Variances shall not be issued within any mapped regulatory floodway if any increase in
flood levels during the base flood discharge would result.
D. Variances shall only be issued upon a determination that the variance is the "minimum
necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to
afford relief with a minimum of deviation from the requirements of this Chapter. For
example, in the case of variances to an elevation requirement,this means the 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 City Council
ORDINANCE NO. 289 PAGE 23 OF 26 JANUARY 12, 2016
believes will both provide relief and preserve the integrity of this Chapter.
E. 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 San Bernardino County Recorder's Officer and shall be recorded
in a manner so that it appears in the chain of title of the affected parcel of land.
F. The Floodplain Administrator will maintain a record of all variance actions, including
justification for their issuance, and report such variances issued in its biennial report
submitted to the Federal Emergency Management Agency.
Section 15.62.250 Appeal board.
A. In passing upon requests for variances, the City Council shall hold a public hearing and
consider all technical evaluations, all relevant factors, and standards specified in this
Chapter, and the:
1. Danger that materials may be swept onto other lands to the injury of others;
2. Danger of life and property due to flooding or erosion damage;
3. Susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the existing individual owner and future owners of the
property;
4. Importance of the services provided by the proposed facility to the community;
5. Necessity to the facility of a waterfront location,where applicable;
6. Availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
7. Compatibility of the proposed use with existing and anticipated development;
8. Relationship of the proposed use to the General Plan and Floodplain Management
Program for that area;
9. Safety of access to the property in time of flood for ordinary and emergency
vehicles;
ORDINANCE NO. 289 PAGE 24 OF 26 JANUARY 12, 2016
10. Expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters expected at the site; and
11. Costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical, and water system, and streets and bridges.
B. Variances shall only be issued upon a:
1. Showing of good and sufficient cause;
2. Determination that failure to grant the variance would result in exceptional
"hardship" to the applicant; and
3. Determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, or extraordinary public expense, create
a nuisance (see "Public safety and nuisance"), cause "fraud and victimization" of
the public, or conflict with existing local laws or Ordinances.
C. Variances may be issued for new construction, substantial improvements, and other
proposed new development necessary for the conduct of a functionally dependent use
provided that the provisions of Sections 15.62.250.A through D are satisfied and that the
structure or other development is protected by methods that minimize flood damages
during the base flood and does not result in additional threats to public safety and does
not create a public nuisance.
D. Upon consideration of the factors of Section 15.62.240.A and the purposes of this
Chapter, the City Council may attach such conditions to the granting of variances as it
deems necessary to further the purposes of this Chapter.
SECTION 2. URGENCY CLAUSE. The City Council finds and declares that this
ordinance is required for the immediate protection of the public health, safety and welfare as
previously stated in this ordinance, and that this ordinance shall become effective immediately
upon its adoption and will continue in full force and effect in accordance with Government Code
36937.
SECTION 3. ENVIRONMENTAL DETERMINATION. This Ordinance has been
reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA
guidelines, and the City's environmental procedures, and has been found to be exempt pursuant
to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that the City Council hereby
finds that it can be seen with certainty that there is no possibility that the passage of this
Ordinance will have a significant effect on the environment.
SECTION 4. INCONSISTENCIES. Any provision of the Grand Terrace Municipal Code
or appendices thereto that are inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to the extent necessary to
effect the provisions of this Ordinance.
` l
ORDINANCE NO. 289 PAGE 25 OF 26 JANUARY 12, 2016
SECTION 5. SEVERABILITY. If any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or otherwise
invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or
clauses or applications of this ordinance which can be implemented without the invalid
provision, clause or application; and to this end, the provisions of this ordinance are declared to
be severable.
SECTION 6. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall certify to
the adoption of this Ordinance and cause it to be published in a newspaper of general circulation
within the City of Grand Terrace, pursuant to all legal requirements. This ordinance shall become
effective immediately from and after its passage.
ATTEST:
Pat Jacquez-Nares Darcy McNaboe
City Clerk Mayor
Approved as to form:
Richard L. Adams, II
City Attorney
I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the
City of Grand Terrace held on the 12t"day of January, 2016, by the following vote:
AYES: Council Members Hussey, Wilson, Mitchell, Mayor Pro Tem Robles,
Mayor McNaboe
NOES: None
ABSENT: None
ABSTAIN: None
Pat Jacquez-Nares
City Clerk
ORDINANCE NO. 289 PAGE 26 OF 26 JANUARY 12, 2016
\� SECTION 5. SEVERABILITY. If any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or. otherwise
invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or
clauses or applications of this ordinance which can be implemented without the invalid
provision, clause or application; and to this end, the provisions of this ordinance are declared to
be severable.
SECTION 6. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall certify to
the adoption of this Ordinance and cause it to be published in a newspaper-of general circulation
within the City of Grand Terrace,pursuant to all legal requirements. This ordinance shall become
effective-immediately from.and after its passage.
ATTEST:
7-7
at acq " z-N es arc cN_ab
City Cle'r-1c
Approved as to form:
RichaicW. Adams,II
City Attorney
I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced and adopted.at a regular meeting of the City Council-of the
City of Grand Terrace held on the 120,day of January,2016,,by the following vote:
AYES: Council Members Hussey, Wilson, Mitchell, Mayor Pro Tern -Robles,
Mayor McNaboe
NOES: None '
ABSENT: None
ABSTAIN: None
'4Jacq z- es
- City Cl c
ORDINANC�NO. 289 PAGE 26 OF 26 JANUARY 12,2016
SECTION 5. SEVERABILITY. If any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or otherwise
invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or
clauses or applications of this ordinance which can be implemented without the invalid
provision, clause or application; and to this end, the provisions of this ordinance are declared to
be severable.
SECTION 6. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall certify to
the adoption of this Ordinance and cause it to be published in a newspaper of general circulation
within the City of Grand Terrace, pursuant to all legal requirements. This ordinance shall become
effective immediately from and after its passage.
ATTEST:
Pat Jacquez-Nares Darcy McNaboe
City Clerk Mayor
Approved as to form:
Richar . Adams, II
City Attorney
I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the
City of Grand Terrace held on the 121h day of January, 2016,by the following vote:
AYES: Council Members Hussey, Wilson, Mitchell, Mayor Pro Tern Robles,
Mayor McNaboe
NOES: None
ABSENT: None
ABSTAIN: None
Pat Jacquez-Nares
City Clerk
ORDINANCE NO. 289 PAGE 26 OF 26 JANUARY 12, 2016