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(a Permits. A permit or other applicable approval shall be obtained for all proposed development of buildings and structures located within a floodplain or flood prone area designated in accordance with Section 2A.282(b), and shall be issued in accordance with applicable procedures for authorizing such construction within the appropriate City departments’ jurisdiction. No building, structure, or land shall be constructed, located, extended, converted, or altered within a floodplain or flood-prone area without full compliance with the requirements of this ordinance and other applicable regulations. The requirements of this ordinance and other applicable regulations shall take precedence over any less restrictive conflicting local laws. The appropriate City department shall maintain a record of the elevation (in relation to NAVD88) of the lowest floor (including basement) of all new and substantially improved structures; and, in all cases of floodproofing, the elevation (in relation to NAVD88) to which the structure was floodproofed in accordance with subections1
(b), (c), or (d).
b) Standards of Construction for Floodplain Areas.
(1) All new construction and substantial improvements shall be designed and constructed in accordance with the requirements of San Francisco Building Code Section 1612, California Building Code Section 1612, or other comparable code requirements applicable to the City agency or department implementing the standards of construction under this Article XX, as any of the foregoing code requirements may be amended from time to time.
(2) Standards for Subdivisions. If a subdivision proposal is in a flood-prone area, any such proposals shall be reviewed to assure that:
(A) All such proposals are consistent with the need to minimize flood damage within the flood prone area;
(B) All public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and
(C) Adequate drainage is provided to reduce exposure to flood hazards.
(3) Standards For Utilities. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:
(A) Infiltration of flood waters into the systems, and
(B) Discharge from the systems into floodwaters.
(4) Manufactured Homes. All manufactured homes that are placed or substantially improved, on sites located in a new manufactured home park or subdivision within Zones A1-30, AH, and AE on the community’s Flood Insurance Rate Map, 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 is securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(5) Recreational Vehicles. All recreational vehicles placed in Zones A1-30, AH, and AE shall either:
(2)1
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)1
Meet the permit requirements of subsection (a) and the elevation and anchoring requirements for manufactured homes in subsection (b)(4).
(c Variances.
(1 A variance from the standards provided by this Section 2A.283 may be granted by the appropriate approval authority 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. Variances shall be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Variance determinations shall include a showing of good and sufficient cause that:
(A) Failure to grant the variance would result in exceptional hardship to the applicant; and
(B) The granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, cause fraud and victimization of the public, or conflict with existing local laws or ordinances.
(2) Notwithstanding subsection (c)(1), variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level.
(3) Notwithstanding subsection (c)(1), variances shall be issued for:
(A) The repair or rehabilitation of, or exterior addition to, historic structures upon a determination that the proposed repair, rehabilitation, or addition will not preclude the structure’s continued designation as an historic structure.
(B) New construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use, provided that the structure or building is protected by methods that minimize flood damages, and that issuance of the variance does not result in additional threats to public safety or create a public nuisance.
(Added by Ord. 188-08, File No. 080823, App. 8/7/2008; amended by Ord. 56-10, File No. 100136, App. 3/25/2010; Ord. 226-20, File No. 200537, App. 11/13/2020, Eff. 12/14/2020)
CODIFICATION NOTE
1. So in Ord. 226-20.
The degree of flood protection required by this ordinance, Article XX, is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. This ordinance shall not create liability on the part of the City and County of San Francisco, 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 ordinance or any administrative decision made hereunder.
(Added by Ord. 188-08, File No. 080823, App. 8/7/2008; amended by Ord. 56-10, File No. 100136, App. 3/25/2010; Ord. 226-20, File No. 200537, App. 11/13/2020, Eff. 12/14/2020)
This Article XX and the various parts thereof are hereby declared to be severable. Should any section or other part of Article XX, or application thereof, be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of Article XX as a whole, or any portion or application thereof other than the section, other part, or application so declared to be unconstitutional or invalid.
(Added by Ord. 188-08, File No. 080823, App. 8/7/2008; amended by Ord. 56-10, File No. 100136, App. 3/25/2010; Ord. 226-20, File No. 200537, App. 11/13/2020, Eff. 12/14/2020)
Citizen's Committee on Community Development. |
(a) If, in complying with the City's obligations to provide for citizen participation under U.S. Department of Housing and Urban Development ("HUD") Consolidated Planning regulations, the Mayor convenes a citizen's committee, the committee shall be called the Citizen's Committee on Community Development ("Committee") and shall be governed by this Section.
(b) Purpose. The Committee shall be an advisory body whose purpose is to make recommendations to the Mayor and Board of Supervisors on HUD-based funding allocations and policy matters directly related to community development efforts in the City. For purposes of this Section, "community development" means a planned effort or program that increases the capacity of low- and moderate-income people to improve their quality of life.
(c) Duties. The Committee's duties shall include the following:
(1) Make policy recommendations to the Mayor and the Board of Supervisors on the development and implementation of a comprehensive community development structure and strategy for the City. In developing such recommendations, the Committee shall address (1) government structure, including coordination between City boards, commissions and advisory bodies with overlapping programmatic jurisdiction pertaining to community development, (2) citizen oversight and community participation, and (3) strengthening the capacity of community-based organizations that serve low- and moderate-income communities.
(2) Provide for citizen participation and oversight in the development of the City's consolidated planning process that satisfies the requirements of the HUD Consolidated Planning regulations, as amended from time to time.
(3) Make annual funding recommendations to the Mayor and Board of Supervisors for the HUD entitlement resources of Community Development Block Grants ("CDBG") and Emergency Shelter Grants ("ESG"), in accordance with all HUD requirements, as amended from time to time.
(4) Establish a regular Committee public meeting schedule, which shall consist of no less than six public meetings per year.
(d) Committee Membership. The Committee shall consist of nine members. The Mayor shall have exclusive power to appoint five members of the Committee; the Board of Supervisors shall have exclusive power to appoint four members. The Mayor's appointees shall have professional expertise in one or more of the following areas of community development: community development finance, affordable housing, small business development, microenterprise, homelessness, neighborhood planning, workforce development, social services, technical assistance to community-based service providers, and capital projects and public space improvement. In making its appointments to the Commission, the Board of Supervisors shall give consideration to the ability of its appointees to reflect and advance the concerns and needs of low-income neighborhoods and/or communities in the City.
No person who is either employed by or serves on the governing board of any entity that has a CDBG or ESG grant application pending with the City shall be eligible to serve as a member.
To stagger the terms of the members, the initial appointments to the Committee shall be as follows: the Mayor shall appoint three members to serve terms of two years, two members to serve terms of one year. The Board of Supervisors shall appoint two members to serve terms of two years, two members to serve terms of one year. Thereafter, all members shall serve for two-year terms.
Members shall serve fixed terms and may be removed for cause. Vacancies shall be filled by the appointing authority.
In addition, the following individuals, or their designee, shall serve ex officio as non-voting members of the Committee: the Director of Economic and Workforce Development Department and the Director of the Mayor's Office of Housing. The Director of the San Francisco Redevelopment Agency, or his or her designee, may also serve ex officio as a non-voting member of the Committee.
(e) Attendance. The Committee Chair shall monitor the attendance of the Committee. Any Committee member who misses three regular or subcommittee meetings within a calendar year, whether excused or unexcused, will receive an inquiry from the Chair. If the same member has two or more additional unexcused absences, he or she will be deemed to have resigned from the Committee and will be notified of separation from the Committee by the Chair.
(f) Staffing. The Committee shall be staffed primarily by the Mayor's Office of Housing, or its successor. As needed, additional staff support shall be provided by City departments that administer and oversee CDBG or ESG grants.
(Added by Ord. 212-09, File No. 090909, App. 10/6/2009)
Designation of Agency to Provide Postrelease Community Supervision. | |
Home Detention and Electronic Monitoring as a Sanction for Violation of Postrelease Community Supervision. |
The Adult Probation Department is designated as the county agency to provide postrelease community supervision to all eligible persons released from prison after October 1, 2011 as required by section 3451 of the California Penal Code and the Postrelease Community Supervision Act of 2011.
(Added by Ord. 203-11, File No. 110846, App. 10/11/2011, Eff. 11/10/2011)
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