HomeMy WebLinkAbout3924UORDINANCE NO. 3924
ORDINANCE OF THE CITY OF SAN BERNARDINO DESIGNATING AND
PROHIBITING THE ISSUANCE OF BUILDING PERMITS IN THE HAMPSHIRE
FLOODING IMPACT AREA, AND DECLARING THE URGENCY OF THE MEASURE.
THE MAYOR AND CO~10N COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS,
SECTION 1. Findings. The Mayor and Common Council of the
City of San Bernardino find:
(a) The Hampshire Flooding Impact Area is illustrated on
Exhibit "A" and described in Exhibit "B", attached hereto and
incorporated herein by reference, as if set forth in length. The
Hampshire Flooding Impact Area is located immediately below the
Harrison Canyon debris basin. The Harrison Canyon debris basin
is a structure maintained by the San Bernardino County Flood
Control District, intended to contain mud and debris from mud-
slides in Harrison Canyon.
(b) Vegetation in the foothills above the Harrison canyo1
debris basin was destroyed by intense brush fires during the
summer of 1979.
(c) Unusually heavy rains during January and February
of 1980 eroded the natural earth crust, exposing the unstable
sand and silt material and creating mudslides.
(d) Four separate mudslides in early 1980 overflowed the
debris basin, causing mud and debris to flow into the Hampshire
Flooding Impact Area.
(e) The mudslides have caused damage to private
residences and other private property, and have endangered life,
property and the general welfare of the area.
(f)
Mudslides have also caused repeated damage to
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1 facilities and utilities. The cost for mud removal and repairs
2 exceeds $1,000,000.
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(g) More than 96,000 man hours were required to respond
4 to flood damage.
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(h) Vegetation in the foothills above the Harrison Canyon
'6 debris basin may not become re-established in the immediate future.
7 The unstable soil conditions in that area may continue in-
8 definitely into the future. There is danger of recurrence
9 of mudslides, even if future rainfall does not exceed normal
10 rainfall for the area.
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(i) A substantial enlargement of the Harrison Canyon
12 debris basin, as well as other public works projects in the
13 Harrison Canyon watershed, would be required in order to provide
14 reasonably adequate protection for the Hampshire Flooding Impact
15 Area. It has been estimated that the cost of the necessary work
16 would exceed $5,000,000. Such funds are not available to the
17 responsible agencies, and are not anticipated to be available in
18 the foreseeable future.
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(j) Even if the necessary work in the Harrison Canyon
20 watershed could be commenced immediately, it could not be com-
21 pleted in time to protect residents of the Hampshire Flooding
22 Impact Area during any rains of the winter of 1980-81.
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(k) If the Hampshire Flooding Impact Area is continued
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protection for human life or property.
for residential usage it would be impossible to insure reasonable
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(1) The City of San Bernardino is a member of the Federak
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Flood Insurance Administration flood plain management program.
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The City has enacted Ordinance No. 3763, implementing the program.
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I (m) The future issuance of building permits or restorat'on
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of the residential structures in the Hampshire Flooding Impact Ar a
may not be in the best interests of the public safety and general:
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welfare.
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(n) The City of San Bernardino desires a safe environmen~
6 for its residents.
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SECTION 2. Declaration. The Hampshire Flooding Impact
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8 Area in its present condition is declared unsafe for human
9 habitation, except for temporary occupancy pursuant to Section 5,
10 due to the danger of mudslides which would result in the loss
11 of property and endanger life and expose residents to unacceptable
12 health and safety hazards.
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SECTION 3. Building Permits Prohibited. No building
14 permits for any work on residential structures in the Hampshire
15 Flooding Impact Area shall be issued.
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SECTION 4. Occupancy Prohibited. Residences in the
17 Hampshire Flooding Impact Area shall not be occupied, and utility
18 connections shall not be made, except as provided in Section 5.
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SECTION 5. Temporary Occupancy. Residences in the
Hampshire Flooding Impact Area may be temporarily occupied, and
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utility connections may be temporarily permitted, with the
approval of the Director of Building and Safety, during periods
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of time in which the Director of Building and Safety determines
24 that the danger of flooding is minimal. with this exception,
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utility connections and occupancy in residences in the Hampshire
Flooding Impact Area are prohibited.
SECTION 6. penalties for violations. Any person who
knowingly and wilfully violates any of the provisions or fails to
comply with any of the mandatory requirements of this ordinance
is guilty of a misdemeanor, and upon conviction thereof, shall be
punishable by a fine not to exceed five hundred dollars ($500.00)
or by imprisonment in the County jail for a period not to exceed
one hundred and eighty (180) days, or both such fine and imprison-
ment. Such person shall be deemed guilty of a separate offense
for each and every day during any portion of which any violation
of this ordinance is committed or continued by such person and
shall be punishable as herein provided.
SECTION 7. Urgency. This ordinance is an emergency and
urgency measure necessary for the immediate preservation of the
public peace, health or safety and shall go into effect immediately
upon its adoption and approval. The facts constituting such
emergency are as set forth in Sections 1 and 2.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
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meeting thereof, held
on the 7 day
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vote, to wit:
, 1980, by the following
AYES:
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Councilmen ;::J~ 7.t)/~,"'t RIfUA"_~
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NAYS:
ABSENT:
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/ ity Clerk
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The foregoing ordinance is hereby
~~~,YI , 1980.
APP5'~ as to form:
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City Attorney
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EXHIBIT "A"
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Lots 6, 7 and lots 22, through 24, and lots 30 through 47, and lots
55, 56, all of Tract 6206 as per plat thereof, recorded in Book 96
of Maps, Pages 18 through 20, Records of the County Recorder, San
Bernardino County, State of California.
EXHIBIT "B"