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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 PUblid , I I I 1 facilities and utilities. The cost for mud removal and repairs 2 exceeds $1,000,000. 3 (g) More than 96,000 man hours were required to respond 4 to flood damage. 5 (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. 11 (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. 19 (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. 23 (k) If the Hampshire Flooding Impact Area is continued 25 protection for human life or property. for residential usage it would be impossible to insure reasonable I I (1) The City of San Bernardino is a member of the Federak 24 26 27 Flood Insurance Administration flood plain management program. 28 The City has enacted Ordinance No. 3763, implementing the program. -2- v 1 I, i i i I (m) The future issuance of building permits or restorat'on " Ii of the residential structures in the Hampshire Flooding Impact Ar a may not be in the best interests of the public safety and general: ! 2 3 4 welfare. 5 (n) The City of San Bernardino desires a safe environmen~ 6 for its residents. I " SECTION 2. Declaration. The Hampshire Flooding Impact 7 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. 13 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. 16 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. 19 SECTION 5. Temporary Occupancy. Residences in the Hampshire Flooding Impact Area may be temporarily occupied, and 20 21 utility connections may be temporarily permitted, with the approval of the Director of Building and Safety, during periods 22 23 of time in which the Director of Building and Safety determines 24 that the danger of flooding is minimal. with this exception, 25 / / / / / / / / / / / / / / / / / /i / / /1 / / ;I I i I I I 26 27 28 -3- r I: 1 2 3 4 5 6 i " I 7 i I I' 8 II ,I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 23 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 /1" ;f"M ,7',M.J of ~ meeting thereof, held on the 7 day ! vote, to wit: , 1980, by the following AYES: / / ,~/ Councilmen ;::J~ 7.t)/~,"'t RIfUA"_~ ~'''j> ';Ik/...,~ ~A"fL1JJ;.jJdJ) ~j" ",," 7:J~~ NAYS: ABSENT: .. '<~~)~b""" .. . / ity Clerk -4- 1 2 : of 3 4 5 ~- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I' The foregoing ordinance is hereby ~~~,YI , 1980. APP5'~ as to form: /i // ,//~~~ '/.. / /7' j/ , ,- City Attorney -5- s :? day ~no , I ~ .. ~ -- ~ ~ ~ ~ '5 ....... V) ~ I < ~ < ~ ~ V) 9: I:t ~ , . ~ , ~I """ >. ... , 40th r: CI) :Q\t: >- z w o ~ CI) 0: 0: <( :r: SCHOOL ..J W o - 39 I 1 r foe::::=::! HAMPSHIRE AREA EXHIBIT "A" . . . ~ ... ~ 1"=3.00' L-- ~ o z z w w 0 o 0: ..J <( o <.!> <.!> RALSTON ST. . .. . 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"