[Ord. #79-011, § 505; Ord. #01-03]
The purpose of this section is to promote the public health,
safety and general welfare, and to minimize public and private losses
due to flood conditions.
[Ord. No. 79-011, § 505.1; Ord. No. 01-03; Ord. No.
04-09]
As used in this section:
Means a use which is incidental and subordinate to the principal
use of the parcel of land on which it is located.
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.
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.
Means a request for a review of the Flood Plain Administrator's
interpretation of any provision of this section.
Means a designated AO or AH Zone on the Flood Insurance Rate
Map (FIRM). The base flood depths range from one to three (1-3) 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.
Means the land in the flood plain within a community subject
to a one (1%) percent or greater chance of flooding in any given year.
It is shown on a FIRM as Zone A, AO, A1-30, AE, A99, AH, V1-30, VE
or V.
Means the flood having a one (1%) percent chance of being
equaled or exceeded in any given year.
Means any area of the building having its floor subgrade,
i.e., below ground level, on all sides.
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 floodwaters. A breakaway wall shall
have a safe-design loading resistance of not less than ten (10) and
no more than twenty (20) pounds per square foot. Use of breakaway
walls must be certified by a registered engineer or architect and
shall meet the following conditions:
Means an area of special flood hazard extending from offshore
to the inland limit of a primary frontal dune along an open coast
and any other area subject to high velocity wave action from storms
or seismic sources. It is an 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 V1-V30, VE or V.
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 and materials located within the
area of special flood hazard.
Means the advance or infringement of uses, plant growth,
fill, excavation, buildings, permanent structures or development into
a flood plain which may impede or alter the flow capacity of a flood
plain.
Means:
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.
Means the official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated the areas
of flood hazards.
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.
Means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate
Map, the Flood Boundary-Floodway Map, and the water surface elevation
of the base flood.
Means the collapse or subsidence of land along the shore
of a lake or other body of water as a result of undermining caused
by waves or currents of water exceeding anticipated cyclical level
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 a flash flood or an abnormal tidal surge, or by
some similarly unusual and unforeseeable event which results in flooding.
Means a land area adjoining the shore of a lake or other
body of water which, due to the composition of the shoreline or bank
and high water levels or wind-driven currents, is likely to suffer
flood-related erosion damage.
Means the operation of an overall program of corrective and
preventive measures for reducing flood-related erosion damage, including
but not limited to emergency preparedness plans, flood-related erosion
control works, and flood plain management regulations.
Is the individual appointed to administer and enforce the
flood plain management regulations.
Means any land area susceptible to being inundated by water
from any source.
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 flood plain, including but
not limited to emergency preparedness plans, flood control works,
flood plain management regulations, and open space plans.
Means this section and other zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances
(such as grading and erosion control) and other application of police
power which control development in flood-prone areas. This term describes
Federal, State or local regulations in any combination thereof which
provide standards for preventing and reducing flood loss and damage.
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. (Refer to FEMA Technical
Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and
wet flood proofing.)
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 (1) foot. Also referred to as "regulatory floodway."
Means that area of the flood plain on either side of the
"regulatory floodway" where encroachment may be permitted.
As related to subsection 20.52.050, Permit Approval, Variances and Appeals, of this section means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City of Albany will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty (50) to one hundred (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 the property, unaware that it is subject to potential flood damage, and be insured only at very high flood insurance rates.
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, and does not include long term storage
or related manufacturing facilities.
Means the local governing unit, i.e., County or municipality,
which is empowered to adopt and implement regulations to provide for
the public health, safety and general welfare of its citizenry.
As related to subsection 20.52.050, Permit Approval, Variances and Appeals, of this section means the exceptional hardship that would result from a failure to grant the requested variance. The City of Albany 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.
Means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
Means any structure that is:
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;
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;
Individually listed on a State inventory of historic places
in States with historic preservation programs which have been approved
by the Secretary of the Interior; or
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 without approved programs.
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.
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.
Means the lowest floor of the lowest enclosed area, including
basement (see Basement definition).
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 nonelevation
design requirements, including, but not limited to:
The wet flood proofing standard in subsection 20.52.060A.3;
The anchoring standards in subsection 20.52.060.A.1;
The construction materials and methods standards in subsection 20.52.060A.2; and
The standards for utilities in subsection 20.52.060B.
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.
Means a structure, transportable in one (1) 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.
Means a parcel (or contiguous parcels) of land divided into
two (2) or more manufactured home lots for rent or sale.
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 Flood Plain 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.
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.
For flood plain management purposes, means structures for
which the "start of construction" commenced on or after the effective
date of flood plain management regulations by this community, and
includes any subsequent improvements to such structures.
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 flood plain management regulations adopted by this community.
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.
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.
As related to subsection 20.52.040, Permit Approval, Variances and Appeals, of this section 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.
Means a vehicle which is:
Built on a single chassis;
Four hundred (400) square feet or less when measured at the
largest horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
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 (1) foot.
Means to bring the structure or other development into compliance
with State or local flood plain 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 State or Federal financial exposure with regard
to the structure or other development.
Means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
Means naturally occurring accumulations of sand in ridges
or mounds landward of the beach.
See Area of shallow flooding.
Means an area in the flood plain subject to a one (1%) percent
or greater chance of flooding in any given year. It is shown on an
FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.
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 one hundred eighty (180)
days from the date of the permit. The actual start shall mean either
the first placement of permanent construction of a structure on a
site, such as the pouring of slabs 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. For a structure without a basement
or poured footings, the "start of construction" includes the first
permanent framing or assembly of the structure or any part thereof
on its piling or foundation. 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.
Means a walled and roofed building that is principally aboveground;
this includes a gas or liquid storage tank or a manufactured home.
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 fifty (50%) percent of the market value of the
structure before the damage occurred.
Means any repair, reconstruction, rehabilitation, addition
or other proposed new improvement of a structure, the cost of which
equals or exceeds fifty (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:
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1.
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Any project for improvement of a structure to correct existing
violations of 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.
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2.
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Any alteration of a historic structure provided that the alteration
will not preclude the structure's continued designation as a historic
structure.
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Means, for purposes of this section only, a grant of relief
from the requirements of this section which permits construction in
a manner that would otherwise be prohibited by this section.
Means the failure of a structure or other development to
be fully compliant with this section. A structure or other development
without the elevation certificate, other certifications, or other
evidence of compliance required in this section is presumed to be
in violation until such time as that documentation is provided.
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 flood plains of coastal
or riverine areas.
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.
[Ord. No. 79-011, § 505.2; Ord. No. 01-03; Ord. No.
04-09]
A.
Lands to Which This Section Applies. This section shall apply to
all areas of special flood hazards within the jurisdiction of the
City of Albany.
B.
Basis for Establishing the Areas of Special Flood Hazard. The areas
of special flood hazard identified by the Federal Insurance Administration
(FIA) of the Federal Emergency Management Agency (FEMA) in a scientific
and engineering report entitled "The Flood Insurance Study for the
City of Albany", dated November 1978, with accompanying Flood Insurance
Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated
February 1, 1980, and all subsequent amendments and/or revisions,
are hereby adopted by reference and declared to be a part of this
section. The FIS and attendant mapping is the minimum area of applicability
of this section and may be supplemented by studies for other areas
which allow implementation of this section and which are recommended
to the City of Albany by the Flood Plain Administrator. The FIS and
FIRMs are on file at 1000 San Pablo Avenue, Albany, California.
C.
Compliance. No structure or land shall hereafter be constructed,
located, extended, converted or altered without full compliance with
the terms of this section and other applicable regulations. Violations
of the requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a misdemeanor.
Nothing herein shall prevent the City of Albany from taking such lawful
action as is necessary to prevent or remedy any violation.
D.
Abrogation and Greater Restrictions. This section is not intended
to repeal, abrogate or impair any existing easements, covenants or
deed restrictions. However, where this section and another section,
ordinance, easement, covenant or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
F.
Warning and Disclaimer of Liability. The degree of flood protection
required by this section 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 section 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
section shall not create liability on the part of the City, any officer
or employee thereof, the State of California, or the Federal Insurance
Administration, for any flood damages that result from reliance on
this section or any administrative decision lawfully made thereunder.
G.
Severability. This section and the various parts thereof are hereby
declared to be severable. Should any section be declared by the courts
to be unconstitutional or invalid, such decision shall not affect
the validity of the section as a whole, or any portion thereof other
than the section so declared to be unconstitutional or invalid.
[Ord. No. 79-011, § 505.3; Ord. No. 01-03; Ord. No.
04-09]
A.
Establishment of a Flood Zone Permit. A flood zone permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection 20.52.030B. Application for a flood zone permit shall be made on forms furnished by the Flood Plain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing and proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
1.
Site plan, including but not limited to:
a.
For all proposed structures, spot ground elevations at building
corners and twenty (20) foot or smaller intervals along the foundation
footprint, or one (1) foot contour elevations throughout the building
site; and
b.
Proposed locations of water supply, sanitary sewer, and utilities;
and
c.
If available, the base flood elevation from the Flood Insurance
Study and/or Flood Insurance Rate Map; and
d.
If applicable, the location of the regulatory floodway; and
2.
Foundation
design detail, including but not limited to:
a.
Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures; and
b.
For a crawl-space foundation, location and total net area of foundation openings as required in subsection 20.52.060A.3 and FEMA Technical Bulletins 1-93 and 7-93; and
c.
For foundations placed on fill, the location and height of fill,
and compaction requirements (compacted to ninety-five (95%) percent
using the Standard Proctor Test method); and
3.
Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in subsection 20.52.060A.3.b and FEMA Technical Bulletin TB 3-93; and
4.
All appropriate certifications listed in subsection 20.52.060C.4 of this section; and
5.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
B.
Designation of the Flood Plain Administrator. The Director of Community
Development is hereby appointed to administer, implement and enforce
this section by granting or denying flood zone permit applications
in accordance with its provisions.
C.
Duties and Responsibilities of the Flood Plain Administrator. The
duties of the Flood Plain Administrator shall include, but not be
limited to:
1.
Permit Review. Review all flood zone permits to determine that
the permit requirements of this section have been satisfied, that
all other required State and Federal permits have been obtained, that
the site is reasonably safe from flooding, and that 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 section, adversely affects shall
mean 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 (1) foot
at any point. The following factors shall be considered when evaluating
a permit:
a.
The danger that materials may be swept onto other lands to the
injury of others;
b.
The danger to life and property due to flooding or erosion damage;
c.
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner
and future owners of the property;
d.
The importance of the services provided by the proposed facility
to the community;
e.
The necessity to the facility of a waterfront location, where
applicable;
f.
The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
g.
The compatibility of the proposed use with existing and anticipated
development;
h.
The relationship of the proposed use to the comprehensive plan
and flood plain management program for that area;
i.
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
j.
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site;
k.
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; and
l.
The proposed development does not adversely affect the flood
carrying capacity of the area of special flood hazard. "Adversely
affect" 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 one (1) foot at any point.
2.
Review, Use and Development of Other Base Flood Data.
a.
When base flood elevation data has not been provided in accordance with subsection 20.52.030B, the Flood Plain Administrator 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 this section. Any such information shall be submitted to the City of Albany for adoption; or
b.
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 Flood Plain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer subsection 20.52.060.
1)
Simplified method.
3.
Notification of Other Agencies. In 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 Insurance
Administration, Federal Emergency Management Agency; and
c.
Assure that the flood carrying capacity within the altered or
relocated portion of said watercourse is maintained.
4.
Documentation of Flood Plain Development. Information to be
obtained and maintained for public inspection:
a.
Certification required by subsections 20.52.060A.3.a and 20.52.060D (lowest floor elevations);
b.
Certification required by subsection 20.52.060A.3.b (elevation or floodproofing of nonresidential structures);
c.
Certification required by subsection 20.52.060A.3 (wet floodproofing standard);
d.
Certification of elevation required by subsection 20.52.060C.2 (subdivision standards);
e.
Certification required by subsection 20.52.060G.1 (floodway encroachments);
f.
Information required by subsection 20.52.060H.6 (coastal construction standards); and
g.
Maintain for public inspection all records pertaining to the
provisions of this section.
5.
Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. 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 subsection 20.52.050.
6.
Remedial Action. Take action to remedy violations of this section as specified in subsection 20.52.030C.
[Ord. No. 79-011, § 505.4; Ord. No. 01-03; Ord. No.
04-09]
A.
Permit Approval. Approval of the flood zone permit by the Flood Plain
Administrator may include conditions desirable to carry out the intent
of this section, and may be in addition to other permits required
by this chapter.
B.
Variances. A request by the applicant for a variance from any of the conditions of this section shall be heard by the Planning and Zoning Commission. Application, notification and hearing procedures shall be as set forth in subsection 20.100.040 of this chapter. The Planning and Zoning Commission shall use the evaluation criteria set forth in this section, and in subsection 20.52.040C.1, in making the necessary findings of fact and making a determination. In addition;
1.
Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half (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 subsections 20.52.040 and 20.52.060 of this section have been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variance increases.
2.
Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in subsection 20.52.020 of this section) 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.
3.
Variances shall not be issued within any mapped regulatory floodway
if any increase in flood levels during the base flood discharge would
result.
4.
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief. Minimum necessary shall mean to afford relief with
a minimum of deviation from the requirements of this section.
5.
Variances shall only be used upon:
a.
A showing of good and sufficient cause;
b.
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
c.
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 or victimization of the public as identified in subsection 20.52.020, or conflict with existing local laws or ordinances.
6.
Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections 20.52.050B.1—5 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.
7.
Any applicant to whom a variance is granted shall be given written
notice over the signature of a community official that:
a.
The structure will be permitted to be built with a lowest floor
elevation below the base flood elevation and that the cost of flood
insurance will be commensurate with the increased risk resulting from
the reduced lowest floor elevation.
b.
Such construction below the base flood level increases risk
to life and property. It is recommended that a copy of the notice
shall be recorded by the Flood Plain Administrator in the Office of
the Alameda County Recorder and shall be recorded in a manner so that
it appears in the chain of title of the affected parcel of land.
8.
The Flood Plain 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.
C.
If any party is aggrieved by the action of the Flood Plain Administrator, alleging an error in any requirement, decision, or determination, an appeal may be filed with the Planning and Zoning Commission in accordance with subsection 20.100.080 of this chapter.
D.
The appellate body, in making its determination, may attach such
conditions to the granting of variances or the ruling on appeals,
as it deems necessary to further the purposes of this section.
E.
The Flood Plain Administrator shall maintain the records of all appeal
actions and report any variances to the Federal Insurance Administration
upon request.
[Ord. No. 04-09]
A.
Required Standards of Construction, All Areas of Special Flood Hazards
(AO, A1, VI).
1.
Anchoring.
a.
All new construction and substantial improvements 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.
All manufactured homes shall meet the anchoring standards of subsection 20.52.060D.
2.
Construction Materials and Methods. All new construction and
substantial improvements shall be constructed:
a.
With flood resistant materials as specified in FEMA Technical
Bulletin TB 2-93, and utility equipment resistant to flood damage;
b.
Using methods and practices that minimize flood damage;
c.
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
d.
If within Zones AH or AO, so that there are adequate drainage
paths around structures on slopes to guide flood waters around and
away from proposed structures.
3.
Elevation and Floodproofing. (See subsection 20.52.020 definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement.")
a.
Residential construction, new or substantial improvement, shall
have the lowest floor, including basement:
1)
In an AO zone, elevated above the highest adjacent grade to
a height exceeding the depth number specified in feet on the FIRM
by at least one (1) foot, or elevated at least three (3) feet above
the highest adjacent grade if no depth number is specified.
2)
In an A zone, elevated at least one (1) foot above the base flood elevation; said base flood elevation shall be determined by one of the methods in subsection 20.52.040C.2 of this section.
3)
In all other zones, elevated at least one (1) foot above the
base flood elevation.
Upon the 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 Flood Plain Administrator.
b.
Nonresidential construction, new or substantial improvement,
shall either be elevated to conform with subsection 20.52.060A.3a
or together with attendant utility and sanitary facilities:
1)
Be floodproofed below the elevation recommended under subsection 20.52.060A.3.a so that the structure is watertight with walls substantially impermeable to the passage of water;
2)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
3)
Be certified by a registered professional engineer or architect
that the standards of this subsection (20.52.060A.3.b) are satisfied.
Such certification shall be provided to the Flood Plain 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 TB 1-93 and
TB 7-93, and must exceed the following minimum criteria:
(i)
Have a minimum of two (2) openings having a total
net area of not less than one (1) square inch for every square foot
of enclosed area subject to flooding. The bottom of all openings shall
be no higher than one (1) 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 floodwater; or
(ii)
Be certified by a registered professional engineer
or architect.
5)
Manufactured homes shall also meet the standards in subsection 20.52.060D.
B.
Standards for Utilities.
1.
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.
2.
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
C.
Standards for Subdivisions.
1.
All preliminary subdivision proposals shall identify the special
flood hazard area and the elevation of the base flood.
2.
All subdivision plans will provide the elevation of proposed
structure(s) and pad(s). If the site is filled above the base flood
elevation, the lowest floor and pad elevations shall be certified
by a registered professional engineer or surveyor and provided to
the Flood Plain Administrator.
3.
All subdivision proposals shall be consistent with the need
to minimize flood damage.
4.
All subdivision proposals shall have public utilities such as
sewer, gas, electrical and water systems located and constructed to
minimize flood damage.
5.
All subdivision proposals shall have adequate drainage provided
to reduce exposure to flood damage.
D.
Standards for Manufactured Homes. 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 home park 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.
These homes shall be elevated on a permanent foundation such
that the lowest floor of the manufactured home is elevated at least
one (1) foot above the base flood elevation and be securely fastened
to an adequately anchored foundation system to resist flotation, collapse,
and lateral movement.
Upon the completion of the construction, 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 Flood Plain Administrator.
E.
Standards for Recreational Vehicles. 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 one hundred eighty (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 subsection 20.52.040 and the elevation and anchoring requirements for manufactured homes in subsection 20.52.060D.
F.
Standards for Storage of Material and Equipment.
1.
The storage or processing of materials that are in time of flooding
buoyant, flammable, explosive or could be injurious to human, animal
or plant life, is prohibited.
2.
Storage of other materials or equipment may be allowed if not
subject to major damage by floods and firmly anchored to prevent flotation
or if readily removable from the area within the time available after
flood warning.
G.
Floodways. Located within areas of special flood hazard established in subsection 20.52.030B are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters, which carry debris, potential projectiles, and erosion potential, the following provisions apply:
1.
Prohibit encroachments, including fill, new construction, substantial
improvement, and other new development unless certification by a registered
professional engineer is provided demonstrating that encroachments
shall not result in any increase in (the base) flood elevation during
the occurrence of the base flood discharge.
2.
If subsection 20.52.060G.1 is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 20-52.
H.
Coastal High Hazard Areas. Within coastal high hazard areas as established under subsection 20.52.030B, the following standards shall apply:
1.
All new construction and substantial improvement 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 level. The pile or column foundation
and structure attached thereto is anchored to resist flotation, collapse,
and lateral movement due to the effects of wind and water loads acting
simultaneously on all building components. Water loading values used
shall be those associated with the base flood. Wind loading values
used shall be those required by applicable State or local building
standards.
2.
All new construction and other development shall be located
on the landward side of the reach of the mean high tide.
3.
All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in subsection 20.52.020 of this section. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.
4.
Fill shall not be used for structural support of buildings.
5.
Man-made alteration of sand dunes which would increase potential
flood damage is prohibited.
6.
The Flood Plain Administrator shall obtain and maintain the
following records:
a.
Certification by a registered engineer or architect that a proposed structure complies with subsection 20.52.060H.1; and
b.
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.
