[Ord. #00-02, S1]
a.
Statutory Authorization. The Legislature of the State has, in Government
Code sections 65302, 65560 and 65800, conferred upon local government
units 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 Firebaugh adopts the following flood plain
management regulations.
b.
Findings of Fact.
1.
The flood hazard areas of the city 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 adversely affect the public health, safety
and general welfare.
2.
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.
c.
Statement of 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 provisions
designed to:
1.
Protect human life and health;
2.
Minimize expenditure of public money for costly flood control projects;
3.
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
4.
Minimize prolonged business interruptions;
5.
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;
6.
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;
7.
Ensure that potential buyers are notified that property is in an
area of special flood hazard; and
8.
Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
d.
Methods of Reducing Flood Losses. In order to accomplish its purposes,
this chapter includes methods and provisions to:
1.
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;
2.
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
3.
Control the alteration of natural flood plains, stream channels and
natural protective barriers which help accommodate or channel flood
waters;
4.
Control filling, grading, dredging and other development which may
increase flood damage; and
5.
Prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards
in other areas.
[Ord. #00-02, S1]
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 its most reasonable
application.
a.
ACCESSORY USE – shall mean a use which is incidental and subordinate
to the principal use of the parcel of land on which it is located.
b.
ALLUVIAL FAN – shall mean a geomorphologic feature characterized
by a cone or fan-shaped deposit of boulders, gravel or 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.
c.
APEX – shall mean the point of highest elevation on an alluvial
fan, which on an undisturbed alluvial fan is generally the point where
the major stream that formed the fan emerges from the mountain front.
d.
APPEAL – shall mean a request for a review of the flood plain administrator's interpretation of any provision of this chapter pursuant to subsection 8.7-4d.
e.
AREA OF SHALLOW FLOODING – shall mean a designated AO or AH
Zone on the Flood Insurance Rate Map (FIRM). The base flood depths
range from one to three 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.
f.
AREA OF SPECIAL FLOOD HAZARD – See "Special flood hazard area,"
below.
g.
BASE FLOOD – shall mean a flood which has a 1% chance of being
equaled or exceeded in any given year (also called the "100-year flood").
Base flood is the term used throughout this chapter.
h.
BASEMENT – shall mean any area of the building having its floor
subgrade (i.e., below ground level) on all sides.
i.
BUILDING – see "Structure" below.
j.
DEVELOPMENT – shall mean any manmade 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.
k.
ENCROACHMENT – shall mean 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.
l.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION – shall mean
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
this chapter.
m.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION –
shall mean the preparation of additional sites in an existing manufactured
home park or subdivision 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).
n.
FLOOD, FLOODING, OR FLOOD WATER – shall mean:
1.
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
2.
The condition resulting from flood-related erosion.
o.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) – shall mean 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.
p.
FLOOD HAZARD BOUNDARY MAP – shall mean the official map on
which the Federal Emergency Management Agency or Federal Insurance
Administration has delineated the areas of flood hazards.
q.
FLOOD INSURANCE RATE MAP (FIRM) – shall mean 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 city.
r.
FLOOD INSURANCE STUDY – shall mean 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.
s.
FLOOD PLAIN OR FLOOD-PRONE AREA – shall mean any land area
susceptible to being inundated by water from any source. See also
"Flooding," above.
t.
FLOOD PLAIN ADMINISTRATOR – shall mean the city manager or
his designee, who shall be the individual authorized to administer
and enforce the city's flood plain management regulations.
u.
FLOOD PLAIN MANAGEMENT – shall mean 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.
v.
FLOOD PLAIN MANAGEMENT REGULATIONS – shall mean this chapter,
other zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as grading and
erosion control) and other police power regulations and standards
which control development in flood-prone areas. This term describes
Federal, State or local regulations or any combination thereof which
provide standards for preventing and reducing flood loss and damage.
w.
FLOODPROOFING – shall mean 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 or 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 floodproofing.)
x.
FLOODWAY OR "REGULATORY FLOODWAY – shall mean 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 foot.
y.
FLOODWAY FRINGE – shall mean that area of the flood plain on
either side of the regulatory floodway where encroachment may be permitted.
z.
FRAUD AND VICTIMIZATION, as related to subsection 8.7-6, "Variances," of this chapter, – shall mean that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city council will consider the fact that every newly constructed building adds to government responsibilities and will remain 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 the property unaware that it is subject to potential flood damage and can be insured only at very high flood insurance rates.
aa.
GOVERNING BODY – shall mean the city council, the governing
body of the city that is empowered to adopt and implement regulations
to provide for the public health, safety and general welfare of its
citizenry.
bb.
HARDSHIP, as related to subsection 8.7-6, "Variances," of this chapter, – shall mean the exceptional hardship that would result from a failure to grant the requested variance. The grant of a variance must be supported by findings, based on substantial evidence in the record, that the hardship requiring a variance is caused by circumstances that are exceptional, unusual and peculiar to the property involved. Mere economic or financial hardship alone will not qualify as exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences or the disapproval of one's neighbors also will not qualify as exceptional hardship. All of these problems can be resolved through other means without granting a variance.
cc.
HIGHEST ADJACENT GRADE – shall mean the highest natural elevation
of the ground surface next to the proposed walls of a structure prior
to construction.
dd.
HISTORIC STRUCTURE – shall mean any structure that is:
1.
Listed individually in the National Register of Historic Places (a
listing maintained by the United States Department of Interior) or
preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
2.
Certified or preliminarily determined by the United States 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;
3.
Individually listed on a State inventory of historic places in the
State under a State preservation program which has been approved by
the United States Secretary of the Interior; or
4.
Individually listed on a local inventory of historic places in the
city under a State preservation program that has been certified either
by an approved State program as determined by the United States Secretary
of the Interior, or directly by the United States Secretary of the
Interior if the State does not have an approved program.
ee.
LEVEE – shall mean 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 as to
provide protection from temporary flooding.
ff.
LEVEE SYSTEM – shall mean 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 accordance
with sound engineering practices.
gg.
LOWEST FLOOR – shall mean the lowest floor of the lowest enclosed
area, including a basement, if any. See also "Basement," above. For
purposes of this chapter, 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 wet floodproofing standard in subsection 8.7-5a3(c);
hh.
MANUFACTURED HOME – shall mean 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 facilities. The term "manufactured home" does not
include a recreational vehicle. See "Recreational vehicle," below.
ii.
MANUFACTURED HOME PARK OR SUBDIVISION – shall mean a parcel
(or contiguous parcels) of land divided into two or more manufactured
home lots for rent or sale.
jj.
MARKET VALUE – shall mean the estimated cost to replace the
structure in new condition, adjusted 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.
kk.
MEAN SEA LEVEL – shall mean, 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 the city's
Flood Insurance Rate Map are referenced.
ll.
NEW CONSTRUCTION, for flood plain management purposes, – shall
mean 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.
mm.
NEW MANUFACTURED HOME PARK OR SUBDIVISION – shall mean 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 this chapter.
nn.
OBSTRUCTION – shall mean, 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.
oo.
100-YEAR FLOOD – see "Base flood," above.
pp.
PUBLIC SAFETY AND NUISANCE, as related to subsection 8.7-6, "Variances," of this chapter, – shall mean that the granting of a variance must not result in anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or which unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
qq.
RECREATIONAL VEHICLE – shall mean a vehicle which is:
1.
Built on a single chassis;
2.
Four hundred square feet or less when measured at the largest horizontal
projection;
3.
Designed to be self-propelled or permanently towable by a light-duty
truck; and
4.
Not designed primarily for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
rr.
REGULATORY FLOODWAY – shall mean 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 foot.
ss.
REMEDY A VIOLATION – shall mean 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. Methods to reduce impacts shall 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 local, State or Federal financial
exposure with regard to the structure or other development.
tt.
RIVERINE – shall mean relating to, formed by or resembling
a river (including tributaries), stream, brook, etc.
uu.
SHEET FLOW AREA – see "Area of shallow flooding," above.
vv.
SPECIAL FLOOD HAZARD AREA (SFHA) – shall mean an area in the
flood plain subject to a 1% or greater chance of flooding in any given
year. A special flood hazard area is shown on an FHBM or FIRM as Zone
A, AO, A1-A30, AE, A99 or AH.
ww.
START OF CONSTRUCTION, as related to new construction or other proposed
substantial improvement to property, – shall mean the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement or other
improvement is within 180 days after the date the permit was issued.
The actual start means either the 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. Permanent construction shall not include (i)
land preparation, such as clearing, grading and filling, (ii) the
installation of streets and/or walkways, (iii) excavation for a basement,
footings, piers or foundations, or the erection of temporary forms,
or (iv) 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.
xx.
STRUCTURE – shall mean a walled and roofed building that is
principally above ground; this includes a gas or liquid storage tank
or a manufactured home.
yy.
SUBSTANTIAL DAMAGE – shall mean damage of any origin sustained
by a structure whereby the cost of restoring the structure to its
condition before the damage would equal or exceed 50% of the market
value of the structure before the damage occurred.
zz.
SUBSTANTIAL IMPROVEMENT – shall mean any reconstruction, rehabilitation,
addition or other proposed development work on an existing structure,
the cost of which equals or exceeds 50% 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:
1.
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
2.
Any alteration of State structure, provided that the alteration will
not preclude the structure's continued designation as State structure.
aaa.
VARIANCE – shall mean a grant of relief from the requirements of this chapter pursuant to subsection 8.7-6, which permits construction in a manner that would otherwise be prohibited by this chapter.
bbb.
VIOLATION – shall mean the failure of a structure or other
development to be fully compliant with this chapter. A structure or
other development without the elevation certificate, other certifications
or other evidence of compliance required in this chapter shall be
presumed to be in violation until such time as the required documentation
is provided.
ccc.
WATER SURFACE ELEVATION – shall mean 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.
ddd.
WATERCOURSE – shall mean a lake, river, creek, stream, wash,
arroyo, channel or other topographic feature on or over which waters
flow at least periodically. Watercourse includes areas specifically
designated by the flood plain administrator as areas in which substantial
flood damage may occur.
[Ord. #00-02, S1]
[Ord. #00-02, S1]
a.
Lands to Which This Chapter Applies. This chapter shall apply to
all special flood hazard areas within the jurisdiction of the city.
b.
Basis for Establishing the Special Flood Hazard Areas. The special
flood hazard areas identified by the Federal Insurance Administration
(FIA) of the Federal Emergency Management Agency (FEMA) in the Flood
Insurance Study (FIS) dated November 20, 1999, and accompanying Flood
Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs),
dated April 20, 1999, and all subsequent amendments and/or revisions,
are hereby adopted by reference and declared to be a part of this
chapter. The 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 flood plain administrator. The FIS, FIRMs
and FBFMs are on file at the office of the city clerk, Firebaugh City
Hall, 1575 Eleventh Street, Firebaugh, California 93622.
c.
Compliance. No structure or land shall hereafter be constructed,
located, extended, converted or altered without full compliance with
the terms of this chapter and other applicable regulations. Violation
of the requirements of this chapter (including violation of conditions
imposed hereunder and safeguards established in connection with such
conditions) 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.
d.
Abrogation and Greater Restrictions. This chapter is not intended
to repeal, abrogate or impair any other chapter, code, development
regulations, or existing easements, covenants or deed restrictions.
This chapter shall be in addition to and without limitation on any
other applicable chapter, code or development regulation. However,
where this chapter and another chapter, code, regulation, 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 chapter 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 manmade or natural causes. This chapter shall not be
deemed to imply that land outside the special flood hazard areas 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, the city council, any officer or employee of the city, the flood
plain administrator, the State, the Federal Insurance Administration
or the Federal Emergency Management Agency for any flood damages that
result notwithstanding compliance with or reliance on this chapter
or any administrative decision lawfully made hereunder.
g.
Severability. This chapter and the various parts thereof are hereby
declared to be severable. Should any section of this chapter be declared
by a court having jurisdiction 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.
[Ord. #00-02, S1]
a.
Establishment of Development Permit. A development permit shall be obtained before any construction or other development begins within any special flood hazard area established in subsection 8.7-3b. Application for a development permit shall be made on forms furnished by the flood plain administrator and shall include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; and a description of all existing or proposed structures, fill, storage of materials and drainage facilities, and the location of the foregoing. Specifically, all the following information shall be provided, at a minimum:
1.
Site plan, including but not limited to:
(a)
For all proposed structures, spot ground elevations at building
corners and twenty-foot or smaller intervals along the foundation
footprint, or one-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.
2.
Foundation design detail, including but not limited to:
(a)
Proposed elevation of the lowest floor (including basement) of all structures in relation to the City of Firebaugh Datum, which requires that 2.38 feet be added to the base flood elevation or other elevation specified by FEMA on the city's Flood Insurance Rate Map (FIRM) or otherwise established under subsection 8.7-5c2; and
(b)
For a crawl-space foundation, location and total net area of
foundation openings as required in subsection 8.7-5a3(c) of this chapter
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 95% using the Standard Proctor
Test method).
3.
Proposed elevation, in relation to the City of Firebaugh Datum (which requires that 2.38 feet be added to the base flood elevation or other elevation specified by FEMA on the city's Flood Insurance Rate Map (FIRM) or otherwise established under subsection 8.7-5c2), to which any nonresidential structure will be floodproofed, as required in subsection 8.7-5a3(b) of this chapter and FEMA Technical Bulletin TB 3-93.
5.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development. A development permit
described in this subsection shall be in addition to any other permit
required in connection with the development under applicable law,
including without limitation the zoning ordinance, the city's
subdivision ordinance, the city's building code or any other
applicable Federal, State or local law, ordinance or regulation. Issuance
of a development permit under this subsection shall not waive the
requirement to obtain such other permits required for the development.
Any development granted under this chapter shall contain a statement
to such effect.
b.
Designation of the Flood Plain Administrator. The city manager is
hereby appointed as the flood plain administrator to administer, implement
and enforce this chapter by granting or denying development permits
in accord with its provisions; provided that the city manager may
from time to time designate another officer or employee of the city,
as he deems appropriate, to serve as flood plain administrator.
c.
Duties and Responsibilities of the Flood Plain Administrator. The
duties and responsibilities of the flood plain administrator shall
include, but not be limited to, the following:
1.
Permit review. The flood plain administrator shall review all development
permits to determine that:
(a)
Permit requirements of this chapter have been satisfied,
(b)
All other required State and Federal permits have been obtained,
(c)
The site is reasonably safe from flooding, and
(d)
The proposed development will 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 chapter,
"adversely affect" means 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 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 8.7-3b, the flood plain 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 subsection 8.7-5. If the flood plain administrator deems appropriate, he shall submit any such information to the city council for consideration for adoption.
(b)
If no base flood elevation data is available from a Federal or State agency or other source as described in paragraph (a), then a base flood elevation shall be obtained using one of the following methods from the FEMA publication, "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations," dated July 1995, in order to administer Section 8.7-5:
(1)
Simplified method.
3.
Notification of other agencies. If the city proposes to alter or
relocate a watercourse, the flood plain administrator shall:
(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)
Implement actions designed to assure that the flood carrying
capacity within the altered or relocated portion of the watercourse
is maintained.
4.
Documentation of flood plain development. The flood plain administrator
shall obtain and maintain for public inspection and make available,
as needed, the following:
5.
Map determinations. The flood plain administrator shall make interpretations, where needed, as to the exact location of the boundaries of the special flood hazard areas. 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. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection 8.7-4d.
d.
Appeals.
The city council shall hear and decide appeals when it is alleged
there is an error in any requirement, decision or determination made
by the flood plain administrator in the enforcement or administration
of this chapter. Appeals shall be conducted according to the procedure
for appeals to the city council with respect to site plans, as set
forth in subsection 25-4.6e of the zoning ordinance.
[Ord. #00-02, S1]
a.
Standards of Construction.
In all special flood hazard areas, the following standards shall
be required:
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.
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 an AH or AO Zone, 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. Refer to section 8.7-2 definitions of "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement."
(a)
Residential construction (new construction or substantial improvement)
shall have the lowest floor, including basement,
(1)
In an AO Zone, elevated above the highest adjacent grade to
a height at least 2.38 feet above the depth number specified in feet
on the FIRM, or elevated at least 2.38 feet above the highest adjacent
grade if no depth number is specified; provided that in an AO Zone
without velocity, the flood plain administrator may require that the
lowest floor be elevated above the highest adjacent grade to a height
exceeding the depth number specified in feet on the FIRM by at least
2.38 feet, or elevated at least four feet above the highest adjacent
grade if no depth number is specified;
(3)
In all other zones, elevated at least 2.38 feet 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 city building inspector to
be properly elevated. Such certification and verification shall be
provided to the flood plain administrator.
(b)
Nonresidential construction (new construction or substantial
improvement) shall either be elevated to conform with paragraph 3(a)
of this subsection or, together with attendant utility and sanitary
facilities,
(1)
Be floodproofed below the elevation recommended under paragraph
3(a) of this subsection 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 paragraph 3(b) of this subsection are satisfied.
Such certification shall be provided to the flood plain administrator.
(c)
All new construction and substantial improvements 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 shall exceed the following criteria:
(1)
Have a minimum of two openings having a total net area of not
less than one square inch for every square foot of enclosed area subject
to flooding. The bottom of all openings shall be no higher than one
foot above grade. Openings may be equipped with screens, louvers,
valves or other coverings or devices, provided that such coverings
or devices permit the automatic entry and exit of floodwater; or
(2)
Be certified by a registered professional engineer or architect.
b.
c.
Standards for Subdivisions.
1.
All preliminary subdivision proposals shall identify the special
flood hazard area and the base flood elevation.
2.
All subdivision plans shall 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, which certification shall be 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 and facilities
such as sewer, gas, electrical and water systems located and constructed
to minimize flood damage.
5.
All subdivisions shall provide adequate drainage to reduce exposure
to flood hazards.
d.
Standards for Manufactured Homes.
1.
All manufactured homes that are placed or substantially improved
within the A1-30, AH and AE Zones on the city's Flood Insurance
Rate Map on sites located:
(a)
Outside of a manufactured home park or subdivision,
(b)
In a new manufactured home park or subdivision,
(c)
In an expansion to an existing manufactured home park or subdivision,
or
(d)
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, shall be elevated on a permanent foundation
such that the lowest floor of the manufactured home is elevated at
least 2.38 feet above the base flood elevation and be securely fastened
to an adequately anchored foundation system to resist flotation, collapse
and lateral movement.
2.
All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH or AE on the city's Flood Insurance Rate Map that are not subject to the provisions of subsection 8.7-5d1 shall be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement, and be elevated so that either:
(a)
The lowest floor of the manufactured home is at least 2.38 feet
above the base flood elevation, or
(b)
The manufactured home chassis is supported by rein-forced piers
or other foundation elements of at least equivalent strength that
are no less than 36 inches in height above grade.
Upon 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 city's 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 city's Flood Insurance Rate Map shall either:
1.
Be on the site for fewer than 180 consecutive days, be fully licensed
and ready for highway use. A recreational vehicle shall be 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
f.
Floodways.
Located within special flood hazard areas established under subsection 8.7-3b, are areas designated as floodways. Since a floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles and erosion potential, the following provisions shall apply:
1.
There shall be no encroachment on a floodway, including fill, new
construction, substantial improvement or other new development, unless
certification by a registered professional engineer is provided demonstrating
that the encroachment will not result in any increase in the base
flood elevation during the occurrence of the base flood discharge.
[Ord. #00-02, S1]
a.
Nature of Variances.
1.
The variance criteria set forth in this Section 8.7-6 are based on the general principle of zoning law that a variance pertains to a piece of property and is 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 characteristics must pertain to the land itself, not to the structure, its inhabitants or the property owners.
2.
The need for the city to help protect its citizens from flooding
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 in this chapter will be strictly
limited and granted only rarely.
b.
Variance Procedures. Application for a variance shall be filed with,
heard and decided by the city's planning and zoning commission
according to the procedures set forth in subsections 25-4.4b, c and
e of the zoning ordinance. Decisions of the commission shall be subject
to appeal to the city council according to the procedures set forth
in subsection 25-4.4f.
c.
Consideration of Variance Applications.
1.
In passing upon applications for variances, the commission and, on
appeal, the city council shall consider all technical evaluations,
all relevant factors, standards specified in other sections of this
chapter, and all of the following:
(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 structure or other improvement
and its contents to flood damage and the effect of such damage on
the existing owner and future owners of the property;
(d)
The importance of the services provided by the proposed structure
or other improvement to the community;
(e)
The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(f)
Compatibility of the proposed use with existing and anticipated
development on the property and surrounding properties;
(g)
Relationship of the proposed use to the comprehensive plan and
flood plain management program for that area;
(h)
Safety of access to the property in time of flood for ordinary
and emergency vehicles;
(i)
Expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters expected at the site; and
(j)
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 systems, streets
and bridges.
2.
Any applicant to whom a variance is granted shall be given written
notice, signed by the flood plain administrator, that
(a)
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
(b)
Such construction below the base flood level increases risks
to life and property.
The flood plain administrator is authorized to cause a copy
of the notice to be recorded in the office of the Fresno County Recorder
so that it appears in the chain of title of the affected parcel of
land.
3.
The flood plain administrator shall maintain a record of all variances
issued, including justification for their issuance, and shall report
such variances issued in the city's biennial report submitted
to the Federal Insurance Administration, Federal Emergency Management
Agency.
d.
Conditions for Variances.
1.
Generally, variances may be issued for new construction, substantial improvement and other proposed new development to be erected on a lot or parcel of 1/2 acre or less in size contiguous to and surrounded by lots or parcels with existing structures constructed below the base flood level, subject to compliance with all applicable procedures and requirements (except as modified by the approved variance) of this section and subsections 8.7-4 and 8.7-5 of this chapter. Because the threat to public safety from flooding increases as the lot or parcel size increases, the technical requirements and evidence required to justify issuing a variance shall increase as the lot or parcel size increases beyond 1/2 acre.
2.
A variance may be issued for the repair or rehabilitation of an historic structure (as defined in subsection 8.7-2 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.
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 be issued only 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
commission or, upon appeal, 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 commission
or city council believes will both provide relief and be as consistent
as feasible with this chapter.
5.
Variances shall only be issued upon the following, which shall be
based on written findings supported by substantial evidence in the
record:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result in exceptional hardship (as defined in subsection 8.7-2 of this chapter) 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 a nuisance (as defined in subsection 8.7-2; see "Public Safety or Nuisance"), cause fraud or victimization (as defined in section 8.7-2) of the public, or conflict with existing local laws or ordinances.
