A.
The flood hazard areas of the City of Roseville
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.
B.
These flood losses are caused by the cumulative
effect of obstructions in areas of special flood hazards which increase
flood heights and velocities, and when inadequately anchored, damage
uses in other areas. Uses that are inadequately floodproofed, elevated
or otherwise protected from flood damage also contribute to the flood
loss.
(Ord. 2374 §
1, 1990; Ord. 3066 § 1, 1997)
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:
A.
To protect human life and health;
B.
To minimize expenditure of public money
for costly flood control projects;
C.
To minimize the need for rescue and relief
efforts associated with flooding and generally undertaken at the expense
of the general public;
D.
To minimize prolonged business interruptions;
E.
To minimize damage to public facilities
and utilities such as water and gas mains, electric, telephone and
sewer lines, streets and bridges located in areas of special flood
hazard;
F.
To 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 flood blight areas;
G.
To insure that potential buyers are notified
that property is in an area of special flood hazard; and
H.
To insure that those who occupy the areas
of special flood hazard assume responsibility for their actions.
(Ord. 2374 §
1, 1990; Ord. 3066 § 1, 1997)
In order to accomplish its purposes,
this chapter includes methods and provisions for:
A.
Restricting or prohibiting 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;
B.
Requiring that uses vulnerable to floods,
including facilities which serve such uses, be protected against flood
damage at the time of initial construction;
C.
Controlling the alteration of natural floodplains,
stream channels, and natural protective barriers, which help accommodate
or channel flood waters;
D.
Controlling fill, grading, dredging, and
other development which may increase flood damage; and
E.
Preventing or regulating the construction
of flood barriers which will unnaturally divert flood waters or which
may increase flood hazards in other areas.
(Ord. 2374 §
1, 1990; Ord. 3066 § 1, 1997)
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. It is specifically acknowledged that
several terms in this chapter are defined differently in other ordinances
of the City of Roseville.
means a use which is incidental and subordinate to the primary
use of the parcel of land on which it is located.
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 beyond
the tolerance of the flood model. This is considered to be one-tenth
of one foot or more at any point off site of the property that is
owned or controlled by the project developer.
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 floodplain administrator’s
interpretation of any provision of this chapter or a request for a
variance.
means 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.
is the land within a community which is most likely to be
subject to severe flood-related erosion losses. The area may be designated
as Zone E on the Flood Insurance Rate Map (FIRM).
See “Special flood hazard area.”
means the placement of fill material within a specified depression,
hole or excavation pit below the surrounding adjacent ground level
as a means of improving flood water conveyance or to restore the land
to the natural contours existing prior to excavation.
means the flood having a one percent chance of being equaled
or exceeded in any given year (also called the “100-year flood”).
means the height of the base flood in relation to the National
Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified).
means any area of the building having its floor subgrade
(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 flood waters. A breakaway wall shall
have a safe design loading resistance of not less than 10 and no more
than 20 pounds per square foot. Use of breakaway walls must be certified
by a registered engineer or architect and shall meet the following
conditions:
See “Structure.”
means an integral and readily identifiable part of a flood
protection system, without which the flood protection provided by
the entire system would be compromised.
means the border on either a Flood Hazard Boundary Map or
Flood Insurance Rate Map that delineates the special flood, mudslide
(i.e., mudflow) and/or flood-related erosion hazard areas and consists
of a curved or contour line that follows the topography.
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 or materials.
means the advance or infringement of uses, plant growth,
fill, excavation, buildings, permanent structures or development into
a floodplain which may impede or alter the flow capacity of a floodplain.
means the process of the gradual wearing away of land masses.
This peril is not per se covered under the National Flood Insurance
Program.
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 before the effective
date of the floodplain management regulations adopted by a community.
means the preparation of additional sites 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).
is the placement of fill material at a specified location
to bring the ground surface up to a desired elevation.
can be natural sand, dirt, soil or rock. For the purposes
of floodplain management, fill material may include concrete, cement,
soil cement, brick or similar material as approved on a case-by-case
basis.
means:
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) which
are proximately caused by flooding as defined in subsection (1)(b)
of this definition and are akin to a river of liquid and flowing mud
on the surfaces of normally dry land areas, as when earth is carried
by a current of water and deposited along the path of the current;
and
The collapse or subsidence of land
along the shore of a lake or other body of water as a result of erosion
or undermining caused by waves or currents of water exceeding anticipated
cyclical levels 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 flash flood or an abnormal
tidal surge, or by some similarly unusual and unforeseeable event
which results in flooding as defined in subsection (1)(b) of this
definition.
means a determination by the administrator of the water surface
elevations of the base flood, that is, the flood level that has a
one percent or greater chance of occurrence in any given year.
means an examination, evaluation and determination of flood
hazards and, if appropriate, corresponding water surface elevations,
or an examination, evaluation and determination of mudslide (i.e.,
mudflow) and/or flood-related erosion hazards.
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 and Floodway Map, and the water surface elevation
of the base flood.
means the area covered by the floodway and floodway fringe.
means any land area susceptible to being inundated by water
from any source (see definition of “flooding”).
is the community development director or other individual
appointed by the city manager to administer and enforce the floodplain
management regulations.
means the operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited
to emergency preparedness plans, flood control works and floodplain
management regulations.
means zoning ordinances, subdivision regulations, building
codes health regulations, special purpose ordinances (such as floodplain
management regulations).
means those physical structural works for which funds have
been authorized, appropriated, and expended and which have been constructed
specifically to modify flooding in order to reduce the extent of the
area within a community subject to a “special flood hazard”
and the extent of the depths of associated flooding. Such a system
typically includes hurricane tidal barriers, dams, reservoirs, levees
or dikes. These specialized flood modifying works are those constructed
in conformance with sound engineering standards.
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.
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 levels
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, floodrelated erosion
control works, and floodplain management regulations.
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 foot. Also referred to as “regulatory floodway.”
(Note: this is not the same as “floodway” as defined by
the Zoning Ordinance.)
is the areas of a floodplain on either side of the designated
floodway. (Note: this is not the same as “floodway fringe”
as defined by the Zoning Ordinance.)
related to Section 9.80.300 et seq., “variances,” of this chapter means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the variance board will consider the fact that every newly constructed building adds to government responsibilities and remains 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.
means a factor of safety usually expressed in feet above
a flood level for purposes of floodplain management. “Freeboard”
tends to compensate for the many unknown factors that could contribute
to flood heights greater than the height calculated for a selected
size flood and floodway conditions, such as wave action, bridge openings,
and the hydrological effect of urbanization of the watershed.
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, but does not include long-term storage
or related manufacturing facilities.
as related to Section 9.80.300 et seq., “variances,” of this chapter, means the hardship that would result from a failure to grant the requested variance. The hardship must involve circumstances that are 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 exceptional hardships. All of these problems can be resolved through other means, without granting a variance. This is so even if the alternative means are more expensive or complicated than building with a variance, or if they require the property owner to put the parcel to a different use than originally intended, or to build elsewhere.
means the highest natural elevation of the ground surface
next to the foundation 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 registered
historic district;
Individually listed on a state inventory
of historic places in states with historic places in states with historic
preservation programs which have been approved by the Secretary of
Interior; or
Individually listed on a local inventory
of historic places in communities with historic preservation programs
that have been certified either:
means a permitted location for the disposal, placement or
dumping of garbage, trash, debris, junk or waste material.
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.
An unfinished or flood resistant
enclosure below the lowest floor, that is usable solely for the 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:
The wet floodproofing standard contained in Section 9.80.160(C)(3);
The anchoring standards contained in Section 9.80.160(A);
The construction materials and methods standards contained in Section 9.80.160(B);
The standards for utilities in Section 9.80.170.
For residential structures, all subgrade
enclosed areas are prohibited as they are considered to be basements.
|
This prohibition includes below-grade
garages and storage areas.
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means 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 utilities.
The term “manufactured home” does not include a “recreational
vehicle.”
means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance
Rate Map (FIRM) for a community issued by the Flood Insurance Administration,
Federal Emergency Management Agency.
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.
related to Section 9.80.300 et seq., “variances,” of this chapter, means the minimum necessary to afford relief to the applicant of a variance with a minimum deviation from the requirements of this chapter. In the case of variances to an elevation requirement, this means the planning commission need not grant permission for the applicant to build at grade, for example, or even to whatever elevation the applicant proposes, but only that level that the planning commission believes will both provide relief and preserve the integrity of this chapter.
for floodplain management purposes, means structures for
which the “start of construction” commenced on or after
the effective date of a floodplain management regulation adopted by
a 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 the ordinance codified in this chapter.
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 flood which has a one percent annual probability
of being equaled or exceeded. It is identical to the “base flood,”
which will be the term used throughout this chapter.
as related to Section 9.80.300 et seq., “variances,” of this chapter, means the granting of a variance must not result in additional threats to public safety or create nuisances. This chapter is intended to help protect the health, safety, well-being, and property of the local citizens. This is a long-range community effort made up of a combination of approaches such as adequate drainage systems, warning and evacuation plans, and keeping new property above the flood levels. These long-term goals can only be met if exceptions to the requirements of this chapter are kept to a bare minimum.
means a vehicle which is:
Built on a single chassis;
Four hundred 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 a designated height.
means to bring the structure or other development into compliance
with state or local floodplain management regulations, or, if this
is not practicable, to reduce the impacts of noncompliance. Ways that
impacts may be reduced include protecting the structure or other affected
development from flood damages, implementing the enforcement provisions
of this chapter 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.
See “Area of shallow flooding.”
means an area having special flood or flood-related erosion
hazards, and shown on an FHBM or FIRM as Zone A, AO, Al-A30, AE, A99,
or AH. SFHA may also be designated by the City of Roseville engineering
division for riverines not shown on the FIRM, when a hydraulic study
has defined the base flood elevations and the area of inundation.
This would cover most riverines with a watershed over 300 acres.
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 180 days from the date
of the permit. 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 manufacture 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 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.
means a walled and roofed building, including a gas or liquid
storage tank, that is principally above ground, as well as 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 50 percent of the market value of the structure
before the damage occurred.
means any reconstruction, rehabilitation, addition, repair
of damage, or other proposed new development of a structure, the cost
of which equals or exceeds 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 (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 a historic structure, provided that the alteration
will not preclude the structure’s continued designation as a
historic structure. The value used to determine substantial improvements
or substantial damage will be based on all improvements made to a
structure over the prior 10-year period, but will not include any
improvements that were commenced under a valid permit prior to January
1, 1997.
means a grant of relief from the requirements of this chapter
which permits construction in a manner that would otherwise be prohibited
by this chapter.
means 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 by this chapter is presumed not to
be in compliance 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 floodplains 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. 2374 §
1, 1990; Ord. 3066 § 1, 1997; Ord. 4297 § 1,, 2005)
This chapter shall apply to all areas
of special flood hazards and areas of flood-related erosion hazards
within the jurisdiction of the City of Roseville.
(Ord. 2374 §
1, 1990; Ord. 3066 § 1, 1997)
The areas of special flood hazard
identified by the Federal Insurance Administration (FIA) of the Federal
Emergency Management Agency (FEMA) in the Flood Insurance Study September
28, 1989 and the Flood Insurance Rate map (FIRM), dated September
28, 1989 and all subsequent amendments and/or revisions finally adopted
by FEMA, are adopted by reference and declared to be a part of this
chapter. This Flood Insurance Study and attendant mapping is the minimum
area of applicability of this chapter may be supplemented by studies
for other areas which allow implementation of this chapter and which
are recommended to the city council by the floodplain administrator.
This Flood Insurance Rate Map (FIRM) is on file at the office of the
city engineer, 316 Vernon Street, Roseville, California.
(Ord. 2374 §
1, 1990; Ord. 3066 § 1, 1997)
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 (including violations of conditions
and safeguards established in connection with conditions) shall constitute
a public nuisance and shall also be punishable as an infraction or
a misdemeanor in the discretion of the city attorney. Nothing herein
shall prevent the city from taking such lawful action as is necessary
to prevent or remedy any violation.
(Ord. 2374 §
1, 1990; Ord. 3066 § 1, 1997)
This chapter is not intended to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this chapter and another ordinance, easement, covenant,
or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
Where the provisions of this chapter conflict with the provisions of Section 19.18.040 of Chapter 19.18 of Title 19 of the Roseville Municipal Code (the Zoning Ordinance of the City of Roseville) relating to flood prone areas, the more restrictive language shall govern.
(Ord. 2374 §
1, 1990; Ord. 3066 § 1, 1997)
In the interpretation and application
of this chapter, all provisions shall be:
A.
Considered as minimum requirements;
B.
Liberally construed in favor of the city
council; and,
C.
Deemed neither to limit nor repeal any
other powers granted under state statutes.
(Ord. 2374 §
1, 1990; Ord. 3066 § 1, 1997)
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 man-made or natural causes. This chapter does not imply that land
outside the areas of special flood hazards, areas of flood-related
erosion hazards and areas of mudslide (i.e., mudflow) hazards or uses
permitted within such areas will be free from flooding or flood damages.
This chapter shall not create liability on the part of City of Roseville,
any officer or employee thereof, or the Federal Insurance Administration,
Federal Emergency Management Agency, for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made thereunder.
(Ord. 2374 §
1, 1990; Ord. 3066 § 1, 1997)
This chapter and the various parts
thereof are hereby declared to be severable. Should any section of
this chapter be declared by the courts 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. 2374 §
1, 1990; Ord. 3066 § 1, 1997)
A development permit shall be obtained
before any construction or other development begins within any area
of special flood hazard or areas of flood-related erosion hazard.
Application for a development permit shall be made on forms furnished
by the floodplain administrator and may include, but not be limited
to: plans in duplicate drawn to scale showing the nature, location,
dimensions, and elevation of the area in question; existing or proposed
structures, fill, storage of materials, drainage facilities; and the
location of the foregoing. Specifically, the following information
is required:
A.
Proposed elevation in relation to mean
sea level, of the lowest floor (including basement) of all structures.
This includes all of the structure’s support equipment such
as but not limited to electrical, heating, ventilation ductwork, plumbing
and air conditioning equipment and other service facilities that could
be damaged if submerged under water.
B.
Proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofed if required in Section 9.80.160(C)(3);
C.
All appropriate certifications listed in Section 9.80.150(D) of this chapter; and
D.
Description of the extent to which any
watercourse will be altered or relocated as a result of proposed development.
(Ord. 2374 §
1, 1990; Ord. 3066 § 1, 1997; Ord. 4297 § 1, 2005)
The community development director
is hereby appointed to administer and implement this chapter by granting
or denying development permits in accord with its provisions.
(Ord. 2374 §
1, 1990; Ord. 3066 § 1, 1997)
The duties and responsibilities of
the floodplain administrator shall include, but not be limited to:
A.
Permit Review.
1.
Review all development permits to determine
that the permit requirements of this chapter have been satisfied;
2.
All other required state and federal permits
have been obtained;
3.
The site is reasonably safe from flooding;
and
4.
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;
5.
The proposed development is in compliance
with the most current version of the City of Roseville’s development
improvement standards.
B.
Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 9.80.060, the floodplain 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 provisions for flood hazard reduction discussed in Section 9.80.160.
C.
Whenever a watercourse is to be altered
or relocated:
1.
Notify adjacent communities and the California
Department of Water Resources prior to such alternation or relocation
of a watercourse, and submit evidence of such notification to the
Federal Insurance Administration, Federal Emergency Management Agency;
2.
Require that the flood-carrying capacity
of the altered or relocated portion of said watercourse is maintained.
D.
Obtain and maintain for public inspection
and make available as needed:
1.
The certification required by Section 9.80.160(C)(1) (lowest floor elevations);
2.
The certification required by Section 9.80.160(C)(2) (elevations in areas of shallow flooding);
3.
The certification required by Section 9.80.160(C)(3)(c)
(elevation or floodproofing of nonresidential structures);
4.
The certification required by Section 9.80.160(C)(4)(a)
or 9.80.160.(C)(4)(b) (wet floodproofing standard);
6.
The certification required by Section 9.80.200(A) (floodway encroachments);
E.
Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards or areas of flood-related erosion hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 9.80.300 et seq.
(Ord. 2374 §
1, 1990; Ord. 3066 § 1, 1997; Ord. 4297 § 1, 2006)
In all areas of special flood hazards
the following standards shall be met:
A.
Anchoring.
1.
All new construction, substantial improvements,
and other proposed new development 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.
Construction Materials and Methods.
1.
All new construction, substantial improvement
and other proposed new development shall be constructed with materials
and utility equipment resistant to flood damage.
2.
All new construction, substantial improvement
and other proposed new development shall be constructed using methods
and practices that minimize flood damage.
3.
All new construction, substantial improvement
and other proposed new development shall be constructed 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.
4.
Require within Zones AH or AO that adequate
drainage paths around structures on slopes guide flood waters around
and away from proposed structures.
C.
Elevation and Floodproofing.
1.
Residential construction, either new or
substantial improvement, shall have the lowest floor, including basement,
elevated at least two feet above the base flood elevation (BFE). This
includes all non-flood-resistant building material and all of the
structure’s support equipment such as, but not limited to, electrical,
heating, ventilation ductworks, plumbing, and air conditioning equipment
and other service facilities that could be damaged if submerged under
water. The BFE will be provided by the City of Roseville’s floodplain
administrator.
Upon the completion of the structure,
the elevation of the lowest floor including basement and the structure’s
support equipment shall be certified by a registered professional
engineer or a licensed land surveyor, and verified by the floodplain
administrator to be properly elevated.
A deed restriction shall be recorded
with the property that limits the use of the part of the structure
that is below the base flood elevation to parking of vehicles, building
access, or storage, as appropriate under the circumstances as determined
by the public works director.
2.
Nonresidential new construction or substantial improvement shall be elevated to conform with Section 9.80.160(C)(1).
3.
Require, for all new construction, substantial
improvement and other proposed new development, that fully enclosed
areas below the lowest floor that are usable solely for parking of
vehicles, building access or storage in an area other than a basement
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
must either be certified by a registered professional engineer or
architect or meet or exceed the following minimum criteria:
a.
Either 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 shall be provided,
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 they permit the automatic entry
and exit of floodwater); or
b.
Be certified to comply with a local
floodproofing standard approved by the Federal Insurance Administration,
Federal Emergency Management Agency.
D.
Section 1612.3 of the California Building Code is not adopted in favor of Roseville Municipal Code Chapter 9.80.
(Ord. 2374 §
1, 1990; Ord. 3066 § 1, 1997; Ord. 4297 § 1, 2005; Ord. 4888 § 2, 2010)
A.
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.
B.
On-site waste disposal systems shall be
located to avoid impairment to them or contamination from them during
flooding.
C.
Other utilities are addressed at Sections 9.80.160(B) and 9.80.180(D).
(Ord. 2374 §
1, 1990; Ord. 3066 § 1, 1997)
A.
All preliminary subdivision proposals shall
identify the flood hazard area and the base flood elevation that would
affect the property.
B.
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 final pad elevation shall be certified
by a registered professional engineer or surveyor and provided to
the floodplain administrator.
C.
All subdivision proposals shall be consistent
with the need to minimize flood damage.
D.
All subdivision proposals shall have public
utilities and facilities such as sewer, gas, electrical and water
systems located and constricted to minimize flood damage.
E.
All subdivisions shall provide adequate
drainage to reduce exposure to flood hazards.
F.
When developing property that extends into
the city’s regulatory floodplain, the floodplain shall be dedicated
to the city in fee, as a flood water conservation easement, or as
open space, as appropriate under the circumstances as determined by
the public works director. This area shall be shown on the subdivision
map.
(Ord. 2374 §
1, 1990; Ord. 3066 § 1, 1997; Ord. 4297 § 1,, 2005)
A.
All manufactured homes that are placed or substantially improved within a special flood hazard area on sites located (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; or (3) in an expansion to an existing manufactured home park or subdivision shall meet the requirements of Section 9.80.160.
B.
All manufactured homes to be placed or
substantially improved on sites in an existing manufactured home park
or subdivision within a special flood hazard area:
1.
Shall have the lowest floor elevated a
minimum of two feet above the base flood elevation; or
2.
Shall have a chassis supported by reinforced
piers or other foundation elements of at least equivalent strength
that are no less than 36 inches in height above grade and be securely
attached to an adequately anchored foundation system to resist flotation,
collapse and lateral movement.
(Ord. 2374 §
1, 1990; Ord. 3066 § 1, 1997; Ord. 4297 § 1, 2005)
All recreational vehicles placed
on sites within a special flood hazard area will either:
A.
Be on the site for fewer than 180 consecutive
days,
B.
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
(Ord. 2374 §
1, 1990; Ord. 3066 § 1, 1997; Ord. 4297 § 1, 2005)
Located within areas of special flood hazard established in Section 9.80.060 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:
A.
Prohibit encroachments, including fill,
new construction, substantial improvement, and other new development
unless certification by a registered professional engineer that the
encroachments shall not result in any increase in flood levels during
the occurrence of the base flood discharge.
B.
If Section 9.80.210(A) is satisfied, all new construction, substantial improvement and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 9.80.160 et seq.
(Ord. 2374 §
1, 1990; Ord. 3066 § 1, 1997; Ord. 4297 § 1, 2005)
A.
The floodplain administrator shall require
permits for proposed construction and other development within all
flood-related erosion-prone areas as known to the community.
B.
Such permits shall be reviewed to determine
whether the proposed site alterations and improvements will be reasonably
safe from flood-related erosion and will not cause flood-related erosion
hazards or otherwise aggravate the existing hazard.
C.
If a proposed improvement is found to be
in the path of flood-related erosion or would increase the erosion
hazard. such improvement shall be relocated or adequate protective
measures shall be taken to avoid aggravating the existing erosion
hazard.
D.
Within Zone E on the Flood Insurance Rate
Map, a setback is required for all new development from the ocean,
lake, bay, riverfront or other body of water to create a safety buffer
consisting of a natural vegetative or contour strip. This buffer shall
be designated according to the flood-related erosion hazard and erosion
rate, in relation to the anticipated “useful life” of
structures, and depending upon the geologic, hydrologic, topographic
and climatic characteristics of the land. The buffer may be used for
suitable open space purposes, such as for agricultural, forestry,
outdoor recreation and wildlife habitat areas, and for other activities
using temporary and portable structures only.
(Ord. 2274 §
1, 1990; Ord. 3066 § 1, 1997)
The variance criteria set forth in
this section are based on the general principle of zoning law that
variances pertain to a piece of property and are not personal in nature.
A properly issued variance is 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
characteristic must pertain to the land itself, not to the structure,
its inhabitants, or the property owners.
It is the duty of the city to help
protect its citizens from flooding. This need 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 the flood chapter are quite rare. Therefore,
the variance guidelines provided in this chapter are more detailed
and contain multiple provisions that must be met before a variance
can be properly granted. The criteria are designed to screen out those
situations in which alternatives other than a variance are more appropriate.
(Ord. 2374 §
1, 1990; Ord. 3066 § 1, 1997)
A.
The city council of the City of Roseville
shall hear and decide appeals and requests for variances from the
requirements of this chapter. Applications for a variance shall be
made in the usual manner provided for Zoning Ordinance variances and
shall include the standard variance application fee.
B.
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 floodplain administrator in the enforcement
or administration of this chapter.
C.
In passing upon such applications, the
city council shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this chapter, and:
1.
The danger that materials may be swept
onto other lands to the injury of others;
2.
The danger of life and property due to
flooding or erosion damage;
3.
The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on
the existing individual owner and future owners of the property;
4.
The importance of the services provided
by the proposed facility to the community;
5.
The necessity to the facility of a waterfront
location, where applicable;
6.
The availability of alternative locations
for the proposed use which are not subject to flooding or erosion
damage;
7.
The compatibility of the proposed use with
existing and anticipated development;
8.
The relationship of the proposed use to
the comprehensive plan and floodplain management program for that
area;
9.
The safety of access to the property in
time of flood for ordinary and emergency vehicles;
10.
The expected heights, velocity, duration,
rate of rise, and sediment transport of the flood waters expected
at the site; and,
11.
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 systems, and streets and bridges.
D.
Any applicant to whom a variance is granted
shall be given written notice over the signature of a community official
that (1) 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 $25.00 for $100.00 of insurance
coverage and (2) such construction below the base flood level increases
risks to life and property. A copy of the notice shall be recorded
by the floodplain board in the office of the Placer County recorder
and shall be recorded in a manner so that it appears in the chain
of title of the affected parcel of land.
E.
The floodplain 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, Federal Emergency
Management Agency.
(Ord. 2374 §
1, 1990; Ord. 3066 § 1, 1997)
A.
Generally, variances may be issued by the city council for new construction, substantial improvement and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 9.80.130 through 9.80.150, inclusive, have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
B.
Variances may be issued for the repair
or rehabilitation of “historic structures” upon a determination
that the proposed repair or rehabilitation will not preclude the structure’s
continued designation as a historic structure and the variance is
the minimum necessary to preserve the historic character and design
of the structure.
C.
Variances shall not be issued within any
designated floodway if any increase in flood levels during the base
flood discharge would result.
D.
Variances shall only be issued upon a determination
that the variance is the “minimum necessary,” considering
the flood hazard, to afford relief.
E.
Variances shall only be issued upon: (1)
a showing of good and sufficient cause; (2) a determination that failure
to grant the variance would result in exceptional “hardship”
to the applicant; and (3) 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, or conflict
with existing local laws or ordinances.
F.
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 A through E are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
G.
Upon consideration of the factors of Section 9.80.310(C) and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. The decision of the city council shall be final.
(Ord. 2374 §
1, 1990; Ord. 3066 § 1, 1997)
