The Legislature of the state of California 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 does hereby adopt the following floodplain management
regulations.
(Ord. 388, 1987; Ord. 770, 2001)
A. 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.
B. 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.
(Ord. 388, 1987; Ord. 770, 2001)
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:
A. Protect
human life and health;
B. Minimize
expenditure of public money for costly flood control projects;
C. Minimize
the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
D. Minimize
prolonged business interruptions;
E. 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;
F. 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;
G. Ensure
that potential buyers are notified that property is in an area of
special flood hazard; and
H. Ensure
that those who occupy the areas of special flood hazard assume responsibility
for their actions.
(Ord. 388, 1987; Ord. 770, 2001)
In order to accomplish its purposes, this chapter includes methods
and provisions to:
A. 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;
B. Require
that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
C. Control
the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
D. Control
filling, grading, dredging, and other development which may increase
flood damage; and
E. Prevent
or regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards in other areas.
(Ord. 388, 1987; Ord. 770, 2001)
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.
"Accessory use"
means a use which is incidental and subordinate to the principal
use of the parcel of land on which it is located.
"Alluvial fan"
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.
"Apex"
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.
"Appeal"
means a request for a review of the floodplain administrators
interpretation of any provision of this chapter.
"Area of shallow flooding"
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.
"Area of special flood-related erosion hazard"
means 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).
"Base flood"
means a flood which has a one percent chance of being equaled
or exceeded in any given year (also called the one hundred-year flood).
Base flood is the term used throughout this chapter.
"Basement"
means any area of the building having its floor subgrade
(i.e., below ground level) on all sides.
"Breakaway walls"
means any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other
suitable building material which is not part of the structural support
of the building and which is designed to break away under abnormally
high tides or wave action without causing any damage to the structural
integrity of the building on which they are used or any buildings
to which they might be carried by floodwaters. A breakaway wall shall
have a safe design loading resistance of not less than ten and no
more than twenty pounds per square foot. Use of breakaway walls must
be certified by a registered engineer or architect and shall meet
the following conditions:
(a)
Breakaway wall collapse shall result from a water load less
than that which would occur during the base flood, and
(b)
The elevated portion of the building shall not incur any structural
damage due to the effects of wind and water loads acting simultaneously
in the event of the base flood.
"Development"
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.
"Encroachment"
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.
"Existing manufactured home park or subdivision"
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.
"Expansion to an existing manufactured home park or subdivision"
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).
"Flood, flooding, or floodwater"
means:
(a)
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
(b)
The condition resulting from flood-related erosion.
"Flood boundary and floodway map (FBFM)"
means the official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the floodway.
"Flood hazard boundary map"
means the official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated the areas
of flood hazards.
"Flood insurance rate map (FIRM)"
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.
"Flood insurance study"
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.
"Flood-related erosion"
means the collapse or subsidence of land along the shore
of a lake or other body of water as a result of undermining caused
by waves or currents of water exceeding anticipated cyclical level
or suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated force
of nature, such as a flash flood or an abnormal tidal surge, or by
some similarly unusually and unforeseeable event which results in
flooding.
"Flood-related erosion area management"
means the operation of an overall program of corrective and
preventive measures for reducing flood-related erosion damage, including
but not limited to emergency preparedness plans, flood-related erosion
control works, and floodplain management regulations.
"Floodplain management"
means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing,
where possible, natural resources in the floodplain, including but
not limited to emergency preparedness plans, flood control works,
floodplain management regulations, and open space plans.
"Floodplain management regulations"
means this chapter and other zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances
(such as grading and erosion control) and other application of police
power which control development in flood-prone areas. This term describes
federal, state or local regulations in any combination thereof which
provide standards for preventing and reducing flood loss and damage.
"Floodproofing"
means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents. (Refer to FEMA Technical
Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and
wet floodproofing.)
"Floodway"
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.
"Floodway fringe"
means that area of the floodplain on either side of the regulatory
floodway where encroachment may be permitted.
"Fraud and victimization"
as related to Article
V, Variance Procedure, of this chapter," means 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 remains a part of the community for fifty to one hundred 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.
"Functionally dependent use"
means a use which cannot perform its intended purpose unless
it is located or carried out in close proximity to water. The term
includes only docking facilities, port facilities that are necessary
for the loading and unloading of cargo or passengers, and ship building
and ship repair facilities, and does not include long-term storage
or related manufacturing facilities.
"Governing body"
means the local governing unit, i.e. county or municipality,
that is empowered to adopt and implement regulations to provide for
the public health, safety and general welfare of its citizenry.
"Hardship,"
as related to Article
V, Variance Procedure, of this chapter, means the exceptional hardship that would result from a failure to grant the requested variance. The city council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of ones neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
"Highest adjacent grade"
means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
"Historic structure"
means any structure that is:
(a)
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;
(b)
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
(c)
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
(d)
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program as determined by the
Secretary of the Interior or directly by the Secretary of the Interior
in states without approved programs.
"Levee"
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.
"Levee system"
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.
"Lowest floor"
means the lowest floor of the lowest enclosed area, including
basement (see basement definition).
(a)
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 buildings lowest floor provided it conforms to applicable nonelevation
design requirements, including, but not limited to:
(3)
The construction materials and methods standards in Section
15.28.170(B);
(b)
For residential structures, all subgrade enclosed areas are
prohibited as they are considered to be basements (see basement definition).
This prohibition includes below-grade garages and storage areas.
"Manufactured home"
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.
"Market value"
shall be determined by estimating the cost to replace the
structure in new condition and adjusting that cost figure by the amount
of depreciation which has accrued since the structure was constructed.
The cost of replacement of the structure shall be based on a square
foot cost factor determined by reference to a building cost estimating
guide recognized by the building construction industry. The amount
of depreciation shall be determined by taking into account the age
and physical deterioration of the structure and functional obsolescence
as approved by the floodplain 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.
"Mean sea level"
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.
"Mudslide"
means a condition where there is a river, flow or inundation
of liquid mud down a hillside, usually as a result of a dual condition
of loss of brush cover and the subsequent accumulation of water on
the ground, preceded by a period of unusually heavy or sustained rain.
"New manufactured home park or subdivision"
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 floodplain management regulations adopted by this community.
"Obstruction"
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.
"Primary frontal dune"
means a continuous or nearly continuous mound or ridge of
sand with relatively steep seaward and landward slopes immediately
landward and adjacent to the beach and subject to erosion and overtopping
from high tides and waves during major coastal storms. The inland
limit of the primary frontal dune occurs at the point where there
is a distinct change from a relatively mild slope.
"Public safety and nuisance"
as related to Article
V, Variance Procedures, of this chapter," means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
"Recreational vehicle"
means a vehicle which is:
(a)
Built on a single chassis;
(b)
Four hundred square feet or less when measured at the largest
horizontal projection;
(c)
Designed to be self-propelled or permanently towable by a light-duty
truck; and
(d)
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
"Regulatory floodway"
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.
"Remedy a violation"
means to bring the structure or other development into compliance
with state or local floodplain management regulations, or, if this
is not possible, to reduce the impacts of its noncompliance. Ways
that impacts may be reduced include protecting the structure or other
affected development from flood damages, implementing the enforcement
provisions of the ordinance or otherwise deterring future similar
violations, or reducing state or federal financial exposure with regard
to the structure or other development.
"Riverine"
means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
"Sand dunes"
means naturally occurring accumulations of sand in ridges
or mounds landward of the beach.
"Special flood hazard area (SFHA)"
means an area in the floodplain subject to a one percent
or greater chance of flooding in any given year. It is shown on an
FHBM or FIRM as zone A, AO, Al -A3 0, AE, A99, AH, V1-V30, VE or V.
"Start of construction"
includes substantial improvement and other proposed new development
and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within one hundred eighty 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 manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not 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.
"Structure"
means a walled and roofed building that is principally above
ground; this includes a gas or liquid storage tank or a manufactured
home.
"Substantial damage"
means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition
would equal or exceed fifty percent of the market value of the structure
before the damage occurred.
"Substantial improvement"
means any reconstruction, rehabilitation, addition, or other
proposed new development of a structure, the cost of which equals
or exceeds fifty 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:
(a)
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
(b)
Any alteration of a historic structure, provided that the alteration
will not preclude the structures continued designation as a historic
structure.
"Variance"
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.
"Violation"
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 in this chapter is presumed to be
in violation until such time as that documentation is provided.
"Watercourse"
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.
"Water surface elevation"
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.
(Ord. 388, 1987; Ord. 770, 2001)