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 legally enforceable regulations
applied uniformly throughout the community to all publicly and privately
owned land within flood prone, mudslide [i.e., mudflow] or flood-related
erosion areas. These regulations are 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. 1405 § 1, 2009)
In order to accomplish its purposes, this chapter includes regulations
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;
(e) Prevent or regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards
in other areas.
(Ord. 1405 § 1, 2009)
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 structure”
means a structure that is either:
(1)
Solely for the parking of no more than two cars; or
(2)
A small, low cost shed for limited storage, less than one hundred
fifty square feet and one thousand five hundred dollars in value.
“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 a point on an alluvial fan or similar landform below
which the flow path of the major stream that formed the fan becomes
unpredictable and alluvial fan flooding can occur.
“Appeal”
means a request for a review of the floodplain administrator’s
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.
“Base flood”
means a flood which has a one percent 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.
“Base flood elevation (BFE)”
means the elevation shown on the flood insurance rate map
for zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface
elevation resulting from a flood that has a one percent or greater
chance of being equaled or exceeded in any given year.
“Basement”
means any area of the building having its floor subgrade
i.e., below ground level, on all sides.
“Breakaway walls”
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 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:
(1)
Breakaway wall collapse shall result from a water load less
than that which would occur during the base flood; and
(2)
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.
“Coastal high hazard area”
means an area of special flood hazard extending from offshore
to the inland limit of a primary frontal dune along an open coast
and any other area subject to high velocity wave action from storms
or seismic sources. It is an area subject to high velocity waters,
including coastal and tidal inundation or tsunamis. The area is designated
on a flood insurance rate map (FIRM) as zone V1-V30, VE, or V.
“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 1988.
“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 flood water”
means:
(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.
“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 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.
“Floodplain administrator”
is the community official designated by title to administer
and enforce the 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. For guidelines on dry
and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93,
and TB 7-93.
“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”
is that area of the floodplain on either side of the “regulatory
floodway” where encroachment may be permitted.
“Fraud and victimization”
as related to Sections
15.56.230 through
15.56.250 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”
is 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 Sections
15.56.230 through
15.56.250 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 one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
“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:
(1)
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;
(2)
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;
(3)
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of Interior; or
(4)
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).
(1)
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:
(C)
The construction materials and methods standards in Section
15.56.160(b) of this chapter; and
(D)
The standards for utilities in Section
15.56.170 of this chapter.
(2)
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.”
“Mean sea level”
means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929, North American
Vertical Datum (NAVD) of 1988, or other datum, to which base flood
elevations shown on a community’s flood insurance rate map are
referenced.
“New construction,”
for floodplain management purposes, means structures for
which the “start of construction” commenced on or after
1988, and includes any subsequent improvements to such structures.
“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 1988.
“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.
“Program deficiency”
means a defect in a community’s floodplain management
regulations or administrative procedures that impairs effective implementation
of those floodplain management regulations.
“Public safety and nuisance”
as related to Sections
15.56.230 through
15.56.250 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:
(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)
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”
mean 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, A1 A30, 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 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.
“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
improvement 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:
(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.”
“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 ordinance is presumed to be
in violation until such time as that documentation is provided.
“Water surface elevation”
means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988,
or other datum, of floods of various magnitudes and frequencies in
the floodplains of coastal or riverine areas.
“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.
(Ord. 1405 § 1, 2009)
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the city of South San Francisco.
(Ord. 1405 § 1, 2009)
The areas of special flood hazard identified by the Federal
Emergency Management Agency (FEMA) in the “Flood Insurance Study
(FIS) for the City of South San Francisco” dated March 2, 1981,
with accompanying flood insurance rate maps (FIRMs) and flood boundary
and floodway maps (FBFMs), dated September 2, 1981, and all subsequent
amendments and/or revisions, are hereby adopted by reference and declared
to be a part of this chapter. This 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 floodplain administrator.
The study, FIRMs and FBFMs are on file at the office of the city engineer,
City Hall Annex, 315 Maple Avenue, South San Francisco, California
94080.
(Ord. 1405 § 1, 2009)
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) 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.
(Ord. 1405 § 1, 2009)
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.
(Ord. 1405 § 1, 2009)
In the interpretation and application of this chapter, all provisions
shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under
state statutes.
(Ord. 1405 § 1, 2009)
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 ordinance does not imply that land outside the areas of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This ordinance shall not create liability
on the part of city council, any officer or employee thereof, the
state of California, or the Federal Emergency Management Agency, for
any flood damages that result from reliance on this chapter or any
administrative decision lawfully made hereunder.
(Ord. 1405 §1, 2009)
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 ordinance as a whole, or any portion
thereof other than the section so declared to be unconstitutional
or invalid.
(Ord. 1405 § 1, 2009)
The city engineer and city building official are hereby appointed
to administer, implement, and enforce this chapter by granting or
denying development permits in accord with its provisions.
(Ord. 1405 § 1, 2009)
The duties and responsibilities of the floodplain administrator
shall include, but not be limited to the following:
(a) Permit Review. Review all development permits to determine:
(1) Permit requirements of this chapter have been satisfied, including
determination of substantial improvement and substantial damage of
existing structures;
(2) All other required state and federal permits have been obtained;
(3) The site is reasonably safe from flooding;
(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. This means that the cumulative effect of
the proposed development when combined with all other existing and
anticipated development will not increase the water surface elevation
of the base flood more than one foot at any point within the city
of South San Francisco; and
(5) All letters of map revision (LOMRs) for flood control projects are
approved prior to the issuance of building permits. Building permits
must not be issued based on conditional letters of map revision (CLOMRs).
Approved CLOMRs allow construction of the proposed flood control project
and land preparation as specified in the “start of construction”
definition.
(b) Development of Substantial Improvement and Substantial Damage Procedures.
(1) Using FEMA publication FEMA 213, “Answers to Questions About
Substantially Damaged Buildings,” develop detailed procedures
for identifying and administering requirements for substantial improvement
and substantial damage, to include defining “market value.”
(2) Assure procedures are coordinated with other departments/divisions
and implemented by community staff
(c) Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section
15.56.060, 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 Sections
15.56.160 through
15.56.220.
Note: A base flood elevation may be obtained using one of two
methods from the FEMA publication, FEMA 265, “Managing Floodplain
Development in Approximate Zone A Areas – A Guide for Obtaining
and Developing Base (100-year) Flood Elevations” dated July
1995.
(d) Notification of Other Agencies.
(1) Alteration or relocation of a watercourse:
(A) Notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation;
(B) Submit evidence of such notification to the Federal Emergency Management
Agency; and
(C) Assure that the flood carrying capacity within the altered or relocated
portion of said watercourse is maintained.
(2) Base flood elevation changes due to physical alterations:
(A) Within six months of information becoming available or project completion,
whichever comes first, the floodplain administrator shall submit or
assure that the permit applicant submits technical or scientific data
to FEMA for a letter of map revision (LOMR).
(B) All LOMRs for flood control projects are approved prior to the issuance
of building permits. Building permits must not be issued based on
conditional letters of map revision (CLOMRs). Approved CLOMRs allow
construction of the proposed flood control project and land preparation
as specified in the “start of construction” definition.
Such submissions are necessary so that upon confirmation of
those physical changes affecting flooding conditions, risk premium
rates and floodplain management requirements are based on current
data.
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(3) Changes in Corporate Boundaries. Notify FEMA in writing whenever
the corporate boundaries have been modified by annexation or other
means and include a copy of a map of the community clearly delineating
the new corporate limits.
(e) Documentation of Floodplain Development. Obtain and maintain for
public inspection and make available as needed the following:
(2) Certification required by Section
15.56.160(c)(2) (elevation or floodproofing of nonresidential structures) of this chapter;
(3) Certification required by Section
15.56.160(c)(3) (wet floodproofing standard) of this chapter;
(4) Certification of elevation required by Section
15.56.180(a)(3) (subdivisions and other proposed development standards) of this chapter;
(5) Certification required by Section 15.210(b) (floodway encroachments)
of this chapter;
(6) Information required by Section
15.56.220(f) (coastal construction standards) of this chapter; and
(7) 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 Emergency Management Agency.
(f) Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section
15.56.150 of this chapter.
(g) Remedial Action. Take action to remedy violations of this chapter as specified in Section
15.56.070 of this chapter.
(h) Biennial Report. Complete and submit biennial report to FEMA.
(i) Planning. Assure the general plan is consistent with floodplain management
objectives herein.
(Ord. 1405 § 1, 2009)
A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section
15.56.060. Application for a development permit shall be made on forms furnished by the city. The applicant shall provide the following minimum information:
(a) Plans in duplicate, drawn to scale, showing:
(1) Location, dimensions, and elevation of the area in question, existing
or proposed structures, storage of materials and equipment and their
location;
(2) Proposed locations of water supply, sanitary sewer, and other utilities;
(3) Grading information showing existing and proposed contours, any proposed
fill, and drainage facilities;
(4) Location of the regulatory floodway when applicable;
(6) Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures; and
(7) Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section
15.56.160(c)(2) of this chapter and detailed in FEMA Technical Bulletin TB 3-93.
(b) Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section
15.56.160(c)(2) of this chapter.
(c) For a crawl-space foundation, location and total net area of foundation openings as required in Section
15.56.160(c)(3) of this ordinance and detailed in FEMA Technical Bulletins 1-93 and 7-93.
(d) Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
(e) All appropriate certifications listed in Section
15.56.130(e)of this chapter.
(Ord. 1405 § 1, 2009)
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.
(Ord. 1405 § 1, 2009)
In all areas of special flood hazards the following standards
are required:
(a) Anchoring. All new construction and substantial improvements of structures,
including manufactured homes, 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. All new construction and substantial
improvements of structures, including manufactured homes, shall be
constructed:
(1) With flood resistant materials, and utility equipment resistant to
flood damage for areas below the base flood elevation;
(2) Using methods and practices that minimize flood damage;
(3) 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
(4) Within zones AH or AO, so that there are adequate drainage paths
around structures on slopes to guide flood waters around and away
from proposed structures.
(c) Elevation and Floodproofing.
(1) Residential construction. All new construction or substantial improvements
of residential structures shall have the lowest floor, including basement:
(A) In AE, AH, A1-30 zones, elevated to or above the base flood elevation;
(B) In an AO zone, elevated above the highest adjacent grade to a height
equal to or exceeding the depth number specified in feet on the FIRM,
or elevated at least two feet above the highest adjacent grade if
no depth number is specified.
(C) In an A zone, without BFEs specified on the FIRM (unnumbered A zone), elevated to or above the base flood elevation; as determined under Section
15.56.130(c) of this chapter.
Upon the completion of the structure, the elevation of the lowest
floor, including basement, shall be certified by a registered civil
engineer or licensed land surveyor, and verified by the community
building inspector to be properly elevated. Such certification and
verification shall be provided to the floodplain administrator.
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(2) Nonresidential construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with Section
15.56.160(c)(1) of this chapter or:
(A) Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under Section
15.56.160(c)(1), so that the structure is watertight with walls substantially impermeable to the passage of water;
(B) Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
(C) Be certified by a registered civil engineer or architect that the standards of Section
15.56.160(c)(2)(A) and (B) of this chapter are satisfied. Such certification shall be provided to the floodplain administrator.
(3) Flood Openings. All new construction and substantial improvements
of structures 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 must meet the following minimum criteria:
(A) For nonengineered openings:
(i)
Have a minimum of two openings on different sides having a total
net area of not less than one square inch for every square foot of
enclosed area subject to flooding;
(ii)
The bottom of all openings shall be no higher than one foot
above grade;
(iii)
Openings may be equipped with screens, louvers, valves or other
coverings or devices provided that they permit the automatic entry
and exit of floodwater; and
(iv)
Buildings with more than one enclosed area must have openings
on exterior walls for each area to allow floodwater to directly enter;
or
(B) Be certified by a registered civil engineer or architect.
(5) Garages and Low Cost Accessory Structures.
(A) Attached garages.
(i)
A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters per Section
15.56.160 (c)(3) of this chapter. Areas of the garage below the BFE must be constructed with flood resistant materials per Section
15.56.160(b) of this chapter.
(ii)
A garage attached to a nonresidential structure must meet the
above requirements or be dry floodproofed. For guidance on below grade
parking areas, see FEMA Technical Bulletin TB-6.
(B) Detached Garages and Accessory Structures.
(i)
“Accessory structures” used solely for parking two-car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in section
15.56.040 of this chapter, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
a.
Use of the accessory structure must be limited to parking or
limited storage;
b.
The portions of the accessory structure located below the BFE
must be built using flood-resistant materials;
c.
The accessory structure must be adequately anchored to prevent
flotation, collapse and lateral movement;
d.
Any mechanical and utility equipment in the accessory structure
must be elevated or floodproofed to or above the BFE;
e.
The accessory structure must comply with floodplain encroachment provisions in Section
15.56.210; and
f.
The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with section
15.56.160(c)(3) of this chapter.
(ii)
Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in section
15.56.160 of this chapter.
(Ord. 1405 § 1, 2009)
Since floodways are an extremely hazardous area due to the velocity
of flood waters which carry debris, potential projectiles, and erosion
potential, the following provisions apply:
(a) Until a regulatory floodway is adopted, no new construction, substantial
development, or other development (including fill) shall be permitted
within zones A1-30 and AE, unless it is demonstrated that the cumulative
effect of the proposed development, when combined with all other development,
will not increase the water surface elevation of the base flood more
than one foot at any point within the city.
(b) Within an adopted regulatory floodway, the city shall prohibit encroachments,
including fill, new construction, substantial improvements, and other
development, unless certification by a registered civil engineer is
provided demonstrating that the proposed encroachment shall not result
in any increase in flood levels during the occurrence of the base
flood discharge.
(c) If Sections
15.56.210(a) and
(b) of this chapter are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Sections
15.56.160 through
15.56.220.
(Ord. 1405 § 1, 2009)
Within coastal high hazard areas, zones V, V1-30, and VE, as established under Section
15.56.060 of this chapter, the following standards shall apply:
(a) All new residential and non-residential construction, including substantial
improvement/damage, shall be elevated on adequately anchored pilings
or columns and securely anchored to such pilings or columns so that
the bottom of the lowest horizontal structural member of the lowest
floor (excluding the pilings or columns) is elevated to or above the
base flood level. The pile or column foundation and structure attached
thereto is anchored to resist flotation, collapse, and lateral movement
due to the effects of wind and water loads acting simultaneously on
all building components. Water loading values used shall be those
associated with the base flood. Wind loading values used shall be
those required by applicable state or local building standards.
(b) All new construction and other development shall be located on the
landward side of the reach of mean high tide.
(c) All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section
15.56.040 of this chapter. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.
(d) Fill shall not be used for structural support of buildings.
(e) Man made alteration of sand dunes which would increase potential
flood damage is prohibited.
(f) The floodplain administrator shall obtain and maintain the following
records:
(1) Certification by a registered engineer or architect that a proposed structure complies with Section
15.56.220(a); and
(2) The elevation (in relation to mean sea level) of the bottom of the
lowest horizontal structural member of the lowest floor (excluding
pilings or columns) of all new and substantially improved structures,
and whether such structures contain a basement.
(Ord. 1405 § 1, 2009)
The issuance of a variance is for floodplain management purposes
only. Insurance premium rates are determined by statute according
to actuarial risk and will not be modified by the granting of a variance.
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 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 characteristic must pertain
to the land itself, not to the structure, its inhabitants, or the
property owners.
It is the duty of the city council 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 ordinance are quite rare. The long term goal of preventing
and reducing flood loss and damage can only be met if variances are
strictly limited. 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. 1405 § 1, 2009)