The legislature of the state has in Government Code Sections
65302, 65560 and 65800 conferred upon local government units authority
to adopt regulations designed to promote the public health, safety
and general welfare of its citizenry. Therefore, the city council
does adopt the following floodplain management regulations.
(Ord. 1179 § 1, 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, 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. 1179 § 1, 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. 1179 § 1, 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. 1179 § 1, 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.
means a use which is incidental and subordinate to the principal
use of the parcel of land on which it is located.
means a geomorphologic feature characterized by a cone or
fan-shaped deposit of boulders, gravel, and fine sediments that have
been eroded from mountain slopes, transported by flood flows, and
then deposited on the valley floors, and which is subject to flash
flooding, high-velocity flows, debris flows, erosion, sediment movement
and deposition and channel migration.
means the point of highest elevation on an alluvial fan,
which on undisturbed fans is generally the point where the major stream
that formed the fan emerges from the mountain front.
means a request for a review of the floodplain administrator's
interpretation of any provision of this chapter.
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.
See "Special flood hazard area."
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.
means the water surface elevation that occurs during the
discharge of the base flood.
means any area of the building having its floor subgrade,
i.e., below ground level-on all sides.
See "Structure."
means any manmade change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials.
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 a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured
home 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).
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); and
The condition resulting from flood-related erosion.
means the official map of which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the floodway.
means the official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated 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 individual appointed to administer and enforce
the floodplain management regulations.
means any land area susceptible to being inundated by water
from any source. See "Flooding."
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.
means this chapter and other zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances
(such as grading and erosion control) and other applications of police
power which control development in flood-prone areas. This term describes
federal, state or local regulations in any combination thereof which
provide standards for preventing and reducing flood loss and damage.
means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents. (Refer to FEMA Technical
Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and
wet floodproofing.)
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."
means the area of the floodplain on either side of the "Regulatory
floodway" where encroachment may be permitted.
as related to Section 8.30.230, Variance procedure and nature of variances, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city council of the city 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.
means a use which cannot perform its intended purpose unless
it is located or carried out in close proximity to water. The term
includes only docking facilities, port facilities that are necessary
for the loading and unloading of cargo or passengers, and ship building
and ship repair facilities, and does not include long-term storage
or related manufacturing facilities.
means the local governing unit, i.e. county or municipality,
that is empowered to adopt and implement regulations to provide for
the public health, safety and general welfare of its citizenry.
as related to Section 8.30.230, Variance procedure and nature of variances, 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.
means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
means any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program as determined by the
Secretary of the Interior or directly by the Secretary of the Interior
in states without approved programs.
means a manmade structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering practices
to contain, control or divert the flow of water so as to provide protection
from temporary flooding.
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 accordance with sound
engineering practices.
means the lowest floor of the lowest enclosed area, including
basement (see "Basement" definition).
An unfinished or flood-resistant enclosure below the lowest
floor that is usable solely for parking of vehicles, building access
or storage in an area other than a basement area, is not considered
a building's lowest floor provided it conforms to applicable nonelevation
design requirements, including, but not limited to:
The wet floodproofing standard in Section 8.30.170(C)(3).
The anchoring standards in Section 8.30.170(A).
The construction materials and methods standards in Section 8.30.170(B).
The standards for utilities in Section 8.30.180.
For residential structures, all subgrade enclosed areas are
prohibited as they are considered to be basements (see "Basement"
definition). This prohibition includes below-grade garages and storage
areas.
means a structure, transportable in one 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.
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 replacements
costs or accrued depreciation factors different from those contained
in recognized building cost estimating guides may be considered only
if such factors are included in a report prepared by an independent
professional appraiser and supported by a written explanation of the
differences.
means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum,
to which base flood elevations shown on a community's flood insurance
rate map are referenced.
for floodplain management purposes, means structures for
which the "start of construction" commenced on or after the effective
date of floodplain management regulations adopted by this community,
and includes any subsequent improvements to such structures.
means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including at a minimum, the installation
of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads) is completed on or after the effective
date of floodplain management regulations adopted by this community.
means and 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.
See "Base flood."
as related to Section 8.30.230, Variance procedure and nature of variances, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin.
means a vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than one foot.
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 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 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, or AH.
means and 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 state
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.
means a walled and roofed building that is principally above
ground; this includes a gas or liquid storage tank or a manufactured
home.
means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition
would equal or exceed fifty percent of the market value of the structure
before the damage occurred.
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:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
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 in this chapter is presumed to be
in violation until such time as that documentation is provided.
means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, (or other datum, where specified) of floods
of various magnitudes and frequencies in the 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. 1179 § 1, 2001)
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the city.
(Ord. 1179 § 1, 2001)
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 (FIS) dated December 5,
1989 and accompanying flood insurance rate maps (FIRMs) and flood
boundary and floodway maps (FBFMs), dated December 5, 1989, panels
595, 605, 615 and 620, and all subsequent amendments and/or revisions,
are 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 City Hall, 1001 W. Center St., Manteca, CA
95337.
(Ord. 1179 § 1, 2001)
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 misdemeanor. Nothing
herein shall prevent the city council from taking such lawful action
as is necessary to prevent or remedy any violation.
(Ord. 1179 § 1, 2001)
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. 1179 § 1, 2001)
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. 1179 § 1, 2001)
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 or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability
on the part of the city, any officer or employee thereof, the state,
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 hereunder.
(Ord. 1179 § 1, 2001)
This chapter and the various parts thereof are 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. 1179 § 1, 2001)
A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 8.30.070. 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.
Site
plan, including but not limited to:
1.
For
all proposed structures, spot ground elevations at building corners
and twenty-foot or smaller intervals along the foundation footprint,
or one foot contour elevations throughout the building site; and
2.
Proposed
locations of water supply, sanitary sewer and utilities; and
3.
If
available, the base flood elevation from the flood insurance study
and/or flood insurance rate map; and
4.
If
applicable, the location of the regulatory floodway; and
B.
Foundation
design detail, including but not limited to:
1.
Proposed
elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures; and
2.
For
a crawl-space foundation, location and total net area of foundation
openings as required in Section 8.30.170(C)(3) of this chapter and
FEMA Technical Bulletins 1-93 and 7-93; and
3.
For
foundations placed on fill, the location and height of fill, and compaction
requirements (compacted to ninety-five percent using the Standard
Proctor Test method); and
C.
Proposed
elevation in relation to mean sea level to which any nonresidential
structure will be floodproofed, as required in Section 8.30.170(C)(2)
of this chapter and FEMA Technical Bulletin TB 3-93; and
D.
All appropriate certifications listed in Section 8.30.150(D) of this chapter; and
E.
Description
of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
(Ord. 1179 § 1, 2001)
The director of public works of the city, or designee, is appointed
to administer, implement, and enforce this chapter by granting or
denying development permits in accordance with its provisions.
(Ord. 1179 § 1, 2001)
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 that:
1.
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. For purposes of this chapter, "adversely
affects" means that the cumulative effect of the proposed development
when combined with all other existing and anticipated development
will increase the water surface elevation of the base flood more than
one foot at any point.
B.
Review,
Use and Development of Other Base Flood Data.
1.
When base flood elevation data has not been provided in accordance with Section 8.30.070, 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 8.30.170 through 8.30.220. Any such information shall be submitted to the city council for adoption; or
2.
If
no base flood elevation data is available from a federal or state
agency or other source, then a base flood elevation shall be obtained
using one of two methods from the FEMA publication "Managing Floodplain
Development in Approximate Zone A Areas A Guide for Obtaining and
Developing Base (100-year) Flood Elevations" dated July 1995 in order
to administer Section 5:
a.
Simplified Method.
C.
Notification
of Other Agencies. In alteration or relocation of a watercourse:
1.
Notify
adjacent communities and the California Department of Water Resources
prior to alteration or relocation;
2.
Submit
evidence of such notification to the Federal Insurance Administration,
Federal Emergency Management Agency; and
3.
Assure
that the flood carrying capacity within the altered or relocated portion
of said watercourse is maintained.
D.
Documentation
of Floodplain Development. Obtain and maintain for public inspection
and make available as needed the following:
1.
Certification
required by Section 8.30.170(C)(1) and 8.30.200 (lowest floor elevations);
2.
Certification
required by Section 8.30.170(C)(2) (elevation or floodproofing of
nonresidential structures);
3.
Certification
required by Section 8.30.170(C)(3) (wet floodproofing standard);
4.
Certification of elevation required by Section 8.30.190(B) (subdivision standards); and
5.
Certification required by Section 8.30.220(A) (floodway encroachments).
E.
Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 8.30.230.
(Ord. 1179 § 1, 2001)
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. 1179 § 1, 2001)
In all areas of special flood hazards the following standards
are required:
A.
Anchoring.
1.
All
new construction and substantial improvements shall be adequately
anchored to prevent flotation, collapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy.
B.
Construction
Materials and Methods. All new construction and substantial improvement
shall be constructed:
1.
With
flood resistant materials as specified in FEMA Technical Bulletin
TB 2-93, and utility equipment resistant to flood damage;
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 if
4.
Within
zones AH or AO, so that there are adequate drainage paths around structures
on slopes to guide floodwaters around and away from proposed structures.
C.
Elevation and Floodproofing. (See Section 8.30.050 definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement").
1.
Residential
construction, new or substantial improvement, shall have the lowest
floor, including basement:
a.
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.
b.
In an A zone, elevated to or above the base flood elevation; said base flood elevation shall be determined by one of the methods in Section 8.30.150(B) of this chapter.
c.
In all other zones, elevated to or above the base flood elevation.
|
Upon the completion of the structure, the elevation of the lowest
floor including basement shall be certified by a registered professional
engineer or surveyor, and verified by the community building inspector
to be properly elevated. Such certification and verification shall
be provided to the flood-plain administrator.
|
2.
Nonresidential
construction, new or substantial improvement, shall either be elevated
to conform with Section 8.30.170(C)(1) or together with attendant
utility and sanitary facilities:
a.
Be floodproofed below the elevation recommended under Section 8.30.170(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 professional engineer or architect that
the standards of this subsection (C)(2) are satisfied. Such certification
shall be provided to the floodplain administrator.
3.
All
new construction and substantial improvement with fully enclosed areas
below the lowest floor (excluding basements) that are usable solely
for parking of vehicles, building access or storage, and which are
subject to flooding, shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit
of floodwater. Designs for meeting this requirement shall follow the
guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93, and must
exceed the following minimum criteria:
a.
Have a minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding. The bottom of all openings shall be no higher than one
foot above grade. Openings may be equipped with screens, louvers,
valves or other coverings or devices provided that they permit the
automatic entry and exit of floodwater; or
b.
Be certified by a registered professional engineer or architect.
(Ord. 1179 § 1, 2001)
B.
Onsite
waste disposal systems shall be located to avoid impairment to them,
or contamination from them during flooding.
(Ord. 1179 § 1, 2001)
A.
All
preliminary subdivision proposals shall identify the special flood
hazard area and the elevation of the base flood.
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 lowest floor and pad elevations 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 constructed
to minimize flood damage.
E.
All
subdivisions shall provide adequate drainage to reduce exposure to
flood hazards.
(Ord. 1179 § 1, 2001)
A.
All
manufactured homes that are placed or substantially improved, within
zones A1-30, AH, and AE on the community's flood insurance rate map,
on sites located:
1.
Outside
of a manufactured home park or subdivision;
2.
In
a new manufactured home park or subdivision;
3.
In
an expansion to an existing manufactured home park or subdivision;
or
4.
In
an existing manufactured home park or subdivision on a site upon which
a manufactured home has incurred "substantial damage" as the result
of a flood; shall be elevated on a permanent foundation such that
the lowest floor of the manufactured home is elevated to or above
the base flood elevation and be securely fastened to an adequately
anchored foundation system to resist flotation, collapse, and lateral
movement.
B.
All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, and AE on the community's flood insurance rate map that are not subject to the provisions of Section 8.30.200A will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:
1.
Lowest
floor of the manufactured home is at or above the base flood elevation;
or
2.
Manufactured
home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than thirty-six
inches in height above grade.
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Upon the completion of the structure, the elevation of the lowest
floor including basement shall be certified by a registered professional
engineer or surveyor, and verified by the community building inspector
to be properly elevated. Such certification and verification shall
be provided to the floodplain administrator.
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(Ord. 1179 § 1, 2001)
All recreational vehicles placed on sites within zones A1-30,
AH and AE on the community's flood insurance rate map will either:
A.
Be on
the site for fewer than one hundred eighty consecutive days, and be
fully licensed and ready for highway use. A recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is
attached to the site only by quick disconnect-type utilities and security
devices, and has no permanently attached additions; or
B.
Meet the permit requirements of Section 8.30.130 through 8.30.160 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 8.30.200(A).
(Ord. 1179 § 1, 2001)
Located within areas of special flood hazard established in Section 8.30.070 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters, 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 is provided demonstrating that encroachments shall not result
in any increase in the base flood elevation during the occurrence
of the base flood discharge.
(Ord. 1179 § 1, 2001)
A.
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.
B.
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.
(Ord. 1179 § 1, 2001)
A.
In passing
upon requests for variances, the city council shall consider all technical
evaluations, all relevant factors, standards specified in other sections
of this chapter, and the:
1.
Danger
that materials may be swept onto other lands to the injury of others;
2.
Danger
of life and property due to flooding or erosion damage;
3.
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.
Importance
of the services provided by the proposed facility to the community;
5.
Necessity
to the facility of a waterfront location, where applicable;
6.
Availability
of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
7.
Compatibility
of the proposed use with existing and anticipated development;
8.
Relationship
of the proposed use to the comprehensive plan and floodplain management
program for that area;
9.
Safety
of access to the property in time of flood for ordinary and emergency
vehicles;
10.
Expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters expected at the site; and
11.
Costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities
such as sewer, gas, electrical, and water system, and streets and
bridges.
B.
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 twenty-five dollars for one hundred dollars
of insurance coverage; and
2.
Such
construction below the base flood level increases risks to life and
property. It is recommended that a copy of the notice shall be recorded
by the floodplain administrator in the office of the San Joaquin County
recorder and shall be recorded in a manner so that it appears in the
chain of title of the affected parcel of land.
C.
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. 1179 § 1, 2001)
A.
Generally, variances may be issued 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 8.30.130 through 8.30.220 of this chapter 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" (as defined in Section 8.30.050 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
C.
Variances
shall not be issued within any mapped regulatory 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.
"Minimum necessary" means to afford relief with a minimum of deviation
from the requirements of this chapter. For example, in the case of
variances to an elevation requirement, this means the city council
need not grant permission for the applicant to build at grade, or
even to whatever elevation the applicant proposes, but only to that
elevation which the city council believes will both provide relief
and preserve the integrity of the local ordinance.
E.
Variances
shall only be issued upon a:
1.
Showing
of good and sufficient cause;
2.
Determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section 8.30.050 of this chapter) to the applicant; and
3.
Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in Section 8.30.050, see "Public safety or nuisance"), cause fraud or victimization (as defined in Section 8.30.050) of the public, or conflict with existing local laws or chapters.
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 Sections 8.30.250(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 does not result in additional threats to public safety and does not create a public nuisance.
G.
Upon the consideration of the factors of Section 8.30.240(A) 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.
(Ord. 1179 § 1, 2001)
