The Legislature of the State of California has in Government
Code Sections 65302, 65560, and 65800 conferred upon local governments
the authority to adopt regulations designed to promote the public
health, safety, and general welfare of its citizenry. Therefore, the
City of Santa Barbara does hereby adopt the following floodplain management
regulations.
(Ord. 5807, 2017; Ord. 5832, 2018)
A.
In
order for the City of Santa Barbara to participate in the National
Flood Insurance Program (NFIP), it is required to adopt and enforce
a local ordinance which meets the minimum requirements of Title 44
Code of Federal Regulations (CFR) Parts 59-78 as well as the State
Building Standards Codes. The NFIP regulations, FEMA Publications
and FEMA Technical Bulletins shall be used as guidance for the interpretation
of this chapter.
B.
The
flood hazard areas of the City of Santa Barbara are subject to periodic
inundation which has resulted in loss of 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.
C.
These
flood losses are caused by the cumulative effect of:
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
It is the purpose of the 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 with flood prone, mudslide [i.e. mudflow] or flood related
erosion areas. It is also the purpose of this chapter to ensure that
the owners of buildings within a FEMA Special Flood Hazard Area can
obtain flood insurance. These regulations are designed to:
A.
To
protect human life and health;
B.
To
minimize expenditure of public money for costly flood control projects;
C.
To
minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
D.
To
minimize prolonged business interruptions;
E.
To
minimize damage to public facilities and utilities such as water and
gas mains, electric, telephone and sewer lines, streets and bridges
located in areas of special flood hazard;
F.
To
help maintain a stable tax base by providing for the second use and
development of areas of special flood hazard so as to minimize future
flood blight areas;
G.
To
insure that potential buyers are notified that property is in an area
of special flood hazard; and
H.
To
ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
In order to accomplish its purposes, this chapter includes methods
and provisions for:
A.
Restricting
or prohibiting uses which are dangerous to health, safety, and property
due to water or erosion hazards, or which result in damaging increases
in erosion or in flood heights or velocities;
B.
Requiring
that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
C.
Controlling
the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
D.
Controlling
filling, grading, dredging, and other development which may increase
flood damage; and,
E.
Preventing
or regulating the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards in other areas.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter its most reasonable
application.
A flood having a 0.2% chance of being equaled or exceeded
in any given year; or also referred to as the 0.2% annual-chance flood.
Any remodel, repair, replacement of elements, etc. to an
existing building or non-substantial improvements.
A request for a review of the Floodplain Administrator's
interpretation of any provision of this chapter or a request for a
variance.
An area designated AO, AH, AR/AO, AR/AH or VO Zone on the
Flood Insurance Rate Map (FIRM) with a one percent or greater annual
change of flooding to an average depth of one to three feet, where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and indeterminate, and where velocity flow may be
evident. Such flooding is characterized by ponding or sheet flow.
American Society of Civil Engineers Flood Resistant Design
and Construction Standards, currently 2014 edition, or later.
See SPECIAL FLOOD HAZARD AREA.
A flood having a one percent chance of being equaled or exceeded
in any given year; or also referred to as the one percent annual chance
flood.
The elevation of the Base Flood, including wave height, relative
to the North American Vertical Datum (NAVD) or other datum specified
on the Flood Insurance Rate Map (FIRM).
An area of a building having its floor subgrade (below ground
level) on all sides.
Any type of wall, whether solid or lattice, and whether constructed
of concrete, masonry, wood, metal, plastic or any other suitable building
material which (1) is not part of the structural support of the building;
(2) is designed to break away under abnormally high tides or wave
action without causing any damage to the structural integrity of the
building or to any buildings to which they might be carried by floodwaters;
(3) has a safe design loading resistance of not less than 10 and no
more than 20 pounds per square foot; and (4) has been certified for
use in the building by a registered professional engineer or architect
and meets the following standards:
|
a.
|
Breakaway wall collapse will result from a water load less than
that which would occur during the base flood; and
|
|
b.
|
The elevated portion of the building will not incur any structural
damage due to the effects of wind and water loads acting simultaneously
in the event of the base flood.
|
Buildings and structures that contain essential facilities
and services necessary for emergency response and recovery, or that
pose a substantial risk to the community at large in the event of
failure, disruption of function, or damage by flooding. Facilities
include:
Hospitals and health care facilities having surgery or emergency
treatment facilities;
Fire, rescue, ambulance, and police stations and emergency vehicle
garages;
Designated emergency shelters;
Designated emergency preparedness, communication, and operation
centers and other facilities required for emergency response;
Power generating stations and other public utility facilities
required in emergencies;
Critical aviation facilities such as control towers, air traffic
control centers, and hangars for aircraft used in emergency response;
Ancillary structures such as communication towers, electrical
substations, fuel or water storage tanks, or other structures necessary
to allow continued functioning of a Flood Design Class 4 (ASCE-24)
facility during and after an emergency; and
Buildings and other structures (including, but not limited to,
facilities that manufacture, process, handle, store, use, or dispose
of such substances as hazardous fuels, hazardous chemicals, or hazardous
waste) containing sufficient quantities of highly toxic substances
where the quantity of the material exceeds a threshold quantity established
by the authority having jurisdiction and is sufficient to pose a threat
to the public if released.
An area subject to high velocity wave action, including coastal
and tidal inundation or tsunamis and designated on a Flood Insurance
Rate Map (FIRM) as Zone V1-V30, Ve or V.
The replacement cost of the building reduced based on the
age and condition. The County Assessor valuation of the building can
be used or a licensed appraiser can be hired to make the determination
based on Uniform Standards of Professional Practice. The Income Capitalization
Approach is not acceptable for determining Depreciated Market Value
because it is based on how the property is used and not the value
of the structure alone.
An area of a community that is:
A primarily urbanized, built-up area that is a minimum of 20
contiguous acres, has basic urban infrastructure, including roads,
utilities, communications, and public facilities, to sustain industrial,
residential, and commercial activities, and
Within which 75% or more of the parcels, tracts, or lots contain
commercial, industrial, or residential structures or uses; or
It is a single parcel, tract, or lot in which 75% of the area
contains existing commercial or industrial structures or uses; or
It is a subdivision developed at a density of at least two residential
structures per acre within which 75% or more of the lots contain existing
residential structures at the time the designation is adopted.
Undeveloped parcels, tracts, or lots, the combination of which
is less than 20 acres and contiguous on at least three sides to areas
meeting the criteria of paragraph 1 of this definition at the time
the designation is adopted.
A subdivision that is a minimum of 20 contiguous acres that
has obtained all necessary government approvals, provided that the
actual start of construction of structures has occurred on at least
10% of the lots or remaining lots of a subdivision or 10% of the maximum
building coverage or remaining building coverage allowed for a single
lot subdivision at the time the designation is adopted and construction
of structures is underway. Residential subdivisions must meet the
density criteria in paragraph 1.c of this definition.
Any man-made change to improved or unimproved real property,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
For the purposes of determining rates, structures for which
the start of construction commenced before December 15, 1975. Existing
construction may also be referred to as existing structures.
Federal Emergency Management Agency.
Federal Insurance and Mitigation Administration (formerly
Federal Insurance Administration).
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; or
Mudslides (i.e., mudflows) which are proximately caused by flooding
as defined in paragraph 1.b of this definition and are akin to a river
of liquid and flowing mud on the surfaces of normally dry land areas,
as when earth is carried by a current of water and deposited along
the path of the current.
The collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining caused
by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated force
of nature, such as flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in flooding
as defined in paragraph 1.a of this definition.
The official map on which FEMA or FIMA has delineated both
the areas of flood hazard and the floodway.
ASCE 24 establishes elevations of lowest floors, flood-resistant
materials, equipment, floodproofing and freeboard for Flood Design
Class 4: Buildings and structures that contain essential facilities
and services necessary for emergency response and recovery, or that
pose a substantial risk to the community at large in the event of
failure. See CRITICAL FACILITY AND ESSENTIAL FACILITY definition above.
See SPECIAL FLOOD HAZARD AREA.
An official map on which FEMA or FIMA has delineated both
the areas of special flood hazards and the risk premium zones applicable
to the community.
An official report provided by FEMA or FIMA that includes
flood profiles, the FIRM, the Flood Boundary and Floodway Map, and
the water surface elevation of the base flood.
Any land area susceptible to being inundated by water from
any source (see definition of flooding).
is the community official designated by title to administer
and enforce the floodplain management regulations. The Chief Building
Official is appointed to administer and implement this chapter for
the City of Santa Barbara.
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including, but not limited to,
emergency preparedness plans, flood control works and floodplain management
regulations.
Zoning ordinances, subdivision regulations, the California
Building Code as adopted and amended by the City, health regulations,
special purpose ordinances (such as floodplain ordinances, grading
ordinances and erosion control ordinances) and other applications
of police power. The term describes such federal, state or local regulations
in any combination thereof, which provide standards for the purpose
of flood damage prevention and reduction.
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.
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.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. Freeboard tends to compensate
for the many unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway
conditions, such as wave action, bridge openings, and the hydrological
effect of urbanization of the watershed.
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the 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. (FEMA Publication P-467-2).
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, 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, that such
enclosure is not built so as to render the structure in violation
of this chapter.
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.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for sale or rent.
is an existing 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
December 15, 1978.
is the preparation of additional sites by the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
is 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 May 4, 1978.
NFIP
New construction is, for the purposes of determining insurance
rates, structures for which the start of construction commenced on
or after December 15, 1978 and includes any subsequent improvements
to such structures. For floodplain management purposes, new construction
means structures for which the start of construction commenced on
or after the effective date of a floodplain management regulation
adopted by a community and includes any subsequent improvements to
such structures.
See Base Flood.
An individual, firm, partnership, association or corporation,
or agent of the foregoing, or this state or its agencies or political
subdivisions.
A vehicle which is:
Built on a single chassis;
400 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.
A civil engineer licensed by the State of California. Civil
engineers licensed prior to January 1, 1982, with a license number
33965 or before, are authorized to practice all land surveying. Civil
engineers licensed after January 1, 1982, may only practice engineering
surveying as defined in California Business and Professional Code
6731.1.
To bring a 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 by various
means, including, but not limited to, 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 federal financial exposure with regard to
the structure or other development.
Relating to, formed by, or resembling a river (including
tributaries), stream, or brook.
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
The land in the floodplain within a community subject to
a one percent or greater chance of flooding in any given year. The
area may be designated as Zone A on the FIRM. After detailed ratemaking
has been completed in preparation for publication of the flood insurance
rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE,
A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or
V. For purposes of these regulations, the term "special flood hazard
area" is synonymous in meaning with the phrase area of special flood
hazard.
"Start of construction" (for other than new construction
or substantial improvements under the Coastal Barrier Resources Act
(Pub. L. 97348)), includes substantial improvement, and means the
date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition placement,
or other improvement was within 180 days of the permit date. 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 pursuant to a valid building permit. Permanent construction
does not include land preparation, such as clearing, grading, and
filling, nor does it include the installation of streets 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 as part of the main
structure.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the depreciated market value of the structure
before the damage occurred.
Any repair, reconstruction, addition or improvement of a
structure within any 24-month period, the cost of which equals or
exceeds 50% of the depreciated market value of the structure either
before the improvement or repair is started or, if the structure has
been damaged and is being restored, before the damage occurred. For
the purposes of this definition, "substantial improvement" is considered
to occur when the first alteration of any wall, ceiling, floor, or
other structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure. 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.
A grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited
by this chapter.
The failure of a structure or other development to be in
full compliance 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 that documentation is provided.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
This chapter shall apply to all areas of special flood hazards
within the City of Santa Barbara.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
"The Flood Insurance Study for The City of Santa Barbara," dated
December 15, 1978, and all subsequent revisions and amendments by
FEMA with accompanying FIS and FIRMs are hereby adopted by reference
and declared to be a part of this chapter. [CFR 60.2(h)] Copies of
the Flood Insurance Study and maps referred to therein, shall be maintained
on file at 630 Garden Street, Santa Barbara, California. The Flood
Insurance Study establishes the areas of special flood hazard identified
by FEMA or FIMA. These areas may be changed, or new areas may be designated,
by the City Council following a recommendation thereon by the Floodplain
Administrator.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 4731, 1991; Ord. 5807, 2017; Ord. 5832, 2018)
A.
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. Violations of the provisions
of this chapter by failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor.
B.
For
all new structures, in addition to the compliance provisions of this
chapter, the City adopts the most recent editions of the national
standard, ASCE 24 "Flood Resistant Design and Construction" in its
entirety. When the requirements of elevation of flood protection in
ASCE 24 conflict with other regulations, ASCE 24 will govern. The
Floodplain Administrator may, on a case-by-case basis, consider, document,
and file an analysis of the provisions of Section 22.24.140.C, paragraphs
1—11, to administratively reduce any of the requirements of
ASCE 24.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
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. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
In the interpretation and application of this chapter, all provisions
shall be considered as minimum requirements, liberally construed in
favor of the governing body, and, deemed neither to limit nor repeal
any other powers granted under federal or state statutes.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
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 of Santa Barbara, any officer or employee
thereof, or FIMA, for any flood damages that result from reliance
on this chapter or any administrative decision made thereunder.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
This chapter and the various parts thereof are hereby declared
to be severable. Should any section of this chapter be declared by
the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the chapter as a whole, or any portion
thereof other than the section so declared to be unconstitutional
or invalid.
(Ord. 5807, 2017; Ord. 5832, 2018)
A flood development permit shall be obtained before construction
or development begins within any area of special flood hazard. Application
for a flood development permit shall be made on forms furnished by
the Floodplain Administrator and may include, but not be limited to:
A.
Three
sets of plans drawn to scale showing:
1.
The
nature, location, dimensions, and elevations of the proposed and existing
structures, fill, storage of materials, and drainage facilities;
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; and
B.
The
following information is required on an application:
1.
Elevation
(NAVD 1988) of the lowest floor (including basement) of all structures;
in Zone AO or VO, elevation of highest adjacent grade and proposed
elevation of lowest floor of all structures;
2.
Elevation
in relation to NAVD 1988 to which any structure has been or will be
floodproofed;
3.
All
certifications required by Sections 22.24.130.C and 22.24.160; and
4.
Description
of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
The Chief Building Official is hereby appointed as the Floodplain
Administrator to administer and implement this chapter by granting
or denying flood development permit applications in accordance with
its provisions.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
Duties of the Floodplain Administrator shall include, but not
be limited to:
A.
Review
of all flood development permit applications to determine that:
1.
All
permit requirements of this chapter have been satisfied.
2.
All
necessary permits have been obtained from those federal, state or
local governmental agencies from which prior approval is required.
3.
The
site is reasonably safe from flooding.
4.
If
the proposed development adversely affects the flood carrying capacity
of areas where base flood elevations have been determined but a floodway
has not been designated; then, 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.
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.
Determination
of substantial improvement based on the depreciated market value of
the structure and the project cost.
D.
When base flood elevation data in accordance with Section 22.24.060 is unavailable, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Section 22.24.160 pertaining to specific standards for residential and nonresidential construction.
E.
Maintain
for public inspection all records pertaining to the provisions of
this chapter, including:
1.
The
certification required in Section 22.24.160.C.1 (floor elevations);
2.
The
certification required in Section 22.24.160.C.2 (elevations in areas
of shallow flooding);
3.
The
certification required in Section 22.24.160.C.3 (elevation or floodproofing
of nonresidential structures);
4.
The
certification required in Section 22.24.160.C.3 (wet floodproofing
standard);
5.
The
certified elevation required in Section 22.24.160.E.2 (subdivision
standards);
6.
The
certification required in Section 22.24.180.A (floodway encroachments);
and
8.
A
record of all variance actions, including justification for their
issuance, and report such variances issued in its biennial report
submitted to FEMA.
F.
Notification
of other agencies, including:
1.
Adjacent
communities, the Santa Barbara County Flood Control and Water Conservation
District, and the California Department of Water Resources prior to
any alteration or relocation of a watercourse, and submit evidence
of such notification to FEMA. Require that the flood carrying capacity
of the altered or relocated portion of the watercourse is maintained.
2.
FEMA
for 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.
G.
FEMA for Changes in Corporate Boundaries. Include a copy of a map of the community clearly delineating the new corporate limits. Make interpretations as to the exact location of the boundaries of the areas of special flood hazards, (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The persons contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 22.24.140.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 4539, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
A.
The
Building and Fire Code Board of Appeals of the City of Santa Barbara
shall hear and decide appeals and requests for variances from the
requirements of this chapter. The decisions of the Building and Fire
Code Board of Appeals on appeals or requests for variances shall be
final.
B.
The
applicant or any aggrieved person may appeal to the Building and Fire
Code Board of Appeals when it is alleged there is an error in any
requirement, decision, or determination made by the Floodplain Administrator
in the enforcement or administration of this chapter.
C.
In
reviewing an application for a variance, the Building and Fire Code
Board of Appeals shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this chapter, and
each of the following:
1.
The
danger that materials may be swept onto other lands to the injury
of others.
2.
The
danger to life and property due to flooding or erosion damage.
3.
The
susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
4.
The
importance of the services provided by the proposed facility to the
community.
5.
The
necessity to the facility of a waterfront location, where applicable.
6.
The
availability of alternative locations for the proposed use which are
not subject to flooding or erosion damage.
7.
The
compatibility of the proposed use with existing and anticipated development.
8.
The
relationship of the proposed use to the General Plan and Floodplain
Management Program for that area.
9.
The
safety of access to the property in times of flood for ordinary and
emergency vehicles.
10.
The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site.
11.
The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems, and
streets and bridges.
D.
Upon consideration of the factors identified in subsection C of this section and the purposes of this chapter, the Building and Fire Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
E.
The
Floodplain Administrator shall maintain the records of all appeal
actions and report any variances to FIMA upon request.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5136, 1999; Ord. 5807, 2017; Ord. 5832, 2018)
A.
Variances
may be issued for new construction and substantial improvements 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 provided the considerations specified in Section
22.24.140.C 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 new construction and substantial improvements and
for other development necessary for the conduct of a functionally
dependent use, provided the provisions of Section 22.24.140.C are
satisfied and that the structure or other development is protected
by methods that minimize flood damage during the base flood and create
no additional threats to public safety.
C.
Variances
shall not be issued within any designated floodway if any increase
in flood levels during the base flood discharge would result.
D.
Variances
shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
E.
Variances
shall only be issued upon:
1.
A
determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
2.
A
determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public as identified in Section 22.24.140.C, or conflict with
existing local laws or ordinances.
F.
An
applicant to whom a variance is granted shall be given written notice
that the structure will be permitted to be built with a lowest floor
elevation below the base elevation and that the cost of flood insurance
will be commensurate with the increased risk resulting from the reduced
lowest floor elevation. A copy of the notice shall be recorded by
the Floodplain Administrator in the office of the Santa Barbara County
Recorder in a manner so that it appears in the chain of title of the
affected parcel of land.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
In all areas of special flood hazards the following standards
shall apply:
A.
Anchoring.
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy.
B.
Construction
Material and Methods.
1.
All
new construction and substantial improvements shall be constructed:
a.
With materials and utility equipment resistant to flood damage.
b.
Using methods and practices that minimize flood damage.
c.
With electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and located
so as to prevent water from entering or accumulating within the components
during conditions of flooding.
|
The above regulations in this subsection are advisory only and
not mandatory for one- and two-family building additions or alterations
that are not a substantial improvement.
|
2.
Within
Zones AH, AO or VO, the site is required to have adequate drainage
paths around structures on slopes to guide floodwaters around and
away from proposed structures.
C.
Elevation
and Floodproofing.
1.
In
"AE" and "AH" Zones, new construction and the substantial improvement
of any structure shall have the lowest floor, including basement,
elevated in accordance with ASCE 24.
2.
In
zones where there is no documented base flood elevation in a special
flood hazard area the following means of determining the lowest finished
floor elevation apply:
a.
"AO" Zone: Elevated above the highest adjacent grade to a height
equal to or exceeding the depth number specified in feet on the FIRM
plus the ASCE 24 freeboard elevation, or elevated at least two feet
above the highest adjacent grade plus the ASCE 24 freeboard elevation
if no depth number is specified.
b.
"A" Zone without a base flood elevation specified on the FIRM: Elevated
at least to the base flood elevation as determined under Section 22.24.130.C
plus the ASCE 24 freeboard elevation.
4.
All
new construction and substantial improvements, with fully enclosed
areas below the lowest floor 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 floodwaters.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or meet or exceed the
following minimum criteria:
a.
A minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to
flooding shall be provided in the enclosure. 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 floodwaters. 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 to comply with a local floodproofing standard approved
by the FIMA.
D.
Utilities.
1.
All
new and replacement water supply and sanitary sewage systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system and discharge from systems into floodwaters.
2.
On-site
waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
3.
All
new, repaired, altered or replaced electrical gear shall be elevated
above the base flood elevation or designed to minimize or eliminate
infiltration of floodwaters.
4.
All
new, repaired, altered or replaced mechanical equipment and ductwork
shall be elevated above the base flood elevation.
E.
Subdivision
Proposals.
1.
All
preliminary subdivision proposals shall identify the Special Flood
Hazard Area (SFHA) and Base Flood Elevations (BFE).
2.
All
final subdivision plans shall provide for each proposed structure:
lowest floor elevation, lowest adjacent grade, and pad elevation.
If the site is filled above the base flood, the final pad elevation
shall be certified by a registered professional engineer or surveyor
and provided to the Floodplain Administrator.
3.
All
subdivision proposals shall be consistent with the need to minimize
flood damage.
4.
All
subdivision proposals shall have public utilities and facilities such
as sewer, gas, electrical, and water systems located and constructed
to minimize flood damage.
5.
All
subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage.
F.
Essential
Facilities.
1.
All
new critical facilities shall not be located within a FEMA Special
Flood Hazard Area unless necessary due to its function.
G.
Manufactured Homes. All manufactured homes that are placed or substantially improved, 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 upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall meet the standards in subsections A through E of this section.
H.
Recreational
Vehicles.
1.
All
recreational vehicles placed in Zones A1-30, AH, AE, V1-30 and VE
will either:
a.
Be on the site for fewer than 180 consecutive days; or
b.
Be fully licensed and ready for highway use. A recreational vehicle
is ready for highway use if it is on its wheels or jacking system,
is attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions; or
I.
Basements.
All basement levels, not legally permitted as habitable space, below
the BFE shall be maintained only for use as storage, parking or access
to the floor above; such spaces shall not contain any of the following:
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
Within coastal high hazard areas, Zones V, V1-30, VE and Coastal AE as established pursuant to Section 22.24.060, the following standards shall apply:
A.
All
substantial improvements and all new construction, shall be elevated
on adequately anchored pilings or columns and securely anchored to
such pilings or columns so that the lowest horizontal portion of the
structural members of the lowest floor (excluding the pilings or columns)
is elevated to or above the base flood elevation plus the ASCE 24
freeboard elevation, unless a higher elevation is required by the
Floodplain Administrator. 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 the mean high tide.
C.
All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 22.24.040. Such temporarily enclosed space shall not be used for human habitation and will be used 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 surveyor that a proposed structure complies
with Section 22.24.170.A above; and
2.
The
elevation (in relation to NAVD 1988) of the bottom of the lowest 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. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
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 to floodways:
A.
No
encroachments, including fill, new construction, substantial improvements,
and other development are permitted unless a registered professional
engineer or architect certifies that the development will not result
in any increase in flood levels during the occurrence of the base
flood discharge.
C.
No
mobile homes may be placed in any floodway, except in a mobile home
park or mobile home subdivision established prior to the effective
date of the ordinance codified in this chapter.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
