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 council of the city of Crescent City does hereby adopt the following
floodplain management regulations.
(Ord. 802-U § 3, 2018)
A.
The
flood hazard areas of the city of Crescent City have been subject
to periodic inundation which has resulted in loss of life and property,
health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which has adversely
affected the public health, safety and general welfare. These flood
losses are caused by uses that are inadequately elevated, flood proofed,
or protected from flood damage. The cumulative effect of obstructions
in areas of special flood hazards which increase flood height sand
velocities also contributes to flood losses.
B.
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:
1.
To
protect human life and health;
2.
To
minimize expenditure of public money for costly flood control projects;
3.
To
minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
4.
To
minimize prolonged business interruptions;
5.
To
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;
6.
To
help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future
blight areas;
7.
To
ensure that potential buyers are notified that property is in an area
of special flood hazard; and
8.
To
ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
C.
In
order to accomplish its purposes, this chapter includes methods, provisions,
and regulations for:
1.
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;
2.
Requiring
that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
3.
Controlling
the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
4.
Controlling
filling, grading, dredging, and other development which may increase
flood damage; and
5.
Preventing
or regulating the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards in other areas.
(Ord. 610, 1986; Ord. 625, 1988; Ord. 802-U § 3, 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.
means a use which is coincident and subordinate to the principle
use of the parcel of land on which it is located.
is an area subject to flooding when the floodplain is comprised
of areas of low flow channels where sediment accompanies the shallow
flooding and the unstable soils scour and erode during a flooding
event.
is a request for a review of the public works director's
interpretation of any provisions of this chapter or a request for
a variance.
is a designated AO or VO zone on the Flood Insurance Rate
Map. 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.
See "Special flood hazard area."
is the flood having a one percent chance of being equaled
or exceeded in any given year.
means the elevation shown on the Flood Insurance Rate Map
for Zones AE, AH, A1-30, VE and V1-30 that indicates the water surface
elevation resulting from the flood that has a one percent or greater
chance of being equaled or exceeded in any given year.
means any area of the building having its floor subgrade
(below ground level) on all sides.
are any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other
suitable building material which is not part of the structural support
of the building and which is so designed as to break away under abnormally
high tides or wave action without damage to the structural integrity
of the building on which they are used or any buildings to which they
might be carried by floodwaters. A breakaway wall shall have a safe
design loading resistance of not less than ten and no more than twenty
pounds per square foot. Use of breakaway walls must be certified by
a registered engineer or architect and shall meet the following conditions:
is the 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 V1-30, VE or V.
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.
is a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale for which the
construction of facilities for servicing the lot on which the manufactured
home is to be affixed (including, at a minimum, the installation of
utilities, either final site grading or the pouring of concrete pads,
and the construction of streets, and either final site grading or
the pouring of concrete pads) is completed before the effective date
of September 22, 1986.
is the preparation of additional sites by the construction
of facilities for servicing the lot on which the manufactured homes
are to be affixed (including the installation of utilities, either
final site grading or pouring of concrete pads, or the construction
of streets).
is a general and temporary condition of partial or complete
inundation of normally dry land areas from:
The overflow of inland or tidal waters; and/or
The unusual and rapid accumulation of run-off of surface waters
from any source; and/or mudslides (i.e., mudflows); and/or
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 this definition.
is 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.
is 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.
is the official report provided by the Federal Insurance
Administration Federal Emergency Management Agency that includes flood
profiles, the Flood Insurance Rate Map (FIRM), the Flood Boundary
Floodway Map, and the water surface elevation of the base flood.
means 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; that official being
the director of community development.
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 zoning ordinance, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as this
floodplain ordinance, grading ordinance and erosion control ordinance)
and other applications of police power which control development in
floodprone areas. The term describes such state or local regulations
in any combination thereof, which provide standards for the purpose
of flood damage prevention and reduction.
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.
is a condition that exists in conjunction with a flooding
event that alters the composition of the shoreline or bank of a watercourse;
one that increases the possibility of loss due to the erosion of the
land area adjacent to the shoreline or watercourse.
means the channel of a river or other watercourse and the
adjacent land area that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than one foot. The floodway is delineated on the Flood Insurance
Rate Map and the Flood Boundary Floodway Map.
as related to Section 15.32.090 of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Crescent City 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.
means a use which cannot perform its intended purpose unless
it is located or carried out in 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 any floor usable for living purposes, which includes
working, sleeping, eating or recreation, or a combination thereof.
For flood insurance purposes, habitable floor and lowest floor will
share the same definition.
is a plan that incorporates a process, whereby the potential
of future loss due to flooding can be minimized by planning and implementing
alternatives to floodplain management community-wide.
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 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 non-elevation
design requirements, including, but not limited to:
The flood vent openings standard in Section 15.32.050(A)(5);
The anchoring standards in 15.32.050(A)(1);
The construction materials and methods standards in Section 15.32.050(A)(2); and
The standards for utilities in Section 15.32.050(D).
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.
is a prefabricated structure in one or more sections that
is assembled on-site with a permanent foundation.
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 sale or rent.
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.
means, for flood plain management purposes, structures for
which the "start of construction" commenced on or after the effective
date of September 22, 1986, and includes any subsequent improvements
to such structures.
is a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale for which the
construction of facilities or servicing the lot (including, at the
minimum, the installation of utilities, either final site grading
or the pouring of concrete pads, and the construction of streets)
is completed on or after September 22, 1986.
includes, but is not limited to, any dam, wall, wharf, embankment,
levee, dike, pile, abutment, protection, excavation, channelization,
bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse,
fill, structure, vegetation or other material in, along, across or
projecting into any watercourse which may alter, impede, retard or
change the direction and/or velocity of the flow of water, or due
to its location, its propensity to snare or collect debris carried
by the flow of water, or its likelihood of being carried downstream.
means a flood which has a one percent annual probability
of being equaled or exceeded. It is identical to the "base flood,"
which will be the term used throughout this chapter.
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.
means an individual or his or her agent, firm, partnership,
association or corporation, or agent of the aforementioned groups,
or this state or its agencies or political subdivisions.
as related to Section 15.32.090 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.
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 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.
are naturally occurring accumulations of sand in ridges or
mounds landward of the beach.
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.
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.
is a walled and roofed building, including a gas or liquid
storage tank that is principally above ground, as well as a manufactured
home.
means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition
would equal or exceed fifty percent of the market value of the structure
before the damage occurred.
means any repair, reconstruction, rehabilitation, or improvement
to 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,
and does not, however, include either:
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 conditions; or
Any alteration of a "historic structure" structure listed on
the National Register of Historic Places or a State Inventory of Historic
Places 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.
(Ord. 610, 1986; Ord. 625, 1988; Ord. 682 § 5, 1999; Ord. 802-U § 3, 2018)
A.
This
chapter applies to all areas of special flood hazards within the jurisdiction
of the city of Crescent City.
B.
The
areas of special flood hazard identified by the Federal Insurance
Administration through the Emergency Management Agency in a scientific
and engineering report titled "The Flood Insurance Study for the City
of Crescent City" dated September 29, 1986, with the accompanying
Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway
Maps (FBFMs) dated November 23, 1982, and all subsequent amendments
and revisions as 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 that allow implementation of this chapter which are recommended
to the city council by the floodplain administrator. The Flood Insurance
Study, FIRMs and FBFMs are on file at Crescent City Public Works Department,
377 J Street, Crescent City, California. This Flood Insurance Study
is the minimum area of applicability of this chapter an 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.
C.
No
structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms 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. Nothing in this chapter
shall prevent the city council from taking such lawful action as is
necessary to prevent or remedy any violation.
D.
This
chapter is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this chapter
and any other ordinance, easement, covenant, or deed restriction conflict
or overlap, whichever imposes the more stringent restrictions shall
prevail.
F.
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 manmade 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, or the Federal
Emergency Management Agency, for any flood damages that result reliant
on this chapter or any administrative decision lawfully made thereunder.
G.
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. 610, 1986; Ord. 625, 1988; Ord. 682 § 5, 1999; Ord. 735 § 1,
2008; Ord. 802-U § 3,
2018)
A.
A development permit shall be obtained before construction or development any construction, development or substantial improvements, including manufactured homes begins within any area of special flood hazard established in Section 15.32.030. Application for a development permit shall be made on forms furnished by the director of public works and the applicant shall provide the following minimum information: plans in duplicate, drawn to scale, and showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials and equipment, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
1.
Proposed
elevation in relation to mean sea level (NAVD 1988 Datum), of the
lowest floor (including basement) of all structures;
2.
Proposed
elevation in relation to mean sea level (NAVD 1988 Datum) to which
any structure will be floodproofed;
4.
Location
of the regulatory floodway, when applicable;
6.
Description
of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
B.
The
director of community development is hereby appointed to administer,
implement, and enforce this chapter by granting or denying development
permits in accord with its provisions. The duties and responsibilities
of the floodplain administrator shall include, but not be limited
to, the following:
1.
Review
of all development permits to determine that the permit requirements
of this chapter have been satisfied, including determination of substantial
improvement and substantially damaged of existing structures;
2.
Review
of all development permits to determine whether all other required
state and federal permits have been obtained;
3.
Review
of all permits to determine that the site is reasonably safe from
flooding;
4.
Confirm
that 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 Crescent City;
5.
Confirm
that 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.
6.
Review
of all proposals for the development of five parcels or more to assure
that the flood discharge exiting the development after construction
is equal to or less than the flood discharge at the location prior
to development.
7.
For a crawlspace foundation, the location and total net area (square inches) of flood vent openings must be as required in Section 15.32.050(A)(5).
8.
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.
9.
Within
Zones V1-30, VE, and V on the city's FIRM, obtain the elevation in
relation to mean sea level of the bottom of the lowest horizontal
structural member (excluding pilings and columns) of all new, substantially
improved, and substantially damaged structures, and whether or not
such structures contain a basement.
C.
The
city shall obtain and maintain for public inspection and make available
as needed:
2.
Certification
of the elevation of the top of lowest floor, including basement for
development in Zones A1-30, AH, and AE, floodproofed elevation for
non-residential structures in Zones A1-30, AH, and AE, and the elevation
of the bottom of the lowest horizontal support member for structures
in Zones V1-30, V, and VE, is required at that point where the footings
are set and slab poured. Failure to submit elevation certification
shall be cause to issue a stop-work order for the project. As-built
plans certifying the elevation of the lowest natural adjacent grade
is also required;
4.
The certification required in Section 15.32.050(A)(3)(d).
D.
It
is the responsibility of the director of community development to:
1.
Notify
adjacent communities and the State Coordinating Agency prior to any
alteration or relocation of a watercourse, and submit evidence of
such notification to the Federal Emergency Management Agency. It is
required that the flood-carrying capacity of the altered or relocated
portion of said watercourse be maintained by the community.
2.
Take action to remedy violations of this chapter as specified in Section 15.32.030(C).
3.
Within
six months of information becoming available or project completion,
whichever comes first, the director of community development shall
submit or assure that the permit the applicant submits contains technical
or scientific data to FEMA for a letter of map revision (LOMR). All
LOMRs for flood control projects shall be approved prior to the issuance
of building permits. Building permits shall not be issued based on
conditional letters of map revision (CLOMRs). Approved CLOMRs may
allow construction of flood control projects and land preparation
as specified in the "start of construction" definition.
4.
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.
The city floodplain administrator will provide interpretations, where needed, 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 person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 15.32.060.
F.
The
maintenance of any and all flood protection measures (levees, dikes,
dams or reservoirs) will be required of the jurisdiction where such
measures provide protection. If these measures are privately owned,
an operation or maintenance plan will be required of the owner to
be on file with the director of community development. The community
is required to acknowledge all maintenance plans by the adoption of
such plans by ordinance.
G.
The
local agency or board responsible for reviewing all proposals for
new development shall weigh all requests for future floodplain development
to ensure that the city's general plan is consistent with floodplain
management objectives herein. Consideration of the following elements
are required before approval:
H.
When base flood elevation data has not been provided in accordance with Section 15.32.030(B), the director of public works 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 Section 15.32.050. A base flood elevation will 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.
(Ord. 610, 1986; Ord. 625, 1988; Ord. 682 § 5, 1999; Ord. 802-U § 3, 2018)
A.
In
all areas of special flood hazard, the following standards are required:
1.
Anchoring.
a.
All new construction, substantial improvements, and substantially
damaged structures, including manufactured homes, shall be anchored
to prevent flotation, collapse, or lateral movement of the structure,
resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy.
2.
Construction
Materials and Methods.
a.
All new construction, substantial improvements, and substantially
damaged structures, including manufactured homes, shall be constructed
with materials and utility equipment resistant to flood damage, at
a minimum to the one percent annual chance base flood elevation.
b.
All new construction, and substantial improvements, and substantially
damaged structures shall use methods and practices that minimize flood
damage.
c.
All new construction, substantial improvements, and substantially
damaged structures shall be constructed with electrical, heating,
ventilation, plumbing and air-conditioning equipment and other service
facilities that are designed and/or located so as to prevent water
from entering or accumulating within the components during conditions
of flooding.
3.
Elevation
and Floodproofing — Residential Construction.
a.
New construction, substantial improvement, and substantially damaged
structures of any residential structure in a Zone AE, AH, or A1-30
shall have the top of lowest floor, including basement, elevated to
or above the base flood elevation.
b.
New construction, substantial improvement, and substantially damaged
structures of any residential structure in a Zone V, VE, or V1-30
shall have the bottom of the lowest horizontal support member elevated
to or above the base flood elevation.
c.
New construction, substantial improvement, and substantially damaged
structures of any residential structure in an Unnumbered/Approximate
A Zone, without BFEs specified on the FIRM, shall be elevated to or
above the base flood elevation. A base flood elevation will 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.
Upon completion of the structure the elevation of the lowest floor, including the basement, shall be certified by a registered professional civil engineer or licensed land surveyor and verified by the local building inspector that the elevation requirements have been met. Notification of compliance shall be recorded as set forth in Section 15.32.040(C).
4.
Elevation
and Floodproofing — Nonresidential Construction.
a.
Nonresidential construction, substantially improved, and substantially damaged non-residential structures shall either be elevated in conformance with subsection (A)(3) of this section or together with attendant utility and sanitary facilities, or:
i.
Be floodproofed, together with attendant utility and sanitary facilities,
so that below the base flood elevation the structure is watertight
with walls substantially impermeable to the passage of water;
ii.
Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
iii.
Be certified by a registered professional civil engineer or
architect that the standards of this subsection are satisfied. Such
certifications shall be provided to the Floodplain Administrator.
5.
Flood
Vent Openings. For all new construction, substantial improvements,
and substantially damaged 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 floodwaters. Designs for non-engineered flood vent openings meeting
this requirement must either be certified by a registered professional
civil 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;
b.
The bottom of all openings shall be no higher than one foot above
natural grade;
c.
Openings may be equipped with screens, louvers, valves or other coverings
or devices; provided, that they permit the automatic entry and exit
of floodwaters; and
d.
Buildings with more than one enclosed area must have openings on
exterior walls for each area to allow water to directly enter.
B.
Areas
subject to alluvial fan flooding have irregular flow paths that result
in erosion of existing channels and the undermining of fill material.
Those areas are identified on the Flood Insurance Rate Map as AO zones
with velocities.
1.
All
structures must be securely anchored to minimize the impact of the
flood and sediment damage.
2.
All
new construction, and substantial improvements, must be elevated on
pilings, columns, or armored fill so that the bottom lowest floor
beam is elevated at or above the depth number.
3.
Use
of all fill materials must be armored to protect the material from
the velocity of the flood flow.
4.
All
proposals for subdivision development must provide a mitigation plan
that identifies the engineering methods used to:
C.
Standards
for Storage of Materials and Equipment.
1.
The
storage or processing of materials that are, in time of flooding,
buoyant, flammable, explosive, or could be injurious to human, animal,
or plant life, is prohibited.
2.
Storage
of other material or equipment may be allowed if not subject to major
damage by floods and firmly anchored to prevent flotation or if readily
removable from the area within the time available after flood warning.
D.
Standards
for 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.
E.
Standards
for Subdivisions and Other Proposed Development.
1.
All
preliminary subdivision proposals and other proposed development,
including proposals for manufactured home parks and subdivisions,
greater than fifty lots or five acres, whichever is the lesser, shall
identify the special flood hazard areas and the base flood elevations.
2.
All final subdivision plans will provide the elevation of the base flood including the elevations of proposed structure(s), pads, and lowest adjacent grade. If the site is filled above the base flood elevation as part of an application for a letter of map revision based on fill (LOMR-F) to the city floodplain administrator, as-built information shall be submitted and certified by a registered professional civil engineer or land surveyor including lowest floor elevations, pad elevations, and lowest adjacent grade elevations and provided to the official as set forth in Section 15.32.040(C)(1).
3.
All
subdivision proposals and other proposed development shall be consistent
with the need to minimize flood damage.
4.
All
subdivision proposals and other proposed development shall have public
utilities and facilities such as sewer, gas, electrical, and water
systems located and constructed to minimize flood damage.
5.
All subdivision and other proposed proposals shall have adequate drainage provided to reduce exposure to flood damage as set forth in Section 15.32.040(B)(3).
F.
Standards
for Manufactured Homes.
1.
All
manufactured homes that are placed, or substantially improved, on
sites located: (i) outside of a manufactured home park or subdivision;
(ii) in a new manufactured home park or subdivision; (iii) in an expansion
to an existing manufactured home park or subdivision; or (iv) in an
existing manufactured home park or subdivision upon which a manufactured
home has incurred "substantial damage" as the result of a flood, shall:
a.
Within Zones A1-30, AH, and AE on the city of Crescent City's Flood
Insurance Rate Map 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 floatation, collapse, and lateral
movement.
b.
Within Zones V1-30, V, and VE on the city of Crescent City's Flood Insurance Rate Map, meet the requirements of Section 15.32.050(I); and
2.
All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE, V1-30, V, and VE on the city of Crescent City's Flood Insurance Rate Map that are not subject to the provisions of subsection (F)(1) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that the:
3.
Flood
resistant materials are to be used, at a minimum at and below the
base flood elevation (BFE).
4.
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 city building inspector
to be properly elevated. Such certification and verification shall
be provided to the city floodplain administrator (director of community
development).
G.
Standards
For Recreational Vehicles.
1.
All
recreational vehicles placed in Zones A1-30, AH, AE, V1-30, V, 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
c.
Meet the permit requirements of Section 15.32.040(A) Permit review of this chapter and the elevation and anchoring requirements for manufactured homes in Section 15.32.050(F).
2.
Recreational vehicles placed on sites within Zones V1-30, V, and VE on the city of Crescent City's Flood Insurance Rate Map will meet the requirements of Section 15.32.050(G) and (H).
H.
Floodways. Located within areas of special flood hazard as delineated on the effective Flood Insurance Rate Map, and established in Section 15.32.030 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:
1.
Prohibit
encroachments, including fill, new construction, substantial improvements,
and other development unless certification by a registered professional
civil engineer is provided demonstrating that the proposed development
shall not result in any increase in flood levels during the occurrence
of the base flood discharge.
2.
If
paragraph (1) of this subsection is satisfied, all new construction,
substantial improvement, and other proposed developments shall comply
with all other applicable flood hazard reduction provisions of this
section.
I.
Coastal
High Hazard Areas.
1.
Coastal high hazard areas (Zone V, and VE) are located within the areas of special flood hazard established in Section 15.32.030. These areas have special flood hazards associated with high velocity waters from coastal and tidal inundation; therefore, the following provisions shall apply:
a.
All new buildings, structures, and other development shall be located
landward of the reach of the mean high tide.
b.
The placement of manufactured homes shall be prohibited, except in
an existing manufactured home park or manufactured home subdivision.
Physical expansion of existing mobile home parks or subdivisions for
the purpose of placing additional mobile homes is prohibited.
2.
Construction
Methods Area.
a.
Elevation. 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 lowest horizontal supporting member of the
lowest floor, excluding pilings or columns is elevated to or above
the base flood elevation level, with all space below the lowest horizontal
supporting member open and free of obstructions so as not to impede
the flow of water, except for breakaway walls as provided for in paragraph
(e)(ii) of this subsection.
c.
Manmade alteration of sand dunes which would increase potential flood
damage is prohibited.
d.
Certification. Compliance with the provisions of paragraphs (a) and
(b) of this subsection shall be certified to by a registered professional
engineer or architect and provided to the director of community development.
e.
Space below the lowest horizontal support member:
i.
Any alteration, repair, reconstruction or substantial improvement
to a structure started after the enactment of the chapter codified
in this chapter shall not enclose the space below the lowest horizontal
support member unless breakaway walls are used as provided for in
this section.
ii.
Breakaway walls may be allowed below the base flood elevation provided
they are not a part of the structural support of the building and
are designed so as to breakaway under abnormally high tides or wave
action.
iii.
All new construction and substantial improvement shall have the space below the lowest horizontal support member free of obstructions or constructed with breakaway walls as defined in Section 15.32.020 of this chapter. Such enclosed space shall not be used for human habitation, will not be a basement as defined in Section 15.32.020, and may only be used solely for the parking of vehicles, building access or storage.
iv.
For the purpose of this section, a breakaway wall shall have a design
safe loading resistance of not less than ten and no more than twenty
pounds per square foot. Use of breakaway walls which exceed a design
safe loading resistance of twenty pounds per square foot (either by
design or when so required by local or State codes) may be permitted
only if a registered professional engineer or architect certifies
that the designs proposed meet the following conditions: (A) Breakaway
wall collapse shall result from a water load less than that which
would occur during the base flood; and (B) The elevated portion of
the building and supporting foundation system shall not be subject
to collapse, displacement, or other structural damage due to the effects
of wind and water loads acting simultaneously on all building components
(structural and non-structural). 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.
v.
Prior to construction, plans for any structure that will have breakaway
walls must be submitted to the director of community development for
approval.
(Ord. 610, 1986; Ord. 625, 1988; Ord. 682 § 5, 1999; Ord. 802-U § 3, 2018)
A.
The
planning commission as established by the city shall hear and decide
appeals and requests for variances from the requirements of this chapter.
B.
The
planning commission shall hear and decide appeals when it is alleged
there is an error in any requirement, decision or determination made
by the director of community development of this chapter.
C.
Those
aggrieved by the decision of the planning commission, or any taxpayer,
may appeal such decision to the city council.
D.
Conditions
for Variances. Variances may be issued when necessary, considering
the flood hazard, to afford relief. Variances shall only be issued
upon a showing of good and sufficient cause such as renovation, rehabilitation,
or reconstruction. Variances issued for economic considerations, aesthetics,
or because variances have been used in the past, are not good and
sufficient cause.
(Ord. 610, 1986; Ord. 625, 1988; Ord. 802-U § 3, 2018)
A.
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.
B.
The
variance criteria set forth in this section of the chapter 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.
C.
It
is the duty of the planning commission 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 (chapter) 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. 802-U § 3, 2018)
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 15.32.040 and 15.32.050 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 15.32.020 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 planning commission
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 planning commission believes will both provide
relief and preserve the integrity of the local chapter.
E.
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 Del Norte County
recorder and shall be recorded in a manner so that it appears in the
chain of title of the affected parcel of land.
F.
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 Emergency Management
Agency.
(Ord. 802-U § 3, 2018)
A.
In
passing upon requests for variances, the planning commission 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.
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"
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, or create a nuisance (see "Public safety and nuisance"),
cause "Fraud and victimization" of the public, or conflict with existing
laws or ordinances.
C.
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 Section 15.32.080(A) through (D) 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.
D.
Upon consideration of the factors of Section 15.32.090(A) and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(Ord. 802-U § 3, 2018)
