The Legislature of the state of California has in Government
Code Sections 65302, 65560 and 65800 conferred upon local government
units authority to adopt regulations designed to promote the public
health, safety, and general welfare of its citizenry. Therefore, the
city council of the city of Lathrop does adopt the following floodplain
management regulations.
(Ord. 98-158)
The flood hazard areas of the city are subject to periodic inundation
which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health, safety,
and general welfare.
(Ord. 98-158)
It is the purpose of this chapter to promote the public health,
safety and general welfare; and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to
do the following:
A.
Protect
human life and health;
B.
Minimize
expenditure of public money for costly flood control projects;
C.
Minimize
the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
D.
Minimize
prolonged business interruptions;
E.
Minimize
damage to public facilities and utilities such as water and gas mains;
electric, telephone and sewer lines; and streets and bridges located
in areas of special flood hazard;
F.
Help
maintain a stable tax base by providing for the sound use and development
of areas of special flood hazard so as to minimize future blighted
areas caused by flood damage;
G.
Ensure
that potential buyers are notified that property is in an area of
special flood hazard;
H.
Ensure
that those who occupy the areas of special flood hazard assume responsibility
for their actions.
(Ord. 98-158)
In order to accomplish its purposes, this chapter includes methods
and provisions to do the following:
A.
Restrict
or prohibit uses which are dangerous to health, safety, and properly
due to water or erosion hazards, or which result in damaging increases
in erosion or flood heights or velocities;
B.
Require
that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
C.
Control
the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters;
D.
Control
filling, grading, dredging, and other development which may increase
flood damage;
E.
Prevent
or regulate the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards in other areas.
(Ord. 98-158)
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter its most reasonable
application.
means a use which is incidental and subordinate to the principal
use of the parcel of land on which it is located.
means a geomorphologic feature characterized by a cone or
fan-shaped deposit of boulders, gravel, and fine sediments that have
been eroded from mountain slopes, transported by flood flows, and
then deposited on the valley floors, and which is subject to flash
flooding, high velocity flows, debris flows, erosion, sediment movement
and deposition, and channel migration.
means the point of highest elevation on an alluvial fan,
which on undisturbed fans is generally the point where the major stream
that formed the fan emerges from the mountain front.
means a request for a review of the floodplain administrator's
interpretation of any provision of this chapter.
See "Special flood hazard area."
means a flood which has a one percent chance of being equaled
or exceeded in any given year (also called the "100 year flood").
Base flood is the term used throughout this chapter.
means any area of the building having its floor subgrade
on all sides.
See "Structure."
means any manmade change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging filling, grading, paving, excavation or drilling operations
or storage of equipment or materials.
means the advance or infringement of uses, plant growth,
fill excavation, buildings, permanent structures or development into
a floodplain which may impede or alter the flow capacity of a floodplain.
means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation
of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads) is completed before the effective
date of the floodplain management regulations adopted by a community.
means the preparation of additional sites by the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
means:
A general and temporary condition of partial or complete inundation
of normally dry land areas from the overflow of inland or tidal waters;
the unusual and rapid accumulation or runoff of surface water from
any source; and/or mudslides (i.e., mudflows), see "Mudslide," and
The condition resulting from flood-related erosion.
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.
means the official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated the areas
of flood hazards.
means an area subject to flooding that is delineated as either
a special hazard area or an area of moderate or minimal hazard on
an official Flood Insurance Rate Map issued by the Federal Emergency
Management Agency. The identification of flood hazard zones does not
imply that areas outside the flood hazard zones, or uses permitted
within flood hazards, will be free from flooding or flood damage.
means the official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable
to the community.
means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate
Map, the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
means any land area susceptible to being inundated by water
from any source (see "Flooding").
means the individual appointed to administer and enforce
the floodplain management regulations.
means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing,
where possible, natural resources in the floodplain, including, but
not limited to, emergency preparedness plans, flood control works,
floodplain management regulations, and open space plans.
means this chapter and other zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances
(such as grading and erosion control) and other application of police
power which control development in flood-prone areas. This term describes
federal, state or local regulations in any combination thereof which
provide standards for preventing and reducing flood loss and damage.
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.
means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than one foot. Also referred to as "regulatory floodway."
means that area of the floodplain on either side of the regulatory
floodway where encroachment may be permitted.
as related to Sections 15.56.200 through 15.56.220 of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city council will consider the fact that every newly constructed building adds to governments responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
means a use which cannot perform its intended purpose unless
it is located or carried out in close proximity to water. The term
includes only docking facilities, port facilities that are necessary
for the loading and unloading of cargo or passengers, and ship building
and ship repair facilities, and does not include long-term storage
or related manufacturing facilities.
means the local governing unit, i.e., county or municipality,
that is empowered to adopt and implement regulations to provide for
the public health, safety and general welfare of its citizenry, in
this case the Lathrop city council.
as related to Sections 15.56.210 through 15.56.230 of this chapter, means the exceptional hardship that would result from a failure to grant the requested variance. The city council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
means the highest natural elevation of the ground surface
prior to construction net 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 with approved programs.
means a manmade structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering practices
to contain, control or divert the flow of water so as to provide protection
from temporary flooding.
means a flood protection system which consists of a levee,
or levees, and associated structures, such as closure and drainage
devices, which are constructed and operated in accord with sound engineering
practices.
means the lowest floor of the lowest enclosed area, including
basement (See "Basement").
An unfinished or flood resistant enclosure below the lowest
floor that is usable solely for parking of vehicles, building access
or storage in an area other than a basement area, is not considered
a building's lowest floor provided it conforms to applicable nonelevation
design requirements, including, but not limited to, the following.
The wet floodproofing standard in Section 15.56.130(C);
The anchoring standards in Section 15.56.110(A);
The construction materials and methods standards in Section 15.56.120;
The standards for utilities in Section 15.56.140.
For residential structures, all subgrade enclosed areas are
prohibited as they are considered to be basements (see "Basement").
This prohibition includes below-grade garages and storage areas.
means a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with
or without a permanent foundation when attached to required utilities.
The term "manufactured home" does not include a recreational vehicle.
means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
means for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum,
to which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
describes a condition where a river, flow or inundation of
liquid mud down a hillside, usually as a result of a dual condition
of loss of brush cover and the subsequent accumulation of water on
the ground, preceded by a period of unusually heavy or sustained rain.
means an area with land surfaces and slopes of unconsolidated
material where the history, geology, and climate indicate a potential
for mudflow.
for floodplain management purposes, means structures for
which the start of construction commenced on or after the effective
date of floodplain management regulations adopted by this community,
and includes any subsequent improvements to such structures.
means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including at a minimum, the installation
of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads) is completed on or after the effective
date of floodplain management regulations adopted by this community.
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, 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 due to its location, its propensity to snare
or collect debris carried by the flow of water, or its likelihood
of being carried downstream.
See "Base flood."
as related to Sections 15.56.210 through 15.56.230 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, m the customary manner, of any navigable lake, or river, bay, stream, canal or basin.
means a vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational camping, travel or seasonal
use.
means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than one foot.
means to bring the structure or other development into compliance
with state or local floodplain management regulations, or, if this
is not possible, to reduce the impacts of its noncompliance. Ways
that impacts may be reduced include protecting the structure or other
affected development from flood damages, implementing the enforcement
provisions of the ordinance 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, and the like.
See "Special flood hazard area."
means an area having special flood hazards and shown on an
FHBM or FIRM as Zone A, A1-A30, AE or A29.
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 180 days from the date
of the permit. The "actual start" means either the first placement
of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
means a walled and roofed building that is principally above
ground; this includes a gas or liquid storage tank or a manufactured
home.
means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition
would equal or exceed 50% of the market value of the structure before
the damage occurred.
means any reconstruction, rehabilitation, addition, or other
proposed new development of a structure, the cost of which equals
or exceeds 50% of the market value of the structure before the start
of construction of the improvement. This term includes structures
which have incurred substantial damage, regardless of the actual repair
work performed. The term does not, however, include either of the
following:
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 safer living conditions.
Any alteration of a historic structure; provided, that the alteration
will not preclude the structure's continued designation as a historic
structure.
means a grant of relief from the requirements of this chapter
which permits construction in a manner that would otherwise be prohibited
by this chapter.
means the failure of a structure or other development to
be fully compliant with this chapter. A structure or other development
without the elevation certificate, other certifications, or other
evidence of compliance required in this chapter is presumed to be
in violation until such time as that documentation is provided.
means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, (or other datum, where specified) of floods
of various magnitudes and frequencies in the floodplains of coastal
or riverine areas.
means a lake, river, creek, stream, wash, arroyo, channel
or other topographic feature on or over which waters flow at least
periodically. Watercourse includes specifically designated areas in
which substantial flood damage may occur.
(Ord. 98-158; Ord. 16-361 § 1)
A.
Lands
to Which this Chapter Applies. This chapter shall apply to all areas
of special flood hazard within the jurisdiction of the city shown
on an FHFM or FIRM as Zone A, A1-A30, AE or A29.
B.
Basis
for Establishing the Areas of Special Flood Hazard. The areas of special
flood hazard identified by the Federal Emergency Management Agency
(FEMA) in the "Flood Insurance Study (FIS) for the city of Lathrop
dated October 16, 2009, with accompanying Digital Flood Insurance
Rate Maps (DFIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated
October 16, 2009 (including LOMR revision dated September 2, 2011
for Panel No.'s 0605F, 0610F, 0615F and 0620F), and all subsequent
amendments and/or revisions, are adopted by reference and declared
to be a part of this chapter. These FIS and attendant mapping is the
minimum area of applicability of this chapter and may be supplemented
by studies for other areas which allow implementation of this chapter
and which are recommended to the city council by the floodplain administrator.
The study, FIRMs and FBFMs are on file at the Community Development
Department, 390 Towne Centre Drive, Lathrop, CA 95330.
(Ord. 98-158; Ord. 06-260 § 1; Ord.
12-313 § 1; Ord. 16-361 § 1)
Development of land, including, but not limited to, development agreements, tentative subdivision maps, parcel maps, discretionary approvals and ministerial approvals for residential units, shall not be approved until any applicable findings required in Chapter 17.17 have been made.
(Ord. 16-361 § 1)
No structure or land shall hereafter be constructed, located,
extended, converted or altered without full compliance with the terms
of this chapter and other applicable regulations. Violation of the
requirements (including violations of conditions and safeguards established
in connection with conditions) shall constitute a misdemeanor. Nothing
herein shall prevent the city council from taking such lawful action
as is necessary to prevent or remedy any violation.
(Ord. 98-158)
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. 98-158)
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 state statutes.
(Ord. 98-158)
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 council, any officer or employee thereof,
the state of California, or the Federal Insurance Administration,
Federal Emergency Management Agency, for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made hereunder.
(Ord. 98-158)
This chapter and the various parts thereof are hereby declared
to be severable. Should any section of this chapter be declared by
the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the ordinance as a whole, or any portion
thereof other than the section so declared to be unconstitutional
or invalid.
(Ord. 12-313 § 1)
In all areas of special flood hazards, the following construction
standard is required.
A.
All
new construction and substantial improvements shall be adequately
anchored to prevent flotation, collapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy.
(Ord. 98-158)
In all areas of special flood hazards, the following construction
standard is required. All new construction and substantial improvement
shall be constructed as follows:
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/or located so as
to prevent water from entering or accumulating within the components
during conditions of flooding.
(Ord. 98-158)
In all areas of special flood hazards, the following construction standard is required. (See Section 15.56.050, for definitions of "basement," "lowest floor," "new construction," "substantial damage," and "substantial improvement.")
A.
Residential
construction, new or substantial improvement (including equipment
or mechanical items), shall have the lowest floor including basement
in an A zone, elevated at least one foot above the base flood elevation,
as determined by this community; and in all other zones, elevated
at least one foot above the base flood elevation. Upon completion
of the structure, the elevation of the lowest floor including basement
shall be certified by a registered professional engineer or surveyor,
or verified by the community building inspector to be properly elevated.
Such certification and verification shall be provided to the floodplain
administrator.
B.
Nonresidential construction, new or substantial improvement, shall either be elevated to conform with subsection A of this section or together with attendant utility and sanitary facilities require the follow-ing:
1.
Be floodproofed below the elevation recommended under subsection A of this section so that the structure is watertight with walls substantially impermeable to the passage of water;
2.
Have
structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy;
3.
Be
certified by a registered professional engineer or architect that
the standards of this subsection are satisfied. Such certification
shall be provided to the floodplain administrator.
C.
All
new construction and substantial improvement with fully enclosed areas
below the lowest floor (excluding basements) that are usable solely
for parking of vehicles, building access or storage, and which are
subject to flooding, shall be designed to automatically equalize hydrostatic
flood forces on exteri-or walls by allowing for the entry and exit
of floodwater. Designs for meeting this requirement must exceed the
following minimum criteria:
1.
Be
certified by a registered professional engineer or architect; or
2.
Have
a minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to
flooding. The bottom of all openings shall be no higher than one foot
above grade. Openings may be equipped with screens, louvers, valves
or other coverings or devices provided that they permit the automatic
entry and exit of floodwater.
(Ord. 98-158; Ord. 21-418 § 7)
A.
All
new and replacement water supply and sanitary sewage systems shall
be designed to minimize or eliminate infiltration of flood waters
into the systems, and discharge from the systems into flood waters.
B.
On-site
waste disposal systems shall be located to avoid impairment to them,
or contamination from them during flooding.
(Ord. 98-158)
A.
All
new subdivisions proposals and other proposed development, including
proposals for manufactured home parks and subdivisions, greater than
50 lots or five acres, whichever is the lesser, shall:
1.
Identify
the special flood hazard areas (SFHA) and base flood elevations (BFE);
2.
Identify
the elevations of lowest floors of all proposed structures and pads
on the final plans;
3.
If
the site is filled above the base flood elevation, the following as-built
information for each structure shall be certified by a registered
civil engineer or licensed land surveyor and provided as part of an
application for a letter of map revision based on fill (LOMR-F) to
the floodplain administrator:
B.
All
subdivision proposals and other proposed development shall be consistent
with the need to minimize flood damage.
C.
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.
D.
All
subdivisions and other proposed development shall provide adequate
drainage to reduce exposure to flood hazards.
(Ord. 98-158; Ord. 06-260 § 2)
A.
All
manufactured homes that are placed or substantially improved, within
Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map,
on sites at the following locations:
1.
Outside
of a manufactured home park or subdivision;
2.
In
a new manufactured home park or subdivision;
3.
In
an expansion to an existing manufactured home park or subdivision;
or
4.
In
an existing manufactured home park or subdivision on a site upon which
a manufactured home has incurred substantial damage as the result
of a flood, shall be elevated on a permanent foundation such that
the lowest floor of the manufactured home is elevated at least one
foot above the base flood elevation and be securely anchored to an
adequately anchored foundation system to resist flotation collapse
and lateral movement.
B.
All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH and AE on the community's Flood Insurance Rate Map that are not subject to the provisions of subsection A will be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement, and elevated so that either the lowest floor of the manufactured home is at least one foot above the base flood elevation; or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.
(Ord. 98-158)
A.
All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map will either be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use, or meet the permit requirements of Sections 15.56.230 through 15.56.260 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 15.56.160(A).
B.
A recreational
vehicle is ready for highway use if it is on wheels or jacking system,
is attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions.
(Ord. 98-158)
Located within areas of special flood hazard established in Section 15.56.060(B) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood water which carry debris, potential projectiles, and erosion potential, the following provisions apply:
A.
Until
a regulatory floodway is adopted, no new construction, substantial
development, or other development (including fill) shall be permitted
within Zones A1-30 and AE, unless it is demonstrated that the cumulative
effect of the proposed development, when combined with all other development,
will not increase the water surface elevation of the base flood more
than one foot at any point within the city of Lathrop.
B.
There
shall be no stockpiling of materials, products or overburden due to
the extraction of sand, gravel, or other material, which may create
an obstruction to the passage of flood flows or increase the velocity
or elevation of water within the floodway.
C.
Drainage
and flood control development shall be subject to the following conditions:
1.
The
net effect of any drainage or flood control structure, facility, channel,
or other project or combination of projects placed or enlarged within
a floodway shall be such that it does not increase the area, velocity,
or elevation of floodwater within the floodway.
2.
The
governing agency having jurisdictional authority over new levee construction,
levee modification, or levee maintenance shall condition the approval
of the project so that no increase in the area, velocity, or elevation
of floodwater within the floodway results.
3.
Notwithstanding
the foregoing, existing levees which protect and delineate a floodway
may be modified or maintained for the purpose of reducing the danger
or flood damage to the lands or other property the levees are designed
to protect.
D.
New
bridges spanning a floodway shall have the bottom of the lowest horizontal
member three feet or more above the 100 year flood elevation as determined
by the floodplain administrator.
E.
Encroachments,
including fill, new construction, substantial improvement, and other
new development shall be prohibited unless certification by a registered
professional engineer or architect is provided demonstrating that
encroachments shall not result in any increase in the base flood elevation
during the occurrence of the base flood discharge.
F.
If otherwise permitted by this section, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Sections 15.56.110 through 15.56.190. Additionally, all new construction shall be designed and constructed so as not to accumulate debris or redirect the floodway flow so as to cause erosion or increased water levels along levees defining the floodway.
(Ord. 98-158; Ord. 12-313 § 1)
The following uses and structures shall be prohibited within
areas of special flood hazard.
A.
The
following uses shall be prohibited within floodways:
1.
Storage
of hazardous materials, including, but not limited to, pesticides,
radioactive materials, explosives, and other materials which may be
hazardous to life, limb or property when inundated;
2.
Mobilehomes
and recreational vehicles not within parks with approved evacuation
plans;
3.
Double-wide
mobilehomes or expanded mobilehomes;
4.
New
cemeteries or expansion of existing cemeteries;
5.
New
sanitary landfills or expansion of existing sanitary landfills;
6.
Water
wells;
7.
Sewage
wastewater facilities.
B.
All
structures are prohibited within floodways, except that the structures
listed below are allowed, provided they do not reduce the channel
capacity of the floodway or cumulatively increase the flood elevation
of the 100 year flood as determined by the flood administrator.
1.
Pumps,
siphons, and appurtenances;
2.
Fences,
walls, signs, and other appurtenances, provided they do not block
potential floodwaters or create debris-catching obstacles to the passage
of flood waters and are approved by the community development department;
3.
Public
and private docks, wharves, piers, and boat-launching ramps;
4.
Marinas,
including ramps, gas pumps or docks, and other structures which must
be located on, above, or immediately adjacent to a watercourse, provided
there is no alternative to location in a floodway;
5.
Pilings
and other support structures;
6.
Railroads,
pipelines, utility lines, and public improvements such as roads and
streets, provided that passage of the 100 year flood is not impaired;
7.
Bridges,
provided that the bottom of the lowest horizontal member shall be
three feet or more above the 100 year flood elevation for major streams
and two feet or more above the 100 year flood elevation for minor
streams, as determined by the floodplain administrator.
(Ord. 98-158)
A.
The
variance criteria set forth in this section of the chapter is based
on the general principle of zoning law that variances pertain to a
piece of property and are not personal in nature. A variance may be
granted for a parcel of property with physical characteristics so
unusual that complying with the requirements of this chapter would
create an exceptional hardship to the applicant or the surrounding
property owners. The characteristics must be unique to the property
and not be shared by adjacent parcels. The unique characteristic must
pertain to the land itself, not to the structure, its inhabitants,
or the property owners.
B.
It
is the duty of the city council to help protect its citizens from
flooding. This need is so compelling and the implications of the cost
of insuring a structure built below flood level are so serious that
variances from the flood elevation or from other requirements in the
flood ordinance are quite rare. The long term goal of preventing and
reducing flood loss 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 is designed
to screen out those situations in which alternatives other than a
variance are more appropriate.
(Ord. 98-158)
A.
In
passing upon requests for variances, the city council shall consider
the technical evaluations, all relevant factors, standards specified
in other sections of this chapter, and the following:
1.
The
danger that materials may be swept onto other lands to the injury
of others;
2.
The
danger of 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 existing individual owner
and future owners of the property;
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 the 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 comprehensive plan and floodplain
management program for that area;
9.
The
safety of access to the property in time of flood for ordinary and
emergency vehicles;
10.
The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters 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 system, and streets
and bridges.
B.
Any
applicant to whom a variance is granted shall be given written notice
over the signature of the floodplain administrator of the following.
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 $25 for each $100 of insurance coverage.
2.
The
construction below the base flood level increases risks to life and
property. It is recommended that a copy of the notice be recorded
by the floodplain administrator in the office of the San Joaquin County
recorder in a manner so that it appears in the chain of title of the
affected parcel of land.
C.
The
floodplain administrator will maintain a record of all variance actions,
including justification for their issuance, and report such variances
issued in its biennial report submitted to the Federal Insurance Administration,
Federal Emergency Management Agency.
(Ord. 98-158)
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 15.56.110 through 15.56.190 and Sections 15.56.230 through 15.56.260 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 15.56.050 upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic character and design of the structure.
C.
Variances
shall not be issued within any mapped regulatory floodway if any increase
in flood levels during the base flood discharge would result.
D.
Variances
shall only be issued upon a determination that the variance is the
minimum necessary considering the flood hazard, to afford relief.
"Minimum necessary" means to afford relief with a minimum of deviation
from the requirements of this chapter. For example, in the case of
variances to an elevation requirement, this means the city council
need not grant permission for the applicant to build at a grade, or
even to whatever elevation that applicant proposes, but only to that
elevation which the city council believes will provide both relief
and preserve the integrity of the local ordinance.
E.
Variances
shall only be issued upon the following:
1.
A
showing of good and sufficient cause;
2.
A determination that failure to grant the variance would result in exceptional hardship (as defined in Section 15.56.050) to the applicant;
3.
A
determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, or extraordinary
public expense, create a nuisance, cause fraud or victimization of
the public, or conflict with existing local laws or ordinances.
F.
Variances may be issue or new construction, substantial improvement, or other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections A through E of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.
G.
Upon consideration of the factors in Section 15.56.210(A) and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(Ord. 98-158)
A.
A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 15.56.060(B). Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing.
B.
Specifically,
the following information is required:
1.
Proposed
elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures; or
2.
Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, if required in Section 15.56.130(A);
3.
All appropriate certifications listed in Section 15.56.250(D) of this chapter; and
4.
A
description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
(Ord. 98-158)
The city engineer or the city manager's designee is appointed
to administer, implement and enforce this chapter by granting or denying
development permits in accord with its provisions.
(Ord. 98-158; Ord. 10-298 § 1; Ord. 24-455, 2/12/2024)
The duties and responsibilities of the floodplain administrator
shall include, but not be limited to the following.
A.
Permit
Review. Review all development permits to determine the following:
1.
Permit
requirements of this chapter have been satisfied;
2.
All
other required state and federal permits have been obtained;
3.
The
site is reasonably safe from flooding;
4.
The
proposed development does not adversely affect the carrying capacity
of areas where base flood elevations have been determined but a floodway
has not been designated. This means that the cumulative effect of
the proposed development when combined with all other existing and
anticipated development will not increase the water surface elevation
of the base flood more than one foot at any point within the city
of Lathrop.
B.
Review and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.56.060(B), the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Sections 15.56.110 through 15.56.190. Any such information shall be submitted to the city council for adoption.
C.
Notification
of Other Agencies.
1.
In
alteration or relocation of a watercourse:
a.
Notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation;
b.
Submit evidence of such notification to the Federal Insurance Administration,
Federal Emergency Management Agency;
c.
Assure that the flood-carrying capacity within the altered or relocated
portion of the watercourse is maintained.
2.
Base
Flood Elevation changes due to physical alterations:
a.
Within six months of information becoming available or project completion,
whichever comes first, the floodplain administrator shall submit or
assure that the permit applicant submits technical or scientific data
to FEMA for a letter of map revision (LOMR).
b.
All LOMRs for flood control projects are approved prior to the issuance
of building permits. Building permits must not be issued based on
conditional letters of map revision (CLOMRs). Approved CLOMRs allow
construction of the proposed flood control project and land preparation
as specified in the "start of construction" definition.
Such submissions are necessary so that upon confirmation of
those physical changes affecting flooding conditions, risk premium
rates and floodplain management requirements are based on current
data.
D.
Documentation
of Floodplain Development. Obtain and maintain for public inspection
and make available as needed the following:
1.
Certification required by Section 15.56.130(C), lowest floor elevation;
2.
Certification required by Section 15.56.130(B), elevation or floodproofing of nonresidential structures;
3.
Certification required by Section 15.56.130(C), wet floodproofing standard;
4.
Certification of elevation required by Section 15.56.150(B), subdivision standards;
5.
Certification required by Section 15.56.180(E), floodway encroachments.
E.
Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, 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 15.56.200 through 15.56.220.
(Ord. 98-158; Ord. 12-313 § 1)
The city council of the city of Lathrop shall hear and decide
appeals when it is alleged there is an error in any requirement, decision,
or determination made by the floodplain administrator in the enforcement
or administration of this chapter.
(Ord. 98-158)
