For the purposes of this chapter, unless otherwise apparent
from the context, certain words and phrases used in this chapter are
defined as set forth in this article.
(§ 1, Ord. 655, eff. May 19, 1988)
"Alluvial fan" shall mean 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.
(§ 2, Ord. 914, eff. March 24, 2021)
"Apex" shall mean a point on an alluvial fan or similar landform
below which the flow path of the major stream that formed the fan
becomes unpredictable and alluvial fan flooding can occur.
(§ 2, Ord. 914, eff. March 24, 2021)
"Appeal" shall mean a request for a review of the Floodplain
Administrator's interpretation of any provision of this chapter or
a request for a variance.
(§ 1, Ord. 655, eff. May 19, 1988)
"Area of shallow flooding" shall mean a designated AO or AH
Zone on the Flood Insurance Rate Map (FIRM). The base flood depths
range from one to three feet; a clearly defined channel does not exist;
the path of flooding is unpredictable and indeterminate; and velocity
flow may be evident.
(§ 1, Ord. 655, eff. May 19, 1988)
"Base flood" shall mean the flood having a one percent chance
of being equaled or exceeded in any given year (also called the "100-year
flood").
(§ 1, Ord. 655, eff. May 19, 1988)
"Base flood elevation (BFE)" shall mean the elevation shown
on the Flood Insurance Rate Map for Zones AE, AH, A1-30, VE and V1-V30
that indicates the water surface elevation resulting from a flood
that has a one-percent or greater chance of being equaled or exceeded
in any given year.
(§ 2, Ord. 914, eff. March 24, 2021)
"Basement" shall mean any area of a building having its floor
subgrade (below the ground level) on all sides.
(§ 1, Ord. 655, eff. May 19, 1988)
"Breakaway wall" shall mean any type of wall, whether solid
or lattice, and whether constructed of concrete, masonry, wood, metal,
plastic, or any other suitable building material, which wall is not
part of the structural support of the building, and which is designed
to break away under abnormally high tides or wave action without causing
any damage to the structural integrity of the building on which it
is used or any building to which it might be carried by floodwaters.
A breakaway wall shall have a safe design loading resistance of not
less than 10 and no more than 20 pounds per square foot. The use of
breakaway walls shall be certified by a registered engineer or architect
and shall 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 shall not incur any structural damage
due to the effects of wind and water loads acting simultaneously in
the event of the base flood.
(§ 1, Ord. 655, eff. May 19, 1988)
"Development" shall mean any man-made change to improved or
unimproved real estate, including, but not limited to, buildings or
other structures or mining, dredging, filling, grading, paving, excavation,
or drilling operations or storage of equipment or materials.
(§ 1, Ord. 655, eff. May 19, 1988, as amended by § 2, Ord.
914, eff. March 24, 2021)
"Existing manufactured home park or subdivision" means a manufactured
home park or subdivision for which the construction of facilities
for servicing the lots on which the manufactured homes are to be affixed
(including, at a minimum, the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads) is completed before January 11, 1979.
(§ 1, Ord. 844, eff. September 12, 2014)
"Expansion to an existing manufactured home park or subdivision"
means the preparation of additional sites by the construction of facilities
for servicing the lots on which the manufactured homes are to be affixed
(including the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads).
(§ 2, Ord. 844, eff. September 12, 2014)
"Flood" or "flooding" shall mean a general and temporary condition
of partial or complete inundation of normally dry land areas from:
(1) the overflow of flood waters; (2) the unusual and rapid accumulation
or runoff of surface waters from any source; and/or (3) 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
a flash flood or abnormal tidal surge, or by some similarly unusual
and unforeseeable event which results in flooding as defined in this
section.
(§ 1, Ord. 655, eff. May 19, 1988)
"Flood Boundary and Floodway Map" shall mean the official map
on which the Federal Emergency Management Agency or Federal Insurance
Administration has delineated both the areas of flood hazard and the
floodway.
(§ 1, Ord. 655, eff. May 19, 1988)
"Flood Insurance Rate Map (FIRM)" shall mean the official map
on which the Federal Emergency Management Agency or Federal Insurance
Administration has delineated both the special flood hazard areas
and the risk premium zones applicable to the community.
(§ 1, Ord. 655, eff. May 19, 1988)
"Flood Insurance Study" shall mean the official report provided
by the Federal Insurance Administration which includes flood profiles,
the FIRM, the Flood Boundary and Floodway Map, and the water surface
elevation of the base flood.
(§ 1, Ord. 655, eff. May 19, 1988)
"Floodplain or flood-prone area" shall mean any land area susceptible to being inundated by water from any source (see "Flooding," Section 9-9.207 of this article).
(§ 1, Ord. 655, eff. May 19, 1988)
"Floodplain management" shall mean the operation of an overall
program of corrective and preventative measures for reducing flood
damages, including, but not limited to, emergency preparedness plans,
flood control works, and floodplain management regulations.
(§ 1, Ord. 655, eff. May 19, 1988)
"Floodplain management regulations" shall mean the zoning provisions,
subdivision regulations, building codes, health regulations, special
purpose regulations (such as floodplain regulations, grading regulations,
and erosion control regulations), and other applications of police
powers. "Floodplain management regulations" describes such State or
local regulations, in any combination thereof, which provide standards
for the purpose of flood damage prevention and reduction.
(§ 1, Ord. 655, eff. May 19, 1988)
"Floodproofing" shall mean any combination of structural or
nonstructural additions, changes, or adjustments to structures which
reduce or eliminate flood damages to real estate or improved real
property, water and sanitary facilities, or structures and their contents.
(§ 1, Ord. 655, eff. May 19, 1988)
"Floodway" shall mean the channel of a river or other watercourse
and the adjacent land areas which 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."
(§ 1, Ord. 655, eff. May 19, 1988)
"Functionally dependent use" shall mean a use which cannot perform
its intended purpose unless it is located or carried out in close
proximity to water.
(§ 1, Ord. 655, eff. May 19, 1988)
"Highest adjacent grade" shall mean the highest natural elevation
of the ground surface prior to construction next to the proposed walls
of a structure.
(§ 1, Ord. 655, eff. May 19, 1988)
"Historic structure" means any structure that is:
(a)
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;
(b)
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;
(c)
Individually listed on the State of California inventory of historic
places; or
(§ 3, Ord. 844, eff. September 12, 2014)
"Lowest floor" shall mean the lowest floor of the lowest enclosed
area (including the basement). An unfinished or flood resistant enclosure,
usable solely for the parking of vehicles, building access, or storage
in an area other than a basement area, is not considered a building's
lowest floor provided such enclosure is not built so as to render
the structure in violation of the applicable non-elevation design
requirements of this chapter.
(§ 1, Ord. 655, eff. May 19, 1988)
"Manufactured home" shall mean 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 connected
to the required utilities. For floodplain management purposes, "manufactured
home" shall also include park trailers, travel trailers, and other
similar vehicles placed on a site for more than 180 consecutive days,
but does not include a "recreational vehicle."
(§ 1, Ord. 655, eff. May 19, 1988, as amended by § 2, Ord.
914, eff. March 24, 2021)
"Manufactured home park or subdivision" shall mean a parcel
(or contiguous parcels) of land divided into two or more manufactured
home lots for sale or rent.
(§ 1, Ord. 655, eff. May 19, 1988)
"Mean sea level" shall mean, for the 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 the base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
(§ 1, Ord. 655, eff. May 19, 1988, as amended by § 2, Ord.
914, eff. March 24, 2021)
"New construction" shall mean, for floodplain management purposes,
structures for which the "start of construction" commenced on or after
January 11, 1979.
(§ 1, Ord. 655, eff. May 19, 1988, as amended by § 2, Ord.
914, eff. March 24, 2021)
"New manufactured home park or subdivision" means a manufactured
home park or subdivision for which the construction of facilities
for servicing the lots on which the manufactured homes are to be affixed
(including at a minimum, the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads) is completed on or after January 11, 1979.
(§ 4, Ord. 844, eff. September 12, 2014)
"One hundred-year flood" or "100-year flood" shall mean a flood
which has a one percent annual probability of being equaled or exceeded.
"One hundred-year flood" is identical to the "base flood," which will
be the term used in this chapter.
(§ 1, Ord. 655, eff. May 19, 1988)
"Person" shall mean an individual, or his or her agent, firm,
partnership, association, or corporation, or agent of such, or the
State or its agencies or political subdivisions.
(§ 1, Ord. 655, eff. May 19, 1988)
"Recreational vehicle" means a vehicle which is:
(a)
Built on a single chassis;
(b)
Four hundred square feet or less when measured at the largest horizontal
projection;
(c)
Designed to be self propelled or permanently towable by a light duty
truck; and
(d)
Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
(§ 5, Ord. 844, eff. September 12, 2014)
"Regulatory floodway" means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in order
to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot.
(§ 2, Ord. 914, eff. March 24, 2021)
"Remedy a violation" shall mean to bring the structure, or other
development, into compliance with State or local floodplain management
regulations or, if such is not possible, to reduce the impacts of
its noncompliance. Ways 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 Federal financial exposure
with regard to the structure or other development.
(§ 1, Ord. 655, eff. May 19, 1988)
"Riverine" shall mean relating to, formed by, or resembling
a river (including its tributaries), stream, brook, or the like.
(§ 1, Ord. 655, eff. May 19, 1988)
"Special flood hazard area (SFHA)" shall mean an area having
special flood or flood-related erosion hazards and shown on an FHBM
or FIRM as Zone A, AO, A1-30, AE, A99, or AH.
(§ 1, Ord. 655, eff. May 19, 1988)
"Start of construction" shall mean and include substantial improvement
and shall mean the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, placement, or
other improvement was within 180 days of the permit date. "Actual
start" shall mean either the first placement of the permanent construction
of a structure on a site, such as the pouring of slabs or footings,
the installation of piles, the construction of columns, any work beyond
the stage of excavation, or the placement of a manufactured home on
a foundation. "Permanent construction" shall not include land preparation,
such as clearing, grading, and filling; nor shall it include excavations
for basements, footings, piers, or foundations for the erection of
temporary forms; nor shall it include the installation on the property
of accessory buildings, such as garages or sheds, not occupied as
dwelling units or not a 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.
(§ 1, Ord. 655, eff. May 19, 1988, as amended by § 2, Ord.
914, eff. March 24, 2021)
"Structure" shall mean a walled and roofed building, including
a gas or liquid storage tank, which is principally above the ground,
as well as a manufactured home.
(§ 1, Ord. 655, eff. May 19, 1988)
"Substantial damage" means damage of any origin sustained by
a structure whereby the cost of restoring the structure to its before
damaged condition would equal or exceed 50% of the market value of
the structure before the damage occurred.
(§ 6, Ord. 844, eff. September 12, 2014)
"Substantial improvement" shall mean any repair, reconstruction,
or improvement of a structure, the cost of which equals or exceeds
50% of the market value of the structure either:
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(a)
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Before the improvement or repair is started; or
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(b)
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If the structure has been damaged and is being restored, before
the damage occurred.
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For the purposes of this definition, "substantial improvement"
shall be considered to occur when the first alteration of any wall,
ceiling, floor, or other structural part of the building commences,
whether or not such alteration affects the external dimensions of
the structure. "Substantial improvement" shall not include, however,
either:
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(a)
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Any project for the improvement of a structure to comply with
existing State or local health, sanitary, or safety code specifications
which are solely necessary to assure safe living conditions; or
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(b)
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Any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
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(§ 1, Ord. 655, eff. May 19, 1988)
"Variance" shall mean a grant of relief from the requirements
of this chapter which variance permits construction in a manner which
would otherwise be prohibited by this chapter.
(§ 1, Ord. 655, eff. May 19, 1988)
"Violation" shall mean the failure of a structure or other development
to be fully compliant with the City's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required by
this chapter shall be presumed to be in violation until such time
as such documentation is provided.
(§ 1, Ord. 655, eff. May 19, 1988)
