Chapter 9.52 — FLOODPLAIN REGULATIONS

Government Code sections 65302, 65560 and 65800 confers upon local government authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

(Prior code § 9-13.01)

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. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

(Prior code § 9-13.02)

It is the purpose of chapter 13 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:

(a)

To protect human life and health;

(b)

To minimize expenditure of public money for costly flood control projects;

(c)

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(d)

To minimize prolonged business interruptions;

(e)

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

(f)

To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

(g)

To ensure that potential buyers are notified that property is in an area of special flood hazard; and

(h)

To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(Prior code § 9-13.03)

In order to accomplish its purposes, this chapter includes methods and provisions for:

(a)

Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazard or which result in damaging increases in flood height or velocities;

(b)

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(c)

Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

(d)

Controlling filling, grading, dredging, and other development which may increase flood damage; and,

(e)

Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

(Prior code § 9-13.04)

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.

"Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year (also called the "100-year flood").

"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.

"Department of Water Resources (DWR)" means the California Department of Water Resources (DWR), a State agency which is part of the California Natural Resources Agency. The DWR is responsible for the State of California's management and regulation of water usage. The California Department of Water Resources was charged under SB 5 and SB 1278 with the development of the 2013 Urban Level of Flood Protection criteria.

"Development" 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, and storage or equipment and/or materials.

"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 24, 1991.

"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).

"Federal Flood Standard" is the 100-year flood or 1 percent annual chance flood. See "100-year floodplain" definition.

"Flood Administrator" means the individual appointed to administer and enforce the floodplain management regulations within the community.

"Flood Hazard Zone" means an area subject to flooding that is delineated as either a special hazard area or an area of moderate 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 hazard zones, will be free from flooding or flood damage.

"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency's Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

"Flood Insurance Rate Study" means the official report provided by the Federal Emergency Management Agency's Insurance Administration that includes flood profiles and the water surface elevation of the base flood and the Flood Insurance Rate Map.

"Flood Proofing" means any combination of structural and non-structural 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.

"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. Also referred to as a "regulatory floodway."

"Floodway encroachment lines" means the lines marking the limits of floodways on Federal, State and local floodplain maps.

"Floodway fringe" is the areas of a floodplain on either side of the designated floodway where encroachment may be permitted.

"Fraud and victimization" related to Section 9.52.210, "Variances," of this chapter means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Building Board of Appeals 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 (50-100) 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, inconveniences, 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.

"Hardship" as related to Section 9.52.210 of this chapter means the hardship that would result from a failure to grant the requested variance.

The Appeal Board requires that 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 exceptional hardships. All of these problems can be resolved through other means, without granting a variance. This is so even if the alternative means are more extensive or complicated than building with a variance, or if they require the property owner to put the parcel to a different use than originally intended, or to building elsewhere.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"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 registered historic district; (c) individually listed on the California inventory of historic places; or (d) individually listed on a local inventory of historic places in communities with historic preservation program that have been certified either: (1) by an approved state program as determined by the Secretary of the Interior or (2) directly by the Secretary of the Interior in states with approved programs.

"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that the enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Section 9.52.150.

"Manufactured home" 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."

"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

"Mean sea level" 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.

"Minimum necessary" related to Section 9.52.210 of this chapter means the minimum necessary to afford relief to the applicant of a variance with a minimum deviation from the requirements of this chapter. In the case of variances to an elevation requirement, this means the Variance Board need not grant permission for the applicant to build at grade, for example, or even to whatever elevation the applicant proposes, but only that level that the Board believes will both provide relief and preserve the integrity of the local chapter.

"New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after January 24, 1991, and includes any subsequent improvements to such structures.

"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 24, 1991.

"Non-urbanized area" means a developed area or an area outside a developed area in which there are fewer than 10,000 residents (Government Code Section 65007(f).

"Public safety and nuisances" as related to Section 9.52.210 of this chapter, means the granting of a variance must not result in additional threats to public safety or create nuisances. This chapter is intended to help protect the health, safety, well-being, and property of the local citizens. This is a long-range community effort made up of a combination of approaches such as adequate drainage systems, warning and evacuation plans, and keeping new property above the flood levels. These long-term goals can only be met if exceptions to the requirements of this chapter are kept to a bare minimum.

"Recreational vehicle" means a vehicle which is: (a) built on a single chassis; (b) 400 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.

"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 a designated height.

"Special Flood Hazard Area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year therefore having special flood or flood-related erosion hazards, and shown on a Flood Insurance Rate Map as Zone A, AO, A1-A30, AE, A99, AH, VI-V30, VE or V.

"Start of construction" 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, footing, 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.

s 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.

"Structure" means for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure" for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation.

"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 fifty (50%) percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) 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 living conditions; or (2) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure".

"Urban Area" is defined as a developed area in which there are 10,000 residents or more (Government Code Section 65007(l).

"Urbanizing Area" means a developed area or an area outside a developed area that is planned or anticipated to have 10,000 residents or more within the 10 years (Government Code Section 65007(m).

"Urban Level of Flood Protection" means the level of protection that is necessary to withstand flooding that has a 1-in-200 chance of occurring in any given year using criteria consistent with, or developed by, the Department of Water Resources. Urban Level of Flooding shall not mean shallow flooding or flooding from local drainage that meets the criteria of the national Federal Emergency Management Agency standard of flood protection.

"Variance" 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.

"Violation" means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

(Prior code § 9-13.05)

(Ord. No. 1199, § 1, 10-6-2015; Ord. No. 1221, § 1, 7-5-2016)

(a)

Applicability. This chapter applies to all areas of special flood hazard areas within the jurisdiction of the City. Special flood hazard areas are those identified by the Federal Emergency Management Agency in the scientific and engineering report entitled The Flood Insurance Study of the City of Tracy, dated January 24, 1991, and all subsequent amendments and/or revisions, which are adopted by reference and declared to be a part of this chapter. This Flood Insurance Study and Flood Insurance Rate Map 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 and maps are on file in the office of the Development Services Director, 333 Civic Center Plaza, Tracy, California.

(b)

Required findings. Under California Government Code section 65962, if a proposed project is located within a flood hazard zone, the City may not approve:

(1)

a Development Agreement; or

(2)

a discretionary permit or other discretionary entitlement that would result in the construction of a new building or construction that would result in an increase in allowed occupancy for an existing building; or

(3)

a ministerial permit that would result in the construction of a new residence; or

(4)

a tentative map, or a parcel map for which a tentative map was not required unless the City finds, based on substantial evidence in the record, one of the following:

(i)

The facilities of the State Plan of Flood Control or other flood management facilities protect the project to the urban level of flood protection in urban or urbanizing areas; or, the national Federal Emergency Management Agency (FEMA) standard of flood protection in non-urbanized areas.

(ii)

The City has imposed conditions on the permit or entitlement that will protect the project to the urban level of flood protection in urban and urbanizing area; or, the national Federal Emergency Management Agency (FEMA) standard of flood protection in non-urbanized areas.

(iii)

If the property is intended to be protected by project levees, the City has made adequate progress on the construction of as flood protection system which will result in flood protection equal to or greater than the urban level of flood protection in urban and urbanizing areas; or, the national Federal Emergency Management Agency (FEMA) standard of flood protection in non-urbanized areas the urban level of flood protection shall be achieved by 2025.

(iv)

The City has imposed conditions on the permit or entitlement that will protect the project to the National FEMA Standard of Flood Protection in an urban or urbanizing area where the project is subject to shallow flooding or local drainage.

(Prior code § 9-13.06)

(Ord. No. 1199, § 2, 10-6-2015; Ord. No. 1221, § 2, 7-5-2016)

No new construction, or substantial improvement of a structure or other development that would require a building or grading permit pursuant to the applicable provisions of the California Building Code as adopted and modified in Title 9 of the Code shall take place in an area of special flood hazard without full

compliance with the terms of this chapter and other applicable flood control regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute an infraction. Nothing herein shall prevent the City from taking such lawful action as is necessary to prevent or remedy any violation.

(Prior code § 9-13.07)

(Ord. No. 1199, § 3, 10-6-2015)

This chapter is not intended to repeal, abrogate, or impair any existing easement, covenant, or deed restriction. However, where this chapter or another chapter, ordinance, easement, covenant, or deed restriction conflicts or overlaps, whichever imposes the more stringent restriction shall prevail.

(Prior code § 9-13.08)

In the interpretation and application of this chapter, all provisions shall be:

(a)

Considered as minimum requirements;

(b)

Liberally construed in favor of the governing body; and

(c)

Deemed neither to limit nor repeal any other powers granted under State statutes.

(Prior code § 9-13.09)

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 hazard 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 Insurance Administration of the Federal Emergency Management Agency for any flood damage that results from reliance on this chapter or any administrative decision lawfully made thereunder.

(Prior code § 9-13.10)

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 or as a whole, or any portion thereof, other than the section so declared to be unconstitutional or invalid.

(Prior code § 9-13.11)

A development permit shall be obtained before any construction or development begins within an area of special flood hazard established by Section 9.52.060 of this chapter. Applications for development permits

shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

(a)

The proposed elevations, in relation to mean sea level and base flood elevation, of the lowest floor elevation (including basement) of all structures;

(b)

Proposed elevation, in relation to mean sea level and base flood elevation, to which any structure will be floodproofed;

(c)

All appropriate certifications listed in subsection (d) of Section 9.52.140 of this chapter; and

(d)

A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(e)

A complete grading plan for the site showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, utilities including electricity, phone, cable, gas, water and sewer, drainage facilities, floodways; and the locations of the foregoing.

(Prior code § 9-13.12)

(Ord. No. 1199, § 4, 10-6-2015)

9.52.130 - Designation of the floodplain administrator.

The City Development Services Director, or his/her designee, is appointed as the Floodplain Administrator to administer and implement this chapter by granting or denying development permits in accordance with the provisions of this chapter.

(Prior code § 9-13.13)

(Ord. No. 1199, § 5, 10-6-2015)

9.52.140 - Duties and responsibilities of the floodplain administrator.

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:

(a)

Review development permits as follows:

(1)

Review all development permits to determine that the permit requirements of this chapter have been satisfied;

(2)

All other required state and federal permits have been obtained;

(3)

The site is reasonably safe from flooding; and

(4)

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affect" means that the cumulative effect of the chapter, proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood;

(b)

When base flood elevation data has not been provided in accordance with Section 9.52.060 of this chapter, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source in order to administer Section 9.52.150 through 9.52.200 of this chapter. Any such information shall be.submitted to the City Council for adoption;

(c)

Notification of other agencies:

(1)

Alteration or relocation of a watercourse:

i.

Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

ii.

Submit evidence of such notification to the Federal Emergency Management Agency; and

iii.

Assure that the flood carrying capacity within the altered or relocated portion of the watercourse is maintained.

(2)

Base Floor Elevation changes due to physical alterations:

i.

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).

ii.

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 Revisions (CLOMRs). Approved CLOMRs allow construction of the proposed floor 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.

(3)

Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of the city clearly delineating the new corporate limits.

(d)

Obtain and maintain for public inspection and make available as needed:

(1)

The certification required by Section 9.52.150 (c)(1) (Elevation and Floodproofing) indicating the lowest floor elevation;

(2)

The certification required by Section 9.52.150 (c)(2) (Elevation and Floodproofing, of nonresidential structures) indicating the lowest floor elevation;

(3)

The certification required by Section 9.52.150 (c)(3) and (4) (Elevation and floodproofing, wet floodproofing standards);

(4)

The certification of elevation required by subsection 9.52.170(b) (Standards for subdivisions); and

(5)

The certification required by subsection 9.52.200 (Floodways).

(e)

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 Sections 9.52.210, 9.52.220 and 9.52.230 of this chapter; and

(f)

Make action to remedy violations of this chapter as set forth in Section 9.52.070 of this chapter.

(Prior code § 9-13.14)

(Ord. No. 1199, § 6, 10-6-2015)

In all areas of special flood hazard, the following standards shall be required:

(a)

Anchoring.

(1)

All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(2)

All manufactured homes shall meet the anchoring standards set forth in Section 9.52.180 of this chapter.

(b)

Construction Materials and Methods.

(1)

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(2)

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(3)

All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities which are designed and/or located so

as to prevent water from entering or accumulating within the components during conditions of flooding.

(c)

Elevation and Floodproofing.

(1)

New construction and substantial improvements shall have the lowest floor elevation, including basement, elevated one foot or higher above the base flood elevation. Nonresidential structures may meet the standards set forth in subsection (3) of this subsection. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.

(2)

Nonresidential construction shall either be elevated to conform with subsection (1) of this subsection or, together with attendant utility and sanitary facilities:

(i)

Be floodproofed so that below the base flood level 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 engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator.

(3)

For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

(i)

Either 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. Fifty Percent of the provided openings shall be located on each of two separate wall lines (sides). The bottom of all openings shall be no higher than one

foot above grade. Openings may be equipped with screens, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or

(ii)

Be certified to comply with a local floodproofing standard Federal Insurance Administration of Federal Emergency Management Agency.

(4)

Manufactured homes shall also meet the standards set forth in Section 9.52.180 of this chapter.

(Prior code § 9-13.15)

(Ord. No. 1199, § 7, 10-6-2015; Ord. No. 1274, § 23, 11-19-2019)

(a)

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and the discharge of untreated effluent from sanitary systems into floodwater.

(b)

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(Prior code § 9-13.16)

9.52.170 - Standards for subdivision.

(a)

All preliminary subdivision proposals shall identify the flood hazard area and the base flood elevation. The documents shall clearly indicate the Lowest Adjacent Grade and the Highest Adjacent Grade prior to the alteration of the existing topography before grading (cut or fill).

(b)

All final subdivision plans will provide the lowest floor elevation of proposed structures and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer and provided to the Floodplain Administrator and a Letter of Map Revision will be submitted to FEMA in accordance with Section 9.52.140(c).

(c)

All subdivision proposals shall be consistent with the need to minimize flood damage.

(d)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(e)

All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

(Prior code § 9-13.17)

(Ord. No. 1199, § 8, 10-6-2015)

9.52.180 - Standards for manufactured homes.

(a)

All manufactured homes that are placed or substantially improved within a special flood hazard area on the community's Flood Insurance Rate Map: (1) outside of a manufactured home park or subdivision, (2) in a new and manufactured home park of subdivision, (3) in an expansion to an existing manufactured home park or subdivision, (4) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood:

(1)

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 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 on the community's Flood Insurance Rate Map that are not subject to the provisions of this section will be elevated so that either:

(1)

The lowest floor of the manufactured home is at or above the base flood elevations; or

(2)

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36?) inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(Prior code § 9-13.18)

All recreational vehicles placed on sites within a floodplain shown on the community's Flood Insurance Rate Map will either:

(a)

Be on the site for fewer than 180 consecutive days;

(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 9.52.120 (Establishment of development permits) and the elevation and anchoring requirements for manufactured homes in Section 9.52.180 of this chapter.

(Prior code § 9-13.19)

(Ord. No. 1199, § 9, 10-6-2015)

9.52.200 - Floodways.

Located within areas of special flood hazard established in Section 9.52.060 of this chapter are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(a)

Prohibit encroachments, including fill, new construction, substantial improvement, and other new development, unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; and

(b)

If the provisions of subsection (a) of this section are satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Sections 9.52.150 through 9.52.190 of this chapter and this section.

(Prior code § 9-13.20)

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. Though these standards vary from jurisdiction to jurisdiction, in general, a properly issued variance is 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.

The 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 chapter are quite

rare. 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.

(a)

The Development Services Director shall hear and decide appeals and requests for variance from the requirements of this chapter.

(b)

In passing upon such requests, the Development Services Director shall consider all evaluations and all relevant factors, all standards specified in other sections of this chapter; and:

(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;

(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 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 water expected at the site; and

(11)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(c)

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 and no/100ths ($25.00) Dollars for One Hundred and no/100ths ($100.00) Dollars of insurance coverage; and (2) such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the Floodplain Board in the Office of the San Joaquin County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(d)

The Floodplain Administrator shall 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.

(Prior code § 9-13.21)

(Ord. No. 1199, § 10, 10-6-2015)

(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 (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that all of the provisions of this chapter have been fully considered. As the lot size increases beyond one-half (½) 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 9.56.040 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a 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 designated floodway if any increase in flood levels during the base flood discharge would result.

(d)

Variances shall only be issued upon a determination that the variances are the "minimum necessary," as defined in Section 9.52.050 of this chapter, considering the flood hazard, to afford relief.

(e)

Variances shall only be issued upon: (1) a showing of good and sufficient cause; (2) a determination that failure to grant the variance would result in exceptional "hardship" to the applicant (as defined in Section 9.52.050 of this chapter); and (3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create "nuisances" (as defined in Section 9.52.050 of this chapter) of the public, or conflict with existing local laws or ordinances.

(f)

Variances may be issued for new construction, substantial improvement and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of 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 create no additional threats to public safety.

(g)

Upon consideration of the factors of Section 9.52.210 and the purposes of this chapter, the Development Services Director may attach such conditions to the granting of variances as he or she deems necessary to further the purposes of this chapter.

(Prior code § 9-13.22)

(Ord. No. 1199, § 11, 10-6-2015)

When it is alleged there is an error in any requirement, decision or determination made by the Development and Engineering Services Director in the enforcement or administration of this chapter, an aggrieved person may appeal the decision or determination to the City Manager under section 1.12.010.

(Ord. 1111 § 4 Exh. A (part), 2007: prior code § 9-13.23)

This chapter may be enforced through any of the means or procedures set forth in Title 1 of this code.

(Ord. 1040 § 5 Exh. E (part), 2002: prior code § 9-13.24)

(Ord. No. 1199, § 12, 10-6-2015)