159.311 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY USE . A use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

ALLUVIAL FAN . 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.

APEX . The point of highest elevation on the alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

APPEAL . A request for a review of the Floodplain Administrator's interpretation of any provision of this subchapter or a request for a variance.

AREA OF SPECIAL FLOOD HAZARD . See SPECIAL FLOOD HAZARD AREA .

BACKFILL . The placement of fill material within a specified depression, hole or excavation pit below the surrounding adjacent ground level as a means of improving flood water conveyance or to restore the land to the natural contours existing prior to excavation.

BASE FLOOD . The flood having a 1% chance of being equaled or exceeded in any given year. Also called the 100- YEAR FLOOD .

BASEMENT . Any area of the building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALLS . Any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A BREAKAWAY WALL shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway wall must be certified by a registered engineer or architect and shall meet the following conditions:

1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

2. 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.

BUILDING . See STRUCTURE .

CRITICAL FEATURE . An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

CURVILINEAR LINE . The border on either a flood hazard boundary map or flood insurance rate map that delineates the special flood, mudslide (such as mudflow) and/or flood-related erosion hazard areas and consists of a curved or contour line that follows the topography.

DEVELOPMENT . Any man-made 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.

DEVELOPMENT PERMIT . Any permit required for development of private or public lands by the city or another agency, government or otherwise. The permit allows development to improved or unimproved real estate and includes, but is not limited to grading permits, encroachment permits, water and sewer permits, building permits and permits required by the environmental health and planning departments.

ENCROACHMENT . 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.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION . 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.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION . 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).

FILL . The placement of fill material at a specified location to bring the ground surface up to a desired elevation.

FILL MATERIAL . Natural sand, dirt, soil or rock. For the purposes of floodplain management, FILL MATERIAL may include concrete, cement, soil cement, brick or similar material as approved on a case-by-case basis.

FLOOD, FLOODING or FLOOD WATER .

1. A general and temporary condition of partial or complete inundation of normally dry land areas from:

   1. The overflow of inland or tidal waters;

   2. The unusual and rapid accumulation or runoff of surface waters from any source; and/or

   3. Mudslides (such as mudflows) which are proximately caused by flooding as defined in division (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; and

2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in division (1)(a) of this definition.

sed by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in division (1)(a) of this definition.

FLOOD ELEVATION DETERMINATION . A determination by the administrator of the water surface elevations of the base flood; that is, the flood level that has a 1% or greater chance of occurrence in any given year.

FLOOD ELEVATION STUDY . An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (such as mudflow) and/or flood-related erosion hazards.

FLOOD HAZARD BOUNDARY MAP . The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

FLOOD INSURANCE RATE MAP (FIRM) . 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.

FLOOD INSURANCE STUDY . The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and floodway map and the water surface elevation of the base flood.

FLOODPLAIN or FLOOD-PRONE AREA . Any land area susceptible to being inundated by water from any source. See FLOODING .

FLOODPLAIN ADMINISTRATOR . The individual appointed to administer and enforce the floodplain management regulations.

FLOODPLAIN MANAGEMENT . The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS . Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain management regulations).

FLOOD PROTECTION SYSTEM . Those physical structural works for which funds have been authorized, appropriated and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed to conform with sound engineering standards.

FLOODPROOFING . 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 . 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 cumulative increasing the water surface elevation more than 1 foot. Also referred to as REGULATORY FLOODWAY .

FLOODWAY ENCROACHMENT LINES . The lines marking the limits of floodways on federal, state and local floodplain maps.

FLOODWAY FRINGE . The areas of a floodplain on either side of the designated floodway where encroachment may be permitted.

FRAUD AND VICTIMIZATION . Related to § 159.315 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 government 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.

FREEBOARD . A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. FREEBOARD tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings and the hydrological effect of urbanization of the watershed.

FUNCTIONALLY DEPENDENT USE . A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers and ship building and ship repair facilities, but does not include long- term storage or related manufacturing facilities.

HARDSHIP . As related to § 159.315 means the 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 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 expensive 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 build elsewhere.

HIGHEST ADJACENT GRADE . The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE . Any structure that is:

1. 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;

2. 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;

3. 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

4. Individually listed on a local inventory of historic places in communities with historic preservation programs 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.

LANDFILL . A permitted location for the disposal, placement or dumping of garbage, trash, debris, junk or waste material.

LEVEE . A man-made 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.

LEVEE SYSTEM . 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 accordance with sound engineering practices.

LOWEST FLOOR . 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 this subchapter.

MANUFACTURED HOME . 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 . A parcel (or contiguous parcels) of land divided into 2 or more manufactured home lots for sale or rent.

MAP . The flood hazard boundary map (FHBM) or the flood insurance rate map (FIRM) for a community issued by the Flood Insurance Administration, Federal Emergency Management Agency and any other applicable maps which delineates areas subject to flooding such as, but not limited to survey maps of record, subdivision maps, parcel maps, other maps of record and special flood zone studies prepared by a California registered civil engineer, geologist or hydrologist.

MEAN SEA LEVEL . 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 § 159.315, means the minimum necessary to afford relief to the applicant of a variance with a minimum deviation from the requirements of this subchapter. In 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 ordinance.

MUDSLIDE (MUDFLOW) . Describes a condition where there is 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.

NEW CONSTRUCTION . For floodplain management purposes, means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to the structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION. 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 a community.

OBSTRUCTION . Includes, but is not limited to any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water or its likelihood of being carried downstream.

ONE HUNDRED YEAR FLOOD or 100-YEAR FLOOD . A flood which has a 1% annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used through this subchapter.

PRINCIPAL STRUCTURE . A structure used for the principal use of the property as distinguished from an accessory use.

PUBLIC SAFETY AND NUISANCES . As related to § 159.315 means the granting of a variance must not result in additional threats to public safety or create nuisances (such as something that is inconvenient, unpleasant, annoying or obnoxious). This subchapter 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 subchapter are kept to a bare minimum.

RECREATIONAL VEHICLE . A vehicle which is:

1. Built on a single chassis;

2. Four hundred square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

REGULATORY FLOODWAY . 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.

RIVERINE . Relating to, formed by or resembling a river (including tributaries), stream, brook and the like.

SPECIAL FLOOD HAZARD AREA (SFHA) . An area having special flood hazards, and shown on an FHBM or FIRM as Zone A, Al-30, AE, or A99 and also includes, but is not limited to areas subject to flooding as shown on survey maps of record, subdivision maps, parcel maps, other maps of record and special flood zone studies prepared by a California registered civil engineer, geologist or hydrologist.

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, 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.

STRUCTURE . A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

SUBSTANTIAL DAMAGE . 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. SUBSTANTIAL DAMAGE includes repetitive damages incurred by the structure within a 10-year period. For purposes of calculation, damages will be cumulative during the previous 10-year period, immediately preceding and including the latest flooding event.

ing the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. SUBSTANTIAL DAMAGE includes repetitive damages incurred by the structure within a 10-year period. For purposes of calculation, damages will be cumulative during the previous 10-year period, immediately preceding and including the latest flooding event.

SUBSTANTIAL IMPROVEMENT . 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. SUBSTANTIAL IMPROVEMENT includes repetitive improvements required to the structure within a 10- year period. For purposes of calculation, damage improvements will be cumulative during the previous 10-year period, immediately preceding and including the latest flooding event. 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.

VARIANCE . A grant of relief from the requirements of this article which permits construction in a manner that would otherwise be prohibited by this subchapter.

WATER SURFACE ELEVATION . 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.

WATERCOURSE . 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.

(1973 Code, § 9-4.2202) (Ord. 98-3, eff. 7-1-1998)